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,
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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.
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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.
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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:
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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
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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..
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(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:
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(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,
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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-
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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.
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(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%
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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.
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(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.
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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.
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(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
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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
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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
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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,
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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:
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(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.
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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.
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(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
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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-
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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
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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
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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"
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• 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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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iJ11 1
Cr
s
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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
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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.
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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
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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.
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GR D138
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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
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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
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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
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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_•.
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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,
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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).
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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
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•
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)
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(EXHIBIT "G")
KOLL CENTER NEWPORT
PLANNED -COMMUNITY REGULATIONS
(EXCERPT)
•
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•
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
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"
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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
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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
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PROPD6M ?ARM 617E
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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.
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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.
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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GRD138
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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
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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.
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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. .
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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.
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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).
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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