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HomeMy WebLinkAbout14 - North Newport Ctr. Dev. Agr. Annual Review�EWPORr CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 14 March 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949 - 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Fern Nueno, Associate Planner APPROVED: 0. TITLE: Annual Review of the North Newport Center Development Agreement consisting of Fashion Island, Block 600, Block 800, and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza (PA2009 -023) ABSTRACT An annual review of the Development Agreement for North Newport Center, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. RECOMMENDATION 1) Conduct a public hearing; 2) Find the review exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines; 3) Find that the applicant has demonstrated good faith compliance with the terms of the Development Agreement; and 4) Receive and file the Annual Report of the Development Agreement for North Newport Center (Attachment A). FUNDING REQUIREMENTS There is no fiscal impact related to this item. 1 Annual Review of the North Newport Center Development Agreement (PA2009 -023) March 26, 2013 Page 2 DISCUSSION Section 15.45.080 of the Municipal Code requires the City Council to periodically review development agreements to determine if the applicant has complied with the terms of the agreement. This review should be conducted at least once every 12 months. The applicant is required to demonstrate good faith compliance with the terms of the agreement, and should the City Council find that the applicant has not complied in good faith with the agreement, the City Council may terminate or modify the agreement. Vicinity Mai) 0 6nn Joapuln P1ai^ /SAMACRIR OR. pQ s p0 92 )P 09 tlmck T�j y Block (f 800 / SANTAROSA OR oz0�on Icmie` So- 0011, 8-N 0.r9�nnnl r `? y9 81ock n C v�Ory pp � N ¢ OL g J=. North Newport Center Planned Community \s. 2 Annual Review of the North Newport Center Development Agreement (PA2009 -023) March 26, 2013 Page 3 Background On December 18, 2007, the City Council adopted Ordinance No. 2007 -21 approving Development Agreement No. DA2007 -002 ( "DA ") between the City and the Irvine Company. The DA granted Irvine Company entitlement and transfer rights within the North Newport Center Planned Community ( "NNCPC "). At the time the DA was approved, NNCPC consisted of Fashion Island, Block 600, and portions of Block 500 and San Joaquin Plaza. Since then, portions of Block 100, Block 400, and the entirety of Block 800 have been incorporated into NNCPC. On June 6, 2012, the City Council approved an amendment to the DA, which incorporated the remaining subareas within NNCPC into the DA. The DA specifies the permitted uses, density and intensity of development, circulation improvements, public benefits, and dedication of street rights - of -way and open space. The DA vests Irvine Company's right to develop regional commercial, office, mixed use, and residential uses in North Newport Center as depicted in Table 1. The term of the DA is until 2032. The DA is available online at: http:// www. newr)ortbeachca .gov /develoomentagreements. At the last annual review on February 28, 2012, the City Council found Irvine Company to be in good faith compliance with the DA. The annual review is conducted at the beginning of each Calendar Year to report on the activity from the previous Calendar Year. This review is for activities occurring in 2012. 2012 Development Activity Table 1 summarizes the entitlement and building activity for North Newport Center in 2012. Several building permits for construction and demolition within Fashion Island, Block 500, and Block 600 were issued throughout the year, but only completed activities are listed in Table 1. Among the items not listed in Table 1 is the demolition of the Coco's restaurant building within Fashion Island. Also within Fashion Island, building permits were issued for the construction of a retail building and two restaurants (Red O and Fig & Olive). Within Block 500, building permits were issued for the demolition of two buildings and the construction of a new 365,069 square -foot office tower and two parking structures. In Block 600, building permits were issued for a 1,235 square -foot ballroom in the Island Hotel and for a new 387,472 square -foot office tower. 3 Annual Review of the North Newport Center Development Agreement (PA2009 -023) March 26, 2013 Page 4 Table 1: 2012 Development Activity Summary Sub- Entitlement Existing Completed Activity Remaining Area Development Entitlement 1,619,525 sf 1,479,905 sf Demolished: 12,073 sf 139,620 sf Fashion of regional commercial Island 1,020 seats 1,700 theater seats 680 theater seats or 16,500 sf Block 0 sf 121,114 sf 0 sf 100 of office /commercial non - habitable Block 91,727 sf 91,727 sf 0 sf 400 of office /commercial Block 599,659 sf 310,684 sf 288,975 sf 500 of mixed use Block 1,587,537 sf 910,637 sf Demolished: 24,736 sf 0 sf 600 of mixed use 295 hotel rooms 295 hotel rooms 0 hotel rooms Block 286,166 sf of office /commercial 286,166 sf 0 sf 800 245 residential units 245 units 0 units 95,550 sf 337,261 sf San of office /commercial (241,711 sf 0 sf Joaquin non - habitable Plaza 524 residential units 0 units 524 units Covenants Regarding Non - Habitable Building Square Footage Section 6.1 of the DA allows square footage from existing buildings to be transferred among the various sub -areas for construction of a new building, provided that the existing square footage that was transferred is either demolished or rendered non - habitable prior to the final of the permit for the new building. The square footage that is rendered non - habitable would be unoccupied, but would be appropriately maintained. On March 21, 2012, the City and Irvine Company entered into a covenant rendering existing building square footage as non - habitable in Block 100 and Block 600 (Attachment B). The covenant was required in conjunction with the construction of the new office tower located at 650 Newport Center Drive. Prior to completion of 650 Newport Center Drive, 73,850 square feet of the 121,114 square feet within Block 100 and 17,300 square feet (24 Hour Fitness) within Block 600 will be rendered as non - habitable. On November 27, 2012, the City and Irvine Company entered into a covenant rendering non - habitable the remaining square footage within Block 100 (47,264 square feet) and 241,711 square feet within San Joaquin Plaza (Attachment C). This square footage will be used for the new office tower at 520 Newport Center Drive, which is currently under construction. IN Annual Review of the North Newport Center Development Agreement (PA2009 -023) March 26, 2013 Page 5 San Joaquin Plaza DA Amendment On June 6, 2012, the City Council approved an amendment to the DA, which provided for 94 additional residential units in NNCPC for a total entitlement of 524 units and allocated the units to the San Joaquin Plaza Sub -Area. In conjunction with this amendment, an Affordable Housing Implementation Plan ( "AHIP ") was also approved, which increased the affordable housing obligation associated with the 94 units. Furthermore, additional public benefit fees were included as part of the amendment. Other 2012 Activity In October 2012, Irvine Company completed construction of a third eastbound left turn lane at the intersection of MacArthur Boulevard and San Joaquin Hills Road. During 2012, pursuant to Section 4.3 of the DA, Irvine Company paid $157,119 in Fair Share Traffic fees for 68,098 square feet of new or intensified development. As of December 31, 2012, pursuant to Section 4.4 of the DA, Irvine Company reimbursed the City $905,319.52 for expenses incurred for the design and construction of circulation improvements within and near Newport Center. Additionally, as of December 31, 2012, Irvine Company has spent $436,184 ($393,296 in 2012) on circulation enhancements in the area. The DA specifies that maximum contribution for circulation improvements is $2,500,000. Also during 2012, pursuant to Section 4.9 of the DA, Irvine Company expended $386,966 towards water quality enhancements in Fashion Island. To date, $847,326 has been contributed towards the minimum expenditure of $1 million required for water quality projects as specified in the DA. Future Activities The remaining terms and conditions shall be completed pursuant to the timing /milestone requirements depicted in the Annual Report (Attachment A). After reviewing the Annual Report and applicable documents, staff believes that Irvine Company has complied in good faith with terms and conditions of the DA. ENVIRONMENTAL REVIEW Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section exempts actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate, or other entitlement for use issued, adopted, 9 Annual Review of the North Newport Center Development Agreement (PA2009 -023) March 26, 2013 Page 6 or prescribed by the regulatory agency or enforcement of a law, general rule, standard, or objective, administered or adopted by the regulatory agency. NOTICING Notice of this hearing was mailed to all property owners within 300 feet of the property, published in the Daily Pilot, and posted at the subject property a minimum of 10 days in advance of this meeting consistent with the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Submitted by: Kimberly .O AltP Director Attachments: A. North Newport Center Annual Report B. Covenant Rendering Square Footage Non - Habitable — Block 600 C. Covenant Rendering Square Footage Non - Habitable — Block 500 rN City Council Attachment A North Newport Center Annual Report 7 2 North Newport Center Zoning Implementation and Public Benefit Agreement Annual Report Year 2012 (January 2012 - December 2012) Prepared for: City of Newport Beach Planning Division Contact: Gregg Ramirez (949) 644 -3219 Submitted by: Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 Contact: Dan Miller (949) 720 -2000 Prepared by: CAA Planning, Inc. 65 Enterprise, Suite 130 Aliso Viejo, CA 92656 Contact: Shawna Schaffner (949) 581 -2888 January 2013 9 Contents Introduction............................................................................................... ..............................1 Figure 1 — Sub -Areas in North Newport Center Planned Community ...... ............................... 1 Summary Table — North Newport Center as of December 31, 2012 ....... ............................... 2 Development Summary ........................................................................... ............................... 3 PublicBenefits .......................................................................................... ..............................6 Ongoing Obligations and Public Benefits ................................................ .............................15 CityConcurrence ..................................................................................... .............................17 AnnualReport Distribution ..................................................................... ............................... 17 Annual Report -2012 ii North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) 10 Introduction The purpose of the 2012 Annual Report (AR) for North Newport Center is to provide an accurate record of the development that has occurred within North Newport Center during 2012. The North Newport Center Planned Community Development Plan (NNCPC) as approved in 2007 and included: Fashion Island, Block 500, Block 600 and San Joaquin Plaza. The NNCPC was subsequently amended in November 2009 to include portions of Blocks 100, 400, 800 and the open space parcel from Newport Village. The NNCPC was amended again in 2011 to expand Block 800 to include the Pacific Mutual Financial Center. In 2012, the NNCPC was amended to increase the allowable residential development intensity by a total of 94 units and allocating the 94 units plus the 430 residential units already allocated to the MU -H3 portions of the NNCPC solely to San Joaquin Plaza. In connection with the amendment to the NNCPC, an amendment to the Zoning Implementation and Public Benefit Agreement DA2007 -002 (Development Agreement) was approved. The Development Agreement amendment included the incorporation of portions of Blocks 100, 400, the open space parcel in Newport Village, Block 800 in its entirety, as well as the additional 94 residential units. The AR contains several tables, which show development within North Newport Center as a whole and development by sub -area. The table provides a comprehensive review of the development within North Newport Center in terms of existing development, maximum development (allowed by the General Plan) and development that has occurred during 2012. The other tables in this report track development by sub -area based on land uses within North Newport Center. The tables break down each sub -area of North Newport Center individually and track the area developed by land use, as applicable. A map that depicts the sub -areas within the NNCPC covered by this AR is shown as Figure 1. Figure 1 — Sub -Areas in North Newport Center Planned Community Annual Report -2012 1 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) 11 Summary Table - North Newport Center as of December 31, 2012, Sub -Area Entitlement Existing Development Development During 2012 Remaining Entitlement Fashion Island 1,619,525 1,506,416 Demolished: 18,4272 Permitted: 32,865' 113,109 Remaining Intensity 1,700 theaterseats4 680 theater seats 1,020 theater seats or 16,500 s.f. Block 100 0 121,114 s.f. suspended 0 Block 400 91,727 91,727 0 Block 500 599,659 310,684 330,973 120 Block 600 1,587,5375 910,637 387,4726 295 hotel rooms 295 hotel rooms 1,2357 0 hotel rooms Block 800 286,166 245 residential units 286,166 245 residential units 0 0 San Joaquin Plaza 95,550 337,2615 0 524 residential units' 0 524 residential units Development in Block 500 is further described herein. At the beginning of 2012, Block 500 had a remaining entitlement of 288,975 square feet. The demolition of the two buildings at 500C and 550C Newport Center Drive reclaimed 40,892 square feet of intensity. Furthermore, the conversion of the air handler rooms in basements of the buildings at 500 and 550 Newport Center Drive to storage areas with ceilings of 7' or less reclaimed an additional 1,224 square feet. The proposed demolitions and conversions increased the available square footage for Block 500 to 331,105. Following the construction of the 330,973 square feet of office space proposed at the 520 Newport Center Drive, the remaining entitlement in Block 500 will be 120 square feet as detailed in the table below. Available Intensity 288,975 s.f., Demolition (500C & 550C Newport Center Drive) 40,894 s.f. Conversion (500 & 550 Newport Center Drive) 1,224 s.f. Adjusted Intensity 331,093 s.f Proposed gfa (520 Newport Center Drive) 330,973 s.f Remaining Intensity 120 s.f. The City's permit for 520 Newport Center Drive was for 365,069 square feet (permit X2012 - 2104). The NNC PC Section II.6.2 defines gross floor area in a different manner than the City's building ' All numbers in this table are shown in square feet (s.f.) unless otherwise indicated. z Permit X2012 -2149 ( "El Tonto Grill "), Permit X2012 -1149 (Coca's), and Permit X2012 -1147 ' Pad "B" X2012-1831/X2012-3034, Pad "C" X2012 -1830, Pad "A° X2012 -1717 4 1,700 theater seats equates to 27,500 s.f. per the North Newport Center Development Plan. In 2011, 1,020 theater seats were removed as part of the Island Cinema renovation. The demo of 1,020 seats equates to 16,500 s.f. The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Development columns. 6 Upon receipt of Certificate of Use and Occupancy for 650 Newport Center Drive, remaining entitlement will be 0. 7 Per Section II.6.2 of the NNC PC development limits for hotel uses are measured on a per unit basis. Therefore, the +1,235 s.f. (Island Hotel "Ballroom ") will not count towards the Block 600 entitlement. a 241,711 s.f. of existing entitlement was suspended with the approval of Entitlement Transfer TD2011 -1 on August 19, 2011. 79 units were converted and transferred from the Marriott Hotel (Block 900) and 15 units were assigned from the MU -H3 General Plan designation per City Council Resolution No. 2012 -063 increasing the residential units from 430 to 524. Annual Report -2012 2 North Newport Center Zoning Implementation and Public Benefit Agreement- Expires August 2032 January 2013 (Updated March 2013) 12 code. Using the definition for gross floor area from the NNC PC, the gross floor areas for the proposed tower and a small office in the west parking structure are 330,173 square feet and 800 square feet respectively and resulting in a total square footage of330,973. Development Summary Annual monitoring of development is required by Development Agreement 2007 -002 between the City of Newport Beach and Irvine Company as part of the North Newport Center Project. The original Term of the agreement was until January 2028. The 2012 amendment extended the Term of the Development Agreement to 2032. Below is a list of permits and approvals that have been issued within North Newport Center between January and December 2012. As noted, the Development Agreement was amended to include Block 100, Block 400, Block 800 and the open space parcel in Newport Village. Therefore, these sub -areas are now required to be part of the annual reporting process whereas in years 2008 through 2011 they were not included. Note that the City bases the building permit gross floor area (g.f.a.) calculations on the Building Code definition and the entitlement g.f.a. on the definition contained in the NNCPC, 3rd Amendment which is slightly different from the Building Code and excludes support uses. Date Sub -Area Summary of Action Fashion Island Sept 2012 (Approved) 121 Newport Center Drive +17,396 s.f. (Permit X2012 -1717) Nov 2012 (Approved) 143 Newport Center Drive +6,915 s.f. (Permit X2012 -1830) Oct 2012 (Approved) 151 Newport Center Drive +8,276 s.f. (Permit X2012 -1831) Dec 2012 (Approved) 151 Newport Center Drive +278 s.f. (Permit X2012 -3034) Jun 2012 (Approved) 151 Newport Center Drive -6,354 s.f. (Permit X2012 -1149) Jul 2012 (Final) 401 Newport Center Drive, A205 -123 s.f. (Permit X2012 -1147) Oct 2012 (Final) 951 Newport Center Drive - 11,950 s.f. (X2012 -2149) Block 500 Oct 2012 (Approved) 500 Newport Center Drive - 19,664 s.f. (X2012- 2351)10 Oct 2012 (Approved) 500 Newport Center Drive -1,224 s.f. (no permit required)" Dec 2012 (Approved) 550 Newport Center Drive - 21,230 s.f. (X2012 - 2352)'2 Dec 2012 (Approved) 550 Newport Center Drive -1,224 s.f. (no permit required)" Dec 2012 (Approved) 520 Newport Center Drive +365,069 s.f. (X2012- 2104)10 Dec 2012 (Approved) 545 San Nicolas Drive +407,201 s.f. (X2012 - 1998)15 Dec 2012 (Approved) 555 San Nicolas Drive +226,450 s.f. (X2012 - 0579)16 Block 600 Jul 2012 1 (Approved) 1 690 Newport Center Drive +1,285 s.f. (X2012- 0977)1' 10 Demolition of the 1 -story conference building at 500 C Newport Center Drive. " Conversion of the air - handler room in the 9 -story building at 500 Newport Center Drive to basement with a ceiling not exceeding 7feet. 12 Demolition of the 1 -story conference building at 550 C Newport Center Drive. Ii Conversion of the air - handler room in the 9 -story building at 550 Newport Center Drive to basement with a ceiling not exceeding 7 feet. '^ The building code g.f.a. is 365,069 s.f., whereas the entitlement g.f.a. is 330,173 s.f. IS West Parking Structure g.f.a. does not apply to the Block 500 entitlement with the exception of the 800 s.f. office located on the I" floor. I6 East Parking Structure does not apply to the Block 500 entitlement. " Per Section II.6.2 of the NNC PC development limits for hotel uses are measured on a per unit basis. Therefore, the +1,235 s.f. does not count towards the Block 600 entitlement. Annual Report -2012 3 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) 13 The following tables track development within North Newport Center by sub -area. All numbers are shown in gross square feet unless otherwise indicated. The tables are intended to track development annually. The North Newport Center table below provides a comprehensive listing of development by land use. The "Demolished" column is intended to reflect the final square footage demolished, not the square footage stated in a demolition permit. The "Built' column reflects the square footage provided in a Certificate of Use and Occupancy. Fashion Island Block 100 Entitlement January 2012 Existing Development January2012 Transferred/ Converted Demolished Permitted (Demo /New) Built Tracking Number Existing Development December 2012 Entitlement December 2012 Land Use January Development Transferredl Permitted Tracking Development Entitlement Regional Commercial 1,619,525 1,491,978 Transferred - 18,42718 +32,86519 Built Number 1,506,416 1,619,525 Theater Seats 1,700 680 680 seats 1,700 seats Block 100 Block 400 Entitlement Existing Existing January Development Transferredl Permitted Tracking Development Entitlement 2012 January 2012 Transferred Demolished (Demo /New) Built Number December 2012 December 2012 Land Use Office /Commercial 0 121,11420 +1,22421 - 40,894/ 121,114 0 Block 400 Block 500 Entitlement Existing Existing January Development Transferredl Permitted Tracking Development Entitlement 2012 January 2012 Transferred Demolished (Demo /New) Built Number December2012 December2012 Land Use Office /commercial 91,727 91,727 +1,22421 - 40,894/ 91,727 91,727 Block 500 18 Demolition Permit X2012 -2149 ( "El Torito Grill'), Demolition Permit X2012 -1149 (Cocors), and Permit X2012 -1147 r9 Pad "B" X2012-183l/X2012-3034, Pad "C' X2012 -1830, Pad "A" X2012 -1717 2° Per Covenants Rendering Square Footage Non - Habitable dated March 21 and November 27, 2012. 21 Conversion of mechanical rooms to storage with ceilings not greater than 7 feet in 500 and 550 N.C.D. 22 Permits X2012 -2351 and X2012 -2352 (Demolition of the 1 -story conference buildings at 500 C and 550 C Newport Center Drive, Permit X2012 -2140 (520 Tower), and Permits X2012 -1998 and X2012 -0579 (West and East Parking Structures at 545 San Nicolas Drive, and 555 San Nicolas Drive). Parking structures and support uses are not counted as square footage by the NNCPC, which reduces the g.f.a. by 667,747 s.f. resulting in 330,973 s.f. counting towards the Block 500 entitlement. 23 Per the definition for g.f.a. given in NNCPC Section II.6.2, the conversion of g.f.a. for the mechanical rooms, and the demolition of the conference buildings, 288,855 s.f. applies towards the Block 500 entitlement. Annual Report -2012 4 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) N941 Entitlement Existing Existing January Development Transferredl Permitted Tracking Development Entitlement 2012 January2012 Converted Demolished (Demo /New) Built Number December 2012 December 2012 Land Use Mixed Use Horizontal 599,659 310,684 +1,22421 - 40,894/ 599,53923 599,659 3 (MU -H3) +998,72022 Residential Units 430 0 -430 0 0 18 Demolition Permit X2012 -2149 ( "El Torito Grill'), Demolition Permit X2012 -1149 (Cocors), and Permit X2012 -1147 r9 Pad "B" X2012-183l/X2012-3034, Pad "C' X2012 -1830, Pad "A" X2012 -1717 2° Per Covenants Rendering Square Footage Non - Habitable dated March 21 and November 27, 2012. 21 Conversion of mechanical rooms to storage with ceilings not greater than 7 feet in 500 and 550 N.C.D. 22 Permits X2012 -2351 and X2012 -2352 (Demolition of the 1 -story conference buildings at 500 C and 550 C Newport Center Drive, Permit X2012 -2140 (520 Tower), and Permits X2012 -1998 and X2012 -0579 (West and East Parking Structures at 545 San Nicolas Drive, and 555 San Nicolas Drive). Parking structures and support uses are not counted as square footage by the NNCPC, which reduces the g.f.a. by 667,747 s.f. resulting in 330,973 s.f. counting towards the Block 500 entitlement. 23 Per the definition for g.f.a. given in NNCPC Section II.6.2, the conversion of g.f.a. for the mechanical rooms, and the demolition of the conference buildings, 288,855 s.f. applies towards the Block 500 entitlement. Annual Report -2012 4 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) N941 Block 600 Block 800 Entitlement Existing Transferred Demolished Permitted (Demo /New) Built Tracking Number Existing Entitlement December 2012 Land Use January Development Permitted Tracking Development Entitlement Office /Commercial 2012 January2012 Transferred Demolished (Demo /New) Built Number December 2012 December 2012 Land Use 245 245 245 245 Mixed Use Horizontal 1,587,53724 910,637 910,63725 1,587,537 3 (MU -H3) 95,550 Residential Units 0 0 0 0 0 Hotel Rooms 295 295 +1,28526 295 295 Block 800 San Joaquin Plaza Entitlement January 2012 Existing Development January 2012 Transferred Demolished Permitted (Demo /New) Built Tracking Number Existing Development December 2012 Entitlement December 2012 Land Use January Development Permitted Tracking Development Entitlement Office /Commercial 286,166 286,166 Transferred Demolished (Demo /New) Built Number 286,166 286,166 Residential Units 245 245 245 245 San Joaquin Plaza 24 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Development columns. zs 650 Newport Center Drive is currently under construction. Once completed, the existing development will be increased by 398,846 s.f. ze Per Section II.6.2 of the NNC PC development limits for hotel uses are measured on a per unit basis. Therefore, the +1,235 s.f. (Island Hotel "Ballroom") will not count towards the Block 600 entitlement. Annual Report -2012 5 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) 115 Entitlement Existing Existing January Development Permitted Tracking Development Entitlement 2012 January2012 Transferred Demolished (Demo /New) Built Number December2012 December2012 Land Use Mixed Use Horizontal 337,261 337,261 95,550 3 (MU -1-13) 95,550 Residential Units 0 0 +524 0 524 24 The General Plan entitlement figure includes allocations for hotel square footage, which is not represented in the Existing Development or Remaining Development columns. zs 650 Newport Center Drive is currently under construction. Once completed, the existing development will be increased by 398,846 s.f. ze Per Section II.6.2 of the NNC PC development limits for hotel uses are measured on a per unit basis. Therefore, the +1,235 s.f. (Island Hotel "Ballroom") will not count towards the Block 600 entitlement. Annual Report -2012 5 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires August 2032 January 2013 (Updated March 2013) 115 Public Benefits The table below lists all of the public benefits resulting from Development Agreement No. DA2007 -002 entitled the Zoning Implementation and Public Benefit Agreement (Agreement) between the City of Newport Beach and Irvine Company Concerning North Newport Center and the Amendment to the Agreement approved in August 2012 (herein referred to as the development agreement). Public benefits are listed in Section 4 of the development agreement. Shaded areas represent 2012 activity. Items that have been completed in previous reporting years are shown as Complete. Public Benefits Table Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /ContributionlDedication Status In -Lieu Park Fees Section 4.1 Regardless of whether a subdivision map is Landowner shall pay to City the greater of (i) the sum of Total Payment as of for Renovation of Paragraphs 1 -2 approved for any or all of the residential units, and $3,733,333.33 (which is 113 of the total Park Fees to be December 31, 2012: $ 0 Oasis Senior Center prior to and as a condition to City's issuance of the paid to City under this Agreement) (the "Initial Park Fee ") Responsible Party: Irvine Company and for Park Uses First Residential Building Permit (but in no event or (ii) the applicable Per Unit Park Fees (if the First ❑ Completed earlier than the Effective Date) Residential Building Permit includes more than one hundred forty -three (143) residential units). Landowner's payment of the Initial Park Fee shall entitle Landowner to a credit against payment of the Per Unit Park Fees for the first one hundred forty -three (143) residential units to be developed on the Property. Section 4.1 Prior to and as a condition to City's issuance of a Landowner shall pay to City the sum of $17,364.11 (the Total Payment as of Paragraph 2 building permit for development of the one hundred difference between the Initial Park Fee and the total Per December 31.2012: $ 0 forty -fourth (144th) residential unit on any portion of Unit Park Fees for 144 residential units) Responsible Party: Irvine Company the Property located in Newport Center Block 500, ❑ Completed Newport Center Block 600, or San Joaquin Plaza In -Lieu Park Fees Section 4.1 Prior to and as a condition to City's issuance of Landowner shall pay to City the sum of $26,046.51 per Number of units as of for Renovation of Paragraph 2 each subsequent building permit for residential unit ( "Per Unit Park Fees ") December 31, 2012: (units) 0 Oasis Senior Center development within that portion of the Property $26,046.51 per unit and for Park Uses Total Payment: $ 0 Responsible Party: Irvine Company ❑ Completed Annual Report — 2012 6 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2013 (Updated March 2013) 10 Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /Contribution /Dedication Status In -Lieu Park Fees Section 4.1 If Landowner sells any residential unit developed Landowner shall pay to City at the time of such sale of an Number of units sold as of for Renovation of Paragraph 3 within the Property to a third party purchaser in individual residential unit the then - applicable park fee for December 31.2012: Oasis Senior Center other than a bulk sale of all of the units in a single such unit as may be in effect at that time within the City (units) 0 and for Park Uses residential building of Newport Beach, less a credit for the amount of the Per Unit Park Fee paid prior to that time. $ park fee per unit Please see Section 4.1, paragraph 3 for additional Total Payment: $ 0 information regarding Landowner's obligation to pay fees and memorandums to be recorded against the title of Responsible Party: Irvine Company ❑ Completed each unit. In -Lieu Park Fees Section 4.1 If, on the date that City awards a contract for Within five (5) days after City's award of the contract, Date that City awards a contract for for Renovation of Paragraph 4 renovation of the Oasis Senior Center, the total sum Landowner shall pay to City the difference ( "Park Fee renovation of the Oasis Senior Oasis Senior Center of both the Initial Park Fee and the Per Unit Park Advancement "). Landowner's payment of the Park Fee Center: 3110/2009 and for Park Uses Fees paid by Landowner to City to date is less than the sum of $5,600,000 Advancement shall entitle Landowner to a credit against the Initial Park Fee (if not paid by the time the Park Fee Check below if answer is "yes." GOMPLETE 20091 Advancement is paid) and against the next Per Unit Park Fees that otherwise would be due and payable to City until the entire credit is exhausted. After such credit is exhausted, prior to and as a condition to City's issuance of each subsequent building permit for residential development of any portion of the Property located in Newport Center Black 500, Newport Center Block 600, or San Joaquin Plaza, Landowner shall continue to pay the Per Unit Park Fees as residential building permits are ® The total sum of both the Initial Park Fee and the Per Unit Park Fees paid by Landowner to City is less than the sum of $5,600,000 (as of date above) If box above is checked, then Landowner shall pay to City "Park Fee Advancement, in the amount of: $5,600,000.00 issued. No initial park fees paid. Lump sum payment of $5,600,000 paid to City. Responsible Party: Irvine Company ® Completed Date: 3/10/ 2009 In -Lieu Park Fees Section 4.1 Not specified City shall earmark $5,600,000 of the Park Fees to be Responsible Party: City of Newport for Renovati n of d fo rk U �`--/ n Para �ra h 5 (J � IE T E 20091 paid by Landowner (one -half of the total Park Fees) as a matching challenge grant to apply toward contributions to the renovation of the Oasis Senior Center. Beach Da Completed Date: Early 2009 (prior to construction) In -Lieu Park Fees Section 4.1 Not Specified City shall apply any Park Fees not spent by City on the Responsible Party: City of Newport for Renovation of Paragraph 5 renovation of the Oasis Senior Center to any park use as Beach Oasis Senior Center and for Park Uses 00.UPLIETE 200009, determined by City. Landowner acknowledges that the actual amount of funds raised through the matching challenge may be less than $5,600,000 and that the amount raised shall not affect the amount of Park Fees ® Completed Date: _Early 2009 (prior to construction) payable by Landowner to City. Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 7 January 2013 (Updated March 2013) 27 Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /ContributionlDedication Status Public Benefit Fee Section 4.2 Not Specified Landowner shall pay to City the sum of $27,090,000 as Payment in the sum of $27,090,000 paid Paragraph 1 set forth in Section 4.2 ( "Public Benefit Fee "), of the in full as of (date) Development Agreement. Responsible Party: Irvine Company ❑ Completed Sect Lon 4.2 P Prior to Ind as a condition to the issuance of the t B 'i i - 65 ew or n r rive Landowner shall pay o City the sum of $13,545,000, Public Benefit Fee ("Initial Public ( Payment: $13,545,000 as of Jul 26, 2011 (date) PL71 T 20101 Responsible Party: Irvine Company ® Completed Section 4.2 Upon the issuance of building permits for the 430 The balance of the Public Benefit Fee shall be paid to Building permits have been issued for Paragraph 1 residential units authorized for development within City. The amount payable by Landowner to City for each 430 residential units as of the Property. such residential unit shall be the sum of $31,500. (date) Total Payment (balance of the Public Benefit Fee):$13,545,000 -this equates to $31,500 per unit for 430 units. Total payment as of (date) Responsible Party: Irvine Company ❑ Completed Fair Share Traffic Section 4.3 The Property is subject to City's Fair Share Traffic The City is in the process of considering updates and Fair Share Traffic Fees paid for 2012: Fees Paragraph 1 Contribution Ordinance, which requires the payment amendments to its Fair Share Traffic Contribution $157,119.00 of certain fair share traffic fees for development Ordinance and its Fair Share Traffic Fees and that as a Responsible Party: Irvine Company ("Fair Share Traffic Fees "). result of such updates and amendments the Fair Share Traffic Fee charged by City may be increased (the 'Initial Fee Increase "). Notwithstanding any other provision set forth in the Development Agreement to the contrary, Landowner agrees that Landowner and the Property shall be subject to the modified Fair Share Traffic Contribution Ordinance including the increased fees payable pursuant to the Initial Fee Increase. This applies to square footage that was newly entitled under this agreement. Please see Section 4.3 of the Development Agreement for additional detailed information pertaining to fees. Annual Report - 2012 North Newport Center Zoning Implementation and Public Benefit Agreement- Expires 2032 8 January 2013 (Updated March 2013) AN Type of Fee, Contribution or Dedication Development Agreement Reference Timing /Milestone Payment /Contribution /Dedication Status Circulation Section 4.4 "Circulation Enhancement Contribution" to Landowner shall contribute to City the sum of Two Million Check below if answer is "yes." Enhancements to Paragraph 1 reimburse City for City's expenses incurred for the Five Hundred Thousand Dollars ($2,500,000.00) ® The City chose to approve, design Public Right of Way design and construction of one or more of the ( "Circulation Enhancement Contribution). and construct one or more of the circulation improvements listed in Section 4.4 of the circulation enhancements listed In Development Agreement, as determined by the Section 4.4 of the Development City's Director of Public Works, should City choose Agreement to approve the circulation enhancements after its Date: See Note Below environmental review and approval process and in compliance with CEQA. Note: See page 18 for additional information. Please refer to Section 4.4, paragraph 1 of the If box above is checked, then Development Agreement for the list of circulation Landowner shall contribute up to enhancements. $2,500,000.00 based on actual costs requested by the City and the amount spent by Irvine Company on those projects the City aqreed could be built Irvine Company. Responsible Party: Irvine Company ❑ Completed Date: Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 9 January 2013 (Updated March 2013) 29 Type of Fee, Contribution or Dedication Development Agreement Reference Timing /Milestone Payment /Contribution /Dedication Status Circulation Section 4.4 Landowner shall pay the Circulation Enhancement Landowner shall pay the Circulation Enhancement Indicate payment(s) below (if Enhancements to Paragraph 2 Contribution to City from time to lime after the Contribution to City from time to time after the Effective applicable): Public Right of Way Effective Date, within thirty (30) days after receipt of Date and Landowner will pay any balance to the City up Amount paid by Landowner to City for written request for reimbursement from City, with to a maximum contribution of $2,500,000.00 less the cost Circulation Enhancement Contribution any balance to be paid to City on the date that is for any improvements constructed by Landowner. as of (date): December 31, 2012 sixty (60) months after the Effective Date (the Contributions shall be paid by Landowner upon receipt of $905,320 Effective Date is January 18, 2008) regardless of Invoices from the City. whether City has incurred the cost for the foregoing Date that is 60 months after the Improvements. Effective Date: January 18, 2013 Amount of balance paid by Landowner Alternatively, Landowner and City may mutually to City as of (date) agree upon arrangements for Landowner to use the Circulation Enhancement Contribution to construct Responsible Party: Irvine Company the foregoing improvements subject to City's ❑ Completed approval. or ❑ Check this box if Landowner and City mutually agree for Landowner to use contribution to construct improvements. Date: Amount used to construct improvements as of December 31, 2012: $436,184 Responsible Party: Irvine Company ❑ Completed Dedication of Public Section 4.5 At such time as City provides legal descriptions for Landowner shall provide an offer of dedication to City for Responsible Party: Irvine Company Rights of Way Paragraph 1 the public rights of way, which descriptions shall be the additional public rights of way necessary for ® Completed consistent with the design of the circulation circulation improvements on the north side of San Miguel improvements for said public right of way. Drive between MacArthur Boulevard and Avocado No longer applicable due to dedication Avenue and on Avocado Avenue between San Nicolas of Avocado parcel on October 17, 2008, O C O M P U E �� O O O O Drive and San Miguel Drive. Please see Section 4.5 of the Development Agreement as described in Section 4.6 Paragraph 1 below. Avocado parcel dedication documented in 2008 Annual Report. O for additional information. Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 10 January 2013 (Updated March 2013) ME Type of Fee, Contribution or Dedication Development Agreement Reference Timing /Milestone Payment /ContributionlDedication Status Dedication of Public Section 4.5 At such time as City provides legal descriptions for Landowner shall convey the public right of way to City ❑ Check this box if the Landowner has Rights of Way Paragraph 1 the public rights of way, which descriptions shall be (through the recordation of an offer of dedication without recorded an offer of dedication to the consistent with the design of the circulation any restrictions or qualifications) free and clear of all City without any restrictions or Improvements for said public right of way. recorded and unrecorded monetary liens, any delinquent qualifcations. property taxes or assessments, and all tenancies, Responsible Party: Irvine Company lessees, occupants, licensees, and all possessory rights 10 Completed of any kind or nature. C0OMPLETE 2008 In addition, upon the conveyance, there shall not any violation of any law, rule, or regulation affecting the e public No longer applicable due to dedication of Avocado parcel on October 17, 2008, right of way or its use, including any environmental law or as described in Section 4.6 Paragraph 1 regulation, and Landowner shall be responsible for below. Avocado parcel dedication causing said condition to be satisfied. documented in 2008 Annual Report. Open Space Section 4.6 Landowner shall dedicate to City (through the Landowner shall convey the Open Space Parcel for open Check below if the answer to (1) or (ii) is Dedication Paragraph 1 recordation of a grant deed) the open space parcel space or public facilities purposes, to City free and clear "yes." in Newport Center comprised of approximately 3.18 of all recorded and unrecorded monetary liens, any ❑ (i) City has awarded a construction acres of land area, bounded on the north by the delinquent property taxes or assessments, and all contract for the construction of City Hall Orange County Transportation Authority site, the tenancies, lessees, occupants, licensees, and all at any location within the City east by MacArthur Boulevard, the south by San possessory rights of any kind or nature. Date: Not Applicable Miguel Drive, and the west by Avocado Avenue ( "Open Space Parcel "),within thirty (30) days after ® (ii) the option to purchase the Option the earliest of the following: (1) City has awarded a Site has terminated as provided in construction contract for the construction of City Hall Section 4.8.1 of Development at any location within the City or (ii) the option to Agreement No. DA2007 -002. purchase the Option Site has terminated as Date: 5127108 provided in Section 4.8.1 of Development Within 30 days after the earliest of one Agreement No. DA2007 -002. of the two events listed above, Landowner shall dedicate to City O P T E 20080) (through the recordation of a grant deed) the open space parcel in Newport Center comprised of approximately 3.18 acres of land area ® Check this box once the grant deed has been recorded. Date: October 17, 2008 Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 11 January 2013 (Updated March 2013) 21 Type of Fee, Contribution or Dedication Development Agreement Reference Timing /Milestone Payment /Contribution /Dedication Status Open Space Section 4.6 Not specified Landowner shall, at its sole cost and expense, cause a ® Check this box once Landowner, at Dedication Paragraph 1 title company selected by City to issue to City an owner's its sole cast and expense, has caused a policy of title insurance for the Open Space Parcel with title company selected by City to issue ONAFLETE O O O liability in an amount reasonably determined City (but not exceeding the fair market value of the Open Space to City an owner's policy of title insurance for the Open Space Parcel Parcel) showing fee title to the Open Space Parcel Date: October 17, 2008 vested in City, free and clear of the liens, rights, and Responsible Party: Irvine Company encumbrances referred to in Section 4.6 of Development Agreement No. DA2007 -002. Retrofit Sprinkler Section 4.9 The Newport Center Drive system retrofit shall be Landowner shall retrofit the existing sprinkler systems in Check each box below upon Systems Paragraph A completed by June 2008. the Newport Center Drive parkways and medians to low implementation of the corresponding low flow technology with the following specifications: flow technology listed to the left. (1) The control system must monitor and adjust itself not 0(1) less than daily, using either evapotranspiration rates for ® (2) NIPLETIF C O O o 2 DU the Corona del Mar microclimate or soil moisture levels monitored at enough locations in the irrigation area as to ®(3) cover each soil and slope type in Newport Center. ® (4) (2) The control system must adjust to rain conditions to limit or eliminate watering during rain events. ® Check this box once the Newport (3) The sprinkler heads must eliminate overspray onto Center Drive system retrofit is roads, sidewalks, and other hardscape either by using completed. highly targeted heads that only water the plant material or Date: November 1, 2008 by using a sprinkler -like wicking system, such as the Jardiniere system Responsible Party: Irvine Company (4) The performance of the sprinkler systems must be monitored on a regular basis. Landowner agrees to install flow meters to detect line and /or sprinkler head breaks when wireless flaw meter technology is proven and commercially available. Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 12 January 2013 (Updated March 2013) 22 Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /Contribution /Dedication Status Retrofit Sprinkler Section 4.9 The Fashion Island relroft shall be completed in Landowner shall retrofit the existing sprinkler systems in Check each box below upon Systems Paragraph A phases in conjunction with the water quality the landscape areas within Fashion Island to low flow implementation of the corresponding low enhancements in Section 4.913 of the Development technology with the following specifications: flow technology specification listed to Agreement. (1) The control system must monitor and adjust itself not the left. less than daily, using either evapotranspiration rates for ® (1) the Corona del Mar microclimate or soil moisture levels (2) monitored at enough locations in the irrigation area as to ® (3) cover each soil and slope type In Newport Center. The control system must adjust to rain conditions to 0(4) CFILETE OMI O O limit or eliminate watering during rain events. lim (3) The sprinkler heads must eliminate overspray onto ® Check this box once the Fashion roads, sidewalks, and other hardscape either by using Island retrofit is completed highly targeted heads that only water the plant material or Date: December 2009 by using a sprinkler -like wicking system, such as the Jardinlere system Sprinkler retrofit is 100% complete. (4) The performance of the sprinkler systems must be Responsible Party: I vine Company monitored on a regular basis. Landowner agrees to install flow meters to detect line and/or sprinkler head breaks when wireless flow meter technology is proven and commercially available. Fashion Island Section 4.9 Not specified Landowner commits to expend a minimum of $1 million For the year 2012, indicate the amount Water Quality Paragraph B to enhance the water quality treatment (which could expended to enhance the water quality Enhancements include bio -f ltration, media filtration or other technology) treatment of those surface parking areas of those surface parking areas of Fashion Island which in Fashion Island: are not otherwise included within the new development or $386,966 (for 2012) redevelopment projects. $847,326 (Cumulative Total — see page Landowner has full discretion as to the treatment 19 for additional information) methods utilized and improvement phasing, to ensure The amount spent above is as of that the improvements integrate with the water quality December 31. 2012. treatment plans of the new development areas. Responsible Party: Irvine Company Fashion Island Section 4.9 Annually. The first report is due by January 18, 2009 Landowner agrees to make annual reports to the City ® Check this box when the 2012 Water Quality Paragraph B (one year after the Effective Date of January 18, regarding the progress of these enhancements including Annual Report is submitted to the City. Enhancements 2008). the work performed and the amount expended. Date: January 18, 2012 Maintenance was conducted on the water quality treatment systems. See page 19 for additional information for year2011. Responsible Party: Irvine Company Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 13 January 2013 (Updated March 2013) 23 Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /ContributionlDedication Status Cooperation of Section 4.10 If City elects to construct a new City Hall on the Landowner shall cooperate in good faith with City to ® Check this box if the City elects to Landowner if City Paragraph 1 property located on the east side of Avocado implement any necessary land use regulations, including construct a new City Hall an the site Hall Constructed on Avenue, north of the Central Library zoning amendments, and to release and terminate the north of the Central Library. Property North of use restrictions contained in the deed for the property to ® Check this box once Landowner has Library allow for and accommodate construction of a new City cooperated in good faith with the City ON 0 20DO Hall on that site. use r strictleased and terminated the use restrictions contained in the deed for the property, Date: May 20, 2008 Responsible Party: Irvine Company Dedication of Lower Section 4.11 Upon issuance of the First Building Permit Landowner shall dedicate to City the Lower Castaways ❑ Check this box once the first building Castaways Paragraph 1 site for municipal or municipally sponsored uses allowed permit has been issued. O O II n F 200890 under the General Plan's Recreational Marine Commercial designation, such park, marine educational facility, marine reseaa rch and conservation Date: Not Applicable Ca Check this box once the Lower facility, or marine and harbor dependent service and Castaways site has been dedicated to support uses and other similar uses in furtherance of the the City Date: October 17, 2008 Tidelands Trust. Responsible Party: Irvine Company Dedication of Lower Section 4.11 Not specified The property shall have a deed restriction in favor of ® Check this box once a deed Castaways Paragraph 1 Landowner which shall restrict the City's use of the restriction has been issued in favor of O 20000 property to such uses listed in the row above and allow the Cit to contract with a for rofit or non- rofit enli to operate certain municipal facilities or to use the property the Landowner for the Lower Castaways site Date: October 17, 2008 y in furtherance of such uses; provided that the City may Responsible Parties: Irvine Company not transfer the property, by sale or long term lease to and the City of Newport Beach any private, for - profit company for any commercial boat marina. Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 14 January 2013 (Updated March 2013) M11i Ongoing Obligations and Public Benefits The table below lists ongoing obligations from Irvine Company and additional public benefits resulting from Development Agreement No. DA2007 -002 referenced above and as amended in August 2012. Ongoing obligations and public benefits listed in the table below are from various sections of the Development Agreement, not including Section 4, Public Benefits. Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /Contribution /Dedication Status Implement and Section 3 Implementation schedule: TIC must implement and document compliance with Check the appropriate box once an Document 'Certificate of use and occupancy for 100th market the Affordable Housing Implementation Plan (`AHIP ") affordable housing agreement has been Compliance with rate unit I one -third of required units. as amended and adopted in August 2012. executed and recorded for each phase AHIP below `Certificate of use and occupancy for 200th market 1001h market rate unit rate unit I one -third of required units. Date: `Certificate of use and occupancy for 300th market 200 11 market rate unit rate unit / one -third of required units. Date: Affordable housing agreements will be executed and 300th market rate unit recorded at each phase identified above for any units Date: constructed on the Child Time site and for designated affordable units in The Bays apartment complex Responsible Party: before the point where a certificate of use and Irvine Company occupancy is issued for the related market rate units. Pubic Benefit Fee Section 6 A fee shall be paid for the 4315t unit and all A total of $63,000.00 per unit for the additional 94 Building permit issuance for units 431 (Amendment) subsequent units at the time the building permit is units approved in 2012 shall be paid. The total through 524. issued payment is $5,922,000.00 Date: Payment: Responsible Party: Irvine Company Public Benefit Fee Section 7 Prior to issuance of each building permit a Public TIC shall pay $26,046.51 per unit for each of the Amount paid by TIC to City for Public for Parks (Amendment) Benefit Fee for parks shall be paid on or before July additional 94 residential units added to the NNCPC. Benefit Fee for Parks: 1, 2013. $ Date: Responsible Party: Irvine Company Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 15 January 2013 (Updated March 2013) 25 Type of Fee, Development Contribution or Agreement Dedication Reference Timing /Milestone Payment /Contribution /Dedication Status Development of Sections 6.7 and TPO approval and compliance with the fair share Since the City will not be developing the Option Site ® Check this box when TPO approval Option Site with 7.1 traffic fee requirements must occur before TIC can with 72,000 square feet: and compliance is allainted 72,000 Square Feet of office use develop the Option Site. TIC must conduct a traffic analysis, provide traffic Date: Auoust 7, 2008 mitigation in compliance with the Traffic Phasing 9 P 9 Responsible Party: Irvine Company COMPLETE 200101 Ordinance pay the applicable Fair Share Traffic Fees, and obtain TPO approval from the 0 Planning Commission (appeal goes to City Council) ommissi before it can develop the Option Site with 72,000 square feet of office use. Complete Section 7.3 No later than the earlier of: (1) the date the City Complete construction of a third eastbound left turn ® Check this box once lane Construction of a issues the certificate of occupancy for any new lane at the intersection of MacArthur Boulevard and construction is complete Third Eastbound development under the First Building Permit (but San Joaquin Hills Road (within the existing right of Date: October 2012 Left Turn Lane at specifically excluding the building permit for the way except for any needed dedication at the the Intersection of Parking Structure), or (2) the date that is 60 months southwest corner). Responsible Party: Irvine Company MacArthur Blvd. after the Effective Date. and San Joaquin 60 months after the Effective Date is January 18, Hills Road 2013 (60 months after January 18, 2008). Reimbursement for Section 8 Payment by Landowner to City within 90 days after No more than $200,000.00 reimbursement for actual Amount paid by Landowner to City: Bayside Walkway (Amendment) receipt of written notice that contract for project costs for plans, specifications, permits and/or $ Connection construction has been awarded. construction. Date: Responsible Party: Irvine Company Annual Review of Section 14 First annual review (including an updated tracking The parties must conduct annual review of ® Check this box once the first annual Compliance with chart of built intensity and provision of public compliance with California Government Code review has taken place Code Sections benefits) must take place by January 18, 2009 (one sections 65865 and 65865.1 and City of Newport Date: January 16, 2009 year after the Effective Date of January 18, 2008). Beach Municipal Code §15.45.070. (City Council approval February 24, COMP Dog TIC must document the current status of its entitlement use (i.e., a tracking chart of built intensity) and its provision of the public benefits identified in 2009 Responsible Party: Irvine Company Section 4 of the Development Agreement. Annual Report — 2012 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 16 January 2013 (Updated March 2013) City Concurrence By signing below, the City acknowledges its concurrence with the information presented in the Annual Report. City Acknowledgement Signature Title Annual Report Distribution w-' A complete Annual Report for North Newport Center shall be completed and distributed no later than January 18 following each prior year to the individuals listed below. City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attn: City Manager City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92663 -3884 Attn: City Attorney Irvine Company 550 Newport Center Drive Newport Beach, California 92660 -0015 Attn: Dan Miller Latham & Watkins LLP 600 West Broadway, Suite 1800 San Diego, California 92101 -3375 Attn: Christopher W. Garrett Annual Report -2012 17 North Newport Center Zoning Implementation and Public Benefit Agreement— Expires 2032 January 2013 (Updated March 2013) 27 4.4 Circulation Enhancements to Public Right of Way Section 4.4 of the North Newport Center Zoning Implementation and public Benefit Agreement requires that individual enhancement projects be established through discussion with the City of Newport Beach Director of Public Works. The table below lists the individual projects resulting from those discussions and the actual or estimated cost for individual project components as of December 31, 2012. The first four Projects were all complete by the end of the year, with Projects 2, 3, and 4 being finished during 2012. Furthermore, bids have been received and it has been agreed that the Irvine Company will implement Project 5 with construction starting this March. As shown in the table, the total Irvine Company contribution through a combination of direct construction costs and reimbursement to the city is projected to meet or exceed the established maximum requirement of $ 2,500,000. North Newport Center — Circulation Enhancements to Public Right of Way Transportation Improvements Program December 31, 2012 Status Update 1 As established in Section 4.4 of the 2011 North Newport Center Annual Report. Per North Newport Center, "Zoning Implementation and Public benefit Agreement" - Section 4.4 (December 18, 2007) 3 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry). 4 Direct costs to Irvine Company incurred outside of City Contract. 3 Based on Contract awarded (6114/11) including $51,000 of contingencies. 6 Per Tony Brine on February 7, 2013. 7 Final costs received from the City (Including $38,800 spent by Irvine Company on project development and design). 9 Per Irvine Company input. 9 Per final contract costs provided by Irvine Company. io Based on results of 1/4/12 Bids, design costs and estimate of related soft costs and ADA improvements (including $15,900 for slurry seal costs). Projected to exceed the Maximum Contribution. Annual Report - 2012 North Newport Center Zoning Implementation and Public Benefit Agreement — Expires 2032 18 January 2013 (Updated March 2013) M Cumulative CEC Total Potential Contribution Potential CEC (Maximum Contribution Remaining CEC Project Estimated Project Cost' Contribution Limited To $2,500,000)2 Commitment 1. San Miguel Widening and Intersection Improvements (MacArthur to west of Avocado) including: - Signal modifications at MacArthur and Avocado - Relocation of NW corner entry monument and pine tree replacement Contract Cast = $ 1,355,650' City Reimbursement = $ 905,320 CIOSA Funding = 450.33 Additional Costs = 4$ 2,8884 (Complete) Remaining Cost = $ 905,320 Total Contribution = $ 948,208 $948,208 $1,551,792 2. Upgrade Existing Newport Center Traffic Signals (City Project No. C3002009) including: - Interconnection of Signals - Traffic Signal 9 Anacapa /Newport Center Drive (Partial) - Signal Modifications 9 San Miguel/Newport Center Drive (Complete) $920,9645 $910,4836 $1,858,691 $641,309 3. Newport Center Drive Parking Revisions (Complete) $90,000 $90,000' $1,948,691 $551,309 4. Add fourth leg to Center Drive Intersection with Newport Center Dr. and signalize (Complete) $300,0008 $354,4961 $2,303,187 $196,813 5. Operational Improvements to streets adjacent to Blocks 500 and 600 of Newport Center Drive (Santa Rosa Revisions - to be built by Irvine Company: 2 1d Quarter 2013 ) 1 $240,828 1 $275,00011 1 $2,578,18711 -0- 1 As established in Section 4.4 of the 2011 North Newport Center Annual Report. Per North Newport Center, "Zoning Implementation and Public benefit Agreement" - Section 4.4 (December 18, 2007) 3 Excluding City contributions of $125,000 (City Hall costs for Farallon City Hall site entry). 4 Direct costs to Irvine Company incurred outside of City Contract. 3 Based on Contract awarded (6114/11) including $51,000 of contingencies. 6 Per Tony Brine on February 7, 2013. 7 Final costs received from the City (Including $38,800 spent by Irvine Company on project development and design). 9 Per Irvine Company input. 9 Per final contract costs provided by Irvine Company. io Based on results of 1/4/12 Bids, design costs and estimate of related soft costs and ADA improvements (including $15,900 for slurry seal costs). Projected to exceed the Maximum Contribution. Annual Report - 2012 North Newport Center Zoning Implementation and Public Benefit Agreement — Expires 2032 18 January 2013 (Updated March 2013) M 4.9 B. Fashion Island Water Quality Enhancements - Fashion Island Parking Areas Fashion Island WQMP Master Plan and Treatment - A master treatment plan has been created for all parking lot surface areas in Fashion Island, taking into consideration timing of development phasing, maximizing treatment potential for non - development areas and implementing construction efficiencies for cost minimization. Technical oversight on treatment design and selection to meet State Water Quality Treatment requirements utilizing bio- retention, media filtration and other technology was provided by Stantec Civil Engineering, NMG Soil Engineering and Geosyntec Engineering, a leading bio- retention engineering company. The proposed treatment plan when fully implemented would treat 95% of the parking lot surface areas and 95% of building and hardscape areas. The treatment design will include four bio - retention systems and six media cartridge vault systems designed to treat a total tributary area of 1,687,617 square feet of surface parking area, including 1,539,099 square feet of Non - Development area. An additional 1,283,180 square feet of retail building area, including 1,096,658 square feet of Non - Development area, will be treated as a result of utilization of existing storm line systems. Nineteen percent of non - development tributary area will be treated by bio- retention systems with the remaining 81 % treated by media cartridge vault. Additional water quality improvements will occur in future years. The following tables identify the Non - Development water quality treatment from 2008 through December 31, 2012, and the compliance to date with Section 4.9, Paragraph B of the Development Agreement. Water quality treatment costs in 2012 represented maintenance of the water quality treatment systems. Fashion Island Non - Development Water Quality Treatment - 2012 Compliance To -Date, Section 4.9, Paragraph B - Development Agreement Commitment Non - 2012 Enhancement Commitment To -Date Remaining Commitment $1,000,000 $460,360 $386,966 $847,326 $152,674 Developme Tributary nt Area Installation Operation Total Cost Total Cost Total Cost Total Cost Total Cost Location - Name Area (5027 (so 28 Cost at Cost Total Cost 2008 2009 2010 2011 2012 1 Bldg. B 299,623 174,240 $121,709 $121,709 $121,709 and C 3 324,251 16,273 $10,932 - $10,932 - $10,932 - Frontage 4 PS2 160,453 102,727 $99,020 - $99,020 - $99,020 - - 56 Center 406,642 349,787 $217,957 $217,957 $217,957 Drive 7,8 Eastside 871,133 432,234 $282,158 $250 $282,408 $112,961 $169,447 - - Maintenance - - - - - - - $34,000 $34,000 $47,300 Total $731,776 $250 $732,026 $112,961 $279,399 $34,000 $34,000 $386,966 Compliance To -Date, Section 4.9, Paragraph B - Development Agreement 27 This figure represents the total area treated and includes Development and Non - Development areas 28 This figure represents only the Non - Development parking lot surface areas treated. Annual Report -2012 19 North Newport Center Zoning Implementation and Public Benefit Agreement- Expires 2032 January 2013 (Updated March 2013) 29 Commitment Existing Enhancement 2012 Enhancement Commitment To -Date Remaining Commitment $1,000,000 $460,360 $386,966 $847,326 $152,674 27 This figure represents the total area treated and includes Development and Non - Development areas 28 This figure represents only the Non - Development parking lot surface areas treated. Annual Report -2012 19 North Newport Center Zoning Implementation and Public Benefit Agreement- Expires 2032 January 2013 (Updated March 2013) 29 30 City Council Attachment B Covenant Rendering Square Footage Non - Habitable — Block 600 31 S2 NORTH NEWPORT CENTER PLANNED COMMUNITY COVENANT RENDERING SQUARE FOOTAGE NON- HABITABLE fN BLOCK 100 AND BLOCK 600 This Covenant Rendering Square Footage Non - Habitable in Block 100 and Block 600 (Covenant) is entered into on MkO 24 , 2012, by and between the City of Newport Beach (City) and The Irvine Company LLC (Irvine Company). RECITALS A. Irvine Company is the owner of the parcels of real property collectively known as the North Newport Center Planned Community ( NNCPC). The property consists of Fashion Island; Block 600; Block 800; and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. B. The City of Newport Beach City Council (City Council) adopted the North Newport Center Planned Community Development Plan (PC Text) on December 18, 2007 (Ordinance No. 2007 -20) and amended it on November 24, 2009 (Ordinance No. 2009 -28) and on May 24, 2011 (Ordinance No. 2011 -16). Section VI.0 of the PC Text allows for transfers of development rights among NNCPC sub -areas consistent with Policy LU 6.14.2 in the City's General Plan. C. The City Council adopted the Zoning Implementation and Public Benefit Agreement between the City and Irvine Company concerning properties located in the NNCPC (Zoning Agreement) on December 18, 2007 (Ordinance No. 2007 -21). Under Section 6.1 of the Zoning Agreement, Irvine Company must demolish or render non - habitable any square footage that was transferred to a new use before Irvine Company can obtain final building approval or a certificate of occupancy for the square footage transferred to that new use. The Zoning Agreement included Fashion Island, Block 500, Block 600 and San Joaquin Plaza. Although Block 100 was not included in the Zoning Agreement, subsequent transfers of development rights approved by the City Council require development in Block 100 to be considered non- habitable. D. On December 11, 2007, the City Council approved the transfer of 17,300 square feet (sq. ft.) from the 24 Hour Fitness in Block 600 to Block 500 (Resolution No. 2007 -82). In the same action, the City Council approved transfer of 8,289 sq. ft. of miscellaneous office space in Block 600 to Block 500 and 16,447 sq. ft. from Palm Garden in Block 600 to Block 500. On January 26, 2010, the City Council approved the transfer of the 16,447 sq. ft. originating in Palm Garden from Block 500 back to Block 600 (Resolution No. 2010 -15). E. On October 26, 2010, the City Council approved the transfer of 121,114 sq. ft. of commercial office space from Block 100 to Block 600 and to San Joaquin Plaza (Resolution No. 2010 -124). Page I of 4 33 F. Following Transfer 2010 -1 (Resolution No. 2010 - 124), the remaining intensity in Block 600 was 434,736 sq. ft. G. Irvine Company has received building permits from the City allowing the construction of an office building totaling 387,472 sq. ft. in Block 600 (650 Building). H. Following construction of the 650 Building, 47,264 un -built sq. ft. will remain in North Newport Center and 73,850 sq. ft. will need to be rendered non - habitable in Block 100 (Block 100 entitlement was 121,114 sq. ft. prior to transfer TD2011 -1. 121,114 less 47,264 unbuilt entitlement = 73;850 sq. ft.). I. On November 8, 2011, the City Council approved the transfer of 47,264 sq. ft. from Block 600 to Block 500. J. The 650 Building would use the 17,300 sq. ft. from the 24 Hour Fitness in Block 600; the 8,289 sq. ft. of miscellaneous office space in Block 600; the 16,447 sq. ft. from Palm Garden in Block 600. K. Irvine Company has demolished 8,289 sq. ft. of miscellaneous office space in Block 600 and 16,447 sq. ft. from. the Palm Garden building in Block 600. In addition, Irvine Company intends to render non - habitable the 17,300 sq. ft. from the 24 Hour Fitness in Block 600 and the 73,850 sq. ft. of office space in Block 100. The Zoning Agreement does not specify a method or standard for rendering square footage non- habitable. NOW, THEREFORE, it is mutually agreed by and between the City and Irvine Company as follows: 1. Maintenance of Buildings. Irvine Company does not intend to demolish the 24 Hour Fitness in Block 600 or the existing commercial office space in Block 100. Rather, Irvine Company will render the 17,300 sq. ft. 24 Hour Fitness in Block 600 and 73,850 sq. ft. of existing commercial office space in Block 100 non - habitable and will maintain them as follows: a. Neither Irvine Company, any tenants, nor any other third parties will occupy the office buildings. b. Irvine Company will provide access to the buildings only for the purpose of maintenance or security. C. Electricity in the buildings will remain activated to preserve the appearance that the buildings have not been abandoned and to provide security lighting at night; d. Water service will continue to preserve the existing landscaping; e. Building exteriors, landscaping and irrigation systems and parking lots will be maintained to ensure continued aesthetic compatibility with surrounding properties; and Page 2 of 4 S4 f Security personnel will continue to patrol building grounds. 2. Reoccupation of Square Footage. The square footage rendered non - habitable may be reoccupied when Irvine Company has demonstrated that it has rendered equivalent square footage non- habitable elsewhere in NNCPC. Irvine Company can demonstrate this by obtaining approval of a transfer of development rights consistent with Section VLC of the PC Text and Policy LU 6.143 in the City's General Plan or by rendering a commensurate amount of other existing square footage within the NNCPC non - habitable. This covenant will be modified or terminated upon the approval of such a transfer. 3. Tracking of Square Footage. The City and Irvine Company shall determine the best method of tracking square footage within the NNCPC rendered non- habitable and reoccupation of such square footage in the City's building permit database. The City and Irvine Company agree to track each occurrence related to square footage rendered non - habitable or reoccupation of such square footage within the NNCPC. 4. Future Transactions. Any future transfer of development rights within NNCPC that requires rendering square footage non - habitable will conform to Section 1, Section 2, and Section 3 of this Agreement. (Signatures on following page) Page 3 of 4 35 AGREED TO AND ACCEPTED: THE IRVINE COMPANY LLC ' tBy�'✓�f Name Title y��� �%7'✓l,�j W.Arzw�m CITY OF NEWPORT BEACH ATTEST: Kimberly Brand AICP Community De lopment Director Page 4 of 4 so City Council Attachment C Covenant Rendering Square Footage Non - Habitable — Block 500 37 S2 - , • I ,ri i, !„11 NORTH NEWPORT CENTER PLANNED COMMUNITY COVENANT RENDERING SQUARE FOOTAGE NON - HABITABLE IN BLOCK 100 AND SAN JOAQUIN PLAZA This Covenant Rendering Square Footage Non- Habitable in Block 100 and San Joaquin Plaza ( "Covenant ") is entered into on the day of NOVPWI ICY, 2012, by and between the City of Newport Beach, a California municipal corporation and charter city ( "City ") and The Irvine Company LLC, a California limited liability company ( "Irvine Company') and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statues of the State of California and the Charter of City. B. Irvine Company is the owner of the parcels of real property collectively known as the North Newport Center Planned Community ( "NNCPC "). The property consists of Fashion Island; Block 600; Block 800; and portions of Block 100, Block 400, Block 500, and San Joaquin Plaza. C. On December 18, 2007, the City of Newport Beach City Council ( "City Council ") adopted the North Newport Center Planned Community Development Plan ( "PC Text ") (Ordinance No. 2007 -20) and amended it on November 24, 2009 (Ordinance No. 2009 -28), on May 24, 2011 (Ordinance No. 2011 -16), and on August 14, 2012 (Ordinance No. 2012 -19). D. Section IV.0 of the PC Text allows for transfers of development rights among NNCPC sub -areas consistent with Policy LU 6.14.3 in the City's General Plan. E. On December 18, 2007, the City Council adopted the Zoning Implementation and Public Benefit Agreement between the City and Irvine Company concerning properties located in the NNCPC ( "Zoning Agreement ") (Ordinance No. 2007 -21) and on August 14, 2012, the City Council amended the Zoning Agreement to include all properties located in the NNCPC (Ordinance No 2012 -20). Under Section 6.1 of the amended Zoning Agreement, Irvine Company must demolish or render non - habitable any existing square footage that is transferred to a new use before it can obtain final building approval or a certificate of occupancy for the square footage transferred to that new use. The amended Zoning Agreement does not specify a method or standard for rendering square footage non- habitable. F. Pursuant to the "North Newport Center Planned Community Covenant Rendering Square Footage Non - Habitable in Block 100 and Block 600 ", dated March 21, 2012, Irvine Company agreed that square footage associated with the construction of 650 Newport Center Drive ( "650 Building ") would be rendered 39 non - habitable upon receipt of a certificate of occupancy for the 650 Building. Following construction of the 650 Building, 47,264 square feet remained unbuilt in Block 600. Of this remaining unbuilt square footage in Block 600, 45,236 square feet originated from, and currently exists as constructed office buildings in Block 100 (TD 2010 -1). G. On November 8, 2011, the City Council approved the transfer of the 47,264 unbuilt square feet from Block 600 to Block 500, and the transfer of 241,711 existing square feet from San Joaquin Plaza to Block 500 (TD 2011 -1; Resolution No. 2011 -102). Following this transfer, the available unbuilt entitlement in Block 500 is 288,975 square feet and there is no remaining unbuilt entitlement in Block 600. H. Irvine Company intends to construct an office building totaling 330,973 square feet in Block 500 ("520 Building "). I. The 288,975 square feet of available unbuilt entitlement, combined with the planned demolition of 40,894 square feet and conversion of 1;224 square feet of existing development in Block 500 will provide sufficient square feet to allow construction of 330,973 square feet in the 520 Building. J. Based on the transfers approved in TD 2010 -1 and TD 2011 -1, and prior to the issuance of certificates of use and occupancy for the 520 Building, a total of 241,711 square feet of commercial office space in San Joaquin Plaza and 47,264 square feet of commercial office space in Block 100 must be rendered non - habitable. K. Following construction of the 330,973 square foot 520 Building, 120 square feet of unbuilt entitlement will remain in Block 500 and the entirety of entitlement within Block 100, totaling 121,114 square feet, will be rendered non - habitable. NOW, THEREFORE, it is mutually agreed by and between the City and Irvine Company as follows: 1. Recitals. The City and Irvine Company acknowledge that the Recitals set forth above are true and correct and are hereby incorporated by reference in this Covenant. 2. Non - Habitability and Maintenance of Buildings. Irvine Company shall render 241,711 square feet of commercial office space in San Joaquin Plaza and 47,264 square feet of commercial office space in Block 100 non - habitable no later than the date a certificate of occupancy is issued for the 520 Building. Irvine Company shall ensure that no persons occupy or access the space, except as set forth in this Covenant, and shall maintain the existing space as follows: NORTH NEWPORT CENTER PLANNED COMMUNITY COVENANT RENDERING 2 SQUARE FOOTAGE NON - HABITABLE IN BLOCK 100 & SAN JOAQUIN PLAZA 40 a. Neither Irvine Company, nor any tenants or any other third parties shall occupy the space; b. Irvine Company shall provide access to the buildings only for the purpose of maintenance or security; c. Electricity in the buildings shall be continued to preserve the appearance that the buildings have not been abandoned and to provide security lighting at night; d. Water service shall be continued to preserve the existing landscaping; e. Building exteriors, landscaping and irrigation systems, and parking lots shall be maintained to ensure continued aesthetic compatibility with surrounding properties; and f. Security personnel shall continue to patrol building grounds. g. Where any portion of square footage from a specific building must be rendered non - habitable, the entire building shall be non - habitable. No portions of buildings shall be allowed to remain habitable. 3. Reoccupation of Square Footage. The square footage rendered non - habitable may be reoccupied by Irvine Company upon the approval of a transfer of development rights consistent with Section IV.0 of the PC Text and Policy LU 6.14.3 of the City's General Plan or by rendering a commensurate amount of other existing square footage within the NNCPC non - habitable. This Covenant shall be modified or terminated upon the approval of such a transfer and /or rendering of other square footage non - habitable. 4. Tracking of Square Footage. The City shall determine the best method of tracking square footage within the NNCPC that has been rendered non - habitable, as well as reoccupation of such square footage, in the Citys building permit database. The City and Irvine Company agree to track each occurrence related to square footage rendered non - habitable or reoccupation of such square footage within the NNCPC. 5. Future Transactions. Any future transfer of development rights within NNCPC that requires rendering square footage non - habitable shall conform to Section 2, Section 3, and Section 4 of this Covenant. [SIGNATURES ON NEXT PAGE] NORTH NEWPORT CENTER PLANNED COMMUNITY COVENANT RENDERING 3 SQUARE FOOTAGE NON - HABITABLE IN BLOCK 100 & SAN JOAQUIN PLAZA 41 AGREED TO ARID ACCEPTED: ATTEST: qqpp Date: 12'N. � ➢'Jk �) C �JiCVJ�- Leilani I. Brown City Clerk APPROVED AS TO FORM: pates 11 �n'lll,�l L i V I� Aaron C. Harp City Attorney THE IRVINE COMPANY LLC, a California limited liability company Date: Its �. 1�• Its ME 12 / i,') h Z CITY OF NEWPORT BEACH, a California municipal corporation Date: 112 ,')v 12 By w V1'Z¢ ` Kimberly Br ndt, AICP Community Development Director NORTH NEWPORT CENTER PLANNED COMMUNITY COVENANT RENDERING SQUARE FOOTAGE NON- HABITABLE IN BLOCK 100 & SAN JOAQUIN PLAZA 42 PJ!- 16.E CAF PUC�I_IC H[ ,�F:1PJ� NOTICE IS HEREBY GIVEN that on Tuesday, March 26, 2013, at 7 :00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of DeveIopment Agreement for North Newport Center (PA2009 -023) - An annual review of Development Agreement No. DA2007- 002 for North Newport Center, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The Development Agreement, executed in 2008 and amended in 2012, vested development rights for regional commercial, office, mixed use, and residential uses in North Newport Center and required public benefit contributions to the City. The City Council will review Irvine Company's good faith compliance with the provisions of the Development Agreement. North Newport Center includes the following sub - areas: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza. The project is exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Associate Planner, at 949- 644 -3227 or fnueno @newportbeachca.gov. Leilani Brown, City Clerk City of Newport Beach iJtl�11�.1_ ���F f'�iJFI li iIF��,�'IPJ�> NOTICE IS HEREBY GIVEN that on Tuesday, March 26, 2013, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for North Newport. Center (PA2009 -023) - An annual review of Development Agreement No. DA2007 -002 for North Newport Center, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The Development Agreement, executed in 2008 and amended in 2012, vested development rights for regional commercial, office, mixed use, and residential uses in North Newport Center and required public benefit contributions to the City. The City Council will review Irvine Company's good faith compliance with the provisions of the Development Agreement. North Newport Center includes the following sub - areas: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza. The project is exempt from the California Environmental Quality Act ( "CEQX) pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Associate Planner, at 949- 644 -3227 or fnueno @newportbeachca.gov. a� AI, i Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 26, 2013, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for North Newport Center (PA2009 -023) - An annual review of Development Agreement No. DA2007 -002 for North Newport Center, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The Development Agreement, executed in 2008 and amended in 2012, vested development rights for regional commercial, office, mixed use, and residential uses in North Newport Center and required public benefit contributions to the City. The City Council will review Irvine Company's good faith compliance with the provisions of the Development Agreement. North Newport Center includes the following sub - areas: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Associate Planner, at 949 - 644 -3227 or fnueno(d)newportbeachca.gov. � � �% VW`Y� �, Iv16 {NT✓ Leilani Brown, City Clerk City of Newport Beach NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, March 26, 2013, at 7:00 p.m., a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Annual Review of Development Agreement for North Newport Center (PA2009 -023) - An annual review of Development Agreement No. DA2007 -002 for North Newport Center, pursuant to Section 15.45.080 of the Municipal Code and Section 65865.1 of the California Government Code. The Development Agreement, executed in 2008 and amended in 2012, vested development rights for regional commercial, office, mixed use, and residential uses in North Newport Center and required public benefit contributions to the City. The City Council will review Irvine Company's good faith compliance with the provisions of the Development Agreement. North Newport Center includes the following sub - areas: Fashion Island; Block 100, Block 400, Block 500, Block 600, and Block 800 of Newport Center Drive; and San Joaquin Plaza. The project is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15321 (Class 21 - Enforcement Actions by Regulatory Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing (described in this notice) or in written correspondence delivered to the City, at, or prior to, the public hearing. The agenda, staff report, and documents may be reviewed at the Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport Beach website at www.newportbeachca.gov on the Friday prior to the hearing. For questions regarding details of the project please contact Fern Nueno, Associate Planner, at 949 - 644 -3227 or fnueno(a)newportbeachca.gov. 0 m Lj�t uV i i', Leilani Brown, City Clerk City of Newport Beach �gtrc�hN'� Easy PeelO Labels i A ® Bend along line to a �1VrR 'f0 51600 Use Avery® Template 51600 ; Feed Paper expose Pop -up Edge'r"^ 440 25104 440 361 13 440 361 14 PARK NEWPORT LAND LTD MARC ATRACHTMAN FRANK LEE FRAIN 201 FILBERT ST #700 1625 ARCH BAY DR 1627 ARCH BAY DR SAN FRANCISCO, CA 94133 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 440 361 15 440 361 16 440 361 17 ANN DAVIDSON ANTHONY MAAD OKKO STARLENE M LICUDINE 1629 ARCH BAY DR 1631 ARCH BAY DR PERRY PHILIP L 2002 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 1633 ARCH BAY DR NEWPORT BEACH, CA 92660 440 361 18 440 361 19 440 361 31 NAN N XU VALERIE C CHAN COVE COMMUNITY HARBOR ASSN 8 THUNDERBIRD DR 1618 ARCH BAY DR 23726 BIRTCHER DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 LAKE FOREST, CA 92630 442 011 24 442 01137 442 011 39 SCOTT BURNHAM DAVID M ELLIS DAVID MICHAEL ELLIS 1100 NEWPORT CENTER DR #150 PO BOX 1006 NEWPORT HARBOR CHAMB NEWPORT BEACH, CA 92660 SANTA MONICA, CA 90406 1470 JAMBOREE RD NEWPORT BEACH, CA 92660 442 011 51 442 011 64 442 011 66 FAINBARG CONTROLS II LLC GOLF REALTY FUND CO IRVINE 1600 E COAST HWY INTERNATIONAL BAY CL 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 1221 COAST HWY W NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 442 011 68 442 014 22 442 021 11 HHR NEWPORT BEACH LLC ORANGE COUNTY TRANSIT CO IRVINE PO BOX 579 DISTRICT 5660 KATE LLA AVE #100 LOUISVILLE, TN 37777 11222 ACACIA PKWY CYPRESS, CA 90630 GARDEN GROVE, CA 92840 442 021 23 442 021 25 442 032 25 BANK AMERICAN SAVINGS CO IRVINE CANYON COMMUNITY ASSN BIG PO BOX 4900 7 W 7TH ST PO BOX 7091 SCOTTSDALE, AZ 85261 CINCINNATI, OH 45202 NEWPORT BEACH, CA 92658 442 032 44 442 032 53 442 032 71 IRVINE FOUR LLC BIG CANYON COUNTRY CLUB PRESBYTERY OF LOS RANCHOS ESSEX FAIRWAYS 1 BIG CANYON DR PO BOX 910 925 E MEADOW DR NEWPORT BEACH, CA 92660 ANAHEIM, CA 92815 PALO ALTO, CA 94303 442 081 01 442 08102 442 08103 IRVINE CO OF W VA KNOTT AVENUE PROPERTY INC BURNHAM- NEWPORT LLC 550 NEWPORT CENTER DR 1100 NEWPORT CENTER DR #150 1100 NEWPORT CENTER DR #150 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 08105 442 08107 442 08109 AMALFI INVESTMENTS GP DAVID STINGLER SAN JOAQUIN 2161 LLC PO BOX 7099 500 NEWPORT CENTER DR 369 SAN MIGUEL DR #300 NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 Etiquettes faciles a peler i Se ®de Repliez a la hachure afin de i wvvw.avery.com Utilisez le gabarit AVERY 51600 b chargement r6v6ler le rebord Pop -up*m d 1- 800 -GO -AVERY d Easy Peel0 Labels i Use Avery® Template 51600 442 081 11 1601 AVOCADO LLC 1605 AVOCADO AVE NEWPORT BEACH, CA 92660 442 082 11 NCMB NO 1 LLC 1401 AVOCADO AVE #901 NEWPORT BEACH, CA 92660 442 091 01 EASTLUND PROPERTIES PO BOX 9888 NEWPORT BEACH, CA 92658 442 091 07 JAMES E RICH 802 BAY FRONTS NEWPORT BEACH, CA 92662 442 091 15 SAN MIGUEL PLAZA OWNERS ASSN 1367 AVOCADO AVE NEWPORT BEACH, CA 92660 442 101 19 DONALD LYONS 620 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 442 161 04 230 NEWPORT CENTER DR LLC 1100 NEWPORT CENTER DR #150 NEWPORT BEACH, CA 92660 442 161 12 RONALD B SCHWARTZ 202 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 442 171 53 KENNETH D POLIN 12265 EL CAMINO REAL #200 SAN DIEGO, CA 92130 442 17165 VIEW COMMUNITY CANYON ASSN PO BOX 4708 IRVINE, CA 92616 ® Send along fine to i AVERY@ 51600 ' Feed Paper expose Pop -up EdgeTM ' ' 442 081 12 442 082 08 NEWPORT DIAGNOSTIC CENTER INC NCMB NO 3 LLC 1605 AVOCADO AVE 1401 AVOCADO AVE #901 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 082 12 NCMB NO 4 LLC 1401 AVOCADO AVE #901 NEWPORT BEACH, CA 92660 442 09103 BENJAMIN KRAUT 3921 SANDUNE LN CORONA DEL MAR, CA 92625 442 09108 TRAIL ASSET MANAGEMENT LLC PO BOX 9888 NEWPORT BEACH, CA 92658 442 091 16 TRAIL PROPERTIES LLC EDWARDS THEATRES CIR PO BOX 9888 NEWPORT BEACH, CA 92658 442 101 22 JAMES W COSTELLO 660 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 442 16105 240 NEWPORT CENTER DRIVE ASSOC LP 1100 NEWPORT CENTER DR #150 NEWPORT BEACH, CA 92660 442 161 17 DESIGN PLAZA OWNERS ASSN 505 S VILLA REAL #505 ANAHEIM, CA 92807 442 171 54 DARREL D ANDERSON GRINBERG - ANDERSON MA 1 RUE SAINT CLOUD NEWPORT BEACH, CA 92660 442 180 01 ERICKSON INDSTS INC 3861 WISTERIA ST SEAL BEACH, CA 90740 442 082 14 NCMB NO 2 LLC NEWPORTCENTER MEDICA 1401 AVOCADO AVE #901 NEWPORT BEACH, CA 92660 442 09106 SHIRLEY G KILPATRICK 1367 AVOCADO AVE NEWPORT BEACH, CA 92660 442 091 12 TRAIL PROPERTIES LLC EDWARDS THEATRES CIR 7132 REGAL LN KNOXVILLE, TN 37918 442 10109 CO IRVINE 4343 VON KARMAN AVE #350 NEWPORT BEACH, CA 92660 442 161 03 220 NEWPORT CENTER DRIVE LLC 220 NEWPORT CENTER DR #19 NEWPORT BEACH, CA 92660 442 16106 DMP 250 NEWPORT CENTER LLC 610 NEWPORT CENTER DR #660 NEWPORT BEACH; CA 92660 442 161 18 270 NEWPORT CENTER DR LLC 1100 NEWPORT CENTER DR #150 NEWPORT BEACH, CA 92660 442 171 55 CYNTHIA S GRAFF 3 RUE SAINT CLOUD NEWPORT BEACH, CA 92660 442 181 24 TODD K & YANGJA KIM 9474 NW 54TH DORAL CIRCLE LN DORAL, FL 33178 kiquettes fables a peter � ® Repliez a la hachure afin de i www.avery.com � Utilisez le gabarit AVERY® 51600 Sens de reveler le rebord Po u TM ' 1- 800 -GO -AVERY ' A chargement P P S 1 Easy Peep' Labels i A ® Bend along ine to i AVERVO 51600 Use Avery® Template 51600 Feed Paper expose Pop -up EdgeM 6 442 181 25 442 18126 442 181 39 SHARON E & ROBERT G MYERS JR. GREGORY BERRY OCCUPANT TR 32 RUE FONTAINEBLEAU 7 RUE CHATEAU ROYAL 30 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660. NEWPORT BEACH, CA 92660 442 181 40 442 18141 442 18142 BEKIR BESEN WILLIAM R & MARY E DUGGAN III BEHDAD AKBARPOUR BESEN HEATHER G M 18814 WILLOWTREE LN MIRKARIMI ELHAM 5 RUE CHATEAU ROYAL PORTER RANCH, CA 91326 1 RUE CHATEAU ROYAL NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 181 43 442 18144 442 18145 COLLEEN B MANCHESTER OCCUPANT OCCUPANT 2 RUE CHATEAU ROYAL 4 RUE CHATEAU ROYAL 6 RUE CHATEAU ROYAL NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 18146 442 18147 442 18149 BEST GROUP LP SHIRLEY EBERHARD ELAINE A BONUGLI 2925 BRISTOL ST 1604 ARCH BAY DR 5 RUE MONTREUX COSTA MESA, CA 92626 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 181 50 442 181 51 442 18152 A FREEMAN SULLIVAN DOUGLAS C COULTER FREEMAN FAMILYTRUST DAVIS CASEY STARR 21 RUE FONTAINEBLEAU 3 RUE MONTREUX 1 RUE MONTREUX NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 181 54 442 181 56 442 182 04 MOIRA ALLEN PODLISKA MESA COMMUNITY CANYON ASSN CHARLES & CANDACE KLIEMAN 17 RUE FONTAINEBLEAU PO BOX 7931 21 LOCHMOOR UN NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA 92660 442 182 05 442 182 06 442 182 07 CHIKUSA MASAKO FULTON J FISCHER DOLORES & PT JONES 19 TRINITY 2 RUE MONTREUX 10 RUE FONTAINEBLEAU IRVINE, CA 92612 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 182 08 442 182 09 442 182 10 VIRGINIA MACDONALD NANCY S SOROSKY ROBERT A COVENEY 4 RUE FONTAINEBLEAU 2 RUE FONTAINEBLEAU 1 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 182 11 442 182 12 442 18213 OCCUPANT MOORE OF GATES JENE M WITTE 3 RUE FONTAINBLEAU 303 ARLINGTON DR 6 RUE MARSEILLE NEWPORT BEACH, CA 92660 PASADENA, CA 91105 NEWPORT BEACH, CA 92660 442 182 14 442 18215 442 182 16 HEDWIG A CORTESE PATRICK T & MARLENE V TON ARDISTE REIS 8 RUE MARSEILLE 10 RUE MARSEILLE 12 RUE MARSEILLE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 Etiquettes faciles it peler i Se ©de Repliez a la hachure afin de i www.avery.com Utilisez le gabarit AVERYO 51600 chargement reveler le rebord Pop -upTM 1- 800 -GO -AVERY A Easy Peep' Labels i Use Avery® Template 51600 442 182 17 DOROTHY SANDRA METCALF TR 14 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 20 DANIEL M & BRENDA B CLAUSS 9 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 23 SUSAN P MUNTHE 3 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 26 IRAJ TABIBZADEH 11 RUE FONTAINEBLEAU NEWPORT BEACH, CA 92660 442 23109 SOUTHWEST INVESTORS PO BOX 1960 NEWPORT BEACH, CA 92658 442 26102 TERRIBLE HERBST INC 5195 LAS VEGAS BLVD S LAS VEGAS, NV 89119 442 262 01 PACIFIC MUTUAL LIFE INSURANCE CO FLOOR 1 NEWPORT BEACH, CA 92660 442 271 12 MITCHELL A JUNKINS 12 CORPORATE PLAZA DR #140 NEWPORT BEACH, CA 92660 442 271 15 HERITAGE ONE LLC 4188 MARIPOSA DR SANTA BARBARA, CA 93110 442 271 24 CARNELIAN BAY GROUP LP 300 EAGLE DANCE CIR PALM DESERT, CA 92211 A ® Bend along line to I Feed Paper expose Pop -up EdgeTM A 442 18218 P BARRY BALDWIN 15 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 21 SWAIN 7 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 24 AVRO GAON GAON BOJANA 1 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 27 WARSAW 15 RUE FONTAINBLEAU NEWPORT BEACH, CA 92660 442 231 12 BEACON BAY ENTERPRISES INC 150 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 442 26105 ORANGE COUNTY MUSEUM OF ART 850 SAN CLEMENTE DR NEWPORT BEACH, CA 92660 442 262 03 IRVINE CO LLC 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 442 271 13 WILLIAM W LANGE 13 CORPORATE PLAZA L 13 CORPORATE PLAZA DR #150 NEWPORT BEACH, CA 92660 AQ/ERY@ 51600 A 442 182 19 DOROTHY M TURNBULL 11 RUE MARSEILLE NEWPORT BEACH, CA 92660 442 182 22 DUANE LOUIS KIME II PO BOX 12829 NEWPORT BEACH; CA 92658 442 182 25 RALPH JOHN BOLLINGER 5152 PICCADILLY CIR WESTMINSTER, CA 92683 442 23108 180 NEWPORT CENTER LLC 18101 VON KARMAN AVE #1050 IRVINE, CA 92612 442 231 13 HAMILTON MARGUERITES PROPERTI 100 NEWPORT CENTER DR #200 NEWPORT BEACH, CA 92660 442 261 10 1AA DEV LP PO BOX 1290 AGOURA HILLS, CA 91376 442 262 05 IRVINE APARTMENT COMMUNITIES 550 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 442 271 14 PETER L FITZPATRICK 14 CORPORATE PLAZA 14 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 442 271 16 442 271 17 NEWPORT CORPORATE PLAZA ASSOCS 17 CORPORATE PLAZA ASSOC LLC 1100 NEWPORT CENTER DR #150 17 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 271 34 SCOTT BORAS 18 CORPORATE PLAZA DR NEWPORT BEACH, CA 92660 442 381 01 GERALD H MCQUARRIE 1095 S 800 E #1 OREM, UT 84097 Etiquettes faciles a peter i A Repliez a la hachure afin de ; www.avery.com Utilises le abarit AVERYO 5160® i Sens de reveler le rebord Po u TM ' 1- 800 -GO -AVERY 9 d chargement p" p b 1 Easy Peel- Labels i A o Bend along ine to i o AVERY0 51600 Use Avery® Template 5160® Feed Paper expose Pop -up EdgeTM 442 381 02 442 38103 442 38104 OCCUPANT ALBERT) CROSSON WILLIAM K RUSSELL 12 CANYON FAIRWAY DR 10 CANYON FAIRWAY DR 8 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 381 05 442 381 06 442 38107 WESLEY DEAN HACKER JAMES MUFFIE . JAMES TOMKINSON 6 CANYON FAIRWAY DR 4 CANYON FAIRWAY DR 2 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 38108 442 38109 442 381 10 KIM E CATANZARITE BRIAN MARTINI RAMON ROSSI LOPEZ 1 CANYON CT 3 CANYON CT LOPEZ JAMIE G NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 5 CANYON CT NEWPORT BEACH, CA 92660 442 381 11 442 381 12 442 381 13 TADASHI TED FUNAHASHI SANDRA L MITCHELL FAIRWAY COMMUNITY CANYON 7 CANYON CT 9 CANYON CT ASSOCIATION NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 PO BOX 4708 IRVINE, CA 92616 442 39101 442 39102 442 39103 MIE KATAYAMA WAH LENG LIM SEBASTIAN PAUL MUSCO 32 CANYON FAIRWAY DR 30 CANYON FAIRWAY DR 28 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 39104 442 391 05 442 39106 MCCLOSKEY JAMES & D MYERSON ISIDORE C MYERS 26 CANYON FAIRWAY DR 24 CANYON FAIRWAY DR 22 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 442 391 07 442 391 08 442 39109 UNIVERSITY CHAPMAN VALERIA NAGY MARILYN J FRENCH 1 UNIVERSITY DR 18 CANYON FAIRWAY DR J &M FRENCH FAMILY TR ORANGE, CA 92866 NEWPORT BEACH, CA 92660 16 CANYON FAIRWAY DR NEWPORT BEACH, CA 92660 442 421 09 442 421 10 458 30103 COMMUNITY ASSN GRANVILLE 1000 NEWPORT CENTER LLC RG REALITY LLC PO BOX 19703 7956 PAINTER AVE 2301 SAN JOAQUIN HILLS RD IRVINE, CA 92623 WHITTIER, CA 90602 CORONA DEL MAR, CA 92625 458 30108 458 631 11 458 631 19 ROGER'S REALTY LLC MICHAEL CROSSLEY MARIA CHAN ROGERS GARDEN SUNSET TRUST 1672 PLACENTIA AVE 2301 SAN JOAQUIN HILLS RD 1 HARBOR POINTE DR COSTA MESA, CA 92627 CORONA DEL MAR, CA 92625 CORONA DEL MAR, CA 92625 458 631 20 458 631 21 458 63126 ZANG HEE CHO POINTE- NEWPORT HARBOR MARSHALL FREEDMAN 29 HARBOR POINTE OWNERS ASSN 2 HARBOR POINTE CORONA DEL MAR, CA 92625 431 N BROOKHURST ST CORONA DEL MAR, CA 92625 ANAHEIM, CA 92801 Etiquettes faciles a peter A Repliez a la hachure afin de Sens de v w.avery.com Utilisez le gabarit AVERYO 51600 reveler le rebord Po u TM ' chargement P' p b 1- 800 -GO -AVERY d Easy Peel- Labels i A ® Bend ine to i up AVERY® 5160® Use Avery®Template 5160® Pop-along Feed Paper expose EdgeT^' A 458 631 27 939 637 29 939 637 30 HAL MORRIS COMPANIES INC JAMES CAVANAUGH RICHARD LEE ROBERTS TR OF HAL MORRIS TR CAVANAUGH ESTHER PO BOX 701533 4 HARBOR POINTE 554 DORSET RD TULSA, OK 74170 CORONA DEL MAR, CA 9262S DEVON, PA 19333 939 637 31 939 637 32 939 637 33 URSULA EASTMAN LOUIS F SABATASSO PAUL HITZELBERGER PO BOX 1313 1009 GRANVILLE DR HITZELBERGER JANE LAGUNA BEACH, CA 92652 NEWPORT BEACH, CA 92660 4760 HIGHLAND DR #604 SALT LAKE CITY, UT 84117 939 637 36 939 637 37 939 637 38 JOHN C WARNER EUGENE RICHARD DORSEY WARE 1017 GRANVILLE DR 177 RIVERSIDE AVE 6753 BROCKTON AVE NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 RIVERSIDE, CA 92506 939 637 39 939 637 40 939 637 42 ALEXJIANAS RENE RALPH WOOLCOTT HOBARTASMITH 1023 GRANVILLE DR 3213 FIVE POINTS RD 1029 GRANVILLE DR NEWPORT BEACH, CA 92660 MARSHALL, VA 20115 NEWPORT BEACH, CA 92660 939 637 43 939 637 44 939 637 45 DRUCILLA D FINKLE FRANK EDWARD LEGRAND RED ROCK 1031 GRANVILLE DR 1033 GRANVILLE DR 2532 DUPONT DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 IRVINE, CA 92612 939 637 46 939 637 47 939 637 48 ROBERT E FRENCH DONALD JOHN ROBINSON OCCUPANT 1037 GRANVILLE DR 1039 GRANVILLE DR 1041 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 939 637 49 939 637 50 939 637 51 DOUGLAS A NEWCOMB JAMES E MITCHELL MARK SUSSON 1043 GRANVILLE DR 1045 GRANVILLE DR 1047 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 939 637 52 939 637 53 939 637 54 DOROTHY M KANOWSKY JUNE KVARDA FRANK MCGEOYJR. KANOWSKY SURVIVORS T 1051 GRANVILLE DR 1053 GRANVILLE DR 1049 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 939 637 55 939 637 56 93963757 EDDY SCHIELEIN LLC ANNE M DIORIO 1055 GRANVILLE DR 1221 W COAST HWY #314 1059 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 939 637 S8 939 637 59 939 637 60 JACKS LEIDER STEVEN N NELSON RALPH LOZORKIEWICZ 1061 GRANVILLE DR NELSON NANCY POPE 1065 GRANVILLE DR NEWPORT BEACH, CA 92660 1063 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 Etiquettes faciles 91 peler © Repliez a la hachure afin de ; Sens de www.avery.com Utilisez le gabarit AVERY® 51600 i reveler le rebord Po u *m ' b chargement P- P b 1- 800 -GO -AVERY ' Easy Peel- Labels i A ® Bend along line to i AVERVO 5160® Use Avery® Template 51600 a Feed Paper expose Pop -up EdgeTM 1/�t lam' 939 637 61 939 637 63 939 637 64 OLIVIA RUTH CHAMI KATHLEEN CHAPMAN DAVID W CROSS 5 RUE FONTAINE 1071 GRANVILLE DR CROSS MAUREEN GRAHAM NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 1073 GRANVILLE DR NEWPORT BEACH, CA 92660 939 637 65 939 637 66 939 637 67 GORDON MEYER THOMAS MILANO JOHN E STONEMAN MEYER MARJORIE M TRU 3 WATSON 1103 GRANVILLE DR 49511 CANYON VIEW DR IRVINE, CA 92618 NEWPORT BEACH, CA 92660 PALM DESERT,CA 92260 939 637 68 939 637 69 939 637 70 CHARLES H LOOS OLIVIA CHAMI KATHLEEN HANSEN 1105 GRANVILLE DR 1107 GRANVILLE DR 1109 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 939 637 71 939 637 72 939 637 73 MARION C BUIE OCCUPANT PAUL G MACMILLIN 1111 GRANVILLE DR 1113 GRANVILLE DR MAC MILLIN SUZANNE R NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 1115 GRANVILLE DR NEWPORT BEACH, CA 92660 939 637 74 939 637 75 939 637 76 MARCEL BLATTER BARBARA K CARR CATALYST PROPERTIES LLC 1117 GRANVILLE DR 100 NEWPORT CENTER DR #140 14800 ASHWORTH AVE N NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 SHORELINE, WA 98133 939 637 77 939 637 78 939 637 79 RICHARD S LERNER BARBARA GRANT WILLIAM P FICKER 1123 GRANVILLE DR 1125 GRANVILLE DR #50 1127 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 939 637 80 939 637 81 939 637 82 ARTHUR SHAPIRO COMMUNITY ASSN GRANVILLE DAVID BALL 1129 GRANVILLE DR 16845 VON KARMAN AVE #200 1133 GRANVILLE DR NEWPORT BEACH, CA 92660 IRVINE, CA 92606 NEWPORT BEACH, CA 92660 939 637 83 939 637 84 939 637 85 ROBERT & LISA AHLKE LINDA G KROLOP SHAMIR SHETH 177 RIVERSIDE AVE #F 1137 GRANVILLE DR 1139 GRANVILLE DR NEWPORT BEACH, CA 92663 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 939 637 86 939 637 87 939 637 88 WILLIAM E KEENAN PAUL D CHRIST ILEANE DOOLIN 1141 GRANVILLE DR PO BOX 9757 1145 GRANVILLE DR NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92658 NEWPORT BEACH, CA 92660 939 637 89 939 637 90 939 637 91 ALEEN JAMES J J BIRMINGHAM CRAIG DAVENPORT 1147 GRANVILLE DR & H BIRMINGHAM 1989 1120 GRANVILLE DR NEWPORT BEACH, CA 92660 1801 PARK COURT PL #1 NEWPORT BEACH, CA 92660 SANTA ANA, CA 92701 Eti uettes faciles a eler q p i © Repliez a la hachure afin de Sens de www.avery.com � Utilisez le abarit AVERY 5160® 9 i reveler le re6ord Po u T"^ chargement p- p b 1- 800 -GO -AVERY ACnAV- VV -UUU -L w0'3•Raane•nnnnnn 939 637 92 MICHAEL R A WADE WADE CAROLE 1110 GRANVILLE DR NEWPORT BEACH, CA 92660 939 637 95 ALMA CHERIAN 1070 GRANVILLE DR NEWPORT BEACH, CA 92660 wyun -wa pevya o� ae�enea ap uge ampeq el a zapday ap sua5 939 637 93 DANIEL D DARROW 1100 GRANVILLE DR NEWPORT BEACH, CA 92660 939 637 96 KLINGAMAN 1060 GRANVILLE DR NEWPORT BEACH, CA 92660 CANYON VIEW COMMUNITY ASSOC TOTAL PROPERTY MGMT INC Attn: MICHELLE BENSON 2 CORPORATE PARK 200 IRVINE, CA 92602 CANYON FAIRWAY COMMUNITY ASSOC. VILLAGEWAY MANAGEMENT CO 2 VENTURE 500 IRVINE, CA 92618 ®096§ 0A83" ;uegeo al zasimm salad a salpq sanonb133 939 637 94 MICHAEL H & N A FUSCO 2 RUE CANNES NEWPORT BEACH, CA 92660 NEWPORT CENTER ASSOCIATION NO CONTACT INFORMATION MEDICAL PLAZA ASSOC AT NEW PORT CENTER ATTN: LILLANE COKER P. 0. BOX 15905 NEWPORT BEACH, CA 92659 HARBOR POINTE HOA CLASSIC PROPERTY MGMT Attn: KEN SHELTON 16470 BAKE PARKWAY IRVINE, CA 92618 GRANVILLE COMMUNITY ASSOCIATION CANYON MESA COMMUNITY ASSOC. KEYSTONE PACIFIC PROP MGT VILLAGEWAY MANAGEMENT CO 16845 VON KARMAN 200 2 VENTURE 500 IRVINE, CA 92606 IRVINE, CA 92618 LATHAM & WATKINS LLP ATTN: CHRISTOPHER W. GARRETT 600 WEST BROADWAY, SUITE 1800 SAN DIEGO, CA 92101 -3375 Labels Created: 03/12/2013 byJH PA2009 -023 NORTH NEWPORT CENTER DA REVIEW 222 Labels 7 9 wy96P3 do -dod asodxa jaded paaj v 0o91s a;eldwal ®ldany asD i 009LS OA.UI3% V i o} gull 6uole puss p i slage3 ®lead Kse3 CI'�Y LLE�K�S OOFFICE On 0�c�<<" (, , 2013, 1 posted 7 Site Notices of the Notice of Public Hearing regarding: Annual Review of Development Agreement for North Newport Center Location(s): �j01 ��2w(1o�rfi �-�^�' 1�r1�•2 5�8� ✓�z- w�:�.r -1 C� ^-!Fr �fu�, SSZ� - -L �n¢w•�� � cx� -Fer ofu�e, (PA2009 -023) Date of City Council Public Hearing: March 26, 2013 ��OCi�F OF URBAN I PJ STATE OF C AL IFORNIA COUNTY OF ORANGE I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Tuesday, March 16, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on March 20, 2013 at Los Angeles, California } iJ- Signature jo 0E *If KV SZ 13b; 1102 {