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HomeMy WebLinkAbout13 - Pacific Bay Homes - 2300 Jamboree Roadis • PROJECT: PURPOSE OF APPLICATION: C — _30 -667 Pacific Bay Homes 2300 Jamboree Road Agenda Item No.: Staff Person: July 22, 1996 13 Patricia L. Temple (714) 644 -3200 JUL 2 2 Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single - family development. Attached is an excerpt of the Planning Commission minutes of June 20, 1996 regarding the First Amendment to Development Agreement No. 8 and Amendment 848. Submitted by: SHARON WOOD Assistant City Manager , WVid Prepared by: PATRICIA L. TEMPLE Planning Director Attachment: Planning Commission Minutes of June 20, 1996 PLT:..F:OVP5 ITLAN NGV CC- RPT\CC960722W848.D0C 3s� CITY OF NEART BEACH p" �o COMMUNITY AND ECONOMIC DEVELOPMENT 1 � PLANNING DEPARTMENT SSA NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (714) 644-3200: FAX (74) 644-3250 is • PROJECT: PURPOSE OF APPLICATION: C — _30 -667 Pacific Bay Homes 2300 Jamboree Road Agenda Item No.: Staff Person: July 22, 1996 13 Patricia L. Temple (714) 644 -3200 JUL 2 2 Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single - family development. Attached is an excerpt of the Planning Commission minutes of June 20, 1996 regarding the First Amendment to Development Agreement No. 8 and Amendment 848. Submitted by: SHARON WOOD Assistant City Manager , WVid Prepared by: PATRICIA L. TEMPLE Planning Director Attachment: Planning Commission Minutes of June 20, 1996 PLT:..F:OVP5 ITLAN NGV CC- RPT\CC960722W848.D0C 3s� COMMISSIONERS °yon°��9p�y0 o-s MINUTES CITY OF NEIWPORT BEACH June '_0. 1996 0 ROLL CALL + i INDEX j \ I& That a washout area for refuse containers be provided in such a way as to allow direct drainage into the sewer system and not into the Bay or storm drains, unless otherwise approved by the Building Department and the Public Nods Department. 19. That this approval is for the establishment of a restaurant as defined by Title 20 of the Municipal Code, with the principal purpose for the,sale of food and beverages, and the sale and service of alcoho)ic beverages incidental to the restaurant use. i Further, that the sale'and service of alcoholic beverages shall be j i limited to beer and wine only and incidental to the food service i by dine -in customers only.'-, i i I i20. That the Planning Commission ma} add to or modif} conditions of approval to this Use Permit or recommend to the City Council j the revocation of this Use Permit, upon .a determination that the operation which is the subject of this Use Permit. causes injury, ' or is detrimental to the health, safet<, peace,'morals. comfort, or I i general welfare of the community. I ' ' 21. That this Use Permit shall expire unless exercised within 24 j months from the date of approval as specified in 'Section i i 20.80.090A of the Newport Beach Municipal Code. � i I ' SUBJECT: Pacific Bay Homes item 8 2300 Jamboree Road DA No. t A 648 • First Amendment to development Agreement No. 8 Approver • AmendmentNo.848 Amendments to Development Agreement No. 8 and the Aeronutror& Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwelling units from 19 J ar, 0 COMMISSIONERS 'SjF'9i � gccg0• i • CITY OF NEWPORT BEACH MINUTES June 20, 1996 CA�LL I INDEX � 500 to 450 and provide development standards for a detached single- ( i familydevelopment. Staff presented the staff report and summarized the contents referencing the exhibits posted on the board. The new plan of all detached, single + family dwellings necessitates changes to the Development Agreement and PC Text. These changes address the definitions and development standards contained in the Planned Community Development Plan under which the project is to be developed. A supplemental report was i ' I distributed to the Commission that includes additional corrections and i changes to the Planned Community Text and Development Agreement. LIs. Temple proceeded to explain the supplemental report. One of the 1 i! main issues associated with the original approval of the project were ( concerns regarding the prior use of a research and development manufacturing facility and the presence of hazardous materials on site and below the site. The city's consultant. Lynn Hetherington who has I been overseeing that hazardous material remediation program for the I ! City, is present and available for a status report. ! i Acting Chairperson Adams asked how the development standards for the i different lots were developed. I Staff answered that the design and development standards for alleys were intended to achieve a greater architectural variation on the alley side i setback rather than a standard setback as typical in the zoning code. This + particular set of amendments addresses all of area 4 of the Aeronutronic ! Ford Planned Community that were previously addressed by the Commission. Public Hearing was opened. I Lynn Hetherington, consultant for the City, stated that in terms of the I status of the remediation, the system is in place on site and is treating flowing groundwater. It is under directive of the lead regulatory agency, the Regional Water Quality Control Board. They are pleased with the ! { iI system and a meeting is scheduled soon to review the status. The risk j al 20 COMMISSIONERS 'Spt� \'N fliD'�('j \� ?i . .� `�2 F'�F9p�10,�OJ, i 0 CITY OF NENVPORT BEACH MINUTES June 20, 1996 ROLL CALL j j j I INDEX j assessments are forthcoming and those will be avaiiable in two to three weeks. Everything is progressing according to the work plan. Mr. Tim Paone, 19100 Von Karmen, Irvine represented Pacific Bay Homes which is a subsidiary of Ford. He thanked staff for all the hard work that has been done. He is satisfied with the changes that appear in the staff report. Issues of the landscape buffer have been resolved due to the agreement signing between Ford and the homeowners association. 1 i Public Hearing was closed. Commissioner Thomson asked for and received clarification of the lot 1 I size adjustments. otion i i * i l ` j Motion was made for adoption of Resolution No. 1435 recommending approval of First Amendment to Development Agreement No. 8 and Amendment No. 848. Yea I °: I * ;* *i MOTION CARRIED - 5 Ayes.2 Absent. bsent I j l Ili ADDITIONAL BUSINESS: Adall i I Busines: j a.) City Council Follow -up - A verbal report by the Assistant City Manager regarding City Council actions related to planning - Ms. Wood reported on the following actions: the Final Tract Map for Block 800 was approved; the Balboa Bay Club lease was presented and , ill have a second hearing on Monday, June 24th and there was discussion of the city budget which included adjustments to fees for services as a result of the KPMG report. For the June 24th meeting, a report on condominium conversion will be presented at the request of Councilmember Watt, as well as an interim urgency ordinance to prohibit condominium 21 0 P Ah CITY OF NEPORT BEACH Nteeting ate: July 8, 1996 O° 6 COMMUNITY AN'D ECONOMIC DEVELOPMENT Agenda Item No.: PLANNING DEPARTMENT Staff Person: Patricia L. Temple • rr��`��, 33� NEWPORT BOULEVARD (714) 644-3200 NEWPORT BE -,CH. CA q'.658 (7+4) 644-V-: FA7C 174) 644.3250 REPORT TO THE MAYOR AND CITY COUNCIL eooNCu AGENDA PROJECT: Pacific Bay Homes C) �p 2300 Jamboree Road Clo— I (P PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Conimunity, to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-famih development. • SUGGESTED ACTIONS: For the meeting of July 8,1996: Introduce Ordinance No. 96- . pass to second reading, and schedule a public hearing on July 22, 1996 for: • First AmendmenttoDevelopmentAgreementNo.8 • Zoning Amendment No. 848 For the meeting of July 22,1996: Hold hearing, close hearing; if desired: Adopt Ordinance No. 96 adopting the First Amendment to Development Agreement No. 8, and Adopt Resolution No. 96 adopting Amendments to the Aeronutronic Ford Planned Community (Zoning Amendment No. 848). 0 F,I 0 PLANNING COMMISSION ACTION At its meeting of June 20, 1996, the Planning Commission considered the amendments described • above, and recommended approval to the City Council. Copies of the staff reports prepared for the Planning Commission are attached for the information of the City Council. The minutes of the tlatgirimission meeting will be distributed to the City Council prior to the public hearing on .� :.5,' 'll these item Subsequent to the approval of the General Plan Amendment, Planned Community (PC) Amendment, Tentative Tract Map and Development Agreement for the Ford/Loral site, Ford Motor Land Development identified the builder/developer for the project. Pacific Bay Homes (formerly JM Development) immediately commenced discussions with City staff on changes to the original project approval. While generally in keeping with the concept of the original development, the new plan of all detached, single family dwellings necessitates changes to the Development Agreement and PC Text. It is important to note that these changes address the definitions and development standards contained in the Planned Community Development Plan under which the project is to be developed. The change of land use category to residential and the Environmental Impact Report certification and mitigation program are not under consideration as partof this action, other than the • determination as to whether the changes to the zoning document would require changes to the mitigation program previously established. ANALYSIS First Amendment to Development Agreement No. 8 Minor changes to the development agreement adopted as part of the original approval are necessary to incorporate language recognizing the proposed changes to the Planned Community Development Plan. No changes to the substance of the agreement are proposed. The changes also recognize that Ford Motor Land has accomplished some of the requirements of the original Development Agreement. Those accomplishments are the Belcourt Terrace Landscape Screen Agreement and the participation in the Affordable Housing Task Team, which has been meeting over the last several months, and has issued a Request for Proposals for the project. The Office of the City Attorney and the Planning Department have reviewed the amendments to the development agreement, and consider the proposed changes to be minor and technical in nature. Therefore, staff has no objections to the Development Agreement amendments. FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 ZONING AMENDMENT NO. 848 July 8, 1996 Page 2 0 0 Amendment No. 848 for the Aeronutronic Ford Planned Community • The proposed amendments to the Planned Community District Regulations and Development Plan, while comprehensive in scope, do not substantially alter the intent of the original set of regulations. The changes are needed to accommodate the revised development plan. The important changes to the development are the realignment of the internal loop road resulting in an expansion of the land area within the "circle," and revisions to development standards to accommodate the new development concept of 100% single family dwellings. Pacific Bay Homes will be submitting a revised Tentative Tract Map reflecting these changes in the near future. • The changes to the development plan fall into two categories, formatting changes and changes affecting the development standards. Generally, the key changes to the text are as follows: • Format changes to incorporate all the definitions and development standards for the project area into a single section. • Addition of definitions needed as a result of the specific residential product types envisioned by the new plan. These include alley loaded development. • Clarification of the definitions of Cluster Unit Development and Conventional Subdivision on a Planned Community Concept. This is needed because both staff and the developer had difficulty interpreting the original definitions. • Changes to the Statistical Analysis, including reducing the permitted number of dwelling units from 500 to 450. • Changes to the specific development standards, including: • Alteration to the uses permitted in the areas adjacent to Belcourt residences, implementingthe agreements regarding lot size and configuration. • Changes to setback requirements to provide for greater architectural variation. • Simplification of the text for ease of use. • Establishment of administrative procedures for modifications to the development standards. The procedures proposed reflect approval processes contained in the zoning code, • Clarification of the circumstances when Site Plan Review is required. • Provisions for the establishment of limited food and beverage service in a community recreation facility serving residents and guests only, subject to the securing of a Use FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 ZONING AMENDMENT NO. 848 July 8, 1996 Page 3 • 0 Permit. This is requested because the current development plan envisions a large community facility which could accommodate social functions. Staff has worked closely with the applicant in revising the development standards. Staff has no objections to the proposed changes, as they are needed to accommodated the revised development plan of 100% single family dwellings, and will be more understandable and easier to interpret as the development moves forward. Submitted by: SHARON WOOD Assistant City Manager Prepared by: PATRICIA L. TEMPLE Planning Director FJ Attachments: 1. Draft Ordinance No. 96- , regarding the First Amendment to Development Agreement No. 8 2. DrafResolutionNo. ,regardingAmendmentNo.848 3. Planning Commission staff report for the meeting of June 20, 1996 • 4. Supplemental Planning Commission staff report for the meeting of June 20, 1996 5. Planning Commission Resolution recommending adoption of the First Amendment to Development Agreement No. 8 6. Planning Commission Resolution recommending approval of amendments to the Aeronutronic Ford Planned Community (Amendment No. 848) 7. Planning Commission Minutes will be distributed to the City Council prior to the public hearing PLT:..F:\W P51 \PLANNING\ICC-RPT\CC960708\A848.DOC FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 19 • ZONING AMENDMENT NO. 848 July 8. 1996 Page 4 n u • ORDINANCE NO. E AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 BETWEEN THE CITY OF NEWPORT BEACH AND THE FORD MOTOR LAND DEVELOPMENT CORPORATION WITH RESPECT TO THE FORD LANDINEWPORTPROJECT The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of • resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of developmentagreements; and e. The Fist Amendment to Development Agreement No. 8 has been prepared in compliance with state law and the Newport Beach Municipal Code; and • f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider the First Amendment to Development Agreement No. 8; and l5 0 9 g. The City Council finds that the amendment to Development Agreement No. 8 is in compliance with the California Environmental Quality Act and Guidelines promulgated • thereunder; and h. The City Council finds that the amendment to Development Agreement No. 8 is in conformance with the Newport Beach General Plan. SECTION 2. The First Amendment to Development Agreement No. 8 is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Plar=ng Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held or, the day of , 1996, and was adopted on the _ day • of_,1996, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK • M F:\W P511PLANNINOI I CC-RPr CC960708 1 DAS-0RDDOC Recording Requested By and When Recorded Retum to: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 • oo-s96-im/F'j)3sj.=run4.22 FIRST AMENDED DEVELOPMENT AGREEAIENT BE' EEN THE CITY OF NEWPORT BEACH AND PACIFIC BAY HOMES Original Agreement Approved July 24, 1995 Ordinance No. 95-27 Amendment Approved . 1996 Ordinance No. 96 Submitted By: Paone Callahan McHolm & Winton 19100 Von Karman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 I 0 FIRST AMENDED DEVELOPMENT AGREEItIENT . THIS FIRST AMENDED DEVELOPMENT AGREEMENT (the "Agreement") is entered into between the City of Newport Beach (the "City"), and Pacific Bay Homes, a California corporation and a subsidiary of the Ford Motor Company. 1. RECffALS. This Agreement relates to the following: 1.1 Original Agreement. On July 10, 1995, the City Council of the City approved the "Development Agreement between the City of Newport Beach and Ford Motor Land Development Corporation" (the "Original Agreement"). The Original Agreement was recorded in the official records of the County of Orange on September 26, 1995. 1.2 Ownership Status. At the time of the Original Agreement, Ford Motor Land Development Corporation ("Ford Land") held an equitable interest in the property which is described in Exhibit A (the "Property "). Ford Land is a subsidiary of Ford Motor Company. In April 1996, The JM Development Company ("JM"), also a subsidiary of Ford, acquired fee title to the Property. Since the acquisition, JM has changed its name to Pacific Bay H016 Pacific Bay Homes shall be referred to within this Agreement as "Ford. " 1.3 Planning Status. The City Council conducted public hearings on these matters and the Original Agreement and certified the EIR on July 10, 1995. The General Plan Amendment (see Section 2.22 below), the Original PC Text Amendments (see Section 2.29 below), the Tentative Map (see Section 2.34 below), and the Original Agreement were approved on July 10. 1995. Since the approval of the Original Agreement, site planning has continued for the Property. As a result of that planning, Ford has proposed certain changes to the Planned Community District Regulations (the "PC Text") which also will result in changes to the Tentative Map. In addition to the stated purposes of the Original Agreement, this Agreement intends to make those modifications to the Original Agreement which sill allow the development of the Property (the "Project") to proceed consistent with approved modifications to the PC Text and the Tentative Map. 1.4 General Findings. By approving this Agreement, the City Council finds that the modifications to the PC Text and this Agreement, when implemented through subsequent entitlement procedures, such as the subdivision mapping process, are conssaent with the intent of the City Council in approving the Original Agreement. 1.5 CEPA Compliance. On July 10, 1995, the City Council certified Environmental Impact Report No. 153 for the Project (the "EIR"). All significant environmental concerns for the DQS9e-1058IF313314M r Is»4.22 • t 0 • • proposed Project have been addressed in that previoush certified Environmental Impact Report (SCH (194011022), and the City of Newport Beach intends to use that report for the Project u n der con sideration, and there are no reasonable alternatives or mitigation measures that should be considered in conjunction with the Project. 1.6 EffectiRt Original Agreement. This Agreement is immnded to modify the Original Agreement. ne provisions of this Agreement which modify the Original Agreement are the only provisions intended to be modified. The use of a single document called an "amended agreement, " rather than the use of a list of modifications or amendments to be used in comparison to the Original Agreement, is intended to sunphfy future reference to this Agreement. The Effective Date of this Agreement remains the original Effective Date of the Original Agreement, August 23, 1995. The Approval Date remains July 10, 1995. 1.7 Effective Date of hfodiFcations. The provisions of this Agreement which represent actual changes from the Original Agreement shall become effecdie on the effective date of the ordinance approving this Agreement. 1.8 Purpose of Agreement. This Agreement restates the interim of the Original Agreement as follows. a. Provide for the orderly transition of the land use or a property commonly ]mown as • the "Loral Site" from commercial/industrial uses to less intense residential uses. b. Establish the parameters of building height, density.:acation, and timing to mintmi�e, to the extent reasonably feasible, any significant ad -;_-.—se impacts of Ford's proposed residential development on the environment. C. Provide the City with greater certainty that the ^roject will be implemented as presently planned so that the City will receive the substantial economic benefits projected by the project's fiscal impact study. d. Provide public benefits to the City in excess of notal mitigation requirements in the form of (1) substantial financial assistance from Ford in resolving a long-standing traffic circulation issue in the Easibluff commuz-:w, (2) financing by Ford of extraordinary environmental monitoring of site remriiation, and (3) the provision of assurances by Ford with respect to the funding and:'c. provision of affordable housing units within the City. 1.9 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of Caffomia, and Chapter 15.45 of the Newport Beach Municipal Code. • 06259& 1058 1 F31131 -OM 11577/.32 r 1.10 Interest of Ford. Ford is the legal owner of approximately 98.1 acres of real property locat� in the City and more particularly described in Exhibit "A" (the "Property"). 1.11 Development of the Property. Subject to those conditions and mideation measures identified in Environmental Impact Report No. 153 for Ford Land Newport (the "EIR") which were imposed by the City Council as conditions to approval of all or part of the Development Plan, this Agreement authorizes development on the Property consistent with the Development Plan. 1.12 Condition of Site. At the time of the Original Agreement, the Property was occupied by buildings constructed over the last thirty years to house research, design, and industrial types of uses. Since the Approval Date and as part of the Development Plan, Ford has demolished the existing structures. Additionally, prior activities on the site have resulted in soil and groundwater contamination. Efforts to remediate these conditions, which would have been made by Ford with or without this Agreement, have moved substantially and positively forward since the Approval Date. 1.13 Project Benefits. While the landowner has the right to continue the presently permitted uses on the Property, existing circumstances present the City with the opportunity to establish, with the landowner's cooperation, new economically and environmentally viable uses on the Property. The proposed project prevents a relatively unique opportunity to reduce the intensity of land uses occurring on the site. The EIR has demonstrated that the conversion of the existing research and development uses on the Property to residential uses will Prov' substantial benefits to the community through the improvement of environmental conditi related to traffic, air pollution, the potential for groundwater pollution, the consumption of non-renewable energy resources, and noise. Additionally, a review of the fiscal impacts of the proposed project indicates that the City will derive increased revenues from property and sales tax as a result of the proposed project. 1.14. Planning Commission/C�tv Council Hearings: This Agrreement. The Planning Commission, after gibing appropriate notice, held public hearings to consider this Agreement and the newly proposed PC Text amendments (see Section 2.29 below) on 1996. The City Council conducted public hearings on the proposed PC Text amendments and this Agreement on 1996. 1.15 Consistency. Like the Original Agreement, this Agreement is consistent with the various elements of the Newport Beach General Plan, the Development Plan, and other applicable ordinances, plans, and policies of rye City. Also like the Original Agreemen4 this Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents Ford's commitment to comprehensive planning, provides certainty in the approval cf subsequent projects subject to compliance with conditions, reduces the economic cost of development by providing assurance to Ford that it may proceed with projects in accordance with existing regulations, and provides assurance 062596105E 7 F313314)02 115774.22 3 • • to adjoining property owners that limits on the height of structures and amount of development as specified in the Development Plan. 1.16 Police Power. As it did with the Original Agreement, the City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of. the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.17 City Ordinance. On July 10, 1995, the City Council approved the Original Agreement and conducted the fust reading of Ordinance No. 95-27 approving and authorizing the City to enter into the Original Agreement. On July 24, 1995, the City Council completed adoption of the Adopting Ordinance. The Adopting Ordinance became effective on August 23, 1995. On _ . 1996, the City Council approved this Agreement and conducted the first reading of Ordinance No. 96-_ approving and authorizing the City to enter into this Agreement. On . 1996, the City Council completed adoption of this ordinance. 2. • 2.1 The "Adopting Ordinance" refers to City Ordinance No. 95-27 adopted by the City Council on July 24, 1995, authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this "First Amended Development Agreement Between the City of Newport Beach and Pacific Bay Homes. " The Agreement is also identified by the City as the City's Development Agreement No. S. 2.3 "Annual Review" refers to the review of Ford's good faith compliance with this Agreement as set forth in Section 6. 2.4 The "Annroval Date" means July 10, 1995, the date on which the City Council voted to approve the Original Agreement and the prior Development Plan. 2.5 All forms of use of the verb "assign" and the nouns "assignment" and "assigneeshall include all contexts of k%Wthecations, sales, conveyances, transfers, leases, and assignments. 2.6 "CEOA' and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guideline promulgated by the Secretary of Resources of the State of California. 2.7 "City" refers to the City of Newport Beach, California. ! 062SW IQSS / 1`31331-002 / wnkn 4 1\ 2.8 'Council" refers to the City Council of the City. • 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant to Section 9. 2.10 A "dav" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Ford Default' refers to a default by Ford. 2.12 "Development Permit" means building permits, grading permits and other permits authcrizing construction activity. 2.13 The "Development Plan" refers to (i) the General Plan (see Section 2.24), (ii) the PC Text (see Section 2.29), and (iii) the Tentative Map (see Section 2.33 below). 2.14 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. The Effective Date is August 23, 1995.. 2.15 The "EIR" refers to Environmental Impact Report No. 153 of the City of Newport Beach. 2.16 An "Estoppel Certificate" refers to the document certifying the status of this Agree required by Section 6.6 in the form of Exhibit "D". 2.17 An "Exhibit" refers to an exhibit to this Agreement. • All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: List of Project Conditions Exhibit D: Estoppel Certificate 2.18 'Existing General Regulations" means those General Regulations approved by the City on or before the Approval Date (irrespective of their effective date) and not rescinded or superseded by City action taken on or before the Approval Date. 2.19 Financing District. "Financing District" for purposes of this Agreement means any assessment district, special district, community facilities district, maintenance distri:t, or other similar district, legal entity, or mechanism formed pursuant to the provisions of legislation in effect at the time the Financing District is formed. The purpose of a Financing District is to finance the cost of public improvements, facilities, maintenance, or ser -ices. 06:596.1058 f nimt-0=/1377412 . 5 l� 0 0 • Examples include districts formed under the 'Municipal Improvement Acts of 1911 and 1913 and the Mello -Roos Community Facilities District Act of 1982. 2.20 "Ford" refers to Pacific Bay Homes, a subsidiary of Ford Motor Company. 2.21 "Future General Reputations" means those General Regulations (see Section 2.23 below) adopted by the City after the Approval Date. 2.22 The "General Plan Amendment" means GPA -93-2(A) amending the general plan of the City as approved by the City Council on July 10, 1995. 2.23 "General Reputations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and/or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.24 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by rhe City on or before the Approval Date as part of the Development Plan. "General Plan" also shall include any general plan amendments affecting the Property or the Project which are adopted by the City and consented to, in writing, by Ford. 2.25 "Includes" and all contexts and forms of the words "includes" and "including" shall be • interpreted to also state "but not limited to." 2.26 "Mortgagee" refers to the bolder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.27 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.28 The "Original Agreement" refers to the Development Agreement for the Project which was approved on July 10, 1995, and recorded on September 26, 1995. This Agreement modifies the Original Agreement. 2.29 The "Original PC Text Amendment" refers only to the "Aeronutronic Ford Planned Community District Regulation" as amended by the City Council on July 10, 1995. 2.30 The "Parties" refers to the City and Ford and a "Pam" shalt refer to either of the Parties. 0 063961068 / F31331 -OM / 15774.32 13 0 0 2.31 The "PC Text" refers to the "Aeronutronic Ford Planned Community District Regulatt� as amended by the City Council on July 10, 1995, with the approval of Amendment No. and all subsequent modifications of the PC Text which are approved by the City Council and Ford. 2.32 "Planning Commission" refers to the Planning Commission of the City. 2.33 The "Project" refers to the proposed development of the Property pursuant to the Development Plan and this Agreement. 2.34 The "Property" refers to the real property described on Exhibit "A" and depicted on Exhibit "B." 2.35 The "Tentative Mao" refers to the tentative tract map for Tract No. 14925 approved by the City Council on July 10, 1995, and any subdivision map approved by the City Council after the Approval Date which substantially conforms with the PC Text at the time of the map's approval. If a subsequent subdivision map (or maps) replaces or supersedes 7TM No. 14925, the new map(s) shall be considered the Tentative Map which is included within the Development Plan. 3. CONDITIONS TO DEVELOPMENT. 3.1 Introduction. The provisions of this Section express the intent of the Parties regarding extent to which this Agreement vests Ford's right to proceed with the development described in the Development Plan. Ford acknowledges that its right to proceed with development described in the Development Plan is subject to numerous conditions including the following: (a) The specific limitations and restrictions contained in the Development Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; (c) Conditions imposed by the City as a result of subsequent or supplement environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Compliance with the terms and conditions specified in this Agreement; and (e) Compliance with the Existing General Regulations. 3.2 Compliance with Development Plan Conditions/:<fitigation Xleasures. Ford acknowledges that City Council approval of the Development Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimi or 062596.10591 F31331.= 11577411 7 \y 9 • • eliminate the significant adverse effects of the Project and insure the health, safety, and welfare of nearby residents as well as residents of the proposed project. Pursuant to CEQA, many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before certain specified development activity. In certain instances, these mitigation measures may exceed those which might otherwise be appropriate under "nexus" and "rough proportionality" tests. By entering into this Agreement. Ford agrees to be bound by and waives any protest any such project conditions. The conditions and mitigation measures adopted by the City Council are set forth in Exhibit C. 3.3 Compliance with General Regulations. Ford is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, for a development application, the applicable fee, cost, or expense shall be that in effect on the date such an application is determined by the City to be complete. Ford shall also comply with any Future General Regulation that does not impair or affect its ability to develop the Property in accordance with the Development Plan. Ford shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for specific development permits are submitted. 3.4 Water Capital Improvement Charges. Section 14.33.040 of the City's Municipal Code • provides for the payment of a "water capital improvement charge' for lands designated pursuant to Section 14.33.030 of the Municipal Code. Section 14.33.040 of the Municipal Code relates only to system facilities that will be needed to serve an "undeveloped area." Because the Project consists of replacement of an existing use on a previously developed site which can be adequately served from existing City water facilities, Ford shall not be required to pay water capital improvement fees to the City. 3.5 Public Health and SafetviUniform Codes. This Agreement shall not prevent the City from either (i) adopting Future General Regulations (including uniform codes which are based on recommendations of a multi -state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code) or (ii) imposing conditions inconsistent with the Development Plan on future discretionary approvals, where such actions directly result from findings by the City that those actions are necessary to avoid consequences which are injurious or detrimental to the public health and safety. This reservation of authority is subject to the following: a. City shall neither (i) refuse to issue or approve any application or permit nor (ii) apply to the Project or the Property any conditions or Future General Regulations if such action would prevent, preclude, delay, alter, or in any way affect (in a manner not satisfactory to Owner) the implementation of all or any portion of the Development 0 0625961053 1 F31331-= / Im4M 8 �� 0 0 Plan until the City Council makes a finding that such action is the only reasonaft necessary means to correct or avoid such injurious or detrimental condition. MW b. Any such action taken pursuant to this Section shall apply only to the extent and for the duration necessary to correct or avoid such injurious or detrimental condition. 3.6 Environmental Remediation. Certain portion(s) of the Property will require environmental remediation before occupancy. Subject to all other provisions of this Agreement, occupancy permits shall be issued by the City for those portions of the Property if Ford has complied with Mitigation Measures 4, 5, and 6 set forth in Section 3.10 (Public Health and Safety) of the EIR. 4. BENEFITS TO FORD. 4.1 Right to Develog. During the term of this Agreement and subject to the provisions of Sections 3 and 5, Ford shall have a vested right to develop and receive occupancy permits for construction on the Property to the full extent permitted by the Development Plan, including grading of the site as contemplated by the elevations shown on the Tentative Map, subject to: (a) compliance with CEQA, (b) the terms and conditions of this Agreement, (c) the City's grading ordinance in effect on the Approval Date, and (d) compliance with conditions imposed on any subdivision map submitted by Ford subsequent to the Effective Date, provided that the City may only impose subdivision map conditions which are (i) necessary to mitigate any significant adverse impact not identified in the EIR, (ii) neces to ensure compliance with the subdivision design and improvement standards of the Ci effect on the Approval Date, or (iii) necessary to make the findings required by the Subdivision Map Act. Subject to the provisions of this subsection and Sections 3 and 5, City shall only take action which complies with and is consistent with the Development Plan and this Agreement unless Ford otherwise consents in writing. City shall not impose any condition or requirement (whether in the form of a fee, tax, requirement for dedication or reservation of land, or any other type of exaction) on the Project, except as expressly permitted by this Agreement or required (as opposed to permitted) by state or federal law. 4.2 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure, moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Development Plan and this Agreement (including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 4.3 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Ford in conjunction with the application or issuance of any permit authorizing development, construction, use, or operation of the Property. 0525961058 1 F31331 -OM 115774.22 • 9 1� 0 0 • 4.4 TCA Credit. As a result of the reduction in traffic impacts generated by converting the Project site to less intense uses than presently exist, the Transportation Corridor Agencies (the "TCA") have acknowledged a credit to Ford in the amount of $3,436,966 in relation to the construction of the San Joaquin Hills Transportation Corridor. This credit shall be applied toward any Project fees otherwise payable to the City, the Transportation Corridor Agencies, or any other agency in connection with the construction of the San Joaquin Hills Transportation Corridor or any other transportation corridor for which fees are imposed upon development. If (i) this credit is larger than the Project's corridor fee obligation and (ii) Ford and the TCA enter into an agreement to allow Ford to sell or transfer any credits in excess of the Projects fee obligation, then the City shall not object to the sale or transfer of the credits on the terms set forth in that Ford/TCA agreement. 4.5 Fair Share Ordinance. As a result of the reduction in traffic impacts generated by the Project and the traffic improvements included within the Project, no fees shall be payable for the Project under the City's "Fair Share" Traffic Ordinance. 4.6 Sewer Connection. The City shall provide sewer service to the Project through a connection to existing City sewer lines serving the adjacent Belcourt communities and the existing Loral site. City shall provide sewer facilities only to the boundaries of the Project and Ford shall • pay any sewer connection or sewer service fees required by the Existing General Regulations. 4.7 Storm Drains. The City shall provide drainage capacity to the Project by allowing connection to existing City storm drains. 4.8 Park Fees. The Project shall comply with all City park requirements through the payment of park fees in the amount of 56.897.37 per residential unit: Ford shall advance Five Hundred Thousand Dollars (5500.000) in park fees to the City within sixty days after the Effective Date. The fees paid in advance shall be credited toward and satisfy park fees for the first seventy-three residential building permits issued for the Project. Thereafter, Ford shall pay $6897.37 per residential unit until all park fees required by this Agreement have been paid. These payments shall satisfy the City's Park Dedication Ordinance. No dedications or reservations of land except as expressly identified in the Development Plan shall be required of the Project. 4.9 Time for Construction and Completion of Project. Subject to the provisions of this Agreement and the Development Plan, Ford shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply for, and receive timely approval of permits or approvals, at any time. 4.10 Extension of Tentative Mao. To the extent permined by law, the City shall extend through the term of this Agreement (pursuant to Government Code Section 66452.6) the Tentative 0 06.59610581 F31331.OM ! I M4 22 0 Map (see Section 2.33 above) and all tentative subdivision maps applied for by Ford approve by the City in the future. 4.11 Phased Final Mans. As many as forty phased fmal maps may be filed for each tentative tract map approved for the Project. 4.12 Development Standards. Because this Development Plan has been prepared to meet the unique design parameters of this Project, the City Council has determined that rigid consistency with the City's development standards for other areas of the City is neither necessary nor appropriate. Therefore, as to this Project, the provisions of the Development Plan and this Agreement shall prevail over any conflicting provision of any other City ordinance or resolution. 4.13 Fees. Taxes. and Assessments. The City shall not impose any additional fee, tax, or assessment on all or any portion of the Project or the Property, whether as a condition to a Future General Regulation or otherwise, except such fees, taxes, and assessments as are described in or required by this Agreement. Ford shall be responsible only for those fees, taxes, and assessments which presently are applicable to the Property under the General Regulations in effect on the Approval Date. Except as set forth in Section 4.8 above, the rates of such fees, taxes, and assessments shall be the rates in existence at the time said fees, taxes, and assessments are normally required to he paid to the City. 5. PUBLIC BENEFITS. 0 5.1 Reduced Impacts. This Agreement confers a substantial public benefit by converting an existing commercial/industrial use to a less intense residential use. The EIR for the Project has established specific improvement in environmental conditions related to reduced potential for impacts arising from traffic, air pollution, the consumption of non-renewable energy resources, the potential for groundwater pollution. and noise. 5.2 Fiscal Benefits. The project's Fiscal Impact Report projects that, at maximum Project buildout, the City will receive net recurring revenues of approximately $571,700 per year in constant 1995 dollars. The recurring surplus is based on projected annual Project revenues of $963,600 and projected annual costs of $391,000. 5.3 Affordable Housing. The City's Housing Element presently sets forth goals and strategies for providing housing units for very low, low, and moderate income housing ("Affordable Units"). The Housing Element requires residential developers to provide affordable units, either on-site or off-site, with the number of units contingent,upon numerous factors including the presence or absence of development incentives, the extent of any financial contribution to the development by public entities, and the overall feasibility of providing affordable housing given the unique characteristics of the project. The Housing Element specifically 063961058 / F31331 -OM 115774.22 11 0 0 • encourages the use of development agreement and expedited permitting to encourage the construction and occupancy of affordable housing projects. The City and Ford agree that Us development presents a unique opportunity, possibly in combination with a Development Agreement between the City and one or more other developers, to construct affordable housing on vacant sites within the City using a unique public/private planning and financing process outlined in this Section: a. Affordable Housing Percentage. The Housing Element requires projects such as this to provide, to the extent feasible, units affordable to moderate income families and individuals equal in number to between 15% and 25% of the market rates units produced by the project. These units are to be provided for a minimum of twenty years. The City and Ford agree that the cost and delay attendant to environmental remediation of the Property, Ford's agreement to advance park fees, and the other public benefits provided by Ford under this Agreement make infeasible the production of affordable housing in excess of 15% of the total number of residential units constructed pursuant to the Development Plan. b. Task Team Participation / In Lieu Fees. The Original Agreement contained a requirement for Ford to satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford's affordable housing obligations under this Section. Since the Approval Date, Ford has actively participated in the Task Team, which is implementing its original goals as set forth in the Original Agreement. The requirement contained in the Original Agreement remains in place and reads as follows. "b. Task Team Participation / In Lieu Fees. Ford shall satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford 's affordable housing obligations under this Section. The Task Team shall consist, at a minimum, of a member of the City Council, a representative of Ford , and members of the City staff. The City Council also may appoint to the Task Team representatives of other property owners, builders, or persons experienced in the development of affordable housing. Ford shall make available to the Task Team its experience and expertise in land development upon reasonable request by the Task Team. 0 062596-]0581 F31331 -OM 115mM The Task Team shall submit to the City Council a statement of goals and priorities within ninety days after the later of (i) the Effective Date or (H) the appointment of the Task Team by the City Council. The Task Team shall have a single term of two years, unless extended by mutual agreement of the City and Ford. The Task Team shall report to the City Council no less than 12 E once every ninety days after submittal of its statement of goals and priori The goal of the Task Team shall be to submit to the City Council, within years after the Effective Date, a report identifying one or more affordable housing projects to be funded in whole or in part by Ford. If a project is identified and implemented, Ford shall contribute $2,500,000 Qess $5,000 for each of the 500 units allowed by the Development Plan which Ford agrees, in writing, not to build) toward the implementation of that project. Subject to Ford's ongoing participation in Task Team implementation eff4m, payment of this sum will satisfy Ford's affordable housing obligations. "c. Option If No Task Team Project. If either (i) the City Council does not require Ford to financially contribute to implementation of a Task Team project as described in Subparagraph b above or (ii) the Task Team does not recommend implementation of an affordable housing project to satisfy Ford's affordable housing requirement, then Ford shall have the option, within sixty days after the term of the Task Team expires, to satisfy that requirement by notifying the City that it will either: i. construct or rehabilitate offsite residential units within the City and make those units affordable to moderate income families or individuals for 20 years or more from the date of occupancy; or ii. pay an affordable housing in Iieu fee of S5,500 for each reside building permit issued within the Project; or iii. construct fewer than the number of affordable units required under Subsection c(i) above and pay an affordable housing in lieu fee equal to: • $5,500 for every residential building permit issued for the Project minus • $36,000 multiplied by the number of affordable units constructed and/or refurbished by Ford. Under this option, Ford's affordable housing in lieu fee shall not be less than twenty percent of its total financial commitment." 5.4 Environmental Monitoring. Due to existing soil and groundwater contamination on the Project site, before residential occupancy can occur on the site, Ford is required by law, as 057.5961056 / F31331 -M 175774.21 0 13 t, • well as by the City's conditions and mitigation measures for the Project, to obtain approvals from other public agencies, such as the Regional Water Quality Control Board and the Orange County Health Care Agency ("County Health"). By this Agreement, Ford also will pay for the cost of an environmental monitor to be retained by the City to review all Ford submittals to those agencies. Ford shall provide the monitor with copies of all submittals concurrently with their delivery to those agencies. Additionally, if requested by the monitor, Ford shall provide to the City the underlying data which supports Ford's request to County Health for a Health Risk Assessment of the Project site. The City may have either the monitor or another consultant review and independently verify the accuracy and validity of the Health Risk Assessment and analysis and conclusions and correspond, if needed, to County Health before its final action. The monitor shall not perform any independent collection of data. The monitor performing this function may be the same or may be different than the monitor performing the general overview described in the first paragraph above. In perforating either function, the monitor may report his or her findings to the City Council and the City Council, in tum, may take any action it deems appropriate which is not inconsistent with this Agreement. The selection of the monitor and the data consultant and their scope of work shall be subject to the mutual approval of the City and Ford. Any inconsistency between this provision and any mitigation measure for the Project shall be resolved in favor of the mitigation measure. 5.5 Eastbluff Traffic. The Eastbluff community in the vicinity of the Project site has had a historical concern regarding the impact of through traffic on its streets. The EIR has concluded that the Project will not contribute sufficient through traffic to constitute a significant impact on this existing problem. Further, Ford has no legal obligation to correct the existing problem and the City has no authority independent of this Agreement to impose a condition requiring Ford to correct the existing problem. Pursuant to this Agreement, however, Ford shall contribute to the solution to the existing traffic problem as follows: a. The determination of a solution shall be dependent upon an agreement between the Eastbluff community and the City. b. If the "solution" costs $50,000 or less: Ford will pay one -hundred percent of the total cost of the capital improvements/traffic studies (as opposed to long-term maintenance) of the solution as actually implemented; or If the "solution" costs more than $50,000: • 062596-10581 F31331-0OM 1 15774]2 14 i. Ford will pay one-third of the total cost of the capital improvements/tra studies as actually implemented, with a minimum payment of S50,000 adW maximum payment of $75,000. Ford will not be required to make a deposit of funds until a "solution" actually is approved by the City for implementation. Any funds actually deposited but not used to implement the solution shall be returned to Ford. d. If the City and the Eastbluff community have not agreed on a "solution" within one year from the Effective Date and the date for agreement has not been extended by Ford, this obligation shall terminate. e. If a lawsuit is brought by any person or entity challenging any of the Ford approvals on the basis of the Eastbluff traffic conditions and that lawsuit is not terminated within thirty days after service, the provision requiring Ford's contribution to the traffic solution will terminate. 5.6 Drainage. Concerns have been expressed in the public process regarding the impacts of the Project's drainage on nearby residential communities. The EIR has established that the Project will not have any significant drainage impacts on any other residential communities. Nonetheless, pursuant to this Agreement Ford will take the following actions: a. Upon formation of the Master Community Association, the conditions, covenants, restrictions will provide that: All structures shall have gutters and downspouts; ii. The Master Association shall routinely maintain the onsite storm drain system to facilitate proper operation of the system; and iii. The submittal of landscape plans for each individual lot shall provide that water from downspouts will be transported to the street through an appropriate collection system. b. The Project site will be graded so that surface drainage will flow to the streets where it will be collected and channeled into a closed storm drain system. 5.7 Belcourt Terrace Landscape Screen. This Agreement as originally recorded on September 26, 1995, contained a Section S.7 which imposed certain obligations upon Ford with respect to the establishment of a landscape screen along the boundary of the Property and the Belcourt Terrace project adjacent to the Hillsdale Drive boundary wall. Since the recording of the Agreement, that condition has been satisfied by the signing of a Landscape Screening 06259610581 F31331-002 / 151MM • 15 0 0 Agreement between Ford and the Belcourt Terrace Homeowners Association (the "Association"). x 6. ANNUAL REVIEW. 6.1 Cityand Ford Re_ gnsibilities. At least every twelve (12) months during the Term, the City shall review Ford's good faith substantial compliance with this Agreement (the "Annual Review"). After the Annual Review, the City's finding of good faith compliance by Ford shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Party. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued for no more than sixty days at the request of either Parry to afford sufficient time for analysis and preparation of a response. 6.2 Opportunity to be Heard. Ford shall be permitted an opportunity to be heard orally and in writing at any noticed public hearing or meeting related to the Annual Review. 6.3 Information to be Provided to Ford. The City shall mail to Ford a copy of the staff report and related exhibits concerning Agreement performance a minimum of fifteen (15) days • before the Annual Review. 6.4 Mitigation Monitoring. The Annual Review shall include an analysis of compliance with the various conditions and mitigation measures contained within the mitigation monitoring plan. Ford shall be found in compliance with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Ford has not complied with one or more mitigation measures or conditions including those imposed as a result of subsequent environmental analysis, applicable to the grading of, and building on, the Property as of the date of the Annual Review. 6.5 Review Letter. a. After Finding of Compliance. If Ford is found to be in compliance with the Agreement after the Annual Review, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. b. After Cure of Default. If Ford is found to be in Default under this Agreement at the Annual Review, but subsequently cures that default in the manner provided by this Agreement, the City shall issue, within ten (10) days of Ford's written request, a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. 0 06259&10581 F31331-002/ rSW4= 16 • 0 6.6 Estoppel Certificate. Either Parry may at any time deliver written Notice to the other P� requesting an estoppel certificate (the "Estoppel Certificate") stating: (a) The Agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) To the best of the signing Party's knowledge, no Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may sign Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and ltfortgagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 6.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Ford's Default. GENERAL PROVISIONS. • 7.1 Effective Date. This Agreement and the obligations of the Parties shall be effective as of the Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 7.2 Tetra of Agreement. The term of this Agreement (the "Term") shall begin on the Effective Date and continue for twenty-five (25) years unless otherwise terminated or modified pursuant to this Agreement. 7.3 Assienment. Ford has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. As long as Ford owns any part of the Property, Ford may assign the benefits of this Agreement without delegating the obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Ford of the corresponding obligations. Where an assignment includes the delegation of the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Ford or any assignees not in Default, the Default shall not constitute their Default, give 0625945-1059 / P31331 -M / ISMIZ • 17 0 0 grounds for termination of their rights under this Agreement or be a basis for an enforcement action against them. Under no circumstances, shall Ford be relieved of its obligations under Sections 5.3, 5.4, 5.5, and 5.6. 7.4 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), this Agreement may be amended from time to time by the mutual consent of the Parties, or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Ford shall not request, any amendment to the provisions of the Development Plan or this Agreement that would increase the maximum permitted gross floor area or the maximum permitted building height above that established as of the Effective Date of this Agreement. This Subsection shall prevail over any conflicting ordinance, resolution, policy or plan adopted by the City Council. 7.5 Enforcement. This Agreement is enforceable by each of the Parties and their respective successors and assigns. 7.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events; (a) Expiration of the twenty-five (25) year tetra; (b) Completion of the Project in accordance with the Development Plan and the City's issuance of all occupancy permits necessary to fully implement the Project, the acceptance of all dedications required by this Agreement, and the satisfaction by Ford of its obligations under Sections 5.3, 5.4, 5.5, and 5.6 above. (c) Entry, after all appeals have been exhausted, of a final judgment or issuance of a final order directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part of the Project; or, (d) The effective date of a Party's election to terminate the Agreement as provided in Section 9.3 of this Agreement. • 062596-1058 ! F3133t-= / ISM= is P 8. CONFLICTS OF LAW. • 8.1 Conflict with State and Federal Laws and Reeulations. Where state or federal laws or regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following; (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations required modification or suspension; (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local, state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and is (f) Ford consents in writing to the modification. Ford shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 9. DEFAULT, REMEDIES AND TERAID;ATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Pam alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of the alleged Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Pam a Notice of intent to terminate the Agreement if that Party intends to terminate the Agreement. Within thitry 062595 LOSS f F31331 -=I 157 74.12 0 19 �p (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. This hearing shall utilize the procedures outlined for the Annual Review in Section 6 above. 9.3 Notice of Termination. After the City Council hearing described in Section 9.2, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the continued existence of a Default after the Cure Period. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11. 17, in which case the court shall render an independent judgment as to the existence of a Default and good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure or delay in giving Notice of Default shall not waive a Parry's right to give future Notice of the same or any other Default. 9.5 Default by Ford. Subject to and after termination of this Agreement in compliance with • Sections 9.1 through 9.3, if Ford Defaults, the City shall have no obligation to perform any of City's obligations under this Agreement (as opposed to the City's obligations under the Development Plan and the General Regulations), unless otherwise ordered by a court of law. The City's election not to perform as permitted by this provision shall not constitute a Default. 9.6 Default by the City. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if the City Defaults, Ford shall have no obligation to perform any of Ford's obligations under this Agreement, unless otherwise ordered by a court of law. Ford's election not to perform as permitted by this provision shall not constitute a Default. 9.7 Specific Performance. The Parties agree that the loss by either of them of their respective rights under this Agreement may not be compensable through monetary damages. Therefore, the remedy for a Default for each Party shall be limited to specific performance and/or injunctive relief. This provision applies only to actions related to the Parties' performance under this Agreement and does not limit the remedies of either Party under any other provision of law. 0 062995:=8 7 F31331.OM/1577422 20 �1 10. 11 • i ENCUMBRANCES AND RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Ford may encumber all or any portion of the Property in an manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request. with Ford and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification, provided the proposed modification does not materially alter the terms and provisions of this Agreement, the obligations imposed upon either Party, or the benefits received by either Patty. 10.2 Entitlement to Written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City written Notice of any Ford Default at the same time Ford is provided with Notice pursuant to Section 6.1. MISCELLANEOUS PROVISIONS. 11.1 Notices. All Notices (see Section 2.27) shall be written and delivered by personal delivery (including Federal Express and other commercial express delivery services providing acknowledgments or receipt), registered, certified, or express mail, or telegram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; • (b) For registered, certified, or express mail, upon the delivery date or attempted delivery date as shown on the return receipt; and Notices shall be addressed as follows: To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: Planning Director To Ford : Pacific Bay Homes Attn: Karin T. Krogius 18400 Von Karman, Suite 900 Irvine, California 92715 062 596-105 8 1 F31331-0OM 115774.22 21 • 0 0 With a copy to: 0 Tim Paone Paone, Callahan, McHolm & Winton 19100 Von Karman, 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be changed by giving Notice of a new address. 11.2 Enforced Delav: Extension of Time of Performance. Neither Party shall be deemed to be in Default where delays or non-performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, acts of nature, unavailability of materials, governmental restrictions imposed or mandated by governmental entities, suspension of rights in accordance with the existence of unforeseen circumstances, litigation, or similar bases for excused performance. An extension of time for performance shall be deemed granted for the period of the delay, or longer as may be mutually agreed upon. 11.3 Severability. If any material part of the Agreement is found by a court to be invalid, void, or illegal, the Parties shall modify the Agreement to implement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however, the Agreement objectively cannot be modified to implement the original intent of the Parties and the Parry substantially benefitted by the material provision does not waive its rights under the unenforceable provision, the entire Agreement shall become void. For purposes of this Section, and without excluding the possible materiality of other provisions of this Agreement, all provisions of Section 4 and 5 are deemed "material." 11.4 Entire Agreement. This Agreement constitutes the entire understanding and Agreement of the Parries regarding the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties regarding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement must be in writing and signed by the Party making the waiver. 11.6 Incorporation of Recitals. The Recitals set forth in Section 1 are part of this Agreement. 11.7 Covenant of Good Faith and Fair Dealing. Neither Party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the benefits of this Agreement. 0 062596105E / P31331.002 / 15770.22 22 a� 9 0 11.8 Covenant of Cooperation. The City shall help Ford obtain any permits from either the or other public agencies which may be required for development of the Project or as a r of any modifications, suspensions, or alternate courses of action allowed by this Agreemen . Ford may challenge any such ordinance, measure, moratorium, or other limitation in a court of law if it becomes necessary to protect the development rights vested in the Property pursuant to this Agreement. 11.9 Further Actions and Instruments. Upon the request of either Parry, the other Patty shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or conR,f,,,,,ate the transactions contemplated by this Agreement. 11.10 Successors and Assigns. Subject to Section 7.3 above, the burdens of this Agreement shall be binding upon, and the benefits of the Agreement inure to, all successors -in -interest and assigns of the Parties. 11.11 Construction of Agreement. All language in all parts of this Agreement shall be construed as a whole and given its fair meaning. The captions of the paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. This Agreement is not intended to impermissibly contract away the legislative and governmental functions of the City, and in particular, the City's police powers or to surrender or abrole the City's governmental powers over the Property. 11.12 Authority o Execute. The person executing this Agreement on behalf of Ford wan -ants and represents that he/she has the authority to do so and the authority to bind Ford to the performance of Ford's obligations under this Agreement. 11.13 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shall not unreasonably be withheld. 11.14 Effect on Title. This Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated. 11.15 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Orange County no later than ten (10) days after the Effective Date. The recordation of this Agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Government Code Section 65868.5 does not make the Agreement void or ineffective. 11.16 Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any Default, to enforce any provision of this 062$96-1058 r F31331�OM r 15n4.22 • 23 �� • Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California, or in the Federal District Court in the Central District of California. 11.17 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses, and disbursements in connection with such action. 11.18 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement or to any provision of this Agreement, including the public benefit provisions of Section 5. Date: , 1996 CITY OF NEWPORT BEACH By: Mayor • Date: , 1996 PACIFIC BAY HOhIES In 0 0625961058 / F31331 -M ! 15774.n 24 3, 0 a RESOLUTION NO. 96 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • NEWPORT BEACH APPROVING AN AMENDMENT TO THE PLANNED COMMLTNTIY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE AERONUTRONIC FORD PLANNED COMMUNITY (ZONING AMENDMENT NO. 848) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and 'ATIEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City ofNewport Beach; and WHEREAS, the proposed revisions to the Planned Community District Regulations are consistent with the Newport Beach General Plan; and WHEREAS, the Planning Commission has held a public hearing and has recommended approval of the proposed amendment; and WHEREAS, the City Council has held a public hearing to consider the proposed amendment; and WHEREAS, All significant environmental concerns for the proposed project have been addressed in previously certified Emironmental Impact Report No. 153 (SCH #94011022), and the City of Newport Beach used that report for the project under consideration, and there are no additional reasonable altemative or mitigation measures that should be considered in conjunction with said project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve an amendment to the Aeronutronic Ford Planned Community District Regulations and Development Plan as attached hereto as Exhibit 1. ADOPTED THIS day of , 1996. MAYOR ATTEST: CITY CLERK Attachment: Exhibit 1: Aeronutronic Ford Planted Community District Regulations F:1wP511PLANNNGIICC-Rlyr CCVCC96070gaES.Ag.18DOC • 0 AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS Adopted September 9, 1979 Ordinance No. 1807 Amendment No. 542; Amended March 9, 1981 Resolution No. 9986 Amendment No. 559; Amended October 13, 1981 Resolution No. 11064 Amendment No. 564; Amended September 28, 1983 Resolution No. 1104 Amendment No. 591; Amended July 10, 1995 Resolution No. 95-89 Amendment No. 800 0 067596-1108 f F31331-003/ 44925.39 0 TABLE OF CONTENT'S • INTRODUCTION I SECTION I - STATISTICAL ANALYSIS 32 SECTION II - GENERAL 4.3 SECTION III - GENERAL NOTES -54 SECTION IV - DEFINITIONS 7 6 SECTION V - ATTACHED RESIDENTIALIAREAS 1, 6, 7 87 Sub-Settion A Uses Permitted 81 Sub -Section B Uses Beyelopmented Development Standards 97 SECTION VI - ATTACHED RESIDENTIALIAREA 8 4410 Sub -Section A Uses Permitted 44:10 Sub -Section B Uses Permitted Subject To A Use Permit 44-1.0 Sub -Section C Development Standards 44. 0 SECTION VII - DETACHED RESIDENTIAIJAREA 2 4413 • Sub -Section A Uses Pennitted 44. Sub -Section B Development Standards 44; SECTION VIII - CUSTOM IAT, RESIDENTIALIAREA 5 i-7 15 Sub -Section A Uses Pennitted 44 7$ Sub -Section B Development Standards 44 IS SECTION IX - ATTACHED/DETACHED RHSIDENFIAIJPir�h'Iv°IIdG AREA 4 :;; ' ,Y7 St&Section A Definitions . - 17 Sob -Section B Statisficai Analysis 19 Sub -Section C Uses Permnmtted 14 Sub-Seodon D Development Standards 20 Subsection E Site Plan Remnew , SECTION X`. CONfMLJiTrrY':RECREATiONALFA['� � 28 Sub -Section. A Uses Pernutted Site Plan Re%ie.-. 20 06269611081 F3133I-= / "423.29 • 3`� Sub -Section B Development Standards SECTION X9 M - SIGNS/RE.SIDENTIAL AREAS 1,2,4,5,6,7,8 Sub -Section A Permanent Signs Sub -Section B Temporary Signs • 0 06_596-11087 F3133 I�OM144M.19 3428 3-5 29 3529 3529 P 0 0 INTRODUCTION • The Aeronummic Ford (Planned Community) District for the City of Newport Beach is in conformance with the Newport Beach General Plan. The purpose of tlas these Planned Community (PC) District Regulations is to pfevide €er esiabbsli the zoning classification and development of standards for the subject property 062396-1108 1 F3]331-=1 44925.25 I 3� 0 • 0 0 SECTION I - STATISTICAL ANALYSIS FOR PLA\i' ENIG AREAS Is 21 5, 6, 7, & 8 Note: the Statistical Analysis for Pluming Area 4 and its Subareas is sed forrh in Semon IJP Gross F.%f Buildable NT2%imum T.ype Area Acres Net Acres Acres DL Planning Areas 1 18.6 16.2 12.3 50 2 18.6 17.5 12.7 54 5 33.0 26.0 17.3 48 6 15.1 14.4 10.4 54 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 114.3 101.6 72.8 430 Planning Area Building Footprint PERCENTAGE OF SITE COVERAGE 1, 2, 5, 6, 7 14.6% Parking Areas Landscape and Pedestrian Circulation Streets Perimeter Open Space 062596.110a 1 F31331-WZ r usn.2s 21.7 c 63.7 c i] 8 28.0 t 5.04 27.04 31.5 4 8.5 cc 9 P 0 SECTION H - GENERAL • Location The Aeronutronic Ford Planned Community encompasses 215.2 gross acres in the City of Newport Beach. The community is bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south, and Jamboree Road on the west. Existing Zoning The existing zoning is designated PC (Planned Community). The development standards set forth herein will provide for the development of the subject property. Land Uses The Aeronutronic Ford Planned Community is previously was designated for residential development and for the ezp:`sion of Research and Development uses of the existing Ford Aerospace and Communication Corporation. As a result of the most recent amendments to these Regulations, the Planned Com unity now provides entirely for residential and ancillary, uses. Public Recreation The City of Newport Beach Pari: Standards will be met by in -lieu fees. • Private Recreation Four (4) private recreational arms totaling 1.2 acres will be located within the fesideflEw am" Planning At* 1, 2, 5, 6, 7 and S. Facilities included in these private recreational areas will include a minimum of four (4) swimtriag pools, four (4) jacuzzis and associated recreational buildings. Private recreational facilities, open and/or structured, within the development boundaries shall be maintained and operated by the Community Associations. Additional 066 -or more addirkxW private recreation areas allowed in Planning Area 4. 06259611081 F31331 -M 1 "929.29 • 3 3� 0 0 • SECTION III - GENERAL NOTES Nater Service Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage, Disposal Sewage disposal service facilities to the Planned Community will be provided by the City of Newport Beach, Orange County Sanitation District No. 5, or Irvine Ranch Water District, as per agreement (May 14, 1980). 3. Flood Protection De%elopment of the subject property will be undertaken in accordance with the flood prot�ction policies and requirements of the City of Newport Beach. 4. Grading Grading and erosion control shall be carried out in accordance with the provisions of the • City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Zoning Ordinance Compliance Except as otherwise stated in these Regulations or'i Development Agreement for, Planning Area 4, the requirements of the Newport Beach Zoning Ordinance shall apply. 6. Building Code Compliance The contents of this text notwithstanding, all construction within the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto. 7. Parking Lot Lighting All new parking lot lighting shall be subject to the review and approval of the Planning Director. 0625961108! F1331-002144975.29 4 3°' • 0 8. ArrhaeoloAcaMeontolodcal Resoutres • Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 9. Public Health and Safety Requirements (Planning Area 41 The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final E R No. 153 for Planning Area 4. l0 Developn= Agreement (Planting Area 41 During 66"A'=' of anv,,Devatopment; Agreement applicable to Ptannwg .Area 4, :the provisions of'tl= Development nances, Agreement. shall determine the ordiYesoluttons; policies, and other local laws applicable.. to the development of Planning Area:4. Where there is an. m' omsisteacy between the terms of these Regulations and the .De%-eiopment k-mement . Aa ,._the terms of the Development Agreement shall presaii. L 06259611081 F3J 331-=1 "9U.29 5 �� 0 SECTION N - DEFINITIONS The following definitions shall apply to the development of all Planning Areas except Planning Area 4 of the Aeronutronic Fond Planned Community. Definitions for Planning Area 4 are contained in Section IX. Gross Acreage shall mean the. entire site area within the project boundary plus the centerline of the perimeter streets excluding MacArthur Boulevard, in which case the boundary line extends to the existing right of way line which is the Newport Beach City boundary. This acreage is the area within the boundaries of the Tentative Subdivision Map. Parcel Map Net Area shall mean the entire arra within the project boundary excluding previously dedicated perimeter streets. 3. Buildable Acreage shall mean the entire site area within the project boundary excluding streets, park dedication, areas with existing natural slopes greater than 2:1, and natural flood plains. 4. Cluster Unit Development shall mean a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites where the yards and open spaces are combined into mon; desirable arrangements or open spaces and where the individual sites may have less than the required average for the district but the density of the overall development meets the required standard. 5. Conventional Subdivision on a Planned Community Concept shall mean a conventional subdivision of detached dwellings and their accessory structures on individual lots where the lot size may be less than the required average for the district but where the density for the entire subdivision meets the required standards and where open space areas are provided for the enhancement and utilization of the overall development. • 06259&1108 I F31331 -M/44425.29 6 a1 0 0 SECTION V - ATTACHED RESIDENTIAL/AREA 11 6, 7 These areas ace intended to provide residential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Definitions. 4. Custom Lots. 5. Condominium/Townhomes. 6. Temporary model complex and appurtenant uses. 7. Community Recreational facilities. • 8. Signs (as provided in Section XI of this Planned Community Text). 9. Security Gates and/or Guard Houses. • B. Development Standards 1. Maximum Height Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other than garages adjacent to public sheets; except that balconies and patios may encroach six (6) feet into the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (21/2) feet into the required setback from a public stmt. Setbacks shall be measured from the ultimate right-of-way line. 05:.59&11081 F31331 -OW 144925.29 • 7 �� • 3. Setbacks from Other Property Lines and Structures a. A minimum front yard setback of five (5) feet shall be required. This setback shall be measured from the back of curb or in the event that sidewalks are constructed, from back of sidewalk. b. All main residential structures shall be a minimum of eight feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven () feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. 4. Fences. Hedees and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right- of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the coveted arra. 0 062596.1108/ F31331.002/ 43975.29 a3 :.1 I • 9 Architectural Features Architectural features, such as but not limited to cornices, eaves. and wing walls may extend two and one-half (21/2) feet into any front. side or rear }ani setback. A minimum of 3.0 parking spaces per unit shall be required. One of the required spaces may be permitted on the driveway of the residence, providing that said driveway has a minimum depth of twenty (20) feet or eighteen (18) feet with roll -up or other type garage doors approved by the City Traffic Engineer, measured from back of curio, or in the event that sidewalks are constructed, from back of sidewalk. In addition to driveway parking spaces, a minimum of 0.5 guest parking spaces may be provided on -street or in the bays, and their location shall be reviewed and approved by the Planning Director and the City Traffic Engineer. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community. site coverage shall include all areas under foot but shall not include trellis areas. 0625961106! (313314W 141925.29 9 • • • A� 0 0 • SECTION VI - ATTACHED RESIDENTIAL/AREA 8 These areas are intended to provide residential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments, as defined in Section N. Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section rV, Definitions. 4. Custom Lots. 5. Temporary model complex and appunenant uses. 6. Community Recreatioml facilities. 7. Signs (as provided in Section XI of this Planted Community Text). 8. Security Gates and/or Guard Houses. B. Uses Permitted Subiect To A Use Permit 1. Condominium and toFrhome dwellines. C. Development Standards • 1. Maximum Height L.im:s a. All buildings shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set forth in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Sleets A minimum setback of 15 feet shall apply to all structures other than garages adjacent to public stre`.s: except that balconies and patios may encroach six (6) feet into the required seda:i-. Architectural features such as but not limited to cornices. eaves, and wingwalls may extend two and one -b<.7 (21h) feet into the required setback from a public street. Setbacks shall be mmcured from the ultimate right -of --way line. 3. Setbacks from Other P.:gl2g v Lines and Structure a. A minimum fist story front ward setback of five (5) feet shall be required. This setback smell be measured from the back of curb or in the event that • 0625961108/ F31331-002141925.29 10 �� 0 0 sidewalks are constructed, from back of sidewalk. The second story front may be constructed adjacent to the back of curb or in the event that sidewalks are constructed, adjacent to back of sidewalk. b. All main residential structures shall be a minimum of eight (8) feet apart. This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished wall. d. Two car garages with direct access shall be setback from five (5) to seven () feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed. from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that the sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be comtnrcted may be eight (8) feet in height. At stmt intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right- of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the tight -of -way lines prolonged. 5. Trellis Open trellis and beam construction shall be pemtitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis area shall not be considered in calculating lot area coverage: however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 0625961108 7 F31331-002141925.79 11 • a� 9 0 • 6. Architectural Features Architectural features, such as but not limited to cornices. eaves, and wing walls may extend two and one-half (21/2) feet into any front, side or rear yard setback. 7. Parkin A minimum of 2.0 parking spaces per unit shall be requited. Guest parking shall be cluster with a minimum of two spaces per cluster. 8. Maximum Site Area Coverage The maximum site coverage permitted shall be fifty (50) percent of the net site area. For purposes of this Planned Community, site coverage shall include all area under foot but shall not include trellis areas. 9. Affordable Housing The developer will provide 25 per cent of all units above 38 as moderate priced for sale units as defined by the City's Housing Element. All in -lieu park fees, traffic improvement fees and noise wall fees for the affordable units and the previously approved 38 units will be waived. • • 0625961108! F31331 -M / 44925.39 12 0 SECTION VII • DETACHED RESIDENTIAL/AREA.2 0 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single family dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section N, Definitions. 3. Custom Lots. 4. Community recreational facilities. 5. Security gates and/or guard houses. 6. Temporary model complex and appurtenant uses. B. Development Standards 1. Minimum Lot Size. The minimum lot size permitted shall be 6,000 sq.ft. 2. Maximum Building Height. All buildings in Auras 2 & 8 shall not exceed a maximum ridge height of 37 feet or an average height of 32 feet. 3. Setbacks • The following setbacks shall apply to all structures excluding garden walls or fences. a. Front Yard A minimum setback of five (5) feet for the garage and a minimum of ten (10) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. The Planning Director may approve a zero side yard concept provided that a total of ten (10) fest be provided on the opposite side yard. A zero side yard concept will not be allowed under a custom lot program. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that 06259&110a t F3133I-W21 U925.29 • 13 y C� 0 0 • sidewalks are constructed. from back of sidewalk shall be permitted with tell -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on garages shall be maintained. 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right-of-way lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. 5. Trellis Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis • areas shall not exceed 25 percent of the remaining open space of a developed tot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. • Parking for residential uses shall be in the form of not less than three (3) parlang spaces per dwelling unit. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. S. Architectural Features Architectural features. such as but not limited to cornices, eaves, and wing walls may extend two and one half (21h) feet into any front, side or rear yard setback. 06259&1108 r F3133I-0W21 /4923.39 14 a 0 0 SECTION VIII - CUSTOM LOT RESIDENTIAL/AREA 5 • This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section 1V, Definitions. 3. Custom Lot. 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Courts. B. Development Standards Minimum Lot Size. The minimum lot size permiued shall be 9,000 sq.ft. 2. Maximum Building Height. All buildings in Areas 5 & 8 shall not exceed a maximum ridge height of 3" feet or an average height of 32 feet. 3. Setbacks • The following setbacks shall apply to all structures excluding garden walls c: fences. a. Front Yard A minimum setback of twenty (20) feat for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet. C. Rear Yard A minimum of ten (10) feet shall be maintained for the tear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven () feet average or a minimum average of twenty (20) feet measured firm back of curb, or in the event that sidewalks are constructed from back of sdewalk. A minimum of eighteen (I8) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted -- ith roll -up or other type garage doors approved by the City Traffic Engineer. additional garage spaces need not meet the above criteria. A minimum of five 15) feet for side -on garages shall be maintained. 0625964 109 1 F313314M 144925.19 0 15 Sa • 4. Fences. Hedges and Walls Fences, with the exception of tennis courts, shall be limned to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. Ar street intersections, no such appurtenance shall exceed two (2) feet in height measures from curb height within the triangle bounded by the right-of-way lines and a connecting fine drawn between points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. 5. Trellis Open trellis and beam construction shall be permitted to arrach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear property lines. In side yards, the maximum height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot area coverage; however, trellis areas shall not exceed 25 percent of the remaining open space of a developed lot. Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area. 6. Parking Puking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit. 7. Maximum Site Area Coverage The maximum site area coverage for any residential lot shall be 60 percent of such lot. 8. Architectural Features Architectural features, such as but not limited to cornices. eaves, and wing walls may extend two and one half (21/x) feet into any front, side or nor yard setback. 9. Tennis Courts Tennis courts are allowed and may be within 3' of the roar and side property lines. The courts are pemtitted fencing up to 12' in height. The courts lighting shall use 27' max height, square tubular and painted posts with 1000 watts metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along MacArthur Boule,.ard. All tennis court • lighting shall be subject to a use permit. 062596-11081 F31331 -002144M.29 16 9 a 0 SECTION IX - ATTACHED I DETACHED RESIDENTIAL I': • PLANNING AREA A. DEFINMONS-7be following derhibions aRoy to Planning Area 4 onlya resets to a drive. including those owned aitdlor iraintatrmed by,sa ruvides front, side commurut)r,,a�tiqn, which p orrearaccess_to one or more ... ...... .... resid, i", lots An AcDri%,v is = a Private Street as that tervulswithhi these .. .. ..... Itegutauos ivays on a rmk1!i-.W lot are not Access Dawes: Ai,OPH'ni J� . Drive' refers to an A 1ifi%Twh1Cb1sd6s1jWas1bi licipad means- , I of a , cccessoto. 1. a .. r . e . sideritial IcL A,41t Drive" refers to 2n Access Drive whic vr(MiE access to a re6.-ential I e� 14:liiromll ft % , z rear e , ar of the lot_ 2. Cluster Development" ,Vnit. , vel pment" refa-s to a combination or iia gerncnr of. itta.-hed or detached dwellings and their aoca:�-n structures on contiguous or related builffinm sites open spaces and px&'vrithin a Planning Area or.Suba-= are c6mbined into more desimble an-angements, greenbelts,or open spaces and • indlividial residential lots have less square footage than the inquired nimi'murn lot • s1z"6" ib e, th Planning u,_ -a or Subarea, but the number of residential units permitted Within the Pk= -*n. -g AreaUT Subarea does not excoed the'MTMUM I number . of units for that Plmmimg Area or Subarea* shown . in Stpm*cid .. ..... .. ... . . . .. ....... ..... . ... Anil * . I 'Ysis : � 3. "Conventional Subdivision on a Y=ted Community Concept' . refers to a com-t.-tional subdivision of detached dyvilin-gs and their accessory structures on individual lots wherv. • ............................ . lots may be 1 than the mquiro I thb,lot , f some indi%-;C�_31 residential the lot .. �s= 0 min6um f6f the Planning- Area or Subarea, but the average w size for 91 residential lots whhin the Planning. Area or Subana equals 017:"exceads the trxlliired n1juluinlim lot SiM and meat ot u ..open. space areas are jpmi3ed forthe enliiirx,� .. . ....... . ­­ ­­ . ­­ . ... qovelopment: 0 0 . S. "Lot Siiie", w*rs to the total square footage of a residential kx. The boundaries used to determine the lot size of a residential lot shall be those set forth oa the subdivision map. 16 square faxaCge of a residential lot shall be deemed to include those abutting areas extending to the center line of adjoinirt; Access Drives, even where the Access Drive is shown as a: seQarate lot under common ownership.. 0 0673%-1103 1 F31331 -M f 44925.29 *' Tai iimnber of acres reflected - %dz s.cokunit represents the iuuzmum that can be rnduded within any specific Subarea ;Subarea boundaries are lwended to be fle ble„within the mawntan acreagesidendf-& Note: 77ie stat ku set forth fir Pk Tog Area 4 and its Subareas are intended to protide f lexibi&ty for allocation of residenaal units between the Subareas and to reflect' minor ailfustmeras of Subarea bow u odes on subdivision maps recorded as developmm progresses 7fte Maxinuim DU” cakcnn • refects a inaxtmum 'tuunber of 450 residetmal wars for Residential Brea 4, even thwugh the Mn of tha a.'Jadmwn Di70for the inf dw Subareas is much greater thou 45© 7itis altoxs for eA ility in assigning wuts x ;'htn the Subareas while maintaining an overall capon the total numberof waits allburd issthin Area, 06259&11081 F313314M I U%5.29 19 5 • • B. Sratistu l Anab--mL for Punning Area 4 • Maximum Grass : ' hfaximum SubareasDU Agn 4A 33 286 413 ,19 �87 4C 12 40 4D 26 i19 :100.5*. • 4501saz *' Tai iimnber of acres reflected - %dz s.cokunit represents the iuuzmum that can be rnduded within any specific Subarea ;Subarea boundaries are lwended to be fle ble„within the mawntan acreagesidendf-& Note: 77ie stat ku set forth fir Pk Tog Area 4 and its Subareas are intended to protide f lexibi&ty for allocation of residenaal units between the Subareas and to reflect' minor ailfustmeras of Subarea bow u odes on subdivision maps recorded as developmm progresses 7fte Maxinuim DU” cakcnn • refects a inaxtmum 'tuunber of 450 residetmal wars for Residential Brea 4, even thwugh the Mn of tha a.'Jadmwn Di70for the inf dw Subareas is much greater thou 45© 7itis altoxs for eA ility in assigning wuts x ;'htn the Subareas while maintaining an overall capon the total numberof waits allburd issthin Area, 06259&11081 F313314M I U%5.29 19 5 • • C. Lyses Pei witted Planning Area. 4 is intended to provide residential housing and related community facilities. Single-family detached subdivisions, subject to approval of a Parking Plan (see Section C C.M) and landscaping Plan, if required (see Section C --M C..13). 2. Custom lot sales and custom homes. 3. Temporary model complexes and appurtenant uses. 4. Signs (as provided in Section XI of this Planned Community Text). S. Tennis couru, subject to the provisions of Section -Ia.G. 10. MC I1 6. Cotnmunity'recreational facilities, sulryect to the provisions of Secxioti X: 7. Uses Permitted Subject to Site Plan Review (see Seems Section fi) a in Subarea 4A only,singe-family attached subdivisions. b Irt Suba= 4A, Cluster Unit Developments c lif Subareas 4,4, 413; 4C, and 4E;'.Conventional Subdivisions on a Planned Community Concepast, _ w.a.._w in .S _ FV : d. Entry guard houses and gates.• D. Development Standards Minimum Lot Size Other than for Cluster Unit Developments: and Conventional Subdivisions on :a Planned CommututyCot>ce�bere pemtitted subject to site plan inview), the minimum lot sizes shall pt (a be: a. ._Sibaiea 4A: The ff4rAmufn le4si2epeffnitted shaR 3,000 square fent. b Subareas 4S 4C; and 4E. 6,000 square Jrbe 05:5 96 1108 1 F31331 -OM 144925.29 20 2. 3 0 0 Maximum Height Limits a. All buildings in Subareas 4A$ 413, 4D, and 4H shall not exceed a maximum ridge height of 37 feet, with an average roof height not to exceed 32 feet. b. All buildings in area 4C shall not exceed a maximum ridge height of twenty- eight (28) feet, with the average height not to exceed twenty-seven (27) feet. C. Chimneys and vents shall be permitted as set forth in the Municipal Code. Setbacks from Public Streets (i.e., Jamboree Road and Ford Road) A minimum setback of fifteen (15) feet shall apply to all structures other than garwA adjacent to public streets; except that balconies and patios may encroach six (6) feet in the required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (21/2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. 4. Setbacks from Other RcgINM Lines and Structures • Except a I s oth I eilwi§e ... established through the City's standard-1,lodification . 'process, . 1. - . . . I . - . ... . .... 1 .1 .. . . . ...... setback 66ni firi d.strucarras slxli.be.� 1. . 1. .. 1. 1—, PtPer Pr.(T'5`tY ... es ap,". a.:' F ni, Ii Bahama 4Aj.a . minimum front yard setback of five (5) feet shall be required. b. Side yard. Side yard setbacks shall be a minimum of five (5) thmugh Site Plan Review appreyel_..�. Ibd I fence Is". riot relevant lo, tfie�':-calculation ofthe side yard;.111, properties i ay 6e:ft'subiectO easements which atlow,fences Yo 1 062596-11081 F31331 -=144W.29 21 0 • Side yard setbacks for garages located primarily in the rear half of a lot shall be a muumum of three (3) feet for the first floor of the stricture and five () feet for the: second floor. Where garages are located in the rear of a left in order to access a Rear Access Drive,.no side yard setback shall: be required between ..:.. . garages'on,adjoining lots • C. Rear yard. A%ere prepeivy lines ue efemed, a minimum ten (10) .. yard setback shall be required. Beelfs and Weenies gFeater than 18" abe�e gmde ear Access Drive ;i For 'a stogy structure`on a ri�iderinal lot idjours a RearAccea DnvejIie average setback (uicluding a lower which complies with Paragraph flieioe) shall be uo less than foI.ur For lcs accessed by a Reis Access Drive, .rear'yard setbacks shall be measured from (i) the flow lice of a rolled curb or (u) :the back 'gf a standard crrib, as apphcabie ;;; For lots accessed by a Rear Access Drive, setbacks shall be detennried by }?ara$TaPit 4f,(764arages") below; d. Structural senaration. For detached units, all main residential structures shall be a minimum of six (6) feet apart measured from face of finished wall to face of finished wall. e. Detached garage separation. Detached garages shall be separated from main residential structures a minimum of six (6) feet measured from face of finished wall to face of fmishc,,d wall. f. Garages. Garages shall be set back from three (3) to seven () feet, or a minimum of twenty (20) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. A minimum of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other garage door types approved by the City Traffic Engineer. 062596-11091 F31331.OM 144923.29 22 r�� 0 Side -entry garages shall maintain a minimum front setback of five (5) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. 0 9- Architectural features. Architectural features such as, but not limited to, cornices, eaves, and wingwalls may extend two and one-half (21h) feet into any front, side or rear yard setback, provided that such architectural features shall not project any closer than two (2) feet from any property line. h. Fireplaces and chimneys. Placement of fireplaces and chimneys shall comply with the requirements of the Zoning Code. Through ks reduced .7, i6r , the City's :.stands hl.li bdification-procem _4e*acMay ... realiocatrd besv.6en..adjoining pO*fies to acoommodaw design techniqaes which wW maximize the usePy spaces ate aces.,-VVIthout creatho uades�ble spatial g 'i:.. betweEi structures on adjoining es'. 5. Fences, Hedzes and Walls Fences shall be limited to a maximum height of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six 6) feet. Wing walls, where an extension of a residential or accessory structure is to be constructed may be eight (8) feet in height. At s6�64treet intersections, no such appurtenance shall • exceed two (2) feet in height measufed ffam ewb-height if it isIocated within the triangle beended 6y the Fight of way fines and-&rmad.by (i) the intersecting lines located five feet behind 'and O&rallel.to. he curb of each of the mtersectiin:g' . streets and (U) 6k es C a connecting line drawn between those points of these intersecting 'Ion thirty (30) feet distant from the intersectio s n .:. o . f the . f iglit of waw ira=ectinglines. At stns -to- Access Dnive. IT' such:..appurtenance shall exceed two (2) feet in height measuied firmn cribheight lgriNn the triangle bounded by ft face .of dub lines and a connectingliit cl�awn between. . pts� ointwenty (20) feet dLq= from dia intersection of the p . e . .6f curb ' I . Irmes . .. ... . .. .. .... 6. Trellises Open trellis and beam construction shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three: (3) feet of the side or rear property line. In side yards, the maximum height shall be eight (8) fm. ten. tIO? M. . ......... ... ........ ;R - - ------------ 062596-11081 M331.OW 144925.29 23 0 5% 7. Private Street. Rear Access Drive, and Flag Lot Driveway Standards F;tiviks-- and .... treets Acc= Drives within residential development shall be a minimum of ..... ..... a.. 6 f in width with parking allowed on li&W dk ed .......... ... .... ..... . b. Thirty-two (32) feet in width with parking allowed on one side; and Twenty (20) feet f '41 Drives; including Flag Lot Driveways; , or Prim, . •Access Dri serving no more than 4 dwelling units. d. Sixteen (lb) feed for Primary. Access Drives, including Flag Lot Driv-eways, seining ),ing nq more than 2 dwelling units. .... d-. Pnmary Access Drives of 20 or 16 feet as provided for -ibe above shall be increased to a minimum width of 26 feet if serving a common parking area. LWess edierwise defined in Otis te3n, pfivaie seem shall be designed in eamplitanee 8. Site Distance Requirements Residential development shall be designed to provide adequate sight distance (25 MPH), at the intersection of all private streets and drives Pnmazy Access Drives, and along curves unless otherwise approved by the City Traffic Engineer. • C62596-1109 I F31331 -M 144925.29 24 0 9. Parking PI • Each tentative subdivision map that would create legal building sites shall be accompanied by a parking plan demonstrating compliance with the following standards: a. Single-FamilyDetached Parldng Requirements A minimum of two (2) garage parking spaces shall be provided per detached dare[ling unit In addition, guest parking shall be provided within the development at a minimum rate of two (2) spaces per unit Guest parldng may be provided on street, in parking bays, or on driveway-epnens eii veways (minimum 20 feet in depth) or 18 feet where roll up garage' ,doors ate pm�ided), in a manner acceptable to the City Traffic Engineer. A maximum of one of the guest spaces may be provided on the driveway. A reduction in the guest parting requirement may be considered subject to approval of a finding by the Planning Commission that the reduced parking ratio will not cause an adverse impact on the communirv. b. Condominiums and Townhomes Dweflin; Atia--.Wdwelling units less chart or equal to 1500 square feet shall ...... provide a minimum of 2 parking spaces per unit, including one covered space. In addition, guest parking shall be provided at a minimum rate of 0.5 space per unit. Guest parking may be provided on street. in parking bays, or on fey spans driveways (minimum 20 feet in depth or 18 feet where roll up garage doors are ptovidead), in a manner acceptable to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. DweLting Atm W dweUiiig units greater than 1500 square feet shall provide a minimum of 2 covered spaces per unit. In addition, guest parking shall be provided at a minimum rate of one (1) space per unit. Guest parking may be provided on street, in parking bays, or on Fans driveways. (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner able to the City Traffic Engineer. A maximum of fifty percent (50%) of the guest spaces may be provided on driveways. C. Mariana Space Placement and Dimensions Subject to the pnnons of a)3evelopment, Agreement for Planning 4iiea 4, the : size and placement of all parking spaces and areas shall be as specified by the residential parting standards contained in the A'eRport Beach Municipal Code, Standard Plans 805 -L-A and 805 -L -B, and Council Policy L-2 unless otherwise approved by the City Traffic Engineer. 05259&1108 1 F3133 I-= 1 31975.7.9 • 25 0 0 • 10. Maximum Site Area Coverage The building footprints of residences and garage shall not of er moire Than sixty percent (60%) of the area,.: included within the 'Lot Size " Foz purposes of these Regulations, trellis ateas, temporary structure& patio covers, cq e patios, and similar aocrQary structures shall not be considered , in the caiarlation of site arra covefage. 11. Tennis Courts Tennis courts are allowed and may be within three feet (3') of the rear and side property lines. The courts are permitted fencing up to 12' in height. The courts' lighting shall use 27' max height, square tubular and painted posts with 1,000 watt metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such a way as to .,event light from shining directly on the adjacent residential properties and to insure _'at the lighting does not adversely affect night vehicular traffic along Jamboree Road or Ford Road. All tennis court lighting shall be subject to a use permit. 12. Land=ing Plan Each tentative subdivision map that would create legal building sites and which contains • a common area abutting an existing residential development outside Planning Area 4 shall be accompanied by a landscaping plan for that common area, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be rained; and indicating the amount, type, and location of landscaped arras. planting beds L-A plant materials with adequate provisions for irrigation . The plan shall be designed v as to create a suitable buffer between the existing residential area and the new -velopment. E. Site Flan Review Site Ran. Review may be requited ouily fora landonroerpmpasal which consists of or includes: a ClO## Unit Development or. • a Conveatmona[ Subdivision on a Planned Community Concept or a mod catton.of.specrfrc development standards contained in Sections D9. D10, and D12 of these re ons_ 1. Pur .� The purpose of this section is to establish a Site Plan Review procedure to ensure that tP project conforms to the objectives of the General Plan as well as the requirements :--A development standards contained in these Plumed Gammufay Disaiet Re."Mens. 0 06259611081 F:-7-002 1 46925.24 26 0 9 Regulations. The Site Plan Review shall take into consideration all provisions of,any • Dereloprnent Agreement for Planning Area 4. 2. Findings The Site Plan Review procedures contained in this section are intended to promote the health, safety and general welfare of the community according to the Site Plan Review Findings set forth in the Zoning Code. When required. Site Plan Review approval shall be obtained prior to or concurrent with the approval of any tentative subdivision map that would create legal residential building sites, or prior to issuance of a building permit for non-residential structures (e.g., recreation facilities and entry guard gates). 4. Plans and Dia -rams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: a Plot plan. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street parking, landscaped arras, signs, fences • and sidewalks. The plot plan shall show the lozation of entrances and exits, and the direction of traffic flow into and out of off-street parking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how ufilityPtifidei, and drainage are to be provided. b. Lands= plan. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. C. Grading plan. A grading plan to ensure development properly related to the site and to surrounding properties and structures. d. Exterior lion htinz. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship to adjacent streets and properties. e. Pari ins>!21 . A parking plan demonstrating compliance with the requirements contained in Section 6-9 C10, above. • 062596-1109 1 ea1531.w2 r 44925.29 27 \",;L 0 0 • f. Noise attenuation. For subdivisions abutting Jamboree Road or Ford Road evidence demonstrating compliance with applicable noise attenuation requirements. g. Any other plans, diagrams, drawings or additional information determined by the Planning Director to be necessary to adequately consider the proposed development and to determine compliance with applicable policies and standards. 5. Appthcation Fees The applicant shall pay a -fee as the standard C ywtde Sste Plan Re 7ew fee established by Resolution of the City Council with each application for Site Plan Review tio. 6. Notice and Hearing Procedures. Procedures regarding public hearing notification and Planning Commission and City Council actions shall be as provided for Site Plan Review in the Zoning Code. E. 'Modification Process A mod�tion of specific development standards cotitamed rrr Secaons.D3, N. D5, and D6 maybe obtained through the City's standard hlodtfication process.. ....... • G. Subdivision M.ip Process f� nrodificafnoo of specific development standards contained in Sections D1 and D7 may be obtained through the City's standard subdivision map approval process pursuant to the California Subdivision Mw Act and applicable City o ilinances A. PC Test Amendments A modification, of specific development standards contacted in Sections D2 and D11 may be obtained only through an amendment to these Planned. Community. Regulations. • 062596-1 IDS f F31331-002 144925.29 0 SECTION X - COMMUNITY REC—REA.UONAL. FAMMES • A. Uses Permitted Ptiv,ate'pa&,' playgrounds, re-crtition areas. recreation facilities :or open MW 466 and related haWes. in -4 and � cider6l" Accessory.bi 'W08 A� d relaled' MCI se-ncg Dl tenis., I Subject ,464use rr Pem rem tl M" and sdt�� .. ........ ...... i.... R"rd ,—.7q... food, bey --': . . .... B. Development Standards 1. Building Heigh The maximum building height shall be twenty eight (28 th4t e� (37) feet as defined by the Zoning Code. Towers or architectural features greater than twee t5 �,,fed but not exceeding sixty (60) feet in height may be permitted subject to approval of a Use Pennit. • 2. Building Setbacks Fifteen (15) feet minimum from any residential property be and ten (10) feet minimum from any street measured from back of curb, or from back of sidewalk where sidewalks are provided. 11 Bad* One parlding §0'aw shall very 2M square feet of'a':'st'ruc't'UM designed -U.As aclubhouse.or: meeting Pto the facilrtiei4naybe used to liflod.1bis 06269&11081 F31331 -OMI "92.29 • 29 c: • • 0 0 SECTION XI.- :REAS 1, 2, 4, 5, 6, 7, 8 A. B. Permanent Signs Miscellaneous DirectionalWotmational Signs DirectionallWormational Signs. such as but not limited to "right tum only", "exit", "entrance', "tennis courts", etc., shall be permitted. Said signs shall be kept to a minimum and shall be designed as a coordinated part of the overall project. Each sign shall not exceed ten (10) square feat of sign area. 2. Primajy Identification Signs One double-faced sign or two single -faced signs at the main enhances to each residential area shall be permitted. Said sign shall not exceed a height of four (4) feet above the erade or surface to which attached. nor shall said sign exceed an arra of thirty-five (35) square feet per face. Said sign may be internally or externally lighted. T.e information listed on the sign shall be limited to: a. Village name b. Project name C. Facilities identification Temporary Signs (Prior to and during constmction) Future Facility SiEn� A sign which informs the viewer. through graphic symbol and verbal reinforcements, of the type of facility planned for the site. (Sce�* A . For Piaiming Area 4, a minimum of two double -faces future facility signs ii�in be allowed One inav tace Jamboree Road and one may fa.— Ford Road. 2. Merchandising Sirens A sign which informs the viewer. through graphic symbol and verbal reinforcement, of the facility name, opening date, r% of occupancy, owner -developer, and phone number for sales information. For Planhmg Arra 4, a mininium of two double faxd merca signs will fie allowed '',One may fax jamboree Road and one'mav fax Ford!G ends ). 062596-1108) E31331 -M r 447!5.27 30 Nr • ! c�,ogr CITY OF NEWPORT BEACH Meeting Date: lune 20, 1996 PLAN�"ING%BUILDING DEPARTMENT Agenda Item No.: 8 33 o NEWPORT BOULEVARD Staff Person: Patricia L. Temple NEWPORT BEACH, CA 9-653(714) 644-3200 • (p4I 644,�w ., FAX (p4) 644-3;50 Council Review: automatic REPORT TO THE PLANNING COMMISSION PROJECT: Pacific Bay Homes 2300 Jamboree Road PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutronic Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes will reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. SUGGESTED Hold public hearing. .ACTION: If desired, adopt Resolutions No. and recommending approval of : • First Amendment to DevelopmentAgreement\o.8 • • Amendment No. 848 LEGAL DESCRIPTION: Parcel 4 as shown in Book 140, Pages 1 through 6 inclusive of Parcel Maps, records of Orange County, California. ZONE: PC (Aeronutronic Ford Planned Community) 0 N NER: I Same as applicant Points and Authorities • Environmental Compliance (Cali fomiaEnvironmental Quality Act) All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH '"94011022), and the City of Newport Beach intends to use that report for the project under consideration, and there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared EIR are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Ne- port Boulevard, Newport Beach, •California, 92663. C 0 VICINITY MAP FIRST AMENDMENT to DEVELOPMENT AGREEMENT No. 8= AMENDMENT No. 838 1 Subiect ProMyvand Surrounding Land Uses The subject property is the former site of the Ford Aeronutronic and Loral Aerospace research and development facilities, which have now been demolished. To the north are the residential communities of BayTidge and Belcourt. To the west is Jamboree Road, with the community of EastblufP beyond. To the • south is the Belcourt Hill development, Ford Road and the community of Big Canyon. To the east is the Belcourt development. FIRST A.%tE\DME\T TO DEVELOPMENT AGREEMENT NO. a AMENDMENT NO. 949 June 20, 1996 Page 2 i • Conformance with the General Plan and Zoning District The Land Use Element of the General Plan designates the site for Single Family Attached and S Detached Residential development, with an allocation of 500 dwelling units. The proposed project is consistent with the General Plan. The proposal includes amendments to the Planned Community District Regulations and Development Plan. • The procedures to amend a Development Agreement are contained in Section 15.45.060 of the Newport Beach Municipal Code. Section 20.51.045 of the Code contains the procedures to amend a Planned Community Development Plan. ANALYSIS Subsequent to the approval of the General Plan Amendment, Planned Community (PC) Amendment, Tentative Tract Map and Development Agreement for the Ford/Loral site, Ford Motor Land Development identified the builder'developer for the project. Pacific Bay Homes (formerly JM Developmem) immediately commenced discussions with City staff on changes to the original project approval. While generally in keeping with the concept of the original development, the new plan of all detached, single family dwellings necessitates changes to the Development Agreement and PC Text. It is important to note that these changes address the definitions and development standards contained in the Planned Community Development Plan under which the project is to be developed. The change of land use category to residential and the Environmental Impact Report • certification and miti gation program are not under consideration as pan of this action, other than the determination as to whether the changes to the zoning document would require changes to the mitigation program previously established. First amendment to Development AgreementNo.8 Minor changes to the development agreement adopted as part of the original approval are necessary to incorporate language recognizing the proposed changes to the Planned Community Development Plan. 'No changes to the substance of the agreement are proposed. The changes also recognize that Ford Motor Land has accomplished some of the requirements of the original Development Agreement. Those accomplishments are the Belcourt Terrace Landscape Screen Agreement and the participation in the Affordable Housing Task Team, which has been meeting over the last several months, and is in the process of issuing a Request for Proposals for the project. The Office of the City Attorney considers the proposed amendments to the development agreement to be minor and technical in nature, and has no objections to the proposed changes. FIRST AMENDMENT TO DE VELOPMEN7 AGREEMENT NO. 8 • AMENDMENT NO. 948 lune 20, 1996 Page 3 Amendment\o. III for the Acronutronic Ford Planned Community • The proposed amendments to the Planned Community District Regulations and Development Plan, while comprehensive in scope, do not substantially alter the intent of the original set of regulations. The chances are needed to accommodate the revised development plan. The important changes to the development are the realignment of the internal loop road resulting in an expansion of the land area within the "circle: and revisions to development standards to accommodate the new development concept of 100% single family dwellings. Pacific Bay Homes will be submitting a revised Tentative Tract Map reflecting these changes in the near future. The changes to the development plan fall into two categories, formatting changes and changes affecting the development standards. The changes are itemized on the chart attached to this report (Attachment 1) titled SU.11;lW Y OF KEY PROPOSED CHANGES TO AERONLTR0jVJC FORD PL4,VNED COMMUNITY DISTRICT REGUL4TIONS This chart is indexed to the redline/ strikeout text attached to this report (Attachment 2). Generally. the key chances to the text are as follows: • Format chances to incorporate all the definitions and development standards for the project area into a single section. • Addition of definitions needed as a result of the specific residential product types envisioned by • the new plan. These include alley loaded development. • Clarificationof the definitionsof Cluster Unit Development and Conventional Subdivisionon a Planned Community Concept. This is needed because both staff and the developer had difficulty interpretingthe original definitions. • Changes to the Statistical Analysis, including reducing the permitted number of dwelling units from 500 to 450. • Changes to the specific development standards. including: • Alteration to the uses permitted in the areas adjacent to Belcourt residences, implementing the agreements regarding lot size and configuration. • Changes to setback requirements to provide for greater architectural variation. • Simplifying the text for ease of use. • Establishment of administrative procedures for modifications to the development standards. The procedures proposed reflect approval processes contained in the zoning code. • • Clarification of the circumstances when Site Plan Review is required. FIRST AMENDMENT TO DEVELOPME 7 AGREE%IENT NO.8 AMENDMENT NO. 949 hne 20.19% Page 4 w Provisions for the establishment of limited food and beverage service in a community recreation facility serving residents and guests only, subject to the securing of a Use • Permit. This is requested because the current development plan envisions a large community facility which could accommodate social functions. Staff has worked closely with the applicant in revising the development standards. Staff has no objections to the proposed changes, as they are needed to accommodated the revised development plan of 100% single family dwellings, and will be more understandable and easier to interpret as the development moves forward. Conclusion and Specific Findings Chapter 15.45 of the Newport Beach Municipal Code allows for the amendment of a development agreement upon mutual consent of the parties to the agreement. The Office of the City Attorney and the Planning Department have reviewed the proposed changes to the agreement provsed by the applicant, and have no objections to the changes. No specific findings are set forth in the Municipal Code for the amendment of Planned Co-.munity District Regulations and Development Plans. It is the opinion of staff that the proposed P -C Text Amendments are consistent with the General Plan, and reinforce the concept of the original approval. Staff has also reviewed the previous certified Environmental Impact Report and is of the opinion that the changes to the development plan are adequately addressed by that docu=ent, and that no new impacts not previously identified will result from the changes and no new r_�:igation • measure are required. Should the Planning Commission desire to approve the project, draft resolutions recor.-mending approx al of the project to the City Council are attached. PLANNING DEPARTMENT Patricia L. Temple Director Attachments: 1. Summary of Key Proposed Changes to the Aeronutronic Ford Planned Community District Regulations 2. RedlinelstrikeoutPlanned Community Text 3. Revised Development Agreement No. 8 4. Letter from the Office of the City Attorney regarding amendment development agreement 5. Draft Resolution regarding the first amendment to Development AgreementNo. 8 6. Draft Resolution regarding Amendment No. 848 FIRST MiENDMEN'r TO DEVELOPMENT AGRMT-\-r No. 8 AMEND?OV7 WO. 849 r� 20. 1996 Page 5 �� • • • SUMMARY OF KEY PROPOSED CHANGES TO AERONUTRONIC FORD PLANNED COMMUNITY DISTRICT REGULATIONS [NOTE: THIS SUMMARY ADDRESSES ONLY KEY CHANGES. PLEASE SRR REDLINE FOR ALL SUBSTANTIVE CHANGES.] Page References are to the Draft with the Footer Reading "053196-15531x31331-002/44925.27." SUBJECT REFERENCE SUMMARY OF CHANGE FORMATTING CHANGES Introduction Page t Change: The Introduction has been updated to reflect the current status of the property, provide additional procedural background, and clarify the purpose of the PC Text. Reason: The Introduction had not previously been updated to reflect actual site conditions and the revised uses for the property. General Background Pages 3-4 Change: Clarifies that Planning Arca 4 is now designated for residential and ancillary purposes only. Sections Il and III Reason Prior text indicated that expansion of R&D uses was still a permitted use. Development Page 5 Change: References approval of DA. Indicates that terms of DA prevail. Agreement Section III Reason-. 'Thc existence or:% DA and its relationship to the PC 'Text should he made known Io a reader of the PC 'Text. Definitions Pages tl & 17 Chanj e: The Ill[linnions for IIIc pl'eviously developed Planning areas reirmin In Section IV, Definniotts for Spulions IV and IX Planning Aiva 4 ille 1'llnlaitird rwhely III S1'rnon I\, Reason: Tli definitions for Planning Area 4 have lien updated and clarified. It would not be appropriate, however, to change the definitions with respect to previously built out portions or the PC. Therefore, those definitions remain unchanged, but new definitions needed to govern Planning Area 4 are contained within Section IX. Additionally, by placing all information related to Planning Area 4 in a single section, the document becomes more "user friendly" for the public, City staff. and ford. J .ham 05.1196.155911%71111-142149176.6 IF 1 0 SUBJECT REFERENCE SUMMARY OF CHANGE Standards for Pages 17-27 Change: The development standards for all of Planting Area 4 are contained within a single section (Section Planning Arca 4 Section IX IX). Reason: Previously, development standards for Planning Arca 4 were set out in two separate sections. With only a few notable exceptions, the standards were identical for all subareas. This sometimes made it difficult to figure out where the standards were not identical. By placing all Subareas in the same section, distinctions in development standards between Subareas become readily apparent because they are seen "side-by-side.' For example, under "Development Standards" (Page 19, Section D) it is now easier to see the "Minimum Lot Sia;' distinctions between the Subareas. CIIANGrS AITrCTING DEVELOPMENT STANDARDS Definitions Access Drive Page 17 Change: Definitions for "Access Drive," "Primary Access Drive," and "Rear Access Drive" have been added. IX, A, l Reason: Product types anticipated utilize, in some cases, drives and alleyways for access to residential lots. Cluster Unit Page 17 Charge: 'I7tis definition has been modified ill clarify its meaning. Development IX, A. 2 Reason: As revised, it clarifies that in a Cluster Unit Development, individual lots have less square footage dean the required mininuu i. bill the toad number of units for the Planning Area remains within the allowable range. With the change to the definition of Conventional Subdivision on a Planned Community Concept, this clarifies the distinction between the two categories. Conventional Page 17 Change: The components of a Planned Community Concept are clarified. illlifllvistoll fill a IX, A. 7 Planned Community Benson: The prior definition was confusing and unclear. This clarifies that a i'C consists of sunle lots which Concept are smaller than the Il tininutlll, but Willi all average lot size Which mutts the minimum, Again, the alarlflcalion helps to distinguish the PC from a cluster. Statistical Analysis I.ot Size Page 18 Change. A definition for 'Lot Size" is added. To accommodate the Rear Access Drive product, this IX, A, 5 definition establishes that, for calculation purposes, Ibe Int extends to the centerline of the Access Drive, including where the Access Drive is held in common ownership for maintenance and liability reasons. Reason: Although there was previous reference to minimum lot sires, "lot size" was not defined. Due to the product types under consideration for this site, clarification of 'lot size" is needed. �I T OS)196-I.SS9 / FJf))!•OOJ /+x1746 • 2 171 0 • • SUBJECT REFERENCE SUMMARY OF CHANGE Maximum Gross Page 18 Change: A "maximum," rather than a precise and inflexible number of acres, has been identified for each Acres IX, A, 6 Subarea. Reason: Until maps are finalized. the acres included within each Subarea are not precisely known. To retain some flexibility, a maximum number of acres for each Subarea has been identified. Obviously, the total cannot exceed 100.5 acres which is the actual site acreage. Net Acres Page 18 Change: These categories have been deleted. Buildable Acres IX, B Site Coverage Reason: In the existing PC Text, precise statistics arc provided which would require a PC Text amendment if any future map or other approvals do riot precisely comply with those statistics. These figures will become known as development proceeds, particularly after tentative map approval. Statistical Analysis Page 19 Change: The Statistical Analysis for Planning Area 4 has been moved to Section IX. Statistics are provided IX, B only for proposed categories. Reason for Change: Previously, the Statistical Analysis for the entire Planned Community, including both Ford's Planning Arca 4 and the existing built out areas such as Belcourl, was contained at the from of the PC Tcxt. The statistics for built out areas appear to rctlect actual - as opposed to entitled - statistics. 'Those statistics arc not relevant to this Project and have been deleted from the formal. Additionally, by placing all information related to Planning Area 4 in a single section, the document becomes more "user friendly" for the public. City staff, and Ford. Maximum DU Page 19 Change: The maximum number of dwelling units for like project has leen reduced to 450. IX, 11 Reasorr: The product types now under consideration allow For a reduction in the ultimate number of homes to br built on the site. Rather Ucm ItIM11umiu the prior nmaxilinno, the Imwnflaf number of unit% hal been reduced to emphasize that the proposed PC 'Text aunendmcuts are designed to reduce potential density and cubance compatibility will% existing neighborhoods. Specific neveloprileilt Standards Uses Permitted Page 19-20 Change. Conventional Subdivisions on a Planned Community Concept are no longer allowed in Subarea D. Subject to Site Plan IX, C, 6c Review: PC Concept Reason: This reflects a reaffirmation of the conuniunenl to enhance the compatibility of Subarea D with adjoining Belcourt residents. W OJlJYM1-fsJ9 / F:1I.1.11-(q1 /lxf76.b 0 SUBJECT REFERENCE I SUMMARY OF CHANGE Minimum Lot Size Page 20 Change: Clarifies that minimum lot sizes do not directly apply to Clusters and PCS. IX, D, 1 Reason: Previously, the application of the rules to Clusters and PCS was unclear. This change brings the: text into compliance with the intent of the standards, as well as general practice regarding the application of minimum lot sires to Clusters and PCS. Subarea 4D Page 20 Change: Clusters and PCS are not permitted under any circumstances in Subarea 4D. IX, D, Ic Reason: Again, this reflects commitments made to Belcourt residents. Side Yard Setbacks Pages 21 Change: Greater variation provided for width and calculation of side yard setbacks. IX, D, 4b Reason: Allows for greater creativity and flexibility in Clusters and Access Drive products. Recognizes potential for detached and/or rear access garages. Garage Setbacks Page 22 Change: Provides standards for garages accessed by a Rear Access Drive at the rear of the lot. Requires, in IX. D, 4f all cases, a 26 -foot setback between garages on opposite sides of a Rear Access Drive. Reason: Standards were required to address detached garage and/or rear access situations. Easements Page 22 Change: Allows Site Plan Review for design techniques which preserve setbacks between structures, but which IX, D, 4 (following might use casements or other legal mechanisms to maximize use of individual lots. 4h) Reason: Allows developer to propose reciprocal or alternating easements, among other potential mechanisms, which would retain the required side yard setback, but allow for expansion of useable side yard areas. Calculation of Page 22 Change: Calculation method changed and provisions inserted to address Access Drive intersections. Pence, fledge, and IX, 1), 5 Wall sleight Reason: P.xicnds restriction to Access Drive hnersc'cnons. Simplifies calculations by deleting reference to right-of-way lines. Trellis Ilclgitl Palle 2.1 Change: Allowx ticlikm w be tem fere hilrh, tallici than eight. i IX, U, G Reason: Eight feet is too restrictive. The revised standard allows for eight feet of head room under the trellis. Private Street Pages 23 Change: Addresses all private street standards in a single section. Provides specific standards for Access Standards IX, D, 7 Drives. Allows for landscape pockets for parking turnouts. Reason: Simplifies text. Provides needed standards for Access Drives. Allows for more street landscaping in 75 -by -80 foot product. 05,9196-155 331 -(VZ 148176.6 . • 4 • • • • SUBJECT REFERENCE SUMMARY OF CHANGE Process for Project Page 27 Change: Specifics which development standard modifications require PC Text amendments, subdivision map Modifications IX, F, G, H amendments, and standard City modification process approval. Reason: These provisions supplement the discussion of the Site Plan Review process by clarifying the approval process for various development standard modifications. Maximum Site Area Page 25 Change: Clarifies existing content. Indicates that temporary structures, patio covers, and similar ancillary Coverage IX, D. 10 structures, as well as trellises, are not included in the site coverage calculation. Reason: Makes the section consistent with new definitions, such as Lot Size. Site Plan Review: Page 25-27 Change: Clarifies circumstances under which Site Plan Review is required. When Required IX, E Reason: Site Plan Review should he limited to those "six-cial circumstances" involving creative planning techniques which are specifically authorized by the PC 'reit, such as Clusters and PCS. Community Service Page 28 Change: Subject to a use permit, allows food, beverage, and valet services for residents and guests only. Facilities X, A, 3 Reason: Provides a convenience amenity for residents and their guests. Community Page 28 Change: Clarifies specific "ancillary" uses, specifying clubhouses, including kitchens, and meeting rooms. Recreational X, A, 2 Facilities: Ancilla Reason. 'Phis allows for normal types of cununenity recreational facilities. Uses fbmnlunily Pal!c 1H Change: '1111. brq�hl limn ul ruuuuunity Irrlrmional lavihtirs Is lalsrd to'17 Icel. Recreational X, It, 1 Facilities: Building Reason: 'Chis corresponds with the maximum building height for residential structures. Height Community Page 28 Change: One parking space is required for every 200 square feet of a clubhouse or meeting room facility. Recreational X, B, 3 Facilities: Parking Reason: This supplements the clarification of ancillary uses :Ind assures that adequate parking will be available for community meetings and activities. Signs Page 29 Change: Specific sign locations are established. XI, B, 1 & 2 Reason: Addresses the issue now. (� 062196-1.139/"IMI-0021/+7176.6 5 • 1J AERONUI'RO\1C FORD • PLANNED CONLMUNITY DISTRICT REGULATIONS Adopted September 9, 1979 Ordinance No. 1807 Amendment No. 542; Amended March 9, 1981 Resolution No. 9986 Amendment No. 559; Amended October 13, 1981 Resolution No. 11064 Amendment No. 564; Amended September 28, 1983 Resolution No. 1104 Amendment No. 591; Amended July 10, 1995 Resolution No. 95-89 Amendment No. 800 05319615531 F31331-007! 4492327 E 0 0 9 11-41RODUCTIONI I 'S;r- PJ A!kJ -2 TABLE OF CONTENTS SECTION I - STATISTICAL ANALYSIS 32 SECTION 11 - GENERAL 4 3 SECTION In - GENERAL NOTES 54 I SECTION rV - DEFINITIONS .7 q SECTION V - ATTACHED RESIDEINMAIJAREAS 1, 6, 7 8.7. Sub -Section A Uses Permitted 9.7. Sub -Section B U5as Develo ment standards 97 ,SECTION VI - ATTACHED RESIDENTIAL/AREA 8 441.9. Sub -Section A Uses Permitted 141'0 Sub -Section B Uses Permitted Subject To A Use Permit 4410 Sub -Section C Development Standards 44 � SECTION VII - DETACHED RESIDENTIAL/AREA 2 441-1. Sub -Section A Uses Permitted 4-4 14 Sub -Section B Development Standards 4413 SECTION VIII - CUSTOM LOT, RESIDENTIAL/AREA 5 Sub -Section A Uses Pem-2 tted 4-715. Sub -Section B Development Standards 15 SECTION IX - ATTACHED/DETACHED RECTT ENTIAL.'AREA 9A 05319515531 F3133140214492517 0 0 .7272■ . a . . r .l l�iWMMMWiill61F&MA.f-A&M Sub -Section B .. Standards SECTION IM XI - SIGNSIRESIDENTIAL AREAS 1.2.4,5,6,7,8 Sub -Section A Permanent Signs Sub -Section B Temporary Simts 053196-1$53 / F31331-002 7 /3925.27 za • • J� •. _._ . \ • • . .7272■ . a . . r .l l�iWMMMWiill61F&MA.f-A&M Sub -Section B .. Standards SECTION IM XI - SIGNSIRESIDENTIAL AREAS 1.2.4,5,6,7,8 Sub -Section A Permanent Signs Sub -Section B Temporary Simts 053196-1$53 / F31331-002 7 /3925.27 za • • J� 0 0 LN—MODUMOIN 0 The Aeronutronic Ford (Planned Community) District for the City of Ne -.-,-port Beach is in conformance %kith the Ne%%port Beach General Plan. The purpose of i6s thek Planned Comm the zoning classification and development these rigulations amsil of the neral District Rij*Wow is to geese -fey es abM s far the subject PrOPCM'i—R -099ZArJARAS 'Aid; I ... ..... These ReguMonhere ure origifia]Llyadopted on Sep=bcr 9, 1979 t , ydw-a= No. 1807., Sinod then, the 'Regulations have. been axnendeds:evefal times to Teffllect Chm&g develoixdnentc6' , I ncepts and ultimately,a rfix' han ' in d i:On July 10, 1995, the Regullations stere amended to .,or c ge.. permitted tr'e. eliminate the histork research and development feeility fef Fefdespaee and Ceffffnef&--ae %... Ge411 eer��-e its develepa_en* endl it feeehes Lte .Tefatieii;NN.� .i.: ate &Fe,;Ah vi."Ohm L4e acreage ;e Femain in FeseaFebaind evelepmeat; The secend land use ;A 0 0$319&1SS3/F31331-M1"925.27 Ae" E 0 SECTION I - STATISTICAL A.N.i LYSIS FOR PLANNING AREAS 1, 2, 5, _6, 7t& 8 • Note: 4 and its S.~ ..aeas is set crth iir Secdoii 7X Gross PIM Buildable Maximum Type Area Acres Net Acres Acres DU Planning Areas 1 18.6. 16.2 12.3 50 2 18.6 17.5 12.7 S4 5 33.0 26.0 17.3 48 6 15.1 14.4 10.4 S4 7 17 16.0 11.6 56 8 12 11.5 8.5 168 Subtotal 1143 101.6 72.8 430 P£RCEWAGE OF SITE COVERAGE Plar-ingArea 1, 2, 5, 6, 7 8 • Building Fc�tprint 14.6% 28.0% Parking Ar ---s 21.7% 5.0% Landscape :d Pedestrian 63.7% 27.0% Circulaticn Streets 31.5% Perimeter C -en Space 8.5% • 05319615531 F--'-'31-002 144925.27 2 (l 0 0 • SECTION II - GENERAL Location The Aeronutronic Ford Planned Com=unity encompasses 215.2 gross acres in the City of Newport Beach. The community is bounded by Bison Avenue on the north, MacArthur Boulevard on the east, Ford Road on the south, and Jamboree Road on the west Existin¢ Zonine The existing zoning is designated PC (Planned Community). The development standards set forth herein will pro -side for the development of the subject property. Land Uses The Aeronutronic Ford Planned Corry ur i-3 designated for residential development and for the expansion of Resewch =41 Development uses of the existing Ford Aerospace and Communication Corporation. As a TMA of the rLost recent amendrneats to terse Regulations; _tfie Planned. Community no.Nv Les en:• iely for residential and ancillary rues. Public Recreation • The City of Newport Beach Park Standards %3ii1 be met by in -lieu fees. • Private Recreation Four (4) private recreational areas totaling 1.2 acres will be located within the residential areas Planrutig Areas 1, 2, 5, 6; 7 and 8. Fac ities included in these private recreational areas will include a minimum of four (4) svimming p`%els, four (4) jacuzzis and associated recreational buildings. Private recreational facilities, open and or structured, within the development boundaries shall be maintained and operated by the Comm=a sty Associations. kdditienal One or: more add3u m 1 .. b e pen, n:» _ 4 a p -."are recreation areas __ — _ se allots m Plano#n Area 4. 053196.1553 / F31331402 / 4493517 Z �' • SECTTON III - GENERAL NOTES • 1. Water Service Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage Disposal Sewage disposal service facilities to the Planned Community «ill be provided by the City of Newport Beach, Orange Country Sanitation District No. 5, or Irvine Ranch Water District, as per agreement (May 14, 1980). 3. Flood Protection Development of the subject property will be =&L --ken in accordance with the flood protection policies and requirements of the City of Ne%pon Beach. 4. Grading Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building • and Planning Departments. 5. Zoning Ordinance Compliance Except as otherwise stated in Lis PaFi�ied;e � these ,R atrons or; a Dei'elopment A3mtment for Pla..tting A. ea 4, the requireme.- s of the Newport Beach Zoning Ordinance shall apply. 6. Buildine Code Compliance The contents of this text notwithstanding, all construction v;ithin the Planned Community boundaries shall comply with all provisions of the Uniform Building Code and the various mechanical codes related thereto. 7. Parking Lot Lighting All new parking lot lighting shall be subject to the review and approval of the Planning Director. 0531961553 / F31331 -OM / N925.27 4 0 0 • 8. ArchaeoloeicaUPaleontoloRical Resources is Prior to the issuance of grading perrruts, the site shall be examined to determine the existence and extent of archeological and paleontological resources in accordance Kith adopted policies of the City of Newport Beach. 9. Public Health and Safety Requirements (Planning Area 4) The Ford Motor Land Services Corporation or its successor shall comply with all requirements and mitigation measures related to public health and safety as described in Final EIR No. 153 for Planning Area 4. 10: De>,;elopment Agreement �Planrung Area 4) Durtng`:llie term`gf any I3eieleptiient .�eieetreat apitcable to Plann,� Area 4,= the provisions of that Development Agreement shall determsne the ordinances; resolutions; ,oRies, and other local laws applicable to the develo_ -Hent of Plate^_g Area 4. N here there is an inconsistency.bmveen the teras of th;= Regulations and. the Deyelo n. t, Agreemen the terms of the Developrr"nt:4gre�ent shaM pre, -A. 0531%1553 i F31331402/1492527 SECTION N - DEFINII IONS The following definitions shall apply to the development of a: -II P3,an� .^g ,?wens except PLznriing 4 of the Aeronutronic Ford Planned Community. DeS=Hti-ors for P'`^aittg Area 4 are contained in sectioniX 1. Gross Acreage shall mean the entire site area within the project boundary plus the centerline of the perimeter streets excluding MacArthur Boulevard, in which case the boundary line extends to the existing right of way line which is the 'Newport Beach City boundary. This acreage is the area within the boundaries of the Tentative Subdivision Map. 2. Parcel Map Net Area shall mean the entire area wiiEn the project boundary excluding previously dedicated perimeter streets. 3. Buildable Acreage shall mean the entire site zw within t::e project boundary excluding streets, park dedication. areas with existing narL-•J sloes g:rea:er than 2:1. and natural flood plains. 4. Cluster Unit Development shall mean a combia cn or arra=ement of attached or detached dwellings and their accessory structures on coat nto•.s or :elated buildin; sites where the yards and open spaces are combined into more desi^-+le 2-zngements or open spaces and where the individual sites may have less than the requtired average for tLe district but the density of the overall development meets the re,,-t::ted stand:^& 5. Conventional Subdivision on a Planned Comm, -airy Concept shall me= a conventional subdivision of detached dwellings and their accessory mucri-es on individ-A lots where the lot size may be less than the required average for the district but where t -'_e density for the entire subdivision meets the required standards and w -hen o.en space a'eZ are provided for the enhancement and utilization of the overall develo7ment. 0531961553 / F31331-002144925.27 u r: 0 0 0 • 0 SECTION V - ATTACHED RESIDENITA)VAREA 19 617 These areas are intended to pro%ide residential housing and related community facilities. A. Uses Permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section IV, Definitions. 4. Custom Lots. 5. Condominium7o.knhomes. 6. Temporary model complex and appurtenant uses. 7. Community Recreational facilities. 8. Signs (as pro%ided in Section XI of this Planned Community Text). 9. Security Gates and/or Guard Houses. B. Development Standards Maximum Heieltt Limits a. All buildings shall not exceed a maximum ridge height of 37 feet or an avemee height of 32 feet. b. Chimneys and vents shall be permitted as set fork in section 20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all str-ucnaes other than garages adjacent to public streets; except that balconies and patios may encroach sir (6) feet into the required setback. Architectural features such as but not limited to cornices. eaves, and % ingaalls may extend two and one-half (2%2) feet into the required setback from a public street. Setbacks shall be measured from the ultimate right-of-way line. 053196.1553 / F31331-002 /44923.27 7 3. 4. 4 0 9 Setbacks from Other Propertv Lines and Stn -,c --es a. A minimum front yard setback of five (5) feet shall be required. This setback shall be measured from the back of c: --b or in the event that sidewalks are constructed, from back of sidewalk. b. All main residential structures shall be a minimum of eight feet apart This shall be measured from face of finished wall to face of finished wall. C. Detached garages shall be separated from main residential structures a minimum of eight (8) feet This also be measured from face of finished wall to face of finished wall. d. Tu o car garages with direct access sh=1 be setback from five (5) to seven (7) feet average or a minimum average cf rwe-:y (20) feet measured from back of curb, or in the event that scewalks se cc: strutted, from back of sidewalk A minimum of eighteen (18) feet mea_�.:.-ed yom back of club, or in the event that the sidewalk shall be perzZined with ,::ll -up or other type garage doors approved by the City Traffic Engine---. Additional garage spaces need not meet the above criteria. Fences. Hedees and Walls Fences shall be limited to a maximum of eic`_t (8) feet, except within the front yard setback where fences, hedges and walls shall be 11=1ted to six (6) feet. Wing walls, wtlere an extension of a residential or accessern• smucture is to be constructed may be eight (8) feet in height. At street inte:s.ectiom no ss:h appurtenance shall exceed two (2) feet in height measured from curb height within t're triangle bounded by the right- of-way lines and a connecting line dawn betw-=n points thirty (30) feet distant from the intersection of the right-of-way lines prolonged. Trellis Open trellis and beam construction shall be per -mi -ted to attach the garage to the dwelling structure and may also extend from the dw;lling to within three (3) feet of the side or rear property lines. In side yards, -he r—ximum height shall be eight (8) feet Trellis areas shall not be considered in calcu'.: ting let area coverage; however, trellis areas shall not exceed 25 percent of the remaLmnea open spare of a developed lot Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area 05719615531 E313314M I "92537 8 • L_J • • • 0 6. Architectural Features Architectural features, such as bt: not limited to cornices, eaves, and wing %balls may extend two and one-half (_) feet into any front, side or rear yard setback 7. Parking - A minimum of 3.0 parking spzzes per tout shall be required. One of the required spaces may be permitted on the drive«ay of the residence, providing that said driveway has a minimum depth of twenty (20) feet or eighteen (18) feet with roll -up or other type garage doors appmved by the City Traffic Engineer, mewa-ed from back of curb, or in the event th-- ::devulks are constructed, from back of side«alk In addition to driveway parking sr:. -=s. a minimum of 0.5 guest parking spm may be pro%ided on -street or in the ba}s and their location shall be reviewed and approved by the Planning Director and ti.- City Tra is Engineer. 8. Maximum Site Area Coie--=e The maximum site covetase pe-2:,ed shall be fifty (50) For purposes of this Planned Ce=muniry. site coverage foot but shall not include ccllis a-eas. 0531W 1553 / F31331 -W2 /44925.27 percent of the ret site area shall include all a.-eas under 0 9 SECTION VI - ATTACHED RESIDENTIAIIAREA 8 These areas are intended to provide residential housing and related community fa:iE--�es. A. Uses Permitted 1. Cluster unit developments, as defined in Section IV, Definitions. 2. Single family dwellings attached or detached. 3. Conventional subdivisions on a Planned Community Concept, as defined in Section N, Definitions. 4. Custom Lots. 5. Temporary model complex and appurtenant uses. 6. Community Recreational facilities. 7. Signs (as prodded in Section )a of this Planned Commtmity Texz). 8. Security Gates and/or Guard Houses. B. Uses Permitted Suhiect To A Use Permit 1. Condominium and to-mhome dwellings. C. Development Standards 1. Maximum Height Limits • a All buildings shall not exceed a maximum ridge heie .: of 37 feet or an average height of 32 feet. b. Chimneys and vents shall be permitted as set fora in sec--cn. -20.02.060 of the Municipal Code. 2. Setbacks from Public Streets A minimum setback of 15 feet shall apply to all structures other t_- sa<aes adjacent to public streets; except that balconies and patios may encroach s'_1 (6) feet into the . required setback. Architectural features such as but not limited to cornices, eaves, and wingwalls may extend two and one-half (2!/2) feet into the required setback from a p --,blit street. Setbacks shall be measured from the ultimate right-of-way line. 3. Setbacks from Other Property Lines and Structures a A minimum first story front yard setback of five (5) fe: 0-11 be required. This setback shall be measured from the back of curb or in the event that. 053195-15531 F313314M 1 "92337 10 ' sidewalks are constructed. from back of sidewm L The second story front may be constructed adjacent to the back of curb or s„ -_Ie event that sidewalks are constructed, adjacent to back of sidewalk. b. All main residential structures shall be a minims- of eight (8) feet apart This shall be measured from face of finished wall to :ice of finished wall. C. Detached garages shall be separated from =sin residential structures a minimum of eight (8) feet. This also shall be measured from face of finished wall to face of finished uall. d. Two car garages with direct access shall be set.` -k from five (5) to seven (7) feet average or a minimum average of twenty t=)) feet measured from back of curb, or in the event that sidewalks are conssted, from back of sidewalk. A minimum of eighteen (18) feet measured froom ack of curb, or in the event that the sidewalk shall be penrutted with roll or other type garage doors approved by the City Traffic Engineer. Add :::A garage spaces need not meet the above criteria. 4. Fences. Hedees and Walls Fences shall be limited to a maximum of eight (8) fee- except uithin the front yard setback where fences, hedges and "221ls shall be limiter to six (6) feet Wrung calls, where an extension of a residential or accessory strucnz---_ is to be constructed may be eight (8) feet in height. At street inters`-etions, no such =^ atenance shall exceed two (2) feet in height measured from curb height within the _angle bounded by the right- of-way lines and a connecting line d, awn between poirm thirty (30) feet distant from the intersection of the right-of-way lines prolonged. 5. Trellis Open trellis and beam construction shall be permit- - w attach the garage to the dwelling structure and may also extend from the dweE= to within three (3) feet of the side or rear property lines. In side yards, the max: -amu height shall be eight (8) feet. Trellis areas shall not be considered in calculating lot acoverage; however, trellis areas shall not exceed 25 percent of the remaining o'er space of a developed lot. Trellis and beam construction shall be so designed as ..a provide a minimum of 50 percent of the total trellis area as open space for the pe -,e -ration of light and air to the covered area. :5319615531 M331402/4492537 �� l it • 6. Architectural Features 0 Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one-half (2%z) feet into any frost. side or rear yard setback Parkin¢ A minimum of 2.0 parking spaces per unit shall be required Guest parking shall be cluster with a minimum of vwo spaces per cluster. 8. Maximum Site Area Coverage The maximum site coverage petntitted shall be nm (50) percent of the net site area For purposes of this Planned Community, site coverage shall include all areas under foot but shall not include trellis areas. 9. Affordable Housing The developer trill pro%ide 25 per cent of all u:r—is above 38 as moderate priced for sale units as defined by the City's Housing Ele=,ent. All in -lieu park fees, traffic improvement fees and noise wall fees for the affordable units and the pre-iously approved 38 units will be waived. • 0571961357 /"1771-002 /44925.27 12 0 L1 • SECTION VII - DETACHED RESIDENTLkUAREA 2 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single family dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Se. -on iV, Definitions. 3. Custom Lots. 4. Community recreational facilities. 5. Security gates and/or guard houses. 6. Temporary model complex and appurtenant uses. B. Development Standards \tinimum Lot Size. The minimum lot size permitted shall be 6.000 sq.& 2. Maximum Building Height. All buildings in Areas 2 & 8 shall not exckd a maximum ridge height of 37 :ee: or an • average height of 32 feet 3. Setbacks The following setbacks shall apply to all snuctures excluding garden walls o.- a. :a Front Yard A minimum setback of five (5) feet for the garage and a minimum cf --, (10) feet for the dwelling unit shall be maintained. This shall be measured f ---m back of curb, or in the event that sidewalks are constructed, from back of s_ and k. b. Side Yard Side yard setbacks shall be a minimum of five (5) feet The Plan'--- Director may approve a zero side yard concept provided that a total of ten (_'• feet be provided on the opposite side yard. A zero side yard concept will not :Y _lowed under a custom lot program. C. Rear Yard A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to wv= (T) feet average or a minimum average of twenty (20) feet measured from b c: curb, or in the event that sidewalks are constructed from back of side%% -alk A _.:^imum • of eighteen (18) feel measured from back of curb, or in the event tb-- s:-ewalks 01314'-1553 / F31331402 / 44925.21 G\` 13 \ 0 0 are constructed, from back of sidewalk shall be pe mire3 with roll -up or other type garage doors a;proved. by the City Traffic Engreer. Additional garage spaces need not meet the above criteria. A minimum of Eve (5) feet for side -on garages shall be mai.•.a.Lned 4. Fences. Hedges and Walls Fences shall be limited to a maximum of eight (8) feet exce,•x within the front yard setback where fences, hedges and walls shall be limited to six (6) fe`t. NAmg walls, where an extension of a residential or accessory structure is to be conc-xted may be eight (8) feet in height At street interactions, no such appurtenance shat exceed two (2) feet in height measured from curb height within the triangle bounded �v the right-of-way lines and a connecting line drawn between points thirty (30) feat di -rte-: from the intersection of the right-of-way lines pre:onged. Trellis Open trellis and beam consn-_econ shall be permined to ar=ch _:: ga.•ase to the dwelling structure and may also extez4 from the dwelling to with:-. throe (3) feet of the side or rear property lines. In side y -.73s, the maximum height shel be e:_ht (8) feet Trellis areas shall not be conEdered in calculating lot area coverge; hcwever, trellis areas • shall not exceed 25 percent cf the remaining open space of a d:. elo•+ed lot Trellis and beam cotsstrvct.n shall be so designed as to prey:-,- a nurunum of 50 percent of the total trellis a. --a as open space for the penztratir-. of light and air to the covered area. 6. Parking Parking for residential uses stall be in the form of not less than- _ 7ee (3) parking spaces per dwelling unit 7. Maximum Site Area Cover-aze The maximum site area coverage for any residential lot shall be e0 percent of such lot 8. Architectural Features Architectural features, such as but not limited to comices. ea -,-m and wing walls may extend two and one half (2!) feet into any front, side or rear %_d setbzk. 0531961557 ! F31331 -0b2 1 u92517 14 0 0 • SECT -ION VIII - CUSTOM LOT RESIDEN-nA- IAREA 5 This area is intended to provide residential housing and related community facilities. A. Uses Permitted 1. Single Family Dwellings. 2. Conventional subdivisions on a Planned Community, as defined in Section IV, Definitions. 3. Custom Lot 4. Community recreational facilities. 5. Temporary model complex and appurtenant uses. 6. Tennis Coutts. B. Develooment Standards Minimum Lot Size. The minimum lot size permitted shall be 9.000 sq -ft. 2. Maximum Building Height All buildings in Areas 5 & 8 shall not exceed a rr>zximum ridge height of 37 feet or an average height of 32 feet 3. Setbacks The folio% ing setbacks shall apply to all strucntres excluding garden walls or fences. a. Front Yard A minimum setback of twenty (20) feet for the dwelling unit shall be maintained. This shall be measured from back of curb, or in the event that sidewalks are constructed, from back of sidewall: b. Side Yard Side yard setbacks shall be a minimum of five (5) feet C. Rear Yazd A minimum of ten (10) feet shall be maintained for the rear yards. d. Setbacks - Garages Two car garages with direct access shall be setback from five (5) to seven (7) feet average or a minimum average of tntenny (20) feet measured from back of curb, or in the event that sidewalks are constructed from back of sidewalk A minimttat of eighteen (18) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk shall be permitted with roll -up or other type garage doors approved by the City Traffic Engineer. Additional garage spaces need not meet the above criteria. A minimum of five (5) feet for side -on • garages shall be maintained 0331961553 / F3133I.M 14492527 3 15 0 0 4. Fences. Hedges and Walls • Fences, with the exception of tennis courts, shall be limited to a maximum of eight (8) feet, except within the front yard setback where fences, hedges and walls shall be limited to six (6) feet \sing walls, where an extension of a residential or accessory structure is to be constrtrcted may be eight (8) feet in height At street intersections, no such appurtenance shall exceed two (2) feet in height measured from curb height within the triangle bounded by the right-ofway lines and a connecting line drawn between points thirty (30) feet distant from the intersection of the right -0f --way lines prolonged S. Trellis Open trellis and beam corimcdon shall be permitted to attach the garage to the dwelling structure and may also extend from the dwelling to within three (3) feet of the side or rear propetry lines. In side yards, the maximum height shall be eight (8) feet Trellis a_-eas shall not be considered in calculating lot area coverage; however, trellis areas shall net exceed 25 percent of the remaining open space of a developed lot Trellis and beam construction shall be so designed as to provide a minimum of 50 percent of the total trellis area as open space for the penetration of light and air to the covered area 6. Parking 0 Parking for residential uses shall be in the form of not less than three (3) parking spaces per dwelling unit Maxim+ --n Site Area Covera-ae The maNdmurn site area coverage for my residential lot shall be 60 percent of such lot S. Archite:-tural Features Architectural features, such as but not limited to cornices, eaves, and wing walls may extend two and one half (25:) feet into any front, side or rear yard setback. 9. Tennis Courts Tennis courts are allowed and may be within 3' of the rear and side property lines. The courts ane permitted fencing up to 12' in height The courts lighting shall use 27' max height, square tubular and painted posts with 1000 watts metal halide lights in a flat pan fixture. All tennis court lighting shall be designed in such away as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along MacArthur Boulevard All cenuris court • lighting shall be subject to a use permit 03 1%-1313 / F31331 -M / "M27 16 ��1 E 0 11 SECTION IX - ATTACRED / DETACHED RESEDEINYFIAL,I P"N7NWG �� 4 "... .1-1--.1- —.1 A. DEMMONIS: The folki4hi d4p.Monsipph-toPlanningAr oniY .......... -- ..... - 1. - ......... . ... - . - . . ..... I ........ 1. "Access ...... ........ .. ... ... .... ....... Drive Y�c those owned aaciTor ant side, or 1p. one ar MM ie�l 16 -An Street that tetra ss used �vatim these Regulahorls Dtit euays uct a restdeaual-'b:t are not Access Dnv w, -, Dine Dfi*wu Ich 7s deslgneel Ps the ... . ............. mean of access to a reshdectdal bat A.'W'd'r,Aeceiss Diive" refi =."'. t . o a -,i Acc'ew' D. a residc� ......... .. ......... lot from &x rev of the l6i, . 2. "Cluster Unit Dtmlopffiint7' refers to a combination cr arrangement ofattachiC& detaclied d%;.-eUL-zs and gieir accessory structures on comm outs or related buMing Wes ufiere 4. IDPL-a spacesand ovate a P or Subarra `are combined into more desirable qxrangernei . grcenl�clts, or open s and �11 ll C doill sd,OdA* *ii6 pII i Pjiii� co co sept" 6 i 66D�666U su[�Msiou of &-ta-ched divillffigs and their eir accessory strurtirres on indiNiduallots . . .... . .. . . ........... . ..... , • the loi si-of somein&,duAl'itsid6tiBl.l0tS.ma} .i6 -, Less Ihaibe T6#"fO minimuza for &t6 Planning Area or ;Subarea, but the: average lot size W,slt rza identiml lot§Wth3n,.the 1?lann3ng urea or Sibarea equals or exceea AM r a�nred 1—amlimum I0 size arid, sp=�areas are prop drd for the .jrmen ........ ..... 053196-1553 1 F31331 -OU 144925.77 17 C\� �! 0 0 8. "Saback" refers to theininhw—n ash^ z bet ween a sLnxt re on a lot and the closer pf {i} the'propeitp ltne, (ti} the ba."!: of an adjacent sidewalk and {iii} the b� of ari adjacent cmbr Where'the Deur r.:. ^ S=dards co ;tom ned in Section D bel6w specify a different standard for the a "setback," the standard set fortis in Section' D shall. control: 9 • 053196~;.:3 1 F31331 -M ! 44925.27 18 �\� 0 0 0 0 B. Statistical Analysis for Planning Area 4 7 -re nim1bei0facres refwedhi this cab=ni J " the rr—tn;.un earl be L� 'RM rep'ire wT specific Subarea Subarva bawdaries are intended to beficriNe til ilhin:the.maxiinuta acreages idertified .T. I., No f t-- 77he itailsfici set, forth for Plan4ing . 4rea 4 and its Subareas �e'l for allocafio» ofresidenfial wdts betmeen the Subareas and to refect n �,& boum . on szib&rLsion. mors recorded as deie)4 pro��r� .1 1 reflects a maximum mmibei of 450 residential wdrs for Residzm"'a"Are the f.Vf DU"for the in,d vj Subareas is nnxhgre . a:er than 4. in assigni)g units wItIgn the Subareas 34 -Me moWaininean oirrall cap aPoived within PTminb3gtlrea 4. 053196-1553 / F31331.0021 "92517 19 GrOS3 laximaiii Subareas ............... Act,6 34 4B 4C 4 AD 26 ME 2i 340 7 -re nim1bei0facres refwedhi this cab=ni J " the rr—tn;.un earl be L� 'RM rep'ire wT specific Subarea Subarva bawdaries are intended to beficriNe til ilhin:the.maxiinuta acreages idertified .T. I., No f t-- 77he itailsfici set, forth for Plan4ing . 4rea 4 and its Subareas �e'l for allocafio» ofresidenfial wdts betmeen the Subareas and to refect n �,& boum . on szib&rLsion. mors recorded as deie)4 pro��r� .1 1 reflects a maximum mmibei of 450 residential wdrs for Residzm"'a"Are the f.Vf DU"for the in,d vj Subareas is nnxhgre . a:er than 4. in assigni)g units wItIgn the Subareas 34 -Me moWaininean oirrall cap aPoived within PTminb3gtlrea 4. 053196-1553 / F31331.0021 "92517 19 0 0 C, Uses Perinitted • Plann4 -Are-a 4 is intended to provide residential housing and related community facilities.. . .1 . ...... . ..... 1. Single-family detached subdivisions, subject to approval of a Parking Plan (see Section G-9) CAO) and Landscaping Plan, if required (see Section G42) qM. 2. Custom lot sales and custom homes. 3. Temporary model complexes and appurtenant uses. 4. Signs (as provided in Section X1 of this Planned Community Text). 5. Tennis courts, subject to the provisions of Section a.G.10. M.M1 6. Comffiunit} recreational facila.�, subject to the of Sedion X� 7. Uses Permitted Subiect to Site Plan Review (see Ett.:M SecdWT) a , . In Subarea 4 4 I 0'@.y, single-family attached subdivisions. In Subama 4,k Q iser Unit ve opments. . ..... ...... .. In Siibiki]s 4A, 4B apq:'-4E.'. cciiv'enuonal Subdivisions on a Planned Community:' Entry guard houses and gates. D. Development Standards 1. Minimum Lot Size a Subarea dA` The mL--�t--n let size peffniaed sIA be— 3,000 square feet. EMS :iE""§ 0531%-13531 F31331-002144925.27 20 • .)% 0 2. Maximum Heieht Limits a. All buildings im: Subareas 4A, 413, 41), and 4E shall not exceed a maxim= ridge height of 37 feet, with 'an average roof height not to exceed 32 feet. b. All buildings in area 4C shall not exceed a maximum ridge height of twenty-eight (28) feet, with the average height not to exceed twenty-seven (27) feet. C. Chimneys and vents shall be permitted as set forth in the Municipal Code. 3. Setbacks from Public Streets (i.e., Jamboree Road and Ford Road) A mir�hum setback of fifteen (15) feet shall apply to all =uctures other than garages adjacent to public streets; except that balconies and patios may encroach six (6) feet in the required setback. Architectural features such as but not limited to cornices, eaves, and Mnp-alls may extend two and one-half (2111) feet into the required setback from a public StT"-L Setbacks shall be measured from the ultimate right-of-way line. 0 4. Setbacks from Other ProNrry Lines and Structures E E x . c . t .T. t .... C . z . tablishei throiliffi tl7k CIVS s�4 rd Modificazi process seibarlC 'aso ....... .. ....... ... . ..... from other property 11n6 and struc=cs shalt be, 2L Front lard , , d Izar ... . .. In S-�z ca. 4A, a minimum front yard setback of five (5) feet shall be required. TMs setbaek shaM be meas --ed ffem Lhe baek ef et --b of in the everA " sidewallis @:Fe IffeEn back of Eide;Aeg In Subareas 4B, 40, 4WW 4F,iminimuffifront yard seLN---k-often (10)few 'still berequired fi'Orthe masa attached or detached ­%;.. 6 garages). b. Side vard. Side yard setbacks shall be a minimum of five (5) feet,—er-es feaceIs.,.n*'c)"tr"ele,.wt.to -the calculation- bUthe h sid� f easements perfies Tay� be: the subject o as,&Ninch pro . erty- 0 -dod that all foot setback Joiningpro. Nr�,n the, .. .......... 053196 -15531F31331 -M144925.27 1A 21 0 Side yard setbacks 10 for lorded 3 garages p..... tly in tiie-rear l alf of a Iot shall be a minimum of three (3) feet for the fust floor of the structure and five (J� feet for the second floor.: Where garages are located iri the rear of a lo(in order to aces a Rear Access Drive, noside yard setback sball beNrequmred bm een g ages�oq adjoining iotsu _: - For lots accessed by'..'a" Rear AccessBrave, real )'aid setbacks &hall be r.�asi ied from (i) the flow:ltne of a rolled curb or {ii) the back of a standard curb, as ...... . . Itcable .: Far lots accessed by a Rear Access Diin e, garage setbacks imI liz &tn—, ned 5y : Paragraph 4€ ("Garages below: d. Structural sevaration. F6r detacfied" in'its, all main residential swcnims shall b� a minimum of six (6) feet apart measured from face of finished wall to face of finished wall. e. Detached garage separation. Detached garages shall be separated from main residential structures a minimum of six (6) feet measured from face of finished wall to face of finished wall. f. Garages. Garages shall be set back from three (3) to seven (7) feet, or a minimum of twenty (20) feet measured from back of curb, or in the event that sideuslks are constructed, from back of sidewalk A minimum of eighteen (18) feet measured from back of curb, or in the event that sidexalls are consuuc C4 from back of sidewalk shall be permitted with roll -up or other garage door types approved by the City Traffic Engineer. [:31961551 ! F31331 -M 10923." 22 Ba`k'e fliAaele :aftd.6n Side -entry garages shall maintain a minim= front setback of five (5) feet measured from back of curb, or in the event that sidewalks are constructed, from back of sidewalk. g. Architectural features. Architectural features such as, but not limited to, cornices, eaves, and Aingwalls may extend two and one-half (2%:) feet into any front, side or rear yard setback, provided that such archin -canal feaaaes shall not project any closer than two (2) feet from any property lite. L Ftreolaces and chimne«s. Placement of fireplaces and chimneys shall comply with the requirements of the Zoning Code. Through the Cit}'s starrcla �<.�irfi ort 1 :ss' set WKS rnav be reds ced of real . between sz3joining properties to accouunod> a design t+- u'gt °s ultnclt will MaXEM=tfz us., of private'sp^es without `,ating tmde�able _�la^at relationships iYhwrea smrt EtraAs ... ....,... on adjoining pioperhes. 5. Fences, liedees and Walls Fences shall be limited to a =ximuun height of eight (8) feet, except within the front yard setback where fences, he�lges and walls shall be limited to six 6) feet. Wing walls, • where an extension of a residential or accessory str-ucrtve is to be constructed may be eight (8) feet in height At streamf 'street intersect -ons, no such appurtenance shall exceed two (2) feet in height . ----.d -.d fe— _.._, h_:_ . if it islocated within the triangle bewided by the right eft -mss aF4-farmed"by () tie ti=nting hies located fine feet behind and .psrallel to the .arb of each of the inn�fiQg sheers aid (u a connecting line drawn between ns of these n*�smo L•�izs Ionated thirty (30) feet distant those po from the intersection of the i- of way iwxrsm,-;u lines. Afstre`t-taAccess Lkts lnters.amons 'no such appurtr-�nce shall exceed two (2) feet inherent meastred"from curb height -ithin the triangF, bounded by the fee of curb lulus and a iblll�eCttng _line drawn between points twenty t'0) feet dist from t --intersection of the prolonged face of curb tries. 6. Trellises Open trellis and beam construc-�on shall be permitted to attach the garage to the dwelling mcture and may also extend from the dwelling to within thtee (3) feet of the side or rear property line. In side ya_r4 the maximum heig'-t shall be eig,'.'O tep.(I4j fe- C , f trap net exeeed fiYe-afeent 2-64) r 1fe—*_r a a . A _a lAE- • 053196- 15531 F31331-003/449 X \V 1 23 \1 0 0 T-Fellis and be eepstmetien sW be se desiped as te pfe;ide a niiifnufn er Ik• IT pefeent (509c) efthe !eW tFellis wes as epen �?,-eee rfef t�e penetFaden eflight ARd P;f ;FI the eevered afea: Private Street, Rear Access Drive. and Flag Lot Drive%vav Standards P I . iva . S . ft=UW,`AC'cess within residential development shall be a minimum of feet in width ,vith parldngg allowed on POA704ig eae side. a; The %;idth may be redueed te 26 -feet fef: eeeess dtiw b. Thfiiy,-two (32) feet f, in �,vi&h -.vith p�g allo-A on Ow S, ... .. .... . .. ...... -..-._-I . . . ... ... .. ........... i6Q, 6 . .. .... * ­ * , side: C. _8� r -idth N,,i pmrkin�, on neither si - in N% th . ...... . . .............. .... .. ..... . ..... .... d. -(16) fee fores serving no more ore than 16 dwelling units. • b. The ftiWffnwn YAdth mey be feddeeed te N Ret ffef eeeess dfiw cTweaty 120) �� for Primm- Access D.— -es, ine u&e Drh .... ... .... .. ..... eKays re ; ­ .. I%—. - serving no more than 4 d%veLUng units. e. The s4F�mum YAdL4 may be redlueed a 16 ka; I;ar aceass Mves ser%ing a single dwelling ufit= f. 6) fm for Primar� Access D-wes. including Flag Lot.': Drive%N-av'ssetSzitg .' ..... . . no more dhm 2 dwelling unfts. ..... .. . ........ . .... ........ .... .. ...... ... 1­ Prinaiy Drives of 20 or 16 feet as provided for -the above shall be increased to a minimum width of 26 feet if ser%ing a common parking area, turio"uts, shall be m'ciL*&d widiii . i Ili. i - �,-Jcdi - tion I of - pp.... e -,d6i,bU pa 1� yi r,. mate ­ % ' " �1­11 . in this ...... �. ... _­­­­ ........... .... @ess other defined in &�s text, private streets shall be designed in compliance with the private street standards of the City of Newport Beach. Rear Access Dines sha11 be - , a mm= . . ..... .... f . testy ............ . . um o ty (2.0) feet in %i tri . . ............... ..... ...... ...... 053196.1553 1 F31331-OM/4492517 to m 24 • 11 0 0 8. Site Distance Requirements Residential development shall be designed to provide .'_eqa= sight distance (25 NTM, at the intersection of all private streets and drives Pr==v; Ayers lues, and along curves unless otherwise approved by the City Traffic Engineer. 9. Parking Plan Each tentative subdivision map that would cre= legal building sites shall be accompanied by a parking plan demonstrating compliance with the following standards: a. Single -Family Detached Parkine Reguiremens A minimum of two (2) garage parking spa`es -0-11 be provided per del cl dxr.)N unit In addition, guest parkins sh-all be provided within the development at a minimum tate of two (2) S;azes per unit. Guest parking may be provided on sweet, in parking bays, er on= tirii euays minimum 20 feet in de . ( depth) or 18 feet wire ...1 t ga, �e d`�es are'-' r '66d)" in a manner acceptable to the City Traffic En`:.:een A maximum of one of the guest spaces may be provided on the driveway. A reduction in the guest parking requirement may be considered subject to apy oval of a finding by the Planning Commission that the reduced parking ratio wig not cause an adverse impact on the community. b. Condominiums and Townhomes D elli3g rrtk ied dw=elling units less than o: ecual to 1500 square feet shall provide a minimum of 2 parking spaces per unit including one covered space. In addition, guest parking shall be provided at a =:n;—um rase of 0.5 space per unit Guest parking may be provided on street in p, . z.bays, or on sway eprene driYeivas5 (minimum 20 feet in depth or IS :get %}hem, roll up garage doors are provided), in a manner acceptable to the City- Trac Engineer. A maximum of fifty percent (500/o) of the guest spaces tray be r. W ided on driveways. Dsvellin attached dwttling units greater 1500 square feet shall provide a minimum of 2 covered spaces per unit In zz!zlition, guest parking shall be provided at a minimum tate of one (1) space per unit Guest parking may lie provided on street in parking bays, or on a c,::_ d&cv6V—s (minimum 20 feet in depth or 18 feet where roll up garage doors are provided), in a manner acceptable to the City Traffic Engineer. A r---,.0 um of fifty percent (50%) of the guest spaces may be provided on driveways. 05315615531 F3I331-0021 N92517 25 �b3 0 C. Parking Space Placement and Dimensions The Suiijecf to the provisions of it Derelopmemi Agreement for Plannrrlg Arta 4 the size and placement of all parking spaces and areas shall be as specified .'by -the residential parking standards contained in the Newport Beach Municipal Code, Standard Plans 805 -L-A and 805 -L -B, and Council Policy L-2 unless otherwise approved by the City Traffic Engineer. 10. Ma-dmum Site Area Coverage 11. Tennis Courts Tennis courts are allowed and may be within three feet (3') of the rear and side property lines. The courts are permitted fencing up to 12' in heighL The courts' lighting shall use 27' max height, square tubular and painted posts with 1,000 watt metal halide lights in a flat pan Exture. All tennis court lighting shall be designed in such a way as to prevent light from shining directly on the adjacent residential properties and to insure that the lighting does not adversely affect night vehicular traffic along Jamboree Road or Ford Road All tennis court lighting shall be subject to a use permit 12. Landscaping Plan Each tentative subdivision map that would create legal building sites and which contains a common area abutting an existing residential development outside Planning Area 4 sball be accompanied by a landscaping plan for that common area, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation . The pian shall be designed so as to create a suitable buffer between the existing residential area and the new developmemt E :< Site -Plan Re,,"��testi> 053196' 5tte I51aa Renew may 'be , "` �" _..,.,.... .,..._,.�n...n.�.:�,req�'ed only for a iandovster pinpcsai u�#uch'conststs ofoitnci�s�": 0 26 N- P The purpose of this section is to establish a Site Plan Review procedure to ensure that the project conforms to the objectives of the General Pian as well as the requirements and development standards contained in these P'�_ ed emmwit • r,: -• D —, Reguilahoru The Stte,Plan Review shall tale into consrdeFauon ail provrlstons of taffy QetieIopment, Agteenumt for Planning Area 4: 2. Findings The Site Plan Review procedures contained in this section are intended to promote the health, safety and general welfare of the community according to the Site Plan Review Findings set forth in the Zoning Code. I Application «'hen required, Site Plan Review approval shall be obtained prior to or concurrent with the approval of any tentative subdivision map that would create legal residential building sites, or prior to issuance of a building permit for non-residential structures (e.g., recreation facilities and entry guard gates). • 4. Plans and Diaerams to be Submitted The following plans and diagrams shall be submitted to the Planning Commission for approval: a Plot clan. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off-street wading, landscaped areas, signs, fences and sidewalks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and our of off-street parking areas, the location of each parking space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how eu-lky utilities and drainage are to be provided. 7-MMM:1 MMEM2 • -- b. Landscape plan A landscape plan, drawn to scale, showing the Iocations of existing trees proposed to be removed and proposed to be retained, and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. C, Grading plan A grading plan to ensure development properly related to the site • and to surrounding properties and strucw= 0$319&-1553 1 M331 -OM 141WX `-4 � ) 27 0 0 d. Exterior lighting. Scale drawings of exterior lighting showing size, location, • materials, intensity and relationship to adjacent streets and properties e. Parking plan. A parking plan demonstrating compliance with the requirements contained in Section CEJ CAD above. f. Noise attenuation. For subdivisions abutting Jamboree Road or Ford Road evidence demonstrating compliance with applicable noise attenuation requirements. g. Any other plans, diagrams, drawings or additional information determined by the Planning Director to be nemssary to adequately consider the proposed development and to determine compliance with applicable policies and standards. 5. Application Fees The applicant shall payer the standard Ci �ntde Site Plan Retizew fee`established by Resolution of the City Council with each application for Site Plan Re..iew. 6. Notice and Hearing Procedures. Procedures regarding public hearing notification and Planning Commission and City Council actions shall be as provided for Site Plan Review in the Zoning Code. E '; Aiodificativn Process A modtficattoit of spersftc develop. nerit stzhdzrds cis au3 u Secuons D3, D4# DS and D6 may be obtauied through the L,Sty's staadard Modifi�-0rt piot:ess:: G. SubdiviA6 Nfsp Pibiiig __ ............ ............ A'3n6difi�arion of specific deielopmesu standards' aired in Sections Dl and Dl maybe obtained thioUgh the Grty's ;standard subdi%T ion rnap ap szoval Process pursuant to the Califomta Subdttivstott Map Act and arptrt able Ctt} o dutancesi A:': PC Tezt'Amepdaieitts • 05319615531 F313314M /449U.27 28 lv 0 • SECTION ..X.I.-.,.C,.OI-D.-IUNI.-f.Y. RECREATIONAL- FAC.n.JTTES. A. Uses Permitted 1. Pmate parts; ofaanil* or open > n areas p .1 a y pm, recreatin related factiiEresJ .. . ....... . . .... ..... ... ........9 Me.e.I =..... — o-om-4t�e=. .s. .co...t.: m ........ submunz ppoTs art!d spas; Subject to a use be� and i�ilvt =Mcm- ...... .. . .... palet 1. 1 .- .. 1.4 B. Development Standards 1. Buildine Height The maximum building height shall be w;enty eight (28 thirty-sv+6n (37) feet as defined by the Zoning Code. Towers or architectural features greater than m ee:.N- (29 thim'-s--ven (3?) feet but • not exceeding sixty (60) feet in height may be peTn: rted subject to a;pro it of a Use Permit. 2. Buildine Setbacks 0 Fifteen (15) feet rntinimurn from any residential propzV line and ten (10) feet Minimum from any street measured from back of curb, or from back of sMev.-A- %%bere sidewalks are proNided. I. & ... �P-.. 1ki. ng .... . .... ....... .. % .. Par 0 L f 23 One kiJig space be 68 i;l a rlubhol3se or meeting room prodded or 4hwy 2C scwwrae. bet o a 06 street pari mt 4 --nit . tothe fz�- rmibe tlsed to meet this -req;w, C-MML 053196-13531 F31331 -D0214025-27 9 1n 11K. 0 SECTION XI AREAS 1, 2, 4, S, 6, 7, 8 . A. Permanent Siens Miscellaneous Directional/Inf:--national Sims Directional/Informational Signs, such as but not limited to "right tum only", "exit", "entrance", "tennis courts", r -c., shall be permitted. Said signs shall be kept to a minimum and shall be desiped as a coordinated part of the overall project. Each sign shall not exceed ten (10) squ_- : feet of sign area. 2. Primary identification Simhs One double-faced sign or twr single -faced signs at the mai; entrances to each residential area shall be perrnined. Said sign shall not exceed a heipt of four (4) feet above the grade or surface to which artached, nor shall said siert exceed an area of thirty-five (35) square feet per face. Said sign may be internally or ere:-zlly lighted The information listed on the sign shall be lin::—.ad to: a. Village name b. Project name • C. Facilities identification B. Temporary Sins (Prior to and during construction) Future Facility Sims A sign which informs the Nie•tier, through graphic s;mbol and verbal reinforcements, of the type of facility planned fc_ the site. end} 1?oi Planner Area 4, a minimum of r� dovlile faced futiue faitiity signs Jatnboiee Road �.d otte may face Ford Road 2. Merchandising Signs A sign which informs the vie-xer, through graphic symbol and verbal reinforcement, of the facility name, opening da--- type of occupancy, owrer-developer, and phone number for sales information. 05319&1553 / F31331 -W2 / "MM 30 • W'ording Requested By and hen Recorded Return to: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach. CA 92660 • 0 05 0996 1 001 1 F31321 -0M- 1577021 FIRST AMENDED DEVELOPNM\ T AGR=1ENT BMVEEN THE CITY OF NENNTORT BEACH M11 PACIFIC BAY HOMES Original Agreement Approved July 24. 1c95 Ordinance No. 95-27 Amendment Approved . 1996 Ordinance No. 96 - Submitted By: Paoae Callahan 1lcHolm & Winton 19100 Von Kamran Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 0 0 FIRST AMENMED DEVELOPMENT AGREEME\T • THIS FIRST AMENDED DE1'FLOPMENT AGREE.ti1ENT (the "Agreement") is entered into between the City of Newport Beach (the 'City"), and Pacific Bay Homes, a California corporation and a subsidiary of the Ford Motor Company. RECITALS. This Agreement relates to the following: 1.1 Ori lgnal Agreement. On July 10, 1995, the City Council of the City approved the "Development Agreement between the City of Newport Beach and Ford Motor Load Development Corporation" (the "Original Agreement"). The Original Agreement was recorded in the of records of the County of Orange on September 26, 1995. 1.2 Ownership Status. At the time of the Original Agreement, Ford Motor Land Development Corporation ("Ford Land") held an equitable interest in the property which is described in Exhibit A (the "Property"). Ford Land is a subsidiary of Ford .ilotor Company. In April 1996, The J31 Development Company ("Jill"), also a subsidiary of Ford, acquired fee title to the Property. Since the acquisition, JM has changed its name to Pacific Bay Ho m� Pacific Bay Homes shall be referred to within this Agreement as "Ford." 1.3 Planning Sratu . The City Council conducted public hearings on these matters and the Original Agreement and certified the EIR on July 10, 1995. The General Plan Amendment (see Section 2.22 below), the Original PC Tens Amendments (see Section 2.29 below), the Tentative Map (see Section 2.34below), and the Original Agreement were approved on July 10, 1995. Since the approval of the Original Agreement, site planning has continued for the Property. As a result of that planning, Ford has proposed certain changes to the Planned Community District Regulations (the "PC Tess") which also will result in changes to the Tentative Map. In addition to the stated purposes of the Original Agreement, this Agreement intends to make those modifications to the Original Agreement which will allow the development of the Property (the "Project") to proceed consistent with approved modifications to the PC Text and the Tentative Map. 1.4 General Findings. By approving this Agreement, the City Council finds that the modifications to the PC Text and this Agreement, when implemented through subsequent entitlement procedures, such as the subdivision mapping process, are consistent with the intent of the City Council in approving the Original Agreement. 1.5 CEQA Compliance. On July 10, 1995, Are City Council certifted Environmental Impact Report No. 153 for the Project (the "EIR"). Before approving this Agreement, an 050996-10011 F3133I-= / 15774-1 • I • Addendum to the EIR was prepared and presented to the City Council and was approved by the City Council on 1996. The Addendum establishes that neither PC Text modifications nor changes to the Original Agreement will cause any sign{ftsant environmental impacts not previously considered and will not require any new mitigation measures. The proposed modifications represent minor technical changes to the Project. 1.6 Effect of Original Agreement. This Agreement is intended to modify the Original Agreement. The provisions of this Agreement which modify the Original Agreement are the only provisions intended to be modified. The use of a single document called an "amended agreement, " rather than the use of a list of modifications or amendments to be used in comparison to the Original Agreement, is intended to simplify future reference to this Agreement. Ile Effective Date of this Agreement remains the original Effective Date of the Original Agreement, August 23, 1995. The Approval Date remains July 10, 1995. 1.7 Effective Date of lfodii cations. The provisions of this Agreement which represent actual changes from the Original Agreement shall become effective on the effective date of the ordinance approving this Agreement. 1.8 Purpose of Agreement. This Agreement restates the intent of the Original Agreement as follows. a. Provide for the orderly transition of the land use on a property commonly known as • the "Loral Sate" from commercial/industrial uses to less intense residential uses. b. Establish the parameters of building height, density. location. and timing to minimize, to the extent reasonably feasible, any significant adverse impacts of Ford's proposed residential development on the environment. C. Provide the City with greater certainty that the project will be implemented as presently planned so that the City will receive L%—. substantial economic benefits projected by the project's fiscal impact study. d. Provide pub::c benefits to the City in excess of normal mitigation requirements in the form of (1) substantial fmancial assistance from Ford in resolving a long-standing traffic circulation issue in the Easibluff community, (2) financing by Ford of extraordinary environmental monitoring of site remediation, and (3) the provision of assurances by Ford with respect to the funding and/or provision of affordable housing urdts within the Cirv. 1.9 Authorization. This Agreement is authorized by, and is consistent with, the provisions of 65864 et seq. of the Government Code of the State of California. and Chapter 15.45 of the Newport Beach Municipal Code. • MOM- tai / P31331 -OM 1 15774.21 2 � 0 0 1.10 Interest of Ford. Ford is the leeal owner of approximately 98.1 acres of real property to in the City and more particularly described in Exhibit "A" (the "Property"). 1.11 Development of the Property. Subject to those conditions and mitigation measures identified in Environmental Impact Report No. 153 for Ford Land Newport (the "E1R") which were imposed by the City Council as conditions to approval of all or pan of the Development Plan, this Agreement authorizes development on the Property consistent with the Development Pian. 1.12 Condition of Site. At the time of the Original Agreement, the Property was occupied by buildings constructed over the last thirty years to house research, design, and industrial types of uses. Since the Approval Date and as part of the Development Plan, Ford has demolished the existing structures. Additionally, prior activities on the site have resulted in soil and groundwater contamination. Efforts to remediate these conditions, which would have been made by Ford with or without this Agreement, have moved substantially and positively forward since the Approval Date. 1.13 Proiect Benefits. While the landowner has the right to continue the presently permitted uses on the Property, existing circumstances present the City with the opportunity to establish, with the landowner's cooperation, new economically and environmentally viable uses on the Property. The proposed project presents a relatively unique opportunity to reduce the intensity of land uses occurring on the site. The EIR has demonstrated that the conversion of the existing research and development uses on the Property to residential uses will pro substantial benefits to the community through the improvement of environmental condiu related to traffic, air pollution, the potential for groundwater pollution, the consumption of non-renewable energy resources, and noise. Additionally, a review of the fiscal impacts of the proposed project indicates that the City will derive increased revenues from property and Wes tax as a result of the proposed project. 1.10 Planning Corn miss -ion /CitvCouncilHearings: nisAgreement. The Planning Commission, after giving appropriate notice, held public hearings to consider this Agreement and the newly proposed PC Text amendments (see Section 2.29 below) on _ . 1996. The City Council conducted public hearings on the proposed PC Text amendments and this Agreement on 1996. 1.15 Consistency. Like the Original Agreement, this Agreement is consistent with the various elements of the Newport Beach General Plan, the Development Plan, and other applicable ordinances, plans, and policies of the City. Also like the Original Agreement, this Agreement is also consistent with the purpose and intent of state and local laws authorizing development agreements in that it represents Ford's commitment to comprehensive planning, provides certainty in the approval of subsequent projects subject to compliance with conditions, reduces the economic costs of development by providing assurance to Ford that it may proceed with projects in accordance with existing regulations, and provides assurance 0503951001 f F31331 -OMI 1377131 3 • • 0 • to adjoining property owners that limits on the height of structures and amount of development as specified in the Development Plan. 1.16 Police Power. As tt did with the Original Agreement, the City Council has determined that this Agreement is in the best interests of the health, safety and general welfare of the City, its residents and the public, was entered into pursuant to, and represents a valid exercise of, the City's police power, and has been approved in accordance with the provisions of state and local law that establish procedures for the approval of development agreements. 1.17 City Ordinance. On July 10, 1995, the City Council approved the Original Agreement and conducted the first reading of Ordinance No. 95-27 approving and authorizing the City to enter into the Original Agreement. On July 24, 1995, the City Council completed adoption of the Adopting Ordinance. The Adopting Ordinance became effective on August 23, 1995. On . 1996, the City Council approved this Agreement and conducted the first reading of Ordinance No. 96-_ approving and authorizng the City to enter into this Agreement. On . 1996, the City Council completed adoption of this ordinance. 01 2.1 The "Adoptine Ordinance" refers to City Ordinance No. 95-27 adopted by the City Council • on July 24, 1995, authorizing the City to enter into this Agreement. 2.2 "Agreement" refers to this "First Amended Development Agreement Between the City of Newport Beach and Pacific Bay Homes. " The Agreement is also identified by the City as the City's Development Agreement No. 8. 2.3 "Annual Review" refers to the review of Ford's good faith compliance with this Agreement as set forth in Section 6. 2.4 The " Mroval Date" means July 10, 1995, the date on which the City Council voted to approve the Original Agreement and the prior Development Plan. 2.5 All forms of use of the verb "assizn" and the nouns "assi n�ment" and "assignee" shall include all contexts of hypothecations. sales, conveyances, transfers, leases, and assignments. 2.6 "CEOA" and the "CEOA Guidelines" refers to the California Environmental Quality Act and the CEQA Guideline promulgated by the Secretary of Resources of the State of California. 2.7 "City" refers to the City of Newport Beach, California. • 050996-10011 F31331mi115774.23 4 �3 2.8 "Council" refers to the City Council of the City. 2.9 "Cure Period" refers to the period of time during which a Default may be cured pursuant• Section 9. 2.10 A "day" or "days" refers to a calendar day, unless expressly stated to be a business day. 2.11 A "Default" refers to any material default, breach, or violation of the provisions of this Agreement. A "City Default" refers to a Default by the City, while a "Ford Default" refers to a default by Ford. 2.12 'Development Permit" means building permits, grading permits and other permits authorizing construction activity. 2.13 The "Development Plan" refers to (i) the General Plan (see Section 2.24), (ii) the PC Text (see Section 2.29), and (iii) the Tentative Map (see Section 2.33 below). 2.14 The "Effective Date" refers to the effective date of the Adopting Ordinance and is the effective date of this Agreement. The Effective Date is August 23, 1995. 2.15 The "E1R" refers to Environmental Impact Report No. 153 of the City of Newport Beach. 2.16 An "Estoppel Certificate" refers to the document certifying the status of this Agree D required by Section 6.6 in the form of Exhibit "". 2.17 An "Exhibit" refers to an exhibit to this Agreement. All Exhibits are incorporated as a substantive part of this Agreement. The Exhibits to this Agreement are: Exhibit A: Legal Description of the Property Exhibit B: Map of the Property Exhibit C: List of Project Conditions Exhibit D: Estoppel Certificate 2.18 "Existing General Regulations" means those General Regulations approved by the City on or before the Approval Date (irrespective of their effective date) and not rescinded or superseded by City action taken on or before the Approval Date. 2.19 Financing District. "Financing District" for purposes of this Agreement means any assessment district, special district, community facilities district, maintenance district, or other similar district, legal entity, or mechanism formed pursuant to the provisions of legislation in effect at the time the Financing District is formed. The purpose of a Financing District is to finance the cost of public improvements, facilities, maintenance, or services. W C'NS1001 1 F31331 -OMI 13T7/.31 5 • • Examples include districts formed under the Municipal Improvement Acts of 1911 and 1913 and the Mello -Roos Community Facilities District Act of 1982. 2.20 "Ford" refers to Pacific Bay Homes. a subsidiary of Ford Motor Company. 2.21 "Future General Regulations" means those General Regulations (see Section 2.23 below) adopted by the City after the Approval Date. 2.22 The "General Plan Amendment" means GPA -93-2(A) amending the general plan of the City as approved by the City Council on July 10, 1995. 2.23 "General Regulations" means those ordinances, rules, regulations, policies, and guidelines of the City, which are generally applicable to the use of land and/or construction within the City and include, the Fair Share Traffic Contribution Fee Ordinance, Uniform Building Codes and water and sewer connection and fee ordinances. 2.24 "General Plan" refers to the City's General Plan in effect on the Approval Date, plus all amendments to the General Plan adopted by the City on or before the Approval Date as part of the Development Plan. "General Plan" also shall include any general plan amendments affecting the Property or the Project which are adopted by the City and consented to, in writing, by Ford. 2.25 "Includes" and all contexts and forms of the words "includes" and "including" shall be interpreted to also state "but not limited to.' 2.26 "Mortgagee" refers to the holder of a beneficial interest under any mortgage, deed of trust, sale-leaseback agreement, or other transaction under which all or a portion of the Property, including those portions acquired by assignees, is used as security (a "Mortgage") or the owner of any interest in all or any portion of the Property under a Mortgage, including those portions acquired by assignees. 2.27 "Notice" refers to any written notice or demand between the Parties required or permitted by this Agreement. 2.28 The "Original Agreement" refers to the Development Agreement for the Project which was approved on July 10, 1995, and recorded on September 26, 1995. This Agreement modifies the Original Agreement. 2.29 The "Original PC Text Amendment" refers only to the "Aeronutrvnie Fond Planned Community District Regulation" as amended by the City Council on July 10, 1995. 2.30 The "Parties" refers to the City and Ford and a "Pam•" shall refer to either of the Parties. is W099661001 f F31331-=115774.2 6 \\ 11 • 2.31 The "PC Text' refers to the "Aeronutronic Ford Planned Community District Regulati as amended by the City Council on July 10. 1995, with the approval of Amendment No. S# and all subsegment modifications of the PC Text which are approved by the City Coun and Ford. 2.32 "Planning Commission" refers to the Planning Commission of the City. 2.33 The "Project" refers to the proposed development of the Property pursuant to the Development Plan and this Agreement. 2.34 The "PmpeM" refers to the real property described on Exhibit 'A" and depicted on Exhibit "B.' 2.35 The "Tentative Map" refers to the tentative tract map for Tract No. 14925 approved by the City Council on July 10, 1995, and any subdivision map approved by the City Council after the Approval Date which substantially conforms with the PC Text at the time of the map's approval. If a subsequent subdivision map (or maps) replaces or supersedes TTbf ,Va. 14925, the new map(s) shall be considered the Tentative :flap which is included within the Development Plan. 3. CONDITIONS TO DEi`ELOPNfENT. 3.1 Introduction. The provisions of this Section express the intent of the Parties regarding• extent to which this Agreement vests Ford's right to proceed with the development described in the Development Plan. Ford acknowledges that its right to proceed with development described in the Development Plan is subject to numerous conditions including the following: (a) The specific limitations and restrictions contained in the Development Plan; (b) Conditions and mitigation measures imposed by the City Council to mitigate significant effects identified in the EIR; (c) Conditions imposed by the City as a result of subsequent or supplement environmental analysis pursuant to provisions of CEQA and the CEQA Guidelines; (d) Compliance with the terms and conditions specified in this Agreement; and (e) Compliance with the Existing General Regulations. 3.2 Compliance with Development PI an Con ditions/Afitigat ion Mea sures. Ford acknowledges that City Council approval of the Development Plan and this Agreement was subject to compliance with numerous conditions and mitigation measures designed to minimize or asovssiooi i F31331-=/ isn4s1 • • eliminate the significant adverse effects of the Project and insure the health, safety, and welfare of nearby residents as well as residents of the proposed project. Pursuant to CEQA, many of these conditions and mitigation measures impose specific development standards and requirements to be implemented in conjunction with further study and analysis of site or subsurface conditions before certain specified development activity. In certain instances, these mitigation measures may exceed those which might otherwise be appropriate under "nexus" and "rough proportionality" tests. By entering into this Agreement, Ford agrees to be bound by and waives any protest any such project conditions. The conditions and mitigation measures adopted by the City Council are set forth in Exhibit C. 3.3 Compliance with General Regulations. Ford is required to comply with the Existing General Regulations. As to those Existing General Regulations which require the payment of fees, costs, and expenses, for a development application, the applicable fee, cost, or expense shall be that in effect on the date such an application is determined by the City to be complete. Ford shall also comply with any Future General Regulation that does not impair or affect its ability to develop the Property in accordance with the Development PIan. Ford shall also comply with all provisions of the Uniform Building Code, whether adopted before or after the Approval Date, which are in effect at the time applications for specific development permits are submitted. 3.4 Water Capital Improvement Charges. Section 14.33.040 of the City's Municipal Code provides for the payment of a "water capital improvement charge' for lands designated • pursuant to Section 14.33.030 of the Municipal Code. Section 14.33.040 of the Municipal Code relates only to system facilities that will be needed to serve an "undeveloped area." Because the Project consists of replacement of an existing use on a previously developed site which can be adequately served from existing City water facilities, Ford shall not be required to pay water capital improvement fees to the City. 3.5 Public Health and Safetv/Uniform Codes. This Agreement shall not prevent the City from either (i) adopting Future General Regulations (including uniform codes which are based on recommendations of a multi -state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building Code, Uniform Electrical Code, Uniform Mechanical Code or Uniform Fire Code) or (ii) imposing conditions inconsistent with the Development Plan on future discretionary approvals, where such actions directly result from findings by the City that those actions are necessary to avoid consequences which are injurious or detrimental to the public health and safety. This reservation of authority is subject to the following: a. City shall neither (i) refuse to issue or approve any application or permit nor (ii) apply to the Project or the Property any conditions or Future General Regulations if such action would prevent, preclude, delay, alter, or in any way affect (in a manner not satisfactory to Owner) the implementation of all or any portion of the Development • 050996-10D1 I F31331-002115774.21 8 Plan until the City Council makes a finding that such action is the only reasonab necessary means to correct or avoid such injurious or detrimental condition. b. Any such action taken pursuant to this Section shall apply only to the extent and for the duration necessary to correct or avoid such injurious or detrimental condition. 3.6 Environmental Remediation. Certain portion(s) of the Property will require environmental remediation before occupancy. Subject to all other provisions of this Agreement, occupancy permits shall be issued by the City for those portions of the Property if Ford has complied with Mitigation Measures 4, 5, and 6 set forth in Section 3.10 (Public Health and Safety) of the E13L 4. BENEFITS TO FORD. 4.1 Right to Develop. During the tens of this Agreement and subject to the provisions of Sections 3 and 5, Ford shall have a vested right to develop and receive occupancy permits ,or construction on the Property to the full extent permitted by the Development Plan, i:.:luding grading of the site as contemplated by the elevations shown on the Tentative Map, s!bject to: (a) compliance with CEQA, (b) the terms and conditions of this Agreement, (c) the City's grading ordinance in effect on the Approval Date, and (d) compliance with conditions imposed on any subdivision map submitted by Ford subsequent to the Effective Date, provided that the City may only impose subdivision map conditions which are (i) r=ssary to mitigate any significant adverse impact not identified in the E1R, (ii) neves to ensure compliance with the subdivision design and improvement standards of the Cit effect on the Approval Date, or (iii) necessary to make the findings required by the Subdivision Nlap Act. Subject to the provisions of this subsection and Sections 3 and 5, City :hall only take action which complies with and is consistent with the Development Plan and this Agreement unless Ford otherwise consents in writing. City shall not impose any condition or requirement (whether in the form of a fee, tax, requirement for dedication or reservation of land, or any other type of exaction) on the Project, except as expressly permitted by this Agreement or required (as opposed to permitted) by state or federal law. 4.2 Conflicting Measures. Except as expressly provided in this Agreement, no initiative measure. moratorium, referendum (except as provided in Government Code Section 65857.5), ordinance, statute or other provision of law which in any way limits or restricts development of the Property to the full extent permitted by the Development Plan and this Agreement (Including density, intensity, timing, phasing, and sequencing) shall be applied to the Property during the term of this Agreement. 4.3 Reservations or Dedications of Land. Except as expressly provided in this Agreement, no dedications or reservations of the Property shall be required of Ford in conjunction with the application or issuance of any permit authorizing development, construction, use, or operation of the Property. 05OW51,1001 r MU314c r 15M.21 9 �� • 4.4 TCA Credit. As a result of the reduction in traffic impacts generated by converting the Project site to less intense uses than presently exist, the Transportation Corridor Agencies (the "TCA") have acknowledged a credit to Ford in the amount of $3,436,966 in relation to the construction of the San Joaquin Hills Transportation Corridor. This credit shall be applied toward any Project fees otherwise payable to the City, the Transportation Comdor Agencies. or any other agency in connection with the construction of the San Joaquin Hills Transportation Corridor or any other transportation corridor for which fees are imposed upon development. if n this credit is larger than the Project's corridor fee obligation and (ii) Ford and the TCA enter into an agreement to allow Ford to sell or transfer any credits in excess of the Projects fee obligation, then the City shall not object to the sale or transfer of the credits on the terms set forth in that Ford/TCA agreement. 4.5 Fair Share Ordinance. As a result of the reduction in traffic impacts generated by the Project and the traffic improvements included within the Project, no fees shall be payable for tl:e Project under the City's "Fair Share" Traffic Ordinance. 4.6 Sewer Connection. The City shall provide sewer service to the Project through a connection to existing City sewer lines serving the adjacent Belcourt communities and the existing Loral site. City shall provide sewer facilities only to the boundaries of the Project and Ford shall pay any sewer connection or sewer sen•ice fees required by the Existing General Regulations. . 4.7 Storm Drains. The City shall provide drainage capacity to the Project by allowing connectiea to existing City storm drains. 4.8 Park Fees. The Project shall comply with all City park requirements through the payment of park fees in the amount of S6.897.37 per residential unit. Ford shall advance Five Hundred Thousand Dollars (5500.000) in park fees to the City within sixty days after lite Effective Date. The fees paid in advance shall be credited toward and satisfy park fees fcr the first seventy-three residential building permits issued for the Project. Thereafter, Ford shall pay $6897.37 per residential unit until all park fees required by this Agreement have been paid. These payments shall satisfy the City's Park Dedication Ordinance. No dedications or reservations of land except as expressly identified in the Development PL -1 shall be required of the Project. 4.9 Time for Construction and Completion of Projekt. Subject to the provisions of this Agreement and the Development Plan. Ford shall have the right to decide the timing, phasing, and sequencing of construction on the Property and shall be entitled to apply fcr, and receive timely approval of permits or approvals, at any time. 4.10 Extension of Tentative Map. To the extent permitted by law, the City shall extend through the term of this Agreement (pursuant to Government Code Section 66452.6) the Tentative • o3o"6-ioo1 7 Film omi!mcn to IIS 0 • Map (see Section 2.33 above) and all tentative subdivision maps applied for by Ford approo by the City in the future. 4.11 Phased Final Dlaos. As many as fom. phased final maps may be filed for each tentative tract map approved for the Project. 4.12 Development Standards. Because this Development Plan has been prepared to meet the unique design parameters of this Project, the City Council has determined that rigid consistency with the City's development standards for other areas of the City is neither necessary nor appropriate. Therefore, as to this Project. the provisions of the Development Plan and this Agreement shall prevail over any conflicting provision of any other City ordinance or resolution. 4.13 Fees. Taxes. and Assessments. The City shall not impose any additional fee, tax, or assessment on all or any portion of the Project or the Property, whether as a condition to a Future General Regulation or otherwise. except such fees, taxes, and assessments as are described in or required by this Agreement. Ford shall be responsible only for those fees, taxes, and assessments which presently are applicable to the Property under the General Regulations in effect on the Approval Date. Except as set forth in Section 4.8 above, the rates of such fees, taxes, and assessments shall be the rates in existence at the time said fees, taxes, and assessments are normally required to be paid to the City. 5. PUBLIC BLN'EFITS. Is 5.1 Reduced Impacts. This Agreement confers a substanral public benefit by converting an existing commerciallindustrial use to a less intense residential use. The E1R for the Project has established specific improvement in environmental conditions related to reduced potential for impacts arising from traffic, air pollution, the consumption of non-renewable energy resources, the potential for groundwater pollution, and noise. 5.2 Fiscal Benefits. The project's Fisml Impact Report projects that, at maximum Project but7dout, the City will receive net re:urring revenues of approximately $571,700 per year in constant 1995 dollars. The recurring surplus is based en projected annual Project revenues of S963,600 and projected annual costs of S391,000. 5.3 Affordable Housing. The City's Hcusing Element presently sets forth goals and strategies for providing housing units for very low, low, and moderate income housing ("Affordable Units"). The Housing Element requires residential developers to provide affordable units, either on-site or off-site, with the number of units contingent upon numerous factors including the presence or absence of development incentives, the extent of any financial contribution to the development by public entities, and the overall feasibility of providing affordable housing given the unique characteristics of the project. The Housing Element specifically Q5osys.lDDI / F31331 -OM / LM4.21 11 E • encourages the use of development agreement and expedited permitting to encourage the construction and occupancy of affordable housing projects. The City and Ford agree that this development presents a unique opportunity, possibly in combination with a Development Agreement between the City and one or more other developers, to construct affordable housing on vacant sites within the City using a unique public/private planning and financing process outlined in this Section: Affordable Housing Percentage. The Housing Element requires projects such as this to provide, to the extent feasible, units affordable to moderate income families and individuals equal in number to between 15% and 25% of the market rates units produced by the project. These units are to be provided for a minimum of twenty years. The City and Ford agree that the cost and delay attendant to environmental remediation of the Property, Ford's agreement to advance park fees, and the other public benefits provided by Ford under this Agreement make infeasible the production of affordable housing in excess of 15% of the total number of residential units constructed pursuant to the Development Plan. b. Task Team Participation / In Lieu Fees. The Original Agreement contained a requirement for Ford to satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford's affordable housing obligations under this Section. Since the Approval Date, • Ford has actively participated in the Task Team, which is implementing its original goals as set forth in the Original Agreement. The requirement contained in the Original Agreement remains in place and reads as follows. "b. Task Team Participation / In Lieu Fees. Ford shall satisfy its affordable housing requirements by participating in a "Task Team" to be established by resolution of the City Council to identify, evaluate, and implement one or more affordable housing projects to implement Ford 's affordable housing obligations under this Section. The Task Team shall consist, at a minimum, of a member of the City Council, a representative of Ford , and members of the City staff. The City Council also may appoint to the Task Team representatives of other property owners, builders, or persons experienced in the development of affordable housing. Ford shall make available to the Task Team its experience and expertise in land development upon reasonable request by the Task Team. 050"6-10011 F71331 -X^ 1 1574.21 The Task Team shall submit to the City Council a statement of goals and priorities within ninety days after the later of (i) the Effective Date or (ii) the appointment of the Task Team by the City Council. The Task Team shall have a single term of two years. unless extended by mutual agreement of the City and Ford. The Task Team shall report to the City Council no less than • 12 0 • once every ninety days after submittal of its statement of goals and priori The goal of the Task Team shall be to submit to the City Council, within years after the Effective Date, a report identifying one or more affordab e housing projects to be funded in whole or in part by Ford. If a project is identified and implemented, Ford shall contrbute 52,500,000 (less $5,000 for each of the 500 units allowed by the Development Plan which Ford agrees, in writing, not to build) toward the implemenntion of that project. Subject to Ford's ongoing participation in Task Team implementation efforts, payment of this sum will satisfy Ford's affordable bousing obligations. "c. Option If No Task Team Project If either (i) the City Council does not require Ford to financially contribute to implementation of a Task Team project as described in Subparagraph b above or (ii) the Task Team does not recommend implementation of an affordable housing project to satisfy Ford's affordable housing requirement, then Ford shall have the option, within sixty days after the term of the Task Team expires. to satisfy that requirement by notifying the City that it will either: L construct or rehabilitate offsite residential units within the City and make those units affordable to moderate income families or individuals for 20 years or more from the date of occupancy; or ii. pay an affordable housing in lieu fee of 55,500 for each residene building permit issued within the Project: or iii. construct fewer than the number of affordable units required under Subsection c(i) above and pay an affordable housing in lieu fee equal to: • 55,500 for every residentia! building permit issued for the Project minus • 536,000 multiplied by the number of affordable units constructed and/or refurbished by Ford. Under this option, Ford's affordable housing in lieu fee shall not be less than twenty percent of its total financial commitment.' 5.4 Environmental Monitorine. Due to existing soil and groundwater contamination on the Project site, before residential occupancy can occur on the site, Ford is required by law, as 050?9&10011 F313314M 1 15774.21 13 \� , ,—A . well as by the City's conditions and mitigation measures for the Project, to obtain approvals from other public agencies, such as the Regional Rater Quality Control Board and the Orange County Health Care Agency ("County Health'). By this Agreement, Ford also will pay for the cost of an environmental monitor to be retained by the City to review all Ford submittals to those agencies. Ford shall provide the monitor with copies of all submittals concurrently with their delivery to those agencies. Additionally, if requested by the monitor, Ford shall provide to the City the underlying data which supports Ford's request to County Health for a Health Risk Assessment of the Project site. The City may have either the monitor or another consultant review and independently verify the accuracy and validity of the Health Risk Assessment and analysis and conclusions and correspond, if needed, to County Health before its final action. The monitor shall not perform any independent collection of data. The monitor performing this function may be the same or may be different than the monitor performing the general overview described in the fust paragraph above. In performing either function, the monitor may r --port his or her findings to the City Council and the City Council, in turn, may tale av action it deems appropriate which is not inconsistent with this Agreement. The seleciion of the monitor and the data consultant and their scope of work shall be subject to the mutual approval of the City and Ford. Any inconsistency between this provision and any mitigation measure for the Project shall be • resolved in favor of the mitigation measure. 5.5 Eastbluff Traffic. The Eastbluff communin in the vicinity of the Project site has had a historical concern regarding the impact of through traffic on its streets. The EIR has concluded that the Project will not contribute sufficient through traffic to constitute a significant impact on this existing problem. Further, Ford has no legal obligation to correct the existing problem and the City has no auti:orinv independent of this Agreement to impose a condition requiring Ford to correct the exis.ing problem. Pursuant to this Agreement, however. Ford shall contribute to the solution to the ecisting traffic problem as follows: a. The determination of a solution shall be dependent upon an agreement between the Easibluff community and the City. b. If the "solution" costs $50.000 or less: L Ford will pay one -hundred percent of the total cost of the capital improvements/traffic studies (as opposed to long-term maintenance) of the solution as actually implemented: or If the "solution" costs more than 550.000: •050996-1001 I F31331-002 115774.21 11� � 14 �a • n L-A L Ford will pay one-third of the total cost of the capital improvements/t studies as actually implemented, with a minimum payment of S50,000 aW maximum payment of 575.000. C. Ford will not be required to make a deposit of funds until a "solution' actually is approved by the City for implementation. Any funds actually deposited but not used to implement the solution shalt be returned to Ford. d. If the City and the Eastbluff community have not agreed on a "solution' within one year from the Effective Date and the date for agreement has not been extended by Ford, this obligation shall terminate. e. If a lawsuit is brought by any person or entity challenging any of the Ford approvals on the basis of the Eastbluff traffic conditions and that lawsuit is not terminated within thirty days after service, the provision requiring Ford's contribution to the traffic solution will terminate. 5.6 Drainage. Concerns have been expressed in the public process regarding the impacts of the Project's drainage on nearby residential communities. The EIR has established that the Project will not have any significant drainage impacts on any other residential communities. Nonetheless, pursuant to this Agreement Ford will take the following actions: a. Upon formation of the Master Community Association, the conditions, covenants, restrictions will provide that: i. All structures shall have gutters and downspouts; U. The Isfaster Association shall routinely maintain the onsite storm drain system to facilitate proper operation of the system: and iii. The submittal of landscape plans for each individual lot shall provide that water from downspouts will be transported to the street through an appropriate collection system. b. The Project site will be graded so that surface drainage will flow to the streets where it will be collected and channeled into a closed storm drain system. 5.7 Belcoun Terrace Landscape Screen. This Agreement as originally recorded on September 26, 1995, contained a Section 5.7 which imposed certain obligations upon Ford with respect to the establishment of a landscape screen along the boundary of the Property and the Belcoun Terrace project adjacent to the Hillsdale Drive boundary wall. Since the recording of the Agreement, that condition has been satisfied by the signing of a Landscape Screening 0509961001 7 r313314M 1 1577111 15 �Ip • E 0 0 Agreement between Ford and the Belcourt Terrace Homeowners Association (the "Association "). " 6. ANN LIAL RELATE«'. 6.1 City and Ford Responsibilities. At least every twelve (12) months during the Term, the City shall review Ford's good faith substantial compliance with this Agreement (the "Annual Review"). after the Annual Re%iew, the City's finding of good faith compliance by Ford shall be conclusive for the purposes of future Annual Reviews or legal action between the Parties. Either Party may address any requirements of the Agreement during the Annual Review. However, fifteen (15) days' written Notice of any requirement to be addressed shall be made by the requesting Pam. If, at the time of the review, an issue not previously identified in writing is required to be addressed, the review shall be continued for no more than sixty days at the request of either Party to afford sufficient time for analysis and preparation of a response. 6.2 Ooportunitv to be Heard. Ford shall be permitted an opportunity to be heard orally and in writing at any noticed public he:. -ng or meeting related to the Annual Review. 6.3 Information to be Provided to Fe -d. The City shall mail to Ford a copy of the staff report and related exhibits concerning -agreement performance a minimum of fifteen (15) days before the Annual Review. 6.4 Mitigation Monitoring. The An. --_J Review shall include an analysis of compliance with the various conditions and mitieatioc measures contained within the mitigation monitoring plan. Ford shall be found in compliant: with this Agreement unless the City Council determines, based upon the evidence presented at the Annual Review, that Ford has not complied with one or more mitigation measures or conditions including those imposed as a result of subsequent environmental analyses. applicable to the grading of, and building on, the Property as of the date of the Annual ReN'.ew. 6.5 Review Letter. a. After Finding of Comp:?_nce. If Ford is found to be in compliance with the Agreement after the Anc.:•al Review, the City shall issue, within ten (10) days of Ford's written request. a letter to Ford stating that the Agreement remains in effect and Ford is not in Default. b. After Cure of Default. If Ford is found to be in Default under this Agreement at the Annual Review, but subs,quently cures that default in the manner provided by this Agreement, the City shat issue, within ten (10) days of Ford's written request, a letter to Ford stating that t a Agreement remains in effect and Ford is not in Default. 05099&1001 r F31311 -OM f 15221.21 16 �a I-. 0 0 6.6 EstopXl Certificate. Either Party may at any time deliver written Notice to the other P requesting an estoppel certificate (the "Estoppel Certificate") stating: 0 (a) The agreement is in full force and effect and is a binding obligation of the Parties. (b) The Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments. (c) To the best of the signing Party's knowledge, no Default in the performance of the requesting Party's obligations under the Agreement exists or, if a Default does exist, the nature and amount of any Default. A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. The Planning Director may siert Estoppel Certificates on behalf of the City. An Estoppel Certificate may be relied on by assignees and Mongagees. The Estoppel Certificate shall be substantially in the same form as Exhibit "D." 6.7 Failure to Conduct Annual Review. The City's failure to conduct an Annual Review shall not constitute or be asserted by the City as Ford's Default. 7. G1=\-ER3,L PRON'ISIO\S. Ite7.1 Effective Da -e. This Agreement and the obligations of the Parties shall be effective as of Effective Date. However, this Agreement shall bind the Parties as of the Approval Date, subject only to the Adopting Ordinance becoming effective pursuant to California law. 7.2 Term of A_-eement. The term of this Agreement (the "Term") shall begin on the Effective Date and cominue for twenty-five (25) years unless otherwise terminated or modified pursuant to this Attreement. 7.3 Assit!nment. Ford has the absolute right to assign (see Section 2.5) its rights and/or delegate its obligations under this Agreement as part of an assignment of all or a portion of the Property.: arty assignment shall be subject to the provisions of this Agreement. As long as Ford owns a.,y part of the Property. Ford may assign the benefits of this agreement without delegating t: a obligations for the portion of the Property assigned. If that occurs, however, the benefits assigned shall remain subject to the performance by Ford of the corresponding obligations. Where an assignment includes the delegation of the corresponding obligations, those obligations become solely the obligations of the assignee. If an assignee is in Default, then as to Ford or any assignees not in Default, the Default shall not constitute their Default, give 05,8961001 l F31331-=1 15774.21 • 17 0 0 • grounds for termination of their rights under this Agreement or be a basis for an enforcement action against them. Under no circumstances, shall Ford be relieved of its obligations under Sections 5.3, 5.4, 5.5, and 5.6. 7.3 Amendment of Agreement. (a) Subject to the provisions of Subsection (b), this Agreement may be amended from time to time by the mutual consent of the Parties. or their successors in interest, but only in the manner provided by the Government Code and this Agreement. After any amendment, the term "Agreement" shall refer to the amended Agreement. (b) The City Council shall not approve, and Ford shall not request, any amendment to the provisions of the Development Plan or this A_gtreement that would increase the maximum permitted gross floor area or the maximum permitted building height above that established as of the Effective Date of this Agreement. This Subsection shall prevail over any conflicting ordinance. resolution. policy or plan adopted by the City Council. 7.5 Enforcement. This Agreement is enforceable by each of the Paries and their respective successors and assigns. . 7.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the twenty-five (25) year term: (b) Completion of the Project in accordance with the Development Plan and the City's issuance of all occupancy permits necessary to fully implement the Project, the acceptance of all dedications required by this A_z=ment, and the satisfaction by Ford of its obligations under Sections 5.3. 5.4. 5.5, and 5.6 above. (c) Entry, after all appeals have been exhausted, of a frnai judgment or issuance of a final order directing the City to set aside, withdraw, or abrogate the City's approval of this Agreement or any material part of the Project: or. (d) The effective date of a Parry's election to terminate the Agreement as provided in Section 9.3 of this Agreement. 0 05099610011 F31331 -OM 1 15774.31 is 8. CONFLICTS OF LAW. 8.1 Conflict with State and Federal Laws and Regulations. Where state or federal laws* regulations prevent compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations and the modified Agreement shall remain in effect, subject to the following: (a) the City shall not request modification of this Agreement pursuant to this provision unless and until the City Council makes a finding that such modification is required (as opposed to permitted) by state and federal laws or regulations; (b) the modifications must be limited to those required (as opposed to permitted) by the state or federal laws; (c) the modified Agreement must be consistent with the state or federal laws or regulations required modification or suspension: (d) the intended material benefits of this Agreement must still be received by each of the Parties after modification; (e) neither the modification nor any applicable local. state, or federal laws or regulations, may render the modified Agreement impractical to enforce; and • (f) Ford consents in writing to the modification. Ford shall have the right to seek judicial review of any proposed modification to ensure compliance with this Section. 9. DEFAULT, REMEDIES AND TER_-%M�ATION. 9.1 General Provisions. In the event of a Default (see Section 2.11), the Party alleging a Default shall give the other Party a written Notice of Default. The Notice of Default shall specify the nature of the alleeed Default, and a reasonable manner and sufficient period of time (not less than thirty (30) days) in which the Default must be cured (the "Cure Period"). During the Cure Period, the Party charged shall not be considered in Default for the purposes of termination of the Agreement or institution of legal proceedings. If the alleged Default is cured within the Cure Period, then a Default shall be deemed not to exist. 9.2 Option to Institute Legal Proceedings or to Terminate. If an alleged Default is not cured within the Cure Period, the noticing Party must give the defaulting Patty a Notice of intent to terminate the Agreement if that Party intends to terminate the Agreement. Within thirty 050"6-10011 F31331 -W-21 15'14.71 19 0 0 • (30) days after giving of the Notice, the City Council shall hold a public hearing in the manner set forth in Government Code Sections 65865,65867, and 65868, as amended, to consider and review the matter. This hearing shall utilize the procedures outlined for the Annual Review in Section 6 above. 9.3 Notice of Termination. After the City Council hearing described in Section 9.2, the Party alleging the Default, at its option, may give written Notice of termination of the Agreement to the other Party and the Agreement shall be terminated immediately upon giving the Notice. A termination shall be valid only if good cause exists and clear and convincing evidence was presented to the City Council to establish the continued existence of a Default after the Cure Period. The findings of the City Council as to the existence of a Default shall have no weight in any legal proceeding brought to determine the existence of a Default. The validity of any termination may be challenged pursuant to Section 11. 17, in which case the court shall render an independent judgment as to the existence of a Default and good cause for termination. Termination may result only from a material Default of a material provision of this Agreement. 9.4 Waiver. Failure c, delay in giving Notice of Default shall not waive a Parry's right to give future Notice of the same or any other Default. 9.5 Default by Ford. Subject to and after termination of this agreement in compliance with Sections 9.1 through 9.3, if Ford Defaults, the Cin• shall have no obligation to perforin any • of City's obligations under this Agreement (as opposed to the City's obligations under the Development Plan and the General Regulations), unless otherwise ordered by a court of law. The City's election not to perform as permitted by this provision shall not constitute a Default. 9.6 Default by the City. Subject to and after termination of this Agreement in compliance with Sections 9.1 through 9.3, if the Citv Defaults, Ford shall have no obligation to perform any of Ford's obligations under this Agreement, unless otherwise ordered by a court.of law. Ford's election net to perforin as permitted by this provision shall not constitute a Default. 9.7 Specific Performance. The Parties agree that the loss by either of them of their respective rights under this agreement may not be compensable through monetary damages. Therefore, the remedy for a Default for each Party shall be limited to specific performance and/or injunctive relief. This provision applies only to actions related to the Parties' performance under this Agreement and does not limit the remedies of either Parry under any other provision of law. • 050"6-10011 F31331.= i 15V4.21 20 7P 1/6 0 E 10. ENCU.\fBRA.\CES A.\'D RELEASES ON PROPERTY. 10.1 Discretion to Encumber. Ford may encumber all or any portion of the.Property in manner. The City acknowledges that lenders providing financing may require technical modifications to the Agreement which do not materially alter the intent of the Parties. The City agrees to meet, upon request, with Ford and/or lenders to negotiate in good faith any lender request for modification. The City agrees to not withhold unreasonably its consent to such modification, provided the proposed modification does not materially alter the terms and provisions of this Agreement, the obligations imposed upon either Patty, or the benefits received by either Party. 10.2 Entitlement to written Notice of Default. Any Mortgagee and its successors and assigns, upon written request to the City, shall be entitled to receive from the City a•tstt.-n Notice of any Ford Default at the same time Ford is provided with Notice pursuant to Section 6.1. 11. NITSCELLA.\-EOtiS PROVTSIONS. 11.1 Notices. All Notices (see Section 2.27) shall be written and delivered by pe:�orfl delivery (including Federal Express and other commercial express deliver%. ser%i:-s providing acknowledgments or receipt), registered, certified, or express mail, or te:_—ram to the addresses set forth below. Receipt shall be deemed complete as follows: (a) For personal delivery, upon actual receipt; 11 (b) For registered, certified, or express mail, upon the delivery date or ane=:;e<i delivery date as shown on the return receipt: and Notices shall be addressed as follows: To the City: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Attention: City Attorney Attention: Planning Director To Ford : Pacific Bay Homes Artn: Karin T. I:rogius 18400 Von Karman, Suite 900 Irvine, California 92715 05:9561001 : F31331 -M' I I5774.21 21 With a copy to: 0 Tim Paone Paone, Callahan. McHolm & Winton 19100 Von Karman, Sth Floor P.O. Box 19613 Irvine, CA 92713-9613 The addresses to which Notices shall be sent may be charged by giving Notice of a new address. 11.2 Enforced Delay: Extension of Time of Performance. Neith:r Party shall be deemed to be in Default where delays or non-performance are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, oil spills, casualties, a= of nature, unavailability of materials, governmental restrictions imposed or mand-ed by governmental entities, suspension of rights in accordance with the existence of unfemseen circumstances, litigation. or similar bases for excused performance. An extension of time for performance shall be deemed granted for the period of the delay. or longer as rr-y be mutually agreed upon. 11.3 Severability. If any material pan of the Agreement is four f by a court to be invalid, void. or illegal, the Parties shall modify the A_sTeement to imp:ement the original intent of the Parties. These steps may include the waiver by either of the Parties of their right under the unenforceable provision. If, however. the Agreement ck',ctively cannot be modified to implement the original intent of the Parties and the Pam substantially benefitted by the material provision does not waive its rights under the unez+orceabie provision, the entire Agreement shall become void. For purposes of this Si -.n, and without excluding the possible materiality of other provisions of this Agreement. aJ provisions of Section 4 and 5 are deemed "material." 11.4 Entire Agreement. This Agreement constitutes the entire u7derstanding and Agreement of the Parties regarding the subject matter of this Agreement. This Agreement supersedes all negotiations and previous agreements between the Parties r:;arding that subject matter. 11.5 Waivers. All waivers of the provisions of this Agreement mast be in writing and signed by the Party making the waiver. 11.6 Incotdroration of Recitals. The Recitals set forth in Section 1 are part of this Agreement. 11.7 Covenant of Good Faith and Fair Dealing. Neither Party s •a1 do anything which shall have the effect of harming or injuring the right of the other Pa.:;- to receive the benefits of this Agreement. • 0509W 1001 1 F31331-=1 1"4.11 22 ,X 11.8 Covenant of Cooperation. The City shall help Ford obtain any permits from either the City or other public agencies which may be re-quired for development of the Project or as a of any modifications, suspensions, or alternate courses of action allowed by this Agree Ford may challenge any such ordinance. measure, moratorium, or other limitation in a court of law if it becomes necessary to pret:ct the development rights vested in the Property pursuant to this Agreement. 11.9 Further Actions and Instruments. Open the request of either Panty, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.10 Successors and Assigns. Subject to Se, -ion 7.3 above, the burdens of this Agreement shall be binding upon, and the benefits of E!:-- Agreement inure to, all successors -in -interest and assiens of the Parties. 11.11 Construction of Agreement. All langt__e in all pans of this Agreement shall be construed as a whole and given its fair meaning. The captions of the paragraphs and subparagraphs are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. This Agreement is not intended to impermissibly contract away the legislative aid governmental functions of the City, and in particular. -.he City's police powers or to surrender or abrob the City's governmental powers over t:.: Property. 11.12 Authority to Execute. The person exec_ting this Agreement on behalf of Ford warrants and represents that he/she has the author.-: to do so and the authority to bind Ford to the performance of Ford's obligations und;: this Agreement. 11.13 Consent. Any consent required by the Parties in carrying out the terms of this Agreement shaU not unreasonably be withheld. 11.14 Effect on Title. This Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agree=ent has terminated. 11.15 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records o: Orange County no later than ten (10) days after the Effective Date. The recordation of this agreement is deemed a ministerial act and the failure of the City to record the Agreement as required by this Section and Goverrvent Code Section 65868.5 does not make the Agreement . oid or ineffective. 11.16 Institution of Legal Action. In additiez to any other rights or remedies, either Party may institute legal action to cute, correct, or r:medy any Default, to enforce any provision of this 05049&10011 F31331-=113774.21 • .1� 1 �l Date: Agreement, to enjoin any threatened or attempted violation of this Agreement, to recover damages for any Default, or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Superior Court of the County of Orange, State of California. or in the Federal District Court in the Central District of California. 11.17 Attorneys' Fees. In any arbitration, quasi-judicial, administrative, or judicial proceeding between the Parties initiated with respect to this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs, expenses. and disbursements in connection with such action. 11.18 No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement or to any provision of this Agreement, including the public benefit provisions of Section 5. 1996 • Date: , 1996 0 0509961001 I F31331-= 7 15T74.I1 CITY OF NEWPORT BEACH M ;Mayor PACIFIC BAY HOMES 24 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY • P.O. BOX 1768, NEWPORT BEACH. CA 92658.8915 (714)644-3131 June 11, 1996 Cathy Young Paone, Callahan, McHolm & Winton 19100 Von Karman Avenue 8th Floor P.O. Box 19613 Irvine, CA 92713-9613 Re: Tatest Draft of Pacific _ay (Ford) Development Agreement Dear Cathy: I have no prc'clem with the modifications tc the Pacific Bays :Homes :evelecment Ac=eement. • cc: Sharon Wood Patti Temple -b%ycung.lcr Very tri:_y y::-rs, [R Robert ... S_=nham Cit'-- CC: it 3300 Newport Boulevard. Ne%N-Dort Beach 0 0 • RESOLUTION NO._ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NENVPORT BEACH RECOMMENDING CITY COLICIL APPROVAL OF THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO.8 WHEREAS, the State Legislature and the City Council have determined that the lack of certainty in the approval of de%elopment projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to .he public; and WHEREAS, the assurance that an a--!icant may proceed with a project in accordance with existing policies. rues and regula:'.or:s. and subject to conditions of approval. %till scren_thcnthe public planning process. encouragepanicipationin comprehensive planning. and reduce the economic costs of de%e:opment; and • NVHE•REAS. Califomia Go% ernmert Code Section 6>864 et seq. authorizes cities to enter into de%elopment agreements %%ith any person having a legal or equitable interest in real proper,% for the development of the pr.^^pertv; and WHEREAS. Chapter 15.45 of the Ne%%Fon Beach Municipal Code provides requirements and procedures for the amendment of de%e:op:nent agrcements;and WHEREAS, the First Amendment to De%elopment Agreement No. 8 has been prepared in compliance with state la%% and the Newport Beach Municipal Code; and WHEREAS, in compliance with stare la%% and city ordinance,a duly noticed public hearing was held by the Planning Commission to consider the First Amendment to Development Agreement No. 8; and WHEREAS, the Planning Commission finds that the Amendment is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and WHEREAS, the Planning Commission finds that said Amendment is in conformance with the Newport Beach General Plan; and • WHEREAS, the adoption of the Development Agreement Amendment will not preclude the City from conducting future discretionary reviews in connection with the project, nor rl would it prevent the Cite fre-n i-t+sir._ ;: -'.itions or requirements to mitigate significant impacts identified in such reviews pro% i..ed that t:.e measures do not render the project infeasible. NOW, THEREFORE. BE 1T RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends C'7 Council approval of the First Amendment to Development Agreement No. S. ADOPTED this 20ih +,a: of June , 1965, by the following vote, to vvit: AYES ABSENT BY M TOD W. RIDGEWAY CHAIR -MAN MICHAELC. KRA\ZLEY SECRETARY Attachment: Exhibitl: First Amendmer.::,De%e:r-.entAgreement No -8 PLT:. c:'msomcE.tt't%V0F D K n:S-D35 0.1' • • 0 • RESOLUTION NO. 0 A RESOLUTION OF THE PLANNING COMMISSION OF Tl-= CITY OF NE\\PORT BEACH RECOMMENDLNG APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO Tl -a PLANNED CO\LMUNITY DISTRICT REGULATIONS AN`� DEVELOPMENT PLAN FOR THE AERONLTRONIC FOR PLANNED COMMUNITY (PLANNING COMMISSION AMENDMENT NO.8a8) WHEREAS. as part of the development and implementation of the Ne:.portBeach General Plan the Lard Use Element has been prepared: and WHEREAS. the Newport Beach \tunicipal Code provides spec'` _ e-xedures for ,..e implementation.:: Planned Community tonin. for propecies within the ---.7.. of Newport B:_...: and 1\'HE3EAS. the proposed Planned Community District RquL•tic _ e consistent i• r t!w Newport B. --z'- General Plan: and WHEREAS. an Environmental Impact Report has been precious:, verified for the project consistent ui:.; the California Enx ironmemal QualitJ- Act (CEQA) a.:d _.e State CEQA Guidelines. and the information contained therein is considered adequate - _`,e proposed amerdrn—nisto this P:anned Community Text. NO\\. THEREFORE, BE IT RESOLVED that the Planning C;—ssion of the Cit of Newport Beach does hereby recommend to the City Council at,, a.:rr_ment to the Aeronuttonic Ford ?:tinned Community District Regulations and Deyelopmer: ?:_. as attached hereon as Exhibit 1. ADO?TEDthis 20th dayof June .1962,bythe following%r:e.;:%it: r1f,V. • 0 AYES, • NOES� ABSENT BY Tod CHAIRMAN Michael C.K=zlev. SECRETARY Attachment:Ex3libit I P1.1 C %ISO! 4 \;k URD PC AMD %;-' fa: I DOC m • CITY OF NEWPORT BEACH • aE" °�. Meeting Date: COM?fUNITI'ANDECONOMIC DEVELOPMfNT Agenda Item No.: J- C PIA.%`%* %G DEPAXTMEN-r Staff Person: �. 33o NEt170RT BOULEVARD .4EWPORT BEk<X CA 9:658 Council Review: (714) 644-3 FAX (74) 44-1:5o REPORT TO THE PLANNING COMMISSION PROJECT: Pacificllat•Homes 2300 Jamboree Road June 20, 1996 8 Patricia L. Temple (714) 644-3200 automatic PURPOSE OF APPLICATION: Amendments to Development Agreement No. 8 and the Aeronutromc Ford Planned Community to revise and refine the definitions and development standards for planning area 4 (Ford Land Development). The changes «ill reduce the permitted number of dwellings units from 500 to 450 and provide development standards for a detached single-family development. • Proposed Changes and Additions to the Planned Community Text and Development Agreement: Staff and the applicant have noted some errors and omissions in the package distributed to the Planning Commission, as follows: 1. Attachment 1 to this report is the land use map inadvertently omitted from thhe Planned Community Text. 2. Attachment 2 is the Statistical Analysis for Area 4, which contained errors in the Boss acreage limits for Subareas 4C and 4E. The dwelling unit limits are the same. 3. Section 1.5 of the Development Agreement (hand written page 4546) should he revised to read: "CEOA Compliance. On July 10. 1995. the City Council certified Environmental Impact Report No. 153 for the Project (the "EIR"). All significant environmental concerns for the proposed project have been addressed in a previously certified Environmental Impact Report (SCH 994011022), and the City of Newport Beach intends to use that report for the project under consideration, and there are no additional reasonable alternative or mitigation measures that should be considered in conjunction With said project.' • 4. Certain private street standards listed on PC Text page 24 (hand written page 37). should be eliminated, due to recent refinements to the Tentative Tract Map. These are items D. 7. c., d., and g (which is erroneously listed as "e'). These standards were not acceptable to the Public 0 Works Department and where eliminated from the subdivision_ design, and were inadvertently • left in the draft PC Text. Attachment 3 shows the proposed changes. PLANNING DEPARTMENT Patricia L. Temple Director Attachments: 1. Area 4 Land Use Map 2. Revised Statistical Analysis for Area 4 3. Revised Page 24 of the PC Text. 9 • FIRST A.MENDStENT TO DEVELOPMENT AGREEMENT NO. 8 AMENDMENT NO. 848 Jme 20.1996 Page 2 0 Attachment 1. AERONUTRONIC FORD/BELCOURT PLANNED COMMUNITY Planning Department Advance Division 5-30-1995 • FEV. 2 -13 -IM 0 B. Statistical Afigh-sli for Planning Area 4 0 Attaciment 2. 100.5" 4-550 Mix The ... number of acres reected in this column represents I file marLmum that Cm ble includedIt4tlAn- Oily specz c:SU&Wea. Suha) , va boundaries are untended. to he flexible within the ii.xrbnuiiiac:re.. .... .... .. .. . Note: " sia,fisfics self(ordifor 'Planning Area' 4and i1i Subarvaiare intended to p for allocation of residential units behveen the &W&i�and to reflect diiror mijusm :.;I.',.. mm boiaicbii'isj:bhsubdir&6nmL?P.Tric6idedasdeieiopjn::etztprogresses. ne"&Afaxinu reflects a M; num nianbei of 4.56 residentialunits .1psidentialArea 4 ner th t1w, DU or the 'indhidual Subareas is ,, p ii� , c . h greater than 450. Thisa-70 in aSSIgnInglInItS IL'Ithin the, Subareas while maintaining mi ort.+atl cap on the total 053196-1551 / F3031-002 ; "925.27 19 0 0 Maximum iGr'b*SS I%fgtvl am Subareas Acres DUI 4A 34 286 49 19. 87 4C 12 40 4D 26 119 4E 36 140 100.5" 4-550 Mix The ... number of acres reected in this column represents I file marLmum that Cm ble includedIt4tlAn- Oily specz c:SU&Wea. Suha) , va boundaries are untended. to he flexible within the ii.xrbnuiiiac:re.. .... .... .. .. . Note: " sia,fisfics self(ordifor 'Planning Area' 4and i1i Subarvaiare intended to p for allocation of residential units behveen the &W&i�and to reflect diiror mijusm :.;I.',.. mm boiaicbii'isj:bhsubdir&6nmL?P.Tric6idedasdeieiopjn::etztprogresses. ne"&Afaxinu reflects a M; num nianbei of 4.56 residentialunits .1psidentialArea 4 ner th t1w, DU or the 'indhidual Subareas is ,, p ii� , c . h greater than 450. Thisa-70 in aSSIgnInglInItS IL'Ithin the, Subareas while maintaining mi ort.+atl cap on the total 053196-1551 / F3031-002 ; "925.27 19 0 0 0 0 0 0 Attachment 3. TFANg AM beAFn P SO%) SW be se desin—ed &40��� Aef efLhe t--i—ea; eellis atee as epen speee 1 -he Neft--�--. eeligh; end eir to Private Street, Rear Access Drive. and Flag Lot Driveway Standards Pn'v"a't*eSt'="-U-A— — Diivii within residential development shall be a minimum of . ...... "'-3 feet in width with parking allowed on ene side. 5-11daEd Ma5' be afff9i,-edi h. ibiiry-two (32) fit in itidtl3 With pa Sino allowed on obe and .....side.............. ... Tv c . ni . y 1.1(2 . 0 1 f ) 1. feet d :r1or . Primm- . r -'CS' ' ="%In Fl I:o't' D'r hi'i'�iY's; ... I..,..,,., ....... ....... Access ..Dh —. —.� ... � .. .... ..... ....... . scr%Mg no more than '4 dwelling units. e. The H41-%Uffi Mid6� fna)- be FedbiCed le 16 Pe; a.. dfiws sening a sin& ling wk dwel - Sixteen (16), feet for Pfimwry Access Deities, in:616ding Flat. Lot Dj I- - senuig no more Lilian 2 dwelling units..... . ..... Drives of 20 or 16 feet as pro%ided for -the above shall be increased to a minimum width of 26 feet if seeing a common parking area. Real Access Dines,shall be . .m.... mw i. , .=. o... -.. - ........... . R ............... ......... 05319615S3 I F'31331-002144925." A3 24 • 0 RESOLUTION NO, 1436 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOb4MENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE PLANNED COMMUNITY DISTRICT REGULATIONS AND DEVELOPMENT PLAN FOR THE AERONUTRONIC FORD PLANNED COMMUNITY (ZONING AMENDMENT NO.848) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the proposed Planned Community District Regulations are consistent is with the Newport Beach General Plan; and WHEREAS, an Environmental impact Report has been previously certified for the • project consistent with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, and the information contained therein is considered adequate for the proposed amendments to this Planned Community Text. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend to the City Council an amendment to the Aeronutronic Ford Planned Community District Regulations and Development Plan as attached hereon as Exhibit 1. • • ADOPTED this 20th day of June . 1996, by the following vote, to ivit: . BY /s/ Tod W. Ridgeway, CHAIRMAN BY /s/ Michael C. Kranzley, SECRETARY Attachment: Exhibit I PLT:..C: WSOFF10E1 W INWORDIPCVAMDAS4BRES.DDC AYES Thomson. Gifford. Adams, Kmnzia, Selich NOES none AB SENT Ridmvay. Pomerov ' `\5 i • RESOLUTIONNO. 1435 A RESOLUTION OF THE PLANNING COMMISSION • OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENTNO. 8 WHEREAS, the State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS. the assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cess of development; and WHEREAS. California Govemment Code Section 65864 et seq. authorizes cities to • enter into development a_ —,mens with any person having a legal or equitable interest in real property for the development of the property; and WHEREAS. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and WHEREAS. the First Amendment to Development Agreement No. 8 has been prepared in compliance with state law and the Newport Beach Municipal Code; and WHEREAS. in compliance with state law and city ordinance, a duly noticed public hearing was held by the Planning Commission to consider the First Amendment to Development Agreement No. 8; and WHEREAS. the Planning Commission finds that the Amendment is in compliance with the California Enviromnental Quality Act and Guidelines promulgated thereunder; and WHEREAS. the Planning Commission finds that said Amendment is in �conformance with the Newport Beach General Plan; and WHEREAS. the adoption of the Development Agreement Amendment will not la� preclude the City from conducting future discretionary reviews in connection with the project, nor 6 would it prevent the City from imposing conditions or requirements to mitigate significant impacts • identified in such reviews provided that the measures do not render the project infeasible. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends City Council approval of the First Amendment to Development Agreement No. 8. ADOPTED this 20th da}- of June 1996, by the following vote, to wit: AYES Thomson. Gifford. Adams. Kranzlev, NOES none ABSENT Rideeway.Pomerov • BY /s/ TOD W. RIDGEWAY CHAIRMAN BY /s/ MICHAEL C. KRAIJZLEY SECRETARY Attachment: Exhibitl: First Amendment to Development Agreement No. 8 PLT:..C:�MSOFFICE� W M W ORD',PPRES•DAS.DOC 1Al On Notice AFFIDAVIT OF POSTING I posted on the property A Date'of Hearing: 7-. a —g?l� ` AKOTTCE OF PUBLIC HEARING 0 NOTICE IS HEREBY GIVEN that the City Council of the.City of Newport Beach will hold a public hearing on the application of Pack Bay Homes for Ordinance No. 96-26 (First Amendment to Development Agreement No. 8) and Amendments to the Aeronutronic Ford Planned Community (Zoning Amendment No. 848), on the property located at 2300 Jamboree Road. Amendment to Development Agreement No. 8 and the District Regulations consistent with General Plan Amendment No. 93-2(A), to include: a reduction in the number of allowed dwelling units from 500 to 450 within Area 4; change Area 4 permitted uses from Industrial/Research and Development to Residential uses; establish development standards for Area 4; establish site plan review and use permit requirements for specified uses; establish private street standards; and to establish specific sign standards and criteria. Notice is hereby given that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document. The City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 6443200. NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on the 22nd day of July 1996 at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. &6��M.�J LaVonne M. Harkless, CMC/AAE City Clerk City of Newport Beach �IVOTTCE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Pacific Bay Homes for Amendment No. 848 and Development Agreement No. 8 on property located at 2300 Jamboree Road. Amendment to Development Agreement No. 8 and the Aeronutronk Ford Planned Community Distric4 Regulations consistent with General Plan Amendment No. 93-2(A). to include: a reduction in the number of allowed dwelling units from 500 to 450 within Area 4: change Area 4 permitted uses front Industrial/Research and Development to Residential uses: establish development standards for Area 4: establish site plan review and use permit requirements for specified uses: establish private street standards-, and to establish sneciffc sign standards and criteria. NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have been addressed in a previously certified environmental document, and that the City of Newport Beach intends to use said document for the above noted project, and further that there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Department, City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92659-1768 (714) 644-3200. Notice is hereby further given that said public hearing will be held on the 6th day of June 1996 at the hour of 7_„30 p.m. in the Council Chambers of the Newport Beach City hall, 3300 Newport Boulevard, Newport Beads California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 6443200. Mrcbael C. Kran0ey, Secretary, Planning Commission, City of Newport Beach NOTE: The expense of this notice is paid from a filing fee collected from the applicant. 9 Li APN: 440-035-:3 fa• Eugenia T. Kirc-ter 2647 Basswood St NewportBeach ZA ::"--4107 APN: 440-055--3 fa• Nada•: Kalai 2664 Basswood S- Newport Beach Cn APN: 442-041-L" -`a• Mariners Churc't 1000 Bison Ave Newport Beach Z.; APN: 442-311-4= fa• APN: 440-034-43 fa- APN: 440-035-02 fa - Sally J. Shipley John T. Kerr 2646 Basswood St 2641 Basswood St Newport Beach CA 92660-4106 Newport Beach CA 92660-4107 APN: 440-055-01 `-a• APN: 440-055-02 fa - M. L. B. Ranchigoda Eileen A. Hueston 2652 Basswood St 2658 Basswood St Newport Beach CA 92660-4106 Newport Beach CA 92660-4106 APN: 440-056-02 fa• APN: 442-032-59 fa - Lee S. Berman Canyon Country Club Big 2655 Basswood St 1 Big Canyon Dr Newport Beach CA 92660-4107 Newport Beach CA 92660 APN: 442-041-30 fa• Dsi Newport Growth & Income Fu 3 Weymouth Ct 18552 Macarthur Blvd 495 1 Weymouth Ct Irvine CA 92715 92660-4212 9 Li APN: 440-035-:3 fa• Eugenia T. Kirc-ter 2647 Basswood St NewportBeach ZA ::"--4107 APN: 440-055--3 fa• Nada•: Kalai 2664 Basswood S- Newport Beach Cn APN: 442-041-L" -`a• Mariners Churc't 1000 Bison Ave Newport Beach Z.; APN: 442-311-4= fa• APN: 442-311-36 fa• 7 Cheshire Ct Robert A. Stockmar Newport Beach G. FZ-.-:-42.0 2 Cheshire Ct fa• Jahn S. O Meara Newport Beach CA 92660-4210 APN: 442-331-46 fa• APN: 442-311-47 fa - William H. Mc Farland Robert M. Nibeel 6 Weymouth Ct Larry H. Priet_ 7 Weymouth Ct Newport Beach CA 92660-4212 Newport Beach CA 92660-4212 APN: 442-311-49 fa- APN: 442-311-50 fa. John M. Restaino Chong Ung Kim 3 Weymouth Ct 1 Weymouth Ct Newport Beach CA 92660-4212 Newport Beach CA 92660-4212 APN: 442-311-52 fa- APN: 442-311-53 fa. Joseph C. Nibeel Jr. Richard E. Macklin 4 Barrenger Ct 6 Barrenger Ct' Newport Beach CA 92660-4208 Newport Beach CA 92660-4208 9 Li APN: 440-035-:3 fa• Eugenia T. Kirc-ter 2647 Basswood St NewportBeach ZA ::"--4107 APN: 440-055--3 fa• Nada•: Kalai 2664 Basswood S- Newport Beach Cn APN: 442-041-L" -`a• Mariners Churc't 1000 Bison Ave Newport Beach Z.; APN: 442-311-4= fa• J. William 7,J=4-_ 7 Cheshire Ct Newport Beach G. FZ-.-:-42.0 APN: 442-311-45 fa• Jahn S. O Meara 5 Weymouth Ct Newport Beach Cr. __..:-4212 APN: 442-311-5: fa• Larry H. Priet_ 2 Barrenger Ct Newport Beach C.. .::c=-4208 a,D =N: 931-80-441 • APN: 931-80-442 fa- • =obert E. Hayes APN: 442-341-72 fa. James E. Collins APN: 442-341-73 £a• 68 Bridgeport Rd A:7: 442-341-74 fa - Walter E. Kinsman Elmer Bradley Newport Coast CA 92657 S. Steen Kooshian 14 Rockingham Dr Neuorc Beach CA 92660-4238 16 Rockingham Dr fa- APN: 931-80-445 18 Rockingham Dr Newport Beach CA 92660-4218 Norma Warren Newport Beach CA 92660-4218 Neu,;. -rt Beach CA 92660-4218 A;N: 442-341-81 fa. APN: 442-341-82 fa- 17 B--ttany APN: 442-341.83 fa+ Raymond J. 2.iccardi Jr. Newport Beach CA 92660 Pamela N. Young New-cr: Beach CA 92660-4238 931-80-447 Fred Lampe Pc Box 10035 fa- 9 Rockingham Dr Brad Cormier 5 Rccsingham Dr Newport Beach CA 92658 La_rie A. Hefner Newport Beach CA 92660-4219 9651 Brynmar Dr New -ort Beach CA 92660-4219 A! -N: 442-341-84 fa- Newport Beach CA 92660-4238 APN: 442-341-85 fa. New-cr= Beach CA 92660-4239 Phillip J. Stevens fa` Ronald K. Witter fa+ ArN: 931-80-452 fa - somas C. Corkett 1 Belcourt Dr Robert J. Hickman 5 Belcourt Dr Richard D. Langevin 1032 West Oceanfront Newport Beach CA 92660-4216 Newport Beach CA 92660-4216 Newport Beach CA 92660-4239 =N: 931-80-441 fa. APN: 931-80-442 fa- AzN: 931-80-443 fa+ =obert E. Hayes James E. Collins ...-ire D. Guardi 68 Bridgeport Rd 33 Southampton Ct 3 B --_zany Newport Coast CA 92657 Newport Beach CA 92660 Neuorc Beach CA 92660-4238 =_=N: 931-80-444 fa- APN: 931-80-445 fa- AP_:: 931-80-446 fa* Norma Warren Renee Ca..diotti West Jcsep' Bodrogi 75309 Horizon Palms Cir 657 Bayside Dr 17 B--ttany 1a Quinta CA 92253 Newport Beach CA 92660 New-cr: Beach CA 92660-4238 931-80-447 fay APN: 931-80-448 fa- A -=N: 931-80-449 fa. Brad Cormier No S. Bayridge La_rie A. Hefner 11 Brittany 9651 Brynmar Dr 27 Brittany Newport Beach CA 92660-4238 Villa Park CA 92667 New-cr= Beach CA 92660-4239 :+-=N: 931-80-450 fa` APN: 931-80-451 fa+ ArN: 931-80-452 fa - somas C. Corkett Robert J. Hickman Richard D. Langevin 1032 West Oceanfront 21 Brittany Po Box 10065 ::ewport Beach CA 92661 Newport Beach CA 92660-4239 New-cr-- Beach CA 92658 Pq APN: 442-311-76 fa• Gregory C. Di Rocco 3 Cheshire Ct Newport Beach CA 92660-4210 APN: 442-311-79 fa - Roger R. Clark 4 Cheshire Ct Newport Beach CA 92660-4210 APN: 442-321-61 fa+ Charles Edward Finley 4635 Southwest Fwy # 750 Houston TK 77027 APN: 442-321-64 fa* Keith B. Smith 6 Chadbourne Ct Newport Beach CA 92660-4236 APN: 442-321-68 fa - Sydney G. Button 5 Chadbourne Ct Newport Beach CA 92660-4236 APN: 442-321-71 fa. Mark T. ebner 65 Belcourt Dr Newport Beach CA 92660-4214 APN: 442-321-74 fa* Mark J. Archer 53 Belcourt Dr Newport Beach CA 92660-4214 APN: 442-341-66 fa - Jams T. Yang 2 Rockingham Dr Newport Beach CA 92660.4216 APN: 442-341-69 fa - Richard D. Jones 2091 Business Center Dr 2D1 Irvine CA 92715 APN: 442 -311 -SB fa - Jimmy Jiang Po Box 8032 Newport Beach CA 92658 APN: 442-311-77 fa• Philip D. Fermat 1 Cheshire Ct Newport Beach CA 92660-4210 APN: 442-321-59 fa+ Gary Fredrick Almas 8055 Florence Ave Downey CA 9240 APN: 442-321-62 fa+ James T. Kelley Jr. 2 Chadbourne Ct Newport Beach CA 92660-4236 APN: 442-321-65 fa - Ann B. Hansen 8 Chadbourne Ct Newport Beach CA 92660-4236 APN: 442-321-69 fa - Thomas J. Rielly 3 Chadbourne Ct Newport Beach CA 92660-4236 APN: 442-321-72 fa+ Victor L. Klein 61 Belcourt Dr Newport Beach CA 92660-4214 APN: 442-341-67 fa• Thomas I. Hover 4 Rockingham Dr Newport Beach CA 92660-4218 APN: 442-341-70 fa. Alan H. Beyer 10 Rockingham Dr Newport Beach CA 92660-4218 R APN: 442-311-75 _`a• Stephen B. Hogan 5 Cheshire Ct Newport Beach CA 92660-421: APN: 442-311-78 -a Robert M. Moss 555 Vick P1 Beverly Hills CA 90217 APN: 442-321-60 fa• Donald H. Pellar 3 Barrenger Ct Newport Beach CA 92660-42:c APN: 442-321-63 -a Alfred Maresca 4 Chadbourne Ct Newport Beach CA 92560-423- APN; 442-321-67 -a Jiunn Min Huang 7 Chadbourne Ct Newport Beach CA 92660-4236 APN: 442-321-70 fa Rob -art O Hill 1 Upper Newport Pia Newport Beach CA 92663-4236 APN: 442-321-73 .a Kyoung K. Oh 57 Belcourt Dr Newport Beach CA 92660-4214 APN: 442-341-68 fa• Dennie N. Stamires 6 Rockingham Dr Newport Beach CA 92660-4218 APN: 442-341-71 fa - Robert L. Atkins 12 Rockingham Dr Newport Beach CA 32660-4216 911 APN: 931-80-453 fa` APN: 931-80-454 -a ..=.a.:: 931-80-455 fa. Kurt Caillier Alice L. Moorhead Sac. Arasogh:- 33 Brittany # 92660 1105 North Bay Front 256: North Cr-� z.ate St Newport Beach CA 92660-4239 Balboa Island CA 9266= Cra:ge CA 9255' APN: 931-80-456 fa. APN: 931.80-457 to ,ti=.•: 331-BC•=5: fa. James Joseph Koberstein Brian S. Corrigan Stewart P. Lee 31 Brittany 3607 Surfview Ln 4533 Macarih-_r 3:rd A Newport Beach CA 92660-4239 Corona D1 Mar CA 92625 %e -.port Bea:_ =. ?2660 APN: 931-80-459 fa- APN: 931-80-460 =a- A=':: 931-80-45= fa - Marianne Garner J. William Turpin Mark K. Jones 65 Linda Isle 7 Cheshire Ct 41 Hartford =_ Newport Beach CA 92660 Newport Beach CA 92661 %e'•-crt Bea_ _. 92660-4230 APN: 931-80-462 fa. APN: 931-80-463 'a- A.':: 931-8:-464 fa - Jams C. Post James M. Chronister Carolyn H. B -----end 400 Thorntree Lake Ct 47 Hartford Dr 49 Hartford =: Eureka MO 63025 Newport Beach CA 92661-4_3: Newport Beach =-:2660-4231 APN: 931-80-466 :ate AP':: 931-B:-45- fa' Walter G. Beck Fra -k Moss 54 Cormorant Cir 52 Seaborcc_- Newport Beach CA 9266: Newport Bea=- __ 92660-4240 APN: 931-80-468 fa. APN: 931-80-469 -a A=':: 931-8:-4-: fa` Kathy K. Yoon Robert L. Anderson Na a-te L. 2027 Port Province P1 S6 Seaborough Se Seaborc___ Newport Beach CA 92660 Newport Beach CA 92661-4_4: Ne'•=ort Beach _. ?2660-4247 APN: 931-80-471 fa. APN: 931-80-472 -a AP':: 931-8:-4-: fa- Jeff Mckenzie Joanne L. Suozzo Jar-dia Jer: 701 17th St 68 Seaborough 64 Seaborcc__- Manhattan. Bch CA 90266 Newport Beach CA 92661-4=4: Ve'._crt Bea-- --t APN: 931-80-474 fa- APN: 931-80-475 -a A;::: 931-8:-4-= fa - Gayle M. Weinberg Dee C. Reeves Da -.id G. Bel= 66 Seabcrough 69 Bradbury 2'11 Pebble =- Newport Beach CA 92660-4240 Newport Beach CA 9266:-4=4_ Ccrcna D1 !tar =-: 92625 APN: 931-80-477 fa- APN: 931-80-478 fa. A:.:: 931 -SC -4-i fa. Sherry Lopez Robert V. Neary Ex -hanged 7.-t:e3 :no 71 Bradbury 73 Bradbury 16-98 Brookh-_ -- :- Newport Beach CA 92660-4242 Newport Beach CA 9266:-4242 Fc-=tain V'_".. :2^.08 APN: 931-80-480 fa* APN: 931-80-481 fa- APN: 931 -BC -431 fa. Cynthia J. Cohn Jon C. Olsen Ncran C. B:a=-z 83 Bradbury # 40 585 Bluerock Dr 626 Bridgeport Newport Beach CA 92660-4242 Sn Luis Obisp CA 93401 Sa= Mateo C=. 9::.: APV: 931-80-483 fa. Diam..e Coltrane 93 Seaborough Newport Beach CA 92660.4251 AFN: 931-80-486 fa` Jon P. Sowere 86 '—da Isle 89 Seaborough Nev%>crt Beach CA 92660 Neu -port Beach CA 92660-4243 APN: 931-80-489 fa• Cheryl Blaine Nitta 95 Seaborough Newcort Beach CA 92660-4251 AFN: 931-80-492 fa - Lee Corey Healy 92 Hartford Dr Newport Beach CA 92660-4241 AF.:: 931-80-495 fa. Charles C. Doe 98 Hartford Dr Newport Beach CA 92660-4241 AF:: 931.80-498 fa' Barbra Murphy 105 Hartford Dr Ne: ort Beach CA 92660-4241 AFN: 931-80-501 fa' Stella C. Henry 102 Hartford Dr Ne:mort Beach CA 92660-4248 AF:: 931-80-504 fa - Shirley A. Arconti 13C Hartford Dr New= -ort Beach CA 92660-4248 ARN: 931-80-507 fa• Da.- d Lamons Po Box 667 Corona D1 Mar CA 92625 AP1:: 931-80-510 £a• Linda Hart Chandler 124 Hartford Dr Newmort Beach CA 92660-4248 pq APN: 931-80-484 fa• Glastcne W. Shipman 85 Seaborough Nerr_rt Beach CA 92660.4243 AF::: 331-80-487 fa - Morris Stark 86 '—da Isle Nev%>crt Beach CA 92660 APN: 931-80-490 fa - Patricia Ruth Wheeler 16 Gillman St Irvi:e CA 92715 AP...- 931-80-493 fa. She^'- J. Wood 94 Hartford Dr Neu -=rt Beach CA 92660-4241 APN: 931-80-496 fay Ke=eth S. Rogers Po Bcx 2000 Ccrsa D1 Mar CA 92625 AP.:: 331-80-499 fa• Glcria Esposti 23C Lille Ln 111 Nerc-crt Beach CA 92663 AFN: 931-80-502 fa - Joan B. Wilcox 104 Hartford Dr Ne:=crc Beach CA 92660-4248 APN: 931-80-505 fa• Rci>m^ B. Jones 112 Hartford Dr Ne:.=crt Beach CA 92660-4248 AP_:: 931-80-508 fa - Dart= Minck 121 Hartford Dr NeG_crt Beach CA 92660-4249 APN- 931-80-511 fa - Robert L. Edelstein 116 Hartford Dr Ner:crt Beach CA 92660-4248 Pq L AFN: 93'-80-485 fa Mark K. Frey 87 Seabcrcugh Newper_ Beach CA 92660-424-- John 2660-4243John Mc Naughton 287+ Crescent Bay Dr Laguna Beach CA 92651 AF::: 931-80-491 fa. Nance' '>caer 9C Hartford Dr Newpert Beach CA 92660.4241 AFN: 931-80-494 fa- Carc_-.r_e H. Benintend 96 Ha-_tcrd Dr Newccrt Beach CA 9266C -424- A;:':: 931-90-497 fa, Maricc Zeaa Cx9pring 201 K' _cs P1 Newccrt Beach CA 92663 AFN: 931-80-500 fa - Kurt G. :aehnel ICC •ra___ord Dr Newport Beach CA 92660-4248 Ar"': 931-80-503 fa - Caro' A. Berg 106-o__fcrd Dr Newocr= Beach CA 92660-4246 „6.. 931-e0-506 fa. Guy W. Woodward 115 -art-ord Dr Ne:oar: Beach CA 92660-4249 AFN: 931-60-509 fa - 3 a• Gira C_a=sna ison 1705-' Kest Sunset Blvd D Pacific F:sds CA 90272 APN: 931-80-512 fa. Wilbur F. Pillsbury Iii 118 Hartford Dr Newpor= Beach CA 92660-4248 APN: 931-80-513 2_a• R. Spencer Spriggs Donald R. Casella 13 Terraza Del Mar Dana Point CA 92629 9 Corr=rant Cir APN: 931-80-516 to Maria Sansone No Clung 126HARTFORDDR Z 76 APN: 931-80-516 Newport Beach CA 92660 Anne Young Revco Intervi-�cs Tr Margy APN: 931-80-519 fa+ John G. Barry 132 Westport 134 Westport Whittier CA 90603 Newport Beach CA 92660-4253 APN: 931-80-522 .a+ Michael S. Kaye fa. 3729 Blue Ky Kathy Anderson. Dockery Corona D1 Mar CA 92625 136 Westport APN: 931-80-525 :_a+ Karen. A. Kennedy Laguna Nigraei CA 92677 144 Westport APN: 931-80-523 fa Newport Beach CA 92660.4254 APN: 931-80-528 fa. Kevin M. Mc Carthy 150 Woodburne Po Box 1-298 Newport Beach CA 92660-4257 APN: 931-80-531 fa+ Joi Dell Hurd APN: 931-80-526 fa Po Box 497 fa. Bethel Island CA 94511 Colleen S. Moore APN: 931-80-534 fa• Barry Cole 162 Woodburne Newport Beach CA 92660-4252 Newport Beach CA 92660-425D APN: 931-80-537 fa. Stephen D. Adam Lisa C. Pe_ayo 321 Poinsettia Ave Po Box 7543 Corona D1 Mar CA 92625 APN: 931-80-540 fa+ Jean H. Macino 2901 Corte Portofino Newport Beach CA 92660 APN: 931-80-514 fa- APN: 931-80-515 fa' Donald R. Casella Dennis W. Moran 5718 Willowtree Dr 9 Corr=rant Cir Agoura Hills CA 91301 Newport Beach CA 92660 APN: 931-80-517 fa* APN: 931-80-516 fa - Anne Young Revco Intervi-�cs Tr Margy Robert R. Mc Auliffe Jr. 16041 Hornell St 132 Westport Whittier CA 90603 Newport Beach CA 92660-4253 APN: 931-80-520 fa+ APN: 931-80-521 fa. William H. Saunders Jr. Kathy Anderson. Dockery 136 Westport 2 Saint Paul :.n Newport Beach CA 9266C-4283 Laguna Nigraei CA 92677 APN: 931-80-523 fa APN: 931 -SC -524 fa - Laverne H. Mc Cullough Vick: M. Baker 140 Westport Po Box 1-298 Newport Beach CA 92663-4253 Newpert Beach CA 92658 APN: 931-80-526 fa APV: 932-8.-527 fa. Jack A. Prepas Colleen S. Moore 37 Beachcomber Dr 148 WC urne Corona Dl Mar CA 92625 Newport Beach CA 92660-4252 APN: 931-80-529 fa• APN: 931-8:-530 =a Patricia Brudvik Lisa C. Pe_ayo Po Box 7543 1710- G_l:ette Ave Newport Beach CA 92658 Irv. a CA 927_4 APN: 931-80-532 Willie Boyd 1946 East Edinger Ave Santa Ana CA 92705 APN: 931-80-535 fa Leland H. West 3000 West Pacific Coast =WY Newport Beach CA 92663 APN: 931-80-538 _a Diane P. Carey 170 Westport Newport Beach CA 9266C-4244 APN: 931-80-541 _a Clifford D. Vaughan 176 Westport Newport Beach CA 92660.4244 APN: 93:-82-533 .a Jose Perewczki 166WCC== c:nDR P 93 Newpert Beach CA 92660 APN: 931-8.-536 fa- Tahar..taz Sctccdeh 180 Wes-zort Newport Beach CA 92660.4244 APN: 93:-8.-539 fa- Edwin eEdwin F. Bell 172 i:estuort Newport Beach CA 92660-4244 APN: 931-8C-542 fa. John ?. Sweazy 178 Westport Newport Beach CA 92660-4244 APN: 931-80-543 fa• Sandra S. Adams 186 Westport Newport Beach CA 92660-4244 APN: 931-60.546 fa+ Susan Mc Cullough 131 Hartford Dr Newport Beach CA 92660-4256 APN: 931-80-549 fa+ Antonia C. Magbago 372 Vista Del Norte Walnut CA 91789 APN: 931-80-552 fa. Dick P. Allen 1847 Port Abbey P1 Newport Beach CA 92660 APN: 931-80-555 fa- Dacrey E. Williams 192 Hartford Dr Newport Beach CA 92660-4255 APN: 931-80-558 fa* Sandra R. Raabe 198 Hartford Dr Newport Reach CA 92660-4255 APN: 931-80-561 fa. Bridget W. Pumento 206 Hartford Dr Newport Beach CA 92660-4228 APN: 931-80-564 fa - Gary E. Legrand 1971 Port Locksieigh PI Newport Beach CA 92660 APN: 931-80-567 fa* Glenda D. Crosby 226 Hartford Dr Newport Beach CA 92660-4228 APS: 931-80-570 £a• Kirk P. Maldonado 20691 East Santiago Canyon Rd Orange CA 92669 m AP`:: 931-80-544 fa. Care: Diane Ruby Po Box 7415 Newcort Beach CA 92658 APN: 931-80-547 fa. Jack H. Reeves Jr. 2036 Port Province P1 Newcort Beach CA 92660 APN: 931-80-550 fa. Donald J. Gillis 193 Hartford Dr Newmort Beach CA 92660-422, API:: 931-80-553 fa• Rick R. Pedigo 1833 Toyon Ln New:ort Beach CA 92660 AP::: 931-80-556 fa. Leroy H. Quay Jr. 194 Hartford Dr Newcort Beach CA 92660-4255 APN: 931-80-559 fa* Nader Noosha 20C Hartford Dr New_ort Beach CA 92660-4228 AP1:: 931-80-562 fa' Carle S. Tanner 10;.9 Roble Ln Santa Barbara CA 93103 APN: 931-80-565 fa. Deborah L. Knauss 421 Leawood Dr Costa Mesa CA 92627 APS; 931-80-568 fa• Sharon Beirdneau 218 Hartford Dr Newcort Beach CA 92660-4228 APN: 931-80-571 fa - Nancy C. Mc Naughton 224 Hartford Dr Newport Beach CA 92660-4228 F l.j A;N: 931-80-545 fa. Mic_ae: B. Cox -84 wes'Port `:ewncrt Beach CA 92660-4244 A7N: 93:-80-548 fa. _a:zence P. Pee:ey Hartford Dr Newzcrt Beach CA 92660-4227 A -N: 931-80-551 fa' 3rad:e, M. Cohen. _95 Harford Dr 1:ew=crt Beach CA 92660-4252 ._.•80-554 fa• Y=g .c Hahn 24;=a-tford Dr _:e'.=crt Beach C: 92660 s... 931-80-557 fa. :ales M. Greenfield Jr. .-_ : &=ford Dr .,_ p -_t Beach C:. 92660-4228 :.. 931-30-560 fa` 'p=ert D. L.ngemfelter __4-ar_ford Dr ort Beach CA 92660-4228 ALN: :31-8C-563 fa- :iane :. Boggs 2_= na_ lord Dr _t Beach C:. 92660-4228 r.=-.. :31-50-566 fa* tea: .. • S_:derian . o - ..a_ ord Dr .,_ ---t Beach CA 92660-4228 AP.: :31-80-569 fa. Sm mec= Prophet <__-a-tford Dr Ne'.pert Beach CA 92660-4228 „s-.: 531-80-572 fa. Barbara A. Peterson 2:. hart.ord Dr _:export Beach CA 92660-4245 m APN: 931-8:-5-3 fa` Gregory A. 3� s Po Box 484 Corona Dl Ma- CA 92625 APN: 931-62-5-6 fa. Bryce Ange: 234 Hartford =_ Newport Bea-: =A 92660-4245 APN: 931-8^-5'3 fa* Yung Do Ha!= 240 Hartfcr'_ _- Newport Bea_ CA 92660-4245 APN: 931-E:-5;2 fa - Therese Le: -s 248 Hartford =- Newport Bea_ CA 92660-4245 APN: 931-8:-555 fa+ John R. Be, 253 253 Chester— eld Newport Bea_ CA 92660-4223 APN: 931-6:-5.8 fa* Irene Miller 257 Chesterfield Newport Bea _ CA 9266C-4223 APN: 931-8:-5:1 fa - Sherri Lynn ==evens 277 Haverfce_; Newport Bea_ CA 92660-4224 APN: 931-6:-5i4 fa - Helen Elena _u'ia Taddei 269 Haverfie:d Newport Beate CA 92660-4224 APN: 931-80-597 fa. Rod Gric Po Sox 81494 Bakersfield -- 93380 APN: 931-6:.-6:0 fa* Carole Jean --derson 281 Haverfie:d Newport Bea_ CA 92660-4224 APN: 931-80-574 fa - W. Warren Dennis Iii 230 Hartford Dr Newport Beach CA 92660-4245 APN: 931-8:-577 fa. A. C. Beattie 236 Hartford Dr Newport Beach CA 92660-4245 APN: 931-80-580 fa* Jean M. Pa*minteri Po Box 5226 Newport Beach CA 92662 APN: 931-80-583 fa - Nancy K. -chrs 249 Cheste-field Newport Beach CA 92660-4223 APN: 931-8^-586 fa - David M. Weston 263 Chesterfield Newport Beach CA 92660-4223 APN: 931-8^-589 fa - Scott Ala-. Read 259 Chesterfield Newport Beach CA 92660-4223 APN: 931-60-592 fa. Erika E. Faust 265 Haverf`-eld Newport Beach CA 92660-4224 APN: 931-E:-595 :!a* John Michas: Kohut 555 South Barrington Ave 321 Los Angeles CA 90049 APN: 931-5^-598 fa - Bruce Mc :^tush 283 Haverfield Newport Beach CA 92660-4224 APN: 931 -SC -601 fa - Robert M. Zur Schmiede 292 Chesterfield Newport Beach CA 92660-4222 m u APN: 931-80-57S fa - James S. Rice 829 Westerfield Dr Wilmette IL 60091 APN: 931-80.578 .a Arnold M. Stone 238 Hartford Dr Newport Beach CA 92660-424- APN: 931-80-581 fa - Lisa D. Pieksma 246 Hartford Dr Newport Beach CA 92660-4245 APN: 931-80-584 fa. Phyllis N. Friedman 251 Chesterfield Newport Beach CA 92660-4223- APN: 2660-4223APN: 931-80-587 fa - Joan A. Byrne 255 Chesterfield Newport Beach CA 92660-422-- APN: 2660-4223APN: 931-80-590 _a Bernard B. Mc Nair 318 North Glenwood Ave Glendora CA 91741 APN: 931-80-593 fa - Patricia M. Lane 545 Hazel Dr Corona D1 Mar CA 92625 APN: 931-80-S96 Jennifer Pearsey-minyard 273 Haver£ield Newport Beach CA 92660.422= APN: 931-80-599 fa - John A. Skinner 279 Haverfield Newport Beach CA 92660-4224 APN: 931-80-602 fa - Vincent F. Brescia 78265 Silver Sage Dr Indio CA 92203 R APN: 931-80-603 fa - Donna Ruth Avery 286 Chesterfield Newport Beach CA 92660-4222 APN: 931-60.606 fa - Jams M. Peters Jr. 2641 Circle Dr Newport Beach CA 92663 APN: 934-31-001 fa - Mallory Amne Ketchum 1 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-004 fa. Philip L. Perry 4 Canyon Island Dr 4 Newport Beach CA 92660-5114 APN: 934-31-007 fa. James R. Martin 7 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-010 fa - Dana W. Reed 10 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-013 fa - Michael H. S;:ssman 13 Canyon island Dr Newport Beach CA 92660-5114 APN: 934-31-016 fa - Loretta Chia Lin Chee 16 Canyon Island Dr Newport Beach CA 92660-5115 APN: 934-31-319 fa• Robert Schoc=mdker 19 Canyon island Dr Newport Beach CA 92660-5115 APN: 934-31-022 fa. Sandra Lorraine Ouellette 22 Canyon Island Dr Newport Beach CA 92660-5115 APN: 931-80-604 fa - Robert A. Klein 288 Chesterfield '# 164 Newport Beach CA 92660-4222 APN: 931-80-607 fa - John Aucher 294 Chesterfield Newport Beach CA 92660-4222 APN: 934-31-002 fa• James W. Donnell 2 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31.005 fa - Mary E. French 5 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-008 fa - Bill Herrmann 8 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-011 fa. Thomas J. Breslin 11 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-014 fa - Enrico Cazzola 14 Canyon Island Or Newport Beach CA 92660-5114 APN: 934-31-017 fa - Mary Theresa Bailey 17 Canyon Island Dr Newport Beach CA 92660-5115 APN: 934-31-020 fa - Gabriel J. Klanian 10 Belcourt Dr Newport Beach CA 92660 APN: 934-31-023 fa - H. Beaumont Potter Po Box 8092 Newport Beach CA 92658 9 u APN: 931-80-605 fa. Norah H. Murphy 8 Alderberry Irvine CA 92714 APN: 931-80-608 fa. Edward F. Nunez 296 Chesterfield Newport Beach CA 92660-4222 APN: 934-31-003 fa - Gary E. Miller 2539 East Hillcrest Ave Orange CA 92667 APN: 934-31.006 fa* Gunnar Gooding 6 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-009 fa. George E. Suzuki 9 Canyon Island Dr Newport Beach CA 92660-5114 APN: 934-31-012 _'a* Dodie L. Bodovitz Po Box 239 Beverly Hills CA 90213 APN: 934-31-015 fa - William Bents 15 Canyon Island Dr Newport Beach CA 92660-5114 APN: 939-31-018 fa• Mary Jane Brockman 18 Canyon Island Dr Newport Beach CA 92660-5115 APN: 934-31-021 fate David P. Markel 537 Apple St W Cnshohocken PA 19428 APN: 934-31-024 fa+ Edward H. Parker 24 Canyon Island Dr Newport Beach CA 92660-5115 9 L i APN: 934-31-025 fa• Randy Alan Kline 2S Canyon Island Dr Newport Beach CA 92660-5115 APN: 934-31-028 fa• Margaret R. Sandhoff 28 Canyon Island Dr Newport Beach CA 92660.5115 APN: 934-31-031 fa - Mary Anne Green 31 Canyon Island Dr Newport Beach C 92660-5115 APN: 934-31-034 fa - Alberta Jean Olson 2821 Ocean Ln Ccrona D1 Mar CA 92625 APN: 934-31-037 fa• Bpfpd Investments Ltd 39 Monaco :report Beach C. 92660 APN: 934-31-040 fa. David J. Everett 40 Canyon Island Dr Newport Beach C. 92660-5117 APN: 934-31-043 faw Charles B. Bartell 43 Canyon Island Dr Newport Beach CA 92660-5117 APN: 934-31-046 £a+ Lisa B. Jones 46 Canyon Island Dr Newport Beach C'_ 92660-5117 APN: 934-31-049 fa` Celia M. Lockhart 49 Canyon Island Dr Newport Beach CA 92660-5117 APN: 934-31-052 fa• Renee Bienvenue Po Box 481 Rcho Santa Fe CA 92067 APN: 934-31.026 fa. Richard B. Viehe 21 Inverness La Newport Beach CA 92660 APN: 934-31-029 fa. Cherie Smith Mc Leod 29 Canyon Island Dr Newport Beach CA 92660-5115 APN: 934-31-032 fa - Richard M. Lehn 9530BIMPERIAL'r.-FY n Downey CA 90242 APN: 934-31-035 fa. Leonard R. Chetkin 35 Canyon Island Dr Newport Reach CA 92660-5117 APN: 934-31-038 fa. Greg H. Weaver 38 Canyon Island Dr Newport Beach CA 92660-5117 APN: 934-31-941 fa - Lorraine Hick—,zn 41 Canyon Isla^.d Dr Newport Beach CA 92660-5117 APN: 934-31-044 fa- Friou George J Tr Of 44 Canyon Isla=.d Dr Newport Beach CA 92660-5117 APN: 934-31-C47 fa. Sally B. Sant.:.yer 47 Canyon Isla.d Dr Newport Beach CA 92660-5117 APN: 934-31-050 fa - Robert Simmons 61 Sea Pine Ln Newport Beach CA 92660-5137 APN: 934-31-053 fa. Mildred M. Friedenberg 58 Sea Pine Ln Newport Beach CA 92660-5137 APN: 934-31-042 fa - George W. Bleffert 42 Canyon Island Dr Newport Beach CA 32660-51-17 APN: 934-31-D45 `-a- Judith O. Olson 45 Canyon Island Gr Newport Beach CA 92660-5117 APN: 934-31-048 fa- Mdi Realty Inc 537 Apple St W Cnshohocken PA 19428 APN: 934-31-051 fa - Mead Melinda L T_ist S9 Sea Pine Ln Newport Beach CA 92660-5137 APN: 934-31-054 fa - Carolyn E. Neuma= 57 Sea Pine Ln Newport Beach CA 92660 APN: 934-31-027 fa - Thomas L. Jacobs 27 Canyon Island Cr Newport Beach CA 92660-5:15 APN: 934-31-03C `-a- T 6 V Llc 2331 West Linco-n Ave 200 Anaheim CA 9280'. APN: 934-31-033 fa - Leon Lamont Jones 190 Arroyo Ter Cr -01 Pasadena CA 9110-- 1103APN: APN:934-31-036 fa- Antje W. Hill 36 Canyon Island ]r Newport Beach CA 92E60-51:7 APN: 934-31-039 fa. Ralph D. Hickman. 5 Galanto Irvine CA 92714 APN: 934-31-042 fa - George W. Bleffert 42 Canyon Island Dr Newport Beach CA 32660-51-17 APN: 934-31-D45 `-a- Judith O. Olson 45 Canyon Island Gr Newport Beach CA 92660-5117 APN: 934-31-048 fa- Mdi Realty Inc 537 Apple St W Cnshohocken PA 19428 APN: 934-31-051 fa - Mead Melinda L T_ist S9 Sea Pine Ln Newport Beach CA 92660-5137 APN: 934-31-054 fa - Carolyn E. Neuma= 57 Sea Pine Ln Newport Beach CA 92660 • APN: 934-31-055 fa. APN: 934.31-056 fa- APN: 934-31-057 fa. Richard E. Johnson Nasser D. Ghiassi Pam A. Wilke 1200 South Ccean Blvd 5A 54 Sea Pine Ln 39850 Rica Dr Boca Raton FL 33432 Newport Beach CA 92660.5137 Temecula CA 92592 APN: 934-31-258 fa• APN: 934-31-059 fa' APN: 934-31-C6C fa. P. Eugene Cavadini George M. Haramia R. Jackson Gaulai: 3215 Wendy way 51 Sea Pine Ln 6i Pinon Dr Los Alamitos CA 90720 Newport Beach CA 92660-5137 Wellington NV 89444 APN: 934-31-061 fa* APN: 939-23-001 fa' APN: 939-23-002 fa- Tami J. Taecker Howard Herzog David B. Grant 50 Sea Pine Ln 1 Northampton Ct 3 Northampton C- Newport Beach CA 92660-5137 Newport Beach CA 92660-4206 Newport Beach C, 9266:-4206 -APN: 939-23-003 fa+ APN: 939-23-004 fa* APN: 939-23-005 fa - Kareem A. Fabeeb Patricia L. Wilks Richard Arthu Ste:cer 5 Northampton Ct 7 Northampton Ct 9 Northampton C Newport Beach CA 92660-4206 Newport Beach CA 92660-4206 Newport Beach CA 3266:-4206 APN: 939-23-006 £a• APN: 939-23-007 fa. APN: 939-23-008 fa - Charles Begg Evelyn C. Royce Barbara J. Lewis 11 Northampton Ct 15 Northampton Ct 17 Northa=tcn C_ Newport Beach CA 92660-4206 Newport Beach CA 92660-4206 Newport Beach C-- 9266---4206 APN: 939-23-309 fa• APN: 939-23-010 fa. APN: 939-23-C13 fa - Gary W. Scherer George R. Ray Allen W. Kieselhcrst 1528 Galloway Dr 19 Northampton Ct 23 Northampton Cc Barrington=L 60010 Newport Beach CA 92660-4206 Newport Beach C- 92662-4206 APN: 939-23-012 fa* APN: 939-23-013 fa+ APN: 939-23-C14 fa - Terry L. Rhcdes Daniel Dee Duncan- Wayne L. Jc:es 25 Northampton Ct 27 Northampton. Ct 29 Northampton :- Newport Beach CA 92660-4206 Newport Beach CA 92660-4206 Newport Beach C.A. 9266---4206 APN: 939-23-015 fa- APN: 939-23-016 fa+ APN: 939-23-037 fa - Sidney Wasserman Herman Goalins Joseph B. Arato 31 Northampton Ct 33 Northampton Ct 519 Lawrence St Newport Beach CA 92660-4206 Newport Beach CA 92660-4206 Old Forge PA 185:3 APN: 939-23-718 fa- APN: 939-23-019 fa* APN: 939-23-020 fa - Robert H. Schilling Myron Bander James A. Ripp 3S Northampton Ct 39 Northampton Ct 41 Northampton Ct Newport Beach CA 92660-4206 Newport Beach CA 92660-4206 Newport Beach C-< 9266---4206 APN: 939-23-321 fa* APN: 939-23-022 fa• APN: 939-23-023 fa' Laszlo P. Ka-:eggia Henry L. Kroopf Gilbert A. Zuker 43 Northampton Ct 45 Northampton Ct 47 Northampton Ct Newport Beach CA 92660-4206 Newport Beach CA 92660-4206 Newport Beach CA 9266---4206 pq L-A AFN: 939-23-024 fa• Anand Kanca 49 Northampton Ct Vewport Beach CA 9266.^.-4206 AFN: 939-23-027 fa. Wolf H. Stern 49 Southampton Ct ::ewport Beach CA 9266C-4207 APN: 939-23-030 fa - Harlan C. Erickson 4400 Macarthur Blvd 720 Newport Beach CA 92660 .APN: 939-23-033 fa - Paul 6 Dorothy Trus Liener 9300 Texhoma Ave :.orthridge CA 91325 APN: 939-23-036 fa - B. R. Burke 111 Front St Marblehead MA APN: 939-23-039 fa• Liliane Elkins 3001 Misty Harbour Dr Las Vegas NV 89117 92660-4207 939-23-042 fa. "ark S. Anderson 21 Southampton Ct Newport Beach CA 92660-4207 92660-4215 APN: 939-23-045 fa. �. A. Sandling 11 Southampton Ct Newport Beach CA 92667-4207 APN: 939-23-048 £a* To" Wakabayashi Po Box 9811 Brea CA 92622 APN: 939-63-046 fa. Sanford P. Lyle 26 Belcourt Dr Newport Beach CA 92660-4215 APN: 939-23-025 fa* Thomas J. Sutherland 53 Northampton Ct Newport Beach CA 92660-4206 APN: 939-23-028 fa - Gertrude S. Martin 47 Southampton Ct Newport Beach CA 92660-4207 APN: 939-23-031 fa. Arthur Generaux Jr. 41 Southampton Ct Newport Beach CA 92660-4207 APN: 939-23-D34 fa. Eric A. Thcoaon 37 Southarrp'_on Ct Newport Bear CA 92660-4207 APN: 939-23-037 fa. Larry J. Tucker 29 Southam_c-on Ct Newport Beach CA 92660-4207 APN: 939-23-040 fa - Charles C. Little 2492 Glenne-_ze St Laguna Beach CA 92651 APN: 939-23-043 fe Dorothy Marie Smith 17 Southampton Ct Newport Beach CA 92660-4207 APN: 939-23-046 fa. Lem V. Nelscn 9 Southarrptcn Ct Newport Beach CA 92660-4207 APN: 939-23-049 fa. Annie Swan Armstrong 3 Southamptan Ct Newport Beach CA 92660-42C7 APN: 939-63-047 fa• John Byerlein 24 Belcourt Dr Newport Beach CA 92660-4215 APV: 939-23--^26 fa. -Tien Erin Tr�: el -o oZ' Northampton Ct Newport Beach CA 92660-42C6 .A 939-23-229 fa- _=mund K. Kim 45 Southamptcm Ct ::export Beach CA 92660 -420 - .UN: 939-23-C32 £a - _chard O. Aces 53011 Monterra Cir W Falm Desert C1. 92260 939-23-C35 fa - E. Collins .3 Southamptct. Ct .:a«port Beach CA 92660-420- 939-23-C38 £a- _chn Hilgers Leary Southampton Ct .:aaport Beach CA 92660-420- 939-23-C41 fa- _aarles Casserly _3 Southampton Ct Newport Beach CA 92660-420- _-.: 939-23-C44 fa. =srald Swidler S Southampton Ct 144 -:part Beach CA 9266D-420- .z 939-23-C47 fa- =_rst Bk --0 North Dee=path Dr -:ernon Hills _L 60061 939-23-050 £a- =ward J. Dicrio : Southampton. Ct .:<_:port Beach CA 92660-4207 ,;_.:: 939-63-048 fa, A. Corey Hansen 22 Belcourt Dr ::export Beach CA 92660-4215 APN: 939-63-049 fa• APN: 939-63-050 fa. APN: 939-63-051 fa - Home Svgs Of America Fsb Burton Schwartz Stephanie S. Retertson Po Box 5300 200 Old Palisade Rc 4 16 Belcourt '-r Irwindale CA 91706 Fort Lee NJ Newport Beach CA 92560-4215 APN: 939-63-052 fa. APL:: 939-63-053 fa* APN: 939-63-054 fay Shirley Louise Clark Robert A. Brad -'e- G. J. Al an i a.^ 14 Belcourt Dr 12 Belcourt Dr 10 Belcourt :;r Newport Beach CA 92560-4215 Newport Beach CA 92-c--4215 Newport Beach CA 32660-4215 APN: 939 -63 -DSS fa. APN: 939-63-056 £a• APN: 939-63-:57 fa - Paul F. Queyrel Gary L. Palo Terry L. Franke:i=h 2150 Mcgaw Ave 6 Belcourt Or 17 Sea Cove In Irvine CA 92714 Newport Beach C :2e.:-4215 Newport Beach C. 92660 APN: 939-63-058 fa+ APN: 939-63-059 fa- AF::: 939-63-760 fa - Burton Schwartz Martin E. Whelan-.'-. Ja=.es A. ^_reser 2 Belcourt Dr 2 Chatham Ct 4 Chatham Ct Newport Beach CA 9266C-4215 Newport Beach CA .---:-4209 Newport Beach CA. 12660-4209 APN: 939-63-061 fa- APN: 939-63-062 fa. AP::: 939-E3-763 fa. Michael J. Howard Harold Beral Jchn P. Jacobsen 6 Chatham Ct 8 Chatham Ct 1C Chathar_ CC Newport Beach CA 9266C-4209 Newport Beach Cr. .2-.:-4209 Newport Beach CA. 3=660-4209 APN: 939-63-064 fa* APN: 939-63-065 fa* AP..: 939-63-066 fa. Joseph De Franco Walter W. Crutten_ c ..--. Edwin M. Fcs4-n 12 Chatham Ct 14 Chatham Ct 12-22 Riverside Zr 204 Newport Beach CA 92660-4209 Newport Beach CA 52:.:-4209 N Follywoci CA 9CEC7 APN: 939-63-067 fa• APN: 939-63-065 fa' AP::: 939-63-C69 fa' Fred E. Aamgar Angela G. Martini Olga A. E:_is 20 Chatham Ct 22 Chatham Ct 24 Chathar..:- Newport Beach CA 9266C-:226 Newport Beach C-. -:..:-4226 Newport Beach CA :2660-4226 APN: 939-63-070 fa- APN: 939-63-072 fa- AF::: 939-63-072 fa+ Roy P. Jackson Lemkin Trust Aatsuhiro S'_4tac4e i 26 Chatham Ct 64 Belcourt Dr 62 3e2court Dr Newport Beach CA 9266C-4226 Newport Beach C, :2--:-4213 Newport Beach G 1266D-4213 APN: 939-63-073 fa. APN: 939-63-074 fa- AP`:: 539-63-75 fa - Lucille B. Hoyt Graham Wood Fred W. Daniel 9 Wesleyan Ct 56 Belcourt Dr Po Box 9227 Rancho Mirage CA 92270 Newport Beach C-. 12<v:-}213 Newport Beach CA 32658 APN: 939-63-076 fa- APN: 939-63-077 fa- AP.:: 939-63-D78 fa - Richard M. Lehn Beverly Ann Jones H. David Bright 54 Belcourt Dr 52 Belcourt Dr 50 Belcourt Dr Newport Beach CA 92660-4213 Newport Beach CA 925?: -4213 Newport Beach CA 12660-4213 APN: 939-63-079 fa. Darrel D. Brownell 48 Belcourt Dr Newport Beach CA 92660.4213 APN: 939-63.082 fa. Vinton P. Cunningham 42 Belcourt Dr ,. Belcourt Dr Newport Beach CA 92660-4213 APN: 939-63-085 fa. Alice M. Bourgeau =-�glas M. West 36 Belcourt Dr := Belcourt Dr Newport Beach CA 92660-4213 APN: 939-63-088 fa - Hanson Trust --yo ng Hui Yi 1 Chatham Ct = C_atham Ct Newport Beach CA 92660-4229 APN: 939-63-091 fa. William O. Paseo 5rancesca L. Breckett 7 Chatham Ct Newport Beach CA 92660-4229 APN: 939-63.094 fa* Allmore S. Aaron 15 Chatham Ct Newport Beach CA 92660-4229 APN: 939-63-097 fa* Masahiko Zaitsu 25 Chatham Ct Newport Beach CA 92660.4229 APN: 939-63-105 fa - Mar -,-in R. Udkoff 15 Hillsdale Dr Newport Beach CA 92660-4235 APN: 939-63-108 fa+ Anita Jeannie Ziebe 21 Hillsdale Dr C5 -illsdale Dr Newport Beach CA 92660-4235 APN: 939-63-111 fa• Richard Bizal :"w,.3. Myers 27 Hillsdale Dr _.. Sillsdale Dr Newport Beach CA 92660-4235 9 ._..: 939-63-080 fa- = -oil M. Sills .. Selcourt Dr .. ._ort Beach CA 9266.-4213 _..: 939-63-083 fa• 1cren Pannier ,. Belcourt Dr ..-sort Beach CA 9266C-4213 -.: 939-63-086 £a• =-�glas M. West := Belcourt Dr .._:_ort Beach CA 92660-4213 _N: 939-63-089 fa• --yo ng Hui Yi _ C--atham Ct = C_atham Ct .. :port Beach CA .. :-ort Beach CA 92660-:229 --.: 939-63-092 fa• 5rancesca L. Breckett : :hatham Ct -.-:-ort Beach CA 9266-4229 939-63-095 £a• :-�4amin D. Rubin Chatham Ct .:-sort Beach CA 92660.4229 -.: 939-63-098 fa. _rs Parham _-z Corniche Dr =_a Point CA 92629 92660-4229 939-63-106 fa* =crge Eastman -P ?illsdale Dr ':e: -ort Beach CA 9266C-4235 939-63-109 fa- •+: -_am Shapiro Keyes :illsdale Dr .:-:-ort Beach CA 92660-4235 _:: 939-63-112 fa - gold Newman - _illsdale Dr .:=_:-ort Beach CA 92660-5234 9 u „�..: 939-63-081 fa - S. sa-^ R. Connell 44 Belcourt Dr :: e. -ort Beach CA 92660-4213 ..:..: 939-63-C84 fa• .ar. Rippee 38 Belcourt Dr escort Beach CA 92660-4213 :�..: 939-63-087 fa - 3 -ant C. Gentry .. -ark Ln Bark Ridge IL 60068 .AP', 939-63-090 fa• .__:iam D. Pletcher _ C--atham Ct .. :port Beach CA 92660-4229 _..: 939-63-093 fa :a -.es J. Muf£ie _- :.hatham Ct .. *.ncort Beach CA 92660-4229 -..: 939-63-096 fa- Ma:colm K. Green 23 Chatham Cr ::e'. -ort Beach CA 92660-4229 .,.=.:: 939-63-099 fa. W__:iam J. Pope;oy L hatham Ct .._:_ort Beach CA 92660-4229 .�=..: 939-63-107 fa- 'c'-ert R. Burge -> :illsdale Oz -ort Beach CA 92660-4235 .._..: 939-63-110 fa• _cnald Roy Sheetz C5 -illsdale Dr ::e :-ort Beach CA 92660-4235 ..C..: 939-63-113 fa. :"w,.3. Myers _.. Sillsdale Dr .._:-ort Beach CA 92660-4234 APN: 939-63-114 fa- APN: 939-63-115 fa. A:::: 939-63-116 fa - Paper Associates U S A _nc Mary Jo Donofrio .'chn H. Connell 12310 Slauson Ave 14 Hillsdale Dr 16 Hillsdale Dr Santa Fe Spgs CA 906-0 Newport Beach CA 92-660-4234 Newport Beach CA 92660-4234 APN: 939-63-117 fa• APN: 939-63-118 fa. AP..: 939-63-119 fa- Ghobad Fakhimi Charles A. Hart-'= W. Rose 18 Hillsdale Dr Po Box 34022 22 Hillsdale Dr Newport Beach CA 32660-4234 Fullerton CA 92634 Newport Beach CA.92660-4234 APN. 939-63-120 fa- APN: 939-63-121 fa. ...c.:: 939-63-122 fa - Shaw Margarita H Trust Elliot B. Reiff Ja.-.es J. Shea Jr. 24 Hillsdale Dr 26 Hillsdale Dr 42600 Bob Hope Dr 406 Newport Beach CA 9265:-4234 Newport Beach CA 92660-4234 Rancho Mirage CA 92270 APN: 939-63-123 fa- APN: 939-63-124 fa* .A2N: 939-63.125 fa+ Jeff Dennis Ferert= Kamran Ghodsian scan C. Maifeld 30 Hillsdale Dr 32 Hillsdale Dr 34 Hillsdale Dr Newport Beach CA 926f0-4234 Newport Beach CA 31660-4234 .:_.port Beach CA 92660-4234 APN: 939-63-126 fa* APN: 939-63-127 fa• ..+P.:: 939-63-128 fa - George Raluy George N. Irwin --'ego Ostroski 36 Hillsdale Dr 38 Hillsdale Dr -: Hillsdale Dr Newport Beach CA 92660-4234 Newport Beach C, 32660-4234 N'e.port Beach CA 92660-4234 APN: 939-63-129 fa. APN: 939-63-130 fa* .z=..: 939-63-131 fa - George M. Campion Donald M. Tarbe-- .-_ B. Drupe 42 Hillsdale Dr 44 Hillsdale Dr 4- Hillsdale Dr Newport Beach CA 92660.4234 Newport Beach CA 32660-4234 ::e.port Beach CA 92660-4234 APN: 939-63-132 fa- APN: 939-63-133 fa• __':: 939-63-134 fa* Ronald L. Felsot Victor H. Indiek Inc 48 Hillsdale Dr 50 Hillsdale Dr -:304 Santa Monica B1•:d Newport Beach CA 9x67-4234 Newport Beach CA '2660-4234 _cs Angeles CA 90025 APN: 939-63-135 fa. APN: 939-63-136 fa- _+-=_.: 939-63-137 fa. Frank Joklik Paul F. Marx Kathleen M. Brown 315 Federal Heights =-- 39 Hillsdale Dr <_ Hillsdale Dr Salt Lake Cty UT 64=_3 Newport Beach CA '2660-4235 Newport Beach CA 92660-4235 APN: 939-63-138 fa* APN: 939-63-139 fa- .-._..: 939-63-140 fa. Green Trust Helen M. Anderscm Gerald L. Greer 43 Hillsdale Dr 45 Hillsdale Dr 52 Hillsdale Dr Newport Beach CA 92ff0-4235 Newport Beach CA 92660-4235 Newport Beach CA 92660-4235 AFN: 939-63-141 fa- APN: 939-63-142 fa• Aa.:: 939-63-143 fa - Edward W. Dobson Gary L. Davidson Jc=n V. Fiore Jr. 57 Hillsdale Dr 59 Hillsdale Dr 61 Hillsdale Dr Newport Beach CA 92667-4235 Newport Beach CA 32660-4235 Newport Beach CA 92660-4235 AP:;: 939-63-144 fa- APN: 939-63-145 fa. APN: 939-63-146 fa - Charles W. Hester Marian B. Reedy Beverley June Goebel 63 Hillsdale Dr 65 Hillsdale Dr 67 Hillsdale Dr Newport Beach CA 92660-4235 Newport Beach CA 92663-4235 Newport Beach CA 92660-4235 A^.;: 939-63-147 fa` APN: 939-63-148 fa- APN: 939-63-149 fa- B=.ie Leetmaa Jack A. Carr William J. Crawford 69 Hillsdale Dr 71 Hillsdale Dr 73 Hillsdale Dr Ne:m-ort Beach CA 92660-4235 Newport Beach CA 92660-4235 Newport Beach CA 92660-4235 APS: 939-63-150 fa- APN: 939-63-151 fa4 APN: 939-63-152 fat Virginia C. Zenz Ricard H. Wheaton Michael J. Skellern 75 Hillsdale Dr 77 Hillsdale Dr 79 Hillsdale Dr Ne'port Beach CA 92660-4235 Seuvort Beach CA 92663-4235 Newport Beach CA 92660-4235 AP::: 939-63-153 fa- APN: 939-63-154 fa- APN: 939-63-155 fa- Rc=ert L. Kinton Howard H. Magor Robert K. Duke 8l Hillsdale Dr 83 Hillsdale Dr 85 Hillsdale Dr Ne'w�ort Beach CA 92660-4235 Newport Beach CA 92660-4235 Newport Beach CA 92660-4235 AP:;: 939-63-156 fa- APN: 939-63-157 fa- APN: 939-63-158 fa* Charles R. Hilton James M. Peters Jr. Barbara H. Carlson 8' Hillsdale Dr 2641 Circle Dr 2 Hillsdale Dr Ne'.vort Beach CA 92660-4235 Newport Beach CA 92663 Newport Beach CA 92660-4234 Pacific Bay Homes AP::: 939-63-159 fa. APt;: 939-63-160 fa- Patrick Hayes Gar_: L. Kramer James D. Tuccinardi 18400 Von Karman, Ste. 900 2''— North Tustin Ave 6 Hillsdale Dr Irvine Ca 92715 . S>:_a Ana CA 92705 Newport Beach CA 92660-4234 Belcourt Terr. HO Assn. Belcourt Master Comm. Assn. Bayridge Park HO Assn. c/o Prof. Mgmt. Assn. c/o Professional Mgmt. Assn. c/o Rinevol Mgmt. Co. Ruth Sours Cathy Cotrell Barbara Volpe PO Box 19530 PO Box 19530 23421 South Pointe Dr. 200 Irvine Ca 92713 Irvine Ca 92713 Laguna Hills Ca 92653 Authorized to Publish Advertisements of all kinciftluding public notices by Decree of the Superior Court of Orange CounlyWitcurria. Number A-6214, September 29, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City,of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 3, 8, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July e , 199 6 at Costa Mesa, California. Signature 0 NOTICE INVITING BIDS Sealed bids may be re- ceived at the office of the City Clerl,. 3300 1,18"On Boulevard, P.O. Box 1766, Newport Beach, CA 92659- 1768 unhl 2:00 P.M on the 291h day of July, 1996- at which 4ime such bids will be opened and read for: BAYVIEW WAYIJAMBO- .PP ROAD IMPROVE-' Contract No.: 3034 c ..n inaer's Estimate: Prospective bidders may obtain one set of bid docu- ments at no cost at the of - lice of the Public Works Department, 3300 Newport _.�e d Newoort Beach, 7"U " - Pub ish ed Newport Beach -Costa Mesa Deily Pilot July 3. B. 1996.WM753 0 6 ORDINANCE NO. 96-26 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 8 BETWEEN THE CITY OF NEWPORT BEACH AND THE FORD MOTOR LAND DEVELOPMENT CORPORATION WITH RESPECT TO THE FCBD LAND/NEWPORTPROJECT The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. The City Council finds and declares that: a. The State Legislature and the City Council have determined that the lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance that an applicant may proceed with a project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and C. California Government Code Section 65864 et seq. authorizes cities to enter into development agreements with any person having a legal or equitable interest in real property for the development of the property; and d. Chapter 15.45 of the Newport Beach Municipal Code provides requirements and procedures for the amendment of development agreements; and e. The First Amendment to Development Agreement No. 8 has been prepared in compliance with state law and the Newport Beach Municipal Code; and f. In compliance with state law and city ordinance, a duly noticed public hearing was held by the City Council to consider the First Amendment to Development Agreement No. 8; and 1 g. The City Council finds that the amendment to Development Agreement No. 8 is in compliance with the California Environmental Quality Act and Guidelines promulgated thereunder; and h. The City Council finds that the amendment to Development Agreement No. 8 is in conformance with the Newport Beach General Plan. SECTION 2. The First Amendment to Development Agreement No. 8 is hereby adopted and made a part hereof by this reference. SECTION 3. Copies of said Development Agreement are on file in the offices of the City Clerk and Planning Department of the City of Newport Beach. SECTION 4. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of July 1996, and was adopted on the 2 2nd day of I u 1 Y,1996, by the following vote, to wit: ATTEST: CITY CLERK F:\WP51\PLANNING\ICC-RPTEC960708\IDAS-ORD.DOC AYES, COUNCIL MEMBERS HEDGES, DEBAY, , GLOVER, EDWARDS, WATT, O'NEIL, COX NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE MAYOR 2 Authorized to Publish Advertisements of all kinds Scling public notices by Decree of the Superior Court of Orange County, California. Number A-6714, September 29, 1961, and A-24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter, I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: July 11, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 11 , 199 6 at Costa Mesa, California. Signature PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing on the application of Pacific Bay Homes for Ordinance No. 96.26 (First Amendment to Develop- ment Agreement No. 0) and Amendments to the Aeronutronic Ford Planned Community (Zoning Amendment No. 848), on the property located at 2300 Jamboree Road. Amendment to Develop. ment Agreement No. 8 and the District Regulations 2(A), to include: a redue tion in the number of at. lowed dwelling units from 500 to 450 within Area 4: change Area 4 permitted uses from Industrial/Re- search and Development to Residential uses; establish development standards for Area 4; establish site plan review and use permit re- quirements for specified uses; establish private street standards; and to es. tablish specific sign stand- ards and criteria. Notice is hereby given that all significant environ- mental concerns for the proposed project have been addressed In a previ- ously certified environ- mental document. The City of Newport Beach Intends to use said document for the above noted project, and further that there are no additional reasonable alternalive or mitigation measures that should be considered in conjunction with said project. Copies of the previously prepared en- vironmental document are available for public review and Inspection at the Plan. ning Department, City of Is nearing will be nem on the 22nd day of July 1996, at the hour of 7:00 p.m. In the Council Chambers of the Newport Beach City Hall, 3300 Newport Boule- vard, Newport Beach, Cali- fornia, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or In written corresppondence delivered to the City at. or For Information call (714) 644-3200. LeVonne M. Hark. less, CMC/AAE, City Clerk, City of Newport Beach Publi9hetl Newport Beach -Costa Mesa Daily Pilot July 11, 1996. Ih4271,