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Home My WebLink AboutPC2025-006 - RECOMMENDING CITY COUNCIL ADOPTION OF A PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, DEVELOPMENT AGREEMENT AMENDMENT, AFFORDABLE HOUSING IMPLEMENTATION PLAN, AND WATER SUPPLY ASSESSMENT TO ALLOCATE 1,500 BASE DWELLING UNITS FROM THE HO-4 (RESOLUTION NO. PC2025-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF A PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT, DEVELOPMENT AGREEMENT AMENDMENT, AFFORDABLE HOUSING IMPLEMENTATION PLAN, AND WATER SUPPLY ASSESSMENT TO ALLOCATE 1,500 BASE DWELLING UNITS FROM THE HO-4 (NEWPORT CENTER) SUBAREA DEVELOPMENT LIMITS SET FORTH IN SECTION 20.28.050 (HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS) OF THE NEWPORT BEACH MUNICIPAL CODE TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PC-56) DEVELOPMENT PLAN FOR 100 AND 190 NEWPORT CENTER DRIVE ALONG WITH VARIOUS ADDRESSES WITHIN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (PA2024-0173) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On September 24, 2024, the City of Newport Beach (“City”) City Council adopted Ordinance Nos. 2024-16 and 2024-17, approving amendments to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (“NBMC”), to establish the Housing Opportunity (HO) Overlay Zoning Districts in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) (“Housing Overlay”) and to create multi-unit objective design standards in Section 20.48.185 (Multi-Unit Objective Design Standards). The new sections serve to implement Policy Actions 1A through 1G and 3A in the 6th Cycle Housing Element ("Housing Element") of the General Plan. 2. Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas to ensure the City can accommodate its 6th Cycle Regional Housing Needs Assessment (“RHNA”) allocation. These subareas correspond to the Focus Areas identified in the Housing Element and are as follows: Airport Area Environs Area (HO-1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport Center Area (HO-4), and Coyote Canyon Area (HO-5). Properties identified within these subareas are eligible for specified development allowances conducive to residential development at the prescribed average density of 20 to 50 dwelling units per acre. The standards include but are not limited to minimum lot area, setbacks, height, open space, landscaping, and parking. Each of the five subareas is also subject to a base density development limit. For the HO-4 Subarea, the development limit is 2,439 units. 3. An application was filed by The Irvine Company (“Applicant”) concerning properties located at 100 and 190 Newport Center Drive and within the North Newport Center Planned Community (PC-56) Zoning District (“PC-56 Development Plan”), as described in Exhibit Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 2 of 21 07-29-24 “A” (“Properties”), which is attached hereto and incorporated herein by reference, requesting approval of amendments to the PC-56 Development Plan. 4. The Applicant maintains ownership interest and control over several properties within the HO-4 Subarea and requests the following approvals (collectively, the “Project”): • Amendments to the PC-56 Development Plan (“PC-56 Amendment”) to allocate 1,500 of the 2,439 dwelling units from the development limit identified in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) of the NBMC for the HO-4 Subarea to the Properties within the PC-56 Development Plan. Other amendments include increasing building height limits for Fashion Island, Block 100, and San Joaquin Plaza, modifying open space requirements, incorporating additional objective design standards, modifying parking standards for residential, updating sign standards, and other minor text changes. Lastly, the amendments change the zoning of 100 and 190 Newport Center Drive from OR (Office-Regional) to PC-56 Development Plan. No construction is proposed at this time; • Development Agreement (“DA”) Amendment (“Third Amendment to DA”) between the City and the Applicant to vest development rights for 1,500 dwelling units created by the HO-4 Subarea in exchange for to-be-determined public benefits. The existing DA includes an Affordable Housing Implementation Plan, which will be supplemented as part of the project to help ensure there is a commitment to furthering affordable housing production; • Affordable Housing Implementation Plan (“AHIP”) that specifies how the Applicant will assist the City in furthering the production of affordable housing; and • Water Supply Assessment (“WSA”) to evaluate the water supply availability for a project including more than 500 dwelling units pursuant to Section 21151.9 of the Public Resources Code (“PRC”) and Section 10910 et seq. of the Water Code and as contemplated in the City’s Housing Implementation Program Final Program Environmental Impact Report (“EIR”). 5. The Properties are categorized as MU-H3 (Mixed Use Horizontal), CO-R (Commercial Regional Office), CR (Regional Commercial), RM (Multiple Residential), OS (Open Space), CO-M (Medical Commercial Office) by the General Plan Land Use Element and are either located within the PC-56 Zoning District with the properties at 100 and 190 Newport Center Drive categorized as the OR (Office-Regional) Zoning District. 6. The Properties are not located within the coastal zone. 7. A public hearing was held on March 6, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the time, place, and purpose of the hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings), and Section 15.45.050 (Public Hearing-Notice) of the Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 3 of 21 07-29-24 NBMC. Evidence, both written and oral, was presented to and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to the California Environmental Quality Act (“CEQA”) as set forth in California Public Resources Code Section 21000 et seq. and its implementing guidelines set forth in California Code of Regulations, Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), the City Council adopted Resolution No. 2024-50 on July 23, 2024, certifying Final Program Environmental Impact Report SCH No. 2023060699 ("PEIR"), approving a Mitigation Monitoring and Reporting Program ("MMRP"), and adopting Findings and a Statement of Overriding Considerations related to the implementation of the Housing Element involving amendments to the General Plan, Coastal Land Use Plan, and Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC which are available at: Housing Implementation Program EIR. 2. The Project is not subject to further environmental review pursuant to Section 21083.3 of the PRC and Section 15183 of the CEQA Guidelines because, inasmuch as the Properties involved are all within the HO-4 Subarea, the Project does not change the underlying land use or zoning designations; and would not result in new significant impacts or a substantial more adverse impact than addressed in the PEIR. 3. Section 15183 of the CEQA Guidelines provides, in relevant part: a. Projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. b. In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: i. Are peculiar to the project or the parcel on which the project would be located; ii. Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent; iii. Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action; or iv. Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 4 of 21 07-29-24 determined to have a more severe adverse impact than discussed in the prior EIR. c. If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. d. This section shall apply only to projects which meet the following conditions: i. The project is consistent with: A. A community plan adopted as part of a general plan; B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development; or C. A general plan of a local agency; and ii. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. 4. As part of its decision-making process, the City is required to review and consider whether the Project would create new significant impacts or significant impacts that would be substantially more severe than those disclosed in the PEIR. Additional CEQA review is only triggered if the Project’s new significant impacts or impacts that are more severe than those disclosed in PEIR such that major revisions to the PEIR would be required. A detailed consistency analysis has been prepared by T & B Planning Inc., dated February, 2025, and peer reviewed by Kimley-Horn & Associates, Inc., is attached hereto as Exhibit “B,” and incorporated herein by reference. 5. The PEIR contemplated those future projects meeting the thresholds of Senate Bill No. 610 (“SB 610”) would require the preparation of a WSA. As evidence of the Project’s compliance with the PEIR and Section 15183 of the CEQA Guidelines, a WSA has been prepared for the Project. Although the PEIR concluded that there would be a potentially significant and unavoidable impact related to water supply for which the City adopted a Statement of Overriding Considerations, the Project specific WSA concluded that adequate and reliable water supplies are and will be available to serve units that are developed through this Project for at least the next 20 years. 6. Although the Project includes a zoning amendment to change the designation of 100 and 190 Newport Center Drive from the OR Zoning District to the PC-56 Zoning District, these properties were already identified in the HO-4 Subarea of the Housing Overlay, which would not change as part of the Project. Therefore, the analysis contained in the PEIR would remain applicable to those two sites and the Project would be consistent Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 5 of 21 07-29-24 with the existing zoning that allows 20 to 50 dwelling units per acre of residential development. 7. The Project is consistent with the development density and use characteristics established by the City’s General Plan Housing Implementation Program as analyzed by the PEIR, and the required determinations can be made, as detailed in Exhibit “B.” Therefore, in accordance with Section 21083.3 of the PRC and Section 15183 of the CEQA Guidelines, no additional environmental review is required to approve the Project. The Planning Commission determines: a. The Project is consistent with the development density of 20 to 50 dwelling units per acre established by existing zoning and general plan policies for which the PEIR was certified; b. There are no significant environmental effects that are peculiar to the Project or the parcels on which the Project would be located; c. There are no significant environmental effects of the Project that were not analyzed as significant effects in the PEIR; d. There are no potentially significant off-site impacts or cumulative impacts which were not discussed in the PEIR; and e. There are no previously identified significant effects which, as a result of substantial new information which was not known at the time the PEIR was certified, are determined to have a more severe adverse impact than discussed in the prior PEIR. 8. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. REQUIRED FINDINGS. Planned Community Development Plan Amendment An amendment to the North Newport Center Planned Community (PC-56) Development Plan is a zoning amendment and legislative act. Neither Chapters 20.56 (Planned Community District Procedures) and 20.66 (Amendments) of the NBMC, the North Newport Center Planned Community (PC-56) Development Plan, nor California Government Code Section 65000 et seq., set forth any required findings for approval of such amendments. However, the PC-56 Amendment complies with the aforementioned based on the following findings: Findings and Facts in Support of Finding: Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 6 of 21 07-29-24 1. The Properties are in Newport Center, which includes a mixture of entertainment, major retail, recreation, professional offices, and residential development. The Project’s proposal to allocate dwelling units to sites already within the HO-4 (Newport Center) Subarea of the Housing Overlay would not disrupt the existing uses within the PC-56 Development Plan. Instead, it would serve to add to the diversity of uses helping to activate an urban core in Newport Center while assisting the City in larger scale community planning and the provision of additional housing opportunities. Newport Center is an established, urban area of the city with significant amenities and services that can support the development of additional residential uses. 2. Although properties identified as Housing Overlay sites in Section 20.80.020 (Housing Opportunity Overlay Zoning District Maps) of the NBMC are subject to the standards set forth therein, the PC-56 Amendment to incorporate the dwelling units into the PC-56 Development Plan would require its future residential development be subject to its development standards, not the development standards set forth in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts). As such, future residential projects would be subject to the appropriate site and project specific setbacks, parking, and height limits for this urban location. Incorporation of these dwelling units into the existing PC-56 Development Plan allows for planning on a larger scale that will account for context and ensure the units are cohesively incorporated into a larger plan for the HO-4 Subarea. Proposed text revisions to the PC-56 Development Plan are set forth in Exhibit “C,” which is attached hereto and incorporated herein by reference. 3. Similarly, projects located within the Housing Overlay are subject to Section 20.48.185 (Multi-Unit Objective Design Standards) of the NBMC, which are intended provide for quality design of multi-unit residential and mixed-use development that build on context, contribute to the public realm and provide high quality and resilient buildings and public spaces. These standards apply to both market rate and affordable multi-unit development consisting of at least 20 dwelling units per acre. The existing PC-56 Development Plan includes design standards to ensure high quality design; however, additional objective design standards have been incorporated that are commensurate with the standards identified in the NBMC. For example, the PC-56 Amendment includes standards for general design, parking lots and structures, landscaping, common open space, recreation amenities, and private streets. These design standards would apply to both market rate and affordable multi-unit developments. The existing PC-56 Development Plan encompasses approximately 170 acres of land, which allows for larger scale planning efforts that are sensitive to context and provide for a robust, aesthetically pleasing, and functional public realm. 4. The PC-56 Amendment also includes changes to the existing private open space requirements for residential. The existing PC-56 Development Plan requires at least 50% of all dwelling units to provide private open space in the form of a patio, balcony, or similar feature, where the proposed PC would require at least 25% of dwelling units to provide private open space. No changes are proposed to the existing common open space requirements; however, the PC-56 Amendment includes a new requirement for “Recreation Amenities” to serve future residential projects. The new recreation Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 7 of 21 07-29-24 amenities could include a clubhouse or lounge, a swimming pool, sport courts, or other similar amenities. Reducing the private open space that is required on a per unit basis would allow for larger, more functional communal and recreational outdoor spaces that will serve the future residents and encourage community activity. 5. The PC-56 Amendment would provide for a streamlined review of future residential development projects by the Community Development Director pursuant to Section IV - Planned Community Development Plan Administration of the existing PC-56 Development Plan. Compliance with both the PC-56 Development Plan and amended DA would ensure that the appropriate technical studies and other supporting documents are completed. 6. The PC-56 Amendment would modify existing standards for properties in Blocks that are fully developed and do not support any natural resources. No changes are proposed to properties that are designated for open space by the General Plan. All potential environmental impacts associated with the Project are appropriately addressed through compliance with standard building permit procedures, conditions of approval, and the PEIR, as discussed in Exhibit “B.” 7. The proposed changes to height for Fashion Island, Block 100, and San Joaquin Plaza in the PC-56 Development Plan would be consistent with the continued trend of urbanization in Newport Center that has occurred over the last several decades. The revised building heights would allow for future residential projects to meet the minimum density of 20 dwelling units that is required, while retaining open areas to increase walkability and activate the urban core of Newport Center. The proposed height increases are consistent with the original vision of Newport Center to allow taller buildings around the top (northeast) and center of Newport Center, with lower buildings following the topography and stepping down towards East Coast Highway. The proposed changes to height of buildings in the PC-56 Development Plan would be subject to review by the Airport Land Use Commission to ensure the changes are consistent with the County of Orange Airport Environs Land Use Plan for John Wayne Airport. Additionally, the proposed amendments would not impact the existing Newport Center Sight Plane, as established By Ordinance Nos. 1371, 1596, and 83-27, which maintain residential views across the southeastern portion of Newport Center. 8. The PC-56 Amendment includes changes to signs to allow larger signs that are generally consistent with approved sign programs in Newport Center. The proposed sign standards are appropriate for the future development of housing and for the scale of Newport Center and its wide streets. Changes are also proposed to remove theater signs as a specific sign type, and the incorporation of a new digital sign type. Although the new sign type would include a digital display, the existing PC-56 Development Plan prohibits the establishment of any signs that are visible from the public right of way and include flashing, animation, blinking, strobing, or other effects that could impact safety for motorists and cyclists. 9. The PC-56 Amendment changes residential parking to 1.1 parking spaces per bedroom, inclusive of guest parking, including one covered space per unit with studio units Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 8 of 21 07-29-24 counting as one bedroom. This is compared to the current parking requirement in the PC-56 Development Plan of two spaces per unit including one covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking. As a comparison, the NBMC requires parking for residential (rental) units based on the number of bedrooms, ranging from 1.1 parking spaces per dwelling unit for studios up to two parking spaces for three-bedroom apartments. Visitor (guest) parking is required at a rate of 0.3 parking spaces per dwelling unit. In the NBMC, parking requirements for residential (ownership) units are similar to the rental rate, but slightly higher. Therefore, the proposed PC-56 Development Plan is generally consistent with the City’s standards for parking. 10. The Project is consistent with the City’s General Plan including the following General Plan policies: a. Land Use Element Policy 2.2 – Sustainable and Complete Community- Emphasize and support the development of uses that enable Newport Beach to be a complete community that maintains the ability to provide locally accessible opportunities for retail, goods and services, and employment. The proposed allocation of 1,500 dwelling units to Housing Overlay sites within the PC-56 Development Plan would contribute to the sustainability of the City by providing housing opportunities near retail, goods and services, and employment within Newport Center. The PC-56 Development Plan includes appropriate standards for all land uses, to support a cohesive and complete community with all of the necessary amenities. b. Land Use Element Policy 3.3. – Opportunities for Change – Support opportunities for new development and improved physical environments for residents, businesses and visitors in the following districts and corridors, as specified in Policies 6.3.1 and 6.22.7: Fashion Island/Newport Center: support balanced expansion and enhancement of retail uses, hotel rooms, and offices, and development of residential in proximity to jobs and services. The proposed allocation of 1,500 dwelling units from Subarea 4 of the Housing Overlay to the PC-56 Development Plan would be consistent with this policy as it would provide additional residential opportunities in proximity to existing jobs and services. c. Housing Element Policy Action 1C– Newport Center- The City will establish a housing opportunity overlay, or similar rezoning strategy, in the Newport Center area for 163 acres of land to provide for the accommodation of at least 2,439 housing units in the Very Low, Low, Moderate and Above Moderate-income categories. A Map and Table Summary of these sites are provided in Appendix B of this Housing Element. The overlay, or similar rezone strategy, will allow development of a variety Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 9 of 21 07-29-24 of residential product types at a permitted average density of 50 dwelling units per acre. The proposed allocation of 1,500 dwelling units to Housing Overlay sites within the PC-56 Development Plan would be consistent with this policy, as it would provide zoning in Newport Center to provide for the accommodation of up to 1,500 dwelling units at an average density of 20 to 50 dwelling units per acre. Although the 1,500 dwelling units would likely be market rate units, the Project includes an amendment to the DA and preliminary AHIP to ensure the Applicant provides affordable housing. d. Housing Element Policy Action 3A – Objective Design Standards - State Housing law includes various exemptions for projects with an affordable housing component, which limits the City’s ability to apply discretionary design review requirements to certain residential projects. State Housing law specifies having objective design standards available to apply to housing projects where the City’s discretion over design review is otherwise preempted per State law. The City of Newport Beach will review existing entitlement processes for housing development and will eliminate discretionary review for all housing development proposals that include a minimum affordable housing component. The City will also review the appropriateness of its current development standards to ensure that it reasonably accommodates the type and density of housing it is intended to support. The City will also amend existing development standards to replace or remove all subjective standards for projects with a minimum affordable housing component with objective standards that do not impede the type and density of housing it is intended to allow. The City has implemented this policy through the establishment of Multi-Unit Objective Design Standards for all multi-unit residential projects consisting of 20 or more dwelling units per acre. As previously discussed in Fact 3, Section 20.48.185 (Multi-Unit Objective Design Standards) of the NBMC, was implemented to provide for quality design of multi-unit residential and mixed-use development that build on context, contribute to the public realm and provide high quality and resilient buildings and public spaces. The PC-56 Amendment incorporates additional objective design standards for parking lots, landscaping, open space, and other features. Additionally, the PC-56 Amendment adjusts the allowed height of structures in Block 100, Fashion Island, and San Joaquin Plaza. These changes will reduce potential impediments to the construction of housing at the specified densities of 20 to 50 dwelling units per acre. e. Land Use Element Policy 4.4 – Rezoning to Accommodate Housing Opportunities - Accommodate housing opportunities through the adoption of housing opportunity overlay zoning districts or other land use regulatory policy. The following areas are intended to be consistent with the Housing Element’s focus areas. Properties within each overlay district should include, but are not limited to, sites identified in the Housing Element; however, not all sites must be included, and other sites or adjustments may be identified in the future through rezoning unless precluded by state law. The goal is to ensure an adequate number of sites Citywide Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 10 of 21 07-29-24 to accommodate the City’s overall allocation of the Regional Housing Needs Assessment: Newport Center: the intent is to support a density between 20 and 50 dwelling units per gross acre to accommodate up to 2,439 total dwelling units within the area. The Project is consistent with and wholly in furtherance of LU 4.4 since the PC-56 Amendment will provide a “land use regulatory policy” to implement the housing opportunities within the Newport Center Subarea 4. The PC-56 Amendment allocates 1,500 dwelling units from the General Plan and Housing Overlay to another regulatory policy or zoning document, the PC-56 Development Plan. Further, as proposed, all 1,500 dwelling units must be located on sites that are included in Housing Overlay, as identified in Section 20.80.025 (Housing Opportunity Overlay Zoning Districts Maps) (HO-4 Newport Center Area) of the NBMC. This allocation would not exceed the 2,439-dwelling-unit limit for the Newport Center (HO-4) Subarea, nor would it impact the dwelling units reserved for properties that are located within the Coastal Zone. Lastly, the PC-56 Development Plan includes language that would require a minimum average of 20 dwelling units per gross acre for future projects on an individual basis and a maximum average of 50 dwelling units per gross acre in aggregate throughout properties regulated by the PC-56 Development Plan. This would ensure that future development will comply with minimum and maximum densities required, while allowing for planning on a larger scale. Therefore, the Project is consistent with General Plan Policy LU 4.4 and the development limits of the General Plan. f. Land Use Element Policy LU 4.5 - Residential Uses and Residential Densities - Residential use of any property included within an established housing opportunity overlay zoning district is allowed regardless of and in addition to the underlying land use category or density limit established through Policy LU 4.1, Table LU 1 and Table LU 2, or any other conflict in the Land Use Element. A general plan amendment is not required to develop a residential use within an established housing opportunity zoning overlay district. The maximum density specified for the various overlay districts specified in Policy LU 4.4 is an average over the entire property or project site. For example, a portion of a development site may be developed at a higher density than specified by Policy 4.4 provided other portions of the site are developed at lower densities such that the average does not exceed the maximum. Density calculations and total units identified in LU 4.4 do not include units identified as pipeline units or units permitted pursuant to State density bonus law. Although Policy LU 4.5 allows residential development on Housing Overlay sites regardless of the underlying zoning district or General Plan designation, the PC-56 Development Plan is being amended to specifically allow residential development within Fashion Island, Block 100, and Block 400 to provide consistency and allow future buildout pursuant to the PC-56 Development Plan, in-lieu of the standards identified in Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts). Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 11 of 21 07-29-24 g. Land Use Element Policy LU 4.6 Continuation of Existing Development - Residential opportunities are in addition to existing uses allowed by the General Plan. Properties within the established overlay zones are not required to be developed for mixed-use or residential. Existing uses may continue to operate provided they are legally established and consistent with policies and regulations related to legal nonconforming uses. The adoption of housing opportunity overlay districts shall not affect existing rights to use the property. The PC-56 Amendment would allow for the existing underlying development rights to be maintained. In particular, the two office buildings that are currently within the OR (Office-Regional) Zoning District would be rezoned to PC-56 as part of the Project and included in Block 100 of the PC-56 Development Plan, which allows for the continuation of office uses. Further, the existing floor area of those two buildings would be captured within the PC-56 Development Plan to ensure the existing buildings remain conforming. h. Land Use Element Policy LU 6.14.4 - Development Scale. The Project reinforces the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast highway. The PC-56 Amendment to increase the height limits for Fashion Island (Major buildings and Periphery buildings), Block 100, and San Joaquin Plaza would be consistent with this policy, as the greatest building mass and height would remain concentrated to the northeasterly section of Newport Center. For Fashion Island, the modified heights would remain lower than the existing height limits for buildings In Blocks 400, 500, and 600 of the PC-56 Development Plan. For Block 100 and San Joaquin Plaza, the increased height limit of 85 feet would be consistent with other recently approved residential projects in the city. As previously stated in Fact 7, the benefits of increasing heights include accommodating density on smaller sites and/or fewer sites, increasing walkability for residents, activating the urban core of Newport Center to create a true mixed-use community, and decreasing development footprints to provide increased open space and views through developments. The proposed amendments would not impact the existing Newport Center Sight Plane, as established By Ordinance Nos. 1371, 1596, and 83-27, which maintain residential views across the southeastern portion of Newport Center. Development Agreement (Zoning Implementation and Public Benefit Agreement) The Project satisfies the requirements of Chapter 15.45 (Development Agreements) of the NBMC and California Government Code Section 65864 as follows: Findings and Facts in Support of Finding: Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 12 of 21 07-29-24 1. The DA between the City and Applicant for this area is also referred to as the Zoning Implementation and Public Benefit Agreement. The existing agreement was approved in 2007, amended in 2012, and amended and restated in 2013. The DA provides development rights in exchange for significant public benefits over a term of 20 years. The Third Amendment to the DA is requested between the City and Applicant to vest the increased residential density of 1,500 dwelling units in exchange for certain public benefits. The Third Amendment to the DA is attached hereto as “Exhibit D,” and incorporated herein by reference. The DA includes an AHIP, which will be supplemented as part of the Project to help ensure there is a commitment to furthering affordable housing production. An amendment is also necessary to incorporate two additional properties within Newport Center (100 and 190 Newport Center Drive) into the DA that were not previously included. 2. The Third Amendment to the DA includes all the mandatory elements, including terms and public benefits that are appropriate to support conveying the vested development rights consistent with the city’s General Plan, NBMC, and Government Code Sections 65864 et. seq. Affordable Housing Implementation Plan Findings and Facts in Support of Finding: 1. The Applicant has committed to assisting the City in the provision of additional affordable housing opportunities. The location, type, affordability level, design, and other details will be determined in the future as part of a site-specific project review. The AHIP is attached as Exhibit “E” to this resolution. 2. The AHIP has been prepared consistent with the provisions of Section 20.52.015 (Affordable Housing Implementation Plan) of the NBMC. Water Supply Assessment A Water Supply Assessment (WSA) has been prepared by Fuscoe Engineering, Inc. dated January 14, 2025, for the project to evaluate the water supply availability pursuant to California SB 610 adopted in 2011, Section 21151.9 of the PRC, and Section 10910 et seq. of the Water Code and as contemplated in the City’s Housing Implementation Program Final Program EIR. The WSA is attached hereto as Exhibit “F”. Findings and Facts in Support of Finding: 1. The WSA evaluates whether the total projected water supplies, determined to be available by the city or county for the project during normal, single dry, and multiple dry water years during a 20-year projection, will meet the projected water demand associated with the Project, in addition to existing and planned future uses, including agricultural and manufacturing uses Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 13 of 21 07-29-24 2. The WSA identifies all existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the Project and describes the quantities of water received in prior years by the existing water supply entitlements, water rights, or water service contracts. 3. The Utilities Department has reviewed the WSA and found it to be acceptable. Based on the facts and analysis contained in the WSA, adequate and reliable water supplies are and will be available to serve the proposed project for the next 20 years. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. Assembly Bill No. 2904 (“AB 2904”) and California Government Code Section 65854 state that an amendment to a zoning ordinance that affects the permitted uses of real property shall require notice at least 20 days prior to the public hearing with the Planning Commission. In accordance with said requirement, notice of this public hearing was given on February 8, 2025, at least 20 days prior to March 6, 2025. 2. In accordance with Section 21083.3 of the California Public Resources Code and Section 15183 of the CEQA Guidelines, the Project is consistent with the development density and use characteristics established by the City’s General Plan Housing Implementation Program as analyzed by the PEIR, and the required determinations can be made, as detailed in Exhibit “B”; therefore, the Planning Commission finds that no additional environmental review is required to approve the Project. 3. The Planning Commission of the City of Newport Beach hereby recommends approval of the Project to the City Council, including: (1) the North Newport Center Planned Community (PC-56) Development Plan amendment, attached hereto as Exhibit “C”; (2) the Third Amendment to the DA in compliance with Chapter 15.45 (Development Agreements) of the NBMC and California Government Code Section 65864 attached hereto as Exhibit “D” ; (3) the Affordable Housing Implementation Plan attached hereto as Exhibit “E”; and (4) the Water Supply Assessment, attached hereto as Exhibit “F.” Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 14 of 21 07-29-24 PASSED, APPROVED, AND ADOPTED THIS 6TH DAY OF MARCH, 2025. AYES: Ellmore, Harris, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None RECUSED: Langford and Reed BY:_________________________ Mark Rosene, Chair BY:_________________________ David Salene, Secretary Attachments: Exhibit A – Description and Depiction of Properties Exhibit B – Section 15183 Consistency Analysis prepared by T & B Planning, Inc. dated February, 2025. Exhibit C – Amendment to the North Newport Center Planned Community (PC-56) Development Plan Exhibit D – Draft Development Agreement (DA) Exhibit E – Affordable Housing Implementation Plan (AHIP) prepared by CAA Planning Inc. dated February 26, 2025. Exhibit F – Water Supply Assessment prepared by Fuscoe Engineering, Inc. dated January 14, 2025 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 15 of 21 07-29-24 Exhibit “A” Description and Depiction of Properties Applicable Accessor Parcel Numbers: 442 014 23 442 101 14 442 021 11 442 101 20 442 021 13 442 101 21 442 021 17 442 101 22 442 021 21 442 101 23 442 021 23 442 101 24 442 021 25 442 101 25 442 021 26 442 101 26 442 021 27 442 101 27 442 021 28 442 231 02 442 021 29 442 231 03 442 021 30 442 231 04 442 021 35 442 231 05 442 021 38 442 231 06 442 021 40 442 231 07 442 021 42 442 231 11 442 021 43 442 231 14 442 021 44 442 261 01 442 021 45 442 261 03 442 021 46 442 261 19 442 021 47 442 261 20 442 021 48 442 261 21 442 021 49 442 261 22 442 021 50 442 261 23 442 021 51 442 262 03 442 021 52 442 262 05 442 081 02 442 262 06 442 081 03 442 262 07 442 081 13 442 262 08 442 081 14 442 262 09 442 081 15 442 262 10 442 081 16 442 231 13 442 081 17 442 231 09 442 081 18 442 082 04 442 082 05 442 082 09 442 101 09 442 101 11 442 101 13 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 16 of 21 07-29-24 □ North Newport Center Planned Community Fashion Island Regional Center [i] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 17 of 21 07-29-24 Exhibit “B” Section 15183 Consistency Analysis Prepared by T & B Planning, Inc., dated February, 2025 File available via link due to size: https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3102630&dbid=0&repo=CNB Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 18 of 21 07-29-24 Exhibit “C” Amendment to the North Newport Center Planned Community (PC-56) Development Plan Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Development Plan Land Uses, Development Standards & Procedures Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended November 10, 2015, Ordinance No. 2015-32 (PA 2015-109) Amended___, Ordinance No. ___ (PA2024-0173) Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures North Newport Center Planned Community Development Plan iii November 10, 2015[Date] Contents I. Introduction and Purpose of Development Plan ................................................................................. 1 A. Sub-Area Purpose ............................................................................................................................. 1 B. Relationship to Municipal Code ..................................................................................................... 10 C. Relationship to North Newport Center Design Regulations ........................................................... 10 II. Land Use and Development Regulations .......................................................................................... 11 A. Permitted Uses ................................................................................................................................ 11 B. Development Limits ....................................................................................................................... 12 C. Transfer of Development Rights ................................................................................................ 1413 III. Site Development Standards ......................................................................................................... 1715 A. Permitted Height of Structures ................................................................................................... 1715 B. Setback Requirements ................................................................................................................ 1816 C. Parking Requirements ................................................................................................................ 2018 D. Landscaping ............................................................................................................................... 2119 E. Lighting ...................................................................................................................................... 2119 F. Signs ........................................................................................................................................... 2119 G. Residential Compatibility ........................................................................................................... 2623 H. Residential Open Space Requirements ....................................................................................... 2624 IV. Planned Community Development Plan Administration .............................................................. 3125 A. Process for New Structures ........................................................................................................ 3125 B. Process for New Signs ................................................................................................................ 3226 C. Transfer of Development Rights ................................................................................................ 3226 V. Definitions ..................................................................................................................................... 3529 Appendix A – Design Regulations Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures North Newport Center Planned Community Development Plan iv November 10, 2015[Date] [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 1 November 10, 2015[Date] I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub-areas that include Fashion Island, Block 600, and Block 800; and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. The sub-areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community (“PC”) Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub-areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub-Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 170.3171.46 acres along San Joaquin Hills Road and Newport Center Dr. The seven sub-areas that make up the site including Fashion Island (75 acres), Block 100 (10.76 acres), Block 400 (4 acres), Block 500 (16.3 acres and a 0.4-acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed-Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub-region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment, and residential uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub-Area, shows the boundary of Fashion Island. The Commercial Office/Residential blocks include Block 100 (Figure 3), Block 400 (Figure 4), and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 generally comprises administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 generally comprises commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. Residential uses are permitted within the Commercial Office/Residential blocks. The Mixed-Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed-Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed-Use concept as established in the General Plan. Permitted uses for the Mixed-Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU-H3 land use designation. The residential portion of Block 800 (Figure 8) allows for multi-family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed-Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub-Area, Figure 6, Block 600 Sub-Area, and Figure 7, San Joaquin Plaza Sub-Area, respectively. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 2 November 10, 2015[Date] Figure 1 – North Newport Center Planned Community □ North Newport Center Planned Community 0 Fashion Island Regional Center [i] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 3 November 10, 2015[Date] Figure 2 – Fashion Island Sub-Area D Planned Community □ Not included in Planned Community ---..... t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 4 November 10, 2015[Date] Figure 3 – Block 100 Sub Area t 0 a.. $ Q) z Drive Ci Planned Community D Not included in Planned Community t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 5 November 10, 2015[Date] Figure 4 – Block 400 Sub Area D Planned Community □ Not included in Planned Community t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 6 November 10, 2015[Date] Figure 5 – Block 500 Sub-Area .._ San Joaquin Hills Rd l /as Dr d C mmunity . □ Planne O d Community d d ·n Planne t D Not inclu e 1 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 7 November 10, 2015[Date] Figure 6 – Block 600 Sub-Area □ Planned Community D Not included in Planned Community t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 8 November 10, 2015[Date] Figure 7 – San Joaquin Plaza Sub-Area J San Joaquin Hills Rd V) 1:, Q) ::3 a:: r-t- Cl) <D <D li..... 0 -0 E co ':) San D Planned Community D Not included in Planned Community t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 9 November 10, 2015[Date] Figure 8 - Block 800 Sub-Area San Clemente Drive R D Planned Community □ Not included in Planned Community R = Residential CO = Commercial Office t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 10 November 10, 2015[Date] B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V – Definitions. The Municipal Code referred to herein for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). The Municipal Code referred to herein for Blocks 100, 400 and 800 is the version of the Code in effect on June 5, 2012 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 11 November 10, 2015[Date] II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub-area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Community Development Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed-Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub-area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Commercial Office Residential Banks/Savings and Loans P P P P P P -- P - With drive through services MUP MUP MUP MUP MUP MUP -- MUP Business, Government and Professional -- P P P P P -- P - Emergency Healthcare -- P1 P P P P -- P - Management and Leasing Offices P P P P P P -- P - Office, Medical and Dental -- P P P P P -- P - Public Safety Facilities P MUP MUP P P MUP -- P Commercial Recreation and Entertainment P UP UP MUP MUP UP -- MUP Cultural and Institutional UP UP UP P P UP -- P Day Care P P P P P P -- P Day Spas MUP MUP2 MUP2 MUP MUP MUP2 -- MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP -- P** - Bars/Cocktail Lounges MUP UP UP UP UP UP -- UP Personal Improvement MUP MUP MUP P P MUP -- P - Health/Fitness Clubs MUP P P P P P P+ P Personal Services P P1 P1 P P P1 P P Residential --P --P --P P P -- P P Retail Sales P P1 P1 P P P1 P+ P - Animal Sales and Services MUP -- -- MUP MUP -- -- MUP - Medical Retail P P++ P++ P P P++ -- P Visitor Accommodations UP UP UP UP UP UP -- UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Zoning Administrator 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code * = A Minor Use Permit Issued by the Zoning Administrator is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 12 November 10, 2015[Date] 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Dr. (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Dr. (southwest and southeast), San Joaquin Hills Road and Santa Cruz Dr. (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed-Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City’s Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right-of- way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary uses, and support uses are permitted and are not counted towards square footage development limits. Support uses are not included in the square footage development limits and shall not require parking. Development limits for residential uses are based on unit counts and are not within square footage limits. A total of 1,500 residential units may be developed on the Housing Opportunity Sites as identified in NMBC Sections 20.80.012 (Housing Opportunity Overlay Zoning Districts maps) and 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) including within Fashion Island, Block 100, Block 400, Block 600 and San Joaquin Plaza, with a minimum density of 20 dwelling units per acre. While the dwelling units are derived from the Housing Opportunity Overlay, future projects are exempt from the development and design standards of NBMC Sections 20.28.050 and 20.48.180 because this development plan contains commensurate or more restrictive development standards compared to the NBMC. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 13 November 10, 2015[Date] Table 2 – Development Limits (A) Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Total Regional Commercial 1,523,416 sq.ft. 0 0 0 0 0 0 1,523,416 sq.ft. Movie Theater 680 seats 11,000 sq.ft. 0 0 0 0 0 0 680 seats 11,000 sq.ft. Hotel (B) 0 0 0 295 0 0 295 Residential 0C 0C 0C 0 0C 245 524C 7692,269 Office/ Commercial 0 121,114 150,126 sq.ft. (C) 91,727 sq.ft. 623,525 sq.ft. (D) 1,353,399 1,310,899sq.ft. 286,166 sq.ft. 95,550 sq.ft. 2,571,481 sq.ft. A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.C and IV.C herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. Residential units are permitted in all blocks consistent with Table 1, North Newport Center Land Use Regulations table. A total of 1,500 units are permitted within the Newport Center Housing Overlay sites including Fashion Island, Block 100, Block 400, Block 600, and San Joaquin Plaza with an aggregate density not to exceed 50 dwelling units per acre. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. 1. Fashion Island 2. The total gross floor area for Fashion Island is 1,523,416 square feet plus 680 movie theater seats. The movie theater building area is equivalent to and may be converted to 11,000 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 3.1. Mixed-Use Sub-Areas The Mixed-Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 Rresidential units and 295 hotel rooms are permitted within the Mixed-Use blocks consistent with Table 2 – Development Limits. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 14 November 10, 2015[Date] 4.2. Commercial Office/Residential Blocks The maximum development limit for the commercial office/residential blocks is specified in Table 2 above. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 5.3. Block 800 Residential The maximum number of dwelling units for multi-family residential use shall not exceed 245. C. Transfer of Development Rights The transfer of development rights among sub-areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non- residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV.C below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 15 November 10, 2015[Date] [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 17 November 10, 2015[Date] III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub-area. All building heights are measured at finished grade. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural style of the building in terms of materials, design and color. Fashion Island: The maximum heights of residential structures within Fashion Island shall be 225 feet as measured from finished grade. All other building heights structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 – Fashion Island Height Limits Building Type Height Major buildings 125 feet Mall buildings 75 feet Parking structures 55 feet Periphery buildings 40 feet Block 100: The maximum height of all commercial officenonresidential structures shall be 50 feet as measured from finished grade. The maximum height of residential structures shall be 125 feet as measured from finished grade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade with the exception of 800 San Clemente Drive, located at the corner of San Clemente Drive and Santa Cruz Drive, which shall be 85 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 18 November 10, 2015[Date] 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the FAA’s Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Community Development Director and the Community Development Director shall determine conformance with the standards identified herein as part of the plan review process. c. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Community Development Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV(A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The Community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV(A)(3). B. Setback Requirements Setbacks for the seven sub-areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 19 November 10, 2015[Date] to building, parking structure, or parking lot, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. Fashion Island Newport Center Dr.: 10 feet; may be reduced to 0 feet by the Community Development Director through the plan review process. Block 100 Newport Center Dr.: 15 feet Anacapa Dr.: 15 feet Civic Center Dr.: 15 feet Block 400 Newport Center Dr.: 15 feet San Nicolas Dr.: 15 feet Block 500 Newport Center Dr.: 15 feet Santa Rosa Dr.: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Dr.: 15 feet Santa Cruz Dr.: 15 feet San Simeon: 15 feet – setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process San Joaquin Hills: 15 feet – setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process Santa Rosa Dr.: 15 feet Center Dr. (e/w): 0 feet Center Dr. (n/s): 0 feet Block 800 Newport Center Dr.: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Dr.: 15 feet San Clemente Dr.: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz Dr.: 15 feet San Clemente: 15 feet Santa Barbara Dr.: 15 feet Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 20 November 10, 2015[Date] C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary, and support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet1 Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 1.1 spaces per unit bedroom, inclusive of guest parking, includeings 1 covered space per unit; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking. Studio units are counted as one bedroom Other Municipal Code Shared parking among and between sites, lots, blocks, and sub-areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub-areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant’s 1 The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 21 November 10, 2015[Date] expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. D. Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed-free condition, free of litter and so as not to interfere with traffic safety 1. Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24-inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best management practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle average on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Community Development Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of-ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Community Development Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed-out letters in an opaque background. Enclosed “box” or “can” signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special events, holiday activities, and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 22 November 10, 2015[Date] accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. c. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 – Fashion Island Sign Standards Sign Type Location Maximum Number Maximum Sign Size Maximum Letter/ Logo Height Shopping Center Identification Sign Each vehicle entry drive location 2 per entry drive (one on each side) 100 square feet 10 feet high 9 feet Major Tenant Sign Exterior walls or parapets of buildings 1 sign per building elevation (maximum 4 signs for each major tenant) Determined by name of tenant; letter/logo height not to exceed 10 feet 10 feet Freestanding Commercial Exterior walls or parapets of buildings 1 sign per building elevation (maximum 4 signs for each building or structure) Determined by name of tenant; letter/logo height not to exceed 3 feet 3 feet Monument 1 per building elevation (maximum 4) 50 100 square feet 5 8 feet high 4.5 feet Tenant Sign Exterior elevations of shopping center and parking structures facing Newport Center Dr. 1 sign per tenant, per building elevation 1 square foot per each lineal foot of storefront (not to exceed 100 square feet) 10 feet Theater Signs Facing Newport Center Dr. (exterior wall or parapet of building which theater occupies, free standing, or on adjacent parking structure) 2 300 square feet 20 feet high Theater name: 5 feet Each show title: 3 feet high 15 feet wide Digital Monument Sign Facing Newport Center Drive (freestanding) 2 200 square feet 15 feet high 5 feet Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Community Development Director 7 signs 36 square feet (with 2- foot overhang) 15 feet high 2 feet Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 23 November 10, 2015[Date] 4. Sign Standards for Mixed-Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed-Use blocks, Block 100, Block 400, and Block 800 are provided in Table 7 below. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Dr., which have their primary address numbers on the cubes along Newport Center Dr. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 – Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Sign Type Description Location Maximum Number of Signs Maximum Sign Size Maximum Letter/ Logo Height A Large cube or blade sign located at entries to Newport Center Santa Rosa Dr. at San Joaquin Hills Rd. 2 (1 per corner) 15 feet high 15 feet wide 24 inches Santa Cruz Dr. at San Joaquin Hills Rd. 2 (1 per corner) 15 feet high 15 feet wide 24 inches Block 500: San Joaquin Hills Rd. at Avocado Ave. 4 15 feet high 15 feet wide 24 inches San Nicolas Dr. at Avocado Ave. MacArthur Blvd. at San Joaquin Hills Rd. San Joaquin PlazaVillas Fashion Island: Jamboree Rd. at San Joaquin Hills Rd. 1 15 feet high 15 feet wide 24 inches B Small cube located along Newport Center Dr. San Nicolas Dr. at Newport Center Dr. 2 (1 per corner) 5 feet high 5 feet wide 5 inches24 inches/48 inches Newport Center Dr. and Santa Rosa Dr. 2 (1 per corner) 5 feet high 5 feet wide 5 inches24 inches/48 inches Block 600: Along Newport Center Dr. 5 5 feet high 5 feet wide 5 inches24 inches/48 inches Block 800: Newport Center Dr. at Santa Maria Rd. 2 5 feet high 5 feet wide 5 inches24 inches/48 inches Newport Center Dr. at Santa Barbara Dr. C Other Freestanding Signs Block 100 1 per frontage 85 feet high 2810 feet wide 10 inches36 inches/48 inches Block 400: Avocado Ave. at San Miguel Dr. 2 5 feet high 13 inches Along San Nicolas Dr. 1 6 feet wide 13 inches Between 500 and 550 Newport Center Dr. 1 4 feet high 12 feet wide 18 inches Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 24 November 10, 2015[Date] Sign Type Description Location Maximum Number of Signs Maximum Sign Size Maximum Letter/ Logo Height Block 600: Along Santa Cruz Dr. 2 87 feet high 2822 feet wide 18 inches36 inches/48 inches Block 800: Along Newport Center Dr. 2 86 feet high 2810 feet wide 8 inches36 inches/48 inches Along Santa Barbara Dr. 12 84 feet high 286 feet wide 365 inches/ 4824 inches Santa Cruz Dr. at Newport Center Dr. 1 815 feet high 2815 feet wide 24 inches36 inches/48 inches San Joaquin PlazaVillas Fashion Island: Along San Joaquin Hills Rd. 21 each (3 signs along San Clemente Dr.) 86 feet high 2812 feet wide 36 inches/48 inches5½ inches for Tenant ID; 18 inches for Project ID Along Santa Cruz Dr. Along San Clemente Dr. San Clemente Dr. at Santa Cruz Dr. 1 85 feet high 2812 feet wide 36 inches/48 inches18 inches San Clemente Dr. at Santa Barbara Dr. 1 85 feet high 2816 feet wide 36 inches/48 inches18 inches D Signs mounted on landscape walls (includes ground mounted signs in front of landscaping and landscape walls) Block 400: Facing Newport Center Dr. 1 Determined by name of tenant; letter/logo height not to exceed 18 inches 18 inches Block 500: Facing Newport Center Dr. 4 Determined by name of tenant; letter/logo height not to exceed 4826 inches 36 inches/48 inches26 inches Block 600: Facing streets 3 facing San Joaquin Hills; 5 facing Newport Center Dr.; 1 facing Santa Rosa Dr. Determined by name of tenant; letter/logo height not to exceed 4818 inches 36 inches/48 inches18 inches Block 800: At San Clemente Dr. project entry 2 Determined by name of tenant; letter/logo height not to exceed 4836 inches 36 inches/48 inches36 inches Block 800: San Clemente Dr. at Santa Barbara Dr. 1 Determined by name of tenant; letter/logo height not to exceed 36 48 inches 36 inches/48 inches36 inches Block 800 Along Newport Center Dr. 12 Determined by name of tenant; letter/logo height not to exceed 40 48inches 36 inches/48 inches40 inches E Building Sign On building elevation, awning or parking structure 2 per Primary Tenant 1 per Secondary Tenant 3 for restaurants Determined by name of tenant; letter/logo height not to exceed: Primary: 24 inches, Secondary: 16 inches Restaurant: 40 inches Primary Tenant: 24 inches Secondary Tenant: 16 inches Restaurant: 40 inches Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 25 November 10, 2015[Date] Sign Type Description Location Maximum Number of Signs Maximum Sign Size Maximum Letter/ Logo Height F Building Address On building elevation 1 each (additional address signs may be located where appropriate for on-site orientation) 24 inches high 24 inches G Freestanding Building Address Santa Rosa Dr. at Newport Center Dr. 1 each 8 feet high 6 feet wide 18 inches Santa Nicolas Dr. at Newport Center Dr. Santa Cruz Dr. at Newport Center Dr. San Joaquin Hills Rd. 2 8 feet high 6 feet wide 28 inches H Advisory Signs Parking lots and entries to parking lots As appropriate for safety and orientation 6 feet high As required by Fire Department or Building Code for safety purposes I Drive Through Signs Drive throughs 1 per tenant per elevation, up to 2 on walls of structure 8 feet wide 15 inches J Apartment Leasing Signs Block 800Apartment Projects 1 per frontage 75 feet high by 73 feet wide panel on post 24 inches K Office Leasing Signs Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza 1 per frontage 4.5 feet high by 5 feet wide 7 inches 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under development or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60- day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same corner of the building. Type: Single- or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 26 November 10, 2015[Date] G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed-Use sub-areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City’s Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed-Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors, and similar occurrences in a Mixed-Use setting as compared to suburban residential areas. H. Residential Open Space Design Requirements Residential Design Requirements contained herein shall apply to the Housing Opportunity Sites as identified in NMBC Sections 20.80.012 (Housing Opportunity Overlay Zoning Districts maps) and 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) including within Fashion Island, Block 100, Block 400, Block 600 and San Joaquin Plaza. Primary Building entries shall face the primary public street with direct pedestrian connections to the public sidewalks, unless determined to be infeasible due to topographic constraints by the Director. Pedestrian connections to the public sidewalks shall also be provided to parking areas and publicly accessible open space. For larger sites with multiple buildings, building entries may also be oriented to face internal open spaces, paseos, and recreation amenities. Parking areas, covered and uncovered, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. 1. The following open space standards shall apply to residential development projects: 1. Parking Lots and Structures Parking lots and structures shall comply with standards specified in NBMC Section 20.40.070 and the following. a. Parking lots shall be placed to the side or rear of buildings. Parking lots shall be connected to building entrances by means of internal pedestrian walkways. b. In surface parking lots with ten (10) or more spaces, a minimum of fourteen (14) square feet of landscape area shall be provided per parking space. Landscaping may be provided in parking lot planters and/or for perimeter screening. c. Parked vehicles at each level within a parking structure shall be shielded from view from adjoining streets. d. The exterior elevations of parking structures shall be designed to minimize the use of blank concrete facades. This shall be accomplished through the use of decorative textured concrete, planters or trellises, or other architectural treatments. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 27 November 10, 2015[Date] e. Except for garage entrances, structured parking shall not be visible from the primary streets or any public open space, unless treated in an architectural manner subject to the approval of the Director. 2. Landscaping A minimum of eight percent of the total site shall be landscaped. Required setbacks and parking lot landscaping may be counted toward this requirement. Turf areas shall be placed in areas for recreational use only and must have a ten (10) foot minimum dimension. All landscaping shall comply with all standards as specified in NBMC Chapter 20.36. 2.3. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area and including the following. The required front yard area shall not be counted toward satisfying the common recreation area requirement. Residential unit entries shall be within a quarter mile walking distance of common open space. Pedestrian walkways shall connect the common open space to a public right-of-way or building entrance. Open space areas shall not be located directly next to arterial streets, service areas, or adjacent commercial development to ensure they are sheltered from the noise and traffic of adjacent streets or other incompatible uses. Alternatively, a minimum of ten (10) foot wide, dense landscaping area shall be provided as screening, but does not count towards the open space requirement. An area of usable common open space shall not exceed an average grade of ten (10) percent. The area may include landscaping, walks, recreational facilities, and small decorative objects such as artwork and fountains. All common open spaces shall include seating and lighting. 3.4. Common Indoor SpaceRecreation Amenities Each project shall provide at least one recreational amenity for each fifty (50) units or fraction thereof. Facilities that serve more people could be counted as two amenities.community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. Examples of amenities that satisfy the recreational requirements include: a. Clubhouse or lounge at a minimum of seven hundred fifty (750) square feet. b. Swimming pool at a minimum of fifteen (15) by thirty (30) feet or equal surface area. c. Tennis, basketball or racquetball court. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 28 November 10, 2015[Date] d. Children’s playground at a minimum of six hundred (600) square feet. e. Sauna or jacuzzi. f. Day care facility. g. Community garden. h. Fitness facility i. Co-working spaces j. Other recreational amenities deemed adequate by the Director. 5. Utilities All utility equipment shall be located out of the pedestrian path of travel. All utility equipment shall be purposefully and aesthetically placed adjacent to alleyways, within parking areas, rear or side yards, or within building “notch outs” and screened from public view. If the mechanical equipment cannot be placed in rear or side yards, it shall be either placed on the ground and screened with landscape or placed on the roof and screened with architectural materials such as roof or parapet consistent with the overall architectural style. All electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room. If a utility room is not feasible, then all utility equipment shall be purposefully designed as an integral part of the building development, placed adjacent to alleyways, within parking areas, or within rear or side yards, and screened from public view. 6. Private Streets Private streets shall be designed to foster a low speed, multi-modal internal site circulation network. Streets shall provide a limited amount of curbside parking for visitors, loading, service, and accessible ADA spaces. The streets shall be designed as an amenity for the site, including surface treatments and landscaping similar in character and quality to any paseos or common open space. All new multi-unit development sites that provide private streets shall comply with a minimum width right-of-way standard. When on-street parallel parking is not provided, the right-of-way width shall be forty-one (41) feet in width. When on-street parallel parking is provided, the right-of-way width shall be fifty (50) feet in width. Streets shall be twenty-six (26) to thirty-five (35) feet in width from curb to curb designed to provide motor vehicle and bicycle access. All police and fire emergency and maintenance vehicle access standards shall be met. Parallel curbside parking shall be permitted within roadways. Angled or head-in parking shall be prohibited. A minimum of one sidewalk, five feet wide, shall be provided. When on-street parking is provided, the sidewalk shall be on the side of street with parking. Shrubs, ground cover, and street trees are prohibited within the 5-foot sidewalk area. There shall be a minimum of five feet for a landscaping and paving area intended to provide a transition between the street and private residences. Landscaping shall comprise a minimum of twenty (20) percent of the total building frontage(s) area. Landscape planting beds shall have a minimum width of three feet. Paving stone, brick or concrete unit pavers or poured-in- place concrete with integral color pigments is permitted in the zone. Steps are permitted to above-grade first floor entrances. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 29 November 10, 2015[Date] 4.7. Private Open Space 5. At least 5025% of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. 8. Buildings in 30+ Dwelling Unit Per Acre Minimum Base Density Buildings shall be designed to foster passive “eyes on the street” surveillance of the public realm by providing an adequate number of clear and direct sightlines between first floor residences and adjacent public realm sidewalks and common areas without compromising residential livability, privacy, and security. For multiunit buildings with commercial first floor uses, the standards are intended to provide a greater amount of visibility of merchant goods and services for potential walking, rolling, or driving-by clients or customers. For all buildings, the standards apply only to portions of the first floor that contain residential or commercial conditioned/occupied floor areas fronting streets and common open space. Any at-grade or above-grade residential first floor unit fronting a street or paseo shall be comprised of twenty-five (25) percent transparent glazed door and window openings. Individual residential unit entrances shall have walkway, ramps, and stairs connecting to a public sidewalk shall be a minimum of five feet in width. Entry terraces and patio areas shall be a minimum of forty (40) square feet. If proposed, entry stoops shall be a minimum of twenty (20) square feet excluding any required stairs or ramp area. Lobby entries should be located along street frontages to foster pedestrian neighborhood access and street oriented activity. Unobstructed sight lines and pedestrian access from the public sidewalk shall be provided. Lobby entrances shall be located at-grade, unless determined not feasible by the Director. Residential and commercial lobby entrances shall be accessed directly from the adjacent public realm. First floor entry standards do not apply to service and loading entrances. a. No lobby door setback is required. b. Minimum entry sidewalk width, where entries are set back, walkway width connecting to the sidewalk zone shall be a minimum of six feet. c. Entry landing area shall be a minimum of sixty (60) square feet. d. Lobby entrance primary entries are prohibited from driveways, at-grade parking lots, parking structures, or alleys unless required due to topographic conditions. 6. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 31 November 10, 2015[Date] IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Community Development Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Community Development Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City’s submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor plans c. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section 0. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code Chapter 20.64 (Appeals). North Newport Center Planned Community Development Plan 32 November 10, 2015[Date] 3. Review and Action Submittals shall be reviewed by the Community Development Director, and the Community Development Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code Chapter 20.64 (Appeals). 4. Traffic Study If a development proposal requires the preparation of a traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal Code, the review authority shall be the City Traffic Engineer, and said traffic study shall be included in the Plan Review Submittal. If the City Traffic Engineer, in his or her discretion, determines that construction of the project will be completed within sixty (60) months of project approval and that, either, the project will neither cause nor make worse an unsatisfactory level of traffic service at any impacted primary intersection, or the project including circulation improvements that the project proponent is required to make and/or fund, pursuant to a reimbursement program or otherwise, will neither cause nor make worse an unsatisfactory level of traffic service at any impacted intersection as set forth in Section 15.40.030(B)(1)(a) or Section 15.40.030(B)(1)(b) (Findings for Approval) of the Municipal Code, the City Traffic Engineer may serve as the review authority for approval of the traffic study. The Community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. 1. The project applicant shall submit an application to the Community Development Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE’s “Trip Generation,” unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section 0. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code Chapter 20.64 (Appeals). North Newport Center Planned Community Development Plan 33 November 10, 2015[Date] 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that “unsatisfactory level of service” shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Community Development Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 16.1765 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Community Development Director. 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section 0. The Community Development Director action is the final action unless appealed in accordance with the Municipal Code Chapter 20.64 (Appeals). North Newport Center Planned Community Development Plan 34 November 10, 2015[Date] [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 35 November 10, 2015[Date] V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check-cashing services. Drive- through or drive-up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: - Licensed as a “public premises” by the California Department of Alcoholic Beverage Control. - Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 4034. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 36 November 10, 2015[Date] Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: - arcades or electronic games centers having three or more coin-operated game machines - bowling alleys - billiard parlors - cinemas - ice/roller skating rinks - live entertainment - pool rooms - tennis/racquetball courts - theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 37 November 10, 2015[Date] Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: - eye exam, eyeglass/contact lens sales - skin treatments - body scanning - dental enhancement treatments Minor Use Permit: Use permit issued by the Zoning Administrator. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Dr. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: - barber and beauty shops - clothing rental shops - dry cleaning pick up store with limited equipment - dry cleaning with no on-site equipment - home electronics and small appliance repair - postal services - locksmiths - self-service laundries - shoe repair shops - tailors and seamstresses - tanning salons - printing & duplicating - travel agencies/services - nail salon Podium Level: A superposed terrace conforming to a building’s plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 38 November 10, 2015[Date] Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non-durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: - antiques - appliances - artists supplies - automotive accessories (no installation) - animal sales and services - bakeries - bicycles - books - cameras and photographic supplies - carpeting and floor covering - clothing and accessories - convenience markets/stores - department stores - drug and discount stores - dry goods - electronic equipment (including automotive installation) - food and beverages - gift shops - handcrafted items - hardware - hobby materials - jewelry - real estate information center - luggage and leather goods - medical supplies and equipment - musical instruments, parts and accessories - office supplies - paint and wallpaper - pharmacies - shoe stores - specialty shops - sporting goods and equipment - supermarkets - tobacco - toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 4034. Secondary Tenant: A small tenant; not the primary tenant of an office building. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 39 November 10, 2015[Date] Senior Citizen Housing: A residential development for senior citizens (i.e., persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code §51.3(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses designed, oriented, and intended to primarily serve building, block, and proximate sub-area occupants and users. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 40 November 10, 2015[Date] Graphic 1, Example of Building Height and Rooftop Appurtenances MECHANICAL PENTHOUSE ELEVATOR OVERUN ~--~----------- 1 _ .....3-_____ TOP OF PARAPET --------~F_OtlA~T OGG.UP ED SPACE I-I C) UJ I C) z 0 _J :::> co NOTE: In no instance shall any part of the building, including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 NORTH NEWPORT CENTER DESIGN REGULATIONS Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 I. Introduction ......................................................................................................................................... 1 A. Purpose of Design Regulations ........................................................................................................ 1 B. Newport Center Design Framework ................................................................................................. 1 C. North Newport Center ...................................................................................................................... 4 II. Design Regulations ............................................................................................................................. 7 Using these Regulations ............................................................................................................................. 7 A. Building Location and Massing........................................................................................................ 7 1. Site Planning Elements .......................................................................................................... 7 2. Building Envelope .................................................................................................................. 8 3. Building Character and Style ................................................................................................. 9 4. Building Materials and Colors ............................................................................................. 12 5. Parking Structures ................................................................................................................ 12 B. Landscape ....................................................................................................................................... 13 1. Overall Landscape ................................................................................................................ 13 2. Perimeter and Street Landscape ........................................................................................... 14 3. Parking Lot Landscape ......................................................................................................... 16 4. Internal Landscape ............................................................................................................... 16 C. Circulation ...................................................................................................................................... 17 1. Streets and Pedestrian Activity ............................................................................................ 17 2. Service and Emergency ........................................................................................................ 20 3. Parking Lots ......................................................................................................................... 21 D. Orientation and Identity .................................................................................................................. 22 1. Gateways and Entrances ...................................................................................................... 22 2. View Corridors ..................................................................................................................... 23 3. Landmarks ............................................................................................................................ 24 4. Signage ................................................................................................................................. 25 5. Lighting ................................................................................................................................ 32 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 1 November 10, 2015 I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations may be achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defined in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600-acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: 1. Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in “blocks” and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character Aerial view of bluff (circa 1960) Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 2 November 10, 2015 Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 3 November 10, 2015 General Plan Policies Newport Center The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. • Development Scale: Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. • Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Dr., establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Dr. with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed-Use District and Neighborhood The following policies from the Land Use Element are City-wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. • Mixed-Use Buildings: Require that Mixed-Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: - Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts - Visual and physical integration of residential and non-residential uses - Architectural treatment of building elevation and modulation of their massing - Separate and well-defined entries for residential units and non-residential businesses - Design of parking areas and facilities for architectural consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontages but integrate landscape into interior courtyards and common open spaces Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 4 November 10, 2015 • Mixed-Use Building Location and Size of Non-Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed-Use buildings be occupied by retail and other compatible non-residential uses, unless specified otherwise by policies for a district or corridor. • Parcels Integrating Residential and Non-Residential Uses: Require that properties developed with a mix of residential and non-residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi-family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses, and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non- residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. • Districts Integrating Residential and Non-Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non-residential uses to prevent fragmentation and assure each use’s viability, quality, and compatibility with adjoining uses. Aerial of Newport Center – 2007 C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and 800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 5 November 10, 2015 community retail center. Adjacent uses within Newport Center are office buildings, an apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed-use district that features an open-air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree-lined streets and sidewalks, within a master planned environment featuring a consistent landscape. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 6 November 10, 2015 [this page intentionally blank] Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 7 November 10, 2015 II. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location, and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form, which generally consists of buildings that are organized orthogonally to create pedestrian-friendly courtyards and promenades that visually link the buildings into clusters, as seen in the diagrams below. Pedestrian promenade at Pedestrian courtyard at Building interface at Fashion Island 550 Newport Center Dr. San Joaquin Plaza Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 8 November 10, 2015 b. In Mixed-Use sub-areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. c. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed-Use sub-areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains, and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. e. New buildings should be arranged to provide convenient access to entrances and efficient on-site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses. Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and developing shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged. Example of resident open space Example of office courtyard 2. Building Envelope a. New buildings should respect the existing development scale, which generally consists of high-rise buildings (10+ stories) clustered along the northerly section at the highest point in Newport Center. Mid-rise office buildings (5-10 stories), low-rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Highway. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 9 November 10, 2015 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed-use sub-areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. c. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short-lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof-mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from the street. The height of rooftop appurtenances shall not exceed the height of the screening. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right-of-ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right-of-ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. h. Avoid long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. j. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 10 November 10, 2015 Example of appropriate high-rise Example of straight forward geometry and architecture expression of floor levels Examples of classically inspired architecture Example of appropriate low-rise form Example of retail storefront visibility to pedestrians Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 11 November 10, 2015 Example of architectural feature Example of architectural feature Example of building height measurement on sloping terrain (Not to Scale) MECHANICAL PENTHOUSE ELEVATOR OVERUN ROOF OF LAST OCCUPIED SPACE Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 12 November 10, 2015 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid- rise roofs. c. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. e. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example of appropriate retail finishes Example of appropriate low-rise finishes 5. Parking Structures a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. c. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Dr. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f. The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. h. Vehicular entries for non-residential parking structures should be obvious and inviting. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 13 November 10, 2015 i. Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. Block 600 parking structure demonstrating West parking structure at Fashion Island rectangular form and vines to soften visual demonstrating rectangular form and varied impact landscape to soften visual impact B. Landscape Intent The intent of the landscape standards is to ensure that new commercial and residential development preserves and enhances the existing landscape character of North Newport Center. 1. Overall Landscape a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought-tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low-flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. c. The landscape palette should consist of two distinct groups of plant materials: - Accent planting, including palms, cypress, and color accents - Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. e. Planting should be organized in layers of plant size and variety such as flowering, cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 14 November 10, 2015 Example of appropriate landscape variety Example of layering principles complementing the building form Example of vertical and horizontal plant forms 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub-areas and along streets of new commercial and residential development should complement the street tree pattern, enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures. b. Existing trees along public streets should be preserved, and new trees should be installed to fill in gaps. c. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 15 November 10, 2015 Newport Center Dr. landscape variety San Nicolas landscape showing screening of parked cars San Joaquin Hills Road landscape Landscape adjacent to 888 San Clemente parking structure Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 16 November 10, 2015 3. Parking Lot Landscape a. New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. c. Evergreen hedges should be used to screen parked cars. Fashion Island parking lot tree placement San Joaquin Plaza evergreen hedges that screen parked cars 4. Internal Landscape a. New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Example of trees adding variety to Example of landscaping creating strong pedestrian experience visual continuity Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 17 November 10, 2015 C. Circulation Intent The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. c. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Dr. and pedestrian connections to/in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub-area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Dr. and the retail core of Fashion Island. f. Amenities such as benches, plazas and other pedestrian-oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. h. New benches, street trees, directional signs, trash receptacles, and exterior lighting are encouraged in the public right-of-ways to reinforce pedestrian activity. i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Pedestrian walkway from Newport Example of pedestrian amenities Center Dr. to Fashion Island Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 18 November 10, 2015 Example of pedestrian connectivity to the street Example of the crescent walk design (between 500 and 550 Newport Center Dr.) framework Pedestrian amenities in Fashion Island Example of pedestrian oriented enhancement Pedestrian amenity in Fashion Island Storefront interface with pedestrians Example of a strong pedestrian pathway Fashion Island paseo Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 19 November 10, 2015 -Crescent Walk -Vehicular Circulation -Pedestrian Connection to Fashion Island Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 20 November 10, 2015 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic. c. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf-block may be used in landscape areas where fire access is necessary. e. Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. Fashion Island loading dock Fashion Island loading dock Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 21 November 10, 2015 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. c. Convenient, well-marked, and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. Pedestrian entrance from surface parking at Well-defined pedestrian walkway in 500/550 680 Newport Center Dr. demonstrating flow Newport Center Dr. parking lot from parking to building Well-defined walkway from Newport Center Dr. into Fashion Island at San Nicolas Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 22 November 10, 2015 D. Orientation and Identity Intent The intent of the standards for orientation, identity, and safety is to ensure that new commercial and residential development promotes wayfinding for residents and visitors, strengthens North Newport Center’s sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the “landscape corners” should be retained. San Joaquin Hills Road and Jamboree Road San Joaquin Hills Road and MacArthur San Joaquin Hills Road and Santa Cruz Dr. San Joaquin Hills Road and Santa Cruz Dr. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 23 November 10, 2015 2. View Corridors a. New development should preserve views of major retail tenants in Fashion Island from Newport Center Dr. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility Fashion Island major tenant visibility Balconies at 888 San Clemente featuring ocean views Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 24 November 10, 2015 3. Landmarks a. As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance wayfinding. The Island Hotel as a landmark building Wind chime as a landmark at Macy’s Palms as a landmark at the southern entry into Fashion Island Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 25 November 10, 2015 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. c. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfinding signs should be unified within each sub-area. f. Simplicity and legibility are encouraged. g. Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally-illuminated, halo-illuminated, externally illuminated, or non- illuminated. j. Sign types A-K and their corresponding locations are shown on the following pages. Project identification sign Business identification sign Directional sign Temporary signs mounted on construction fence Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 26 November 10, 2015 Sign A – Large Cube or Blade Sign (existing signs as of June 2015) A2 A3 A4 A5 A1 A6 A8 A7 ~ 500·520 =: 550 I Newport Center Dr I lrviH C.■puy ... 500·520 550 ....,..c..rDr Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 27 November 10, 2015 Sign B – Small Cube (existing signs as of June 2015) B1 B2 B3 B4 B5 B8 B6 B9 B7 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 28 November 10, 2015 Sign C - Freestanding Signs (existing signs as of June 2015) C3 C8 C9 C10 C2 C15 C1 C14 C20 C13 C21 C17 C12 C11 / Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 29 November 10, 2015 Sign D – Landscape Walls (existing signs as of June 2015) D4 D5 location D6 location D8 D3 D9 D2 D11 D1 D11 D14 D12 D11 - ~--. 7h• .•. (}fony /"I.. ·--• ---; ....... ~ •,. )J "'.,. \, .;-•h •'I.-:<:•,• ~,..-~• ... •~" '•' ' C11YNATIONAL8ANK • . . I -, .. . . ~ -.,,,. ...... ~ _..,.... -... : . : _. BANC OF CALIFORNIA Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 30 November 10, 2015 Sign E, F, G, H, I and J – Miscellaneous Signs (existing signs as of June 2015) Sign E – Building Sign* Sign F – Building Address* Sign G – Freestanding Building Address Sign H – Advisory Signs* G1 G2 Sign I – Drive Through Signs (none) Sign J – Apartment Leasing Signs J2 J1 *Photographs of Sign Types E, F, and H are provided for reference purposes. A full inventory of those signs is not provided herein. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 31 November 10, 2015 Sign K – Office Leasing Signs (existing signs as of June 2015) K5 K7 K9 K4 K11 K12 K10 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 32 November 10, 2015 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub-area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. c. Light fixtures should not cast off-site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. ATM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights, pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 Non-glare producing lights at 888 San Clemente Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 19 of 21 07-29-24 Exhibit “D” Draft Development Agreement (DA) A draft was not available at the time of publishing and will be provided the week of March 3rd, 2025 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C FIECORDING REQUESTED BY FIRST AMERICAN TITLE COMPANY NATIONAUCOMMERCIAL SERVICES COMMERCIAUINDUSTRIAL DIVISION tJC'.$-041.D'lD<o-½\-\ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663-3884 Attn: City Clerk Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk-Recorder II 11 111111111111 11111111 * $ R O O O 5 6 5 4 1 5 2 $ 2013000137475 9:42 am 03/06/13 117 404A17 25 0.00 0.00 0.00 0.00 72.00 0.00 0.00 0.00 II NO FEE * (Space Above This Line Is for Recorder's Use Only) This Amendment is recorded at the request and for the benefit of the City of Newport Beach and is exempt from the payment of a recording fee pursuant to Government Code§§ 6103 and 27383. AMENDED AND RESTATED AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT between CITY OF NEWPORT BEACH and THE IRVINE COMPANY LLC CONCERNING ADDITION OF PROPERTIES AND RESIDENTIAL UNITS TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (PORTIONS OF NEWPORT CENTER BLOCKS 100, 400 AND 800 AND SAN JOAQUIN PLAZA) Page I of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C AMENDED AND RESTATED AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT THIS AMENDED AND RESTATED AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT (the "Amendment") is executed thisili_th day of February, 2013, by and between: (1) CITY OF NEWPORT BEACH ("City"), and (2) THE IRVINE COMP ANY LLC ("Landowner") (Landowner and City together shall be referred to as "Parties"). RECITALS 1. This Amendment is a new document that continues in effect the existing Amendment to Zoning Implementation and Public Benefit Agreement ("Existing Amendment") which was approved on August 14, 2012, became effective on September 13, 2012, and was recorded in the Official Records of the County of Orange on August 31, 2012, as Document Number 2012000508849. Through a clerical error, the Existing Amendment was recorded without its accompanying exhibits. To correct this clerical error, this Amendment has been prepared and signed by the Parties. This Amendment is identical in every way to the Existing Amendment, but for this Recital 1, the new signatures of the Parties, and the attached exhibits on the recorded copy of this Amendment. 2. City and Landowner entered into Development Agreement No. DA 2007-002, entitled Zoning Implementation and Public Benefit Agreement Between the City of Newport Beach and The Irvine Company LLC Concerning North Newport Center (Block 600, Fashion Island, and Portions of Block 500, and San Joaquin Plaza), ("2007 Development Agreement"), which the City of Newport Beach adopted by Ordinance No. 2007-21 on December 18, 2007. The 2007 Development Agreement provides for the Landowner's entitlement and transfer rights within the North Newport Center Planned Community (PC- 56). 3. This Amendment is intended to be an amendment pursuant to Calif omia Government Code Section 65868. This Amendment has been considered and approved in the same manner as the 2007 Development Agreement with public hearings pursuant to California Government Code Section 65867. 4. The 2006 City of Newport Beach General Plan ("General Plan") established a development intensity of 450 residential units within the Newport Center Statistical Area Ll sub-areas designated MU-H3, including Block 500, Block 600, and San Joaquin Plaza. The North Newport Center Planned Community has been assigned 430 such residential units, which could be built in any of the sub-areas of the North Newport Center Planned Community designated MU-H3. As of the Effective Date of this Amendment, fifteen such residential units within the General Plan have not been vested or assigned to a specific property. In light of market demand in the North Newport Center Planned Community, the Parties have decided to assign such residential units to San Joaquin Plaza. Page 2 of25 • Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 5. As of the Effective Date of this Amendment, 79 unbuilt hotel rooms were assigned by the General Plan to Block 900 (Anomaly Location 43 in Statistical Area Ll), located outside of the North Newport Center Planned Community. In light of existing development needs in Block 900 and the North Newport Center Planned Community, the Parties desire to convert such 79 unbuilt hotel rooms into 79 residential units. Subsequent to such conversion and pursuant to the terms of this Amendment, such 79 residential units shall transfer into the North Newport Center Planned Community and be allocated to San Joaquin Plaza sub-area. 6. Subsequent to the original adoption of the North Newport Center Planned Community in 2007, Block 800 and the portions of Blocks 100 and 400 have been added to the North Newport Center Planned Community through subsequent amendments. The legal descriptions of Newport Center Block 100, Newport Center Block 400, and Newport Center Block 800 are attached hereto as Exhibit A. 7. In light of the time that has passed since the adoption of the 2007 Development Agreement and the actions described above, the Parties have decided that portions of the 2007 Development Agreement should be amended to include 94 new residential units in the North Newport Center Planned Community, which include the 79 hotel units and the 15 residential units, and the addition of the Block 800 and the portions of Block 100 and 400, which have been added into the North Newport Center Planned Community. 8. This Amendment is consistent with the City of Newport Beach General Plan Policy LU 6.14.8, which applies to Newport Center and requires the execution of development agreements for residential projects and mixed-use development projects with a residential component. 9. The City Council has found, based on appropriate findings as required by the City of Newport Beach General Plan Policy LU 6.14.3 and the analysis included in the North Newport Center San Joaquin Plaza TPO Traffic Analysis (May 2012), that the inclusion of the 94 additional residential units in the San Joaquin Plaza sub-area of the North Newport Center Planned Community would not result in adverse traffic impacts. 10. The City Council has evaluated the potential environmental impacts of this Amendment and has determined that any potential impacts have been analyzed pursuant to the Final Environmental Impact Report for the City of Newport Beach General Plan 2006 Update (State Clearinghouse No. 2006011119), the North Newport Center Addendum (Addendum No. 1), and the second Addendum (Addendum No. 2) to the City ofNewport Beach General Plan 2006 Update Final Program Environmental Impact Report (State Clearinghouse No. 2006011119). There are no circumstances present that would require a new, subsequent or supplemental environmental impact report for this Amendment, under the provision of the California Environmental Quality Act. 11. On July 5, 2012, City's Planning Commission held a public hearing on this Amendment, made findings and determinations with respect to this Amendment, and recommended to the City Council that the City Council approve this Amendment. Page 3 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 12. On July 24, 2012, the City Council also held a public hearing on this Amendment and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, Landowner and members of the public. On August 14, 2012, pursuant to the applicable state law (California Government Code sections 65864-65869.5) and local law (City of Newport Beach Municipal Code chapter 15.45), the City Council adopted its Ordinance No. 2012-20 finding this Amendment to be consistent with the City of Newport Beach General Plan and approving this Amendment. AGREEMENT NOW, THEREFORE, City and Landowner agree as follows: 1. Property. The Parties hereby amend the term "Property" to add to its existing definition Newport Center Block 800 and the portions of Blocks 100 and 400, which are the parcels of real property that are described in the legal description attached to this Amendment as Exhibit A and depicted on the site map attached to this Amendment as Exhibit B, ("Added Property"). All of the Added Property is owned by the Landowner. 2. Development Regulations. The following Development Regulations (as defined in Section 1.9 of the 2007 Development Agreement) shall apply: 2.1. Newport Center Block 600 and the portions of Block 500, San Joaquin Plaza, and Fashion Island covered by this Agreement shall remain governed by the Development Regulations in effect as of the Effective Date of the 2007 Development Agreement, as set forth in Section 1.9 of the 2007 Development Agreement, with the exception that the North Newport Center Planned Community Development Plan that the City Council is adopting pursuant to Ordinance No. 2012-19, shall apply. 2.2. Newport Center Block 800 and the portions of Blocks 100 and 400 covered by this Agreement shall be governed by the Development Regulations in effect as of the Effective Date of this Amendment, including without limitation the North Newport Center Planned Community Development Plan that the City Council is adopting pursuant to Ordinance No. 2012-19. 3. Landowner's Vested Rights. Section 6.2 of the 2007 Development Agreement, which regards Landowner's vested rights, is amended to apply to the Property as defined in this Amendment. 4. Affordable Housing Obligation. The Parties agree that Landowner's compliance with the amended 2012 Affordable Housing Implementation Plan attached as Exhibit C satisfies any obligation of Landowner to City under the City of Newport Beach General Plan Housing Program 2.2.1 with respect to additional residential housing units provided for in this Amendment and the residential housing units provided in the 2007 Development Agreement. Should the additional units be developed as for sale units requiring a subdivision map, the amended 2012 Affordable Housing Implementation Plan shall be deemed to comply with the Inclusionary Housing requirements of Section 19.54.040. Page 4 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 5. Description of Certain Project Components. Concurrently with the adoption of this Amendment, City has approved the potential location of 524 residential units in San Joaquin Plaza under the Traffic Phasing Ordinance. Therefore, Section 6.3(2) of the 2007 Development Agreement is amended to read in its entirety as follows: "524 residential units in Newport Center Block 500, Newport Center Block 600, or San Joaquin Plaza; provided however, that to the extent Landowner desires to develop any of said residential units in Newport Center Block 500 or 600 it shall be required to comply with the Traffic Phasing Ordinance relative to potential impacts associated with such change in location." 6. Public Benefit Fee. The amount payable by Landowner to City for each of the 94 residential units added to the North Newport Center Planned Community pursuant to this Amendment shall be the sum of $63,000 per unit, for a total of $5,922,000. This fee shall be paid for each additional individual housing unit at the time the building permit for such unit is issued by the City. For purposes of implementation, the first 430 units applied for by Landowner will be subject to a public benefit fee in the sum of $31,500, as set forth in Section 4.2 of the 2007 Development Agreement. The public benefit fee for the 431st unit and all subsequent units shall be the sum of $63,000. This fee is in addition to the other fees required by the City for these units under the Development Regulations. The dollar amount specified in this section shall not accrue interest if paid when due and shall not be increased or decreased by reason of any cost of living or other inflation/deflation adjustment. 7. Per Unit Public Benefit Fee For Parks. Prior to and as a condition to City's issuance of each building permit for residential development, Landowner shall pay to City a per unit fee that is a Public Benefit Fee for Parks in the sum of $26,046.51 for each of the 94 residential units added to the North Newport Center Planned Community pursuant to this Amendment, for a total of $2,448,372, to be paid to City by Landowner on or before July 1, 2013. This fee is in addition to the other fees required by the City for these units under the Development Regulations. City acknowledges that Landowner has advanced an Initial Park Fee in the amount of $5,600,000, entitling Landowner to a credit against payment of the Per Unit Public Benefit Fee for Parks for the first 215 residential units to be developed on the Property. In addition to the foregoing, at the time that Landowner advances the $2,448,372 Public Benefit Fee for Parks, Landowner shall be entitled to a credit against payment of the Per Unit Public Benefit Fee for Parks for an additional 94 residential units, for a total credit against payment of the Per Unit Public Benefit Fee for Parks for the first 309 residential units to be developed on the Property. Should the additional units be developed as for-sale units requiring a subdivision map, the amended 2012 Affordable Housing Implementation Plan shall be deemed to comply with the Inclusionary Housing requirements of Section 19.54.040. The dollar amount specified in this section shall not accrue interest if paid when due and shall not be increased or decreased by reason of any cost of living or other inflation/deflation adjustment. This fee does not replace the fees that the City may charge for parks when and if the additional units were included in a subdivision map or otherwise converted to individually saleable housing units, but the City shall grant Landowner a credit against such parks fee in the amount of the net fee per unit that was previously paid to the City for such unit. Page 5 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 8. Reimbursement for Bayside Walkway Connection. Landowner shall pay to City up to $200,000 as a public benefit reimbursement for costs that the City may incur related to plans, specifications, permits, and/or construction for the Bayside Walkway Connection project. Payment by Landowner shall be made within 90 days after receipt of written notice from City that it has awarded a construction contract for the Bayside Walkway Connection project. The amount of the public benefit reimbursement shall be no more than $200,000 and shall be for the City's actual costs for plans, specifications, permits, and/or construction, as documented by the City in its written notice. 9. Expiration. Completion or Exhaustion of Certain Obligations. 9 .1. The Parties agree that the obligations of both Parties under the following sections of the 2007 Development Agreement have fully expired or have been fully exhausted or fully completed: 9.1.1. Landowner's payment to City of the Initial Park Fee pursuant to Section 4.1 by a payment of $5,600,000 to the City by Landowner on March 10, 2009; 9.1.2. Landowner's payment to City of the Initial Public Benefit Fee pursuant to Section 4.2 by a payment of $13,345,000 to the City by Landowner on July 26, 2011 as a condition of the issuance of the First Building Permit, issued for 650 Newport Center Drive; 9.1.3. Section 4.5, "Dedication of Public Rights of Way"; 9 .1.4. Section 4.6, "Open Space Dedication"; 9.1.5. Section 4.8, "City's Option to Purchase New City Hall Site; Parking Structure"; 9.1.6. Section 4.9A, "Retrofit Sprinkler Systems"; 9.1.7. Section 4.10, "Cooperation of Landowner if City Hall Constructed on Property North of Library"; and 9.1.8. Section 4.11, "Dedication of Lower Castaways". Therefore, no remaining obligations remain for either Party to complete under Section 4.5, Section 4.6, Section 4.8, Section 4.9A, Section 4.10, and Section 4.11 of the 2007 Development Agreement. Page 6 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 10. No Conflicting Enactments. Except to the extent City reserves its discretion as expressly set forth in the 2007 Development Agreement, during the Term of this Amendment City shall not apply to the Project any ordinance, policy, rule, regulation, or other measure relating to development of the Project, as contemplated by this Amendment, that is enacted or becomes effective after the Effective Date to the extent it conflicts with this Amendment. No City moratorium or other similar limitation relating to the rate, timing, or sequencing of the development or construction of all or any part of the Project and whether enacted by initiative or another method, affecting subdivision maps, building permits, occupancy certificates, or other entitlement to use, shall apply to the Project to the extent such moratorium or other similar limitation restricts Landowner's vested rights in this Amendment or otherwise conflicts with the express provisions of this Amendment. 11. Compliance with Traffic Phasing Ordinance. The following provisions are added with respect to the Traffic Phasing Ordinance: 11.1. Scope of Traffic Study. The traffic study prepared in conjunction with this Amendment, entitled "North Newport San Joaquin Plaza TPO Traffic Analysis" and dated May 2012, covers all development authorized by this Amendment. 11.2. Sufficiency of Traffic Study. City acknowledges that the traffic study for the North Newport Center Planned Community Development Plan Amendment project satisfies the provisions of the Traffic Phasing Ordinance. The City shall not require any additional Traffic Phasing Ordinance traffic studies in conjunction with any application for approvals or permits necessary to construct development authorized by this Amendment as long as the application is consistent with the provisions of this Amendment and the relevant Development Regulations. 12. Effective Date. The Effective Date of this Amendment is September 12, 2012, the 31st day following adoption of this ordinance approving this Amendment by the City Council. This Amendment does not change the Effective Date of the 2007 Development Agreement. 13. Term. The1term of this Amendment ("Term") shall commence on the Effective Date and shall continue thereafter until the earlier of the following: (i) the date that is twenty (20) years after the Effective Date; or (ii) the date this Amendment is terminated pursuant to Sections 12 or 15.1 of the 2007 Development Agreement. 13 .1. Section 11 of the 2007 Development Agreement is amended at paragraph two to read as follows: "The term of this Agreement ("Term") shall commence on the Effective Date and shall continue thereafter until the earlier of the following: (i) the date that is twenty (20) years after the Effective Date of the Amendment; or (ii) the date this Agreement is terminated pursuant to Sections 12 or 15.1 of this Agreement." Page 7 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 14. Conflicts. Except as otherwise set forth herein to the contrary, all terms and provisions of the 2007 Development Agreement shall remain unamended and continue in full force and effect. This Amendment and the 2007 Development Agreement, along with any previous or future amendments, shall be construed together and shall constitute one agreement. In the event of any inconsistency between this Amendment and the 2007 Development Agreement, the provisions of this Amendment shall prevail. 15. Notice of Intention to Amend. In enacting this Amendment, the City has provided for public notice and hearing in the manner provided by California Government Code Section 65867. 16. Compliance with California Government Code Section 65867.5. California Government Code Section 65867.5 provides that a development agreement is a legislative act that shall be approved by ordinance and subject to referendum. A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan. These requirements of California Government Code Section 65867.5 have been satisfied by the City's finding that this Amendment is consistent with the City's General Plan and the City's approval of this Amendment by ordinance. 17. Compliance with California Government Code Section 66473.7. The area subject to the Amendment may include a future subdivision, and the City may, in its sole and absolute discretion, approve certain tentative maps for such subdivision. Any such subdivision will comply with all of the provisions of the Subdivision Map Act including, but not limited to, California Government Code Section 65867.5 in that any tentative maps will be approved by the City in compliance with California Government Code Section 66473.7. 18. Section Headings. All section headings are inserted for convenience only and shall not affect construction or interpretation of this Amendment. 19. Incorporation of Exhibits. Exhibits A, Band Care attached to this Amendment and incorporated by this reference as follows: EXHIBIT DESCRIPTION DESIGNATION A Legal Description of Property B Depiction of the Property C Updated 2012 Affordable Housing Implementation Plan Page 8 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C 20. Authority to Execute. The persons executing this Amendment warrant and represent that they have the authority to execute this Amendment on behalf of the party for which they are executing this Amendment. They further warrant and represent that they have the authority to bind their respective party to the performance of its obligations under this Amendment. The City Manager or his/her designee has the authority to implement the terms of this Amendment and execute any documents in furtherance of the terms of this Amendment and the 2007 Development Agreement so long as they have been reviewed and approved as to form by the City Attorney. 21. Recordation. This Amendment and any amendment, modification, or cancellation to it shall be recorded in the Office of the County Recorder of the County of Orange, by the City of Newport Beach City Clerk in the period required by California Government Code section 65868.5 and City of Newport Beach Municipal Code section 15.45.090. [SIGNATURE PAGE FOLLOWS] Page 9 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C SIGNATURE PAGE TO AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT City Clerk a!!S TO FORM: vvlu tf .-- ~ L~onie Mulvihill i/11,t { IJ... \ City Attorney Y ''LANDOWNER'' THE IRVINE COMPANY LLC, a Delaware limited liability company By: ----l..:~..:__-------~...:::2!~ Daniel T. Miller Senior Vice President Entitlement & Public Affairs By:..th~~'F""'-...-\:-r--bL-..:.==--+- "CITY" ice President Senior Counsel CITY OF NEWPORT BEACH, a California municipal corpo ation By: AJ--/ Page 10 of25 Keith D. Mayor • Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C State of California County of Orange On +e.b fv<uf.l➔~before me, --~-o~n_1_· ~&;~l"'_(P.>_~_S_Aa/1'_----c...,._t _/v~~er_l_-a..-_,,__,.7'------=_---"-ec_, _u----'-6fc_' c_e-==' '------' personally appeared ~/le.;_/ 7: /1'~//4c C?.,/"lcf!_ J. 13, lco.~J2,rf"' y -------------------'---,--------------' who proved to me on the basis of satisfactory evidence to be the person(s) whose nam~ is{§:) subscribed to the within instrument and acknowledged to me that he/sh~ executed the same in his/he~ authorized capacity(ies), and that by his/he~signatur~ on the instrument the person(s), or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Page 11 of25 JONI GROSSMAN Commission# 1942247 Notary Public -California Orange County M Comm. Ex ires Jun 26, 2015 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C State of California County of Orange On Fcbr-vQJ'.'j iJ.'l, .10(3 before me, __ IA._,_\"v\...._'R~i -e..~~~c _·_N_o_(--'--w----=~----=-~-=o----"'b-'-\ __,,<(__=-------'personally appeared IA. e i £~ ]) . C.o rr~ who proved to me on the basis of satisfactory evidence to be the person.Es) whose name!aj is/¢ subscribed to the within instrument and acknowledged to me that he/sk0tbey executed the same in his/1¢th.0:i:'r authorized capacity{ies), and that by his/her/theitsignature@n the instrument the perso~ or the entity upon behalf of which the persontS} acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Page 12 of25 KIM RIEFF Comfflission # 1967536 Notary Public -cI11torn1I Orange County Comm. trn Jan 26, 2016 ,-... ... ~ ....... Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C State of California County of Orange On before me, ------- ______________________________ , personally appeared ----------~------------------- who proved to me on the basis of.satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________ (Seal) Page 13 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Exhibit A: Newport Center Block 800: PARCEL I: APN 442-262-03, 442-2'62-05, 442-262-06, 442-262-07, 442-262-08, 442-262-09 and 44'2-262-10. Parcel l as shown on a Parcel Map filed in Book 136, Pages 22 and 23 of Parcel Maps, together with Lots I, 2, 3, 4, and private streets Colony Plaza and Santa Maria Road of Tract No. IS 178 as shown <ln a map filed in Book 737, Pages 45 through 47 inclusive, of Miscellaneous l\.1aps; both i.n the Office of the County Recorder of said Orange County. 7854 Kurt R. Troxell, L.S. 7854 1!:"r li11I IOIOS I, JV.dmfllll.'1,al>'lll'..-ponCli _Blocl:,.:lna Page 14 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C D Added Property Exhibit B Depiction of Added Property 0 a:.· C Page IS of25 SANTA CRUZ OR. Faat,iqn lulllrtd Regional Comar SA.'fl"A ROSA OR, t Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C EXHIBIT C NORTH NEWPORT CENTER PLANNED COMMUNITY AFFORDABLE HOUSING IMPLEMENTATION PLAN Page 16 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C NORTH NEWPORT CENTER PLANNED COMMUNITY AFFORDABLE HOUSING IMPLEMENTATION PLAN Prepared For: The City of Ne,vport Beach June 2012 Page 17 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Contents I. Introduction .................................................................................................................................. J Background ................................................................................................................................... I II. Affordable Housing Plan .............................................................................................................. 3 Proposed Plan ..................................................................................................................................... 3 Number of Affordable Units/Income Levels ................................................................................ 5 Implementation ............................................ : ................................................................................... 5 Conclusion ....................................................................................................................................... 5 m. Consistency with Housing Element. ............................................................................................. 6 IV. Amendments to the AHIP ............................................................................................................. 7 V. Authority' ................................................................................................................................................... 7 Figures Exhibit 1 -North Newport Center Planned Comrnu.nity ........................................................................ 2 Exhibit 2 -The Bays Apartment Complex Locations ............................................................................ 4 North Newport Center Planned Community Affordable Housing Implementation Plan Page 18 of25 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C I. Introduction The North Newport Center Planned CommW1ity (Planned Community) approval by the City of Newport ·Beach includes a Planned Community Development Plan that implements the goals and policies of the City's General Plan. The Planned Community, as shown on Exhibit l, consists of seven s:ub-areas within North Newport Center, a regional center comprised of major retail, professional offic~, entertainment, recreation, hotel, and residential development. Block 500, Block 600, and San Joaquin Plaza are designated in the General Plan as MU-H3, a designation that allows for a mixed-use area combining commercial, office, entertainment, and residential uses. The Planned Community Development Plan for North Newport Center allows construction of 524 residential units in these blocks, and affordable housing units must be provided in accordance with the City I-lousing Element. This Affordable Housing Implementation Plan (AHIP) outlines how the required affordable housing will be provided. Background The City's Housing Element includes a goal that 15% of all new housing units in the City be affordable to very low, low, and moderate income households. The Housing Element identifies moderate income households as those with annual incomes between 80% and 120% of the county median household income. Low income households are those with annual incomes between 51 % and 80% of the county median household income. Very low income households are those with annual incomes of 50% or less of the County median household income. Projects with more than 50 units are required to prepare an AHIP that specifies how the development will meet the City's affordable housing goal. The Sou.them California Association of Governments (SCAG) prepares the state-mandated Regional Housing Needs Assessment (RHNA). The RHNA quantifies the need for housing within each jwisd.iction during specified planning periods. The City's General Plan Housing Element must include its "fair share" regional housing needs allocation for all income groups which must be updated periodically. The most recently published SCAG RHNA identifies the City allocation as follows: a Total allocation between 1/1/06 and 6/30/14-1,769 o Very low income allocation -22% (389 units) o Low income allocation-18% (319 units) o Moderate income allocation -20% (359 units) North Newport Center Planned Community Affordable Housing Implementation Plan Page 19 of25 1 ' Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C □ . ' )\J . , North Newport Center Planned Community Fa:iln~n tarand l!Gglonal Cefttor Exhibit 1 -North Newport Center Planned Community North Newport Center Planned Community Affordable Housing Implementation Plan Page 20 of25 [i] 2 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C II. Affordable Housing Plan Proposed Plan The City's General Plan Housing Element allows for sale or for rent options in order to meet the obligation for affordable housing units. In addition, affordable housing may be provided off-site, with City approval. Consistent with these Housing Element provisions, this Affordable Housing hnplementation Plan inc1udes the following plan. The location of the site is included on Exhibit 2. A. Covenants on Existing Units The Irvine Company owns The Bays, an apartment complex consisting of three buildings known as Baywood, Bayview, and Baypo1t, which is shown on Exhibit 2. The total number of units in The Bays is 556. Forty-six units in Baywood are restricted as low-income units through 2011. The Irvine Company will restrict tenant incomes and rental costs for housing writs located in The Bays complex for a period of 30 years with a recorded document. The number of restricted units will be sufficient to provide the number of affordable units described later in this AHJP, depending on. the income level to be served. The Irvine Company will identify which apartments are proposed to meet the affordable housing obligation, and will not use units that are under any other affordable housing covenant at the time they are proposed to meet the obligation for North Newport Center. The City will inspect the apartments designated to meet the affordable housing requirement to ensure compliance with relevant codes, proper maintenance, and adequate common areas. The Irvine Company will agree to make ilnprovements, if necessary, to ensure viable housing for· the 30 year period. The writs must be rented to households qualifying as very low, low, or moderate income households. The annualized rents chargeable for occupancy of the Affordable Units shall not exceed thirty percent (30%) of the Very Low, Low or Moderate Income limits. North Newport Center Planned Community Affordable Housing Implementation Plan Page 21 of25 3 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C The Bays Apartment Complex Exhibit 2 -The Bays Apartment Complex Locations North Newport Center Planned Community Affordable Housing Implementation Plan Page22 of25 Harbor View 4 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C The restriction on these wiits -for example, tenant selection procedures, monitoring-will be included in an affordable housing agreement, which shall be submitted for review and approval by the City Attorney and recorded against the property(ies). B. Concentration of Units Affordable units shall not be concentrated in any one building in The Bays. Number of Affordable Units/Income Levels The requirement for affordable· housing shall be based on income categories. The Irvine Company will provide very low, low, or tnoderate income housing, or a combination of income categories, using the percentages shown in the table below. Income Category Percentage Required Total Amount Very Low 10% 52 units Low 15% 79 units Moderate 20% 105 units Implementation The affordable housing units required under this AHIP will be provided incrementally. The affordable units shall be phased as follows: o Certificate of use and occupancy for l0Qth market rate unit/ one-third of required units o Certificate of use and occupancy for 200th market rate unit I one-third of required units o Certificate of use and occupancy for 300th market rate unit I one-tbird of required units Affordable housing agreements shall be executed and recorded at each phase identified above for designated affordable units in The Bays apartment complex prior to the point where a certificate of use and occupancy is issued for the related market rate units. Conclusion Implementation of this AHIP will result in the availability of affordable housing wtits as identified above within the City of Newport Beach in accordance with the City's Housing Element. North Newport Center Planned Community Affordable Housing Implementation Plan Page 23 of25 5 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Ill. Consistency with Housing Element The City of Newport Beach adopted a General Plan in 2006. A Housing Element was included in the General Plan in accordance with State law. The Housing Element was updated in 2011. The Housing Element identifies goals and programs for the provision of affordable housing in the City. The AHIP is intended to meet the specific goals of the Housing Element as follows: Policy H2.1 Pro[7am 2.1.2 Encourage preservation of existing and provision of new housing affordable to extremely low, very low, low and moderate income households. Take all feasible actions, through use of development agreements, e.,1:.pedited development review and expedited processing of grading, building and other development permits, to ensure expedient construction and occupancy for projects approved with low and moderate income housing requirements. The AHIP supports the City's requirement for the provision of affordable -housing for all new development with more than 50 residential units. The Irvine Company has prepared a Development Agreement in accordance with this Polic):/Program. Policy H2.2 Encourage the housing development industry to respond to housing needs of the community and to the demand for housing as perceived by the industry, with the intent of achieving the Regional Housing Needs Assessment construction goals within Program 2.2.1 Program 2.2.6 six years. Require a proportion of affordable housing in new residential developments or levy an in-lieu fee. The City's goal over the five-year planning period is for an average of 15 percent of all new housing units to be affordable to ve,y low, low and moderate- income households. The City shall either (a) require the payment of an in-lieu fee, or (b) require the preparation of an Affordable Housing l1nplenientation Plan (AHJP) that specifies how the development will meet the City's affordable housing goal, depending on the following criteria for project size: 1. Projects of 50 or fewer units shall have the option of preparing an AHIP or paying the in-lieufee. 2. Projects whe1·e niore than 50 units are proposed shall be required to prepare an AHIP. Implen1entation of this program will occur in conjunction with City approval of any residential Tentative Tract Maps. To insure compliance with the 15 percent affordability requirements, the City will include conditions in the approval of Tentative Tract Maps to require on-going monitoring of those projects. All required affordable units shall have restrictions to niaintain their affordability for a minimun1 of 30 years. As described in Section II, the affordable housing provided per the AHIP will meet the Housing Element requirement for the total affordable units required. The units· will be deed restricted to remain affordable for a period of 30 years. In addition, the developer will provide periodic reports in North Newport Center Planned Community Affordable Housing Implementation Plan Page 24 of25 6 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C the fonn required by the City. The provision of the affordable housing units will assist the City in meeting the RHNA construction goals. In conclusion, the AHIP is consistent with the relevant goals and programs in the City's 2011 General Plan Housing Element. IV. Amendments to the AHIP This AHIP may be amended with the approval of the City Council. No modification of the General Plan requirement for affordable units is allowed, unless the requirement is reduced through an amendment to the General Plan prior to implementation ofdevelopment. V. Authority , The AHIP has been adopted by the City of Newport Beach per Resolution No. 2012-65 on the 24 th day of July, 2012. North Newport Center Planned Community Affordable Housing Implementation Plan Page 25 of25 7 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 20 of 21 07-29-24 Exhibit “E” Affordable Housing Implementation Plan (AHIP) Prepared by CAA Planning, Inc., dated February 26, 2025 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C NORTH NEWPORT CENTER PLANNED COMMUNITY AFFORDABLE HOUSING IMPLEMENTATION PLAN Prepared For: The City of Newport Beach February 26, 2025 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Affordable Housing Implementation Plan i Contents I. Introduction ................................................................................................................................... 1 Background ................................................................................................................................... 1 II. Affordable Housing Plan .............................................................................................................. 3 Proposed Plan ............................................................................................................................... 3 Number of Affordable Units/Income Levels ................................................................................ 5 Implementation ............................................................................................................................. 5 Conclusion .................................................................................................................................... 5 III. Consistency with Housing Element .............................................................................................. 6 IV. Amendments to the AHIP ............................................................................................................. 7 V. Authority ....................................................................................................................................... 7 Figures Exhibit 1 - North Newport Center Planned Community ........................................................................ 2 Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Affordable Housing Implementation Plan 1 I. Introduction The North Newport Center Planned Community (Planned Community) approval by the City of Newport Beach includes a Planned Community Development Plan that implements the goals and policies of the City’s General Plan. The Planned Community, as shown on Exhibit 1, consists of seven sub-areas within North Newport Center, a regional center comprised of major retail, professional office, entertainment, recreation, hotel, and residential development. Block 500, Block 600, and San Joaquin Plaza are designated in the General Plan as MU-H3, a designation that allows for a mixed-use area combining commercial, office, entertainment, and residential uses. A total of 1,500 residential units may be developed on the Housing Opportunity Sites as identified in NBMC Sections 20.80.025 (Housing Opportunity Overlay Zoning Districts maps) and 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) including within Fashion Island, Block 100, Block 400, Block 600 and San Joaquin Plaza. The City has not adopted an inclusionary housing policy. However, the City is encouraging new residential development projects to provide affordable housing. This Affordable Housing Implementation Plan (AHIP) outlines how affordable housing will be provided relative to the 1,500 new residential units allowed in the Planned Community. Background On September 13, 2022, the Newport Beach City Council adopted the 6th Cycle Housing Element for the 2021-2029 planning cycle in response to the Regional Housing Needs Assessment (RHNA) allocation. The Housing Element identifies moderate income households as those with annual incomes between 81% and 120% of the County median household income. Low income households are those with annual incomes between 51% and 80% of the County median household income. Very low income households are those with annual incomes between 31% and 50% of the County median household income. Extremely low income households are those with annual incomes of 30% or less of the County median household income. While the Housing Element does not require an AHIP, this document has been prepared to outline how the development will meet the City’s affordable housing goal. The Southern California Association of Governments (SCAG) prepares the state-mandated Regional Housing Needs Assessment (RHNA). The RHNA quantifies the need for housing within each jurisdiction during specified planning periods. The City’s General Plan Housing Element must include its “fair share” regional housing needs allocation for all income groups which must be updated periodically. The most recently published SCAG RHNA identifies the City allocation as follows: Total allocation between 10/15/2021 and 10/15/2029 – 4,845 units Very low income allocation – 30% (1,456 units) Low income allocation – 19% (930 units) Moderate income allocation – 22% (1,050 units) • • • • Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Affordable Housing Implementation Plan 2 Exhibit 1 - North Newport Center Planned Community □ North Newport Center Planned Community Fashion Island Regional Center Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Affordable Housing Implementation Plan 3 II. Affordable Housing Plan Proposed Plan The City’s General Plan Housing Element allows for sale or for rent options in order to meet the obligation for affordable housing units. In addition, affordable housing may be provided off-site, with City approval. Consistent with these Housing Element provisions, this Affordable Housing Implementation Plan includes the following plan. A. Construction of New Affordable Housing Units The Irvine Company owns property within Newport Beach that would allow for the development of new affordable housing. Irvine Company proposes to identify an appropriate site for the development of affordable housing and to develop a new affordable housing project. Due to land costs, the location may be located outside of Newport Center. The units must be sold or rented to households qualifying as very low or low income households. The annualized rents chargeable for occupancy of the Affordable Units shall not exceed thirty percent (30%) of the Very Low or Low income limits. The restriction on these units – for example, tenant selection procedures, monitoring – will be included in an affordable housing agreement, which shall be submitted for review and approval by the City Attorney and recorded against the property(ies). Number and Type of Affordable Units The Irvine Company proposes to build new affordable housing units which equate to 7% of new housing units built in Newport Center or other areas. Irvine Company shall be permitted to construct conventional affordable housing or senior affordable housing. Irvine Company shall be required to build the number of affordable housing units equivalent to 7% of new residential units. Irvine Company is contemplating the construction of approximately 1,500 new residential units in Newport Center, which would require construction of 105 new affordable units. If affordable units are provided in excess of the 7% requirement, Irvine Company shall be allowed to offset any future residential development against the excess affordable units provided. Implementation The new affordable housing units shall be constructed on a single site and may be implemented in a single phase or in multiple phases. Irvine Company shall secure the first approved building permit from the City by January 31, 2029 for the affordable housing units required under this AHIP, unless the deadline is extended by the Director of Community Development upon mutual consent of the parties. Conclusion Implementation of this AHIP will result in the availability of affordable housing units as identified above within the City of Newport Beach in accordance with the City’s Housing Element. III. Consistency with Housing Element The City of Newport Beach adopted a Housing Element Implementation Plan in 2024. A Housing Element was included in the General Plan in accordance with State law. The Housing Element was updated in 2022 and amended in 2024. The Housing Element identifies goals and programs for the provision of affordable housing in the City. The AHIP is intended to meet the specific goals of the Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Affordable Housing Implementation Plan 4 Housing Element as follows: Housing Goal #3 A variety of housing types, designs, and opportunities for all social and economic segments. Policy H3.1 Encourage preservation of existing and provision of new housing affordable to extremely low, very low, low and moderate income households. The AHIP supports the City’s requirement for the provision of affordable housing for all new residential development. The Irvine Company has prepared a Development Agreement in accordance with this Policy/Program. Housing Goal #5 Preservation of the City’s housing stock for extremely low, very low, low, and moderate-income households. Policy H5.1 Continue or undertake the following programs to mitigate potential loss of “at risk” units due to conversion to market-rate units. These efforts utilize existing City and local resources. They include efforts to secure additional resources from public and private sectors should they become available. The affordable housing provided per the AHIP will increase the City’s affordable housing stock. The units will be deed-restricted to remain affordable for a period of 55 years. In addition, the developer will provide periodic reports in the form required by the City. The provision of the affordable housing units will assist the City in meeting Housing Element Goal #1: Provision of adequate sites to accommodate projected housing unit growth needs identified by the 2021-2029 RHNA. In conclusion, the AHIP is consistent with the relevant goals and programs in the City’s 2022 General Plan Housing Element. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C North Newport Center Planned Community Affordable Housing Implementation Plan 5 IV. Amendments to the AHIP This AHIP may be amended with the approval of the City Council. V. Authority The AHIP has been adopted by the City of Newport Beach per Resolution No. _________ on the ___ day of April, 2025. Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C Planning Commission Resolution No. PC2025-006 Page 21 of 21 07-29-24 Exhibit “F” Water Supply Assessment, prepared by Fuscoe Engineering, Inc. dated January 14, 2025 File available via link due to size: https://ecms.newportbeachca.gov/WEB/DocView.aspx?id=3102628&dbid=0&repo=CNB Docusign Envelope ID: 487E8151-985A-4999-9214-C5D43B660D3C