HomeMy WebLinkAbout12 - Uptown Newport Planned CommunityCITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 12.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644-3226,
kbrandt@newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner
PHONE: 949-644-3210, jcampbell@newportbeachca.gov
TITLE: Uptown Newport Planned Community, Affordable Housing Implementation Plan
(AHIP) Amendment (PA2014-011), Located at 4311-4321 Jamboree Road.
ABSTRACT:
Amendment of the Uptown Newport Affordable Housing Implementation Plan. The Uptown Planned
Community is located in the Airport Area west of the intersection of Jamboree Road and Fairchild Road
(Staff Report Attachment CC 1).
RECOMMENDATION:
Conduct a public hearing; and
Adopt Resolution No. 2014-18, A Resolution of the City Council of the City of Newport
Beach Approving an Amendment of the Affordable Housing Implementation Plan No.
AH2O12-001 for the Uptown Newport Planned Community Located at 4311-4321 Jamboree
Road (PA2014-011), finding that all significant environmental concerns for the proposed
project have been addressed in a previously certified Environmental Impact Report No.
ER2012-001 (SCH No. 2010051094) and approving an amendment of the Uptown Newport
Affordable Housing Implementation Plan No. AH2O12-001 (Staff Report Attachment CC 2).
FUNDING REQUIREMENTS:
No budgetary impact.
DISCUSSION:
On February 26, 2013, the City Council approved the Uptown Newport Planned Community consisting
of the construction of a mixed-use community with up to 1,244 residential units, 11,500 square feet of
neighborhood -serving retail space, and approximately two (2) acres of park space. The project is
planned to be implemented in two 12 -acre phases. Phase 1 is planned to begin later this year, and
Phase 2 is planned to commence in between 2017 and 2027.
The project included a 35% density bonus, and as a result, an Affordable Housing Implementation Plan
(AHIP) was required to address the construction of affordable housing. The approved AHIP requires the
construction of affordable housing in each phase closely proportionate to the total number of units in
each phase. The applicant is now planning to construct nearly all the minimum number of affordable
units in Phase 1, and therefore requests an appropriate amendment to the AHIP. The proposed
amendment would potentially allow 100% of the affordable housing within Phase 1. The current plan is
to construct 2 apartment buildings with 80% market -rate units and 20% very -low income units thereby
providing 97 of the minimum 102 required very -low income units. The resulting percentage of affordable
units would be approximately 15% of Phase 1, and staff has no concerns with this potential unit mix.
On February 6, 2014, the Planning Commission conducted a noticed public hearing on the amendment
request. The staff report for this meeting is attached (Attachment CC 3). The City received two
comment letters that were also considered (Attachment CC 4). At the conclusion of the hearing, the
Commission voted unanimously (4-0) to adopt Resolution No 1935 recommending approval of the
amendment (Attachment CC 5).
ENVIRONMENTAL REVIEW:
All significant environmental concerns for the proposed project have been addressed in a previously
certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094), and that the City of
Newport Beach intends to use said document for the above noted project, and further that there are no
additional reasonable alternative or mitigation measures that should be considered in conjunction with
said project. Copies of the previously prepared environmental document are available for public review
and inspection at the Planning Division or at the City of Newport Beach website
at: www.newr)ortbeachca.aov/ceciadocuments.
NOTICING:
Notice of this request was published in the Daily Pilot, mailed to all owners of property within 300 feet of
the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant
and posted on the subject property at least 10 days before the scheduled meeting, consistent with the
provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website.
ATTACHMENTS:
Name:
D
Attachment CC t.odf
❑
Attachment CC 2.odf
❑
Attachment CC 3.odf
n
Attachment CC 4.odf
❑
Attachment CC 5.odf
Descriptor:
Vicinity Map
Draft City Council Resolution
Planning Commission Staff Report dated 2/06/2014
Correspondence Received
Planning Commission Resolution No. 1935 (approved & unsigned)
Attachment CC 1
Vicinity Map
Attachment CC 2
Draft City Council Resolution
RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING AN AMENDMENT OF THE AFFORDABLE HOUSING
IMPLEMENTATION PLAN NO. AH2012-001 FOR THE UPTOWN NEWPORT
PLANNED COMMUNITY LOCATED AT 4311-4321 JAMBOREE ROAD
(PA2014-011)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Uptown Newport LP ("Uptown Newport" or "Applicant') with
respect to a 25.05 -acre property generally located on the north side of Jamboree Road
between Birch Street and the intersection of Von Karman Avenue and MacArthur
Boulevard, legally described as Lots 1 and 2 of Tract No. 7953 and incorporated herein by
reference, (the `Property") requesting approval for the development of up to 1,244
residential dwelling units, 11,500 square feet of retail commercial uses and 2.05 acres of
parklands (the "Project') in two phases. The application included the following: Planned
Community Development Plan Amendment No. PD2011-003, Planned Community
Development Plan Adoption No. PC2012-001, Development Agreement No. DA2012-003,
Tentative Tract Map No. NT2012-002, Traffic Study No. TS2012-005, and Affordable
Housing Implementation Plan No. AH2012-001.
2. On February 26, 2013, the City Council certified the Uptown Newport Final Environmental
Impact Report (SCH No. 2010051094) in compliance with the California Environmental
Quality Act ("CEQA"), the State CEQA Guidelines, and City Council Policy K-3, and
approved the application while making certain findings in accordance with CEQA and the
State CEQA Guidelines.
3. The AHIP specifies the amount and timing of construction of affordable housing within the
Uptown Newport Planned Community resulting from the City allowing an additional 322
units above the maximum allowed by the General Plan pursuant to Government Code
Section 65915-65918 ("State Bonus Density Law"), Title 19, Chapter 19.54 (Inclusionary
Code), and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport Beach
Municipal Code. The approved AHIP requires a minimum of 55 percent and a maximum
of 60 percent of the total affordable housing requirement be constructed in Phase 1.
4. Uptown Newport LP filed an application requesting an amendment of the AHIP to provide
additional flexibility to allow up to 100 percent of the affordable housing requirement be
constructed in Phase 1.
5. A public hearing was held by the Planning Commission on February 6, 2014, in the City
Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of
time, place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting. At the conclusion of the hearing, the Planning
Commission adopted Resolution No. 1935 by a vote of 4-0 (3 absent) recommending City
Council approval of the proposed amendment.
Resolution No. 2014 -
Page 2 of 3
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. All significant environmental concerns for the proposed project have been addressed in
the previously certified Environmental Impact Report No. ER2012-001 (SCH No.
2010051094), and the City of Newport Beach intends to use said document for the above
noted project. Furthermore, there are no additional reasonable alternative or mitigation
measures that should be considered in conjunction with said project. Copies of the
previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website at
www.newportbeachca.gov/cegadocuments
2. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and
bear the responsibility for any costs, attorneys' fees and damages which may be awarded
to a successful challenger.
SECTION 3. FINDINGS.
1. The proposed amendment to the AHIP does not diminish the total number of affordable
units required to be constructed within the Uptown Newport Planned Community. The
proposed amendment would authorize up to 100 percent of the project's requirement
within Phase 1 thereby accelerating the production of affordable housing.
2. The proposed amendment is consistent with the City's housing goals identified in the
Housing Element and it is consistent with Government Code Section 65915-65918 ("State
Bonus Density Law"), and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport
Beach Municipal Code.
SECTION 4. DECISION
NOW, THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
1. Approve an amendment to Affordable Housing Implementation Plan No. AH2O12-001 as
follows with all other provisions remaining unchanged:
Vll. Phasing of the Affordable Housing Production
1. Affordable housing shall be constructed in ea Gh ^f the twe pFepesed phase ^f
d^V„fthe project. Based upon the current phasing plan where 680 units are
proposed for Phase 1 (55% of the project) and 644564 units are proposed for
Phase 2 (45% of the project), the minimum number of affordable units to be
constructed in Phase 1 shall be 55% and shall nat exeee' 600' ^f the total
affordable housing obligation for the Uptown Newport project. The remaining
affordable housing obligation if any, shall be constructed in Phase 2.
Resolution No. 2014 -
Page 3 of 3
2. Prior to the issuance of a certificate of occupancy for fifty percent (50%) of the
market rate units planned within in a Phase, the Owner shall commence
construction or complete the construction of a minimum of fifty percent (50%) of the
affordable units required to be constructed within eaG4that Phase.
3. Prior to the issuance of a certificate of occupancy for ninety percent (90%) of the
market -rate units within eacha Phase, the Owner shall obtain a certificate of
occupancy for all affordable units required to be constructed within eaG4that
Phase.
2. This resolution shall take effect immediately upon its adoption by the City Council, and the
City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2014, BY THE
FOLLOWING VOTE, TO -WIT:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
Attachment CC 3
Planning Commission Staff Report
dated February 6, 2014
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
February 6, 2014
Agenda Item No. 4
SUBJECT: Uptown Newport Planned Community, Affordable Housing
Implementation Plan (AHIP) Amendment - (PA2014-011)
4311 & 4321 Jamboree Road
APPLICANT: Uptown Newport LP
PLANNER: James Campbell, Principal Planner
(949) 644-3210, jcampbell@newportbeachca.gov
PROJECT SUMMARY
Amendment of the Uptown Newport Affordable Housing Implementation Plan.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt the attached resolution recommending City Council approval of an
amendment of the Uptown Newport Affordable Housing Implementation Plan
(Attachment No. PC 1).
On February 26, 2013, the City Council approved the Uptown Newport Planned
Community consisting of the construction of a mixed-use community with up to 1,244
residential units, 11,500 square feet of neighborhood -serving retail space, and
approximately two (2) acres of park space. The project included the approval of an
Affordable Housing Implementation Plan (AHIP) (Attachment PC 2) that addresses the
construction of affordable housing within the planned community. The applicant
requests an amendment of the AHIP to change the timing of the construction of
affordable housing (Attachment PC 3).
Background
Uptown Newport is planned in two phases. Phase 1 encompasses approximately half of
the 25 acre planned community and includes the demolition of a single -story office
building and parking areas and development of the westerly portion of the property
along Jamboree Road. Phase 1 consists of roads, infrastructure, and up to 680
residential units, a 1 -acre public park, and up to 11,500 square feet of retail space.
Phase 1 is projected to commence in 2014 and be completed in 2018.
1
Uptown Newport Planned Community, AHIP Amendment
February 6, 2014
Page 3
Phase 2 will include demolition of the existing industrial uses, buildings, and parking
areas to make way for the remaining 564 residential units and a 1 acre public park on
the easterly portion of the property. Timing for Phase 2 construction would be
contingent upon the existing lease of the existing manufacturing facility, which will
expire in March 2017, but could be extended to March 2027 by the manufacturer (Tower
Jazz).
The City granted a 35% density bonus (322 additional units above what the General
Plan would otherwise allow) in exchange for the construction of housing units that would
be affordable to very low-income, low-income, or moderate -income households. The
precise number is dependent upon the income category or categories served. The
approved AHIP requires the construction of affordable housing in each phase closely
proportionate to the total number of units in each phase. Phase 1 would include
between 55% and 60% of the total number of affordable units and Phase 2 would
include the remainder.
DISCUSSION
The AHIP includes a minimum percentage of affordable housing for Phase 1 to ensure
that affordable housing wasn't deferred to Phase 2. The maximum percentage was
included to allow flexibility. Given the added complexity of financing and managing
affordable housing developments, the applicant would like the possibility to construct
100% of the affordable housing within Phase 1.
Given the amount of the density bonus (35%) authorized, the applicant must construct
102 very -low income units, or 185 low-income units, or 367 moderate -income units.
There is a formula to calculate the number of units should more than one income group
be served and it would not exceed the moderate -income total. The following table
details the housing options if the affordable units were constructed entirely in Phase 1.
Affordable -Housing Development Options
Residential
If Ver
-Low:
If Low -Income:
If Moderate -Income:
Units
# of Units
% of Total
# of Units
% of Total
# of Units
% of Total
# of
Affordable
102
15%
185
27%
367
54%
Market -rate
units
578
85%
495
73%
313
46%
Total Phase
1 units
680
100%
680
100%
680
100%
3
Uptown Newport Planned Community, AHIP Amendment
February 6, 2014
Page 4
Alternatives
The Commission could also consider the following alternative actions:
1. Recommend no change to the existing AHIP, which would require affordable
units be constructed in Phase 1 and Phase 2.
2. Amend the AHIP, but modify the income categories permitted in Phase 1 (i.e.,
not allow moderate units).
Environmental Review
All significant environmental concerns for the proposed project have been addressed in a
previously certified Environmental Impact Report No. ER2012-001 (SCH No.
2010051094), and that the City of Newport Beach intends to use said document for the
above noted project, and further that there are no additional reasonable alternative or
mitigation measures that should be considered in conjunction with said project. Copies of
the previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website at
www.newportbeachca.gov/cegadocuments.
Public Notice
Notice of this request was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
Prepared by:
W
J es Campbell, Principal Plariner
ATTACHMENTS
PC! DFaft Res(.i--tk;R
PC 2 Adopted Uptown Newport AHIP
Submitted by:
r n a Wisnesl i, rlCP, Deputy Director
r
Attachment PC 2
Adopted Uptown Newport AHIP
11
Intentionally Blank
12
UPTOWN NEWPORT
AFFORDABLE HOUSING IMPLEMENTATION PLAN
February 26, 2013
Uptown Newport AHIP
Page 1
13
CONTENTS
I. Introduction.....................................................................................................................3
II.
Project Description..........................................................................................................3
III.
Affordable Housing Obligation.........................................................................................4
IV.
Methods to meet Affordability Requirements...................................................................5
V.
Definitions.......................................................................................................................5
Vl.
Assurance of the Development of Affordable Housing....................................................8
VII.
Phasing of the Affordable Housing Production................................................................8
VIII.
Affordable Housing Agreement.......................................................................................8
X.
Amendments of the AHIP................................................................................................9
X.
Successors in Interest.....................................................................................................9
Xl.
Right to Assign................................................................................................................9
14
I. Introduction.
Uptown Newport consists of 25 acres of developed land located in the City of Newport Beach
on the north side of Jamboree Road at the intersection of Fairchild Road. The property was
originally developed as part of the Koll Center, and has been used for manufacturing
telecommunications equipment and computer chips since the 1970's. The property currently
includes two industrial buildings that are leased to multiple tenants including TowerJazz, who
manufactures computer chips onsite. The property is currently accessed via two entries on
Jamboree Road, a drive access via Birch, and a drive access via Von Karmen Avenue.
The City's General Plan allows for infill development and redevelopment of the Airport
Business Area including up to 2,200 residential units. In September of 2010, the City
approved the Koll-Conexant Integrated Conceptual Development Plan (]CDP), which
provides a framework for residential development on both the Koll and Conexant properties
within the Airport Business Area. The ICDP allocated a maximum of 1,244 residential units
and up to 11,500 square feet of retail to be developed on the Uptown Newport (formerly
Conexant) property, and up to 260 residential units to be developed on the Koll property.
IL Project Description.
The Uptown Newport Planned Community Development Plan (PA2011-134) project will
include redevelopment of the 25 -acre property into a high-density mixed use residential
project. Up to 1,244 residential units, 11,500 square feet of retail, and 2 acres of park space
are planned as part of the project.
The project is anticipated to be developed in two primary phases. Phase 1 will include
demolition of the existing single -story office building at 4311 Jamboree, and development of
the westerly portion of the property, including the frontage along Jamboree Road. Phase 1
will include development of up to 680 residential units and up to 11,500 square feet of retail
space, and is projected to commence in 2013. Phase 2 will include demolition of the existing
TowerJazz fabrication building, and development of approximately 564 residential units on
the easterly portion of the property.
The number of residential units planned to be developed is based upon replacement units
allocated to the site based on conversion of existing office and industrial uses to residential
uses, additive units allocated pursuant to the General Plan, and density bonus units allowed
pursuant to Government Code Section 65915-65918 ("State Density Bonus Law") and City of
Newport Beach Municipal Code Chapter 20.32 (the "Density Bonus Code").
On the Uptown Newport site, up to 632 units would replace the existing industrial and office
uses which are to be demolished, 290 units are additive for a total of 922 units ("Base Units").
Up to 322 additional units can be developed as density bonus units pursuant to the State
Bonus Density law and the Density Bonus Code.
Uptown Newport AHIP Page 3
15
Replacement Units 632
Additive Units 290
Subtotal — Base Units 922
Density Bonus Units @ 35% 322
Total Units 1,244
The State Density Bonus Law and the City's Density Bonus Code provide for an increase in
the number of units of up to thirty-five percent (35%) above the maximum number of units
allowed by the General Plan provided the project constructs a minimum number of affordable
units depending upon what income category is served. At the maximum density bonus of
35%, the Project could accommodate up to 322 additional units above the 922 Base Units for
a total of 1,244 total units.
This AHIP is intended to implement affordable housing requirements for the Uptown Newport
project pursuant to the State Bonus Density Law, Title 19 Chapter 19.54 of the Newport
Beach Municipal Code ( the "Inclusionary Code"), and the Density Bonus Code.
III. Affordable Housing Obligation
Subdivision projects that result in a net increase of residential units have a requirement to
provide affordable housing pursuant to the City's inclusionary housing requirements that are
set forth in chapter 19.54 of the Municipal Code as well as the Density Bonus Code set forth
in chapter 20.32 of the Municipal Code (combined, the 'Affordability Requirements" or
"Affordable Housing Requirements").
The Owner seeks to achieve the maximum 35% density bonus, and will meet the Affordable
Housing Requirements by the construction of affordable housing as follows:
• By providing a minimum of eleven percent (11 %) of the Base Units (102 units) for
Very -Low Income households for rent, or
• By providing a minimum of twenty percent (20%) of the Base Units (185 units) for
Low -Income households for rent, or
• By providing a minimum of forty percent (40%) of the Base Units (369 units) for
Moderate -Income households for ownership, or
• By providing a combination of the above.
In the event a combination of the above housing types is constructed, a Very -Low Income
unit shall be deemed to be the equivalent of 3.6 Moderate Income units or 1.8 Low -Income
units. A Low -Income unit shall be the equivalent of 2 Moderate -Income units. For example, if
30 Very -Low Income units are constructed, either 131 Low -Income or 261 Moderate Income
units would be required to complete the affordability requirements If 89 Low -Income units are
constructed, 191 Moderate -Income units are required. For this conversion the required
number of units shall be rounded up to the nearest whole number.
Uptown Newport AHIP Page 4
16
In the event that the Project utilizes a density bonus of less than 35%, then the Affordability
Requirements would be reduced pro -rata with the reduction of market rate units through an
amendment to this AHIP.
IV Methods to meet Affordability Requirements
The Owner shall meet its Affordable Housing Requirements by developing the affordable
units on site. Affordable units may be dispersed throughout the Planned Community or
clustered in one or more sections of the Planned Community.
V. Definitions
The City's Affordability Requirements and Affordable Housing Requirements set out certain
definitions and descriptions to assist in the implementation of the requirements, many of
which are indicated below. These definitions and descriptions will be utilized in the
interpretation of the requirements under this AHIP:
A. Affordable Housing Agreement (AHA). Section 20,32.100 of the Density
Bonus Code requires that an applicant that seeks a density bonus shall enter
into an Affordable Housing Agreement ("AHA") with the City. Section
19.54.020(A) of the Inclusionary Code states that the AHA shall provide legal
restrictions by which the affordable units shall be restricted to ensure that the
units remains affordable to very low-, low-, or moderate -income households,
as applicable. With respect to rental units, rent restrictions shall be in the form
of a regulatory agreement recorded against the applicable property. With
respect to owner -occupied units, resale controls shall be in the form of resale
restrictions, deeds of trust, and/or other similar documents recorded against
the applicable property.
B. Affordable Housing Cost. Pursuant to State of California Health & Safety
Code Section 50052.5, affordable housing costs for any owner -occupied for -
sale affordable units shall be as follows:
a. The affordable housing costs for very low-income households shall not
exceed thirty (30) percent of fifty (50) percent of area median income
for Orange County adjusted for household size appropriate for the unit.
b. For low-income households the affordable housing costs shall not
exceed thirty (30) percent of seventy (70) percent of area median
income for Orange County adjusted for household size appropriate for
the unit. For those low-income households with incomes above
seventy (70) percent of area median income the maximum affordable
housing cost may be increased to thirty (30) percent of the income of
the household.
C. For moderate -income households the affordable housing costs shall
not be less than twenty-eight (28) percent of the gross income of the
household nor exceed thirty-five (35) percent of one hundred ten (110)
percent of Orange County area median income adjusted for household
size appropriate for the unit. Furthermore, for those moderate -income
households with incomes above one hundred ten (110) percent of area
Uptown Newport AHIP
Page 5
FRi
median income the affordable housing costs may be increased to
thirty-five (35) percent of the gross income of the household.
d. Pursuant to sections 19.54.020 (C) and (D) of the City's Municipal
Code "Adjusted for household size appropriate for the unit" shall mean
a household size based upon two (2) persons per bedroom except for
efficiency units where the household size shall be one (1) person.
C. Affordable Rental Price. - Municipal Code section 19.54.020(D) defines an
affordable rental price as an annual rent that does not exceed thirty (30)
percent of the maximum income level for very low-, low-, and moderate -
income households, as adjusted for household size. In determining the
maximum household income for a given affordable unit, it shall be based upon
each bedroom being occupied by two persons, except for efficiency units (one
person),
D. Affordable Unit. - Municipal Code section 19,54.020 (E) defines an Affordable
Unit as an ownership or rental -housing unit, including senior housing,
affordable to households with very low-, low-, and moderate -incomes as
defined herein.
E. Low -Income.- Municipal Code section 19.54.020 (G) defines low-income as
an income between fifty (50) percent and eighty (80) percent of the Orange
County median income, adjusted for actual household size, as determined by
the California Department of Housing and Community Development ("I-1CD").
Within this AHIP 'low-income" and "lower-income" shall have the same
meaning.
F. Moderate -income. - Municipal Code section 19.54,020 (H) defines moderate -
income as an income between eighty (80) percent and one hundred twenty
(120) percent of the Orange County median Income, adjusted for actual
household size, as determined by the HCD.
G. Very low-income. - Municipal Code section 19.54.020 (1) defines very low-
income to mean income fifty (50) percent or less of the Orange County median
income, adjusted for actual household size, as determined by the 1-1 CD.
H. Annual Adjustments. - Orange County Area Median Incomes utilized for
setting the Affordable Housing Price, Affordable Housing Costs, and
Affordable Rental Price shall be those published annually by HCD.
I. Permissible Residency. - Whenever an occupancy restriction identifies a
particular household category for occupancy, households with less income
may also occupy that unit. So, for example, if a unit has a Moderate -Income
restriction, Low -Income and Very -Low Income households may occupy that
unit. Similarly, if a unit has a Low-income restriction, Very Low -Income
households may occupy that unit.
J. Rental Income Limits Established. - The permissible rental rates for the
affordable units shall not exceed the Affordable Rental Price described earlier
in this AHIP.
Uptown Newport AHIP Page 6
18
K. Affordable Housing Costs Established. - The permissible Affordable
Housing Costs for the affordable units shall not exceed the Affordable Housing
Costs described earlier in this AHIP.
L. Term of Affordability Restrictions.
a. The affordable rental units provided through the implementation of this
AHIP shall be legally restricted to occupancy by, and affordable to,
households meeting the income requirements designated herein for a
minimum duration of thirty (30) years from the date of the certificate of
occupancy for the affordable units.
b. Any affordable owner -occupied units provided through the
implementation of this AHIP will be restricted to occupancy by, and
affordable to, moderate income households. The term of the
restrictions will run until the earlier of (i) the termination of the
affordability restrictions in accordance with the equity sharing
provisions described in section c(i) below or (ii) thirty (30) years from
the date of the initial Certificate of Occupancy.
C. The affordability restrictions will be documented by the recording of the
following documents against the affected units:
i. In the case of owner -occupied for -sale units a Regulatory
Agreement, Restrictive Covenant, or equivalent will be recorded
against each affordable unit upon the sale to the initial occupant.
The new qualified owner will also sign a promissory note with
the City as beneficiary in the amount of the City's initial subsidy,
which shall be as defined in section 20.32.090 B 2 (a) of the
Density Bonus Code. The promissory note will be secured by a
trust deed, which will be recorded against the unit and
subordinated to conventional financing secured by the buyer,
which will be in first position on title. The affordable units shall
be subject to the City's equity sharing requirements which are
described in section 20.32.090 B of the City's Density Bonus
Code.
ii. In the case where the restricted units are rental units, a
Regulatory Agreement or equivalent will be recorded against
the apartment project assuring the continued affordability of the
restricted units for a minimum of 30 years. The Regulatory
Agreement will be subordinate to any conventional mortgage or
bond financing which has a first trust deed position against the
apartment project.
M. Units Applicable against RHNA Requirements. - The City and Owner agree
that any affordable units produced through the implementation of this AHIP
may be used by the City to meet its Regional Housing Needs Assessments
("RHNA") specified by the Southern California Association of Governments
("SCAG").
Uptown Newport AHIP
Page 7
19
N. Orange County Area Median Income. - Annually HCD publishes area
median incomes ("AMI") for each county in California. HCD revised and
updated its 2012 income limits on February 1, 2012. The 2012 income limits
for Orange County are as follows:
Orange County Median Income - 2012
Household Size
1
2
3
4
5
In come Category:
Extremely Low Income
$20,250
$23,150
$26,050
$28,900
$31,250
Very Low Income
$33,750
$38,550
$43,350
$48,150
$52,050
Lower Income
$53,950
$61,650
$69,350
$77,050
$83,250
Median Income
$59,700
$68,250
$76,750
$85,300
$92,100
Moderate Income
$71,650
$81,900
$92,100
$102,350
$110,550
Source: Department of Housing 6 Community Development,
revised 2/1/12
VI. Assurance of the Development of Affordable Housing
1. If the Owner has not commenced the development of affordable units in
accordance with the phasing plan described in section VII below then the City
may withhold Certificates of Occupancy for the market rate units under
construction until the Owner or successor in interest has commenced or
completed the development of the affordable units.
2. For purposes of this section "commence the development' shall mean (i)
commence or complete the construction of the affordable units, or (ii) issuance
of building permits for or completion of the construction of the affordable units.
VII. Phasing of the Affordable Housing Production
1. Affordable housing shall be constructed in the project. Based upon the current
phasing plan where 680 units are proposed for Phase 1 (55% of the project)
and 544 units are proposed for Phase 2 (45% of the project), the minimum
number of affordable units to be constructed in Phase 1 shall be 55% of the
total affordable housing obligation for the Uptown Newport project. The
remaining affordable housing obligation, if any, shall be constructed in Phase
2.
2. Prior to the issuance of a certificate of occupancy for fifty percent (50%) of the
market rate units planned in a Phase, the Owner shall commence construction
or complete the construction of a minimum of fifty percent (50%) of the
affordable units required to be constructed within that Phase.
3. Prior to the issuance of a certificate of occupancy for ninety percent (90%) of
the market -rate units within a Phase, the Owner shall obtain a certificate of
occupancy for all affordable units required to be constructed within that Phase.
VIII. Affordable Housing Agreement. -An AHA referencing the terms of this AHIP shall be
executed and recorded between the City and Owner prior to recordation of the Final Map for
the project.
Uptown Newport AHIP
Page 8
20
IX. Amendments of the AHIP. - This AHIP may be amended by mutual agreement of the
parties which will require City Council approval pursuant to section 19.54.060 of the
Municipal Code.
X. Successors in Interest. - The obligations and benefits applying to the Owner under
this AHIP shall also apply to any successors in interest to the Owner.
XI. Right to Assign. - Owner shall have the right to assign the AHA or this AHIP.
including all benefits, covenants, duties, and obligations contained herein, upon the City's
prior approval, which shall not be unreasonably withheld or delayed. Owner shall notify the
City in writing of the assignment at least thirty (30) days prior to completion of the assignment.
Owner's notice of assignment to the City shall include the name of, and contact information
for the assignee. Upon completion of the assignment, the assignee shall assume and
perform all duties and obligations set forth in the AHA and this AHIP, excepting only those
duties and obligations expressly retained by Owner, if any, as part of the assignment.
Uptown Newport AHIP Page 9
PC
Intentionally Blank
22
Attachment CC 4
Correspondence Received
February 4, 2014 '
www.kennedycommission.org
17701 Cowan Ave., Suite 200
Irvine, CA 92614
Mr. James Campbell, Principal Planner 9492500909
City of Newport Beach Fax 949 263 0647
100 Civic Center Drive
Newport Beach, CA 92660
RE: Amendment of Uptown Newport Affordable Housing Implementation Plan
Dear Mr. Campbell,
The Kennedy Commission (the Commission) is a broad based coalition of residents and
community organizations that advocates for the production of homes affordable for families
earning less than $20,000 annually in Orange County. Formed in 2001, the Commission has been
successful in partnering and working with Orange County jurisdictions in creating effective
housing and land -use policies that has led to the new construction of homes affordable to lower
income working families.
Compared to other cities in Orange County, housing costs are significantly higher in Newport
Beach. The 2013 rent for large apartment complexes in the City averaged $2,316 per month and
in comparison, the average mortgage for all homes sold in Orange County was $2,028 a month.l
In addition, the City's rent increased by 9.2% from the year before and had the second biggest
percentage increase in the County.2 With wages that are not keeping up with rising rents, many
renting families continue to struggle financially to live and work in this City.
The Commission would like to acknowledge and commend the City for its leadership in
encouraging and facilitating the development of homes affordable to lower income families,
especially in the Uptown Newport Planned Community Development Plan. The
Commission recommends the City to amend the Affordable Housing Implementation Plan
(AHIP) to modify the income categories permitted in Phase 1 by prioritizing the
development of very low- and low-income affordable homes.
Please keep us informed of any revisions, updates and meetings regarding the Uptown Newport
Planned Community Development Plan and if you have any questions, please free to contact me
at (949) 250-0909 or cesarc@kennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director
' Newport Rents Climb $195 a Month, Report Says, Orange County Register, May 2, 2013.
2 Newport Rents Climb $195 a Month, Report Says, Orange County Register. May 2, 2013.
From: Fred Fourcher [fred@ bitcentral.com]
Sent: Thursday, February 06, 2014 2:54 PM
To: Campbell, James
Subject: Uptown Newport Planned Community, Affordable Housing Implementation Plan
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT February 6, 2014
Agenda Item No.4
SUBJECT:
APPLICANT: PLANNER:
Uptown Newport Planned Community, Affordable Housing Implementation Plan (AHIP) Amendment - (PA2014-011) 4311 & 4321
Jamboree Road
Uptown Newport LP
James Campbell, Principal Planner
(949) 644-3210, icampbellra�newportbeachca.eov
We wanted to voice our opinion that the proposed Uptown Newport Planned Community is not something we support. The space in
question is simply too small to accommodate Uptown Newport's plans including up to 1,244 residential units, 11,500
square feet of retail and two acres of public park spaces. Many things to consider include the families that will
be moving in and where school age children will go to school. Currently there are no facilities to
accommodate the children since Newport Mesa is not within the boundaries and Santa Ana would need to
build additional classrooms. Unfortunately they do not have the money at this time to build more schools.
Another issue is to have so many homes in a relatively small space. The original plan indicated spreading out
the homes over a larger space; however, that has now changed. More time is needed to further discuss a
better use of this property.
If you have any questions or can provide you with more information feel free to contact me. As always, thank
you for all your help.
Best wishes,
Fred
Fred Fourcher, CEO
Bitcentral, Inc.
4340 Von Karman Suite 400
Newport Beach, CA 92660
949.417.4111 Direct
949.253.9000 Main
fred@bitcentral.com
www.bitcentral.com
file:///Pl/ ... 014/PA2014-01 1 /Uptown%20Newport%20PIa ed%2OCo=,nity%2OAffordable%2OHousing%2OIinplementation%20PIan.htm[02/06/2014 3:56:47 PM]
Attachment CC 5
Planning Commission Resolution No. 1935
(approved & unsigned)
RESOLUTION NO. 1935
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING APPROVAL OF AN AMENDMENT
OF THE AFFORDABLE HOUSING IMPLEMENTATION PLAN NO. AH2O12-
001 FOR THE UPTOWN NEWPORT PLANNED COMMUNITY LOCATED AT
4311-4321 JAMBOREE ROAD (PA2014-011)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Uptown Newport LP ("Uptown Newport" or "Applicant') with
respect to a 25.05 -acre property generally located on the north side of Jamboree Road
between Birch Street and the intersection of Von Karman Avenue and MacArthur
Boulevard, legally described as Lots 1 and 2 of Tract No. 7953 and incorporated herein by
reference, (the "Property') requesting approval for the development of up to 1,244
residential dwelling units, 11,500 square feet of retail commercial uses and 2.05 acres of
parklands (the "Project') in two phases. The application included the following: Planned
Community Development Plan Amendment No. PD2011-003, Planned Community
Development Plan Adoption No. PC2012-001, Development Agreement No. DA2012-003,
Tentative Tract Map No. NT2012-002, Traffic Study No. TS2012-005, and Affordable
Housing Implementation Plan No. AH2012-001.
2. On February 26, 2013, the City Council certified the Uptown Newport Final Environmental
Impact Report (SCH No. 2010051094) in compliance with the California Environmental
Quality Act ("CEQA"), the State CEQA Guidelines, and City Council Policy K-3, and
approved the application while making certain findings in accordance with CEQA and the
State CEQA Guidelines.
3. The AHIP specifies the amount and timing of construction of affordable housing within the
Uptown Newport Planned Community resulting from the City allowing an additional 322
units above the maximum allowed by the General Plan pursuant to Government Code
Section 65915-65918 ("State Bonus Density Law"), Title 19, Chapter 19.54 (Inclusionary
Code), and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport Beach
Municipal Code. The approved AHIP requires a minimum of 55 percent and a maximum
of 60 percent of the total affordable housing requirement be constructed in Phase 1.
4. Uptown Newport LP filed an application requesting an amendment of the AHIP to provide
additionally flexibility to allow up to 100 percent of the affordable housing requirement be
constructed in Phase 1.
5. A public hearing was held on February 6, 2014, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this meeting.
Planning Commission Resolution No. 1935
Page 2 of 3
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. All significant environmental concerns for the proposed project have been addressed in
the previously certified Environmental Impact Report No. ER2012-001 (SCH No.
2010051094), and the City of Newport Beach intends to use said document for the above
noted project. Furthermore, there are no additional reasonable alternative or mitigation
measures that should be considered in conjunction with said project. Copies of the
previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website at
www.newportbeachca.gov/cegadocuments
2. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and
bear the responsibility for any costs, attorneys' fees and damages which may be awarded
to a successful challenger.
SECTION 3. FINDINGS.
1. The proposed amendment to the AHIP does not diminish the total number of affordable
units required to be constructed within the Uptown Newport Planned Community. The
proposed amendment would authorize up to 100 percent of the project's requirement
within Phase 1 thereby accelerating the production of affordable housing.
2. The proposed amendment is consistent with the City's housing goals identified in the
Housing Element and it is consistent with Government Code Section 65915-65918 ("State
Bonus Density Law"), and Title 20, Chapter 20.32 (Density Bonus Code) of the Newport
Beach Municipal Code.
SECTION 4. DETERMINATION
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of an
amendment to Affordable Housing Implementation Plan No. AH2O12-001 as follows with all
other provision remaining unchanged:
Vll. Phasing of the Affordable Housing Production
1. Affordable housing shall be constructed in ea Gh ^f the twe pFepesed phase ^f
d^V„fthe project. Based upon the current phasing plan where 680 units are
proposed for Phase 1 (55% of the project) and 644564 units are proposed for
Phase 2 (45% of the project), the minimum number of affordable units to be
constructed in Phase 1 shall be 55% and shall net exeee' 600' ^f the total
affordable housing obligation for the Uptown Newport project. The remaining
affordable housing obligation if any, shall be constructed in Phase 2.
Planning Commission Resolution No. 1935
Page 3 of 3
2. Prior to the issuance of a certificate of occupancy for fifty percent (50%) of the
market rate units planned within in a Phase, the Owner shall commence
construction or complete the construction of a minimum of fifty percent (50%) of the
affordable units required to be constructed within eaGWhat Phase.
3. Prior to the issuance of a certificate of occupancy for ninety percent (90%) of the
market -rate units within eac-ha Phase, the Owner shall obtain a certificate of
occupancy for all affordable units required to be constructed within eaG4that
Phase.
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF FEBRUARY, 2014.
AYES: Ameri, Brown, Hillgren, and Kramer
/_1009/_11�i��C.7T'
ABSENT: Lawler, Meyers, and Tucker
BY:
Bradley Hillgren, Chairman
BY:
Kory Kramer, Secretary
CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that'on Tuesday, February 25, 2014, at 7:00 p.m. or soon thereafter as the matter
shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport
Beach. The City Council of the City of Newport Beach will consider the following application:
Uptown Newport Affordable Housing Implementation Plan Amendment — Uptown Newport LP requests an
amendment of an approved Affordable Housing Implementation Plan (AHIP) that is part of the approved Uptown
Newport Planned Community. The Uptown Newport Planned Community consists of a mix of 1,244 residential
units, retail service commercial and public parks on a 25 -acre site located northwest of the intersection of
Jamboree Road and Fairchild Road. The existing AHIP requires the construction of affordable housing within both
of the two planned phases of construction. The proposed amendment would modify the timing of affordable
housing construction potentially allowing all of the affordable housing to be constructed in the first phase.
NOTICE IS HEREBY FURTHER GIVEN that all significant environmental concerns for the proposed project have
been addressed in a previously certified Environmental Impact Report No. ER2012-001 (SCH No. 2010051094),
and that the City of Newport Beach intends to use said document for the above noted project, and further that
there are no additional reasonable alternative or mitigation measures that should be considered in conjunction with
said project. Copies of the previously prepared environmental document are available for public review and
inspection at the Planning Division or at the City of Newport Beach website at
www.newportbeachca.gov/cegadocuments.
NOTICE IS HEREBY FURTHER GIVEN that on February 6, 2014, by a vote of (4-0), the Planning
Commission of the City of Newport Beach recommended that the City Council approve the proposed
amendment of the Uptown Newport AHIP.
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 raised at the public hearing or in written correspondence
delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the
Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting
date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the
public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic
Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at
www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access
the City's website after the meeting to review the action on this application.
For questions regarding this public hearing item please contact James Campbell at (949) 644-3210,
jcampbell@newportbeachca.gov.
Project File No.: PA2014-011
Zone: Uptown Newport PC
Location: 4311 & 4321 Jamboree Road, N/S of
Jamboree Rd., between. Birch St. and MacArthur Blvd.
dut- J
im"",
Leilani I. Brown, MMC, Ci y Jerk
City of Newport Beach
P0,
ci
Activity No.: AH2O12-001
General Plan: MU -1-12 (Mixed Use District Horizontal
2)
Applicant: Uptown Newport LP
CITY CLERK'S OFFICE
AFFIDAVIT OF POSTING
On 0 Z / / r( /-Z () I q , 2014, 1 posted 4 Site Notices of the Notice of Public
Hearing regarding:
Uptown Newport Affordable Housing Implementation Plan Amendment
Location(s):
L43 it -g371 'SaWouv-tee U.; N�w��rk �eac�, C�, q 2�(� a
Date of City Council Public Hearing: February 25, 2014
Signature
Mickad
Print Name, Title
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*Labels used for PHN: Feb 6, 2014
City Council Mtg.
Fourcher added. 2/11/13
Fred Fourcher, CEO
Bitcentral, Inc. Brian C. Adams
4340 Von Karman Suite 400 John S. Adams &Assoc., Inc.
Newport Beach, CA 92660 5100 Birch Street, 2"d Floor (#200)
Newport Beach, CA 92660
Community Association — N/A
Brian G. Rupp
Shopoff Management, Inc.
2 Park Plaza, Suite 700
Irvine, CA 92614
Uptown Newport LP PA2014-011 for NP2013-010
220 East 42n,Street, 27th FI. 4311 & 4321 Jamboree Rd
New York, NY 10017 Uptown Newport
CD #3 75 Labels
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VARIABLE ANNUITY LIFE INS CO
1 SUN AMERICA CTR 38TH
LOS ANGELES CA
90067-6100
427-223-01
MAC ARTHUR BUILDING LLC
2700 N MAIN ST 780,
SANTA ANA, CA
92705-6636
445-072-13
REGENTS OF THE UNI SITY OF CAL
1111 FRANKLI 6 H
OAKLAND,GA 94607
445-072-30
REGENTS OF THE UNI RSITY OF CAL
1111 FRANKLIN
OAKLAND C4--94 07
445-122-05
CRAIG REALTY
4100 MACARTHUR BLVD 200
NEWPORT BEACH CA
92660-2064
445-122-18
KCN A MANAGEMENT LLC
4343 VON KARMAN AVE
NEWPORT BEACH CA 92660
445-131-04
KCN A MANAG NT LLC
4343 V ARMAN AVE
NEWPORT BEACH CA 92660
445-131-09
CANOPI LLC
3197 AIRPORT LOOP DR E
COSTA MESA, CA
92626-3424
445-131-13
MAC ARTHUR LLC TR
1600 DOVE ST 480
NEWPORT BEACH, CA
92660-1433
445-131-18
CORNERSTONE PARTNERS IV LLC
18818 TELLER AVE 227
IRVINE CA 92612-1612
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MALAGUENA
1000 DOVE ST 100
NEWPORT BEACH CA
92660-2822
427-241-15
3901 MACARTHUR BLVD LLC
1400 N TUSTIN ST
ORANGE, CA
92867-3902
445-072-14
REGENTS OF THE UNIVERSITY OF CAL
1111 FRANK N ST 6TH
OAK CA 94607
AVER fI i '
427-222-06
PMC MACARTHUR LLC
4001 MACARTHUR BLVD 300
NEWPORT BEACH CA
92660-2505
445-072-08
REGENTS OF THE UNIVERSITY OF CAL
1111 FRANKLIN ST 6TH
OAKLAND CA 94607
445-072-29
UNITED STATES OF AMERICA/US ARMY CORPS
ENGRS
PO BOX 2711
LOS ANGELES CA 90078
445-072-31 445-072-32
UNITED STATES OF AMERICA/US ARMY CORPS REGENTS OF THE UNIVERSITY OF CAL
ENGRS 1111 FR ST 6TH
PO BO 11 OAKCAND4607
LOS NGELES CA 90078
445-122-06
445-122-17
MIZAN LLC
PACIFIC CLUB
4343 VON KARMAN AVE
4110 MACARTHUR BLVD
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-2099
92660-2001
D
445-131-02
445-131-03
UPTOWN NEWPORT LP
UPTOWN NEWPORT LP
4321 JAMBOREE RD
4311 JAMBOREE RD
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-3007
92660-3007
445-131-05 445-131-08
PRES- LAKESIDE L P OCRC CAPITAL CORP
4300 VON KARMAN AVE 7 CORPORATE PLAZA DR
NEWPORT BEACH CA NEWPORT BEACH CA
92660-2004 92660-7904
445-131-10 445-131-11
4350 VON KARMAN LLC PRES-4340 VON KARMAN L P
4350 VON KARMAN AVE 4 4300 VON KARMAN AVE
NEWPORT BEACH CA NEWPORT BEACH CA
92660-2043 92660-2004
445-131-15 445-131-16
EO MACARTHUR LLC MBC HOLDINGS
420 LEXINGTON AVE 900 4320 VON KARMAN AVE
NEW YORK NY NEWPORT BEACH CA
10170-0999 92660-2004
445-131-19 445-131-21
CORNERSTONE PARTNERS IV LLC WHL 1976 T LLC TRUST
18818 TELLS , 227 4490 VON KARMAN AVE
IRVINE 92612-1612 NEWPORT BEACH CA
92660-2008
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5030 CAMPUS DR 5030 CA MPU
5001 BIRCH ST
NEWPORT BEACH CA 92660 NEWP EACH CA 92660 NEWPORT BEACH CA
92660-2116
445-141-22 445-141-23 445-141-24
5000 CAMPUS PARTNERSHIP BEACHWOOD PARTNERS BEACHWOOD PARTNERS PARTNERS
5000 CAMPUS DR 5010 CAMPUS DR 5020 CAMPUS DR
NEWPORT BEACH CA NEWPORT BEACH CA NEWPORT BEACH CA
92660-2120 92660-2120 92660-2120
445-141-26 445-141-27
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KIM DR KCN LTD EDITI OWNERS ASSN BEACHWOOD PARTNERS LLC
22803 SEAWAY AWAY , CA 5030 CAMP DR 4740 VON KARMAN AVE 100
LAGUNEWPO7 BEACH CA 92660 NEWPORT BEACH CA
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445-131-23
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445-131-26
4220 VK LLC
KCN AMANAGEMENT LLC
SANTA BARBARA BK & TRUST
4220 VON KARMAN AVE 210
4343 VON KHAN AV
PO BOX 3170
NEWPORT BEACH CA
NEWP�n' BEACH CA
HONOLULU, HI
92660-2057
92660
96802-3170
445-131-27
445-131-28
445-132-11
4200 VON KARMAN LLC
KCN A MANAGEMENT LLC
BATES JOHNSON BUILDING LTD
4000 WESTERLY PL
4343 VON K i AN AV
19742 MACARTHUR BLVD 240
SUITE 110
NEWPO BEACH CA
IRVINE CA
NEWPORT BEACH CA 92660-2347
92660
92612-2446
445-132-18
445-141-06
445-141-07
CIP CENTERPOINTE 1236 LLC
BEACHWOOD PARTNERS LLC
BEACHWOOD PARTNERS LLC
19762 MACARTHUR BLVD 300
4930 CAMPUS DR
4940 CAMPUS DR
IRVINE CA
NEWPORT BEACH CA
NEWPORT BEACH CA
92612-2498
92660-2119
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445-141-08
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BEACHWOOD PARTNERS LLC
BEACHWOOD PARTNERS LLC
LAMBEAU PROPERTIES LLC
4931 BIRCH ST
4700 VON KARMAN AVE
4921 BIRCH ST 1
NEWPORT BEACH CA
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445-141-11
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LYON HOUSING I LLC
BEACHWOOD PARTNERS LLC
4650 VON KARMAN AVE
4901 BIRCH ST
4911 BIRCH ST
NEWPORT BEACH CA
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-2121
92660-2108
92660-2155
445-141-14 445-141-15 445-141-16
KCN LTD EDITION OWNERS ASSN KCN LTD EDITION 0 NERS ASSN BEACHWOOD PARTNERS LLC
5030 CAMPUS DR 5030 CA MPU
5001 BIRCH ST
NEWPORT BEACH CA 92660 NEWP EACH CA 92660 NEWPORT BEACH CA
92660-2116
445-141-22 445-141-23 445-141-24
5000 CAMPUS PARTNERSHIP BEACHWOOD PARTNERS BEACHWOOD PARTNERS PARTNERS
5000 CAMPUS DR 5010 CAMPUS DR 5020 CAMPUS DR
NEWPORT BEACH CA NEWPORT BEACH CA NEWPORT BEACH CA
92660-2120 92660-2120 92660-2120
445-141-26 445-141-27
KAO 445-141-28
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22803 SEAWAY AWAY , CA 5030 CAMP DR 4740 VON KARMAN AVE 100
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92677
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BEACHWOOD PARTNERS LLC
BRIDGESTONE PROPERTIES LLC
LEBATA INC
5031 BIRCH ST1
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4621 TELLER AVE 1040
NEWPORT BEACH CA
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-8102
92660-2162
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445-151-01
ESEQUIEL GUTIERREZ, JR.
445-161-02
COUNTY OF ORANGE
PUBLIC LAW CENTER
LEGACY BIRCH LLC/ SYSTEMS INC
4601 JAMBOREE RD
601 CIVIC CENTER DR., WEST
PO BOX 52230
NEWPORT BEACH CA
SANTA ANA, CA 92701-4002
IRVINE CA
92660-2527
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THOMAS H WOOLDRIDGE
281 MERCEDES LN
ARROYO GRANDE CA 93420
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5140 BIRCH ST 300
NEWPORT BEACH CA
92660-2135
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SCHOLLE DEVELOPMENT SPE I LLC
19520 JAMBOREE RD 250
IRVINE CA
92612-2481
445-132-37
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19520JAM 8 E RD 250
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92612-2481
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SCREAMING EAGLES, LLC
4631 TELLER AVE
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THE IRVINE COMPANY
JEFF DAVIS
550 NEWPORT CENTER DR
NEWPORT BEACH, CA 92660
THE SHOPOFF GROUP, L.P.
BRIAN RUPP
2 PARK PLAZA, SUITE 700
IRVINE, CA 92614
CAA PLANNING
SHAWNA SHAFFNER
65 ENTERPRISE, STE. 130
ALLISO VIEJO, CA 92656
STONERIDGE CAPITAL
ATTN: GREG MERAGE
660 NEWPORT CENTER DRIVE # 1300
NEWPORT BEACH CA
92660
GOVERNMENT SOLUTIONS
ATTN: CORA NEWMAN
1048 IRVINE AVE N 618
NEWPORT BEACH, CA 92660-4602
Eticluett peter
Utilis VERY® 51600
445-132-35 445-132-36
SCHOLLE JAMBOREE PROPERTY SCHOLLE DEVELOPMENT SPE I LLC
19520 JAM80RE 250 19520 JAMBOR 250
IRVINE IRVINE C
92612-2481 92612 481
445-132-38
SCHOLLE DEVELOPMENT 441-132
195201AM3RD 250 (SE 5 132-33, 35, 36, 37, 38)
IRVINE
9=1
CESAR COVARRUSIAS
BRIAN C ADA
THE KENNEDY COMMISSION JOH . DAMS & ASSOC., INC.
17701 COWAN AVE., STE. 200 00 BRICH STREET, 2 I FLOOR
IRVINE, CA 92614
CITY OF IRVINE UNIVERSITY OF CALIFORNIA, IRVINE
BILL JACOBS, PRINCIPAL PLANNER RICHARD DEMERJIAN, DIRECTOR
P.O. BOX 19575 CAMPUS & ENVIRONMENTAL PLANNING
IRVINE, CA 750 UNIVERSITY TOWER
92623-9575 IRVINE, CA 926297-2325
BRUCE GOETTINGER JIM MOSHER
PO BOX 9636 2210 PRIVATE ROAD
ANAHAIEM, CA 92814-0636 NEWPORT BEACH, CA 92660
JERRY YAHR BEVERLY SCHUBERTH
NEWPORT BEACH HOUSING COALITION
17755 SKYPARK EAST
IRVINE CA 1017 SANDCASTLE DRIVE
92614 CORONA DEL MAR, CA
92625
STONERIDGE CAPITAL THE KOLL COMPANY
ATTN: KYLE WEICHERT ATTN: SCOTT MESERVE
660 NEWPORT CENTER DRIVE # 1300 17880 FITCH
NEWPORT BEACH, CA 92660-6401 IRVINE, CA 92614-6002
DRA ADVISORS 445-131-127
ATTN: JAMES CHRISTIAN 4200 VON KARMAN LLC
425 MARKET STREET, SUITE 2200 400 WESTERLY PL, SUTIE 110
SAN FRANCISCO, CA 94105-2434 NEWPORT BEACH, CA 9266-2347
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AVER11111W
445-161-04
930-30-401
NEWPORT FEDERAL ETAL
NELSON G MAMEY
4425 JAMBOREE RD 250
5160 BIRCH ST 101
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-3002
92660-2196
930-30-403
930-30-404
DARTS BUILDING PARTNERS
JOHN ADAMS & ASSOC
5120 BIRCH ST 200
5100 BIRCH ST
NEWPORT BEACH CA
NEWPORT BEACH CA
92660-2156
92660-2160
445-132-35 445-132-36
SCHOLLE JAMBOREE PROPERTY SCHOLLE DEVELOPMENT SPE I LLC
19520 JAM80RE 250 19520 JAMBOR 250
IRVINE IRVINE C
92612-2481 92612 481
445-132-38
SCHOLLE DEVELOPMENT 441-132
195201AM3RD 250 (SE 5 132-33, 35, 36, 37, 38)
IRVINE
9=1
CESAR COVARRUSIAS
BRIAN C ADA
THE KENNEDY COMMISSION JOH . DAMS & ASSOC., INC.
17701 COWAN AVE., STE. 200 00 BRICH STREET, 2 I FLOOR
IRVINE, CA 92614
CITY OF IRVINE UNIVERSITY OF CALIFORNIA, IRVINE
BILL JACOBS, PRINCIPAL PLANNER RICHARD DEMERJIAN, DIRECTOR
P.O. BOX 19575 CAMPUS & ENVIRONMENTAL PLANNING
IRVINE, CA 750 UNIVERSITY TOWER
92623-9575 IRVINE, CA 926297-2325
BRUCE GOETTINGER JIM MOSHER
PO BOX 9636 2210 PRIVATE ROAD
ANAHAIEM, CA 92814-0636 NEWPORT BEACH, CA 92660
JERRY YAHR BEVERLY SCHUBERTH
NEWPORT BEACH HOUSING COALITION
17755 SKYPARK EAST
IRVINE CA 1017 SANDCASTLE DRIVE
92614 CORONA DEL MAR, CA
92625
STONERIDGE CAPITAL THE KOLL COMPANY
ATTN: KYLE WEICHERT ATTN: SCOTT MESERVE
660 NEWPORT CENTER DRIVE # 1300 17880 FITCH
NEWPORT BEACH, CA 92660-6401 IRVINE, CA 92614-6002
DRA ADVISORS 445-131-127
ATTN: JAMES CHRISTIAN 4200 VON KARMAN LLC
425 MARKET STREET, SUITE 2200 400 WESTERLY PL, SUTIE 110
SAN FRANCISCO, CA 94105-2434 NEWPORT BEACH, CA 9266-2347
iez a la=c fin �,� 100/8160 www.avery.com
s�iWze 1" X 2QF�'�%l' 1 -800 -GO -AVERY
I EtigS� fit? tat 25 mm x mm rom"iii le ver*veni ��5160/8160
PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
) SS.
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):
Saturday; February 15, 2014
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on April 30, 2014
at Los Angeles, California
c: 'K,
Si ature
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