HomeMy WebLinkAbout03 - Approving an Amendment to the North Newport Center Planned Community (PC-56) Development Plan and a Development AgreementQ �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
June 24, 2025
Agenda Item No. 3
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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: Approving an Amendment to the
North Newport Center Planned Community (PC-56) Development
Plan and a Development Agreement
ABSTRACT:
For the City Council's consideration is the second reading and adoption of an ordinance
that would amend the North Newport Center Planned Community (PC-56) Development
Plan and a related ordinance that would approve an amendment to Development
Agreement No. DA2007-002. These approvals would allocate 1,500 dwelling units from
the 2,439-unit limit in the HO-4 (Newport Center Area) of the Housing Opportunity
Overlay, add 100 and 190 Newport Center Drive to PC-56, and update residential height
limits, design standards, review processes, and other minor provisions for PC-56.
RECOMMENDATIONS:
a) Find the adoption of the ordinances 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,
California Code of Regulations, Title 14, Division 6, Chapter 3, because it is consistent
with the previously certified Program Environmental Impact Report (SCH No.
2023060699);
b) Conduct second reading and adopt 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); and
c) Conduct second reading and adopt 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).
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Ordinance Nos. 2025-7 and 2025-8: Approving an Amendment to the North Newport
Center Planned Community (PC-56) Development Plan and a Development Agreement
June 24, 2025
Page 2
DISCUSSION:
On April 29, 2025, the City Council conducted a noticed public hearing to consider a
request from Irvine Company (Applicant) to authorize amendments to the North Newport
Center Planned Community (PC-56) Development Plan that would:
1) Allocate 1,500 base 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 (NBMC);
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 also
proposed an amendment to the existing Development Agreement (DA), an affordable
housing implementation plan (AHIP), and a water supply assessment (WSA).
After taking public testimony, the City Council unanimously adopted Resolution No.
2025-19, to approve the AHIP and the WSA and introduced Ordinance Nos. 2025-7 and
2025-8 and passed them to a second reading.
Ordinance No. 2025-7 (Attachment A) will amend the PC-56 Development Plan as noted
above and Ordinance No. 2025-8 (Attachment B) will approve the amendment to the DA.
If the ordinances are adopted, they will take effect 30 days after adoption.
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. However, 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
development agreements. In this case, should future market rate residential projects be
constructed pursuant to the DA and the PC-56 Development Plan, the Applicant would
provide various public benefit fees including development impact fees to the City of
Newport Beach 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
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Ordinance Nos. 2025-7 and 2025-8: Approving an Amendment to the North Newport
Center Planned Community (PC-56) Development Plan and a Development Agreement
June 24, 2025
Page 3
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 Proaram EIR.
The proposed amendments are 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 amendments will 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. A detailed consistency analysis has been
prepared by T & B Planning Inc., dated April 2025, and peer reviewed by Kimley-Horn &
Associates, Inc., is provided as Exhibit "D" of Attachment A and hereby incorporated by
reference.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2025-7
Attachment B — Ordinance No. 2025-8
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Attachment A
Ordinance No. 2025-7
3-4
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;
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Ordinance No. 2025-7
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;
m
Ordinance No. 2025-7
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.
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Ordinance No. 2025-7
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 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:
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.
Ordinance No. 2025-7
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.
Ordinance No. 2025-7
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.
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Ordinance No. 2025-7
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.
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Ordinance No. 2025-7
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 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 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.
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Ordinance No. 2025-7
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)
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Ordinance No. 2025-7
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 4.1, 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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Ordinance No. 2025-7
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 6.14.4 — 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
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Ordinance No. 2025-7
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.
3-16
Ordinance No. 2025-7
Page 13 of 16
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:
L 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
3-17
Ordinance No. 2025-7
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:
i. The project is consistent with:
A. A community plan adopted as part of a general plan;
B. A zoning action which zoned or designated the parcel on
which the project would be located to accommodate a
particular density of development; or
C. A general plan of a local agency; and
ii. An EIR was certified by the lead agency for the zoning action, the
community plan, or the general plan.
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
3-18
Ordinance No. 2025-7
Page 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.
3-19
Ordinance No. 2026-7
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 24th day of
June, 2025, by the following vote, to -wit:
AYES-
NAYS -
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Leilani L Brown, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
--L42,- 4x,
Aaron C r
arp, City orney
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
3-20
Exhibit "A"
Description and Depiction of Properties
Applicable Accessor Parcel Numbers:
442 014 23
442 101
14
442 021 11
442 101
20
442 021 13
442 101
21
442 021 17
442 101
22
442 021 21
442 101
23
442 021 23
442 101
24
442 021 25
442 101
25
442 021 26
442 101
26
442 021 27
442 101
27
442 021 28
442 231
02
442 021 29
442 231
03
442 021 30
442 231
04
442 021 35
442 231
05
442 021 38
442 231
06
442 021 40
442 231
07
442 021 42
442 231 11
442 021 43
442 231
14
442 021 44
442 261
01
442 021 45
442 261
03
442 021 46
442 261
19
442 021 47
442 261
20
442 021 48
442 261
21
442 021 49
442 261
22
442 021 50
442 261
23
442 021 51
442 262 03
442 021 52
442 262
05
442 081 02
442 262
06
442 081 03
442 262 07
442 081 13
442 262
08
442 081 14
442 262
09
442 081 15
442 262
10
442 081 16
442 231
13
442 081 17
442 231
09
442 081 18
442 082 04
442 082 05
442 082 09
44210109
442 101 11
442 101 13
3-21
n
San Joaquin
Plaza
Block'
80o
North Newport Center
Planned Community
r SAWA CRUZ OR
S9
2
0
v
Block
600
�s
,SANTAROSAOR
Fashion Island
Regional Center
Block
500
Block 400
3-22
Exhibit "B"
Amendment to the North Newport Center Planned Community (PC-56) Development
Plan
3-23
North Newport Center
Planned Community
Development Plan
Land Uses,
Development
Procedures
Standards Et
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)
3-24
[this page intentionally blank]
3-25
Land Uses, Development Standards & Procedures
Contents
1. Introduction and Purpose of Development Plan................................................................................. I
A. Sub -Area Purpose ......... ....................................... _.......................................................... ................. l
B. Relationship to Municipal Code..................................................................................................... 10
C. Relationship to North Newport Center Design Regulations........................................................... 10
11. Land Use and Development Regulations.......................................................................................... I 1
A. Permitted Uses................................................................................................................................ 11
B. Development Limits....................................................................................................................... 12
C. Transfer of Development Rights ...............•............•...................................................................... 14
I11. 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...........................................................................................24
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
April 29, 2025
3-26
Land Uses, Development Standards & Procedures
[this page intentionally blarakj
North Newport Center Planned Community Development Plan
April 29, 2025
iv
3-27
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 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 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
April 29, 2025
3-28
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
W
San Joaquin
Plaza 'SANTA CRl1Z❑R
w�' 4°- -
o�
n c�E EN 1P�2
"O
Block �P&
Block 600 yI".
800 �o
Fashion Island
Regional Center
North Newport Center
Planned Community
0
J
SANTA ROSA DR.
Block
500
R o-
-D
Block 400
a°
Figure 1 — North Newport Center Planned Community
North Newport Center Planned Community Development Plan 2
April 29, 2025
3-29
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
O`
.,pvdpor- Centei. ��
f9:
f�
rdre Rd
z
m
Planned Community °
0
Not included in Planned Community 11_0
North Newport Center Planned Community Development Plan
April 29, 2025
41
0 Nicofas Dr
8012
/101`9Ue1 Dr
nN
Figure 2 — Fashion Island Sub -Area
3
3-30
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
1
■ Planned Community
F�Not included in Planned Community
QN
Figure 3 — Block 100 Sub Area
North Newport Center Planned Community Development Plan
April 29, 2025
3-31
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Sam
El Planned Community
F-1 Not included in Planned Community
H
Figure 4 — Block 400 Sub Area
North Newport Center Planned Community Development Plan
April 29, 2025
3-32
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Joaquin Hills
nicolas
Dr
Planned Community
Not included in Planned Community
HN
Figure 5 — Bloch 500 Sub -Area
North Newport Center Planned Community Development Plan 6
April 29, 2025
3-33
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
Q
1-1 Planned Community
Not included in Planned Community
HN
Figure 6 — Block 600 Sub -Area
North Newport Center Planned Community Development Plan 7
April 29, 2025
3-34
I
M
Santa
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
.San Joaquin Hills Rd
❑ Planned Community
Not included in Planned Community
Figure 7 — San Joaquin Plaza Sub -Area
North Newport Center Planned Community Development Plan 8
April 29, 2025
3-35
ra
0
Land Uses, Development Standards & Procedures
Section I. Introduction and Purpose of Development Plan
San Clemente Drive
F-1 Planned Community
L] Not included in Planned Community
R = Residential
CO = Commercial Office
Figure S - Block 800 Sub -Area
North Newport Center Planned Community Development Plan
April 29, 2025
3-36
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 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. ReIationship 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
April 29, 2025
3-3 7
Land Uses, Development Standards & Procedures
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 I - 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
BankslSavin s 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
Mana ement and Leasing Offices
P
P
I P
P
P
P
P
- Office, Medical and Dental
P
P
P
P
P
—
P
Public Safe 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 relafl, including those in freestanding structures, shall remain subordinate to principal uses
-- = Not Permitted
North Newport Center Planned Community Development Plan
April 29, 2025
11
3-38
Land Uses, Development Standards & Procedures
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
April 29, 2025
3-39
Land Uses, Development Standards & Procedures
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
Regsonal
1,523,416 sq.ft.
0
0
0
D
0
0
1,523.416 sq.ft.
Commercial
Movie Theater
5B0 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
C
C
C
0
C
245
524C
2,269
office!
0
150,126 sq.ft. (}
91,727 sq.ft.
623,525 sq.ft.
1,310,899sq.ft.
286.166 sq.ft.
95,550 sq.ft.
2,571,481 sq.ft.
Commercial I
1 (a)
m. aquare rootage indicated in i adie 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.
C. Residential units are permitted In all blocks consistent with Table 1, North Newport Center Land Use Regulations table. A tots! of 1,500 units are
permitted within the Newport Center Housing Overlay sites including Fashion Island, Block 1DD, Brock 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 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, am rings, 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
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Land Uses, Development Standards & Procedures
Section II. Land Use and Development Regulations
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 flan and this Planned Community
Development Plan or applicable zoning at the receiving sitc(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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Land Uses, Development Standards & Procedures
Section III. Site Development Standards
M. 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 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.
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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Land Uses, Development Standards & Procedures
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.
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 II1(A)(2)(a). Rooftop appurtenances mast be screened from view; the
height of rooftop appurtenances shall not exceed the height of the screening. Supports forwindow 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 trust be screened using
hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line
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Land Uses, Development Standards & Procedures
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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Land Uses, development Standards & Procedures
Section Ill. 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
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 I 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
r 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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Land Uses, Development Standards & Procedures
Section Ill. 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 minunum size of trees shall be 24-inch box.
Z. 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
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
subjectto 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 pennitted 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
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 Dumber
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; letterllogo
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
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 Ill. 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 Letterl
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
entries to Newport
Center
Santa Cruz Dr.
at San Joaquin Hills Rd.
2
(1 per corner)
15 feet high
15 feet wide
24 inches
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
15feet high
24 inches
Jamboree Rd.
15 feet wide
at San Joaquin Hills Rd.
B
Small cube located
San Nicolas Dr.
2
5 feet high
24 inches148 inches
along Newport
at Newport Center Dr.
(1 per corner)
5 feet wide
Center Dr.
Newport Center Dr.
2
5 feet high
24 inchesl48 inches
and Santa Rosa Dr.
(1 per corner)
5 feet wide
Block 600:
5
5 feet high
24 inches148 inches
Along Newport Center Dr.
5 feet wide
Block 800:
2
5 feet high
24 inches148 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
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
Block 600:
2
8 feet high
36 inchesl48 inches
Along Santa Cruz Dr.
28 feet wide
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Land Uses, Development Standards & Procedures
Section Ill. Site Development Standards
Sign
Maximum
Maximum
Maximum Letter/
Type
Description
Location
Number of Signs
Sign Size
Logo Height
Block 800:
2
8 feet high
36 inchesl48 inches
Along Newport Center Dr.
28 feet wide
Along Santa Barbara Dr.
2
8 feat high
36 inchesl
28 feet wide
4B 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 feet 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:
1
Determined by name
18 inches
landscape walls
Facing Newport Center Dr,
of tenant; letterllogo
(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; letterllogo
5 facing Newport
height not to exceed
Center Dr,;
48 inches
1 facing Santa
Rosa Or.
Block 800:
2
Determined by name
36 inchesl48 inches
At San Clemente Dr. project entry
of tenant; letter/logo
height not to exceed
48 inches
Block 800:
1
Determined by name
36 inchesl48 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; 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
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.
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
Apartment Projects
1 per frontage
7 feet high by 7 feet
24 inches
Signs
wide
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.
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 lll. Site Development Standards
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.
A. 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 (I4) square feet of
landscape area shall be provided per parking space. Landscaping may be provided in parking lot
planters and/or for perimeter screening.
e. 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 entranccs, 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 Iandscaped. 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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Section III, 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 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 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.
£ 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 lll. Site Development Standards
5. Utilities
All utility equipment shall be located out of the pedestrian path of travel. All utility equipment shall be
purposefttlly and aesthetically placed adjacent to alleyways, within parking areas, rear or side yards, or
within building "notch outs" and screened from public view. If the mechanical equipment cannot be placed
in rear or side yards, it shall be either placed on the ground and screened with landscape or placed on the
roof and screened with architectural materials such as roof or parapet consistent with the overall
architectural style.
All electrical utility equipment, electrical meters, and junction boxes shall be placed within a utility room.
If a utility room is not feasible, then all utility equipment shall be purposefully designed as an integral
part of the building development, placed adjacent to alleyways, within parking areas, or within rear or
side yards, and screened from public view.
6. Private Streets
Private streets shall be designed to foster a low speed, multi -modal internal site circulation network.
Streets shall provide a limited amount of curbside parking for visitors, loading, service, and accessible
ADA spaces. The streets shall be designed as an amenity for the site, including surface treatments and
landscaping similar in character and quality to any paseos or common open space.
All new multi -unit development sites that provide private streets shall comply with a minimum width
right-of-way standard. When on -street parallel parking is not provided, the right-of-way width shall be
forty-one (41) feet in width. When on -street parallel parking is provided, the right-of-way width shall be
fifty (50) feet in width.
Streets shall be twenty-six (26) to thirty-five (35) feet in width from curb to curb designed to provide
motor vehicle and bicycle access. All police and fire emergency and maintenance vehicle access standards
shall be met. Parallel curbside parking shall be permitted within roadways. Angled or head -in parking
shall be prohibited. A minimum of one sidewalk, five feet wide, shall be provided. When on -street parking
is provided, the sidewalk shall be on the side of street with parking. Shrubs, ground cover, and street trees
are prohibited within the 5-foot sidewalk area. There shall be a minimum of five feet for a landscaping
and paving area intended to provide a transition between the street and private residences. Landscaping
shall comprise a minimum of twenty (20) percent of the total building frontage(s) area. Landscape planting
beds shall have a minimum width of three feet. Paving stone, brick or concrete unit pavers or poured -in -
place concrete with integral color pigments is permitted in the zone. Steps are permitted to above -grade
first floor entrances.
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
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Land Uses, Development Standards & Procedures
Section Ill. Site Development Standards
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.
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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
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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, detennines 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 dctermine 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.
3. Depending on the location of the sending and receiving sites, the Traffic Engineer may
determine that a more detailed traffic analysis is required to determine whether adverse
traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed
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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),
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. 'Mien 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 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 forrned 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 case 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
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 Iaundries
- 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.I above.
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Land Uses, Development Standards & Procedures
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 infonnation 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 36.
Secondary Tenant: A small tenant; not the primary tenant of an office building.
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Land Uses, Development Standards & Procedures
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 Identil"ieation 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 narne 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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Land Uses, Development Standards & Procedures
Section V. Definitions
MECHANICAL PENTHOUSE ELEVATOR OVERUN
TOP OF PARAPET
ROOF OF LAST OCCUPIED SPACE
FINISH GRADE
NOTE: In no instance shaft any part of the building, including rooftop appurtenances
or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for
John Wayne Airport.
Graphic f, Example of Building Height and Rooftop Appurtenances
North Newport Center Planned Community Development Plan 36
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
NORTH
NEWPORT CENTER
DESIGN
REGULATIONS
North Newport Center Design Regulations
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
[this page irrtewiotially blcnzk]
North Newport Center Design Regulations
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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........................................................ .............
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
North Newport Center Design Regulations
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Appendix —Design Regulations
[this page intentionally blank]
North Newport Center Design Regulations
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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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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
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 Plant are implemented.
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Land Uses, Development Standards & Procedures
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 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, Iighting, 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
streetscapes, for example, would rep
frontages but integrate landscape into
spaces
appropriate to its location; urbanized
luire less landscape along the street
interior courtyards and common open
North Newport Center Design Regulations g
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Appendix — Design Regulations
• 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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Land Uses, Development Standards & Procedures
Appendix— Design Regulations
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.
North Newport Center Design Regulations 5
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Appendix— Design Regulations
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North Newport Center Design Regulations
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Land Uses, Development Standards & Procedures
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
North Newport Center Design Regulations
November 10, 2015
Pedestrian courtyard at
550 Newport Center Dr.
Building interface at
San Joaquin Plaza
7
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Appendix — Design Regulations
b. In Mixed -Use sub -areas, the development of a complex of buildings is preferable to a
single large structure because the varied massing provides visual interest and a human
scale. Additionally, the spaces created between the various buildings provide
opportunities for pedestrian plazas, courtyards and other outdoor gathering areas.
C. New buildings should be oriented to and have features which reinforce and enhance
the existing pedestrian experience. Mixed -Use sub -areas should emphasize pedestrian
orientation by utilizing features such as plazas, courtyards, interior walkways,
trellises, seating, fountains, and other similar elements.
d. New retail buildings should be located to enhance tenant visibility and identity, while
maintaining compatible relationships with adjacent structures and street frontages.
e. New buildings should be arranged to provide convenient access to entrances and
efficient on -site circulation for vehicles and pedestrians. Projects should develop a
comprehensive open space network that uses plazas and other open space elements to
connect uses. Open space areas and the paths that link them should facilitate the
integration of adjacent land uses on the site.
f. New buildings with a strong street presence are encouraged in Fashion Island
g. Residential development shall provide common outdoor open space areas for
residents. These areas should be configured and designed so as to address privacy for
residential uses while also providing linkages to the public open space components of
the project.
h. Planning and developing shared facilities such as driveways, parking areas, pedestrian
plazas and walkways, with adjoining properties, including those outside of the North
Newport Center Development Plan, is strongly encouraged.
Example of resident open space
2. Building Envelope
1,,
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.
North Newport Center Design Regulations g
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Land Uses, Development Standards & Procedures
Appendix-- Design Regulations
3. Building Character and Style
a. The character and style of new buildings located in Fashion Island should be
compatihlc with the classically inspired architecture of the existing buildings in
Fashion Island. The character and style of new commercial and residential buildings
located in the mixed -use sub -areas should be compatible with the existing
contemporary architecture or the classically inspired architecture of the existing
buildings.
b. New buildings within Fashion Island should continue and enhance the existing
pedestrian experience by promoting storefront visibility.
C. New buildings should reflect a timeless architecture with straightforward geometry, a
unified composition, the expression of floor levels and structure, and solid parapets.
Trendy, short-lived, idiosyncratic architectural styles are not appropriate; although
retail storefronts may reflect the design theme of the merchant.
d. The top of all roof -mounted equipment and communications devices should be below
the building parapet or equipment screens in a manner that hides them from the street.
The height of rooftop appurtenances shall not exceed the height of the screening.
e. Ground level equipment, refuse collection areas, storage tanks and infrastructure
equipment should be screened from public right-of-ways views with dense
landscaping and/or walls of materials and finishes compatible with adjacent buildings.
f_ Above grade equipment, including backflow preventers at domestic water meters,
irrigation controllers, and cable television pedestals should not be visible from public
right-of-ways, when feasible.
g. Chain link fencing is not allowed, except to screen construction areas.
h. Avoid long, continuous blank walls, by incorporating a variety of materials and design
treatments and/or modulating and articulating elevations to promote visual interest.
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.
North Newport Center Design Regulations
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Example of appropriate high-rise
architecture
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
North Newport Center Design Regulations 10
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
iNot to Scale) I I fNntto
Example of architectural feature
5
MOToq C()l1177iPi n....~`-
- 4 x
—� STREET
Example of architectural feature
MECHANICAL PENTHOUSE
ELEVATOR OVERUN
ROOF OF LAST OCCUPIED SPACE
x
z
a
a
TOWER
r•
r FINISHGP,apE
Example of building height measurement on sloping terrain
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Land Uses, Development Standards & Procedures
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.
C. 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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Appendix —Design Regulations
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 (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.
C. 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.
North Newport Center Design Regulations 13
November 10, 2015
3-80
Example of appropriate landscape variety
complementing the building form
Land Uses, Development Standards & Procedures
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.
North Newport Center Design Regulations 14
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3-81
Newport Center Dr. landscape variety
San Joaquin Hills Road landscape
Land Uses, Development Standards & Procedures
Appendix — Design Regulations
San Nicolas landscape showing screening of
parked cars
Landscape adjacent to 888 San Clemente
parking structure
North Newport Center Design Regulations 15
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Land Uses, Development standards & Procedures
Appendix — Design Regulations
3. Parking Lot Landscape
a. New surface parking lots should have evergreen canopy trees to provide shade.
b. A uniform evergreen tree type should be used for parking lot fields, with a different
uniform evergreen tree type used to highlight the major parking aisles.
C. Evergreen hedges should be used to screen parked cars.
Fashion Island parking lot tree placement
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
North Newport Center Design Regulations 16
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C. CircuIation
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.
1. Streets and Pedestrian Activity
a. New development should preserve and enhance the existing attractive street scene,
promote safe and convenient driving practices, and encourage street level pedestrian
activity.
b. All buildings should be publicly accessible via a path or walkway from a public
sidewalk.
C. The crescent walk linking Block 400, Block 500 and BIock 600 along Newport Center
Dr. and pedestrian connections to/in Fashion Island should be preserved and enhanced
where feasible. Connections from the crescent walk into courtyards, plazas, and other
gathering areas in Block 400, Block 500 and Block 600 should be provided where
possible.
d. Each sub -area should demonstrate an internal pedestrian network of walks and paseos
that connect to the larger Newport Center pedestrian system.
e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping,
should occur between Newport Center Dr. and the retail core of Fashion Island.
f. Amenities such as benches, plazas and other pedestrian -oriented facilities should be
provided at pedestrian destinations.
g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which
remove pedestrians from the street level are not allowed.
h. New benches, street trees, directional signs, trash receptacles, and exterior lighting are
encouraged in the public right-of-ways to reinforce pedestrian activity.
i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is
compatible with the character of the existing development.
Pedestrian walkway from Newport
Center Dr, to Fashion Island
Example of pedestrian amenities
North Newport Center Design Regulations 17
November 10, 2015
3-84
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
i -
Example of pedestrian oriented enhancement
Storefront interface with pedestrians
Fashion Island paseo
18
3-85
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
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Land Uses, Development Standards & Procedures
Appendix — Design Regulations
I 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.
-- - f 3i -'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
Well-defined pedestrian walkway in 5001550
Newport Center Dr. parking lot
North Newport Center Design Regulations 21
November 10, 2015
3-88
D. 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.
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.
North Newport Center Design Regulations 22
November 10, 2015
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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
Fashion Island major tenant visibility
North Newport Center Design Regulations 23
November 10, 2015
3-90
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
W
Wind chine as a landmark at Macy's
Palms as a landmark at the southern entry into Fashion Island
North Newport Center Design Regulations 24
November 10, 2015
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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. Wayfmding signs should be unified within each sub -area.
f. Simplicity and legibility are encouraged.
g. Ample blank space around sign copy is encouraged.
h. Animated signs visible from public streets are not allowed unless otherwise permitted
by the Municipal Code.
i. Signs may be internally -illuminated, halo -illuminated, externally illuminated, or non -
illuminated.
j. Sign types A-K and their corresponding locations are shown on the following pages.
Project identification sign
Business identification sign
NORDSTROM OPENING2010
Directional sign Temporary signs mounted on construction fence
North Newport Center Design Regulations
November 10, 2015
25
3-92
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20-25:
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.
C. 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
a 01
Non -glare producing lights at 888 San Clemente
North Newport Center Design Regulations 32
November 10, 2015
3-99
Exhibit "C"
Housing Implementation Program EIR (PA2022-0245)
File available via link due to size at:
https://www.newportbeachca.gov/government/departments/community
development/planning-division/projects-environmental-document-download-
a e/environmental-document-download- a e
3-100
Exhibit "D"
CEQA Consistency Analysis
File available via link duce to size at:
h_ttps://ecros.new ortbeachca, ovIWEB/DocView_as x?id=3116123&dbid =a&re o=CNB
3-101
Attachment B
Ordinance No. 2025-8
3-102
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. ❑A 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)
❑veday Zoning Districts) of the Newport Beach Municipal Code ("NBMC") and derived
from the City's V 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")-
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Ordinance No. 2025-8
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 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 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-H3),
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 6t" Cycle Housing Element into the PC-56 Development Plan;
3-104
Ordinance No. 2025-8
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 "B," 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;
3-105
Ordinance No. 2025-8
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.
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Ordinance No. 2025-8
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 gear 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.
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Ordinance No. 2025-8
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
L 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:
i. The project is consistent with:
A. A community plan adopted as part of a general plan;
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Ordinance No. 2025-8
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.
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Ordinance No. 2625-8
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 56 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 PER; 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.
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Ordinance No. 2025-8
Page 9 of 9
Section 7: 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 24th 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 C. arp, CO -Attorney
Attachments: 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
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Exhibit "A"
Description and Depiction of Properties
Applicable Accessor Parcel Numbers:
442 014 23
442 101 14
442 021 11
44210120
442 021 13
442101 21
442 021 17
442101 22
442 021 21
442101 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
44202143
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
442101 09
442 101 11
442 101 13
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n
North Newport Center
Planned Community <jr
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Exhibit "B"
Development Agreement No. DA 2007-002, entitled Zoning Implementation
and Public Benefit Agreement
htts:llecros.new ortbeachca. ov/WEB/DocView.as x?id=28070&dbid=0&re o=
CNB&searchid=6f12ffd4-2e51-4865-8dc6-f234770f23a5
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Exhibit "C"
Second Amendment to Development Agreement No. DA2007-002, entitled
Zoning Implementation and Public Benefit Agreement
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SECOND AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC BENEFIT
AGREEMENT
THIS SECOND AMENDMENT TO ZONING IMPLEMENTATION AND PUBLIC
BENEFIT AGREEMENT ("Second Amendment to DA") is executed on this _ day of
2025, by and between (1) CITY OF NEWPORT BEACH ("C jy ), and (2) THE IRVINE
COMPANY LLC, VILLAS AT FASHION ISLAND LLC, THE COLONY AT FI LLC,
FASHION ISLAND RETAIL LLC, ISLAND HOTEL FINANCE LLC, 660 NEWPORT
CENTER DRIVE LLC, 650 NEWPORT CENTER DRIVE LLC, 620 NCD LLC, 6I0
NEWPORT CENTER DRIVE LLC, 600 NCD LLC, 500/550 NEWPORT CENTER DRIVE
LLC, 520 NEWPORT CENTER DRIVE LLC, 190 NCD LLC, MYFORD GATEWAY
PORTFOLIO LLC, and 100 NCD LLC, (individually referred to as a Landowner" and
collectively as "Landowners") (Landowners and City together shall be referred to as "Patties").
R RC`ITA1.S
City and The Irvine Company LLC entered into Development Agreement No. DA 2007-
002, entitled Zoning Implementation and Public Benefit Agreement Between the City of
Newport Beach and The Irvine Company LLC Concerning North Newport Center (Block
600, Fashion Island, and Portions of Block 500, and San Joaquin Plaza) ("2007
Development Agreement"), which the City of Newport Beach adopted by Ordinance No.
2007-21 on December 18, 2007. The 2007 Development Agreement provides for the
Landowners' entitlement and transfer rights within the North Newport Center Planned
Community (PC-56),
2. On August 14, 2012, the 2007 Development Agreement was amended to include 94 new
residential units and add Block 800 and portions of Block 100 and 400 into the North
Newport Center Planned Community ("2012 Amendment"), Through a clerical error, the
2012 Amendment was recorded without its accompanying exhibits. To correct this
clerical error, the City approved and executed an Amended and Restated Amendment to
Zoning Implementation and Public Benefit Agreement on February 25, 2013, which was
identical in every way to the 2012 Amendment, but for a single recital, new signatures of
the Parties, and the attached exhibits on the recorded copy (the "First Amendment"). The
2007 Development Agreement and the First Amendment are collectively referred to
herein as the "Development Agreement."
3. Consistent with Section 21.1 of the Development Agreement, The Irvine Company LLC
assigned its interest in certain properties governed by the Development Agreement to
related entities, which are described in more detail in Exhibit A attached hereto.
4. On November 10, 2015, the North Newport Center Planned Community Development
Plan was amended to include two small properties in Block 500 (2071 and 2101 San
Joaquin Hills Road, Assessor Parcel Numbers 442-08-102 and 442-08-103). The legal
descriptions of2071 and 2101 San Joaquin Hills Road are attached hereto as Exhibit B.
5, The Newport Beach City Council adopted the General Plan 6th Cycle Housing Element
("Housing Element") in September 2022 covering the planning period from 2021-2029.
3-116
As required by state Iaw, the Housing Element was certified by the State Department of
Housing and Community Development (" HCD") in October 2022.
6. On July 23, 2024, the City Council adopted Resolution No. 2024-50 certifying the
Housing Element Implementation Program Amendments Final Program Environmental
Impact Report (State Clearinghouse No. 2023060699), approving a Mitigation
Monitoring and Reporting Program. and adopting Findings and a Statement of Overriding
Considerations and related approvals to implement the Housing Element including
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 Newport
Beach Municipal Code and amending the General Plan Land Use Element, Coastal Land
Use Plan and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code.
7. On , 2025, the City Council approved the Planned Community Development Plan
(PC-56) Amendment, and related Affordable Housing Implementation Plan, Water
Supply Assessment and California Environmental Quality Act ("CEQA") consistency
determination to allocate 1.500 of the 2,439 dwelling units allocated to Subarea HO-4
Subarea to the North Newport Center Planned Community (PC-56) Development Plan
and add 100 and 190 Newport Center Drive, Assessor Parcel Numbers 442-231-13 and
422-231-09, to the North Newport Center Planned Community Development Plan area.
The legal descriptions of 100 and 190 Newport Center Drive are attached hereto as
Exhibit B.
& The Parties now desire to amend the Development Agreement to (i) add the [2071 and
2101 San Joaquin Hills Road and] I00 and 190 Newport Center Drive properties and (ii)
increase the total allowable residential units in the North Newport Center Planned
Community by 1,500 units, consistent with the amendments to the North Newport Center
Planned Community Development Plan.
9. This Second Amendment to DA is intended to be an amendment pursuant to California
Government Code Section 65868. This Second Amendment to DA has been considered
and approved in the same manner as the Development Agreement with public hearings
pursuant to California Government Code Section 65867. The City Council has evaluated
the potential impacts of this Second Amendment to DA and has determined that any
potential impacts are consistent with those analyzed pursuant to the Housing Element
Implementation Program Amendments Final Program Environmental Impact Report
(State Clearinghouse No. 2023060699). The City has determined that this Second
Amendment to DA is not subject to further environmental review pursuant to Public
Resources Code Section 21083.3 and CEQA Guidelines Section 15183.
10.On March 6, 2025, the City's Planning Commission held a public hearing on this Second
Amendment to DA and made findings and determinations with respect to this Second
Amendment, and recommended to the City Council that the City Council approve the
terms of this Second Amendment to ❑A.
11. On , 2025, the City Council held a public hearing on this Second Amendment to
DA and considered the Planning Commission's recommendations and the testimony and
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information submitted by City staff, Landowners, and members of the public. On
2025, pursuant to applicable state law (California Government Code sections
55854-65859.5) and local law (City of Newport Beach Municipal Code chapter 15.45).
the City Council adopted its Ordinance No. 2025-[ ] finding this Second Amendment to
DA to be consistent with the City of Newport Beach General Plan and approving this
Second Amendment to DA.
12. Capitalized terms used but not defined or modified in this Second Amendment shall have
the same meaning as set forth in the Development Agreement.
AGREEMENT
NOW, THEREFORE, City and Landowners agree as follows;
Property. The Parties hereby arrrend the term "Property" in the Development Agreement
to add the properties located at [2071 and 2101 San Joaquin Hills Road, Newport Beach,
Assessor Parcel Numbers 442-08-102 and 442-08-103, and] 100 and 190 Newport Center
Drive, Newport Beach, Assessor Parcel Numbers 442-231-13 and 422-231-09,
respectively, which are the parcels of real property that are described in the legal
description attached to this Second Amendment to DA as Exhibit B and depicted on the
site map attached hereto as Exhibit C ("Added Property"). All of the Added Property is
owned by one or more of the Landowners.
2, Development Plan. The Parties hereby acknowledge and agree that the amendments to
the North Newport Center Planned Community Development Plan (PC-56) adopted
pursuant to Ordinance No. 2025-_ ("PC-56 Amendment') and related approvals are
included within the definition of"Development Plan" in Section 1.8 of the Development
Agreement.
3. AH1P. The Parties hereby acknowledge and agree that the amendments to the AH1P
adopted pursuant to Resolution No. 2025-� are included within the definition of AHIP
in Section 1.1 of the Development Agreement.
4. Development Regulations.
4.1 The Parties hereby amend the definition of "Development Regulations" in the
Development Agreement to add the North Newport Center Planned
Community Development Plan, as adopted and amended pursuant to
Ordinance No. 2025-[__].
4.2 Newport Center Blocks 600, 800, and the portions of Blocks 100, 400, 500,
San .Joaquin Plaza, and Fashion Island covered by the Development
Agreement shall remain governed by the Development Regulations as set
forth in the First Amendment, with the exception that the North Newport
Center Planned Community Development Plan, as adopted and amended
pursuant to Ordinance No. 2025-[_] shall apply.
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4.3 The Added Property shall be governed by the Development Regulations in
effect as of the Effective Date of this Second Amendment, including without
limitation the North Newport Center Planned Community Development Plan,
as adopted and amended pursuant to Ordinance No. 2025-[ ].
General Plan. The Parties hereby amend the definition of "General Plan" in Section 1.15
of the Development Agreement to add the Housing Element approved on September 13,
2022, pursuant to Resolution No. 2022-60, Land Use Element updated on July 23, 2024,
pursuant to Resolution No. 2024-51, and Circulation Element updated on October 25,
2022, pursuant to Resolution No. 2022-80.
6. Landowners' Vested Rights. The Parties acknowledge and agree that Section 6.2 of the
Development Agreement, which regards Landowners' vested rights, remains in full force
and effect, and applies to the Landowners, Property and the Development Regulations as
each definition is amended herein.
Affordable Housing Obligation. The Parties agree that a Landowner's compliance with
the amended 2025 Affordable Housing Implementation Plan attached hereto as Exhibit D
satisfies any affordable housing obligation of such Landowner to the City, including
under Policy Action 1 K (Inclusionary Housing Policy) to the bth Cycle Housing Element,
with respect to the 1,500 residential units added to the North Newport Center Planned
Community pursuant to this Second Amendment to DA.
Public Benefit Fee. As stated in Section 9 of this Second Amendment to DA, the Parties
acknowledge and agree that the Public Benefit Fee for existing residential units as
required in the Development Agreement has been satisfied. The Parties agree that the
Public Benefit Fee payable to the City by any Landowner implementing all or a portion
of the 1,500 residential units added to the North Newport Center Planned Community
pursuant to this Second Amendment to DA shall be as follows:
(a) Any and all Landowners implementing development of all or a portion of the
1,500 residential units in the North Newport Center Planned Community shall
not be subject to a Public Benefit Fee for any units that are issued a building
permit for such residential units before January 1, 2033.
(b) Any and all Landowners implementing development of all or a portion of the
1,500 residential units that are rental units issued a building permit for such
units on or after January 1, 2033, shall be subject to a Public Benefit Fee, in
the sum of S 17,000 per unit payable at the issuance of the building permit for
such units. The Public Benefit Fee shall be adjusted annually commencing on
January 1, 2026 based upon a percentage change in the Consumer Price Index
("CFI") published from time to time by the United States Department of
Labor Bureau of Labor Statistics for all urban consumers (all items) for the
Los Angeles -Long Beach -Anaheim, California Area, All Urban Consumers,
All Items, Base Period (1982-84=100), during the Term of this Second
Amendment to DA (each, an "Adjustment Date") until the Public Benefit Fee
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is fully paid. The Parties understand and agree that the Public Benefit Fee
shall never be less than $17.000 per unit.
(c) Any and all Landowners implementing development of all or a portion of the
1,500 residential units that are for sale units issued a building permit for such
units on or after January 1, 2023 shall be subject to an increase in the Public
Benefit Fee, as reasonably detennined by the City and agreed to by
Landowner at the time of issuance of the building permit for such units, but in
no event shall the increased Public Benefit Fee be less than $17,000 per unit.
9. Per Unit Public Benefit Fee for Parks Rental Units). Section 4.1 of the Development
Agreement, as amended in Section 7 of the 2012 Amendment and First Amendment,
established a Public Benefit Fee for Parks, which the Parties understand and agree
applied solely to for sale residential units. The Parties hereby agree that Section 4.1 of
the Development Agreement is amended to add the following Public Benefit Fee For
Parks for rental units as Section 4.1.1 of the Development Agreement:
"Per Unit Public Benefit Fee for Parks Rental Units). Commencing with the
800th rental unit of the 1,500 residential units added to the North Newport Center
Planned Community pursuant to the Second Amendment to DA, any and all
Landowners implementing development of all or a portion of the remaining 700
residential units shall pay to City a per rental unit Public Benefit Fee for Parks in
the sum of $34,000 per unit at the issuance of the building permits for such rental
units. This fee is in -lieu of any Park Fee that would otherwise be applicable to the
1,500 residential units added to the North Newport Center Planned Community
pursuant to the Second Amendment to DA, including as may be required pursuant
to the Newport Beach Municipal Code."
10. Development Fees. During the Term of this Second Amendment to DA, the
Development Fees applicable to development of die 1,500 residential units added to the
North Newport Center Planned Community pursuant to this Second Amendment to DA
shatl be the Park Fees and Public Benefit Fee as set forth in Sections [8] and [91 herein
and any other Development Fee required for development of the Property as of the
Effective Date that is unrelated to public benefits or parks and recreation. Consistent
with Section 5.2 of the Development Agreement, during the Term of the Development
Agreement as amended hereby, the City shall not increase the amount of the Public
Benefit Fee, Park Fees or any other Development Fees applicable to the Property except
as set forth in this Second Amendment to DA.
l l . Master Landscape PIan and Im]2rovements. Following the Effective Date of this Second
Amendment to DA, Landowners shall commence design of one Master Landscape Plan
for the areas around the Newport Center Ring Road and San Miguel Drive entry shown
on Exhibit E attached hereto, which plan may be submitted by any one Landowner, for
review and issuance of any required permit(s) by the City. Improvements described in
the Master Landscape Plan shall be completed prior to the issuance of the first certificate
of occupancy for one of the 1,500 residential units added to the North Newport Center
Planned Community pursuant to this Second Amendment to DA. The value of the
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improvement shall be equal to or greater than seventeen million dollars ($17,000,000) in
construction costs.
12. Voluntary Payment of Development Impact _Fee s. Notwithstanding anything in the
Development Agreement to the contrary, for projects implementing the 1,500 residential
units added to the North Newport Center Planned Community pursuant to this Second
Amendment to DA, any and all Landowners implementing development of all or a
portion of the 1,500 residential units shall pay the applicable Development Impact Fee
consistent with Ordinance No. 20?[-]-[ ] at issuance of the building permit for such
residential units.
13. Expiration, Completion, or Exhaustion of Certain Ob]igatians. In addition to the
obligations that were acknowledged as completed in the First Amendment, the Parties
agree that all applicable obligations of both Parties under the Development Agreement
have fully expired or have been fully exhausted or fully completed.
14. No Conflicting Enactments. Except to the extent City reserves its discretion as expressly
set forth in the Development Agreement, during the Term of the Development
Agreement as amended by this Second Amendment to DA, City shall not apply to the
Project any ordinance, policy, rule, regulation, or other measure relating to development
of the Project, as contemplated by this Second Amendment to DA, that is enacted or
becomes effective after the applicable Effective Date as set forth in Section 4 and 15 of
this Second Amendment to DA to the extent it conflicts with this Second Amendment to
DA unless specifically mandated by a court of competent jurisdiction as applicable to the
Project in a final and non -appealable order or judgment. No City moratorium or other
similar limitation relating to the rate, timing, or sequencing of the development or
construction of all or any part of the Project and whether enacted by initiative or another
method, affecting subdivision maps, building permits, occupancy certificates, or other
entitlement to use, shall apply to the Project to the extent such moratorium or other
similar limitation restricts a Landowner's vested rights in the Development Agreement
including this Second Amendment to DA or otherwise conflicts with the express
provisions of the Development Agreement or Second Amendment to ❑A unless
specifically mandated by a court of competent jurisdiction as applicable to the Project in
a final and non -appealable order or judgment.
15. Effective Date. "Effective Date" shall mean the latest of all of the following occurring:
(i) the date that is thirty (30) days after the date of the adopting ordinance for this
Agreement ("Adopting Ordinance") (ii) if a referendum concerning the Adopting
Ordinance for this Agreement or the PC-56 Amendment approved on or before the date
of the Adopting Ordinance is timely qualified for the ballot and a referendum election is
held concerning such Adopting Ordinance or PC-56 Amendment, the date on which the
referendum is certified resulting in upholding and approving the Adopting Ordinance and
such PC-56 Amendment and becomes effective, if applicable; (iii) if a lawsuit is timely
filed challenging the validity or legality of the Adopting Ordinance, this Agreement,
and/or the PC-56 Amendment, the date on which said challenge is finally resolved in
favor of the validity or legality of the Adopting Ordinance, this Agreement, and/or the
applicable PC-56 Amendment, whether such finality is achieved by a final non-
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appealable judgment, voluntary or involuntary dismissal (and the passage of any time
required to appeal an involuntary dismissal), or binding written settlement agreement.
Promptly after the Effective Date occurs, the Parties agree to cooperate in causing an
appropriate instrument to be executed and recorded against the Property memorializing
the Effective Date.
16. Term. Section i 1 of the Development Agreement is amended at paragraph two to read as
follows:
"The term of this Agreement ("Term") shall commence on the Effective Date and
shall continue thereafter until the earlier of the following: (i) September Lj
2042; or (ii) the date this Agreement is terminated pursuant to Sections 12 or 15.1
of this Agreement."
17. Amendment or Cancellation of Agreement. In addition to the termination rights provided
in Section 12 of the Development Agreement, the Parties agree that with respect to this
Second Amendment to DA, if after the Effective Date of the Second Amendment to DA,
a court of competent jurisdiction issues a final and non -appealable order or judgment
directing the City to set aside the PC-56 Amendment and this Second Amendment to DA,
the Second Amendment to DA shall terminate automatically without further notice or
action. In event of such termination, the Development Agreement as it existed prior to
the Second Amendment to DA shall remain in full force and effect.
1 S. Events of Default. The Parties hereby agree that Section 15.1 of the Development
Agreement is amended to add the following sentence at the end of the paragraph:
"Notwithstanding any of the foregoing or any other provision of this Agreement,
and consistent with Section 21.2 of the Agreement that the benefits and burdens
of this Agreement constitute covenants that run with the Property, other than The
Irvine Company LLC, no Landowner shall be liable under this Agreement for a
default by any other Landowner(s) with respect to the defaulting Landowner(s)'
Property, such that default by one Landowner shall not be considered a default by
all other Landowners."
19. Limited Recovery of the Legal Expenses by Prevailing Part,, my Action. The Parties
hereby agree that Section 15.4 of the Development Agreement (Limited Recovery of the
Legal Expenses by Prevailing Party in Any Action) is deleted in its entirety.
20, force Mai eure. The Parties hereby agree that Section 17 of the Development Agreement
is amended to add the following as the last sentence of Section 17:
"1n addition, in no event shall the time for performance of a monetary obligation,
including without limitation a Landowner's obligation to pay Public Benefit Fees,
be extended pursuant to this Section."
21. Third Party Legal Challenge. The Parties hereby agree that Section 19 of the
Development Agreement is deleted in its entirety and replaced with the following:
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"Third Party Litigation. In addition to its indemnity obligations set forth in
Section I8 of this Agreement, each Landowner shall indemnify, defend, and hold
harmless City and City's officials, employees, agents, attorneys, and contractors
("City's Affiliated Parties") from and against any suits, claims, liabilities, losses,
damages, penalties, obligations, and expenses (including but not limited to
attorneys' fees and costs) ("Claim") against City or City's Affiliated Parties
seeking to attack, set aside, void, or annul the approval of this Agreement, the
Adopting Ordinance for this Agreement, the Development Plan (including any
related approvals), any of the Development Regulations for the Project (including
without limitation any actions taken pursuant to CEQA with respect thereto), any
subsequent discretionary approval, or the approval of any permit granted pursuant
to this Agreement with respect solely to such Landowner. Said indemnity
obligation shall include payment ofattorney's fees, expert witness fees, City staff
costs, and court costs. City shall promptly notify each applicable Landowner of
any such Claim and City shall cooperate with such Landowner(s) in the defense
of such Claim. If City fails to promptly notify an applicable Landowner of such
Claim, such Landowner shall not be responsible to indemnify, defend, and hold
City harmless from such Claim until such Landowner is so notified and if City
fails to cooperate in the defense of Claim such Landowner shall not be
responsible to defend, indemnify, and hold harmless City during the period that
City so fails to cooperate or for any losses attributable thereto. City shall be
entitled to retain separate counsel to represent City against the Claim and the
City's defense costs for its separate counsel shall be included in the applicable
Landowner's indemnity obligation, provided that such counsel shall reasonably
cooperate with the applicable Landowner in an effort to minimize the total
litigation expenses incurred by such Landowner. In the event either City or
Landowner recovers any attorney's fees, expert witness fees, costs, interest, or
other amounts from the party or parties asserting the Claim, such Landowner shall
be entitled to retain the same (provided it has fully performed its indemnity
obligations hereunder). The indemnity provisions in this Section 19 shall survive
termination of this Agreement."
22. Notices. Any required notices to Landowners shall be provided in the manner provided
in Section 24 of the Development Agreement, addressed to the City and the applicable
Landowner as follows:
TO CITY: City of Newport Beach
100 Civic Center Drive
Newport Beach, California
92660
Attn: City Manager
With a copy to: City Attorney
City of Newport Beach
100 Civic Center Drive
Newport Beach, California
92660
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TO LANDOWNER: 550 Newport Center Drive
Newport Beach, California 92664-0015
Attn: General Counsel
With a copy to: Latham & Watkins LLP
12670 High Bluff Drive
San Diego, California 92130
Attn: Jennifer K. Roy
23. Monetary Damages. The Parties agree that monetary damages shall not be an available
remedy for either Party for a Default hereunder by the other Party; provided, however,
that (i) nothing in this section is intended or shall be interpreted to limit or restrict City's
right to recover the Public Benefit Fees due from a Landowner as set forth herein; and (ii)
nothing in this section is intended or shall be interpreted to limit or restrict Landowner's
indemnity obligations set forth herein. In no event shall damages otherwise be awarded
against a Party upon an event of default or upon termination of this Second Amendment
to DA. The Parties hereby expressly waive any such monetary damages against the other
Parties, The sole and exclusive judicial remedy for a Landowner in the event of a Default
by the City shall be an action in mandamus, specific performance, or other injunctive or
declaratory relief.
24. No Personal Liability. The Parties hereby agree that Section 25,11 of the Development
Agreement (Non -Liability of City Officers and Employees) is deleted in its entirety and
replaced with the following:
"No Personal Liability of City Officials Employees, or A eats. No City
official, employee, or agent shall have any personal liability hereunder for a
default by City of any of its obligations set forth in this Agreement,"
25. Conflicts. Except as otherwise set forth therein to the contrary, all terms and provisions of
the Development Agreement shall remain unamended and continue in full force and
effect. This Second Amendment to ❑A and the Development Agreement, along with any
previous or future amendments, shall be construed together and constitute one agreement.
In the event of any inconsistency between this Second Amendment to DA and the
Development Agreement, the provisions of this Second Amendment to DA shall prevail.
26. Compliance with California Government Code Section 65867.5. California Government
Code Section 65867.5 provides that a development agreement is a legislative act that
shall be approved by ordinance and subject to referendum. A development agreement
shall not be approved unless the legislative body finds that the provisions of the
agreement are consistent with the general plan and any applicable specific plan. These
requirements of California Government Code Section 65867.5 have been satisfied by the
City's finding that this Second Amendment to DA is consistent with the City's General
Plan and the City's approval of this Second Amendment to DA by ordinance.
4
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27. Compliance with California Government Code Section 66473.7. The area subject to the
Second Amendment to ❑A may include a future subdivision, and the City may, in its sole
and absolute discretion, approve certain tentative maps for such subdivision. Any such
subdivision will comply with all of the provisions of the Subdivision Map Act including,
but not limited to, California Government Code Section 65867.5 in that any tentative
maps will be approved by the City in compliance with California Government Code
Section 66473.7.
28. Section HeadiU . All section headings are inserted for convenience only and shall not
affect construction or interpretation of this Second Amendment to DA.
29. Incorporation of Exhibits. Exhibits A, B, C, D and E are attached to this Second
Amendment to DA and incorporated by reference as follows:
EXHIBIT
DESIGNATION
DESCRIPTION
A
List of Current Landowners and Properties
B
Legal Description of Added Property
C
Site Map of Added Property
D
2025 Affordable Housing Implementation Plan
E
Master Landscape Plan Area
30, Authority to Execute. The persons executing this Second Amendment to DA warrant and
represent that they have the authority to execute this Amendment on behalf of the party
for which they are executing this Second Amendment to ❑A. They further warrant and
represent that they have the authority to bind their respective party to the perfonnance of
its obligations under this Second Amendment to DA. The City Manager or hiAer
designee has the authority to implement the terns of this Second Amendment to DA and
execute any documents in furtherance of the terms of this Second Amendment to DA and
the Development Agreement so long as they have been reviewed and approved as to form
by the City Attorney.
31. Recordation. This Second Amendment and any amendment, modification, or
cancellation to it or the Development Agreement shall be recorded in the Office of the
County Recorder of the County of Orange, by the City of Newport Beach. City Clerk in
the period required by California Government Code Section 65868.5 and City of
Newport Beach Municipal Code Section 15.45.090.
[SIGNATURE PAGE FOLLOWS[
10
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LANDOWNER SIGNATURE PAGES TO
SECOND AMENDMENT TO ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
THE IRVINE COMPANY, LLC,
a Delaware limited liability company
By:_
Name:
Title:
VILLAS AT FASHION ISLAND LLC,
a Delaware limited liability company
By:
Name:
Title:
THE COLONY AT FI LLC,
a Delaware limited liability company
By:
Name:
Title:
FASHION ISLAND RETAIL LLC,
a Delaware limited liability company
By:
Name:
Title:
II
3-126
ISLAND HOTEL FINANCE LLC,
a Delaware limited liability company
By:_
Name:
Title:
660 NEWPORT CENTER DRIVE LLC,
a Delaware limited liability company
By:
Name:
Title:
650 NEWPORT CENTER ❑RIVE LLC,
a Delaware limited liability company
By:
Name:
Title'.
620 NCD LLC,
a Delaware limited liability company
By:
Name:
Title:
12
3-127
610 NEWPORT CENTER DRIVE LLC,
a Delaware limited liability company
By:
Name:
Title:
600 NCD LLC,
a Delaware limited liability company
By:
Name:
Title:
500/550 NEWPORT VENTER DRIVE LLC,
a Delaware limited liability company
By:
Name:
Title:
520 NEWPORT CENTER DRIVE LLC,
a Delaware limited liability company
By -
Name:
Title:
13
3-128
190 NCD LLC,
a Delaware limited liability company
Name:
Title:
MYFORD GATEWAY PORTFOLIO LLC,
a Delaware limited liability company
By:
Name:
Title:
100 NCD LLC,
a Delaware limited liability company
By:
Name:
Title:
14
3-129
CITY SIGNATURE PAGE TO
SECOND AMENDMENT TO ZONING IMPLEMENTATION
AND PUBLIC BENEFIT AGREEMENT
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
Aaron Harp, City Attorney
"CITY"
15
CITY OF NEWPORT BEACH
Jae Stapleton, Mayor
3-130
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
tnithf ilness, accuracy, or validity of that document.
State of California
County of
On , 20 before me, , Notary
Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within
instrument and acknowledged to sue that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signatures(s) on the instrimrient the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
f certify under PENALTY OF PERJURY tinder the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
On , 20 before me, , Notary
Public, personally appeared , proved to me on
the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by hislherltheir signatures(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
16
3-131
Exhibit A:
LIST OF CURRENT LANDOWNERS AND PROPERTIES
Address
Ownership Entity
1000 San Joaquin Plaza
Villas at Fashion Island LLC
800 San Clemente
The Irvine Company LLC
888 San Clemente
The Irvine Company LLC
875 San Clemente15100 Colony Plaza
The Colony at FI LLC
800/840/860/880 Newport Center Drive
The Irvine Company LLC
401 Newport Center Drive
Fashion Island Retail LLC
690 Newport Center Drive
Island Hotel Finance LLC
680 Newpqrt Center Drive
The Irvine Company LLC
660 Newport Center Drive
660 Newport Center Drive LLC
650 Newport Center Drive
650 Newport Center Drive LLC
620 Newport Center Drive
620 NCD LLC
610 Newport Center Drive
610 Newport Center Drive LLC
600 Newport Center Drive
600 NCD LLC
500/550 Newport Center Drive
500/550 Newport Center Drive LLC
520 Newport Center Drive and 555 San
Nicolas Dr.
520 Newport Center Drive LLC
2071/2101 San Joaquin Hills Rd.
The Irvine Company LLC
450 Newport Center Drive
The Irvine Company LLC
190 Newport Center Drive
190 NCD LLC
110/120/130/140/160/170 Newport Center
Drive
Myford Gateway Portfolio LLC
100 Newport Center Drive
100 NCD LLC
Various Corner Monument Sign Parcels
The Irvine Company LLC
3-132
Exhibit B:
LEGAL DESCRIPTION OF ADDED PROPERTY
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2071 San Joaquin
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 13, PAGE 41 OF PARCEL MAPS
FILED IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL
GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERA TING
THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR
GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUB SURF
ACE OF THE LAND, AND TO BOTTOM SUCH WHIPS TOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS AN SHAFTS UNDER AND BENEATH OR BEYOND THE
EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERA TE
THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUB SURFACE OF THE
LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN
CORPORATION, RECORDED .TUNE 30, 1992 AS INSTRUMENT NO.92-441126 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY
GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER
WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH
WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING,
APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS
RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN
CORPORATION, RECORDED JUNE 30, 1992 AS INSTRUMENT NO. 92-441126 OF
OFFICIAL RECORDS.
APN: 442-081-02
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2101 San Joaquin
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 21, PAGE 18 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ANY AND ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL
GAS RIGHTS AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE
FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND, TOGETHER WITH THE
PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND OPERA TING
THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE LAND OR
ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY
DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED HEREBY, OIL OR
GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUB SURF
ACE OF THE LAND, AND TO BOTTOM SUCH WHIPS TOCKED OR DIRECTIONALLY
DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND THE
EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN,
REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES; WITHOUT,
HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERA TE
THROUGH THE SURFACE OR THE UPPER Sao FEET OF THE SUB SURFACE OF THE
LAND, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN
CORPORATION, RECORDE❑ JUNE 30, 1992 AS INSTRUMENT NO. 92-441126 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY
GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER
WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AN❑
STORE THE SAME FROM THE LAN❑ OR TO DIVERT OR OTHERWISE UTILIZE SUCH
WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED BY
GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING,
APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED,
STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO
ENTER UPON T14E SURFACE OF THE LAND IN THE EXERCISE OF SUCH RIGHTS, AS
RESERVED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN
CORPORATION, RECORDED JUNE 30, 1992 AS INSTRUMENT NO.92-441126 OF
OFFICIAL RECORDS.
APN : 442-08 l -03
3-135
100 Newport Center ❑rive
THE LAND REFERRED TO HEREIN BELOW IS SITUATE❑ IN THE COUNTY ❑F
❑RANGE, STATE OF CALIFORNIAAN❑ IS DESCRIBED AS FOLLOWS:
PARCEL &
PARCEL 1, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILE❑ IN BOOK 76, PAGE 32 OF PARCEL MAPS,
fN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPTING
THEREFROM ALL BUILDINGS AND IMPROVEMENTS SITUATED THEREON AS
CONVEYE❑ BY GRANT DEED RECORDE❑ MARCH 25, 2016 AS INSTRUMENT NO,
2016000126026, OF OFFICIAL RECORDS, WHICH BUILDINGS AND
IMPROVEMENTS ARE AN❑ SHALL REMAIN REAL PROPERTY.
EXCEPTING THEREFROM ANY AN❑ ALL ❑IL, OIL RIGHTS, MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AN❑ OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN, GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY
OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LAND. TOGETHER
WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AN❑
OPERATING THEREFOR AN❑ STORING IN AND REMOVING THE SAME FROM THE
LAN❑ OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILLAN❑ MINE FROM LANDS OTHER THAN THOSE CONVEYE❑
HEREBY, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKE❑ OR ❑IRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF. AN❑ TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, ❑EEPEN AN❑ OPERATE ANY
SUCH WELLS OR MINES; WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE,
STORE, EXPLORE AND OPERATE THROUGH THE SURFACE ❑F THE UPPER 500
FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE ❑EED FROM
THE IRV;NE COMPANY, A MICHIGAN CORPORATION, RECORDE❑ MAY 27, 1992 AS
INSTRUMENT NO. 92-352375, OF OFFICIAL RECORDS.
ALS❑ EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY
GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER
WITH THE RIGHT AND POWER TO EXPLORE, ❑RILL, REDRILL, REMOVE AN❑
STORE THE SAME FROM THE LAN❑ OR TO DIVERT OR OTHERWISE UTILIZE SUCH
WATER RIGHTS OR INTERESTS ON ANY OTHER PROPERTY ❑WNE❑ OR LEASED
BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN,
OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE,
ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY
3-136
RIGHT TO ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH
RIGHTS, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY, A
MICHIGANCORPORATION, RECORDE❑ MAY 27, 1992 AS INSTRUMENT NO. 92-
352375. OF OFFICIAL RECORDS.
PARCEL B:
NONEXCLUSIVE EASEMENTS AS SET FORTH IN THAT CERTAIN INSTRUMENT
ENTITLE❑ "DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND
EASEMENTS" DATED NOVEMBER 18, 1991 AS INSTRUMENT NO. 91-627003. OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL C
NONEXCLUSIVE EASEMENT FOR PARKING AS SET FORTH IN THAT CERTAIN
INSTRUMENT ENTITLED "DECLARATION OF PARKING RIGHTS AN❑ GRANT OF
EASEMENT [CORPORATE PLAZA]", EXECUTE❑ BY THE IRVINE COMPANY, A
MICHIGAN CORPORATION, DATED MAY 20, 1992 AN❑ RECORDE❑ MAY 27, 1992 AS
INSTRUMENT NO. 92-352361, OF OFFICIAL RECORDS ❑F ORANGE COUNTY,
CALIFORNIA,
PARCEL D.
ALL BUILDINGS AND IMPROVEMENTS, AS CONVEYED BY GRANT ❑EED
RECORDE❑ MARCH 25, 2016 AS INSTRUMENT NO. 2016000126026, OF OFFICIAL
RECORDS, SITUATE❑ ON PARCEL l , IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILE❑ IN BOOK 76.
PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAI❑
COUNTY. WHICH BUILDINGS AN❑ IMPROVEMENTS ARE AN❑ SHALL REMAIN REAL
PROPERTY.
APN : 442-231-13
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190 Newport Center Drive
THE LAND REFERRED TO HEREIN BELOW IS SITUATE IN THE CITY OF NEWPORT
BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS
FOLLOWS:
PARCEL A:
PARCEL 9, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 37 OF PARCEL MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
PARCEL B-
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AND VEHICULAR
PARKING OVER PARCELAAND PARCEL B, AS SHOWN ON A MAP FILE❑ IN BOOK
52, PAGE 37 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ANY AND ALL OIL, OIL RIGHTS; MINERALS, MINERAL
RIGHTS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN. GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY
OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE LANG, TOGETHER
WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING AND
OPERATING THEREFOR AND STORING IN AND REMOVING THE SAME FROM THE
LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR
DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE CONVEYED
HEREBY, OIL OR GAS WELLS. TUNNELS AND SHAFTS INTO, THROUGH OR
ACROSS THE SUBSURFACE OF THE LAND, AND TO BOTTOM SUCH
WHIPSTOCKS❑ OR DIRECTIONALLY DRILLED WELLS. TUNNELS AND SHAFTS
UNDER AND BENEATH OR BEYOND THE EXTERIOR LIMITS THEREOF. AND TO
REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY
SUCH WELLS OR MINES: WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE,
STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500
FEET OF THE SUBSURFACE OF THE LAND, AS RESERVED IN THE DEED FROM
THE IRVINE COMPANY, A MICHIGAN CORPORATION, RECORDED APRIL 01. 1992.
ALSO EXCEPTING THEREFROM ANY AND ALL WATER, RIGHTS OR INTERESTS
THEREIN, NO MATTER HOWACQUIRE❑ BY GRANTOR, AND OWNED OR USED BY
GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE LAND, TOGETHER
WITH THE RIGHT AND POWER TO EXPLORE. DRILL; REDRILL, REMOVE AND
STORE THE SAME FROM THE LAND OR TO DIVERT OR OTHERWISE UTILIZE SUCH
WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY OWNED OR LEASED
BY GRANTOR, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN,
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OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE.
ADJUDICATED, STATUTORY OR CONTRACTUAL: BUT WITHOUT, HOWEVER, ANY
RIGHT T❑ ENTER UPON THE SURFACE OF THE LAND IN THE EXERCISE OF SUCH
RIGHTS, AS RESERVED IN THE DEED FROM THE IRVINE COMPANY. A MICHIGAN
CORPORATION, RECORDED APRIL 01. 1992.
APN: 442-231-09
3-139
Exhibit C:
SITE MAP OF ADDED PROPERTY
3-140
Exhibit C
411412025
Scale in feet
° 3-41
Exhibit D:
2025 AFFORDABLE HOUSING IMPLEMENTATION PLAN
3-142
NORTH NEWPORT CENTER
PLANNED COMMUNITY
AFFORDABLE HOUSING
IMPLEMENTATION PLAN
Prepared For:
The City of Newport Beach
April 2025
3-143
Contents
I. Introduction...................................................................................................................................1
Background.......................................................................................................... ........ --- .......... I
II. AtTordable Housing Plan...............................................................................................................3
ProposedPlan................................................................................................................................ 3
Number of Affordable L1nits,1income Levels........................................................................................................ 3
Implementation......................................................................................................................................................... 4
Conclusion....................................................................................................................................................... ........4
III. Consistency with Housing Element.............................................................................................. ............. 5
IV. Amendments to the AMP....................................................................................................................................... 5
V. Authority. .......... ....................... .............. ....... ...... ...... ......................................... ...................... 5
Figures
Exhibit l - North Newport Center Planned Community .......................... .......2
North Newport Center Planned Community
Affordable Housing Implementation Plan
n
3-144
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 Mi.l-H3, a
designation that allows for a mixed -use area combining commercial, office, entertainment, and
residential uses. A total of 1,500 residential units may be developed on the Housing Opportunity Sites
as identified in 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 81 % and 120% of the County median household income. Low-income households are those
with annual incomes between 51 % and 80% of the County median household income. Very -low
income households are those with annual incomes between 31% and 50% of the County median
household income. Extremely low-income households are those with annual incomes of 30% or less
of the County median household income. While the Housing Element does not require an AHIP, this
document has been prepared to outline how the development will meet the City's affordable housing
goal.
The Southern California Association of Governments (SCAG) prepares the state -mandated 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
SLAG RHNA identifies the City allocation as follows:
• Total allocation between 10/15/2021 and 101 i 512029 - 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
3-145
4°
North Newport Center
Planned Community
Exhibit 1 - North Newport Center Planned Community
North Newport Center Planned Community
Affordable Flousing Implementation Plan
2
3-146
II. Affordable Housing Plan
Proposed Plan
This Affordable Housing Implementation Plan includes the following pi an
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 shal I
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 (lie 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 ILA above, or
dedication of property as described in Section 1I.13 above, is not possible, Irvine Company shall pay
the City an affordable mousing in -lieu fee of $36,690 per market -rate unit constructed. If the City
determines that the conditions in Sections ILA 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
3-147
affordable units. If affordable units are provided for laird is dedicated that will accommodate more
affordable housing units) 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 ANIP 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
Affordable Housing Implementation Plan
R �:
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 identities 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 93 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 lox-. 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 Citv 'x housing stock for extremely low-, veil, low-, low and
moderate -income households.
Housing Policy 5.1 Continue or undertake the./ollowing programs to mitigate potential loss of "at risk"
units due to conversion to market -rate writs. These efforts utilize existing City and
local resources. Thev include efforts to secure additional resourcer_Irom public and
private secto►:s .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 }rousing Implementation Plan
3-149
Exhibit E:
MASTER LANDSCAPE PLAN AREA
3-150
PROPOSED STR E ETSCAPE AND ENTRY LANDSCAPE
A
-YQ rA4l rrr 4. wAa p m- 1
IMPROVEMENT
I
AREAS
PUBLIC RIGHT ❑F WAY
❑p PARKWAYS
EM EXISTING MEDIANS
!VM NEW MEDIANS
❑C RING ROAD INTERSECTIONS
PRIVATE PROPERTY
Et ENTRY CORNERS
3-151
Exhibit "D"
Housing Implementation Program EIR (PA2022-0245)
File available via link due to size at:
htt l)s: //www. n ewpo rt bea ch ca . gov/q o ve rn me n t/d epa rtme nts/co m m u n ity-
developmentlplanning-divisionlproiects-envi ron menta 1-document-down load-
page/environmental-document-download-page
3-152
Exhibit "E"
CEQA Consistency Analysis
File available via link due to size at:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=3116123&dbid=O&repo=CNB
3-153
dos .Angeles Time's
lE DI.
G R O U P
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined
With Daily Pilot, which was adjudged a newspaper of general
circulation on June 19, 1952, Cases A24831 for the City of Newport
Beach, County of Orange, and State of California. Attached to this
Affidavit is a true and complete copy as was printed and published on
the following date(s):
Jun 28, 2025
I certify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at Fountain Valley, California on this 1st day of July, 2025.
6�, C-dd
[sig ature]
10540 Talbert Avenue
Fountain Valley, CA 92708
8003701 - Newport Harbor News Press Combined With Daily Pilot
Page 1 of 2
dos .Angeles Time's
lE DI.
Sold Tn-
G R O U P
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
Bill To:
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
CITY OF NEWPORT BEACH
PUBLIC NOTICE
ORDINANCE SUMMARY
NOTICE IS HEREBY GIVEN that on June 24, 2025,
the City Council of the City of Newport Beach,
Califomia, introduced an Ordinance entitled:
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 IPC-56I TO ALLOCATE
1,500 BASE DWELLING UNITS FROM THE HO-4
1NEWPORT CENTER AREAL SUBAREA
DEVELOPMENT LIMITS SET FORTH IN SECTION
20.28.050 (HOUSING OPPORTUNITY IHO)
OVERLAY ZONING DISTRICTS) OF THE
NEWPORT BEACH MUNICIPAL CODE TO THE
NORTH NEWPORT CENTER PLANNED
COMMUNITY IPC-561 DEVELOPMENT PLAN FOR
100 AND 190 NEWPORT CENTER DRIVE AND
VARIOUS ADDRESSES WITHIN THE NORTH
NEWPORT CENTER PLANNED COMMUNITY
I P A2024-0173)
The Ordinance would allocate 1,500 dwelling
units to the PC-56 Development Plan from the
development limit identified In the HOA (Newport
Center) Subarea of the Housing Opport-unity (HO)
Overlay Zoning Districts pursuant to Newport
Reach Municlpal Code fNBMCI Section 20.2,B050
(Housing Opportunity (HO) Overlay Zoning
Districts). The Ordinance would also increase
building height limits for Fashion Wand, Block 100,
and San Joaquin Plaza, modify streamlining
provisions, modify open space requirements,
incorporate additionaI objective design standards,
modify parking standards for residential, update
sign standards, and include other minor text
changes. Lastly, the amendments would change
the zoning of 100 and 190 Newport Center Drive
from OR (Office -Regional) to PC-56-
This Ordinance was adopted by the City Council
of the City of Newport Beach, California, at a
regular meeting thereof on the 24th day of June,
2025, by the following vote:
AYES- Mayor Joe Stapleton, Mayor Pro Tern
Lauren Kleiman, Counciimember
Michelle Barto, Councilmember Noah
Blom, Councllmember Robyn Grant,
Councitmember Sara J. Weber,
Cound[member Erik Weigand
NAYS: None
The Ordinance shall become final and effective 30
days after adoption.
Publication Date: June 28, 2025
Isl Molly Perry, Interim City Clerk,
City of Newport Beach
8003701 - Newport Harbor News Press Combined With Daily Pilot
Page 2 of 2
dos .Angeles Time's
lE DI.
G R O U P
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined
With Daily Pilot, which was adjudged a newspaper of general
circulation on June 19, 1952, Cases A24831 for the City of Newport
Beach, County of Orange, and State of California. Attached to this
Affidavit is a true and complete copy as was printed and published on
the following date(s):
Jun 28, 2025
I certify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at Fountain Valley, California on this 1st day of July, 2025.
lrt/ �dd
[si nature]
10540 Talbert Avenue
Fountain Valley, CA 92708
8003700 - Newport Harbor News Press Combined With Daily Pilot
Page 1 of 2
dos .Angeles Time's
lE DI.
Sold To-
G R O U P
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
Bill To:
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
CITY OF NEW PORT BEACH
PUBLIC NOTICE
ORDINANCE SUMMARY
NOTICE IS HEREBY GIVEN that on June 24, 2025,
the City Council of the City of Newport Beach,
California, adopted an Ordinance entitled:
ORDINANCE 40.2025-0
AN ORDINANCE Of THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
APPROVING A SECOND AMENDMENT TO
DEVELOPMMENT 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 I PA2024- 0171)
The Ordinance would approve a Development
Agreement Amendment between the City of
Newport Beach and she Applicant to west 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 heap ensure
there is a commitment to furthefing affordable
housing pmduction.
This Ordinance wasadopt,ed by the CityCouncii
of the City of Newport Beach, California, at a
regular meeting thereof on the lath day of June,
2025, by the followi.ng vote;
AYES- Mayor )M Stapleton, Mayer Pro Tim
Lauren Kleiman, Councilmernber
Michelle Barto, Councilrnember Noah
Blom, Councilmernber Robyn Grant.
Councilmernber Sara J. Weber,
Counci I member Erik Weigand
NAYS! None
The Ordinance sha€1 become final and effective BO
days after adoption.
Publication Date: June 28, 2025
is/ Molly Perry. Interirn City Clerk,
City of Newport Bear
8003700 - Newport Harbor News Press Combined With Daily Pilot
Page 2 of 2