HomeMy WebLinkAbout85-24 - Approving a Development Agreement Between the City of Newport Beach and J.M. Peters Company Regarding the Bayview Parcel• ORDINANCE NO. 85 -24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND J.M. PETERS COMPANY REGARDING THE BAYVIEW
PARCEL
The City Council of the City of Newport Beach does
ordain as follows:
SECTION 1: The City Council pursuant to the provisions
of Chapter 15.45 of the Newport Beach Municipal Code, has
reviewed and considered a proposed Preannexation /Development
Agreement relative to parcel located at the southwesterly corner
The City Council finds that the terms and conditions of
the Development Agreement are consistent with plans and policies
of the City of Newport Beach that it is in the best interest of
the City of Newport Beach to approve the Agreement.
SECTION 2: City Council hereby approves the
Preannexation /Development Agreement, attached as Exhibit "A" and
directs the City Clerk to record the document within ten days
after the Agreement has been signed by all parties.
of Bristol Street South and
Jamboree
and commonly known as the
•
Bayview Parcel. A copy
of the
Preannexation /Development
Agreement is attached hereto
as Exhibit
"A."
The City Council finds that the terms and conditions of
the Development Agreement are consistent with plans and policies
of the City of Newport Beach that it is in the best interest of
the City of Newport Beach to approve the Agreement.
SECTION 2: City Council hereby approves the
Preannexation /Development Agreement, attached as Exhibit "A" and
directs the City Clerk to record the document within ten days
after the Agreement has been signed by all parties.
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SECTION 3: This ordinance shall become
effective within
•
thirty
(30) days from date
be
of adoption and should
published at
least
once in the official newspaper of the City
of Newport Beach
within
fifteen (15) days after its adoption, this
ordinance shall
not be
codified.
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C
C
SECTION 4: This ordinance shall take effect thirty (30)
days from and after the date of its adoption.
This Ordinance was introduced at a regular meeting of
the City Council of the City of Newport Beach held on the 26th day
of
August
,
1985,
and was adopted on the 23rd day
of
September
, 1985
by the
following vote:
ATTEST
/��c f Aoardrz
C,it"y Clerk fr
AYES, COUNCILMEMBERS _Agee, Cox, Hart,
Heather. Maurer. Plummer
NOES, COUNCILMEMBERS Strauss
ABSENT COUNCILMEMBERS
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
•
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
I'M X117AN
BETWEEN
H. NEWPORT
1
Ma
•
TABLE OF CONTENTS
•
Page
Recitals....................
2
...............................
Agreements................. ...............................
4
1.
Binding Effect of Agreement
4
.......................
2.
Relationship of the Parties .......................
4
3.
Annexation
5
......... ...............................
4.
Non - Discretionary Approvals .......................
5
5.
Land Use Entitlement ..............................
6
6.
Obligation to Implement Development Plan..........
6
7.
Tract Nos. 12212 and 12362 ........................
7
8.
Prezoning ..........
7
...............................
9.
California Environmental Quality Act ..............
8
10.
Development Fees
8
... ...............................
11.
Access, Egress and Circulation for Subject
Property........... ...............................
10
a. Offsite Traffic Improvements .................
10
b. Onsite Traffic Improvements ..................
11
12.
Water Service ...... ...............................
11
13.
Sewer Service
12
•
14.
Drainage ..
12
••••• . ..........................................
..........................
15.
Public Agency Coordination ........................
12
16.
Park Dedication .... ...............................
12
17.
Affordable Housing
13
. ...............................
18.
Parking ...........................................
13
19.
Taxes and Assessments
13
.............................
20.
Governing Rules, Regulations and Policies.........
14
21.
Development Approval Process ......................
15
22.
Term ............... ...............................
15
23.
Periodic Review of Compliance .....................
16
24.
Amendment or Cancellation .........................
16
25.
Enforcement ........ ...............................
16
•
26.
Notices ............ ...............................
17
27.
Attorneys' Fees and Expenses ......................
18
28.
Specific Performance and Remedy ...................
18
29.
Entire Agreement ... ...............................
19
30.
Severability ....... ...............................
19
31.
Counterparts ....... ...............................
19
32.
Protection for Mortgage Holders ...................
19
33.
Subsequent Amendment to the Authorizing
Statute ............ ...............................
20
34.
Assignment ......... ...............................
20
35.
Interpretation ..... ...............................
20
36.
Not for Benefit of Third Parties ..................
21
37.
Section Headings ... ...............................
21
38.
Compliance with California Government
Code Section 65869 . ...............................
21
Signatures
.................. ...............................
22
Notary
Acknowledgements ..... ...............................
23
Exhibit
"A" - Legal Description ............................
24
•
Exhibit
"B" - Development Plan .............................
25
Exhibit
"C" - Tentative Tract Maps and Conditions
Nos. 12212 and 12362 .........................
26
Exhibit
"D" - Parking Plan .. ...............................
27
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
• City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
TION AND DEVELOPMENT
THE CITY OF NEWPORT BEACH
AND
BAYVIEW I, A JOINT VENTURE COMPOSED OF J.M. PETERS
COMPANY, INC., A CALIFORNIA CORPORATION AND DSL
SERVICE COMPANY, A CALIFORNIA CORPORATION
THIS AGREEMENT is entered into this day
of , 1985, between the City of Newport Beach, a
chartered California municipal corporation ( "City "), and Bayview
I, a Joint Venture composed of J.M. Peters Company, Inc., a
California Corporation, and DSL Service Company, a California
Corporation ( "Property Owner ").
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Recitals
• A. Property Owner desires to annex to City and develop a
portion of a certain parcel of real property known as the
"Bayview Project" consisting of sixty -four (64) acres,
approximately three (3) acres of which are presently located in
the City, two (2) acres of which are to be dedicated to the City
for park purposes, thirteen (13) acres of which have been
dedicated to the County for open space purposes and the remaining
acres are located in the unincorporated area of Orange County
( "County ") adjacent to the northerly boundaries of City, as more
particularly described in the attached legal description marked
Exhibit "A" and made a part herein by this reference.
B. To strengthen the public planning process, encourage
private participation in comprehensive planning and reduce the
public and private economic risks of development, the Legislature
of the State of California adopted Sections 65864 et se g. of the
Government Code, which authorizes the City and an owner of real
property to enter into a Development Agreement, establishing
certain standards and criteria for development of such property.
C. The City has adopted rules and regulations establishing
• procedures and requirements for consideration of development
agreements contained in Chapter 15.45 of the Newport Beach
Municipal Code.
D. Property Owner has previously requested from the County
of Orange, and the California Coastal Commission and received,
all discretionary approvals necessary to the development and
construction of the Project contemplated by this Agreement,
including a General Plan Amendment, Community Profile, Zone
Change, Site Plan Review and Tentative Tract Map Nos. 12212 and
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12362 and a Coastal Development Permit. In the absence of the
contemplated annexation. Property Owner will proceed to develop
• the Project under County auspices.
E. Property Owner has agreed to consent to the annexation
of the Bayview Project by City subject to certain conditions.
These conditions include a desire to retain substantially all
development rights previously approved by the County and Coastal
Commission, a desire to limit the amount of any additional fees
that may be required as conditions to the development, and a
desire that the implementation of the development plan for the
Bayview Project not be unduly delayed by annexation or
preliminary land use approvals.
F. This Development Agreement and the Development Plan are
consistent with previous approvals granted by the County of
Orange and provide a comprehensive land use plan, detailed
regulations, conditions and programs for development of the
Bayview Project for the phasing of development therein with
complete utility, public street and storm drain and all other
necessary infrastructure and public facilities for such
development. The Development Plan further provides for
commercial retail, office, hotel, restaurant and residential land
. uses.
G. Implementation of the Development Plan will result in
the creation of a physical, social and fiscal environment which
will conform to and complement the goals of City, facilitate
efficient traffic circulation, promote business operations,
create working, residential, and recreational environments
sensitive to human needs and values, and protect adjacent land
uses and natural resources from adverse impacts, consistent with
the policies and elements of the City General Plan.
H. City has certain additional legal powers which it may
use to support this Preannexation and Development Agreement under
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the legal principles articulated in such cases as Morrison Homes
Corporation v. City of Pleasanton (1976) 58 Cal.App.3d 724, and
Carruth v. City of Madera (1965) 233 Ca1.App.3d 688.
I. In order to avoid any misunderstandings or disputes
which may arise from time to time between the Property Owner and
the City concerning the proposed development of the Bayview
Project, and to assure each party of the intention of the other
as to the processing of any land entitlement which now or
hereafter may be required for such development, and in order to
avoid any misunderstandings or disputes relating to the
annexation and attendant development matters, the parties believe
it is desirable to set forth their intention and understanding in
this Agreement. Further, this Agreement shall be used as the
basis for the decision of the City Council of the City to approve
the annexation of the Bayview Project and the decision of the
Property Owner to consent to such annexation.
Agreements
NOW, THEREFORE, the parties agree:
1. Binding Effect of Agreement. All of that real property
• described in Exhibit "A" which constitutes the Bayview Project
shall be subject to this Agreement. The burdens of this
Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest of the
parties to this Agreement, and shall constitute covenants which
shall run with the Bayview Project described in Exhibit "A;" and
in order to give notice thereof, this Agreement shall be recorded
by the City Clerk within ten (10) days following execution by all
parties.
2. Relationship of the Parties. It is specifically
understood and acknowledged that the Development Plan for the
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Bayview Project as provided in this Agreement is a private
project and that the relationship between City and Property Owner
• is such that the Property Owner is an independent contractor and
not an agent of City.
3. Annexation. Property Owner has initiated proceedings
for the annexation of that portion of the Bayview Project located
in the unincorporated territory of the County to the City as an
uninhabited annexation. The Property Owner agrees to pay for all
costs relating to the annexation, including all necessary
engineering, planning, environmental and sphere of influence
studies.
City shall give all necessary approvals, written
consents or resolution(s) of support including agreement on
property tax allocation and any other requested assistance to
accomplish such annexation, and specifically agrees not to
protest such annexation before the Orange County Local Agency
Formation Commission ( "LAFCO").
Each party hereto also will support and cooperate with
the other in any manner reasonably required to ensure completion
of such annexation in a timely manner.
4. Non - Discretionary Approvals. The City, after execution
of the Agreement, shall issue any required encroachment permits
for vehicular access to Jamboree Road and grant other permits or
approvals as may be necessary to allow the Property Owner to
proceed with development of the Bayview Project site. The
encroachment permits shall be issued in two phases. The Phase I
permit shall permit Property Owner access to the Bayview Project
site for grading and construction purposes and shall be issued at
the time of issuance of a grading permit. The Phase I permit
will contain standard conditions imposed by the City Public Works
Director which, in the opinion of the Public Works Director are
necessary to protect the health, safety and welfare of persons
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using the roadway and will expressly provide that the issuance
thereof creates no vested rights in favor of Property Owner for
• development of the Bayview Project or any claim of estoppel
against City should the Phase I permit be revoked.
The Phase II permit will be issued at the time of
recordation of the first Tract Map for the Bayview Project and
will allow vehicular access to the Bayview Project upon condition
that Property Owner shall pay the Development Fees in the amount
and manner provided in this Agreement and make the improvements
required by this Agreement.
It is the intent of the Property Owner to rough grade
the site under a County grading permit. Final grading shall
occur under the direction of either the County, if done prior to
annexation, or under the direction of City, if done after the
annexation. Plans for infrastructure improvements shall be
processed concurrently with the County and City.
5. Land Use Entitlement. The General Plan, zoning and all
subsequent land use entitlement processes of City, including, but
not limited to, use permits, variances, site plan reviews and
subdivision maps, shall permit the following uses and at the
specified levels of development: (a) 233 residential dwelling
• units; (b) 660,000 square feet of office development; (c) 300
room hotel and ancillary uses; (d) either 8,000 square feet
restaurant, or 70,000 square feet of office space; and (e) 27,500
square feet for retail uses. This development shall be subject
to the criteria and standards shown on the Development Plan set
forth in Exhibit "B" to this Agreement. Property Owner shall
have a vested right under this Agreement to develop the Bayview
Project in accordance with the Development Plan.
6. Obligation to Implement Development Plan. Property
Owner shall proceed in good faith and in a reasonable and
diligent manner in accordance with sound business judgment to
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implement the provisions of the Development Plan in accordance
with its terms and conditions and the provisions of this
• Agreement. So long as Property Owner adheres to the approved
Development Plan and the terms of this Agreement, Property Owner
shall have a vested right to develop the Bayview Project pursuant
to the Development Plan and the terms of this Agreement.
7. Tract Nos. 12212 and 12362. Upon execution of this
Agreement, Property Owner will file the Final Maps for Tract Nos.
12212 and 12362 with the City. The City and Property Owner agree
that the land use, ownership, maintenance responsibility and
improvements as set forth in Tentative Maps of Tract Nos. 12212
and 12362 and conditions of approval thereto shall be as provided
on Exhibit "C" attached hereto and made a part herein by this
reference except that City reserves the right to make mutually
agreeable minor modifications in order to comply with City's
subdivision improvement standards. The City and Property Owner
agree that "Offtract Lots A and B" as shown on Exhibit "C" will
be recorded on the Final Map of Tract 12212 as provided above.
The City shall make such findings as may be deemed necessary to
find "substantial conformance" with the Tentative Maps and the
City shall approve the Final Maps subject only to the conditions
• set forth in Exhibit "C."
8. Prezoning. Upon execution of this Agreement, City shall
commence proceedings to prezone the Bayview Project described in
Exhibit "A" and amend its General Plan, which General Plan
Amendment and zoning shall be fully consistent with the
Development Plan contained in Exhibit "B" and the Tentative Maps
as set forth in Exhibit "C." The method of accomplishing the
prezoning shall be according to the procedures for zoning
property within the City and pursuant to Section 65859 of the
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California Government Code. Such zoning shall become effective
at the same time that the annexation of the Bayview Project
• becomes effective as provided in this Agreement.
9. California Environmental Quality Act. City and Property
Owner acknowledge that a Final Environmental Impact Report
( "EIR ") as required by the California Environmental Quality Act
for the General Plan Amendment, Community Profile Amendment, Zone
Change, Site Plan, and Map approvals for the Bayview Project has
been certified by the County. The City and Property Owner agree
that said EIR is adequate for approval by the City of the
prezoning and General Plan Amendment required by this Agreement
and for processing the annexation of the Bayview Project with
LAFCO. Further, City and Property Owner agree that the EIR shall
be used for any proceedings required to carry out the Development
Plan as provided in the terms and conditions of this Agreement.
10. Development Fees.
The Property Owner shall pay the following fees:
A. The fees required by any City ordinance adopted as
part of the program to construct the San Joaquin Hills
Transportation Corridor unless Property Owner enters into an
• Agreement to pay San Joaquin Hills Corridor Transportation fees
to County. The fees shall be paid upon issuance of building
permits, or at such other time as the ordinance may prescribe;
B. Fair Share Traffic Contribution Fees as required by
Chapter 15.38 of the Newport Beach Municipal Code. The parties
stipulate and agree that the fair share traffic contribution for
the development authorized in this Agreement is the sum of
$1,348,069.49. Property Owner shall be given credit against the
fair share traffic contribution for certain roadway improvements,
as follows:
(1) Widening East Side of Jamboree. Property
Owner agrees to widen east side of Jamboree Road across from and
me
between Bristol Street and the southerly boundary of the Bayview
Project. The widening shall consist of an additional seven (7)
• feet of travel lane, new curb and gutter and shall otherwise
comply with the plans and specifications approved by the Public
Works Director of City. Construction of the widening shall be
completed prior to the issuance of certificates of occupancy for
the hotel or any of the office space within the Bayview
Project. City may require the Property Owner to restripe
Jamboree Road to allow four (4) northbound lanes in the vicinity
of the Bayview Project prior to the date on which construction of
the widening is required. The estimated cost of this improvement
and the credit against fair share is Two Hundred Forty Thousand
Dollars ($240,000.00).
(2) Widening the West Side of Jamboree. Property
Owner shall be given credit for widening the westerly side of
Jamboree Road between Bristol Street South and a point southerly
of the proposed intersection of Bayview Drive and Jamboree,
northerly of the San Diego Creek Bridge, as determined by the
Public Works Director. The widening shall consist of an
additional seven (7) feet of travel lane, new curbs and gutters
and shall otherwise comply with the plans and specifications
• approved by the Public Works Director of the City of Newport
Beach. This improvement shall include signalization of the
proposed Jamboree - Bayview Drive intersection, with the
signalization to comply with plans and specifications approved by
the Public Works Director. That portion of the estimated cost of
this improvement to be applied against the fair share
contribution requirement is $240,000.00.
(3) Intersection Improvements - Jamboree Road at San
Joaquin Hills Road. Property Owner shall make intersection
improvements at the southwest corner of Jamboree Road and San
Joaquin Hills Road as set forth in the plans and specifications
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to be approved by the Public Works Department. The estimated
cost of this improvement and the credit against the fair share
• fees is Forty Thousand Dollars ($40,000.00).
(4) The balance of the fair share fees in the
amount of $828,069.49 shall be paid by Property Owner to City at
the time of issuance of building permits for any phase of
development of the Bayview Project.
(5) The City shall give priority in using the fair
share fees paid by Property Owner pursuant to this Agreement to
make roadway inmprovements in the general vicinity of the
project. The roadway improvement(s) shall be considered to be in
the general vicinity of the project if the improvements are made
within the current unincorporated territory westerly of the
Bayview Project (Santa Ana Heights) and /or within the study area
evaluated by the County Land Use Compatibility Plan approved by
the Orange County Board of Supervisors on March 6, 1985, or are
in an area which carries appreciable traffic volumes generated by
the Bayview Project.
C. Property Development Tax. Development of the
Bayview Project will be subject to the Property Development Tax
required by Chapter 3.12 of the Newport Beach Municipal Code.
• D. Property Owner shall pay only the fees and make
only the off -site roadway improvements as provided in this
Agreement. City shall impose no additional or future traffic
mitigation or development fees on the Bayview Project unless and
until further discretionary approvals are required for the
Bayview Project.
11. Access, Egress and Circulation for Subject Property.
a. Offsite Traffic Improvements. The City and County
agree that all offsite traffic improvements required by this
Agreement or the Development Plan are set forth in the
Development Fees paragraph contained in this Agreement and other
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adjacent roadway improvements required as conditions of approval
of Tract No. 12212 and Tract No. 12362, and are limited to the
• construction of the Bristol frontage improvements, the Jamboree
Road widening as specified in Paragraph 10, the Bristol - Bayview
Place traffic signal, the Jamboree - Bayview Way traffic signal,
and the road widening southwesterly of Jamboree and San Joaquin
Hills Road.
b. Onsite Traffic Improvements. Property Owner will
finance and construct all onsite roadway improvements as
indicated in the Development Plan. City agrees to cooperate with
Property Owner and the County to timely process and approve the
construction of access facilities in accordance with the design
concept shown in the Development Plan. Any portion of said
public roadway improvements and facilities constructed within the
City when inspected and approved by the City Engineer of City as
being in substantial conformity with the approved plans shall be
dedicated to and accepted by City and incorporated into its
public road, drainage, utility and other infrastructure systems.
The City and Property Owner acknowledge that
Property Owner has offered for dedication adequate rights -of -way
for all proposed on site and abutting roads and for all arterial
• highways identified in the City Circulation Element /Master Plan
of Arterial Highways as set forth on Exhibit "C." Property Owner
agrees not to object to the construction of a secondary access
road located within the open space area dedicated to County
connecting to Mesa Drive. Said secondary access road shall be
used for emergency purposes and it is agreed that Property Owner
shall have no obligation to pay for any costs associated with
right -of -way acquisition or roadway construction costs relating
to said secondary access road.
12. Water Service. Property Owner shall pay no City water
acreage fees for water service if the Bayview Project connects to
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and is served by the Irvine Ranch Water District ("IRWD "). The
Property Owner may, at its discretion, desire to connect the
• Bayview Project to the City system for water service. Water
connection and service fees and any necessary water connection
improvements would in such case be paid by the Property Owner.
13. Sewer Service. Wastewater treatment and disposal shall
be provided to the Bayview Project by IRWD. City will, if
legally permissible, require the owner of the North Ford planned
community project to construct all required sewer facilities
within the North Ford planned community project at the boundary
of the North Ford planned community adjacent to Jamboree Road.
14. Drainage. Property Owner is constructing, without cost
to City or any other property owner, all onsite surface drainage
facilities and all storm drain facilities extending a
satisfactory point of disposal for proper control of runoff.
Therefore, no other drainage structure or fees will be required
to be built or paid by Property Owner as a condition of
development of the Bayview Project, except any additional
improvements which may be necessary for interim protection of the
portions of Bayview Project then being developed, prior to
construction of the ultimate drainage improvements hereunder.
• 15. Public Agency Coordination. City shall use its best
efforts to assist Property Owner in coordinating the
implementation of the Development Plan hereunder with any other
public agencies having jurisdiction, including, but not limited
to, the dedication of drainage easements and any extension
thereof currently under construction or required in the future on
the Bayview Project by the Orange County Flood Control District
provided said construction complies with all governmental
restrictions relating thereto.
16. Park Dedication. Property Owner will offer for
dedication on two (2) acre improved park site to City to be used
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as an unlighted passive park. Park improvements shall be
approved by the Parks, Beaches and Recreation Director. No
• additional in lieu fees and /or park land dedication shall be
required of the Property Owner by City to develop the Bayview
Project in accordance with the Development Plan.
17. Affordable Housing. The City and Property Owner agree
that all requirements of the City relating to the provision of
affordable housing have been met by the purchase of thirty -five
(35) affordable housing unit credits. No additional affordable
housing shall be required by the City for the Bayview Project.
18. Parking. The City and Property Owner agree that parking
for the Bayview Project commercial office, retail, restaurant,
and hotel development can best be provided in a joint -use
facility. A Parking Plan for the Development Plan was prepared
and is attached as Exhibit "D" and made a part herein by this
reference. Parking stall dimensions and aisle widths shall be
permitted based on City standards. Twenty -five percent (25 %)
compact parking stalls shall be authorized by this Agreement. No
additional parking shall be required for the Development Plan
other than as provided in the Parking Plan and described on Table
2 of said Plan as modified by the City standards as herein
• provided.
19. Taxes and Assessments. City shall not impose any tax or
assessment on the Bayview Project or any portion thereof, or
impose any fees as a condition to the implementation of the
Bayview Project Development Plan or any portion thereof, except
such taxes, assessments and fees as may exist as of the date of
this Agreement, unless such new taxes, assessments and fees are
also imposed on all other land within the jurisdiction of the
City and the impact of such taxes, assessments or fees does not
fall disproportionately upon the Bayview Project.
Notwithstanding the provisions of this section, City may impose
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new taxes or assessments under an assessment or community
facilities district or other proceeding in accordance with the
• statutes authorizing said taxes or assessments.
20. Governing Rules, Regulations and Policies. Unless
specifically set forth in the Bayview Project Development Plan,
the ordinances, rules, regulations, and policies of City,
including, but not limited to, those governing permitted uses of
the property density, intensity of use, maximum height and size
of buildings, reservations or dedication of land for public
purposes, design and improvements, construction standards and
specifications, construction, installation and extension of
public improvements, and other terms and conditions of
development applicable to the Development Plan shall be those in
force at the time of execution of this Agreement. In the event
of a conflict between the provisions of this Agreement and any
other ordinance, rule, regulation or policy of City now in
existence, the provision of the Agreement shall control. City,
however, may apply new rules, regulations, and policies not
applicable at the time of execution of this Agreement and which
do not frustrate the purposes of this Agreement.
The substantive development standards set forth in the
• Development Plan shall be the standards that govern all future
discretionary actions of the City regarding the Development
Plan. This Agreement shall not be construed to be a limitation
upon the City's police power authority to make applicable to the
property those future health and safety regulations that become
applicable to the City as a whole.
In addition, the City and the Property Owner agree that
the Development Plan will be subject to the utility rules, rates
or regulations, or any other applicable building, mechanical,
electrical, plumbing, fire and similar codes in effect on the
date of Agreement executed and as thereafter may be amended.
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21. Development Approval Process. General Plan, zoning,
Development Agreement and other necessary City development
• approval processes to implement the provisions of this Agreement
shall be conducted concurrently, to the maximum extent permitted
by law. Such general plan, zoning and development agreement
processes shall be completed and effective concurrently with or
prior to the filing of the certificate of completion of the
annexation of the Bayview Project to the City.
22. Term.
a. The term of this Preannexation and Development
Agreement shall commence on the effective date of the adopting
ordinance approving this Agreement and shall extend for a period
of ten (10) years thereafter, unless said term is terminated,
modified or extended by circumstances set forth in this Agreement
or by mutual consent of the parties hereto.
b. This Agreement may be terminated by Property Owner
and thereafter be of no force and effect if the annexation of the
Bayview Project is not approved by the appropriate public
agencies having jurisdiction over said annexation.
C. Following the expiration of said ten (10) year
term, this Agreement shall be deemed terminated and of no further
• force and effect; provided, however, expiration of this Agreement
shall not modify, limit, alter, reduce, abrogate, terminate or
adversely affect any right or duty of the parties hereto
resulting from or arising out of any City approvals or
entitlements on the Bayview Project issued concurrently or
subsequently to the approval of this Agreement, nor shall said
expiration affect in any manner the covenants contained herein
relating to Property Owner's and City's enforcement rights of
approved development plans and ordinance violations.
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23. Periodic Review of Compliance. The City Manager of City
shall review this Agreement at least once each calendar year
• after the date of execution. During each such periodic review,
Property Owner is required to demonstrate good faith compliance
with the terms of this Agreement and diligent pursuit of
implementation thereof. If, as a result of such periodic review,
the City Manager finds and determines, on the basis of
substantial evidence, that Property Owner has not complied in
good faith with the terms and conditions of this Agreement, the
City may terminate the Agreement.
24. Amendment or Cancellation. This Agreement may be
amended or cancelled in whole or in part only by mutual consent
of the parties and in the manner provided in the California
Government Code.
a. Any amendment to this Agreement which does not
relate to the term, permitted uses, density or intensity of use,
height or size of buildings, provisions for reservation of land,
conditions, terms, restrictions and requirements relating to
subsequent discretionary actions, or any conditions or covenants
relating to the use of the property shall not require a public
hearing before the parties may execute an amendment hereto; and
• b. Any nonsubstantial deviations from the approved
Development Plan, as determined by the Planning Director and
Public Works Director, with respect to the location of buildings,
streets, and other physical facilities do not require an
amendment to this Agreement.
25. Enforcement. Unless amended or cancelled as provided in
the preceding paragraph, this Agreement shall be enforceable by
any party to it, notwithstanding a change in the General Plan,
planned development, or zoning, subdivision, building or other
regulations adopted by City which alter or amend the rules,
regulations or policies applicable to the Development Plan
-16-
hereunder. If, as a result of the laws, regulations or actions
of federal, state or other local agencies, compliance with the
• Agreement is prevented or precluded, the provisions of this
Agreement may be modified or suspended so as to comply with such
laws, regulations or actions. If, however, such modification or
suspension substantially deprives either of the parties of the
bargained -for benefits of this Agreement, such party may,
notwithstanding any other provision hereof, terminate this
Agreement and be entitled to a refund of that portion of any
property or easements heretofore dedicated to the City pursuant
to the requirements of this Agreement which fees or dedications
are attributable to the remaining undeveloped portion of the
property.
26. Notices. Any notice of instrument require
or delivered to either party to this Agreement may
delivered by depositing the same in the United
certified mail, postage prepaid, addressed to:
•
City of Newport Beach
Attention: City Clerk
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92658 -8915
cc: City Manager
d to be given
be given or
States mail,
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92658 -8915
cc: City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92658 -8915
J.M. Peters Company
Attention: J.M. Peters
1601 Dove Street
Newport Beach, CA 92660
-17-
CC: Kent Snyder, Attorney at Law
•
2212 Dupont Drive
Irvine, CA 92715
Notice of a change of address shall be delivered in the same
manner as any other notice provided herein, and shall be
effective three days after mailing the above - described procedure.
27. Attorneys' Fees and Expenses. In the event that any
party hereto brings any action, suit, arbitration or other
proceeding against any other party hereto arising out of or
relating to the subject matter of this Agreement, its validity or
any of the terms or provisions thereof, then the prevailing party
in such action, suit, arbitration or other proceeding shall
recover from the other party its reasonable attorneys' fees and
costs incurred in connection therewith. Said attorneys' fees
shall include such fees for prosecuting or defending any appeal
and shall be recoverable and shall be awarded for any
supplemental proceedings until the final judgment is satisfied in
full.
28. Specific Performance Remedy. Due to the size, nature
and scope of the Bayview Project, it will not be practical or
possible to restore the Bayview Project to its natural condition
once implementation of this Agreement has begun. Property Owner
and the City may be foreclosed from other choices they may have
had to utilize the Bayview Project and provide for other
benefits. City and Property Owner have invested significant time
and resources in extensive planning and processing of the Bayview
Project and in agreeing to the terms of this Agreement, and it is
not possible to determine the sum of money which would adequately
compensate City and Property Owner for such efforts. For the
above reasons, City and Property Owner agree that damages would
not be adequate remedy if either party fails to carry out its
obligations under this Agreement. Therefore, specific
am
performance of this Agreement is the only remedy which would
adequately compensate the parties if the City or the Property
• Owner failed to carry out its obligations under this Agreement,
and each of City and Property Owner hereby agree that the other
shall be entitled to specific performance in the event of a
default hereunder. Notwithstanding the foregoing, nothing in
this Agreement is intended to deprive City or Property Owner from
recovering appropriate damages in the event that the terms of
this Agreement are breached.
29. Entire Agreement. This instrument and exhibits hereto
contain the entire agreement between the parties and any
agreement or representation respecting the matters dealt
herewithin or the duties of any party in relation thereto, not
expressly set forth in this instrument, is null and void.
30. Severability. If any terms, provisions, conditions, or
covenants of this Agreement, or the application thereof to any
party or circumstances, shall to any extent be held invalid or
unenforceable, the remainder of this instrument or the
application of such term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it
is held invalid or unenforceable shall not be affected thereby
• and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
31. Counterparts. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, but
all of which shall constitute one and the same instrument.
32. Protection of Mortgage Holders. Nothing contained
herein shall limit or interfere with the rights of mortgage
holders holding a mortgage made in good faith and for value on
any portion of the Bayview Project. "Mortgage Holder" includes
the beneficiary under a deed of trust, and "mortgage" includes a
deed of trust.
-19-
33. Subsequent Amendment to the Authorizing Statute. This
Agreement has been entered into in reliance upon the provisions
• of the statute governing prezoning in effect at the time of the
execution of the Agreement. Accordingly, to the extent that
subsequent amendments to the Government Code affect the
provisions of this Agreement, such amendments shall not be
applicable to this Agreement unless this Agreement is modified
pursuant to the provisions set forth in this Agreement.
34. Assignment. Subject to this Agreement, Property Owner
shall have the right to sell, mortgage, assign or transfer the
Bayview Project in whole or in part, to any person, partnership,
joint venture, firm or corporation at any time during the term of
this Agreement, provided that any such sale, mortgage, assignment
or transfer shall include the assignment of those rights, duties
and obligations arising under or from this Agreement applicable
to the Bayview Project or portions thereof. The express
assumption of any or all of the obligations of Property Owner
under this Agreement by such assignee shall, without any act or
concurrence by City, relieve Property Owner of its legal duty to
perform said obligations under this Agreement, except to the
extent Property Owner is in default of any of the terms of this
• agreement at the time of assignment. Property Owner shall
provide City with written notice of its intent to sell, mortgage,
assign or transfer this agreement in whole or in part thirty (30)
days in advance of such sale, mortgage, assignment or transfer.
The City shall not impose any conditions on or otherwise have any
rights of approval over said sale, mortgage, assignment or
transfer. Any and all successors and assigns of Property Owner
shall have all of the same benefits of Property Owner hereunder.
35. Interpretation. This agreement and any dispute arising
therefrom shall be governed and interpreted in accordance with
the laws of the State of California.
-20-
36. Not for Benefit of Third Parties. This agreement and
all provisions thereof are for the exclusive benefit of City and
• Property Owner and its assigns and not for the benefit of any
third party.
37. Section Headings. All section headings and subheadings
are inserted for convenience only and shall not affect any
construction or interpretation of this contract.
38. Compliance with California Government Code Section
65869. The California Coastal Commission has certified a local
coastal program for the City in compliance with California
Government Code Section 65869.
•
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IN WITNESS WHEREOF, the undersigned have executed this
agreement as of the day and year first above written.
• CITY OF NEWPORT BEACH
Philip R. Maurer, Mayor
ATTEST:
Wanda Raggio, City Clerk
• BAYVIEW I, A JOINT VENTURE
COMPOSED OF J.M. PETERS
COMPANY, INC., A CALIFORNIA
CORPORATION AND DSL SERVICE
COMPANY, A CALIFORNIA
CORPORATION
By
Um
-22-
• STATE OF CALIFORNIA
COUNTY OF ORANGE
NOTARY ACKNOWLEDGEMENTS
j ss.
On , 1985, before me, the
undersigned, a Notary Public in and or said State, personally
appeared , known to me to be the
President, and known to me to be
the Secretary of the corporation that executed the within
Instrument, known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
instrument pursuant to its bylaws or a resolution of its board of
directors.
WITNESS my hand and official seal.
Notary Public in and for said State.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On , 1985, before me, the
undersigned a Notary Public in and for said State, personally
• appeared Philip R. Maurer, known to me to be the Mayor of the
City of Newport Beach, and Wanda Reggio, known to me to be the
City Clerk of the City of Newport Beach, known to me to be the
persons whose names are subscribed to the within instrument, and
acknowledged to me that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said State.
-23-
i
•
LEGAL DESCRIPTION
0
BAY V
•
exhibit "A"
Z�
I E W
•
•
GD /cg
June 19, 1985
EXHIBIT "A"
LEGAL DESCRIPTION OF
TENTATIVE TRACTS 12212 AND 12362
1 All of that certain parcel of land situate partly in the City
2 of Newport Beach, all in the County of Orange, State of
3 California, being a portion of Block 51 of Irvine's Subdivision
4 as shown on a map recorded in Book 1, Page 88 of Miscellaneous
g Record Maps, Records of said County, said parcel being more
6 particularly described as follows:
7
g Beginning at the most easterly corner of Lot 147 of said Block
9 51, said corner also being the most easterly corner of Tract
10 No. 1499, as per map recorded in Book 44, Page 47 of
11 Miscellaneous Maps, Records of said County; thence along the
12 northeasterly line of said Block 51, S 490 21' 45" E 1320.56
13 feet to the southerly corner of the northwesterly one -half of
14 the southeasterly one -half of Block 50 of said Irvine's
1S Subdivision, said corner being at the intersection of Jamboree
16 Road realignment, as conveyed to the City of Newport Beach in a
17 deed recorded June 6, 1962 in Book 6135, Page 155, Official
18 Records of said County, with said northeasterly line; thence
19 along the centerline of said Jamboree Road S 400 40' 01" W
20 112.65 feet to the beginning of a tangent curve, concave
21 southeasterly and having a radius of 1600.00 feet; thence
22 southwesterly along said curve through a central angle of
23 340 49' 00" a distance of 972.26 feet to an intersection with
24 the southerly line of the deed to Newport Harbor Union High
25 School District recorded July 1, 1965 in Book 7578, Page 670,
26 of Official Records of said County, said southerly line being
27 the northwesterly prolongation of a line radial to the last
28 mentioned 1600.00 foot radius curve; thence along said line and
29 said prolongation N 840 08' 59" w 220.76 feet to the beginning
30 of a tangent curve concave southerly and having a radius of
31 2000.00 feet= thence westerly along said curve through a central
32
•
•
•
27
1
2
3
4
S
6
7i
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
24
26
27
28
29
30
31
32
T
angle of 170 43' 56 ", a distance of 618.97 feet to the most
easterly corner of that certain parcel of land described as
"Servient Tenament" in Exhibit "B" of a deed recorded
April 22, 1975 in Book 11382, Page 1898 of Official Records of
said County, a radial to said corner bears N 110 52' 55" W;
thence along the southerly line of said deed S 570 46' 05" W
77.81 feet; thence S 640 53' 40" W 161.27 feet; thence
S 640 27' 03" W 181..82 feet; thence S 670 01' 41" W 381.32
feet; thence S 750 13' 58" W 102.44 feet; thence
S 120 39' 46" W 17.73 feet to the beginning of a non - tangent
curve concave northerly and having a radius of 1562.00 feet, a
radial to said point bears S 300 22' 27" E'; thence westerly
along said curve through a central angle of 90 20' 53" a
distance of 254.85 feet to a point on the southeasterly
prolongation of the southwesterly boundary of Tract 1501, as
per map recorded in Book 50, Page 16 of Miscellaneous Maps,
Records of said County; thence along said ,line N 490 21' 54" W
494.39 feet to the southerly corner of said tract, said corner
also being the southerly corner of said Lot 147; thence along
the southeasterly line of said Lot 147, N 400 37' 27" E 2640.31
feet to the point of beginning.
LJ
BAYVIEW
PLANNED COMMUNITY DEVELOPMENT PLAN
AND DEVELOPMENT STANDARDS
CITY OF NEWPORT BEACH
•
August 15, 1985
•
EXHIBIT "B"
13
TABLE OF CONTENTS
INTRODUCTION
GENERAL NOTES
DEFINITIONS
SITE STATISTICS
• AREA 1, MULTIFAMILY RESIDENTIAL
AREAS 1 AND 2, SINGLE - FAMILY RESIDENTIAL
AREA 3, PROFESSIONAL AND ADMINISTRATIVE OFFICE
AREA 4 HOTEL SITE
AREA 5, RESTAURANT SITE /PROFESSIONAL AND ADMINISTRATIVE OFFICE
AREA 6, BUFFER
is
S
•
•
Location
The Bayview. project site is located on the southwest corner of the inter-
section of Bristol Street South and Jamboree Road in the Santa Ana Heights
area of unincorporated Orange County. To the north is Bristol Street
South and the extension of the Corona del Mar Freeway. West of the site
is a residential area of single - family homes. To the south is Upper
Newport Bay.
Existing Zoning
PA /95 PD: Professional Administrative
CC /90: Community Commercial
CC /35: Community Commercial
R1 -2975 PD (2975): Single family, 2,975 square feet minimum lot
size.
R2- 2,400: Multi- Family, 2,400. square feet minimum area per unit.
B1: Buffer.
The development standards set forth herein will provide for the develop-
ment of the subject property, in accordance with these standards and those
of the City of Newport Beach,
Land Uses
The Bayview development is designated for residential, recreational,
commercial, professional, institutional, hotel, and office uses as shown
on Exhibit 1.
1
0
GENERAL NOTES
1. Water service to the Planned Community District will be provided by
the Irvine Ranch Water District or the City of Newport Beach.
2. Sewage disposal service facilities to the Planned Community will be
• provided by the Irvine Ranch Water District.
3. Except as otherwise stated in this Planned Community text, the require-
ments of the Newport Beach Zoning Ordinance shall apply. Where a
conflict exists, the Planned Community text shall supersede.
4. The contents of this text notwithstanding, all construction within the
Planned Community boundaries shall comply with all provisions of the
Uniform Building Code and the various mechanical codes related thereto
except as noted in the Preannexation Agreement.
5. A pedestrian and bicycle trail system shall be provided as shown on
the approved Tentative Map of Tract No. 12212. The system shall be
reviewed and approved by the City of Newport Beach PUblic Works Depart-
ment.
6. Affordable housing shall be provided as per the Bayview Preannexation
Agreement.
• 7. Park dedication shall be provided as per the Bayview Preannexation
Agreement.
•
7
DEFINITIONS
The following definitions shall apply to the development of Bayview
Planned Community.
1. Gross Acreage shall mean the entire site area within the project
• boundary as shown on the approved. Tentative Map of Tract 12212.
2. Parcel Map Net Area shall mean the entire area within the project
boundary line excluding previously dedicated perimeter streets.
3. Building Acreage shall mean the entire site area within the project
boundary excluding streets, park dedication, areas with existing
natural slopes greater than 2:1, and natural floodplains.
4. Cluster Unit Development shall mean a combination or arrangement of
attached or detached dwellings and their accessory structures on conti-
guous or related building sites where the yards and open spaces are
combined into more desirable arrangements or open spaces and where the
individual sites may have less than the required average for the
district but the density of the overall development meets the required
standard.
5. Conventional Subdivision on a Planned Community Concept shall mean a
conventional subdivision of detached dwellings and their accessory
• structures on individual lots where the lot size may be less than the
required average for the district but where the density for the entire
subdivision meets the required standards and where open space areas
are provided for the enhancement and utilization of the overall devel-
opment.
3
• .
I
•
•
ZONING
BRISTOL STREET SOUTH
.-W.W
RESTAURANT SITE/
PROFESSIONAL ADMINISTRATIVE
OFFICE AREA 3
PROFESSIONAL ADMINISTRATIVE
j OFFICE
AREA 1
MULTI-
FAMILY
RESIDENCE
AREA 2
SINGLE FAMILY
i
!. J.
J.M.PETE s CO.
1601 DOVE STREET SLATE 100, NEWPORT BEACH, CALIFORNIA 92M
:7
'AREA 4
HOTEL SITE
AREA 6
BUFFER
UPPER
NEWPORT
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AREA It MULTIFAMILY RESIDENTIAL
Intent
The inclusion of multi - family residential units in the Bayview Planned Com-
munity District provides quality housing opportunities to the general pub-
lic.
Permitted Uses
1. Single - family dwellings /attached or detached.
2. Noncommercial recreation facilities.
3. Duplexes.
4. Dwelling groups and multiple - family dwellings.
5. Residential condominium projects and community apartment projects.
6. Sewage lift stations.
7. Community care facilities service six or fewer persons.
8. Any other uses that in the opinion of the City of Newport .Beach Plan-
ning Commission are of a similar nature.
9. Gated community with vehicular access control facilities.
Temporary Uses Permitted
1. Model homes, temporary real estate offices, and signs.
0
•
N
2. Temporary use of a mobile home residence during construction.
3. Real estate signs.
Accessory Uses Permitted
• The following accessory uses and structures are permitted when customarily
associated with and subordinate to a permitted principal use on the same
building site.
1. Garages and carports.
2. Swimming pools and spas.
3. Fences and walls.
4. Signs.
5. Any other accessory use or structure which the Planning Commission
finds to be of a similar nature.
Development Standards / /Attached Residential
1. Maximum Height Limits
• All buildings shall not exceed an average of 35 feet.
2. Setbacks
A minimum setback of fifteen feet shall apply to all structures other
than garages adjacent to public streets; except that balconies and
patios may encroach six feet into the required setback.
Architectural features such as but not limited to cornices, eaves, and
wingwalls may extend two and one -half (2 -1/2) feet into the required
setback from a public street.
Setbacks shall be measured from the ultimate right -of -way line.
7
i't
•
3. Setbacks from Other Property Lines and Structures
a. A minimum first -story front yard setback of five feet shall be
required. This setback shall. be measured from the back of curb or
in the event that sidewalks are constructed, from back of side-
walk. The second story front may be constructed adjacent to the
back of curb or in the event that sidewalks are constructed, adja-
cent to back of sidewalk.
b. All main residential structures shall be a minimum of eight feet
apart. This shall be measured from face of finished wall to face
of finished wall.
c. Detached garages shall be separated from main residential struc-
tures a minimum of eight feet. This also shall be measured from
face of finished wall to face of finished wall.
d. Garages with direct access from private streets shall be set back
a minimum of five feet from back of curb, or in the event that
sidewalks are constructed, from back of sidewalk.
e. A minimum five -foot setback shall occur from the most northerly
property line of lots 5, 6, and 7 on the Tentative Map of Tract
12362.
4. Fences, Hedges and Walls
Fences shall be limited to a maximum height of eight feet.
5. Architectural Features
Architectural features, such as but not limited to cornices, eaves,
and wingwalls, may extend two and one -half (2 -1/2) feet into any
front, side or rear yard setback.
6. Parking
Two covered spaces
will be required.
Guest parking shall
cluster.
per unit plus .36 guest parking spaces per unit
25% of all guest parking may be compact spaces.
be clustered with a minimum of two spaces per
0
AREAS 1 AND 2, SINGLE FAMILY RESIDENTIAL
Intent
The R1 designation is established to provide for the development of a
medium density single family residential neighborhood. The area provides
• a method whereby land may be developed to utilize design features which
take advantage of modern site planning techniques. The intent is to pro-
duce an integrated development project providing an environment of stable,
desirable character which will be: in harmony with existing and potential
development of the surrounding neighborhood.
Permitted Uses
1. Single- family dwellings.
2. Noncommercial recreation facilities.
3. Sewage lift stations.
4. Any other uses that in the opinion of the City of Newport Beach Plan-
ning Commission are of a similar nature.
5. Gated community with vehicular access control facilities.
• Temporary Uses Permitted
1. Model homes, temporary real estate offices, and signs.
2. Temporary use of a construction trailer.
3. Real estate signs.
Accessory Uses Permitted
The following accessory uses and structures are permitted when customarily
associated with and subordinate to a permitted principal use on the same
building site.
9
•
1�
1. Garages and carports.
2. Swimming pools . and spas.
3. Fences and walls.
is4. Patio covers.
5. Any other accessory use or structure which the Planning Commission
finds to be of a� similar nature.
Development Standards
1. Maximum Height Limits
All buildings shall not exceed an average of 35 feet.
2. Building Site Area
The minimum building site area shall be 2,975 square feet.
3. Setbacks
a. Front Yard.
• (1) Where garages face the street, the front yard setback shall be
a minimum of five feet from back of curb or in the event side-
walks are constructed, minimum of five feet from back of side-
walk.
(2) Where garages face the alley the front setback shall be a mini-
mum of eight feet from back of curb or in the event sidewalks
are constructed, minimum of eight feet from back of sidewalk.
b. Side Yard
(1) Minimum setback of four feet from property line with a ten
foot minimum setback between buildings.
10
•
(6-
c. Rear Yard
(1) Where garages face the street, the rear yard setback shall be
a minimum of eight feet.
(2). Where garages face the alley rear setback shall be a minimum
of fifteen feet from centerline of alley.
• 4. Fences, Hedges, and Walls
Fences shall be limited to a maximum height of eight feet except
within the front yard setback where fences, hedges and walls shall be
limited to three feet.
5. Trellis
Open trellis and beam construction shall be permitted within three
feet of the side or rear property line. Where reciprocal sideyard
easements exist, the setback shall be a minimum of three feet from the
easement line.
6. Parking
Parking for residential uses shall be in the form of not less than two
(2) covered parking spaces onsite per dwelling unit.
is7. Architectural Features
Architectural features, such as but not limited to cornices, eaves,
fireplaces, bay windows and wingwalls, may extend two and one -half
(2 -1/2) feet into any front, side or rear yard setback.
I
11
•
/(a
AREA 3, PROFESSIONAL AND ADMINISTRATIVE OFFICE
Intent
The intent- is to provide areas for the development of professional and
administrative offices and related uses in locations of close proximity to
• residential areas. These uses can conveniently serve the public and
create a suitable environment for professional and administrative office
buildings especially designed for this purpose. Uses in the area have
been located on sites large enough to provide for landscaped open spaces
and offstreet parking facilities.
The area is intended to be located on heavily traveled streets or adjacent
to commercial or industrial districts. The land may be developed to
utilize design features which take advantage of modern site planning
techniques.
Permitted Uses
1. Professional offices.
2. Administrative offices.
3. Restaurants and delicatessens.
• 4. Accessory structures and uses necessary and customarily incidental to
permitted uses including dry cleaners, barber shops, copy centers,
shoe repairs, photo finishing, stationers, convenience markets and
onsite liquor sales.
5. Business and real estate signs.
6. Gas stations, auto services, and detailing in parking structures.
7. Health Club
S. Offstreet parking structures.
•
12
17
9. Landscaped areas, parks, and open space areas when integrated into the
development project.
10. Any other uses that in the opinion of the City of Newport Beach Plan-
ning Commission are of similar nature.
• Permitted Uses Subject to Use Permit
1. Helistop.
Development Standards
1. Maximum Height Limits
All buildings shall not exceed 95 feet in height. This height shall
be measured from first floor elevation (excluding subterranean levels)
to ceiling elevation of uppermost floor. An additional fifteen (.15')
feet height extension is permitted only to accommodate and screen
mechanical equipment..
2. Building Site Area
The minimum building site area shall be 10,000 square feet.
Minimum Building Site Width: There is no restriction on buildiny site
• width.
Minimum Building Site Depth: There is no restriction on building site
depth .
Maximum Gross Floor Area: The total gross floor area of the combined
two commercial office building structures shall not exceed 660,000
gross square feet.
There is no gross floor area or building coverage restrictions on indi -.
vidual buildings in cluster developments provided that the provisions
13
•
stated above are met, adequate offstreet parking is provided, and pro-
visions are made for the maintenance of common areas and access to in-
dividual building sites. This is subject to the review of the Direc-
tor of Planning and the Director of Public Works.
3. Setbacks
• Front, side, and rear yard setbacks shall each be ten feet from the
property line. Distances between buildings shall be in compliance
with the Uniform Building Code.
4. Streets and Driveways
Streets and driveways shall provide adequate vehicular circulation for
service and emergency vehicles for the project and the area within
which it is located. Required widths and improvements shall be
established by the recorded Tract Map.
5. Offstreet Parking
Offstreet parking shall be provided in accordance with the approved
parking plan and Preannexation Agreement.
6. Trash and Storage Area
• All storage of cartons, containers, and trash shall be shielded from
view within a building or within an area enclosed by a wall not less
than six feet in height.
7. Landscaping
Detailed landscaping and irrigation plans shall be prepared by a
licensed landscape architect, licensed landscaping contractor, or
architect, and shall be reviewed by the Department of Parks, Beaches,
and Recreation and
of Public Works.
is
approved by the Director of Planning and Director
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AREA 4 HOTEL SITE
Intent
The Community Commercial designation provides areas for commercial uses
which offer a wide range of goods and services including those facilities
• for overnight accommodations, shopping goods, convenience goods and ser-
vices, and food services.
Permitted Uses
1. Hotels and motels
2. Ancillary structures and uses necessary and customarily incidental to
hotels and motels including but not limited to:
Retail businesses.
Restaurants.
Service businesses.
Automobile parking lots and structures.
• Recreation facilities.
Day nurseries.
Public and private parks and playgrounds.
Financial institutions.
Public /private utility buildings and structures.
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Self- service laundry and dry cleaning facilities.
Any other uses that in the opinion of the City of Newport Beach
Planning Commission are of a similar nature.
Temporary Uses Permitted
1. Commercial coaches.
Permitted Uses Subject to Use Permit
1. Automobile washing.
2. Health Clubs.
3. Helistops.
4. Mini - storage facilities.
5. Public utility exchanges and substations.
6. Any other use which the Planning Commission finds consistent with the
purpose and intent of this area.
• Permitted Accessory Uses
The following accessory uses and structures are permitted when customarily
associated with and subordinate to a permitted principal use on the same
building site.
1. Detached buildings.
2. Fences and walls.
3. Signs.
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4. Accessory uses and structures which the Planning Commission finds to
be of a similar nature.
5. Onsite liquor sales.
Prohibited Uses
• 1. Automobile repair garages, fender and body repair, and paint shops.
2. Automobile service stations.
3. Automobile wrecking, junk, and salvage yards.
4. Beverage bottling plants.
5. Cleaning, dyeing, and laundry plants.
6. Ice production.
7. Rental and sales agencies for agricultural, industrial, and construc-
tion equipment.
8. Rental and sales agencies for trailers, boats, trucks, automobiles,
and recreational vehicles.
• 9. Tire retreading.
10. Warehouses, contractor's ,storage yards, and work and fabricating
areas. '
11. Welding shops.
12. Wholesale bakeries.
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Development Standards
1. Maximum Height Limits
Buildings- shall not exceed 90 feet. This height shall be measured
from first floor elevation (excluding subterranean levels) to ceiling
• elevation of uppermost floor. An additional fifteen (15') feet height
extension is permitted only to accommodate and screen rooftop
mechanical equipment.
2. Building Site Area
There are no specifications for minimum building site area.
3. Offstreet Parking
Offstreet parking shall be provided in accordance with the and Pre -
annexation Agreement. Any changes to said plan shall be approved by
the City of Newport Beach Planning Director.
4. Structural Setbacks
Community Commercial uses which abut:
Street setbacks: Front, side and rear yard setbacks shall each be ten
feet from the property line. Distances between buildings shall be in
compliance with the Uniform Building Code.
5. Loading
All loading and unloading operations shall be performed on the site,
and loading platforms and areas shall be screened by a landscape.or
architectural feature.
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Use
Front Yard
Side and Rear Yards
•
Commercial
5 feet
0 feet
Residential
5 feet
20 feet
Professional
Administrative 5 feet
0 feet
Street setbacks: Front, side and rear yard setbacks shall each be ten
feet from the property line. Distances between buildings shall be in
compliance with the Uniform Building Code.
5. Loading
All loading and unloading operations shall be performed on the site,
and loading platforms and areas shall be screened by a landscape.or
architectural feature.
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6. Trash and Storage Area
All storage of cartons, containers and trash shall be shielded from
view within a building or within an area enclosed by a wall not less
than 6 feet in height.
• 7. Landscaping
Detailed landscaping and irrigation plans shall be prepared by a
licensed landscape architect, licensed landscaping contractor, or
architect, and shall be reviewed by the Department of Parks, Beaches,
and Recreation and approved by the Director of Planning and Director
of Public Works.
•
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AREA 5 RESTAURANT PROFESSIONAL AND ADMINISTRATIVE OFFICES
Intent
The Restaurant /Professional and Administrative Office designation provides
areas for commercial uses which offer a wide range of goods and services
• including those facilities for shopping goods, convenience goods and ser-
vices, food services and recreation for the community.
Permitted Uses
1. Restaurants.
Temporary Uses Permitted
1. Commercial coaches.
Permitted Uses Subject to Use Permit
1. Automobile washing.
2. Health Clubs.
3. Helistops.
• 4. Mini- storage facilities.
5. Public utility exchanges and substations.
6. Retail businesses.
7. Service businesses.
8. Animal clinics and hospitals.
9. Administrative and professional offices.
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as
10. Automobile parking lots and structures.
11. Commercial recreation.
12. Nurseries and garden supply stores provided that all equipment,
• supplies, rentals, and merchandise other than plants shall be kept
within a completely enclosed building and that fertilizer of any type
shall be stored and sold in packaged form only.
13. Day nurseries.
14. Financial institutions.
15. Public /private utility buildings and structures.
16. Self- service laundry and dry cleaning facilities.
17. Accessory structures and uses necessary and customarily incidental to
the above uses.
18. Any other uses that in the opinion of the City of Newport Beach
Planning Commission are of a similar nature.
Permitted Accessory Uses
• The following accessory uses and structures are permitted when customarily
associated with and subordinate to a permitted principal use on the same
building site. .
1. Detached buildings.
2. Fences and walls.
3. Signs.
4. Accessory uses and structures which the Planning Commission finds to
be of a similar nature.
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5. Onsite liquor sales.
Prohibited Uses
1. Automobile repair garages, fender and body repair, and paint shops.
• 2. Automobile service stations.
3. Automobile wrecking, junk, and salvage yards.
4. Beverage bottling plants.
5. Cleaning, dyeing, and laundry plants.
6. Ice production.
7. Rental and sales agencies for agricultural, industrial, and construc-
tion equipment.
8. Rental and sales agencies for trailers, boats, trucks, automobiles,
and recreational vehicles.
9. Tire retreading.
• 10. Warehouses, contractor's storage yards, and work and fabricating
areas.
11. Welding shops.
12. Wholesale bakeries.
Development Standards
1. Maximum Height Limits
Buildings shall not exceed 35 feet. This height shall be measured
from first floor elevation (excluding subterranean levels) to ceiling
22
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elevation of uppermost floor. An additional ten (10') feet height
extension is permitted only to accommodate and screen mechanical
equipment.
2. Maximum square feet for restaurant use is 8,000 sq.ft.
• 3. Maximum square feet for office use is 70,000 sq.ft.
4. Building Site Area
There are no specifications for minimum building site area.
5. Offstreet Parking
Offstreet parking shall be provided in accordance with the and Pre -
annexation Agreement. Any changes to said plan shall be approved by
the City of Newport Beach Planning Director.
b. Structural Setbacks
Community Commercial uses which abut:
Use Front Yard Side and Rear Yards
Commercial 5 feet 0 feet
1
• Residential 5 feet 20 feet
Professional Administrative 5 feet 0 feet
Street setbacks: Front, side and rear yard setbacks shall each be ten
feet from the property line. Distances between buildings shall be in
compliance with the Uniform Building Code.
7. Loading
All loading and unloading operations shall be performed on the site,
and loading platforms and areas shall be screened by a landscape or
architectural feature.
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• 1
8. Trash and Storage Area
All storage of cartons, containers and trash shall be shielded from
view within a building or within an area enclosed by a wall not less
than 6 feet in height.
• 9. Landscaping
Detailed landscaping and irrigation plans shall be prepared by a
licensed landscape architect, licensed landscaping contractor, or
architect, and shall be reviewed by the Department of Parks, Beaches,
and Recreation and approved by the Director of Planning and Director
of Public.Works.
•
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•
•
•
AREA 6. BUFFER
Intent
The Buffer designation is established to provide open space areas for the
purpose of buffering two areas of use that are incompatible, preserving an
area with unique or sensitive environmental features, linking other open
space areas, or shaping urban form, and for reservation of potential road
right -of -way.
Permitted Uses
1. Back Bay access.
2. Marine preserves.
3. Passive parks and greenbelts.
4. Riding and hiking trails.
5. Fences
6. Viewpoints.
7. Wildlife corridors.
8.. Any other use that in the opinion of the City of Newport Beach Plan-
ning Director is consistent with the above stated uses, purposes, and
intent of the area.
9. Roadways
10. Desilting basins and drainage facilities.
11. Active parks and playgrounds.
12. Overhead or underground utility facilities.
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13. Walls or opaque fences over 3 -1/2 feet in height.
14. Any other use. which the Planning Commission finds consistent with the
purpose and intent of this area.
Permitted Accessory Uses
• Accessory uses and structures which are customarily associated with and
subordinate to a permitted principal use on the same building site and
which are consistent with the purpose and intent of this district are
permitted.
Site Development Standards
1. Building Site Area
There is no minimum building site area.
2. Building Height
The maximum building height shall be 18 feet.
3. Building Setbacks
Building setbacks shall be 20 feet from all property lines.
4. Signage
No signs shall exceed six square feet in area.
•
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