HomeMy WebLinkAbout92-10 - Repealing Ordinance No. 91-46 and Approving Revised Development Agreement NOA for the Library Exchange Agreement Between the City of Newport Beach and the Irvine CompanyORDINANCE NO. 92_10
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
REPEALING ORDINANCE NO. 91 -46 AND
APPROVING REVISED DEVELOPMENT AGREEMENT NOA
FOR THE LIBRARY EXCHANGE AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH
• AND THE IRVINE COMPANY
The City Council of the City of Newport Beach DOES ORDAIN as follows:
SECTION 1. Ordinance No. 91 -46 is hereby repealed.
SECTION 2. 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. Revised 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
hearings were held by the Planning Commission and the City Council to consider Revised
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 3. Pursuant to Chapter 15.45 of the Newport Beach Municipal Code
establishing procedures and requirements for the consideration of development agreements,
Revised Development Agreement No. 4 for the Library Exchange Agreement, attached
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hereto as Exhibit "A", is hereby approved.
SECTION 4. 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 5. 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 13th day of April , 1992, and was adopted on the
27th day of April 1992, by the following vote, to wit:
AYES, COUNCIL MEMBERS FLEDGES,
TURNER, SANSONE, HART, COX, PLLINALER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS WATT
MAYOR
CITY CLERK
Attachment
Exhibit "A": Revised Development Agreement No. 4 for the Library Exchange Agreement
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EXEMPT RECORDING REQll_ )ER
GOVERNMENT CODE 6103
RECORDING REQUESTED BY'�� "-'
AND WHEN RECORDED RETURN TO: z in G °_OP dS
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City Clerk //�� Lee ? wi ; n r r
City of Ne SrrBeach 71
330 Newport Boulevard,
Newport Beach, California 92663 -3884
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• AGREEMENT FACILITATING RECEIVED
19 1992
LIBRARY EXCHANGE
CITY Of
(Pursuant to Government Code Sections 65864 - 65869.
This AGREEMENT FACILITATING LIBRARY EXCHANGE (,the
"Agreement ") is entered into this 27 xv day of 3uty 0
1992, by and between the City of Newport Beach, California, 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."
This Agreement applies to and shall be recorded, pursuant to
Government Code section 65868.5, against that real property
described in Exhibit A, which description is incorporated by this
reference. As required by Government Code section 65865, the
Company is the fee owner of the real property described in Exhibit
A, or has an equitable interest in it by reason of the Exchange
Agreement described below.
RECITALS
• A. Company and City have entered into an EXCHANGE AGREEMENT AND
ESCROW INSTRUCTIONS dated October 10, 1990, and amended effective
April 14, 1992, (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 ").
B. Section 6.2 of the Exchange Agreement provides, among other
things, that the City will either reimburse Company for City's
acquisition of the New Library in cash equal to the difference in
value between the New Library and the old library property, or will
provide all discretionary land use approvals necessary for Company
to (i) construct 95,550 square feet of office space in Civic Plaza,
and (ii) transfer a total of 85,000 square feet of office
development from Newport Village to the Corporate Plaza Planned
Community ( "Corporate Plaza ").
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C. City and Company now wish to satisfy that contingency by
entering into an agreement securing for Company the right to (i)
construct 95,550 square feet of office space in Civic Plaza, and
(ii) construct an additional total of 85,000 square feet of office
development in Corporate Plaza, 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
investment in and commitment to comprehensive planning and public
facilities financing; (ii) strengthen the public planning process
and encourage private implementation of the local general plan;
(iii) provide certainty in the approval of projects in order to
avoid waste of time and resources; and (vi) reduce the economic
costs of development by providing assurance to the property owners
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 parcels
comprising the Property and indicates the portions of the Property
referred to in this Agreement as Civic Plaza and Corporate Plaza,
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,
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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." 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 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.
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2.3 Compliance with Chapter 15.40. With respect to
construction of the 85,000 square feet of entitlement
transferred from Newport Village to Corporate Plaza, and
construction of the additional 30,000 square feet of
entitlement (over and above the first 65,550 square feet)
transferred from Newport Village to Civic Plaza, Company shall
comply with Chapter 15.40 of the Newport Beach Municipal Code
(the 11TPO") 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
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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
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 Senef its 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 95,550 square feet of office space in Civic
Plaza, and (ii) construct a total of 85,000 square feet of
office development in Corporate Plaza, 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 preserving
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.
3. Rules Regulations and Official Policies.
3.1 New 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
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(c) Regulations which are in conflict with this
Agreement or the Exchange Agreement, if such Regulations
have been consented to in 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.
• 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 3.3(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 Hearings: Regardless of whether the Parties
reach any tentative agreement on the matters involved in
the modification conference required by Section 3.3(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
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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
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.
S. 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.
Code Section 65865.1, if
public hearing and on the
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Pursuant to California Government
City determines following a noticed
basis of substantial evidence that
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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
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
jure, 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 •
scope of the Project, and due to
practical or possible to restore
condition once implementation of
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Due to the size, nature and
the fact that it may not be
the Property to its natural
this Agreement has begun, the
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Parties acknowledge that, except as provided in section 9.4,
money damages and 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.
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, 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 and the old
library property in Civic Plaza (the "Old Library
Property ") transferred to Company in exchange for the New
Library, 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 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 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 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 I 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
shall be the appraised value of the New Library 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
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Institute of Real Estate Appraisers or its successor, or
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.
(e) For purposes of all appraisals, the New Library
shall be appraised assuming (i) that the New Library 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 was for office
development, (iii) that the New Library 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 Civic Plaza 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 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 has been determined pursuant to the foregoing,
City shall pay to Company the appraised value of the New
• Library.
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
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prepaid, or shall be delivered by overnight courier, overnight
courier charges prepaid, and shall be addressed as follows:
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)
"D" 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 "D" 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.
OC2ZRKB\77GV RVPACOEVAGMT.05A
12
05R619210:52am
I
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.
• THE IRVINE COMPANY
A Michigan corporation
By:
Vice President /as(d General Counsel
Its:
c �` �(>
By: ! • l.` Jy0 6x
T. Patrick Smith
Senior Vice.Pr.esident.,
Its:
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Its: Mayor
• ATTEST: '
City Clerk
AS TO FORM:
Robert H. Bur:
City Attorney
0C2Z1RKK'nC%1RVPAC0EVAGMT.05A 13 05/26/92 10:52am
Aft
•
STATE OF CALIFORNIA
COUNTY OF ORANGE
ON July 27, 1992, BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
STATE, PERSONALLY APPEARED T. PATRICK SMITH AND PETER D. ZEUGHAUSER,
PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO
THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE
SAME IN THEIR AUTHORIZED CAPACITIES AND THAT BY THEIR SIGNATURES ON THE
INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS
ACTED, EXECUTED THE INSTRUMENT.
WITNESS MY HAND AND OFFICIAL SEAL.
CAROLE M. ZAFFINO
NOTARY PUBLIC IN A D FOR
SAID COUNTY AND STATE
"OFFICIAL SFAL C MZAFFINO
NOTARY PUBLIC-DLIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MY Commission F ores Jul' 31. m%
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
on this 27th day of July, in the year 1992, before me, the
undersigned, a Notary Public in and for said State, personally
appeared PHIL SANSONE, Mayor of the City of Newport Beach,
•personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument, the entity upon behalf of which the person acted
executed the instrument.
WITNESS my hand and official seal.
_�75_NQi�M (SEAL]
OFFICIAL SEAL
WILLIAM E. BROWN
.,� NOTARY PUBLIC • culFOR
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Dee. 8, 1992
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On this 27th day of July, in the year 1992, before me, the
•undersigned, a Notary Public in and for said State, personally
appeared WANDA E. RAGGIO, City Clerk of the City of Newport Beach,
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name is subscribed to
the within instrument and acknowledged to me that she executed the
same in her authorized capacity, and that by her signature on the
instrument, the entity upon behalf of which the person acted
executed the instrument.
WITNESS my hand and official seal.
OFFICIAL SEAL
WILLIAM E. BROWN
Z .a-7� ��.( _'.��.�jf�.0 /.+��' r� NOTARY PUBLIC CALIFORNIA
NOTARY PUBLIC — PR�N
My Commission EXP. D� 8, 1992
Aft
•
•
Agak
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On this 27th day of July, in the year 1992, before me, the
undersigned, a Notary Public in and for said State, personally
appeared ROBERT H. BURNHAM, City Attorney for the City of Newport
Beach, personally known to me (or proved to me on the haslis of
sa}?sf__ +__; et.ince) to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the
instrument, the entity upon behalf of which the person acted
executed the instrument.
WITNESS my hand and official seal.
,. oFFIcuL SEAL
WILLIAM E. BROWN
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE
COUNTY
NOTARY PUBLIC My Corrr�lnin^ �I�,,gea 8,1992
COUNTY
NOTARY PUBLIC My Corrr�lnin^ �I�,,gea 8,1992
EXHIBIT "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.
•
r
EXHIBIT "A"
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.
is
C7
EXHIBIT "A"
NEWPORT VILLAGE
Legal Description -
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.
Aft
•
EXHIBIT "B"
Library Land Exchange Agreement Parcels January 6,1992
� Parcels
Aillillilk
EXHIBIT "C"
• CIVIC PLAZA
PLANNED COMMUNrFY DISTRICT REGULATIONS
Amendment No. 729
City Council Resolution No. 92 -5
January 13, 1992
EXHIBIT "C"
-2-
TABLE OF CONTENTS
Introduction..............................:.................................................... .........................:..... Page 4
•SECTION I STATISTICAL ANALYSIS ...................... Page 5
SECTION II GENERAL NOTES ...... ............................... Page 6
SECTION III CIVIC, CULTURAL, BUSINESS
AND PROFESSIONAL OFFICES..... Page 7
Sub - Section A
Intent ................................ ...............................
Page 7
Sub - Section B
Permitted Uses ............... ...............................
Page 7
Sub - Section C
Building Location .......... ...............................
Page 7
Sub - Section D
Building Height .............. ...............................
Page 7
Sub - Section E
Parking ............................. ...............................
Page 7
Sub - Section F
Landscaping .................... ...............................
Page 8
Sub - Section G
Loading Areas ................ ...............................
Page 8
Sub - Section H
Refuse Collection Areas ..............................
Page 8
Sub - Section I
Telephone and Electrical Service ...............
Page 9
Sub - Section J
Signs .................................. ...............................
Page 9
•
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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. 87 -164
Amendment No. 3 January 13, 1992
P.C. Amendment No. 729; Resolution No. 92 -5
Aft _.
l EXHIBIT "C"
J -4-
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 Barbara 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 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.
•
r
•
•
Alft
EXHIBIT
JOAQU /N
CV/C PLAZA
•
7
i
i
11
I
t
EXHIBIT "C°
CIVIC
vww,n Beers. CA
AM
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prITA_CRUZ_DRIVE
/ 4
SETBACK SITE PLAN
1/
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•
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\ EXHIBIT "C"
CIVIC PLAZA
NEWPORT CENTER l
W�j ae". C4 GRADM PLAN {L! L1
z
\ EXHIBIT "C"
-5-
SECTION I. STATISTICAL ANALYSIS
Civic Plaza
• 1. Project Area
Net Acreage'
2. Percentage of Site Coverage (Site Plan)
a. Building Footprint
b. Parking Area
C. Landscape
3. Square Footages of Uses
Office Parr
Art Museum
•
26.12
15 -20%
45 -50%
35-40%
337,261 Sq.Ft.
30,000 Sq.Ft.
' Net Acreage Site area within the existing property lines.
Z 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).
EXHIBIT "C"
J -6-
SECTION I1. GENERAL NOTES
i. 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
County 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 Community in a manner meeting the approval of the Director of Planning.
5. 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.
8. 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.
Aak
\ EXHIBIT "C"
-7-
SECTION IV. 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. Building 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 museum shall be based on 3.5 spaces /1,000 square feet of gross floor
area.
_ jo
•
•
EXHIBIT "C"
J -8- 1
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.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
1. 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
1. Street side loading shall be allowed providing the loading dock is screened
from view from adjacent streets.
H. Refuse Collection Areas
1. 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.
\ EXHIBIT "C"
-9- i
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.
J. Si n
• 1. 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.
• 3. 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 "cad' 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.
Ank
\ EXHIBIT "C" \
-10- )
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 Standards
• a. 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.
MV
Page 3
•
•
EXHIB4- T. 9C "_ _
Future Home of
American Products
31 Technology Dr.
(714) 551 -1500
BROKER: Company
uoe*cr. Frank Lloyd Wright
CON ^.AACMR: Johnson Construction
v T"G RVINE CDMPANY
216191
•
•
Aft
EXHIBIT "C"
CORPORATE PLAZA
PLANNED COMMUNITY DISTRICT REGULATIONS
Amendment No. 728
City Council Resolution No. 92-4
January 13, 1992
EXHIBIT "C"
TABLE OF CONTENTS
Introduction.................................................................................. ............................... Page 3
•SECTION I STATISTICAL ANALYSIS ...................... Page 4
SECTION II GENERAL NOTES .... ........ Page 5
SECTION III DEFINITIONS ..................... ....................... Page 7
SECTION IV
BUSINESS, PROFESSIONAL
AND COMMERCIAL ..........................
Page 8
Sub - Section A
Intent ............................... ...............................
Page 8
Sub - Section B
Permitted Uses .............. ...............................
Page 8
Sub - Section C
Building Location ......... ...............................
Page 8
Sub - Section D
Building Height ............. ...............................
Page 8
Sub - Section E
Parking ............................ ...............................
Page 9
Sub - Section F
Landscaping .................. ...............................
Page 9
Sub- Section G
Loading Areas .............. .. ..... _.......................
Page 9
Sub - Section H
Storage Areas ................ ...............................
Page 10
Sub - Section I
Refuse Collection Areas .............................
Page 10
Sub - Section J
Telephone and Electrical Service .............
Page 10
Sub - Section K
Signs ................................. ...............................
Page 10
• G
r -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 whereby
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.
.. ....................... . .
•
Aft
EXHIBIT "C"
PACIFIC COAST HIGHWAY
LEGEND
PROFESSIONAL I OFFICE l COMMERCIAL
CORPORATE PLAZA 0 \14
6.3
1
EXHIBIT ,C,,
"j IV=T Camp
SCN7' AGAAE PLAN
EXHIBIT "C"
CORPORATE PLAZA
NEWPORT CENTER
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•
•
EXHIBIT 11C1t
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CORPORATE PLAZA
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EXHIBIT "C"
-4-
SECTION I. STATISTICAL ANALYSIS
Corporate Plaza
• 1. Project Area
Gross Acreage 47.8
Net Acreage 40.4
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 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 are not violated. Any
adjustment in the square footages for each building site shall be reviewed and
approved by the Planning Director.
•
Amk
L/
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.
)l EXHIBIT "C"
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.
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 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. 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 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 driveway lines up with the access to the
parcel easterly of Avocado Avenue and the City incurs no additional costs to relocate
• their proposed access to the library site.
l 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 comers shall be established as that point of intersection of the required
setback lines from access streets, prolonged to point of intersection.
�J r
l EXHIBIT "C"
J $
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:
is
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 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 southerly to Pacific Coast Highway.
•
•
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EXHIBIT ,C,,
-9-
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.
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.
1. Scrag
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
1. Street side loading shall be allowed providing the loading dock is screened
from view from adjacent streets.
EXHIBIT "C"
-10-
H. Storage Areas
1. 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.
• I. Refuse Collection Areas
1. 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.
J. Telephone and Electrical Service
All "on site" electrical line (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.
K. Simon
1. 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.
',`r
EXHIBIT "C"
-11-
3. 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 Standards
a. 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. 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
EXHIBIT "C"
1 -12-
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.
•
S0
0
Alm
EXHIBIT "C"
Page 2/6/91
Future Home of
American Products
31 Technology Dr.
(714) 5514500
BROKER: Company
APCWMCT: Frank Lloyd Wright
COmucmR: Johnson Construction
THe IRVINE COMPANY
0
EXHIBIT 'D'
LIBRARY LAND EXCHANGE AGREEMENT
PROJECT SCHEDULE
APRIL 20, 1992
DESCRIPTION
APR
MAY
JUN j
JUL
EIR
Notice of Preparation
Complete
Prepare Screencheck EIR
Complete
Screen Check Review
Complete
45 —day Public Review
Complete
P.C. TEXT
j Draft P.C. Text
Complete
City Review
Complete
PARCEL MAPS FOR NEW LIBRARY
Prepare Parcel Map
Complete
Screen Check
Complete
File Map
Complete
Record Map
Complete
DEVELOPMENT AGREEMENT
Draft Agreement
Complete
City Review
PUBLIC HEARINGS
Planning Commission
City Council
NEW LIBRARY IMPLEMENTATION
Preliminary Design
Complete
Design Development
Complete
Construction Doc's
Complete
Plan Check
Complete
Sell Certificates of Participation
Construction
- - ->
TRANSACTION ITEMS
Open Escrow
Complete
Property Inspections
Complete
Close Escrow
L --77
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Am