HomeMy WebLinkAbout23 - Approving an Amendment to the North Newport Center Planned Community (PC-56)Q �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
April 29, 2025
Agenda Item No. 23
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Liz Westmoreland, AICP, Principal Planner - 949-644-3234,
Iwestmoreland@newportbeachca.gov
TITLE: Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19
Approving an Amendment to the North Newport Center Planned
Community (PC-56)
ABSTRACT:
The Irvine Company (Applicant), is requesting to amend the North Newport Center
Planned Community (PC-56) Development Plan to: (1) allocate 1,500 dwelling units from
the 2,439-unit development limit identified in the HO-4 (Newport Center Area) Subarea of
the Housing Opportunity (HO) Overlay Zoning Districts of the Newport Beach
Municipal Code; (2) incorporate two parcels located at 100 and 190 Newport Center Drive
into PC-56; and (3) update residential height limits, design standards, the plan review
process, and other minor provisions in PC-56. As the request involves vesting
development rights for dwelling units, the Applicant is also proposing an amendment to
the existing Development Agreement (DA), an affordable housing implementation plan
(AHIP), and a water supply assessment (WSA).
For the City Council's consideration is the introduction of two ordinances that would
amend the PC-56 Development Plan and amend the DA, as well as a resolution to adopt
an AHIP and WSA.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find this matter is not subject to further environmental review pursuant to
Section 21083.3 of the California Public Resources Code (PRC) and Section 15183
of the California Environmental Quality Act (CEQA) Guidelines because it is consistent
with the previously certified Program Environmental Impact Report (SCH
No. 2023060699);
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2025-7, An Ordinance of the City Council of the City of Newport Beach, California,
Approving an Amendment to the North Newport Center Planned Community
Development Plan (PC-56) to Allocate 1,500 Base Dwelling Units from the HO-4
(Newport Center Area) 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 and Various Addresses
Within the North Newport Center Planned Community (PA2024-0173) and pass to a
second reading on June 10, 2025;
23-1
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 2
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2025-8, An Ordinance of the City Council of the City of Newport Beach, California,
Approving a Development Agreement for the Project Located at 100 and 190
Newport Center Drive and Various Addresses Within the North Newport Center
Planned Community (PA2024-0173) and pass to a second reading on June 10, 2025;
and
e) Approve Resolution No. 2025-19, A Resolution of the City Council of the
City of Newport Beach, California, Approving an Affordable Housing Implementation
Plan (AHIP) and Water Supply Assessment for Properties Located at 100 and 190
Newport Center Drive and Various Addresses Within the North Newport Center
Planned Community (PA2024-0173).
DISCUSSION:
The City of Newport Beach's Housing Element for the 6t" Cycle Regional Housing Needs
Assessment (RHNA) was adopted by the City Council on September 13, 2022, and
certified by the California Department of Housing and Community Development (HCD) as
statutorily compliant on October 5, 2022. A major component of the 6` Cycle Housing
Element (Housing Element) is its Section 4 (Housing Plan), which outlines the City's
housing strategy with an implementation program and several policy actions. Notably, the
Housing Element identifies Newport Center as a focus area that has the potential to
accommodate additional residential development and/or redevelopment of existing sites
with residential projects.
On September 24, 2024, the 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 Housing Element.
Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas
to ensure the City can accommodate its 6t" Cycle RHNA allocation. These subareas
correspond to the Focus Areas identified in the Housing Element. One of the Subareas
is HO-4 (Newport Center Area).
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.
Many of the properties in PC-56 Zoning District and the properties at 100 and
190 Newport Center Drive are located within the HO-4 Subarea. The development limit
for the HO-4 Subarea is 2,439 units and the required average density range is 20 to 50
dwelling units per acre.
23-2
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 3
Figures 1 and 2 below depict properties identified as housing sites within HO-4 and
eligible for the development of housing pursuant to the Housing Overlay of the NBMC
and the existing properties regulated by the PC-56 Development Plan.
Figures 1 and 2, Housing Opportunity Sites in Newport Center (left) and Existing Properties Within the PC-
56 Development Plan (right)
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❑North Newport Center
Planned Community
Project Description
The Applicant owns and/or controls most of the property within Newport Center. Based
on the need for additional housing and the recent implementation of the City's Housing
Element, the Applicant seeks to revisit its master planning for the Newport Center area to
incorporate additional residential opportunities and refine other development standards
of PC-56. To accomplish its objectives, the Applicant seeks the following approvals from
the City:
Amendments to the PC-56 Development Plan to allocate 1,500 dwelling units
to the PC-56 Development Plan from the development limit identified in the HO-4
(Newport Center) Subarea of the Housing Opportunity (HO) Overlay Zoning
Districts pursuant to Newport Beach Municipal Code (NBMC) Section 20.28.050
(Housing Opportunity (HO) Overlay Zoning Districts). 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 include
changing the zoning of 100 and 190 Newport Center Drive from OR (Office -
Regional) to PC-56;
23-3
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 4
• Development Agreement Amendment between the City and Applicant to vest
the residential density of 1,500 dwelling units in exchange for public benefits. The
existing Development Agreement includes an Affordable Housing Implementation
Plan (AHIP), which will be modified 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
EIR.
No construction is proposed as part of this application and no additional residential units
are being requested beyond what the existing General Plan and HO-4 Subarea already
allow.
PC-56 Development Plan Amendments
This section summarizes the proposed amendments to the PC-56 Development Plan,
outlines minor text revisions, and provides a brief analysis of each change. Complete
redline -strikeout revisions are included as Attachment G; a detailed discussion appears
in the Planning Commission staff report of March 6, 2025 (Attachment D).
Housing Overlay Integration
Properties identified as Housing Overlay sites in NBMC Section 20.80.025
(Housing Opportunity Overlay Zoning District Maps) are subject to the standards
identified in said section. However, incorporation of the dwelling units into the
PC-56 Development Plan would mean that future residential development is subject to its
development standards and the provisions of the Housing Overlay would not apply. 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 1,500 dwelling units from the HO-4 Subarea's development limit
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.
23-4
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 5
Dwelling Unit Limit and Allowed Uses
The proposed amendments would modify the existing maximum unit limit for PC-56 from
769 to 2,269 (i.e., an increase of 1,500 dwelling units). Although the new Housing Overlay
allows construction of residential dwelling units regardless of the underlying zoning
designation, the amendments include changing the allowed uses for Fashion Island and
Blocks 100 and 400 to allow for residential development, consistent with the
Housing Overlay.
The 1,500 dwelling units would only be developed on Housing Overlay sites and would
be required to meet an average minimum density of 20 dwelling units per acre (per site)
and an average maximum density of 50 dwelling units per acre (in aggregate).
Additional Properties Rezoned
The project includes rezoning the two properties at 100 and 190 Newport Center Drive
from the OR (Office Regional) Zoning District to the PC-56 Zoning District, as identified
in Figure 3 below. The existing properties are currently occupied by office buildings. The
PC-56 Development Plan allows office as allowed use, thereby allowing for the
continuation of office use if other uses are not constructed in the future. Further, the
existing floor area of those two buildings has been captured within the PC-56
Development Plan amendments to ensure the existing buildings remain conforming.
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Figure 3, Properties to be Incorporated into PC-56
Height
The amendments to the PC-56 Development Plan include changes to the allowed heights
of buildings in three areas of Newport Center.
23-5
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 6
The PC-56 Development Plan designates height limits by sub -area, and for
Fashion Island, it also specifies heights by type of building. The proposed changes to
maximum height limits are described below in Table 1 and would apply to both residential
and nonresidential structures (except as specified).
Table 1. Chances to Maximum Heiaht Limits
Building Location/Building Type
Existing Height Limit
Proposed Height Limit
Fashion Island
Residential
N/A
225 feet
Major Buildings
125 feet
125 feet
Mall Buildings
75 feet
75 feet
Parking Structures
55 feet
55 feet
Periphery Buildings
40 feet
40 feet
Block 100
Nonresidential
50 feet
50 feet
Residential
N/A
125 feet
Blocks 400, 500, and 600
295 feet
295 feet
Block 800
Nonresidential
125 feet
125 feet
Residential
200 feet
200 feet
San Joaquin Plaza
65 feet
65/85**
*Height limits in PC-56 are generally measured from finished grade.
**The height limit is 65 feet with the exception of 800 San Clemente Drive, which is limited to 85 feet.
The proposed height adjustments for Fashion Island, Block 100, and San Joaquin Plaza
in the PC-56 Development Plan continue Newport Center's decades -long trend toward
urbanization. Even with these changes, the new height limits remain 70-210 feet below
both the currently permitted maximums and the as -built heights in Blocks 400, 500 and
600. Therefore, any new structures built under these standards would be compatible with
the existing Newport Center context.
The revised building heights would allow for future residential projects to meet the
required minimum density of 20 dwelling units, 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 the 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 private residential views across the southeastern portion of Newport
Center.
23-6
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 7
Similarly, the Planning Commission recently recommended approval of amendments to
the Housing Overlay to increase the height limits for residential development, including
several areas of Newport Center that are within PC-56 (Planning Commission Resolution
No. PC2025-004). The amendments are intended to facilitate the design and construction
of new residential development consisting of 20 dwelling units per acre to 50 dwelling
units per acre. However, because the future development projects would be subject to
the PC-56 development standards, the recent amendments are referenced in this report
for informational purposes only.
Other Design and Development Standards
The amendments include other changes to development standards in PC-56 related to
design, open space, residential parking, and signage. A summary of the proposed
changes includes:
• Objective Design Standards. Instead of relying on the standards in the NBMC
related to design, future residential projects would be subject to the standards of
PC-56. The amendments include new and revised standards that are
commensurate with the NBMC that will ensure high quality design.
• Open Space. Reducing the amount of private open space required for each
dwelling unit and increasing the amount of common recreational amenities (pool,
clubhouse, sport courts) required for each project.
• Parking. Modifying residential parking requirements to be based on bedroom
count instead of dwelling unit count, to be more in line with the Housing Overlay.
• Signs. Increasing size of residential signs and adding a new digital monument
sign. Only static images would be allowed.
Streamlined Review Process
The amendments 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. Currently, projects that are consistent with the General Plan and
development standards of the PC-56 Development Plan are reviewed by the director in
lieu of the Planning Commission or other discretionary body. This same procedure would
apply to future residential projects that are consistent with the development standards.
The community development director would be required to approve the project if it is
consistent with the following findings for approval (as identified in the PC-56 Development
Plan):
1. The proposed use and/or development is consistent with the General Plan.
2. The proposed use and/or development is consistent with the North Newport Center
PC Development Plan and Design Regulations.
The decision by the community development director would be appealable to the
Planning Commission pursuant to Section 20.64 (Appeals) of the NBMC.
23-7
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 8
Traffic Study
Projects that require the preparation of a traffic study pursuant to Chapter 15.40
(Traffic Phasing Ordinance) of the NBMC would also be subject to a streamlined review,
as specified in the proposed amendments. This would be a new provision in the PC-56
Development Plan. However, if a traffic study reveals that the project trips will cause or
make worse an unsatisfactory level of traffic service, then review by the
Planning Commission and/or City Council would still be required. Therefore, this
streamlining provision could expedite the construction of new housing opportunities in the
city in furtherance of Housing Element Policy Action 4B (Streamlined Project Review) and
is consistent with the longstanding implementation of the PC-56 Development Plan.
General Plan Consistency
An amendment to the PC-56 Development Plan is a zoning amendment and legislative
act. Neither Title 20 (Planning and Zoning) of the NBMC, nor the PC-56 Development
Plan, nor California Government Code Section 65000 et seq., sets forth any required
findings for approval of such amendments. However, the matter has been evaluated for
consistency with the General Plan as detailed in Attachment A. In summary, it is in direct
furtherance of General Plan Policies.
Consistent with Land Use Element Policy 4.4 — Rezoning to Accommodate Housing
Opportunities, the PC-56 Development Plan amendment will provide a "land use
regulatory policy" to implement the housing opportunities within the Newport Center
subarea of the city. The proposed amendment would allocate 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 the 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.
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, this matter is consistent with General Plan Policy LU 4.4 and
the development limits of the General Plan.
Although the 1,500 dwelling units would likely be market rate units, the amended DA and
AHIP will ensure the Applicant assists the City in the production of affordable housing.
23-8
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 9
Development Agreement (DA) and Affordable Housing Implementation Plan (AHIP)
There is an existing DA between the City and Applicant for this area that is also referred
to as the "Zoning Implementation and Public Benefit Agreement." The DA, approved in
2007 and amended in 2013, provides development rights in exchange for significant
public benefits over a 20-year term. The Applicant is seeking a third amendment to the
DA to vest rights to construct 1,500 dwelling units on housing opportunity sites within the
PC-56 Zoning District. The DA is included as Exhibit "B" of Attachment B and the key
terms are summarized below.
• Term: Extend existing DA by 10 years to 2042
• Public Benefit Fee: $17,000/unit for any units constructed after 2032
• Recreation/Park Fee: $34,000/unit for 700 units
• Off -Site Improvements: Development of a landscape and street master plan for
Newport Center and construction of improvements
• Development Impact Fees: Voluntary payment of Development Impact Fees
• Affordable Housing: Commitment to develop a minimum of 105 housing units
affordable to very low or low-income households by 2029
o In the event that the 105 affordable housing units cannot be constructed by
2029, the applicant shall dedicate land or provide in -lieu fees to the City to
facilitate the construction of affordable housing.
Although the existing DA includes an AHIP, a new AHIP (included as Exhibit "B" to
Attachment C) is required to address the Applicant's new commitments to affordable
housing. The AHIP has been prepared consistent with the provisions of Section 20.52.015
(Affordable Housing Implementation Plan) of the NBMC.
Water Supply Assessment (WSA)
Pursuant to California Senate Bill 610 adopted in 2011, Section 21151.9 of the
Public Resources Code (PRC), and Section 10910 et seq. of the Water Code, a Water
Supply Assessment (WSA) is required for projects that result in the construction of at
least 500 dwelling units. Since the project includes the future construction of up to 1,500
dwelling units, and the City's Housing Implementation Program EIR contemplated that
future housing projects would prepare their own project specific WSAs, it was appropriate
for the applicant to prepare a WSA as part of this project.
Thus, a WSA prepared for the project by Fuscoe Engineering, Inc. dated
January 14, 2025, evaluated the water supply availability. The WSA is included as Exhibit
"C" to Attachment C. The Utilities Department 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.
23-9
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 10
Planning Commission Review and Recommendation
On March 6, 2025, the Planning Commission conducted a duly noticed public hearing to
consider the requested application. The Planning Commission discussed the merits of
the project, its relationship to the recently reviewed Housing Overlay Amendments, height
changes, outreach with surrounding neighbors, parking standards, and how the
streamlining provisions of PC-56 would function. Four members of the public addressed
the Planning Commission regarding the request. At the conclusion of the public hearing,
the Planning Commission voted 5-0 with two commissioners recused, to adopt Resolution
No. PC2025-006, recommending the City Council approve the project. The
Planning Commission staff report, meeting minutes, and resolution are included for
reference as Attachments D, E and F.
After the Planning Commission hearing and prior to the City Council hearing on this item
the City received public comments on the project that are included as Attachment H.
Airport Land Use Commission (ALUC)
The project site falls within the airport planning area of the Airport Environs Land Use
Plan (AELUP) for John Wayne Airport. Section 4.3 of the AELUP and Section 21676(b)
of the California Public Utilities Code (CPUC) require the City submit General Plan and
Zoning Code amendments to the Airport Land Use Commission (ALUC) for a consistency
determination with the AELUP. ALUC conducted a hearing on the matter at its
April 17, 2025, meeting and found the matter is consistent with the AELUP. In compliance
with the AELUP and PC-56, any structures over 200 feet in height would be subject to
review by the ALUC prior to building permit issuance.
FISCAL IMPACT:
As the project is not increasing overall density nor is it changing allowed land uses through
an amendment to the General Plan Land Use Element, a fiscal impact analysis was not
prepared. A fiscal impact analysis was prepared by Keyser Marston Associates dated
July 9, 2024, for the Housing Element Implementation Program Amendments. The
analysis concluded that residential projects could have a net negative fiscal impact unless
they continue to be developed at higher price points. Additionally, fiscal impacts are often
offset through payment of impact fees and DAs. In this case, should future market rate
residential projects be constructed pursuant to the DA and PC-56, the applicant would
provide various public benefit fees including development impact fees to the City based
on the specific terms contained in the DA.
ENVIRONMENTAL REVIEW:
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
23-10
Ordinance Nos. 2025-7 and 2025-8, and Resolution No. 2025-19 Approving an
Amendment to the North Newport Center Planned Community (PC-56)
April 29, 2025
Page 11
Monitoring and Reporting Program, 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 Proaram EIR.
The proposed amendments are not subject to further environmental review pursuant to
Section 21083.3 of the California Public Resources Code and Section 15183 of the CEQA
Guidelines because, inasmuch as the properties involved are all within the HO-4 Subarea,
the amendments will not change the underlying land use or zoning designations; and
would not result in new significant impacts or a substantially more adverse impact than
addressed in the PEIR. A detailed consistency analysis been prepared by T & B Planning
Inc., dated April 2025, and peer reviewed by Kimley-Horn & Associates, Inc., is provided
as Exhibit "C" of Attachment A and hereby incorporated by reference.
NOTICING:
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways), including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Newport Beach
Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website).
ATTACHMENTS:
Attachment A
— Ordinance No. 2025-7
Attachment B
— Ordinance No. 2025-8
Attachment C —
Resolution No. 2025-19
Attachment D —
Planning Commission Staff Report (No Attachments)
Attachment E —
Planning Commission Draft Meeting Minutes
Attachment F —
Planning Commission Resolution No. 2025-006 (No Exhibits)
Attachment G
— Redline -Strikeout Planned Community Development Plan
Attachment H —
Public Comments
23-11
Attachment A
Ordinance No. 2025-7
23-12
ORDINANCE NO. 2025-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO THE NORTH NEWPORT CENTER
PLANNED COMMUNITY (PC-56) DEVELOPMENT PLAN
TO ALLOCATE 1,500 BASE DWELLING UNITS FROM
THE HO-4 (NEWPORT CENTER AREA) 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 AND
VARIOUS ADDRESSES WITHIN THE NORTH NEWPORT
CENTER PLANNED COMMUNITY (PA2024-0173)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development,
improvement, and preservation of housing;
WHEREAS, an application was filed by 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 "A" ("Properties"), which is attached hereto and incorporated herein
by reference, requesting approval of amendments to the PC-56 Development Plan that
would incorporate 1,500 dwelling units from the development limit established through
the HO-4 (Newport Center Area) Subarea ("HO-4 Subarea") of the Housing Opportunity
(HO) Overlay Zoning Districts set forth in Section 20.28.050 (Housing Opportunity (HO)
Overlay Zoning Districts) of the Newport Beach Municipal Code ("NBMC") and derived
from the City's 6th Cycle Housing Element;
23-13
Ordinance No. 2025-
Page 2 of 16
WHEREAS, 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 (Newport Center Area) Subarea to the Properties
within the PC-56 Development Plan along with other amendments including
increased 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 use,
updating sign standards, and changing the zoning of 100 and 190 Newport
Center Drive from Office -Regional (OR) to PC-56 Development Plan;
*'Amendment to Development Agreement No. DA 2007-002, entitled Zoning
Implementation and Public Benefit Agreement ("Second 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 public benefits;
• Affordable Housing Implementation Plan ("AHIP") that specifies how the
Applicant will assist 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");
WHEREAS, the Properties are categorized as Mixed Use Horizontal (MU-113),
Commercial Regional Office (CO-R), Regional Commercial (CR), Multiple Residential
(RM), Open Space (OS), Medical Commercial Office (CO-M) by the General Plan Land
Use Element and are located within the PC-56 Zoning District except the properties at
100 and 190 Newport Center Drive which are located within the Office -Regional (OR)
Zoning District;
WHEREAS, the Properties are not located within the coastal zone;
23-14
Ordinance No. 2025-
Page 3 of 16
WHEREAS, the Project does not propose the construction of housing, only the
reallocation of 1,500 dwelling units from the development limit established through the
HO-4 Subarea of the Housing Opportunity (HO) Overlay Zoning Districts and derived
from the City's 6th Cycle Housing Element into the PC-56 Development Plan;
WHEREAS, a public hearing was held by the Planning Commission 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"), Chapter 20.62 (Public Hearings) of
the NBMC, and Section 15.45.050 (Public Hearing - Notice) of the NBMC. Evidence,
both written and oral, was presented to and considered by, the Planning Commission at
this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
2025-006 by a unanimous vote (5 ayes, 0 nays, 2 recusals) recommending the City
Council approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission
("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land
Use Plan ("AELUP");
WHEREAS, on April 17, 2025, the ALUC determined the Project is consistent
with the AELUP by a unanimous vote; and
WHEREAS, a public hearing was held by the City Council on April 29, 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 the Ralph M. Brown Act
and Chapter 20.62 (Public Hearings) of the NBMC, and Section 15.45.050 (Public
Hearing -- Notice) of the NBMC. Evidence, both written and oral, was presented to and
considered by, the City Council at this hearing_
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
23-15
Ordinance No. 2025-
Page 4 of 16
Section 2: 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 of seq., set forth any required findings for
approval of such amendments. However, the PC-56 Amendment complies with the
aforementioned based on the following:
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 Area) 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
already allocated within the General Plan. Newport Center is an established,
urban area of the city with significant amenities and services that can support
the development of 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 "B," which is attached hereto and
incorporated herein by reference.
23-16
Ordinance No. 2025-
Page 5 of 16
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 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.
23-17
Ordinance No. 2025
Page 6 of 16
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 PER
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. For
example, the proposed height limit of 125 feet for new residential buildings in
Fashion Island would step down from the existing height limit of 295 feet and
existing structures that are currently built at 295 feet. 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.
23-18
Ordinance No. 2025-
Page 7 of 16
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 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_
23-19
Ordinance No. 2025-
Page 8 of 16
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 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 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.
23-20
Ordinance No. 2025-_
Page 9 of 16
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 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)
23-21
Ordinance No. 2025-
Page 10 of 16
(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 4.9, Table LU I 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).
23-22
Ordinance No. 2025-
Page 11 of 16
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 6.94.4 — 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
23-23
Ordinance No. 2025-
Page 12 of 16
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.
Section 3: The City Council hereby approves the PC-56 Amendment, as set
forth in Exhibit "B," which is attached hereto and incorporated herein by reference and
finds that it complies with the purpose set forth in Section 20.56.010 (Purpose) of the
NBMC, with all other provisions of the existing PC-56 regulations and exhibits remaining
unchanged and in full force and effect.
Section 4: The City Council 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 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 7: 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 is attached hereto as Exhibit
"C," and incorporated herein by reference.
23-24
Ordinance No. 2025-_
..._.Page 1.3 of.1.6
1. 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 substantially greater adverse
impact than addressed in the PER
2. 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:
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 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
23-25
Ordinance No. 2025-
Page 14 of 16
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:
L 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.
3. 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 April, 2025, and peer reviewed by Kimley-Horn & Associates, Inc. The
CEQA consistency analysis is incorporated into Exhibit "D".
4. 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.
5. 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
23-26
Ordinance No. 2025-
_.__._._PNe 15_of 16
Subarea of the Housing Overlay, which would not change as part of the
Project. Therefore, the analysis contained in the PER would remain
applicable to those two sites and the Project would be consistent with the
existing zoning that allows 20 to 50 dwelling units per acre of residential
development.
6. 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 PER, and the required
determinations can be made, as detailed in Exhibit "C." 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 City Council 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 PER 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 PER
was certified, are determined to have a more severe adverse impact than
discussed in the prior PER.
23-27
Ordinance No. 2025-
Page 16 of 16
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 29th day of April, 2025, and adopted on the 10th day of
June, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron . Harp, City Attorney
Attachments: Exhibit "A" — Description and Depiction of Properties
Exhibit "B" — Amendment to the North Newport Center Planned
Community (PC-56) Development Plan
Exhibit "C" — Housing Implementation Program EIR (PA2022-0245)
Exhibit "D" — CEQA Consistency Analysis
23-28
Exhibit "A"
Description and Depiction of Properties
Applicable Accessor Parcel Numbers:
442 014 23
442 101 14
442 021 11
44210120
442 021 13
44210121
442 021 17
44210122
442 021 21
442 101 23
442 021 23
44210124
442 021 25
44210125
442 021 26
442 101 26
442 021 27
442101 27
442 021 28
44223102
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
44226101
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
23-29
c
co
10"
y�C
y�
4}
North Newport Center
Planned Community
N.]
San Joaquin
Plaza
UNTA CRUZ OR
v
2
9
Block
600 Sid
{a,
SANTA ROSA DR
Fashion Island
4 Regional Center
Block
Soo
Block 400
Jo
23-30
Exhibit "N"
Amendment to the North Newport Center Planned Community (PC-66) Development
Plan
23-31
North Newport Center
Planned Community
Development Plan
Land Uses,
Development Standards Et
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)
23-32
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23-33
Land Uses, Development Standards & Procedures
Contents
I. Introduction and Purpose of Development Plan................................................................................. I
A. Sub -Area Purpose.............................................................................................................................1
B. Relationship to Municipal Code..................................................................................................... 10
C. Relationship to North Newport Center Design Regulations...........................................................10
11. Land Use and Development Regulations.......................................................................................... 11
A. Permitted Uses................................................................................................................................ I I
B. Development Limits.......................................................................................................................12
C. Transfer of Development Rights....................................................................................................14
III. Site Development Standards.............................................................................................................
15
A.
Permitted Height of Structures.......................................................................................................15
B.
Setback Requirements....................................................................................................................16
C.
Parking Requirements....................................................................................................................
18
D.
Landscaping...................................................................................................................................19
E.
Lighting..........................................................................................................................................19
F.
Signs...............................................................................................................................................19
G.
Residential Compatibility...............................................................................................................23
H.
Residential Open Space Requirements..........................................................
IV. Planned Community Development Plan Administration..................................................................
28
A.
Process for New Structures............................................................................................................28
B.
Process for New Signs....................................................................................................................
29
C.
Transfer of Development Rights....................................................................................................
29
V. Definitions.........................................................................................................................................31
Appendix A -- Design Regulations
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
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North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Development Plan
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 171.46 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, 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 Officc/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-113
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.
North Newport Center Planned Community Development Plan
April 29, 2025
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
nk"
San Joaquin
moo. plaza /SANTACRUZOR-
o�
RBlock
1O9
Block 600
Fashion Island
SANTA ROSA DR_
Block
500
Block 400
ao
m
�P
Figure 1— North Newport Center Planned Community
North Newport Center Planned Community Development Plan
April 29, 2025
2
23-37
V
s
�nrnort Cant"
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Planned Community
1°
Not included in Planned Community's
HN
Figure 2 — Fashion Island Sub -Area
North Newport Center Planned Community Development Plan
April 29, 2025
23-38
Land Uses, Development Standards & Procedures
Section I. Introduction and purpose of Development Plan
MPlanned Community
E] Nat included in Planned Community
ON
Figure 3 — Bloch 100 Sub Area
North Newport Center Planned Community Development Plan
April 29, 2025
4
23-39
Land Uses, Development Standards & Procedures
Section I. I�tTn--a—ndlPurpo�DevelopmentpTan
Planned Community
Not included in Planned Community
HN
Figure 4 — Bloch 400 Sub Area
North Newport Center Planned Community Development Plan 5
April 29, 2025
23-40
Land Uses, Development Standards & .Procedures
Section 1-lntnoduction and -Purpose of -Development Plan -
Sa n JoaquinIsm
Rdwaqmu �. _ _
f
CO
Planned Community
® Not included in Planned Community
Figure 5 — Block 500 Sub -Area
North Newport Center Planned Community Development Plan 6
April 29, 2025
23-41
Land Uses, Development Standards & Procedures
erection L—Introducflon and- urC p of-�lopment-Plan
0 Planned Community
ElNot included In Planned Community
Figure G — Block 600 Sub -Area
North Newport Center Planned Community Development Plan
April 29, 2025
23-42
Land Uses, Development Standards & Procedures
----- - - ---------- — ---— Section I. -Introduction and -Purpose of Development Plan ------
.Ran Joaquin Hills Rd
North Newport Center Planned Community Development Plan
April 29, 2025
F
[i] Not included in Planned Community
HN
Figure 7 — San Joaquin Plaza Sub -Area
s
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Land Uses, Development Standards & Procedures
------- --- -- --- — -- -- -- Section E-introduction and -Purpose of-Develo rpmont Plan
Iq
kiZ
Q
San Clemente Drive
MPlanned Community
ElNot included in Planned Community
R = Residential
CO = Commercial Office
North Newport Center Planned Community Development Plan
April 29, 2025
G
Figure 8 - Block 800 Sub -Area
T.
23-44
Land Uses, Development Standards &. Procedures
Section I. Introduction and Purpose o Deveopent a�
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 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 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.
North Newport Center Planned Community Development Plan 10
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Land Uses, Development Standards & Procedures
ec ion11Lan Use an d Deve'lid-p-nieff e—guiations
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 Laud Use Regulation Table
Uses
Fashlon
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 I
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
MUP,
MUP,
MUP
MUP
MUP,
--
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
Pi
Pi
P
P
P1
P
P
Residential
P
P
P
P
P
P
P
Retail Sales
P
P'
P'
P
P
P1
P+
P
Animal Sales and Services
MUP
I —
-
MUP
I MUP
I --
I
MUP
Medical Retail
P
P.
P.
P
P
p—
P
Visitor Accommodations
UP
I UP
I UP
I UP
UP
UP
-
UP
P = Permitted
UP = Use Permit
MUP = Minor use Permit Issued by the Zoning Administrator
1 = Permitted as AocessorylAncillary 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
North Newport Center Planned Community Development Plan
April 29, 2025
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Land Uses, Development Standards & Procedures
ection 11. LandUse and Developmentegulations
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 ofNBMC Sections 20.28.050 and 20.48.180 because this development
plan contains commensurate or more restrictive development standards compared to the NBMC.
!North Newport Center Planned Community Development Plan 12
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Land Uses, Development Standards & Procedures
e ion and -Use and ewelopment-Regulations l
Table 2 — Development Limits (A)
San Joaquin
Land Use
Fashion Island
Block 100
Block 400
Block 500
Block 600
Block 800
Plaza
Total
Regional
1,523,416 sq.ft.
0
0
0
0
0
0
1,523,416 sq.ft,
Commercial
Movie Theater
680 seats
0
0
0
0
0
0
680 seats
11,000 sq.ft,
1
11,000 sq.ft.
Hotel
(B)
0
0
0
295
0
0
295
Residential
C
C
C
0
C
245
524C
2,269
Office!
0
150,126 sq.ft. O
91,727 sq.ft.
623,626 sq.ft.
1,310,899sq.ft.
286,166 sq.ft.
95,550 sq.ft.
2,571.481 sq.ft.
Commercial
(D)
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.0 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.
D. The development limit for Block 600 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North
Newport Center Planned Community.
L Fashion Island
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.
2. Mixed -Use Sub -Areas
The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Residential units and 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.
3. 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
North Newport Center Planned Community Development Plan 13
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i
Land Uses, Development Standards & Procedures
_Section ll-Land-Use and-D-e-WelopmenfRegulations
not counted as square footage. Support uses are not included in the square footage development limits and
shall not require parking.
4. 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.0 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.
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section III. Site Development tandards
i
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 otber building heights 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 nonresidential 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.
Saiu 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:
North Newport Center Planned Community Development Plan 15
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i
Land Uses, Development Standards & Procedures
Secfion III -Site —Development Standards E
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.
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).
S. 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
North Newport Center Planned Community Development Plan 16
April 29, 2025
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Land Uses, Development Standards &Procedures
Section III -Site Developmnt Standards
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 PIaza
San Joaquin Hills: 15 feet
Santa Cruz Dr.: 15 feet
San Clemente: 15 feet
Santa Barbara Dr.: 15 feet
North Newport Center Planned Community Development Plan 17
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Land Uses, Development Standards & Procedures
Section Ill. Site evelopment tanclards
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 feet'
Movie Theater
3 spaces per 1,000 square feet
Office
1 space per 375 square feet
Medical Office
Municipal Code
Hotel
Municipal Code
Residential
1.1 spaces per bedroom, inclusive of guest parking, including 1
covered space per unit. 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.
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Section III -Site Develop-me-nt-S=ldard-�
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
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.
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
I. 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.
Mall 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
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Land Uses, Development Standards & Procedures
ectioonn TI3ife—dv-e- opmel�n S a—ndards
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 video or animation shall be permitted on a
permanent basis. Only static images are permitted.
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
Maximum Letter/
Sign Type
Location
Maximum Number
Maximum Sign Size
Logo Height
Shopping Center
Each vehicle entry drive location
2 per entry drive (one
100 square feet
9 feet
Identification Sign
on each side)
10 feet high
Major Tenant Sign
Exterior walls or parapets of
1 sign per building
Determined by name
10 feet
buildings
elevation (maximum
of tenant; letter/logo
4 signs for each major
height not to exceed
tenant)
10 feet
Freestanding
Exterior walls or parapets of
1 sign per building
Determined by name
3 feet
Commercial
buildings
elevation (maximum
of tenant; letterllogo
4 signs for each
height not to exceed 3
building or structure)
feet
Monument
1 per building elevation
100 square feet
4.5 feet
(maximum 4)
8 feet high
Tenant Sign
Exterior elevations of shopping
1 sign per tenant, per
1 square foot per each
10 feet
center and parking structures
building elevation
lineal foot of storefront
facing Newport Center Dr.
(not to exceed 100
square feet)
Digital Monument
Facing Newport Center Drive
2
200 square feet
5 feet
Sign
(freestanding)
15 feet high
Store Address
Each entry to store
1 per store entry
6 square feet
12 inches
Entry Marker Signs
To be approved by Community
7 signs
36 square feet (with 2-
2 feet
Development Director
foot overhang)
15 feet high
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Land Uses, Development Standards & Procedures
Section Ifl.—Si e Developmen ndards
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, Bloch 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
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
A
Large cube or blade
Santa Rosa Dr.
2
15 feet high
24 inches
sign located at
at San Joaquin Hills Rd.
(1 per corner)
15 feet wide
Santa Cruz Dr.
2
15 feet high
24 inches
entries to Newport
Center
at San Joaquin Hills Rd.
(1 per corner)
15 feet wide
Block 500:
4
15 feet high
24 inches
San Joaquin Hills Rd.
15 feet wide
at Avocado Ave.
San Nicolas Dr.
at Avocado Ave.
MacArthur Blvd.
at San Joaquin Hills Rd.
Villas Fashion Island:
1
15 feet high
24 inches
Jamboree Rd.
15 feel wide
at San Joaquin Hills Rd.
B
Small cube located
San Nicolas Dr.
2
5 feet high
24 inches/48 inches
along Newport
at Newport Center Dr.
(1 per corner)
5 feet wide
Newport Center Dr.
2
5 feet high
24 inches148 inches
Center Dr.
and Santa Rosa Dr.
(1 per corner)
5 feet wide
Block 600:
5
5 foot high
24 inches148 inches
Along Newport Center Dr.
5 feet wide
Block 800:
2
5 feel high
24 inches/48 inches
Newport Center Dr.
5 feet wide
at Santa Maria Rd.
Newport Center Dr.
at Santa Barbara Dr,
C
Other Freestanding
Block 100
1 per frontage
8 feet high
36 inches148 inches
Signs
28 feet wide
Block 400:
2
5 feet high
2 inches
Avocado Ave.
at San Miguel Dr.
Along San Nicolas Dr,
1
6feet wide
13 inches
Between 500 and 550
1
4 feet high
18 inches
Newport Center Dr,
12 feet wide
Block 600:
2
8 feet high
36 inches/48 inches
Along Santa Cruz Dr.
28 feet wide
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Land Uses, Development Standards & Procedures
ection itl� e De—veopmen an ar s {
Sign
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
Bloch 800:
2
8 feet high
36 inchesl48 inches
Along Newport Center Dr.
28 feet wide
Along Santa Barbara Dr.
2
8 feet high
36 inches!
28 feet wide
48 inches
Santa Cruz Dr.
1
8 feet high
36 inchesl48 inches
at Newport Center Dr.
28 feet wide
Villas Fashion Island:
2 each
8 feet high
36 inchesl48 inches
Along San Joaquin Hills Rd.
(3 signs along San
28 feet wide
Clemente Dr.)
Along Santa Cruz Dr.
Along San Clemente Dr.
San Clemente Dr.
1
8 fleet high
36 inchesl48 inches
at Santa Cruz Dr.
28 feet wide
San Clemente Dr.
1
8 feet high
36 inchesl48 inches
at Santa Barbara Dr.
28 feet wide
D
Signs mounted on
Block 400:
9
Determined by name
18 inches
landscape walls
Facing Newport Center Dr.
of tenant; IetterAogo
(Includes ground
height not to exceed
mounted signs in
18 inches
Block 500:
4
Determined by name
36 inchesl48 inches
front of landscaping
and landscape walls)
Facing Newport Center Dr.
of tenant; letter/logo
height not to exceed
48 inches
Block 600:
3 facing San
Determined by name
36 inchesl48 inches
Facing streets
Joaquin Hills;
of tenant; lettedlogo
5 facing Newport
height not to exceed
Center Dr.;
48 lnches
1 facing Santa
Rosa Dr.
Block $00:
2
Determined by name
36 inchesl48 inches
At San Clemente Dr. project entry
of tenant; letterAogo
height not to exceed
48 inches
Block 800:
1
Determined by name
36 inches148 inches
San Clemente Dr.
of tenant; letter/logo
at Santa Barbara Dr.
height not to exceed
48 inches
Block 800
2
Determined by name
36 inchesl48 inches
Along Newport Center Dr.
of tenant; letter/logo
height not to exceed
48inches
E
Building Sign
On building elevation, awning or
2 per Primary
Determined by name
Primary Tenant:
parking structure
Tenant
of tenant; IetterAogo
24 inches
1 per Secondary
height not to exceed:
Secondary Tenant:
Tenant
Primary: 24 inches,
16 inches
3 for restaurants
Secondary: 16 inches
Restaurant: 40 inches
Restaurant: 40
inches
F
Building Address
On building elevation
1 each
24 inches high
24 inches
(additional address
signs may be
located where
appropriate for on -
site orientation)
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
Sign
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
G
Freestanding
Santa Rosa Dr.
Building Address
at Newport Center Dr.
Santa Nicolas Dr.
at Newport Center Dr.
t each
8 feet high
6 feet wide
18 inches
Santa Cruz Dr.
at Newport Center Dr.
San Joaquin Hills Rd,
2
8 feet high
28 inches
6 feet wide
H
Advisory Signs
Parking lots and entries to parking lots
As appropriate for
6 feet high
As required by Fire
safety and
Department or Building
orientation
Code for safety
purposes
Drive Through Signs
Drive throughs
t per tenant per
8 feet wide
15 inches
elevation, up to 2 on
walls of structure
J
Apartment Leasing
Apartment Projects
1 per frontage
7 feet high by 7 feet
24 inches
Signs
wide
K
Office Leasing Signs
Blocks 100, 400, 600, 600, 800 and
1 per frontage
4.5 feet high by 5
7 inches
feet wide
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.
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.
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Land Uses, Development Standards & Procedures
Section f e eve op�f-Sa—ndards— - --{
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 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.
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.
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.
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Land Uses, Development Standards & Procedures
Section Ill. Site Development Standards
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 Iandscaped. 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:
a. The required front yard area shall not be counted toward satisfying the common recreation area
requirement.
b. Residential unit entries shall be within a quarter mile walking distance of common open space.
c. Pedestrian walkways shall connect the common open space to a public right-of-way or building
entrance.
d. 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.
d. 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.
f. All common open spaces shall include seating and lighting.
4. Recreation 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.. 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.
d. Children's playground at a minimum of six hundred (600) square feet.
e. Sauna or jacuzzi.
£ Day care facility.
g. Community garden.
h. Fitness facility
i. Co -working spaces
j. Other recreational amenities deemed adequate by the Director.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
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 oftwenty (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.
7. Private Open Space
At least 25% 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.
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
North Newport Center Planned Community Development Plan 26
April 29, 2p25
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Land Uses, Development Standards & Procedures
ection Ill. Site Development an a s
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.
North Newport Center Planned Community Development Plan 27
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Land Uses, Development Standards & Procedures
ec ion N.-Planned oily Dey�op�Plan Administ—ration II
I
TV. Planned Community Development Plan Administration
A. Process for New Structures
I. 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)
C. 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
North Newport Center Planned Community Development Plan 28
April29, 2025
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Land Uses, Development Standards & Procedures
Section 0. The Community Development Director action is the final action unless appealed m acco�ithIbe- 1
Municipal Code Chapter 20.64 (Appeals).
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 Community Development
Director and said traffic study shall be included in the Plan Review Submittal. If the Community
Development Director, 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 Community Development
Director may serve as the review authority for approval of the traffic study as part of the Plan Review.
The Applicant shall be required to comply with any conditions included within the traffic study including
the implementation of any identified design features or improvements.
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.
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.
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
North Newport Center Planned Community Development Plan 29
April 29, 2025
23-64
Land Uses, Development Standards & Procedures
ectlon 0. T e Community Development Director action is the inal action unless appealed in actor ante wit e
Municipal Code Chapter 20.64 (Appeals).
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.
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Land Uses, Development Standards & Procedures
ec ion : De mi ions -
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 36.
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.
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Section V. Definitions
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 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.
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Land Uses, Development Standards & Procedures
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.13.1 above.
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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 Appartenrance: 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 36.
Secondary Tenant: A small tenant; not the primary tenant of an office building.
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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 Iden.tilication 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 establisiunent 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.
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ection-V—Defi n itions
MECHANICAL PENTHOUSE ELEVATOR OVERUN
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.
Graphic 1, Example of Building Height and Rooftop Appurtenances
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_ _.. ... .Appendik— es gD�F� a ions ,
NORTH
r
DESIGN
r%
REGULATIONS
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p/pppen ixx � sign eF�gulations
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I
I
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Appendix.- Dasign Regulations
i
I. Introduction......................................................................................................................................... 1
A. Purpose of Design Regulations........................................................................................................
I
B. Newport Center Design Framework.................................................................................................
1
C. North Newport Center......................................................................................................................4
Il. Design Regulations.............................................................................................................................
7
Usingthese 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
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Land Uses, Development Standards & Procedures
Appendix. Design ..Regulations
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)
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Early Newport Center Planning Diagrams and Sketches (circa 1960)
"0
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.
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Appendix = Design .Regulations.
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 strectscape 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
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+ 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
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AppGMtCzmD swig Megulations
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.
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Appendix— Design Regulations
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
Fashion Island
Pedestrian courtyard at
550 Newport Center Dr.
Building interface at
San Joaquin Plaza
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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.
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.
£ 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.
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
2. Building Envelope
Example of office courtyard
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.
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Appendix = DesigrrRe-gulatlorfs7-- ...
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.
C. 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.
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Example of appropriate high-rise
architecture
■OMMOMMO
H111MU
Examples of classically inspired architecture
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Example of straight forward geometry and
expression of floor levels
Example of appropriate low-rise form
Example of retail storefront visibility to pedestrians
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(Not to Scale)
I %t
Example of architectural feature
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Appendix — Design Regulations
(Not to Scale)
Example of architectural feature
MECHANICAL PENTHOUSE
ELEVATOR OVERUN
CE
Example of building height measurement on sloping terrain
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Appendix — Design Regulations
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.
C. 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.
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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
rectangular form and vines to soften visual
impact
B. Landscape
Intent
West parking structure at Fashion Island
demonstrating rectangular form and varied
landscape to soften visual impact
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 (BMWs) 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.
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Example of appropriate landscape variety
complementing the building form
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Appendix — Design Regulations
Example of layering principles
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.
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Newport Center Dr. landscape variety
San Joaquin Hills Road landscape
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San Nicolas landscape showing screening of
parked cars
Landscape adjacent to 888 San Clemente
parking structure
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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.
Evergreen hedges should be used to screen parked cars.
Fashion Island parking lot tree placement
4. Internal Landscape
San Joaquin Plaza evergreen hedges that screen
parked cars
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
pedestrian experience
North Newport Center Design Regulations
November 10, 2015
Example of landscaping creating strong
visual continuity
16
23-91
C. Circulation
Intent
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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.
I. 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.
C. Strong pedestrian connectivity, reinforced by protected walkways and landscaping,
should occur between Newport Center Dr. and the retail core of Fashion Island.
£ 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.
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
Center Dr, to Fashion Island
North Newport Center Design Regulations
November 10, 2015
Example of pedestrian amenities
17
23-92
Example of pedestrian connectivity to the street
(between 500 and 550 Newport Center Dr.)
Pedestrian amenities in Fashion Island
Pedestrian amenity in Fashion Island
Example of a strong pedestrian pathway
North Newport Center Design Regulations
November 10, 2015
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Example of the crescent walk design
framework
Example of pedestrian oriented enhancement
Storefront interface with pedestrians
Fashion Island paseo
18
23-93
U
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ry
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N
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23-94
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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
North Newport Center Design Regulations 20
November 10, 2015
23-95
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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.
�A ,
Pedestrian entrance from surface parking at
680 Newport Center Dr. demonstrating flow
from parking to building
Well-defined walkway from Newport Center Dr.
into Fashion Island at San Nicolas
North Newport Center Design Regulations
November 10, 2015
Well-defined pedestrian walkway in 5001550
Newport Center Dr. parking lot
21
23-96
A Orientation and Identity
Intent
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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.
I. 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 Santa Cruz Dr.
San Joaquin Hills Road and MacArthur
San Joaquin Hills Road and Santa Cruz Dr.
North Newport Center Design Regulations 22
November 1C, 2015
23-97
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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
Balconies at 888 San Clemente featuring ocean views
North Newport Center Design Regulations
November 10, 2015
Fashion Island major tenant visibility
23
23-98
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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
North Newport Center Design Regulations
November 10, 2015
24
23-99
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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.
C. 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
Directional sign
North Newport Center Design Regulations
November 10, 2015
Business identification sign
Temporary signs mounted on construction fence
25
23-100
FASHION NEWPORi . NEWPORT FASHION
NEWPORT F„ CENTER ISLAND PORT
ISLAND CENTER
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Sign D — Landscape Walls (existing signs as of June 2015)
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Land Uses, Development Standards & Procedures
Appendix— Design Regulations
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November 10, 2015
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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
North Newport Center Design Regulations
November 10, 2015
Non -glare producing lights at 888 San Clemente
32
23-107
Exhibit "C"
Housing Implementation Program EIR (PA2022-0246)
File available via link due to size at:
https://www.newportbeachca gov/government/departments/community-
development/planning-division/pro�ecfis-environmental-document-downtoad-
page/environmentat-document-download-page
23-108
Exhibit "D"
CEQA Consistency Analysis
File available via link due to size at:
hft s:/lecros.new ortbeachca. ovIWE@IDocView.as x?id=3116123&dbid=0&re o--CNB
23-109
Attachment B
Ordinance No. 2025- 8
23-110
ORDINANCE NO. 2025- 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING A
SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT NO. DA 2007-002, ENTITLED ZONING
IMPLEMENTATION AND PUBLIC BENEFIT AGREEMENT
FOR THE PROJECT LOCATED AT 100 AND 190
NEWPORT CENTER DRIVE AND VARIOUS ADDRESSES
WITHIN THE NORTH NEWPORT CENTER PLANNED
COMMUNITY (PA2024-0173)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies -and
analyzes existing and projected housing needs within their jurisdiction .and prepare goals,
policies, and programs, and quantified objectives to further the development,
improvement, and preservation of housing;
WHEREAS, an application was filed by 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 "A" ("Properties"), which is attached hereto and incorporated herein
by reference, requesting approval of amendments to the PC-56 Development Plan that
would incorporate 1,500 dwelling units from the development limit established through
the HO-4 (Newport Center Area) Subarea ("HO-4 Subarea") of the Housing Opportunity
(HO) Overlay Zoning Districts set forth in Section 20.28.050 (Housing Opportunity (HO)
Overlay Zoning Districts) of the Newport Beach Municipal Code ("NBMC") and derived
from the City's 6t" Cycle Housing Element;
WHEREAS, the Applicant maintains ownership interest and control over several
properties within the HO-4 (Newport Center Area) Subarea and requests the following
approvals (collectively, the "Project"):
23-111
Ordinance No. 2025-
Page 2 of 9
• 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 (Newport Center Area) Subarea to the Properties
within the PC-56 Development Plan along with other amendments including
increased 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 use,
updating sign standards and changing the zoning of 100 and 190 Newport
Center Drive from Office -Regional (OR) to PC-56 Development Plan;
• Amendment to Development Agreement No. DA 2007-002, entitled Zoning
Implementation and Public Benefit Agreement ("Second Amendment to DX)
between the City and the Applicant to vest development rights for 1,500
dwelling units created by the HO-4 Subarea in exchange for public benefits;
• 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");
WHEREAS, the Properties are categorized as Mixed Use Horizontal (MU-113),
Commercial Regional Office (CO-R), Regional Commercial (CR), Multiple Residential
(RM), Open Space (OS), Medical Commercial Office (CO-M) by the General Plan Land
Use Element and are located within the PC-56 Zoning District except the properties at
100 and 190 Newport Center Drive which are located within the Office -Regional (OR)
Zoning District;
WHEREAS, the Properties are not located within the coastal zone;
WHEREAS, the Project does not propose the construction of housing, only the
reallocation of 1,500 dwelling units from the development limit established through the
HO-4 Subarea of the Housing Opportunity (HO) Overlay Zoning Districts and derived
from the City's 6th Cycle Housing Element into the PC-56 Development Plan;
23-112
Ordinance No. 2025-
Page 3 of 9
WHEREAS, a public hearing was held by the Planning Commission 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"), Chapter 20.62 (Public Hearings) of
the NBMC, and Section 15.45.050 (Public Hearing -Notice) of the NBMC. Evidence, both
written and oral, was presented to and considered by, the Planning Commission at this
hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
2025-006 by a unanimous vote (5 ayes, 0 nays, 2 recusals) recommending the City
Council approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission
("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land
Use Plan ("AELUP");
WHEREAS, on April 17, 2025, the ALUC determined the Project is consistent
with the AELUP by a unanimous vote;
WHEREAS, the City and Applicant entered into the Zoning Implementation and
Public Benefit Agreement in 2007, amended in 2012, which was amended and restated
in 2013 ("DA"), attached hereto as Exhibit T," and incorporated herein by reference,
that provide development rights within North Newport Center in exchange for significant
public benefits over a term of 20 years;
WHEREAS, the Second Amendment to DA is required by Chapter 15.45
(Development Agreements) of the NBMC in that the Project would add more than 50
dwelling units within Statistical Area L1 (Newport Center);
WHEREAS, Section 15.45.040 (Contents) of the NBMC requires the
development agreement to include the permitted use of the properties, density or
intensity of use, maximum height, and size of proposed building into a development
agreement;
WHEREAS, the Second Amendment to DA satisfies the mandatory elements of
Section 15.45.040 (Contents) of the NBMC as it incorporates all land use approvals
required for the Project consistent with the PC-56 Development Plan;
23-113
Ordinance No. 2025-
Page 4 of 9
WHEREAS, the Second Amendment to DA provides further non -mandatory
elements, including a term of ten additional years (until 2042) for completion of the
Project along with providing public benefits that are appropriate to support conveying
the vested development rights consistent with the Newport Beach General Plan,
relevant provisions of the NBMC, and Government Code Sections 65864 et seq.; and
WHEREAS, a public hearing was held by the City Council on April 29, 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 the Ralph M. Brown
Act, Chapter 20.62 (Public Hearings) of the NBMC, and Section 15.45.050 (Public
Hearing - Notice) of the NBMC. Evidence, both written and oral, was presented to and
considered by, the City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council finds the Second Amendment to DA is consistent
with provisions of California Government Code Sections 65864 et seq. and Chapter
15.45 (Development Agreements) of the NBMC that authorize binding agreements that:
(i) encourage investment in, and commitment to, comprehensive planning and public
facilities financing; (ii) strengthen the public planning process and encourage private
implementation of the local general plan; (iii) provide certainty in the approval of projects
in order to avoid waste of time and resources; and (iv) reduce the economic costs of
development by providing assurance to the property owners that they may proceed with
projects consistent with existing policies, rules, and regulations.
Additionally, the City Council finds the Development Agreement is entered into
pursuant to, and constitutes a present exercise of, the City's police power and is in the
best interest of the health, safety, and general welfare of the City, residents, and the
.public.
23-114
Ordinance No. 2025-
Page 5 of 9
The City Council 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: The Second Amendment to Development Agreement No. DA2007-
002, which is attached hereto as Exhibit "C" and incorporated herein by reference, is
hereby approved.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: 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 is available in Exhibit "D,"
and incorporated herein by reference.
1. 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.
23-115
Ordinance No. 2025-
Page 6 of 9
2. 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 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:
The project is consistent with:
A. A community plan adopted as part of a general plan;
23-116
Ordinance No. 2025-
Page 7 of 9
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.
3. 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.
which is available at Exhibit "E," and incorporated herein by reference.
4. 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.
5. Although the Project includes a zoning amendment to change the designation
of 100 and 190 Newport Center Drive from the Office -Regional (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 with the
existing zoning that allows 20 to 50 dwelling units per acre of residential
development.
23-117
Ordinance No. 2025-
Page 8 of 9
6. 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 PER, and the required
determinations can be made. 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 City Council
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 PER
was certified, are determined to have a more severe adverse impact than
discussed in the prior PER.
23-118
Ordinance No. 2025-
Page 9 of 9
Section 7: The Mayor shall sign and the City Cleric shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 29th day of April, 2025, and adopted on the 10th day of
June, 2025, by the following vote, to -wit -
AYES:
NAYS:
Joe Stapleton, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
7. C� fs-2.
Aaron C.
arp, City A ney
Attachm ts: Exhibit "A" —
Description and Depiction of Properties
Exhibit "B" —
Development Agreement No. DA 2007-002, entitled
Zoning Implementation and Public Benefit Agreement
Exhibit "C"
— Second Amendment to Development Agreement No.
DA2007-002
Exhibit "D"
— Housing Implementation Program EIR (PA2022-0245)
Exhibit "E"
— CEQA Consistency Analysis
23-119
Exhibit "A"
Description and Depiction of Properties
Applicable Accessor Parcel Numbers:
442 014 23
442 101 14
442 021 11
44210120
442 021 13
44210121
442 021 17
44210122
442 021 21
44210123
442 021 23
44210124
442 021 25
442 101 25
442 021 26
44210126
442 021 27
44210127
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
44202149
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
44210109
442 101 11
442 101 13
23-120
IWO.
San Joaquin
Plaza "\",
Block
600
Block
800
AP,
SANTARosa OR
Fashion Island Block
Regional Center 500
V t•fBlock 400
: B I o c 7k,�,-',
100 30.
North Newport Center
Planned Community
23-121
Exhibit "B"
Development Agreement No. DA 2007-002, entitled Zoning Implementation
and Public Benefit Agreement
_https:Hecros.newportbeachca.gov/WEB/DocView.aspx?id=28070&dbid=0&repo=
CNB&searchid=6f12ffd4-2e51-4865-8dc6-f234770f23a5
23-122
Exhibit "C"
Second Amendment to Development Agreement No. DA2007-002, entitled
Zoning Implementation and Public Benefit Agreement
[TO BE INSERTED]
23-123
Exhibit "D"
Housing Implementation Program EIR (PA2022-0245)
File available via link due to size at:
https://www.newportbeachca.goy/government/departments/community-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download -page
23-124
Exhibit "E"
CEQA Consistency Analysis
File available via link due to size at:
https:Hecros.newportbeachca.gov/WEB/DocView.aspx?id=3116123&dbid=0&repo=CNB
23-125
Attachment C
Resolution No. 2025-19
23-126
RESOLUTION NO. 2025-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING AN
AFFORDABLE HOUSING IMPLEMENTATION PLAN
AND WATER SUPPLY ASSESSMENT FOR
PROPERTIES LOCATED AT 100 AND 190 NEWPORT
CENTER DRIVE AND VARIOUS ADDRESSES WITHIN
THE NORTH NEWPORT CENTER PLANNED
COMMUNITY (PA2024-0173)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development, improvement,
and preservation of housing;
WHEREAS, an application was filed by 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 "A" ("Properties"), which is attached hereto and incorporated herein
by reference, requesting approval of amendments to the PC-56 Development Plan that
would incorporate 1,500 dwelling units from the development limit established through
the HO-4 (Newport Center Area) Subarea ("HO-4 Subarea") of the Housing Opportunity
(HO) Overlay Zoning Districts set forth in Section 20.28.050 (Housing Opportunity (HO)
Overlay Zoning Districts) of the Newport Beach Municipal Code ("NBMC") and derived
from the City's 6th Cycle Housing Element;
WHEREAS, the Applicant maintains ownership interest and control over several
properties within the HO-4 Subarea and requests the following approvals (collectively, the
"Project"):
23-127
Resolution No. 2025-
Page 2 of 9
• 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 along with, other amendments including increased 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 use, updating sign standards and
changing the zoning of 100 and 190 Newport Center Drive from Office -Regional
(OR) to PC-56 Development Plan;
• Amendment to Development Agreement No. DA 2007-002, entitled Zoning
Implementation and Public Benefit Agreement ("Second 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 public benefits;
• Affordable Housing Implementation Plan ("AHIP") that specifies how the
Applicant will assist 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");
WHEREAS, the Properties are categorized as Mixed Use Horizontal (MU-113),
Commercial Regional Office (CO-R), Regional Commercial (CR), Multiple Residential
(RM), Open Space (OS), Medical Commercial Office (CO-M) by the General Plan Land
Use Element and are located within the PC-56 Zoning District except the properties at
100 and 190 Newport Center Drive which are located within the Office -Regional (OR)
Zoning District;
WHEREAS, the Properties are not located within the coastal zone;
WHEREAS, the Project does not propose the construction of housing, only the
reallocation of 1,500 dwelling units from the development limit established through the
HO-4 Subarea of the Housing Opportunity (HO) Overlay Zoning Districts and derived from
the City's 6th Cycle Housing Element into the PC-56 Development Plan;
23-128
Resolution No. 2025-
Page 3 of 9
WHEREAS, a public hearing was held by the Planning Commission 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"), Chapter 20.62 (Public Hearings) of the
NBMC, and Section 15.45.050 (Public Hearing -Notice) of the NBMC. Evidence, both
written and oral, was presented to and considered by, the Planning Commission at this
hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
2025-006 by a unanimous vote (5 ayes, 0 nays, 2 recusals) recommending the City
Council approve the Project;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Project to the Orange County Airport Land Use Commission ("ALUC")
to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan
("AELUP");
WHEREAS, on April 17, 2025, the ALUC determined the Project is consistent with
the AELUP by a unanimous vote; and
WHEREAS, a public hearing was held by the City Council on April 29, 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 the Ralph M. Brown Act,
Chapter 20.62 (Public Hearings) of the NBMC, and Section 15.45.050 (Public Hearing -
Notice) of the NBMC. Evidence, both written and oral, was presented to and considered
by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council has considered the recommendation of the
Planning Commission and determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council hereby approves the Affordable Housing
Implementation Plan and Water Supply Assessment, which are attached hereto as
Exhibits "B" and "C," respectively, and incorporated by reference.
23-129
Resolution No. 2025-
Page 4 of 9
Section 3: The Affordable Housing Implementation Plan was prepared by CAA
Planning, Inc. dated April, 2025, for the Project to outline its affordable housing benefits
and performance requirements. The AHIP is consistent with the City's housing goals
identified in the adopted and certified General Plan Housing Element for the following
reasons:
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 "B" to this resolution. Pursuant
to the AHIP, the Applicant will be responsible for constructing a minimum of
105 affordable dwelling units within a specified timeframe. If the dwelling units
are not constructed by the identified date, then alternatives have been
provided to dedicate land to the City for the future construction of affordable
housing or to provide payment of in -lieu fees based on the number of market
rate units constructed as part of the Project.
fr
2. The AHIP has been prepared consistent with the provisions of Section
20.52.015 (Affordable Housing Implementation Plan) of the NBMC.
Section 4: A WSA has been prepared by Fuscoe Engineering, Inc. dated
January 14, 2025, for the Project to evaluate the water supply availability pursuant to
Senate Bill No. 610 adopted in 2011 and codified in Section 21151.9 of the California
Public Resources Code, and Section 10910 et seq. of the California Water Code and as
contemplated in the City's Housing Implementation Program Final Program EIR. The
WSA is attached hereto as Exhibit "C." The WSA conforms to the applicable requirements
and is acceptable for the following reasons:
1. The WSA evaluates whether the total projected water supply, determined to
be available by the City 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.
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.
23-130
Resolution No. 2025-
Page 5 of 9
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 Project for the next 20
years.
Section 5: The City Council 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 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 8: Pursuant to the California Environmental Quality Act ("CEQA") asset
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 is attached hereto as Exhibit "D," and incorporated herein by
reference.
23-131
Resolution No. 2025-
Page 6 of 9
1. 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.
2. 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 determined to have a more severe
adverse impact than discussed in the prior EIR.
23-132
Resolution No. 2025-
Page 7 of 9
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:
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.
3. 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 April
2025, and peer reviewed by Kimley-Horn & Associates, Inc. The CEQA
consistency analysis is attached hereto as Exhibit "E" and hereby incorporated
by reference.
4. 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
23-133
Resolution No. 2025-
Page 8 of 9
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.
5. Although the Project includes a zoning amendment to change the designation
of 100 and 190 Newport Center Drive from the Office -Regional (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 with the
existing zoning that allows 20 to 50 dwelling units per acre of residential
development.
6. 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.
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 City Council 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.
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Resolution No. 2025-
Page 9 of 9
Section 8: This resolution shall take effect upon adoption of Ordinance Nos.
2025-_ and 2025-_ (PA2024-0173), and the City Clerk shall certify the vote adopting
the resolution.
ADOPTED this 29th day of April, 2025.
Joe Stapleton
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AaroC. Harp
City ttorney
Attachments: Exhibit "A" — Description and Depiction of Properties
Exhibit "B" —Affordable Housing Implementation Plan (AHIP)
prepared by CAA Planning, Inc. dated April, 2025
Exhibit "C" — Water Supply Assessment prepared by Fuscoe
Engineering, Inc. dated January 14, 2025
Exhibit "D" — Housing Implementation Program EIR (PA2022-0245)
Exhibit "E" — CEQA Consistency Analysis
23-135
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 02-1 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
23-136
M'C'
North Newport Center
Planned Community
0
San Joaquin
aza
=Tj
Block K
600 y.{
/ SANTA ROSA DR.
Fashion Island Block
Regional Center Soo
Block
100
l,.. Q7
�P
Block 400
23-137
Exhibit "B"
Affordable Housing Implementation Plan (AHIP) Prepared by CAA Planning, Inc.,
dated April, 2025
23-138
NORTH NEWPORT CENTER
PLANNED COMMUNITY
AFFORDABLE HOUSING
IMPLEMENTATION PLAN
Prepared For:
The City of Newport Beach
April 2025
23-139
Contents
I.
Introduction................................................................................................................................... I
Background...................................................................................................................................1
II.
Affordable Housing Plan ............................................................................................................... 3
ProposedPlan ................................................................................................................................ 3
Number of Affordable Units,/Income Levels........................................................................................................ 3
Implementation......................................................................................................................................................... 4
Conclusion................................................................................................................................................................. 4
III.
Consistency with Housing Element....................................................................................................................... 5
IV.
Amendments to the AHIP......................................................................................:................................................ 5
V.
Authority....................................................................................................................................................................5
Figures
Exhibit 1 - North Newport Center Planned Community........................................................................ 2
North Newport Center Planned Community i
Affordable Housing Implementation Plan
23-140
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-113, 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 Newport Beach Municipal Code Sections 20.80.025 (Housing Opportunity Overlay
Zoning Districts maps) and 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) including
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 8 1 % 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 (SLAG) prepares the state -mandated 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)
North Newport Center Planned Community
Affordable Housing Implementation Plan
23-141
North Newport Center
Planned Community
Exhibit 1 - North Newport Center Planned Community
North Newport Center Planned Community
Affordable Housing Implementation Plan
II
23-142
II. Affordable Housing Plan
Proposed Plan
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).
B. Dedication of Property to -the City
If Irvine Company is unable to construct new affordable housing units as described in Section II.A
above and in a manner consistent with the Implementation terms below, Irvine Company shall dedicate
land to the City, which could include land not currently zoned for residential use, for the purpose of
future affordable housing development. The site shall be of adequate size to allow for construction of
at least 105 affordable housing units at an assumed density of 20-50 dwelling units to the acre. The site
shall be free of any restrictions such as easements, covenants, conditions, or other restrictions that
would preclude or make financially infeasible the development of the intended affordable housing
development as determined by the City. The City shall coordinate with Irvine Company regarding
design. Notwithstanding any covenants, conditions or other restrictions, the City shall be the final
review authority regarding design of the building(s) and property.
C. Fee Payment
In the event that construction of new affordable housing units as described in Section II.A above, or
dedication of property as described in Section II.B above, is not possible, Irvine Company shall pay
the City an affordable housing in -lieu fee of $36,690 per market -rate unit constructed. If the City
determines that the conditions in Sections II.A and II.B above cannot be met, the fee for any market -
rate unit that has received a building permit shall be paid to the City within 90 days of said
determination. For any remaining market -rate units to be constructed, the in -lieu fee shall be paid at
the time of building permit issuance.
Number and Type of Affordable Units
The Irvine Company proposes to build new affordable housing units which equate to 7% of new
market -rate 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 market -rate
residential units. Irvine Company is contemplating the construction of approximately 1,500 new
market -rate residential units in Newport Center, which would require construction of 105 new
North Newport Center Planned Community
Affordable Housing Implementation Plan
23-143
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 (Section
II.A), 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.
North Newport Center Planned Community 4
Affordable Housing Implementation Plan
23-144
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
Housing Element as follows:
Housing Goal #3 A variety of housing types, designs, and opportunities for all social and
economic segments.
Housing Policy 3.1 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 stockfor extremely low-, very low-, low-, and
moderate -income households.
Housing Policy 5.1 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.
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. 2025- on the 29th
day of April, 2025.
North Newport Center Planned Community
Affordable Housing Implementation Plan
23-145
Exhibit "C"
Water Supply Assessment, prepared by Fuscoe Engineering, Inc. dated January 14,
2025
File available via link due to size:
https:Hecros.newportbeachca.gov/WEB/DocView.aspx?id=3102628&dbid=0&repo=CNB
23-146
Exhibit "D"
Housing Implementation Program EIR (PA2022-0245)
File available via link due to size at:
https://www. newportbeachca.gov/government/departments/commu nity-
development/planning-division/projects-environmental-document-download-
page/environmental-document-download-page
23-147
Exhibit "E"
CEQA Consistency Analysis
File available via link due to size at:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=3116123&dbid=0&repo=CNB
23-148
Attachment D
Planning Commission Staff Report (No Attachments)
23-149
PO CITY OF NEWPORT BEACH
n PLANNING COMMISSION STAFF REPORT
' March 6, 2025
�+4L,JF:0P. Agenda Item No. 3
SUBJECT: North Newport Center Planned Community (PC-56) Amendments
(PA2024-0173)
■ Planned Community Development Plan Amendment
■ Development Agreement
■ Affordable Housing Implementation Plan
■ Water Supply Assessment
SITE LOCATION: 100 and 190 Newport Center Drive and Various locations in PC-56
APPLICANT/OWNER: Irvine Company
PLANNER: Liz Westmoreland, AICP, Principal Planner
949-644-3234, Westmoreland@newportbeachca.gov
PROJECT SUMMARY
Irvine Company (Applicant) maintains ownership interest and control over several properties
in Newport Center, which are located within the North Newport Center Planned Community,
known as "PC-56." The Applicant requests to amend the PC-56 Development Plan primarily
to allow for the development of additional housing opportunities in alignment with the
housing strategy identified by the City's 6t" Cycle Housing Element. The Applicant also
requests other changes, including increased building height limits for Fashion Island, Block
100, and San Joaquin Plaza, modified open space requirements, additional objective design
standards, modified parking standards for residential, updated sign standards, and other
minor text changes. The amendments include changing the zoning of 100 and 190 Newport
Center Drive from OR (Office -Regional) to PC-56. No construction is currently proposed.
Additionally, the Applicant requests approval of a development agreement to vest the
development rights in exchange for public benefits including an affordable housing
implementation plan (AHIP) that describes the affordable housing obligations. As required
by State Law, the project includes a water supply assessment (WSA) to evaluate the City's
ability to meet the water needs of future residents of the housing projects. The WSA is
required as the project includes more than 500 dwelling units.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project is not subject to further environmental review pursuant to Section
21083.3 of the California Public Resources Code (PRC) and Section 15183 of the
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CEQA Guidelines because the Project is consistent with the previously certified
Program Environmental Impact Report (SCH No. 2023060699); and
3) Adopt Resolution No. PC2025-006 (Attachment No. PC 1) recommending City
Council approval of the Planned Community Development Plan (PC-56) Amendment,
Development Agreement, Affordable Housing Implementation Plan, and Water
Supply Assessment for various properties within the PC-56 Zoning District and 100
and 190 Newport Center Drive (PA2024-0173).
INTRODUCTION
Project Setting
Newport Center
Newport Center, shown in Figure 1, is a regional hub of business and commerce featuring
master -planned, mixed -use development. It encompasses major retail, professional
office, entertainment, recreation, and residential spaces. At its core, Fashion Island
serves as the primary anchor, surrounded by a blend of office, entertainment, and
residential uses. Newport Center Drive, a ring road encircling Fashion Island, provides
access to internal roads that connect various blocks and link to four major arterials
supporting the development. The north end of Newport Center is distinguished by high-
rise office and hotel buildings, creating a visual backdrop for the lower -rise structures and
activities to the south and west. The area also includes two hotels and a mix of public and
semi-public facilities, such as the Newport Beach Police and Fire Departments.
Additionally, Newport Center houses a transportation center located at the intersection of
San Joaquin Hills Road and MacArthur Boulevard.
Figure 1, Aerial photograph of Newport Center
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North Newport Center Planned Community (PC-56)
Planning for Newport Center has primarily been accomplished through the North Newport
Center Planned Community (PC-56) Development Plan, which serves as the regulatory
zoning document. Irvine Company has an ownership interest in all the properties within
PC-56. Several properties in Newport Center are not under Irvine Company ownership
and are not subject to the regulations of PC-56. For example, Blocks 200 and 300 (Design
Plaza and Big Newport), the VEA Hotel, City -owned properties, a handful of medical
offices, and the Pacific Life Building at 700 Newport Center Drive are not owned by Irvine
Company. Figure 2 below shows which properties are currently included in PC-56 and
regulated by its development plan.
Figure 2, Irvine Company -owned properties in Newport Center regulated by PC-56
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Relevant Background
Housing Element and the Newport Center as a Focus Area
The City's Housing Element for the 6t" Cycle Regional Housing Needs Assessment
(RHNA) was adopted by the City Council on September 13, 2022, and certified by the
California Department of Housing and Community Development (HCD) as statutorily
compliant on October 5, 2022. A major component of the 6t" Cycle Housing Element
(Housing Element) is its Section 4 (Housing Plan), which outlays the City's housing
strategy with an implementation program and several policy actions. Notably the Housing
Element identifies Newport Center as a focus area that has potential to accommodate
additional residential development and/or redevelopment of existing sites with residential
projects.
On September 24, 2024, the 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 Housing Element.
Section 20.28.050 of the NBMC allows for new housing opportunities within five subareas
to ensure the City can accommodate its 6t" Cycle 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)
• 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 development limit that identifies the maximum number of dwelling units
allowed.
Many of the properties in PC-56 Zoning District and the properties at 100 and 190
Newport Center Drive are located within the HO-4 Subarea. The development limit for the
HO-4 Subarea is 2,439 units and the required average density range is 20 to 50 dwelling
units per acre. Figure 3 below depicts properties identified as housing sites within HO-4
and eligible for the development of housing pursuant to the Housing Overlay of the NBMC.
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Project Overview
As previously identified, the Applicant owns and/or controls most of the property within
Newport Center. Based on the need for additional housing and the recent implementation
of the City's Housing Element, the Applicant seeks to revisit its master planning for the
Newport Center area to incorporate additional residential opportunities and refine other
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development standards of PC-56. To accomplish their objectives, the Applicant seeks the
following approvals from the City:
Amendments to the PC-56 Development Plan to allocate 1,500 dwelling units
to the PC-56 Development Plan from the development limit identified in the HO-4
(Newport Center) Subarea of the Housing Opportunity (HO) Overlay Zoning
Districts pursuant to Newport Beach Municipal Code (NBMC) Section 20.28.050
(Housing Opportunity (HO) Overlay Zoning Districts). 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 include
changing the zoning of 100 and 190 Newport Center Drive from OR (Office -
Regional) to PC-56;
• Development Agreement Amendment between the City and Irvine Company to
vest the increased residential density of 1,500 dwelling units in exchange for public
benefits. The existing Development Agreement includes an Affordable Housing
Implementation Plan (AHIP), which will be modified 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
EIR.
Each of these approvals are discussed in detail in the proceeding section under separate
headers.
ANALYSIS
PC-56 Development Plan Amendments
The following discussion describes the various amendments to the PC-56 Development
Plan and a brief analysis of each. Other minor text changes are also proposed. The
complete text revisions that are proposed for the PC-56 Development Plan are provided
as Exhibit "C" to Attachment No. PC 1.
Typically, properties identified as Housing Overlay sites in Section 20.80.025 (Housing
Opportunity Overlay Zoning District Maps) of the NBMC are subject to the standards
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identified in said Section. However, incorporation of the dwelling units into the PC-56
Development Plan would mean that future residential development is subject to its
development standards and the provisions of the Housing Overlay would not apply. 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 1,500 dwelling units from the HO-4 Subarea's development limit
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.
Dwelling Unit Limit and Allowed Uses
The proposed amendments would modify the existing maximum dwelling unit limit from
769 to 2,269 (i.e., an increase of 1,500 dwelling units). Although the new Housing Overlay
allows construction of residential dwelling units regardless of the underlying zoning
designation, the amendments include changing the allowed uses for Fashion Island and
Blocks 100 and 400 to allow for residential development. Revised Table 2 (Development
Limits) of the PC-56 Development Plan, is included below to show the proposed
development limits, including the 1,500 dwelling units allocated from the HO-4 Subarea
(denoted as Footnote C).
Table 1 — Proposed PC-56 Development Plan Table 2 Development Limits (A)
San
Fashion
Block
Block
Block
Block
Joaquin
Land Use
Island
100
400
500
Block 600
800
Plaza
Total
Regional
1,523,416
0
0
0
0
0
0
1,523,416
Commercial
square feet
SF
(SF)
Movie
680 seats
0
0
0
0
0
0
680 seats
Theater
11,000 SF
11,000 SF
Hotel
B
0
0
0
295
0
0
295
Residential
C
C
C
0
C
245
524C
2,269
Office/
0
150,126
91,727
623,525
1,310,899
286,166
95,550
2,571,481
Commercial
SF
SF
SF D
SF
SF
SF
SF
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.0 and IV.0 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.
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.
D.The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing
12,000 SF office buildings into North Newport Center Planned Community
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The 1,500 dwelling units would only be developed on Housing Overlay sites and would
be required to meet an average minimum density of 20 dwelling units per acre (per site)
and an average maximum density of 50 dwelling units per acre (in aggregate).
Additional Properties Rezoned
The project includes rezoning the two properties at 100 and 190 Newport Center Drive
from the OR (Office Regional) Zoning District to the PC-56 Zoning District, as identified
in Figure 4 below. The existing properties are currently occupied by office buildings. The
PC-56 Development Plan allows office as an allowed use, thereby allowing for the
continuation of office uses if other uses are not constructed in the future. Further, the
existing floor area of those two buildings has been captured within the PC-56
Development Plan amendments to ensure the existing buildings remain conforming.
Figure 4, Properties to be Incorporated into PC-56
Streamlined Review Process
The amendments 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. Currently, projects that are consistent with the General Plan and
development standards of the PC-56 Development Plan are reviewed by the Community
Development Director in lieu of the Planning Commission or other discretionary body.
This same procedure would apply to future residential projects that are consistent with
the development standards. The Director would be required to approve the project if it is
consistent with the following findings for approval (as identified in the PC-56 Development
Plan):
1. The proposed use and/or development is consistent with the General Plan; and
2. The proposed use and/or development is consistent with the North Newport Center
PC Development Plan and Design Regulations.
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The decision by the Director would be appealable pursuant to Section 20.64 (Appeals) of
the NBMC.
Furthermore, projects that require the preparation of a traffic study pursuant to Chapter
15.40 (Traffic Phasing Ordinance) of the NBMC would also be subject to streamlined
review, as specified in the proposed amendments. This would be a new provision in the
PC-56 Development Plan. However, if a traffic study reveals that the project trips will
cause or make worse an unsatisfactory level of traffic service, then review by the Planning
Commission and/or City Council would still be required. Therefore, this streamlining
provision could expedite the construction of new housing opportunities in the City in
furtherance of Housing Element Policy Action 4B (Streamlined Project Review) and is
consistent with the longstanding implementation of the PC-56 Development Plan.
Height
The amendments to the PC-56 Development Plan include changes to the allowed heights
of buildings in three areas of Newport Center. The PC-56 Development Plan designates
height limits by sub -area, and for Fashion Island, it also specifies heights by type of
building. The proposed changes to maximum height limits are described below in Table
2 and would apply to both residential and nonresidential structures (except as specified).
Table 2: Chanaes to Maximum Heiaht Limits
Building Location/Building Type
Existing Height Limit
Proposed Height Limit
Fashion Island
Residential
N/A
225 feet
Major Buildings
125 feet
125 feet
Mall Buildings
75 feet
75 feet
Parking Structures
55 feet
55 feet
Periphery Buildings
40 feet
40 feet
Block 100
Nonresidential
50 feet
50 feet
Residential
N/A
125 feet
Blocks 400, 500, and 600
295 feet
295 feet
Block 800
Nonresidential
125 feet
125 feet
Residential
200 feet
200 feet
San Joaquin Plaza
65 feet
65/85**
*Height limits in PC-56 are generally measured from finished grade.
**The height limit is 65 feet with the exception of 800 San Clemente Drive, which is limited to 85 feet.
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.
Additionally, as proposed, the height limits in these three subareas are still 70 to 210 feet
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lower than the existing permitted heights in Blocks 400, 500, and 600.Thefore, new
structures built pursuant to these standards would not be out of character in the context
of Newport Center.
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 private residential views across the southeastern portion of Newport Center.
The Planning Commission recently approved amendments to the Housing Overlay to
increase the height limits for residential development, including several areas of Newport
Center that are within PC-56 (Planning Commission Resolution No. PC2025-004). The
amendments are intended to facilitate the design and construction of new residential
development consisting of 20 dwelling units per acre to 50 dwelling units per acre.
Objective Design Standards
Residential projects located within the Housing Overlay are subject to the recently
adopted 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 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.
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Open Space
The amendment also includes changes to the existing private open space requirements
for residential projects. 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 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 amendment includes a relevant new requirement for "Recreation Amenities"
to serve future residential projects. The new recreation 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.
Parking
The amendment includes changes to the residential parking requirements. A comparison
to the previous requirements and the City's default requirements from the NBMC are
provided in Table 3 below.
Table 3 — Residential Parking Comparison
Zoning Document
Parking Requirement
Existing PC-56
2 spaces per unit including 1 covered (not including guest parking)
0.5 guest spaces per unit up to 50 units, then 0.25 spaces per unit
At least one space per unit shall be covered
Proposed PC-56
1.1 parking spaces per bedroom (including guest parking)
At least one space per unit shall be covered
NBMC (20.28.050)*
Rental:
Range of 1.1 spaces to 3 spaces per unit based on bedroom count
0.3 guest spaces per unit
Ownership:
Range of 1.4 spaces to 2.0 spaces per unit based on bedroom
count
0.3 guest spaces per dwelling unit
"This NBMC section does not specify the type of parking (covered, uncovered, garage, etc.).
As evidenced in the table, although the PC-56 Development plan uses a slightly different
methodology for calculating parking, the proposal is generally consistent with the City's
standards for parking.
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Signs
The amendment includes changes to signs to allow larger signs that are generally
consistent with approved comprehensive 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.
General Plan Consistency
An amendment to the PC-56 Development Plan is a zoning amendment and legislative
act. Neither Title 20 (Planning and Zoning) of the NBMC, nor the PC-56 Development
Plan, nor California Government Code Section 65000 et seq., sets forth any required
findings for approval of such amendments. However, Section 20.66.040 (Commission
Recommendation) of the NBMC requires the Planning Commission to make and file a
report of its findings and recommendations with the Council, especially as it pertains to
consistency with the General Plan. A detailed analysis is provided in Attachment No. PC
1 with a condensed version below. In summary, the project is in direct furtherance of the
following General Plan Policies:
• Housing Element Policy Action 1 C— Newport Center
• Housing Element Policy Action 3A — Objective Design Standards
• Housing Element Policy Action 4B — Streamlined Project Review
• Land Use Element Policy LU 2.2 — Sustainable and Complete Community
• Land Use Element Policy LU 3.3. — Opportunities for Change
• Land Use Element Policy LU 4.4 — Rezoning to Accommodate Housing
Opportunities
• Land Use Element Policy LU 4.5 - Residential Uses and Residential Densities
• Land Use Element Policy LU 4.6 Continuation of Existing Development
• Land Use Element Policy LU 6.14.4 - Development Scale
The PC-56 Development Plan amendment will provide a "land use regulatory policy" to
implement the housing opportunities within the Newport Center subarea of the City. The
proposed amendment would allocate 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-
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4) Subarea, nor would it impact the dwelling units reserved for properties that are located
within the Coastal Zone.
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.
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 assists the City
in in the production of affordable housing.
As previously discussed, the PC-56 Development Plan would incorporate the two new
properties (100 and 190 Newport Center Drive) into the PC while allowing for the existing
underlying development rights to be maintained.
Development Aareement (DA) and Affordable Housina Implementation Plan (AHIP
There is an existing DA between the City and Applicant for this area that is also referred
to as the "Zoning Implementation and Public Benefit Agreement." The DA, approved in
2007 and amended in 2013, provides development rights in exchange for significant
public benefits over a term of 20 years. The Applicant is seeking a third amendment to
the DA to vest rights to construct 1,500 dwelling units on housing opportunity sites within
the PC-56 Zoning District. While some details of the DA have not been finalized at the
time of publishing, a draft DA is included as Exhibit D to Attachment No. PC 1 and includes
the following key terms:
• Term: Extend existing DA by 10 years to 2042
• Public Benefit Fee: $17,000/unit for any units constructed after 2032
• Recreation/Park Fee: $34,000/unit for 700 units
• Off -Site Improvements: Development of a landscape and street master plan for
Newport Center and construction of improvements
• Development Impact Fees: Voluntary payment of Development Impact Fees
• Affordable Housing: Commitment to develop a minimum of 105 housing units
affordable to very -low or low-income households by 2029
Although the existing DA includes an AHIP, a new AHIP (included as Exhibit E to
Attachment No. PC 1) is required to address the Applicant's new commitments to
affordable housing. The AHIP has been prepared consistent with the provisions of Section
20.52.015 (Affordable Housing Implementation Plan) of the NBMC.
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Water Supply Assessment (WSA)
Pursuant to California Senate Bill 610 adopted in 2011, Section 21151.9 of the Public
Resources Code (PRC), and Section 10910 et seq. of the Water Code, a Water Supply
Assessment (WSA) is required for projects that result in the construction of at least 500
dwelling units. Since the project includes the future construction of up to 1,500 dwelling
units, and the City's Housing Implementation Program EIR contemplated that future
housing projects would prepare their own project specific WSA's, it was appropriate for
the applicant to prepare a WSA as part of this project.
Thus, a WSA has been prepared by Fuscoe Engineering, Inc. dated January 14, 2025,
for the project to evaluate the water supply availability. The WSA is including as Exhibit F
to Attachment No. PC 1. 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.
Summary and Next Ste
The project will help the City further the goals and policies of its Housing Element through
the incorporation of 1,500 dwelling units from the City's Housing Overlay (HO-4) to the
PC-56 Development Plan. By incorporating the dwelling units into an existing planned
community, the housing overlay sites can be cohesively integrated into a larger planned
community that includes the necessary components of a complete community such as
open space, infrastructure, and resident -serving commercial.
Due to the legislative amendments required to implement the project, the Planning
Commission's role is to make a recommendation to the City Council for action. If a
supportive recommendation is made, City staff will bring the matter to the City Council on
April 8, 2025. Prior to City Council review, the project will also be heard by the Airport
Land Use Commission (ALUC) to evaluate the land use and height changes proposed.
The ALUC hearing is tentatively scheduled for March 20, 2025.
Environmental Review
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.
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The Project is not subject to further environmental review pursuant to Section 21083.3 of
the California Public Resources Code (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.
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
environmental impact report (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:
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
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:
The project is consistent with:
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North Newport Center Planned Community (PC-56) Amendments (PA2024-0173)
Planning Commission, March 6, 2025
Page 16
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.
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
6, 2025, and peer reviewed by Kimley-Horn & Associates, Inc., is provided as Exhibit "B"
to this resolution and hereby incorporated by reference.
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, 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.
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 with the
existing zoning that allows 20 to 50 dwelling units per acre of residential development.
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" of
Attachment No. PC1 and incorporated by reference.
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North Newport Center Planned Community (PC-56) Amendments (PA2024-0173)
Planning Commission, March 6, 2025
Page 17
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant, and posted on the subject property at least 20 days
before the scheduled meeting, consistent with the provisions of the Municipal Code,
Assembly Bill No. 2904 (AB 2904), and California Government Code Section 65854.
AB2904 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. This is also consistent with the Municipal Code
which requires notice at least 10 days prior to the public hearing.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by:
By: 12
AL
Liz Westmoreland, AICP
Principal Planner
BMZ/Iaw
ATTACHMENTS
PC 1 Draft Resolution
Submitted by:
Jao. e'Murillo, AICP
Deputy Community Development Director
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Attachment E
Planning Commission Draft Meeting Minutes
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NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MARCH 6, 2025
REGULAR MEETING — 6:00 P.M.
I. CALL TO ORDER — 6:00 p.m.
II. PLEDGE OF ALLEGIANCE — Commissioner Ellmore
III. ROLL CALL
PRESENT: Chair Mark Rosene, Vice Chair Tristan Harris, Secretary David Salene,
Commissioner Curtis Ellmore, Commissioner Jonathan Langford, Commissioner Lee
Lowrey, and Commissioner Greg Reed
ABSENT: None
Staff Present: Assistant City Manager Seimone Jurjis, Deputy Community Development Director
Jaime Murillo, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Brad
Sommers, Police Investigator Wendy Joe, Associate Planner Oscar Orozco, Principal
Planner Liz Westmoreland, Assistant Planner Melinda Whelan, Administrative
Assistant Clarivel Rodriguez, and Department Assistant Jasmine Leon
IV. PUBLIC COMMENTS - None
V. REQUEST FOR CONTINUANCES - None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF JANUARY 23, 2025
Recommended Action: Approve and file
Jim Mosher suggested that in future meeting minutes the motions be more specific about the actions
taken by the Planning Commission.
Motion made by Vice Chair Harris and seconded by Commissioner Ellmore to approve the meeting
minutes of January 9, 2025.
AYES:
Ellmore, Harris, Langford, Lowrey, Rosene, and Salene
NOES:
None
ABSTAIN:
Reed
ABSENT:
None
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 POM & OLIVE RESTAURANT (PA2024-0088)
Site Location: 325 Old Newport Boulevard, Suite 1
Summary:
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A conditional use permit to obtain a Type 41 (On -Sale Beer and Wine — Eating Place) Alcoholic
Beverage Control (ABC) License for an existing food service, eating and drinking establishment
(restaurant) known as "Pom & Olive". Additionally, the Applicant requests the continuation of a
parking waiver of 18 spaces (based on current code standards). No late hours (after 11 p.m.),
live entertainment, or dancing is proposed as part of the project. Additionally, no physical
changes to the suite or other changes to the existing operational characteristics are proposed.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant
to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it
has no potential to have a significant effect on the environment; and
3. Adopt Resolution No. PC2025-005 approving a Conditional Use Permit pursuant to
PA2024-0088.
Associate Planner Orozco used a presentation to review the vicinity map, project location, land use,
entitlement history, existing/proposed restaurant operations, project request, aerial image of the
parking condition, revised resolution in Fact 5 in support of Finding G, and recommendation.
In reply to Commissioner Langford's inquiry, Deputy Community Development Director Murillo
suggested combining conditions two and three and clearer wording for the hours of operation.
Commissioner Langford thought it would be helpful to add the word "limited" and not referencing 11
p.m. In reply, Deputy Community Development Director Murillo noted that the condition is intended
to provide flexibility. Furthermore, Assistant City Attorney Summerhill stated that there is an existing
encroachment agreement with the City, so it would be between the City and applicant related to
condition 5.
In reply to Chair Rosene's inquiring, Deputy Community Development Director Murillo indicated that
the record is not clear as to why the previous 2006 approval included a condition of approval
prohibiting alcohol sales.
There were no ex parte communications among the Commissioners.
Chair Rosene opened the public hearing.
The applicant indicated having reviewed and agreed to the conditions of approval.
In reply to Vice Chair Harris' inquiry, the applicant confirmed that the intention of the operating hours
is to admit the last customer by 10 p.m. before shutting the doors at 11 p.m.
Jim Mosher noted the action is missing a statement on handwritten page 26 that the Commission
approves the new use permit.
Deputy Community Development Director Murillo stated that a provision was inadvertently left out
stating the Planning Commission's approval of the conditional use permit and will be added in the
final resolution.
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Chair Rosene closed the public hearing.
Motion made by Commissioner Ellmore and seconded by Commissioner Lowrey to approve the
item with the amended wording to the hours of operations in the conditions of approval.
AYES:
Ellmore, Harris, Langford, Lowrey, Reed, Rosene, and Salene
NOES:
None
ABSTAIN:
None
ABSENT:
None
ITEM NO. 3 NORTH NEWPORT CENTER PLANNED COMMUNITY (PC-56) AMENDMENTS
(PA2024-0173)
Site Location: Various locations in the North Newport Center Planned Community
(PC-56) and 100 and 190 Newport Center Drive
Summary:
A request to amend the PC-56 Development Plan primarily to allow for the development of
additional housing opportunities in alignment with the housing strategy identified by the City's
61" Cycle Housing Element. The Applicant also requests other changes, including increased
building height limits for Fashion Island, Block 100, and San Joaquin Plaza, modified open space
requirements, additional objective design standards, modified parking standards for residential,
updated sign standards, and other minor text changes. The amendments include changing the
zoning of 100 and 190 Newport Center Drive from OR (Office -Regional) to PC-56. No
construction is currently proposed. Additionally, the Applicant requests approval of a
development agreement to vest the development rights in exchange for public benefits including
an affordable housing implementation plan (AHIP) that describes the affordable housing
obligations. As required by State Law, the project includes a water supply assessment (WSA)
to evaluate the City's ability to meet the water needs of future residents of the housing projects.
The WSA is required as the project includes more than 500 dwelling units.
Recommended Actions:
1. Conduct a public hearing;
2. Find this project is not subject to further environmental review pursuant to Section
21083.3 of the California Public Resources Code (PRC) and Section 15183 of the CEQA
Guidelines because the Project is consistent with the previously certified Program
Environmental Impact Report (SCH No. 2023060699); and
3. Adopt Resolution No. PC2025-006 recommending City Council approval of the Planned
Community Development Plan (PC-56) Amendment, Development Agreement,
Affordable Housing Implementation Plan, and Water Supply Assessment for various
properties within the PC-56 Zoning District and 100 and 190 Newport Center Drive
(PA2024-0173).
Commissioner Langford and Secretary Salene recused themselves due to real property interests.
Principal Planner Westmoreland used a presentation to review the background, Newport Center aerial
view, North Newport Center Planned Community as it exists today, Housing Element implementation,
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overlay view, proposed amendments, 100 and 190 Newport Center Drive, additional proposed
amendments for other changes to PC-56, existing streamlining for projects, proposed streamlining for
traffic studies, height changes, development agreement and Affordable Housing Implementation Plan
(AHIP), CEQA, Water Supply Assessment (WSA), recommendation, and next steps.
In reply to Vice Chair Harris' question, Assistant City Manager Jurjis indicated that the park recreation
fee applies to the last units.
In reply to Chair Rosene's question, Deputy Community Development Director Murillo concurred that
the public benefit fee is applicable to units constructed after 2032.
For ex parte communications, all Commissioners except for Commissioner Lowrey spoke with the
applicant's representative.
Chair Rosene opened the public hearing.
Shawna Schaffner, CEO of CAA Planning, represented the Irvine Company and used a presentation to
outline background information on the Newport Center Planned Community, the purpose of the PC
amendment, existing/proposed height limits, Development Agreement updates, and staff
recommendation.
In reply to Commissioner Ellmore's inquiry, Ms. Schaffner indicated that the height overlays were not
considered during the Planning Commission's agenda item for this matter because the North Newport
Center PC is its own legislative zoning document and stands alone for the City's height document and
the timing of the application submittal. In reply to his concern for the impact on views, Ms. Schaffner
noted extensive and continued outreach by the Irvine Company with surrounding property owners.
In reply to Vice Chair Harris' concern for the parking ratio variance, Ms. Shaffner relayed that the
proposal includes a different way to calculate the parking requirement that is based on the Villas of
Fashion Island demand and more parking than the City standard.
In reply to Commissioner Ellmore's question, Ms. Shaffner explained the reasoning for a 225-foot
increase around the mall.
Jim Mosher expressed concern about the height changes, missing footnotes to the Title 20 table for
reserved units by the City, large overlay unit numbers, units added without a green light vote and
development agreement, and an amendment for buildings with greater than 30 dwelling units per acre
minimum base on page 74.
Joseph Larsen of Rutan & Tucker represented the property owner at 180 Newport Center Drive and
stated that collaboration will continue with the interested parties and no objections exist at this time.
Mary Patteral supported the matter.
Meagan Doyle supported housing development in Newport Center.
Principal Planner Westmoreland noted that if the project is adopted then the City will no longer be
looking at the overlays for those development standards and will use the planned community for the
development standards, identifying City reserved units in the overly is not required in a footnote and will
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be identified in a different zoning document, and the 30 plus minimum base density standard is more
appropriate for more dense projects.
Chair Rosene closed the public hearing.
Commissioner Ellmore supported the application and welcomed the reinvestment back into Newport
Beach by the Irvine Company.
Commissioner Lowrey supported the project and, in reply to his question, Principal Planner
Westmoreland confirmed that construction approvals in PC-56 are administrative and do not go through
the Planning Commission or City Council unless it is appealed.
In reply to Commissioner Lowrey's concern for litigation that does not match up with the Planning
Commission's decision, Assistant City Attorney Summerhill stated that the applicant does not have a
specific project with the City, the City does not have any order from a court prohibiting the City from
moving forward with the implementation of the Housing Element, and it would be incumbent on the
applicant to indemnify and defend the City.
In reply to Chair Rosene's question, Principal Planner Westmoreland confirmed that a future project
could be called up to the Planning Commission or City Council and the findings would be the findings
in the planned community.
Vice Chair Harris thought the area aligned with the long-term growth vision and expressed his support.
Motion made by Vice Chair Harris and seconded by Secretary Salene to approve the item.
AYES:
Ellmore,
NOES:
None
ABSTAIN:
None
RECUSED:
Langford
VIII. NEW BUSINESS
Harris, Lowrey, Rosene, and Salene
Reed
ITEM NO. 4 GENERAL PLAN ANNUAL PROGRESS REPORT (PA2025-0008)
Site Location: Citywide
Summary:
Annual progress report on the status and implementation of the General Plan and Housing
Element as required by State law and General Plan Implementation Program 1.3.
Recommended Actions:
Find the preparation, review and submission of the 2024 General Plan Annual Progress
Report and Housing Element Report not subject to the California Environmental Quality
Act (CEQA) pursuant to Section 15060(b)(2) of the CEQA Guidelines, California Code
of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting
in physical change to the environment, directly or indirectly;
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2. Review and comment on the 2024 General Plan Progress Report, including the Housing
Element Annual Progress Report; and
3. Recommend the City Council review and authorize the submittal of the 2024 General
Plan Progress Report to the California Office of Land Use and Climate Innovation (LCI)
and the submittal of the Housing Element portion of the Annual Progress Report to the
State Department of Housing and Community Development (HCD).
Assistant Planner Whelan used a presentation to review the 2024 annual report, General Plan
Update status, 2024 housing production activity and Regional Housing Needs Assessment (RHNA)
progress, projects with affordable units that are active in 2024, current Housing Element (HE)
implementation program focus, and other HE implementation highlights.
Jim Mosher expressed confusion if the rezoning is complete and concern for meeting the modern
income unit quota.
Assistant City Manager Jurjis stated that the City is not obligated to build anything, only to plan for
housing, and then let the private market dictate how development occurs.
By a show of hands, all Commissioners supported the General Plan annual progress report
IX. STAFF AND COMMISSIONER ITEMS
ITEM NO. 5 MOTION FOR RECONSIDERATION - None
ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR
MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED
ON A FUTURE AGENDA
Deputy Community Development Director Murillo announced that the March 20 Planning Commission
meeting is cancelled, and likely the April 3 meeting will be as well. He relayed that the local coastal
program (LCP) amendment related to the Housing Element overlay opportunity will likely be heard at a
summer 2025 California Coastal Commission hearing.
ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES - None
X. ADJOURNMENT - With no further business, Chair Rosene adjourned the meeting at 7:06 p.m.
The agenda for the March 6, 2025, Planning Commission meeting was posted on Friday, February 28,
2025, at 12:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of
the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, February 28,
2025, at 12:30 p.m.
Mark Rosene, Chair
David Salene, Secretary
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Attachment F
Planning Commission Resolution No. 2025-006 (No Exhibits)
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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.
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 1 G and 3A in the 6t" 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 6t" 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
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"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
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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.
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:
Are peculiar to the project or the parcel on which the project would be located;
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
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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:
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
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
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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:
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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
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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
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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.
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 IC— 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
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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
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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).
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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:
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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
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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:
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."
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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: V—V-�
Mark Rosene, Chair
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
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Attachment G
Redline -Strikeout Planned Community Development Plan
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North Newport Center
Planned Community
Development Plan
Land Uses,
Development Standards Et
P roced u res
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
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Land Uses, Development Standards & Procedures
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
11.
Land Use and Development Regulations..........................................................................................
11
A. Permitted Uses................................................................................................................................11
B. Development Limits.......................................................................................................................
12
C. Transfer of Development Rights....................................................................................................14
111.
Site Development Standards.............................................................................................................
15
A. Permitted Height of Structures.......................................................................................................
15
B. Setback Requirements....................................................................................................................16
C. Parking Requirements....................................................................................................................
18
D. Landscaping...................................................................................................................................19
E. Lighting..........................................................................................................................................19
F. Signs...............................................................................................................................................19
G. Residential Compatibility...............................................................................................................24
H. Residential Open Space Requirements...........................................................................................24
IV.
Planned Community Development Plan Administration..................................................................
29
A. Process for New Structures............................................................................................................
29
B. Process for New Signs....................................................................................................................
30
C. Transfer of Development Rights....................................................................................................
30
V.
Definitions.........................................................................................................................................33
Appendix A — Design Regulations
North Newport Center Planned Community Development Plan
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North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
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, 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.
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Figure 1— North Newport Center Planned Community
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Figure 2 — Fashion Island Sub -Area
North Newport Center Planned Community Development Plan 3
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1
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
�.d
Center Drive
d
G�
rn
Civic C`
e
Dr�Ve
MPlanned Community
F-1 Not included in Planned Community
INI
Figure 3 — Block 100 Sub Area
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
❑ Planned Community
❑ Not included in Planned Community
[NJ
Figure 4 — Block 400 Sub Area
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Q San Joaquin
f Iills Rr�
C
'bo
C' >
�o
4
C
n
a
Qa
Nicolas Dr
5
0 Planned Community
0 Not included in Planned Community
Figure 5 — Block 500 Sub -Area
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
❑ Planned Community
�:] Not included in Planned Community
Figure 6 — Block 600 Sub -Area
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
.qan Joaquin -fills Rd
North Newport Center Planned Community Development Plan
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Planned Community
CI Not included in Planned Community
HN
Figure 7 — San Joaquin Plaza Sub -Area
M.
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ru
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m
M
1�
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
I
San Clemente Drive
k
zt
F-1
Planned Community
F-1
Not included in Planned Community
R - Residential
CO = Commercial Office
Figure 8 - Block 800 Sub -Area
North Newport Center Planned Community Development Plan
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Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
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 Tile 15 of the Nl-un eipa
Cede (Buildings and Genstfuetien), 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 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.
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Section II. Land Use and Development Regulations
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
North Newport Center Planned Community Development Plan 11
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Section II. Land Use and Development Regulations
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 ofNBMC Sections 20.28.050 and 20.48.180 because this development
plan contains commensurate or more restrictive development standards compared to the NBMC.
North Newport Center Planned Community Development Plan 12
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Section II. Land Use and Development Regulations
Table 2 — Development Limits (A)
San Joaquin
Land Use
Fashion Island
Block 100
Block 400
Block 500
Block 600
Block 800
Plaza
Total
Regional
1,523,416 sq.ft.
0
0
0
0
0
0
1,523,416 sq.ft.
Commercial
Movie Theater
680 seats
0
0
0
0
0
0
680 seats
11,000 sq.ft.
11,000 sq.ft.
Hotel
(B)
0
0
0
295
0
0
295
Residential
9C
0C
9C
0
OC
245
524C
M2 269
Office/
0
421,114
91,727 sq.ft.
623,525 sq.ft.
1-,353,399
286,166 sq.ft.
95,550 sq.ft.
2,571,481 sq.ft.
Commercial
150,126 sq.ft.
(D)
1,310,899sq.ft.
(G)
A. Square tootage indicated In Table 2 may not retlect current development limits because of the transfer of development rights provision described in
Sections II.0 and IV.0 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
aggregate density not to exceed 50 dwelling units per acre.
S. The maximum development for Block 100 may not exGeed 121,114 square feet. Transfers of development rights shall be permitted, provided the
m v rleeleemeet limit of 121,114 e feet io erlet exGeede
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
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.
2. Mixed -Use Sub -Areas
The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. e-524Rresidential units
and 29-5 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.
3. 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
North Newport Center Planned Community Development Plan 13
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Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
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.
4. 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.0 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.
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Section III. Site Development Standards
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 st..,,ettwes ..,ithi, FashieM
islan --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 eemmer-eial ^ff^nonresidential 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:
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Section III. Site Development Standards
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
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Section III. Site Development Standards
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
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Section III. Site Development Standards
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 feet'
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 unitbedroom, inclusive of quest parking,
includeinn s 1 covered space per unit; „ ws
to 50 u ni+6 then 0.25 spaces „ „it thereafter fer
guest
pafking. 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.
North Newport Center Planned Community Development Plan 18
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Section III. Site Development Standards
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
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
North Newport Center Planned Community Development Plan 19
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
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 video or animation shall be permitted on a
permanent basis. Only static images are permitted.
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
Maximum Letter/
Sign Type
Location
Maximum Number
Maximum Sign Size
Logo Height
Shopping Center
Each vehicle entry drive location
2 per entry drive (one
100 square feet
9 feet
Identification Sign
on each side)
10 feet high
Major Tenant Sign
Exterior walls or parapets of
1 sign per building
Determined by name
10 feet
buildings
elevation (maximum
of tenant; letter/logo
4 signs for each major
height not to exceed
tenant)
10 feet
Freestanding
Exterior walls or parapets of
1 sign per building
Determined by name
3 feet
Commercial
buildings
elevation (maximum
of tenant; letter/logo
4 signs for each
height not to exceed 3
building or structure)
feet
Monument
1 per building elevation
50-100 square feet
4.5 feet
maximum 4
5-8 feet high
Tenant Sign
Exterior elevations of shopping
1 sign per tenant, per
1 square foot per each
10 feet
center and parking structures
building elevation
lineal foot of storefront
facing Newport Center Dr.
(not to exceed 100
feet)
TheateF Signs
2
�Ilsquare
V00 sgquaaFe feet
TheateF name:
(exterior wall or parapet of building
29#eet high
54eet
ohpw file:
standing, or on adjacent a
3 feet high
15 high
paFk
�e1
Digital Monument
Facing Newport Center Drive
2
200 square feet
15 feet high
5 feet
Si_c n
(freestanding)
Store Address
Each entry to store
1 per store entry
6 square feet
12 inches
Entry Marker Signs
To be approved by Community
7 signs
36 square feet (with 2-
2 feet
Development Director
foot overhang)
15 feet high
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Section III. Site Development Standards
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
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
A
Large cube or blade
Santa Rosa Dr.
2
15 feet high
24 inches
sign located at
at San Joaquin Hills Rd.
(1 per corner)
15 feet wide
Santa Cruz Dr.
2
15 feet high
24 inches
entries to Newport
Center
at San Joaquin Hills Rd.
(1 per corner)
15 feet wide
Block 500:
4
15 feet high
24 inches
San Joaquin Hills Rd.
15 feet wide
at Avocado Ave.
San Nicolas Dr.
at Avocado Ave.
MacArthur Blvd.
at San Joaquin Hills Rd.
Sae deaquin PlazaVillas Fashion
1
15 feet high
24 inches
Island:
15 feet wide
Jamboree Rd.
at San Joaquin Hills Rd.
B
Small cube located
San Nicolas Dr.
2
5 feet high
5'nehes24 inches/48
along Newport
at Newport Center Dr.
(1 per corner)
5 feet wide
inches
Center Dr.
Newport Center Dr.
2
5 feet high
5'nshes24 inches/48
and Santa Rosa Dr.
(1 per corner)
5 feet wide
inches
Block 600:
5
5 feet high
5 inches24 inches/48
Along Newport Center Dr.
5 feet wide
inches
Block 800:
2
5 feet high
5 inches24 inches/48
Newport Center Dr.
5 feet wide
inches
at Santa Maria Rd.
Newport Center Dr.
at Santa Barbara Dr.
C
Other Freestanding
Block 100
1 per frontage
85 feet high
10anehes36 inches/48
Signs
2840 feet wide
inches
Block 400:
2
5 feet high
13 inches
Avocado Ave.
at San Miguel Dr.
Along San Nicolas Dr.
1
6 feet wide
13 inches
Between 500 and 550
1
4 feet high
18 inches
Newport Center Dr.
12 feet wide
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
Sign
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
Block 600:
2
87 feet high
18 nGhes36 inches/48
Along Santa Cruz Dr.
2822 feet wide
inches
Block 800:
2
86 feet high
84nches36 inches/48
Along Newport Center Dr.
2849 feet wide
inches
Along Santa Barbara Dr.
42
84 feet high
365 inches/
286 feet wide
4824 inches
Santa Cruz Dr.
1
845 feet high
24 inches36 inches/48
at Newport Center Dr.
2845 feet wide
inches
Sap deaquin PaazaVillas Fashion
24 each
86 feet high
36 inches/48 inches5%
Island:
(3 signs along San
2842 feet wide
'^^hes +^r Tennant ^
Along San Joaquin Hills Rd.
Clemente Dr.)
18 ORGhes for or�o + in
Along Santa Cruz Dr.
Along San Clemente Dr.
San Clemente Dr.
1
85 feet high
36 inches/48 inches48
at Santa Cruz Dr.
2842 feet wide
inches
San Clemente Dr.
1
85 feet high
36 inches/48 inches48
at Santa Barbara Dr.
2846 feet wide
inches
D
Signs mounted on
Block 400:
1
Determined by name
18 inches
landscape walls
Facing Newport Center Dr.
of tenant; letter/logo
(includes ground
height not to exceed
mounted signs in
18 inches
Block 500:
4
Determined by name
36 inches/48 inches26
front of landscaping
and landscape walls)
Facing Newport Center Dr.
of tenant; letter/logo
inches
height not to exceed
4826 inches
Block 600:
3 facing San
Determined by name
36 inches/48 inches48
Facing streets
Joaquin Hills;
of tenant; letter/logo
inches
5 facing Newport
height not to exceed
Center Dr.;
4848 inches
1 facing Santa
Rosa Dr.
Block 800:
2
Determined by name
36 inches/48 inches36
At San Clemente Dr. project entry
of tenant; letter/logo
inches
height not to exceed
4836 inches
Block 800:
1
Determined by name
36 inches/48 inches36
San Clemente Dr.
of tenant; letter/logo
inches
at Santa Barbara Dr.
height not to exceed
3648 inches
Block 800
42
Determined by name
36 inches/48 inches40
Along Newport Center Dr.
of tenant; letter/logo
inches
height not to exceed
40-48inches
E
Building Sign
On building elevation, awning or
2 per Primary
Determined by name
Primary Tenant:
parking structure
Tenant
of tenant; letter/logo
24 inches
1 per Secondary
height not to exceed:
Secondary Tenant:
Tenant
Primary: 24 inches,
16 inches
3 for restaurants
Secondary: 16 inches
Restaurant: 40 inches
Restaurant: 40
inches
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
Sign
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
F
Building Address
On building elevation
1 each
24 inches high
24 inches
(additional address
signs may be
located where
appropriate for on -
site orientation)
G
Freestanding
Santa Rosa Dr.
Building Address
at Newport Center Dr.
Santa Nicolas Dr.
at Newport Center Dr.
1 each
8 feet high
6 feet wide
18 inches
Santa Cruz Dr.
at Newport Center Dr.
San Joaquin Hills Rd.
2
8 feet high
28 inches
6 feet wide
H
Advisory Signs
Parking lots and entries to parking lots
As appropriate for
6 feet high
As required by Fire
safety and
Department or Building
orientation
Code for safety
purposes
I
Drive Through Signs
Drive throughs
1 per tenant per
8 feet wide
15 inches
elevation, up to 2 on
walls of structure
J
Apartment Leasing
Block 809Apartment Projects
1 per frontage
75 feet high by 73
24 inches
Signs
feet wide panel on
Post
K
Office Leasing Signs
Blocks 100, 400, 500, 600, 800 and
1 per frontage
4.5 feet high by 5
7 inches
feet wide
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.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
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 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 primarypublic
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.
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.
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_
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Section III. Site Development Standards
2. Landscanin
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 Chanter 20.36.
-1-.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:
a. The required front yard area shall not be counted toward satisfying the common recreation area
requirement.
b. Residential unit entries shall be within a quarter mile walking distance of common open space.
c. Pedestrian walkways shall connect the common open space to a public right-of-way or building
entrance.
d. 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 landscapin
area shall be provided as screening, but does not count towards the open space requirement.
d. 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.
f. All common open spaces shall include seating and lighting.
2,4. Recreation 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.^^ffmunity Feem of at least 500
feet for- use by all ,-eside„4s of the ,.foje,.* 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 fift (750)square feet.
b. Swimming pool at a minimum of fifteen (15)by thigy(30) feet or equal surface area.
c. Tennis, basketball or racquetball court.
d. Children's playground at a minimum of six hundred (600) square feet.
e. Sauna or jacuzzi.
f. Day care facility.
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
g. Community garden.
h. Fitness facility
i. Co-workingspaces
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 sty
All electrical utilityequipment, electrical meters, and junction boxes shall be placed within a utili , room.
If a utility room is not feasible, then all utilityequipment shall be purposefully designed as an integral
part of the buildingdevelopment, evelopment, placed adjacent to alley -ways, 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
fort, -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 twen , -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 twen1y(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.
3-.7. Private Open Space
At least - 025% 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. Gene .,al Ply r
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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
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, olling, or driving -by
clients or customers. For all buildings, the standards gpply 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 driveway, at -grade parkin lots, ots, parking
structures, or alleys unless required due to topographic conditions.
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Land Uses, Development Standards & Procedures
Section IV. Planned Community Development Plan Administration
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
North Newport Center Planned Community Development Plan 29
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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).
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 Community Development
Director and said traffic study shall be included in the Plan Review Submittal. If the Community
Development Director, 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 aniMpacted 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 Community Development
Director may serve as the review authori . for approval of the traffic study as part of the Plan Review.
The Applicant shall be required to comply with any conditions included within the traffic study including
the implementation of any identified design features or improvements.
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
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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).
version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates
are more valid for the uses involved in the transfer.
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.
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.
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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).
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Section V. Definitions
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 38.
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.
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Land Uses, Development Standards & Procedures
Section V. Definitions
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 ma14-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.
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Land Uses, Development Standards & Procedures
Section V. Definitions
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.
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Section V. Definitions
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 38.
Secondary Tenant: A small tenant; not the primary tenant of an office building.
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Section V. Definitions
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.
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Section V. Definitions
MECHANICAL PENTHOUSE ELEVATOR OVERUN
TOP OF PARAPET
OF LAST OCCUPIED SPACE
FINISH GRADE
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.
Graphic 1, Example of Building Height and Rooftop Appurtenances
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Appendix — Design Regulations
NORTH
NEWPORT CENTER
DESIGN
REGULATIONS
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I. Introduction......................................................................................................................................... 1
A. Purpose of Design Regulations........................................................................................................
1
B. Newport Center Design Framework.................................................................................................
I
C. North Newport Center......................................................................................................................
4
II. Design Regulations.............................................................................................................................
7
Usingthese 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
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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)
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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.
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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
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• 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
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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.
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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
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
Fashion Island
Pedestrian courtyard at
550 Newport Center Dr.
Building interface at
San Joaquin Plaza
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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.
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
Building Envelope
Example of office courtyard
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.
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3. Building Character and Style
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.
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.
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.
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.
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Example of appropriate high-rise
architecture
Off"Mufti
M 111
-AW
Examples of classically inspired architecture
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Example of straight forward geometry and
expression of floor levels
Example of appropriate low-rise form
Example of retail storefront visibility to pedestrians
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(Not to Scale)
r
Example of architectural feature
MOTOR
COuRr/PARKING STR00TOR ENTRY
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Example of architectural feature
_ MECHANICAL PENTHOUSE
ELEVATOR OVERUN
ROOF OF LAST OCCUPIED SPACE
Example of building height measurement on sloping terrain
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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
5. Parking Structures
Example of appropriate low-rise finishes
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.
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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
rectangular form and vines to soften visual
impact
B. Landscape
Intent
West parking structure at Fashion Island
demonstrating rectangular form and varied
landscape to soften visual impact
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
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.
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.
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Example of appropriate landscape variety
complementing the building form
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Appendix — Design Regulations
Example of layering principles
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.
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Newport Center Dr. landscape variety
San Joaquin Hills Road landscape
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Appendix — Design Regulations
San Nicolas landscape showing screening of
parked cars
Landscape adjacent to 888 San Clemente
parking structure
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3. Parking Lot Landscape
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.
Evergreen hedges should be used to screen parked cars.
Fashion Island parking lot tree placement
4. Internal Landscape
San Joaquin Plaza evergreen hedges that screen
parked cars
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
pedestrian experience
Example of landscaping creating strong
visual continuity
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C. Circulation
Intent
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Appendix — Design Regulations
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.
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.
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.
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
Center Dr. to Fashion Island
Example of pedestrian amenities
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Example of pedestrian connectivity to the street
(between 500 and 550 Newport Center Dr.)
Pedestrian amenities in Fashion Island
Pedestrian amenity in Fashion Island
Example of a strong pedestrian pathway
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Appendix — Design Regulations
Example of the crescent walk design
framework
Example of pedestrian oriented enhancement
Storefront interface with pedestrians
Fashion Island paseo
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ilk. il
. Crescent Walk � Vehicular Circulation Pedestrian Connection to Fashion Island
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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
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3. Parking Lots
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.
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
680 Newport Center Dr. demonstrating flow
from parking to building
Well-defined walkway from Newport Center Dr.
into Fashion Island at San Nicolas
Well-defined pedestrian walkway in 5001550
Newport Center Dr. parking lot
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D. Orientation and Identity
Intent
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Appendix — Design Regulations
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 Santa Cruz Dr.
San Joaquin Hills Road and MacArthur
San Joaquin Hills Road and Santa Cruz Dr.
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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
Balconies at 888 San Clemente featuring ocean views
Fashion Island major tenant visibility
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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
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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
Directional sign
Business identification sign
NORDSTROM OPENING2010
Temporary signs mounted on construction fence
North Newport Center Design Regulations
November 10, 2015
25
23-261
NEWPORT FASHION;
FASHIOINPORT TER ISLAND
ePORTFW ISLAND CENTER _. CEN ' NEWPORNTER IAS
A, -- ', � fsLAND HOTEL wPs" ....:. CENTER
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145
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550
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Irvine Company 30
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Sign B — Small Cube (existing signs as of June 2015)
_VA
00
_.. 1 800
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B9
North Newport Center Design Regulations
November 10, 2015
B3
L.— i
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
F t
E con 550
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B5
SOU s2D 550
50h Trust
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City National Bank
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Acacia Research
W
B6
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27
23-263
680
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ISLAND HD
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GATEWAY PLAZA
M 100-190 NEWPORT CENTER DRIVE
GATEWAY PLAZA
100 190 NEWPORT CENTER DRIVE
GATEWAY PLAZA i
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Sigh D — Landscape Walls (existing signs as of June 2015)
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D4
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D2
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D14
North Newport Center Design Regulations
November 10, 2015
D5 location
D6 location
450 PACIFIC MERCANTILE BANK
D12
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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D11
RAMC OF CALIFORNIA
29
23-265
Sign E, F, G, H, I and J — Miscellaneous Signs (existing signs as of June 2015)
Sign E — Building Sign*
Sign F — Building Address*
660
Sign I — Drive Through Signs (none)
Sign J — Apartment Leasing Signs
J 2
J1
North Newport Center Design Regulations
November 10, 2015
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
Sign G — Freestanding Building Address
G 1 G 2 .._._
Sign H — Advisory Signs*
*Photographs of Sign Types
E, F, and H are provided for
reference purposes.
A full inventory of those signs
is not provided herein.
30
23-266
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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
North Newport Center Design Regulations
November 10, 2015
32
23-268
Attachment H
Public Comments
23-269
From: Khushnum Gill <khushnum@outlook.com>
Sent: March 23, 2025 4:05 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: NB Fashion Island Development
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
To whom it may concern:
Regarding development and expansion of apartments around Fashion Island and proposed
condominiums.
1. Being a resident of Newport Beach and Newport Coast, since 2003, we implore you
to focus on the safety, & security of our communities. Never in 20Y have we felt this
unsafe to shop and live in our gated communities than in the last three years. It's
shameful!
2.
3. Please consider that we don't want anymore people and crime and pressure on our
Limited resources.
4.
5. The charm and value/s of the exclusivity will be downgraded to the Spectrum
standard and that's not why we invested in Newport.
Thank you for your understanding,
Sincerely,
Khushnum Gill
PS: We can mobilize 168 Homeowners to oppose this development proposal with one
email blast, so please consider your options wisely. It's not always just about the money
and shouldn't be.
Get Outlook for iOS
23-270
From: Perez, Joselyn
Sent: March 25, 2025 12:08 PM
To: Niall Saunders
Cc: Westmoreland, Liz
Subject: RE: Irvine Co planned development for Newport Center North
Hi Nial,
Liz Westmoreland, our Principal Planner, is working on the amendment to PC56.
I have cc'd her on this email so she can add your email to the project file.
Sincerely,
Joselyn Perez
Senior Planner
Community Development
Department
Office: 949-644-3312
100 Civic Center Drive
Newport Beach, CA 92660
From: Niall Saunders <niall(@architectsoc.com>
Sent: March 25, 2025 10:22 AM
To: Perez, Joselyn <JPerez@newportbeachca.gov>
Subject: Irvine Co planned development for Newport Center North
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Dear Joselyn,
As a NB resident and business owner, I feel once again compelled to express my dismay at
yet another heavy imposition on the peace and well-being of all in our City.
This relates to the news that the City NB Planning Commission on March 6 approved The
Irvine Company's request to allow for additional 1,500 housing units in PC-56
Development Plan/North Newport Center (Fashion Island area). Apparently the vote will
now proceed to City Council Public Hearing on April 15th and to a second Council reading
on April 29th. I wish to express my opposition to the approval of any such development
rights, and request reversal of the dismissal of the City-wide Green Light Initiative vote, in
this case.
The State's Affordable housing mandate is given as the reason for the above, however
the amounts of affordable housing included (or not) in Newport Center are tiny compared
with the overall quantity (and corporate profits) for housing proposed in this location. Has
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traffic impact even been properly addressed in the overall context of the many new
apartment / condo developments proposed in the Fashion Island area? It is obvious that
traffic will become completely untenable, despite any cleverly constructed Traffic Study
arguments that may be put forth by the developers.
The Irvine Company may be using City Council's vote to bypass Greenlight for Housing
Element to obtain housing entitlements. And again, without addressing affordable housing
which is required as part of Newport Center's RHNA #s (Irvine Company's request of 1500
units includes only 105 affordable units which can be built outside Newport Center due to
Land cost).
Please express my opposition in rebuttal to an affirmative vote on April 15th, 19th, and
beyond.
Sincerely,
Niall F. Saunders AIA RIBA
Saunders + Wiant Architects
2700 West Coast Highway, Suite 200,
Newport Beach, CA. 92663
Tel: (949) 7210730
Fax: (949) 7210767
www.architectsoc.com
23-272
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
From: steveleonard3@gmail.com <steveleonard3@gmail.com>
Sent: March 30, 2025 11:22 AM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Harbort View Hills is opposed to North Newport Center Planned Community (known as PC-56)
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Newport Beach councilmembers:
Homeowners in Harborview Hills and Broadmoor are opposed to North Newport Center Planned
Community (PC-56), which permits far more housing development and increased building heights.
For some of us this will impair our views. All of us are opposed to this huge density increase for fashion
Island and the resulting additional traffic.
Our traffic is already terrible and people come from all over to drive their allowed cars and clog our
roadways.
Please do not approve as currently designed the North Newport Center Planned Community (known as
PC-56).
Thankyou
Steve Leonard
23-273
From:
Jurjis, Seimone
Sent:
April 18, 2025 12:06 PM
To:
Westmoreland, Liz
Subject:
FW: North Newport/Irvine Company - My Letter to the City Council
Attachments:
Georgina Jacobson City Council Letter.pdf
Follow Up Flag:
Follow up
Flag Status:
Flagged
Seimone Jurjis
Assistant City Manager /
Director of Community Development
Community Development Department
Office: 949-644-3282
100 Civic Center Drive
Newport Beach, CA 92660
From: Georgina Jacobson <georgina@georginaiacobson.com>
Sent: April 18, 2025 12:00 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Cc: Jill Doyle <iill@dufour-group.com>
Subject: North Newport/Irvine Company - My Letter to the City Council
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Good Morning -
Attached is my letter about the future development of Newport Beach and the housing
mandate imposed on our City.
Sincerely,
Georgina
Georgina Jacobson
23-274
The Georgina Jacobson Group
949.285.8380 1 georginajacobson.com
CaIRE#01176109
Coldwell Banker Realty I Global Luxury
840 Newport Center Drive, Suite 100 1 Newport Beach, CA 92660
JACOBSON UQ--
REALT`fGRO I �
Recognized as One of the Top Real Estate Teams by the Wall Street Journal
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(0)
COLDWELL BANKER
REALTY
April 5, 2025
Mayor Stapleton and City Council Members
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mayor Stapleton and Newport Beach City Council Members:
Georgina Jacobson I THE GEOMINA JACOBSON GROUP
D, "USSAM010.949.7215078
gearginajaoahean.mm I geargana@gearginajaoahsan.mrn
I love selling the dream in my beautiful hometown of Newport Beach. It is important for me to see our community
continue to thrive. We must all keep an eye on any future proposed development to assure we maintain the quality
of life we expect in our town. Addressing the housing mandate imposed on our City by the State of California must
be handled in a thoughtful and creative manner.
That is why I support the proposed housing by the Irvine Company in the Newport Center area. The Irvine
Company is a proven quality developer and Newport Center is its home. They have proven for decades that they
will build the most impressive homes, apartments, retail, office, open space, and resorts in their communities.
Those of us who call Newport Beach home know to expect excellence from the Irvine Company.
The recently approved Housing Element for the City of Newport Beach directs the city to encourage housing be
built in several areas of the community near jobs and Newport Center is one of those locations. I support the
Newport Center North Planned Communities and know that the Irvine Company will develop another high -quality
neighborhood for Newport Beach.
Selling the beauty, fun and prestige of Newport Beach is my job. With this planned future development in Newport
center, the future of Newport Beach looks bright.
Sincerely,
Georg cob
9
4 Rue Valbonne
Newport Beach, CA 92660
Caldwell Banker Res Idenhal Brokerage 1840 Newport Canler Drive, Suile 1 W, Newport Beech, CA 02660
COLDWELLBAN KEEL UXU RUGM
OpmEd by a av&&rp of URT i1C.
23-276
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Jurjis, Seimone
April 21, 2025 9:04 AM
Westmoreland, Liz
FW: Prposed amendment to Plan
Follow up
Flagged
Seimone Jurjis
Assistant City Manager /
Director of Community Development
Community Development Department
Office: 949-644-3282
100 Civic Center Drive
Newport Beach, CA 92660
From: ptennyson <ptennyson@cox.net>
Sent: April 20, 2025 2:49 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: Prposed amendment to Plan
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
We oppose the planned amendment to the PC_56 development plan to the
extent it would allow higher buildings in Newport Center. When the Irvine
Company sold the homes in our Harbor Ridge neighborhood it touted the
views of the ocean and coast, and financially benefitted by doing so. To now
allow them to further destroy part of the benefit they marketed would
constitute unjust enrichment. While we recognize that views are not
necessarily legally protected, it is incumbent on you, as our representatives,
to not allow further incursions on what we bought.
In particular please note that our housing development was built by Irvine
Company and the purchasers paid big premiums for ocean view lots. You
could ask any real estate agent and they will admit they still use views to
promote listings and seek higher prices. In the last ten years, two new office
towers were built— one for PIMCO and one for Irvine Company. Both are the
maximum legal height, and both of them blotted out some of the ocean view
23-277
from our Harbor Ridge location. This application by Irvine Company
threatens to further block our views. It is extremely unfair that Irvine
Company can profit from selling homes with views and then profit from
building new towers which block the very same view from which they
profited.
Newport center is already densely developed and does not nees more high rise buildings
to block our views and increase traffic. Please delete this part of the plan.
Peter and Mary Tennyson
19 Monaco
23-278
From: City Clerk's Office
Sent: April 22, 2025 8:26 AM
To: Mulvey, Jennifer
Subject: FW: TIC Newport Center Development
Attachments: Davison -Newport Center Dev. TIC.docx
From: Garrett, Errica <eecarrett@newportbeachca.gov>
Sent: Tuesday, April 22, 2025 8:25:53 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Clerk's Office <CityClerk@newportbeachca.gov>
Subject: FW: TIC Newport Center Development
Errica Garrett
Administrative Assistant to the
Mayor and City Council
City Manager's Office
Office: 949-644-3004
100 Civic Center Drive
Newport Beach, CA 92660
From: Charles Davison <Chas@originsgolfdesign.com>
Sent: April 21, 2025 3:07 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: TIC Newport Center Development
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is
safe. Report phish using the Phish Alert Button above.
Please see attached letter in strong support of the Irvine Company's
proposed Newport Center Development
Best Regards
C
W. Charles Davison
Principal
Tone
ECKENRODE
Or A n s5
C]OLF I)SSIGN
23-279
18022 Cowan, Suite 230, Irvine, CA 92614 U.S.A.
949.476.6878 — 949.476.6875 Fax — 949.285.2658 Cell
is Please consider the environment before printing this email
23-280
April 21, 2025
Mayor Stapleton and City Council Members
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Mayor Stapleton and Newport Beach City Council Members:
Newport Beach has been my home since 1970. We have raised our four children who all went to
Corona del Mar High School and and have enjoyed watching our 11 grandchildren most of
whom are graduates of Newport Harbor High School and one still at Newport Heights
Elementary. We have ja degree in comfort knowing safety and amenities that basically have
either been supplied by or a result of the unmatched community planning of the Irvine
Company.Needless to say; I love this community and it is important for me to see our
community continue to thrive.
My career has been in the land use and golf course design industry (FORMA Land Planning and
Origins Golf Design). So, I am interested in all things in the development world. I have watched
closely as the City of Newport Beach has responded to the State of California's housing
mandates and I believe the Newport Center and Airport area are appropriate locations if we must
increase housing.
I am writing today to support the proposed housing by the Irvine Company in the Newport
Center area. The Irvine Company is a proven quality developer and Newport Center is its
headquarters. They have proven for generations that they are world class in master planning;
creating the most impressive homes, apartments, retail, office, open space, and resorts in their
communities. If anybody is going to build new housing in Newport Beach, I support the Irvine
Company to build it. For decades now I have watched and enjoyed the extraordinary quality and
thought that has gone into their planning and developments.
Thank you for your leadership and service to our beloved City of Newport Beach; I ask you to
please support the planning proposed by the Irvine Company.
Best regards,
W.Charles Davison
2104 Yacht Mischief
Newport Beach, CA 92660
23-281