HomeMy WebLinkAbout03 - Fletcher Jones Vehicle Storage Facility - 1301 Quail St.CITY OF
NEWPORT
City Council Staff Report
Agenda Item No. 3
October 25, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Makana Nova, Assistant Planner
APPROVED: a
TITLE: Fletcher Jones Vehicle Storage Facility (PA2011 -076)
1301 Quail Street
ABSTRACT:
A planned development amendment to the Newport Place Planned Community to allow
vehicle storage as a conditionally permitted use on Hotel Site 2B. Ordinance No. 2011 -
24 was introduced and approved at the October 11, 2011 meeting.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2011 -24 relating to Planned
Development Amendment No. PD2011 -002.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Kimberly Braridt, AICP
Community Development Director
Attachment:
CC 1 Ordinance No. 2011 -24 with attached Exhibits
7
ORDINANCE NO. 2011 -24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED DEVELOPMENT AMENDMENT
NO. PD2011 -002 FOR PROPERTY LOCATED AT 1301 QUAIL STREET
(PA2011- 076).
WHEREAS, an application was filed by Fletcher Jones Motorcars, with respect to
property located at 1301 Quail Street, and legally described as Parcel 1 of Resubdivision
.No. 364 as recorded in Book 49 Page 18 of parcel maps, County of Orange, California,
requesting approval of a planned development amendment, use permit, and modification
permit; and
WHEREAS, the project includes a planned development amendment to allow
vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle
storage on Hotel Site 2B of PC -11 (Newport .Place Planned Community), and a
modification permit to allow minor ,deviations to the landscape development standards.
The site is currently utilized for outdoor storage of vehicle inventory associated with
Fletcher Jones Motorcars, which was previously approved for a limited duration; and
WHEREAS, a public hearing was held on August 18, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting; and
WHEREAS, at the August 18, 2011, public hearing, the Planning Commission
received public comments and on an affirmative motion (7 ayes, 0 noes) forwarded a
recommendation to the City Council to approve the proposed Code Amendment; and
WHEREAS, a public hearing was held on September 27, 2011, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both
written and oral, was presented to, and considered by, the City Council at this meeting.
The item was continued to the October 11, 2011 City Council Meeting; and
WHEREAS, a public hearing was held on October 11, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the City
Council at this meeting; and
WHEREAS, the subject property is located within the Hotel Site 2 -B Sub -Area of
the PC -11 (Newport Place Planned Community) Zoning District and the .General Plan
Land Use Element category is MU -H2 (Mixed -Use Horizontal); and
WHEREAS, the subject property is not located within the coastal zone; and
2
WHEREAS, amendments to the Planned Community Development Plan are
legislative acts. Neither the City nor State Planning Law set forth any required findings
for either approval or denial of such amendments.
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release and hold harmless the City, its City Council, its boards and
commissions, officials, officers, employees, and agents from and against any and all
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to the project, the
project's approval based on the City's CEQA determination and /or the City's failure to
comply with the requirements of any federal, state, or local laws, including, but not
limited to, CEQA, General Plan and zoning requirements. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The PC -11 (Newport Place Planned Community) text shall be
amended as provided in Exhibit "A ", with all other provisions of the existing Planned
Community District Regulations remaining unchanged and in full force and effect.
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason; held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: This project is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The Class 1 exemption
includes the operation, repair, maintenance, permitting, leasing, licensing, or minor
3
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use. The proposed
project involves the entitlement of an existing vehicle storage facility. No physical
change or expansion of the existing use is proposed. Therefore, the use qualifies for a
categorical exemption under Class 1.
SECTION 4: 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 final and 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 October 11, 2011, and adopted on October 25, 2011, by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
4
Exhibit "A"
NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN
nTi1��11��Ii
5
PLANNED COMMUNITY DEVELOPMENT NT STANDARDS
NEWPORT PLACE
Enikay Development Company, hic.
. Newport Beach, Colifornia
roll
CONTENTS
General Notes I
Definitions 2
Statistical Analysis 4-16
PART' 1 - INDUSTRIAL
Section I Minimum Site Area
17
Section II Permitted I Jses
17
Group t. Light Industrial
17
A
17
B
1S
C
1s
Group 11. Medium Industrial and Industrial
Service and Suppoit Facilities
19
A
19
B
20
C
21
D
22
Section Ui General Development Standards forltdustry
23
A. Building Fleight
23
B. Setbacks
24
C. Site Coverage
24
D. Si+m Arco
25
F. Sign Standards
26
'F. Parking
27
G. Londscaping
28
H. Luading Areas
29
I. Storage Aims
29
J. Refuse. Colk:etion Areas
29
K. Telephone and Electrical Services
30
L. SideNvaks
30
M. Nuisances
30
ii
w
PART-1.1 - CO MERCM!,
Section 1 Miiwnum Site Area 31
Section IT Pennilled Uses
31
Group I. Professional and Business Offices
B. S
A. Professi0nalOffict:s
31
13. Business Offices
32
C. Support Commercial
32
Group 11, Commercial Uses
38
A. Automobile Center
33
B. Hotels and Motels
33
C. City, County, uud State Facilities
33
D. Service Slalious, Car Wash
33
E. Retail Commercial Uses
33
F. General Commercial
34
Section rfl General Development Standards for
Coturnercc 36
A. S
Setbacks 3
36
B. S
Signs 3
37
C. S
Sign Standards 3
38
1). P
Parking 3
38
T -. L
Landscaping 4
40
F. L
Loading Areas 4
42
G. S
Storage Areas 4
42
1 -1. R
Refuse Collection Arcas 4
42
1. T
Telephone & Electrical Services 4
42
.I. P
Pedestrian Access 4
43
ATTAQTIED EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit f
Land Use [1,5,3)
Grading &Roads [1]
Storm Drain [1]
Sewer & Water [1)
Topography [ 1 ]
Truflic Aiialysis [11
44-50
iii
MA
Planned Community Development Stnudiu•ds for Newport Ptnce
Ordinance No. 1369 adopted by the City of Newport Beach
Decentber2l, 1970
Amendment No. 1 Approved on December 13, 1971 by Resolution No. 7572 (A -305)
Amendment No. 2 Approved on June 12, 1972 by Resolution No. 7706 (A -325)
Amendment Ni). 3 Approved on October 24, 1972 by Resolution No. 7846 (A -341)
Anendriwnt Nn. 4 Approved on January 8, 19,93 by Resolution No. 7901 (A -349)
Amendment No. 5 Approved on July 23, 1973 by Resolution No. 8054 (A -369)
AmcadmcntNo. 6 App:nved on June 10, 1974 by Resolution No. 8262 (A -429)
Amendment Nu. 7 Approved oil September 8, 1975 by Resolution No. 8588 (A -450)
Amendment No. 8 Approved on February 9, 1976 by Resolution No. 5693 (A -462)
Antcndman No. 9 Approved on April 11, 1977 by Resolution No. 9050 (A -488)
Amendment Nu. 10 Approved on May 23, 1977 by Resolution No. 9091 (A -490)
Amendment No. I I Approved on April 10, 1978 by Resolution No. 1003 (A -50.1)
Amendunrni No. 12 Approved un July 11, 1978 byRcsulutiou Nu. 9393 (A -510)
Anendntcnt No. 13 Approved on November 27, 1978 by Resolution No. 9472 (A =514)
Amendmutt No. 14 Approved on June 11, 1979 by Rcsolution No. 9563 (A -530)
Amendment No, 15 Approved on March 23, 1982 by Resolution No. 10003 (A -560)
Anendntent No. 16 Approved on \(arch 26, 1984 by Resolution No. 84-22 (A -604)
Amendment No. 17 Approved on April 23, 1984 by Resolution No. 84 -30 (A -597)
Amendment No. 18 Approved on June 25, 1984 by Resolution No. 84 -58 (A -607)
Amendntcm No. 19 Approved on July 23, 1984 by Resulution No. 84 -79 (A -608)
Amendment No. 20 Approved on January 12, 1987 by Resolution No. 87 -1 (A -637)
Amendment No. 21 Appteved on March 9, 1987 by Resolution No. 87 -30 (A -638)
Amendment No. 22 Approved on March 14, 1988 by Resolution No. 88 -17 (A -658)
Amendment No. 23 Approved on August 14, 1989 by Resolution No. 89 -94 (A -684)
iv
J1
Anendrnent \'o. 24 Approi ed on July 22, 1991 by Resolution No. 91 -83 (A -740)
Amendment No. 25 Approved on Nlarch 9, 1992 by Resolution No. 92 -20 (A -749)
Amendment No. 26 Approved on June 8, 1992 by Resolution No. 92 -58 (A -745)
Amendment No. 27 Approved on September 13, 1993 by Resolution No. 93 -69 (A -783)
Amendment No. 28 Approved on January 22, 1996 by Resolution No. 96 -10 (A -833)
Amendment No. 28.1 Approved on September 9, 1996 by Resolution No. 96 -78 (A849)
Atnatdmcnt No. 28.2 Approved on March 24, 1997 by Resolution 97.25 (A858)
,Antendnx.m No. 28.3 Approved on July 28, 1997 by Ordinance No. 97 -29 (A861)
Amendment No. 29 Approved on June 18, 1998 by Ordinance No. 98 -16 (A 875)
Amendment No. 30 Approved on January 11, 1990 by Ordinance No. 98-28 (A -877)
Amendment No. 31 Approved on Februat3 8, 1999 by Ordinance No. 99 -4 (A -880)
Amendment No. 32 Approved on April 12, 1999 by Ordinance No. 99 -11 (A -883)
Atnendmcnt No. 33 Approved on March 26, 2002 by Ordinance No. 2002 -6 (PD2001 -002)
Amendment No. 34 Approved 011 June 14.2005 by Ordinance No. 2005- 8.(PD2004 -003)
Amendment No. 35 Approved on September 14,20 10 by Ordinance No.2010 -16 (PD2010 -002)
t_1 v slm t1 e!u_.iF,�vvrpvc I or. ( )CIMLI, 1 I, 2011 hN a`re
r6 wince
. No 20 I- JPD2G1_t=:91I
V
10
GEN GRAL NOTES
1. The Newport Project, a planned conummity development is a project of 1311ilcay
Development Cumpauy, Inc., a subsidiary of Morrison - Knudsen Company_ hnc. The area
is most appropriate for commercial and light industrial use because of its central location,
ideal topography, availability to four freeways, accessibility to two railroads and its
relation to the Orange Cotully Airport. Attached drawings indicate land use, grading and
roans, stone drains, water and sewer, topography and ira0ic analysis.
2. Water within the Planned Community arc- will be hu- nished by the City of Newport
Beach.
3. Sewerage Disposal facilities within the Plauncd Community area are by (he City of
Newport Beach.
4. Prior to or coincidental with the fling of any tentative trap or use permit, (hr, developer
shall submit a master plan of drainage to the Director- of Pllbuc Works,
S. The height of all buildings and structures shall comply with FAA criteria.
6. Except as otherwise stated ill (his ordinance, the requirements of the Zoning Code, City of
Newport Beaclt. shall apply.
The contents or Ibis supplemental text notwithstanding, no construction shall be proposed
within the bound.u-ies of this Planned CommILuuity District except that which shall comply
with all provisions of the Building Codc and the various mechanical and electrical codes
related thereto.
Phasing, jfagvelont rent.
1,799,941 sq. 11. of development was existing or under construction as of October 1,
1978. The additional allowable development in the total approved development plan is
566,423 square Icet. Arty further development subsequent to October 1, 1178, in excess
of 30% of the additional allowable development, being 169,927 sq. ft. shall be approved
only after it can he demonstrated that adequate traffic facilities will be available to handle
that traffic generated by the project at the tintc of occupancy of the buildings involved.
Such demonstration may be matte by the presentation of a phasing plan consistent with the
Circulation Mcnncnt of the Newport Beach General Plan. (Phasing Plan approved by City
Council March 12, 1979 for all development subject to (his regulation.)[ 13]
11
DEFINi'l-IONS
Advertising, Surface:
The total area of Ihc: lacy of the structure., excluding supports.
Attic of Elevation:
Total height and length of ti building n, projected to a vertical plane.
Building Line:
An imaginary lino parallel to the street right -of way line specifying the closest point. h•otn this street
might -of -way line than a building stnrcU.rre may be located (except for overhangs, stairs and
sunscreens).
Public Safetyt%re.,r
A ship of land hventy (20) feet in width and running parallel with street rights -of -way.
Right- of -\Yav Line:
When reference is made to right -of %Nmy line it shall mean the line which is then established an
either the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as
the ultimate right -of -way line for roads or suocts.
Sidi and Front of Corner Los:
For the, purpose of this ordinance, the narrowest frontage of a dot facing the street is the front, and
the tonecst fiuutage facing the intersecting street is the side, irrespective of the direction in which
structures face.
Sim
Any structure, device or contrivance, electric or non - electric and all parts thereof which are erected
or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering,
painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed,
pasted or otherwise fastened or affixed.
12
Site Area:
The total land area of the land described in the use or other permit.
Special La wisenped Street:
Special landscaped streets are designated as MacArthur Boulevard, Jamboree Road, Bristol Street
Noah and Birch Street. The landscaping rwgniremcuts for special landscaped strcels and for the
remaining streets are described in the following tcxl.
Streets - Dedicated and Private:
Rclurence to all streets or rights- of-way within this ordinance shall. mean dedicatee[ vehicular
rights- al =w;q: In the case of private or non - dedicated streets, a minimum setback from the
right -of-way line of said - streets of ten (10) feet shall be requhcd for all structures, L'xcept for
sidewalks or across drives, this area shall be landscaped according to the setback area shmdards
from dedicated slrccts herein.
3
13
STATISTICAL ANALYSIS
PART I. INDUSTRIAL'
A. Buildim3iles
Site IA 2.0 acres [3, 9]
Site 3A 21.3 acres, [2.4] ...............23.3 acres [9, 35]
B. fiuildin Aria
Site IA 34,130 sq. ft- ...............0.8 ae. [3, 9]
**Site .3A 297,798 sq. A ...............6.8 ac. [2. 4, 14, 331
331,928 sq. ft ............ 7.6 ac. [9, 14, 31, 33, 35]
The rullowing statistics are fur inform Lion only. Development may include but shall not be limited
in the, following.
l:. Parking (Criteria: 3 spaces /1000 so. ft. 363 set 1i/space)
Site IA 102 cars.......... 0.9 acres [3, 9]
Site 3A 894 cats......... 7.5 ac: [2, 4, 14, 33]
996 cars ......... 3.4 ac. [9, 14, 31, 33, 35]
l7. Landscaped - Oncn Space.
Site IA ..................0.30 acres [3, 9]
Site 3A ..................6.5 acres [2,4,14,33]
6.8 acres [9,14,31; 33, 35] Net Open
-3.8 acres ..............Space.....3.0 ac. ^[14, 31, 33, 35]
3.8 acres have been allotted for service stations exclusive of permitted building acres and
subject to usepermit.
' Industrial Site 3A has been reduced by 20,000 sq, ft. with the redaction allocated to the
allowable building area for Parcel No, 3 ofResubdivision 529, The allowable building area
for Parcel No. 3 ofResubdivision 529 is'now 61,162 sq. ft. [141.
hndustrial Site 3A was then increased by 1,590 square feet in 2002 [33].
4
14
STATISTICAL:, ANALYSIS
PART 11. CON11VtERCLM PROFESSIONAL & BUSINESS OfPLC.:ES
A. Ruildin Sites
Site 1 &2 ...... . . 38.5 acres
Site 2A............3.9 acres [3 1]
Site 4 .................20
acres
Site 5 ..................:.4
acres 2
Site 6 ..................1.9
acres
Site 7 ..................2.5
acres
Site 8 ..............:...1.64
acres
Site 9 .............I
l 9 acres [35]
Site 9..., ... , ....
81.74 acres [20, 351
B. Buildincw 'ea
Site 1 & 2 ......... 860,884 square feet 15, 14, 17, 30]
Site 2A ............
109,200 square feet 13 t]
Site 4 .................
?28,214 square feet [321
Site 5 ..................
...............
265,743 square. feet [16, 19, 21, 24,251,
Site 6 ....................42,420
square feet
Site 7 ..................
55,860 square feet
Site 8 ..................54,000
square feet [201
Site 9..., ... , ....
298,264 square feet X 35]
1,907,585 square feet [21, 30, 31, 32, 33, 351
The following statistics are for infonuation only. Development may include, but shall not be
limited to the following.
'ConwterciaUl'rofessional and Business Office Site I and 2 have been reduced by 36,119 feet with
the [eduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The
allowable building area for Parcel 1 & 2 of Resubdivision 585 is now 272,711 square feet. [ 14]
If coiwnercial uses are constructed on Conunercial /Professional and Business Office Site 5 which
are ancillary to and in the sane building as office uses, additional development up to it maximum of
294,600 sq. ft. niay be dcveloped, so long as office use does not exceed 268,743 sq. ft. [21, 24, 25]
215
t_, Typical Building MixiSitc Utilization
Tjq)ical site areas fur buildings of varying heights are provided Cor purposes of illustration.
Development of arty of lie Sites indicated may include any number of combinations of building
!ypes, characterized by number of st orics, within the rmge of building types indicated for that site.
Sire ,I &, 2 .... ............ 960,854 square feet [5, 14, 17.30]
a. Two Story ................
8.42 awes
b. Three Story............
5.61 acres
C. Four Story ...............
4.21 acres
d. Five Story ..............
3.37 acres
C. Six Story .................
2.81 acres
Site, 2A ....... ..... 109.200 square feet [3 i 1
a. Two Story .......................1.25
acres
b. Threc Story ...................0.84
acres
c. Four Stray ....................
0.63 acres
d. Five Story ....................
0.51 acres
Site 4 ..................
225,214 square feet [321
a. Twu Story ............................
231 acres
b. Three Story . .........................
1.54 acres
c. Four Story ...........................
1.15 acres
d. Five Story . ...........................0.92
acres
e. Six Story ... ...........................0.77
acres
Site 5 ..................268,743
square feet [16, 19, 21, 251
a. Two Story .....
.. ....................i.90 acres
b. Three Story ........................1.27
acres
c. Four Story ........................
..0.95 acres
d. Five Story ..........................0
76 acres
P. Six Story . ...........................0.63
acres
f Nine Story ..........................0.50
acres
Site 6 .............. 42,420 square feet
u. Two Story ..........................0.49 acres
N
1�
b.
Three Story .......................
0.32 acres
c.
Four Story.........................
0.24 acres
d.
Five Slor)? .............
....... . . .0. 19 acres
e.
Six Story .........
— . . ......... 0.16 acres
Site 7 .....................5
5,860 square feet
a.
Two Story ...........................
0,64 acres
b.
ThrceStory ......................
0.43 acres
C.
FOUr Story . ...........................0:32
acres
d.
Five Story ...........................0.26
acres
e.
Six Story ... ...........................0.21
acres
Site 8 ..................
54,000 square feet (201
a.
Four Story . ...........................0:30
acres
itee 90. ............
S
288,2164 square feet [' )5]
a.
T%.\,o Story ......................3.31
acres
b.
Threc Story ...............
..... 2.21 acres
c.
Four Story .....................
1.65 acres
d.
Five Story ...........
: .......... 1.32 acres
C.
Six Story .........................1.10
acres
D. Parking (Criteria: I space /225 sq. ft. R. 363s . ftispace)
Site I & 2.....
. l.Q27 cars.........
31.89 acres [5, 14, SO]
Site 2A .........
474 cars'......,
1.26 acres, [31']
Site 4 ..............
905 cats...,......
7.54 acres [32]
Site 5............1
234 cars . . .......
G.13 acres [21]
Site 6 ..............
188 cars........
1.57 acres
Site 7..............
248 cars..........
2.07 acres
Site 8 ..............
231 cars..........
1.34 acres [201
Site 9. ..........
1,281 cars.........
10.68 acres (35]
8,388 cars
62.48 acresZ [21,31, 32, 33, 351
E. Lindscal)ed - ()Den space
Site.. 1 2,[5,14] Gross Site........ 38.5 acres
filClUdes surfluce parking and fit-st flour of existing parking structure ordy, does not include L113I)Cr
lovuls of parking StrIlCtUrc. {311.
7
1-7
Pm-king... ........ 2 7. L Lac re.1
Net .................11.33 acres
Two Story......... 8.42 acres.......
2.01 acres
Three Story.......
5.61 aerm ......
5.72 acres
Four Slory .........
4,21 acres.. ....
7.12 acres
Five Story.........
3.37 acres........
7.96 acres
Six Story ...........
2.81 acres........
8.52 acres
Gross Site ....... 3.9 acres
Parking .......... 1.26 acres
Net ............... 2.68 acres
Two &oiy.......
1.25acres ...
1.43 acres.
Three Story ......
.*I acres ...
1.84 acres
Four Story ........
.63 acres ...
2.05 acres
Five Story .........
.5 t acres ...
2.17 acres
SjjcA [321 Gross Site....... 9.(j0 acres
Parking......... .2.54 acres
Net .......... ........ 1.46 acres
Two Story .......... 2.31 acres...... N/A
Three Story........
1.54 acres.......
0.01 acres
Four Sion..........
1.15 acres......
0.40 acres
Five Story............
0.92 acres......
0.63 acres
Six Story .............
0.77 ages......
0.78 acres
Site 5 Gross Site........ 7.4 acres
Park-hig ............ 6,1 � acres
Nct ...........:......1.27 acres
,r\\,o story ..........
i.k)o acres...... N/A
T luvp- Story........
L27 acres ....
- .00 acres
Four Story .........
0.95 acres......
0.32 acres
Five Story.........
0.76 acres......
0.51 acres
Six Story..........
0.63 acres......
0.64 acres
Nine Story.........
0.50 acres ......
0 .77 acres [21
Site 6 Gross Site......... 1.90 acres
Parking - ..........1.57 acres
Net ...................0.33 acres
Two Sloi) ...... P- .49 acres...... N/A
Three Story ........ . 32 acres...... 0.01 acres
1*1
WN
]:our Story ............ 24 acres....., 0.09 acres
Five Story .......... .19 acres...... 0.14 acres
Six Story .............16 acres....... 0.17 acres
Site 7 Gross Site......... 2.50 acres
Parking .............2.07
acres
Net ....................
0.43 acres
Two Story ...... ,....
0.64 acres....,. N/A
Three Story.........
0.43 acres...... 00 acres
Four Story...........
!1.32 acres...... 0.11 acres
Five Story ............
0.26 ,acres....... 0.17 acres
Six Story .............
0.21 acres..,... 0.22 acres
Site 8 Gross 5110
......... 1,64 acres
Parking .............
1.34 acres
Net .....................30
acres
Four Story ......................30
acres...... N/A [20]
Site?) [35] Gross Site ...... 1 6.90 acres
Parking ......... 10.68 acres
Net .............. 6.22 acres
Two Story.........
3.31 acres ......
2.91 acres
Three Story .......
2.21 acres.......
4.01 acres
Four Slor- • .........
1.65 acres.......
4.57 acres
Five Story.........
1_32 acres.......
4.90 acres
Six Story ..........
.1.10 acres.......
5.12 acres
F. 13 rildin Hg eight [5, 12, 15,21, 31]
Maximum building height shall not exceed six (6) stories above ground level except for
Parcel No. I of Resubdivision No. 585 which shall have a maxhnum building height of ten (10)
stories above ground level, for Parcel No. 2 oFResubdivision No. 585 which shall have a maximum
building height of seven (7) stories above ground level, and for Site 5 which shall have a maximum
of nine (9) stories /167 feet above ground level. Ndaximum building height for Professional &
Business Office Site 2A shall not exceed 95 feet above ground level.
9
?5
TMS PAGE IS
BLANK
INTENTIONALLY
all
20
STATISTICAL A\fALPSIS
PART it RETAfL CO\9ib1ERCIAuPERmn -rED USES - Part 11, Section II, Group ME
A. BuitdutgSitc
Sitc l 1.4 aCras
The following statistics are for information only. Development may include but shall not be limited
tt) the Following.
B. Building Arca
Site 1 ...... 1),000 sq. R. .22 acres
C. Parkin Clitggv,, SJs it accc<1000 so. p.tg 3Q sq.. RJ s ace
Site 1.......50 curs .41 acres
D. Landscaped - Uhen_Sc
Site 1 .77 acres
E. Building Hc; Lht
Building height of structures shall be limited to a height of thirly -five (35) feel.
it
2-1
STATISTICAL ANALYSIS
PART 11 COMMERCIAURESTAURANTS
A. Building Sites
Site 1...... 2.9 aerc.
2.9 acres .......................2.9 acres [5,201
The following statistics are for information only. Development may include but shall
not be limited to the following.
B. Building Area
Site L...14 000 square feet ...... 34 acMs
15.000 square Rcti ....... 34 acres 15, 201
C. Parkin (rriterie: 300 oi;cupm)ts /10,000 sq. 0.
I space13 occupants
363 sci._ ft, /;dace
Site I......150 cars ..................... L25 acres
150 cars..... ............... 1.25 acres [5, 2111
D. Landscapx d - Open Sparc
Site 1...1.31 acres
1.31 acres ...................... 1.31 acres [5,201
E. Building Hei ht
Building height of suvcarres shall be limited to a height of thirty -five (35) feet.
12
22
STATISTICAL ANALYSIS
PART fl CONeWERCLAill -10TEL & MOTEL
A. Buildirls&�ih: 2l. 6.311
Site 1 - 6.35 acres
Site 2B - 3_7 acres [311
10.05 acres [311
B. l Iotel Rorim Limit [18,25,31]
Site 1 - 349 rooms
Site 213- 304roonts[31]
The folloxvina statistics are for information only. Development may brclude but
shall not be limited to the following.
C. Building Area_(Site 1 - 349 units id 4 its .ft. /unit ) (Site 2B - 304 units (ell
517 net sa_(llunit . L8.25 3l
Site 1 - 3.2 acres 32 acres
Site 2B - 3.6 acres (total enclosed area is 4.5 acres)
D. Pahl injCLi i teria: 1 spaceJuriit cc:363sq.11. /space)I 18.26 31
Site 1 - 349 parking spaces 2.9 acres
Site 2B - 152 parking spaces? 2.5 acres (total)
E. ! mdscatrinigOuen Space [18]
'Use permits approved as of November 14, 1983, allow 468 hotel rooms with related
reslawwmt, conference area, and other support facilities. Hotel suites included as part of the
hotel room count may be converted to standard hotel rooms consistent with the specified
hotel room lhttit, so long as [lie approved site plan is maintained. Location and size of
restaurant, conference area, and other support facilities may also be revised if the plans meet
the intent of the approved site plan and other conditions of approval. [1., 18]
a Based on one space /2 guest rooms per Pago 20.66 -8, Off - Sheet Parking and Loading
RCyuircments, of the City of \eavpolt Beach Planning and Zoning Code. [3l]
13
23
The following is intended to show some of the variations possible.
Sitc 1
One Story DevelopmmnI
- 0.92 acres
Two Story Development
- 298 acres
71uec Story Development
- 3.67 acres
Four Story Development
- 4.02 acres
Five Story Development
- 4.22 acres
Six Story Development
4.36 acres
Seven SloryDevelopment
- 4.46 acres
Eight Story Development
- 4.53 acres
Nine Story Development
- 4.59 acres
Ten Story Development
- 4.64 acres
Eleven Story Development
- 4.67 acres
Twelve Story Development
- 4.71 acres
Thirteen Story Development
4.73 acres
The above - analysis does not include support facilities utilized in many hotel
operations.'rhoec facilities would also require parking not reflected in
the parking requirement criteria.
}�. Biiiklin I,lei ht 31
Building height on Site 2B shall nut exceed 60 feet. [31]
14
24
STATISTICAL ANALYSIS
PARTD GENERALCOMMERCIAi ..PERMI'I- rEDiJSES [8,91
Part 11, Section II, (;iroup Il A & r
A. GeaeralTomereial Buildin Silcs 8,^6.29.3 31
Site I -
3.0 acres
Site 2 -
1.0 acres [91
Si[e 3 -
3.9 acres [91
Site 4 -
2,0 acres [91
Site 5 -
2.45 acres' [26]
Site 6
5.8 acres [25, 25... ".]
Site 7
8.2 acres
26.35 acres
R. Buildblg Arcs (26, 27, 2C 3j
Site 1 -
35,000 sq. ft. -
Sile 2' -
11,700 sq. lt. -
Site 3' -
49,380 sq. ft. -
Site 4' -
20,970 sq. fl.[19]-
Site 5' -
31,362 sq. ft. -
Site 6 -
50,Q00 sg. fl.
Site 7 -
141,120 sq, ft.
339,432 sq. ft..
0,80 acres
0.27 acres [9]
1.13 acres [27]
0.57 acres [9]
0.72 acres [26]
1.14 acres [2S.3]
8.20 acres
12.53 acres [26, 27, 28.3]
5 A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual
benefit between Hotel Site 1 and General Commercial Site 5'
Restaurants are permittcd uses in Sites 1, 2, 3, 5 and 6, subject to a use permit. [9, 23, 26, 27,
28.3]
7 lbid
6 If the development of General Commercial Site 4 is limited solely to Professional and
Business Office use, Ihcn the allowable Building Arta shall not exceed 30,000 sq. R. (19)
Restaurants are permitted uses in Sites 1,2,3,5
257 surface parking spaces; minimum 100 parking spaces in parking structure
15
2.5
The following statistics are for information only. Development may include, but shall not be
limited to the Following. [S]
D. Parking (Criteria 4 spaces /1,000 sq.ft. (Fit 363 sq.n. /space [9, 26. 28.3]
Site I -
140 cars
- t. 17 acres
Site 2 -
47 erns
- t1.39 acres
Site 3 -
193 cars
- 1.61 acres
Site 4 -
100 cars
- 0.83 acres
Site -
167 cars
- 1.39 acres
Site 6 -
250-cars
2.08 acres
Site 7
357 cars
2.98 acres10
10.45 acres
E. LundscaninQz-O .efface [9, 26, 28.3]
Site I
- 1.03
acres
Site 2
- 0.34
acres
Site 3
- 1.18
acres
Site 4
- 0.60
acres
Site 5 (1 & 2 story)
- 0.24
acres
Site 6
- 2.58
acres
Site 7
- 2.14
acres
Sub Total S.11 acres
Site 5 (3 story) !.49 acres
Sub Total 8.60 acres
Site 5 (4 story) 0.75 acres
Grand Total 9.35 acres
F. Build ng 1leicht [8, fir, 26, 31, 28.3]
Building height of structures on General Commercial Site 1, 2, 3, 4 and 6 shall be
limited to a height of thirty -five (35 ft) and on General Commercial Site 5 shall be
limited to a height of fifty feel (50 ft.). Height of buildings on Site 7 shall be
limited to fifty -five (55) feet except that the vertical projection of a building
clement intended to provide architectural interest and/or integrate the project
identification sign and not for occupancy may be up to seventy -five (75) feet in
height.
mi
20
PAR1' ll COMMERCIA[JSElt\ +[CE STATION\'-*
A. BuildiugSite
Site I 1.2 acres 1.2 ;acres
PARTI. TNDUSTRTAI-
Section I. Minimum Site Area
A. Thirty Thonsantl (30,00ti) square feet.
B. ExceptigilLIHI
The Planting Commission may authorize an exception to the minimum site area.
Application for any such exception shall be made at the time, of the filing of a ten(auive
map by the applicaut. In order for an exception to be gritted, the Planning Commission
shall find the lollowing facts with respect thereto:
That the granting of die exception will not be detrimental to the public wclfure. or
injurious to other property ht the vicinity.
That the development considerations and intent of this Planned Cotnnuunity
Development Standards are substantially stet
Secton H. Permitted Uses
Group I. Light hndus(rial
A. To allow uses primarily- engaged in research activities, provided that such activities are
confined within a building or buildings that do not contribute exccssanoise, dust, smoke,
vibration; odor, toxic, or noxious matter to the surrounding environment nor contain a
high hazard potential, due to the matter of the product material or processes involved.
Such activities may include but shall not be limited to research laboratories pnud
facilities, developmental laboratories and facilities and compatible light manufacturing
related to the following list Ofexannples:
Bio- Chemical
Chemical
Pifm and Photography
Medical and Dental
Metallurgy
Pharmacwtical
X -Rnp
17
27
.I*RefereucePage 4, Part 1, Item D.
?
Manufacture, research assembly, testing and repair of components, devices;
equipment and systems and parts and components such as but not limited to the
following list of examples:
Coils, Tubes, Semi - Conductors
Communication, Navigation Control, Transmission and Reception Equipment,
Control Lquipment and Systems, Guidance Equipment and Systems
Data Processing Equipment and Systems
Glass Edging, Beveling, and Silvering
Graphics, Art Equipment
Metering Instruments
Optical Devices, Equipment and Systems
Phonographs, Audio Units, Radio (Equipment and Television Equipment
Photographic Equipment
Radar, brfia -red and Ultra- Violet Equipment and Systems
Scientific and Mechanical Instruments
Tcstuig Equipment
B. To allow the location of offices and areas associated with and accessory to the permitted
uses listed under A.
1. Adminisu:divc, professional and business offices.
Regional or home offices of industries which are limited to a single use.
Blueprinting, Photostatting, photo engraving, printing, publishing and
bookbinding, provided that no on -site commercial services is associated with said
uses.
Y. Cafeteria, cafe, restaurant o• auditorium.
Service stations will be permitted, subject to a use pcmnit provided that no on -situ
couuuercial service is associated with said uses.
cC * *G. (Transferred to Part II -- Commercial, Section 11, Group 1) [23.2, 35]
C. Service stations subject to a use permit,
W.
M
Group Il. lIediunt Lidustrial atiCi industrial Sen�ice and Snpport Facilities.
A. To allow the location of general manufarcturing activities, provided that such activities
are confined within a builduig or buildings and do not contribute excessive noise, dust,
smoke, vibration, odor, toxic or noxious matter to the surrounding euvironmew nor
contain a high hazard potential due to the nature of the products, material or processes
involved.
Manufacture :utd /or assembly of the following or similar products:
Aircraft and Related Components
Clocks and Watches
Coffins
Ceramic Products
Concrete. Products
Electrical Appliances,
Farm Equipment
Heating & Ventilating Equipment
Linoleum
Machinery & Machine Tools
Musical Instrumtents
Neon Signs
Novelties
Oil Well Valves & Repairs
Optical Goods
Refrigctation
Screw Machine Products
Sheet Metal Products
Shoes
Silk Screens
Sporting Goods
Springs
Stencils
Toys
Trailers
Tricks
2. The manufacture of products or products made from the following or similar
materials:
Aluminum iron
Bags, except Burlap Bags or Linoleum
Sacks Matches
Batteries Mattresses
Boxes, Papa• Papur
19
:9
Brass
Steel
Calls
Tin
4opper
Tools
Class
l`rool
t 1rinding Wheels
Yarn
3. The manufacturing, compounding, processing or treatment of the following or
similar items:
Acids. 'Non-Corrosive
Lubricating Oil
Caudle:
Pharmaceutical
Cigarettes & Cigars
Products
Detergents
Plastics
Disinfectants
Toiletries
Dye
Vitamin Products
Food Products
Waxes and Polishes
4. Woodworking Shops, such as: (Provided ilia(, if a planer, router, sticker or
moulder is maintained, all doors and windows in the outside walls of the room in
which said machinery is located shall be kept closed while said machinery is ill
use.)
Box
Furniture
Wood Products
5. Distribution and Warelhousing Plants
B. To allow the location of general manufacturing activities, service industry and activities
rclatcd to contactor and construction industry, provident that such activities are confined
within a building or buildings and do not contribute excessive noise, dust, smolcc,
vibration, odor, toxic or noxious matter to the surrounding enviromnent nor contain a
high hazard potential due to the nature of the products, materials or processes involved.
Service industries or those industries providing a service as opposed to the man-
ufacture of a specific product, such as the repair and maintenance of appliances or
component parts, tooling, printers, testing shops, small machine shops, shops
engaged in the repair, maintenance and servicing of items excluding automobile
repair, providing that such industries are not the point of customer delivery or
collection.
2. Contractor and construction industries relating to building industry, such as
general contractors, electrical contractors, plumbing contractors.
20
ON
C. To allow a.combination of general indastry, business and professional offices, and
industrial support activities, provided that such activities are confined within a building
or buildings, and do not contribute excessive noise, dust, smoke, vibration, odor, toxic
or noxious matter to the surrounding cttvit-nunent nor contain a high hazard potential
due to the nature of the products, materials or processes involved.
The industrial support activities shall be defined as and limited to (lie sale of products or
services relating only to the immediate industrial complex. Any activity, which could
he classified as retail commercial, shall be restticicd to activities strictly accessory
and/or supplementary to the industrial community.
All uses permitted under A. B, and 1).
;r. Business and Professional Ounces.
b. Industrial Support Facilities, to include activities limited to the sale of
products or services related to only the industrial complex. Activities of a
commercial nature shall be restricted in scope so as to service and to be
accessory aniUor supplementary to (he industrial complex.
C. Service stations subject to a use permit.
2. Except a,: herein indicated, the General Developmcut Standards for Industry shell
apply.
a. SSM Area
Industry Support Facilities and Business and Professional Offices.
Only one (1) facia mounted identification sign shall he permitted per street
fi-ontage for each individual business or office.
No sign shall exceed an area equal to one and one -half (1 -1 /2) square feet
of sign for each one (1) foot or lineal frontage of the building or store.
However, no sign shall exceed two hundred (200) square feet in area per
face.
21
31
b. Site Identification Crotmd Sin=n
One (1) site identification sign listing only the nannc of the site or major
tenant on Unc site shall be allowed. Said sign shall be limited to a
maximum height of four (4) feet and a widib of eight (S) feet and may be
double faced.
C. Pedestrian Access
It is required of all developments in the industrial support facility area to
submit a plan of pedestrian access to the Planning Department prior to the
issuance of building permits. Said pion will detail consideration for
pedestrian access to the subject property and to adjacent properties, and
shall be binding on subsequent development of the property. The plan
shall show all interior walkways and all Walk-ways in the public right of
way, if such walkways are proposed or ncccssaty.
D. To allow for the location of a storage facility for new car inventory. Located within
Industrial Site IA between QUail Street on the east, adjacent to Auto Center Sites 2A
and 2B on the, south, and Bristol Street on the west This Use shall be subject to a use
permit. [3]
B. (Delcled)[2,4]
OW,
32
Section W. Cienctal Develonnient Standards for Industry
Maximum building areas shall be as noted in the Statistical Analysis, Part TA and
Part I.B.
A. Building jf eht [22)
Buikiing heights of structures shall be limited to a height of thirty -five (35) feet;
provided, however, That on Parcel 1 and Parcel 2 of Parcel Map 86-33 -34
(Resubdivision \o. 529) in Industrial Site 3A, the Planning C:om ni ssion or the Cily
Council on review or appeal may approve a structure up to a maximum height of 50
leet after the approval of a use permit.
The Planning Commission or City Council in granting any use permit for structures
in excess of thirly -five (35) feet shall find that each of the following four points have
been complied v; tli:
(a) The increased building height would result in more public visual open space -
and views than is required by the basic height limit. Particular attention
shall be given to the location of the structure on the lot, the percentage of
ground cover, and (lie, tr ahnenl of all setback and open areas.
(b) The increased building height would result in a more desirable architectural
i ealment of the building and a stronger and more appealing visual character
of [lie area than, is regiuircd by the basic heiglu Limit.
(c) The increased building height would not result in undesirable or abrupt senile
relaliuuships being created bervwn the structure and exisLing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vOical dimensions.
(d) The structure shall have no more floor area than could have bean achieved
without the use permit. [22)
2.3
33
B. Setbacks
All setbacks shall be measured fi-om the properly line. For the purpose of this
ordinance, a street side property lute is that line created by the tdlimate right-of-way
line of the [montage street.
Front Yard Setback
Thirty (30) feet minimum, except th:d unsupported roofs or sunscrccus may
pro .icct six (6) feet into the setback area.
2. Side Yard Setback
Tin (10) feet, except that unsupported roots and sunscreens may project
[lute (3) feet into the setback area.
In the case of a corner lott the street side setback shall be thirty (30) leer,
except that unsupported roofs and sunscreens tuay project six (6) feet httn
the setback area. Interior lot lines for a corner lot shall be considered side lot
lines.
3. Rear Yard Setback
No reur yard setback is required except on a thromm -lot in which case the
required from yard setback shall lie observed.
C. Sitc Coveratae.
D. Sims
Maximum building coverage of fifty (50) percent is allowed. Parking
structures shall not be calculated as building area, however, said structures
shall be used only for the parking of company vehicles, employee's vehicles,
or vehicles belonging to persons visiting the subject Lau.
Sign Area
Only one (1) single faced or double -faced signs shall be pernutted per street
frontage. No sign or combination of signs shall exceed one (1) square foot
in area For each six-hundred (600) square feet of total site area. However, no
sign shall exceed two hundred (200) square feet in area per face. An
additional twenty (20) square feet shall be allowed for each additional
business conducted on (lie site.
24
S4
2. Sale or Lease Sign
A sigm, advertising the sale, lease, or hire of the site shall be pernniltcd in
addition to the other signs listed in this seelinn. Said sign shall not exceed a
maximum area of thirty -two (32) square feet.
3. (.h'ntund Sigtn
All ground signs shall not exceed four (4) feet above grade in vertical
height. Also, ground signs in excess of onc- hundred filly (150) square feet
in area (single face) shall not be erected in the first twenty (20) feat, as
measured fi-oun the property line, of arny street side setback area. However,
the above standards shall not apply to the Community Directional Sign and
Special Purpose Sign.
4. Special Put +osl e Si n
Signs used to give directions to traffic or pedestrians or give instructions as
to special conditions shall not exceed a total of six (6) square feet (single
face) in area and shall be permitted in addition to the other signs listed in this
section,
Gve}II Signs
Wall signs shall not comprise snore than ten (10) percent of the area of the
elevation upon which the sign is located. Said signs shall be fixture signs;
signs painted directly on the surface of the wall small, not be permitted.
In the instance of a multiple tenancy building, each individual industry may
have a wall sign over the entrance to identify the industry. Said sign shall
give only the name of the company and shall be limited to fora- (4) itch high
letters. Said sign must be oriented toward. the parking area for that building.
25
35
G. Construction S
One (1) const.nction sign denoting the architects, engineers, contractor, and
outer related subjects, shall he permitted upon the commencement of
construtian. Said sign shalt conform with the requirements of Rent 3
above, Ground Sign, and will be permitted until such time as a final
inspection of the buildings) designates said structure(s) fit for occupancy, or
the tenant is occupying said building(s), whichever occurs first.
Fulure Tenant Identification Sign
A sign listing the ❑gnnc of the future tenant, responsible' agent or realtor, and
identification of the industrial complex shall be permitted. Said signs shall
conform with (lie requirements of Item 3 above, Ground Sign, and will be
perrrived until such tune as a final inspection of the building(s) designates
said sinuctut'e(s) fit for occupancy or tenant is occupying said buildiu (s),
whichevcr occurs first.
R. (_onmunil T]irectional and/or Identification Sian
Pernraitent directional and identification signs, not exceeding two - hundred
fifty (250) square feet (single face), shall be permitted but subject to use
permit.
E. Sli mStandards
Signs visible, from the exterior of any building may be lighted, but no signs
or any other contrivance shall be devised or constructCd so as to rotate,
gyrate, blink or move in any animated fashion.
2. Signs shall be restricted to advertising only the person, firm, company or
corporation operating the use conducted on the site or the products or sold
thereon.
3. A wall sign with the individual letters applied directly shall be measured by
a rectangle around the outside of the lettering and/or the pictorial symbol and
calculating the area enclosed by such line.
4. All sighs attached to the building shall be flush mounted.
M
3o
F. parkin
Adequate off - street parking shall be provided to accommodate all parking needs for
the site. The intent ii 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
co intiguous site or within three hundred (300) feel of the subiect site. Wherc parkin=
is provided on other that the site concerned, a recorded document shall be approved
by the City Attorney and tiled with the Building and Planning, Departments and
signed by the owners of the alternate site stipulating to the permanent reservation of
use of the site for said parking.
The following guide shall be used to determine parking requirements:
LAIM
One (1) space for each 225 square feet of net floor area. The parking requirement
may be lowered to one (1) space for each 250 square feet of net floor aca upon
review and approval of the modification committee.
Manufacture, Research and Assembly
Two (2) parking spaces fix each three (3) employees, but in no even[ less than three
(3) spaces for each one thousand (1000) square feet of gross floor area.
Warehouse
Two (2) parking spaces for each three (3) employees, but in no event less than one
(1) space for each one thousand (1000).square feet of gross floor area for the first
twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000)
square feet of gross floor area for the second twenty thousand (20,000) square feet;
one (1) space for each four thousand (4,000) square feet of gross floor area for ;areas
in excess of the initial forty thousand (40,000) square feet of floor area of the
building.
I f there is more than one shift, the number of employees on the largest shift shall be
used in determining parking requirements.
27
37
G. Landsca min
Detailed landscaping and irrigation plans, prepared by a landscaping architect,
licensed contractor of architect shall be submitted to and approved by the Planuung
Director prior to issuing of building permit and installed prior to issue of Certificate
of Use and Occupanc,Y.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Front Yard Setback Area
a. Generd Statement
Landscaping in these areas shall consist of an effective combination
of street trees, tees, ground cover and shrubbery. All unpaved areas
not utilized for parking shall be landscaped in a similar manner.
b. Special Landscaped Street
The entire area behvecn the curb and the building setback line shall
be landscaped, except for any access driveway in sidd area.
C. Other Strects
The entire area between the curb and a point ten (10) feet in back of
tlhc front property line shall be landscaped, except for any access
driveway in said area.
2. Side and Rear Yard Setback Area
a. General Statement
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and/or shrub and tree materials.
b. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition but need not be landscaped.
C. Screening
Areas used for parking shall be landscaped and/or fenced in such
manner as to interrupt or screen said areas from view from access
1U
WrA
streets, fiteeways, and adjacent properties. Plant materials used for
this purpose shall consist of lineal or. grouped masses of shrubs
and /or trees.
3. ParkiiM Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be
provided in the parking area.
4. Sloped Bunks
All sloped banks gnmtcr than 5 -1 or G feet in vertical height and adjacent to
public right -of -way shall be stabilized, planted and irrigated in accordance
with plans submitted and approved by Plamiutg Director,
H. Liiadina Areas
1. Oil other than special landscaped streets street side loading shall be allowed
provided the leading dock is set hack a minimum of seventy (70) feet from
the street right -ofivay line or one hundred ten (110) from the street
centerline, whichever is greater. Said loading area must be screened Item
view from adjaceut streets.
I. Sloi'aee Arq:os
All outdoor storage shall be visually screened from access streets, freeways,
and adjacent property. Said screening shall form a complete opaque screen
up to a point eight (8) feet in vertical height but need not be opaque above
that point.
2. Outdoor storage shall be meant to include all company owned and operaled
motor vehicles, with the exception of passenger vehicles.
3. No storage shall be permitted bchveen a fi'ontage street and [lie building line.
J. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access
streets, freeways, and adjacent property by a complete opaque screen.
No rdlbse collection areas shall be pennitled between a froutagc street and
the building line.
29
39
K. Telc5 one am Electrical Sol-vice
All "on- site" electrical lines (excluding lines in excess of JZ KV) and telephone
lines shall be placed underground. Transformers or terminal equipment sludl be
visually screened from view Gan strocts and adjacent properties.
L. Sidewalks
The requirement for sidewalks in the Planned Community District may be %vaimed
by the Planning Director if it is demonstrated that, such facilities are not needed.
However, the City retains the right to require installations of sidewalks if, in the
Future, a nett is cstablisliedby the City.
VJ. Nuisance,_
No portion of the property shall be used is such a manner as to create a nuisance to
adjacent sites, such as but not limited to vibration, sound, clectro- meclia iical
dishtrbance and radiation, electro- magnetic disturbance, radiation, air or water
pollution, dust, emission of odorous, toxic or noxious natter.
30
REP
PART II. COVfNn:RCIAL
Suction I. MitwnuntSite Area
A. Thirty'fhousand (30,000) square feet
R. Gxeeutien: 11
The Pluming Commission muy authorize an exception to the minuuunl situ area.
Application for any Stich exception shall be made at the lime of the filing of a
tentative nsgt by the applicant. In order for an exception to be granted, the Planning
Commission shall find the following facts with respect thereto:
That tile ?ranting of the exception will not be detrintuual to the public
Nvella rc or injurious to other property in the vicht ty.
2. That the drvetupmeat considerations and intent of this Planned Commlunily
Development Standards are substantially met.
Section It. Permitted Usus
Group 1. Professional and Business Offices.
"ro allow the location of commercial activities engaged in the sale of products or
services relating to and supporting the Development Plan, provided that such
activities are confined within a building or buildings.
A. Professiunal Offices
1. Accountants
?. Attornevs
Doctors; dentists. optometrists, oculists, chiropractors and others licensed by
the State of Califontia to practice the healing arts.
4. L-ngincers, architects, surveyors and planners.
5. Any other general professional offices. (30]
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I3. Business Offices
1.
Advertising agencies
2.
Bunks
3.
Economic consultants
4.
Employment agencies
5.
Escrow offices
G.
Insurance agencies
7.
Laboratories:
a. Dental
b. Medical
c. X -Ray
d. Biochemical
e. Film, wliolesale only
f Optometrical
S.
Stock Brokers
9.
Studios for interior decotatois, photographers, artists and draftsmen.
10.
Telephone answering services
LL
Tourist information and travel agencies and ticket reservation services but
not to include any airline terminal services or facilities for the trausporl of
passengers, baggage or freight. [2]
12.
Business and trade schools subject to the approval of a Director's Use Permit
[29]
13.
Awy other general business offices. [311
° &' °' 14.
Remedial driving instniction and counseling facility, subject to a use permit
in each case. [28.2, 35]
*Tliis use shall be limited to Professional and Business Offices Site 9 only. [28.2, 35]
"•-That all uses, including remedial driving instruction/counseling facilities, located within
Professional and Business Offices Site 9 shall be limited to providing services to adult
clientele only, any use dedicated to serving school aged and minor children shall be
prohibited.[28.2,35]
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C. StgItLait Commercial [21 j
Retail sales and services, so long us said retail sales are of a convenience
nature ancillary to dic operation and use of oftice facilities including tobacco
stores, card shops, confectionery and newspaper stands, and other uses
which, in the opinion of the Planning Commission are of a similar nature.
Rclail• uses shall he located in the basennent or on the first floor of a
building. Storage for such uses shall be within a building.
Service uses which are for building tenants and patrons, such as a car wash
and grmmasinnv'health club facilities. Car washes shall .drain into the
sanitary sewer system.
Restaurants - owdoor restaurants and take -our restaurants - subject to
securing a use pcnnit in each case.
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Group II. Commercial Uses
A. Autonmol Ii Center, subject to a use permit. [28]
1. Automobile dealership selling only ucw cars. The sale of used cars,
automobile, repair, and automobile detailing may be permitted in conjunction
with thcs:des of new vehicles but only accessory uses.
2. Service stations subjucl to the issuance of the use petumit and a finding that the
use is supportive of the principal uses penmitted in the Newport Place Plarmed
Community text.
Vehicle slnra a_IacilitLsii`dl h,! mn— mittul_iu_ Hotel Site 2- 11_subjcc1 to tli;
i.SU Inc%:_ ,rualk,Ili!
B. Hotjs and Njutels, subject to a use pernut.
C. State, Connly and Munici )al Facilities [21
D. Service Stations S. Mechanical Car Wish within Service Station Site 91, subject to
a use permit. [4]
E. Retail Connnearial uses such as:
1. Restaurants, including outdoor, drive -in or take -out restaurants shall be
permitted subject to the securin,K of a use permit, except as noted under "a"
and "b" below: [7]
a. Restaurants, other than outdoor, drive -in or lake -out restaurants,
shall be permitted in Retail- Conuuercial Site 1 without a use permit
provided that the net floor area of all restaurant uses does not exceed
20% of the net floor area of the retail- conmmercial center.
b. Outdoor, drive -in or take -out restaurants shall be designed and
located so as to be an integral clement of the retail- conuncmiad
center and shall not be permitted as a free- standing independent use
in any case.
2. Barber shop and beauty parlor
3. Bonk and stationery store
4. Blueprinting and photost'atics
5. Camera shop
G. Delicatessen store
7. Florist
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8. Shoe store or repair shop
9. Tailor
10. Tobacco store.
11. Office equipment retail and repair
12. Pharmacies
13. Tourist information and travel agencies and ticket reservation services, but
not to include any airline termimd services or facilities for the transport of
passengers, baggage or freight
14. Instructional dance facility for adults and related retail sales, subject to a
use permit (28.1)
15. Other uses similar to the above list
F. General Commercial f 8, 9, 23, 26, 28.31
1. New car dealership, subject to a use permit, including ancillary uses listed
under Pail, II, Section IT, Groilp II, A.
2. Service stations suhiccl to a use Permit.
3. Restawants, including outdoor, drive -in or take -ant restaurants, shalt be
subject to a use permit. Restaurant uses are permitted within Gencral
Commercial Sites 1, 2, 3, 5 and 6 not permitted within General Commercial
Site 4.
4. Hobby, Ants and Crafts, including:
a. Sporting goods store
b. Canncra store
C. Art gallery
d. Cfail store
C. Pet store
f. Bicyelc store
e. Other uses of similar untunc
5. Bool, and Office Support Stores, including:
a. Book store
b. Office supplies
C. Other uses of similar nature
6. Retail stores and professional service establishnnenls, including:
a. Pharmacies
b. Specialty food
C. Fabric shops
d. Jewelry shops
C. Furrier
f. Formal Wear
g. Barber and hair styling
h. Clothing store
i. Liquor store
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45
j. Tourist information and travel agencies and ticket iescrvation
services, but not to include any airline terminal services or facilities
for the transport of passengers, baggage or freight.
k. Other uses of similar nature
7. llomc and Office Furnishings, including:
a. Home finrniture store
b. Office furuinue store
C. Tnterior decorators
d. Home appliances
C. Antique store
f. Other uses ol'similar nature
8. Athletic Clubs, including:
a. Spa
b. Health club
C. Recreation facility
d. Other uses of similar nature
9. Home improvement stores; including:
a. Hardware store
b. Paintstorc
C., Wallcovering store
d. Other uses of similar nature
Ili. Retail nursery subject to a use permit
I1. I115titulional, instructional and educational usex, subject to a use permit in
each case. (28.3)
`12. Professional and Business Offices - see Part ll, Section II, Group 1 for
permitted uses.
*Office uses are perm tted within General Commercial Sites 3, 4, 5 and 6 and not
permitted within General Commercial Sites 1 and 2. [9, 26, 28.3, 31]
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Srction III, General Development Standards for Cgtnnterce
Maximum building areas and building heights shall be noted in the Statistical
Analysis, Part R.A and Part H.B.
A. Setback,.
All setbacks shall be measured Crom the property line. For the purpose CC this
ordinance, a street side property line is that line created by the ultimate right -of-way
lire of the,fronlage street.
Front Yard Setback
Thirty (30) feet mininnuu; except that unsupported roofs or sunscreens may
pro.jecl six (6) feet into the setback area.
H -ACC \lolcl uses: Seventeen (17) Feet and six (6) inches minimum,
provided that the average setback for all builduiss along the liuear stn.et
fimntage is thirty (30) feet. [31 J
2. aide Yard
Side r -rd setbacks will be required only when any one of the Following
conditions exist:
a. Corner lot: Thirty (30) feel (street side setback only), except that
unsupported roofs and sunscreens may project three (3) feet into
setback area.
IIotel/Motel uses, fourteen (14) feet and six (6) inches tninimuun,
provided that the average setback for all buildings along the linear
street fi-ontage is twenty-soven (27) feet. [31)
b. Where property abuts other than commercially zoned property, a ten
(10) foot setback is required. Unsupported roofs and sunscreens may
project three (3) feet into the setback area.
Hotel/lvlotel uses: Teti (10) feet minimum setback for all buildings
along the property line. [31 J
3. Rear Yard
None required except on a thorough -lot in which case the required fi'ont yard
setback shall be observed.
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47
B. Simts
Sicn.4rea: General Standard
Building identification shall be limited to a single (1) entity. Building
identification signs shall have an area not to exceed 1 1/2 square Feel of
sarl:tce for each ate (1) foot of lineal frontage ol'huilding, however, no
sign shall exceed two hundred (200) square feet per face. Building idcnti-
Flcution signs shall be limited to two (2) Ihcades.
2. Polr si_;ti:
One (1) identification pole sign site will be allowed for the following
commercial businesses:
a. Restaurant
b. Cocktail lounge andlor bar
C. Motel and Hotel
If a pole sign is utilized, it shall be in lieu of other identifications signs
allowed by ordinance. 'Pole signs shall be limited to maximum height of
tweray (20) foet and a maximum area of fifty (50) square feet per Rica:,
double faced.
3. WNIIS&I:
ht no event shall att identification sign placed on a wall comprise more than
ten (10) percent of the area of the elevation upon which the sign is located.
Said signs shall be fixture signs. Sighs painted directly on the surface of the
Walt shall not be permitted.
Wj
m
h Ground Sim:
An idcntitication ground sign shall not exceed four (4) feet above grade in
vertical height. Also, ground signs in excess on one - hundred and fifty (150)
square feet in area (single face) shall not be erected in the First twenty (20)
feet, as measured Prom the property line, of any surer side setback.
However, the above standards shall not apply to the Community Directional
Sign and Special Purpesc Sign.
Mulli- Tenant Directory Situ :
One (1) directory sign listing only the name of the firms or businesses on a
site shall be allowed. Said sign shall be limited to it maximum height of
tw -cnty (20) feet. Panels identifying each individual story shall be no longer
than one (1) foot in Nvidth and five (5) feet in length.
t+. Special Purpose Sign:
Subject to the standards established in Part I, Secion IU, Item D.4.
Consultclion Sign:
Subject to the standards established in Part I, Section 111, Item D.G.
5. FuhreTcnantIdentification:
Subject to the standards established in Part 1, Section III, hem D.7.
9. Community Direction and /or Identification &gq:
Subject to the standards established in Part I, Section III, Item C.S.
C. Sign Standards
Except as noted above, the same sign standards as outlined in Sub - Section 1.),
Section Ill, Part 1 of this ordinance, shall prevail for developments in this area.
D. Parkin
Medical and Dental
Five (5) spaces for each doctor or one (1) space for each 200 square feet of
gross lloor area whichever is greater.
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�-9
2. Professional Ofticcs
One (1) space for each 225 square feet of net floor area. The parking
requirement may be lowered to one (1) space for each 250 square Icct of net
floor area upon review and approval of the modification c0nunince.
Exce?i iau: [35]
The 1011owing parking requirements are applicable to Professional and
Business Office Site \o. 9.
One. (1) space for each 281 square feet of net floor area.
G Changes to the on-site parking plans shall be reviewed by the Planning
Director.
3. 1, r,dgc�llalls,Private Clubs, Union Head 1 -1wtr3
One (1) space for each 75 squaw; feet of gross floor area plus one (1) space
tor each 250 square feet of gross office floor area.
4. Restaurants, Outdoor, Drive-In and Take -! ut Restaurants. (7]
Restaurant parking shall be in accordance with Section 20.38.030(4) of the
1\c%%,port Beach Municipal Code, except as noted under "b" and "c" below.
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50
b. Restaurants other than outdoor, drive -in or take -out restaurants
within Retail- Conmuercial Sites 1 and 2 shall provide one (1) space
for each 200 square feet of net floor area and one (1) loading space
for each 10,000 square feet of gross floor area, to the extent that the
riot floor area of all restaurants does not exceed 20% of the net fluor
area of the retail- commercial center. Li the event that any restaurant
causes the total of all restaurant uses in the retail - commercial cener
to exceed 201!, limitation noted above, that entire restaram and any
subsequent restaurants shall provide parking as noted under "a"
ahove.
c. - Parking for outdoor, drive-Li and take -out restaurants shall be
provided in accordance with Section 20,53.060 of the Newport
Beach Municipal Codc.
5. Retail Conmicrcial
One (1) space for each 200 square feet of net floor area. One (1) loading
space for each 10,000 square feet of gross floor area.
6 l lolcls wid Motels [61
Parking for Hotel and iNlotel guestrooms; all related restaurants, cocluail
lounges, banquet and meeting rooms, retail shops; and all employees shall
be based on a demonstrated formula to be reviewed and approved by the
Planning Commission.
'fhc parking fommht shall contain the minimum parking whieh.wopld be
required for each of the separate uses evaluated independently. Any
reductions from this minion na parking requiremcm must be based on the
joint usage of the facilities by hotel and motel patrons. (10]
7. General Commercial [8, 9]
a. One (1) space for each 250 sq.11. of net floor area. One (1) loading
space for each 10,000 sq.fl. of gross floor area.
b. If the development of General Commercial Site 3 or 4 is limited
solely to Professional and Business Office use, the parking shall be:
One (1) space for each 225 sq.fl. of net floor area. The parking
requirements may be lowered to one (1) space for each 250 sq.fl. of
net floor area upon review and approval of the modifications
committee.
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51
c: Specific parking requirements shall be developed for uses such as
fiuuitue stores, athletic clubs, theaters, bowling alleys, home
improvement stores, retail nurseries or tine stores based upon
Functions and occupancies within these uses. Pad ing shall be in
comformmncc to existing City of Newport Beach requirements tier
said occupancies, or at ,r dennomtrated formula aoreeablc to the
Director of Conuuuniiy I)evelopmenl. hi the event that any use
described above is converted to another use parking acquirements For
the new use shall be subject to review by the Director of Community
Development.
d. For restaurant parking see Part Fl, Section M, D.d.
E. Landscaping
Detailed landscaping and irrigation phis, prepared by it landscaping archiust,
licensed landscaping contractor or architect shall be submitted to anti approved by
the Planning Director prior to issuing ofBuilding Pemiits and installed prior to issue
of Cerliticalc (A' Use and Occupancy.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
1. Four Yard Setback Area
a. General Statement
Landscaping in these areas shall consist of an effective combination
of street tees, trees, ground cover and shrubbery.
b. Special Landscaped Street
The entire area between the curb and the building setback line shall
be landscaped, except for any driveway in said area.
G. Other Streets
The entire area between the curb and a point ten (10) feet in back of
the fi,out property line shall be landscaped except for any driveway in
said area.
2. Side Yard and. Rear Yard
a. General Statement
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All unpaved areas not utilized for pinking and storage, shall be
landscaped utilizing ground cover and /or shrub and tree materials.
b. Undeveloped Aicas
Undeveloped areas proposed for future expansion shall be
maintained in a weed fi-vc condition, but need not be landscaped,
C. Screening
Ares used for parking shall be screened tiom view or have the view
biterrupted by landscaping and/or fencing lions access streets,
freeways, and adjacent properties. Plant materials used for screening
purposes shall consist of linoal or grouped masses of shrubs and /or
h•c;;s.
d. Boundary Areas
Boundary landscaping is required on all - interior property lines. Said
areas shall be placed along the entire length of these property lines or
be of sufficient length to accmmnodate the number of required a ecs.
Trees, equal in number to one (1) tree per twenty -five i'S) lineal fv,.t
of each property line, shall be planted in the above defined areas in
addition to required ground cover and slu-ul? material.
C. All landscaped areas shall be separated from adjacent vehicular areas
by a wall or curb, at least (G) inches higher that the adjacent
vehicular area.
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15.3
3. Parkin Areas
teas
Trans, equal in number to one (1) per each five (S) parking stalls shall be
providcd in the surface parking area (37 ).
F. Loaditip Arcos
Stri:cf side loading on other than special landscaped streets, shall be allowed
providing the loading dock is set back a minimum of seventy (70) feet from
the street tight -of -way line, or one hundred ten (110) feet fiom the street
center line, whichever is greater. Said loading area must be screened from
view from adjacent streets.
G. 5t�irageAi cas
1. All outdoor storage shall be visually screened fi-om access streets, freeways
and adjacent property, Said screening shall fmrtt a complete opaque screen
up to a point eight (8) feet in vertical height but need not be opaque above
that point.
2. Outdoor storage shall be meant to include all company owned and operated
motor vehicles, with the exception of passenger vehicles.
3. No sto ,.agc shrill be permitted between a frontage street and the building lute.
H. Refuse Collection Areas
All outdoor refitsc collection areas shall. be visually screened from access
streets, freeways and adjacent property. Said screening shall form it
complete opaque screen.
2 No refuse collection area shall be permitted between a frontage street and
the huilding line.
L Telenhone and lilcctrical Service
All "on- site" electrical linos (excluding lines in excess of 12KV) and telephone lines
shall be placed underground. Transformer or terminal equipment shall be visually
screened from view fi-ou sheets and adjacent properties.
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154
J. Pedestrian Access
It is required of all developments in the commercial areas to submit a plan of
pedestrian access to tine Planning Department prior to the issuance of building
permits. Said plans will detail consideration for pedestrian access to the subject
property and to adjacent properties, and shall be binding on subsequent development
of the properly. "l'lic plan shall show all interior walkawayys and all walkways in the
public right - of -way, if such waikwa,,s are proposed ornecesmty.
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55
FOOTNOTES
[1] Planned Conununity Text Amendment No. 1, dated December 13, 1971, incorporating a
revised land use plan.
[21 Planned Community Test Amendment Vo. 2, dated June 12, 1972, incorporating the folloxving
chang. s:
I
. Relocation of Fire Station site
b. Limitation of tourist infor;nation,. travel agencies and ticket reservations within Retail
Commercial sites.
C. Addition of specific restaurant density wi thin Retail Commercial sites.
[3J Planned Community Text,Armendincnt No. 3, dated October 24, 1972, permitting Auto Centers
as an additional use within Industrial Site 2B.
[4] Planned Camnunity Text Amendment No. 4, dated January 8, 1973, incorporating the
following changes:
It. Provision fora Mechanical Car Wash within Service Station Site No. 1.
b. Eliminate provision for a Fire Station within Industrial Site 3A.
[5] Planned Community Text Amendment No. 5, dated July 23. 1973, incorporating the fol.lowiug
changes:
a. Rearrangement of Office Site 3 and Restaurant Site 2 and reapportionment of land
allotted to each.
b. Reduce allowable building area in Office Sites I and 2 and increase allowable building
area in Office Site 3A.
C. Increase allowable building height in Office Site 3A to S stories.
[61 Planned Community Text Arnendmcnt No. 6, dated June 10, 1974, establishing parking
requirements for Hotcls and Motels based on a demonstrated formula.
[7] Plamncd Community Text Amendment No. 7, dated September 8, 1975, revising off-street
parking requirements for restaurants to conform with existing City Standards.
[81 Planned Community Text Amendment No. 8, dated February 9, 1976, permitting General
Commercial uses on Auto Center Site la and 2b.
f'OQTNOTHS (Cont.)
46
M-
[91 Planned CounUnity Text Amendment No. 9, dated April 11, 1977, incorporating the
following changes:
a. Expand the permitted uses for General Commercial.
b. kc- designwv General Cummercial Site I -A and 2 -i3 to General Cunuucrcial Sites 1,
and 3.
C. Expand Geneai Commercial Site 3 to include one half of Industrial Site I A.
d. Conre1 hrdustrial Site 2A to General Commercial Site 4.
C. Restrict rho allowable building area and the permitted uses for General Conuncrcial
Sites 1, 2, 3 and 4.
1101 Planned Cormnuruty Text Alucndment No. 10, dated May 23, 1977, incorporating the
following change:
a. Delete the provision added by Resolution No. 8261 adopted by the City Council un
June 10, 1974 from Section 11, D, 0.
jl l] Plumped Community Text Amendment No. 11, dated April 10, 1978, incorporating lhr.
following change:
a. Establish guidelines for an exception to the minimum site area.
[12] Planned Conuminity Text Amendment No. 12, dated July 11, 1978, incorporating (he
following change:
a. [revised the allowable building height for Parcel No. 1 of Resubdivision No. 585.
[13] Planned CormnunityText Amendment No. 13, dated ATovember 27, 1978, incorporating the
following change:
a. Requirement that a Phasing Plan be approved by the Planning Commission for
seventy (70) percent of the undeveloped allowable building area existing as of
October 1, 1978.
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57
I-'OOTNOT'ES (('oat.)
[ 141 Platmed Cormnunity Test ;amendment No. 14, dated June 11, 1979, mcnrporaturg the
following changcs:
a. Reduce tiie allowable buildine area of Ltdustrial Site 3A.
b. Reduce the allowable building area of ComnterciaVProfessional and Business
Office Site I and 2.
f 151 Planned Community Text Amendment No. 15, dated March 23, 1981, incorporating the
following changes:
a. Specification of a maximum building height of seven (7) stories on Patrol No. 2 of
Rcsubdivision No. 585.
[16] Planned Conwttutity Text Antendmcnl No. 16, dated Vlarch 8, 1084 incorporating the
Gbllowiug change:
a. Ltcreasc of 16,154 square feet of office space in Professional and Business Offices
Site 5.
[17] Planned Community Text Amendment No. 17, dated April "13, 1984, incorporating the
following change:
Ft. Increase of 1,091 square feet of office space in Professional and Business Offices
Sites l and 2.
[181 PLrnned Community Text Amendment No. 'IS, dated June 25, 1984, incorporating; the
iollowing changcs:
a. Establish a specific limit on hotel roans in Hotel Sites to and IB.
[19] Planned Community Text Amendment No. 19, dated July 23, 1984, incorporating the
following changcs:
a. Transfer of 4,130 square feet of allowable building area from General Commercial
Site 4 to Professional and Business Offices Site 5.
M
WA
FOOTNOTES (Cont.)
[20) Planned Community Text Amendment No. 20, dated January 12, 1987, incorporating the
following changes:
a. Add Professional and Business Offices Site 8, with 54,000 square feet allowed.
b. Delete Restaurant Site 2A, with 8,400 square feet deleted.
[21] Planned (:onmumily Text Amendment No. 21, dated \•larch 9, 1987, incorporating tlnc
JbIlowing change:
a. Increase allowed dcvelopirmit in Professional and Business Offices Site 5 to
241,570 square feet; allow additional support retail uses up to 294,600 square leet
total; add support commercial as penlittcd land use. (2 1)
122] Planned Community'fext rllncndmcnt No. 22, dated February 4, 1988, incorporating (lie
following change:
I Allow sU uctures located within a portion of Industrial Site 3A10 be constructed in
excess of the 35 -foot height limit up to a maximum of 50 feet, subject to the
approval of;t use permit.
[23] Planned Community Text Amendment No. 23, dated July 6, 1989 incorporating the
following change:
I
. Allow reslatuant uses on General Commercial Site 1, subject to the approval of a
use permit in each case.
[24] Planned 'Community Text Amendmont No. 24, dated June 6, 1991, incorporating the
f01towin" change:
a. Increase the allowable office development, in Professional Bushness Offices, Site
No. 5 to 257,287 square feet, and reduce the allowable retail development to 37,315
square feet.
[25) Planned Conununity Text Amendment No. 25, approved by the City Council on Maich 9,
1992, incorporating the following change:
a. Increase the allowable office development in Professional Business Offices, Site
No. 5 to 268,743 square feet, and reduce the allowable retail development to 25,857
square feet.
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55
FOOTNOTES (Cont.)
[26) Planned Community Text Amendment No. 26, approved by the City Council on Junc S,
1992, incorporating the following changges:
a. Redesis»atc the Sheraton Hotel Site from Hotel Site IA and I to Hotel Site I and
General Commercial Site 5.
b. Reduce. the hotel room entitlement on Hotel Silc I by 119 rooms and establish a
devclopment entitlement of31,362 square feet for t luneral Commercial Site 5.
C. lstablish a height limit of 50 feet within Guneral Commercial Site 5.
d. The Requirement £or a reciprocal easement to provide ingress, egress, and parking
for mutual benefit between Hotel Site. I and General Commercial Site 5.
1271 Planned Community Text Amendment No. 27, approv od by the City Council on September
13, 1993. incorporating the following changes:
a. Increase tho allowable commercial development in General Commercial Site 3 from
48,300 square feel to 49,380 square feet.
1). Delete the provisiun which counts one square foot of floor area devilled to
restaurants as two square feet of permitted commercial floor area in General
Commercial Sites 2,3, and 5.
C. Delete the provision winch restricts the maximum amount of gross floor area
devoted to restaurants to 8,000 square. feet each in General Conuttercial Sites 3 and
5.
[281 Planned Community Test Amendment Nu. 28, approved by the City Counci 1 on
January 22, 1996, incorporating ttte following clianges.
a. Rustricting automobilu repair and detailing as an accessory use only in conjunction
with sales of new vehicles.
C. Eliminate other permitted uses,
[28.1] Planned Conmm roily Test Amendment No. 28.1, approved by the City Council on
September9, 1996.
a. To add 'Instructional Dance Facility for Adults and Related Retail Uses' to the list of
Retail Commercial' uses for Ncwport Place.
50
ROX
FQOTNOTLti (Cont.)
[28.2] Planned Community Text Atncndnnant No. 28.2, approved by the City Council on March
24, 1997, incorporating the following changes:
a. Change the list of permitted uses of "industrial Site No. 4" to allow establishment of
remedial driving instruction and counseling facility.
123.31 Mumed Community Text Amendment No. 25.3, approved by the City Council on August
It. 1997, incorporating the following changes:
a. Redesignate "Retail Conunercial Site. P (MacArthur Square) to "(.General
Commiercial Site No. 6."
b. Redesignate "Retail Commercial Site 2" to 'Retail Commercial Site P
[291 Planned Cocmnunity Text Amendment No. 29, approved by the City Council on July 27,
1998, incorporating th; follmviug change:
a. Permit Business and Trade Schools within Profession and Business Office Site A,
subject to the approval of a Planning Director's Use Permit.
[301 Planned Community Text Amendment No. 30, approved by the City Council on January 11,
1999, iincurporated the following changes:
a. Establish the permitted Cross Floor area for Professional and Business Offices Sites
I atnd.2 at 860,884 square. feet.
[31J Planned Community Text Amendment No. 3l, approved by the City Council on February 8,
1999, incorporating the following changes:
a. Redesigiating Auto Center Site 2A to Connnnercial/Piofessional & Bushress
Offices Site 2A.
b. Redesignating hiduslrial Site 2B to CounnercialMotcl & Motel Site 2B.
C. Expand the permitted uses for Professional & Business Offices to include Leneral
professional and general business offices.
d. Establish it height limit of 95 feet within Professional & Business Office Site 2A.
c. Establish a height limit of 60 feet within Hotel & Motel Site 2B.
Establish a front yard setback for HotcWotel "uses a 17 %z foot minimum, provided
that the average setback for all buildings along the linear street frontage is 30 Ices.
51
01
;. Establish a side yard, corner lot setback for Hotel/Motel uses of a 14 1/2 Ibot
minimum, provided that the average setback for all buildings along; the linear street
frontage is 27 feel.
h. Establish aside yard setback for Hotel /Motel uses of a ten (10) foot minimum.
Provide that landscaping in parking areas be provided in surface narking areas,
[32] Planned Community Text Amendment No. 32, approved by the City Council on April 12,
1999, incorporated the t'ollowingehanges:
a. L•siablish the permi tied, gross floor area tin' Professional and Business Offices Sit: 4
at 228,214 square feet.
['3 Planned C,Uttmmity'fext :'+mendntent Net, 33, inuuduced at the City Council meeting on
March 26, 2002 and adopted on the 9th of April 2002:
a. Update The Industrial Statistical Analysis by allowing a 1,590 square fail
building addition at the subject property identified,as 1811 Quail Street.
[341 Planned Conununiiy Te..:t Amendment Afu...14,adopted on the 14th of June 2005:
I
. Revising the Land Use Plan, perndlred uses, and development standard} of the
Ncwporl Place Planned Community as they relate to the Newport Lexus
Dealership.
[35] Planned Cummunity TeA Amendment No, 35, adopted on September 14,2010:
a. Rc- designate Industrial Site 4 to Professional and Business Offices Site 9,
b. Change the parking requirement for office uses within Professional and Business
Offices Site No. 9 to one space per 281 square feet, which allows all of the buildings
to be occupied with office uses.
C. Add a provision that requires Plannhtg Director review of the parking configuration
in Professional and Business Offices Sitc No. 9.
d. Revising the Land Use Plau, peniittcd uses and development standards of the
Newport Place Planned Community as they relate to the Newport Commerce 16.9
acre site bounded by Birch Street, Dove Street, Westerly Place and Quail Street.
52
ON
FOOTNOTES (Cont.)
1301 FIanned Comnunii,h• Text Amrndn nt NO. -M ado pled on September. M 1 I:
n. _ Add vehicle swrage facility as l pumillcd, use on Hotel Site 2 -13 sub vet to the
issuance o!ta 11w Vrnlil and a fndith• Ifiat [he use is suliIwi(i C 01' the ,rincin;il
w:� :sire rnt)lied in the Nt mport_F1:wi. Maimed C'nnununit taxi,.
53
M
J I Commercial
Total
134.8 are Site 1
nJ
F
Sarvleo
station
Site 7
Industrial
Site 3A
a.
Pro. & Bus.
Office
Site 9
Pro. & Bus.
Office Sites 1 & 2
Al
General
l commomial
Ili Site 4 a\
` Industrial I-
site 1A
Ii General
1 I Commercial
Hotel
Site 1
Gqe
9� e 4s
?4
i
General Commercial
i
Site 6 l
a l
1 General Commercial I
snos J
+ it
Pro. 8 Bub
j- Gfllce slit. ii
I 1�•_ ill. ..�_�,
APro. 8 Bus.
fi t,
Pro. & Bus. !I Restaurant Site l -�
Office t : - --
Site 6
.and use Plan 511x3 %f
Newport place
Planned Community General
Commerclal
Ordinance No. 2010 -16 f sue 2 -.
PC Text Amendment No. PD2010 -002
(PA2010 -007)
Pro. & Bus. 0
Office
Site 4
B
Pr... Bus. Via\ 1 I, Gut'. site 8 nl
e F
. r 1
`II Ganoral Commercial II
.\ ll Site 7 I
i ill`
yi
D ;
General
Commercial
' Site 1 , \
N
?en Place tU Exhltllt 2010.mxd
04
Area Summary
Industrial 2
23.3 ac.
office 8
81.7 ac.
Retall/General Commordill 1
15.4 ac
CommerciaPRestauranl 2
2.9 ac I
I '
Commercial/Hotel Motel 1
10.1 ac
Service Station 1
1.2 ac.
Retail
Total
134.8 are Site 1
nJ
F
Sarvleo
station
Site 7
Industrial
Site 3A
a.
Pro. & Bus.
Office
Site 9
Pro. & Bus.
Office Sites 1 & 2
Al
General
l commomial
Ili Site 4 a\
` Industrial I-
site 1A
Ii General
1 I Commercial
Hotel
Site 1
Gqe
9� e 4s
?4
i
General Commercial
i
Site 6 l
a l
1 General Commercial I
snos J
+ it
Pro. 8 Bub
j- Gfllce slit. ii
I 1�•_ ill. ..�_�,
APro. 8 Bus.
fi t,
Pro. & Bus. !I Restaurant Site l -�
Office t : - --
Site 6
.and use Plan 511x3 %f
Newport place
Planned Community General
Commerclal
Ordinance No. 2010 -16 f sue 2 -.
PC Text Amendment No. PD2010 -002
(PA2010 -007)
Pro. & Bus. 0
Office
Site 4
B
Pr... Bus. Via\ 1 I, Gut'. site 8 nl
e F
. r 1
`II Ganoral Commercial II
.\ ll Site 7 I
i ill`
yi
D ;
General
Commercial
' Site 1 , \
N
?en Place tU Exhltllt 2010.mxd
04
Pro. & Bus. 0
Office
Site 4
B
Pr... Bus. Via\ 1 I, Gut'. site 8 nl
e F
. r 1
`II Ganoral Commercial II
.\ ll Site 7 I
i ill`
yi
D ;
General
Commercial
' Site 1 , \
N
?en Place tU Exhltllt 2010.mxd
04
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CITY OF
NEWPORT BE CH
City Council Staff Report Agenda Item No. 17
October 11, 2011
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Maakana Nova, Assistant Planner
APPROVED:
TITLE: Fletcher Jones Vehicle Storage Facility (PA2011 -076)
ABSTRACT:
A planned development amendment to the Newport Place Planned Community to allow
vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle
storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a
modification permit to allow minor deviations to the landscape development standards.
The site does not comply with the landscape development standards, which require one
tree to be planted for every five parking spaces within all parking areas and one tree for
every 25 linear feet along interior property lines. The site is currently utilized for outdoor
storage of vehicle inventory associated with Fletcher Jones Motorcars, which was
previously approved for a limited duration.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Introduce Ordinance No. 2011 -24 (Attachment No. CC 1) approving Planned
Development Amendment No. PD2011 -002, and pass to second reading on
October 25, 2011; and
3) Adopt Resolution No. 2011 -96 (Attachment No. CC 2) approving Conditional Use
Permit No. UP2011 -024 and Modification Permit No. MD2011 -012, subject to the
findings and conditions of approval in the draft resolution.
ON -SITE
NORTH
SOUTH
EAST
WEST
GENERAL PLAN
MU -H2 (Mixed -Use
Horizontal)
MU -H2 (Mixed -Use
Horizontal)
CO -G (General
Commercial Office)
CG (General
Commercial)
CO -G (General
Commercial Office)
Fletcher Jones Vehicle Storage Facility (PA2011 -076)
October 11, 2011
Page 2
VICINITY MAP
a"
M'
T roperty il Street
ZONING
�r 1
f
ZONING
PC -11 (Newport Place Planned
Community, Hotel Site 2 -B)
PC -11 (Newport Place Planned
Community, Prof. & Bus. Office
Sites 1 & 2)
SP -7 (Santa Ana Heights
Specific Plan)
PC -11 (Newport Place Planned
Community, Industrial Site 1A
and General Commercial Site 3
PC -11 (Newport Place Planned
Community, Industrial Site 3A
and General Commercial Site 41
N
Vehicle storage
Offices
Highway 73 and Offices
Offices and Retail
Offices
2
Fletcher Jones Vehicle Storage Facility (PA2011 -076)
October 11, 2011
Page 3
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The subject property is bounded by North Bristol Street to the south, Spruce Street to
the west, and Quail Street to the north. Office uses are located to the north, south, and
west along Bristol Street, Spruce Street, and Quail Street and a retail shopping center is
located to the east of the subject property along North Bristol Street. The property is L-
shaped and 161,172 square feet (approximately 3.7 acres) in area. Since 2004, the site
has been used for outdoor storage of vehicle inventory associated with Fletcher Jones
Motorcars and is developed with a surface parking area for up to 519 vehicles and a
200 - square -foot guardhouse for security purposes. Two parking spaces are available
onsite for security personnel and employees. Vehicle inventory is stored onsite, then
moved for sale at the primary dealership, located at 3300 Jamboree Road. Customers
are not permitted onsite and vehicle repair does not occur at this location. The daily
hours of operation are limited to the hours of 5:00 a.m. through 10:00 p.m. daily.
The applicant requests a planned development amendment to the Newport Place
Planned Community to continue use of the site as a vehicle storage facility as a
conditionally permitted use. In conjunction with this approval, a conditional use permit is
requested to allow vehicle storage on Hotel Site 21B of PC -11 (Newport Place Planned
Community). The proposed changes to the planned community can be found on pages
34 and 53 of the redlined draft PC -11 (Newport Place Planned Community) text (Exhibit
"A" to Attachment No. CC 1).
The modification permit is requested to allow minor deviations from the landscape
development standards. The PC -11 Zoning District requires trees in the surface parking
area for every five parking stalls. These trees are not provided or proposed within the
existing vehicle storage area. The vehicle storage area is screened from the adjacent
right -of -way by landscaping and a chain link fence with solid covering.
In addition, one tree per 25 feet of lineal feet is required along all interior property lines.
Under the landscape development standards, a total of 23 trees are required along the
east interior property line. The landscaping area provided on the subject property is not
wide enough to accommodate any of the required trees. However, trees and additional
landscaping are provided on the adjacent property.
Planning Commission Action
The Planning Commission held a public hearing on August 18, 2011. No members of
the public other than the project applicant commented on the proposed project.
3
Fletcher Jones Vehicle Storage Facility (PA2011 -076)
October 11, 2011
Page 4
The Planning Commission found the use consistent with the General Plan and that the
findings for approval of the Conditional Use Permit and Modification Permit could be
made. The motion to approve the project as recommended by staff was approved (7
ayes and 0 noes). The staff report, resolution, and draft minutes from the Planning
Commission meeting have been attached for reference as Attachment Nos. CC 4, 5,
and 6.
Alternatives
Should the City Council choose not to approve the planned development amendment,
conditional use permit, and modification permit applications, Council should adopt the
draft resolution for denial, provided as Attachment No. CC 3, and provide facts for
denial. City Council may also revise any conditions of approval in conjunction with
approving the project.
ENVIRONMENTAL REVIEW:
The Planning Commission recommends the City Council find this project exempt from
the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (Existing
Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment.
If denied, projects which a public agency rejects or disapproves are not subject to the
California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the
CEQA Guidelines.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). Notice of this hearing was
published in the Daily Pilot, mailed to property owners within 300 feet of the property
and posted at the site a minimum of 10 days in advance of this hearing consistent with
the Municipal Code. Additionally, the item appeared upon the agenda for this meeting,
which was posted at City Hall and on the City website.
Submitted by:
Kimberly Brandt, A,4gP
Community Development Director
Fletcher Jones Vehicle Storage Facility (PA2011 -076)
October 11, 2011
Page 5
Attachments: CC 1 Draft City Council Ordinance
CC 2 Draft City Council Resolution for Approval with Findings and
Conditions
CC 3 Draft City Council Resolution for Denial
CC 4 Planning Commission Staff Report
CC 5 Planning Commission Resolution
CC 6 Planning Commission Minutes
CC 7 Site Photos
CC 8 Project Plans
J
0
City Council
Attachment No. CC 1
Draft City Council Ordinance
7
ON
ORDINANCE NO. 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING PLANNED DEVELOPMENT AMENDMENT NO.
PD2011 -002 FOR PROPERTY LOCATED AT 1301 QUAIL STREET
(PA2011 -076).
WHEREAS, an application was filed by Fletcher Jones Motorcars, with respect to
property located at 1301 Quail Street; and legally described as Parcel 1 of Resubdivision
No. 364 as recorded in Book 49 Page 18 of parcel maps, County of Orange, California,
requesting approval of a planned development amendment, use permit, and modification
permit; and
WHEREAS, the project includes a planned development amendment to allow
vehicle storage as a conditionally permitted use, conditional use permit to allow vehicle
storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a
modification permit to allow minor deviations to the landscape development standards.
The site is currently utilized for outdoor storage of vehicle inventory associated with
Fletcher Jones Motorcars; which was previously approved for a limited duration; and
WHEREAS, a public hearing was held on August 18, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this meeting; and
WHEREAS, at the August 18, 2011, public hearing, the Planning Commission
received public comments and on an affirmative motion (7 ayes, 0 noes) forwarded a
recommendation to the City Council to approve the proposed Code Amendment; and
WHEREAS, a public hearing was held on September 27, 2011, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. Evidence, both
written and oral, was presented to, and considered by, the City Council at this meeting.
The item was continued to the October 11, 2011 City Council Meeting; and
WHEREAS, a public hearing was held on October 11, 2011, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place
and purpose of the meeting was given in accordance with the Newport Beach Municipal
Code. Evidence, both written and oral, was presented to, and considered by, the City
Council at this meeting; and
WHEREAS, the subject property is located within the Hotel Site 2 -B Sub -Area of
the PC -11 (Newport Place Planned Community) Zoning District and the General Plan
Land Use Element category is MU -H2 (Mixed -Use Horizontal); and
WHEREAS, the subject property is not located within the coastal zone; and
9
WHEREAS, amendments to the Planned Community Development Plan are
legislative acts. Neither the City nor State Planning Law set forth any required findings
for either approval or denial of such amendments.
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Therefore, to the fullest extent permitted by law, applicant and property owner shall
defend, indemnify, release and hold harmless the City, its City Council, its boards and
commissions, officials, officers, employees, and agents from and against any and all
claims, demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
which may arise from or in any manner relate (directly or indirectly) to the project, the
project's approval based on the City's CEQA determination and /or the City's failure to
comply with the requirements of any federal, state; or local laws, including, but not
limited to, CEQA, General Plan and zoning requirements. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of suit,
attorneys' fees, and other expenses incurred in connection with such claim, action, or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The PC -11 (Newport Place Planned Community) text shall be
amended as provided in Exhibit "A ", with all other provisions of the existing Planned
Community District Regulations remaining unchanged and in full force and effect.
SECTION 2: If any section, subsection, sentence, clause or phrase of this
ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3: This project is exempt from the California Environmental Quality Act
( "CEQA ") pursuant to Section 15301 - Class 1 (Existing Facilities) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3. The Class 1 exemption
includes the operation, repair, maintenance, permitting, leasing, licensing, or minor
W&I
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use. The proposed
project involves the entitlement of an existing vehicle storage facility. No physical
change or expansion of the existing use is proposed. Therefore, the use qualifies for a
categorical exemption under Class 1.
SECTION 4: 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 final and 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 October 11, 2011, and adopted on October 25, 2011, by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
A, C /,--
CITY ATTORNEY
,I
Exhibit "A"
NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN
AMENDMENT
12
PLAlVNE D COMMUNITY DLYLLOPIVII+JN T STANDARDS
NEWPORT PLACE
Eniltay Development Company, Inc.
Newport Beach, California
is
CONTENTS
General Notes I
Definitions 2
Statistical Analysis 4-16
PART I - MUSTRIAL
Section I: Minimum Site Area
17
Section IJ Permitted Uses
17
Group I. Light Industrial
17
A
17
B
IS
C
18
Group II. Medium I MusUrial and Industrial
Service and Support Facilities
19
A
19
B
20
C
21
D
22
Section Ill General Development Standards for Industry
23
A. Building Height
23
B. Setbacks
24
C. Site Coverage
24
D. Sign Area
25
B. Sign Standards
26
F. Parking
27
G. Landscaping
28
H. Loading Areas
29
I. Storage Areas
29
J. Refuse Collection Arcas
29
K. Telephone and Electrical Services
30
L. Sidewalks
30
M. Nuisances
30
ii
14
PART H - COMMERCIAL
Section I \4inimum Site Area
31
Section It Permitted Uses
31
Group I. Professional and Business Offices
B.
A. Professional Offices
31
B. Business Offices
32
C. Support Commercial
32
Group ll. Commercial Uses
38
A. Automobile Center
33
B. Hotels and Motels
33
C. City, County, and State Facilities
33
D. Set-vice Stations, Car Nash
33
E. Retail Commercial Uses
33
P. General Commercial
34
Section III General Development Standards for
Telephone & Electrical Services
Conunerce
36
A.
Setbacks
36
B.
Signs
37
C.
Sign Standards
38
D.
Parking
38
.E.
Landscaping
40
F.
Loading Areas
42
G.
Storage Areas
42
H.
Refuse Collection Areas
42
I.
Telephone & Electrical Services
42
J.
Pedestrian Access
43
FOOTNOTES 44-50
ATTACHED EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Land Use [ 1,5,5]
Grading & Roads [I
Storm Drain [1]
Sewer & Water [I]
Topography [I]
Traffic Analysis [ I ]
iii
15
Planned Community Development Standards for Newport Place
Ordinance No. 1369 aclopted by the City of Newport Beach
December 21, 1970
Amendment No. I Approved on December 13, 1971 by Resolution No. 7572 (A -305)
Amendment No. 2 Approved on June 12, 1972 by Resolution No. 7706 (A -325)
Amendment No. 3 Approved on October 24, t972 by Resolution No. 7846 (A -341)
Amendment No. 4 Approved on January 8, 1983 by Resolution No. 7901 (A -349)
Amendment No. 5 Approved on July 23, 1973 by Resolution No. 8054 (A -369)
Amendment No. 6 Approved on June 10, 1974 by Resolution No. 8262 (A -429)
Amendment No. 7 Approved on September 8, 1975 by Resolution No. 8588 (A -450)
Amendment No. 8 Approved on February 9, 1976 by Resolution No. 8693 (A -462)
Amendment No. 9 Approved on April 11, 1977 by Resolution No. 9050 (A -488)
Amendment No. 10 Approved on May 23; 1977 by Resolution No. 9091 (A -490)
Amendment No. I 1 Approved on April 10, 1978 by Resolution No. 1003 (A -504)
Amendment No. 12 Approved on .luly 11, 1978 by Resolution No. 9393 (A -510)
Amendment No. 13 Approved on November 27, 1978 by Resolution No. 9472 (A -514)
Amendment No. 14 Approved on June 11, 1979 by Resolution No. 9563 (A -530)
Amendment No. 15 Approved on March 23, 1982 by Resolution No. 10003 (A -560)
Amendment No. 16 Approved on March 26, 1984 by Resolution No. 84 -22 (A -604)
Amendment No. 17 Approved on April 23, 1984 by Resolution No. 84 -30 (A -597)
Amendment No. 18 Approved on June 25, 1984 by Resolution No. 84 -58 (A -607)
Amendment No. 19 Approved on July 23, 1984 by Resolution No. 84 -79 (A -608)
Amendment No. 20 Approved on January 12, 1987 by Resolution No. 87 -t (A -637)
Amendment No. 21 Approved on March 9, 1987 by Resolution No. 87 -30 (A -638)
Amendment No. 22 Approved on March 14, 1988 by Resolution No. 88-17 (A -658)
Amendment No. 23 Approved on August 14, 1989 by Resolution No. 89 -94 (A -684)
iv
10
Amendment No. 24 Approved on July 22, 1991 by Resolution No. 91 -83 (A -740)
Amendment No. 25 Approved on March 9, 1992 by Resolution No. 92 -20 (A -749)
Amendment No. 26 Approved on June 8, 1992 by Resolution No. 92 -58 (A -745)
Amendment No. 27 Approved on September 13, 1993 by Resolution No. 93 -69 (A -783)
Amendment No. 28 Approved on January 22, 1996 by Resolution No. 96 -10 (A -833)
Amendment No. 28.1 Approved on September 9, 1996 by Resolution No. 96 -78 (A849)
Amendment No. 28.2 Approved on March 24, 1997 by Resolution 97 -25 (A858)
Amendment No. 28.3 Approved on July 28, 1997 by Ordinance No. 97 -29 (A861)
Amendment No. 29 Approved on June 18, 1998 by Ordinance No. 98 -16 (A 875)
Amendment No. 30 Approved on January 11, 1999 by Ordinance No. 98 -28 (A -877)
Amendment No. 31 Approved on February 8, 1999 by Ordinance No. 99 -4 (A -880)
Amendment No. 32 Approved on April 12, 1999 by Ordinance No. 99 -11 (A -883)
Amendment No. 33 Approved on March 26, 2002 by Ordinance No. 2002 -6 (PD2001 -002)
Amendment No. 34 Approved on June 14, 2005 by Ordinance No. 2005 -8 (PD2004 -003)
Amendment No. 35 Approved on September 14, 2010 by Ordinance No.2010 -16 (PD2010 -002)
Amendment No. 36 Approved on October 11, 2011 by Ordinance No. 2011- (PD2011 -002)
v
1-7
GENERAL NOTES
The Newport Project; a planned community development is a project of Emkay
Development Company, lnc., a subsidiary of Morrison - Knudsen Company, hic. The area
is most appropriate for commercial and light industrial use because of its central location,
ideal topography, availability to four freeways, accessibility to two railroads and its
relation to the Orange County Airport. Attached drawings indicate land use, grading and
roads, storm chains, water and sewer, topography and traffic analysis.
2. Water within the Planned Community area will be furnished by the City of Newport
Beach.
3. Sewerage Disposal facilities within the Planned Community area are by the City of
Newport Beach.
4. Prior to or coincidental with the filing of any tentative map or use permit, the developer
shall submit a master plan of drainage to the Director of Public Works.
5. The height of all buildings and structures shall comply with FAA criteria.
6. Except as otherwise stated in this ordinance, the requirements of the Zoning Code, City of
Newport Beach, shall apply.
The contents of this supplemental text notwithstanding, no construction shall be proposed
within the boundaries of this Plaiued Community District except that which shall comply
with all provisions of the Building Code and the various mechanical and electrical codes
related thereto.
7. Phasing
ofDevelopment.
1,799,941 sq. fi. of development was existing or under consh•uction as of October 1,
1978. The additional allowable development in the total approved development plan is
566,423 square feel. Any further development subsequent to October 1, 1978, in excess
of 30% of the additional allowable development, being 169,927 sq. ft. shall be approved
only after it can be demonstrated that adequate traffic facilities will be available to handle
that traffic generated by the project at the time of occupancy of the buildings involved.
Such demonstration may be made by the presentation of a phasing plan consistent with the
Circulation Element of the Newport Beach General Plan. (Phasing Plan approved by City
Council March 12, 1979 for all developm ent subject to this regulation.)[13]
1
-g
DEFINITIONS
Advertising Surface:
The total area of (lie face of the structure, excluding,supPorts.
Area of Elevation:
Total height and length of a building as projected to a veilical plane.
Building Line:
An imaginary line parallel to the street right-of-way line specifying the closest point from this street
right -of -way line that a building structure may be located (except for overhangs, stairs and
sunscreens).
Public Safety Area:
A strip of land twenty (20) feet in width and running parallel with sheet rights-of-way.
Right -of -Way Line:
When reference is made to right-of-way line it shall mean the line which is then established on
either the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as
the ultimate right -of -way line for roads or streets.
Side and Front of Corner Lots:
For the Propose of tlus ordinance, the narrowest frontage of a lot facing the street is the front, and
the longest frontage facing the intersecting street is the side, irrespective of the direction in which
structures face.
Sim:
Any structure, device or contrivance, electric or non- electric and all parts thereof which are erected
or used for advertising purposes upon or within which any poster, bill, bulletin, Printing, lettering,
painting, device or other advertising of any kind whatsoever is used, placed, posted, lacked, nailed,
pasted or otherwise fastened or affixed.
2
19
Site Area:
The total land area of the land described in the use or other permit.
Special Landscaped Street:
Special landscaped streets are designated as MacArthur Boulevard, Jamboree Road, Bristol Street
North and Birch Street. The landscaping requirements for special landscaped streets and for the
remaining streets are described in the following text.
Streets - Dedicated and Private:
Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular
rights -of -way. 1n the case of private or non - dedicated streets, a minimum setback fi-om the
right -of -way line of said streets of ten (10) feet shall be required for all structures. Except for
sidewalks or access drives, this area shall be landscaped according to the setback area standards
from dedicated streets herein.
3
20
STATISTICAL ANALYSIS
PART I. INDUSTRIAL*
A. Building Sites
Site IA 2.0 acres [3, 9]
Site 3A 21.3 acres [2.4] ...............23.3 acres [9, 35]
B. Building Area
Site to 34,130 sq. ft .................0.8 ac. [3,9]
**Site 3A 297,798 sq. R ...............6.8 ac. [2, 4, 14, 331
331,928 sq. f1............7.6 ac. [9, 14, 31, 33, 35]
The following statistics are for information only. Development may include but shall not be limited
to the following.
C. Parking (Criteria: 3 spaces /1000 sq. R. Om 363 sq. ft/space)
Site IA 102 cars.......... 0.9 acres [3, 9]
Site 3A 894 cars......... 7.5 ac. [2, 4, 14, 33]
996 cars......... 8.4 ac. [9, 14, 31, 33, 351
D. Landscaped - Open Space
Site I A ..................0.30 acres [3, 9]
Site 3A ..................6.5 acres [2,4,14,33]
6.8 acres [9,14,31, 33, 35] Net Open
-3.8 acres ..............Space.....3.0 ac. *[14, 31, 33, 35]
3.8 acres have been allotted for service stations exclusive of permitted building acres and
subject to use permit.
** Industrial Site 3A has been reduced by 20,000 sq. fl. with the reduction allocated to the
allowable building area for Parcel No. 3 ofResubdivision 529. The allowable building area
for Parcel No. 3 ofResubdivision 529 is now 61,162 sq. ft. [14].
Industrial Site 3A was then increased by 1,590 square feet in 2002 [33].
a
2-
STATISTICAL ANALYSES
PART 11. COMMERCIAL /PROFESSIONAL & BUSINESS OFFICES
A. Building Sites
Site 1 & 2........38.5 acres'
Site 2A............3.9
acres (3 1]
Site 4 ..................9.0
acres
Site 5 ..................7.4
acres
Site 6 ..................1.9
acres
Site 7 ..................2.5
acres
Site 8 ..................1.64
acres
Site 9 .............16.9
acres [35]
81.74 acres [20, 35]
B. Building tea
Site 1 & 2 ......... 860,884 square feet [5, 14, 17, 30]
Site 2A ............
109,200 square feet [31]
Site 4 .................228,214
square feet [32]
Site 5 .................268,743
square feet [16, 19, 21, 24, 25]
Site 6 ...............
..... 42,420 square feet
Site 7 ..................
55,860 square feet
Site 8 ..................54,000
square feet [20]
Site 9............
288,264 square feet [35]
1,907,585 square feet [21, 30, 31, 32, 33, 35]
The following statistics are for information only. Development may include, but shall not be
limited to the following.
'Commercial/Professional and Business Office Site 1 and 2 have been reduced by 36,119 feet with
the reduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The
allowable building area for Parcel I & 2 of Resubdivision 585 is now 272,71.1 square feet. [14]
?If commercial uses are constricted on Commercial /Professional and BUSineSS Office Site 5 which
are ancillary to and in the same building as office uses, additional development up to a maximum of
294,600 sq. ft. may be developed, so long as office use does not exceed 268,743 sq. ft. [21, 24, 25]
5
22
C. Typical Build"urgMix /Site Utilization
Typical site areas for buildings of varying heights are provided for purposes of illustration.
Development of any of the Sites indicated may include any number of combinations of building
types, characterized by number of stories, within the range of building types indicated for that site.
Site 1 & 2 ................860,884 square feet [5, 14, 17, 30]
a. Two Stay ................
8.42 acres
b. Three Story............
5.61 acres
C. Four Story ...............
4.21 acres
d. Five Story ..............
3.37 acres
C. Six Story .................
2.81 acres
Site 2A ............ 109,200 square feet [31 ]
a. Two Story ......................1.25
acres
b. Three Story ...................0.84
acres
c. Four Story ....................
0.63 acres
d. Five Story ....................
0.51 acres
Site 4 .................. 228,214 square feet [32]
a. Two Story . ...........................2.31
acres
b. Three Story .........................
1.54 acres
c. Four Story ...........................
1.15 acres
d. Five Story . ...........................0.92
acres
e. Six Story ... ...........................0.77
acres
Site 5 ..................268,743 square feet [16, 19, 21, 25]
a. Two Story..
b. Th-rce Story
c. Four Story..
d. Five Story..
e. Six Story....
f Nine Story..
1_90 acres
1.27 acres
0.95 acres
0 76 acres
0.63 acres
0.50 acres
Site 6 .............. 42,420 square feet
a. Two Story ..........................0.49 acres
0
23
b. Three Story .......................
0.32 acres
c. Four Story .........................
0.24 acres
d. Five Story ..........................0.19
acres
e. Six Story ..........................
0.16 acres
Site 7 .....................55,860 square feet
a. Two Story ...........................
0.64 acres
b. Three Story ......................
0.43 acres
c. Four Story . ...........................0.32
acres
d. Five Story ...........................0.26
acres
e. Six Story .... ..........................0.21
acres
Site 8 ..................54,000 square feet [20]
a. Four Story . ...........................0.30 acres
Site 9 .............288,264 square feet [35]
a. Two Story ......................3.31
acres
b. Three Story ....................2.21
acres
c. Four Story .....................
1.65 acres
d. Five Story ......................1.32
acres
c. Six Story ........................1.10
acres
D. Parking (Criteria: I space /225 sq. ft. 0 363 sq. ft/space)
Site 1 & 2.....
3,827 cars.........
31.89 acres [5, 14, 30]
Site 2A .........
474 cars".......
1.26 acres' [3l]
Site 4 ..............
905 cars..........
7.54 acres [32]
Site 5 ............
1,234 cars.........
6.13 acres [2 1]
Site 6 ..............
188 cars........
1.57 acres
Site 7 ..............
248 cars..........
2.07 acres
Site 8 ..............
231 cars..........
1.34 acres [20]
Site 9 ...........
1,281 cars .........
10.68 acres [35]
8,388 ears
62.48 acres' [21,31, 32, 33, 35]
L. Landscaped - Open Snace
Site 1 & 2 [5,14] Gross Site........ 38.5 acres
3 Includes surface parking and first floor of existuig parking structure only, does not include upper
levels of parking structure. [31].
7
24
Parking ........... 27.17 acres
Net .................1 1.33 acres
Two Story.........
8.42 acres.......
2.91 acres
Three Story.......
5.61 acres.......
5.72 acres
Pour Story.........
4.21 acres .......
7. 12 acres
Five Story.........
3.37 acres........
7.96 acres
Six Story ...........
2.81 acres........
8.52 acres
Site 2A [3 11 Gross Site
....... 3.9
acres
Parking
.......... 1.26 acres
Net ...............
2.68 acres
Two Story .......
1.25 acres
... 1.43 acres.
Three Story ......
.84 acres ...
1.84 acres
Four Story ........
.63 acres
... 2.05 acres
Five Story .........
.51 acres
... 2.17 acres
Site 4 [32] Gross Site.......
9.00 acres
Parking.........
.7.54
acres
Net ...................1.46
acres
Two Story ..........
2.31 acres......
N/A
Three Story ........
1_54 acres.......
0.01 acres
Four Story ..........
1.15 acres......
0.40 acres
Five Story............
0.92 acres......
0.63 acres
Six Story .............
0.77 acres......
0.78 acres
Site 5 Gross Site........ 7.4 acres
Parking ............ 6.13 acres
No( ..................1.27 acres
Two Story ..........
1.90 acres...... N/A
Three Story........
1.27 acres ...... .00 acres
Four Story ..........
0 .95 acres...... 0.32 acres
Five Story.........
0.76 acres...... 0.51 acres
Six Story..........
0 .63 acres...... 0.64 acres
Niue Story.........
0.50 acres ...... 0 .77 acres [2 1]
Site 6 Gross Site.........
1.90 acres
Parking .............1.57
acres
Net ...................0.33
acres
Two Story ..........
.49 acres...... N/A
Three Story ........
.32 acres...... 0.01 acres
0
215
Four Story ............
24 acres...... 0.09 acres
Five Story ..........
. 19 acres...... 0.14 acres
Six Story .............16
acres....... 0.17 acres
Site 7 Gross Site.........
2.50 acres
Parking .............2.07
acres
Net .t. ...................
0.43 acres
Two Story...........
0.64 acres...... N/A
Three Story.........
0.43 acres...... 00 acres
Four Story ...........
0.32 acres...... 0.l 1 acres
Five Story ............
0.26 awes....... 0.17 acres
Six Story .............
0.21 acres...... 0.22 acres
Site 8 Gross Site.........
1.64 acres
Parking .............1.34
acres
Net .....................30
acres
Four Story ......................30
acres...... N/A [20]
Site 9 [35] Gross Site......
16.90 acres
Parking .........
10.68 acres
Net ..............
6.22 acres
Two Story .........
3.31 acres...... 2.91 acres
Three Story........
2.21 acres....... 4.01 acres
Form Story .........
1.65 acres....... 4.57 acres
Five Story.........
1.32 acres....... 4.90 acres
Six Story ...........
1.10 acres....... 5.12 acres
F. BuildinQHeight [5, 12, 15, 21, 31]
Maximum building height shall not exceed six (6) stories above ground level except for
Parcel No. 1 of Resubdivision No. 585 which shall have a maximum building height of ten (10)
stories above ground level, for Parcel No. 2 of Resubdivision No. 585 which shall have a maximum
building height of seven (7) stories above ground level, and for Site 5 which shall have a maximum
of nine (9) stories /167 feet above ground level. Maximum building height for Professional &
Business Office Site 2A shall not exceed 95 feet above ground level.
9
20
THIS PAGE IS INTENTIONALLY
BLANK
mt,
27
STATISTICAL ANALYSIS
PART H RETAIL CONID4ERCIAUPERIMITTED USES - Part 11, Section II, Group ME
A. BuildingSites
Site 1 1.4 acres
The following statistics are for information only. Development may include but shall not be limited
to the following.
B. Building Area
Site 1 ...... 10,000 sq. I1. .22 acres
C. Parking (Criteria: 5 /spaces /t000 sg. fl.( 363 sq. R./ space)
Site I .......50 cars .41 acres
D. Landscaped - Open Space
Site 1 .77 acres
E. Buildi�tgHei.ght
Building height of structures shall be limited to a height of lhirly -five (35) Peet.
11
22
STATISTICAL ANALYSIS
PARTH COMMERCIAL /RESTAURANTS
A. Building Sites
Site I...... 2.9 acres
2.9 acres .......................2.9 acres [5, 201
The Following statistics are for information only. Development may include but shall
not be limited to the following.
B. Building Area
Site 1 .... 15,000 square feel ...... 34 acres
15,000 square feet ....... 34 acres [5, 20]
C. Parking , (Criteria: 300 occupants /10,000 sq. ft.
I space /3 occupants
363 sq. ft. /space
Site 1......150 cars .....................1.25 acres
150 cars .................... 1.25 acres [5, 20]
D. Landscaped - Open Space
Site I...1.31 acres
1.31 acres ...................... 1.31 acres [5, 20]
E. Buildiu r He eight
Building height of structures shall be limited to a height of thirty -five (35) feet.
12
29
STATISTICAL ANALYSIS
PART TI COMMERCIAL/HOTEL & MOTEL
A. Building Site [26,31]
Site I - 6.35 acres
Site 2B - 3_7 acres [31]
10.05 acres [31]
B. Hotel Room Limit [18,25,31]
Site l - 349 rooms]
Site2B- 304rooms[31j
The following statistics are for information only. Development may include but
shall not be limited to the following.
C. Building Area (Site I - 349 units ( 400 sq.ft. /unit) Site 2B — 304 units Q
517 net sq. n. /unio.f 18, 25, 311
Site l - 3.2 acres 3.2 acres
Site 2B - 3.6 acres (total enclosed area is 4.5 acres)
D. Parkin., (Criteria: I space /unit R 363 sq. ft. /space)f 18, 26, 311
Site 1 - 349 parking spaces - 2.9 acres
Site 2B - t52 parking spaces - 2.5 acres (total)
E. Landscaping - Open Space [18]
'Use permits approved as of November 14, 1983, allow 468 hotel rooms with related
restaurant, conference area, and other support facilities. Hotel suites included as part of the
hotel room count may be converted to standard hotel rooms consistent with the specified
hotel room limit, so long as the approved site plan is maintained. Location and size of
restaurant, conference area, and other support facilities may also be revised if the plans meet
(he intent of the approved site plan and other conditions of approval. [l, 18]
ZBased on one space /2 guest rooms per Page 20.66 -8, Off - Street Parking and Loading
Requirements, of the City of Newport Beach Planning and Zoning Code. [3 1)
13
MI]
The following is intended to show some of the variations possible.
Site I
One Story Development
- 0.92 acres
Two Stay Development
- 2.95 acres
Tlu-ee Story Development
- 3.67 acres
Four Story Development
- 4.02 acres
Five Story Development
- 4.22 acres
Six Story Development
4.36 acres
Seven Story Development
- 4.46 acres
Bight Story Development
- 4.53 acres
Nine Story Development
- 4.59 acres
Ten Story Development
- 4.64 acres
Eleven Story Development
- 4.67 acres
Twelve Story Development
- 4.71 acres
Thirteen Story Development
- 4.73 acres
The above analysis does not include support facilities utilized in many hotel
operations. These facilities would also require parking not reflected in
the parking requirement criteria.
F. Building Height (311
Building height on Site 2B shall not exceed 60 feet. [31]
14
3-
STATISTICAL ANALYSIS
PART U GENERAL COMMERCIAL PERMITTED USES [8,9]
Part 9, Section 11, Group 11 A & F
A. General Commercial Building Sites [8, 26, 28.3, 3ll
Site I -
3.0 acres
Site 2 -
1.0 acres [9]
Site 3 -
3.9 acres [9]
Site 4 -
2.0 acres [9]
Site 5 -
2.45 acres' [26]
Site 6
5.8 acres [25, 28.3]
Site 7
8.2 acres
ft. -
26.35 acres
B. Building Area [26, 27, 28.31
Site l -
35,000 sq.
ft. -
Site 2' -
11,700 sq.
R. -
Site 3z -
49,380 sq.
ft. -
Site 43 -
20,870 sq.
ft.[19]-
Site 5' -
31,362 sq.
ft. -
Site 6 -
50,000 scl.
ft.
Site 7 -
141,120 sq.
ft.
339,432 sq.
ft..
0.80 acres
0.27 acres [9]
1.13 acres [27]
0.57 acres [9]
0.72 acres [26]
1.14 acres [28.3]
8.20 acres
12.83 acres [26, 27, 28.3]
s A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual
benefit between Hotel Site 1 and General Commercial Site 5,
Restaurants are permitted uses in Sites 1, 2, 3, 5 and 6, subject to a use permit. [9, 23, 26, 27,
28.3]
7 Ibid
s If the development of General Commercial Site 4 is limited solely to Professional and
Business Office use, then the allowable Building Area shall not exceed 30,000 sq. ft. (19)
Restaurants are permitted uses in Sites 1,2,3,5
10 257 surface parking spaces; minimum 100 parking spaces in parking structure
is
32
The following statistics are for information only. Development may include, but shall not be
limited to the lollowing. [8]
D. Parking (Criteria 4 spaces /1,000 sq.fi. @ 363 sq.R. /space [9, 26, 28.3]
Site I -
140 cars
Site 2 -
47 cars
Site 3 -
193 cars
Site 4 -
100 cars
Site 5 -
167 cars
Site 6 -
250 cars
Site 7
357 cars
- 1. 17 acres
- 0.39 acres
- 1.61 acres
- 0.83 acres
- 1.39 acres
- 2.08 acres
- 2.98 acres10
10.45 acres
E. Landscaping - Open Space [9, 26, 28.3]
Site I
- 1.03 acres
Site 2
- 0.34 acres
Site 3
- 1.18 acres
Site 4
- 0.60 acres
Site 5 (1 &2 story)
- 0.24 acres
Site 6
2.58 acres
Site 7
2.14 acres
Sub Total 8.l 1 acres
Site 5 (3 story) 0.49 acres
Sub Total 8.60 acres
Site 5 (4 story) 0.75 acres
Grand Total 9.35 acres
F. Build'uieHeiglit [8, 9, 26, 31, 28.3]
Building height of structures on General Commercial Site 1, 2, 3, 4 and 6 shall be
limited to it height of thirty -five (35 R.) and on General Commercial Site 5 shall be
limited to a height of fifty feet (50 f1.). Height of buildings on Site 7 shall be
limited to 61iy -five (55) feet except that the vertical projection of a building
element intended to provide architectural interest and/or integrate the project
identification sign and not for occupancy may be up to seventy -five (75) feel in
height.
16
33
PART li COMMERCIAL /SERVICE STATION "*
A. Building Site
Site 1 1.2 acres 1.2 acres
PART 1. INDUSTRIAL
Section]. Minimum Site Area
A. Thirty Thousand (30,000) square feet.
.B. Exception: 011
The Planning Commission may authorize an exception to the mininunn site area.
Application for any such exception shall be made at the time of the filing of a tentative
map by the applicant. Li order for an exception to be granted, the Planning Commission
shall find the following facts with respect thereto:
That the granting of the exception will not be detrimental to the public welfare or
injurious to other properly in the vichiity.
2. That the development considerations and intent of this Planned Community
Development Standards are substantially met.
Section 11. Permitted Uses
Group I. Light Lidustrial
A. To allow uses primarily engaged in research activities, provided that such activities are
confined within a building or buildings that do not contribute excess noise, dust, smoke,
vibration, odor, toxic, or noxious matter to the surrounding environment nor contain a
high hazard potential, clue to the matter of the product material or processes involved.
Such activities may include but shall not be limited to research laboratories and
facilities, developmental laboratories and facilities and compatible light manufacturing
related to the following list of examples:
Bio- Chemical
Chemical
Film and Photography
Medical and Dental
Metallurgy
Pharmaceutical
X -Ray
17
3'4
*Reference Page 4, Par[ 1, Item D.
Manufacture, research assembly, testing and repair of components, devices,
equipment and systems and parts and components such as but not limited to the
following list of examples:
Coils, Tubcs, Semi- Conductors
Communication, Navigation Control, Transmission and Reception Equipment,
Control Equipment and Systems, Guidance Equipment and Systems
Data Processing Equipment and Systems
Glass Edging, Beveling, and Silvering
Graphics, Art Equipment
Metering Instruments
Optical Devices, Equipment and Systems
Phonographs, Audio Uruts, Radio Equipment and Television Equipment
Photographic Equipment
Radar, infra -red and Ultra - Violet Equipment and Systems
Scientific and Mechanical h7shlln1emlS
Testing Equipment
B. To allow the location of offices and areas associated with and accessory to the permitted
uses listed under A.
Administrative, professional and business offices.
2. Regional or home offices of industries which are limited to a single use.
3. Blueprinting, Photostatting, photo engraving, printing, publishing and
bookbinding, provided that no on -site commercial services is associated with said
Uses.
4. Cafeteria, cafe, restaurant or auditorium.
5. Service stations will be permitted, subject to a use permit provided that no on -site
conuriercial service is associated with said uses.
& * *6. (Transferred to Par( lI— Conuuercial, Section II, Group 1) [23.2, 35]
C. Service stations subject to a use permit.
In
35
Group Lt. Medium hiduslrial and Industrial Service and Support Facilities.
A. To allow the location of general manufacturing activities, provided that such activities
are confined within a building or buildings and do not contribute excessive noise, dust,
smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor
contain a high hazard potential due to the nature of the products, material or processes
involved.
Manufacture and /or assembly of the following or similar products:
Aircraft and Related Components
Clocks and Watches
Coffns
Ceramic Products
Concrete Products
Electrical Appliances
Farm Equipment
Heating & Ventilating Equipment
Linoleum
Machinery & iklachine Tools
Musical InstrUmentS
Neon Signs
Novelties
Oil Well Valves & Repairs
Optical Goods
Refrigeration
Screw Machine Products
Sheet Metal Products
Shoes
Silk Screens
Sporting Goods
Springs
Stencils
Toys
Trailers
Trucks
2. The manufacture of products or products made ft•om the following or similar
materials:
Aluminum Iron
Bags, except Burlap Bags or Linoleum
Sacks Matches
Batteries Mattresses
Boxes, Paper Paper
19
so
Brass
Steel
Cans
Tin
Copper
Tools
Glass
Wool
Grinding Wheels
Tarn
3. The manufacturing, compounding, processing or treatment of (lie following or
similar items:
Acids, Non - Corrosive
Lubricating Oil
Candles
Pharmaceutical
Cigarettes & Cigars
Products
Detergents
Plastics
Disinfectants
Toiletries
Dye
Vitamin Products
Food Products
Waxes and Polishes
4. Woodworldng Shops, such as: (Provided that, if a Planer, rrouter, sticker or
moulder is maintained, all doors and windows in the outside walls of the room in
which said machinery is located shall be kept closed while said machinery is in
use.)
Box
Furniture
Wood Products
S. Distribution and Warehousing Plants
B. To allow the location of general manufacturing activities, service industry and activities
related to contractor and construction industry, provided that such activities are confined
within a building or buildings and do not contribute excessive noise, dust, smolce,
vibration, odor, toxic or noxious matter to the surrounding environment nor contain it
high hazard potential due to the nature of the products, materials or processes involved.
1. Service industries or those industries providing a service as opposed to the man -
uFacture of a specific product, such as the repair and maintenance of appliances or
component parts, tooling, printers, testing shops, small machine shops, shops
engage(] in the repair, maintenance and servicing of items excluding automobile
repair, providing that such industries are not the point of customer delivery or
collection.
2. Contractor and construction industries relating to building industry, such as
general contractors, electrical contractors, plumbing contractors.
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C. To allow a combination of general industry, business and professional offices, and
industrial support activities, provided that such activities are confined within a building
or buildings, and do not contribute excessive noise, dust, smoke, vibration, odor, toxic
or noxious matter to the surrounding environment nor contain a high hazard potential
clue to the nahire of the products, materials or processes involved.
The industrial support activities shall be defined as and limited to the sale of products or
services relating only to the immediate industrial complex. Any activity, which could
be classified as retail commercial, shall be restricted to activities strictly accessory
and /or supplementary to the industrial community.
t. All uses permitted under A, B, and D.
a. Business and Professional Offices.
b. Industrial Support Facilities, to include activities limited to the sale of
products or services related to only the industrial complex. Activities of a
commercial nature shall be restricted in scope so as to service and to be
accessory and /or supplementary to the industrial complex.
C. Service stations subject to a use permit.
2. Except as herein indicated, the Gencral Development Standards for Industry shall
apply.
a. Sign Area
industry Slrpporl Facilities and Business and Professional Offices.
Only one (1) facia mounted identification sign shall be permitted per street
frontage for each urdividual business or office.
No sign shall exceed an area equal to one and one -half (1 -1/2) square feet
of sign for each one (1) foot of lineal frontage of the building or store.
However, no sign shall exceed two hundred (200) square feet in area per
face.
21
SR
b. Site Identification Ground Sign
One (L) site identification sign listing only the name of the site or major
tenant on the site shall be allowed. Said sigh shall be limited to a
maximum height of four (4) feet and a width of eight (8) feet and may be
double faced.
C. Pedestrian Access
It is required of all developments in the industrial support facility area to
submit a plan of pedestrian access to the Planning Department prior to the
issuance of building permits. Said plan will detail consideration for
pedestrian access to the subject property and to adjacent properties, and
shall be binding on subsequent development of the property. The plan
shall show all interior walkways and all walkways in the public right of
way, if such walkways are proposed of necessary.
D. To allow for the location of a storage facility for new car inventory. Located within
Industrial Site IA between Quail Street on the east, adjacent to Auto Center Sites 2A
and 2B on the south, and Bristol Street on the west This use shall be subject to a use
permit. [3]
G. (Deleled)[2,4]
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Section LLI. General Development Standards for Liduslry
Maximum building areas shall be as noted in the Statistical Analysis, Part LA and
Part I.B.
A. Building Heigh( [22]
Building heights of stuctures shall be limited to a height of thirty -five (35) feet;
provided, however, that on Parcel I and Parcel 2 of Parcel Map 56 -33 -34
(Resubdivision No. 529) in Industrial Site 3A, the Planning Connnission or the City
Council on review or appeal may approve a structure LIP to a maximum height of 50
feel after the approval of a use permit.
The Planning Commission or City Council in granting any use permit for slruclures
in excess of thirty -five (35) feet shall find that each of the following four Points have
been complied with:
(a) The increased building height would result in more public visual open space
and views than is required by the basic height limit. Particular attention
shall be given to the location of the structure on the lot, the percentage of
ground cover, and the treatment of all setback and open areas.
(b) The increased building height world result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area than is required by the basic height Ihmil.
(c) The increased building height would not result in uudesirableor abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
shuctu-e including both horizontal and vertical dimensions.
(d) The structure shall have no more floor area than could have been achieved
without the use permit. [22]
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B. Setbacks
All setbacks shall be measured from the property line. For (he purpose of this
ordinance, a street side property line is (hat line created by the ultimate right -of -way
line of the frontage street.
Front Yard Setback
Thirty (30) feet minimum, except that unsupported roofs or sunscreens may
project six (6) feet into the setback area.
2. Side Yard Setback
Ten (10) feet, except that unsupported roofs and sunscreens may project
three (3) feet into the setback area.
In the case of a corner lot, the street side setback shall be thirty (30) feet,
except that unsupported roofs and sunscreens may project six (6) feet into
the setback area. interior lot lines for a corner lot shall be considered side lot
lines.
3. Rear Yard Setback
No rear yard setback is required except on a through -lot in which case the
required front yard setback shall be observed.
C. Si cc Coverage
D. Bids
Maximum building coverage of fifty (50) percent is allowed. Parking
stRUCtmres shall not be calculated as building area, however, said structures
shall be used only for the parking of company vehicles, employee's vehicles,
or vehicles belonging to persons visiting the subject firm.
Sign Area
Only one (1) single faced or double -Faced signs shall be permitted per street
frontage. No sign or combination of signs shall exceed one (1) square foot
in area for each six- hundred (600) square feet of total site area. However, no
sign shall exceed two hundred (200) square feet in area per face. An
additional twenty (20) square feet shall be allowed for each additional
business conducted on the site.
O
4-
2. Sale or Lease Sign
A sign, advertising the sale, lease, or lure of the site sliall be permitted in
addition to the other signs listed in this section. Said sign shall not exceed a
maxini un area of thirty -two (32) square feel.
3, Ground Sign
All ground signs shall not exceed four (4) feet above grade in vertical
height. Also, ground signs in excess of one - hundred fifty (150) square feet
in area (single face) shall not be erected in [lie first twenty (20) feet, as
measured fi-om the property line, of any street side setback area. However,
the above standards shall not apply to the Conununity Directional Sign and
Special Purpose Sign.
4. Special Purpose Sim
Signs used to give directions to traffic or pedestrians or give instructions as
to special conditions shall not exceed a total of six (6) square feet (single
face) in area and shall be permitted in addition to the other signs listed in this
section.
5. Wall Signs
Wall signs shall not comprise more than ten (10) percent of the area of the
elevation upon which the sign is located. Said signs shall be fixture signs;
signs painted directly on the surface of the wall shall not be permitted.
In the instance of a multiple tenancy building, each individual industry may
have a wall sign over (lie entrance to identify the industry. Said sign shall
give only the name of the company and shall be limited to four (4) inch high
letters. Said sign must be oriented toward the parking area for that building.
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6. Construction Sian
One (1) construction sign denoting the architects, engineers, contractor, and
other related subjects, shall be permitted upon the commencement of
construction. Said sign shall conform with the requirements of Item 3
above, Ground Sign, and will be permitted until such time as a final
inspection of the building(s) designates said sh•ucture(s) fit for occupancy, or
the tenant is occupying said building(s), whichever occurs first.
7. Future Tenant Identification Sian
A sign listing the name of the fixture tenant, responsible agent or realtor, and
identification of the industrial complex shall be permitted. Said sign shall
conform with the requirements of Item 3 above, Ground Sign, and will be
permitted until such time as a final inspection of the building(s) designates
said structure(s) fit for occupancy or tenant is occupying said building(s),
whichever occurs first.
S. Community Directional and /or Identification Sipe
Permanent directional and identification signs, not exceeding two- hundred
fifty (250) square feet (single face), shall be permitted but subject to use
permit.
E. Sign Standards
Signs visible from the exterior of any building may be lighted, but no signs
or any other contrivance shall be devised or constructed so as to rotate,
gyrate, blink or move in any animated fashion.
2. Signs shall be restricted to advertising only the person, firm, company or
corporalion operating the use conducted on the site or the products or sold
thereon.
3. A wall sign with the individual letters applied directly shall be measured by
a rectangle around the outside of the lettering and /or the pictorial synnhol and
calculating the area enclosed by such lute.
4. All signs attached to the building shall be flush mounted.
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4S
F. 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 tale use served, or on a
contiguous site or within three hundred (300) feet of the subject site. Where parking
is provided on other than the site concerned, a recorded document shall be approved
by the City Attorney and filed with the Building and Planning Departments and
signed by the owners of the alternate site stipulating to the permanent reservation of
use of the site for said parking.
The following guide shall be used to determine parking requirements:
Office
One (1) space for each 225 square feet of net floor area. The parking requirement
may be lowered to one (1) space for each 250 square feet of net floor area upon
review and approval of the modification committee.
Manufacture, Research and Assembly
Two (2) parking spaces for each three (3) employees, but hi no event less than three
(3) spaces for each one thousand (1000) square feet of gross floor area.
Warehouse
Two (2) parking spaces for each three (3) employees, but in no event less than one
(1) space for each one thousand (1000) square feet of gross floor area for the first
twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000)
square feet of gross floor area for the second twenty thousand (20,000) square feet;
one (1) space for each four thousand (4,000) square feet of gross floor area for areas
in excess of the initial forty thousand (40,000) square feet of Floor area of the
building.
If there is more than one shifl, the number of employees on the largest shift' shall be
used in determining parking requirements.
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G. Landscaping
Detailed landscaping and irrigation plans, prepared by a landscaping architect,
licensed contractor of architect shall be submitted to and approved by the Planning
Director prior to issuing of building permit and installed prior to issue of Certificate
of Use and Occupancy.
All landscaping referred to in this section shall be maintained in a neat and orderly
Fashion.
Front Yard Setback Area
a. General Statement
Landscaping in these areas shall consist of an effective combination
of street trees, trees, ground cover and shrubbery. All unpaved areas
not utilized for parking shall be landscaped in a similar manner.
b. Special Landscaped Street
The entire area between the curb and the building setback line shall
be landscaped, except for any access driveway in said area.
C. Other Streets
The entire area between (lie curb and a point ten (10) feet in back of
the front property line shall be landscaped, except for any access
driveway in said area.
2. Side and Rear Yard Setback Area
I
. General Statement
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and /or shrub and tree materials.
b. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition but need not be landscaped.
C. Screening
Areas used for parking shall be landscaped and /or fenced in such a
manner as to interrupt or screen said areas from view from access
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415
streets, freeways, and adjacent properties. :Plant materials used for
this purpose shall consist of lineal or grouped masses of shrubs
and /or trees.
3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be
provided in the parking area.
4. Sloped Bank
All sloped banks greater than 5 -1 or 6 feet in vertical height and adjacent to
public right -of -way shall be stabilized, planted and irrigated in accordance
with plans submitted and approved by Planning Director.
H. Loading Areas
On other than special landscaped streets street side loading shall be allowed
provided the loading clock is set back a mininmm of seventy (70) feet from
the street right -ofway line or one hundred ten (110) from the street
centerline, whichever is greater. Said loading area must be screenedl from
view from adjacent streets.
L Storage Areas
All outdoor storage shall be visually screened from access streets, freeways,
and adjacent properly. Said screening shall form a complete opaque screen
Lip to a point eight (8) feet in vertical height but need not be opaque above
that point.
2. Outdoor storage shall be meant to include all company owned and operated
motor vehicles, with the exception of passenger vehicles.
3. No storage shall be permitted between a frontage street and the building line.
J. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access
streets, freeways, and adjacent property by a complete opaque screen.
No refuse collection areas shall be permitted between a frontage street and
the building line.
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K. Telephone and Electrical Service
All "on- site" electrical lines (excluding lines in excess of 12 KV) and telephone
lines shall he placed underground. Transformers or terminal equipment shall be
visually screened L-om view from streets and adjacent properties.
L. Sidewalks
The requirement for sidewalks in the Planned Community District may be waived
by the Planning Director if it is demonstrated that such facilities are not needed.
however, the City retains the right to require installations of sidewalks if, in the
future, a need is established by the City.
M. Nuisances
No portion of the property shall be used is such a manner as to create a nuisance to
adjacent sites, such as but not limited to vibration, sound, electro - mechanical
disturbance and radiation, electro- magnetic disturbance, radiation, air or water
pollution, dust, emission of odorous, toxic or noxious matter.
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PART U. CONEWERCIAL
Section I. Minimum Site Area
A. Thirty Thousand (30,000) square feet
B. Exception: f 111
The Planning Commission may authorize an exception to the minimum site area.
Application for any such exception shall be made at the lime of the filing of a
tentative map by the applicant. M order for an exception to be granted, the Planning
Commission shall find the following facts with respect thereto:
1. That the granting of the exception will not be detrimental to the public
welfare or injurious to other properly in the viciiuty.
2. That the development considerations and intent of this Planned Community
Development Standards are substantially met.
Section 11. Permitted Uses
Group 1. Professional and Business Offices.
To allow the location of commercial activities engaged in the sale of products or
services relating to and supporting the Development Plan, provided that such
activities are confined within a building or buildings.
A. Professional Offices
I. Accountants
2. Attorneys
3. Doctors, dentists, optometrists, oculists, chiropractors and others licensed by
the State of California to practice the healing arts.
4. Engineers, architects, surveyors and planners.
5. Any other general professional offices. [30]
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B. Business Offices
I .
Advertising agencies
2.
Banks
3.
Economic consultants
4.
Employment agencies
5.
Escrow offices
G.
Insurance agencies
7.
Laboratories:
a. Dental
b. Medical
c. \ -Ray
d. Biochemical
e. Film, wholesale only
f Optometrical
8.
Stock Brokers
9.
Studios for interior decorators, photographers, artists and draftsmen.
10.
Telephone answering services
11.
Tourist information and travel agencies and ticket reservation services but
not to include any airline terminal services or facilities for the transport of
passengers, baggage or freight. [2]
12.
Business and trade schools subject to the approval of a Director's Use Permit
[29]
13.
Any other general business offices. [3 1]
* & ** 14.
Remedial driving instruction and counseling facility, subject to a use permit
in each case. [28.2, 35]
*This use shall be limited to Professional and Business Offices Site 9 only. [28.2, 35]
"That all uses, including remedial driving instructiau/counselnig facilities, located within
Professional and Business Offices Site 9 shall be limited to providing services to adult
clientele only, any use dedicated to serving school aged and minor children shall be
prohibited. [28.2,35]
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C. Support Commercial [21 ]
Retail sales and services, so long as said retail sales are of a convenience
nature ancillary to the operation and use of office facilities including tobacco
stores, card sliops, confectionery and newspaper stands, and other uses
which, in the opinion of the Planning Commission are of a similar nature.
Retail uses shall be located in (lie basement or on the first floor of a
building. Storage for such uses shall be within a building.
2. Service uses which are for building tenants and patrons, such as a car wash
and gymnasium /health club facilities. Car washes shall drain into the
sanitary sewer system.
3. Restaurants - outdoor restaurants and take -out restaurants - subject to
securing a use permit in each case.
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Group D. Commercial Uses
A. Automobile Center, subject to a use permit. [28]
1. Automobile dealership selling only new cars. The sale of used cars,
automobile repair, and automobile detailing may be permitted in conjunction
with the sales of new vehicles but only accessory uses.
2. Service stations subject to the issuance of the use permit and a finding that the
use is supportive of the principal uses permitted in the Newport Place Planned
Community text.
3. Vehicle storage facility shall be permitted in Hotel Site 2 -13 subject to the
issuance 01'8 use pL'rmit. DO
B. Hotels and Motels, subject to a use permit.
C. Stale, County and Municipal Facilities [2]
D. Service Stations & Mechanical Car Wash within Service Station Site 91, subject to
a use permit. [4]
E. Retail Conuuercial uses such as:
Restaurants, including outdoor, drive -in or take -out restaurants shall be
permitted subject to the securing of a use permit. except as noted under W.
and "b" below: [7]
a. Restaurants, other than outdoor, chive -in or take -out restaurants,
shall be permitted in Retail - Commercial Site 1 without a use permit
provided that the net floor area of all restaurant uses does not exceed
20% of the net floor area of the retail- conunercial center.
b. Outdoor, drive -in or take -out restaurants shall be designed and
located so as to be an integral element of the retail - commercial
center and shall not be permitted as a free- standing independent use
in any case.
2. Barber shop and beauty parlor
3. Book and stationery store
4. Blueprinting and pliotostatics
5. Camera shop
6. Delicatessen store
7. Florist
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S. Shoe store or repair shop
9. Tailor
10. Tobacco store
11. Office equipment retail and repair
12. Pharmacies
13. Tourist information and travel agencies and ticket reservation services, but
not to include any airline terminal services or facilities for the transport of
passengers, baggage or freight
14. Instructional dance facility for adults and related retail sales, subject to a
use permit (28.1)
15. Other uses similar to the above list
F. General Commercial (8, 9, 23, 26, 28.3)
1. New car dealership, subject to a use permit, including ancillary uses listed
under Part II, Section II, Group U, A.
2. Service stations subject to a use permit.
3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be
subject to a use permit. Restaurant uses are permitted within General
Commercial Sites 1, 2, 3, 5 and 6 not permitted within Gencral Commercial
Site 4.
4. Hobby, Arts and Crafts, including:
a. Sporting goods store
b. Camera store
C. Art gallery
d. Craft store
C. Pet store
f Bicycle store
g. Other uses of similar nature
5. Book and Office Support Stores, including:
a. Book store
b. Office supplies
C. Other uses of similar nature
6. Retail stores and professional service establishments, urcluding:
a. Pharmacies
b. Specialty food
C. Fabric shops
d. Jewelry shops
C. Furrier
f Formal Wear
g. Barber and hair styling
h. Clothing store
i. Liquor store
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j. Tourist information and travel agencies and ticket reservation
services, but not to include any airline terminal services or facilities
for the transport of passengers, baggage or fi-eight.
k. Other uses of similar nature
7. Home and Office Furnishings, including:
a. Home fiirniture store
b. Office furniture store
C. Interior decorators
d. Home appliances
C. Antique store
f Other uses of similar nature
S. Athletic Clubs, including:
a. Spa
b. Health club
C. Recreation facility
d. Other uses of similar nature
9. Home improvement stores, including:
a. Hardware store
b. Paint store
C. wallcovering store
d. Other uses of similar nature
10. Retail nursery subject to a use permit
H. Insti tilt ional, instructional and educational uses, subject to a use permit in
each case. (25.3)
12. Professional and Business Offices - see Part II, Section R, Group I for
permitted uses.
"Office uses are permitted within General Commercial Sites 3, 4, 5 and 6 and not
permitted within General Commercial Sites I and 2. (9, 26, 23.3, 31)
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Section III. General Development Standards for Commerce
Maximum building areas and building heights shall be noted in the Statistical
Analysis, Part II.A and Part II.B.
A. Setbacks
All setbacks shall be measured from the properly line. For the purpose of this
ordinance, a street side properly line is that line created by the ultimate right -of -way
line oflhe frontage street.
Front Yard Setback
Thirty (30) feel minimum; except that unsupported roofs or sunscreens may
project six (6) feet into the setback area.
FlotelMotel uses: Seventeen (17) feet and six (6) inches minimum,
provided that the average setback for all buildings along the linear street
frontage is thirty (30) feet. [31]
2. Side Yard
Side yard setbacks will be required only when any one of the following
conditions exist:
a. Corner lot: Thirty (30) feet (street side setback only), except that
unsupported roofs and sunscreens may project three (3) feet into
setback area.
F1btCUMolel uses: Fourteen (14) feet and six (6) inches miminunn,
provided that the average setback for all buildings along the linear
street frontage is twenty -seven (27) feet. [31 ]
b. Where property abuts other than commercially zoned property, a ten
(10) foot setback is required. Unsupported roofs and sunscreens may
project three (3) feet into the setback area.
Hotel /Motel uses: Tell (10) feet muumuu setback for all buildings
along the property line. [31 ]
3. Rear Yard
None required except on a through-lot in which case the required fi•ont yard
setback shall be observed.
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B. Signs
Sign Area: General Standard
Building identification shall be limited to a single (1) entity. Building
identification signs shall have an area not to exceed 1 1/2 square feel of
surface for each one (1) foot of lineal fi-ontage of building. However, no
sign shall exceed two hundred (200) square feet per face. Building identi-
fication signs shall be limited to two (2) facades.
2. Pole Sign:
One (1) identification pole sign site will be allowed for the following
commercial businesses:
a. Restaurant
b. Cocktai I lounge and/or bar
C. Motel and hotel
If a pole sign is utilized, it shall be in lieu of other identifications signs
allowed by ordinance. Pole signs shall he limited to maximum height of
twenty (20) feet and a maximum area of fifty (50) square feet per face,
double faced.
3. Wall Sign:
hi no event shall an identification sign placed on a wall comprise more than
ten (10) percent of the area of the elevation upon which the sign is located.
Saicl signs shall be fixtru-e signs. Signs painted directly on the surface of the
wall shall not be permitted.
im
515
4. Ground Sign:
An identification ground sign shall not exceed four (a) feet above grade in
vertical height. Also, ground signs in excess on one - hundred and fifty (150)
square feet in area (single face) shall not be erected in the first twenty (20)
feet, as measured from the property line, of any street side setback.
However, the above standards shall not apply to the Community Directional
Sign and Special Purpose Sign.
5. Multi- Tenant Directory Sign:
One (1) directory sign listing only the name of the firms or businesses on a
site shall be allowed. Said sign shall be limited to a maximum height of
twenty (20) feet. Panels identifying each individual story shall be no longer
than one (1) foot in width and five (5) feet in length.
6. Special Propose Sim):
Subject to the standards established in Part I, Section III, Item DA.
7. Construction Sign:
Subject to the standards established in Part I, Section W, Item D.6.
S. Future Tenant Identification:
Subject to the standards established in Part I, Section III, Item D.7.
9. Community Direction and /or Identification Sign:
Subject to the standards established in Part I, Section III, Item C.S.
C. Sign Standards
Except as noted above, the same sign standards as outlined in Sub - Section D,
Section LI, Part I of this ordinance, shall prevail for developments in tlus area.
D. Parkin
Medical and Dental
Five (5) spaces for each doctor or one (I) space for each 200 square feel of
gross floor area whichever is greater.
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2. Professional Offices
One (1) space for each 225 square feet of net floor area. The parking
requirement may be lowered to one (1) space for each 250 square feet of net
floor area upon review and approval of (lie modification committee.
Exceptions: [35]
The following parking requirements are applicable to Professional and
Business Office Site No. 9.
0 One (1) space for each 281 square feet of net floor area.
o Changes to the on -site parking plans shall be reviewed by the Planning
Director.
3. Lode, Halls, Private Clubs, Union Headquarters
One (1) space for each 75 square feet of gross floor area plus one (l) space
for each 250 square feet of gross office floor area.
4. Restaurants, Outdoor, Drive-In and Take -Out Restaurants. [7]
Restaurant parking shall be in accordance with Section 20.38.030(d) of the
Newport Beach Municipal Code, except as noted under "b" and "c" below.
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b. Restaurants other than outdoor, drive -in or take -out restaurants
within Retail - Conunercial Sites I and 2 shall provide one (1) space
for each 200 square .feet of net floor area and one (1) loading space
for each 10,000 square feel of gross floor area, to the extent that the
net floor area of all restaurants does not exceed 20% of the net floor
area of the retail - commercial center. In the event that any restaurant
causes the total of all restaurant uses in the retail - connnercial center
to exceed 20% limitation noted above, that entire restaurant and any
subsequent restaurants shall provide parking as noted under "a"
above.
C. Parking for outdoor, drive -in and take -out restaurants shall be
provided in accordance with Section 20.53.060 of the Newport
Beach Municipal Code.
5. Retail Commercial
One (1) space for each 200 square feet of net floor area. One (1) loading
space for each 10,000 square feet of gross floor area.
6. Hotels and Motels [6]
Parking for Hotel and Motel guestrooms; all related restaurants, cocktail
lounges, banquet and meeting rooms, retail shops; and all employees shall
be based on a demonstrated formula to be reviewed and approved by the
Planning Commission.
The parking formula shall contain the minimum parking which would be
required for each of the separate uses evaluated independently. Any
reductions fi-om this minimum parking requirement must be based on the
joint usage of the facilities by hotel and motel patrons. [10]
7. General Commercial [3, 9]
a. One (1) space for each 250 sq.A. of net floor area. One (1) loading
space for each 10,000 sq.ft. of gross floor area.
b. If the development of General Commercial Site 3 or 4 is limited
solely to Professional and Business Office use, the parking shall be:
One (1) space for each 225 sq.fl. of net floor area. The parking
requirements may be lowered to one (1) space for each 250 sq.fl. of
net floor area upon review and approval of the modifications
committee.
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G. Specific parking requiremeuts shall be developed for uses such as
furniture stores, athletic clubs; theaters, bowling alleys, home
improvement stores, retail nurseries or lire stores based upon
functions and occupancies within these uses. Parking shall be in
conformance to existing City of Newport Beach requirements for
said occupancies, or at a demonstrated formula agreeable to the
Director of Community Development. In the event that any use
described above is converted to another use parking requirements for
the new use shall be subject to review by the Director of Community
Development.
d. For restaurant parking see Part II, Section III, DA.
E. Landscaping
Detailed landscaping and irrigation plans, prepared by a landscaping architect,
licensed landscaping contractor or architect shall be submitted to and approved by
the Planning Director prior to issuing of Building Permits and installed prior to issue
of Certificate of Use and Occupancy.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Front Yard Setback Area
a. General Statement
Landscaping in these areas shall consist of an effective combination
of street trees, trees, ground cover and shrubbery.
b. Special Landscaped Street
The entire area between the curb and the building setback line shall
be landscaped, except for any driveway in said area.
C. Other Streets
The entire area between the curb and a point ten (10) feet in back of
the fi-ont property line shall be landscaped except for any driveway in
said area.
2. Side Yard and Rear Yard
a. General Slatement
5ia
159
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and /or shrub and tree materials.
b. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition, but need not be landscaped.
C. Screening
Areas used for parking shall be screened from view or have the view
interrupted by landscaping and /or fencing from access streets,
fi'eeways, and adjacent properties. Plant materials used fol'screening
purposes shall consist of lineal or grouped masses of shrubs and /or
trees.
d. Boundary Areas
Boundary landscaping is required on all interior property lines. Said
areas shall be placed along the entire length of these property lines or
be of sufficient length to accommodate the number of required trees.
Trees, equal in number to one (1) tree per twenty -five (25) Iuieal feet
of each property line, shall be planted in the above defined areas in
addition to required ground cover and shrub material.
e. All landscaped areas shall be separated fian adjacent vehicular areas
by a wall or curb, at least (6) inches higher that the adjacent
vehicular area.
43
00
3. Parking Area
Trees, equal in number to one (1) per each five (5) parking stalls shall be
provided ill the surface parking area (31).
F. Loading Areas
Street side loading on other than special landscaped streets, shall be allowed
providing the loading dock is set back a minimum of seventy (70) feet from
the street right-of-way line, or one hundred ten (110) feet firoui the street
center line, whichever is greater. Said loading area must be screened from
view from adjacent streets.
G. Storage Area
All outdoor storage shall be visually screened from access streets, freeways
and adjacent property. Said screening shall form a complete opaque screen
up to a point eight (8) feet in vertical height but need not be opaque above
that point.
2. OnlEl00r storage shall be meant to include all company owned and operated
motor vehicles, with the exception of passenger vehicles.
3. No storage shall be permitted between a fi-onlage street and the building line.
H. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access
streets, freeways and adjacent property. Said screening shall form a
complete opaque screen.
2. No refuse collection area shall be permitted between a frontage sheet and
the building line.
1. Telephone and Electrical Service
All "on- site" electrical lines (excluding lines in excess of 12KV) and telephone lines
shall be placed underground. Transformer or terminal equipment shall be visually
screened from view firom streets and adjacent properties.
CCI
J. Pedestrian Access
It is required of all developments in the commercial areas to submit a plan of
pedestrian access to the Plaiming Department prior to the issuance of building
permits. Said plans will detail consideration for pedestrian access to the subject
property and to adjacent properties, and shall be binding on subsequent development
of the properly. The plan shall show all interior walkways and all walkways in the
public right -of -way, if such walkways are proposed or necessary.
45
02
FOOTNOTES
[l] Planned Community Text Amendment No. 1, dated December 13, 1971, incorporating a
revised land use plan.
[2] Planned Community Text Amendment No. 2, dated June l2, 1972, incorporating the followumg
changes:
a. Relocation of Fire Station site.
b. Limitation of tourist information, travel agencies and ticket reservations within Retail
Commercial sites.
C. Addition of specific restaurant density within Retail Commercial sites.
[3] Planned Community Tex( Amendment No. 3, dated October 24, 1972, permitting Auto Centers
as an additional use within Industrial Site 2B.
[4] Planned Community Text Amendment No. 4, dated January 8, 1973, incorporating the
following changes:
It. Provision for a Mechanical Car Wash within Service Station Site No. 1.
b. Eliminate provision for a Fire Station within hidustrial Site 3A.
[5] Planned Community Text Amendment No. 5, dated July 23, 1973, incorporating the following
changes:
a. Rearrangement of Office Site 3 and Restaurant Site 2 and reapportionment of land
allotted to each.
b. Reduce allowable building area in Office Sites 1 and 2 and increase allowable building
area in Office Site 3A.
C. Increase allowable building height in Office Site 3A to 8 stories.
[6] Planned Community Text Amendment No. 6, dated June 10, 1974, establishing parking
requirements for Hotels and Motels based on a demonstrated formula.
[7] Planned Community Text A icmdnment No. 7, dated September 8, 1975, revising off - street
parking requirements for restaurants to conform with existing City Standards.
[8] Planned Conummmuty Text Amendment No. 8, dated February 9, 1976, permitting General
Commercial uses on Auto Center Site I a and 2b.
FOOTNOTES (Cont.)
46
os
[9] Planned Community Text Amendment No. 9, dated April 11, 1977, incorporating the
following changes:
a. Expand the permitted uses for General Commercial.
b. Re- clesignate General Commercial Site I -A and 2 -B to General Commercial Sites I,
2 and 3.
C. Expand General Commercial Site 3 to include one half of Industrial Site I A.
d. Convert h1CIUSh'la1 Site 2A to General Commercial Site 4.
e. Restrict the allowable building area and the permitted uses for General Commercial
Sites 1, 2, 3 and 4.
[10] Planned Community Text Amendment No. 10, dated May 23, 1977, incorporating the
following change:
a. Delete the provision added by Resolution No. 8261 aclopled by the City Council on
June 10, 1974 from Section 111, D, 6.
f I I] Plaimed Community Text Amendment No. 11, dated April 10, 1978, incorporating the
following change:
a. Establish guidelines for an exception to the minimum site area.
[12] Planned Conuuunity Text Amendment No. 12, dated July 11, 1978, incorporating the
following change:
a. Revised the allowable building height for Parcel No. I of Resubdivision No. 585.
[13] Planned Conunuuity Text Amendment No. 13, dated November 27, 1978, uico poraling the
following change:
a. Requirement that a Phasing Plan be approved by the Plaiwing Commission for
seventy (70) percent of the undeveloped allowable building area existing as of
October 1, 1978.
47
04
FOOTNOTES (Cont.)
[14] Plaimed Community Text Amendment No. 14, dated Jane 11, 1979, incorporating the
following changes:
Reduce the allowable building area of hldmstrial Site 3A.
b. Reduce the allowable building area of Commercial/Professional and Business
Office Site I and 2.
[15] Planned Community Text Amendment No. 15, dated March 23, 1981, incorporating the
following changes:
a. Specification of a maximum building height of seven (7) stories on Parcel No. 2 of
Resubdivision No. 585.
[16] Planned Community Text Amendment No. 16, dated March 8, 1984 incorporating the
Following change:
a. hicrease of 16,154 square feet of office space is Professional and Business Offices
Site 5.
[17] Planned Community Text Amendment No. 17, dated April 23, 1984, incorporating the
following change:
a. Increase of 1,091 square feet of office space in Professional and Business Offices
Sites 1 and 2.
[18] Planned Community Text Amendment No. 18, dated June 25, 1984, incorporating the
following changes:
It. Establish a specific limit oil hotel rooms in Hotel Sites IA and 1B.
[19] Planned Community Text Amendment No. 19, dated July 23, 1984, incorporating the
following changes:
a. Transfer of 4,130 square feet of allowable building area from General Commercial
Site 4 to Professional and Business Offices Site 5.
M
05
FOOTNOTES (Cont.)
[20] Planned Community Test Amendment No. 20, dated January 12, 1987, incorporating the
following changes:
a. Add Professional and Business Offices Site 8, with 54,000 square feet allowed.
b. Delete Restaurant Site 2A, with 8,400 square feet deleted.
[21] Planned Community Text Amendment No. 21, dated March 9, 1987, incorporating the
following change:
a. Increase allowed development in Professional and Business Offices Site 5 to
241,570 square feet; allow additional support retail uses up to 294,600 square feet
total; add support commercial as permitted land use. (2 1)
[22] Planned Community Test Amendment No. 22, dated February 4, 1988, incorporating the
following change:
a. Allow structures located within a portion of Industrial Site 3A to be constructed in
excess of the 35 -foot height limit up to a maximum of 50 feet, subject to the
approval of a use permit.
[231 Planned Conmmumity Text Amendment No. 23, dated July 6, 1989 incorporating the
following change:
I
. Allow restaurant uses on General Commercial Site I, subject to the approval of a
use permit in each case.
[24] Planned Community Text Amendment No. 24, dated Jane 6, 1991, incorporating the
following change:
a. Increase the allowable office development in Professional Business Offices, Site
No. 5 to 257,287 square feet, and reduce the allowable retail development to 37,315
square feet.
[25] Planned Community Text Amendment No. 25, approved by the City Council on March 9,
1992, incorporating the following change:
a. Increase the allowable office development in Professional Business Offices, Site
No. 5 to 268,743 square feet, and reduce the allowable retail development to 25,857
square feel.
49
00
FOOTNOTES (Cont.)
[26] Planned Community Text Amendment No. 26, approved by the City Council on June 8,
1992, incorporating the following changes:
a. Redesignate the Sheraton Hotel Site fi-om Hotel Site IA and IB to Hotel Site I and
General Commercial Site 5.
b. Reduce the hotel room entitlement on Hotel Site I by 119 rooms and establish a
development entitlement of 31,362 square feet for General Commercial Site 5.
C. Establish a height limit of 50 feet within General Commercial Site 5.
d. The Requirement for a reciprocal easement to provide ingress, egress, and parking
for mutual benefit between Hotel Site 1 and General Commercial Site 5.
[27] Planned Community Text Amendment No. 27, approved by the City Council on September
13, 1993, incorporating the following changes:
a. hicrease the allowable commercial development in General Commercial Site 3 from
48,300 square feet to 49,380 square feet.
b. Delete the provision which counts one square foot of floor area devoted to
restaurants as two square feet of permitted commercial floor area in General
Commercial Sites 2, 3, and 5.
C. Delete the provision which restricts the maximum amount of gross floor area
devoted to restaurants to 8,000 square feet each in General Commercial Sites 3 and
5.
[28] Planned Community Text Amendment No. 28, approved by the City Council on
January 22, 1996, incorporating the following changes.
a. Restricting automobile repair and detailing as an accessory use only in conjunction
with sales of new vehicles.
C. Eliminate other permitted uses.
[28.1] Planned Community Text Amendment No. 28.1, approved by the City Council on
September 9, 1996.
a. To add 'Instructional Dance Facility for Adults and Related Retail Uses' to the list of
'Retail Commercial' uses for Newport Place.
I.Y.
07
(Cont.)
[28.2] Planned Community Text Amendment No. 28.2, approved by the City Council on March
24, 1997, incorporating the following changes:
a. Change the list of permitted uses of "Industrial Site No. 4" to allow establisluncnt of
remedial driving instruction and counseling facility.
[28.3] Planned Community Text Amendment No. 28.3, approved by the City Council on August
11, 1997, incorporating the following changes:
a. Redesignate "Retail Commercial Site l" (MacArthur Square) to "General
Commercial Site No. 6."
b. Redesignate "Retail Commercial Site 2" to "Retail Commercial Site I"
[29] Planned Community Text Amendment No. 29, approved by the City Council on July 27,
1998, incorporating the following change:
a. Permit Business and Trade Schools within Profession and Business Office Site 3A,
subject to the approval of a Planwing Director's Use Permit.
[30] Planned Community Text Amendment No. 30, approved by the City Council on January 11,
1999, incorporated the following changes:
a. Establish the permitted Gross Floor area for Professional and Business Offices Sites
I and 2 at 860,884 square feet.
[31] Plaimed Community Text Amendment No. 31, approved by the City Council on February 8,
1999, incorporating the following changes:
I
. Redesignating Auto Center Site 2A to ConunerciaVProfessional & Business
Offices Site 2A.
b. Redesignating hidustrial Site 213 to Conuuercial/Hotel & Motel Site 2B.
C. Expand the permitted uses for Professional & Business Offices to include general
professional and general business offices.
d. Establish a height limit of 95 feet within Professional & Business Office Site 2A.
C. Establish a height limit of 60 feet within Hotel & Motel Site 2B.
f. Establish a front yard setback for Hotel/iMotel "uses a 17 %: foot minimum, provided
that the average setback for all buildings along the linear street frontage is 30 feel.
51
02
g. Establish a side yard, corner lot setback for Hotel/Motel uses of a 14 1/2 foot
minimum, provided that the average setback for all buildings along the linear street
frontage is 27 feel.
h. Establish a side yard setback for Hotel /Motel uses of a ten (10) foot minimum.
Provide that landscaping in parking areas be provided in surface parking areas.
[32] Planned Community Text Amendment No. 32, approved by the City Council on April 12,
1999, incorporated the following changes:
a. Establish the permitted gross floor area for Professional and Business Offices Site 4
at 228,214 square feet.
[33] Planned Community Text Amendment No. 33, introduced at the City Council meeting on
March 26, 2002 and adopted on the 9th of April 2002:
a. Update The Industrial Statistical Analysis by allowing a 1,590 square foot
building addition at the subject property identified as 1811 Quail Street.
[34] Planned Community Text Amendment No. 34,adopted on the Will of June 2005:
a. Revising the Land Use Plan, permitted uses, and development standards of the
Newport Place Planned Community as they relate to the Newport Lextls
Dealership.
[35] Planned Community Text Amendment No. 35, adopted on September 14, 2010:
H. Re- designate Industrial Site 4 to Professional and Business Offices Site 9.
b. Change the parking requirement for office uses withii Professional and Business
Offices Site No. 9 to one space per 281 square feet, which allows all of the buildings
to be occupied with office uses.
C. Add a provision that requires Planning Director review of the parking configuration
in Professional and Business Offices Site No. 9.
d. Revising the Land Use Plan, permitted uses and development standards of the
Newport Place Planned Community as they relate to (lie Newport Commerce 16.9
acre site bounded by Birch Street, Dove Street, Westerly Place and Quail Street.
52
09
FOOTNOTES (Cont.)
Lao Planned Community Text Amendment NO. 3G, adopted on Seplember. 2011:
a. Add vehicle storage lbeiht y as a permitted use on Hotel Site 2 -13 subject to the
issuance of a use permit and a finding that the use is supportive of the pHncipal
uses pernulted in the Mmort Place Planned Conununhy text.
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Area Summary
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City Council
Attachment No. CC 2
Draft City Council Resolution for Approval
with Findings and Conditions
RS
24
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. UP2011 -024
AND MODIFICATION PERMIT NO. MD2011 -012 FOR A VEHICLE
STORAGE FACILITY LOCATED AT 1301 QUAIL STREET
(PA2011 -076)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fletcher Jones Motorcars, with respect to property located at
1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as
recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting
approval of a planned development amendment, use permit, and modification permit.
2. The applicant requests approval of a planned development amendment to the Newport
Place Planned Community to allow vehicle storage as a conditionally permitted use,
conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport
Place Planned Community), and a modification permit to allow minor deviations to the
landscape development standards. The site does not comply with the landscape
development standards, which require one tree to be planted for every five parking
spaces within all parking areas and one tree for every 25 linear feet along interior
property lines. The site is currently utilized for outdoor storage of vehicle inventory
associated with Fletcher Jones Motorcars, which was previously approved for a limited
duration.
3. The subject property is located within the Hotel Site 2 -B Sub -Area of the PC -11 (Newport
Place Planned Community) Zoning District and the General Plan Land Use Element
category is MU -H2 (Mixed -Use Horizontal).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
6. At the August 18, 2011 hearing, the Planning Commission received public comments
and voted (7 ayes and 0 noes) to recommend approval of the Planned Development
Amendment, Conditional Use Permit, and Modification Permit.
7. A public hearing was held on September 27, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral,
was presented to, and considered by, the City Council at this meeting. The item was
continued to the October 11, 2011 City Council Meeting.
25
City Council Resolution No. _
Paae 2 o(12
8. A public hearing was held on October 11, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt under the requirements
of the California Environmental Quality Act under Class 1 (Existing Facilities).
2. The Class 1 exemption includes the operation, repair, maintenance, permitting,
leasing, licensing, or minor alteration of existing public or private structures, facilities,
mechanical equipment, or topographical features, involving negligible or no expansion
of use. The proposed project involves the entitlement of an existing vehicle storage
facility. No expansion of the existing use is proposed. Therefore, the use qualifies for a
categorical exemption under Class 1.
3. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees, and damages which may be
awarded to a successful challenger.
SECTION 3. REQUIRED FINDINGS.
Use Permit
In accordance with Section 20.52.020.F (Use Permit, Required Findings) of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are set
forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The site is designated MU -H2 (Mixed -Use Horizontal) by the General Plan Land Use
Element. This designation allows for horizontal and vertical mixed -use development
including regional commercial office, multi - family residential, industrial, hotel rooms, and
ancillary neighborhood commercial uses. The proposed vehicle storage facility is
consistent with these land use designations.
Tmpll: 03/08/11
20
City Council Resolution No. _
Page 3 of 12
A -2. The proposed application will allow the existing vehicle storage use to remain and will not
result in a change to the existing floor area or hotel room entitlements. Anomaly No. 17 of
the Land Use Element of the General Plan limits the subject property to the development
of 33,292 square feet of gross floor area and 304 hotel rooms.
A -3. The planned development amendment complies with relevant General Plan policies, the
new use is compatible with surrounding land uses, and the addition of vehicle storage as
a conditionally permitted use at this site within the Newport Place Planned Community is
consistent with other land use standards within the planned community.
A -4. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Facts in Support of Finding:
B -1. The subject property is within the Hotel Site 2 -B sub -area of the PC -11 (Newport Place
Planned Community) zoning district. The purpose of the support commercial
designations within Newport Place are to allow a variety of retail sales and services of a
convenience nature, service uses for building tenants and patrons, and restaurants. The
existing vehicle storage facility is retail in nature. It is anticipated that the use will have
limited parking demand based on the characteristics of the vehicle storage use. The use
is adequately screened from the surrounding properties and will be consistent with the
Development Plan for Newport Place upon the adoption of the Planned Development
Amendment.
B -2. The vehicle storage facility is an existing use that was originally permitted for a limited
duration in 2003 under Use Permit No. UP2003 -037 (PA2003 -222) and subsequent
Use Permit No. UP2007 -001 (PA2007 -022). The proposed project allows the vehicle
storage facility to continue as a permanent use. The establishment has proven to be
compatible with surrounding land uses including the nearby office buildings and retail
shopping center.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The daily hours of operation are limited to the hours of 5:00 a.m. and 10:00 p.m.
C -2. One parking space per 250 square feet of gross floor area is required for the subject
property and there is no off -site parking related to the vehicle storage use. A guardhouse
Tmplt: 03/06111
City Council Resolution No. _
Page 4 of 12
is utilized for security purposes only. Two on -site parking spaces for employees are
adequate since the general public and customers are prohibited from accessing the
project site. All employees are required to park on -site.
C -3. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. No vehicle repair or service activities are
permitted on -site. No outdoor paging system is in existence or is permitted on -site. No
signs or identification exist on -site. All loading and unloading of vehicle transports are
conducted on -site.
C -4. The subject property is currently developed to accommodate approximately 519
vehicles, which are screened from the adjacent rights -of -way along Quail Street,
Spruce Street, and Bristol Street. Fencing consists of chain link with solid slats and is
fully screened with green landscape. The fence does not exceed eight feet in height.
C -5. The facility's location, among existing office and retail development, is appropriate
given the use is relatively quiet and is adequately screened from the adjacent right -of-
way. The vehicle storage facility is not located near residential uses and the use is
characterized by operations which would not result in negative impacts to adjacent
properties as a result of noise, odor, or aesthetics.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
D -1. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Per Fire Department requirements, a fire apparatus
roadway, minimum 20 -feet in width, will be maintained.
D -2. The project will comply with all Building, Public Works, and Fire Codes. All ordinances
of the City and all conditions of approval will be complied with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest; safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
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Facts in Support of Finding:
E -1., The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible.
E -2. All requirements of the Drainage Area Management Plan within the Orange County
NPDES Storm Water Program have been met and are being maintained.
E -3. The site has been utilized for vehicle storage inventory since 2003 and has not proven
detrimental to the surrounding community.
Modification Permit
In accordance with Section 20.52.050 (Modification Permits), the City Council must also
make the following findings for approval of a modification permit:
Finding:
F. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Finding:
F -1. The existing landscaping provided at the project site is compatible with the
surrounding office and retail development. Existing ground cover, shrubs, and trees
are provided to soften the aesthetics of the vehicle storage facility and seamlessly
connect the property boundaries with adjacent development.
F -2. The facility's location, among existing office and retail development, is appropriate
given the use is relatively quiet and is adequately screened from the adjacent right -of-
way. The vehicle storage facility was previously established as a temporary use. The
facility has been compatible with existing development over the past eight years since
it was developed.
F -3. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
Finding:
G. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use.
Facts in Support of Finding:
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City Council Resolution No.
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G' -1. The vehicle storage facility is not a parking area that serves a commercial use or is
accessible to the general public. The site and vehicles are fully screened from the
adjacent streets and properties by fences and landscaping.
G -2. One tree per 25 lineal feet of the interior east property line is not provided because the
landscape area provided is too narrow to plant trees on the subject property and trees
and landscaping are provided on the adjacent property. The existing deviations to the
landscape development standards would remain.
Finding:
H. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
H -1. Sufficient landscaping consisting of ground cover, shrubs, and trees is already
provided on the subject property and sufficient screening is provided to conceal the
vehicles stored on -site from adjacent public - rights -of -way and adjacent properties.
Finding:
There are no alternatives to the Modification Permit that could provide similar benefits
to the applicant with less potential detriment to surrounding owners and occupants, the
neighborhood, or to the general public.
Facts in Support of Finding:
1 -1. The provision of the required trees per the landscape development standards of PC -11
(Newport Place Planned Community) would result in a reduction in the number of
vehicles that could be stored at the subject property and would also reduce the width
of the drive aisles.
1 -2. The project is comprised of a surface parking lot with a small 200- square -foot security
building. The vehicle storage facility is existing and has not proven to be a detriment to
surrounding owners, occupants, the neighborhood, or the general public. Minor
deviations from the landscape development standards would eliminate the need for
future construction and allow the use to continue.
Finding:
J. The granting of the modification would not be detrimental to public health, safety, or
welfare to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the
provisions of this Zoning Code.
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City Council Resolution No. _
Page 7 of 12
Facts in Support of Finding:
J -1. The deviation from the landscape development standards will not result in any
detriment to public health, safety, or welfare.
J -2. The landscaping deviation will not change the density or intensity of the existing
commercial use.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California; hereby
resolves as follows:
1. The City Council of the City of Newport Beach hereby approves Use Permit No. UP2011-
024 and Modification Permit No. MD2011 -012 subject to the conditions set forth in
Exhibit A, which is attached hereto and incorporated by reference.
2. This resolution shall take become final and effective thirty (30) days after the date of
adoption of Ordinance No. 2011 -##..
3. This resolution supersedes Use Permit No. UP2003 -037 (PA2003 -222) and Use
Permit No. UP2007 -001 (PA2007 -022), which upon vesting of the rights authorized by
this use permit, shall become null and void.
PASSED, APPROVED AND ADOPTED THIS 11th DAY OF OCTOBER, 2011.
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
CITY CLERK
Tripp 03108/11
9-
City Council Resolution No. _
Page 8 of 12
CONDITIONS OF APPROVAL
(Project - specific conditions are in italics)
PLANNING
1. The development shall be in substantial conformance with the approved site plan, floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval).
2. Planned Development Amendment No. PD2011 -002, Use Permit No. UP2011 -024, and
Modification Permit No. MD2011 -012 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
5. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
6. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
7. Should the property be sold or otherwise come under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
8. The applicant shall pay any unpaid administrative costs associated with the processing
of this application to the Planning Division.
9. Members of the general public or customers are not permitted onsite. The daily hours
of operation shall be limited between the hours of 5:00 a.m. and 10:00 p.m. Any
increase in the hours of operation shall be subject to the approval of the Community
Development Director and may require an amendment to this use permit. Use of noise
generating mechanical equipment, including but not limited to compressors or impact
wrenches shall be limited between the daily hours of 8:00 a.m. and 8:00 p.m.
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10. At least one parking space for each 250 square feet of gross floor area shall be
provided for employees of the proposed facility, but not less than two spaces.
11. All loading and unloading of vehicle transports shall be done on -site, unless otherwise
approved by the City Traffic Engineer in conjunction with the approval of an off - loading
plan.
12. No vehicles shall be parked or otherwise stored on Bristol Street, Spruce Street, Quail
Street or any other public street, public property or private property.
13. Unless an amended use permit is approved by the City Council or Planning Commission,
automobile service (including outdoor storage of auto related parts or merchandise),
repairs or body and fender repairs or painting as defined in Section 20.70.020(b) of the
Newport Beach Municipal Code is prohibited on -site.
14. The boundary fence shall be of solid material or chain link fencing with solid slats. The
fence shall not exceed eight feet in overall height.
15. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
16. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
17. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted,
either on -site or off - site, to advertise the proposed establishment, unless specifically
permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary
signs shall be prohibited in the public right -of -way, unless otherwise approved by the
Public Works Department in conjunction with the issuance of an encroachment permit or
encroachment agreement.
18. All proposed signs shall be in conformance with provisions of Chapter 20.67 of the
Newport Beach Municipal Code.
19. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by employees, vehicles, and
mechanical equipment. All noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 and other applicable noise control requirements of the
Newport Beach Municipal Code. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code.
The maximum noise shall be limited to no more than depicted below for the specified
time period unless the ambient noise level is higher:
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City Council Resolution No. _
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20. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the vehicle storage facility.
21. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Newport Beach Municipal Code, Community Noise Control.
22. All mechanical equipment and trash areas shall be completely roofed to protect the trash
area from rainwater and storm water runoff.
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily; un less otherwise approved by an amendment to this
permit.
24. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls, a gate and roof), or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. Trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
25. Provisions shall be made for and around the trash enclosure to prevent debris and
polluted runoff (originating from the trash enclosure) from entering the public right -of -way.
Please refer to the City's Building Division Guidelines as to how on -site runoff
containment could be accomplished.
26. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self - contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
27. The operator of the use shall be responsible for the clean up of all on -site and off -site
trash, garbage and litter generated by the use.
28. The area outside of the facility (including the public sidewalks, walkways, and /or
common walkways) shall be maintained in a clean and orderly manner.
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Between the hours of
7:00 a.m. and 10:00 p.rn.
Between the hours of
10:00 p.m. and 7:00 a.in.
interior
exterior
interior
exterior
Measured at the property line of
commercially zoned property:
N/A
65 dBA
N/A
60 dBA
Measured at the property line of
residentially zoned property:
N/A
60 dBA
N/A
50 dBA
Residential property:
45 dBA
55 dBA
40 dBA
50 dBA
20. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the vehicle storage facility.
21. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Newport Beach Municipal Code, Community Noise Control.
22. All mechanical equipment and trash areas shall be completely roofed to protect the trash
area from rainwater and storm water runoff.
23. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily; un less otherwise approved by an amendment to this
permit.
24. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls, a gate and roof), or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. Trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
25. Provisions shall be made for and around the trash enclosure to prevent debris and
polluted runoff (originating from the trash enclosure) from entering the public right -of -way.
Please refer to the City's Building Division Guidelines as to how on -site runoff
containment could be accomplished.
26. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self - contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
27. The operator of the use shall be responsible for the clean up of all on -site and off -site
trash, garbage and litter generated by the use.
28. The area outside of the facility (including the public sidewalks, walkways, and /or
common walkways) shall be maintained in a clean and orderly manner.
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29. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of vehicle inventory and the required trash container
enclosure.
30. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands, obligations, damages,
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Fletcher Jones Vehicle Storage Facility including,
but not limited to, the Conditional Use Permit No. UP2011 -024 and Modification
Permit No. MD2011 -012. This indemnification shall include, but not be limited to,
damages awarded against the City, if any, costs of suit, attorneys' fees, and other
expenses incurred in connection with such claim, action, causes of action, suit or
proceeding whether incurred by applicant, City, and /or the parties initiating or bringing
such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys'
fees, and damages which City incurs in enforcing the indemnification provisions set forth
in this condition. The applicant shall pay to the City upon demand any amount owed to
the City pursuant to the indemnification requirements prescribed in this condition.
Fire Department and Building Division Conditions
31. A fire apparatus access roadway shall be provided and maintained throughout the
parking area and have an unobstructed width of not less than 20 feet.
32. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and approval by
the Building Division.
33. The project shall comply with State Disabled Access requirements, unless otherwise
approved by the Building Division.
34. The facility shall comply with the Drainage Area Management Plan within the Orange
County NPDES Storm Water Program. The applicant or the property owner shall
incorporate Best Management Practices in compliance with the clean urban runoff
condition of this use permit; and complete the installation or implementation of the
recommendations of the Public Works Department and Building Division. This may
include the introduction of on -site structural and /or non - structural BMP's (Best
Management Practices) facilities or apparatus.
35. The on site area drains that are connected to curb drains that outlet to the public streets
shall serve only as a storm overflow outlet.
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City Council Resolution No. _
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Public Works Conditions
36. The intersection of the private drives, Spruce Street and Quail Street shall provide
sight distance for a speed of 45 miles per hour. Slopes, landscape walls, and other
obstructions shall not be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed 24 inches in height. The sight distance
requirements may be modified at non - critical locations, subject to the approval of the
City Traffic Engineer.
37. All on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to the approval of the City Traffic Engineer or Public Works Department
designee. The parking spaces shall meet current parking size standards, unless
otherwise approved by the City Traffic Engineer. Vehicular access shall be subject to
the approval of the City Traffic Engineer and the Fire Department.
38. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
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City Council
Attachment No. CC 3
Draft City Council Resolution for Denial
97
•v
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DENYING PLANNED DEVELOPMENT
AMENDMENT NO. PD2011 -002, USE PERMIT NO. UP2011 -024,
AND MODIFICATION PERMIT NO. UP2011 -012 FOR A VEHICLE
STORAGE FACILITY AT 1301 QUAIL STREET (PA2011 -076)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fletcher Jones Motorcars, with respect to property located at
1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as
recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting
approval of a planned development amendment, use permit, and modification permit.
2. The applicant requests approval of a planned development amendment to the Newport
Place Planned Community to allow vehicle storage as a conditionally permitted use,
conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport
Place Planned Community), and a modification permit to allow minor deviations to the
landscape development standards. The site does not comply with the landscape
development standards, which require one tree to be planted for every five parking
spaces within all parking areas and one tree for every 25 linear feet along interior
property lines. The site is currently utilized for outdoor storage of vehicle inventory
associated with Fletcher Jones Motorcars, which was previously approved for a limited
duration.
3. The subject property is located within the Hotel Site 2 -B Sub -Area of the PC -11 (Newport
Place Planned Community) Zoning District and the General Plan Land Use Element
category is MU -H2 (Mixed -Use Horizontal).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
6. At the August 18, 2011 hearing, the Planning Commission received public comments
and voted (7 ayes and 0 noes) to recommend approval of the Planned Development
Amendment, Conditional Use Permit, and Modification Permit.
7. A public hearing was held on September 27, 2011, in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. Evidence, both written and oral,
was presented to, and considered by, the City Council at this meeting. The item was
continued to the October 11, 2011 City Council Meeting.
Planning Commission Resolution No. _
Paqe 2 of 3
8. A public hearing was held on October 11, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to Section 15270 of the California Environmental Quality Act (CEQA)
Guidelines, projects which a public agency rejects or disapproves are not subject to
CEQA review.
SECTION 3. REQUIRED FINDINGS.
In accordance with PC- 11(Newport Place Planned Community) Code, a vehicle storage
facility requires the approval of a conditional use permit and the project site requires a
modification permit for deviations to the landscape development standards. The City Council
may approve a conditional use permit and modification permit only after making each of the
required findings set forth in Section 20.52.020 and Section 20.52.050. In this case, the City
Council was unable to make the required findings based upon the following:
1. The design, location, size, and operating characteristics of the use are not compatible
with the allowed uses in the vicinity. The sound and lighting resulting from the vehicle
storage facility would result in negative impacts to businesses in the vicinity of the
establishment. The nuisance noise would be associated with the moving of vehicles,
mechanical equipment, and includes activity around the surrounding parking lot. The
proposed hours for the vehicle storage facility will increase activity on the project site.
Additional nuisance noise associated with the increased activity will disturb local
businesses and would not be compatible with the quite enjoyment of their property
during the late evening and early morning hours.
2. The site is not physically suitable in terms of design, location, shape, size, and
operating characteristics. The property does not provide on -site parking to
accommodate the proposed use. The City Council does not consider the existing
development on the subject property a unique circumstance resulting in any necessity
to warrant approval of the proposed use.
3. The proposed vehicle storage facility is neither required by code nor necessary for the
enjoyment of the property. If desired, and as shown through previously approved
building permits, the subject property can be utilized to comply with the requirements
of the NBMC and the Newport Place Planned Community and be used for general
commercial or retail uses.
4. The subject property is consistent in orientation, size and shape with typical lots in this
neighborhood which are designed with commercial and mixed -use development.
Although, the property is currently developed with infrastructure for a vehicle storage
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Planning Commission Resolution No. _
Paqe 3 of 3
facility, the use could prove detrimental to the Newport Place Planned Community.
Operation of the use at the location proposed would be detrimental to the harmonious
and orderly growth of the City.
5. Granting of the use permit would provide special privileges to the subject property as
the City has required the minimum parking provided by the Zoning Code in similar
circumstances with nonconforming commercial uses.
SECTION 4. DECISION.
NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby
resolves as follows:
1. The City Council of the City of Newport Beach hereby denies Planned Development
Amendment No. PD2011 -002, Use Permit No. UP2011 -024, and Modification Permit No.
M D2011 -012.
2. This action shall take effect immediately upon its adoption by the City Council, and the
City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED THIS 11th DAY OF OCTOBER, 2011.
ATTEST:
CITY CLERK
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City C o u ncH
Attachment Flo. CC -Al.
Planning Commission Staff Report
MOM
104
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 18, 2011 Meeting
Agenda Item 3
SUBJECT: Flectcher Jones Vehicle Storage Facility - (PA2011 -076)
1301 Quail Street
• Planned Development Amendment No. PD2011 -002
• Conditional Use Permit No. UP2011 -024
• Modification Permit No. MD2011 -012
APPLICANT: Fletcher Jones Motorcars
PLANNER: Makana Nova, Assistant Planner
(949) 644 -3249, mnova @newportbeachca.gov
PROJECT SUMMARY
A planned development amendment to allow vehicle storage as a conditionally
permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC -11
(Newport Place Planned Community), and a modification permit to allow minor
deviations to the landscape development standards. The site is currently utilized for
outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which
was previously tapproved for a limited duration under Use Permit No. UP2003 -093
(PA2003 -222) and Use Permit No. UP2007 -001 (PA2007 -022).
RECOMMENDATION
1) Conduct a public hearing; and
2) Recommend approval of Planned Development Amendment No. PD2011 -002,
Conditional Use Permit No. UP2011 -024, and Modification Permit No. MD2011 -012
to City Council subject to the findings and conditions of approval in the draft
resolution (Attachment No. PC 1) and the redlined draft PC -11 (Newport Place
Planned Community) text (Attachment No. PC 3).
I�3dlil�i[�Ii•
Proiect Settino and Description
The subject property is bounded by North Bristol Street to the south, Spruce Street to
the west, and Quail Street to the north. Office uses are located to the north, south, and
west along Bristol Street, Spruce Street, and Quail Street and a retail shopping center is
located to the east of the subject property along North Bristol Street. The property is L-
shaped, 161,172 square feet (approximately 3.7 acres) in area. The site is currently
utilized for outdoor storage of vehicle inventory associated with Fletcher Jones
1 105
ON -SITE
NORTH
SOUTH
EAST
WEST
August 18, 2011
Page 2
Subject Property
GENERAL PLAN ZONING
�l Ci: •4
ri
ory
v
MU -H2 (Mixed -Use
Horizontal)
CO -G (General
Commercial Office)
CG (General
Commercial)
CO -G (General
Commercial Office)
Community, Hotel Site 2 -B)
PC -11 (Newport Place Planned
Community, Prof. & Bus. Office
Sites 1 & 2)
PC -11 (Newport Place Planned
Community, Industrial Site 1A
and General Commercial Site 3'
PC -11 (Newport Place Planned
Community, Industrial Site 3A
and General Commercial Site 4'
Vehicle storage
Offices
Highway 73 and Offices
Offices and Retail
Offices
3 100
August 18, 2011
Page 3
Motorcars and is developed with a surface parking lot for up to 519 vehicles on -site and
a 200 - square -foot guardhouse for security purpose's. Two parking spaces are available
on -site for security personnel and employees. Vehicle inventory is stored on -site then
moved for sale at the primary dealership, located at 3300 Jamboree Road. Members of
the general public or customers are not permitted on -site and vehicle repair does not
occur at this location. The daily hours of operation are limited to the hours of 5:00 a.m.
through 10:00 p.m., daily.
The applicant requests a planned development amendment to continue use of the site
as a vehicle storage facility as a conditionally permitted use. In conjunction with this
approval, a conditional use permit is requested to allow vehicle storage on Hotel Site 2B
of PC -11 (Newport Place Planned Community). The proposed changes to the planned
community can be found on pages 34 and 53 of the redlined draft PC -11 (Newport
Place Planned Community) text (Attachment No. PC 3).
The modification permit is requested to allow minor deviations from the landscape
development standards. The PC -11 Zoning District requires trees in the surface parking
area for every five parking stalls and trees are not provided within the existing vehicle
storage area. The vehicle storage area is not readily accessible to the general public
and the entire facility is screened from the adjacent right -of -way by landscaping and a
chain link fence with solid covering.
In addition, one tree per 25 feet of lineal feet is required along all interior property lines.
Under the landscape development standards, a total of 23 trees are required along the
east interior property line. The landscaping provided on the subject property is not wide
enough to accommodate any of the required trees. Instead, trees and additional
landscaping are provided on the adjacent property.
Background
General Plan Amendment No. GP98 -1 and Use Permit No. UP3640 were approved on
February 8, 1999, to change the land use designations from industrial to hotel, auto
center to professional business office, and increase the development limit allowed in the
PC -11 (Newport Place Planned Community).
The subject property was previously utilized as an automobile sales and service site,
which was demolished in 2000. On October 21, 2003, Use Permit No. UP2003 -037
(PA2003 -222) was approved for the temporary storage of automobiles by the Planning
Commission and on October 15, 2003, Modification Permit No. MD2003 -093 (PA2003-
222) was approved by the Modifications Committee to allow a modification of the
landscape standards to allow a fence to encroach up to 5 feet within the required 30-
foot landscape setback along North Bristol Street. The Modification Permit, was
approved because the encroachment is minor in nature, the property slopes down from
the curb elevation at Bristol Street such that the majority of the required landscaped
area would not be visible from the street elevation, and there is adequate landscaping
5 -o7
August 18, 2011
Page 4
between the fence and the sidewalk. The Use Permit, which was approved for a two -
year duration, expired in October of 2005. However, the Modification Permit remains in
effect.
Planning Director's Use Permit No. UP2007 -001 (PA2007 -022) was subsequently
approved March 27, 2007, to allow the continuation of the temporary outdoor storage of
automobiles for a two -year duration at the subject property. A two -year extension of the
use permit was approved May 29, 2009, and the use permit subsequently expired April
12, 2011. The subject property continues to be utilized for the storage of new
automobile inventory for Fletcher Jones Motorcars.
DISCUSSION
General Plan
The site is designated MU -H2 (Mixed -Use Horizontal) by the General Plan Land Use
Element. This designation allows for horizontal and vertical mixed -use development
including regional commercial office, multi - family residential, industrial, hotel rooms, and
ancillary neighborhood commercial uses. The proposed vehicle storage facility, which
would be the sole occupant of the subject property, is consistent with these land use
designations.
Under the General Plan land use designation of MU -112, the development limit for the
subject property is identified under Anomaly No. 17, which limits the subject property to the
development of 33,292 square feet of gross floor area and 304 hotel rooms. The existing
development consists of a total of 200 square feet of gross floor area, which complies with
the development limit under Anomaly No. 17.
Planned Community /Zonin
The proposed planned development amendment would allow the vehicle storage facility
as a conditionally permitted use at the subject property, which is located on Hotel Site 2 -13
of the PC -11 (Newport Place Planned Community) zoning district. The purpose of the
support commercial designations within Newport Place are to allow a variety of retail sales
and services of a convenience nature, service uses for building tenants and patrons, and
restaurants. The existing vehicle storage is adequately screened from the surrounding
properties and will be consistent with the Development Plan for Newport Place upon the
adoption of the Planned Development Amendment. Staff has determined that a conditional
use permit is appropriate to allow vehicle storage and is consistent with the land use
standards in Newport Place. The subject property is not located within the Coastal Zone.
102
August 18, 2011
Page 5
Use Permit Findings
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use
Permits), the Planning Commission must also make the following findings for approval
of a conditional use permit:
1. The use is consistent with the General Plan and any applicable specific plan.
2. The use is allowed within the applicable zoning district and complies with all
other applicable provisions of the Zoning Code and the Municipal Code.
3. The design, location, size, and operating characteristics of the use are
compatible with the allowed uses in the vicinity.
4. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
5. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use,
The proposed use is consistent with the General Plan and the proposed Planned
Development Amendment will make the existing use consistent with the PC -11
(Newport Place) zoning district.
The draft resolution has been conditioned to limit objectionable conditions due to noise,
trash, and deliveries at the facility. The facility's location, among existing office and retail
development, is appropriate given that the use is relatively quiet and is adequately
screened from adjacent streets and abutting properties. The proposed Planned
Development Amendment will allow the property owner to retain the existing use on -site
and maintain the flexibility that the existing use standards allow for future development
of the site as a hotel or other use.
Staff is recommending approval given that the site has previously been utilized for
vehicle storage and has not proven detrimental to the community and adequate
emergency vehicle access is maintained on -site.
Modification Permit
In accordance with Section 20.52.050 (Modification Permits), the Planning Commission
must also make the following findings for approval of a modification permit for deviations
to the landscape development standards:
7 log
August 18, 2011
Page 6
1. The requested modification will be compatible with existing
development in the neighborhood.
2. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the
use.
3. The granting of the modification is necessary due to practical difficulties
associated with the property and that the strict application of the Zoning Code
results in physical hardships that are inconsistent with the purpose and intent of
the Zoning Code.
4. There are no alternatives to the Modification Permit that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public.
5. The granting of the modification would not be detrimental to public health, safety,
or welfare to the occupants of the property, nearby properties, the neighborhood,
or the City, or result in a change in density or intensity that would be inconsistent
with the provisions of this Zoning Code.
A modification permit is necessary because trees are not provided within the existing
vehicle storage area for every five parking stall because the vehicle storage facility is
not a parking area accessible to the general public and the vehicles are fully screened
from the adjacent right -of -way. The addition of trees in the vehicle storage area would
reduce the number of vehicles that could be parked on -site and would result in potential
damage to the new vehicle inventory due to falling foliage and bird droppings.
In addition, one tree per 25 lineal feet of the interior southeast property line is not
provided. The existing landscape area provided is too narrow to plant trees. Existing
trees are located on the abutting property. Additionally, an 8 -foot high wall screens the
storage facility from the adjacent properties and rights -of -way. Therefore, staff believes
the facts are in evidence for approval of the requested modification permit. Refer to the
site photos provided as Attachment No. PC 4.
Alternatives
Staff believes the findings for approval can be made and the facts in support of the
required findings are presented in the draft resolution (Attachment No. PC 1). The
following alternatives are available to the Planning Commission should they feel the facts
are not in evidence of support for the project application:
1. The Planning Commission may suggest specific operational changes that are
necessary to alleviate any concerns. If any additional requested changes are
substantial, the item could be continued to a future meeting. Should the Planning
•
Fletcher Jones Vehicle Storage Facility
August 18, 2011
Page 7
Commission choose to do so, staff will return with a revised resolution
incorporating new findings and /or conditions.
2. If the Planning Commission believes that there are insufficient facts to support
the findings for approval, the Planning Commission should deny the application
and provide facts in support of denial to be included in the attached draft
resolution for denial (Attachment No. PC 2).
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
1 exemption includes the operation, repair, maintenance, permitting, leasing, licensing,
or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use.
The proposed project involves the entitlement of an existing vehicle storage facility. No
physical change or expansion of the existing use is proposed. Therefore, the use
qualifies for a categorical exemption under Class 1.
If denied, projects which a public agency rejects or disapproves are not subject to the
California Environmental Quality Act ( "CEQA ") review, pursuant to Section 15270 of the
CEQA Guidelines,
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Submitted by:
Makana No4a, Assistant Planner Gregg R i -ez, Se iior Planne
ATTACHMENTS /
PC I -Draft Resolution for Approval with Findings and Conditions
PG-2° =Draft °Resolution-for Denial -
PC 3 Redlined Draft PC -11 (Newport Place Planned Community) Text.
.PC 4 Site Photos
PC 5 Project Plans
TmpIC 04/18711 F: \Users \PLN \SharWPA's \PAs - 2011 \PA2011. - 076 \PD2011 -002. PC Rpt.docx
9 1 --
112
City Council
Attachment No. CC 5
Planning Commission Resolution
Iis
114
RESOLUTION NO. 1854
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
APPROVAL OF PLANNED 01 Vt- I OPNIEN T AMENDMENT NO.
1-'02011 -00, USE PERMIT NO. UP201 i -024, AND
MODIFICATION PERMIT NO. M132011-012 FOR A VEHICLE
STORAGE FACILITY LOCATED AT '1301 QUAIL STREET
(PA2011 -076)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Fletcher Jones Motorcars, with respect to property located at
1301 Quail Street, and legally described as Parcel 1 of Resubdivision No. 364 as
recorded in Book 49 Page 18 of parcel maps, County of Orange, California, requesting
approval of a planned development amendment and use permit.
2. A planned development amendment to allow vehicle storage as a conditionally
permitted use, conditional use permit to allow vehicle storage on Hotel Site 2B of PC-
11 (Newport Place Planned Community), and a modification permit to allow rninor
deviations to the landscape development standards. The site does not comply with the
landscape development standards, which require one tree to be planted for every five
parking spaces within all parking areas and one tree for every 25 linear feet along
interior property lines. The site is currently utilized for outdoor storage of vehicle
inventory associated with Fletcher Jones Motorcars, which was previously approved
for a limited duration.
3. The subject property is located within the Hotel Site 2 -13 Sub -Area of the PC -11 (Newport
Place Planned Community) Zoning District and the General Plan Land Use Element
category is MU -H2 (Mixed -Use Horizontal).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on August 18, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to he categorically exempt under the
requirements of the California Environmental Quality Act under Class 1
(Existing Facilities).
115
Planning Commission Itesolution No. '1854
Page 2 of 12
2. The Class 1 exemption includes the operation, repair, maintenance, permitting.
leasing, licensing, or minor alteration of existing public or private structures
facilities, mechanical equipment, or topographical features, involving negligible
or no expansion of use. The proposed project involves the entitlement of an
existing vehicle storage facility. f\! , expansion of the existing use is proposed.
Therefore, the use qualifies for a categorical exemption under Class 1.
SECTION 3. REQUIRED FINDINGS.
Use Permit
In accordance with Section 20.52.0205 (Use Permit, Required Findings) of the Newport
Beach Municipal Code, the following findings and facts in support of such findings are set
forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
A -1. The site is designated MU -H2 (Mixed -Use Horizontal) by the General Plan Land Use
Element. This designation allows for horizontal and vertical mixed -use development
including regional commercial office. multi- family residential, industrial, hotel rooms, and
ancillary neighborhood commercial uses. The proposed vehicle storage facility is
consistent with these land use designations.
A -2. The proposed application will allow the existing vehicle storage use to remain and will not
result in a change to the existing floor area or hotel room entitlements. Anomaly No. 17 of
the Land Use Element of the General Plan limits the subject property to the development
of 33,292 square feet of gross floor area and 304 hotel rooms.
A -3. The planned development amendment complies with relevant General Plan policies, the
new use is compatible with surrounding land uses, and the addition of vehicle storage as
a conditionally permitted use at this site within the Newport Place Planned Community is
consistent with other land use standards within the planned community.
A -4. The subject property is not part of a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of the Zoning Code and the Municipal Code.
Tmna 031081 t 110
Planning Commission Resolution No. '1854
Page 3 of '12
Facts in Support of Finding:
B -1. The subject property is within the Hotel Site 2 -B sub -area of the PC -11 (Newpori Place
Planned Community) zoning district. The purpose of the support coma- lerca:
designations within Nevdpori Place are to allow a variety of retail sales and sen /ices of a
convenience nature, sewice uses for building tenants and patrons, and restaurants. The
existing vehicle storage facility is retail in nature. It is anticipated that the use will have
limited parking demand based on the characteristics of the vehicle storage use. TI 1l use
is adequately screened from the surrounding properties and will be consistent with the
Development Plan for Newport Place upon the adoption of the Planned Develolmient
Amendment.
B -2. The vehicle storage facility is an existing use that was originally permitted for a limited
duration in 2003 under Use Permit No. UP2003 -037 (PA2003 -222) and subsequent
Use Permit No. UP2007 -001 (PA2007 -022). The proposed project allows the vehicle
storage facility to continue as a permanent use. The establishment has proven to be
compatible with surrounding land uses including the nearby office buildings and retail
shopping center.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
C -1. The daily hours of operation are limited to the hours of 5:00 a.m. and 10:00 p.m.
C -2. One parking space per 250 square feet of gross floor area is required for the subject
property and there is no off -site parking related to the vehicle storage use. A guardhouse
is utilized for security purposes only. Two on -site parking spaces for employees are
adequate since the general public and customers are prohibited from accessing the
project site. All employees are required to park on -site.
C -3. The project includes conditions of approval to ensure that potential conflicts are
minimized to the greatest extent possible. No vehicle repair or service activities are
permitted on -site. No outdoor paging system is in existence or is permitted on -site. No
signs or identification exist on -site. All loading and unloading of vehicle transports are
conducted on -site.
C -4. The subject property is currently developed to accommodate approximately 519
vehicles, which are screened from the adjacent rights -of -way along Quail Street,
Spruce Street, and Bristol Street. Fencing consists of chain link with solid slats and is
fully screened with green landscape. The fence does not exceed eight feet in height
C -5. The facility's location, among existing office and retail development, is appropriate
given the use is relatively quiet and is adequately screened from the adjacent right -of-
Tmplt 03/08111 -17
Planning Commission Resolution No. 1854
Page 4 of 12
way. The vehicle storage facility is not located near residential uses and the use is
characterized by operations which would not result in negative impacts to adjacent
properties as a result of noise, odor, or aesthetics.
Findlnct:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public sen<ices and utilities.
Facts in Support of Finding:
D -1. Adequate public and emergency vehicle access, public services, and utilities are
provided to the subject property. Per Fire Department requirements, a fire apparatus
roadway, minimum 20 -feet in width, will be maintained.
D -2. The project will comply with all Building, Public Works, and Fire Codes. All ordinances
of the City and all conditions of approval will be complied with.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare of persons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
E -1. The project has been reviewed and includes conditions of approval to ensure that
potential conflicts with the surrounding land uses are minimized to the greatest extent
possible.
E -2. All requirements of the Drainage Area Management Plan within the Orange County
NPDES Storm Water Program have been rnet and are being maintained.
E -3. The site has been utilized for vehicle storage inventory since 2003 and has not proven
detrimental to the surrounding community.
Modification Permit
In accordance with Section 20.52.050 (Modification Permits), the Planning Commission must
also make the following findings for approval of a modification permit:
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Planning Commission Resolution No. 1854
Page 5 of 12
Findincl:
F. The requested modification will be compatible with existing development in the
neighborhood.
Facts in Support of Findinq:
F -1. The existing landscaping provided at the project site is compatible with the
surrounding office and retail development. Cxisting'ground cover, shrubs, and frees
are provided to soften the aesthetics of the vehicle storage facility and seamlessly
connect the properhj boundaries with adjacent development.
F -2. The facility's location, among existing office and retail development, is appropriate
given the use is relatively quiet and is adequately screened from the adjacent right -of-
way. The vehicle storage facility was previously established as a temporary use. The
facility has been compatible with existing development over the past eight years since
it was developed.
Finding:
G. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and /or structure, and /or characteristics of the use.
Facts in Support of Finding:
G -1. The vehicle storage facility is not a parking area that serves a commercial use or is
accessible to the general public. The site and vehicles are fully screened from the
adjacent streets and properties by fences and landscaping.
G -2. One tree per 25 lineal feet of the interior east property line is not provided because the
landscape area provided is too narrow to plant trees on the subject property and Irees
and landscaping are provided on the adjacent property. The existing deviations to the
landscape development standards would remain.
Finding:
H. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code.
Facts in Support of Finding:
H -1. Sufficient landscaping consisting of ground cover, shrubs, and trees is already
provided on the subject property and sufficient screening is provided to conceal the
vehicles stored on -site from adjacent public- rights -of -way and adjacent properties.
I MPII: 03108111 119
Planning Commission Resolution No. 1854
Page 7 of 12
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF AUGUST, 2011.
AYES: Arneri, Hawkins, Flillgren; Krasner, Myers, Toerge, and Unswolth
I%]( M ,. None.
A13STAIN: None.
ABSENT: None.
BY: _
Charles Unsworth, Chairman
BY:
Bradley•`Hillgreo', Secretary
Tmpit: 03108111 ��O
Planning Commission Resolution No. 1854
Page 8 of 12
EXHIBIT "A"
CONDITIONS OF APPROVAL
(Project- specific conditions are in italics)
f-' °LANNING
I . The development shall be in substantial conformance with the approved site plan. floor
plans and building elevations stamped and dated with the date of this approval. (Except
as modified by applicable conditions of approval).
2. Planned Development Arnendmlent No. PD2011 -002, Use Permit No. UP2011 -024•, and
Modification Perrnit No. MD2011 -0'12 shall expire unless exercised within 24 n -onths
from the date of approval as specified in Section 20.54.060 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. The applicant shall comply with all federal, state, and local laws. Material violation of
any of those laws in connection with the use may be cause for revocation of this Use
Permit.
5. This approval was based on the particulars of the individual case and does not in and
of itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
6. This Use Permit may be modified or revoked by the City Council or Planning
Commission should they determine that the proposed uses or conditions under which
it is being operated or maintained is detrimental to the public health, welfare or
materially injurious to property or improvements in the vicinity or if the property is
operated or maintained so as to constitute a public nuisance.
7. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Use Permit or the processing
of a new Use Permit.
8. Should the property be sold or otherwise tonne under different ownership, any future
owners or assignees shall be notified of the conditions of this approval by either the
current business owner, property owner or the leasing agent.
9. The applicant shall pay any unpaid administrative costs associated with the processing
of this application to the Planning Division.
10. Members of the general public or customers are not permitted on -site. The daily hours
of operation shall be limited between the hours of 5:00 a.m. and 10:00 p.m. Any
increase in the hours of operation shall be subject to the approval of the Planning
Director and may require an amendment to this use permit. Use of noise generating
Tmpll: 03!08111 121
Planning Commission Resolution No. 185
Page 9 of 12
mechanical equipment, including but not limited to compressors or impact wrenches
shall be limited between the daily hours of 8:00 a.m. and 8:00 p.m.
11. At least one parking space for each 250 square feet of gross floor area shall be
provided for arnp. -oyees of the proposed facility. but not less than biro spaces.
12. All loading and unloading of vehicle transports shall be done on -site, unless otherwise
approved by the City Traffic Engineer in conjunction with the approval of an off - loading
plan.
13. A minimum of INvo parking spaces shall be provided on -site for employees. All
employees shat! pack on -site at all times.
14. Repair and service activities (including outdoor storage of auto related palls or
merchandise) is prohibited.
15. No vehicles shall be parked or otherwise stored on Bristol Street, Spruce Street, Quail
Street or any other public street, public property or private property.
16. Unless an amended use permit is approved by the Planning Commission, automobile
service, repairs or body and fender repairs or painting as defined in Section 20.70.020(b)
of the Newport Beach Municipal Code is prohibited on -site.
17. The boundary fence shall be of solid material or chain link fencing with solid slats. The
fence shall not exceed eight feet in overall height.
18. All landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be
kept free of weeds and debris. All irrigation systems shall be kept operable, including
adjustments, replacements, repairs, and cleaning as part of regular maintenance.
19. All lighting shall conform to the standards of Section 20.30.070 (Outdoor Lighting). The
Community Development Director may order the dimming of light sources or other
remediation upon finding that the site is excessively illuminated.
20. No temporary "sandwich" signs, balloons or similar temporary signs shall be permitted,
either on -site or off -site, to advertise the proposed establishment, unless specifically
permitted in accordance with the Sign Ordinance of the Municipal Code. Temporary
signs shall be prohibited in the public right -of -way, unless otherwise approved by the
Public Works Department in conjunction with the issuance of an encroachment pemrit or
encroachment agreement.
21. All proposed signs shall be in conformance with provisions of Chapter 20.67 of the
Newport Beach Municipal Code.
22. The operator of the facility shall be responsible for the control of noise generated by the
subject facility including, but not limited to, noise generated by employees, vehicles, and
TmpIP 03'08111 122
Planning Commission Resolution No. 1854
Page 10 of 12
mechanical equipment. All noise generated by the proposed use shall comply with the
provisions of Chapter 10.26 and other applicable noise control requirements of the
Newport Beach Municipal Code. The noise generated by the proposed use shall
comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code.
The rftaxilru.¢ii noise shall be limited to no more than depicted below for the specified
time period unless the ambient noise level is higher:
23. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the vehicle storage facility.
24. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Newport Beach Municipal Code, Community Noise Control.
25. All mechanical equipment and trash areas shall be completely roofed to protect the trash
area from rainwater and storm water runoff.
26. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this
permit.
27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls, a gate and root), or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. Trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
28. Provisions shall be made for and around the trash enclosure to prevent debris and
polluted runoff (originating from the trash enclosure) from entering the public right -of -way.
Please refer to the City's Building Division Guidelines as to how on -site runoff
containment could be accomplished.
29. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self - contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
Tmpll: 0310011 12S
Behveen the hours of
7:00 a.m. and 10:00 p.m.
Between the hours of
10:00 p.rn. and 7:00 aur.
interior
exterior
interior
exterior
Measured at the properly line of
commercially zoned properly:
NIA
65 dBA
N/A
60 dBA
Measured at the properly line of
residentially zoned property:
NIP,
60 dBA
NiA
50 dBA
Residential property:
45 dBA
55 dBA
40 dBA
50 dBA
23. That no outdoor sound system, loudspeakers, or paging system shall be permitted in
conjunction with the vehicle storage facility.
24. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with Chapter 10.26
of the Newport Beach Municipal Code, Community Noise Control.
25. All mechanical equipment and trash areas shall be completely roofed to protect the trash
area from rainwater and storm water runoff.
26. Deliveries and refuse collection for the facility shall be prohibited between the hours of
10:00 p.m. and 5:00 a.m., daily, unless otherwise approved by an amendment to this
permit.
27. All trash shall be stored within the building or within dumpsters stored in the trash
enclosure (three walls, a gate and root), or otherwise screened from view of neighboring
properties except when placed for pick -up by refuse collection agencies. Trash
dumpsters shall have a top, which shall remain closed at all times, except when being
loaded or while being collected by the refuse collection agency.
28. Provisions shall be made for and around the trash enclosure to prevent debris and
polluted runoff (originating from the trash enclosure) from entering the public right -of -way.
Please refer to the City's Building Division Guidelines as to how on -site runoff
containment could be accomplished.
29. The applicant shall ensure that the trash dumpsters and /or receptacles are maintained
to control odors. This may include the provision of either fully self - contained dumpsters
or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning
Division. Cleaning and maintenance of trash dumpsters shall be done in compliance
Tmpll: 0310011 12S
Planning Commission Resolution No. 1854
Page 11 of 12
with the provisions of Title 14, including all future amendments (including Water
Quality related requirements).
30. The operator of the use shall be responsible for the clean up of al! on -site and off -site
trash, garbage and filter generafed by the use.
31. The area outside of the facility (including the public sidewalks, wallavays, and /or
common walkways) shall be maintained in a clean and orderly manner.
32. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of vehicle inventory and the required trash container
enclosure.
33. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers, employees,
and agents from and against any and all claims, demands; obligations, damages.
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Fletcher Jones Vehicle Storage Facility including.
but not limited to, the Planned Development Amendment No. PD2011 -002, Use
Permit No. UP2011 -024, and Modification Permit Flo. MD2011 -012. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any, costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action: suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall indemnify
the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing
the indemnification provisions set forth in this condition. Tlie applicant shall pay to the
City upon demand any amount owed to the City pursuant to the indemnification
requirements prescribed in this condition.
Fire Department and Building Division Conditions
34. A fire apparatus access roadway shall be provided and maintained throughout the
parking area and have an unobstructed width of not less than 20 feet.
35. The facility shall be designed to meet exiting and fire protection requirements as
specified by the Uniform Building Code and shall be subject to review and approval by
the Building Division.
36. The project shall comply with State Disabled Access requirements, unless otherwise
approved by the Building Division.
37. The facility shall comply with the Drainage Area Management Plan within the Orange
County NPDES Storm Water Program. The applicant or the property owner shall
incorporate Best Management Practices in compliance with the clean urban runoff
condition of this use permit, and complete the installation or implementation of. the
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Planning Commission Resolution No. 1854
Page 12 of '12
recommendations of the Public Works Department and Building Division. This may
include the introduction of on -site structural and /or non - structural BMP's (Best
Management Practices) facilities or apparatus.
38: The on site area drains that are connected to curt drains that outlet to the public streets
shall serve only as a storm overflow outlet.
Public: Works Conditions
39. The intersection of the private drives, Spruce Street and Quail Street shall provide
sight distance for a speed of 45 miles per hour. Slopes, landscape walls, and other
obstructions shall not be considered in the sight distance requirements. Landscaping
within the sight line shall not exceed 24 inches in height. The sight distance
requirements may be modified at non - critical locations, subject to the approval of the
City Traffic Engineer.
40. All on -site parking, vehicular circulation and pedestrian circulation systems shall be
subject to the approval of the City Traffic Engineer or Public Works Department
designee. The parking spaces shall meet current parking size standards, unless
otherwise approved by the City Traffic Engineer. Vehicular access shall be subject to
the approval of the City Traffic Engineer and the Fire Department.
41. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
Taipil 03108111 125
120
City C ouyunc H
Attachment No. CC 6
Planning Commission Minutes
127
122
NEWPORT BEACH PLANNING COMMISSION MINUTES
08/18/2011
access shall be required and that there will be a shared driveway between the units, on the
Chair Uns"Ro
Commissioner
called for Ex Parte Communication reports from the Commission.
Commissioner Myers
Commissioner Hillgren
stated that he visited the site this afternoon.
that he visited the site yesterday.
he visited the site.
Commission Toerge stated that he vi3*d the site.
Chair Unsworth stated that he visited the
Chair Unsworth opened the Public Hearing.
In response to an inquiry from Chair
proposal and the revised conditions.
Chair Unsworth closed the Public
James Kaviani, stated that he agrees with the
Motion made by Commission oerge and seconded by Commission Hawkins, and carried (7 — 0) to
adopt a resoZchan Variance No. VA2011 -001, Modification No. D2011 -010, and Parcel Map
NP2011 -008condition Number 25, and a change on Page 19, s co rrected (Page 13).
AYES: awkins, Hillgren, Kramer, Myers, Toerge, and Unsworth.
NOES: ABSENT(R
ABSTAI None.
Unsworth stated that there is a 14 -day window to submit an appeal for this project.
ITEM NO. 3 Fletcher Jones Vehicle Storage Facility (PA2011 -076)
1301 Quail Street
A planned development amendment to allow vehicle storage as a conditionally permitted use, conditional
use permit to allow vehicle storage on Hotel Site 2B of PC -11 (Newport Place Planned Community), and a
modification permit to allow minor deviations to the landscape development standards. The site is
currently utilized for outdoor storage of vehicle inventory associated with Fletcher Jones Motorcars, which
was previously approved for a limited duration under Use Permit No. UP2003 -093 (PA2003 -222) and Use
Permit No. UP2007 -001 (PA2007 -022).
The project is categorically exempt under Section 15301, of the California Environmental Quality Act
(CEQA) Guidelines - Class 1 (Existing Facilities). The Class 1 exemption includes the operation, repair,
maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures,
facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use.
Assistant Planner Makana Nova provided a staff report and PowerPoint Presentation.
Chair Unsworth stated that in regard to handwritten Page 18, the first resolution, he would recommend City
Council approval and that there would be no 14 -day appeal period. He further noted that there is a revised
Page 3 of 8
129
NEWPORT BEACH PLANNING COMMISSION MINUTES 08/18/2011
resolution, where the language regarding the 14 -day appeal period following the Planning Commission
meeting was removed.
Community Development Director Brandt stated that the appeal period will not be affected until the Planned
Development Text is adopted and that the appeal period begins when the City Council approves the project.
Commissioner Hawkins confirmed that for all use permits and modifications, the Planning Commission would
be making a recommendation to the City Council, and that the City Council would be making the final
decision.
Chair Unsworth called for Ex Parte Communication reports from the Commission.
Commissioner Kramer stated that he had communication with the applicant.
Commissioner Myers stated that he had communication with the applicant and drove by the site.
Commissioner Hawkins stated that he had communication with the applicant and visited the site.
Chair Unsworth stated that he had communication with the applicant.
Commissioner Ameri stated that he had communication with the applicant and the applicant's representative
and visited the site.
Commissioner Hillgren stated that he had communication with the applicant and visited the site
Chair Unsworth opened the Public Hearing.
Vicki Fetterman from Government Solutions, representing the applicant, Fletcher Jones presented an
overview of the application and requested the modification permit.
Chair Unsworth closed the Public Hearing.
Motion made by Commissioner Hawkins and seconded by Commissioner Kramer, and carried (7 — 0) to
approve Planned Development Amendment No. PD2011 -002, Conditional Use Permit No. UP2011 -024,
and Modification Permit No. MD2011 -012 to City Council subject to the findings and conditions of approval
in the revised draft resolution and the redlined draft PC -11 (Newport Place Planned Community) text.
AYES: Ameri, Hawkins, Hillgren, Kramer, Myers, Toerge, and Unsworth.
NOES: None.
ABSENT(RECUSED): None.
ABSTAIN: None.
n.�NEW BUSINESS
ITEM NO.4 Duo n-9 del and Addition (PA2010-
3002 Breakers Drive
On August 4, 2011, the Plaa +i ommission, requested a report on chess for the approval of a
project located OZ Breakers Drive. The requested report was in response to p� is comments
receiv Gyarding project approval.
Page 4 of 8
HIM
City ColII1ClH
Attachment Flo. CC I
Site Photos
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Attachment No. CC 8
Project Plans
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RECEIVED
PROOF OF
P U B U CATI 0 P►� �
OFHCLE OF
THE CITY CLERK
STATE OE CA1 9FO0 iIIA) CITY OT ,:'`VPORTBEACH
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I
am over the age of eighteen years, and
not a party to or interested in the notice
published. I am a principal clerk of the
NEWPORT BEACH /COSTA MESA
DAILY PILOT, which was adjudged a
newspaper of general circulation on
September 29, 1961, case A6214, and
June 11, 1963, case A24831, for the
City of Costa Mesa, County of Orange,
and the State of California. Attached to
this Affidavit is a true and complete copy
as was printed and published on the
following date(s):
Saturday, October 29, 2011
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Executed on November 3, 2011
at Los Angeles, California
w k
Signature