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HomeMy WebLinkAbout2.0_North Newport Center PC_ PA2009-111CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 22; 2009 Meeting Agenda Item 2 SUBJECT: North Newport Center Planned Community Amendment, (PA2009-11 1) 100, 150, 180, 190, 450 Newport Center Drive and 5100 Plaza Colony • Code Amendment No. CA2009 -005 • Planned Community Development Plan Amendment No. PD2009 -003 APPLICANT: Irvine Company PLANNER: Patrick J. Alford, Planning Manager (949) 644 -3235 PAlfordO- newportbeachca.aov PROJECT SUMMARY A planned community text amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a code amendment to change the zoning classification of these properties from APF, PC -28, PC -23, and :PC 27 to PC -56 on Districting Maps Nos. 48, 49, and 50. RECOMMENDATION, 1) Conduct a public hearing; and 2) Adopt a resolution recommending approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005 to the City Council (Attachment No. PC1). North Newport Center Planned Community Amendment October 22, 2009 Page 2 DISCUSSION This item was continued for the October 8, 2009 Planning Commission meeting. The Planning Commission directed staff to address several issues relating to the proposed North Newport Center PC Development Plan and Design Regulations (Development Plan). Transfer of Development Rights. The Planning Commission requested confirmation that the proposed language changes of the transfer of development rights procedure are intended to clarify existing practice; that. is not a change from a discretionary decision to a ministerial decision. The Office of the City Attorney has reviewed all of the documents associated with previous City Council approvals of transfers of development rights. These documents . confirm that the City Council's actions were ministerial decisions. Definition of "Service Tunnels." It is proposed that covered porches, walkways and loading docks, service tunnels, mechanical shafts, and mechanical spaces on roofs, which are inaccessible to tenants not be counted towards the floor area limits contained in the Development Plan. The Planning Commission indicated that the definition for ,.service tunnels" was too broad and could be interpreted as allowing them to be used for storage areas and office space for maintenance personnel. Staff worked with the applicant to tighten up the definition for service tunnels. It is now proposed to read as follows: Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Height Limits /Architectural Features. It is proposed that architectural features be permitted to exceed the maximum building height up to 20 feet. The Planning Commission indicated that this provision may give too much discretion to the Planning Director. E ' The Zoning Code allows architectural features to exceed permitted height limits with the approval of a modification permit by the Zoning Administrator. The proposed height limit exception was intended to reflect this provision. To address the Planning Commission's concerns, the applicant has agreed to language that requires the Planning Director to notify the Planning Commission and City Council when rooftop appurtenances or architectural features in excess of the height limit are approved. This will allow the. Planning Commission and City Council the opportunity for appeal. North Newport Center Planned Community Amendment October 22, 2009 Page 3 On October 15, 2009, the Airport Land Use Commission (ALUC) held a hearing on the proposed amendment. The ALUC found the amendment to be consistent with the Airport Environs Land Use Plan (AELUP) for John Wayne Airport. However, the ALUC requested language clarifying that the height limit exception for architectural features and rooftop appurtenances comply with the AELUP. Therefore, staff is recommending the following revised language to Section IIIA2d and Section IIIA2d: C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop Appurtenances shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section 111 (A) (1) (a)Rooftop appurtenances must be screened from view from street level adjacent to the building. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Planning Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section 1V (A) (3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section 111 (A) (1) (a). The Planning Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). Parking Exceptions. It was proposed that accessory, ancillary and support uses less than 5,000 square feet not be included in the calculation of required parking. The Planning Commission indicated that this exception was too large. Staff worked with the applicant to revise language that was closer to the Planning Director's original interpretation. The exception would be capped at 5 percent of the gross floor area and parking management and engineering offices would be counted as square footage and would be required to provide off - street parking: Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Sians. The Planning Commission was concerned that the proposed sign regulations were too permissive, particularly with letter heights. North Newport Center Planned Community Amendment October 22, 2009 Page 4 The applicant has incorporated additional limits to the sign regulation table to reflect current conditions. However, the applicant has not completed this task as of this writing. The applicant will submit a letter to the Planning Commission prior to meeting with an updated table. Alternatives The Planning Commission may recommend approval of a modified project to the City Council or disapprove the application (if an amendment is disapproved, no further action is taken, unless appealed to the City Council). Environmental Review This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Public Notice Notice of this hearing Was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Patrick J. Alford, Planning Manager ATTACHMENTS Submitted by: David Lepo, Plan mg Director PC 1 Draft Resolution PC 2 Draft revised North Newport Center PC Development Plan PC 3 Draft revised Block 400 PC Development Plan PC 4 Correspondence F:IUSERS\PLN1Shared\PNs1PAs - 20091PA2009- 11112009 -10 -08 PC staff report.docx Attachment No. PC 1 Draft Resolution 6 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF AN AMENDMENT TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN AND A CODE AMENDMENT TO DISTRICTING MAP NO. 48, NO. 49, AND NO. 50 (PA2009 -111) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by the Irvine Company with respect to properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest comer and San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, requesting approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005. 2. The applicant proposes to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and to change the zoning classification of these properties from Administrative, Professional, Financial (APF), and Planned Community (PC -28, PC -23, and PC -27) to Planned Community (PC-56).. 3. The subject properties are located within the APF, PC-28, PC -23, and PC -27 Zoning Districts and the General Plan Land Use Element categories are Regional Commercial Office (CO -R), Medical Commercial Office (CO -M), Multiple Unit Residential (RM) and Open Space (OS). 4. The subject properties are not located within the coastal zone. 5. Public hearing were held on October 8, 2009, and on October 22, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of these meetings were given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings. SECTION 2. FINDINGS The Development Plan Amendment, with the recommended text changes, is consistent with the Land Use Element of the General Plan as the proposed land use regulations are consistent with the Regional Commercial Office (CO -R), Medical Commercial Office (CO -M), Multiple Residential (RM), and Open Space (OS) land use categories designated on the subject properties. ELF Planning Commission Resolution No. _ Pape 2 of 4 2. The Development Plan Amendment, with the recommended text changes, is consistent with Section 20.35.050.0 of the Municipal Code, which establishes the requirements of a Planned Community Development Plan. 3. The Development Plan Amendment, with the recommended text changes, will not increase the intensity or density of allowable land uses or change the types of allowable uses in the subject portions of Blocks 100, 400, and 800 or the open space parcel in the northern portion of Newport Village; in the areas already covered by the Development Plan; or on any other properties. 4. The subject portions of Blocks 100, 400, and 800 are fully developed, the open space parcel in the northern portion of Newport Village shall remain designated as open space, and the applicant does not seek any further entitlements through this Development Plan Amendment or Code Amendment. SECTION 3. CEQA DETERMINATION. 1. It can be seen with certainty that there is no possibility that the Development Plan Amendment, with the recommended text changes, and Code Amendment will result in any environmental impacts because the Development Plan Amendment, with the recommended text changes, simply extends the existing zoning restrictions to include the subject portions of Blocks 100, 400, and 800 and the open space parcel in the northern portion of Newport Village. The Code Amendment will amend Districting Maps No. 48, No. 49, and No. 50 to reflect the zoning reclassification of the subject portions of Block 100 (APF District), Block 400 (PC -28 District), Block 800 (PC -23 District), and Newport Village (PC -27 District) to the North Newport Center Planned Community (PC -56) District. Thus, the Development Plan Amendment, with the recommended text changes, and Code Amendment are exempt from further environmental review consistent with the common sense exemption under CEQA Guidelines section 15061(b)(3) (Cal. Code Regs. tit. 14, § 15061(b)(3)). 2. Muzzy Ranch v. Solano County Airport Land Use Commission (2007) 41 CalAth 372, 389the California Supreme Court held that the CEQA common sense exemption applied to the approval of a land use compatibility plan that merely extended existing land use restrictions to a greater geographical area. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all 5 Planning Commission Resolution No. Page 3 of 4 claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and /or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends approval of Planned Community Development Plan Amendment No. PD2009 -003 and Code Amendment No. CA2009 -005 to the City Council. 2. The Planning Commission recommends to the City Council that Districting Maps No. 48, No. 49, and No. 50 be amended as provided in Exhibit B. 3. The Planning Commission recommends to the City Council that the North Newport Center Planned Community Development be amended as provided in Exhibit C with the following revisions: • List Medical Retail as "Not Permitted" in Block 800 in Table 1 in Section II131. • Revise Section IIIA2d and Section IIIA2d: C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop Appurtenances shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section 111 (A) (1) (a)Rooftop appurtenances must be screened from view from street level adjacent to the building. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Planning Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV (A) (3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural 0 Planning Commission Resolution No. _ Page 4 of 4 style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport consistent with Section Ill (A) (9) (a). The Planning Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER, 2009. AYES: NOES: ABSTAIN: ABSENT: BY: 1-w Earl McDaniel, Acting Chairman Charles Unsworth, Secretary 0 Attachment No. PC 3 Draft revised Block 400 PC Development Plan 'V) BLOCK 400 PLANNED COMMUNITY DISTRICT Newport Center December 1983 Newport Beach, California Ordinance 88 -119 Adopted December 12, 1988 Amendment No. 672 Resolution No. 95 -115 Adopted October 9, 1995 Amendment No. 825 Resolution No. Adopted .2009 Amendment No. 95 TABLE OF CONTENTS Introduction Figure I. General Site Location Section Statistical Analysis —Block 400 Planned Community District Section H. General Notes Section 111. Commercial, Professional, Institutional, Business and Medical Offices Figure II. Ground Level Plan Figure Ill. Parking Deck Level Plan Section IV. Area Two Amendments Parr II am INTRODUCTION The Block 400 Planned Community District for the City of Newport Beach is a pan of the Newport Center Development and is in conformance with the Newport Beach General Plan adopted in March 1983 and as amended. The subject property, known as Block 400, consists of approximately 16.:02 -11.92 acres and is adjacent to Newport Center Drive on the west, San Miguel Drive on the south, Avocado Avenue on the cast and San Nicolas Drive on the north. The purpose of this Planned Community (PC) District is to provide for the Zoning Classification and Development of the subject property in accordance with the Development Standards set forth herein. Land -I Y.:rand- providefer-twoarea of de One Block 400 is the Newport Center Medical Building Complex consisting of d4 existing buildings (I 9 -story, 1 8- story and +2 7 -story ) and I proposed Se%en ith a One -Level parking structure adjacenQ. The buildings contain commercial, professional, institutional, business office. medical and dental office, and support commercial uses ancillary to the office uses. The remainder of the site is divided between surface parking and landscaping with an area containing a parking deck. the General Site location and the Land Use Plan for the subject property are set forth in Figure 1 �1 FIGURE I - GENERAL SITE LOCATION 9, SECTION 1. STATISTICAL ANALYSIS 1. Areas of Development: Area One 11.924 Acres 'Fetal (Appfeltj 16.02 Aefe Area Summary: A-- Area -o"e: Gross Floor Area Building #I (Existing) - 80,000 S.F. Building 42 (Existing) - 100,497 S.F. Building #3 (Existing) - 91,448 S.F. Building #4 (Existing) - 80,000 S.F. TOTAL 351,945 S.F. Percentage of Site Coverage Building Footprint - 10% Parking Area - 65% Landscape and Pedestrian Circulation - 25% PaFWn8AFea 62% 9% 3. Intensity of Developed Areas: .,— Am& ow!-: Maximum Floor Area for Commercial, Professional, Institutional, Business and Medical Office Uses - 351,945 S.F. B 6 SECTION 11. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the Flood protection policies and requirements of the City of Newport Beach. 3. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Planning Director. 4. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 5. All parking lot lighting shall be subject to the review and approval of the Planning Director. 6. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Planning Director. 7. Prior to the issuance of grading permits for Block such area shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. S. Building No. 4 in ..Fea One shall be subject to the issuance of a Use Permit. 9. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5. 10. Building No. 4 shall pay its "fair- share" of Circulation Systems Improvements for the ultimate circulation system prior to the issuance of any building and/or grading permits. It. Building No. 4, prior to the issuance of any building and/or grading permits, shall deposit with the EIR Finance Director the sum proportional to the percentage of future additional traffic related to said building in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport, and in the Irvine Terrace, and in the Jamboree Road areas. hod SECTION III. Area Ones COMMERCIAL, PROFESSIONAL, INSTITUTIONAL, BUSINESS AND M EDICAL OFFICES 1. Intent: The intent in development of Area- 94wBlock 400 is to permit the location of Commercial, Professional, Institutional, Business and Medical and Dental Office uses and a limited amount of commercial support activities involving sales to the general public of products related to the operation and use of such office facilities. 2. Permitted Uses: A. Administrative, Professional, Institutional, Financial, Business, Medical and Dental Offices. B. Retail Sales and Services of a convenicnw nature, ancillary to the operation and use of the office facilities, located on the first floor of the buildings. Examples of such uses include without limitation pharmacy, optical, surgical and orthopedic supply, hearing aid sales, dental or clinical laboratory, medical accounting business, telephone answering service, barber shop, tobacco store, card shop, confectionery and newspaper stands. C. Medical Clinic D. Parking Lots, Structures and Facilities. E. Restaurants, bars and theatertnightclubs subject to the approval of a use permit. 3. Building location: All buildings shall be located in substantial conformance with this Ground Level plans (Figure 11) and Parking Deck Level plan (Figure HI). 4. Building Height: Building No. 4 shall be limited to a maximum height of 113' -6' above approved finished floor elevation as shown on the grading plan to be prepared in accordance with the provisions of paragraph 12 of this Section. 5. Signs A. Building Address Sign. Building address numerals and street name shall be a maximum of two (2) feet in height. Building address signs for Building No. 4 shall be located on the east and west elevations on the sign band at the First Level and shall conform to the signage on existing buildings No. 3 and No. 4. B. Project Identification Signs. Monument Signs identifying the entire complex contained in Area -One el Block 400 Planned Community District are proposed in four- {411wg -W locations: a) Newport Center Drive in landscaping in front of Building No. 1. b) San Miguel Drive in landscaping just east of Building No. 4. e) As oeada Aventie tandwalting southeast end of Building bbl ii. Project identification signs shall be of a standard type to be constructed according to criteria famished by the Irvine Company and approved by the Planning Director, C. Tenant Identification Signs. Tenant identification signs are divided into three (3) categories which are: Regular Tenant ii. Major Tenant iii. Special Category Tenant The above mentioned signs are oriented to a standard legibility scale for pedestrian and vehicle recognition, and will be designed and constructed in accordance with the Newport Center criteria of the Irvine Company. 6. Sign Standards: A. Signs (to include all those visible from the exterior of any building) may be lighted but not signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink, or more in any animated fashion. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the uses conducted on the subject property. C. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and/or the pictorial symbol and calculating the area enclosed by such line. D. All signs attached to the building shall be Flush mounted and located on the sign panel above the first level. 7. Parking: Adequate off-street parking shall be provided ii-A ea -0m—to accommodate the parking needs for the development of BJitd 4QQAnw­EMe. 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 applicable off- -street parking requirements of the City of Newport Beach Zoning Ordinance. On -Site parking spaces for all uses in Area One will not exceed a maximum of the number required by the City of Newport Beach zoning Ordinance, provided that a maximum of twenty-five percent (25 0/6) and two percent (2 %) respectively, of such total parking spaces may be limited to use for compact cars and for handicapped persons respectively, upon approval of parking plan approved by the Planning Director and City Traffic Engineer. The requirement for parking supporting a medical office use shall be 3.5 parking spaces per 1,000 s.f. of Gross Building Area. 8. Landscaping: Detailed landscaping and irrigation plans, prepared by a licensed landscape architect or architect, shall be reviewed by the Director of Parks, Beaches and Recreation. All landscaping referred to in this paragraph shall be maintained in a neat and orderly fashion. JtD A. 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. B. 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. C. Parking Areas. Trees, equal in number to one (1) per each seven (7) surface parking stalls shall be provided in the parking area of Area9neBfock 4M. 9. Loading Areas: Streetside loading shall be visually screened from view from access streets and adjacent property. Said screening shall form a complete opaque screen. 10. Refuse Collection Areas: A. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. L Telephone, Gas and Electrical Service: All "on -site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 7 }03 smam FIGURE II-GROUND LEVEL PLAN jo IMF FIGURE II-GROUND LEVEL PLAN jo FIGURE 111- PARKING DECK LEVEL PLAN p ,N. We"t AMENDMENTS Establish restaurants as a permitted use within -, ,,Aea- 4wRIock 400, subject to the securing of a use permit in each case. (Amendment No. 672, adopted December 12, 1988.) Establish bars and theater /nightclubs as permitted uses within Ary J.%meBlock 400, subject to the securing of a use permit in each case. (Amendment No. 825, adopted October 9, 1995.) Remove northwest corner at NcwRQrt Center Drive and San Nicolas Drive, and open space comers from Avocado from the Block 400 Planned Community Distrito (Amendment No. adopted . 2009.1 Attachment No. PC 4 Correspondence 1LY Orange COUNTY MUSEUM OF ART October 15, 2009 Mr. Robert Hawkins, Chairman Newport Beach Planning Commission City of Newport Beach 3300 Newport Avenue Newport Beach, CA 92663 RE North Newport Center Planned Community Amendment Dear Mr. Chairman and Members of the Commission: On behalf of the Board of Trustees of the Orange County Museum of Art, I am herby requesting that the museum's property at 850 & 856 San Clemente Drive be incorporated into the boundaries and North Newport Beach Planned Community and its sub -area of San Joaquin Plaza. We appreciate the opportunity granted by the Commission to more thoroughly review the North Newport Center Planned Community Amendment and fully support the City's objective of having a comprehensive Planned Community for Newport Center. We believe that incorporating the museum's property into the Planned Community with its associated development plan and design regulations helps to more comprehensively achieve this goal. Attached please find the legal description of the museum's property at 850 & 856 San Clemente Drive. We are pleased to provide any other technical information required by the Planning Department to support this request. 1ennrs Szakacs Director CC David Emmes II, Chairman & President, OCMA Board of Trustees Patrick Alford, Planning Manager, CNB Planning Department Dan Miller, Senior Vice President, The Irvine Company 850 SAN CLEMENTE DRIVE NEWPORT BEACH, CA 92660 a =.e_ (949)759-1122 (949)759-5623 WWW OCMA.NET `0 Legal Description 850 & 856 San Clemente Drive Real property in the City of Newport Beach, County of Orange, State of California, described as follows: PARCEL A: PARCEL 2 AS SHOWN ON MAP FILED IN BOOK 81, PAGES 8 AND 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCEL Bl: PARCEL 2 AS SHOWN ON EXHIBIT "B" OF CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT, N.B.L.L.A. 95 -3 RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO. 19950483821 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B2: AN APPURTENANT NON - EXCLUSIVE JOINT ACCESS EASMENT FOR ACCESS, INGRESS AND EGRESS OVER THAT PORTION OF PARCEL 1 AS SHOWN ON EXHIBIT" B" OF CITY OF NEWPORT BEACH LOT LINE ADJUSTMENT N.B.L.L.A. 95 -3 RECORDED OCTOBER 31, 1995 AS INSTRUMENT NO. 19950483821 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE NORTHERLY ALONG THE EASTERLY PARCEL LINE OF SAID PARCEL 1 NORTH 07 003' 01- WEST 55.00 FEET; THENCE SOUTH 82° 56'59" EST 65.00 FEET; THENCE SOUTH 070 03' 01" EAST 55.00 FEET TO A POINT ON THE MOST SOUTHERLY LINE OF SAID PARCEL 1, SAID POINT BEING ALSO ON THE MOST NORTHERLY RIGHT OF WAY LINE OF SAN CLEMENTE DRIVE; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AND SAID RIGHT OF WAY LINE NORTH 820 56'59" EAST 65.00 FEET TO THE POINT OF BEGINNING. APN: 442- 261 -05 and 442 - 261 -17 P 0ct,15- 2009 4:47PM HAMILTON COMPANY October 15, 2009 Mr Robert Hawkins, Chairman Newport Beach Planning Commission 3300 Newport Blvd. Newport Beach CA 92663 Nc.9005 P. 2 Re: North Newport Center Planned Community Amendment (PA2009 -111) Dear Mr. Chairman and Members of the Commission: As a property owner at 100 Newport Center Drive and 2161 San Joaquin Hills Road, I am herby requesting that my properties be incorporated into the boundaries of the North Newport Beach Planned Community and its sub -areas of Block 100 and Block 500. As a result of the continuance granted by the Commission last week, I have had an opportunity to review the proposed amendment to the North Newport Center Planned Community, While I understand the City's objective of creating comprehensive zoning for Newport Center, I believe including my properties into that zoning will contribute to achieving that goal. Attached please find the legal descriptions of the properties described above. Let us know if you need any further information to accommodate my request. Sincerely yours. J Jo n Hamilton P sident JWH /cns Enclosures cc. Patrick Alford, Planning Manager, NB Planning Department Dan Miller, Senior Vice President, The Irvine Company Carol McDermott, Government Solutions, Inc. 1D'J NEWPORT CENTER DRIVE SUITE 200 NEWPORT BEACH, CALIFORNIA 92660 PHONE (949) 721 -9999 FAX (949) 21-M9 111 Oct.15. 2009 4:48PM No-9006 2009 -10 SECURED PROPERTY TAX BILL Fn I lb mt Vmr 13cginning J* 1, ?009 wW EndAng June 30, 9A10 0005191DOMP &TV]— #BWNLBHV ""`"""AUTO "5 -13IGIT 92680 #4422 3113 2009 7# 11.1 1, 111 d III III III, II, 11 Ill r ,lrirr III rrII Ill Ill rIll' l„III,I HAMILTON, JOHN WILLIAM TR C/O MARGUERITES PROPERTIES LLC 100 NEWPORT CENTER OR STE 100 NEWPORT REACH CA 82000-6880 r,. ;1rUAkeaeR 100 NEWPORT CENTER OR NEWPORT REACH P BK 78 PG 32 PAR 1 UN DFSGRIPTION• FUI L VALUE COMPUT LAND 393,853 TAX IMPROVEMENTS - BUILDING 21180,259 Oct•15. 2609 4:L8PM RECORDINO REOUESTED BY FIRST AMERICAN TTU COMPANY NATIONAL,'COSWERCtAL SERVICES CCMMEACIAL'INDUSTRIAL DIVISION RECORDING REQUESTED BY First American Title Insurance Company Natfonal Commercial Services AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: San Joaquin 2161, LLC 359 San Miguel Drive, Sulte 300 Newport Beach, CA 92660 A. P, N.: 442.081 -09 r1;.9ro6 P.4 This Document was ctronically recorded by First American National Commercial Retarded In Official Records, Orange County Tom Daly, Clerk-Recorder III�I�JI�IBIUgIQ'IC61�1��919 29.00 2009000052883 08:00am 02/06/09 12086022 0.00 0.00 20.00 0.00 3.00 0.00 0,00 0.00 GRANT DEED AbeVe Thls Line for Reno Mar's Use Only The Undersigned Grantur(s) Dedere(s): DOCUMENTARY TRAN5FER TAX f'0; My TRANSFER TAX $0.00; X j computed un the wnsldentim or full value W prepelgtunveye0. OR File No.: NCS- 373602 -SAl (bs) CVhq OW on tfw mnslderatlon or full value less value of Reru and/or encumbrances rerralning at time of sale, onln(Arporated area; t X J CItY of Newport Beach, aril FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknomedged, First American Trust, FSB, a Federal Savings Bank, formerly known as First American Trust Company, a California corporation hereby GRANTS to San Joaquin 2161, LLC, a California limited (lability company the fopowing described p,operty in the Oty of Newport Beach, County of Orange, State of California: PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN BOOK 54, PAGE 23 OF PARCEL MAPS, IN THE OFFICE THE COUNTY RECORDER OF SAID COUNTY, Mall Tax Staternents ro: SAME AS ABOVE 113 Attachment No. PC 2 Draft revised North Newport Center PC Development Plan 11 North Newport Center Planned Community Development Plan Land Uses, Development Standards Et Procedures Adopted December 18, 2007, Ordinance No. 2007 -20 (PA 2007 -151) Land Uses, Development Standards & Procedures Contents I. Introduction and Purpose of Development Plan .................................................. ............................... 1 A. Sub -Area Purpose .............................................................................................. ............................... 1 B. Relationship to Municipal Code ........................................................................ .............................10 C. Relationship to North Newport Center Design Regulations ............................. .............................10 II. Land Use and Development Regulations ........................................................... ............................... 11 A. Permitted Uses ................................................................................................. ............................... 11 B. Development Limits .......................................................................................... .............................12 C. Transfer of Development Rights ..................................................................... ............................... 13 III. Site Development Standards .............................................................................. ............................... 15 A. Permitted Height of Structures .......................................................................... .............................15 B. Setback Requirements ....................................................................................... .............................16 C. Parking Requirements ....................................................................................... .............................17 D. Landscaping ...................................................................................................... .............................19 E. Lighting ............................................................................................................. .............................19 F. Signs .................................................................................................................. .............................19 G. Residential Compatibility .................................................................................. .............................24 H. Residential Open Space Requirements ............................................................ ............................... 25 IV. Planned Community Development Plan Administration ................................... ............................... 27 A. Process for New Structures ............................................................................... .............................27 B. Process for New Signs ....................................................................................... .............................28 C. Transfer of Development Rights ....................................................................... .............................28 V. Definitions ............................................................................................................ .............................31 Appendix A — Design Regulations North Newport Center Planned Community Development Plan 12"8107 10/14/09 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of feuf-seven sub -areas that include Fashion Island and Block 600 and portions of Block 100, Block 400, Block 500, Bleek 600Block 800, and San Joaquin Plaza. The sub -areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ( "PC ") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub -areas identified in the Planned Community Development Plan-site—and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub -Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 4135158.4 acres along San Joaquin Hills Road and Newport Center Drive. The fettrseven sub -areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (15 acres and 0.4 -acre open space area at corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (6 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed -Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub - region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day /evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub -Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3) and Block 400 (Figure 4). Block 100 is generally comprised of administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 is generally prised of commercial office, with medical related offices and retail use. The Mixed -Use blocks include Block 500-(Figure 5), Block 600 (Figure 6), and San Joaquin Plaza Fi re 8). The Mixed -Use blocks are generally comprised of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses as well. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed -Use concept as established in the General Plan. Permitted uses for the Mixed -Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU -H3 land use designation. Block 800 (Figure 7) allows for multi - familv residential or senior citizen housing uses. The boundaries of the Mixed -Use blocks included in this Development Plan are shown in Figure 35, Block 500 Sub -Area, Figure 64, Block 600 Sub -Area, and Figure 38, San Joaquin Plaza Sub -Area, respectively. North Newport Center Planned Community Development Plan " "810' 10/14/09 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan O San Joaquin Plaza NrncRWZ o-� 0� o CLE Eb 72. eP m Block Boo Block yOv 600 T G SANTA HC SA PR Fashion Island Block Regional Center Soo �o ee o E" 44 Z N R Block 100 aw � U Q J 00 0 St a �q� Jo Fe ,O P ❑North Newport Center Planned Community Figure 1— North Newport Center Planned Community North Newport Center Planned Community Development Plan 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan ■ Planned Community C� Not included in Planned Community O� HN Figure 2 — Fashion Island Sub -Area North Newport Center Planned Community Development Plan 12M8107 10/14/09 c Q) U �I 0 CIL 3 ,z Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan 2� ■ Planned Community ❑ Not included in Planned Community nN Figure 3 — Block 100 Sub Area North Newport Center Planned Community Development Plan 12/18)07 10/14/09 4 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan S� ,ate ❑ Planned Community ❑ Not included in Planned Community ON Figure 4— Block 400 Sub Area North Newport Center Planned Community Development Plan 12M8107 10/14/09 Ne� /c \o r� Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San � � Joaquin �; Hills Rd © Planned Community ❑ Not included in Planned Community North Newport Center Planned Community Development Plan 12M8107 10/14/09 m i HN Figure 5 — Block -500 Sub -Area J Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San ✓o a9ciin Hi //S Rey N,, polt Center O ❑ Planned Community North Newport Center Planned Community Development Plan 12M8107 10/14/09 Not included in Planned Community IN Figure 6 — Block 600 Sub -Area �a 'i O M c Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Clemente Drive Z ® Planned Community ❑ Not included in Planned Community North Newport Center Planned Community Development Plan 12M8107 10/14/09 fl Figure 7 — Block 800 Sub Area FJ O /E�i `V .7 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 12M8107 10/14/09 f` J. ■ Planned Community ❑ Not included in Planned Community ON Figure —88 — San Joaquin Plaza Sub -Area Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V — Definitions. The Municipal Code referred to herein is the version of the Code in effect on the date this Plathied r,..r.•..•H4y is ..ppF , e December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. North Newport Center Planned Community Development Plan 10 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub -area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Planning Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, aPA Mixed - Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub -area in which the property is located. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Banks /Savings and Loans P P P P P P - With drive through services MUP MUP MUP MUP MUP _ _ MUP Business, Government and Professional P P P P _ P Emergency Healthcare P' P P P P Management and Leasing Offices P P P P P _ P Office, Medical and Dental P P P P P Public Safety Facilities P MUP MUP P P _ _ P Commercial Recreation and Entertainment P UP UP MUP MUP _ MUP Cultural and Institutional UP UP UP P P P Day Care P P' P' P P _ P Day Spas MUP MUP2 MUP2 MUP MUP _ MUP Eating and Drinking Establishments P` MUP MUP P" P" _ P" Bars /Cocktail Lounges MUP UP UP UP UP _ UP Personal Improvement MUP MUP MUP P P _ _ P - Health /Fitness Clubs MUP MUP MUP P P P, P Personal Services P P' Pr P P P P Residential _ _ P P P P Retail Sales P P' Pt P P Pa P Animal Sales and Services MUP _ _ MUP MUP _ MUP Medical Retail P P­ P" P P MUP P Visitor Accommodations UP MUP MUP UP UP UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Planning Director 1 = Permitted as Accessory /Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code = A Minor Use Permit Issued by the Planning Director is required for the sale of alcohol =A Use Permit is Required for the Sale of Alcohol += Intended for Residential Support Use + += Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses Not Permitted North Newport Center Planned Community Development Plan 11 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 2. Open Space Corners The passive landscape areas on the following comers shall be limited to landscaping, and permitted SignageD«,.: ��.. «.. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Drive (southwest and southeast), San Joaquin Hills Road and Santa Cruz Drive («^nst southwest and southeast corners), aad San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 3. Special Events The general regional Mixed -Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right - of -way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, and-temporary and support uses are permitted and are not counted towards square footage development limits. Table 2 - Development Limits Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Total Regional Commercial 1,619,525 sq. ft. 0 0 0 0 0 0 1,619,525 sq. ft. Movie Theater 1,700 seats (27,500 sq. ft.) 0 0 0 0 0 0 1,700 seats (27,500 sq, ft.) Hotel (A) 0 0 00 4252950 0 442 490295 Residential 0 0 0 Q) Q) 245 M) 675 Office/ Commercial 0 I 121,114 sq. ft. 91,727 sq. ft. 3;9;694 526 517 sq. ft. + gl,fial 1.292.637 sq. f . 0 337,261 95 550 sq. ft. 144949 2,127 545 sq. ft. A. Hotel roams are permitted in Fashion Island through the transfer of development rights. 11165 adds ,pal hAtel Foams , be leGated ., 91966 509 919 Gk 609 eF SaR ieaq r., Plam B. Residential units are permitted in Block 500, Block 600 and San Joaquin Plaza if the total number of units does not exceed 430 units. North Newport Center Planned Community Development Plan 12 " "8107 10/14/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 1. Fashion Island The total gross floor area for Fashion Island is 1,619,525 square feet plus the 1,700 -seat movie theater. The movie theater building area is equivalent to and may be converted to 27,500 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. 2. Mixed -Use Sub -Areas The Mixed -Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 430 residential units and 490-295 hotel rooms are permitted within the Mixed -Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Residentt suupport uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for Block 100 is 121,114 square feet and Block 400 is 91,727 square feet. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 The maximum number of dwelling units for multi - family residential use shall not exceed 245. X.C. Transfer of Development Rights The transfer of development rights among sub -areas of this Planned Community and to /from other areas in the Newport Center /Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. North Newport Center Planned Community Development Plan 13 " "810' 10/14/09 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations Development rights may be transferred through a change in location of use(s) and/or a conversion of non- residential use to any other non - residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rightsTShall be approved, as specified in Section IV. C. below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. North Newport Center Planned Community Development Plan 14 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub -area. All building heights are measured at finished grade. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 — Fashion Island Height Limits Building Type Height Major Buildings 125' Mall Buildings 75' Parking Structures 55' Periphery Buildings 40' Block 100: The maximum height of all structures shall be 50 feet as measured from finished rg ade. Blocks 41500, and 600: The maximum height of all structures in Bleek 500 shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures shall be 200 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460 -1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of North Newport Center Planned Community Development Plan 15 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards approval imposed or recommended by the FAA. Subsequent to the FAA findings, the City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460 -1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m, and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5:00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Planning Director and the Planning Director shall determine conformance with the standards identified herein as part of the plan review process. C. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances must be screened from view from street level adjacent to the building. Supports for window washing equipment are pemritted, and are not required to be screened from view. No setbacks are required. The Planning Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV (A)(3)• d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. The Planning Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV (A)(3). B. Setback Requirements Setbacks for the €etif-seven sub -areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot. This is not intended to apply to interior lot lines or property lines. North Newport Center Planned Community Development Plan 16 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards Fashion Island Newport Center Drive: 10 feet; may be reduced to 0 feet by the Planning Director through the plan review process. Block 100 Newport Center Drive: 15 feet Anacava Drive: 15 feet Farallon Drive: 15 feet Block 400 Newport Center Drive: 15 feet San Nicolas Drive: 15 feet Block 500 Newport Center Drive: 15 feet Santa Rosa: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Drive: 15 feet Santa Cruz: 15 feet San Simeon: 15 feet — setbacks for parking structure access points may be reduced by the Planning Director through the plan review process San Joaquin Hills: 15 feet — setbacks for parking structure access points may be reduced by the Planning Director through the plan review process Santa Rosa: 15 feet Center Drive (e /w): 0 feet Center Drive (n/s): 0 feet Block 800 Santa Barbara Drive: 15 feet San Clemente Drive: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz: 15 feet San Clemente: 15 feet Santa Barbara: 15 feet C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office /commercial uses, and unit North Newport Center Planned Community Development Plan 17 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary and resident support uses for hotel and residential developments shall not be included in the calculation of required parking. Kiosks and sundry shops serving tenants, including accessory , ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 - North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet' Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Cade Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Cade yr B�- C�o and Block 600 off4ce pafkiag shall peproviQedc at A-- rate -o Fri— spacc°Zrir375 square €eet: For San Joaquin Plaza, a parking management plan shall be required to utilize the parking ratios identified in Table 4 to demonstrate provision of adequate parking. if a parking management plan is not prepared for San Joaquin Plaza, parking shall be provided per the Municipal Code. Parking for Block 100 and Block 400 shall be provided per the Municipal Code. Parking for Block 800 shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right -of -way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub - areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. n afk4ag . o44t ..la shall eel eensidier park„... within the Via va Community district 1 The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. North Newport Center Planned Community Development Plan 18 12"8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. A Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed - free condition, free of litter and so as not to interfere with traffic safety Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24 -inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot - candle on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting sting standard, a lighting plan may be prepared by the applicant and submitted to the Planning Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right -of- ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Planning Director. All permanent and temporary signs that are not visible from public right -of -ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall Siigns that are visible from public right -of -ways must consist of individual fabricated letters; or routed -out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs that are visible freer publie right ofways are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are Visible from peblie right of ways North Newport Center Planned Community Development Plan 19 " "810' 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards and-intended to be displayed for 60 days or less are permitted for purposes related to special events, holiday activities and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right -of -ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. C. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 — Fashion Island Sign Standards North Newport Center Planned Community Development Plan 20 12M8107 10/14/09 Maximum Sign Maximum Letter/ Sign Type Location Maximum Number Size Loo Height Shopping Center Each vehicle entry drive 2 per entry drive 100 square feet Identification Sign location (one on each side) 10 feet high Major Tenant Sign Exterior walls or parapets 1 sign per building 10 feet of buildings elevation (maximum 4 signs for each major tenant) Freestanding Exterior walls or parapets 1 sign per building 3 feet Commercial of buildings elevation (maximum 4 signs for each building or structure) Monument 1 per building 50 square feet 5 feet high Tenant Sign Exterior elevations of 1 square foot per shopping center and each lineal foot of parking structures facing storefront (not to Newport Center Drive exceed 100 square feet) North Newport Center Planned Community Development Plan 20 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards -- = Not Restricted Regulated 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400 and Block 800 are provided in Table 7, Sign Standards f _ Mixed Use Weeks- below. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on -site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza Maximum Sign Maximum Letter/ Sign Type Location Maximum Number Size Logo Height Theater Signs Facing Newport Center 1 Description Theater name: Maximum Number Drive (exterior wall or Height A 5 feet Santa Rosa Drive parapet of building which 15 feet high 24 inches Each show title: sign located at theater occupies, free (1 per corner) 15 feet wide 3 feet high Santa Cruz Drive standing, or on adjacent 15 feet high 24 inches 15 feet wide entries to Newport parking structure) Center at San Joaquin Hills Road (1 per corner) Store Address Signs Each entry to store 1 per store entry 6 square feet Block 500: Entry Marker Signs To be approved by 7 signs 36 square feet (with at San Joaquin Hills Road / Avocado Planning Director 15 feet wide 2 -foot overhang) Block 500: 1 15 feet high 24 inches -- = Not Restricted Regulated 4. Sign Standards for Mixed -Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed -Use blocks, Block 100, Block 400 and Block 800 are provided in Table 7, Sign Standards f _ Mixed Use Weeks- below. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on -site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 — Sign Standards for Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza North Newport Center Planned Community Development Plan 21 12"8107 10/14/09 Maximum Sign Maximum Sign Letter /Logo Type Description Location Maximum Number Size Height A Large cube or blade Santa Rosa Drive 2 15 feet high 24 inches sign located at at San Joaquin Hills Road (1 per corner) 15 feet wide Santa Cruz Drive 2 15 feet high 24 inches entries to Newport Center at San Joaquin Hills Road (1 per corner) 15 feet wide Block 500: 1 15 feet high 24 inches at San Joaquin Hills Road / Avocado 15 feet wide Block 500: 1 15 feet high 24 inches at San Nicolas / Avocado 15 feet wide MacArthur Boulevard 1 15 feet high 24 inches at San Joaquin Hills Road 15 feet wide San Joaquin Plaza: 1 15 feet high 24 inches at Jamboree / San Joaquin Hills Road 15 feet wide B Small cube San Nicolas Drive 2 5 feet high 5 inches located along at Newport Center Drive (1 per corner) 5 feet wide Newport Center Drive 2 5 feet high 5 Inches Newport Center Drive and Santa Rosa (1 per corner) 5 feet wide Block 600: 5 5 feet high 5 inches Along Newport Center Drive 5 feet wide North Newport Center Planned Community Development Plan 21 12"8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 22 12"8107 10/14/09 Maximum Sign Maximum Sign Letter /Logo Type Description Location Maximum Number Size Height C Other Block 100 1 per frontage 5 feet high 10 inches Freestanding Signs 10 feet wide Block 400: Avocado at San Miguel 2 5 feet high 13 inches Along San Nicolas 1 6 feet wide Between 500 and 550 Newport Center 1 4 feet high 18 inches Drive 12 feet wide Block 600: 2 7 feet high 18 inches Along Santa Cruz Drive 22 feet wide Santa Cruz Drive 1 15 feet high 24 inches at Newport Center Drive 15 feet wide San Joaquin Plaza: 1 each 6 feet high 51/2 inches for Along San Joaquin Hills Road; Santa (3 signs along 12 feet wide Tenant ID; Cruz Drive; San Clemente Drive) 1 B inches for San Clemente Drive Project ID San Clemente Drive 1 5 feet high 18 inches at Santa Cruz Drive 12 feet wide San Clemente Drive 1 5 feet high 18 inches at Santa Barbara 16 feet wide D Signs mounted on Block 400: 1 N/A 18 Inches landscape walls facing Newport Center Drive Block 500: -- N/A 26 inches facing Newport Center Drive Block 600: 2 facing San Joaquin N/A 18 inches facing streets Hills; 5 facing Newport Center Drive; 1 facing Santa Rosa Block 800: 2 N/A Winches at San Clemente project entry Block 800: 1 N/A 36 inches at San Clemente I Santa Barbara E Building Sign On building elevation 2 per Primary Tenant N/A Primary 1 per Secondary Tenant - Tenant 24 inches Secondary Tenant - 16 inches F Building Address On building elevation 1 each 24 inches high 24 inches (additional address signs may be located where appropriate for on -site orientation) G Freestanding Santa Rosa Drive at Newport Center 1 each 8 feet high 18 inches Building Address Drive; San Nicolas Drive at Newport 6 feet wide Center Drive; Santa Cruz at Newport Center Drive; San Joaquin Hills Road 2 28 inches H Advisory Signs Parking Lots As appropriate for 4 feet high safety and orientation North Newport Center Planned Community Development Plan 22 12"8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards = Not Restricted Taal S- fonr n4-r•o Use and— C-om-m- er-E nnfriFe rro S North Newport Center Planned Community Development Plan 23 12"8107 10/14/09 Maximum Sign Maximum Sign Letter /Logo Type Description Location Maximum Number Size Height I Drive Through 1 per tenant per 8 feet wide 15 inches Signs elevation, up to 2 on walls of structure J Apartment Leasing Block 800 1 per frontage 5 feet high by 3 24 inches Signs feet wide panel on post K Office Leasing Blocks 100, 400, 500, 600, and 1 per frontage 4.5 feet high by 7 inches Signs San Joaquin Plaza 5 feet wide = Not Restricted Taal S- fonr n4-r•o Use and— C-om-m- er-E nnfriFe rro S North Newport Center Planned Community Development Plan 23 12"8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right -of -ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60 -day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same comer of the building. Type: Single- or double -faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and /or leasing of the facility is complete. G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed -Use sub - areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day /evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed -Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors and similar occurrences in a Mixed -Use setting as compared to suburban residential areas. North Newport Center Planned Community Development Plan 24 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section III. Site Development Standards H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. North Newport Center Planned Community Development Plan 25 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Planning Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Planning Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor Plans C. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Planning Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects North Newport Center Planned Community Development Plan 27 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the project if he /she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Planning Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Planning Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. The project applicant shall submit an application to the Planning Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. if the requested transfer includes the conversion of non - residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the defmitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Planning Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 15 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Planning Director. North Newport Center Planned Community Development Plan 28 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights eta}} if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer ef4y if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 29 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section V. Definitions V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A visually prominent or formally significant element of a building which expressed its architectural language and style in a comolementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks /Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on -site circulation of cash money. Also includes businesses offering check - cashing services. Drive - through or drive -up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, tnotor courts, and retaining walls. See Graphic 1 on a)age 35. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services (e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: North Newport Center Planned Community Development Plan 31 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section V. Definitions arcades or electronic games centers having three or more coin - operated game machines bowling alleys billiard parlors cinemas ice /roller skating rinks live entertainment pool rooms tennis /racquetball courts theaters Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non- medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make -up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and /or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. North Newport Center Planned Community Development Plan 32 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section V. Definitions Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: eye exam, eyeglass /contact lens sales skin treatments body scanning dental enhancement treatments Minor Use Permit: Use permit issued by the Planning Director. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Drive. Personal Improvement: Includes those services that are personal and that promote the health and well -being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: barber and beauty shops clothing rental shops dry cleaning pick up store with limited equipment dry cleaning with no on -site equipment home electronics and small appliance repair postal services locksmiths self - service laundries shoe repair shops tailors and seamstresses tanning salons printing & duplicating travel agencies/services nail salon Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. Project Identification Sign: A free - standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. North Newport Center Planned Community Development Plan 33 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section V. Definitions Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non - durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: antiques appliances artists supplies automotive accessories (no installation) animal sales and services bakeries bicycles books cameras and photographic supplies carpeting and floor covering clothing and accessories convenience markets /stores department stores drug and discount stores dry goods electronic equipment (including automotive installation) food and beverages gift shops handcrafted items hardware hobby materials jewelry real estate information center luggage and leather goods medical supplies and equipment musical instruments, parts and accessories office supplies paint and wallpaper pharmacies shoe stores specialty shops sporting goods and equipment supermarkets tobacco toys and games Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on age 36. Secondary Tenant: A small tenant; not the primary tenant of an office building. North Newport Center Planned Community Development Plan 34 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section V. Definitions Senior Citizen Housing: A residential development for senior citizens (i.e. persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code 513(b)(4). Service Tunnels: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. Sign: Any media, including their structure and component parts which are used or intended to be used out -of -doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and /or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Resident Support Uses: Uses within residential developments, offices and hotels, and residential parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right -of -way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 35 12M8107 10/14/09 Land Uses, Development Standards & Procedures Section V. Definitions MECHANICAL PENTHOUSE ELEVATOR OVERUN Graphic 1, Example of Building Height and Rooftop Appurtenances North Newport Center Planned Community Development Plan 36 12M8107 10/14/09 Land Uses, Development Standards & Procedures Appendix— Design Regulations NORTH NEWPORT CENTER DESIGN REGULATIONS North Newport Center Design Regulations 112/1 8/0710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations North Newport Center Design Regulations 12M810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations may be achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defined in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600 -acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: 1, Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in "blocks" and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character Aerial view of bluff (circa 1960) North Newport Center Design Regulations 12M810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. North Newport Center Design Regulations 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations General Plan Policies Newport Center The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. • Development Scale; Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. • Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed -Use District and Neighborhood The following policies from the Land Use Element are City -wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. • Mixed -Use Buildings: Require that Mixed -Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: - Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts - Visual and physical integration of residential and non - residential uses - Architectural treatment of building elevation and modulation of their massing - Separate and well - defined entries for residential units and non - residential businesses - Design of parking areas and facilities for architectural consistency and integration among uses - Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street North Newport Center Design Regulations 3 !2i!810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations frontages but integrate landscape into interior courtyards and common open spaces • Mixed -Use Building Location and Size of Non - Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed -Use buildings be occupied by retail and other compatible non - residential uses, unless specified otherwise by policies for a district or corridor. • Parcels Integrating Residential and Non - Residential Uses: Require that properties developed with a mix of residential and non - residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi - family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses, and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non - residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. • Districts Integrating Residential and Non - Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non - residential uses to prevent fragmentation and assure each use's viability, quality, and compatibility with adjoining uses. Aerial of Newport Center — 2007 C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and 6800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. North Newport Center Design Regulations 4 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport Center are office buildings, an apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed -use district that features an open -air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree -lined streets and sidewalks, within a master planned environment featuring a consistent landscape. North Newport Center Design Regulations 5 !2i!810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Il. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location, and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form, which generally consists of buildings that are organized orthogonally to create pedestrian - friendly courtyards and promenades that visually link the buildings into clusters, as seen in the diagrams below. Pedestrian promenade at Fashion Island North Newport Center Design Regulations !2i!810710/14/09 Pedestrian courtyard at 550 Newport Center Drive Building interface at San Joaquin Plaza Land Uses, Development Standards & Procedures Appendix — Design Regulations b. In Mixed -Use sub - areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. C. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed -Use sub -areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. e. New buildings should be arranged to provide convenient access to entrances and efficient on -site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses. Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and developing shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged. Example of resident open space Example of office courtyard North Newport Center Design Regulations 8 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 2. Building Envelope a. New buildings should respect the existing development scale, which generally consists of high -rise buildings (10+ stories) clustered along San 3eaquin Hills Raadthe northerly section at the highest point in Newport Center. Mid -rise office buildings (5 -10 stories), low -rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Highway. 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed -use sub -areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. C. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short - lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof - mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from the st+eetground level adjacent to the building. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right -of -ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right -of -ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. h. Avoid long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. j. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. North Newport Center Design Regulations !2i!810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Example of appropriate high -rise architecture Example of straight forward geometry and expression of floor levels Examples of classically inspired architecture Example of appropriate low -rise form Example of retail storefront visibility to pedestrians North Newport Center Design Regulations 10 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Example of architectural feature Example of architectural feature MECHANICAL PENTHOUSE Example of building height measurement on sloping terrain North Newport Center Design Regulations 11 !2i!810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low- and mid - rise roofs. C. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. C. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example of appropriate retail finishes 5. Parking Structures Example of appropriate low -rise finishes a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. C. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. h. Vehicular entries for non - residential parking structures should be obvious and inviting. North Newport Center Design Regulations 12 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations i. Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. Block 600 parking structure demonstrating rectangular form and vines to soften visual impact B. Landscape Intent West parking structure at Fashion Island demonstrating rectangular fonn and varied landscape to soften visual impact The intent of the landscape standards is to ensure that new commercial and residential development preserves and enhances the existing landscape character of North Newport Center. 1. Overall Landscape a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought- tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low -flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. C. The landscape palette should consist of two distinct groups of plant materials: - Accent planting, including palms, cypress, and color accents - Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. North Newport Center Design Regulations 13 !2i!810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations e. Planting should be organized in layers of plant size and variety such as flowering, cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. Example of appropriate landscape variety complementing the building form Example of layering principles Example of vertical and horizontal plant forms 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub -areas and along streets of new commercial and residential development should complement the street tree pattern, enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures. b. Existing trees along public streets should be preserved, and new trees should be installed to fill in gaps. C. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. North Newport Center Design Regulations 14 12/1810710/14/09 Newport Center Drive landscape variety Land Uses, Development Standards & Procedures Appendix — Design Regulations W II�'lltlii ld u, i��, li .i911 lil I IIII �� ItIIIII Ip Illll'' N1 Iti1111 T11 1 I!I �' 64II:i1 wo, IL San Nicolas landscape showing screening of parked cars San Joaquin Hills Road landscape 3. Parking Lot Landscape Landscape adjacent to 888 San Clemente parking structure a. New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. C. Evergreen hedges should be used to screen parked cars. North Newport Center Design Regulations 15 12M810710/14/09 4. Internal Landscape Land Uses, Development Standards & Procedures Appendix — Design Regulations screen parked cars a. New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Example of trees adding variety to pedestrian experience C. Circulation Intent Example of landscaping creating strong visual continuity The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. North Newport Center Design Regulations 16 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. C. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Drive and pedestrian connections to /in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub -area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Drive and the retail core of Fashion Island. f Amenities such as benches, plazas and other pedestrian- oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. h. New benches, street trees, directional signs, trash receptacles, and exterior lighting are encouraged in the public right -of -ways to reinforce pedestrian activity. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Center Drive to Fashion Island Example of pedestrian connectivity to the street (between 500 and 550 Newport Center Drive) Example of pedestrian amenities Example of the crescent walk design framework North Newport Center Design Regulations 17 12M810710/14/09 Pedestrian amenities in Fashion Island Pedestrian amenity in Fashion Island Example of a strong pedestrian pathway Land Uses, Development Standards & Procedures Appendix — Design Regulations Storefront interface with pedestrians Fashion Island paseo North Newport Center Design Regulations 18 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Crescent Walk Vehicular Circulation Pedestrian Connection to Fashion Island North Newport Center Design Regulations 19 12118107.10/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic. C. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf -block may be used in landscape areas where fire access is necessary. e. Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. Fashion island loading dock Fashion Island loading dock North Newport Center Design Regulations 20 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. C. Convenient, well marked and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. 680 Newport Center Drive demonstrating flow from parking to building Newport Center Drive parking lot Well- defined walkway from Newport Center Drive into Fashion Island at San Nicolas North Newport Center Design Regulations 21 12M810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations A Orientation and Identity Intent The intent of the standards for orientation, identity, and safety is to ensure that new commercial and residential development promotes wayfmding for residents and visitors, strengthens North Newport Center's sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the "landscape corners" should be retained. San Joaquin Hills Road and Jamboree Road San Joaquin Hills Road and MacArthur San Joaquin Hills Road and Santa Cruz North Newport Center Design Regulations 22 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 2. View Corridors a. New development should preserve views of major retail tenants in Fashion Island from Newport Center Drive. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility Fashion Island major tenant visibility Balconies at 888 San Clemente featuring ocean views North Newport Center Design Regulations 23 12M810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 3. Landmarks a. As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance waylinding. The Island Hotel as a landmark building Wind chime as a landmark at Macy's Patens as a landmark at the southern entry into Fashion Island North Newport Center Design Regulations 24 12/1810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. C. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfmding signs should be unified within each sub -area. f Simplicity and legibility are encouraged. g. Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally- illuminated, halo - illuminated, externally - illuminated, or non - illuminated. i. Sign types A -K and their corresponding locations are shown on the following naees. Project identification sign Directional sign Business identification sign NORDSTROM OPENING 2010 Temporary signs mounted on construction fence North Newport Center Design Regulations 25 !2i!810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign A — Large Cube or Blade Sign Sign: 13'-0" high; 12' -2" wide Letters: 15 inches high max. Sign: 11' -0" high; 12' -2" wide Letters: 15 inches high max. Symbol: 22 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Letters: Symbol Sign AS Sign: Letters: Symbol: 11' -0" high; 12' -2" wide 15 inches high max. 22 inches high 11'-0" high; 12' -2" wide 15 inches high max. 22 inches high Sign: 11'-0" high; 12'-2" wide Letters: 15 inches high max. Symbol: 22 inches high Sign AS Sign: 13' -0" high; 12'-2" wide Letters: 15 inches high max. (est) North Newport Center Design Regulations 26 1211810710114/09 Sign B — Small Cube Land Uses, Development Standards & Procedures Appendix — Design Regulations +a THE ISLAND HOTEL Sign B1 Sign: 5' -0" high; 5'-0" wide Letters: 9 inches high Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign B5 Sign: 5'-0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Sign B6 Sign: 5' -0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign 67 Sign: 5' -0" high; 5'-0" wide Letters: 5 inches high max. Numerals: 24 inches high max. Letters: Numerals: 5W' high; 5' -0" wide 5 inches high max. 24 inches high max. Sign: 5' -0" high; 5' -0" wide Letters: 5 inches high max. Numerals: 24 inches high max. North Newport Center Design Regulations 27 1211810710/14/09 Sign C - Freestanding Signs Sign: Letters: 5' -3" high; 11'-0" wide 11 inches high Letters: 10 inches high max. Sign: 6'-10" high; 6'-0" wide Letters: 5 inches high max. Numerals: 11 inches high max. GATEWAY PLAZA Sign C13 Sign: 4'-4" high; 9'-6" wide Letters: 10 inches high max. Sign: 6'-2" high; 20'-6" wide Letters: 17 inches high max. Sign C14 Sign: 9' high; 4' -9" wide Letters: 6 inches high max Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign C1 Sign: 6' -6" high; 15' -4" wide Letters: 13 inches high max. Symbol: 18 inches high Sign C3 Sign: 4' -2" high; 7' -0" wide Letters: 4 inches high max. 1 1 Sign C5 Sign: 4' -9" high; 12'-0" wide Letters: 12 inches high Beal Bank Sign C10 Sign: 4'-2" high; 5'-0" wide Letters: 6 inches high max. Symbol: 13 inches high max. Sign: 9' high; 4' -9" wide Letters: 6 inches high max Sign C2 Sign: 4' -4" high; 9' -3" wide Letters: 11 inches high max. Sign C4 Sign: 5' -3" high; 11' -0" wide Letters: 11 inches high Sign C6 Sign: 5' -3" high; 11' -0" wide Letters: 11 inches high Sign C11 Sign: 4'-4" high; 9'-6" wide Letters: 10 inches high max. Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 28 1211810710/14/09 Sign D — Landscape Walls Sign D7 location .mmmuman 450 PACIFIC MEROAMK G Sign D12 Letters: 11 inches high Numerals: 12 inches high pmn �a up Sign D8 Letters: 15 inches high max. North Newport Center Design Regulations 1211810710/14/09 p Sign D9 location Land Uses, Development Standards & Procedures Appendix — Design Regulations e C�? 010nI/ Sign D1 Letters: 37 inches high max. Sign D3 Letters: 35 inches high max. Sign D5 location Sign D70 Symbol: 17 inches high � J Sign D2 Letters: 35 inches high max. Sign D4 Letters: 15 inches high max. Sign D6 location Sign D11 Letters: 18 inches high max. Symbol: 26 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center Sign E — Building Sign Sign F — Building Address Sign: Mounted directly on building face Letters: 24 inches — primary tenant 16 inches — secondary tenant Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign F' Sign: Mounted directly on building face Letters: 24 inches Photographs of sign types E and F provided for reference purposes. A full inventory of those signs is not provided herein. North Newport Center Design Regulations 30 1211810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign G — Freestanding Building Address Sign G1 Sign: 8W' high; 6' -0" wide Letters: 5 inches high max. Numerals 28 inches high Sign G2 Sign: 8' -0" high; 6' -0" wide Letters: 5 inches high max. Numerals 28 inches high Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 31 1211810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign H — Advisory Signs Sign I — Drive Through Signs Sign: 4 feet high Sign: 8 feet wide Letters: 15 inches high Photographs of sign types H and I provided for reference purposes. A full inventory of these signs is not provided herein. North Newport Center Design Regulations 32 1211810710/14/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign J —Apartment Leasing Signs Sign panel: 4W' high; 3' -0" wide (est.) Letters: 6 inches high max. (est.) Sign J2 Sign panel: 4'-0" high; 3'-0" wide (est.) Letters: 6 inches high max. (est.) Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center North Newport Center Design Regulations 33 1211810710/14/09 Sign K — Office Leasing Land Uses, Development Standards & Procedures Appendix — Design Regulations Sign K7 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high M Sign K7 Sign: 5' -0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high y Sign KS location Existing Signs Block 100, 400, 500, 600, 800; and San Joaquin Plaza North Newport Center ia Sign K9 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Letters: Numerals: 5' -0" high; 5' -0" wide 7 inches high 6.5 inches high Sign K5 Sign: 5W' high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K70 Sign: 5W' high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K2 Sign: 5'-0" high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K4 Sign: 5-0" high; 5' -0" wide Letters: 7 inches high Numerals: 6.5 inches high Sign K6 location Sign K11 Sign: 5W' high; 5'-0" wide Letters: 7 inches high Numerals: 6.5 inches high North Newport Center Design Regulations 34 1211810710114/09 Land Uses, Development Standards & Procedures Appendix — Design Regulations 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub -area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. C. Light fixtures should not cast off -site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. ATM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights, pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 Non -glare producing lights at 888 San Clemente North Newport Center Design Regulations 35 !2i!810710/14/09