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HomeMy WebLinkAboutNORTH FORD DEVEL AGRM*NEW FILE* North Ford Devel Agrm RECORDING REQUEST BY AND WHEN RECORDED MAIL'TO: City Cleric City of Newport Beach • 3300 Newport Boulevard Newport Beach, California NORTH FORD DEVELOPMENT AGREEMENT /� This Agreement entered into this ,9 day of(�S_& 1985, by and between the City of Newport Beach, a Municipal Corporation and Charter City ("City") and The Irvine Company, a Michigan Corporation, ("Company") is made with reference to the following facts: A. Company is the owner of three parcels of real pro- perty, located in the City of Newport Beach, commonly known as North Ford, MacArthur Court and San Diego Creek. MacArthur Court is bounded on the north by Campus Drive, on theowest by MacArthur Blvd., consists of approximately 18 acres, and the legal descrip- tion for the parcel is attached as -Exhibit "A". North Ford is bounded on the north by the roadway known as University Drive extended, on the west by Jamboree Blvd., on the east by MacArthur Blvd., consists of approximately 84 acres and the legal descrip- tion for the parcel is attached as Exhibit "B". San Diego Creek is bounded on the south by University Drive extended, on the north by San Diego Creek Channel, and on the west and east by Jamboree and MacArthur, consists of approximately 22 acres and the legal description for the parcel is attached as exhibit "C." B. Company has a vested right, pursuant to the Stipu- lated Judgment entered in Orange County Superior Court Case No. 32-18-70, to construct, on a portion of the North Ford parcel, FR M1 1 M� FEE- aAf7✓1 l - Yy"*nCal POL a6K-li{. FoY1 o Oeva0pmc-fj A-4d�tAW • 0 120 dwelling units, 295,000 sq. ft. of industrial/office space and 28,500 sq. ft. of commercial space. The Stipulated Judgment provides that these development rights can be changed only with the consent of Company. C. On October 24, 19832 City approved General Plan Amendment No. 82-1 (GPA 82-1). GPA 82-1 amended the General Plan Land Use Designations for the North Ford, MacArthur Court and San .Diego Creek parcels subject to certain conditions. Thes-e amend- ments can be summarized as follows: 1. The portion of North Ford to be devoted to residential uses was increased in size[and the maximum number of • dwelling units was increased from 120 to 888; 2. At least 222 of the dwelling units on North Ford would be affordable to persons of low or moderate income; 3. The permitted commercial development on North Ford was increased from 28,500 sq. ft. to 50,000 sq. ft.; and 4. The 2952000 sq. ft. of industrial/office development was converted to office/commercial use and the devel- opment rights were transferred to MacArthur Court. 5. The San Diego Creek parcel was designated for administrative, professional and financial uses of unspecified density and intensity. • D. The right of Company to develop North Ford and MacArthur Court is subject to numerous conditions. These condi- tions were imposed by City in conjunction with the processing of tentative tract map 10019 and GPA 82-1, and were necessary to mitigate the significant effects of the project and to ensure conformity with City ordinances, plans and policies. One of the conditions of approval requires the City and Company to enter into a Development Agreement to implement the land uses, policies and constraints on future development established by GPA 82-1. E. City and Company are authorized to enter into this Development Agreement pursuant to the[provisions of the Charter • and Ordinances of the City of Newport Beach and the provisions of Section 65864, et. 'seq., of -the Government'Code of 'the State of California. F. This Development Agreement is consistent with all -elements ,of the•.-City!s General Plan, zoning and subdivision ordi- nances, and implements policies, programs and objectives estab- lished in the City's Housing Element (adopted in 1974, and revised in 1981, 1982 and 1984.) G. This Development Agreement has been processed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code and the provisions of Section 65864, at. seq., of the Government Code. • 3 • AGREEMENT 1. Subject Property / Purpose The purpose of this Agreement is to authorize, and vest for the term of this Agreement, certain development rights on the real property described in Exhibits "A," "B," and "C" and, further, to specify the terms, conditions and restrictions on these development rights. 2. Basic Development Rights of San Diego Creek Company shall have the right to construct admini- strative, professional and financial commercial/office space on the San Diego Creek parcel. The density and intensity of, and • the conditions and restrictions on these development rights shall be determined by City at a later date. Company's right to devel- op the San Diego Creek parcel shall be subject to the conditions or restrictions imposed by City at the time the density and intensity of Development is established. The restrictions on the power of City to impose conditions or restrictions on develop- ment, as set forth in Paragraphs 4 and 5, shall not apply to proposed development on San Diego Creek. 3. Basic Development Rights on North Ford and MacArthur Court Subject to the conditions and restrictions describ- ed in this Agreement, Company shall have the right to construct the following: 4 0 0 • A. North Ford 888 dwelling units; 50,000 sq. ft. of commercial development. B. MacArthur Court 295,000 sq. ft. of office development (this is in addition to any development rights existing as of the date of this Agreement). 4. Conditions be Restrictions on Basic Development Rights The basic development rights of Company, as outlin- ed in Paragraph 3 are subject to th4 following conditions and restrictions: A. •'Affordable Housing Requirement (1) Of the 888 residential units to be con- structed on North Ford, at least 222 shall be rented or sold at rates{ or prices- which are, affordable• to persons or famili-es.-of low or median income (affordable units). Unless otherwise speci- fied, the terms "low income" and "median income" shall be defined as 80% or less, and between 80% and 100%, respectively, of the Orange County annualized median family income as periodically published by the County of Orange, regardless of family size. Units will be considered affordable to persons or families of low or moderate income if the rental rates do not exceed the maximum 5 0 • rates specified in Paragraph 4A(6). The parties are to agree on a substitute source if this income data is no longer published or periodically updated by the County of Orange. The remainder of the 888 units shall be considered "market rate units," and not subject to any affordability or occupancy requirement of this Agreement; (2) Except as provided in Paragraph 4A(4), at least 44 of the 222 affordable units shall be made available for occupancy by persons or families of low income. The remainder of the affordable units (178) shall be made available for occu- pancy by persons or families of median income; (3) In an effort to make a larger portion of the affordable units available to persons and families of low income, Company shall apply for mortgage revenue bond financing, under the program currently sponsored by the County of Orange, to assist in the construction of approximately 580 of the 888 units authorized on North Ford. The Company shall use its best efforts to secure such financing, and shall diligently pursue approval. If Company is required, as a condition of eligibility for mort- gage revenue bond financing, to construct more than 44 low income units, then Company's obligation to provide median income units under this Agreement shall be reduced by the number of low incomw units constructed that are in excess of the 44 units required by this Agreement.. 6 • (4) The inability of Company to secure tax exempt bond financing and/or changes in financial conditions (such as increased interest rates), may make it economically infeasible to maintain the affordability or occupancy requirements of this Agreement. In the event that Company can demonstrate a change in financial conditions from those which existed as of the date of the approval of GPA 82-1, the parties shall meet and confer with respect to changes in the affordability criteria or development standards established by this Agreement, but in no event shall this Agreement be amended to permit construction of less than 224 affordable units. • (5) City and Company agree that community development block 'grant and/or Jobs Bi•T funds (CDBG"Funds) cur- rently available to City may be used, to the extent approved by the United States Department of Housing and Urban Development (HUD), to purchase property; or .an int,er•est in• prope-r-ty,•within- North Ford for the purpose of providing housing affordable to persons of low income, as that term is defined by HUD. The obli- gation of City to use CDBG Funds to purchase property, or an interest in property, within North Ford, and the obligation of Company to provide low income housing on that property shall be accomplished in accordance with, and subject to, the following: • 7 • (a) Company has, under threat of condemnation, agreed to sell a 5.95 +/- acre parcel, or an interest therein, in North Ford (CDBG parcel), for the sum of one million dollars ($12000,000.00). Company's obligation to sell this property interest is contingent upon approval of the proposed purchase by HUD. The obligation of Company to sell the CDBG parcel, or an interest therein, is contingent upon the power of City to recon- vey the parcel under the terms specified in Subparagraphs (b),(c) and (d). The obligation of Company to convey any interest in the CDBG parcel to City, or any obligation to construct or maintain the low income units on that parcel, i.`s contingent upon, subject • to, and limited by, maintaining a ten-year term of affordability, and the use of the rental rates, occupancy standards and qualification requirements specified in this Agreement; (b) City agrees •to purchase the CDBG parcel, or a pro- perty interest therein, for the sum of one million dollars ($1,000,000.00). The obligation of _City to purchase the CDBG parcel is contingent upon the receipt of CDBG funds in a sum equal to, or in excess of, the purchase price, and is also con- tingent upon the commitment of Company to provide affordable housing under the terms set forth in Subparagraph (d). The obli- gation of City to purchase, and Company to sell, the CDBG parcel, or an interest therein, is also contingent on the power of City, • 8 under State and Federal law, to participate in the transaction under the terms specified in this paragraph; (c) In the event that City acquires an interest in the CDBG parcel, the nature of that interest shall ensure the provi- sion of affordable housing as specified in Subparagraph (d). In the event that City acquires a fee interest in the CDBG parcel, City shall reconvey the CDBG parcel to Company for one dollar ($1.00), subject to the reservation of an interest that will ensure the provision of affordable housing as specified in Sub- paragraph (d); (d) In the event the City! acquires, or reserves, a • property interest as described in Subparagraph (c), that interest shall commit Company to construct, on the CDBG parcel, 50 dwel- 0 ling units affordable to persons or families of low income as defined by HUD, and those 50 units shall remain affordable for a period of -ten years.; -as •provided in this- Agreement. Company shall also commit to construct no more than 98 total units on the CDBG parcel and, with respect to that parcel, Company will comply with all Federal and State statutes and regulations applicable to projects funded in whole or in part with CDBG funds, and which pertain to activities other than the actual construction of the low income units. W 0 04 C__ • (e) In the event that City and Company are unable, on or before June 30, 1985, to complete the transaction described in these Subparagraphs, the obligations of City and Company pur- suant to this paragraph shall be void and of no effect; (f) Company's obligation to provide median income units shall be reduced by the number of affordable units provided through the use of CDBG funds, but the Company's obligation to provide low income units shall not be affected. (6) If Company constructs rental housing in satisfaction of its obligation to provide affordable units, the maximum permitted monthly rents for all affordable units other • than those provided through the use of CDBG funds shall be as follows: County Median Income Units 1 bedroom 30% of 100% of County Median Income divided by 12 months 2 bedroom 30% of 100% of County Median Income divided by 12 months County Low Income Units 1 bedroom 30% of 80% of County Median Income divid- ed by 12 months minus 10% • 10 0 2 bedroom 30% of 80% of County Median Income divid- ed by 12 months minus 7 1/2% (7) In the event that tax exempt bond financing is not available for the construction of the affordable units, Com- pany shall have the option of constructing "for sale" units. The sale price of the units shall be consistent with the terms and conditions of this Agreement and the Housing Element of the Newport Beach General Plan, then in effect. The deed conveying the unit and/or property to the initial purchaser shall contain • provisions which: (a) Prohibit, for a period of ten years from date of recordation, the sale of the unit and/or property for a sum in excess of three (3) times the maximum qualifying income for low or median income persons or families, whichever is appro- priate; and (b) Prohibit, during that ten year period, the sale of the unit and/or property, to any person or family having an income, for the 12 months immediately prior to the sale, in excess of that which would qualify that person or family as low or median income, whichever is.appropriate. • 11 (8) Company will be responsible for ensuring that persons or families who rent the affordable units qualify to occupy the units at initial occupancy. To ensure an adequate pool of applicants and to ensure that the income of successful applicants is within the limits established by this Agreement, Company shall do the following: (a) Company shall advertise the availability of the affordable units at least once in a newspaper of general circulation within the County of Orange; (b) Company shall provide City and County of Orange with written notice of the availability of the affordable • units at least 10 days prior to the last date on which applica- tions for occupancy are accepted; (c) Company shall accept applications for occupancy for a period of- not less than 10 days after the last date on which the availability of the affordable units is adver- tised; (d) The obligation of Company to advertise, or notify the City and County of, the availability of affordable units, as specified in Subparagraphs (a) through (c), shall appwy only to the initial leasing of each phase of development containing affordable units. • 12 C, (e) Company shall require persons or families applying for occupancy to state their gross income fo.r the past 12 months. Company shall then determine whether the gross income specified by the applicant qualifies as low or me- than income as provided by this agreement. Except as provided in Subsection (h), Company shall not permit occupancy of affordable units by persons or families certifying to a gross income in excess of the limits specified in this Agreement. The certifica- tion of gross income shall be under penalty of perjury and Com- pany may rely upon the income statement in qualifying the appli- cant for occupancy. . (f) Selection of the occupants of the affor- dable units-s'hall be based on criteria that are neutral as to race, religion, sex, creed, ethnic origin, and selection shall not be based on any criteria prohibited by the Constitution or laws of the United. States or.•the State of•Cal-ifor.nia or criteria which would favor employees of Company or City. (g) Company shall, annually, provide City with a schedule of the rental rates then in effect for each of the affordable units. Company shall also provide the City, an- nually, with a copy of income certifications completed by the tenants of the affordable units that have become tenants during the proceeding year. 0 13 • (li)yUpon written request of City, to be sub- mitted no more frequently than once every 12 months, Company shall require persons or families who have been tenants of affordable units for a period of one year or more, to state under penalty of perjury, their gross income for the previous 12 months. Copies of the r'ecertifications certificates shall be given to the City. Company shall not be required to terminate the tenancy of any persons or family occupying an affordable unit, unless the tenants' gross income exceeds, by more than 10%, the maximum income which would qualify the person or family to occupy the unit. • (9) The term of affordability for all low and moderate income 'uni'ts in` any -phas,e -of development shall commence on the date that fifty percent (50%) of the affordable units in that phase are first occupied and shall continue for a period of ten years (10) Company shall have the discretion to determine the number of bedrooms in each affordable unit provided at least 50% of the affordable units shall contain two or more bedrooms. (11) Phasing (a) Intent It is the intent of the Parties that occupancy of any portion of the additional 295,000 sq. ft. of is 14 0 office development in MacArthur Court should, to the extent pos- sible, proceed concurrently with the construction of the residen- tial units on North Ford. Company commits to use all reasonable efforts, and proceed in good faith, to satisfy and complete, at the earliest possible time, all conditions to the residential development for North Ford and, thereafter, to complete construc- tion of the residential units. (b) Basic Phasing Conditions CC.ertif-i-caaes.;,of _occupaAy shall be issued for the ait3i i.onal==2-95,000-sq f-t-. ,of-o�.fieeldevelopment in Mac- Arthur Court authorized by this Agreem[ent, ';arid:: rke'C__ra-f.e�_resT authorized for North Ford, (_In-=pr-oport.i-on_to ttLej domp-leti-on _o-f-_-s�utrst•a-n-t-i-al- %-onrs,trvexaon�f: .ffie :afforda_b-1e—unibs. The term "ub`taritX.al-_c.ons.t.r_uct-i'on" shall mean the completion of oundatZgs__.and__subsYanfial co��Teti_=vexte�ioc fr min`g. A Certificate of Occupancy shall be issued for ft qj sg..., of) %f,"f.ice Ts -pace_ anc5" 3.-mar;ke_t__r_a.f_e__u _nit-s -upon completion-- o-f-- sub- tan2lalc:onsacuc. on_o•>_ea.e'K-af'f_or'dabl.e_ unit:) (c) Exceptions to Basic Phasing ( i ) The Parties recognize that, even if Company uses all reasonable efforts and proceeds in good faith, construction of the affordable units on North Ford may be delayed past the date on which a Certificate of Occupancy could otherwise 0 15 be issued for some, or all, of the additional 295,000 sq. ft. of office development in MacArthur Court authorized by this Agreement. One of the major factors which may cause delay is the coamitment of Company to allow deposition, on the North Ford parcel, of approximately 650,000 cubic yds. of material dredged from the upper bay in conjunction with Unit I, of the Upper Newport Bay Sedimentation Control and Restoration Project (Contract No. 2441). This material may be deposited on North Ford over a period of six to twelve months, and would be utilized by Company to surcharge a large portion of the North Ford parcel. The time necessary to remov6 the sediments from Upper • Newport Bay and the requirement that the dredged material remain onsite, as surcharge, for approximately six months, could result in delays up to eighteen months in the construction of some or all of the residential units. Other factors which could delay construction of the affordable units on North Ford include, .but are not necessarily limited to, unreasonable or unanticipated delays in the processing or receipt of ;governmen-tal--p'ermi::s or ap- -vgjs (such as Coastal Commission approval and consent of the City of Irvine to the extension of University Drive); delays associated with the acgu—i-s-i-t-i.on---o-f—r•i-g-h-t-of---wa-y or property ------------ -- interests necessary to complete construction of circulation system improvements required by this Agreement; unreasonable or 0 16 • excessive delays in securing mortgage revenue bond or other tax exempt financing; delays in the financing or construction of the residential units caused by litigation commenced by third parties challenging either the provisions of this Agreement or the power or validity of any action by the City in approving or authorizing development •rights on the parcels subject to this Agreement; and acts of God or other conditions beyond Company's control. (ii) Notwithstanding •the provisions of Subparagraph (b), upon completion of substantial. construction of 50%, or more of the affordable units, City shall issue a Cer- tificate of Occupancy for all of the additional 295,000 sq. ft. • of office if, prior to issuance, Company executes an agreement (guarantee) -in a form satisfactory to•the•City Attorney and City Manager, guaranteeing completion of affordable units within 18 months from the date that the Certificate of Occupancy is issued.•• This guarantee shall also provide that, in •the event that construction is delayed for any of reasons described in Subparagraph (c)(0 , the deadline Tor completion of all afford able units shall be extended to the extent of the delay. This guarantee shall also provide that Company, in the event it fails to complete all affordable units within 18 months, plus any addi- tional time allowed because of delays caused by the factors spe- cified in Subparagraph (c)(i), shall, for each 10 day period, or fraction thereof, that construction is delayed past the deadline, • 17 extend the term of affordability for all low income units for a period of 30 days beyond -the time specified in this Agreement. It is the intent of the Parties that nothing in this paragraph shall relieve Company of, or modify, its obligation to provide the affordable units required by this Agreement. ( i i i ) In the event that Company is unable to complete substantial construction of 50k or more of the affordable units, because of delays caused by the factors speci- fied in Subparagraph (c)(i), prior to the date on which a Certi- ficate of Occupancy could otherwise be issued for some or all of the additional 295,000 sq. ft. of office development in MacArthur • Court, City shall issue Certificates of Occupany for the office development if: • (a) The delay was not caused by any failure of Company to diligently, and in good faith, pursue all available means to commence and complete substantial construction of the units; and (b) Company has diligently, and in good faith, commenced, and pursued to substantial completion, construction of those affordable units, the construction of which was unaffected by the factors which caused the delay. (iv) Nothing in this paragraph shall relieve Company of the obligation to comply with, satisfy, and complete, conditions on development imposed by this Agreement. m 0 B. Park Dedication Company shall dedicate to City ac-12 +/- acres pack; site, at or near the location depicted on Exhibit "D" (the dedication site). (1) The dedication site shall be described as a separate parcel in the first subdivision tract map for the North Ford parcel, and an offer of- de�dic'a,t o ."s.ha1-1 be recorded; concucrentl.y -w-ith recordation of, that map. The offer of dedica- tion shall be in a form satisfactory to City. (2) Company shall be responsible for: (a) ;Rough_-gr-ad-ing the -ded1ca.t-ion site • concu:rr_enfly-=w.it.h #rie: 'f-.Lr.s_t. ;phas.e of % g"radj or. surcharging, roadways or i lsuildng_ s.itesj or as otherwise agreed by City and Company; (b) Installing ;,roadway, and r,elated improvements adjacent to the dedication site; and (c) Installation of all necessary utili- ties stubbed to the boundary of the dedication site. (d) Except as provided above, Company shall have no obligation to make any improvements on or to the dedication site. 0 19 (3) City shall have access to the dedication site upon acceptance of the offer of dedication; provided, how- ever, that after recordation of the subdivision map creating the dedication site as a separate parcel, Company shall grant City access upon City's acceptance of the terms and conditions attached to Company's standard form entry permit. City shall be empowered to make improvements to the dedication sites so long as construction does not unreasonably interfere with Company's work of improving the remainder of the North Ford parcel or making the improvements to the dedication site. Company acknowledges that City shall be entitled to use a portionl, of the dedication site • for a public safety facility to serve the needs of the residents of North Ford and nearby areas. C. Circulation System Improvements (1) Company -steal-1, pai-or- fo ;f:he iis'ganc_e of A Certificate of Ocaupane-y--for any -market ra-t_e- re's:iden-t-lal unit to be canst-r-ucted on Nor'th_Ford, ,do_the- following: (:a); Dedicate 104 - 108 ft. of right-of- way for roadway purposes to allow the extension of University Drive from MacArthur Boulevard to Jamboree Road. Company shall also construct, to primary arterial standards and to a width of 84 ft., all street improvements necessary to complete the exten- sion of University Drive to Jamboree Road, including, but not 0 20 necessarily limited to, modification to the traffic signals at Jamboree Road and University Drive Extended. Notwithstanding the foregoing, Company shall be entitled to the issuance of Certifi- cates of Occupancy for the 98 units to be constructed on the CDBG parcel and 290 residential units of which 111 are to be afford- able, under the following circumstances: (i) Company has used all reasonable means, in good faith, to secure or obtain necessary governmental approvals and/or right-of-way for the extension of University Drive, but has been unable to do so prior to the date on which Certificates of Occupancy could otherwise be issued for some or • all of the additional 295,000 sq. ft. of office development in MacArthur Court; and (ii) Company has completed the improvements required by Subparagraph 4(C)(4)(b).; and -I, ,r I 1 (iii) Company-has•<completed Univer- sity Drive within the boundaries of the North Ford parcel. (b) Construct, to major arterial stan- dards, the east side of Jamboree Road 'between Bison Ave. and Eastbluff Dr. within the existing right-of-way except as provided in Subparagraph (c); (c) Finish and complete the improvements commenced by J.M. Peters in conjunction with that company's addi- • 21 tion of a southbound double left turn lane on Jamboree Road at its intersection with Bison Ave. The required improvements con- sist of paving and construction of curb and gutter along the easterly side of Jamboree, and northerly of Bison, for a distance of approximately 200 feet. (2) Pri.or to fh"a:i.s.s_uance_-of-A_Cent ificate of Occupancy for the 82.5_th..-dwell.i.ng_ un.t_, Company--sha-il- sati-s-fy t-he- followi.ng -condi Yi.ons: _(a)' A third westbound through lane shall be added to the intersection of Coast Hwy./Orange and Coast Hwy./Prospect. These improvements shall be made by City using • the fees to be paid by Company pursuant to Paragraph 4(C)(5)(b). If these improvements are made by a public agency other than City, agency or private party, then City shall retain the fees, otherwise to be devoted to this improvement, and use the fees to make other roadway improvements related to the devel- opment authorized by this Agreement. 15), A third westbound lane shall be added to Pacific Coast Hwy. between MacArthur Blvd. and Bayside Dr. It is contemplated that these improvements will be made by City as a part of a construction project scheduled to begin in the fall of 1985. In the event these improvements are not completed before the issuance of a Certificate of Occupancy for • 22 • the 825th residential unit, Company shall prior to issuance of the certificate of occupancy pay a fee, the precise amount of which shall be predicated on the proportionate share of traffic generated by the development authorized by this Agreement. ;_:pt,loc_:to-_t:he._:iss.uance of a Certificate of Occupaficy_ V_t develop"milnt-=--I.n MacA-rthu-r---Cou-rt, do, the fo-llowj*gg, 4 (a) Restripe, and widen if necessary, Campus Dr. to accommodate a second left turn lane (to northbound MacArthur), on the south side of Campus Dr. at its intersection with MacArthur Blvd. i Prepare and execute an Agreement to dedicate to City'all additional right-of-way necessary for the construction of street improvements on the MacArthur Blvd./Avo- cado Corridor, southerly of Ford Rd., as shown on the current City Master Plan of Streets and, Highways.... In the event •that the Master Plan of Streets and Highways is amended to require street improvements different than those shown on the Plan as of the date of this Development Agreement, Company's obligation to dedi- cate right-of-way pursuant to this Agreement shall be increased or decreased, which ever is appropriate, provided, however, the size and extent of the property to be dedicated by Company shall not, in any event, be substantially greater than that required by 0 23 • the Circulation Element, Master Plan of Streets and Highways in effect as of the date of. this Agreement. The Agreement shall provide that City is empowered to accept all or a portion of the property offered for dedication at any time City determines that construction of some or all of the improvements can be accom- plished through the use of fair share, or other, revenues. The Agreement shall also provide that the acceptance of only a por- tion of the property offered for dedication, shall in no way effect or invalidate the remainder of the offer. (4)r Prior t:o the is-s-uance__o%._a_Cgrtifi-cate o.f. Occupancy for- comnerc-1-a-1: dev-e_1-opment. Fon Elie - -North Ford- pa,r.cel, • Company shall da the ,fo1-1owing: - _ (g)i Restripe and widen the easterly side • of MacArthur Blvd. northerly and southerly of its intersection with Bison Ave. to add a third northbound lane. The third lane shall be constructed to major arterial standards, and shall ex- tend for a length to be determined by the Public Works Department, but not to exceed 1,000 ft. in either direction un- less Company consents in writing, to a greater distance; (6)1 Restripe, and widen, the westerly side of MacArthur Blvd. between Bonita Canyon Rd. and Bison to provide three travel lanes southbound; 24 • 'c) In addition to the widening of MacArthur Blvd. described. in the previous subparagraph, Company shall restripe, and widen the westerly side of MacArthur Blvd., both northerly and southerly of its intersection with Bison Ave. to provide an additional fourth travel lane. This improvement shall be constructed to major arterial standards and the length of the additional fourth lane shall be no more than 1,000 ft. in either direction, unless Company consents, in writing, to a greater length. (`0.2 All circulation system improvements required along the westerly side of MacArthur Blvd. adjacent to • the commercial parcel, shall be constructed in accordance with major arterial standards and concurrently with -the -construction of the Bison Ave./MacArthur Blvd. intersection; ;(Ce)a' Install a traffic signal at the :intersection of Kaon Ave., and Camelback Dri.; .and Q1 Company shall reimburse J.M. Peters, Inc. for 50% of the difference of between the costs incurred by Peters in the installation of traffic signals at Bison Ave./MacArthur Blvd., and Bison Ave./Jamboree Rd., and the costs incurred by Company in the installation of the traffic signal at Bison Ave./Camelbaek Rd. 0 25 • 0 • 1-51'Add.1ti'onal -traffic -related co�ldl-ti.ons: r-i"ar -t-o•- the is•s"uanee of,' a'_ny Grading , Permit for tfib Fdf'th Ford Parcel,, Company shall deposit $40,000 „ with City to be used to defer. the costs of the c.onstcucf}on _oi noise walls along the "wes"terly _s d6 of Jamboree. -Rd-., and along the southerly side q,f, Paci.fi,c Coast,IAwy.r' The parties acknowledge that, with the exception of the conditions imposed by this Agree- ment, the additional 295,000 sq. ft. of office development, authorized by this Agreement, on MacArthur Court, is exempt from any fees related to traffic, including, but not necessarily limited to, the fees required by Section 15.38 of the Newport Beach Municipal Code. (b) Company shall pay a fee for the commercial development and the last 546 market rate dwelling units to be constructed on North Ford. Th;e fee shall�be, p.a,id,. when bul1dirig Permit -9 a"re "issued). The fees for commercial devel- opment shall be $3.82 per sg. f.t. of net floor area. The fees for each residential unit shall be $1,103.05. Company acknow- ledges that this contribution is necessary to mitigate the signi- ficant effect of the additional traffic generated by the develop- ment authorized by this Agreement. Company agrees that this fee would be required irrespective of the Fair Share Traffic Contri- bution Ordinate, and that no refund will be requested in the 26 event that Ordinance is, for any reason, declared invalid. City agrees that Company shall not be required to pay any fees other than those provided in this Agreement and that the development authorized by this Agreement shall be exempt from any ordinance, resolution or policy, adopted subsequent to the date of this Agreement, which, if applicable to Company, would require the payment of any fee, or the construction of any improvement, be- cause of the vehicular traffic generated by any of the develop- ment authorized in this Agreement.' (6) Implementation of Circulation System Improvement: s • Company acknowledges that some of the roadway improvements required of Company pursuant to this Agree- ment are to be constructed on land to which neither the City nor Company has sufficient title or interest, as of the date of this Agreement; -•to allow the- improvement-s' to -be constructed. In all such cases, Company agrees to negotiate, in good faith, with the property owner to secure the interest necessary to allow for construction of the improvement. In the event that company is unable to acquire the property necessary to make the improvements City shall, within a reasonable period of time, commence proceedings pursuant to the provisions of Section 1230.010 et seq., of the California Code of Civil Procedure, to acquire suf- • 27 • ficent interest in land to permit the improvements to be made, including a right to immediate possession. Company shall reim- burse City for all reasonable costs and expenses incurred in acquiring an adequate interest in the property to be improved, and Company agrees to assume any additional construction costs that may result from delays in acquiring the property interest. Company acknowledges that all offsite improvements are necessary to mitigate environmental impacts of the development authorized in this Agreement and Company waives any rights to contest its obligation under this Agreement to complete offsite improvements including, but not necessarily limited to, the provisions of • Section 66462.5 of the Goverment Code. In the event that Company is unable to acquire a property interest, or necessary governmental approvals, sufficient to enable completion of any offsite improvement, City and Company will negotiate an amendment to this Agreement that, under terms fair and equitable to both parties, will allow for occupancy of the residential and commercial development on North Ford and Mac Arthur Court prior to completion of the improvement. City shall, upon written request of Company, assist Company in obtaining any governmental approval necessary to complete the offsite improvements required by this Agreement. W. • D. Pr'ior. Subd-iv-i-s-ion-Re-l-a-ted-_- WE.-ons Company -is required to make certain subdivi- sion related improvements to the North Ford parcel as condition to the approval of tentative Tract Map 10019, as modified by the Stipulated Judgment entered in Orange County Superior Court Case No. 32-18-70, and the provisions of GPA 82-1. These subdivision related improvements are listed on `ExfjjtK -"� :'' CLWany-agrees to comply_fe t.hes-e-1mprovements- as cond t ;ohs_ to reco`rda_f i-,6h. '-of , subdivision tract -maps- for' -:t.he -par-c- 1- .fo_ .wh3eliTt:he- aonii=i"f=fon- rela'tgs, or at such 'earlier.:time..as`may--be--requ-.r-ed�-'b.y speciI d conditions. of_ app.rova-1: With respect tb the subdivision related • improvements described in Exhibit "E," Company acknowledges that: (1) City, in imposing these conditions, was acting within the authority conferred upon it by the Subdivision Map Act (Sec. 66410, et seq., of the Govt. Code), the Charter of the City of Newport Beach; and the Subdivision Ordinance of the City of Newport Beach; and (2) The subdivision related improvements imposed by City regulate and control the design and improvement of the subdivision to which. they relate; and (3) Each of the subdivision related improve- ments described in Exhibit "E" is necessary to meet the needs of the subdivision and/or necessary to mitigate the environmental • impacts of the subdivision. 29 Cam' 0_•ti • E. Future Subdivision Related Conditions Company, is presently processing subdivision maps preliminary to the development of North Ford as authorized by this Agreement. City and Company agree that City may impose additional conditions on these subdivision maps to the extent permitted by this paragraph, to ensure that the development complies with all existing City ordinances, plans, policies and regulations. City and Company agree that the City is empowered to modify subdivision related conditions described in Exhibit "E" to ensure that the subdivision complies with current City ordi- nances, plans, policies and regulatio:s. The power of City to • impose new conditions on subdivision maps to be processed for North Ford shall be limited to the following: (1) Onsite conditions necessary to miti- gate any significant environmental impacts identified in the site's specific EIR currently in preparation for the North Ford parcel. The Parties agree that City has imposed all mitigation measures necessary or appropriate to mitigate the significant environmental impacts identified in the EIR for GPA 82-1; and (2) Conditions deemed necessary to en- sure adequate access to the subdivision; (3) Onsite conditions necessary to en- sure that the design and improvement of the subdivision is in • 30 • compliance with the ordinances, plans, policies and regulations of City; and (4) Conditions that City and Company agree are necessary or appropriate. (5) In the event there is any inconsis- tency between the conditions set forth on Exhibit "E" and the conditions imposed pursuant to the provisions of this Subpara- graph, the conditions imposed pursuant to this.Subparagraph shall prevail. 5. Covenants of City City agrees as follows: [ • A. City acknowledges that Company will be investing money and 'planning effort in the Project in reliance upon City's convenants contained in this Agreement and upon the enforceability of this Agreement, and City agrees that Company may, reasonably and justifiably •rely upon City's covenants con- tained in this Agreement and on the enforceability of this Agree- ment in so doing. B. Standards for the development to be constructed on the North Ford and MacArthur Court parcels shall be as presently established by the Planned Community District Regulations (PC text) for the North Ford and MacArthur Court parcels (attached as Exhibits "F" and "G"). City agrees that any • 31 • amendments to the PC text shall not contain provisions relative to building site area, building setbacks, building height, site coverage or parking that would unreasonably interfere with Com- pany's ability to develop the property as provided in this Agree- ment. City and Company agree that Company has satisfied its obligation to refer the proposed development in MacArthur Court to the Airport Land Use Coamission. The permitted uses of pro- perty and the density or intensity of such use shall be consistent with the terms of this Agreement and the provisions of the various elements of the City's General Plan, the PC text and applicable zoning ordinances. The height, size and location of • structures authorized by this Agreement shall be within the li- mits established by the various elements of the City's General Plan, PC text and all applicable zoning ordinances and regula- tions. C. Except as provided in Paragraph D, in -the event that City is required to take subsequent discretionary action with respect to the development rights granted by this Agreement, City shall impose no terms, restrictions or condi- tions, including phasing requirements, that would prevent the development of North Ford or MacArthur Court for the uses, and to the density or intensity, authorized by this Agreement. In the event that subsequent discretionary action •is required of City, • 32 Cell c • if no additional development rights (defined to mean any increase in the density or intensity of land use) are sought by Company, City shall impose no conditions, terms, restrictions or require- ments, including phasing requirements, that are in excess of, or more restrictive than, those described in Paragraph 4. D. While it is understood that City may, in sub - Sequent discretionary actions applicable to North Ford and Mac- Arthur Court, apply rules, regulations and policies of general application adopted after execution of this Agreement, City shall do so only to the extent permitted by law, and then only to the extent that such new rules, regulations and policies do not con- flict with rules, regulations and policies in effect on the date of - this •Agreement.• In the event that City amends any ordinance, rule, plan, regulation or policy which, if in effect at the time of this Agreement, would have reduced or minimized any of Com- pany's duties or obligations pursuant to this„Agreement, then the duty or obligation of Company shall be reduced or minimized to conform with the newly amended ordinance, plan, rule, policy or regulation, provided, however, the obligation of Company to per- form the duties required of Paragraphs 4C(5)(a) and (b),, shall remain in effect notwithstanding any change or amendment to the City's ordinances, plans, policies, rules or regulations. The parties acknowledge that the performance of the duties outlined • 33 • in Paragraphs 4C(5)(s:)"and (b) is necessary to mitigate signifi- cant environmental effects resulting from the development rights granted by GPA 82-1 and this Agreement. E. If requested by Company, City agrees that it will process and, subject to compliance with the requirements of the Subdivision Map Act, approve a condominium map for each rental residential development phase to be constructed on North Ford and that such map may be processed concurrently with other subdivision maps or discretionary approvals required preliminary to the construction of rental and/or for sale housing. Company shall have the right, without Ifurther proceedings under the • provisions of the Subdivision Map Act or City subdivision ordinances to convert the rental- housing to condominium •ownership in accordance with the underlying condominium subdivision map upon expiration of the period of affordability set forth in Paragraph 4A(9) and 4A9.01)(e)(ii), or upon the -adoption of a rent control ordinance by City. In the event Company exercises its right to convert to condominium ownership because of the adoption of a rent control ordinance, and Company elects to sell the affordable units, the sale shall be consistent with the criteria established in Paragraph 4A(7) for the remainder of the term of affordability is provided in Paragraph 4A99) and 4A(11)(c)(ii). • 34 0 F. - City —shall, pursuant to the provisions of Chapter 19.50 of the Newport Beach Municipal Code, calculate the amount of park land that Company would be required -to dedicate to City as a condition to the construction of 888 dwelling units. Company shall be given park dedication credit to the extent that the twelve (12) acres to be dedicated pursuant to this Agreement exceeds the park dedication that would be required under Chapter 19.50 of the Newport Beach Municipal Code. City shall apply the park dedication credit at the earliest opportunity and at the option of Company, to reduce the in -lieu fees or offsite parkland dedication requirements impose against other residential • projects of Company. • G. City acknowledges that commitment of Company to provide 222 affordable units on North Ford, in light of Company's existing vested development rights, exceeds the number of units that would be required pursuant to provisions of the Housing Element of the City of Newport Beach and related City ordinances, plans, rules and policies. City shall determine the number, and allocation, of such excess affordable units at such time as approvals are granted for residential development on other sites owned by Company, provided, however, with respect to those properties commonly known as Castaways, Newporter North and 'Westbay, Company shall be entitled to a credit of 50 affordable 35 units to reduce any `affordable housing requirements that may be imposed as conditions to the approval of residential projects for those sites. H. In the event that the City issues bonds to provide financing for the construction of affordable housing in the City, City agrees that it shall not require as a condition to the loan of any proceeds of any such bond issue (i) that the Company provide any additional affordable units in North Ford, nor (ii) that the Company lower the rents or sales prices for any Affordable Units below limits that may be set by or under this Agreement, nor (iii) that the C�mpany extend the period of any • affordability requirements of this Agreement beyond the period specified in Paragraph 4A(9). I. City shall, upon request of Company, support • Company's efforts to obtain tax exempt public financing or to secure governmental permits necessary to implement this Agree- ment. 6. Term The term of this Agreement shall commence as of the date specified in the ordinance pursuant to which the Agreement is approved and shall continue in full force and effect until the end of the period specified in Paragraph 4A(9), or if Company has not yet obtained a vested right to complete the pro- 36 c:- Ct: • ject as of that date,"'15 years from the date of the Agreement, which ever occurs later, unless otherwise extended in any writing signed by both Parties. Upon the expiration of this Agreement, City agrees to sign and execute such instruments as may be neces- sary to ensure proper termination, and remove the obligations of Company as to matters of title with regard to the parcels involved. Notwithstanding the foregoing, if Company has not applied all of the credits provided'in Paragraphs 5F and 5G, then the rights granted to Company pursuant to those paragraphs shall survive the termination of this Agreement, and shall be enforceable until the 59th anniveFsary hereof. • 7. General Provisions. A. This Agreement shall be governed by and interpreted in light of, the findings and provisions contained in Section 65864 et. seq., •of the Gov. Code, the provisions of Chapter 15.45 of the Newport Beach Municipal Code, and the purposes of this Agreement as set forth in the Recitals. B. The parties agree that any breach of this Agreement by the Company will irreparably injure the City in its ability to provide for housing for all economic segments of the community, and that monetary damages, or any other legal remedy, would be inadequate to remedy such a breach. Therefore, the parties agree that in the event of a breach of this Agreement by 0 37 the Company, City shall be entitled to obtain an order of the Superior Court requiring the Company to specifically perform in accordance with this Agreement, and that the City may seek interim and injunctive relief pending the issuance of such an order. C. The Parties further agree that any breach of this Agreement by the City will irreparably injure the Com- pany, that monetary damages, or any other legal remedy, would be inadequate to remedy such a breach, and that therefore the equi- table remedies discussed above, shall be the preferred remedy. D. City further agrees that, in the event of • a final judgment declaring that City has materially breached this Agreement, and which breach is not remedied by a court order of specific performance inspite of Company's request for such rel- ief, Company shall be released from any obligation thereafter to hold the affordable units available for occupancy by persons or families of low or moderate income or to restrict the rents chargeable for any such additional units. E. The prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in conjunc- tion with any litigation to enforce the terms and conditions of this Agreement, or arising out of a breach of this Agreement. • 38 F: The C%fy: "s_fia1_) _-an nually--review -Compfany''s ; performance of this Agr-eemen-t in- accordance with the procedures and requirements adopted by the City for consideratjon _o.f development a_greemen-ts. , Ea`ah-s•ueh-.re'vi.ew sha'11 -take--i-n,to- accoun-t the avai1ab.lity _o_f putilic..Yinanc.ing. that make. th_e.- project fea- sible, such_as mortgage revenue bond i"ssues,- the Company's -utili- zation of such proceeds -for the .proj•ec-t, and Company's pegfor-_ mance of its obl igs:tioris -wr'th respect- to-'th"e p-roj et t. y G. It is expressly understood that this Agreement does not obligate Company to undertake construction of the project, provided, however, if Company completes construction • of and occupies any of the additional 295,000 square feet of office development• -authorized for MacArthur Court,'Company shall be comnited to construct all affordable units and committed to comply with those conditions and restrictions on development applicable to the construction- of the affordable units• and .the construction of office space in MacArthur Court. H. All notices under this Agreement shall be given to the following representatives of the Parties at the addresses indicated below by personal service or by registered or certified United states mail, postage prepaid, return receipt requested, addressed as follows: • 39 0 If to the City: City Manager City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663-3884 Copy: City Attorney If to the Company: The Irvine Company 550 Newport Center Drive Newport Beach, California 92660-0015 • Attention: Treasurer Copy: Vice President Community Development Either Party may change its addresses or specify another person who any notice should be directed by giving notice in writing to the other Party. • (i) The Company may, in its discretion, asso- ciate with other entities in joint ventures, partnerships or otherwise with respect to the development, construction or management of any project, and may sell the properties and assign this Agreement in whole or in part, provided however, Company's right to sell or assign any portion of the North Ford parcel shall be subject to a determination by City that the purchaser or M • assignee has the financial ability to perform the conditions imposed by this Agreement. (j) The provisions of this Agreement shall be binding upon, and inure to the benefit of the Parties and their respective successors and assigns. (k) Time is of the essence with respect to each provision in this Agreement of which time is an element. (1) No modification, amendment or other change in this Agreement shall be effective for any purpose unless specifically set forth in a writing, signed by duly authorized representatives of the Parties, and processed as • required by Gov. Code Section 65867 and 65867.5 and Section 15.45.060 of the Newport -'Beach Municipal Code. (m) No waiver of any provision of this Agree- ment shall be effective unless in a writing signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought, and no waiver of any right or remedy in respect of any occurrences or event shall be deemed a waiver of any right or remedy in respect to any other occurrence or event. Any waiver by the City shall be processed either as a variance under Chapter 20.82 of the Newport Beach Municipal Code, and/or as may be required by Gov. Code Section 65867 and 65867.5. • 41 • (n) City and Company shall take such steps to amend the stipulated judgment covering North Ford as may be necessary to implement the terms of this Agreement. (o) This Development Agreement may and shall be recorded against that portion of the North Ford site described in Exhibit "B" hereto, the property designated for development of the affordable units; (p) The obligations of the Company described in Paragraphs 4A through E shall be, and are, subordinate to the rights of bonafide secured lenders providing construction or permanent financing for the improvements, and the rights of • residential market rate purchases, and their secured lenders, in the ordinary course. (q) Notwithstanding Subparagraph (1) above, upon identification of the parcel(s) on which the affordable units are to be developed, the City shall either cause this Agreement to be recorded only against such parcel(s), or if pre- viously recorded as provided in Subparagraph (1) shall upon re- quest of the Company execute a recordable quit claim or similar lien release instrument removing this Development Agreement as a matter affecting title to all other property in the North Ford site; (r) The Parties shall cooperate in good faith • to modify the provisions of this Development Agreement and execute such further documents as may be reasonably required to 42 • i accomodate any future financing the Company may obtain for the project. IN WITNESS WHEREOF, the parties have each executed this Agreement on the day first above written. THE IRVINE COMPANY B k c� 4omnas2� H. Nie sen President By Monica lorian t;�,' ViIce President ;, rAl-,� • Policy Management & Ent''"''''' ',L'I,r, CITY OF NEWPORT BEACH A Municipal Corporation By Philip Ma rer Mayor ATTEST Mr A/ a.. a=:S\ Wanda aggio y 1 City Clerk h °��.- i'•x��,°'t �;P � " o ra;;; !` APPROVED AS TO FORM 9L1 S b, P. � � y �i.oberl Burnham • City Attorney AGP/NorthFord2 43 r 1 5. THENCE N 65025'30"W, 24.09 FEET TO THE BEGINNING OF A 2 TANGENT CURVE CONCAVE NORTHEASTERLY; • 3THENCE LEAVING SAID NORTHEASTERLY LINE AND TRAVELING NORTH- 4WESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE HAVING A 5RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", AN 6ARC DISTANCE 125.66 FEET TO A POINT ON THE EASTERLY LINE OF JAMBOREE ROAD, SAID JAMBOREE ROAD HAVING AN EASTERLY HALF WIDTH BOF 50.00 FEET; THENCE NORTHERLY'ALONG SAID EASTERLY LINE THE 9FOLLOWING COURSES; 10 1.. N 24034'30"E, 167.07 FEET TO THE BEGINNING OF A TANGENT 11 CURVE CONCAVE WESTERLY; 12 2. THENCE NORTHERLY ALONG SAID CURVE''rIAVING A RADIUS 1250. 13 FEET, THROUGH A CENTRAL ANGLE OF 16014'53", AN ARC DISTANCE 14 OF 354.48 FEET; 15 3. THENCE N 8019'37"E, 841.30 FEET TO THE BEGINNING.OF A 16 TANGENT CURVE CONCAVE SOUTHEASTERLY; 17THENCE LEAVING SAID EASTERLY LINE AND TRAVELING NORTHERLY AND 18NORTHEASTERLY ALONG SAID SAID CURVE HAVING A RADIUS OF 30.00 19FEET, THROUGH A CENTRAL ANGLE,OF 73023'45", AN ARC DISTANCE OF 2038.43 FEET TO THE BEGINNING OF A REVESE CURVE CONCAVE NORTH- 21WESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS 220F 2152.00 FEET, A RADIAL LINE TO SAID.BEGINNING BEARS S 238016'38"E, THROUGH A CENTRAL ANGLE OF 22017'17", AN ARC DISTANCE M/1\ 1 A [• O. /i/�����y.�AyyV��W//����&�. ML00 MM CAA LAND KAW*RS !0 A L A CA AE lWA PVA�G �'J E ASSO\XV W LANDS.A1E M PCRE SL.75WJ73 7 1OF 837.13 FEET; THENCE N 59026'05"E, 530.41 FEET TO A POINT ON 2THE WESTERLY LINE OF THE --LAND CONVEYED TO THE STATE OF CALIFORNIA 3BY THE DEED RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL 4RECORDS; THENCE SOUTHERLY ALONG SAID WESTERLY LINE THE FOLLOWING 5COURSES; 6 1. S 16004'50"E, 562.39 FEET; 7 2. THENCE S 1043'12"W, 933.51 FEET; 8 3. THENCE S 24019'59"W, 83.56 FEET; 9 4. THENCE S 1°43'12"W, 470.12 FEET; 10 5. THENCE S 1045'0211W, 539.18 FEET; 11 6. THENCE S 14047'00"W, 470.01 FEET; 12 7. THENCE S 44027.'52'?E, 231.24 FEET,; 13 TO THE WESTERLY LINE OF MACARTHUR 14 BOULEVARD, 100 FEET WIDE; • 15THENCE ALONG SAID WESTERLY LINE, S 6032'23"W, 709.04 FEET; THENCE 16LEAVING SAID WESTERLY LINE, N 83027'37"W, 18.00 FEET TO THE 17BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE 18SOUTHERLY, AND SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 19120.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 83027'37"E, 20THROUGH A' CENTRAL ANGEL OF 35040'29", AN ARC DISTANC OF 75.03 21FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY; 22THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE HAVING A 23 0 MOB AS & Qt BL' m 'wA wLLv*o A4 /r�.7L/I�Y/V.�ti�.I�S IAMPA n com ww G92 . AS90 MLW I^NDXNV OM DHOW JY. 751.1373 uxvvwr OCTOBER 19, 1984 LEGAL DESCRIPTION NORTH FORD - LOT 10 i THAT PORTION OF BLOCKS 51 AND 57 OF IRVINE'S SUBDIVISION, IN THE 2CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS 3SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, 4RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: 5COMMENCING AT THE CENTERLINE INTERSECTION OF EASTBLUFF DRIVE AND 6AMBOREE ROAD AS SHOWN ON THE MAP OF TRACT NO. 5018, FILED IN BOOK 186, PAGES 26 THROUGH 30, INCLUSIVE, OF MISCELLANEOUS MAPS, SRECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF JAMBOREE 9ROAD N 8019'37"E, 109.19 FEET; THENCE S 81040'23"E, 50.00 FEET TO 10THE EASTERLY LINE OF SAID JAMBOREE ROAD AND THE TRUE POINT OF 11BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE THE 1,FOLLOWING COURSES; i 13 1. N 8019'37"E2 363.11 FEET TO THE BE GINNIG OF A TANGENT 14 CURVE CONCAVE WESTERLY; 15 2• THENCE NORHTERLY ALONG SAID CURVE HAVING A RADIUS OF 2466 16 FEET, THROUGH A CENTRAL ANGLE OF 14038'17", AN ARC 17 DISTANCE OF 630.02 FEET; 18 3. THENCE N 6018140"W, 78.88 FEET TO A POINT ON THE SOUTHERLY 19 LINE OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT EASEMENT, 20 390 FEET WIDE, AS DESCRIBED IN THE DOCUMENT RECORDED IN 21 BOOK 64622 PAGE 165 OF OFFICIAL RECORDS, SAID POINT.BEING 22 ON A CURVE CONCAVE SOUTHERLY; 23 EXHIBIT C *P \ / ,y./1MAa & Ur► SICK - 90 A WUAo=kh45k C /D A4 . /1aT/V1/tiW Mioaw.twes wcrE ru•r,Ynn S � 1RADIUS OF 83.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 247038'08"E, THROUGH•A CENTRAL ANGLE OF 42055'09", AN ARC DISTANCE 30F 62.17 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE 4NORTHERLY; THENCE WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5400.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 4042'59"E, 6THROUGH A CENTRAL ANGLE OF 10011'23", AN ARC DISTANCE OF 71.14 7FEET TO THE NORTHERLY LINE OF BISON AVENUE, SAID BISON AVENUE SHAVING A NORTHERLY HALF WIDTH OF- 56.00 FEET; THENCE ALONG SAID 9NORTHERLY LINE N 84°31'36"W, 467.41 FEET TO THE BEGINNING OF A 10TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE LEAVING SAID 11NORTHERLY LINE AND TRAVELING WESTERLY, NORTHWESTERLY AND 12NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 84.00 FEET, THROUGH 13A CENTRAL ANGLE OF 84032'00", AN ARC DISTANCE OF 123.93 FEET; 14THENCE N 89059`36"W, 12.00 FEET TO THE EASTERLY LINE OF CAMELBACK 15STREET AND THE POINT OF BEGINNING. 16CONTAINING 98.16 ACRES, MORE OR LESS. 17AS SHOWN ON THE TENTATIVE TRACT OF NORTH FORD, CITY OF NEWPORT 18 BEACH. 19PREPARED UNDER THE DIRECTION OF: 4] 21 40HN E. 23 • STEVENSON, RCE -DATE 10 FSOMAS & a.. PLAW" vNk 0.2 n m• w.N.o = MMk A RUAa vrM ASSOCIATE$ LAWLWAos PoM n.rrn73 • THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND SAID CURVE HAVING A 1 2AADIUS 3805.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 317047100"W, THROUGH A CENTRAL ANGLE OF 14016'33"2 AN ARC DISTANCE 4OF 948.06 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND 5CONVEYED TO THE STATE OF CALIFORNIA BY THE DEED RECORDED IN BOOK 612289, PAGE 1726 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID WESTERLY LINE THE FOLLOWING COURSES: 8 1. S 16004'50"E, 508.12 FEET; 9 2. THENCE N 84052'50"E, 15.28 FEET; 10 3• THENCE S 16004150"E, 258.90 FEET; 11THENCE LEAVING SAID WESTERLY LINE, S 59026'05"W, 557.28 FEET TO 1,THE BEGINNING OF A TANGENT CURVE CONCAV�INORTHERLY; THENCE 0 13WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 2048.00 FEET, 14THROUGH A CENTRAL ANGLE OF 20053'40", AN ARC DISTANCE OF 746.86 15FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY; THENCE WESTERLY, NORTHWESTERLY'AND NORTHERLY ALONG SAID CURVE 16 17HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT BEARS 16S 9040'15"E, THROUGH A CENTRAL ANGLE OF 107059152", AN ARC 1DISTANCE OF 56.55 FEET TO THE POINT OF BEGINNING. 2000NTAINING 24.45 ACRES, MORE OR LESS. 21PREPARED UNDER THE DIRECTION OF: 22 E. STEVENSON RCE 22446 ` DATE l f P � J�C p, G/0 PLANN f Co90 A ke A4 iJll�r V'9.� V. tMCW,*V= C01�1�fftBAU �JN1 1/IO fJAfW13 11101E TM •,y477A i 0 O �J1�AC� & ENGINEERS LAND MANNERS ASSMATES UNGAAVEYCO R• 635.00' , G • 19.40' 2Co L+ ZIS.04' T• 110.10' R•4COACO' G• 14.10' ", L• 11 Co.15' T s 5 0.57' UDFTH FMRD PARK 'SITE OF / BY ,T,� CK (SUE JN No 10.154!14 zl pvos0"1 PRDPDSED PARK SITE 12.01 AC. N h • o 3 M 4E p � N � +91'4S'44". 0 90.5'S'12' Z L• 32.03' L• 17.34' T+ ZO.Co2' T• 5A 81' a `i. 41 D9'i �• W T S'a8 �'� t. S5 R .'13� Zg3. EVIBil 0 i • EXHIBIT E 1. That the tract map be filed. 2. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That Section 19.16.030 of the Subdivision Ordinance be waived providing thatRdrawings of the tract map • at a scale of 1" = 100' are provided to the Public Works Department. 5. That a standard subdivision agreement and surety be provided to guarantee the satisfactory completion of public improvements if it is desired to obtain building permits or record the tract map before the public improvements are completed. 6. That the final design of onsite pedestrian and bicycle circulation improvements be reviewed and approved by the Public Works Department and the Planning Department. C:- 0 7. That a'Yra•ffic control plan shall be submitted to, and approved - by, the City Traffic Engineer. 8. That the geometries of any proposed access controls from Camelback Drive be subject to review and approval by the Public Works Deparment. 9. That a 12-foot minimum width separated bicycle trail be constructed between University Drive and Bison Avenue paralleling MacArthur Boulevard. Trail design shall be approved by the Public Works Department. The structural section of the trail shall be designed tb handle maintenance equipment • and Southern California Edison vehicles if within the Edison easement. 10. That vehicular access rights to Jamboree Road, University Drive extended, MacArthur Boulevard and Bison Avenue be relinquished to the City except for one restricted (right turn only) access on Bison, one restricted (right turn only) access on the north side of University between Street A and Bonita Creek, and one full access on the north side of University to complete the intersection with Street A. • 2 11. That bus turnouts shall be provided at locations to be determined by the Public Works Department along Bison Avenue between Camelback and Eastbluff. 12. That a settlement monitoring system be installed along Jamboree Road between University Drive extended and Camelback prior to commencement of grading. This system shall be monitored for 1 1/2 years after completion of grading. Differential settlement affecting the roadway or'utilities shall be repaired by the developer to the satisfaction of the Public Works Department. • 13. That permanent utilities (water, sewer and storm drain) are not to be installed until the predicted settlement has been verified by soils engineer and certified to.have taken place to the extent that the utilities will not have differential settlement problems. 14. That a Water Capital Improvement Acreage Fee be paid. (If Condition satisfied as of the date of this Agreement - Company shall not be required to take any further action). • 3 • 15. That storage capacity in San Joaquin Reservoir equal to one maximum day's demand be dedicated to the City of Newport Beach. (If Condition satisfied as of the date of this Agreement - Company shall not be required to take any further action). 16. That a hydrology and hydraulic study for the site be reviewed and approved by the Public Works Department prior to recordation of the tract map. Any modificatons to the existing storm drain system or extensions shown to be required by the study shall be the respon§ibility of the developer. • 17. That easements for public facilities be shown on the tract map. 18. That the location of fire hydrants be reviewd and approved by the Fire Department and Public Works Department. 19. That all-weather vehicular access be provided to each of the storm drain and sewer inlets and manholes that are not imnediately adjacent to a paved roadway. 20. That a master plan of water, sewer and storm drain facilities be prepared and approved prior to recording of final map(s). is 4 On. 0 21. That the location , width, and configuration of the public utility easements be subject to further review and approval by the Public Works Department prior to recording any final map(s). 22. A landscape and irrigation plan for the project shall be prepared by a licensed lanscape architect. The landscape plan shall integrate the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any buildings, the licensed landscape architect shall certify to the Planning Department that the . landscaping has been installed in accordance with the prepared plan). 23. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 24. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 25. The landscape plan shall place heavy emphasis on the use of drought -resistant naive vegetation. 26. That adequate sight distance be maintained at all intersections by the design of a limited use area. • 5 • 27. Development of the site will be subject to a grading pemi•t to be approved by the Building Department. Surface and subsurface drainage shall be provided to the satisfaction of the Building Department and the Public Works Department. 28. That the grading plan shall include a complete plan for temporary and permanent drainage facilities to minimaize any potential impacts from silt, debris, and other water pollutants. 29. Provisions should be made to carry concentrated water in improved drainage devices. • 30. Water should not be allowed to drain over any slopes. 31. Siltation basins should be provided prior to discharging. 32. Offsite drainage onto this site should be provided for in this plan. 33. The contact between terrace materials and bedrock should be established, the existing groundwater regimen investigated and the effects of the proposed development on this system established prior to issuance of a grading permit. Mitigation measures shall be required as a condition of permit issuance if required. 0 34. An erosion and dust control plan shall be submitted wih the grading permit application and be subject to the approval of the Building Department. 35. That an erosion and siltation control plan be approved by the California Regional Water Quality Board - Santa Ana Region, and that the plan be submitted to said Board ten days prior to any construction activities. 36. That erosion control measures shall be done on any exposed slopes within thirty days after grading or as approved by the Grading Engineer to reduce • erosion potential. 37. That the applicant provide for weekly vacuum sweeping of all surface parking areas within commercial development. 38. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. • 7 0 39. That the —following measures as identified in the draft EIR .shall be incorporated as a portion of the Grading Plan or other measures as approved or required by the City's Grading Engineer: (a) Prior to the start of grading, all vegetation and trash should be removed from cut and fill areas and the disposition approved by the soils engineer. (b) Any abandoned utility lines or other underground structures should be removed, destroyed, or labandoned in compliance with • specifications of the building official and recommendations of the soils engineer. Concrete or the irrigation lines may be removed•or crushed in place at the discretion of the soils engineer. (c) Existing uncertified or uncompacted fills should be excavated and objectionable material removed. If approved by the soils engineer, the soil can be replaced as compacted fill. (d) The ground surface beneath all proposed fill areas should be stripped of loose or unsatisfactory soil or alluvium if it exceeds • 8 • about 8 inches in depth. This condition exists in the drainage channel and areas of recent deposition of eroded sand. These soils may be used as compacted fill provided they are free of deleterious materials. The resulting surface should be approved by the soils engineer prior to processing the natural ground. (e) The resulting clean, natural ground surface should be scarified, brought to about optimum moisture content, and compacted to a minimum • of 90 percent relative completion for a depth of 6 inches below the existing or stripped surface. (f) Where composite slopes (i.e., fill over cut) are to be constructed, the cut portion should be made first and approved by the soils engineer before the fill is placed. (g) Where unbuttressed fill is to be placed on slopes steeper than 5:1 , essentially level, equipment -width benches should first be cut into bedrock or other competent material approved by the soils engineer and engineering • 9 geologist. This may require a key or toe bench at the toe of the fill. Where the fill is buttressed, as in the case of fill across a drainage channel, smaller benches or notches should be cut into competent material so that a good bond is provided. (h) Fill should consist of approved earth material free of trash or debris, roots, vegetation, or other deleterious matter. (i) Fill should be spread in thin lifts, brought to approximatelmoisture content, and compacted • to at least 90 percent of maximum density. Maximum density will be determined by ASTM Test Method D1557-70. Fill in drainage channels over 3 feet in depth should be compacted to at least 93 percent of maximum density. (j) Fill slopes should be compacted to 90 percent of maximum density to the face of the slope. This can be achieved by (a) backrolling with a sheepsfoot every 3 feet as the fill is brought up, or (b) overfilling the slope and cutting back to the compacted fill core. • 10 • (k) All trench backfills except for the bedding and 6 inches of cover should be compacted to 90 percent of maximum density. (1) To reduce settlement form loads of the weight and bearing proposed, it is recommended by the soils engineer that Lots 2 and 3 and the northern portions of Lots 4 and 9 be provided with an uncompacted surcharge fill placed above the final design grade and later removed. (m) Settlement readings 8or all fill areas should • be monitored and recorded as specified in the soils investigaton. Additionally, similar monitoring of the adjoining Jamboree roadbed should also be included. (n) If, prior to issuance of a grading permit, the question of groundwater migration has not been sufficiently addressed to the satisfaction of the City's grading engineer, a detailed subsurface geotechnical investigation will be performed as prescribed by the Building Director and Public Works Director. 0 11 H • 40. That thre-•project landscape plan will demonstrate that the project landscaping shall be irrigated via a drip irrigation system, or other measures as approved by the Parks, Beaches and Recreation and Planning Departments. 41. That construction and grading activities be done in accordance with the restricton on hours as delineated in .the existing Newport Beach codes. 42. That noise generated from rooftop mechanical equipment shall not exceed 45 dBA when measured at the boundary of thelproject or any residential • property line. That prior to the issuance of any building permits the aforementioned shall be • demonstrated to the satisfaction of the community Development Department by a licensed Acoustical Engineer. 43. That applicants shall work with the Planning, Utilities and Public Works Directors to formulate a water conservation program which will enable all of the project components to reduce water consumption below normal rates. 12 C. 44. That should any resources be uncovered during construction, that a qualified archaeologist or paleontologist evaluate the site prior to completion of construction activities, and that all work on site be done in accordance with the City's Council Policies K-5 and K-6. 45. Prior to inception of grading activities in the northern portion of the site, a backhoe trench shall be excavated under the supervision of a qualified paleontologist so that fossil -bearing strate may be defined anq mapped. If additional • resources are discovered, the paleontologist will be empowered to temporarily halt grading in the immediate vicinity to facilitate irretrievable fossilized resources. (If condition was satisfied during prior grading, Company shall not be required to take further action). 46. Direct access from internal streets within 200 feet of Camelback Street and University Drive extended, shall be prohibited, unless otherwise approved by the City Traffic Engineer. 47. Prior to the issuance of any building permits fo the site, the applicants shall demonstrate to the • 13 C, satisfac•t-4-on of the Public Works Department and Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from Irvine Ranch Water District. 48. Prior to the recordation of the Final Tract Map, the City's Engineering Geologist shall review and approve geologic studies for the site that shall include determination of the Terrace Deposits - Bedrock and groundwater conduction through the site. 4 • 49. That final design of the project provides for the incorporation of water -saving devices for project lavatories and other water -using facilities. 50. The following disclosure statement of the City of Newport Beach's policy regarding the Orange County Airport shall be included in all leases or sub- leases for space in the project and shall be included in any Covenants, Conditions and Restrictions which may be recorded against the property. • 14 0 Disclosure Statement (a) The Orange County Airport may not be able to provide adequate air service for business establishments which rely on such service; (b) When an alternate air facility is available, a complete phase out of jet service may occur at the Orange County Airport; (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the Orange County Airport; E . (d) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit.jet air service at the Orange County Airport. 51. That the project shall comply with the Uniform Building Code - 1982 Edition. 52. That tentative tract boundary along Bison Avenue shall coincide with that on parcel map filed with Resubdivision 629. • 15 • 53. That an--8—foot wide sidewalk be constructed on the easterly side of Camel.back Street between Bison Avenue and the street shown on Tract Map No. 10019 as "B" Street. 54. 'That an 8 foot sidewalk be constructed on internal streets as required by the Public Works Department. • • 16 • 10 0 EXHIBIT "A" MacArthur Court Legal Description: Parcels 1 and 2 as shown on a map filed in Book 120, Pages 44 and 45, and Parcel 1 as shown on a map filed in Book 68, Page 19, of Parcel Maps in the Office of the County Recorder, -County of Orange, California. EXHIBIT A 1 '//? LKVV7U/ 'CTOBER 19, 1984 LEGAL DESCRIPTION - NORTH FORD 1THAT PORTION OF BLOCKS 51 AND 57 OF THE IRVINE SUBDIVISION, IN 2THE CITY OF NEWPORT.BEACH-,_COUNTY OF ORANGE, STATE OF CALIFORNIA, 3AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS 4MAPS, RECORDS OF SAID COUNTY DESCRIBED, AS FOLLOWS: SCOMMENCING AT THE CENTERLINE INTERSECTION OF BISON AVENUE AND 6CAMELBACK STREET AS SHOWN ON THE MAP OF TRACT NO. 6680 FILED IN 7BOOK 260, PAGES 1 THROUGH 3, INCLUSIVE, OF MISCELLANEOUS MAPS, 8RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF CAMELBACK 9STREET N 0000'24"E, 128.58 FEET; THENCE LEAVING SAID CENTERLINE, 10S 89059'36"E, 30.00 FEET TO THE EASTERLY LINE OF SAID CAMELBACK STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY 11 - - 12AND NORTHEASTERLY LINE OF;SAID CAMILBACKiSTREET THE FOLLOWING • 13COURSES: 1. N 0000'24"E2 596.44 FEET TO THE BEGINNING OF A TANGENT 14 CURVE CONCAVE SOUTHWESTERLY; 15 2. THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE HAVING 16 A RADIUS OF 1230 FEET, THROUGH A CENTRAL ANGLE OF 17 39059'52", AN ARC DISTANCE OF 858.65 FEET; 18 ' 3. THENCE N 39059'28"W, 225.67 FEET TO THE BEGINNING OF A 19 TANGENT CURVE CONCAVE SOUTHWESTERLY; 20 4. THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS_OF 21 1030 FEET, THROUGH A CENTRAL ANGEL OF 250261021', AN ARC 22 DISTANCE OF 457.22 FEET; 23 EXHIBIT a bABORtlA MLLA AEo PSO AS & tNDIlAN2IBACA IJN AcSwCL4TW L*o%pWym MfrW7Y.nWnn Z 0 (EXHIBIT "F") THE IRVINE COMPANY N NORTH FORD/SAN DIEGO CREEK CITY OF NEWPORT BEACH OCTOBER 1983 PLANNED COMMUNITY DISTRICT REGULATIONS EXHIBIT F -GRD138 , n, TABLE OF CONTENTS Page INTRDDUCTION I SECTION I STATISTICAL ANALYSIS 2 SECTION 11 GENERAL NOTES 3 4 SECTION III DEFINITIONS 6 SECTION IV LIGHT INDUSTRY, AREA 1 Subsection A Intent 6 6 Subsection B Permitted Uses 7 Subsection C Building Site Area 7 Subsection D Building Setbacks 8 Subsection E Site Coverage 8 Subsection F Building Height 8 Subsection G Signs 9 Subsection H Sign Standards 10 Subsection Parking 10 Subsection J Landscaping 12 Subsection K Loading Areas 12 Subsection L Storage Areas 12 Subsection M Refuse Collection Areas Subsection N Telephone and Electrical Service 12 Subsection 0 Sidewalks 13 13 Subsection P Nuisances SECTION V LIGHT INDUSTRY, BUSINESS AND PROFESSIONAL, • AND COMMERCIAL, AREA 2 14 J Subsection A Intent 14 14 Subsection B Permitted Uses 14 Subsection C Building Site Area IS Subsection D Setbacks 15 Subsection E Site Coverage 15 Subsection F Building Height 15 Subsection G Signs 16 Subsection H Sign Standards 17 Subsection Parking 17 Subsection J Landscaping 19 Subsection K Loading Areas 19 Subsection L Storage Areas 19 Subsection M Refuse Collection Areas 19 Subsection N Telephone and Electrical Service Subsection 0 Sidewalks 19 20 Subsection P Nuisances 21 SECTION VI COMMERCIAL, AREA 3 Subsection A Intent 21 21 Subsection B Permitted Uses Subsection C Building Site Area 21 Subsection D Setbacks 21 Subsection E Signs 22 23 Subsection F Building Height Subsection G Sign Standards 23 (i) GRD138 1�I SECTION VI (continued) Subsection H Subsection I Subsection J Subsection K Subsection L Subsection M Subsection N SECTION VII Subsection A Subsection B Subsection C Subsection D Subsection E Subsection F Subsection G Subsection H SECTION VIII Subsection A Subsection B Subsection C SECTION IX Subsection A Subsection B SECTION X • SECTION XI • GRD138 Parking Landscaping Loading Areas Storage Areas Refuse Collection Areas Telephone and Electrical Service Pedestrian Access SERVICE STATION DEVELOPMENT STANDARDS Setbacks Minimum Building Site Area Signs Sign Standards Parking Landscaping Screening Refuse Collection Areas OFFICE, AREA 4 Intent Permitted Uses Building Height RESIDENTIAL - AREA 5 Intent Per PAI SIG Page 23 23 25 25 25 25 25 26 26 26 26 27 27 27 28 28 29 29 29 29 30 30 T 0 INTRODUCTION 0 The North Ford PC (Planned -Community) District of the City of Newport Beach is a part of the Irvine Industrial Community originally developed in conjunction with the Irvine Ranch Southern Sector General Land Use Plan which was approved by the Orange County Planning Commission and the Orange County Board of Supervisors. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for light industrial uses, compatible commercial activity, professional and business offices, residential units, and park and recreation uses. It is the purpose of this district to reserve a fire station site in this area. The specifications of this district are intended to provide flexibility for both the land use and development standards in planned building groups. This PC district also provides a statistical core consistent with the City of Newport Beach General Plan upon which detailed development plans may be prepared. The provisions of this Ordinance, notwithstanding all applicable requirements of the City of Newport Beach Zoning Code, shall apply. For the residential area (Area No. 5) and the San Diego Creek South parcel (Area No. 4), this text shall serve as core PC text delineating the primary development constraints on the parcel. Prior to any further discretionary actions for this site, amendments to this district shall be required to establish specific site design criteria including, but not limited to, building setbacks, building heights, parking requirements, grading, land- scaping, and street and circulation requirements. GRD138 -1- • Grp CITY OF IRVINE • cc ca LU LIGHT INDUSTRIAL -Office 'LIGHT INDUSTRIAL ar+w. Office-CommJInd. COMMERCIAL ' SPECIAL LANDSCAPED STREET AND AREAS Q OFFICE RESIDENTIAL PARK NORTH FORD/SAN DIEGO CREEK PLANNED COMMUNITY NORTH LAND USE PLAN November .1983 AIA SECTION I. STATISTICAL ANALYSIS North Ford ^y Additional Additional Gross Allowable Allowable Type Area Acres Sq. Ft. DU's Light Industry -Office 1 16.7 -0- -0- Light Industry -Office- 2 25.5 -0- -0- Commercial/Industrial Commercial 3 5.0 50,000 -0- Office 4 22.0 Undetermined -0- Residential 5 79.0 -0- 888 Park and Recreation 6 12.0 -0- -0- GRAND TOTAL The above statistics are based on gross ayireage and do not account for buildable area. • The analysis also indicates only additional allowable development (square feet or DU's). Existing developed areas are assumed to be built out by Planned Community Amendmen 514. In Areas 1 and 2, new development may replace existing development so long as no - square feet are added. (It may be assumed that Areas 1 and 2 will be the subject of future PC District Amendments as redevelopment occurs.) is GRD138 • SECTION II. GENERAL NOTES Grading an area submitted under the Planned Development Ordinance but 1. outside within the Planned Community area will be permitted upon the securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach Water Department. 3. Sewage disposal facilities within the Planned Community will be provided by Irvine Ranch Water District, Sewer Improvement District No. 1. 4. The subject property is within the University Park Drainage Master Plan area. There are no drainage fees associated with the development of this property. The developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Commu- nity in a manner meeting the approval of the Director of Planning. 6. Prior to the installation of the landscaping on the streets indicated, the developer or lessee shall provide for the continued maintenance, either by an'agreement with the City Public Works Department or through a county service area. 7. Except as otherwise stated in this ordinance, the requirements of the Newport Beach Zoning Code shall apply. • The contents of this supplemental text notwithstanding, no construction shall be Community district that which proposed within the boundaries of the Planned except shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. Be All landscaping along street rights -of -way shall be installed in accordance with a landscape plan certified by a licensed landscape architect, subject to the review and approval of the Director of Parks, Beaches and Recreation. 9. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view from adjacent public streets and buildings in a manner meeting the approval of the Director of Planning. Ia. Prior_ -to boundary_',__thnea:tusrseuance: of-rdg.prmit.— sector -=of Area 4; ttie.gamiand eztenf.of:iia,-archaedlogca1 site shall be established and ' protective, steps, shall be taken as, warranted._ 11. Park dedication as required for residential uses shall be in accordance with the Park Dedication Ordinance. 12. All development in Areas 3, 41 5 and 6 and Block C of Koll Center Newport shall be subject to the approval of a development agreement between the City of Newport Beach and The Irvine Company. • 13. A site for a fire station shall be reserved. -3- GRD138 AA SECTION III. DEFINITIONS Advertising Surface The total area of the face of-tiie structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Building Site Area The total land area of the land described in the use or other permit. Buildable Acreage 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. Cluster Unit Development 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 more desirable arrangements of open space and where the individual sites • may have less area than the required minimum for the district but the density of the overall development meets the required standard. Conventional Subdivision 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 minimum 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. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. Side and Front of Corner Lots For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which structures face. Special Landscaped Streets and Areas Special landscaped streets are designated as such on the development plan, and further defined as the Corona del Mar Freeway; Jamboree Boulevard, Eastbluff Drive; University Drive and adjacent to the proposed park and San Diego Creek channel. J -4- GRD138 nln Streets - Dedicated and Private -in Nonresidential Areas - Reference to all streets or rights -of -way within this' ordinance shall mean dedicated vehicular rights -of -way. In the case of private or nondedicated streets, a minimum setback from the right-of-way line of said streets of ten (10) feet shall be required for all structures. Except for sidewalks or access drives, this area shall be landscaped according to the setback area standards from dedicated streets contained herein. C] i SECTION IV. LIGHT INDUSTRY, AREA 1 A. Intent It is the intent of this district to permit the location of light industrial uses provided such uses are confined within -a building or buildings, or do not contribute excessive noise, dust, smoke, or vibration to the surrounding environment nor contain a high hazard potential due to the nature of the products, material or processes involved. Minor ancillary activities associated with the above permitted industrial uses may be located outside a structure provided screening requirements as set forth in this document are observed. Any activity which could be classified as retail commercial other than office uses shall be restricted to activities strictly accessory and/or supplementary to the industrial community. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted. 1. Uses primarily engaged in research activities including, • but not limited to, research laboratories and facilities, developmental laboratories and facilities, and compatible light manufacturing similar to the following list of examples. _ Bio-Chemical Film and Photography Chemical Medical or Dental Development Facilities for Metalurgy national welfare on land, Pharmaceutical sea and air X-Ray 2. Manufacture, research assembly, testing and repair of components, devices, equipment and systems, parts and components such as, but not limited to, the following list of examples: Coils, tubes, semi -conductors Communication, navigation control, transmission and reception equipment, control equipment and systems, guidance equipment and systems Data processing equipment and systems Glass edging, beveling and silvering Graphics and art equipment Metering instruments Optical devices, equipment and systems Phonographs, audio units, radio equipment and television equipment Photographic equipment Radar, infra -red and ultra -violet equipment and systems Scientific and mechanical instruments Testing equipment GRD138 e7 3. Offices, limited as follows: 0 Area 1 - Administrative, professional and business offices 4. Industry regional or home offices which are limited to a single use and acces- sory to any of the above industrial developments. 5. Blueprinting, photostating, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial service is associated with said uses. 6. Cafeteria, cafe, restaurant or auditorium associated with and incidental to any of the foregoing uses. 7. Service stations will be permitted subject to the development standards contained in this Ordinance, Section VII. 8. Agriculture, as a continuation of the existing land use, and all necessary structures and appurtenances shall be permitted. C. Building Site Area One (1) acre minimum. D. Building Setbacks All setbacks shall be measured from the property line. For the purpose of this �. Ordinance, a streetside property line is that line created by the ultimate right-of- way line of the frontage street. 1. Front Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens may project six (6) feet into the setback area. 2. Side Yard Setback Ten (10) feet, except that unsupported roofs or sunscreens may project three (3) feet into the setback area. In the case of a corner lot, the streetside setbacks shall be thirty (30) feet, except that unsupported roofs and sunscreens may project six (6) feet into the setback area. Interior lot lines for a corner lot shall be considered side lot lines. 3. Rear Yard Setback No rear yard setback is required. MA GRD138 E. Site Coverage Maximum building coverage of 50 percent is allowed. Parking structures shall not be calculated as building area; however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm. F. Building Height All buildings and appurtenant structures shall be limited to a maximum height of fifty (50) feet. G. Signs Identification Sign Area Only one (1) single -faced or double-faced sign shall be permitted per street frontage per site. No sign or combination of signs shall exceed one (1) square foot in area for each 600 square feet of total site area. However, no sign shall exceed 200 square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site. This sign shall identify either the major tenant or the name of the building complex. a. Identification Ground Sign • All identification ground signs shall not exceed four (4) feet above grade in vertical height. Also, such ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line of any streetside setback area. However, the above standards shall not apply to the Multi -Tenant Directory Sign, the Special Purpose Sign, nor the signs listed in the Sign Appendix of this Ordinance. • b. Identification Wall Sign Identification Wall Signs shall not comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs; signs painted directly on the surface of the wall shall not be permitted. In the instance of a multiple tenancy building, each individual tenant may have a wall sign over the entrance to identify the tenant. Said sign shall give only the name of the company and shall be limited to one (1) foot in height. Additionally, one sign per tenant may be affixed to the wall which faces the parking lot of the subject building. Said sign shall give only the name of the tenant and shall be limited to four (4) inch high letters. 11'15 GR D 138 0 9, 2. Multi -Tenant Directory Sign One (1) directory sign listing only the names of the on -site firms or businesses will be allowed per site. Said sign shall be located even with or in back of the required building setback line and shall be located in the parking area or on any access drive to the parking area. This sign shall be limited to a maximum height of four (4) feet and a length of eight (8) feet and may be double-faced. This sign shall be in addition to identification signs allowed by Subsection G, Paragraph 1 above. 3. Real Estate Sign Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be of a ground type sign. 4. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and shall be permitted in addition to- the other signs listed in this section. 5. Additional Signs Additional signs, as listed in the Sign [ ppendix of this Ordinance, shall be permitted according to the criteria and performance standards contained' in said appendix. H. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. All signs attached to the building shall be flush mounted. I. Parkin Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Parking shall be provided for each building or development in accordance with the requirements set forth below based on the proportion of each type of use to the total building site. GRD138 Ll • 0 Required off-street parking shall be provided on subject site or on a contiguous site or within 300 feet of the subject site. Where parking" is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and filed with the Planning Department and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. The following guide shall be used to determine parking requirements. Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each 1,000 square feet of gross floor area. Warehouse Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each 1,000 square feet of gross floor area for the first 20,000 square feet; one (1) space for each 2,000 square feet of gross floor area for the second 20,000 square feet; one (1) space for each 4,000 square feet of gross floor area for areas in excess of the initial 40,000 square feetiof floor area of the building. The number of employees for number of employees present than one (1) shift, sufficient necessity for on -street parking, J. Landscaping parking purposes shall be determined by the largest on the site at one time. In the event there is more parking must be provided on -site to preclude the As a portion of the total landscaping scheme, certain streets and areas have been designated as "Special Landscaped Streets and Areas." Landscape treatment along the frontages of said streets requires special consideration and therefore is referred to under separate sections in the following landscaping standards. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. -10- GRD138 0 b. Special Landscaped Streets and Areas (as shown on the Land Use Plan) The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped except for any driveway in said area. - d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one-half (2-1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 2. Side and Rear Yard Setback Areas a. General Statement All unpaved areas not utilized for parking and storage, or designated undeveloped areas, shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be landscaped in such a manner as to interrupt or screen said areas from view from access streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs and/or trees. d.- Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not'more than two and one-half (2-1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. -11- GRD138 0`� 4. Slope Banks All slope banks greater than 5:1 or 6 feet in vertical height and adjacent to public right-of-way shall be stabilized, planted and irrigated in accordance with the plans submitted fond approved by the Planning Director. K. Loading Areas 1. No loading shall be allowed which is visible from adjacent streets. 2. On other than special landscaped streets, streetside loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right-of-way line, or one hundred ten (110) feet from the street center- line, whichever is greater. Said loading area must be screened from view from adjacent streets. L. Storage Areas 1. All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception of paIenger vehicles. • 3. No storage shall be permitted between a frontage street and the building line. _ M. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property by a complete opaque screen. 2. No refuse collection* areas shall be permitted between a frontage street and the building line. N. Telephone and Electrical Service All "on -site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 0. Sidewalks The requirement for sidewalks in the PC district may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City retains the right to require installation of sidewalks, if in the future a need is established by the City. -12- GRD138 • P. Nuisances No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro-mechanical disturbance and radiation, electro-magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. -13- GRD138 0 SECTION V. LIGHT INDUSTRY, BUSINESS AND PROFESSIONAL, AND COMMERCIAL, ' 'A i A. Intent It is the intent of this district to permit the location of a combination of light industrial uses, business and professional office uses, and commercial -industrial uses engaged in the sales of products and services relating to and supporting the devel- opment plan, provided such uses are confined within a building or buildings, and do not contribute excess noise, dust, smoke, or vibration to the surrounding environ- ment nor contain a high hazard potential due to the nature of the products, material or processes involved. Ancillary activities, i.e., vehicle and bulk storage, associated with the above permitted uses may be located outside a structure provided screening requirements as set forth in this document are observed. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted: 1. Commercial -Industrial Uses primarily engaged in commercial activities that involve some degree of on -site production, assembly, repair, maintenance, etc., of the product sold or • products related to the service rendered, such as, but not limited to, the following list of examples: a. Appliance sales, rental, repair b. Furniture sales, rental, repair c. Locksmith d. , Plumbing shop e. Carpet sales and cleaning f. Drapery sales and cleaning g. Home improvement centers h. Equipment rental centers i. Wholesale -retail food distributors J. Nursery and garden stores 2. Public and Quasi -Public Uses a. -Post office b. Public and quasi -public utility business office and related service facilities c. Utility substation d. Service and maintenance facilities • C. Building Site Area Twenty thousand (20,000) square feet minimum. -14- GRD138 9 D. Setbacks 0 All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the ultimate right-of- way line of the frontage street. 1. Street Frontage Yard Setback Thirty (30). feet minimum, except that unsupportr i roofs or sunscreens may project six (6) feet into the setback area. 2. Interior Side Yard Setback Ten (10)feet, except that unsupported roofs and sunscreens may project three (3)feet into the setback area. 3. Rear Yard Setback No minimum. E. Site Coverage Maximum building coverage of 50 percent is allowed. Parking structures shall not be calculated as building area; however, said structures shall be used only for the parking of company vehicles, employee vehicles, or vehicles belonging "to persons visiting the subject firm or utility. F. Building Height All buildings and appurtenant structures shall be limited to a maximum height of thirty-two (32) feet. G. Signs 1. Sign Area - General Standard Only one (1) single or double-faced identification sign shall be permitted on the building per street frontage for each individual business. No sign shall exceed an area equal to one and one-half (1-1/2) square feet of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed 200 square feet in area per face. 2. Wall Sign In no event shall an identification sign placed on a wall comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. -15- GRD138 • 3. Ground Sign An identification ground sign shall not exceed four (4) feet above grade its - vertical height. Also, ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any s'treetside setback. However, the above standards shall not ' apply to the signs listed in Section VMI Signs, of this Ordinance. 4. Multi -Tenant Directory Sign One (1) directory sign listing only the names of the on -site firms or businesses will be allowed per site. Said sign shall be located even with or in back of the required building setback line and shall be located in the parking area or on any access drive to the parking area. This sign shall be limited to a maximum height of four (4) feet and a length of eight (8) feet and may be double-faced. This sign shall be in addition to identification signs allowed by Subsection G, Paragraph 1 above. 5. Real Estate Sign Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be on a ground type sign. 6. Speciel Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to a total of six (6) square feet (single face) it special conditions shall not exceed area and shall be permitted in addition to the other signs listed in this section. 7. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be the and standards contained in said permitted according to Criteria performance appendix. H. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be any other contrivance shall be devised or constructed so lighted but no signs or as to rotate, gyrate, blink or move in any animated fashion. 2. Business signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. 4. All signs attached to the building shall be flush mounted on and parallel to the wall to which it is mounted. -16 GRD138 • 1. Parkin Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Parking shall be provided for each building or development in accordance with the requirements set forth below based on the proportion of each type of use to the total building site. Required off-street parking shall be provided on the site of the use served, or on a contiguous site or within 300 feet of the subject site. Where parking is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and filed with the Planning Department and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each 1,000 square feet of gross floor area. Warehouse Two (2) parking spaces for each three (3) employees, but in no event less than one (I) space for each 1,000 square feet of gross floor area for the first 20,000 square feet of gross floor area for the second 20,000 square feet; one (1) space for each 4,000 square feet of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building. The number of employees for parking purposes shall be determined by the largest number of employees present on the site at one time. In the event there is more than one (1) shift, sufficient parking must be provided on -site to preclude the necessity for on -street parking at all hours of the day including work shift overlaps. J. Landscaping As a portion of the total landscaping scheme, certain streets and areas have been designated as "Special Landscaped Streets and Areas." Landscape treatment along the frontages of said streets requires special consideration and therefore is referred to under separate sections in the following landscaping standards. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. -17- GRD138 iJ11 1 Cr s r� r� All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Street Frontage Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Streets and Areas The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped except for any driveway in said area. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not moje than two and one-half (2-1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 2. Side and Rear Yard Setbacks a. General Statement All unpaved areas not utilized for parking and storage, or designated undeveloped, areas, shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Areas Subject to Future Development Areas subject to future development shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be landscaped in such a manner as to interrupt or screen said areas from view from access streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs and/or trees. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one-half (2-1/2)feet within -18- GRD138 QD • the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 0 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. 4. Slope Banks All slope banks greater than 5:1 or 6 feet in vertical height and adjacent to public right-of-way shall be stabilized, planted and irrigated in accordance with the plans submitted to and approved by the Planning Director. K. Loading Areas 1. No loading shall be allowed which is visible from adjacent streets. 2. On other than special landscaped streets, streetside loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right-of-way line, or one hundred ten (110) feet from the street center- line, whichever is greater. Said loading area must be screened from view from adjacent streets. L. Storage Areas i. All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. M. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property by a complete opaque screen. 2. No refuse collection areas shall be permitted between a frontage street and the building line. N. Telephone and Electrical Service All "on -site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. Dion GRD138 qj • O. Sidewalks The requirement for sidewalks in the PC (Planned Community) district may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City. retains the right to require installation of sidewalks, if in the future a need is established by the City. • 0 P. Nuisances No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro-mechanical disturbance and radiation, electro-magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. -20- GRD138 SECTION VI'. COMMERCIAL, AREA 3 • A. Intent The intent of this district is to allow the location of light general commercial activities engaged'in the sale of products to the general public. Said activities shall be contained within a building or buildings and shall not contribute excessive noise, dust, smoke, or vibration to the surrounding environment, nor contain a high hazard potential due to the nature of the products, material or processes involved. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted: 1. Retail sales and service of a convenience nature. 2. Restaurants, including outdoor, drive-in or take-out restaurants shall be subject to the securing of a use permit in each case. 3. Fire, police and other similar state, county and municipal facilities. 4. Service stations subject to the development standards contained in this Ordinance, Section VIL i C. Building Site Area Two thousand (2,000) square feet minimum. D. Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the adopted right-of- way of the frontage street. 1. Street Frontage Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens'may project six (6) feet into the setback area. 12. Interior Side Yard i Side yard setbacks will be required only when subject property abuts other than commercially zoned property. A ten (10) foot setback is required in such cases. Unsupported roofs and sunscreens may project three (3) feet into the setback area. i 3. Rear Yard None required. •i I -21- GRD138 q'�I U • 1. Identification Sign Area -General Standard Only one (1) single. o.r double-faced identification sign shall be permitted per street frontage for each individual business. No sign shall exceed an area equal to one and one-half (1-1/2) square feet of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed 200 square feet in area per face. a. Identification Ground Sign An identification ground sign shall not exceed four (4) feet above grade in vertical height. Also, ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any streetside setback. However, the above standards shall not apply to the Multi -Tenant Directory sign or the allowed signs listed in the Sign Appendix of this Ordinance. b. Identification Wall Sign In no event shall an identification sign placed on a wall comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. !Signs painted directly on the surface of the wall shall not be permitted. 2. Restaurant Pole Sign One (1) identification pole sign per site will be allowed. If a pole sign is utilized, it shall by E. 1. a. and b. above. Pole twenty (20) feet and a maximum faced. 3. 4. 5. Multi -Tenant Directory Sign be in lieu of other identification signs allowed signs shall be limited to a maximum height of area of fifty (50) square feet per face, double - One (1) directory sign listing only the name of the firms or businesses on a site shall be allowed. Said sign shall be limited to a maximum height of twenty (20) feet. Panels identifying each individual store shall be no larger than one (1) foot in height and five (5) feet in length. Real Estate Sign Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be of a ground type sign. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face)in area and shall be permitted in addition to the other signs listed in this section. -22- GRD138 �AI 6. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. F. Building Height All building appurtenant structures shall be limited to a maximum height of thirty- two (32) feet. G. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. y shall be measured y a 3. A wall rectangle garound he outside of hen with the individual rletter lettering and/or plied lthe pictorial symbol band calculating the area enclosed by such line. I • All signs attached to the building shall be flush mounted. H. Parkin 1. Restaurants Parking shall be in accordance with Section 20.38.030(d) of the Newport Beach Municipal Code. 2. Outdoor Drive-in and Take -Out Restaurants Parking shall be in accordance with Section' 20.53'.060 of the Newport Beach Municipal Code. 3. Commercial One (1) space for each 250 square feet of gross floor area. One (1) loading space for each 10,000 square feet of gross floor area. I. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape archi- tect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. -23- GRD138 �rD All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Street The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10)feet in back of the front property line shall be landscaped except for any driveway in said area. 2. Side Yard and Rear Yard a. General Statement All unpaved areas not utilize for parking and storage shall be landscaped • utilizing ground cover and/or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition but need not be landscaped. • c. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, freeways, and adjacent properties. plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. d. Boundary Areas Boundary landscaping is required on all interior property lines excluding sidewalk and driveway areas. Said landscaping shall be placed along the entire length of these property lines or for a distance of sufficient length to accommodate the required trees. Trees, equal in number to one (1) tree per twenty-five (25) lineal feet of each property line, shall be planted along the above lines in addition to required ground cover and shrub material. -24- GRD138 • e. Landscaping - Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by F wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. J. Loading Areas Streetside loading on other than special landscaped streets shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right-of- way line, or one hundred ten (110) feet from the street centerline, whichever is greater. Said loading area must be screened from view from adjacent streets. K. Storage Areas 1. All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception'of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. L. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection areas shall be permitted between a frontage street and the • building line. M. Telephone and Electrical Service All "on -site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. N. Pedestrial Access If other than a normal city pedestrial sidewalk system is desired, the developer shall submit a plan of pedestrian access to the Planning Department prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development of the property. The plan shall show all interior walkways and all walkways in the public right-of-way, if such walkways are proposed or necessary. -25- GRD138 J 0 SECTION VII. SERVICE STATION DEVELOPMENT STANDARDS A. Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the adopted right-of- way line of the frontage street. 1. Front Yard and/or Streetside Setback Area a. Special Landscaped Streets Thirty (30) feet, except that unsupported roofs, sunscreens and canopy roofs may project six (6) feet into the setback area. Signs allowed by this Ordinance may be placed in the front yard setback area. b. Other Streets Ten (10) feet, including unsupported roofs, sunscreens and canopy roofs. Signs allowed by this Ordinance may be placed in the front yard setback area. 2. Interior Setbacks Twenty (20) feet from the side and rear lot lines unless the station is an integral part of a commercial complex, in which case said setback may be five (5) feet. Unsupported roofs, sunscreens and canopy roofs may project three (3)feet into the setback area. B. Minimum Building Site Area A minimum building site area of 20,000 square feet is required. C. Signs 1. One (1) freestanding sign, limited to a maximum height of seventeen (17) feet, shall be permitted. Sign face shall not exceed a maximum area of forty-five (45) square feet per face, double faced. 2. One (1) identifying sign or symbol mounted on the building shall be permitted. Maximum area of the sign or symbol shall be eight (8) square feet. Maximum letter height shall be one (1) foot except for logos. 3. Real Estate Sign Subject to the standards established in Subsection G.39 Section IV, of this Ordinance. -26- GR D138 0 is 0 4. Special Purpose Sign Subject to the standards established in Subsection GA, Section IV, of this Ordinance. 5. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. D. Sign Standards The same sign standards as outlined in Subsection H, Section IV, of this Ordinance shall prevail for developments in this area. E. Parkin A minimum of eight (8) parking spaces shall be provided on the site. Size of spaces, isles widths, etc., shall conform to the provisions of the City of Newport Beach Zoning Code. F. Landscaping All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard and/or Streetside Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Streets and Areas The entire area between the curb and the building setback line shall be landscaped, except for any driveway parking area in said area. c. Other Streets The entire area between the curb and a point ten (10)feet in back of the front property line shall be landscaped except for any access driveway in said area. 2. Interior Setbacks a. All unpaved areas not utilized for parking and storage shall be landscaped utilizing ground cover and/or shrub and tree materials. -27- GRD138 n n. b. Boundary Areas Boundary landscaping is required on all interior property lines adjacent to properties zoned for other than commercial uses. Said landscaping shall be placed along the -..entire length of these property lines or be of sufficient length to accommodate the number of required trees. Trees, equal in number to one (1) tree per twenty-five (25) lineal feet of each property line, shall be planted in the above -defined areas in addition to required ground cover and shrub materials. c. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. d. Landscaping; excepting trees, along all streets and boundaries shall be limited to a height of not more -than three and one-half (3-1y2) feet within twenty (20) feet of the point of intersection of street and access drives. G. Screening A masonry wall or landscaping forming an opaque screen shall be installed along property lines which abut property zoned for industrial uses. Said wall or land- scaping shall be six (6) feet in height. Wall or landscaping shall be no higher than three (3) feet (except trees) within twenty (20) feet of any adopted street right-of- way line. Where there is a difference in elevation on opposite sides of the wall, the height shall be measured from the highest grade level adjacent to the wall. No signs or sign supports shall be permitted on any required screening. isH. Refuse Collection Area All trash and refuse shall be stored within an area enclosed by a wall at least six (6) feet in height. Wall material shall match exterior building material. -28- GRD138 r,in 0 SECTION VIII. OFFICE, AREA 4 ri u 0 A. Intent It is the intent of this area to provide for the development of office -research and development facilities. Prior to the adoption of a tentative tract map for this area, the Planned Community (PC) text shall be amended to include specific standards related to amount of development, building setbacks, grading, parking, on -site circulation, site access, landscaping, the location of public facilities and other pertinent factors. This area also includes the reservation of sufficient area to provide for a future fire station to serve this general area of the city. B. Permitted Uses The following uses shall be permitted: I 1. Administrative and professional offices 2. Research and development facilities 3. Retail sales and service of a convenience nature 4. Restaurant, subject to use permit 5. Institutional, financial and governmental facilities 6. Parking Lots, structures and facilities . -29- GRD138 J/\I is it SECTION IX. RESIDENTIAL, AREA 5 A. Intent It is the intent of Area 5 to provide residential housing and related facilities. This text shall serve as the core PC text delineating the development opportunities and requirements on the parcel. Prior to adoption of a tentative tract map for this area, the Planned Community text shall be amended to include specific standards related to building setbacks, height limitations, grading, parking, onsite circulation, site access, landscaping, location of public facilities and other pertinent factors. The residential development shall not exceed 888 residential units; 222 of the dwelling units constructed must be affordable to persons of low and moderate income. Of the 222 affordable units required, 80 percent (178) shall be affordable to families whose income does not exceed 100 percent of the median family income in Orange County, and 20 percent (44) shall be affordable to families whose income does not exceed 80% of the median family income in Orange County. These units shall be maintained as affordable housing units as specified above for a period of ten-(10) years from the date of original occupancy. B. Permitted Uses 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Cluster unit developments, as defined in Section III, Definitions Single family dwellings attached or detached Apartments Custom lots Conventional subdivisions Condominiums/tow nhomes Temporary model complex and appurtenant uses Community recreational facilities Signs (as per city code and as provided in Section VII of text) Public park sites -30- this Planned Community GRD138 • SECTION X. PARK, AREA 6 It is the intent of this section to designate an area for a future public park site. The park shall be located in approximately the location shown on the Land Use Plan. -31- GRD138 • SECTION XI. SIGNS E • The following material represents the sign program for the North Ford/San Diego Creek PC District. It is an endeavor to both identify and provide for the primary functions of any sign program; and informing prospective buyers how and where to purchase that product. This material is not intended as a substitute for detailed engineering knowledge, experience or judgment. It is intended to provide a quick and graphic representation of those signs to be allowed on Irvine property and under what conditions said signs shall be allowed. It includes such pertinent data as justification for a particular sign, where the sign may be located, how long it may be erected and fabrication specifications. It is intended that the following sign criteria be utilized as a policy guidelines regulating signs on a uniform basis for all company properties. Sign type letters A, B and C shall be subject to a conditional use permit. Sign type letters D, E, F and G shall be subject to the approval of the Planning Director. . -32- GRD138 i� r I' University of California •� University Park ql Turtle Rock •� Walnut Village .�► SIGN TYPE (A) FREEWAY "PLANNED COMMUNITY" TRAVEL DIRECTIONAL SIGN: A sign consisting of panels which inform the viewer of4the route or direction of travel i in order to arrive at Irvine planned communities. POLICY: Shall consist of one, two, three or four panels maximum, depending upon the number of communities requiring identity at that location. Each panel shall display the name of a planned community or significant regional land use and a directional arrow. May be double faced if required. Signs shall be located prior to freeway off ramps. A community shall be identified only on the signs located prior to the primary access road to the community from the freeway. Signs shall contain four panels for aesthetic balance even though some panels may be blank. 1 ' LOCATION: Only one sign structure shall appear before the entrance to an existing freeway off ramp. This sign shall be located no less than 660 feet and no more than i 1320 feet from the point at which the apron starts to widen for the off ramp. LONGEVITY: Each sign panel shall have a time limit of 5 years from the date specified in the text for a planned community request, subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 97.5 square feet per sign panel. Total sign area approxi- mately 390 square feet. 0 . G G F_•. \' r University of Calif. �• University Park Turtle Rock u)o, Walnut Village .► SIGN TYPE (B) HIGHWAY "PLANNED COMMUNITY" TRAVEL DIRECTIONAL SIGN: A sign consisting of panels which inform the viewer of the route or direction of travel in order to arrive at Irvine planned communities. POLICY: The sign shall be limited to a maximum of four panels, depending upon the number of communities requiring identity at that location. Each panel shall dis- play the name of a planned community or significant regional land use and a direc- tional arrow, only. Each of the panels maybe double faced if required. Signs shall be placed only on major and primary roads, and shall contain four panels for aesthetic balance even though some panels may be blank. ' LOCATION: Only one such sign structure shall exist within 1320 feet of a major intersection in each direction. The sign may be on either the right or left hand side of the road. LONGEVITY: Each sign panel shall have a time limit of 6 years from the date specified in the text for a planned community request, subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 36.6 square feet per panel. Total sign area approximately 146.4 square feet. 0 1, L SIGN TYPE (C) INTERSECTION DIRECTIONAL SIGN: A sign consisting of panels which inform the viewer of the route or direction of travel in order to arrive at Irvine planned communities. POLICY: Shall consist of one, two, three, four or five panels maximum depending upon the number of communities requiring identity at a particular intersection. Each panel shall display the name of a planned community or significant regional land use and a directional arrow, only. Each of the panels may be double faced if required. LOCATION: Ideally suited for intersections which require the motorist to make a complete stop, and where directional assistance is required for many communities. Such signs shall be within five miles of the communities they identify and shall be located along direct routes to a planned community. LONGEVITY: Each sign panel shall have a time limit of 5 years from the date specified- in the text for a planned community request, subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 4.1/2 square feet per panel. Maximum total area 22.5 square feet. WALNUT VILLAGE 2 miles I SIGN TYPE (D) REASSURANCE SIGN: A sign designed to reassure motorists of their direction of travel and distance to Irvine planned communities and points of major interest. POLICY: Such signs shall be not more than five feet in vertical height or horizontal length exclusive of ground clearance and shall not exceed a total area of 15 square feet. May be double faced if required. LOCATION: Such signs shall be located only along direct routes to the planned community or significant regional land use. They shall be within five miles of the community or land use they identify, and they shall be at least one-half mile from any other reassurance sign identifying the same planned community or regional land use. LONGEVITY: Each sign shall have a time limit of five years, subject to renewal by the appropriate public agency if still serving a public need. SIGN SURFACE AREA: 13.5 square feet. io6 College T Park Homes Z Walnut Village Irvine SIGN TYPE (E) TRACK "SUBDIVISION IDENTIFICATION" AND COMMUNITY DIRECTION SIGN: A sign which informs the viewer of the name of the planned community he is approaching and the direction of travel to enter that residential community and the name/s of the developer/s who are currently building and/or marketing homes in that community. POLICY: Shall not exceed 120 square feet in sign surface area. May be used as an on - site (within the boundaries of the planned community) or an off -site sign. Shall display only the name/s and/or symbols of the developer/s who are currently building and/or marketing homes in that community or the name or names of the tract development within that community (maximum of 2) and the name of the planned community and a directional arrow, and the name "Irvine." May be double faced if required. LOCATION: To be located before critical intersections which introduce the major entry/ies to a Planned Residential Community. LONGEVITY: Each sign shall have a time limit of five years from the date of issuance of the sign permit. Subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 120 square feet. ♦ Walnut Village East Greentree Homes by Donald L Bran Co. Irvine SIGN TYPE (F) COMMUNITY ENTRY SIGN: A sign which identifies the entry to a development in an Irvine community in which homes are for sale. The sign informs the viewer of the name of the community, the names of the developments in that community and the direction of travel to reach the model' areas. POLICY: Wherever possible shall be used as an on -site sign (within the boundaries of the community). Shall be double faced where required. LOCATION: At or near the main entry/ies to the residential community. LONGEVITY: Each sign shall have a time limit of 5 years from the date specified in the text for the planned community. Subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 160 square feet. l 1 � i APARTMENT SITE l Y SIGN TYPE (G) FUTURE FACILITY SIGN: A sign which informs the viewer, through symbol and verbal reinforcement, of the type of facility planned for a community, POLICY: The sign shall identify facilities which are planned as part of a planned community and are to be constructed in the immediate future. General symbols, de- signed to identify and not to advertise, will represent the same type of facilities in each of the Irvine communities. May be double faced if required. LOCATION: Always installed on the site of the facility and oriented to the nearest street. One sign to be utilized for each street fronting on the site. LONGEVITY: From the time the site has been zoned for the facility until construc- tion and/or leasing is completed. SIGN SURFACE AREA: 96 square feet maximum (including 4 "rider" panels). 0 rj r0 I* SIGN TYPE (G) FUTURE FACILITY SIGN: A sign which informs the viewer, through symbol and verbal reinforcement, of the type of facility planned for a community. POLICY: The sign shall identify facilities which are planned as part of a planned community and are to be constructed in the immediate future. General symbols, de- signed to identify and not to advertise, will represent the same type of facilities in each of the Irvine communities. May be double faced if required. LOCATION: Always installed on the site of the facility and oriented to the nearest street. One sign to be utilized for each street fronting on the site. LONGEVITY: From the time the site has been zoned for the facility until construc- tion and/or leasing is completed. SIGN SURFACE AREA: 96 square feet maximum (including 4 "rider" panels). i L II% • AMENDMENTS Amend North Ford P-C text to include San Diego Creek South Parcel designated for office use (Area 4); designate Area 5 for residential use; increase square footage of permitted commercial use (Area 3); designate Area 6 for park use (Amendment 592, adopted October 24, 1983). GRD13B .1) i z (EXHIBIT "G") KOLL CENTER NEWPORT PLANNED -COMMUNITY REGULATIONS (EXCERPT) • //t • PLANNED COMMUNITY DEVELOPMENT STANDARDS For Koll Center Newport Ordinance No. 1449 adopted by the City of Newport Beach on August 14, 1972 Original draft May 5, 1972 Amendment No. (1) June 21, 1972 Amendment No. (2) September 7, 1972 Amendment No. 3) July 6, 1973 Amendment No. 4 January 11, 1974 Amendment No. 5 March 22, 1974 Amendment No. 6) April 18, 1975 Amendment No. 7 September 8, 1975 Amendment No. (8 April 23, 1976 Amendment No. (9) November 5, 1976 Amendment No. 10 June 26, 1978 Amendment Amendment No. No. 11 12 August 28, 1978 November 27, 1978 (Amendment 514) Amendment No. 1131 August 8, 1980 Amendment No. 14 March 9, 1981 Amendment No. (15; October 24, 1983 Note: See Footnotes, Page 45-for description of amendments. GRD140 EXHIBIT 6 G • • PART II COMMERCIAL Section 1. Site.Area and Building Area (4) Group 1. PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setback with property lines. (4) A. Building Sites (4) Total Acreage Site A 0.933 9 acres*_ Site B 42.709 acres Site C 18.806 acres (10) Site D 19.673 acres Site E 2.371 acres Site F 1.765 acres Site G 5.317 acres (8) 122.574 acres (8)(10)(11) B. Allowable Building Area Site A 350,200 square feet Site B 8606gO square feet Site C 674:800 square feet (15) Site D 333,200 square feet (8) Site E 32,500 square feet (4) Site F 24,300 square feet (4) Site G 45,000 square feet (8) Office Acreaae 30.939 acres* 42.709 acres 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) 2,287,000 square feet (15) 2,287,000 square feet (15) C. Statistical Analysis (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. - Assumed parking criteria: One (1) space per 225 square feet of net building area @ 120 cars per acre. 1. Site A Allowable Building Area Site Area 350,200 square feet 17.399 acres* (3)(4) * (3)(4) In addition to 17.399 acres of office use, there is 9.54 acres for hotel and motel and 2.5 acres for restaurants and 1.5 acres of retail and service within Office Site A. Therefore, there are 30.939 acres net within Office Site A. GRD140 -13- I, mmmmi I. Site A Fable Building Area ............... 350,200squcrefeet Site Area ............................ 17.399 acres* (3)(4) a. Building Height Two story development Three story development Four story development s Five story development Six story development Seven story development Eight storydevelopment Nine star/ development Ten story development Eleven story development Twelve story development Land Coverage .......... 4.02 acres .......... 2.68 acres .......... 2.01 acres .........0 1.61 acres ......... 1.34 acres .......... 1.15 acres .......... 1.00 acres 0.89 acres .......... .....0.... 0.81 acres .......... 0.13 acres .......... 0.61 acres b. Parking • Land Coverage 1167 cars ........................• • 9.73 acres (11) c. Landscaped Open Space (4j(11) Land Covercge Two story development ..........�� acres Three story development • . .......... 4.99 acres Four story development .......... 5.66 acres Five stay development '6.06 acres Six story development ......,.. 6.33 acres Seven story development .6.52 acres Eight story development ,......... 6.67 acres Nine story development .......... 6.73 acres Ten stodevelopment acres Eleven story development ,,........ 6.86 6.94 acres Twelve story development .......... 7.06 acres 2. Site B Allowable Building Area ............... 860,600 sq. ft. Site Area 43.703 acres (4)(11) a. Building Height Land Coverage Two story ....,..,.. 9.88 acres Three story development ' ......0... 6.59 acres Four story development .......... 4.94 acres Five story development ........;. 3.95 acres Six story development .....0.... 3.29 acres Seven story development ........... 2.82 acres Eight story development .......... 2.47 cares Nine story development .........0 2.19 acres Ten story development .......... 1.98 acres Eleven story development .......... 1.80 acres Twelve story development ......;... 1.65 acres • b. Parking 3,179 cars c. .Landscaped Open_ Space (11) Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development 3. Site C (10) Allowable Building Area Site Area Land Coverage 26.49 acres (11)(13) Land Covers e (11)(13, 6.2 acres 9.91 acres 11.74 acres 12.83 acres 13.56 acres 14.08 acres 14.47 acres 14.78 acres 15.02 acres 15.22 acres 15.39 acres 674,800 square feet (15) 18.806 acres (4) a. Building Height Land Coverage Two story development 4.36 acres Three story devellopment 2.91 acres Four story development 2.17 acres Five story development 1.74 acres Six story development • 1.46 acres Seven story development 1.25 acres Eight story development 1.09 acres Nine story development 0.96 acres Ten story development 0.88 acres Eleven story development 0.79 acres Twelve story development 0.72 acres b. Parking 1688 cars c. Landscaped Open Space (4) TWO story development Three story development Four story development .Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Land Covers e 14.07 acres Land Coverage (T. 38 acres 1.83 acres 2.57 acres 3.00 acres 3.28 acres 3.49 acres 3.65 acres 3.78 acres 3.86 acres 3.96 acres 4,.02 acres GRD140 -15- 0 Is 4. 5110 D Allov,ublc Building Area ............ 333,i00 sq. {I . (ri) Site Area ......................... 19.673 ccn:: (` ) 0. vuiidin^ t'ieiglSt (8) Land Cii\'•^r+^:= Two story development .......... 3.22 acres Three story development .......... 2.55 acres Four story devcicpment .......... 1 .41 acres Five story development .......... 1 .53 acres Six story development ...... I... 1.27 cares Seven story development .......... 1.09 acres Eight story development .......... 0.96 ccros Nine story development .......... 0.0.aves Ten stoy dew lopment .......... 0.76 acres Eleven star, development .......... 0.70 acres Twelve story development .......... 0.e.4 acn>s b., Parking (S) Land Coverage 1,231 cars ................... ... 12.34 acres. 5 L d C. Land -_aped Cpen Sr,:±ee_ %,"I O Two sto-:, development .......... 3.51 o.:re: Three story developmmant .......... 4.78 cc- Four star! development .......... 5.42 acrc%s Five :tory development .......... 5.30 acre: Six story dPve.loPment .......... 6.05 Seven :rrry d_velopment .......... 6.24 ccros Eight stor/ developmenr .......... 6.'77 acres Nine story developa�ant .......... 6.40. acres Ten story develo;:men• .......... 6.57 core-, Eloven stl;ry devaloprnent .......... 6.6 "Vas Twelve star/ dcvolo(amcnt .......... 6.69 a.c::s 5. ' Site Allorvab!e Building Amza I ............. 32,5GO sq. Site Area ............................ 2.371 acres ra) C. $uilding `!oinl t Two story. d.welopmnt Three story deer-lcpmert Four stay develo mert Five story development Six story development Land Covair.nt, fetj 0/�.3;' acrE�s .......... .. ........ 0.23 Jc: us 0.19 acim .......... 0.15 acnrs .......... .......... 0.12. eras HII • s Severtstory devciaprnent .......... 0.11 ocras Eight stare devclopment .......... 0.10 or.:es Nine story development 0.09 Citrus Tan star/ development ........ 0.03 acres Eleven story development .......... 0.07 carts --._ Twelve story development .......... 0.0( acres b. Parking Land Covorcye 144 tors ........................ 1.20 cares (4) C. Landscaped Open Space (4) Land Coverc:ae Two star/ development .......... 0.80 acres Three story development .......... 0.92 acres _ Four story development .......... 0.98 acres Five story development .......... 1.02 acres Six story development .......... 1.05 acres Seven story development .......... 1.06 acres Eight story development 1 .07 acres Nine story development .......... 1.08 acres Ten story development .......... .......... 1.09 acres Eleven story development .......... 1.10 acres Twelve story development .......... 1.11 acres 6. Site F (4) 1 Allowable Building Area ............... 24,200 sc.ft. Site Area ............................ 1.765 acres a. Building Height One story development Two story development Three story development Four story development Land Coverage .......... 0.56 acres .......... 0.28 acres, .......... 0.19 cc, as .......... 0.14 acres b. Parking Land Coverage 08 cars ........................ 0.90,ccres e. Landscacc Open Socee Land Covarc^e One story development .......... 0��7 <ieres- Two story development .......... 0.38 ccras Three story development .......... 0.67 acr.^s Four story development .......... 0.72 aces 7. Site G (8) Allowable 3uilding Arno ................ 45,000 s.^; 't . Site Area ............................ 5.31:1acres -17- I'1-01 • a. Building Height Land Coverage One story development 1.03 acres Two story development 0.52 acres Three story development 0.34 acres Four story development 0.26 acres b. Parkins Land Coverage 20 cars 1.67 acres c. Landscape Open Space Land Coverage One story development 2.62 acres Two story development 3.13 acres Three story development 3.31 acres Four story development 3.39 acres Building Height Maximum building height shall not exceed twelve (12) stories above ground level, and shall in no way exceed the height limits set by the Federal Aviation Authority for Orange County Airport; provided, however that a maximum of two (2) fifteen story office buildings may be constructed in Block C not to exceed 215 feet in height with the approval of the FAA and review by the Airport Land Use Commission. GRD140 -17.1- •�� PART V1. FOOTNOTES �• (1) Planned Community Text revision June 21, 1972 incorporating Planning Commission revisions and conditions of approval. (2) Planned Community Text revision September 7, 1972 incorporating City Council conditions of approval as adopted by the City of Newport Beach Ordinance No. 1449 on August 14, 1972. (3) Planned Community Text revision July 6, 1973 incorporating the addition of footprint lots and the addition of two restaurant sites within office site "A". (4) Planned Community Text revision January 11; 1974 incorporating the following changes: a. Revised Planned Community Text site acreage figures to conform with the recorded tract map. b. Revised Exhibit "A" (land use map) to conform to recorded tract map. C. Changed the size of office site "E" and created one parcel of land comprised of restaurant site No. 3, service station site No. 3 and the residual of office site "El'. This new site is designated as office site "F". d. — Revised retail and service site No. 2 from a specific location to a floating location within office site "A". e. Added mechanical car wash subject to a use permit as a permitted use on the service station sites. f. Added private clubs or athletic clubs'as a permitted use on office. site "B". g. Made provisions for three (3) additional restaurant sites, two sites within office site "B" and one site within office site "F". (5) Planned Community Text revision March 22, 1974 incorporating the following changes: a. Eliminated service station site No. 2 and b. Added health or athletic club as a permitted use within the retail and service center sites. C. Added professional and business office as a permitted use within the retail and service center sites. _ d. Added a minimum 25% landscape requirements or site plan approval by the Planning Commission to the development requirements of retail Site No. 1 —45- *1 C•. C (6) Planned Community Text revision April 18, 1975 incorporating the following changes: a. Clarified the setback requirements for buildings within footprint lots. b. Clarified Professional and Business Office permitted uses. C. Added signing provision for ground floor businesses in multi -tenant building. (7) Planned Community Text revision September 8, 1975 incorporating the following changes: a. • Added the requirement that ail restaurants shall be subject to the securing of a use permit with the exception of certain restaurant uses within Retail and Service Centers. (8) Planned Community Tex; revision April 23, 1976 incorporating the foliowing changes: a. Changed the size of Light Industrial Site Number 2. b. Created Professional and Business Offices Site "G". C. Made provisions for two(2) restaurant sites within Office Site "G". d. Reduced the Allowable Building Area of Office Site "D". e. Amended the construction time table for traffic signals. (9) Planned Community Text revision November 5, 1976 incorporating the following changes: a. Established guidelines for an exception to the minimum site area. (10) Planned Community Text revision June 26, 1978 incorporating the following changes: a. Increase the site area of Professional and Business Office Site C. b. Increase the allowable building area of Professional and Business Office Site C. -46- • 11. Planned Community Text revision August 28, 1978 incorporating the following changes: • •. a. Made_provision for consideration of additional left turn ingress from MacArthur Boulevard. b. Eliminated Service Station Site No. 1 and added the land area to professional and business Office Site B. c. Revised the parking requirement for office buildings within professinal and business Office Sites. 12. Planned Community Text revision incorporating the following City Council changes: a. Established existing and additional allowable development as of October 1, 1978. b. Established criteria for development key and the additional allowable development as of October 1, 1978. 13. Planned Community Text revision incorporating the transfer of allowable buildingtarea from Professional & Business Office Site "D" to Professional & Business Office Site 14. Planned Community Text revisions for Retail and Service Site No. 1 which allocate existing and permitted development as noted below: Retail Site No. 1 (sq. ft.) Parcel Existing 30% 70% Total Parcel 1, R/S 588 (R) 8,200 (R) 10,198 (R) 23,794 (R) 42,192 (0) 0 (0) 3,164 (0) 7,384 (0) 10,548 (R) 0 (R) 0 (R) 0 (R) 0 Parcel 3, R/S 506 (0) 0 (0) 22,000 (R) 0 (0) 22,000 (R) 4,115 (R) 5,334 (R) 12,447 (R) 21,896 Parcel 4, R/S 506 (0) 0 (0) 1,642 (0) 3,832 (0) 5,474 (R) 12,315 (R) 15,532 (R) 36,241 (R) 64,088 Subtotal (0) 0 (0) 26,806 (0) 11,216 (0) 38,022 TOTAL 12,315 42,338 47,457 102,110 (R) = Retail (0) - Office 15. Planned Community text revision increasing the allowable building area in Site C (MacArthur Court). (Amendment No. 593, adopted October 24, 1983.) )%2A NORTH FORD DEVELOPMENT AGREEMENT This Agreement entered into this _ day of , 1984, by and between the City of Newport Beach, a Municipal Corporation and Charter City ("City") and The Irvine Company, a Michigan Corporation, ("Company") is made with reference to the following facts: A. Company is the owner of three pardels of real pro- perty, located in the City of Newport Beach, conmonly known as North Ford, MacArthur Court and San Diego Creek. MacArthur"Court is bounded on the north by Campus Drive, on the west by MacArthur Blvd., consists of approximately 18 acres, and the legal descrip- tion for the parcel is attached as Exhibit "A". North Ford is bounded on the north by the roadway known as University Drive- - extended, on the west by Jamboree Blvd., on the east by MacArthur Blvd., consists of approximately 84 acres and the legal descrip- tion for the parcel is attached as Exhibit "B". San Diego Creek is bounded on the south by University Drive extended, on •the north by San Diego Creek Channel, and on the west and east by Jamboree and MacArthur, consists of approximately 22 acres and the legal description for the parcel is attached as Exhibit "C." B. Company has a vested right, pursuant to the Stipu- lated Judgment entered in Orange County Superior Court Case No. 32-18-70, to construct, on a portion of the North Ford parcel, 120 dwelling units, 295,000 sq. ft. of industrial/office space and 28,500 sq. ft. of commercial space. The Stipulated Judgment provides that these development rights can be changed only with the consent of Company. C. On October 24, 1983, City approved General Plan Amendment No. 82-1 (GPA 82-1). GPA 82-1 amended the General Plan Land Use Designations for the North Ford, MacArthur Court and Son Diego Creek parcels subject to certain conditions. These amend- ments can be summarized as follows: 1. Thel portion of North Ford to be devoted to residential uses was increased in size and the maximum number of dwelling units was increased from 120 to 888; 2. At least 222 Of the dwelling units on North Ford would- be affordable to persons of low or moderate income; 3. The permitted commercial development on North Ford was increased from 28,500 sq. ft. to 50,000'sq. ft.; and . 4. The 295,000 sq. ft. of industrial/office development was converted to office/commercial use and the devel- opment rights were transferred to MacArthur Court. .5. The San Diego Creek parcel was designated for administrative, professional and financial uses of unspecified density and intensity. 0 D. The right of Company to develop North Ford and MacArthur Court is subject to numerous conditions. These condi- tions were imposed by City i*n conjunction with the processing of tentative tract map 100,19 and GPA 82-I, and were necessary to mitigate the significant effects of the project and to -ensure conformity with City ordinances, plans and policies. One of the conditions of approval requires the City and Company to enter into a Development Agreement to implement the land uses, policies and constraints on future development established by GPA 82-1. E. City and Company are authorized to enter into this Development Agreement (pursuant to the provisions of the Charter and Ordinances of the City of Newport Beach and the provisions of Section 65864 et seq of the Government Code of the State of Cali- fornia. F. This Development Agreement is consistent with all - elements of the City"s General Plan, zoning'and subdivision ordi- nances, and implements policies, programs and objectives estab- lished in the City's Housing Element (adopted in 1974, and revised in 1981, 1982 and 1984.) G. This Development Agreement has been processed in accordance with the provisions of Chapter 15.45 of the Newport Beach Municipal Code and the provisions of Section 65864, et seq., of the Government Code. 3 •J AGREEMENT I. Subject Property / Purpose The purpose of this Agreement is to authorize, and vest for the term of this Agreement, certain development rights on the real property described in Exhibits "A," "B," and "C" and, further, to specify the terms, conditions and restrictions on these development rights. 2. Basic Development Rights of San Diego Creek_ Company shall have the right to construct admini- strative, professional and financial commercial/office space on the San Diego Creek (parcel. The density and intensity of, and the conditions and restrictions on these development rights shall be determined by City at a later date. Company's right to devel- op the San Diego Creek parcel shall be subject to the conditions or restrictions imposed by City at the time the density and intensity of Development is established. The restrictions on the power of City to impose conditions or restrictions on develop- ment, as set forth in Paragraphs 4 and 5, shall not apply to proposed development on San Diego Creek. m 3. Basic Development Rights on North Ford and MacArthur Court Subject to the conditions and restrictions describ- ed in this Agreement, Company shall have the right to construct the following: A. North Ford 888 dwelling units; 50,000 sq. ft. of corrmercial development. B. MacArthur Court i 295,000 sq. ft. of office development (this is in Loldition to any development rights existing as of the date of this Agreement). 4. Conditions & Restrictions on Basic Development Rights The basic development rights of Company, as outlin- ed i Paragraph 3 are subject to the following conditions and, rest fictions: A. Affordable Housing Requirement (1) Of the 888 residential units to be con- structed on North Ford, at least 222 shall be rented or sold at rates or prices which are affordable to persons or families of low or median income (affordable units). Unless otherwise speci- fied. the terms "low income" and "median income" shall be defined 5 .r as 80% or less, and between 80% and 100%, respectively, of the Orange County annualized median family income as periodically published by the County. of Orange, regardless of family size. Units will be considered affordable to persons or families of low or moderate income if the rental rates do not exceed the maximum rates provided for in Paragraph 4A(6). The parties are to agree on a substitute source if this income data is no longer published or periodically updated by the County of Orange. The remainder of the 888 units shallbeconsidered "market rate units," and not subject to any affordability or occupancy requirement of this Agreement; (2) Except as provided in Paragraph 4A(4), at least 44 of the 222 affordable units shall be made available for occupancy by persons or families of low income. The remainder' of the affordable units (178) shall be made available for occu- pancy by persons or families of median income; (3) In an effort to make a larger portion of the affordable units available to persons and families of low income, Company shall apply for mortgage revenue bond financing, under the program currently sponsored by the County of Orange, to assist in the construction of approximately 580 of the 888 units authorized on North Ford. The Company shall use its best efforts to secure such financing, and shall diligently pursue approval. 6 J if Company is required, as a condition of eligibility for mort- gage revenue bond financing, to construct more than 44 low income units, then Company's obligation to provide median income units under this Agreement sha•11 be reduced by the number of low income units in excess of the 44 units required in this Agreement. (4) The inability of Company to secure tax exempt bond financing and/or changes in financial conditions such as increased interest rates, may make it economically infeasible to maintain the affordability or occupancy requirements of this Agreement. in the event that Company can demonstrate a change in financial conditions from those which existed as of the date of the approval of GPA 82-I, the parties shall meet and confer with respect to changes in the affordability criteria or development standards established by this Agreement, but in no event shall this Agreement be amended to permit construction of less than 222 affordable units. (5) City and' Company agree that comnpnity development block grant and/or Jobs Bill funds (CDBG Funds) cur- rently available to City may be used, to the extent approved by the United States Department of Housing and Urban Development, to purchase property, or an interest in property within North Ford for the purpose of providing housing affordable to persons of low income, as that term is defined by H-D. The obli- 7 I ' r gation of City to use CDBG Funds to purchase property, or an interest in property, within North Ford, and the obligation of Company to provide low income housing on that property shall be accomplished in accordance with,,and subject to, the following: (a) Company has, under threat of condemnation, agreed to sell a 5.95 +/- acre parcel, or an interest therein, in North Ford (CDBG parcel), for the sum of one million dollars ($12000,000.00). Company's obligation to sell this property interest is contingent upon approval of the proposed purchase by the United States Department of Housing and Urban Development (HUD). The obligat iob of Company to sell the CDBG parcel, or an interest therein, is contingent upon the power of City to recon- vey the parcel under the terms specified in Subparagraphs (b),(c) and (d). The obligation of Company to convey to City any interest in the CDBG parcel, or any obligation to construct or maintain the low income units on that parcel, is contingent upon, subject to, and limited by, maintaining a ten-year term of affordability, and the use of the.rental rates, occupancy stan- dards and qualification requirements specified in this Agreement; (b) City agrees to purchase the CDBG parcel, or a pro- perty interest therein, for the sum of one million dollars ($120002000.00). The obligation of City to purchase the CDBG parcel is contingent upon the receipt of CDBG funds in a sum 0 J equal to, or in excess of, the purchase price, and is also con- tingent upon the commitment of Company to provide affordable housing under the terms set forth in'Subparagraph (d). The obli- gation of City to purchase, and Company to sell, the CDBG parcel, or an interest therein, is also contingent on the power of City, under State and Federal law, to participate in the transaction under the terms specified in this paragraph; (c) In the event that City acquires an interest in the CDBG parcel, the nature of that interest shall ensure the provi- sion of affordable housing as specified in Subparagraph (d). In the event that City acquires a fed interest in the CDBG parcel, City shall reconvey the CDBG parcel to Company for one dollar ($1.00), subject to the reservation of an interest that will ensure the provision of affordable housing as specified in Sub- paragraph (d); (d) In the event the City acquires, or reserves, a property interest as described in Subparagraph (c), that interest shall commit Company to construct, on the CDBG parcel, 50 dwel- ling units affordable to persons or families of low income as defined by HID, and those 50 units shall remain affordable for a period of ten years, as provided in this Agreement. Company shall also commit to construct no more than 98 total units on the CDBG parcel and, with respect to that parcel, Company will comply U x with all Federal and State statutes and regulations applicable to projects funded in whole or in part with CDBG funds, and which pertain to activities other than the actual construction of the low income units. •• (e) In the event that City and Company are unable, on or before June 30, 1985, to complete the transaction described in these Subparagraphs, the obligations of City and Company pur- suant to this paragraph shall be void and of no effect; (f) Company's obligation to provide median income units shall be reduced by the number of affordable units provided i through the use of CDBG funds, but the Company'•s obligation to provide low income units shall not be affected. (6) If Company constructs rental housing in satisfaction of its obligation to provide affordable units the maximum permitted monthly rents for all affordable units other than those provided through the use of CDBG funds shall be as follows: County Median Income Units I bedroom 30% of 100% of County Median Income divided by 12 months 2 bedroom 30% of 100% of County Median Income divided by 12 months E County Low Income Units I bedroom 30% of 80% of County Median Income divid- ed by 12 months minus 10% 2 bedroom 30% of 80% of County Median Income divid- ed by 12 months minus 7 1/2% (7) In the event that tax exempt bond financing is not available for the construction of the affordable units, Com- pany shall have the option of constructing "for sale" units. The sale price of the units shall be consistent with the terms and conditions of this Agreement and the Housing Element then in effect. The deed conveying the unit and/or property to the ini- tial purchaser shall contain provisions which: (a) Prohibit, for a period of ten years from date of recordation, the sale of the unit and/or property for a sum in excess of three (3) times the maximum qualifying income for low or.median income persons or families, whichever is appro- priate; and (b) Prohibit, during that ten year period, the sale of the unit and/or property, to any person or family having an income, for the 12 months irrmediately prior to the sale, in excess of that which would qualify that person or family as low or median income, whichever is appropriate. 11 J (8) Company will be responsible for ensuring that persons or families who rent the affordable units qualify to occupy the units at initial occupancy. To ensure an adequate pool of applicants and -to ensure that the income of successful applicants is within the limits established by this Agreement, Company shall do the following: (a) Company shall advertise the availability of the affordable units at least once in a newspaper of general circulation within the County of Orange; (b) Company shall provide City and County of Orange with written nJtice of the availability of the affordable units at least 10 days prior to the last date on which applica- tions for occupancy are accepted; (c) Company shall accept applications for occupancy for a period of not less than 10 days after the last date on which the availability of the affordable units is adver- tised; (d) The obligation of Company to advertise, or notify local agencies of, the availability of affordable units, as specified in Subparagraphs (a) through (c), shall apply only to the initial leasing of each phase containing affordable units. 12 1 .' (e) Company shall require persons or families applying for occupancy to state their gross income for the past 12 months. Company shall then determine whether the gross income specified by the applicant qualifies as low or me- dian income as provided by this agreement. Except as provided in Subsection (h), Company shall not permit occupancy of affordable units by persons or families certifying to a gross income 1n excess of the limits specified in this Agreement. The certifica- tion of gross income sholI be under penalty of perjury and Com- pany may rely upon the income statement in qualifying the appli- cant for occupancy. (f) Selection of the occupants of the affor- dable units shall be based on criteria that are neutral as to race, religion, sex, creed, ethnic origin, and selection shall not be based on other criteria prohibited by the Constitution or laws of the United States or the State of California or criteria .11 which would favor employees of Company or City. (g) Company shall, annually, provide City with a schedule of the rental rates, then in effect, for each of the affordable units. Company shall also provide the City, an- nually, with a copy of income certifications completed by the tenants of the affordable units that have become tenants during the proceeding year. 13 (h) Upon written request of City, submitted no more frequently than once every 12 months, Company shall re- quire persons or families who have been tenants of affordable units for a period of one year or more, to state under penalty of perjury, their gross income for the previous 12 months. Copies of the recertification certificates shall also be given to the City. Company shall not be required to terminate the tenancy of any persons or family occupying an affordable unit, unless the tenants' gross income exceeds, by more than 10%, the maximum income which would qualify the person or family to occupy the unit. 1. (9) Each affordable unit in any phase of develop- ment shall be maintained as such, and in accordance with the terms of this Agreement, from the date of initial occupancy to, and including, the tenth anniversary of that date on which 50% of the affordable units in any phase of development shall be made available for occupancy by persons or families of low income. The remainder of the affordable units (178) shall be made avail- able for occupancy by persons or families of median income; (10) Company shall have the discretion to determine the number of bedrooms in each affordable unit provided at least 50% of the affordable units shall contain two or more bedrooms. El (II) Phasing (a) Intent It is the intent of the Parties that occupancy of any portion of the additional 295,000 sq. ft. of office development in MacArthur Court should, to the extent pos- sib` Ie, proceed concurrently with t'he construction of the residen- tial units on North Ford. Company commits to use all reasonable efforts, and proceed in good faith, to satisfy and complete, at the earliest possible time, all conditions to the residential development for North Ford and, thereafter, to complete construc- tion of the residential units. (b) Basic Phasing Conditions Certificates of occupany shall be issued for the additional 295,000 sq. ft. of office development in Mac- Arthur Court authorized by this Agreement, and market rate resi- dential units authorized for North Ford, in proportion to the commencement of substantial construction of the affordable units. The term "subtantial construction" shall mean the comple- tion of foundations and substantial completion of exterior fram- ing. A Certificate of Occupancy shall be issued for 1,330 sq.ft. of office space -and 3 market rate, units upon completion of sub- stantial constructon of each affordable unit. 15 (c) Exceptions to Basic Phasing (i) The Parties recognize that, even if Company uses all reasonable efforts and proceeds in good faith, construction of the affordable units on North Ford may be delayed past the date on which a Certificate of Occupancy could otherwise be issued for' the additional 295,000 sq. ft. of office develop- ment in MacArthur Court authorized by this Agreement. One of the major factors which may cause delay is the commitment of Company to allow deposition, on the North Ford parcel, of approximately 650,000 cubic yds. of material dredged from the upper bay in conjunction with Unit1l, of the Upper Newport Bay Sedimentation Control and Restoration Project (Contract No. 2441). This mate- rial may be deposited on North Ford over a period of six to twelve months, and would be utilized by Company to surcharge a large portion of the North Ford parcel. The time necessary to remove the sediments from the upper bay -and the requirement that the dredged material remain onsite, as surcharge, for approxi- mately six months, could result in delays up to eighteen months in the construction of some or all of the residential units. Other factors which could delay construction of the affordable units on North Ford include, but are not necessarily limited to, unreasonable or unanticipated delays in the processing or receipt of governmental permits or approvals (such as Coastal Commission 10 approval and consent of the City of Irvine to the extension of University Drive); delays associated with the acquisition of right-of-way or property interests necessary to complete con- struction of circulation system improvements required by this Agreement; unreasonable or excessive delays in securing mortgage revenue bond or other tax exempt financing; delays in the finan- cing or construction of the residential units caused by litiga- tion commenced by third parties challenging either the provisions of this Agreement or the power or validity of any action by the City in approving or authorizing development rights on the par- cels subject to thisiAgreement; and acts of God or other condi- tions beyond Company's control. (ii) Notwithstanding the provisions of Subparagraph (b), upon commencement of substantial construction of 50%, or more of the affordable units, City shall issue a Cer- tificate of Occupancy for all of the additional 295,000 sq. ft. of office if, prior to issuance, Company executes an agreement (guarantee) in a form satisfactory to the City Attorney and City Manager, guaranteeing completion of afford_aW_e units withi_ n_ I8__._ months from the date,_.--t=hai--t a er i f icote of Occupancy is _is_sued. This guarantee shall also provide that, in the event that construction is delayed for any of reasons described in Subparagraph (c)(i), the deadline for completion of all afford- 17 , able units shall be extended to the extent of the delay. This guarantee shall also provide that Company, in the event it fails to complete all affordable units within 18 months, plus any addi- tional time allowed because of delays caused by the factors spe- cified in Subparagraph (c)(1), shall extend the term of afforda- bility, beyond the time specified in this Agreement, and for all low income units, for a period of 30 days for each 10 day period or fraction thereof, that construction is delayed past the dead- line (18 months plus time allowed for delays). It is the intent of the Parties that nothing in this paragraph shall relieve Com- pany of, or modify, sits obligation to provide the affordable units required by this Agreement. Oil) In the event that Company is unable to complete substantial construction of 50% or more of the affordable units, because of delays caused by the factors speci fled in Subparagraph (c)(i), prior to the date on which a Certi- ficate of 'Occupancy could otherwise be issued for some or all of the additional 295,000 sq. ft. of office development in MacArthur Court, City shall issue Certificates of Occupony for the office development if: (a) The delay was not caused by any failure of Company to deligently, and in good faith, pursue all available means to comnence and complete substantial construction of the units; and 18 (b) Company has diligently, and in good faith, commenced, and pursued to substantial completion, construction of those affordable units, the construction of which was unaffected by the factors which caused the delay. (iv) Nothing in this paragraph shall relieve Company of the obligation to comply with, satisfy, and complete, conditions on development imposed by this Agreement. Co.% CA"ii t A"Ji, I?cs, P-9 (M 4-za-V, B. Park Dedication Company shall dedicate to City a 12 +/- acre park site at or near the location depicted on Exhibit "D" (the dedication site). i (1) The dedication site shall be described as a separate parcel in the first subdivision tract map for the North Ford parcel, and an offer of dedication shall be recorded concurrently with recordation of that map. The offer of dedica tion shall be in a form satisfactory to City. (2) Company shall be responsible for: (a) Rou gx_ading the dedication site concurrently with the first phase of grading or surcharging roadways or building sites; (b) Installing roadway, and related improvements adjacent to the dedication site; and J (c) Installation of all necessary utili- ties stubbed to the boundary of the dedication site. (d) Except as provided above, Company shall have no obligation to make any improvements on or to the dedication site. (3) City shall have access to the dedication site upon acceptance of the offer of dedication; provided, how- ever, that after recordation of the subdivision map creating the dedication site as a separate parcel, Company shall grant City access upon City's acceptance of the terms and conditions attached to Company's standard form entry permit. City shall' be empowered to make improvements to the dedication sites so long as construction does not unreasonably interfere with Company's work of improving the remaihder of the North Ford parcel or making the improvements to the dedication site. Company acknowledges that City shall be entitled to use a portion of the dedication site or a public safety facility to serve the needs of the residents of North Ford and nearby areas. C. Circulation System Improvements (1) Company shall, prior to the issuance of a Certificate of Occupancy for any market rate residential unit to be constructed on North Ford, do the following: 20 (a) Dedicate 104 - 108 ft. of right-of- way for roadway purposes to allow the extension of University Drive from MacArthur Boulevard to Jamboree Road. Company shall also construct, to primary arterial standards and to a width of 84 ft., all street improvements necessary to complete the exten- sion of University Drive to Jamboree Road, including, but not necessarily limited to, modification to the traffic signals at Jamboree Road and University Drive Extended. Notwithstanding the foregoing, Company shall be entitled to the issuance of Certifi- cates of Occupancy for the 98 units to be constructed on the CDBG parcel and 290 residential units of which III are to be afford- able, under the following circumstances: (i) Company has used all reasonable means, in good faith, to secure or obtain necessary governmental approvals and/or right-of-way for the extension of University. Drive, but has been unable to do so prior to the date on which Certificates of Occupancy could otherwise be issued for some or all of the additional 295,000 sq. ft. of office development in MacArthur Court; and (ii) Company has completed the improvements required by Subparagraph 4(C)(4)(b).; and (iii) Company has completed Univer- sity Drive extended within the boundaries of the North Ford parcel. 21 (b) Construct, to major arterial stan- dards, the east side of Jamboree Road between Bison Ave.' and Eastbluff Dr. within the existing right-of-way except as provided in Subparagraph (c); 1. (c) Finish and complete the improvements commenced by J.M. Peters in cornjunction with that company's addi- tion of a southbound double left turn lane on Jamboree Road at its intersection with Bison Ave. The required improvements con- sist of paving and construction of curb and gutter along the easterly side of Jamboree, and northerly of Bison, for a distance of approximately 200 feet. (2) Prior to the issuance of a Certificate of Occupancy for the 825th dwelling unit, Company shall satisfy the following conditions: (a) A third westbound through lane shall be added to the intersection of Coast Hwy./Orange and Coast Hwy./Prospect. These improvements shall be made by City using the fees to be paid by Company pursuant to Paragraph 4(C)(5)(b). If these improvements are made by a public agency other than City, agency or private party; then City shall retain the fees, otherwise to be devoted to this improvement, and use the fees to make other roadway improvements related to the devel- opment authorized by this Agreement. 22 a (b) A third westbound lane shall be added to Pacific Coast Hwy. between MacArthur Blvd. and Bayside Dr. It is contemplated that these improvements will be made by City as a part of a construction project scheduled to begin in the fall of 1985. In the event that these improvements are not completed before the issuance of a Certificate of Occupancy for the 825th residential unit, Company shall pay a fee, the precise amount of which shall be predicated on the proportionate share of traffic generated by the development authorized by this Agree- ment. (3)1 Company shall, prior to the issuance of a Certificate of Occupancy for development in MacArthur Court, do the following: (a) Restripe, and widen if necessary, Campus Dr. to accommodate a second left turn lane (to northbound' MacArthur), on the south side of Campus Dr. at its intersection with MacArthur Blvd. (b) Prepare and execute an Agreement to dedicate to City all additional right-of-way necessary for the construction of street improvements on the MacArthur Blvd./Avo- cado Corridor, southerly of Ford Rd., as shown on the current City Master Plan of Streets and Highways. In the event that the Master Plan of Streets and Highways is amended to require street 23 1 improvements different than those shown on the Plan as of the date of this Development Agreement, Company's obligation to dedi- cate right-of-way pursuant to this Agreement shall be increased or decreased, which ever is appropriate, provided, however, the size and extent of the property to be'dedicated by Company shol•1 not, in any event, be substantially greater than that required by the Circulation Element, Master Plan of Streets and Highways in effect as of the date of this Agreement. The Agreement shall provide that City is empowered to accept all or a portion of the property offered for dedication at any time City determines that construction of some br all of the •improvements can be accom- plished through the use of fair share, or other, revenues. The Agreement shall also provide that the acceptance of only a par- tion of the property offered for dedication, shall in no way effect or invalidate the remainder of the offer. (4) Prior to the issuance of a Certificate of Occupancy for commercial development on the North Ford parcel, Company shall do the following: (a) Restripe and widen the easterly'side of MacArthur Blvd. northerly and southerly of its intersection with Bison Ave. to add a third northbound lane. The third lane shall be constructed to major arterial standards, and shall ex- tend for a length to be determined by the Public Works 24 Department, but not to exceed 1,000 ft. in either direction un- less Company consents in writing, to a greater distance; (b) Restripe, and widen, the westerly side of MacArthur Blvd.,. between Bonita Canyon Rd. and Bison to provide three travel lanes southbound; (c) In addition to the widening of MacArthur Blvd. described in the previous subparagraph, Company shall restripe, and widen the westerly side of MacArthur Blvd., both northerly and southerly of its intersection with Bison Ave. to provide an additional fourth travel lane. This improvement shall be constructed io major arterial standards and the length of the additional fourth lane shall be no more than 1,000 ft. in either direction, unless Company consents, in writing, to a greater distance. (d) All circulation system improvements required along the westerly side of MacArthur Blvd. adjacent to the comnercial parcel, shall be constructed in accordance with major arterial standards and concurrently with the construction of the Bison Ave./MacArthur'Blvd. intersection; (e) Install a traffic signal at the intersection of Bison Ave. and Camelback Dr.; and (f) Company shall reimburse J.M. Peters, Inc. for 50% of the difference of between the costs incurred by 25 J Peters in the installation of traffic signals at Bison Ave./MacArthur Blvd., and Bison Ave./Jamboree Rd., and the costs incurredby Company in the installation of the traffic signal at Bison Ave./Camelback Rd.- (5) Additional traffic related conditions: (a) Prior to the issuance of any Grading Permit for the North Ford Parcel, Company shall deposit $40,000 with City to be used to defer the costs of the construct ion of noise walls along the westerly side of Jamboree Rd., and along the southerly side of Pacific Coast Hwy. The parties acknowledge that, with the exception of the conditions imposed by this Agree- ment, the additional 295,000 sq. ft. of office development autho- rized by this Agreement, to be constructed on MacArthur Court, is exempt from any fees related to traffic, including, but not necessarily limited to, the fees required by Section 15.38 of the Newport Beach Municipal Code. r- (b) Company shall pay a fee for the commercial development and the lost �6 market rate dwelling units to be constructed on North Ford. The fee shall be paid when Building Permits are issued. The fees for,corrmercial devel- opment shall be $3-.82 per sq. ft. of net floor area. The fees for each residential unit shall be $1,103.05. Company acknow- ledges that this contribution is necessary to mitigate the signi- 26 ficant effect of the additional traffic generated by the develop- ment authorized by this Agreement. Company agrees that this fee would be required irrespective of the Fair Share Traffic Contri- bution Ordinace, and that no refund will be requested in the event that Ordinance is, for any reason, declared invalid. City agrees that Company shall not be required to pay any fees other than those provided in this Agreement and that the development authorized by this Agreement shall be exempt from any ordinance, resolution or policy, adopted subsequent to the date of this Agreement, which, if applicable to Company, would require the payment of any fee orl the construction of any improvement, be- cause of the vehicular traffic generated by any of the develop- ment authorized in this Agreement. 6. Implementation of Circulation System Improvement: Company acknowledges that. some of the roadway improvements required of Company pursuant to this Agree- ment are to be constructed on land in which neither the City nor Company has any title or interest as of the date of this Agree- ment, sufficient to allow the improvements to be constructed. In all such cases, Company agrees to negotiate, in good faith, with the property owner to secure the interest necessary to allow for construction of the improvement. In the event that company is 27 unable to acquire the property necessary to make the improvements City shall, within a reasonable period of time, commence proceedings pursuant to the provisions of Section 1230.010 et seq., of the Colifornia•Code of Civil•Procedure, to acquire suf- ficent interest in land to permit the improvements to be made, including a right to immediate possession. Company shall reim- burse City for all reasonable costs and expenses incurred in acquiring an adequate interest in the property to be improved, and Company agrees to assume any additional construction costs that may result from delays in acquiring the property. Company acknowledges that all �ffsite improvements are necessary to miti- gate environmental impacts of the development authorized in this Agreement and Company waives any rights to contest its obligation under this Agreement to complete offsite improvements including, but not necessarily limited to, the provisions of Section 66462.5 of the Goverment Code. In the event that Company is unable to acquire a property interest, or necessary governmental approvals, sufficient to enable completion of any offsite improvement, City and Company will negotiate an amendment to this Agreement that, under terms fair and equitable to both parties, will allow for occupancy of •the residential. and commercial development on North Ford and Mac Arthur Court prior to completion of the improvement. City shall, upon written request of Company, assist W J Company in obtaining any governmental approval necessary to com- plete the offsite improvements required by this Agreement. D. Prior Subdivision -Related Conditions Company is required to make certain subdivi- sion related improvements to the North Ford parcel as condition to the approval of tentative Tract Map 10019, as modified by the Stipulated Judgment entered in Orange County Superior Court Case No. 32-18-70, and the provisions of GPA 82-1. These subdivision related improvements are listed on Exhibit "E." Company agrees to complete these improvements as conditions to a recordation of subdivision tract maps for the parcel to which the condition relates, or at such earlier time as may be required by specific conditions of approval. With respect to the subdivision related improvements described in Exhibit "E," Company acknowledges that: (1) City, in imposing these conditions, was acting within the authority conferred upon it by State Subdivi- sion Map Act, the Charter of the City of Newport Beach, and the Subdivision Ordinance of the City of Newport Beach; and (2) The subdivision related improvements imposed by City regulate and control the design and improvement of the subdivision to which they relate; and (3) Each of the subdivision related improve- ments described in Exhibit "E" is necessary to meet the needs of the subdivision and/or necessary to mitigate the environmental impacts of the subdivision; and E. Future Subdivision Related Conditions Company is presently processing subdivision maps preliminary to the development of North Ford as authorized by this Agreement. City and Company agree that City may impose additional conditions on these subdivision maps subject to the limitations in Section 4C(5)(6), to ensure that the development complies with all existing City ordinances, plans, policies and regulations. City and lI Company agree that the City is empowered to modify subdivision Pelated conditions described in Exhibit "E" to ensure that the subdivision complies with current City ordi- nances, plans, policies and regulations. The power of City to impose new conditions on subdivision maps to be processed for North Ford shall be limited to the following: (1) Onsite conditions necessary to miti- gate any significant environmental impacts identified in the site's specific EIR currently in preparation for the North Ford parcel. The Parties agree that City has imposed all mitigation measures necessary or appropriate to mitigate the significant environmental impacts identified in the EIR for GPA 82-I; and (2) Conditions deemed necessary to en- sureladequate access to the subdivision; 30 (3) Onsite conditions necessary to en- . sure that the design and improvement of the subdivision is in compliance with the ordinances, plans, policies and regulations of City; and (4) Conditions that City and Company agree are necessary or appropriate. (5) In the event there is any inconsis- tency between the conditions set forth on Exhibit "E" and the conditions imposed pursuant to the provisions of this Subpara- graph, the conditions imposed pursuant to this Subparagraph shall prevail. 5. Covenants of City City agrees as follows: A. City acknowledges that Company will be investing money and planning effort in the Project in reliance upon) City's convenants contained in this Agreement and upon the enforceabialIty of this Agreement, and City agrees that Company may!reasonob.ly and justifiably rely upon City's covenants con- tain led in this Agreement and on the enforceability of this Agree- ment in so doing. .B. Standards for the development to , be constructed on the North Ford and MacArthur Court parcels shall be as presently established by the Planned Corrmunity District 31 Regulations (PC text) for the North Ford and MacArthur Court parcels (attached as Exhibits "F" and "G"). City agrees that any amendments to the PC text shall not contain provisions relative to building site area, building setbacks, building height, site coverage or parking that would unreasonably interfere with Com- pany's ability to develop the property as provided in this Agree- ment. City and Company agree that Company has satisfied its obligation to refer the proposed development in MacArthur Court to the Airport Land Use Commission. The permitted uses of pro- perty and the density or intensity of such use shall be consistent with the te�ms of this Agreement and the provisions of the various elements of the City's General Plan, the PC text and applicable zoning ordinances. The height, size and location of structures authorized by this Agreement shall be within the li- mits established by the various elements of the City's General Plan, PC text and all applicable zoning ordinances and regula- tions. . C. Except as .provided in Paragraph D, in the event that City is required to take subsequent discretionary action with respect to the development rights granted by this Agreement, City shall impose no terms, restrictions or condi- tions, including phasing requirements, that would prevent the development of North Ford or MacArthur Court for the uses, and to 32 the density or intensity, authorized by this Agreement. In the event that subsequent discretionary action is required of City, if no additional development rights (defined to mean any increase in the density or intensity of land use) are sought by Company, City shall impose no conditions, terms, restrictions or require- ments, including phasing requirements, that are in excess of, or more restrictive than those described in Paragraph 4. D. While it is understood that City may, in sub- sequent discretionary actions applicable to North Ford and Mac- Arthur Court, apply rules, regulations and policies of general application adopted af�er execution of this Agreement, City shall do so only to the extent permitted by law, and then only to the extent that such new rules, regulations and policies do not con- flict with currently existing rules, regulations and policies and this Agreement. In the event that City amends any ordinance,' rule, plan,. regulation or policy which, if in effect at the time .ram of this agreement would have reduced or minimized any of Com- pany's duties or obligations pursuant to this Agreement, then the duty or obligation of Company shall be reduced or minimized to conform with the newly amended ordinance, plan, rule, policy or regulation, provided, however, the obligation of Company to per- form the duties required of .Paragraphs 4C(5)(a) and (b), shall remain in effect notwithstanding any change or amendment to the 33 City's ordinances, plans, policies, rules or regulations. The parties acknowledge that the performance of the duties outlined in Paragraphs 4C(5)(a) and (b) is necessary to mitigate signifi- cant environmental effects resulting from the development rights granted in GPA 82-1 and this Agreement. E. If requested by Company, City agrees that it will process and, subject to compliance with the requirements of the Subdivision Map Act, approve a condominium map for each resi- dential rental component to be constructed on North Ford and that such map may be processed concurrently with other subdivision maps or discretionary approvals required preliminary to the con- struction of rental and/or for sale housing.' Company shall have the right, without further proceedings under the provisions of the State Subdivision Map Act or City ordinances enacted pursuant to the Map Act, to convert the rental housing to condominium ownership in accordance with the underlying condominium subdi- vision map upon expiration of the period of affordability set forth in Paragraph 4A(9), or upon the adoption of a rent control ordinance by City. In the event Company exercises its right to convert to condominium ownership because of the adoption of a rent control ordinance, and Company elects to sell the affordable units, such sale shall be consistent with the criteria established in Paragraph 4A(7). 34 F. City shall, pursuant to the provisions of Chapter 19.50 of the Newport Beach Municipal Code, calculate the and and the Company would be required to dedicate amount of park l to City as a condition„ to the construction of 888 dwelling credit to the units. Company shall be given park dedication extent that the twelve (12) acres to be dedicated pursuant to ark dedication that would be required this Agreement exceeds the p al Code. City under Chapter 19.50 of the Newport Beach MuniciP opportu- nity apply the park dedication credit at the earliest opp nity and at the option of Company, to reduce the in -lieu fees or offsite parkland dedicls against other residen- ation requirement tial projects of Company• ges that commitment of City acknowled G. in light Company to provi 222 ffordable units on North For exceeds the of Company's existing vested development rights, number of units that would be required pursuant to provisions of the Housing Element of the City of Newport Beach and related City City shall determine the ordinances, plans,.rules and policies. number, and allocation, of such excess affordable units at such time as approvals are granted for residential development on wned by Company, provided, however, with respect to other sites o ter North and roperties cononly known as Castaways, Newpor m Company shall be entitled to a credit of 50 affordable 35 units to reduce any affordable housing requirements that may be imposed as conditions to the approval of residential projects for those sites. H. In the event that the City issues its bonds to provide financing for construction of affordable housing in the City, City agrees that it shall not require as a condition to the loan of any proceeds of any such bond issuance to the Company, (i) that the Company provide any additional affordable units in North Ford, nor (iri) that the Company lower the rents or sales prices for any Affordable Units below limits that may be set by or under this ;4greement, nor. (iii) that the Company extend the period of any affordability requirements of this Agreement beyond the period specified in Paragraph 4A(9). I. City shall, upon request of Company, support Company's efforts to obtain tax exempt public financing or to secure governmental permits necessary to implement this Agree- ment. 6. Term The term of this Agreement shall conmence as of the date specified in- the ordinance pursuant to which the Agreement is approved and shall continue in full force and effect until the end of the period specified in Paragraph 4A(9), or if Company has not yet obtained a vested right to complete the pro- 36 ject as of that date, 15 years from the date of the Agreement, which ever occurs fater, unless otherwise extended in any writing signed by both Parties. Upon the" expiration of this Agreement, City agrees to sign and execute such instruments as may be neces- sary to ensure proper termination, and remove the obligations of Company as to matters of title with regard to the parcels involved. Notwithstanding the foregoing, if Company has not applied all• of the credits provided in Paragraphs 5F and 5G, then the rights granted to Company pursuant to that paragraph shall survive the termination of this Agreement, shall be enforceable until the 59th anniversary hereof. I 6. General Provisions. (a) This Agreement shall be governed by and interpreted in.light of the findings and provisions contained in Section 65864 et seq. of the Gov. Code, the provisions of Chapter 15.45 of the Newport Beach Municipal Code, and the purposes of this Agreement as set forth in the Recitals. (b) The parties agree that any breach of this Agreement by the Company will irreparably injure the City in its ability to provide for housing for all economic segments of the community, and that monetary damages, or any other legal remedy, would be• inadequate to remedy such a breach. Therefore, the parties agree that the City, in the event of a breach of this 37 Agreement by the Company, shall be entitled to obtain an order of the Superior Court requiring the Company to specifically perform in accordance with this Agreement, and that the City may seek interim and injunctive •relief pending the issuance of such an order. (c) The Parties further agree that any breach of this Agreement by the City will irreparably injure the Com- pany, that monetary damages, or any other legal remedy, would be r inadequate to remedy such a breach, and that therefore the equi- table remedies discussed above, shall be the preferred remedy. (d') City further agrees that, in the event of a final judgment declaring that City has materially breached this Agreement, and which breach is not remedied by a court order of specific performance inspite of Company's request for such rel- ief, Company shall be released from any obligation thereafter to hold the affordable units available for occupancy by persons or families of low or moderate income and to restrict the rents chargable for any such additional units. (e) The prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in conjunc- tion with any litigation to enforce the terms and conditions of this Agreement, or arising out of a breach of this Agreement. W. � ` v (f) The City shall annually review Company's performance of this Agreement in accordance with the procedures and requirements for consideration of development agreements adopted by the City. Each such review shall take into account the avoilablity of public financing that make the project fea- sible,'such as mortgage revenue bond issues, the Company's utili- zation of such proceeds for the project, and Company's perfor- mance of its obligations hereunder with respect to the project. t (g) It is expressly understood that this Agreement does not obligate Company to undertake construction of the project, provided!, however, if ;Company completes construction of and occupies any of the additional 295,000 square feet of office development authorized for MacArthur Court, Company shall be conmited to construct all affordable units and committed to comply with those conditions and restrictions on development applicable to the construction of the affordable units and the construction of office space in MacArthur Court. (h) All notices under this Agreement shall be given to the following representatives of the Parties at the addresses indicated below by personal service or by registered or certified United States mail, postage prepaid, return receipt requested, addressed as follows: 39 If to the City: City of Newport Beach P.O. Box 1768 Newport Beach; California 92663-3884 1. If to the Company: The Irvine Company 550 Newport Center Drive Newport Beach, California 92660-0015 Attention: Treasurer Copy: Vice;President Corrmunity Development Either Party may' change its addresses or specify another person who any notice should be directed by giving not.ice in writing to the other Party. (1) The Company may, in its discretion, asso- ciate with other entities 'in joint ventures, partnerships or otherwise *with respect to the development, construction or management of any project, and may sell the properties and assign this Agreement in whole or in part, provided however, Company's right to sell or assign any portion of the North Ford parcel shall be subject to a determination by City that the purchaser or assignee has the financial ability to perform the conditions imposed by this Agreement. 40 (j) The provisions of this Agreement shall be binding upon and inure to the benefit to the Parties and the respective successors and assigns. (k) Time is of the essence of each provision of this Agreement of which time is an element. (1) No modification, amendment or other change in this Agreement or any provision hereof shall be effec- tive for any purpose unless specifically set forth in a writing signed by duly authorized representatives of the Parties and processed as required by Gov. Code Section 65867 and 65867.5. and Section 15.45.060 of !the Newport Beach Municipal Code. (m) No waiver of any provision of this Agree- ment shall be effective unless in a writing signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought, and no waiver of any right or remedy in respect of any occurrences or event shall be deemed a waiver of any right or remedy, in respect to any other occurrence or event. Any waiver by the City shall be processed either as a variance under Chapter 20..82 of the Newport Beach Municipal Code, or as may be required by Gov. Code Section 65867 and 65867.5. (n) City and Company shall take such steps to amend the stipulated judgment covering North For as may be necessary to implement the terms of this Agreement. 41 (o) This Development Agreement may and shall be recorded against that portion of the North Ford site described in Exhibit "B" hereto, the property designated for development of the affordable units; .. (p)• The obligations of the Company described in Paragraphs 4A-E shall be, and are, subordinate to the rights of bonafide secured lenders providing construction or permanent financing for the improvements, and the rights of residential market rate purchases, and their secured lenders, in the ordinary course. (q)l Notwithstanding Subparagraph (I) above, upon identification of the parcels) on which the affordable units are to be developed, the City shall either cause this Agreement to be recorded only against such parcel(s), or if pre- viously recorded as provided in Subparagraph (I) shall upon re- quest of the Company execute a recordable quit claim or similar lien release instrument removing this Development Agreement as a matter affecting title to all other property in the North Ford site; (r) The Parties shall cooperate in good faith generally to modify the provisions of this Development Agreement and execute such further documents as may be reasonably required to accomodate any future financing the Company may obtain for the project consistent with the intent hereof. 42 1 IN WITNESS W-IEREOF, the parties have each executed this Agreement on the day first above written. THE IRVINE COMPANY By: Thomas J. Neilson President By Monica Florian V'ice President Policy Management & Entitlement CITY OF NEWPORT BEACH A Municipal Corporation By Philip R. Maurer Mayor ATTEST Wanda Raggio City Clerk APPROVED AS TO FORM Robert H. Burnham - City Attorney 43 EXHIBIT "A" MacArthur Court Legal Description: Parcels 1 and 2 as shown on a map filed in Book 120, Pages 44 and 45, and Parcel 1 as shown on a map filed in Book 68, Page 19, of Parcel Maps in the Office of the County Recorder, Zounty of Orange, California. EXHIBIT � / i.1- 1 /13 / ; 'ifs C;'. `'•-�CTOBER 19, 1984 LEGAL DESCRIPTION — NORTH FORD 1THAT PORTION OF BLOCKS 51 AND 57 OF THE IRVINE SUBDIVISION, IN 2THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, 3AS SHOWN ON THE MAP FILED IN BOOK 1, PAGE 88 OF MISCELLANEOUS 4MAPS2 RECORDS OF SAID COUNTY DESCRIBED, AS FOLLOWS: 5COMMENCING.AT THE CENTERLINE INTERSECTION OF BISON AVENUE AND 6CAMELBACK STREET AS SHOWN ON THE MAP OF TRACT NO. 6680 FILED IN ]BOOK 260, PAGES 1 THROUGH 3, INCLUSIVE, OF MISCELLANEOUS MAPS, a RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF CAMELBACK STREET N 0000'24"E, 128.58 FEET; THENCE LEAVING SAID CENTERLINE, 9 S 89059'36"E, 30.•00 FEET TO THE EASTERLY LINE OF SAID CAMELBACK 10 STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE EASTERLY 11 AND NORTHEASTERLY LINE OF;SAID CAMELBACk-iSTREET THE FOLLOWING 12 13COURSES: 1. N 0000'24"E, 596.44 FEET TO•THE BEGINNING OF A TANGENT 14 CURVE CONCAVE SOUTHWESTERLY; 15 ' 2. THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE HAVING 16 A RADIUS OF 1230 FEET, THROUGH A CENTRAL ANGLE OF 17 39059'52", AN ARC DISTANCE OF 858.65 FEET; 18 3. THENCE N 39059'28"W, 225.67 .FEET TO THE BEGINNING OF A 19 TANGENT CURVE CONCAVE SOUTHWESTERLY; 20 4. THENCE NORTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 21 1030 FEET, THROUGH A CENTRAL ANGEL OF 25026'02"2 AN ARC 22 DISTANCE OF 457.22 FEET; 23 EXHIBIT 8 Prom � e O. Gt B1.N M =9 MtWUD I►E ��!w"JCN�1�Y1A�� 0c. LANDPLANC06�1ABAG 9]►7! /'XI W Lmou vm NQE 7M . A{.A77 J 1 5. THENCE N 65025'30"W, 24.09 FEET TO THE BEGINNING OF A 2 TANGENT CURVE CONCAVE NORTHEASTERLY; 3THENCE LEAVING SAID NORTHEASTERLY LINE AND TRAVELING NORTH- 4WESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE HAVING A 5AADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00", AN 6ARC DISTANCE 125.66 FEET TO A POINT ON THE EASTERLY LINE OF 7JAMBOREE ROAD, SAID JAMBOREE.ROAD HAVING AN EASTERLY HALF WIDTH 80F 50.00 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE THE 9FOLLOWING COURSES; 10 1• N 24034'30"E, 167.07 FEET TO THE BEGINNING OF A TANGENT 11 CURVE CONCAVE WESTERLY; 12 2. THENCE NORTHERLY ALONG SAID CURVEIkAVING A RADIUS 1250 13 FEET, THROUGH A CENTRAL ANGLE OF 16"14'53", AN ARC DISTANCE 14 OF 354.48 FEET; 15 3• THENCE N 8019'37"E, 841.30 FEET TO THE BEGINNING.OF A 16 TANGENT CURVE CONCAVE SOUTHEASTERLY; 17THENCE LEAVING SAID EASTERLY LINE AND TRAVELING NORTHERLY AND 18NORTHEASTERLY ALONG SAID SAID CURVE HAVING A RADIUS OF 30.00 19FEET, THROUGH A CENTRAL ANGLE.OF 7302345", AN ARC DISTANCE OF 2038.43 FEET TO THE BEGINNING OF A REVESE CURVE CONCAVE NORTH- 21WESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A RADIUS 22OF 2152.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 238016'38"E, THROUGH A CENTRAL ANGLE OF 22"17'17", AN ARC DISTANCE M/1A /�C iSOMA S GAl 7 UNDKM"tS tl0A M/AI0/CAE " WMM ACAMM M Lypy,Afv= DHOW ?-A.}J4A73 d 3 J 1OF 837.13 FEET; THENCE N 59026'05"E, 530.41 FEET TO A POINT ON 2THE WESTERLY LINE OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA 3BY THE DEED RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL 4RECORDS; THENCE SOUTHERLY ALONG SAID WESTERLY LINE THE FOLLOWING 5COURSES; 6 1. S 16004'50"E, 562.39 FEET; 7 2. THENCE S 1043'12"W, 933.51 FEET; 8 3. THENCE S 24019'59"W, 83.56 FEET; 9 4. THENCE S 1043'12"W, 470.12 FEET; 10 5• THENCE S 1045'02"W, 539.18 FEET; 11 6. THENCE S 14047'00"W, 470.01 FEET; 12 7• THENCE S 44027.'52'?E, 231.24 FEET;; 13 TO THE WESTERLY LINE OF MACARTHUR 14 BOULEVARD, 100 FEET WIDE; 15THENCE ALONG SAID WESTERLY LINE, S 6032'23"W, 709.04 FEET;,THENCE 16LEAVING SAID WESTERLY LINE, N 83027'37"W, 18.00 FEET TO THE 17BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY; THENCE 18SOUTHERLY, AND SOUTHWESTERLY ALONG SAID CURVE HAVING A RADIUS OF 19120.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 83027'37"E, 20THROUGH A CENTRAL ANGEL OF 35040'29", AN ARC DISTANC OF 75.03 21FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHWESTERLY; 22THENCE SOUTHWESTERLY AND WESTERLY ALONG SAID CURVE HAVING A 23 0 []SOMAS O. CMOGNM IMA MLLM►D M. r�.7��.J/11y/Vy /V��Q. LAND PLANERS COW IBAG 920e ASSO KES LAw%mvwv RS *K)W M - 75L7373 L11SVUDV/ �•' `" OCTOBER 19, 1984 LEGAL DESCRIPTION NORTH FORD - LOT 9 N 1THAT PORTION OF BLOCKS 51 AND 57 OF IRVINE'S SUBDIVISION, IN THE 2CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS 3SHOWN ON THE MAP FILED IN BOOK 11 PAGE 88 OF MISCELLANEOUS MAPS, 4RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: ' $COMMENCING AT THE CENTERLINE INTERSECTION OF EASTBLUFF DRIVE AND 6JAMBOREE ROAD AS SHOWN ON THE MAP OF TRACT NO. 5018, FILED IN BOOK 186, PAGES 26 THROUGH 30, INCLUSIVE, OF MISCELLANEOUS MAPS, $RECORDS OF SAID COUNTY; THENCE ALONG THE CENTERLINE OF JAMBOREE 9ROAD N 8019'37"E, 109.19 FEET; THENCE S 8104O'23"E, 50.00 FEET TO 10THE EASTERLY LINE OF SAID JAMBOREE ROAD AND THE TRUE'POINT OF 11BEGINNING; THENCE NORTHERLY ALONG SAID EASTERLY LINE THE 12FOLLOWING COURSES; �,.:. 13 1. N 8019'37"E, 363.11 FEET TO THE BEGINNIG OF A TANGENT 14 CURVE CONCAVE WESTERLY; 15 2. THENCE NORTHERLY ALONG SAID CURVE HAVING A RADIUS OF 2466 16 FEET, THROUGH A CENTRAL ANGLE OF 14038'17", AN ARC 17 DISTANCE OF 630.02 FEET; 18 3. THENCE N 6018'40"W, 78.88 FEET TO A POINT ON THE SOUTHERLY 19 LINE OF THE ORANGE COUNTY FLOOD CONTROL DISTRICT EASEMENT, 20 390 FEET WIDE, AS DESCRIBED IN THE DOCUMENT RECORDED IN 21 BOOK 6462, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING 22 ON A CURVE CONCAVE SOUTHERLY; 23 f.. EXHIBIT C r�.T�.J1�YVy1/�7�� 0 MNIAS & CM0404M LANDHAM4RS WA ML40NDAOL W6U I.BAG 9MU /'Y7SO(:L v W IM DSMAN RS PMCP* M . AWAA 5 I J —� 1RADIUS OF 83.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 247038108"E, THROUGH A CENTRAL ANGLE OF 42055'09", AN ARC DISTANCE 30F 62.17 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE 4NORTHERLY; THENCE WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 5400.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS S 4042'59"E, 6THROUGH A CENTRAL ANGLE OF 10011`23", AN ARC DISTANCE OF 71.14 7FEET TO THE NORTHERLY LINE OF BISON AVENUE, SAID BISON AVENUE SHAVING A NORTHERLY HALF WIDTH OF 56.00 FEET; THENCE ALONG SAID 9ORRTHERLY LINE N 84031'36"W, 467.41 FEET TO THE BEGINNING OF A 10TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE LEAVING SAID 11NORTHERLY LINE AND TRAVELING WESTERLY, NORTHWESTERLY AND 12NORTHERLY ALONG SAID CURVE HAVING A RADiiUS OF 84.00 FEET, THROUGH 13A CENTRAL ANGLE OF 84032'00", AN ARC DISTANCE OF 123.93 FEET; 14THENCE N 89059'36"W, 12.00 FEET TO THE EASTERLY LINE OF CAMELBACK 15STREET AND THE POINT OF BEGINNING. 16CONTAINING 98.16 ACRES, MORE OR LESS. 17AS SHOWN ON THE TENTATIVE TRACT OF NORTH FORD, CITY OF NEWPORT 18 BEACH. 19PREPARED UNDER THE DIRECTION OF: 20 / 21� QOHN E ✓22 23 STEVENSON, RCE -DATE & aoAMAS wawawc ASSC�ATES wmoa mvm nqm* 7u.is}nn J 1THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND SAID CURVE HAVING A 2RADIUS 3805.00 FEET, A RADIAL LINE TO SAID POINT BEARS N 317047'00"W, THROUGH A CENTRAL ANGLE OF 14016'33", AN ARC DISTANCE 40F 948.06 FEET TO A POINT ON THE WESTERLY LINE OF THE LAND 5CONVEYED TO THE STATE OF CALIFORNIA BY THE DEED RECORDED IN BOOK 612289, PAGE 1726 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG SAID 7WESTERLY LINE THE FOLLOWING COURSES: 8 1. S 16004'50"E, 508.12 FEET; 9 2. THENCE N 84052'50"E, 15.28 FEET; 10 3• THENCE S 16004'50"E, 258.90 FEET; II THENCE LEAVING SAID WESTERLY LINE, S 59026'05"W, 557.28 FEET TO 12THE BEGINNING OF A TANGENT CURVE CONCAVt NORTHERLY; THENCE 13WESTERLY ALONG SAID CURVE HAVING A RADIUS OF 2048.00 FEET, 14 THROUGH A CENTRAL ANGLE OF 20053'40", AN ARC DISTANCE OF 746.86 15FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY; 16THENCE WESTERLY, NORTHWESTERLY'AND NORTHERLY ALONG SAID CURVE 17RAVING A RADIUS OF 30.00 FEET, A RADIAL LINE TO SAID POINT BEARS 18S 9040'15"E, THROUGH A CENTRAL ANGLE OF 10705952", AN ARC 19DISTANCE OF 56.55 FEET TO THE POINT OF BEGINNING. 2000NTAINING 24.45 ACRES, MORE OR LESS. 21PREPARED UNDER THE DIRECTION OF: 22 E. STEVENSON RCE 22446 ' DATE ow0ce me eomIc^MME fib IAYLNIFO COINFmmk6A wo asewa wvE tw . 7ern73 MCf I AB O. LAN ENGINEERS b n••l9.40'2v L+ 218.D4' T- 110.10' R•4Co5.0D' L• Illo.IV Ts 59.37' MU: t ..) steno. / )JOR A FZ)FD PARK •SITE TW ac �� 10.19.84 zifvosa� i I it PROPD6M ?ARM 617E 12.01 AC. r In p M r r_ p N IR. MDO' A 91045'44" L• 32.D3' T+ ZD.Co2' R• 50.00' A" 9O.55' L% T• 55 Bl' LI89'IZ' W-1 Z�o 33 7 • I 171. e EX"IeiJ 0 N h h vJ Ld d1 �1W R 3'- .I- ILL 0l0 cJ W 0 "z3 EXHIBIT E 1. That the tract map be filed. 2. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the City for approval. 3. That all improvements be constructed as required by ordinance and the Public Works Department. 4. That Section 19.16.030 of the Subdivision Ordinance be waived providing that drawings of the tract map at a scale of 1" = 100' are provided to the Public Works Department. 5. That a standard subdivision agreement and surety be provided to guarantee the satisfactory completion of public improvements if it is desired to obtain building permits or record the tract map before the public improvements are completed. 6. That the final design of onsite pedestrian and bicycle circulation improvements be reviewed and approved by the Public Works Department and the Planning Department. EXHIBIT E 7. That a traffic control plan shall be submitted to, and approved by, the City Traffic Engineer. 8. That the geometrics of any proposed access controls from Camelback Drive -be subject to review and approval by the Public Works Deparment. 9. That a 12—foot minimum width separated bicycle trail be constructed between University Drive and Bison Avenue paralleling MacArthur Boulevard. Trail design shall be approved by the Public Works Department. The structural section of the trail shall be designed to handle maintenance equipment and Southern California Edison vehicles if within the Edison easement. 10. That vehicular access rights to Jamboree Road, University Drive extended, MacArthur Boulevard and Bison Avenue be relinquished to the City. 11. That bus turnouts shall be provided at locations to be determined by the Public Works Department along Bison Avenue between Camelback and Eastbluff. 12. That a settlement monitoring system be installed along Jamboree Road between University Drive extended and Camelback prior to commencement of grading. This system shall be monitored for 1 1/2 2 1 M years after completion of grading. Differential settlement affecting the roadway or utilities shall be repaired by the developer to the satisfaction of the Public Works Department. 13. That permanent utilities (water, sewer and storm drain) are not to be installed until the predicted settlement has been verified by soils engineer and certified to have taken place to the extent that the utilities will not have differential settlement problems. 14. That a Water Capital Improvement Acreage Fee be paid. 15. That storage capacity in San Joaquin Reservoir equal to one maximum day's demand be dedicated to the City of Newport Beach. 16. That a hydrology and hydraulic study for the site be reviewed and approved by the Public Works Department prior to recordation of the tract map. Any modificatons to the existing storm drain system or extensions shown to be required by the study shall be the responsibility of the developer. 17. That easements for public facilities be shown on the tract map. 3 I.` M 18. That the location of fire hydrants be reviewd and approved by the Fire Department and Public Works Department. 19. That all—weather vehicular access be provided to each of the storm drain and sewer inlets and manholes that are not immediately adjacent to a paved roadway. 20. That a master plan of water, sewer and storm drain facilities be prepared and approved prior to recording of final map(s). 21. That the location , width, and configuration of the public utility easements be subject to further review and approval by the Public Works Department prior to recording any final map(s). 22. A landscape and irrigation plan for the project shall be prepared by a licensed lanscape architect. The landscape plan shall integrate the installation of landscaping with the proposed construction schedule. (Prior to the occupancy of any buildings, the licensed landscape architect shall certify to the Planning Department that the landscaping has been installed in accordance with the prepared plan). 4 23. The landscape plan shall be subject to the review of the Parks, Beaches and Recreation Department and approval of the Planning Department. 24. The landscape plan shall include a maintenance program which controls the use of fertilizers and pesticides. 25. The landscape plan shall place heavy emphasis on the use of drought -resistant naive vegetation. 26. That adequate sight distance be maintained at all intersections by the design of a limited use area. 27. Development of the site will be subject to a grading pemit to be approved by the Building Department. Surface and subsurface drainage shall be provided to the satisfaction of the Building Department and the Public Works Department. 28. That the grading plan shall include a complete plan for temporary and permanent drainage facilities to minimaize any potential impacts from silt, debris, and other water pollutants. 29. Provisions should be made to carry concentrated water in improved drainage devices. 30. Water should not be allowed to drain over any slopes. 5 31. Siltation basins should be provided prior to discharging. 32. Offsite drainage onto this site should be provided for in this plan. 33. The contact between terrace materials and bedrock should be established, the existing groundwater regimen investigated and the effects of the. proposed development on this system established prior to issuance of a grading permit. Mitigation measures shall be required as a condition of permit issuance if required. 34. An erosion and dust control plan shall be submitted `—� wih the grading permit application and be subject to the approval of the Building Department. 35. That an erosion and siltation control plan be approved by the California Regional Water Quality Board — Santa Ana Region, and that the plan be submitted to said Board ten days prior to any construction activities. 36. That erosion control measures shall be done do any exposed slopes within thirty days after grading or as approved by the Grading Erigineer to reduce erosion potential. rl 37. That the applicant provide for weekly vacuum sweeping of all surface parking areas within commercial development. 38. That grading shall be conducted in accordance with plans prepared by a Civil Engineer and based on recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Permanent reproducible copies of the "Approved as Built" grading plans on standard size sheets shall be furnished to the Building Department. 11�' 39. That the following measures as identified in the draft EIR shall be incorporated as a portion of the Grading Plan or 'other measures as approved or required by the City's'Grading Engineer: (a) Prior to the start of grading, all vegetation and trash should be removed from cut and fill areas and the disposition approved by the soils engineer. (b) Any abandoned utility lines or other underground structures should be removed, destroyed, or abandoned in compliance with 7 specifications of the building official and recommendations of the soils engineer. Concrete or tile irrigation lines may be removed or crushed in place at the discretion of the soils engineer. (c) Existing uncertified or uncompacted fills should be excavated and objectionable material removed. If approved by the soils engineer, the soil can be replaced as compacted fill. (d) The ground surface beneath all proposed fill areas should be stripped of loose or unsatisfactory soil or alluvium if it exceeds about 8 inches in depth. This condition exists in the drainage channel and areas of recent deposition of eroded sand. These soils may be used as compacted fill provided they are free of deleterious materials. The resulting surface should be approved by the soils engineer prior to processing the natural ground. (e) The resulting clean, natural ground surface should be scarified, brought to about optimum moisture content, and compacted to a minimum 8 RMA of 90 percent relative completion for a depth of 6 inches below the existing or stripped surface. (f) Where composite slopes (i.e., fill over cut) are to be constructed, the cut portion should be made first and approved by the soils engineer before the fill is placed. (g) Where unbuttressed fill is to be placed on slopes steeper than 5:1 , essentially level, equipment —width benches should first -be cut into bedrock or other competent material approved by the soils engineer and engineering geologist. This may require a key or toe bench at the toe of the fill. Where the fill is buttressed, as in the case of fill across a drainage channel, smaller benches or notches should be but into competent material so that a good bond is provided. (h) Fill should consist of approved earth material free of trash or debris, roots, vegetation, or other deleterious matter. (i) Fill should be spread in thin lifts, brought to approximaite moisture content, and compacted PI to at least 90 percent of maximum density. Maximum density will be determined by ASTM Test Method D1557-70. Fill in drainage channels over 3'feet in depth should be compacted to at least 93 percent of maximum density. (j) Fill slopes should be compacted to 90 percent of maximum density to the face of the slope. This can be achieved by (a) backrolling with a sheepsfoot every 3 feet as the fill is brought up, or (b) overfilling the slope and cutting back to the compacted fill core. (k) All trench backfills except for the bedding and 6 inches of cover should be compacted to 90 percent of maximum density. (1) To reduce settlement form loads of the weight and bearing proposed, it is recommended by the soils engineer that Lots 7 and 8 and the northern portion of Lot 10 be provided with an uncompacted surcharge fill placed above the final design grade and later removed. (m) Settlement readings for all fill areas should be monitored and recorded as specified in the 10 soils investigaton. Additionally, similar monitoring of the adjoining Jamboree roadbed should also be included. (n) If, prior to issuance of a grading permit, the question of groundwater migration has not been sufficiently addressed to the satisfaction of the City's grading engineer, a detailed subsurface geotechnical investigation will be performed as prescribed by the Building. Director and Public Works Director. 40. That the project .landscape plan will demonstrate that the project landscaping shall be irrigated via �1' a drip irrigation system, or other measures as approved by the Parks, Beaches and Recreation and Planning Departments. 41. That construction and grading activities be done in accordance with the restricton on hours as delineated in the existing Newport Beach codes. 42. That noise generated from rooftop mechanical equipment shall not exceed 45 dBA when measured at the boundary of the project or any residential property line. That prior to the issuance of any building permits the aforementioned shall be 11 OMM demonstrated to the satisfaction of the community Development Department by a licensed Acoustical Engineer. 43. That applicants shall work with the Planning, Utilities and Public Works Directors to formulate a water conservation program which will enable all of the project components to reduce water consumption below normal 'rates. 44. That should any resources be uncovered during construction,, that a qualified archaeologist or It- paleontologist evaluate the site prior to VaA completion of constru'ction activities, and that all - work on site be done in accordance with the City's Council Policies K-5 and K-6. Prior to inception of grading activities in the northern portion of the site, a backhoe trench shall be excavated under the supervision of a qualified paleontologist so that fossil —bearing strate may be defined and mapped. If additional resources are discovered, the paleontologist will be empowered to temporarily halt grading in the immediate vicinity to facilitate irretreivable fossilized resources. 12 ORM 46. Direct access from internal streets within 200 feet of Camelback Street and University Drive extended, shall be prohibited, unless otherwise approved by the City Traffic Engineer. 47. Prior to the issuance of any building permits fo the site, the applicants shall demonstrate to the satisfaction of the Public Works Department and Planning Department that adequate sewer facilities will be available for the project. Such demonstration shall include verification from Irvine Ranch Water District. 48. Prior to the recordation of the Final Tract Map, �-� the City's Engineering Geologist shall review and approve geologic studies for the site that shall include determination of the Terrace Deposits - Bedrock and groundwater conduction through the site. 49. That final design of the project provides for the incorporation of water -saving devices for project lavatories and other water -using facilities. 50. The following disclosure statement of the City of Newport Beach's policy regarding the Orange County Airport shall be included in all leases or sub- 13 leases for space in the project and shall be included in any Covenants, Conditions and Restrictions which may be recorded against the property. Disclosure Statement (a) The Orange County Airport may not be able to provide adequate air service for business establishments which rely on such service; (b) When an alternate air facility is available, a complete phase but of jet service may occur at the Orange County Airport; (c) The City of Newport Beach may continue to oppose additional commercial air service expansions at the Orange County Airport; (d) Lessee, his heirs, successors and assigns, will not actively oppose any action taken by the City of Newport Beach to phase out or limit jet air service at the Orange County Airport. 51. That the project shall comply with the Uniform Building Code - 1982 Edition. 14 I \� ME 52. That tentative tract boundary along Bison Avenue shall coincide with that on parcel map filed with Resubdivision 629. 53. That an 8 foot wide sidewalk be constructed on the easterly side of Camelback Street between Bison Avenue and the street shown on Tract Map No. 10019 as "B" Street. 54. That an 8 foot sidewalk be constructed on internal streets as required by the'Public Works Department. 15 5 � \ (EXHIBIT "F") THE IRVINE COMPANY NORTH FORD/SAN DIEGO CREEK CITY OF NEWPORT BEACH OCTOBER 1983 PLANNED COMMUNITY DISTRICT REGULATIONS IM��r ' EXHIBIT F GRD138 TABLE OF CONTENTS Page INTRODUCTION I SECTION I STATISTICAL ANALYSIS 2 3 SECTION H GENERAL NOTES 4 SECTION III DEFINITIONS 6 SECTION IV LIGHT INDUSTRY, AREA 1 6 Subsection A Intent 6 Subsection B Permitted Uses 7 Subsection C Building Site Area 7 Subsection D Building Setbacks 8 Subsection E Site Coverage 8 Subsection F Building Height 8 Subsection G Signs 9 Subsection H Sign Standards 10 Subsection I Parking 10 Subsection J Landscaping 12 Subsection K Loading Areas 12 Subsection L Storage Areas 12 Subsection M Refuse Collection Areas 12 Subsection N Telephone and Electrical Service 13 Subsection O Sidewalks 13 Subsection P SECTION V Nuisances LIGHT INDUSTRY, BUSINESS AND PROFESSIONAL, AND COMMERCIAL, AREA 2 14 Subsection A Intent 14 14 Subsection B Permitted Uses 14 Subsection C Building Site Area 15 Subsection D Setbacks 15 Subsection E Site Coverage 15 Subsection F Building Height 15 Subsection G Signs 16 Subsection H Sign Standards 17 Subsection I Parking 17 Subsection J Landscaping 19 Subsection K Loading Areas 19 Subsection L Storage Areas 19 Subsection M Refuse Collection Areas 19 Subsection N Telephone and Electrical Service Subsection O Sidewalks 19 20 Subsection P Nuisances 21 SECTION VI COMMERCIAL, AREA 3 21 Subsection A Intent 21 Subsection B Permitted Uses 21 Subsection C Building Site Area 21 Subsection D Setbacks 22 Subsection E Signs 23 Subsection F Building Height 23 Subsection G Sign Standards W GRD138 J Page SECTION VI (continued) 23 Subsection H Parking 23 Subsection I Landscaping 25 Subsection J Loading Areas 25 Subsection K Storage Areas 25 Subsection L Refuse Collection Areas 25 Subsection, M Telephone and Electrical Service 25 Subsection N Pedestrian Access SERVICE STATION DEVELOPMENT STANDARDS 26 SECTION VII 26 Subsection A Setbacks 26 Subsection B Minimum Building Site Area 26 Subsection C Signs 27 Subsection D Sign Standards 27 Subsection E Parking 27 Subsection F Landscaping 28 Subsection G Screening 28 Subsection H Refuse Collection Areas 29 SECTION VIII OFFICE, AREA 4 29 Subsection A Intent 29 Subsection B Permitted Uses 29 Subsection C Building Height 30 SECTION IX RESIDENTIAL - AREA 5 30 Subsection A Intent 30 Subsection B Permitted Uses 31 SECTION X PARK, AREA 6 32 SECTION XI SIGNS GRD138 ^^ !! 'X1 1./ INTRODUCTION The North Ford PC (Planned Community) District of the City of Newport Beach is a part of the Irvine Industrial Community originally developed in conjunction with the Irvine Ranch Southern Sector General Land Use Plan which was approved by the Orange County Planning Commission and the Orange County Board of Supervisors. The purpose of this Planned Community District is to provide a method whereby property may be classified and developed for light industrial uses, compatible commercial activity, professional and business offices, residential units, and park and recreation uses. It is the purpose of this district to reserve a fire station site in this area. The specifications of this district are intended to provide flexibility for both the land use and development standards in planned building groups. This PC district also provides a statistical core consistent with the City of Newport Beach General Plan upon which detailed development plans may be prepared. The provisions of this Ordinance, notwithstanding all applicable requirements• of the City of Newport Beach Zoning Code, shall apply. For the residential area (Area No. 5) and the San Diego Creek South parcel (Area No. 4), this text shall serve as core PC 'text delineating the primary development constraints on the parcel. Prior to any further discretionary actions for this site, amendments to this district shall be required to establish specific site design criteria including, but not limited to, building setbacks, building heights, parking requirements, grading, land- scaping, and street and circulation requirements. -1- GRD138 / 0� 00 i 0 se ro�o .fir ® LIGHT INDUSTRIAL -Office �IIIIIII�II 'LIGHT INDUSTRIAL „r -Office-CommJInd. EM COMMERCIAL woo SPECIAL LANDSCAPED STREET AND AREAS OFFICE CITY OF IRVINE �0ad Osoo RESIDENTIAL v = PARK NORTH FORMAN DIEGO CREEK PLANNED COMMUNITY NORTH LAND USE .PLAN November ,1983 1� SECTION I. STATISTICAL ANALYSIS North Ford Additional Additional Gross Allowable Allowable Type Area Acres Sq. Ft. DU's Light industry -Office 1 16.7 -0- -0- LightIndustry-Office- 2 25.5 -0- -0- Commercial/Industrial Commercial 3 5.0 50,000 -0- Office 4 22.0 Undetermined -0- Residential 5 79.0 -0- 889 Park and Recreation 6 12.0 -0- -0- GRAND TOTAL The above statistics are based on gross acreage and do not account for buildable area. The analysis also indicates only additional allowable development (square feet or DU's). Existing developed areas are assumed to be built out by Planned Community Amendmen 514. In Areas 1 and 2, new development may replace existing development so long as no square feet are added. (It may be assumed that Areas 1 and 2 will be the subject of future PC District Amendments as redevelopment occurs.) -2- GRD138 SECTION H. GENERAL NOTES 1. Grading outside an area submitted under the Planned Development Ordinance but within the Planned Community area will be permitted upon the securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach Water Department. 3. Sewage disposal facilities within the Planned Community will be provided by Irvine Ranch Water District, Sewer Improvement District No. 1. 4. The subject property is within the University Park Drainage Master Plan area. There are no drainage fees associated with the development of this property. The developer will provide the necessary flood protection facilities- under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Commu- nity in a manner meeting the approval of the Director of Planning. 6. Prior to the installation of the landscaping on the streets indicated, the developer or lessee shall provide for the continued maintenance, either by an"agreement with the City Public Works Department or through a county service area. 7. Except as otherwise stated in this ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of the Planned Community district except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 8. All landscaping along street rights -of -way shall be installed in accordance with a landscape plan certified by a licensed landscape architect, subject to the review and approval of the Director of Parks, Beaches and Recreation. 9. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view from adjacent public streets and buildings in a manner meeting the approval of the Director of Planning. 10. Prior to the issuance of grading permits on the northerly sector of Area 4, the boundary, nature and extent of the archaeological site shall be established and protective steps shall be taken as warranted. 11. Park dedication as required for residential uses shall be in accordance with the Park Dedication Ordinance. 12. All development in Areas 3, 49 5 and 6 and Block C of Koll Center Newport shall be subject to the approval of a development agreement between the City of Newport Beach and The Irvine Company. 13. A site for a fire station shall be reserved. -3- GRD138 SECTION III. DEFINITIONS Advertising Surface The total area of the face of the structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Building Site Area The total land area of the land described in the use or other permit. Buildable Acreage 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. Cluster Unit Development 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 more desirable arrangements of open space and where the individual sites may have less area than the required minimum for the district but the density of the overall development meets the required standard. Conventional Subdivision 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 minimum 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. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. Side and Front of Corner Lots For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which structures face. Special Landscaped Streets and Areas Special landscaped streets are designated as such on the development plan, and further defined as the Corona del Mar Freeway; Jamboree Boulevard, Eastbluff Drive; University Drive and adjacent to the proposed park and San Diego Creek channel. -4- GRD138 OM Streets - Dedicated and Private - in Nonresidential Areas Reference to all streets or rights -of -way within this ordinance shall mean dedicate vehicular rights -of -way. In the case of private or nondedicated streets, a minimum setback from the right-of-way line of said streets of ten (10) feet shall be required for all structures. Except for sidewalks or access drives, this area shall be landscaped according to the setback area standards from dedicated streets contained herein. -5- GRD138 q SECTION IV. LIGHT INDUSTRY, AREA 1 A. Intent It is the intent of this district to permit the location of light industrial uses provided such uses are confined within a building or buildings, or do not contribute excessive noise, dust, smoke, or vibration to the surrounding environment nor contain a high hazard potential due to the nature of the products, material or processes involved. Minor ancillary activities associated with the above permitted industrial uses may be located outside a structure provided screening requirements as set forth in this document are observed. Any activity which could be classified as retail commercial other than office uses shall be restricted to activities strictly accessory and/or supplementary to the industrial community. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted. 1. Uses primarily engaged in research activities including, but not limited to, research laboratories and facilities, developmental laboratories and facilities, and compatible light manufacturing similar to the following list of examples. Bio-Chemical Film and Photography Chemical Medical or Dental Development Facilities for Metalurgy national welfare on land, Pharmaceutical sea and air X-Ray 2. Manufacture, research assembly, testing and repair of components, devices, equipment and systems, parts and components such as, but not limited to, the following list of examples: Coils, tubes, semi -conductors Communication, navigation control, transmission and reception equipment, control equipment and systems, guidance equipment and systems Data processing equipment and systems Glass edging, beveling and silvering Graphics and art equipment Metering instruments Optical devices, equipment and systems Phonographs, audio units, radio equipment and television equipment Photographic equipment Radar, infra -red and ultra -violet equipment and systems Scientific and mechanical instruments Testing equipment -6- GRD138 3. Offices, limited as follows: Area 1 - Administrative, professional and business offices 4. Industry regional or home offices which are limited to a single use and acces- sory to any of the above industrial developments. 5. Blueprinting, photostating, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial service is associated with said uses. 6. Cafeteria, cafe, restaurant or auditorium associated with and incidental to any of the foregoing uses. 7. Service stations will be permitted subject to the development standards contained in this Ordinance, Section VII. 8. Agriculture, as a continuation of the existing land use, and all necessary structures and appurtenances shall be permitted. C. Building Site Area One (1) acre minimum. D. Building Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the ultimate right-of- way line of the frontage street. 1. Front Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens may project six (6) feet into the setback area. 2. Side Yard Setback Ten (10) feet, except that unsupported roofs or sunscreens may project three (3) feet into the setback area. In the case of a corner lot, the streetside setbacks shall be thirty (30) feet, except that unsupported roofs and sunscreens may project six (6) feet into the setback area. Interior lot lines for a corner lot shall be considered side lot lines. 3. Rear Yard Setback No rear yard setback is required. WA GRD138 i E. Site Coverage Maximum building coverage of 50 percent is allowed. Parking structures shall not be calculated as building area; however, said structures shall be used only for the parking of company vehicles, employee's vehicles, or vehicles belonging to persons visiting the subject firm. F. Building Height All buildings and appurtenant structures shall be limited to a maximum height of fifty (50) feet. G. Signs 1. Identification Sign Area Only one (1) single -faced or double-faced sign shall be permitted per street frontage per site. No sign or combination of signs shall exceed one (1) square foot in area for each 600 square feet of total site area. However, no sign shall exceed 200 square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site. This sign shall identify either the major tenant or the name of the building complex. a. Identification Ground Sign All identification ground signs shall not exceed four (4) feet above grade in vertical height. Also, such ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line of any streetside setback area. However, the above standards shall not apply to the Multi -Tenant Directory Sign, the Special Purpose Sign, nor the signs listed in the Sign Appendix of this Ordinance. b. Identification Wall Sign Identification Wall Signs shall not comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs; signs painted directly on the surface of the wall shall not be permitted. In the instance of a multiple tenancy building, each individual tenant may have a wall sign over the entrance to identify the tenant. Said sign shall give only the name of the company and shall be limited to one (1) foot in height. Additionally, one sign per tenant may be affixed to the wall which faces the parking lot of the subject building. Said sign shall give only the name of the tenant and shall be limited to four (4) inch high letters. 10 GRD138 2. Multi -Tenant Directory Si One (1) directory sign listing only the names of the on -site firms or businesses will be allowed per site. Said sign shall be located even with or in back of the required building setback line and shall be located in the parking area or on any access drive to the parking area. This sign shall be limited to a maximum height of four (4) feet and a length of eight (8) feet and may be double-faced. This sign shall be in addition to identification signs allowed by Subsection G, Paragraph 1 above. 3. Real Estate Sign Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be of a ground type sign. 4. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) in area and shall be permitted in addition to the other signs listed in this section. 5. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained' in said appendix. � H. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. All signs attached to the building shall be flush mounted. I. Parkin Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Parking shall be provided for each building or development in accordance with the requirements set forth below based on the proportion of each type of use to the total building site. GRD138 .1 Required off-street parking shall be provided on subject site or on a contiguous site or within 300 feet of the subject site. Where parking' is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and _. filed with the Planning Department and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. The following guide shall be used to determine parking requirements. Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each 1,000 square feet of gross floor area. Warehouse Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each 1,000 square feet of gross floor area for the Mst 20,000 square feet; one (1) space for each 2,000 square feet of gross floor area for the second 20,000 square feet; one (1) space for each 4,000 square feet of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building. The number of employees for number of employees present than one (1) shift, sufficient necessity for on -street parking. J. Landscaping parking purposes shall be determined by the largest on the site at one time. In the event there is more parking must be provided on -site to preclude the As a portion of the total landscaping scheme, certain streets and areas have been designated as "Special Landscaped Streets and Areas." Landscape treatment along the frontages of said streets requires special consideration and therefore is referred to under separate sections in the following landscaping standards. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. -10- GRD138 11 1 b. Special Landscaped Streets and Areas (as shown on the Land Use Plan) The entire area between the curb and ,the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10)feet in back of the front property line shall be landscaped except for any driveway in said area. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one-half (2-1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 2. Side and Rear Yard Setback Areas a. General Statement All unpaved areas not utilized for parking and storage, or designated undeveloped areas, shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be landscaped in such a manner as to interrupt or screen said areas from view from access streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs and/or trees. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one-half (2-1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. -11- GRD 138 J 4. Slope Banks All slope banks greater than 5:1 or 6 feet in vertical height and adjacent to public right-of-way shall be stabilized, planted and irrigated in accordance with the plans submitted to and approved by the Planning Director. K. Loading Areas No loading shall be allowed which is visible from adjacent streets. 2. On other than special landscaped streets, streetside loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right-of-way line, or one hundred ten (110) feet from the street center- line, whichever is greater. Said loading area must be screened from view from adjacent streets. L. Storage Areas 1. All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. - 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. M. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property by a complete opaque screen. 2. No refuse collection areas shall be permitted between a frontage street and the building line. N. Telephone and Electrical Service All "on -site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. O. Sidewalks The requirement for sidewalks in the PC district may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City retains the right to require installation of sidewalks, if in the 'future a need is established by the City. -12- GRD138 P. Nuisances No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro-mechanical disturbance and radiation, electro-magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. -13- GRD138 e-A M SECTION V. LIGHT INDUSTRY, BUSINESS AND PROFESSIONAL, AND COMMERCIAL, A. Intent It is the intent of this district to permit the location of a combination of light industrial uses, business and professional office uses, and commercial -industrial uses engaged in the sales of products and services relating to and supporting the devel- opment plan, provided such uses are confined within a building or buildings, and do not contribute excess noise, dust, smoke, or vibration to the surrounding environ- ment nor contain a high hazard potential due to the nature of the products, material or processes involved. Ancillary activities, i.e., vehicle and bulk storage, associated with the above permitted uses may be located outside a structure provided screening requirements as set forth in this document are observed. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted: 1. Commercial -Industrial Uses primarily engaged in commercial activities that involve on -site production, assembly, repair, maintenance, etc., of the products related to the service rendered, such as, but not following list of examples: a. Appliance sales, rental, repair b. Furniture sales, rental, repair c. Locksmith d. Plumbing shop e. Carpet sales and cleaning f. Drapery sales and cleaning g. Home improvement centers h. Equipment rental centers i. Wholesale -retail food distributors j. Nursery and garden stores 2. Public and Quasi -Public Uses some degree of product sold or limited to, the a. Post office b. Public and quasi -public utility business office and related service facilities c. Utility substation d. Service and maintenance facilities C. Building Site Area Twenty thousand (20,000) square feet minimum. -14- Ai GRD138 N� D. Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the ultimate right-of- way line of the frontage street. 1. Street Frontage Yard Setback Thirty (30). feet minimum, except that unsupportr i roofs or sunscreens may project six (6) feet into the setback area. 2. Interior Side Yard Setback Ten (10) feet, except that unsupported roofs and sunscreens may project three (3) feet into the setback area. 3. Rear Yard Setback No minimum. E. Site Coverage Maximum building coverage of 50 percent is allowed. Parking structures shall not be calculated as building area; however, said structures shall be used only for the parking of company vehicles, employee vehicles, or vehicles belonging to persons visiting the subject firm or utility. F. Building Height All buildings and appurtenant structures shall be limited to a maximum height of thirty-two (32) feet. G. Signs 1. Sign Area - General Standard Only one (1) single or double-faced identification sign shall be permitted on the building per street frontage for each individual business. No sign shall exceed an area equal to one and one-half (1-1/2) square feet of sign for each one (1)foot of lineal frontage of the building or store. However, no sign shall exceed 200 square feet in area per face. 2. Wall Sign In no event shall an identification sign placed on a wall comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. -15- GRD138 I/ 3. Ground Sign �- An identification ground sign shall not exceed four (4) feet above grade it( - vertical height. Also, ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any streetside setback. However, the above standards shall not ' apply to the signs listed in Section VMI Signs, of this Ordinance. 4. Multi -Tenant Directory Sign One (1) directory sign listing only the names of the on -site firms or businesses will be allowed per site. Said sign shall be located even with or in back of the required building setback line and shall be located in the parking area or on any access drive to the parking area. This sign shall be limited to a maximum height of four (4) feet and a length of eight (8) feet and may be double-faced. This sign shall be in addition to identification signs allowed by Subsection G, Paragraph 1 above. 5. Real Estate Sign Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be on a ground type sign. 6. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face) it 4 area and shall be permitted in addition to the other signs listed in this section. 7. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. H. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Business signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. 4. All signs attached to the building shall be flush mounted on and parallel to the wall to which it is mounted. -16- GRD138 VV I. J Parkin Adequate off-street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on -street parking. Parking shall be provided for each building or development in accordance with the requirements set forth below based on the proportion of each type of use to the total building site. Required off-street parking shall be provided on the site of the use served, or on a contiguous site or within 300 feet of the subject site. Where parking is provided on other than the site concerned, a recorded document shall be approved by the City Attorney and filed with the Planning Department and signed by the owners of the alternate site stipulating to the permanent reservation of use of the site for said parking. Office One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each 1,000 square feet of gross floor area. Warehouse Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each 1,000 square feet of gross floor area for the first 20,000 square feet of gross floor area for the second 20,000 square feet; one (1) space for each 4,000 s uare feet of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building. The number of employees for parking purposes shall be determined by the largest number of employees present on the site at one time. in the event there is more than one (1) shift, sufficient parking must be provided on -site to preclude the necessity for on -street parking at all hours of the day including work shift overlaps. Landscaping As a portion of the total landscaping scheme, certain streets and areas have been designated as "Special Landscaped Streets and Areas." Landscape treatment along the frontages of said streets requires special consideration and therefore is referred to under separate sections in the following landscaping standards. Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. -17- GRD138 10 All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Street Frontage Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Streets and Areas The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. e. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped except for any driveway in said area. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one-half (2-1/2) feet within the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. u 2. Side and Rear Yard Setbacks a. General Statement All unpaved areas not utilized for parking and storage, or designated undeveloped areas, shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Areas Subject to Future Development Areas subject to future development shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be landscaped in such a manner as to interrupt or screen said areas from view from access streets, freeways, and adjacent properties. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs'and/or trees. d. Intersections Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than two and one-half (2-1/2) feet within -18- GRD138 ' qo a N ✓ the triangle bounded by a line drawn between points thirty-five (35) feet distance from the intersection of the right-of-way lines prolonged. 3. Parking Areas Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. 4. Slope Banks All slope banks greater than 5:1 or 6 feet in vertical height and adjacent to public right-of-way shall be stabilized, planted and irrigated in accordance with the plans submitted to and approved by the Planning Director. K. Loading Areas 1. No loading shall be allowed which is visible from adjacent streets. 2. On other than special landscaped streets, streetside loading shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right-of-way line, or one hundred ten (110) feet from the street center- line, whichever is greater. Said loading area must be screened from view from adjacent streets. L. Storage Areas 1. All outdoor storage shall be visually screened from access streets, freeways and �-- adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. M. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened streets, freeways and adjacent property by a complete opaque screen. access 2. No refuse collection areas shall be permitted between a frontage street and the building line. N. Telephone and Electrical Service All "on -site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. -19- GRD138 qI J .J O. Sidewalks The requirement for sidewalks in the PC (Planned Community) district may be waived by the Planning Director if it is demonstrated that such facilities are not needed. However, the City retains the right to require installation of sidewalks, if in the future a need is established by the City. P. Nuisances No portion of the property shall be used in such a manner as to create a nuisance to adjacent sites, such as but not limited to vibration, sound, electro-mechanical disturbance and radiation, electro-magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter. 9 I -20- GRD138 q2 SECTION VI. COMMERCIAL, AREA 3 A. Intent The intent of this district is to allow the location of light general commercial activities engaged'in the sale of products to the general public. Said activities shall be contained within a building or buildings and shall not contribute excessive lzardust, potential duet the nature of thigh he products, material or processesinvol involved. had B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitted: 1. Retail sales and service of a convenience nature. 2. Restaurants, including outdoor, drive-in or take-out restaurants shall be subject to the securing of a use permit in each case. 3. Fire, police and other similar state, county and municipal facilities. A. Service stations subject to the development standards contained in this Ordinance, Section VII. C. Building Site Area Two thousand (21000) square feet minimum. D. Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the adopted right-of- way of the frontage street. 1. Street Frontage Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens may project six (6) feet into the setback area. 2. Interior Side Yard Side yard setbacks will be required only when subject property abuts other than commercially zoned property. A ten (10) foot setback is required in such cases. Unsupported roofs and sunscreens may project three (3) feet into the setback area. 3. Rear Yard None required. -21- GRD138 o �J E. Signs 11__� 1. Identification Sign Area - General Standard Only one (1) single or double-faced identification sign shall be permitted per street frontage for each individual business. No sign shall exceed an area equal to one and one-half (1-1/2) square feet of sign for each one (1) foot of lineal frontage of the building or store. However, no sign shall exceed 200 square feet in area per face. a. Identification Ground Sign An identification ground sign shall not exceed four (4) feet above grade in vertical height. Also, ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any streetside setback. However, the above standards shall not apply to the Multi -Tenant Directory sign or the allowed signs listed in the Sign Appendix of this Ordinance. b. Identification Wall Sign In no event shall an identification sign placed on a wall comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. 2. Restaurant Pole Sign One (1) identification pole sign per site will be allowed. If a pole sign is utilized, it shall be in lieu of other identification signs allowed by E. 1. a. and b. above. Pole signs shall be limited to a maximum height of twenty (2'0) feet and a maximum area of fifty (50) square feet per face, double- faced. 3. Multi -Tenant Directory Sign One (1) directory sign listing only the name of the firms or businesses on a site shall be allowed. Said sign shall be limited to a maximum height of twenty (20) feet. Panels identifying each 'individual store shall be no larger than one (1) foot in height and five (5)feet in length. 4. Real Estate Sign Said sign shall not exceed a maximum area of thirty-two (32) square feet and shall be of a ground type sign. 5. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six (6) square feet (single face)in v area and shall be permitted in addition to the other signs listed in this section. -22- GRD138 w 6. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. F. Building Height All building appurtenant structures shall be limited to a maximum height of thirty- two (32) feet. G. Sign Standards i. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A Wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. All signs attached to the building shall be flush mounted. H. Parkin 1. Restaurants Parking shall be in accordance with Section 20.38.030(d) of the Newport Beach Municipal Code. 2. Outdoor, Drive-in and Take -Out Restaurants Parking shall be in accordance with Section 20.63.060 of the Newport Beach Municipal Code. 3. Commercial One (1) space for each 250 square feet of gross floor area. One (1) loading space for each 10,000 square feet of gross floor area. I. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape archi- tect, licensed landscaping contractor, or architect shall be submitted to and approved by the Director of Parks, Beaches, and Recreation prior to the issuance of a building permit and installed prior to the issuance of a Certificate of Occupancy. -23- GRD138 All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1. Front Yard Setback Area a. General Statement Landscaping in these areas shall consist of an effective combination of street trees, trees, ground cover and shrubbery. b. Special Landscaped Street The entire area between the curb and the building setback line shall be landscaped, except for any driveway in said area. c. Other Streets The entire area between the curb and a point ten (10) feet in back of the front property line shall be landscaped except for any driveway in said area. 2. Side Yard and Rear Yard a. General Statement All unpaved areas not utilized for parking and storage shall be landscaped utilizing ground cover and/or shrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition but need not be landscaped. c. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, freeways, and adjacent properties. Plant materials used for screening purposes shall consist! of lineal or grouped masses of shrubs and/or trees. d. Boundary Areas Boundary landscaping is required on all interior property lines excluding sidewalk and driveway areas. Said landscaping shall be placed along the entire length of these property lines or for a distance of sufficient length to accommodate the required trees. Trees, equal in number to one (1) tree per twenty-five (25) lineal feet of each property line, shall be Ipianted along the above lines in addition to required ground cover and shrub material. -24- GRD138 e. Landscaping - Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas • Trees, equal in number of one (1) per each five (5) parking stalls, shall be provided in the parking area. J. Loading Areas Streetside loading on other than special landscaped streets shall be allowed provided the loading dock is set back a minimum of seventy (70) feet from the street right-of- way line, or one hundred ten (110) feet from the street centerline, whichever is greater. Said loading area must be screened from view from adjacent streets. K. Storage Areas All outdoor storage shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen but need not exceed eight (8) feet in height. 2. Outdoor storage shall be meant to include all company owned or operated motor vehicles, with the exception•of passenger vehicles. 3. No storage shall be permitted between a frontage street and the building line. L. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection areas shall be permitted between a frontage street and the building line. M. Telephone and Electrical Service All "on -site" electrical lines (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. N. Pedestrial Access If other than a normal city pedestrial sidewalk system is desired, the developer shall submit a plan of pedestrian access to the Planning Department prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development of the property. The plan shall show all interior walkways and all walkways in the public right-of-way, if such walkways are proposed or necessary. -25- GRD138 SECTION VII. SERVICE STATION DEVELOPMENT STANDARDS A. Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the adopted right-of- way line of the frontage street. 1. Front Yard and/or Streetside Setback Area a. Special Landscaped Streets Thirty (30) feet, except that unsupported roofs, sunscreens and canopy roofs may project six (6) feet into the setback area. Signs allowed by this Ordinance may be placed in the front yard setback area. b. Other Streets Ten (10) feet, including unsupported roofs, sunscreens and canopy roofs. Signs allowed by this Ordinance may be placed in the front yard setback area. 2. Interior Setbacks Twenty (20) feet from the side and rear lot lines unless the station is an integral part of a commercial complex, in which case said setback may be five (5) feet. Unsupported roofs, sunscreens and canopy roofs may project three (3) feet into .. . the setback area. B. Minimum Building Site Area A minimum building site area of 20,000 square feet is required. C. Signs 1. One (1) freestanding sign, limited to a maximum height of seventeen (17) feet, shall be permitted. Sign face shall not exceed a maximum area of forty-five (45) square feet per face, double faced. 2. One (1) identifying sign or symbol mounted on the building shall be permitted. Maximum area of the sign or symbol shall be eight (8) square feet. Maximum letter height shall be one (1) foot except for logos. 3. Real Estate Sign Subject to the standards established in Subsection G.3, Section IV, of this Ordinance. -26- GRD138 4. Special Purpose Sign ' Subject to the standards established in Subsection G.41 Section IV, of this Ordinance. 5. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards contained in said appendix. D. Sign Standards The same sign standards as outlined in Subsection H, Section IV, of this Ordinance shall prevail for developments in this area. E. Parkin A minimum of eight (8) parking spaces shall be provided on the site. Size of spaces, isles widths, etc., shall conform to the provisions of the City of Newport Beach Zoning Code. F. Landscaping All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 1.1-11 1. Front Yard and/or Streetside Setback Area a, General Statement Landscaping in these areas shall consist of, an effective combination of street trees, trees, ground cover and shrubbery. b, vial Landscaped Streets and Areas The entire area between the curb and the building setback line shall be landscaped, except for any driveway parking area in said area. c. Other Streets The entire area between the curb and a point ten (10)feet in back of the front property line shall be landscaped except for any access driveway in said area. 2. Interior Setbacks a. All unpaved areas not utilized for parking and storage shall be landscaped utilizing ground cover and/or shrub and tree materials. -27- GRD138 b. Boundary Areas Boundary landscaping is required on all interior property lines adjacent to properties zoned for other than commercial uses. Said landscaping shall be placed along the entire length of these property lines or be of sufficient length to accommodate the number of required trees. Trees, equal in number to one (1) tree per twenty-five (25) lineal feet of each property line, shall be planted in the above -defined areas in addition to required ground cover and shrub materials. c. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. d. Landscaping, excepting trees, along all streets and boundaries shall be limited to a height of not more than three and one-half (3-1/2) feet within twenty (20) feet of the point of intersection of street and access drives. G. Screening A masonry wall or landscaping forming an opaque screen shall be installed along property lines which abut property zoned for industrial uses. Said wall or land- scaping shall be six (6) feet in height. Wall or landscaping shall be no higher than three (3) feet (except trees) within twenty (20)feet of any adopted street right-of- way line. Where there is a difference in elevation on opposite sides of the wall, the height shall be measured from the highest grade level adjacent to the wall. No signs or sign supports shall be permitted on any required screening. �• H. Refuse Collection Area All trash and refuse shall be stored within an area enclosed by a wall at least six (6) feet in height. Wall material shall match exterior building material. M GRD138 J � f SECTION VIII. OFFICE, AREA 4 A. Intent It is the intent of this area to provide for the development of office -research and development facilities. Prior to the adoption of a tentative tract map for this area, the Planned Community (PC) text shall be amended to include specific standards related to amount of development, building setbacks, grading, parking, on -site circulation, site access, landscaping, the location of public facilities and other pertinent factors. This area also includes the reservation of sufficient area to provide for a future fire station to serve this general area of the city. a (Permitted Uses The following uses shall be permitted: 1. Administrative and 2. Research and develc 3. Retail sales and sere 4. Restaurant, subject 5. Institutional, financ; 6. Parking Lots, struct GRD138 SECTION IX. RESIDENTIAL, AREA 5 A. Intent It is the intent of Area 5 to provide residential housing and related facilities. This text shall serve as the core PC text delineating the development opportunities and requirements on the parcel. Prior to adoption of a tentative tract map for this area, the Planned Community text shall be amended to include specific standards related to building setbacks, height limitations, grading, parking, onsite circulation, site access, landscaping, location of public facilities and other pertinent factors. The residential development shall not exceed 888 residential units; 222 of the dwelling units constructed must be affordable to persons of low and moderate income. Of the 222 affordable units required, 80 percent (178) shall be affordable to families whose income does not exceed 100 percent of the median family income in Orange County, and 20 percent (44) shall be affordable to families whose income does not exceed 80% of the median family income in Orange County. These units shall be maintained as affordable housing units as specified above for a period of ten (10) years from the date of original occupancy. B. Permitted Uses 1. Cluster unit developments, as defined in Section III, Definitions 2. Single family dwellings attached or detached 3. Apartments 4. Custom lots 5. Conventional subdivisions 6. Condominiums/townhomes 7. Temporary model complex and appurtenant uses 8. Community recreational facilities 9. Signs (as per city code and as provided in Section VII of this Planned Community text) 10. Public park sites -30- GRD138 SECTION X. PARK, AREA 6 It is the intent of this section to designate an area for a future public park site. The park shall be located in approximately the location shown on the Land Use Plan. -31- GRD138 I DPI SECTION XI. SIGNS The following material represents the sign program for the North Ford/San Diego Creek PC District. It is an endeavor to both identify and provide for the primary functions of any sign program; and informing prospective buyers how and where to purchase that product. This material is not intended as a substitute for detailed engineering knowledge, experience or judgment. It is intended to provide a quick and graphic representation of those signs to be allowed on Irvine property and under what conditions said signs shall be allowed. It includes such pertinent data as justification for a particular sign, where the sign may be located, how long it may be erected and fabrication specifications. It is intended that the following sign criteria be utilized as a policy guidelines regulating signs on a uniform basis for all company properties. Sign type letters A, B and C shall be subject to a conditional use permit. Sign type letters D, E, F and G shall be subject to the approval of the Planning Director. . -32- GRD138 r University of California 00,1 University Park + Turtle Rocic Walnut Village o0o. SIGN TYPE (A) FREEWAY "PLANNED COMMUNITY" TRAVEL DIRECTIONAL SIGN: A sign consisting of panels which inform the viewer of the route or direction of travel in order to arrive at Irvine planned communities. POLICY: Shall consist of one, two, three or four panels maximum, depending upon 1 the number of communities requiring identity at that location. Each panel shall display the name of a planned community or significant regional land use and a directional arrow. May be double faced if required. Signs shall be located prior to freeway off ramps. A community shall be identified only on the signs located prior to the primary access road to the community from the freeway. Signs shall contain four panels for aesthetic balance even though some panels may be blank. r LOCATION: Only one sign structure shall appear before the entrance to an existing freeway off ramp. This sign shall be located no less than 660 feet and no more than 1320 feet from the point at which the apron starts to widen for the off ramp. LONGEVITY: Each sign panel shall have a time limit of 5 years from the date specified in the text for a planned community request, subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 97.5 square feet per sign pahel. Total sign area approxi- mately 390 square feet. i ♦ University of Calif. ®• University Park t Turtle Rock 4 Walnut Village .► SIGN TYPE (B) HIGHWAY "PLANNED COMMUNITY" TRAVEL DIRECTIONAL SIGN: A sign consisting of panels which inform the viewer of the route or direction of travel in order to arrive at Irvine planned communities. POLICY: The sign shall be limited to a maximum of four panels, depending upon the number of communities requiring identity at that location. Each panel shall dis- play the name of a planned community or significant regional land use and a direc- tional arrow, only. Each of the panels maybe double faced if required. Signs shall be placed only on major and primary roads, and shall contain four panels for aesthetic balance even though some panels may be blank. LOCATION: Only one such sign structure shall exist within 1320 feet of a major 1 intersection in each direction. The sign may be on either the right or left hand side of the road. LONGEVITY: Each sign panel shall have a time limit of 5 years from the date specified in the text for a planned community request, subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 36.6 square feet per panel. Total sign area approximately 146.4 square feet. 1, L V SIGN TYPE (C) INTERSECTION DIRECTIONAL SIGN: A sign consisting of panels which inform the viewer of the route or direction of travel in order to arrive at Irvine planned communities. POLICY: Shall consist of one, two, three, four or five panels maximum depending upon the number of communities requiring identity at a particular intersection. Each panel shall display the name of a planned community or significant regional land use and a directional arrow, only. Each of the panels may be double faced if required. LOCATION: Ideally suited for intersections which require the motorist to make a complete stop, and where directional assistance is required for many communities. Such signs shall be within five miles of the communities they identify and shall be located along direct routes to a planned community. LONGEVITY: Each sign panel shall have a time limit of 5 years from the date specified- in the text for a planned community request, subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 4-1/2 square feet per panel. Maximum total area 22.5 square feet. r M SIGN TYPE (D) REASSURANCE SIGN: A sign designed to reassure motorists of their direction of travel and distance to Irvine planned communities and points of major interest. POLICY: Such signs shall be not more than five feet in vertical height or horizontal length exclusive of ground clearance and shall not exceed a total area of 15 square feet. May be double faced if required. LOCATION: Such signs shall be located only along direct routes to the planned community or significant regional land use. They shall be within five miles of the community or land use they identify, and they shall be at least one-half mile from any other reassurance sign identifying the same planned community or regional land use. LONGEVITY: Each sign shall have a time limit of five years, subject to renewal by the appropriate public agency if still serving a public need. t SIGN SURFACE AREA: 13.5 square feet. I College Park Homes ? Walnut Village Irvine SIGN TYPE (E) TRACK "SUBDIVISION IDENTIFICATION" AND COMMUNITY DIRECTION SIGN: A sign which informs the viewer of the name of the planned community he is approaching and the direction of travel to enter that residential community and the name/s of the developer/s who are currently building and/or marketing homes in that community. I POLICY: Shall not exceed 120 square feet in sign surface area. May be used as an on - site (within the boundaries of the planned community) or an off -site sign. Shall display ( only the name/s and/or symbols of the developer/s who are currently building and/or marketing homes in that community or the name or names of the tract development within that community (maximum of 2) and the name of the planned community and a directional arrow, and the name "Irvine." May be double faced if required. LOCATION: To be located before critical intersections which introduce the major entry/ies to a Planned Residential Community. LONGEVITY: Each sign shall have a time limit of five years from the date of issuance of the sign permit. Subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 120 square feet. + Walnut Village East Greentres Homes by Donald L. Bran Co. Irvine SIGN TYPE (F) COMMUNITY ENTRY SIGN: A sign which identifies the entry to a development in an Irvine community in which homes are for sale. The sign informs the viewer of the name of the community, the names of the developments in that community and the direction of travel to reach the model areas. POLICY: Wherever possible shall be used as an on -site sign (within the boundaries of the community). Shall be double faced where required. LOCATION: At or near the main entry/ies to the residential community. LONGEVITY: Each sign shall have a time limit of 5 years from the date specified in the text for the planned community. Subject to renewal by the appropriate public agency if new homes are still for sale in the community. SIGN SURFACE AREA: 160 square feet. r V APARTMENT SITE SIGN TYPE (G) FUTURE FACILITY SIGN: A sign which informs the viewer, through symbol and verbal reinforcement, of the type of facility planned for a community. POLICY: The sign shall identify facilities which are planned as part of a planned community and are to be constructed in the immediate future. General symbols, de- signed to identify and not to advertise, will represent the same type of facilities in each of the Irvine communities. May be double faced if required. LOCATION: Always installed on the site of the facility and oriented to the nearest street. One sign to be utilized for each street fronting on the site. LONGEVITY: From the time the site has been zoned for the facility until construc- tion and/or leasing is completed. SIGN SURFACE AREA: 96 square feet maximum (including 4 "rider" panels). r I 4 Ok APARTMENT SITE SIGN TYPE (G) FUTURE FACILITY SIGN: A sign which informs the viewer, through symbol and verbal reinforcement, of the type of facility planned for a community. POLICY: The sign shall identify facilities which are planned as part of a planned community and are to be constructed in the immediate future. General symbols, de- signed to identify and not to advertise, will represent the same type of facilities in each of the Irvine communities. May be double faced if required. LOCATION: Always installed on the site of the facility and oriented to the nearest street. One sign to be utilized for each street fronting on the site. LONGEVITY: From the time the site has been zoned for the facility until construc- tion and/or leasing is completed. SIGN SURFACE AREA: 96 square feet maximum (including 4 "rider" panels). r J AMENDMENTS Amend North Ford P-C text to include San Diego Creek South Parcel designated for office use (Area 4); designate Area 5 for residential use; increase square footage -of permitted commercial use (Area 3); designate Area 6 for park use (Amendment 592, adopted October 242 1983). GRD 139 L'ci r ;3 - 10 (EXHIBIT "G") KOLL CENTER NEWPORT PLANNED COMMUNITY REGULATIONS (EXCERPT) 6 4 - I. x J J PLANNED COMMUNITY DEVELOPMENT STANDARDS For Koll Center Newport Ordinance No. 1449 adopted by the City of Newport Beach on August 14, 1972 Original draft May 5, 1972 Amendment No. 1) June 21, 1972 Amendment No. R) September 7. 1972 Amendment No. (3) July 6, 1973 Amendment No. (4) January 11, 1974 Amendment No. ( 5) March 22, 1974 Amendment No. (6) April 18, 1975 Amendment No. (7) September 8, 1975 Amendment No. (8) April 23, 1976 Amendment No. (9) November 5, 1976 Amendment No. (10) June 26, 1978 Amendment No. (11) August 28, 1978 Amendment No. 12) November 27, 1978 Amendment No. 13 August 8, 1980 Amendment No. 14) March 9, 1981 Amendment No. (15) October 24, 1983 (Amendment 514) Note: See Footnotes, Page 45-for description of amendments. GRD140 EXHIGI T G PART II COMMERCIAL Section 1. Site.Area and Building Area (4) Group 1. PROFESSIONAL & BUSINESS OFFICES Acreages shown are net buildable land area including landscape setback with property lines. (4) A. Building Sites (4) Total AcreageSite A 0.93 9 Acacres* Site B 42.709 acres Site C 18.806 acres (10) Site D 19.673 acres Site E 2.371 acres Site F 1.765 acres Site G 5.317 acres (8). 122.574 acres (8)(10)(11) B. Allowable Building Area Site A 350,200 square feet Site B 860,600 square feet Site C 674,800 square feet (15) Site D 333,200 square feet (8) Site E 32,500 square feet (4) Site F 24,300 square feet (4) Site G 45,000 square feet (8) Office Acreaqe 30.939 acres* 42.709 acres 18.806 acres (10) 19.673 acres 2.371 acres 1.765 acres 5.317 acres (8) 122.574 acres (8)(10)(11) 2,287,000 square feet (15) 2,287,000 square feet (1.5) C. Statistical Analysis (4) The following statistics are for information only. Development may include but shall not be limited to the following: Story heights shown are average heights for possible development. The buildings within each parcel may vary. - Assumed parking criteria: One (1) space per 225 square feet of net building area @ 120 cars per acre. 1. Site A ATTowable Building Area Site Area 350,200 square feet 17.399 acres* (3)(4) * (3)(4) In addition to 17.399 acres of office use, there is 9.54 acres for hotel and motel and 2.5 acres for restaurants and 1.5 acres of retail and service within Office Site A. Therefore, there are 30.939 acres net within Office Site A. GRO140 -13- e Site A IFT-lowable Building Area ............... 350,200 squcre feet Site Area ............................ 17.399 acres" (3)(4) a. Building Height T�va story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Land Coverage .......... 4.02 acres .......... 2.68 acres .......... 2.01 acres .......... I.61 acres .......... 1.34 acres ........0. 1.15 acres .......... 1.00 acres .......... 0.89 acres .......... 0.81 acres .......... 0.13 acres .0........ 0.61 acres b. Parking Land Coverage 1167 cars ......•••.••.......•••••• - 9.73 acres (11) e-. Landscaped Open Space (4X11) Land Covercae Two story development 65 acres ..........3. Three story development • . .......... 4.99 acres Four story development .......... 5.66 acres Five story development .......... 6.06 acres Six story development ........... 6.33 acres Seven story develooment .......... 6.52 acres Eight story development .......... 6.67 acres Nine story development .......... 6.73 acres Ten story development .......... 6.86 acres Eleven story development .......... 6.94 acres Twelve story development .......... 7.06 acres 2. Site B Allowable Building Area ............... 860,600 <_q. ft. Site Area 43.703 acres (4)(11) a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Land Coverage .......... 9.88 acres .......... 6.59 acres .......... 4.94 acres .......... 3.95 acres .......... 3.29 acres .......... 2.82 acres .......... 2.47 acres .......... 2.49 acres .......... 1.98 acres .......... 1.80 acres ......:... 1.65 acres r14-F�/ A 1W I-j 3. Parking 3,179 cars Landscaped Open Space (11) Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Site C (10) Allowable Building Area Site Area a. Building Height Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development b. Parking 1688 cars Landscaped Open Sace (4) Two story development Three story development Four story development Five story development Six story development Seven story development Eight story development Nine story development Ten story development Eleven story development Twelve story development Land Coverage 26.49 acres (11)(13) Land C2vera e (111(13, 6 2 acres 9.91 acres 11.74 acres 12.83 acres 13.56 acres 14.08 acres 14.47 acres 14.78 acres 15.02 acres 15.22 acres 15.39 acres 674,800 square feet (15) 18.806 acres (4) Land Coverage 4.36 acres 2.91 acres 2.17 acres 1.74 acres 1.46 acres 1.25 acres 1.09 acres 0.96 acres 0.88 acres 0.79 acres 0.72 acres Land Coverage 14.07 acres Land Coverage 0.38 acres 1.83 acres 2.57 acres 3.00 acres 3.28 acres 3.49 acres 3.65 acres 3.78 acres 3.86 acres 3.96 acres 4..02 acres GRD140 -15- J 4. SNL G 5. Alloviucic Building Area ............ 333,200sc,. ii. (3) Sue Area ......................... 19.67ccrc. (e;) a. Buildin- Height (8) Lard Covnr,- Two story development .......... 3.22 acres Three story development .......... 2.55 acres Four story develcpment .......... 1.Sl acres Five story development .......... 1.53 cc. as Six story development ......4... 1.27 acr::: Seven story develcpment .......... 1 .09 acres Eight story deve!vriment .......... 0.96 acres Nine story development .......... 0.83 oc'es Ten story development .......... 0.76 acres Eleven star; development .......... 0.70 acres Twelve story development .......... 0.64 acr•^s b., Parking (8) Lond Coverage 1,251 cars ...................... 12.34 acres. e. Lond=pcd Caen Snace �:) (S) Land crone Two sto-, development .......... 3.51 0-:re: Three story development .......... 4.78 acres Four star' d:veiorment .......... 5.42 acres Five :tort' duvolopmert .......... 5.30 acre> Six story dpvi:!oprnent .......... .6.06 cams Severs :'racy development .......... 6.24 cans Eight story deve!opmenr .......... 6. -7 ccres Nine stcty development .......... 6.43 ocres Ten story rlevelopmen, .......... 6.57 c cres Eleven story develbprnent .......... 6.6:: glare% Fwelve story dcvalopncnt ......... 1 6.69 acrt:-., site Allowob!e Building Area .............. 32,"GO sq. Lt (�1 Site Area ............................ 2.371 acres c. Building Two Story develo&nent Thr::t: sk11•y development Fcur story develcpmerl Five story development Six tx story development Land Cove-tr.i;• (A) .......... 0.3. ecrE's ...... 0.2. acres ...... I... 0.19-::les .......... 0.15 cams .......... 0.12 acres 6 7. Seven story development .......... 0.11 ocres Eight star,/ development .......... 0.10 Cc:.cs Nino story development .......... 0.09 ac.Ls Tcn story development .......... 0.03 Cares Eleven story development .......... 0.07 acres Twelve story development .......... 0.06 cc re5 b. Parking Land Covercpc 144 cars ........................ 1.20 e. Landscaped Open Space (4) Land Coverage Two story development .......... 0.80 acres Three story development .......... 0.92 acres Four story development , , . , .. , . , , 0.98 acres Five story development .......... 1 .02 acres Six story development .......... 1.03 acres Seven story development .,.,.,..,. 1.06 acres Eight story development .......... 1 .07 acres Nine story development . , . , , . , , , . 1.08 acres Ten story development .......... 1 .09 acres Eleven story development .......... 1 .10 acres Twelve story development .......... 1 .11 acres Site F (4) Allowable Building Area ............... 24,300 sq.r't. Site Area ............................ 1.765 acres a. Building Height Land Coverage One story development .......... 0.56 acres Two story development .......... 0.28 acres , Three story development .......... 0.19 ccres Four story development .......... 0.14 acres b. Parking Land Coverore 08 can ........................ 0.90•acres c. Landscoza Open Saace Land Coverc•.^•e_ One story developmenr .......... Co0.acres Two story development .......... 0.58 acres Three story development .......... 0.67 acrcrs Four story development .......... 0.72 acres Site G (8) Allowable Building Area ................ 45,000 s. ;'t. Site Area ............................ 5.31"!acres -17- a. Building Height One story development Two story development Three story development Four story development b. ��Park��ingg"cars c. Landsca e 0 en Space One story deve opment Two story development Three story development Four story development Building Height Land Coverage 1.03 acres 0.52 acres 0.34 acres 0.26 acres Land Coverage 1.67 acres Land Coverage 2— 2— a cres 3.13 acres 3.31 acres 3.39 acres Maximum building height shall not exceed twelve (12) stories above ground level, and shall in no way exceed the height limits set by the Federal Aviation Authority for Orange County Airport; provided, however that a maximum of two (2) fifteen story office buildings may be constructed in Block C not to exceed 215 feet in height with the approval of the FAA and review by the Airport Land Use Commission. GRD140 -17.1- F ,r PART VI. FOOTNOTES (1) Planned Community Text revision June 21, 1972 incorporating Planning Commission revisions and conditions of approval. (2) Planned Community Text revision September 7, 1972 incorporating City Council conditions of approval as adopted by the City of Newport Beach Ordinance No. 1449 on August 14, 19,72. (3) Planned Community Text revision July 6, 1973 incorporating the addition of footprint lots and the addition of two restaurant sites within office site "A". (4) Planned Community Text revision January 11; 1974 incorporating the following changes: a. Revised Planned Community Text site acreage figures to conform with the recorded tract map. b. Revised Exhibit "A" (land use map) to conform to recorded tract map. C. Changed the size of office site "E" and created one parcel of land comprised of restaurant site No. 3, service station site No. 3 and the residual of office site "E". This new site is designated as office site "F". 'J d. Revised retail and service site No. 2 from a specific location to a floating location within office site "A". e. Added mechanical car wash subject to a use permit as a permitted use on the serbice station sites. f. Added private clubs or athletic clubs as a permitted use on office. site g. Made provisions for three (3) additional restaurant sites, two sites within office site "B" and one site within office site "F". (5) Planned Community Text revision March 22, 1974 incorporating the following changes: a. Eliminated service station site No. 2 and b. Added health or athletic club as a permitted use within the retail and service center sites. C. Added professional and business office as a permitted use within the retail and service center sites. d. Added a minimum 25% landscape requirements or site plan approval by the Planning Commission to.the development requirements of retail Site No. 1 -45- 17.2 F iY (6) Planned Community Text revision April 18, 1975 incorporating the following changes: - a. Clarified the setback requirements for buildings within footprint lots. b. Clarified Professional and Business Office permitted uses. C. Added signing provision for ground floor businesses in multi -tenant building. (7) Planned Community Text revision September 8, 1975 incorporating the following changes: a. - Added the requirement that all restaurants shall be subject to the securing of a use permit with the exception of certain restaurant uses within Retail and Service Centers. (8) Planned Community Tex; revision April 23, 1976 incorporating the following changes: a. Changed the size of Light Industrial Site Number 2. b. Created Professional and Business Offices Site "G" c. Made provisions for two(2) restaurant sites within Office Site "G". t d. Reduced the Allowable Building Area of Office Site T" e. Amended the construction time table for traffic signals. (9) Planned Community Text revision November 5, 1976 incorporating the following changes: a. Established guidelines for an exception to the minimum site area. (10) Planned Community Text revision June 26, 1978 incorporating the following changes: a. Increase the site area of Professional and Business Office Site C. b. Increase the allowable building area of Professional and Business Office Site C. -46- f J r 11. Planned Community Text revision August 28, 1978 Y' incorporating the following changes: a. Made provision for consideration of additional left turn ingress from MacArthur Boulevard. b. Eliminated Service Station Site No. 1 and added the land area to professional and business Office Site B. c. Revised the parking requirement for office buildings within professinal and business Office Sites. 12. Planned Community Text revision incorporating the following City Council changes: a. Established existing and additional allowable development as of October 1, 1978. b. Established criteria for development key and the additional allowable development as of October 1, 1978. 13. Planned Community Text revision incorporating the transfer of allowable building area from Professional & Business Office Site "D" to Professional & Business Office Site "B" . 3 14. Planned Community Text revisions for Retail and Service Site No. 1 which allocate existing and permitted development as noted below: Retail Site No. 1 (sq. ft.) Parcel Existing 30% 70% Total Parcel 1, R/S 588 (R) (0) 8,200 0 (R) (0) 10,198 3,164 (R) (0) 23,794 7,384 (R) (0) 42,192 10,548 Parcel 3, R/S 506 (R) (0) 0 0 (R) (0) 0 22,000 (R) (R) 0 0 (R) (0) 0 22,000 Parcel 4, R/S 506 (R) (0) 4,115 0 (R) (0) 5,334 1,642 (R) (0) 12,447 3,832 (-R) (0) 21,896 5,474 Subtotal (R) (0) 12,315 0 (R) (0) 15,532 26,806 (R) (0) 36,241 11,216 (R) (0) 64,088 38,022 TOTAL 12,315 42,338 47,457 102,110 (R) = Retail (0) - Office 15. Planned Community text revision increasing the allowable building area in Site C (MacArthur Court). (Amendment No. 593, adopted October 24, 1983.) )2A