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HomeMy WebLinkAbout05 - Corporate Plaza Planned CommunityCity Council Meeting June 22, 2004 Agenda Item No. 5 ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2004 -002 AMENDING THE CORPORATE PLAZA PLANNED COMMUNITY DEVELOPMENT PLAN AND DISTRICT REGULATIONS (PA2004 -073) WHEREAS, as part of the implementation of the Land Use Element of the Newport Beach General Plan, the City prepared and adopted a Planned Community Text and implementing regulations known as the Corporate Plaza Planned Community which establishes planning objectives and development standards for the orderly development of Corporate Plaza consistent with the General Plan; and WHEREAS, on May 20, 2004, the Planning Commission conducted a public hearing at which Planned Community Development Plan Amendment No. 2004 -002 was considered. A notice of time, place and purpose of the public hearing was given, and evidence, both written and oral, was duly presented to and considered by the Planning Commission at the public hearing. At the conclusion of said hearing, the Planning Commission adopted Resolution No. 1637 that includes written findings and recommends that the City Council adopt Planned Community Development Plan Amendment No. 2004 - 002; and WHEREAS, The Corporate Plaza Planned Community District Regulations are not a model of organization since land use regulations are located within different sections of the document creating difficulties in administration; the amendment will allow the establishment of medical office uses at Building Site Nos. 2, 3, 8, 9, 11, 17 and 22, without the need to request the approval of off - street parking waivers from the City and the amendment to the 'Parking Pool' regulations will make them consistent with the standard parking pool regulations specified by the Zoning Code. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on June 8, 2004 to consider an amendment to the Corporate Plaza Planned Community Development Plan and District Regulations (Planned Community Development Amendment No. 2004 -002); and WHEREAS, pursuant to the California Environmental Quality Act, this project qualifies as categorically exempt pursuant to Section 15311 (Class 5 Minor Alterations in Land Use Limitations) of the California Environmental Quality Act Implementing Guidelines. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Corporate Plaza Planned Community (PC# 17) shall be revised as provided in Exhibit "A ", with all other provisions of the existing Planned Community Development Plan and District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on June 8, 2004, and adopted on the 22nd day of June 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK CORPORATEPLAZA PLANNED COMMUNITY DISTRICT REGULATIONS Amendment No. 728 City Council Resolution No. 92 -4 January 13, 1992 Amendment No. 784 City Council Resolution No. 93 -96 December 13, 1993 Amendment No. 825 City Council Resolution No. 95 -115 October 9, 1995 Amendment No. 889 City Council Ordinance No. 99 -27 November 8, 1999 TABLE OF CONTENTS Introduction SECTION I STATISTICAL ANALYSIS ...................... SECTION II GENERAL NOTES .... ............................... SECTION III DEFINITIONS ............. ............................... SECTION IV BUSINESS, PROFESSIONAL,MEDICAL AND COMMERCIAL ...................... Sub - Section A Sub - Section B Sub - Section C Sub - Section D Sub - Section E Sub - Section F Sub - Section G Sub - Section H Sub - Section I Sub - Section J Sub - Section K Intent.............. ............................... Permitted Uses ............................. Building Location ........................ Building Height ............................ Parking.......... ............................... Landscaping .. ............................... Loading Areas .............................. Storage Areas ............................... Refuse Collection Areas .............. Telephone and Electrical Service Signs.............. ............................... Page 3 Page 4 Page 5 Page 7 Page 8 Page 8 Page 8 Page 8 Page 8 Page 9 Page 9 Page 10 Page 10 Page 10 Page 10 Page 11 -3- INTRODUCTION The Corporate Plaza Planned Community District for the City of Newport Beach is a part of the Newport Center Development in conjunction with the South Irvine Ranch General Land Use Plan and the Newport Beach General Plan which was adopted in December 1973. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional, business, and medical offices. The specifications of this district are intended to provide flexibility in both the land use and development standards for the planned building groups. -4- SECTION I. STATISTICAL ANALYSIS Corporate Plaza I. Project Area Gross Acreage Net Acreage 2. Percentage of Site Coverage a. Building Footprint 15 -20 b. Parking Area 40 -45 C. Landscape 40 -45 3. Maximum gross building floor area shall not exceed 477,320 square feet. 4. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. 51 SECTION II. GENERAL NOTES 1. Grading outside an area submitted under the Planned Development Ordinance but within the Planned Community area will be permitted upon securing of a grading permit. 2. Water within the Planned Community area will be famished by the City of Newport Beach. 3. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Director of Planning. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. Any future signal fight on East Pacific Coast Highway at the private street intersection will be the responsibility of The Irvine Company. 11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the Traffic Engineer. 12. The intersections at private streets and drives shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not no exceed twenty-four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 13. Prior to occupancy of any structures, easements for public emergency and security ingress, egress and public utility purposes shall be dedicated to the City over all private streets. 14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be reviewed and updated to current standards and any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the review shall be the responsibility of the developer unless otherwise provided for through an agreement with the property owner. The review of the storm drain master plan will require the submittal of hydrology and hydraulic studies to the Public Works Department for review and approval. The hydrology study shall include both on -site and off -site drainage to determine the measures necessary to protect the subject development from flooding during a 100 year storm frequency. The developer may be required to install retention basins upstream from the proposed development or enlarge the existing downstream storm drain system to satisfy the requirement. 15. The northerly entrance /exit on Avocado Avenue shall be designed for a right turn in and out, ONLY. The design shall provide for an island that restricts left turns. This requirement may be waived if the driveway lines up with the access to the parcel easterly of Avocado Avenue and the City incurs no additional costs to relocate their proposed access to the library site. -7- SECTION M. DEFINITIONS Advertising Surface of a Sim The total area of the face of the sign structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. Entitlement Gross Floor Area The area of a building or portion thereof including the surrounding exterior walls. Any finished portion of a building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area on only the first level. Parking Gross Floor Area The area included within the surrounding exterior walls of the building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Parking Net Floor Area The area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking. Note: Exterior roofed atrium areas open on two or more sides, and exterior roofed balconies or walkways open on one side, shall not be included in Entitlement Gross Floor Area, Parking Gross Floor Area or Parking Net Floor Area calculations. SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL IM A. Intent The intent of this district is to permit the location of a combination of business, professional and medical office uses, and light general commercial activities engaged in the sale of products to the general public. B. Permitted Uses The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. Restaurants, including outdoor, drive -in or take -out restaurants, bars and theater /nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive -in or take -out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engineer and approved by the Director of Planning. C. Building Location All buildings shall be located in substantial conformance with the approved site plan. D. Building Height u All buildings and appurtenant structures shall be limited to a maximum height of thirty-two (32) feet, with the exception of Building "22" which shall be permitted up to the limit established by the sight plane and the extension of the sight plane northerly to Farallon Drive and southerly to Pacific Coast Highway. E. Parking Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off - street parking requirements as follows: 1. Office Buildings: One parking space for each 250 square feet of net floor area, except as provided herein. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified above, maybe modified in accordance with the following schedule: (a) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. (b) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq. ft. of net floor area. (c) Any additional floor area, parking shall be provided at one space per 350 sq. ft. of net floor area. For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. F. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. In no case shall any landscaping penetrate the sight plane ordinance established by the sight plane for Harbor View Hills. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. 2. Landscaping- Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Are Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. H. Storage Areas 1. All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. I. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. J. Telephone and Electrical Service All "on site" electrical line (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. K. Signs -12- Building Address Sign Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. Building address number shall face the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project/Building Identification Sign Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement I I 0 -L. The identification signage is permitted in the form of a free - standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant Secondary Tenant Tenant identification signs are to be wall - mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. The maximum letter height of a primary tenant sign shall not exceed twenty -four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. -13- 4. General Sign Standards a Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. Temporary Signs The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building/Project Name, etc. - Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer - Financial Institution - General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - Irvine Company or Irvine Company Project Name and Logo Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double -faced and parallel or perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. CITY OF NEWPORT BEACH COUNCIL AGENDA CITY COUNCIL STAFF REPORT 5 (ll2z 0 • SUPPLEMENTAL REPORT Agenda Item: 24 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 - 3219, g ram irez (D city. newport- beach. ca. us SUBJECT: Corporate Plaza Planned Community Amendment Planned Community Development Plan Amendment No. 2004 -002 (PA2004 -073) Permitted Uses Amendment Following further discussion with the owner of 17 Corporate Plaza, staff has revised the proposed medical /dental office square footage allocation for that Building Site to include the •entire first floor of the existing building. This includes areas already leased for medical use, and an area on which the medical tenant has an option to lease. The existing regulations allow a maximum of 79,487 square feet of medical office uses on Building Site Nos. 8,9,11 and 22 only. The revised recommended allocation for medical /dental office uses is as follows: Building Site 2: 2,100 Square Feet Building Site 3: 3,100 Square Feet Building Site 17: 11,200 Square Feet (First Floor Only) Building Sites 8.9,11,22: 63,087 Square Feet (No Limit On Distribution) Total Medical /Dental: 79,487 Square Feet The affected pages of the Planned Community Regulations (page nos. 4 and 8) are attached and will replace those pages in Exhibit "A" of the draft City Council Ordinance included with the original staff report. Prepared by: Submitted by: Gregg B. RAirez atricia L. Temple Associate Planner Planning Director Attachment: Pages 4 and 8 of Corporate Plaza PC Regulations SECTION I. STATISTICAL ANALYSIS Corporate Plaza Proiect Area Gross Acreage 47.8 Net Acreage 40.4 2. Percentage of Site Coverage a. Building Footprint 15 -20 b. Parking Area 40 -45 C. Landscape 40-45 Maximum gross building floor area shall not exceed 477,320 square feet. 4. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,087 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. N 0 • • 1 In • SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL A. Intent The intent of this district is to permit the location of a combination of business, professional and medical office uses, and light general commercial activities engaged in the sale of products to the general public. B. Permitted Uses The following shall be permitted: Retail sales and service of a convenience nature. 2. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No 2 3 8 9 11 17 and 22 only. Of this 79,847 gross square feet of building floor area Building Site No 2 is nermitted a maximum 2,100 gross square feet for medical/dental office uses Building Site No 3 is permitted a maximum 3 100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. The are no restrictions on how • the remaining 63,087 gross square feet can be distributed among Building Sites No 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 3. Restaurants, including outdoor, drive -in or take -out restaurants, bars and theater /nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive -in or take -out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engineer and approved by the Director of Planning. C. Building Location • All buildings shall be located in substantial conformance with the approved site plan. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item: 24 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 - 3219, gram irez (a)_city.newport- beach. ca. us SUBJECT: Corporate Plaza Planned Community Amendment Planned Community Development Plan Amendment No. 2004-002 (PA2004 -073) ISSUE Should the Corporate Plaza Planned Community District Regulations be amended to clarify the "Permitted Uses" related to medical and dental offices and should the parking regulations be amended to make them consistent with the parking pool regulations specified in the Zoning Code? RECOMMENDATION Staff recommends the City Council conduct a public hearing; and Introduce Ordinance No. 2004 - _approving Planned Community Development Plan Amendment No. 2004 -002; and pass to a second reading on June 22, 2004. BACKGROUND The Planning Commission took action on April 8, 2004 to initiate the proposed amendment to the Corporate Plaza Planned Community Developement Plan. On May 20, 2004 the Planning Commission voted 5 -2 to recommend that the City Council approve the proposed amendment. DISCUSSION Permitted Uses Amendment The Corporate Plaza Planned Community covers an area of approximately 47.8 acres and is allocated a maximum entitlement of 477,320 gross square feet of professional office space of Corporate Plaza PC Amendment June 8, 2004 Page 2 VICINITY MAP FARALLON OR t / �52pp CORPORATE PLAZA Current Development: Professional Offices To the north: Professional Offices Across Farallon To the east: Retail Commercial and Public Libra Across Avocado To the south: Residential and Commercial Across Coast Highway) To the west: Professional Offices Across Ne ort Center Drive 0 0 Corporate Plaza PC Amendment June 8, 2004 Page 3 11 which 79,487 square feet is permitted for medical office use. Currently, medical use is limited to Building Sites 8, 9, 11 and 22 only. The current organization of the document includes a Permitted Uses section (Section IV) that includes a list of all permitted uses within the Corporate Plaza development. Administrative, Professional and Medical offices are listed as a permitted use with no discretionary approval required. This however is misleading, as a previous section (Section I. Statistical Analysis) goes into specific detail as to the maximum medical office use entitlement and where those uses can be located. Common practice in these types of documents is to have the permitted uses section be comprehensive, indicating what specific uses are permitted, any limitations on specific use, at a minimum, reference to other sections of the document where permitted uses or pertinent regulations are discussed. Unfortunately, the poor organization of the current regulations has led to the approval of medical office uses at locations not specified by the PC regulations and the square footage of those uses not being tracked. Currently, there are no less than five uses in the Corporate Plaza campus that are defined as medical uses. Staff believes that these uses occupy between 9,500 and 12,000 square feet, which is well under the 79,487 square foot maximum, but all are located at building sites other than those specified for medical office use by Section I, Statistical Analysis. Additionally, two other medical office uses are in plan check, have signed leases, prepared plans and purchased expensive medical equipment based on information received by the City confirming that medical office uses are permitted at 2 and 3 Corporate Plaza. All of these situations are a result of the poor organization of the development regulations. The proposed amendment would add Building Sites 2, 3 and 17 to the list of Building Sites where medical office uses are permitted as indicated on page 4 of the District Regulations (Section I. Statistical Analysis). Additionally, the phrase "medical /dental' would be added where the word "medical' appears to further clarify the permitted uses. The overall 79,847 square foot maximum square footage permitted for medical /dental office use would not change; however, medical /dental office uses at Building Site No. 2 will be limited to 2,100 square feet, 3,100 square feet at Building Site No. 3 and 9,500 square feet at Building Site No. 17. The statement "No medical /dental office uses are permitted on any other building site" would remain. Originally, staff recommended that the permitted square footage allocated for medical /dental office uses be permitted to be located at any Building Site within the Corporate Plaza development. However, the Irvine Company (who holds the existing medical /dental entitlement) indicated after the initial publication of the Planning Commission Staff Report that they did not support the amendment. The Irvine Company agreed to the area allocation for Building Sites 2 and 3 so that the two pending projects at 2 and 3 Corporate Plaza could proceed. Corporate Plaza PC Amendment June 8, 2004 Page 4 i� The owner of 17 Corporate Plaza testified at the Planning Commission meeting and later sent a letter (Attachment D). The letter indicates that 17 Corporate Plaza has two existing medical office uses totaling 9,000 square feet. The letter explains that the owners of 17 Corporate Plaza (a 22,500 square foot building) believed that medical office uses were permitted since they had received approval and building permits for the two existing medical tenants. Additionally, the letter states that substantial improvements were done as required by the building code for medical office uses and that they are in danger of defaulting on their loan if the existing medical office uses are determined to be non - conforming. As a result, they are requesting the amendment include Building Site No. 17 as an approved site for medical /dental office uses. Permits issued to Building Site No. 17 were issued in error due to the poor organization of the document. Adding this site to those approved for medical /dental office uses would alleviate the alleged financial issues referred to in the letter by making the existing medical uses conforming. A review of building department records found that the square footage is closer to 9,500 square feet for the purposes of determining how much is counted towards the maximum 79,847 square feet permitted for medical /dental office uses. The Irvine Company has agreed to allocating this 9,500 square feet of medical /dental office entitlement to 17 Corporate Plaza. Existing medical office uses located at other Building Sites would be permitted to stay and staff will consider them legal non - conforming uses. As such, they will be permitted to remain indefinitely but will not be permitted to expand. If they are converted to general office in the future, medical office will not be permitted to be re- established in those suites. Additionally, the existing medical uses that are not located at the permitted sites will not count against the 79,847 square foot medical office maximum. Parking Amendment Corporate Plaza parking regulations are based on a parking pool concept. The required parking for the development is as follows: 1. Office Buildings (except where any portion is used as a medical or dental office): One parking space for each 250 square feet of net floor area, except as provided herein. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified above, may be modified in accordance with the following schedule: (a) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. (b) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq. ft. of net floor area. • LJ Corporate Plaza PC Amendment June 8, 2004 Page 5 (c) Any additional floor area, parking shall be provided at one space per 350 sq. ft. of net floor area. For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. 2. Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. Based on a review of City records, of the existing 474,320 gross square feet, there is a total of 448,272 net square feet of office space and 1,568 parking spaces provided. Required parking for 448,272 net square feet of office space is calculated as follows: 125,000 square feet (net) at 1/250: 500 spaces 300,000 square feet (net) at 1/300: 1,000 spaces 23,272 square feet (net) at 1/350: 67 spaces 448,272 square feet (net) 1,567 spaces required As the above calculation indicates, there is a surplus of one parking space. However, the regulations require medical uses to be parked at a flat rate of 1 space per each 250 square feet of gross floor area. Based on these calculations, medical office uses would not be permitted as required parking could not be provided or, a waiver of a portion of the required parking would have to be approved by the Planning Commission. The amount of parking that this change equates to is estimated to be 20 spaces. This was calculated by using the existing 474,320 gross square feet, the 448,272 net square feet, which equates to approximately 94% of the gross. Using that same calculation, the 79,487 gross square feet of medical office space entitlement equates to approximately 74,717 net square feet. The 4,770 square foot difference results in an additional 20 parking spaces (1/250) required for the medical office uses above what is required for general office uses. A parking analysis done in 1999, in conjunction with a request for a transfer of development intensity and prior to. the construction of 22 Corporate Plaza found that of the parking spaces provided at Corporate Plaza at that time the maximum utilized was 68 %. The construction of 22 Corporate Plaza added an additional 120 parking spaces and 39,907 net square footage of the development resulting in the existing condition as described in the calculations above. Although a new parking analysis has not performed, this study demonstrates that larger parking pools with diverse users do not generate a 100% parking usage. Staff believes that amending the parking regulations to eliminate the separate requirements for medical office use is appropriate given the relatively low overall parking utilization Corporate Plaza PC Amendment June 8, 2004 Page 6 documented in the 1999 parking analysis and low proportion of medical office allowed in the complex. Additionally, it will make the Planned Community easier to administer for City staff, provide increased flexibility for some property owners and tenants and allow new medical office tenants, as permitted by the existing Planned Community Regulations, to be established without the requirement of obtaining approval of a parking waiver from the Planning Commission. Finally, the amendment will make the Corporate Plaza parking pool regulations consistent with the parking pool regulations specified by the Zoning Code. Environmental Review This project has been reviewed and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). Public Notice Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Property owners within Corporate Plaza received a notice and the notice was posted at he main entrance of each building within the Corporate Plaza development. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. CONCLUSION Staff believes that amending the permitted uses section to clarify the limitations on the maximum square footage of medical office space provided along with amending the restrictions on where medical offices can be located within Corporate Plaza will create a document that is easier for the public to follow and City staff to administer. Additionally, amending the parking pool regulations will eliminate the need for individual medical office users to request the approval of a parking waiver from the Planning Commission and make the "Parking Pool" regulations consistent with those specified by the Zoning Code. The proposed amendments have been included as noted by stFikeeut and underline in Exhibit W of the Draft City Council Ordinance and can be specifically found on pages 4, 8 and 9 of the Corporate Plaza Planned Community District Regulations. ALTERNATIVES 1. Keep the regulations as they currently exist. If this alternative is chosen, the existing medical office uses at non - specified Building Sites would be treated as legal non- conforming and both proposed medical office uses at 2 and 3 Corporate Plaza would not be approved. • 0 Corporate Plaza PC Amendment June 8, 2004 Page 7 • 2. Amend the regulations to allow medical office uses at any Building Site, up to the 79,847 square foot maximum, as originally suggested by staff. If this alternative is chosen staff would conduct a comprehensive survey to determine the exact amount of medical square footage currently existing and at what building sites. Medical office uses could then be established at any Building Site until the maximum square footage has been reached. Prepared by: Gregg B. Ramirez Associate Planner Attachments: Submitted by: J4/1 :a�p4t4'- atricia L. Temple Planning Director A. Draft City Council Ordinance No. — and Exhibit "A" (Revised PC text) B. Draft Planning Commission Resolution No. 1637 C. Draft Planning Commission Minutes from the May 20, 2004 Hearing D. Letter Received Regarding Proposed Amendments ATTACHMENT A Draft City Council Ordinance No._ and Exhibit "A" (Revised PC text) LI 0 0 S 9 ORDINANCE NO. 2004- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2004 -002 AMENDING THE CORPORATE PLAZA PLANNED COMMUNITY DEVELOPMENT PLAN AND DISTRICT REGULATIONS (PA2004 -073) WHEREAS, as part of the implementation of the Land Use Element of the Newport Beach General Plan, the City prepared and adopted a Planned Community Text and implementing regulations known as the Corporate Plaza Planned Community which establishes planning objectives and development standards for the orderly development of Corporate Plaza consistent with the General Plan; and WHEREAS, on May 20, 2004, the Planning Commission conducted a public hearing at which Planned Community Development Plan Amendment No. 2004 -002 was considered. A notice of time, place and purpose of the public hearing was given, and evidence, both written and oral, was duly presented to and considered by the Planning Commission at the public hearing. At the conclusion of said hearing, the Planning Commission adopted Resolution No. 1637 that includes written findings and recommends that the City Council adopt Planned Community Development Plan Amendment No. 2004 - 002; and WHEREAS, The Corporate Plaza Planned Community District Regulations are not a model of organization since land use regulations are located within different sections of the document creating difficulties in administration; the amendment will allow the establishment of medical office uses at Building Site Nos. 2, 3, 8, 9, 11, 17 and 22, without the need to request the approval of off- street parking waivers from the City and the amendment to the 'Parking Pool' regulations will make them consistent with the standard parking pool regulations specified by the Zoning Code. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on June 8, 2004 to consider an amendment to the Corporate Plaza Planned Community Development Plan and District Regulations (Planned Community Development Amendment No. 2004 -002); and WHEREAS, pursuant to the California Environmental Quality Act, this project qualifies as categorically exempt pursuant to Section 15311 (Class 5 Minor Alterations in Land Use Limitations) of the California Environmental Quality Act Implementing Guidelines. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Corporate Plaza Planned Community (PC# 17) shall be revised as provided in Exhibit "A ", with all other provisions of the existing Planned Community 1 Development Plan and District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on , and adopted on the day of 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK ID 0 0 • Exhibit A CORPORATE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS Amendment No. 728 City Council Resolution No. 92 -4 January 13, 1992 Amendment No. 784 City Council Resolution No. 93 -96 December 13, 1993 Amendment No. 825 City Council Resolution No. 95-115 October 9, 1995 Amendment No. 889 City Council Ordinance No. 99 -27 November 8, 1999 1_ J -z- TABLE OF CONTENTS • Introduction.................................................................................. ............................... Page 3 SECTION I STATISTICAL ANALYSIS ...................... Page 4 SECTION II GENERAL NOTES .... ............................... Page 5 SECTION III DEFINITIONS ............. ............................... Page 7 SECTION IV BUSINESS, PROFESSIONAL,MEDICAL AND COMMERCIAL ...................... Page 8 Sub - Section A Intent ............................... ............................... Page 8 Sub - Section B Permitted Uses .............. ............................... Page 8 Sub - Section C Building Location ......... ............................... Page 8 Sub - Section D Building Height ............. ............................... Page 8 Sub - Section E Parking ............................ ............................... Page 9 Sub - Section F Landscaping ................... ............................... Page 9 Sub - Section G Loading Areas ............... ............................... Page 10 Sub - Section H Storage Areas ................ ............................... Page 10 • Sub - Section I Refuse Collection Areas ............................. Page 10 Sub - Section J Telephone and Electrical Service ............. Page 10 Sub - Section K Signs ................................ ............................... Page 11 0 I� -3- • INTRODUCTION The Corporate Plaza Planned Community District for the City of Newport Beach is a part of the Newport Center Development in conjunction with the South Irvine Ranch General Land Use Plan and the Newport Beach General Plan which was adopted in December 1973. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional, business, and medical offices. The specifications of this district are intended to provide flexibility in both the land use and development standards for the planned building groups. • E Is Is SECTION I. STATISTICAL ANALYSIS Corporate Plaza Project Area Gross Acreage 47.8 Net Acreage 40.4 2. Percentage of Site Coverage a. Building Footprint 15 -20 b. Parking Area 40 -45 C. Landscape 40 -45 Maximum gross building floor area shall not exceed 477,320 square feet. 4. A maximum of 79.847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is . permitted a maximum of 9,500 square feet for medical/dental office uses. There are no restrictions on how the remaining 74,647 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. I� 0 -5- MSECTION II. GENERAL NOTES Grading outside an area submitted under the Planned Development Ordinance but within the Planned Community area will be permitted upon securing of a grading permit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Director of Planning. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. Any future signal light on East Pacific Coast Highway at the private street intersection will be the responsibility of The Irvine Company. 11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the Traffic Engineer. 12. The intersections at private streets and drives shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not I" S exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 13. Prior to occupancy of any structures, easements for public emergency and security ingress, egress and public utility purposes shall be dedicated to the City over all private streets. 14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be reviewed and updated to current standards and any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the review shall be the responsibility of the developer unless otherwise provided for through an agreement with the property owner. The review of the storm drain master plan will require the submittal of hydrology and hydraulic studies to the Public Works Department for review and approval. The hydrology study shall include both on -site and off -site drainage to determine the measures necessary to protect the subject development from flooding during a 100 year storm frequency. The developer may be required to install retention basins upstream from the proposed development or enlarge the existing downstream storm drain system to satisfy the requirement. 15. The northerly entrance /exit on Avocado Avenue shall be designed for a right turn in and out, ONLY. The design shall provide for an island that restricts left turns. This requirement may be waived if the driveway lines up with the access to the parcel easterly of Avocado Avenue and the City incurs no additional costs to relocate their proposed access to the • library site. 0 56 -7- 0 SECTION III. DEFINITIONS Advertising Surface of a Sign The total area of the face of the sign structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Comers Setbacks from street comers shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. Entitlement Gross Floor Area The area of a building or portion thereof including the surrounding exterior walls. Any finished portion of a building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area on only the first level. Parking Gross Floor Area The area included within the surrounding exterior walls of the building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. ParkinsLNet Floor Area The area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking. Note: Exterior roofed atrium areas open on two or more sides, and exterior roofed balconies or walkways open on one side, shall not be included in Entitlement Gross Floor Area, Parking Gross Floor Area or Parking Net Floor Area calculations. F� I� f:1 SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL A. Intent The intent of this district is to permit the location of a combination of business, professional and medical office uses, and light general commercial activities engaged in the sale of products to the general public. B. Permitted Uses The following shall be permitted: 1. Retail sales and service of a convenience nature. 2. A maximum of 79,847 Bross square feet of buildine floor area may be allocated for medical/dental office uses on Building, Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 org ss square feet for medical /dental office uses, Building, Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 9,500 square feet for medical/dental office uses. There are no restrictions on how the remaining, 74,647 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 3. Restaurants, including outdoor, drive -in or take -out restaurants, bars and theater /nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive -in or take -out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. 7. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engineer and approved by the Director of Planning. C. Building Location All buildings shall be located in substantial conformance with the approved site plan. D. Building g eight r� 1] W All buildings and appurtenant structures shall be limited to a maximum height of thirty -two (32) feet, with the exception of Building "22" which shall be permitted up to the limit established by the sight plane and the extension of the sight plane northerly to Farallon Drive and southerly to Pacific Coast Highway. E. Parking Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off - street parking requirements as follows: Office Buildings (exec .t w e.e . _....:. n is used as A ...wide,, Or dfmt l e ffiee)- One parking space for each 250 square feet of net floor area, except as provided herein. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified above, may be modified in accordance with the following schedule: (a) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. (b) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq. ft. of net floor area. (c) Any additional floor area, parking shall be provided at one space per 350 sq. ft. of net floor area. For pools based on more than 425,000 sq. $. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. F. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, 0 -10- Beaches and Recreation. In no case shall any landscaping penetrate the sight plane ordinance established by the sight plane for Harbor View Hills. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. Z0 . 1. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. 2. Landscaping- Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas 1. Street side loading shall be allowed providing the loading dock is screened from . view from adjacent streets. H. Storage Areas All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. 1. Refuse Collection Areas All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. J. Telephone and Electrical Service All "on site" electrical line (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from • view from streets and adjacent properties. 2� -12- K. Signs . 1. Building Address Sign Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. Building address number shall face the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project/Building Identification Sign Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110 -L. The identification signage is permitted in the form of a free - standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18) inches. 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant Secondary Tenant Tenant identification signs are to be wall - mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. The maximum letter height of a primary tenant sign shall not exceed twenty -four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. 0 Z'Z -13- ! 4. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. Temporary Signs The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building/Project Name, etc. - Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer - Financial Institution General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - Irvine Company or Irvine Company Project Name and Logo Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double -faced and parallel or perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. f. \.. \PCTEXTCORP -PLZ • Z� I • a ��� 71 L I _ O 23 a is 19 y Y ! op Q e 1 22 i I b ti ' J � ' b ` QYb CORPORATE PLAZA NEWPORT CENTER )..Ixvl Scam. G: SETBACKS SITE PLAN i _ . 0 ATTACHMENT B Draft Planning Commission Resolution No. 1637 0 RESOLUTION NO. 1637 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF AN AMENDMENT TO THE CORPORATE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS TO THE CITY COUNCIL (PA2003 -073) WHEREAS, the proposed Planned Community District Regulations amendments would allow medical office uses, up to the existing maximum 79,847 gross square feet of building area, to be permitted on Building Sites Nos. 2, 3, 8, 9, 11 and 22, subject to the limitations included in the revised District Regulations, where the current regulations limit medical office uses to Building Site Nos. 8, 9, 11 and 22 only; would clarify the 'Permitted Uses" section of the Regulations by indicating the maximum gross square footage permitted for medical office uses; and would amend the Parking regulations section by requiring off - street parking to provided according net floor area instead of gross floor area for medical office uses. WHEREAS, The Planning Commission initiated the proposed amendments on April 8, 2004. A 0 WHEREAS, A public hearing was held on 004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport ifornia. A notice of time, place and purpose of the meeting was given in rdance with the Municipal Code. Evidence, both written and oral, was pre nd considered by the Planning • Commission at this meeting. WHEREAS, The Planning Cor&sjPJJhLXds as follows: 1. The proposed ams� the Corporate Plaza Planned Community District Regulatio are onsistent with the intent of the Planned Community District ions. 2. The proposed amendments to the Corporate Plaza Planned Community District Regulations are consistent with the General Plan and will not be detrimental to the City of Newport Beach. 3. The Corporate Plaza Planned Community District Regulations are not a model of organization since land use regulations are located within different sections of the document creating difficulties in administration. 4. The present organization of the document has led to miss - communications between property owners, the City and the public that has led to the miss - application of the regulations where medical office uses are operating where they are not permitted. 5. An organizational change in the regulations is necessary to reduce the likelihood of future errors. 0 0 0 11 City of Newport Beach City Council Resolution No. Page 2 of 2 A traffic impact analysis done in 1999 found that the maximum utilization of the parking spaces provided at Corporate Plaza was 68 %. 7. The amendment to the "Parking Pool" regulations will make them consistent with the standard parking pool regulations specified by the Zoning Code. 8. The amendment will allow the establishment of medical office uses at Building Site Nos. 2, 3, 8, 9, 11 and 22 as permitted by the Planned Community District Regulations, without the need to request the approval of off - street parking waivers from the City. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach hereby recommends approval Planned Community Development Plan Amendment No. 2004 -002 for the proposed amendments to the Corporate Plaza Planned Community District Regulations pertaining to medical and dental office uses and parking space requirements pertaining to medical and dental office uses as proposed in Exhibit "A ". PASSED, APPROVED AND ADOPTED THIS 20th DMay, 2004. go Earl McDaniel, Chairman ES BY: Michael Toerge, Secretary l ATTACHMENT C Draft Planning Commission Minutes from the May 20, 2004 Hearing 1] 0 9 40 �.J Planning Commission Minutes 05/20/2004 Page 17 of 39 su of the height of the fireplace and made the motion to overrule decision of the Modification Committee and approve the Modification the changes as requested by the applicant: Ayes: Cole, Toerge, S(E-40 arnd Tucker Noes: Eaton, McDaniel and ll�js Absent: None Abstain: SUBJECT: Corporate Plaza PC Text Amendment (PA2004- 073) Proposed amendment to the Corporate Plaza Planned Community Development Plan to clarify the "permitted Uses" section related to medical office uses and to amend the parking regulations to make them consistent with the parking pool regulations specified in Title 20 of the .Mu- icip- t- de Chairman McDaniel noted the changes received and recommended by staff. Mr. James Campbell, Senior Planner noted: . Staff has revised recommendations to Corporate Plaza that are incorporated in the memorandum presented this evening. Revisions have been made to the resolution and the exhibit accordingly. . Staff reorganized where the provision for medical office uses is located within the Planned Community document. Presently it is the section where the statistical analysis is cited, we want to move that to the permitted uses section so that it is easier for the public and Planning Department to administer. . There is a limitation on medical use in Corporate Plaza of 79, 847 gross square feet.- We are not advocating changes to that. That medical /dental office use is presently allocated to Building Sites 8, 9, 11, and 22. . The proposed change is to add Building Site 2 and 3 to those that allow medical office use, granting 2,100 gross square feet for Site 2 and 3,100 gross square feet for Site 3. These numbers are specific for some pending plan checks for medical /dental office use for those two buildings only. ITEM N0. 6 PA2004 -073 APPROVED � q Planning Commission Minutes 05/20/2004 . The existing Sites 9, 10, 11 and 22 are owned by the Irvine Company and they are not supportive of any other changes to this. They want to retain the medical /dental office use rights for their purposes on their building sites. i The original recommendation would have allowed the medical /dental office use to go to any building; however, The Irvine Company does take objection to that. Therefore, this amended recommendation is a compromise proposal to allow those pending plan checks we have currently under review. . Due to the organization of the document, some mistakes were made and staff wants to be able to accommodate those existing plan checks if possible through this proposed amendment. . The other change to the document is the parking requirement. There is a specific revision that is based upon a gross - square: .. footage . -.. calculation - and we are amerding /eiiminating -trat =tom e' it consistent with -the Wray. ... the parking pool is based on'the Zoning Code. This parking provision will be consistent with how we administer the same provisions for other properties in any office areas. . At Commission inquiry he noted that the City would retain the prohibition of medical /dental offices on any other building site, which is a current provision of the Planned Community Text. Commissioner Eaton asked if the revised recommendation is based solely on the ownership of the buildings by The Irvine Company and other owners. What about the other building sites that would have originally been able to convert, but under the revised recommendation will not? The original staff report noted that there was only 3,000 additional square feet of building that could be built. Building 11 would be the only other site that would be allowed to be built and that is where the most excess parking is now. If there was an additional building there, would it only be 3,000 square feet? Mr. Campbell answered that Building Site 2 and 3 are not owned by The Irvine Company. The other 4 building sites are. Ms. Temple noted the staff did not research the individual ownership of each parcel. Mr. Campbell answered that is correct, the building on site 11 would only be 3,000 square feet. Public comment was opened. Page 18 of 39 0 1J 0 3 0 -7 Planning Commission Minutes 05/20/2004 Page 19 of 39 . Bill Lange, owner of Building 17 in Corporate Plaza, stated that he has over 12,000 square feet of medical /dental office in his building at the expense of well over 1 million dollars in tenant improvements. He noted his concern that this item would lock medical uses in The Irvine Company buildings and that other buildings in Corporate Plaza would be denied that medical use. AO A n� Medical use traditionally equates to more rental and certainly did in I� his building. He is here tonight to protect himself to assure that in the future he could have more medical /dental use as well as all the other building owners, as this looks like a grab. Mr. Campbell noted that the City is aware that there are other medical office uses in 17 Corporate Plaza and have noted that this would be a legal non - conforming use. It would be allowed to remain there indefinitely. If it was converted to some other general office use, they could not revert back and they would not be able to expand the use at that location. Mr. Lange noted that if there is a certain amount allocated for —°° - medical then -other-= buikfings-auld --be allowed.-to share -that - - - -- = - -- benefit. They should not be locked but. • Mr. Campbell noted that the current Planned Community Text locks that into place presently for the benefit of The Irvine Company. The reason this amendment is being put forward is that we have medical uses where they really shouldn't be and staff is trying to alleviate a very pressing circumstance where two proposed tenants are going in, and allowing the ones who are already in, that shouldn't be there, to remain indefinitely. We are not changing that particular policy of the Planned Community text. Commissioner Selich affirmed that in Building 17, those medical uses got in but they weren't supposed to get in there under the original Planned Community Text. Otherwise it would disturb him that the City would be taking something and making it legally nonconforming. At Commissioner inquiry, Mr. Campbell noted that the Corporate Plaza Planned Community District Regulations was attached to the memorandum as Exhibit A. The space allocated to The Irvine Company is presently in the Statistical Analysis Section. Following a brief discussion, Commissioner Tucker noted that nothing is happening to Building 17 other than the fact the medical that is there now is vested. Public comment was closed. Commissioner Eaton noted that it is not fair to lock in a substantial 31 Planning Commission Minutes 05/20/2004 portion of medical /dental office use conversion ability to only four buildings, one of which is not built and the other three of which are fully parked, particularly the two on Avocado. It is more fair to the numerous owners in this plaza and more sensible in terms of where the excess parking is to follow the original recommendation. Commissioner Selich asked if the City was under any legal obligation to give certain allocation at this site. Ms. Clauson answered, no. Commissioner Tucker noted that since this is a staff item to clean up and make more sense out of the organization of the Planned Community Text, this is not the forum to start rearranging the rights of the parties under the existing zoning. He would not be in favor of changing staffs recommendation by way of what was handed out tonight. Motion was.__ made-.- by, _,,.Cfsairpers_.on'- ivlcQantel_ recommending "approval 9fTthe -• €evis-,d= arnendmerit - o ::the, La.:porate ,P -laza- Planned Community- District Regulations to the City Council by adopting the attached resolution. Ayes: Toerge, McDaniel, Selich, Kiserand Tucker Noes: Eaton and Cole, Absent: None Abstain: None SUBJ T: St. Andrews Presbyterian Church Expansio PA2002 -265) General Plan Amendment, Zone Change & Use Permit 600. St. Andrews Road Request for a General P Amendment, Zone Change and Use Permit for the replacement a construction of additional buildings and a below grade parking gara The General Plan Amendment involves an increase of the maximu allowable building area with no change to the existing land use des ation. The Zone Change would change the zoning district from R- & R -1 to GEIF to be consistent with the. existing General Plan, and Use Element designation. The Use Permit involves the alte tion of existing buildings, replacement of the existing fellowship hall d classroom building and the construction of a new multi - purpose mnasium and youth center. The Use Permit also considers se ' the maximum allowable building height of 40 feet for the two propo d Page 20 of 39 • ITEM NO. 7 PA2002 -265 Continued to 06/03/2004 • 3Z 0 0 ATTACHMENT D Letter Received Regarding Proposed Amendments 33 LFC Corporate Services, Inc May 26, 2004 Mr. James Campbell Senior Planner City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Corporate Plaza Planned Community (PA2004 -073) Dear Mr. Campbell: RECEIVED BY PLANNING DEPARTMENT CITY OF NEWPORT BEACH MAY 2 6 2004 FM 71819110111112111213141516 Over the last three days, I have left voice mail messages for you without response. Each message was basically the same. I asked that you clarify some issues concerning the "hearing" that was held last Thursday regarding the proposed amendment to the Corporate Plaza Community Development Plan. Because my situation is time sensitive, I have elected to send you this communication. I am the legal representative for 17 Corporate PIaza Associates, LLC (Owner) which is the owner of the office building that is located at 17 Corporate Plaza Drive, Newport Beach, California (Building). The subject building contains 22,500 sq ft of leaseable space. A number of years ago, the Owner made the decision to convert its building 100% to medical use. At the time that this decision was made, I confirmed with the City of Newport Beach Planning Department (City) that the Corporate Plaza Area was properly zoned for medical use and I also confirmed that the parking ratio was acceptable to the City. I further confirmed with representatives of the Corporate Plaza Association that medical office use was not prohibited pursuant to their Declaration of Covenants, Conditions, Restrictions and Easements. Beginning in approximately the Summer of 2002, I advertised the building's availability in various ways in the local medical community. In December of 2002 I leased approximately 2500 sq ft of ground floor space (Suite 110) for medical use followed by another approximately 6500 sq ft (Suite 120) in January of 2003. My intention was and is to lease the remaining space in the Building for medical use as it became available. Upon execution of the lease agreements, the City issued the medical tenants building permits pursuant to their extensive tenant improvements. The expense associated with these specialized tenant improvements ran well over $1.5 million. Medical use required that the Building's central HVAC system be upgraded including the installation of a highly sophisticated air filtration system. Further, medical use required that the electrical service be expanded including separately metered suites. Finally, the City required that the Owner install ADA access facilities unique to medical use. The Owner of the building elected to incur this substantial expense because we believed it was a long term investment that would be recouped over time due to the fact that medical office space traditionally commands higher rent than standard office space. In early May, I received notification in the form of a "Notice of Public Hearing" that an "applicant' had proposed an amendment to the Corporate Plaza Planned Community Development Plan to clarify the "Permitted Uses" section related to medical office uses. For over three weeks, I attempted to have someone at the Corporate Plaza Association and the City explain to me what was taking place and why. 17 Corporate Plaza, Newport Beach, CA 92660 -7904 949/6404950 FAX 949/6447120 ✓q 0 • • Mr. Jim Campbell May 26, 2004 City of Newport Beach Page 2 No one at either organization was able to give me a satisfactory explanation. An administrative person at the City's office merely read me the underlined second paragraph verbiage on the Notice of Public Hearing. When I indicated that I required more detailed information, she suggested that I just attend the hearing and find out the particulars. As you will recall, on May 20, 2004, I attended what I thought was going to be a hearing. Instead, it was a City Counsel meeting. The Counsel Chamber was overflowing with people most of whom were seemingly in attendance to address item #7 on the evening's agenda. When it came time to discuss the proposed amendment to the Corporate Plaza Planned Community Development Plan (item #6), I was shocked to hear that the Counsel Members were considering approving the amendment without discussion based on the City's staff recommendation. In fact, I think that is exactly what would have happened if I hadn't voiced my objection literally from the audience. Upon my doing so, one of the Counsel Members requested that City staff explain the proposed amendment. Upon hearing your explanation, I learned for the first time that after 25 years, a document (Document) had surfaced that restricted medical use in the Corporate Plaza area to approximately 88,000 sq ft. I also learned that only buildings in the Corporate Plaza area that were owned by the Irvine Company could utilize the medical ., space allocation. Before I go further, let me state the following: • I have been involved with the Building since it was purchased by the Owner in 1993. At no time throughout this period of time has anyone ever mentioned this restriction to me. • I personally negotiated the purchase of the leasehold estate (Land) from the Irvine Company in 1992. Medical use was discussed and I was told that it was permitted in the Corporate Plaza area. At no time during my negotiations was the Document or this related restriction discussed. Further, nothing in the purchase and sale agreement mentions it nor is it mentioned in any recorded documents pertaining to the sale of the Land. • I am of the opinion that neither the Corporate Plaza Association nor the City had any knowledge regarding this issue otherwise why would they both have allowed medical use in the Building? I further learned from you that the City staff was proposing to change the zoning in the Corporate Plaza area so that it was in compliance with the terms and conditions of the Document with some modifications. After you spoke, the Mayor asked for public comment which allowed me to address the Counsel Members and City staff. Given the fact that the Owner's building was already 40% occupied by medical use which was approved by both the Corporate Plaza Association and the City, I naturally assumed that the City's zone restructuring plan allowed medical use in the Owner's entire Building. Given your five minute explanation of the facts, it never crossed my mind that the City's proposed amendment wouldn't allocate 22,500 sq ft of the permitted medical use to the Owner's Building. After I set down, one of the Counsel Members asked you some questions and during your answer, you indicated that the current medical use at the Building would be categorized at "nonconforming, 0 3 1� Mr. Jim Campbell May 26, 2004 • City of Newport Beach Page 3 permitted" and that no further medical use would be allowed in the Building. At that moment, for the first time I realized that the City's proposed amendment was totally unacceptable to the Owner. When I rose in an attempt to ask the Counsel Members to postpone their vote on the issue subject to further discussion by all concerned, I was told rather curtly by the Mayor to site down. Knowing that the Mayor, the other Counsel Members and the City staff were all feeling serious pressure regarding the next agenda issue (item #7) I felt it best to accept this command without further protest. This morning I meet with my legal counsel to discuss the situation and learned among other things that the Owner is now in default on its securitized mortgage loan. Understandably, the loan documents include a provision that a nonconforming use by a tenant in the Building regardless of the circumstance, must be resolved by the Owner within thirty (30) days otherwise the loan shall considered in default. Further, the appraisal that was conducted by the lender pursuant to the funding of the loan contemplated potential medical use for the Building's entire 22,500 sq ft. I don't know how familiar you are with securitized commercial loans but the monitory penalties associated with a default are enormous and this is a very serious potential problem. Mr. Campbell, the 17 Corporate Plaza Building is the only building in the Corporate Plaza area to my knowledge that is currently committed to medical use and it should therefore be allowed to retain its medical use zoning. Obviously the current situation is unacceptable to the Owner but I think there is a simple solution. I seem to recall that the City elected to allocate some the 88,000 sq ft of alleged Irvine . Company space to the buildings located at #3 & #4 Corporate Plaza Drive. The Irvine Company doesn't own these buildings. In making this medical space allocation to non - Irvine Company buildings, the City established the legal precedent that it can allocate the restricted medical space as desired. Therefore the simple answer to this potentially very serious issue is for the City to again amend the Corporate Plaza Community Development Plan to allocate 22,500 sq. ft. of the restricted medical space to the 17 Corporate Plaza Building the same way it allocated medical space to the other non -Irvine Company owned buildings. For the above reasons, this matter is rather time sensitive and I therefore look forward to your immediate response. S' erely, William W. Lan Vice President 3( -t�7 ORDINANCE NO. 2004-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. 2004 -002 AMENDING THE CORPORATE PLAZA PLANNED COMMUNITY DEVELOPMENT PLAN AND DISTRICT REGULATIONS (PA2004 -073) WHEREAS, as part of the implementation of the Land Use Element of the Newport Beach General Plan, the City prepared and adopted a Planned Community Text and implementing regulations known as the Corporate Plaza Planned Community which establishes planning objectives and development standards for the orderly development of Corporate Plaza consistent with the General Plan; and WHEREAS, on May 20, 2004, the Planning Commission conducted a public hearing at which Planned Community Development Plan Amendment No. 2004 -002 was considered. A notice of time, place and purpose of the public hearing was given, and evidence, both written and oral, was duly presented to and considered by the Planning Commission at the public hearing. At the conclusion of said hearing, the Planning Commission adopted Resolution No. 1637 that includes written findings and recommends that the City Council adopt Planned Community Development Plan Amendment No. 2004- 002; and WHEREAS, The Corporate Plaza Planned Community District Regulations are not a model of organization since land use regulations are located within different sections of the document creating difficulties in administration; the amendment will allow the establishment of medical office uses at Building Site Nos. 2, 3, 8, 9, 11, 17 and 22, without the need to request the approval of off- street parking waivers from the City and the amendment to the "Parking Pool" regulations will make them consistent with the standard parking pool regulations specified by the Zoning Code. WHEREAS, pursuant to Section 20.94 of the Newport Beach Municipal Code, the City Council held a noticed public hearing on June 8, 2004 to consider an amendment to the Corporate Plaza Planned Community Development Plan and District Regulations (Planned Community Development Amendment No. 2004 -002); and WHEREAS, pursuant to the California Environmental Quality Act, this project qualifies as categorically exempt pursuant to Section 15311 (Class 5 Minor Alterations in Land Use Limitations) of the California Environmental Quality Act Implementing Guidelines. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Corporate Plaza Planned Community (PC# 17) shall be revised as provided in Exhibit "A", with all other provisions of the existing Planned Community Development Plan and District Regulations remaining unchanged and in full force and effect. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on June 8, 2004, and adopted on the 22 "d day of June 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS Rosanskv, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS - -- ABSENT COUNCIL MEMBERS ABSTAIN COUNCIL MEMBERS Heffernan 1 MAYOR ATTE4ST: /' �%� C - 44& CITY CLERK CORPORATE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS Amendment No. 728 City Council Resolution No. 92 -4 January 13, 1992 Amendment No. 784 City Council Resolution No. 93 -96 December 13, 1993 Amendment No. 825 City Council Resolution No. 95 -115 October 9, 1995 Amendment No. 889 City Council Ordinance No. 99 -27 November 8, 1999 TABLE OF CONTENTS Introduction SECTION I STATISTICAL ANALYSIS ...................... SECTION II GENERAL NOTES .... ............................... SECTION III DEFINITIONS ............. ............................... SECTION IV BUSINESS, PROFESSIONAL,MEDICAL AND COMMERCIAL ...................... Sub - Section A Sub - Section B Sub - Section C Sub - Section D Sub - Section E Sub - Section F Sub - Section G Sub - Section H Sub - Section I Sub - Section J Sub - Section K Intent.............. ............................... Permitted Uses ............................. Building Location ........................ Building Height ............................ Parking.......... ............................... Landscaping .. ............................... Loading Areas .............................. Storage Areas ............................... Refuse Collection Areas .............. Telephone and Electrical Service Signs.............. ............................... Page 3 Page 4 Page 5 Page 7 Page 8 Page 8 Page 8 Page 8 Page 8 Page 9 Page 9 Page 10 Page 10 Page 10 Page 10 Page 11 -3- INTRODUCTION The Corporate Plaza Planned Community District for the City of Newport Beach is a part of the Newport Center Development in conjunction with the South Irvine Ranch General Land Use Plan and the Newport Beach General Plan which was adopted in December 1973. The purpose of this PC (Planned Community) District is to provide a method whereby property may be classified and developed for commercial activity, professional, business, and medical offices. The specifications of this district are intended to provide flexibility in both the land use and development standards for the planned building groups. -4- SECTION I. STATISTICAL ANALYSIS Corporate Plaza 1. Proiect Area Gross Acreage 47.8 Net Acreage 40.4 2. Percentage of Site Coveralze a. Building Footprint 15 -20 b. Parking Area 40 -45 C. Landscape 40 -45 3. Maximum gross building floor area shall not exceed 477,320 square feet. 4. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 5. The square footage of individual building sites are tentative and subject to adjustment as long as the limitations on total development are not violated. Any adjustment in the square footages for each building site shall be reviewed and approved by the Planning Director. -5- SECTION H. GENERAL NOTES Grading outside an area submitted under the Planned Development Ordinance but within the Planned Community area will be permitted upon securing of a grading perrnit. 2. Water within the Planned Community area will be furnished by the City of Newport Beach. Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No. 5. 4. The subject property is within the City of Newport Beach. The Developer will provide the necessary flood protection facilities under the jurisdiction of the City of Newport Beach. 5. Erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Planning. 6. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Code shall apply. The contents of this supplemental text notwithstanding, no construction shall be proposed within the boundaries of this Planned Community District except that which shall comply with all provisions of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 7. Parking lot lighting shall be subject to the review and approval of the Director of Planning. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential areas. 8. All mechanical appurtenances on building roof tops and utility vaults shall be screened from street level view in a manner meeting the approval of the Director of Planning. 9. Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City polices. 10. Any future signal light on East Pacific Coast Highway at the private street intersection will be the responsibility of The Irvine Company. 11. The on -site parking, vehicular circulation and pedestrian circulation systems shall be reviewed and approved by the Traffic Engineer. 12. The intersections at private streets and drives shall be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscaping, walls and other obstructions shall be considered in the sight distance requirements. Landscaping within the sight line shall not res exceed twenty -four inches in height. The sight distance requirement may be modified at non - critical locations, subject to approval of the Traffic Engineer. 13. Prior to occupancy of any structures, easements for public emergency and security ingress, egress and public utility purposes shall be dedicated to the City over all private streets. 14. Prior to issuance of a grading permit, the master plans of water, sewer and storm drain facilities shall be reviewed and updated to current standards and any modifications or extensions to the existing storm drain, water and sewer systems shown to be required by the review shall be the responsibility of the developer unless otherwise provided for through an agreement with the property owner. The review of the storm drain master plan will require the submittal of hydrology and hydraulic studies to the Public Works Department for review and approval. The hydrology study shall include both on -site and off -site drainage to determine the measures necessary to protect the subject development from flooding during a 100 year storm frequency. The developer may be required to install retention basins upstream from the proposed development or enlarge the existing downstream storm drain system to satisfy the requirement. 15. The northerly entrance /exit on Avocado Avenue shall be designed for a right turn in and out, ONLY. The design shall provide for an island that restricts left trams. This requirement may be waived if the driveway lines up with the access to the parcel easterly of Avocado Avenue and the City incurs no additional costs to relocate their proposed access to the library site. -7- SECTION III. DEFINITIONS Advertising Surface of a Sign The total area of the face of the sign structure, excluding supports. Area of Elevation Total height and length of a building as projected to a vertical plane. Setbacks from Street Corners Setbacks from street corners shall be established as that point of intersection of the required setback lines from access streets, prolonged to point of intersection. Entitlement Gross Floor Area The area of a building or portion thereof including the surrounding exterior walls. Any finished portion of a building which measures more than 4 feet from finished floor to ceiling and is accessible shall be included in calculations of gross floor area. Areas utilized for stairwells and elevator shafts shall be counted towards gross floor area on only the fast level. Parking Gross Floor Area The area included within the surrounding exterior walls of the building or portion thereof, exclusive of vent shafts and courts. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. Parking Net Floor Area The area included within the surrounding walls of a building, exclusive of vent shafts, elevator shafts, stairways, exterior corridors or balconies, rooms containing only mechanical and electrical equipment used for service of the building, utility shafts and parking. Note: Exterior roofed atrium areas open on two or more sides, and exterior roofed balconies or walkways open on one side, shall not be included in Entitlement Gross Floor Area, Parking Gross Floor Area or Parking Net Floor Area calculations. SECTION IV. BUSINESS, PROFESSIONAL, MEDICAL AND COMMERCIAL n A. Intent The intent of this district is to permit the location of a combination of business, professional and medical office uses, and light general commercial activities engaged in the sale of products to the general public. B. Permitted Uses The following shall be permitted: Retail sales and service of a convenience nature. 2. A maximum of 79,847 gross square feet of building floor area may be allocated for medical/dental office uses on Building Sites No. 2, 3, 8, 9, 11, 17 and 22 only. Of this 79,847 gross square feet of building floor area, Building Site No. 2 is permitted a maximum 2,100 gross square feet for medical/dental office uses, Building Site No. 3 is permitted a maximum 3,100 gross square feet for medical/dental office uses and Building Site No. 17 is permitted a maximum of 11,200 square feet for medical/dental office uses on the first floor only. There are no restrictions on how the remaining 63,447 gross square feet can be distributed among Building Sites No. 8, 9, 11 and 22. No medical/dental office uses are permitted on any other building site. 3. Restaurants, including outdoor, drive -in or take -out restaurants, bars and theater /nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establishments or those that qualify as outdoor, drive -in or take -out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engineer and approved by the Director of Planning. C. Building Location All buildings shall be located in substantial conformance with the approved site plan. D. Building g eight 0 All buildings and appurtenant structures shall be limited to a maximum height of thirty-two (32) feet, with the exception of Building "22" which shall be permitted up to the limit established by the sight plane and the extension of the sight plane northerly to Farallon Drive and southerly to Pacific Coast Highway. E. Parkin¢ Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a common parking area in accordance with the off - street parking requirements as follows: I. Office Buildings: One parking space for each 250 square feet of net floor area, except as provided herein. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified above, may be modified in accordance with the following schedule: (a) For the first 125,000 sq. ft., parking shall be provided at one space per 250 sq. ft. of net floor area. (b) For the next 300,000 sq. ft., parking shall be provided at one space per 300 sq. ft. of net floor area. (c) Any additional floor area, parking shall be provided at one space per 350 sq. ft. of net floor area. For pools based on more than 425,000 sq. ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. F. LandscaninQ Detailed landscaping and irrigation plans, prepared by a licensed landscape architect, licensed landscaping contractor, or architect shall be reviewed by the Director of Parks, Beaches and Recreation. In no case shall any landscaping penetrate the sight plane ordinance established by the sight plane for Harbor View Hills. -10- All landscaping referred to in this section shall be maintained in a neat and orderly fashion. I . Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. 2. Landscaping- Vehicle Separation All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. 3. Parking Areas Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the parking area. G. Loading Areas 1. Street side loading shall be allowed providing the loading dock is screened from view from adjacent streets. E Storage Areas All outdoor storage shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No storage shall be permitted between a frontage street and the building line. I. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, and adjacent property. Said screening shall form a complete opaque screen. 2. No refuse collection area shall be permitted between a frontage street and the building line. J. Telephone and Electrical Service All "on site" electrical line (excluding transmission lines) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. K. Signs 12- Building Address Sign Building address numerals shall be a maximum of two (2) feet in height and shall be consistent with the building identification signing. Building address number shall face the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas. 2. Project/Building Identification Sign Project and/or building identification signs are permitted at major entry access drives from adjacent frontage streets, provided that they comply with the City of Newport Beach site distance requirement 110 -L. The identification signage is permitted in the form of a free - standing (single or double faced) monument sign. The sign copy shall be restricted to the project or building name and street address. Individual letter heights shall not exceed eighteen (18)inches. 3. Tenant Identification Signs Tenant identification signs are permitted and are divided into two (2) categories: Primary Tenant Secondary Tenant Tenant identification signs are to be wall - mounted graphics, consisting of individually fabricated letters. Box or "can" signs are not permitted. The maximum number of primary tenant signs permitted on any one building elevation is two (2). Each secondary tenant shall be limited to one (1) identification sign. The maximum letter height of a primary tenant sign shall not exceed twenty -four (24) inches. The maximum letter height of a secondary tenant sign shall not exceed sixteen (16) inches. Sign copy shall be restricted to identification of the person, firm, company or corporation operating the use conducted on the site. -li- 4. General Sign Standards a. Signs (to include all those visible from the exterior of any building) may be lighted but no sign or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 5. Temporary Signs The following guidelines are intended to produce a consistent sign design for temporary signs within Newport Center. All temporary signs require the approvals of the City of Newport Beach and The Irvine Company. Temporary signs are to identify the future site, project or facility under development on individual project sites. Information on this sign is limited to: - For Sale, For Lease, Future Home of, Building/Project Name, etc. - Type or Name of Development - Type and Area of Space Available - Major Tenant or Developer - Financial Institution - General Contractor - Architect - Leasing Agent - Occupancy Date - Phone Number - Irvine Company or Irvine Company Project Name and Logo Location: One temporary sign is permitted on site for each frontage street. These signs may be single or double -faced and parallel of perpendicular to the roadway. Design: All temporary signs are to be built in substantial conformance to The Irvine Company corporate design standards as shown on the following page. Longevity: Signs can exist from the time of lease or sale of the parcel until construction and/or leasing of the facility is complete. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach. California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2004 -13 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of June 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: Heffernan IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of June 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONATE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2004 -13 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: June 26, 2004. P4Q1i1 In witness whereof, I have hereunto subscribed my name this day of City Clerk City of Newport Beach, California