HomeMy WebLinkAbout91-46 - Approving a Development Agreement for the Library Exchange Agreement Between the City of Newport Beach and the Irvine Company (Development Agreement No. 4)ORDINANCE NO. 91_46
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
APPROVING A DEVELOPMENT AGREEMENT
FOR THE LIBRARY EXCHANGE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
AND THE IRVINE COMPANY
(DEVELOPMENT AGREEMENT NO. 4)
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The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. The City Council finds and declares that:
a. The state legislature and the City Council have determined that the lack
of certainty in the approval of development projects can result in a waste of resources,
escalate the cost of housing and other development to the consumer, and discourage
investment in and commitment to comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to the public; and
b. Assurance that an applicant may proceed with a project in accordance with
•existing policies, rules and regulations, and subject to conditions of approval, will strengthen
the public planning process, encourage private participation in comprehensive planning, and
reduce the economic costs of development; and
c. California Government Code Section 65864 et seq. authorizes cities to
enter into development agreements with any person having a legal or equitable interest in
real property for the development of the property; and
d. Chapter 15.45 of the Newport Beach Municipal Code provides
requirements and procedures for the adoption of development agreements; and
e. Development Agreement No. 4 has been prepared in compliance with state
law and the Newport Beach Municipal Code; and
f. In compliance with state law and city ordinance, duly noticed public
0' hearings were held by the Planning Commission and the City Council to consider
Development Agreement No. 4; and
g. The City Council finds that said Development Agreement is in compliance
with the California Environmental Quality Act and Guidelines promulgated thereunder; and
h. The City Council finds that said Development Agreement is in
conformance with the Newport Beach General Plan.
SECTION 2. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code
• establishing procedures and requirements for the consideration of development agreements,
Development Agreement No. 4 for the Library Exchange Agreement, attached hereto as
Exhibit "A", is hereby approved.
SECTION 3. Copies of said Development Agreement are on file in the offices of
the City Clerk and Planning Department of the City of Newport Beach and said
Development Agreement is made a part hereof by this reference.
SECTION 4. This Ordinance shall be published once in the official newspaper of
the City, and the same shall be effective thirty (30) days 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 9th day of Dec • 1991, and was adopted on the
13th day of Jan. 1992, by the following vote, to wit:
CITY CLERK
Attachment
AYES, COUNCIL MEMBERS HEDGES, WATT,
TURNER, SANSONE, HART, COX, PLMIER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
EM, i
Exhibit "A": Development Agreement No. 4 for the Library Exchange Agreement
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
330 Newport Boulevard
Newport Beach, California 92663 -3884
AGREEMENT FACILITATING
LIBRARY EXCHANGE
(Pursuant to Government Code Sections 65864- 65869.5)
This AGREEMENT FACILITATING LIBRARY EXCHANGE (the
"Agreement ") is entered into this day of ,
1991, by and between the City of Newport Beach, Calif— orris , a
municipal corporation and charter city ( "City ") and The Irvine
Company, a Michigan corporation, ( "Company ") . City and Company are
sometimes collectively referred to herein as the "Parties."
RECITALS
A. Company and City have entered into an EXCHANGE AGREEMENT AND
ESCROW INSTRUCTIONS dated October 10, 1990, (the "Exchange
Agreement "), whereby the City has agreed to transfer its old
library in the Civic Plaza Planned Community ( "Civic Plaza) in
Newport Center to Company, in exchange for a site for a new library
in the Newport Village area of Newport Center (the "New Library
Property ") .
B. Section 6.2 of the Exchange Agreement provides, among other
things, that the Company's obligation to make the exchange is
contingent upon its first having obtained all discretionary land
use approvals necessary to (i) construct 65,550 square feet of
office space in Civic Plaza, and (ii) transfer a total of 115,000
square feet of office development from Newport Village to the
Corporate Plaza Planned Community ( "Corporate Plaza ") or the
Corporate Plaza West Planned Community ( "Corporate Plaza West ").
C. City and Company now wish to satisfy that contingency by
entering into an agreement securing for Company the right to (i)
construct 65,550 square feet of office space in Civic Plaza, and
(ii) transfer and construct a total of 115,000 square feet of
office development from Newport Village to Corporate Plaza or
Corporate Plaza West, consistent with the terms specified in the
Exchange Agreement.
D. This Agreement is consistent with provisions of state law
(Government Code Section 65864 et seq.) and local law (Chapter
1545) which authorize binding agreements that: (i) encourage
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investment in and commitment to comprehensive planning and publ'i.c
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 (vi) reduce the economic
costs of development by providing assurance to the property owne';rs
that it may proceed with its projects in accordance with existing
policies, rules, and regulations.
E. The City Council finds that this Agreement: (i) is consistent •
with City's General Plan and all specific plans as of the date of
this Agreement applicable to the Project; (ii) is in the best
interest of the health, safety, and general welfare of City, its
residents, and the public; (iii) is entered into pursuant to and
constitutes a present exercise of City's police power; and (iv) is
consistent with, and has been approved in accordance with,
provisions of Government Code Section 65867 and Chapter 15.45 of
the Newport Beach Municipal Code.
NOW, THEREFORE, City and Company agree as follows:
1. Property.
This Agreement shall apply to the property described in the
attached Exhibit "A" (collectively the "Property ") . Company either
is the fee owner of the Property, or has an equitable interest in
the Property by reason of the Exchange Agreement. The attached
Exhibit "B" is a map which shows the general location of parcel's
comprising the Property and indicates the portions of the Property
referred to in this Agreement as Civic Plaza, Corporate Plaza, and •
Corporate Plaza West, respectively.
2. Development of the Property.
2.1 Project. While this Agreement is in effect, development
of the Property by Company (the "Project ") shall be in
accordance with the terms and conditions of this Agreement;
and of subsections 6.2(k) and 6.2(1) of the Exchange
Agreement. In the event of a conflict between this Agreement
and the Exchange Agreement, the provisions of the Exchange
Agreement shall prevail. The permitted uses of the Property,
the density or intensity of use of the Property, and the
maximum height and size of proposed buildings shall be as
shown and identified for each parcel of the Property on
Exhibit "C," provided that Company shall have the right to
transfer office development'square footage between Corporate,
Plaza and Corporate Plaza West consistent with subsection'
6.2(1). of the Exchange Agreement. As provided in Government
Code Section 65865.2, City shall not prevent development of,
the Property for the uses and to the density or intensity of
development set forth in Exhibit "C." In addition, Company
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and City will adhere to the extent feasible to the processing
schedule provided in Exhibit "D."
2.2 Effect of Agreement on Applications for Land Use
Approvals. In connection with any approval which City is
required, permitted or has the right to give relating to the
Project, or otherwise under its ordinances, resolutions and
codes, City shall not impose any condition or restriction that
prevents Company from developing the Property with the uses
and to the maximum densities and intensities permitted in
Exhibit "C." Subject to review for completeness, City shall
accept for processing and shall timely review and act.on all
applications for further land use entitlement approvals with
respect to the Project called for or required under this
Agreement and subsections 6.2(k) and 6.2(1) of the Exchange
Agreement. In the event of a conflict between this Agreement
and the Exchange Agreement, the provisions of the Exchange
Agreement shall prevail.
2.3 Compliance with Chapter 15.40. With respect to
construction of the 115,000 square feet of office development
transferred from Newport Village to Corporate Plaza or
Corporate Plaza West, Company shall comply with Chapter 15.40
of the Newport Beach Municipal Code (the °TPO") subject to the
provisions and understandings contained in subsections
6.2(1)(i)(1) -(3) of the Exchange Agreement.
2.4 Future Discretionary Reviews. City shall retain its
discretionary powers in reviewing applications for project -
related development approvals submitted before the effective
date of this Agreement, provided that those powers will be
applied in a manner that is consistent with this Agreement and
the Exchange Agreement and will not prevent Company from
development of the Project with the land uses, and to the
densities or intensities, permitted by this Agreement and the
Exchange Agreement. Except as provided herein, future
discretionary approvals, including but not limited to
rezoning, tentative and parcel map approvals, plot plans and
plan development approvals, shall be consistent with this
Agreement and the plans, ordinances, resolutions and policies
regulating the use of land in effect on the effective date of
this Agreement. Nothing in this Agreement shall prevent City
from imposing measures to mitigate significant effects
identified in any environmental document prepared for
development of the Project, or any portion thereof, provided
the measure does not render the Project infeasible. City
shall retain full discretion to impose standard conditions
generally applicable to subdivision or parcel maps or through
the site plan review provisions set forth in section 20.01.070
of the Newport Beach Municipal Code.
2.5 No Conflicting_ Enactments. City shall not apply to the
Project any- ordinance, policy, rule, regulation or other
measure enacted or effective after the Agreement Date which
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is in conflict with this Agreement or the Exchange Agreement.
This Section shall not restrict City's ability to enact an
ordinance, policy, rule, regulation or other measure:
applicable to the Project pursuant to California Government:
Code Section 65866 in accordance with the procedures specified
in Section 3. No moratorium or other limitation (whether
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 otherwise) affecting subdivision
maps, building permits, occupancy certificates or other
entitlements to use approved, issued or granted within City,
or portions of City, shall apply to the Project.
2.6 Benefits to Company. Company is entering into this
Agreement on the reasonable expectation that this Agreement
fulfills and implements the intent of the Exchange Agreement,
which is to vest in Company as early as possible the right to
(i) construct 65,550 square feet of office space in Civic
Plaza, and (ii) transfer and construct a total of 115,000
square feet of office development from Newport Village to
Corporate Plaza or Corporate Plaza West, consistent with the
terms specified in the Exchange Agreement. The benefit to
Company under this Agreement consists of the assurance, hereby
acknowledged by City, that this Agreement is preservingg
Company's right to develop the Property as if Company had
otherwise obtained "all discretionary land use approvals" as;
described in subsections 6.2(k) and 6.2(1) of the Exchange
Agreement.
Rules, Regulations and Official Policies.
3.1 Near Rules. This Agreement shall not prevent City from
applying to the Project regulations and policies (collectively
"Regulations ") adopted or effective after the Agreement Date!,
provided that the same are adopted and applied City -wide and
consist solely of the following:
(a) Procedural Regulations relating to hearing bodies!,
petitions, applications, notices, findings, records,,
hearings, reports, recommendations, appeals and. any
other matter of procedure;
(b) Regulations which are not in conflict with this
Agreement or the Exchange Agreement; or
(c) Regulations which
Agreement or the Exchange
have been consented to in
are in conflict with this
Agreement, if such Regulations
writing by Company.
3.2 Taxes, Assessments and Fees. City may impose such taxes,
assessments and fees adopted or effective after the Agreement
Date, including but not limited to business license taxes or
franchise fees, on the Project as are imposed on a City -wide
basis.
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3.3 New Laws, Rules, or Regulations. In the event any state
or federal law, rule, regulation or plan is enacted or applied
after the Agreement Date which prevents or precludes
compliance with one or more of the provisions of this
Agreement, then this Agreement shall be either modified as may
be necessary to comply with such state or federal laws or
regulations, or terminated, pursuant to the following process:
(a) Notice and Copies: In the event that a state or
• federal law or regulation is enacted or applied in such
a way as to preclude or prevent compliance with one or
more provisions of this Agreement, the Party believing
that such event has occurred shall provide the other
Party with: (1) written notice of the existence of such
event; (2) a copy of the law or regulation; and (3) a
statement of the conflict with the provisions of this
Agreement, and of the proposed modification of the
Agreement the Party giving the notice believes may be
necessary to comply with the state or federal law or
regulation;
(b) Modification Conference: The Parties shall, within
thirty (30) days of the notice required in Section 6.3(a)
above, meet and confer in good faith in a reasonable
attempt to agree on the effect of the rule or regulation
on this Agreement and proposed modifications of this
Agreement in order to conform it with such federal or
state law or regulation; and,
(c) Council Hearinas: Regardless of whether the Parties
reach any tentative agreement on the matters involved in
the modification conference required by Section 6.3(b)
above, the matter shall be scheduled for a public hearing
before City Council. City shall give at least thirty
(30) days' public notice of such hearing, pursuant to
Government Code Section 65867. City Council, at such
hearing, shall determine the exact modification or
suspension which it believes shall be necessitated by the
law, rule, regulation or plan. Company, at the hearing,
shall have the right to offer oral and written testimony.
Any proposed modification shall be taken by the
affirmative vote of not less than a majority of City
Council. Within thirty (30) days thereafter, Company
shall either elect, in writing delivered to City, to
accept the modification, or terminate this Agreement.
4. Project as a Private Undertaking. The development of the
Project is a private development; that neither Party is acting as
the agent of the other in any respect hereunder, and that each
Party is an independent contracting entity with respect to the
terms, covenants and conditions contained in this Agreement. No
partnership, joint venture or other association of any kind is
formed by this Agreement. The only relationship between City and
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Company is that of a government entity regulating the development.
of private property by the owner of such property.
5. Term. The term of this Agreement shall continue until all.
permits required for occupancy and operation of the Project as
contemplated by the Project have been issued, provided that in no
event shall such term exceed twenty (20) years as measured from the
Effective Date. Pursuant to Section 66452.6(a) of the California
Subdivision Map Act, any tentative Subdivision Map approved for the:
Property, whether designated a "vesting tentative map" or
otherwise, may be extended by City to the date on which this
Agreement terminates.
6. Amendment or Cancellation of Agreement. Other than
modifications of this Agreement pursuant to Section 3.3, this,
Agreement may be amended or cancelled in whole or in part only by
mutual written and executed consent of the Parties in compliance:
with Government Code Section 65868.
7. Enforcement. Unless amended or cancelled as provided in
Section 9, or modified or suspended pursuant to Government Code
Section 65869.5, this Agreement is enforceable by either Party
notwithstanding any change in any applicable general or specific
plan, zoning, subdivision or building regulation or other
applicable ordinance or regulation adopted by City (including by
the voters of City) which purports to apply to any or all of the
Property.
8. Periodic Review of Compliance. City and Company shall review
this Agreement at least once every twelve (12) months from the
Effective Date in accordance with Sections 65865 and 65865.1 of the
California Government Code. At such reviews, Company shall
demonstrate its good faith compliance with this Agreement. Company
agrees to furnish such evidence of good faith compliance as City,
in the reasonable exercise of its discretion and after reasonable
notice to Company, may require. Company shall be deemed to be in
good faith compliance with this Agreement if City is not entitled
pursuant to Section 9.1 to terminate this Agreement.
9. Events of Default.
9.1 Default by Company. Pursuant to California Government
Code Section 65865.1, if City determines following a noticed
public hearing and on the basis of substantial evidence that
Company has not complied in good faith with Company's
obligations under Section 2 of this Agreement, City shall, by
written notice to Company, specify the manner in which Company
has failed to so comply and state the steps Company must take
to bring itself into compliance. If, within thirty (30) days
after receipt of the written notice from City specifying the
manner in which Company has failed to so comply, Company does
not commence all steps reasonably necessary to bring itself
into compliance as required and thereafter diligently pursue
such steps to completion, then Company shall be deemed to be
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in default under the terms of this Agreement and City may (a)
seek a modification of this Agreement, (b) terminate this
Agreement, or (c) seek any other available remedies, as
provided in Section 9.3.
9.2 Default by City. If City has not complied with any of
its obligations and limitations under this Agreement, Company
shall, by written notice to City, specify the manner in which
City has failed to so comply and state the steps necessary for
City to bring itself into compliance. If, within thirty (30)
days after receipt of the written notice from Company
specifying the manner in which City has failed to so comply,
City does not bring itself into compliance, then City shall
be deemed to be in default under the terms of this Agreement
and Company may (a) seek a modification of this Agreement, (b)
terminate this Agreement, or (c) seek any other available
remedy as provided in Section 9.3. Except as provided below,
if City adopts or enforces any moratorium, de facto or. de
lure, or other similar limitation (whether 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 otherwise) affecting the processing or approval
of subdivision maps, building permits, occupancy certificates
or other entitlements to use which is applied to the Project,
then Company may immediately (a) seek a modification of this
Agreement, (b) terminate this Agreement, or (c) seek any other
available remedy as provided in Section 9.3. City shall not
be in default if it adopts a temporary citywide moratorium on
development due to its inability to supply sufficient water
to then current customers as necessary to maintain minimum
levels of health, safety and sanitation and, provided further,
the City shall not be considered in default if it is required
to enforce a moratorium because of a law, rule, regulation or
plan identified in Section 3.3. In the event that it becomes
necessary in the future for the City or other responsible
agency to declare a water or sewer moratorium, however, the
Project shall have and enjoy priority over all other future
development for water and sewer service when and as the same
thereafter becomes available.
9.3 Specific Performance Remedy. Due to the size, nature and
scope of the Project, and due to the fact that it may not be
practical or possible to restore the Property to its natural
condition once implementation of this Agreement has begun, the
Parties acknowledge that, except as provided in section 9.4,
money damages an4 remedies at law generally are inadequate and
that specific performance is appropriate for the enforcement
of this Agreement. Except as provided in section 9.4, the
remedy of specific performance or, in the alternative, a writ
of mandate, shall be the sole and exclusive legal remedy
available to either party in the event of the default, or
alleged default, by the other.
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9.4 Payment of Appraised Value Upon Termination. If Company
elects to terminate this Agreement as provided under Paragraph.
9.2, then Company shall be entitled to payment from City of
the appraised net fair market value of the New Library,
Property, to be determined as follows:
(a) Within thirty (30) days written notice from Company
to City expressing Company's election to terminate,
Company and City shall each select an appraiser to
appraise the value of both the New Library Property and
the old library property in Civic Plaza (the "Old Library
Property ") transferred to Company in exchange for the New
Library Property, and advise the other of the selection'.
Time being of the essence, if either party should fail .
to select an appraiser within the time provided, that
party shall conclusively be deemed to have selected the
appraiser selected by the other party.
(b) Each appraiser will be instructed to determine the
value both of the New Library Property and the Old.
Library Property, and to meet with the other appraiser
in an effort to come to an agreement as to that value,,
within sixty (60) days of his or her selection. If there
is only one appraiser selected by City and Company, or
if the appraisers selected by them agree upon the value
of the New Library Property and /or the Old Library
Property, the appraised value shall be as so determined
or agreed upon.
(c) If the appraisers are unable to agree on a
determination of the value of the New Library Property
and /or the Old Library Property, then within the sixty
(60) days following their selection, the two appraisers
shall agree upon and appoint a third appraiser who shall
independently prepare an appraisal of the value of the
property on which agreement has not already been reached:
The appraised value will then be the average of the two
closest values as determined by the three appraisers, and
the appraised net fair market value of the New Library
Property shall be the appraised value of the New Library
Property less the value of the Old Library Property.
(d) All appraisers appointed hereunder shall be
competent, qualified by training and experience in Orange
County, California, disinterested, and independent, and
shall be members in good standing of the American
Institute of Real Estate Appraisers or its successor, o=
such other recognized association of professional real
estate appraisers as 'my be mutually agreed upon by
Company and City, and all determinations of value shall
be rendered in writing and signed by the appraiser or
appraisers making the report.
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(e) For purposes of all appraisals, the New Library
Property shall be appraised assuming (i) that the New
Library Property were unimproved but fully graded and
with all required utilities in place for development,
(ii) that the highest and best use of the New Library
Property was for office development, (iii) that the New
Library Property were fully entitled for development of
180,500 square feet of net leasable office space (less
the amount of that square footage of net leasable office
space actually transferred to Corporate Plaza and /or
• Corporate Plaza West and for which building permits have
been issued or similar vested rights otherwise secured
as of the valuation date), (iv) that development of the
New Library Property to that level of entitlement were
not constrained by any height restrictions or similar
constraint, and (v) that all permit and other
governmental fees have been paid and necessary public
infrastructure installed. For purposes of all
appraisals, the Old Library Property shall be appraised
in its then current condition, taking into account the
then status and application of applicable regulations,
zoning laws, moratoria, and other land use entitlements
than might apply against the Old Library Property and its
development.
(f) Within thirty (30) days after the value of the New
Library Property has been determined pursuant to the
foregoing, City shall pay to Company the appraised value
of the New Library Property.
10. Cooperation. Each Party covenants to take such reasonable
actions and execute all documents that may be necessary to achieve
the purposes and objectives of this Agreement.
11. Force Maieure. Neither Party shall be deemed to be in default
• where failure or delay in performance of any of its obligations
under this Agreement is caused, through no fault of the Party whose
performance is prevented or delayed, by floods, earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes or
other labor difficulties, State or Federal regulations, or court
actions. Except as specified above, nonperformance shall not be
excused because of the act or omission of a third person.
12. Notices. Any notice or demand which shall be required or
permitted by law or any provision of this Agreement shall be in
writing and if the same is to be served upon a Party, may be
personally delivered to the Party, or shall be deposited in the
United States mail, certified, return receipt requested, postage
prepaid, or shall be delivered'by overnight courier, overnight
courier charges prepaid, and shall be addressed as follows:
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TO CITY:
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
Attn: City Manager
With a copy to:
City Attorney
City of Newport Beach
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92663 -3884
TO COMPANY:
The Irvine Company
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attn: General Counsel
With copies to:
Latham & Watkins
650 Town Center Drive
Costa Mesa, California 92626 -1918
Attn: Robert K. Break
Irvine Pacific
550 Newport Center Drive
Newport Beach, California 92660 -0015
Attn: President
Either Party may change the address stated herein by notice to the
other Party in the manner provided in this Section, and thereafter
notices shall be addressed and submitted to the new address.
Notice shall be deemed to be delivered upon the earlier of (a) the
date received or (b) three (3) business days after deposit in the
mail as provided above.
13. Transfers and Assignments. Company shall have the right to
sell, lease, transfer or assign the Property in whole or in part
(provided that no such partial transfer shall cause a violation of
the Subdivision Map Act, Government Code Section 66410, et seq.)
to any person, partnership, joint venture, firm or corporation at
any time during the term of this Agreement without prior written
consent of City. The burdens and benefits of this Agreement inure
to all successors in interest of the parties to this Agreement.
In order to provide continued notice thereof, this Agreement and
all amendments thereto will be recorded by the Parties.
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14. Exhibits. The following documents are attached hereto and
incorporated herein by this reference:
Exhibit
Designation Description
"A" Legal Description of the Property
"B" Depiction of the Property
• "C" Development Plan (Including Density and
Intensity of Development)
Processing Schedule
15. Rules of Construction and Miscellaneous Terms.
15.1 Gender. The singular includes the plural; the
masculine and neuter include the feminine; "shall" is
mandatory, "may" is permissive.
15.2 Time of Essence. Time is of the essence regarding
each provision of this Agreement in which time is an element.
15.3 Waiver. Failure by a Party to insist upon the
strict performance of any of the provisions of this Agreement
by the other Party, and failure by a Party to exercise its
rights upon a default by the other Party hereto, shall not
constitute a waiver of that Party's right to demand strict
compliance by such other Party in the future.
15.4 counterparts. This Agreement may be executed in two
or more counterparts, each of which shall be identical and may
be introduced in evidence or used for any other purpose
without any other counterpart, but all of which shall together
• constitute one and the same Agreement.
15.5 Entire Agreement. This Agreement constitutes the
entire agreement and supersedes all prior agreements and
understandings, both written and oral, between City and
Company with respect to the subject matter hereof.
15.6 severability. If any provision of this
Agreement or the application thereof to any party or
circumstances shall be held invalid or unenforceable to
any extent, the remainder of this Agreement or the
application of such provision 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
provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
15.7 Construction. This Agreement has been drafted after
extensive negotiation and revision. Both Company and City
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are sophisticated parties represented by independent counsel
throughout the negotiations. City and Company each agree and
acknowledge that the terms of this Agreement are fair and
reasonable, taking into account their respective purposes,
terms and conditions. In accordance with the foregoing, this
Agreement shall be construed as a whole in accordance with its
fair meaning and no principle or presumption of contract
construction or interpretation shall be used to construe the
whole or any part of this Agreement in favor of or against
either City and Company.
15.8 No Third Party Beneficiaries. The only parties to
this Agreement are City and Company. There are no third party
beneficiaries and this Agreement is not intended and shall not
be construed to benefit or be enforceable by any other person
whatsoever.
15.9 Governing Law. This Agreement and any dispute:
arising hereunder shall be governed by and interpreted in
accordance with the laws of the State of California.
15.10 Section Headings. All Section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
15.11 Incorporation of Recitals and Exhibits. Recitals
A through E and attached Exhibits "A" through "E" are hereby
incorporated herein by this reference as though fully set
forth in full.
16. Authority to Execute. The persons executing this Agreement.
warrant and represent that they have the authority to execute this
Agreement on behalf of the entity for which they are executing this
Agreement, and further warrant and represent that they have the
authority to bind their respective Party to the performance of its
obligations hereunder.
17. Recordation. This Agreement and any amendment or modification
hereto or cancellation hereof shall be recorded in the Office of
the County Recorder of the County of Orange, by the City Clerk
within the period required by Section 65868.5 of the Government
Code.
0C2RRYJM1CMVPACMEVAGM .05A
12
THE IRVINE COMPANY
A Michigan corporation
By:
0
•
07[2491 2-0lp - _
i
•
Its:
By:
Its:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Its: Mayor
ATTEST:
City Clerk
0 APPROVED AS TO FORM:
Robert H. Burnham
City Attorney
0C2RRKBCnCVRVPAQDEVAGKr..05A 13
07001 2iRpm
01/06/92 15:29 FAX 714 720 2421
T8E IRVI \E CO. x]002/605.
]D=rr "A"
CIVIC PLAZA
Legal Description •
Parcels 1, 2 and 3, as shown on a Map filed in Book 81, pages 8 and 9 of Parcel
Maps, in the office of the County Recorder of Orange County, California.
i
/
01/06/92 15:30 FAX 714 720 2421 THE IRVIA`E CO. Q003/005
�.IIS y
CORPORATE PLAZA
Legal Description
•
•
Parcels 1 to 20 inclusive, and Parcels A and B, as shown on a Map filed in Book
93, pages 45 and 46 of Parcel Maps, in the office of the County Recorder of
Orange County, California.
01:06/92 15:30 RU 714 720 2421 THE IRVINE CO. dj004 /005
I�►A'I1: �
Legal Description •
Parcel A:
That portion of Block 93 of Irvine's Subdivision, as shown on a Map recorded in
Book 1, page 88 of Miscellaneous Record Maps, records of Orange County,
California, bounded as follows:
Bounded Northwesterly by the Southeasterly line of Parcel 1 of Parcel Map No.
79 -704, as shown on a Map Bled in Book 152, pages 17, 18, 19 and 20 of Parcel
Maps, in the office of the County Recorder of Orange County, California;
Bounded Northerly by the general Southerly line of the land shown on Parcel Map
filed in Book 92, pages 13 and 14 of said Parcel Maps, and by the Southerly line
of Parcel 2 of said Parcel Map No. 79 -704;
Bounded Southeasterly by the Northwesterly line of Newport Center Drive, as
shown on a Map of Tract No. 6015 recorded in Book 239, pages 28 to 41.
inclusive, of Miscellaneous Maps, records of said Orange County; and
Bounded Southwesterly by the Northeasterly line of East Coast High, as shown on
said Tract No. 6015.
Parcel B:
Parcel 2 of Parcel Map No. 79 -704, as shown on a Map filed in Book 152, pages
17, 18,-19 and 20 of Parcel Maps, in the office of the County Recorded of Orange
County, California.
01/06/92
I
•
15:30 FAX 711 720 2421 THE IRVINE CO.
1.11:
Legal Description
Q005/005
That portion of Block 93 of Irvine's Subdivision, as shown on a Map recorded in
Book 1, page 88 of Miscellaneous Record Maps, records of Orange County,
California, Bounded as follows:
Bounded Northeasterly by the Southwesterly line of San Joaquin Hills Road, as
shown on a Map of Tract No. 6015 recorded in Book 239, pages 28 to 41
inclusive, of Miscellaneous Maps, records of said Orange County;
Bounded Northwesterly by the centerline of Avocado Avenue, as shown on Parcel
Map No. 84-706 filed in Book 192, pages 1 and 2 of Parcel Maps, in the office of
the County Recorder of said Orange County, Parcel Map No_ 83 -729 filed in Book
193, pages 17 and 18 of said Parcel Maps, Parcel Map filed in Book 25, page 1
of said Parcel Maps and Parcel Map filed in Book 56, page 46 of said Parcel
Maps, and Northwesterly by the Southeasterly line of Avocado Avenue as shown
on Parcel Map filed in Bood 93, pages 45 and 46 of said Parcel Maps;
Bounded Southeasterly by the Northwesterly line of MacArthur Boulevard; and
Bounded Southwesterly by the Northeasterly line of East Coast Highway.
Excepting therefrom that portion included within San Miguel Drive.
�d
EXHIBIT "1319
•
Library Land Exchange Agreement Parcels January 6,1992
Parcels 500
•
EXHIBIT "C"
CIVIC PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
YAI
EXHIBIT "C"
TABLE OF CONTENTS
Introduction....................................................................................................
Page
SECTION I
STATISTICAL ANALYSIS .................
Pages
SECTION H
GENERAL NOTES .............................
Page6
SECTION III
CIVIC, CULTURAL ............................
Page 7
BUSINESS AND PROFESSIONAL
OFFICES
Sub - Section A
Intent .................. ...............................
Page 7
Sub - Section B
Permitted Uses .... ...............................
Page 7
Sub - Section C
Building Location ...............................
Page 7
Sub - Section D
Buildi.ig Height .. ...............................
Page 7
Sub - Section E
Parking ..............................................
Page 7
Sub - Section F
Landscaping ........ ...............................
Page8
Sub- Section G
Loading Areas ..... ...............................
Page8
Sub- Section H
Refuse Collection Areas ......................
Page8
Sub - Section I
Telephone and Electrical Service........
Page 8
Sub - Section J
Signs ................... ...............................
Pages 9 - 10
•
EXHIBIT "C"
-3-
PLANNED COMMUNITY DISTRICT REGULATIONS
For Civic Plaza
Ordinance No. 1649, adopted by the City of Newport Beach on December 22, 1975 (Amendment
No. 455)
•
Amendment No. 1 March 12, 1979
P.C. Amendment No 527; Resolution No. 9517
Amendment No. 2 November 23 1987
P.C. Amendment No 653; Resolution No. 7 -164
•
MY
EXHIBIT "C"
-'1-
INTRODUCTION
The Civic Plaza Planned Community District for the City of Newport Beach is a part of the
Newport Center Development in conformance with the Newport Beach General Plan which
was adopted in December 1973.
The subject property is located in the northwestern area of Newport Center. It is adjacent to San
Joaquin Hills Road on the north, Santa Cruz and San Clemente Drives on the east, Santa is
Drive on the south, and an existing police station, fire station, automobile agency and
service station on the west.
The purpose of this PC (Planned Community) district is to provide a method whereby property
may be classified and developed for civic and cultural activity and commercial, professional
and business offices. The specifications of this district are intended to provide flexibility in
both the land use and development standards for the planned building groups.
i 0
•
•
EXHIBIT "C"
CIVIC PLAZA
C�
M
SAN JOAQUIN HILLS ROAD
Service Cn
:i
Station D
Z
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Au 1
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Agency 9
Y
Police Dept
_
Fir E
e R
De P t
CC
Z
LU
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7
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LEGEND
C/V/C / CULTURAL / PROFESSIONAL / OFFICE
CIVIC PLAZA
C�
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EXHIBIT "C��
JAMBO p
— ROAD
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PA RT
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cw�c PLAZA
'g ORT CFNTER
SE� SITE PLAN SU
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En
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C.RADVG PLM
CIewpoFrr CENTER
EXHIBIT "C"
-5-
SECTION I. STATISTICAL ANALYSIS
Civic Plaza
1. Proiect Area
Net Acreagel
2. Percentage of Site Coverage (Site Plan)
a. Building Footprint
b. Parking Area
C. Landscape
3. Square Footages of Uses
Office Parke
Art Museum
0
26.12
15 -20%a
45 -50 %
35 -40%
ji ;%g6�q. Ft.
30,000 Sq. Ft.
I Net Acreage Site area within the existing property lines.
2 February 1, 1991 existing square footage allowable is 250,111 (Land Use Element of the City
of Newport Beach, Resolution No. 88 -100, October 24, 1988).
•
•
I' J /
•
•
EXHIBIT "C"
-6-
SECTION II. GENERAL NOTES
1. Water within the Planned Community area will be furnished by the City of Newport
Beach.
2. Sewage disposal facilities within the Planned Community will be provided by Orange
Countv Sanitation District No. 5.
3. The subject property is within the City of Newport Beach. The Developer will provide
the necessary flood protection facilities under the jurisdiction of the City of Newport
Beach.
4. Grading and erosion control provisions shall be carried out on all areas of the Planned
Communitv in a manner meeting the approval of the Director of Planning.
D. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach
Zoning Code shall apply.
The contents of this supplemental text notwithstanding, no construction shall be proposed
within the boundaries of this Planned Community District except that which shall
comply with all provisions of Newport Beach's Uniform Building Code and the various
mechanical codes related thereto.
6. Parking lot lighting shall be subject to the review and approval of the Director of
Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on
adjacent residential areas.
7. All mechanical appurtenances on building roof tops and utility vaults shall be screened
from street level view in a manner meeting the approval of the Director of Planning.
S. Prior to the issuance of grading permits, the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance with
adopted City polices.
9. In the event that any non - office facility were to be eliminated from the project, the
eliminated facility would be replaced with the equivalent amount of office space.
10. That a pedestrian and bicycle trail system be reviewed and approved by the Director of
Planning.
_;�
EXHIBIT "C"
-7-
SECTION III. CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES
A. Intent
The intent of this district is to permit the location of a combination of civic, cultural,
business and professional office uses, and support commercial activities engaged in the
sale of products to the general public.
B. Permitted Uses
The following shall be permitted:
1. Retail sales and service of a convenience nature.
2. Administrative and professional offices.
3. Restaurants. Subject to Use Permit.
4. Institutional, financial and governmental facilities.
5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
C. Building Location
All buildings shall be located in substantial conformance with the approved site plan.
D. Buildins Height
All buildings and appurtenant structures shall be limited to a maximum height of sixty -
five (65) feet.
E. Parking
Adequate off - street parking shall be provided to accommodate all parking needs for the
site. The intent is to eliminate the need for any on- street parking.
Required off -street parking shall be provided on the site of the use served, or on a common
parking area in accordance with the off -street parking requirements of City of Newport
Beach Planning and Zoning Ordinance.
Parking for the museunf shall be based on 3.5 spaces/ 1,000 square feet of gross Floor area.
•
•
Adak
•
EXHIBIT "C"
-S-
Landscaping
Detailed landscaping and irrigation plans, prepared by a licensed landscape architect,
licensed landscaping contractor, or architect shall be reviewed by the Director of Parks,
Beaches and Recreation.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Screening
Areas used for parking shall be screened from view or have the view interrupted by
landscaping, and /or fencing from access streets, and adjacent properties.
Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and /or trees.
2. LandscaRing- Vehicle Separation
All landscaped areas shall be separated from adjacent vehicular areas by a wall or
curb, at least six (6) inches higher than the adjacent vehicular area.
Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be provided
in the parking area.
G. Loading Areas
Street side loading shall be allowed providing the loading dock is screened from
view from adjacent streets.
H. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access streets,
and adjacent property. Said screening shall form a complete opaque screen.
I. Telephone and Electrical Service
All "on site" electrical lines (excluding transmission lines) and telephone lines shall be
placed underground. Transformer or terminal equipment shall be visually screened from
view from streets and adjacent properties.
2. No refuse collection area shall be permitted between a frontage street
and the building line.
. ;'
Si ,_ns
2.
3.
4.
EXHIBIT "C"
-9-
Building Address Sign
Building address numerals shall be a maximum of two (2) feet in height and shall
be consistent with the building identification signing.
Building address number shall face 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. •
Project /Building Identification Sign
Project and /or building identification signs are permitted at major entry access
drives from adjacent frontage streets, provided that they comply with the City of
Newport Beach site distance requirement 110 -L.
The identification signage is permitted in the form of a free - standing (single or
double faced) monument sign. The sign copy shall be restricted to the project or-
building name and street address. Individual letter heights shall not exceed
eighteen (I8) inches.
Tenant Identification Signs
Tenant identification signs are permitted and are divided into two (2) categories:
- Primary Tenant
- Secondary Tenant
Tenant identification signs are to be wall- mounted graphics, consisting of
individually fabricated letters. Box or "can" signs are not permitted.
The maximum number of primary tenant signs permitted on any one building
elevation is two (2).
Each secondary tenant shall be limited to one (1) identification sign. •
The maximum letter height of a primary tenant sign shall not exceed twenty-four
(Winches. The maximum letter height of a secondary tenant sign shall not exceed
sixteen (16) inches.
Sign copy shall be restricted to identification of the person, firm, company or
corporation operating the use conducted on the site.
General Sign Standards
Signs (to include all those visible from the exterior of any building) may be
lighted but no sign or any other contrivance shall be devised or constructed so
as to rotate, gyrate, blink or move in any animated fashion.
S�
EXHIBIT "C"
-10-
5. Temporary Signs
The following guidelines are intended to produce a consistent sign design for
temporary signs within Newport Center. All temporary signs require the
approvals of the City of Newport Beach and The Irvine Company.
Temporary signs are to identify the future site, project or facility under
development on individual project sites.
Information on this sign is limited to:
• _ For Sale, For Lease, Future Home of, Building /Project Name, etc.
Type or Name of Development
Type and Area of Space Available
Major Tenant or Developer
Financial Institution
General Contractor
Architect
Leasing Agent
Occupancy Date
Phone Number
Irvine Company or Irvine Company Project Name and Logo
Location: One temporary sign is permitted on site for each frontage street.
These signs may be single or double -faced and parallel or
perpendicular to the roadway.
Design: All temporary signs are to be built in substantial conformance to The
Irvine Company corporate design standards as shown on the
following page.
Longevity: Signs can exist from the time of lease or sale of the parcel until
construction and /or leasing of the facility is complete.
•
1-516
EXHIBIT "C"
i. ,.
Page 3 216/91
Future Home of
.A.inerican Products
31 '-dinology Dr.
(714) 551 °1500
eQOKE4: Company
mac,: frank Lloyd Wright
Johnson Construction
THE IRVINE CC UPANY
•
EXHIBIT "C"
•
CORPORATE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
•
EXHIBIT "C"
-2-
TABLE OF CONTENTS
Introduction..................................................................... ............................... Page •
SECTION I STATISTICAL ANALYSIS ................. Page 4
SECTION II GENERAL NOTES ............................. Pages 5 - 6
SECTION III DEFINITIONS .... ............................... Page 7
SECTION 1V BUSINESS, PROFESSIONAL............ Page 8
AND COMMERCIAL
Sub - Section A Intent .................. ............................... Page 8
Sub - Section B Permitted Uses .... ............................... Page 8
Sub - Section C Building Location ............................... Page 8
Sub - Section D Buildi -ig Height .. ............................... Page 8
Sub - Section E Parkir g ............... ............................... Page 9
Sub - Section F Landscaping ........ ............................... Page 9
Sub - Section G Loading Areas ..... ............................... Page 9
Sub - Section H Storage Areas ...... ............................... Page 9
Sub - Section I Refuse Collection Areas ...................... Page 10
Sub - Section J Telephone and Electrical Service........ Page 10
Sub - Section K Signs ................... ............................... Pages 10 - I I
•
EXHIBIT "C"
-3-
INTRODUCTION
• The Corporate Plaza Planned Community District for the City of Newport Beach is a part of
the Newport Center Development in conjunction with the South Irvine Ranch General Land Use
Plan and the Newport Beach General Plan which was adopted in December 1973.
The purpose of this PC (Planned Community) District is to provide a method whcrebv property
may be classified and developed for commercial activity, professional and business offices. The
specifications of this district are intended to provide flexibility in both the land use and
development standards for the planned building groups.
•
v4
EXHIBIT "C"
PACIFIC COAST HIGHWAY
LEGEND
PROFESSIONAL / OFFICE / COMMERCIAL
CORPORATE PLAZA
L�
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•
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EXHIBIT "Cif
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CORPORATE PLAZA
NEWPORT CENTER
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5
SETBACKS SITE PLAN
60
EXHIBIT ,Cn
CORPORATE PLAZA
NEWPORT CENTER
"&-P K Bears, Ca
SIGHT PLANE PLAN
•
i
Qz:
•
CORPORATE PLAZA
NEWPORT CENTER
mew Beau,. CA
Am
EXHIBIT IICII
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EXHIBIT "C"
-4-
SECTION L STATISTICAL ANALYSIS
Corporate Plaza
1. Project Area
Gross Acreage 47.8
Net Acreage 40.4
2. Percemaee of Site Covers
a. Building Footprint 15-20
b. Parking Area 40 -45
C. Landscape 40 -45
3. Maximum building Floor area will not exceed 432,320 square feet.
4. The square footage of individual building sites are tentative and subject to adjustment as
long as the limitations on total development arc not violated. Any adjustment in the
square footages for each building site shall be reviewed and approved by the Planning
Director.
n
0
1�
•
�J
J
EXHIBIT "C"
-5-
SECTION II. GENERAL NOTES
1. Grading outside an area submitted under the Planned Development Ordinance but within
the Planned Community area will be permitted upon securing of a grading permit.
2. Water within the Planned Community area will be furnished by the City of Newport
Beach.
3. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5.
4. The subject property is within the City of Newport Beach. The Developer will provide
the necessary flood protection facilities under the jurisdiction of the City of Newport
Beach.
5. Erosion control provisions shall be carried out on all areas of the Planned Community in a
manner meeting the approval of the Director of Planning.
6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach
Zoning Code shall apply.
The contents of this supplemental text notwithstanding, no construction shall be proposed
within the boundaries of this Planned Community District except that which shall
comply with all provisions of Newport Beach's Uniform Building Code and the various
mechanical codes related thereto.
7. Parking lot lighting shall be subject to the review and approval of the Director of
Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on
adjacent residential areas.
8. All mechanical appurtenances on building roof tops and utility vaults shall be screened
from street level view in a manner meeting the approval of the Director of Planning.
9. Prior to the issuance of grading permits, the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance with
adopted City polices.
10. Any future signal light on East Pacific Coast Highway at the private street intersection
will be the responsibility of The Irvine Company.
11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
reviewed and approved by the Traffic Engineer.
e
12. The intersections at private streets and drives shall be designed to provide sight distance
for a speed of 30 miles per hour. Slopes landscape, walls and other obstructions shall be
considered in the sight distance requirements. Landscaping within the sight line shall
not exceed twenty-four inches in height. The sight distance requirement may be modified
at non - critical locations, subject to approval of the Traffic Engineer.
/-
EXHIBIT "C"
-6-
13. Prior to occupancy of any structures, easements for public emergency and security ingress,
egress and public utility purposes should be dedicated to the City over all private streets.
14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain
facilities shall be reviewed and updated to current standards and any modifications or
extensions to the existing storm drain, water and sewer systcros shown to be required by
the review shall be the responsibility of the developer unless otherwise provided for
through an agreement with the property owner. The review of the storm drain master
plan will require the submittal of hydrology and hydraulic studies to the Public Works
Department for review and approval. The hydrology study shall include both on -site is
and off -site drainage to determine the measures necessary to protect the subject
development from flooding during a 100 year storm frequency. The developer may be
required to install retention basins upstream from the proposed development or enlarge
the existing downstream storm drain system to satisfy the requirement.
15. The northerly entrance /exit on Avocado Avenue shall be designed for a right turn in and
out, ONLY. The design shall provide for an island that restricts left turns. This
requirement may be waived if the drive'vay lines up with the access to the parcel
easterly of Avocado Avenue and the Cit! incurs no additional costs to relocate their
proposed access to the library site.
•
EXHIBIT "C"
-7-
• SECTION III. DEFINITIONS
Advertising Surface of a Sign
The total area of the face of the sign structure, excluding supports.
Area of Elevation
Total height and length of a building as projected to a vertical plane.
Setbacks from Street Corners
Setbacks from street corners shall be established as that point of intersection of the required
setback lines from access streets, prolonged to point of intersection.
M
EXHIBIT "C"
10
SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL
A. Intent
The intent of this district is to permit the location of a combination of business and
professional office uses, and light general commercial activities engaged in the sale of
products to the general public.
Permitted Uses
The following shall be permitted:
Retail sales and service of a convenience nature.
2. Administrative and professional offices (excluding medical offices).
3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be subject to
the securing of a use permit in each case. Facilities other than indoor dining
establishments or those that qualify as outdoor, drive -in or take -out
establishments shall be subject to the City of Newport Beach regulations covering
drive -in and outdoor establishments.
Restaurant uses shall not be permitted on Building Site Numbers 3, 4, or 5.
4. Institutional, financial and governmental facilities.
S. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
7. Drive -up teller units, subject to the review of the on -site parking and circulation
plan by the City Traffic Engineer and approved by the Director of Planning.
C. Building Location
All buildings shall be located in substantial conformance with the approved site plan.
D. Building Height
All buildings and appurtenant structures shall be limited to a maximum height of thirty -
two (32) feet, with the exception of Building "22 " which shall be permitted up to the
limit established by the sight plane and the extension of the sight plane northerly to
Farallon Drive and souSherly to Pacific Coast Highway.
is
is
0
EXHIBIT "C"
-9-
E. Parkine
Adequate off - street parking shall be provided to accommodate all parking needs for the
site. The intent is to eliminate the need for any on- street parking.
Required off - street parking shall be provided on the site of the use served, or on a common
parking area in accordance with the off - street parking requirements of City of Newport
Beach Planning and Zoning Ordinance.
• F. Landscaping
Detailed landscaping and irrigation plans, prepared by a licensed landscape architect,
licensed landscaping contractor, or architect shall be reviewed by the Director of Parks,
Beaches and Recreation. In no case shall any landscaping penetrate the sight plane
ordinance established by the sight plane for Harbor View Hills.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Screening
Areas used for parking shall be screened from view or have the view interrupted by
landscaping, and /or fencing from access streets, and adjacent properties.
Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and /or trees.
2. Landscaping- Vehicle Separation
All landscaped areas shall be separated from adjacent vehicular areas by a wall or
curb, at least six (6) inches higher than the adjacent vehicular area.
3. Parking Areas
• Trees, equal in number to one (1) per each five (5) parking.stalls shall be provided
in the parking area.
C. Loading Areas
Street side loading shall be allowed providing the loading dock is screened from
view from adjacent streets.
H. Storage Areas
All outdoor storage shall be visually screened from access streets, and adjacent
property. Said screening shall form a complete opaque screen.
2. No storage shall be permitted between a frontage street and the building line.
l(
K
EXHIBIT "C"
-10-
Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access streets,
and adjacent property. Said screening shall form a complete opaque screen.
2. No refuse collection area shall be permitted between a frontage street and the
building line.
Televhone and Electrical Service
All "on site" electrical lines (excluding transmission lines) and telephone liners shall be
placed underground. Transformer or terminal equipment shall be visually screened from
view from streets and adjacent properties.
Signs
Building Address Sign
Building address numerals shall be a maximum of two (2) feet in height and shall
be consistent with the building identification signing.
Building address number shall face 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.
2. Project /Building Identification Sign
Project and /or building identification signs are permitted at major entry access
drives from adjacent frontage streets, provided that they comply with the City of
Newport Beach site distance requirement 110-L.
The identification signage is permitted in the form of a free- standing (single or
double faced) monument sign. The sign copy shall be restricted to the project or
building name and street address. Individual letter heights shall not exceed
eighteen (18) inches.
Tenant Identification Signs
Tenant identification signs are permitted and are divided into two (2) categories:
Primary Tenant
Secondary Tenant
Tenant identification signs are to be wall - mounted graphics, consisting of
individually fabricated letters. Box or "can" signs are not permitted.
The maximum number of primary tenant signs permitted on any one building
elevation is two (2).
Each secondary tenant shall be limited to one (1) identification sign.
The maximum letter height of a primary tenant sign shall not exceed twenty-four
(24) inches. The maximum letter height of a secondary tenant sign shall not exceed
sixteen (16) inches.
•
EXHIBIT "C"
-I1-
Sign copy shall be restricted to identification of the person, firm, company or
corporation operating the use conducted on the site.
General Sign Standards
Signs (to include all those visible from the exterior of any building) may be
lighted but no sign or any other contrivance shall be devised or constructed so
as to rotate, gyrate, blink or move in any animated fashion.
• 5. Temporary Signs
The following guidelines are intended to produce a consistent sign design for
temporary signs within Newport Center. All temporary signs require the
approvals of the City of Newport Beach and The Irvine Company.
Temporary signs are to identify the future site, project or facility under
development on individual project sites.
Information on this sign is limited to:
- For Sale, For Lease, Future Home of, Building /Project Name, etc.
- Type or Name of Development
- Type and Area of Space Available
- Major Tenant or Developer
- Financial Institution
- General Contractor
- Architect
- Leasing Agent
- Occupancy Date
- Phone Number
- Irvine Company or Irvine Company Project Name and Logo
Location: One temporary sign is permitted on site for each frontage street.
These signs may be single or double -faced and parallel or
• perpendicular to the roadway.
Design: All temporary signs are to be built in substantial conformance to The
Irvine Company corporate design standards as shown on the
following page.
Longevity: Signs can exist from the time of lease or sale of the parcel until
construction and /or leasing of the facility is complete.
EXHIBIT "C"
i
Page 3 2!6/9 1
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Future Home of
American Products
31 Technology Dr.
(714) 551 -1500
enw.m Company
ecr: Frank Lloyd Wright
Ca-AAC`Ka: Johnson Construction
THG IRVINE COMPANY
•
EXHIBIT "C"
•
CORPORATE PLAZA WEST
PLANNED COMMUNITY DISTRICT REGULATIONS
•
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EXHIBIT "C"
-2-
TABLE OF CONTENTS
Introduction.....................................................................
...............................
Page
SECTION I
STATISTICAL ANALYSIS .................
Page
SECTION II
GENERAL NOTES .............................
Page 5
SECTION III
DEFINITIONS .... ...............................
Page 6
SECTION IV
BUSINESS, PROFESSIONAL............
Page 7
AND COMMERCIAL
Sub - Section A
Intent .................. ...............................
Page 7
Sub - Section B
Permitted Uses .... ...............................
Page 7
Sub - Section C
Building Locat ion ...............................
Page 7
Sub - Section D
Building Height .. ...............................
Page 7
Sub - Section E
Parking ............... ...............................
Page 7
Sub - Section F
Landscaping ........ ...............................
Page
Sub - Section G
Loading Areas ..... ...............................
Page 8
Sub - Section H
Storage Areas ...... ...............................
Page 8
Sub - Section I
Refuse Collection Areas ......................
Page 8
Sub - Section I
Telephone and Electrical Service........
Page 8
Sub - Section K
Signs ................... ...............................
Pages 9 - 10
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EXHIBIT "C"
-3-
INTRODUCTION
• The Corporate Plaza West Planned Community District for the City of Newport Beach is a
part of the Newport Center Development, and has been developed in accordance with the
Newport Beach General Plan.
The purpose of this PC (Planned Community) District is to provide a method whereby property
may be classified and developed for commercial activity, professional and business offices. The
specifications of this district are intended to provide land use and development standards
supportive of the development proposal contained herein while insuring compliance with the
intent of all applicable regulatory codes.
•
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EXHIBIT 1,Clt
it-, HIGHWAY
LEGEND
=PROFESSIONAL / OFFICE / COMMERCIAL
CORPORATE PLAZA WEST
41
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Ali
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EXHIBIT "C"
�
E A S T C 0 A S T H I G H W A Y
- - - -1 -
CORPORATE PLAZA WEST
NEWPORT CENTER
Newport Seam. G.
SE nl4CKS VTE PLAr7 ILl IJ ..» _..._
7�
EXHIBIT "C"
F--7
E A S T C 0 A S T H I G H W A Y
CORPORATE PLAZA WEST
NEWPORT CENTER
roevMn Beach. C4
1
SIGHT PLAW i LJ c
i
in
EXHIBIT "C"
E A S T
CORPORATE PLAZA WEST
NEWPORT CENTER
NewpW Beare, CA
1 01MM M
GRADING PLAN
HIGHIVAY
GRADING PLAN
EXHIBIT "C"
-4-
SECTION I. STATISTICAL ANALYSIS
Corporate Plaza West
1. Project Area •
Net Acreage 12.7
2. Percentage of Site Coverage
a. Building Footprint 15-20
b. Parking Area 40-45
C. Landscape 40-45
3. Maximum building Floor area will not exceed 145,000 square feet.
4. The square footage of individual buildings sites are tentative and subject to adjustment as
long as the limitations on total development are not violated. Any adjustment in the
square footages for each building site shall be reviewed and approved by the Planning
Director.
5. Preliminary
Pad elevations shown are preliminary and subject to revisions which may result from a
site survey and preparation, and City review and approval of the final grading plan.
0
•
EXHIBIT "C"
-5-
SECTION R. GENERAL NOTES
1. Grading within the Planned Community area will be permitted upon securing of a grading
permit.
2. Water within the Planned Community area will be furnished by the City of Newport
Beach.
3. Sewage disposal facilities within the Planned Community will be provided by Orange
County Sanitation District No. 5.
4. The subject property is within the City of Newport Beach. The Developer will provide
the necessary flood protection facilities under the jurisdiction of the City of Newport
Beach.
S. Erosion control provisions shall be carried out on all areas of the Planned Community in a
manner meeting the approval of the Planning Department.
6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach
Zoning Code shall apply.
The contents of this supplemental text notwithstanding, no construction shall be proposed
within the boundaries of this Planned Community District except that which shall
comply with all provisions of Newport Beach's Uniform Building Code and the various
mechanical codes related thereto.
7. Parking lot lighting shall be subject to the review and approval of the Director of
Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on
adjacent residential areas.
8. All mechanical appurtenances on building roof tops and utility vaults shall be screened
from street level view in a manner meeting the approval of the Planning Department.
9. Prior to the issuance of grading permits, the site shall be examined to determine the
existence and extent of archaeological and paleontological resources in accordance with
adopted City polices.
10. The on -site parking, vehicular circulation and pedestrian circulation systems shall be
reviewed and approved by the City Traffic Engineer.
11. The intersections at private streets and drives shall be designed to provide sight distance
as specified in drawing No. STD -110 -L of the City Public Works design criteria. Slopes
landscape, walls and other obstructions shall be considered in the sight distance
requirements. Landscaping within the sight line shall not exceed twenty -four inches in
height. The sight distance requirement may be modified at non - critical locations, subject
to approval of the City Traffic Engineer.
12. Prior to occupancy of any structures, easements for public emergency and security ingress,
egress and public utility purposes shall be dedicated to the City over all private streets.
13. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain
facilities shall be reviewed and updated to current standards and any modification or
extensions to the existing storm drain, waterand sewer systems shown to be required by
the review shall be the responsibility of the developer, unless otherwise provided for
through an agreement with the property owner.
EXHIBIT "C"
ME
SECTION III. DEFINITIONS
Advertising Surface of a Sign
The total area of the face of the sign structure, excluding supports.
Area of Elevation
Total height and length of a building as projected to a vertical plane.
Setbacks from Street Corners
Setbacks from street comers shall be established as that point of intersection of the required
setback lines from access streets, prolonged to point of intersection.
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EXHIBIT "C"
-7-
SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL
A. Intent
The intent of this district is to permit the location of a combination of business and
professional office uses, and light general commercial activities engaged in the sale of
products to the general public.
• B. Permitted Uses
The following shall be permitted:
1. Retail sales and service of a convenience nature.
2. Administrative and professional offices (excluding medical offices).
3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be subject to
the securing of a use permit in each case. Facilities other than indoor dining
establishments or those that qualify as outdoor, drive -in or take -out
establishments shall be subject to the City of Newport Beach regulations covering
drive -in and outdoor establishments.
4. Institutional, financial and governmental facilities.
5. Civic, cultural, commercial recreational and recreational facilities.
6. Parking lots, structures and facilities.
7. Drive -up teller units, subject to the :•eview of the on -site parking and circulation
plan by the City Traffic Engineer and approved by the Planning Department.
C. Building Location
• All buildings shall be located in substantial conformance with the approved site plan.
D. Building Height
All buildings and appurtenant structures shall be limited to a maximum height of thirty -
two (32) feet provided further that they extend no higher than the extension of the sight
plane established by Ordinance No. 1596 for Corporate Plaza.
E. Parking
Adequate off - street parking shall be provided to accommodate all parking needs for the
site. The intent is to eliminate the need for any on- street parking.
Required off - street parking shall be provided on the site of the use served, or on a common
parking area in accordance with the off - street parking requirements of City of Newport
Beach Planning and Zoning Ordinance.
0 j
EXHIBIT "C"
-8-
Landscaoine
Detailed landscaping and irrigation plans, prepared by a licensed landscape architect,
licensed landscaping contractor, or architect shall be reviewed by the Director of Parks,
Beaches and Recreation. All landscaping shall be installed and maintained so as not to
penetrate the extension of the Sight Plane established for the Corporate Plaza Planned
Community in Ordinance No. 1596.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Screening
Areas used for parking shall be screened from view or have the view interrupted by
landscaping, and /or fencing from access streets, and adjacent properties.
Plant materials used for screening purposes shall consist of lineal or grouped masses
of shrubs and /or trees.
2. Landscaping- Vehicle Separation
All landscaped areas shall be separated from adjacent vehicular areas by a wall or
curb, at least six (6) inches higher than the adjacent vehicular area.
3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be provided
in the parking area.
G. Loading Areas
M
Street side loading shall-be allowed providing the loading dock is screened from
view from adjacent streets.
Storage Areas
All outdoor storage shall be visually screened from access streets, and adjacent
property. Said screening shall form a complete opaque screen.
No storage shall be permitted between a frontage street and the building line.
Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access streets,
and adjacent property. Said screening shall form a complete opaque screen.
Telephone and Electrical Service ,
All "on site" electrical lines (excluding transmission lines) and telephone lines shall be
placed underground. Transformer or terminal equipment shall be visually screened from
view from streets and adjacent properties.
•
•
Ili
a Z.
•
•
K. Si4ns
EXHIBIT "C"
IM
Building Address Sign
Building address numerals shall be a maximum of two (2) feet in height and shall
be consistent with the building identification signing.
Building address number shall face 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.
2. Project/ Building Identification Sign
Project and /or building identification signs are permitted at major entry access
drives from adjacent frontage streets, provided that they comply with the City of
Newport Beach site distance requirement 110-L.
The identification signage is permitted in the form of a free - standing (single or
double faced) monument sign. The sign copy shall be restricted to the project or
building name and street address. Individual letter heights shall not exceed
eighteen (18) inches.
Tenant Identification Signs
Tenant identification signs are permitted and are divided into two (2) categories:
Primary Tenant
Secondary Tenant
Tenant identification signs are to be wall - mounted graphics, consisting of
individually fabricated letters. Box or "can" signs are not permitted.
The maximum number of primary tenant signs permitted on any one building
elevation is two (2).
Each secondary tenant shall be limited to one (1) identification sign.
The maximum letter height of a primary tenant sign shall not exceed twenty-four
(24) inches. The maximum letter height of a secondary tenant sign shall not exceed
sixteen (16) inches.
Sign copy shall be restricted to identification of the person, firm, company or
corporation operating the use conducted on the site.
4. General Sign Starldards
Signs (to include all those visible from the exterior of any building) may be
lighted but no sign or any other contrivance shall be devised or constructed so
as to rotate, gyrate, blink or move in any animated fashion.
EXHIBIT "C"
-10-
5. Temporary Signs
The following guidelines are intended to produce a consistent sign design for
temporary signs within Newport Center. All temporary signs require the
approvals of the City of Newport Beach and The lrvine Company.
Temporary signs are to identify the future site, project or facility under
development on individual project sites.
Information on this sign is limited to:
For Sale, For Lease, Future Home of, Building/ Project Name, etc.
Type or Name of Development
Type and Area of Space Available
Major Tenant or Developer
Financial Institution
General Contractor
Architect
- Leasing Agent
- Occupancy Date
- Phone Number
- Irvine Company or Irvine Company Project Name and Logo
Location: One temporary sign is permitted on site for each frontage street.
These signs may be single or double -faced and parallel or
perpendicular to the roadway.
Design: All temporary signs are to be built in substantial conformance to The
Irvine Company corporate design standards as shown on the
following page.
Longevity: Signs can exist from the time of lease or sale of the parcel until
construction and /or leasing of the facility is complete.
0
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r 7
EXHIBIT "C"
Page 2/6/91
•
•
WIN
Future Home of
American Products
31 Technology Dr.
(714) 551.1500
BROKER: Company
.wcw.Ecr.. Frank Uoyd Wright
coNrn m q Johnson Construction
THE IRVINE CDMPANY
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