HomeMy WebLinkAbout2015 - Request for legislative approvals to accommodate the future redevelopment of a portion of the property with a mixed-use waterfront project. Applications include a General Plan Amendment, Coastal Land - 300 Coast Hwy ERESOLUTION NO. 2015
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING ACCEPTANCE OF THE
SUGGESTED MODIFICATIONS FROM THE CALIFORNIA COASTAL
COMMISSION (LCP-5-NPB-14-0820-2) AND CITY COUNCIL APPROVAL OF
GENERAL PLAN AMENDMENT NO. GP2011-011, COASTAL LAND USE
PLAN AMENDMENT NO. LC2011-007, CODE AMENDMENT NO. CA2013-
009, PLANNED COMMUNITY DEVELOPMENT PLAN ADOPTION NO.
PC2011.001, LOT LINE ADJUSTMENT NO. LA2013-003, AND THE
ADDENDUM TO THE CERTIFIED BACK BAY LANDING ENVIRONMENTAL
IMPACT REPORT FOR THE APPROXIMATELY 31 ACRE PLANNED
COMMUNITY KNOWN AS BACK BAY LANDING LOCATED AT 300 EAST
COAST HIGHWAY (PA2011-216)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
On December 16, 2011, an application was filed by Bayside Village Marina, LLC
("Applicant") with respect to an approximately 31 -acre parcel generally located on the
north of East Coast Highway and northwest of Bayside Drive, legally described on
Exhibit A, which is attached hereto and incorporated herein by reference, ("Property")
requesting approval of various legislative and related approvals that would allow for the
future development of a mixed-use bayfront village comprising of up to 94,035 square
feet of marine -related and visitor -serving commercial uses and up to 49 residential units
("Project"). The following approvals were requested or required to implement the
Project as proposed -
a, General Plan Amendment (GPA)- To allow the development of residential units by
changing the land use designation of portions of the site from Recreational and
Marine Commercial (CM 0.5) to Mixed -Use Horizontal (MU -1-11). The amendment
would also change the designation of the 0.304 -acre lot line adjustment area
currently designated as Multiple Unit Residential (RM) to MU -H1. In addition to the
land use changes, the amendment would create two new anomalies to reallocate
49 un -built residential dwelling units from the adjacent mobile home park
(Anomaly No. 81) to the project site (Anomaly No. 80).
b. Coastal Land Use Plan Amendment (CLUPA)- To allow the development of
residential units by changing the land use designation of portions of the site from
Recreational and Marine Commercial (CM -B) to Mixed -Use Horizontal (MU -H).
The amendment would also change the designation of the 0.3 -acre lot line
adjustment area currently designated as Multiple Unit Residential (RM -C) to MU -
H. In addition to the land use changes, the amendment would also establish a
site-specific development policy and a height exception to the 35 -foot Shoreline
Height Limit allowing for a single, 65 -foot -tall coastal public view tower.
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C. Code Amendment- To amend the Zoning Map of the Zoning Code to expand the
current Planned Community District boundaries (PC -9) of the site to include: 1)
the 0.304 -acre lot line adjustment area zoned as Bayside Village Mobile Home
Park Planned Community (PC-1/MHP); and, 2) the existing 0.642 -acre portion of
the project site zoned as Recreational and Marine Commercial (CM).
d. Planned Community Development Plan (PCDP)- Adoption of a Development Plan
to allow for the classification of land within the existing Planned Community
boundaries and establishment of development standards, design guidelines, and
implementation of the future project and longterm operation of all planning areas
of the site.
e. Lot Line Adiustment (LLA)- To adjust the property boundaries between Parcel 3
(subject property) and Parcel 2 (adjacent Bayside Village Mobile Home Park) of
Parcel Map No. PM 93-111 to improve ingress and egress to the project site
with a new driveway.
Traffic Stud yp A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the Municipal Code.
2. The Property currently has General Plan designations of Recreational and Marine
Commercial (CM 0.5 and 0.3), Open Space (OS) and Tidelands and Submerged
Lands (TS), and is limited to a total maximum development of 139,680 square feet.
3. The Property is currently located within the Coastal Zone and has Coastal Land Use
Pian designations of Recreational and Marine Commercial (CM -A and CM -B), Open
Space (OS) and Tidelands and Submerged Lands (TS).
4. The Property is currently located within the Planned Community zoning district (PC -9)
and within the Recreational and Marine (CM 0.3) zoning district.
5. Pursuant to Section 65352.3 of the California Government Code, the appropriate tribe
contacts identified by the Native American Heritage Commission were provided notice
of the proposed General Plan Amendment on February 13, 2012. The California
Government Code requires 90 days to allow tribe contacts to respond to the request to
consult unless the tribe contacts mutually agree to a shorter time period. As
documented in Appendix D of the DEIR, follow-up consultation was conducted and Mr.
Andy Salas replied to the follow-up letter by e-mail and identified his concerns and
requests regarding monitoring during ground disturbing activities. No additional
requests for consultation were received.
6. On November 7, 2013, the Planning Commission held a study session for the project
in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the
Draft Environmental Impact Report (DEIR) and Project.
7. The Planning Commission held a public hearing on December 19, 2013, in the City Hail
Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the
time, place and purpose of the aforesaid meeting was provided in accordance with
California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
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(NBMC). The environmental documents for the Project comprising the DEIR, Final
Environmental Impact Report (FEIR) which consists of Responses to Comments,
Corrections and Additions to DEIR (collectively, the EIR), and Mitigation Monitoring
and Reporting Program (MMRP), the draft Findings and Facts in Support of Findings
(Findings), staff report, and evidence, both written and oral, were presented to and
considered by the Planning Commission at these hearings.
8. On December 19, 2013, the Planning Commission adopted Resolution No. 1928 by a
unanimous vote of 7-0, recommending certification of the Back Bay Landing FEIR
(SCH No. 20121010034) and approval of the Project to the City Council.
9. The City Council held a public hearing on February 11, 2014, in the City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the time,
place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NEMC. The environmental documents for the Project comprising the DEIR,
FEIR which consists of Responses to Comments, Corrections and Additions to DEIR
(collectively, the EIR), and MMRP, the Findings, staff report, and evidence, both
written and oral, were presented to and considered by the City Council at this hearing.
10. On February 11, 2014, the City Council adopted Resolution No. 2014-10 certifying the
FEIR No. ER2012-003 (SCH No. 2012101003) to be in compliance with the CEQA,
the State CEQA Guidelines, and City Council Policy K-3 (Certified EIR).
11. On February 11, 2014, the City Council adopted: Resolution No. 2014-11 approving
General Pian Amendment No. GP2011-011; Resolution No. 201412 approving
Coastal Land Use Plan Amendment No. LC2011-007; Resolution No. 2014-13
approving Traffic Study No. TS2011-003; and Resolution No. 2014-14 approving Lot
Line Adjustment No. 2011-003. These resolutions were adopted contingent upon the
approval of LC2011-011 by the California Coastal Commission.
12. On February 25, 2014, the City Council adopted Ordinance No. 2O14µ3 approving
Code Amendment No. CA2013-009 and Ordinance No. 2014-4 approving Planned
Community Development Plan No. PC2011-001. These ordinances were adopted
contingent upon the approval of LC2011-011 by the California Coastal Commission.
13. On July 11, 2014, the California Coastal Commission received the City's submittal of
Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0820-2).
14. On December 10, 2015, the California Coastal Commission certified the City's
application request (LCP-S- NPB-14-0820-2) with the suggested modifications to the
proposed CLUP amendment, including:
a. Modified the proposed CLUP land use category from Mixed -Use Horizontal
(MU -H) to Mixed Use Water -Related (MU -W). The primary difference between
the two designations is that the MU -W designation allows for the vertical mixed-
use structures, where residential uses are located above the ground floor.
Freestanding residential units are prohibited.
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b. Eliminated a proposed height exception to the 35 -foot Shoreline Height
Limitation Zone under CLUP Policy 4.4.2-1 for a single, up to 65 -foot tall coastal
public view tower.
C. Included new site specific CLUP Policies 2.1.9-2 and 2.1.9-3 to include a
requirement that the proposed public bayfront promenade include a waterfront
trail within, adjacent to the mobile home park to provide a continuous trail from
the mixed-use project area on the west to the Newport Dunes recreational trail
to the east.
d. Included a new site specific CLUP Policy 2.1.9-4 requiring that a hazards
assessment of the potential for erosion, flooding, and/or damage from natural
forces be prepared and submitted with the future site development review
phase of the project.
e. Included a new site specific CLUP Policy 2.1.95 requiring the preparation and
implementation of a shoreline management plan for the development and
shoreline areas of the site subject to tidal action, flooding, wave hazards and
erosion
f. Required CLUP Coastal Access and Recreation Map 3-1 be revised to illustrate
the proposed bayfront promenade as a future waterfront public access trail and
Bikeways and Trail Map 2 to be revised to illustrate the proposed bike lane and
trail improvements on Bayside Drive.
15. As a result of the Coastal Commission's action, the applicant is proposing General
Plan, Coastal Land Use Plan, Code Amendment, and Planned Community
Development Plan Amendments to modify the previously approved land use
designations and zoning regulations to make them consistent with Coastal
Commission's approval and to expand the land use boundaries of the site to include
the revised 0.387 -acre lot line adjustment area.
16. A revised Lot Line Adjustment is requested adjust the property boundaries between
Parcel 3 (subject property) and Parcel 2 (adjacent Bayside Village Mobile Home Park)
of Parcel Map No. PM 93-111 to improve ingress and egress to the project site with a
new driveway. The revision increases the lot line adjustment area from 0.304 -acres to
0.387 -acres.
17. No changes to Traffic Study No. TS2012-003 as approved by City Council Resolution
No. 2014-13 are necessary.
18. Council Policy A-18 requires that the proposed General Plan amendments be
reviewed to determine if a vote of the electorate would be required. If a project
(separately or cumulatively with other projects over a 10 -year span) exceeds any one
of the following thresholds, a vote of the electorate would be required: if the project
generates more than 100 peak hour trips (A.M. or P.M.); adds 40,000 square feet of
non-residential floor area; or, adds more than 100 dwelling units in a statistical area.
There have been no prior amendments approved within Statistical Area K1 since the
adoption of the 2006 General Plan. Although the amendment would change the land
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use designation from CM to MU -W2 to allow for the development of 49 residential
units, the proposed anomalies would limit the development limits within Statistical Area
K1 to what is currently allowed under the General Plan. This is achieved through the
reallocation of 49 un -built residential units from Bayside Village Mobile Home Park
(Anomaly No. 81) to the project site (Anomaly No. 80). Therefore, the thresholds that
require a vote pursuant to Charter Section 423 are not exceeded because the
proposed amendment does not create any new dwelling units, does not exceed the
non-residential floor area threshold, and does not exceed the a.m. or p.m. peak hour
vehicle trips threshold.
19. On March 17, 2016, the Planning Commission held a public hearing in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California, at which time the
Planning Commission considered the modifications of the Amendments as a result of the
Coastal Commission's action, Certified EIR, and Addendum. A notice of the time, place
and purpose of the aforesaid hearing was provided in accordance with the NBMC.
Evidence both written and oral was presented to and considered by the Planning
Commission during the aforesaid hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. Pursuant to CEQA, Public Resources Code Section 21000, et seq., the CEQA
Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.), and City Council
Policy K-3, the Project could have a significant effect on the environment, and thus
warranted the preparation of an Environmental Impact Report ("EIR").
2. On February 11, 2014, the City Council adopted Resolution No. 2014-10 certifying the
Final Environmental Impact Report No. ER2012-003 (SCH No. 2012101003) to be in
compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K-3
(Certified EIR).
3. Pursuant to CEQA Guidelines Sections 15162 and 15164, if changes occur to a
project or its circumstances, or if new information becomes available after certification
of an EIR, an addendum to the certified EIR may be prepared when the City is not
required to prepare a subsequent environmental impact report to review the changes
or new information.
4. The City has prepared an Addendum to the Certified EIR, consistent with the
requirements of CEQA, for the Back Bay Landing project to analyze the potential
differences between the impacts in the Certified EIR and those that would be
associated with the requested modifications to the Amendments resulting from the
Coastal Commission's action.
5. After thoroughly considering the Certified EIR, and the public testimony and written
submissions, if any, of all interested persons desiring to be heard, the Planning
Commission finds the following facts, findings, and reasons to support adopting the
Addendum:
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a. The certified EIR reviews the existing conditions of the City and project vicinity;
analyzes potential environmental impacts from implementation of the
development; and identifies mitigation measures to reduce potentially
significant impacts from implementation of the development.
b. The modified project does not increase development density or associated
impacts beyond the levels considered in the Certified EIR.
C. Since the certification of the EIR in 2014, no substantial changes have occurred
with respect to the circumstances under which the EIR was certified for the
project.
d. Since the certification of the EIR in 2014, no substantial changes to the
environmental setting of the project site have occurred.
e. Since the certification of the EIR in 2014, no new information of substantial
importance has become available that was not known and that could not have
been known with the exercise of reasonable diligence at that time of adoption.
Thus, no new information indicates that:
(i) The project will have one or more significant effects not discussed in the
Certified EIR;
(ii) Significant effects from the project will be substantially more severe than
identified in the Certified EIR;
(iii) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the City declines to adopt the
mitigation measures or alternatives; or
(iv) Mitigation measures or alternatives that are considerably different from
those analyzed in the Certified EIR would substantially reduce one or
more significant effects on the environment, but the City declines to
adopt the mitigation measures or alternative.
f. Since no substantial changes to the circumstances or environmental setting
have occurred, and since no new information relating to significant effects,
mitigation measures, or alternatives has become available, the project does not
require additional environmental review, consistent with CEQA Guidelines
section 15162.
g. Based on these findings, the Certified EIR and Addendum, the Planning
Commission has determined that no subsequent environmental impact report is
required or appropriate under CEQA Guidelines sections 15162 and 15164.
The Addendum therefore satisfies CEQA's environmental review requirements
for the project as proposed by the applicant.
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h. The Addendum, which the City prepared to evaluate whether the modified
project would cause any new or potentially more severe significant adverse
effects on the environment, specifically analyzed, in addition to several other
potential impacts, potential impacts related to aesthetics, air quality, noise and
land use.
Based on the facts and analysis contained in the Addendum, the Planning
Commission finds that the modified project will not have, when compared to the
Certified EIR, any new or more severe adverse environmental impacts.
j. The modified project will not result in any new or more severe significant
impacts which are individually limited, but cumulatively considerable, when
viewed in connection with planned or proposed development in the immediate
vicinity.
k. These factual findings are based on the Certified EIR, Addendum, and all
documents referred in or attached to it, the submissions of the applicant, the
records and files of the City's Community Development Department related to
the project, and any other documents referred to or relied upon by the Planning
Commission during its consideration of the project on March 3, 2016.
I. The Planning Commission has considered the Certified EIR and the
Addendum, and has concluded that the Addendum reflects the independent
judgment of the City.
M. The Planning Commission finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys'
fees in such challenges. As project applicants are the primary beneficiaries of
such approvals, it is appropriate that such applicants should bear the expense
of defending against any such judicial challenge, and bear the responsibility for
any costs, attorneys' fees, and damages which may be awarded to a successful
challenger.
SECTION 3. FINDINGS,
1. Amendments to the General Plan and Coastal Land Use Plan are legislative acts.
Neither the City nor State Planning Law set forth any required findings for either
approval or denial of such amendments.
2. The proposed project is consistent with the goals and policies of the Newport Beach
General Plan and Coastal Land Use Plan. The Planning Commission concurs with the
conclusion of the consistency analysis of the proposed project with these goals and
policies provided in the Certified EIR and Addendum.
3. Code Amendments are legislative acts. Neither the City Municipal Code nor State
Planning Law set forth any required findings for either approval or denial of such
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amendments, unless they are determined not to be required for the public necessity
and convenience and the general welfare.
4. The suggested modifications to the CLUP amendment and the corresponding and
consistent changes to the General Plan, Planned Community Development Plan, and
Zoning Code are minor in nature and do not change intended uses or increase
development intensity. The suggested modifications related to building height are
more restrictive than the previously approved CLUP and Planned Community
Development Plan amendments. The changes to the Amendments do not represent a
significant change to the Back Bay Landing project.
5. Findings and facts in support of such findings for the approval of the revised Lot Line
Adjustment in accordance with NBMC Section 19.76.020 are provided in Exhibit F.
SECTION 4. DECISION.
1. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of
Newport Beach hereby recommends to the City Council acceptance of Coastal
Commission suggested modifications and approval and adoption of:
a. General Plan Amendment No GP2011-011, attached hereto as Exhibit B and
incorporated herein by reference; and
b. Coastal Land Use Plan Amendment No. LC2011-007, attached hereto as
Exhibit C and incorporated herein by reference; and
C. Code Amendment No. CA2013-009, attached hereto as Exhibit D and
incorporated herein by reference; and
d. Planned Community Development Plan Adoption No. PC2011-001, attached
hereto as Exhibit E and incorporated herein by reference; and
e. Line Adjustment No. LA2016-003, attached hereto as Exhibit G and
incorporated herein by reference, and subject to the conditions set forth in
Exhibit H, which is attached hereto and incorporated herein by reference; and
f. The Addendum prepared for the Certified EIR for this Project, consistent with
the requirements of CEQA.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF MARCH, 2016.
AYES: Hillgren, Koetting, Kramer, Zak and Weigand
NOES: None
ABSTAIN: Brown and Lawler
ABSENT: None
Planning Commission Resolution No. 2015
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Planning Commission Resolution No. 2015
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 3 OF PARCEL MAP NO. 93-111, IN THE CITY OF NEWPORT BEACH, COUNTY
OF ORANGE STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 278, PAGES
40 TO 45M INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, AS CORRECTED BY THAT CERTAIN CERTIFICATE OF CORRECTION
RECORDED JUNE 6, 1994 AS INSTRUMENT NO. 94-380365 OF OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA. BEING A SUBDIVISION OF LOTS 1 AND 2 OF TRACT
NO. 7953, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 310, PAGES 7 TO 11
INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDED OF SAID COUNTY.
Planning Commission Resolution No. 2015
EXHIBIT B
GENERAL PLAN AMENDMENT NO GP2011-011
Consists of:
1. Amending Table LU2 of the Land Use Element of the General Plan to revise the project
site land use designation to MU -W2 and to include the following two new anomalies:
t6ble''AlAnomaly Locations:
Anomaly Statistical Land Use
Number Area Desi nation
Development
Limit st)
Development
Limit Other)
Additional
Information
80
K-1
MU -W2
Nonresidential
For mixed-use
development:
development,
131,290 sf
residential floor area
shall not exceed a
Mixed-use
49 residential units
1:1 ratio to
development:
nonresidenfial floor
171,288 sf
area
81
K-1
RM
296 residential
units
2. Amending the Land Use Map of the Land Use Element to identify the locations of
Anomaly Nos. 80 and 81 and to change the designation of a portion of the project site
(except for the area seaward of the mobile home park described further below)
designated as Recreational and Marine Commercial (CM 0.5) to Mixed -Use Water -
Related (MU -W2) and the 0.387 -acre lot line adjustment area designated as Multiple Unit
Residential (RM) to MU -W2. The land use designation over the strip of land seaward
of the mobile home development shall remain Recreation and Marine Commercial
(CM -13) as it is currently designated.
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Planning Commission Resolution No. 2015
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Planning Commission Resolution No. 2015
EXHIBIT C
COASTAL LAND USE PLAN AMENDMENT NO. LC2011-007
Consists of:
1. Amending Chapter 2.0 (.and Use and Development) of the Coastal Land Use Plan to
include the following sections and policies (deletions illustrated in str4leA�t�l additions
illustrated in underline) :
2.9.9 Back Bav Landin
Located at 300 East Coast Highway at the northwesterly corner of the intersection of East
Coast Highway and Bayside Drive, the Back Bay Landing site is an approximately 7 -acre
privately -owned site adjacent to the Upper Newport Bay. The site is the landside portion of
Parcel 3 of Parcel Map 93-111 and is currently improved with existing structures and paved
areas utilized for outdoor storage space of RVs and small boats, parking and restrooms
facilities for the Bayside Marina a kayak rental and launch facility, parking and access to
Pearson's Port seafood market, and marine service equipment storage under the Coast
Highway Bridge.
The site would accommodate the development of an integrated, mixed-use waterfront prof ct
consisting of coastal dependent and coastal related visitor -serving commercial and
recreational uses allowed in the current CLOP CMA and CM -B designation, while allowing for
mixed-use structures with residential uses above the ground floor. Residential development
would be contingent upon the development of the above -referenced marine -related and
visitor -serving commercial and recreational facilities on the ground floor, including a boat
storage facility. The public bayfront promenade shall be continuous along the waterfront and
connect the sidewalks along East Coast Highway at one end (west, fo and along the shoreline
of Back Bay Landing, then continuing along a waterfront accessway .that is adjacent to the
mobile home development located on Parcel 2 of Parcel Map 93-111) and then to the bike and
waterfront pedestrian access at the Newport Dunes recreation area at the other end (east
Bike lanes and pedestrian access will be provided along Bayside Drive from the intersection of
Bayside Drive/East Coast Highway intersection running northerly to the terminus of Bayside
Drive at the Newport Dunes recreation area as shown on Coastal Access Map 3-1 and
Bikeways and Trails: Map 2. These public bike and pedestrian improvements shall occur prior
to or concurrent with any new development at Back Bay Landing.
Policy 2.9.9-9
The Back Bay Landing site shall be developed as a unified site with coastal -dependent,
coastal -related, and visitor -serving development as priority uses, with residential uses allowed
above the .ground floor only.
The Mixed -Use Water Related — MU -W category is applicable to the projectLs) site; if is
intended to provide for commercial development on or near the bay in a manner that will
encourage the continuation of coastal -dependent and coastal -related uses and visitor-servin
uses, as well as allow for the development of mixed-use structures with residential uses above
the .ground floor. Freestanding residential uses shall be prohibited. Overnight
accommodations (e..q. hotels, motels, hostels) are allowed. Limited Use Overnight Visitor
Accommodations (e.g. time shares, fractionals, condominium -hotels) may be permitted in lieu
of allowable residential development provided the use is above the ground floor. A minimum
Planning Commission Resolution No. 2015
floor area to land area ratio of 0.25 and a maximum of 0.5 shall be used for non-residential
uses. The amount of residential floor area shall not exceed the amount of non-residential floor
area (commercial plus boat storage).
The site shall be limited to a maximum floor area to land area ratio as established in General
Plan Land Use Element Anomaly Cap No. 80.
The boat storage, public promenade and public plazas, shall, as priority uses, be sited
adjacent to the bayfront, with the public launch area and boat storage on the
westernlnorthwestern bayfront edge of the site, adjacent to the existing Pearson's Port
seafood market. A seafood market is planned to be preserved as a priority visitor-
servinq/coastal-related commercial use.
A public coastal access proposal shall be submitted with any coastal development permit
application for Parcel 3 (Back Bay Landing) which shall incorporate amenities that assure
access for the public, including the development of a public pedestrian promenade along the
bayfront (as described in Policy 2.1.9-2); bikeways with connections to existing regional trails
and paths; boat storage; a public launch area for non-trailered, non -motorized watercraft;
public access parking; marina parking; public restrooms; and public plazas and open spaces
that provide public views, view corridors, and new coastal view opportunities.
Bayside Drive shall be improved on both sides with a new Class 2 (on -street) bike lane up to
Bayside Way and a new Class 3 (shared -use) bikeway east of Bayside Way, A Class 1 (off-
oriainatina at the Bayside DrivelEast Coast Hiahwav intersection and running northerly to the
terminus of Bayside Drive at the New Dunes recreation area to accommodate both cyclists
and pedestrians. This improvement shall serve as an enhanced link between the new public
bayfront promenade and the existing City and County trail systems and the Newport Dunes
recreation area.
The site shall be developed as a unified site to prevent fragmentation and to assure each
use's viability, quality, and compatibility with adjoining uses. Development shall be designed
and planned to achieve a high level of architectural quality with pedestrian, non -automobile
and vehicular circulation and adequate parking provided.
Policy 2.9.9-2
A_ public bayfront pedestrian promenade shall be continuous along the waterfront and connect
the sidewalks along East Coast Highway at one end (west), to and alonq the shoreline of Back
Bay Landing, then continuing along a waterfront accessway that is adlacent to the mobile
home development located on Parcel 2 of Parcel Map 93-111 and then connecting to the
waterfront pedestrian access at the Newport Dunes recreation area at the other end (east).
These public access improvements shall be provided and made available for public use
concurrent with the development of the Back Bay Landing site. Restrictions on the hours of
public access, if any, and landscape improvements shall only be established if they are
approved as part of a coastal development permit for development of Back Bay Landing.
Policy 2.9.9-3
As a condition of approval on any coastal development permit issued for development of the
Back Bay Landing site, the applicantllandowner shall record a public easement, or an Offer to
Dedicate (OTD,) a public access easement, across the entire width and length of the public
Planning Commission Resolution No. 2015
accessways described in Policy 2.9.1-2, including over the marina accessway adjacent to the
mobile home development and also across the private beach/submerged fee owned land
located on Parcel 3 of Parcel Map 93-111, and across any portion of Parcel 2 underlying the
private beach or marina access way necessary to provide sufficient width to complete a
continuous, connected, bayfront walkway.
Policy 2.9.9-4
A site-specific hazards assessment of the potential for erosion, flooding and/or damage from
natural forces including, but not limited to, tidal action, waves, storm surge, or seiches,
prepared by a licensed civil engineer with expertise in coastal processes, shall be submitted
as part of any coastal development permit application for Parcel 3 (Back Bay Landing). The
conditions that shall be considered in a hazards analysis are: a seasonally eroded
beach/shoreline combined with long-term (75 years) erosion; high tide conditions, combined
with long-term (75 year) projections for sea level rise using the best available science: storm
waves from a 100 -year event or a storm that compares to the 1982/83 EI Niiao event.
Policy 2.9.9-5
Require any coastal development permit application for Parcel 3 (Back Bay Landing) to
develop and implement a shoreline management plan for the development and shoreline
areas subject to tidal action, flooding, wave hazards and erosion. The shoreline management
plan shall incorporate measures to adapt to sea level rise over time and provide for the long
term protection and provision of public improvements, coastal access, public, opportunities for
coastal recreation, and coastal resources including beach and shoreline habitat.
2.9.9 90 Coastal ,Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use category for each property and is
intended to provide a graphic representation of policies relating to the location, type, density,
and intensity of all land uses in the coastal zone.
Policy 2.9,9-90-9
Land use and new development in the coastal zone shall be consistent with the Coastal Land
Use Plan Map and all applicable LCP policies and regulations.
2. Except for the area seaward of the mobile home park described further below,
amending Figure 2.1.7-1 of the Coastal Land Use Plan to change the designation of the
existing 6,028 -acre portion of the project site designated as Recreational and Marine
Commercial (CM -B) to Mixed -Use Water Related (MU -W) and the 0.387 -acre lot line
adjustment area designated as Multiple Unit Residential (RM -C) to MU -W. The land use
designation over the strip of land seaward of the mobile home development shall
remain Recreation and Marine Commercial (CM -B) as it is currently designated.
3. Amending CLUP Coastal Access and Recreation Map 3-1 to illustrate the proposed
bayfront promenade as a future waterfront public access trail and Bikeways and Trail
Map 2 to illustrate the proposed bike lane and trail improvements on Bayside Drive.
Planning Commission Resolution No. 2015
M
M v I U -W U
CG -A
Lana
Lot Line Adjustment Area:
Multi -Unit Residential (RM -C) to
o RM
Mixed Use Water Related (MU- _c
0 200 400
LC2011-007 (PA2011-216) Feet
Coastal Land Use Plan Amendment
"IF
300 Coast Hwy E N�
Document Name: PA2011-216—LC2011-007—Reso—Exhibit
Planning Commission Resolution No. 2015
fA Coastal Access
and Recreation:
I Mag 3-1
(Map 3 of 3)
♦�W. rURNINO LEGEND
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Coastal Land Use Plan 3-40oAP3-1LCP05AccessRecHarb.mxd December / 2005
UPPER
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Class 1
Bicycle Trail - Off-street or sidewalk facility designated
for bicycle and pedestrian use.
PACIFIC OCEAN
Class 2 °R°"
Bicycle Lane - A lane in the street, normally the parking NEWPORT
lane, or a separate lane, striped and signed —0 -
for the exclusive or semi -exclusive use of �..
bicycles.
Class 3
Bicycle Route -Shared facilities. Signed -only routes.
Class 4
Bicycle Path - A dirt pathway designated for the use of bicycles
which is physically separated from motor vehicle
traffic.
City of Newport Beach, California
NEWPORT
v RIDGE
COAST
Bikeways and Trails:
LEGEND
Trail Types
Class 1
1
j
Class 3
t%op
Class 4
Equestrian Trail
r�
Potential Equestrian Trail
'"..
Coastal Zone Boundary
I �
K
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i
CRYSTALCOVE
1
STATE PARK
� J
I
I
Bikeways and Trails:
1
Miles
LEGEND
Trail Types
Class 1
Class 2
Class 3
t%op
Class 4
Equestrian Trail
Potential Equestrian Trail
'"..
Coastal Zone Boundary
City Boundary
K
Public Beach or Park
1
Miles
Planning Commission Resolution No. 2015
EXHIBIT D
CODE AMENDMENT NO. CA2013-009
Consists of:
Amending the Zoning Map of the Newport Beach Zoning Code (Title 20) to expand the
boundaries of PC -9 to include: 1) the 0.387 -acre lot line adjustment area currently zoned
as Bayside Village Mobile Home Park Planned Community (PC-1/MHP); and, 2) the
existing 0.642 -acre portion of the project site currently zoned as Recreational and Marine
Commercial (CM).
Planning Commission Resolution No. 2015
Zone Change
Zone Cha Lot Line Adjustment
nge
Commercial Recreational and Marine Planned Community/
(CM 0.3 FAR) to Mobile Home Park Overlay (PC -MHP) to
7, Planned Community Planned Community (PC)
PC
- MHP
CM
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1 9�
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0 200 400
p4�Ewpo CA2013-009 (PA2011-216) Feet
F. Zoning Code Amendment e
v �
c4Z,01,300 Coast Hwy E
Document Name: PA2011-216 CA2013-009 Ord Exhibit
Planning Commission Resolution No. 2015
EXHIBIT E
PLANNED COMMUNITY DEVELOPMENT PLAN ADOPTION PC2011-001
Consists of:
1. Draft Back Bay Landing Planned Community Development Pian dated April 26, 2016,
which consists of the following sections:
a Introduction and Purpose
a Development Limits and Land Use Plan
a Permitted Uses
a Development Standards
a Design Guidelines
a Phasing
a Implementation/Site Development Review
a Definitions
2. Superseding Use Permit Nos. UP1481, UP1667, and UP1943, which currently
comprise PC -9.
Exhibit E is available for review at the Planning Division of Community Development
Department or at http://www.newportbeachca.gov/index.aspx?page=2311
PLANNING COMMISSION RESOLUTION NO. 2015
Back Bay Landing
PLANNED COMMUNITY
DEVELOPMENT PLAN (PC -9)
Prepared February 11, 2014
Adopted February 25, 2014, Ordinance No. 2014-4 (PA2011-216)
Amended April 26, 2016, Ordinance No. 2016-_
PLANNING COMMISSION RESOLUTION NO. 2015
TABLE OF CONTENTS
SECTION Page Number
1. Introduction and Purpose of the Planned Community
Development Plan(PCDP)............................................................................. 1
2. Development Limits and Land Use Plan ......................................................... 4
3. Permitted Uses............................................................................................... 7
4. Development Standards................................................................................. 8
5. Design Guidelines.......................................................................................... 21
6. Phasing.......................................................................................................... 29
7. Back Bay Landing PCDP Implementation/Site Development Review ............ 30
8. Definitions....................................................................................................... 34
TABLE Page Number
1. Development Limits by Planning Area............................................................ 4
2. Permitted Uses............................................................................................... 7
3. Parking Requirements.................................................................................... 13
EXHIBIT (See Appendix) Page Number Reference
1. Location Map.................................................................................................. 1
2. Planning Areas............................................................................................... 1
3. Building Heights.............................................................................................. 10
4. Seawall/Bulkhead Section.............................................................................. 14
5. Public Spaces................................................................................................. 16
6. Coastal Access and Regional Trail Connections ............................................ 16
7. Vehicular Circulation....................................................................................... 17
Back Bay Landing PCDP ii
PLANNING COMMISSION RESOLUTION NO. 2015
TABLE OF CONTENTS
(Continued)
EXHIBIT (See Appendix) Page Number Reference
8. Revised Vehicular Circulation and Parking ..................................................... 17
9. Utilities Plan.................................................................................................... 19
10. Drainage Plan................................................................................................. 19
11. Architectural Theme....................................................................................... 22
12. Conceptual Site and Landscape Plan............................................................. 22
13. East Coast Highway View Corridors............................................................... 22
14. Parking Plan................................................................................................... 26
Back Bay Landing PCDP iii
PLANNING COMMISSION RESOLUTION NO. 2015
LIST OF ACRONYMS
ABC
California State Department of Alcoholic Beverage Control
CDP
Coastal Development Permit
CLUP
Coastal Land Use Plan
CM
Recreational and Marine Commercial
CUP
Conditional Use Permit
ESA
Environmental Study Area
ESHA
Environmentally Sensitive Habitat Area
LID
Low Impact Development
HHW
Highest High Water
MLLW
Mean Lower Low Water
MU -W2
Mixed -Use Water -Related 2 (General Plan Designation)
MU -W
Mixed -Use Water -Related (CLUP Designation)
NAVD 88
North American Vertical Datum of 1988
OCSD
Orange County Sanitation District
OCTA
Orange County Transportation Authority
PC -9
Back Bay Landing Planned Community
PCDP
Planned Community Development Plan
WQMP
Water Quality Management Plan
Back Bay Landing PCDP iv
PLANNING COMMISSION RESOLUTION NO. 2015
I. Introduction and Purpose of the Planned
Community Development Plan (PCDP)
A. Introduction
The Back Bay Landing site is envisioned to be developed as an integrated,
mixed-use waterfront village on an approximately 7 -acre portion of a 31.5 -acre
parcel located adjacent to the Upper Newport Bay in the City of Newport Beach.
The City of Newport Beach Municipal Code allows a Planned Community
Development Plan (PCDP) to address land use designations and regulations in
Planned Communities. The Back Bay Landing PCDP serves as the controlling
zoning ordinance for the site and is authorized and intended to implement the
provisions of the Newport Beach General Plan and Coastal Land Use Plan.
The Back Bay Landing PCDP Design Guidelines provide a comprehensive vision
of the physical implementation of the project and have been drafted to assist the
City and community to visualize the architectural theme and desired character of
the development.
B. Project Location
The Back Bay Landing Planned Community (PC -9) is located within the City of
Newport Beach, in Orange County, California. The approximately 7 -acre primary
project area is generally located north of East Coast Highway and northwest of
Bayside Drive in the western portion of the City, as shown on Exhibit 1, Location
Map. The project area is bounded by the Upper Newport Back Bay to the north
and west, the Newport Dunes Waterfront Resort and the Bayside Village Mobile
Home Park to the east, East Coast Highway and various marina commercial and
restaurant uses south of the Highway to the southeast. As shown on Exhibit 2,
Planning Areas, the Back Bay Landing Planned Community is comprised of five
distinct Planning Areas: Mixed -Use Area (PA 1), Recreational and Marine
Commercial (PA 2), Existing Private Marina Access and Beach (PA 3), Marina
and Bayside Village Mobile Home Park Storage and Guest Parking (PA 4), and
Submerged Fee -Owned Lands (PA 5).
C. Purpose and Objectives
The purpose of the PCDP is to establish appropriate zoning regulations
governing land use and development of the site consistent with the City of
Newport Beach General Plan and Coastal Land Use Plan. The PCDP provides a
vision for the land uses on the site, sets the development standards and design
guidelines for specific project approvals at the Site Development Review and
Coastal Development Permit (CDP) approval stage, and regulates the long term
operation of the developed site.
Back Bay Landing PCDP
PLANNING COMMISSION RESOLUTION NO. 2015
Implementation of the PCDP will:
- Provide a high quality mixed-use, marine -related, visitor -serving
commercial development with integrated residential units and a unified
architectural and landscape theme.
- Implement the MU -W2 (Mixed Use Water -Related 2) General Plan and
MU -W (Mixed Use Water Related) Coastal Land Use Plan categories on
an underutilized bayfront location in a manner that provides for
commercial development on or near the bay in a manner that will
encourage the continuation of coastal -dependent and coastal -related land
uses and visitor -serving uses, as well as allow for the development of
mixed-use structures with residential uses above the ground floor.
Freestanding residential uses shall be prohibited.
- Maintain and expand core coastal dependent and coastal -related land
uses, including the development of marina parking and enclosed dry stack
boat storage and launching facility.
- Provide new housing opportunities in response to demand for housing,
reduce vehicle trips and encourage active lifestyles by increasing the
opportunity for residents to live in proximity to jobs, services,
entertainment, and recreation.
- Protect and enhance significant visual resources from identified public
vantage points, such as Coast Highway, Castaways Park, and Coast
Highway -Bay Bridge, to the bay and the cliffs of upper Newport Beach
through view corridors designed into the project. New public view
opportunities will be created on-site.
- Expand bayfront access to and along the bay where it does not exist at
the present time, in a manner that protects environmental study areas
(ESA) and/or environmentally sensitive habitat areas (ESHA) and does
not adversely impact existing private residences adjacent to the site.
- Provide continuous public coastal access with a new minimum 12 -foot -
wide bayfront access promenade along the bayfront edge of Planning
Areas 1, 2, and 3. This new, public bayfront promenade will link the public
docks and marina property south of the Coast Highway -Bay Bridge along
the bayfront, to the Newport Dunes recreational area. In addition, bike
lanes and pedestrian access will be provided along Bayside Drive from the
intersection of Bayside Drive/East Coast Highway intersection running
northerly to the terminus of Bayside Drive at the Newport Dunes
recreational area.
Back Bay Landing PCDP 2
PLANNING COMMISSION RESOLUTION NO. 2015
D. Relationship to the Newport Beach Municipal Code
Whenever the development regulations contained in this PCDP conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in
this PCDP shall take precedence. The Municipal Code shall regulate all
development within the PCDP when such regulations are not provided within the
PCDP. All construction within the Back Bay Landing PCDP (PC -9) shall be in
compliance with the California Building Code, California Fire Code, and all other
ordinances adopted by the City pertaining to construction and safety features. All
words and phrases used in this Back Bay Landing PCDP shall have the same
meaning and definition as used in the City of Newport Beach Zoning Code unless
defined differently in Section VIII, Definitions.
E. Relationship to Design Guidelines
Development within the site shall be regulated by both the Development Plan
and the Design Guidelines.
Back Bay Landing PCDP 3
PLANNING COMMISSION RESOLUTION NO. 2015
II. Development Limits and Land Use Plan
The development limits in this Development Plan are consistent with those established
by the General Plan and are identified in the following Table 1, Development Limits by
Planning Area. Parking structures, carts, kiosks, temporary and support uses are
permitted and are not counted towards square footage development limits. In addition,
the OCSD wastewater pump station shall not be counted towards square footage
development limits.
Table 1
Development Limits by Planning Area''2
Land Use
Planning
Planning
Planning
Planning
Planning
Total Per
Area 1
Area 2
Area 3
Area 4
Area 5
Land Use
Commercial
49,144 sf
8,390 sf
0
4,000 sf
0
61,534 sf
Residential
49 du
0
0
0
0
49 du
(85,644 sf)
(85,644 sf)
Marina
0
0
0
0
220 wet
220 wet slips
slips
Dry
32,500 sf
32,500 sf
BoStack
Storage
(140 spaces)
0
0
0
0
(140 spaces)
TOTAL
179,679 SF
Notes:
(1) All limits expressed as "sF are gross square feet as defined in the Newport Beach Zoning Code.
(2) Development limits are subject to General Plan Land Use Plan and Table LU2, Anomaly Caps.
A. Planning Area 1 — Mixed -Use Area
The primary land -side parcel immediately north of East Coast Highway to the
northwest is intended to allow commercial development on or near the bay in a
manner that will encourage the continuation of coastal -dependent and coastal -
related land uses and visitor -serving uses, as well as allow for the development
of mixed-use structures with residential uses above the ground floor.
Freestanding residential uses shall be prohibited.. Priority uses include retail,
restaurants, boat storage, marine and boat sales, boat rentals, boat
service/repair, and recreational commercial uses such as kayak and paddle
board rentals.
Back Bay Landing PCDP 4
PLANNING COMMISSION RESOLUTION NO. 2015
The total gross floor area of Planning Area 1 shall be limited to 49,144 square
feet of marine -related and visitor -serving commercial and recreational uses; a
new 32,500 -square foot full-service and fully enclosed dry stack boat storage (up
to a maximum of 140 boat spaces) and launching facility; and a maximum of 49
residential units within a maximum of 85,644 square feet of residential floor area.
Development shall incorporate amenities that assure bayfront access for coastal
visitors, including the development of a minimum 12 -foot -wide public pedestrian
and bicyclist promenade along the waterfront with connections to existing
regional trails and paths, an enclosed dry stack boat storage facility, public
plazas and open spaces that provide public views and view corridors, and
construction of a coastal public view tower.
Any mixed-use development that includes integration of residential units shall be
subject to the following additional development limitations:
1. A minimum of 50 percent of the total proposed gross floor area located
within Planning Area 1 shall be limited to non-residential uses. This
non-residential use may consist of any combination of visitor -serving
retail, restaurants, marine boat sales, office, and/or enclosed dry stack
boat storage.
2. At minimum, a total of 68,955 square feet of non-residential gross floor
area shall be developed within Planning Area 1 and 4.
3. The enclosed boat storage, public promenade and public plazas shall
be sited adjacent to the bayfront, with public launch area and boat
storage on the western/northwestern bayfront edge of the site,
adjacent to the existing Pearson's Port seafood market. .
B. Planning Area 2 - Recreational and Marine Commercial
Planning Area 2 is located immediately south of the Coast Highway -Bay Bridge
and is intended to be developed with recreational and marine -related commercial
uses. The total gross floor area of Planning Area 2 shall be limited to 8,390
square feet.
Development shall incorporate a minimum 12 -foot -wide public pedestrian and
bicyclist promenade along the waterfront with connections to existing and/or
planned regional trails and paths, and open spaces that provide public views and
view corridors. An integrated connection to the planned public/private marina,
pier, and trail to the south shall be developed.
Back Bay Landing PCDP 5
PLANNING COMMISSION RESOLUTION NO. 2015
C. Planning Area 3 — Existing Private Marina Access and
Beach
Planning Area 3 consists of an existing narrow strip of private marina access
walkway and non -publicly accessible beach area located between the Bayside
Village Mobile Home Park and Bayside Marina, which provides marina lessee
access to private boat slips and docks. Development shall incorporate a
minimum 12 -foot -wide public pedestrian and bicyclist promenade within the
existing marina access walkway and also across the private beach/submerged
fee owned land with the width necessary to complete a continuous connection to
the existing or planned regional trails and paths, and to the Newport Dunes
recreational area. Allowed improvements shall be limited to public promenade,
guardrails, seawall/bulkhead replacement, landscaping, screening and lighting.
No other development shall occur within this walkway and the beach area.
D. Planning Area 4 — Marina and Bayside Village Mobile Home
Park Storage and Guest Parking
Planning Area 4 is a narrow strip of land located on the eastern project boundary
and development shall be limited to a gross floor area of 4,000 square feet. This
area is intended to be re -used primarily as standard sized parking for residents
and guests of the Bayside Village Mobile Home Park. Additional standard sized
parking will be provided for the Bayside Village Marina tenants. New
replacement storage, replacement restrooms, laundry facilities and lockers will
be built for the Bayside Village Mobile Home Park and Marina tenants. A new
replacement gate entry for this area is allowed. Development shall incorporate a
minimum 12 -foot -wide public pedestrian and bicyclist promenade with the width
necessary to complete a continuous connection to the existing or planned
regional trails and paths, and to the Newport Dunes recreational area. No other
uses shall be allowed in this storage/parking/facilities area.
E. Planning Area 5 - Submerged Fee -Owned Lands
This fee -owned submerged land area consists of an existing 220 -slip marina and
is bordered by the earthen De Anza Bayside Marsh Peninsula. The De Anza
Bayside Marsh Peninsula was originally constructed with dredging spoils and rip -
rap as fill to provide a protected harbor and overflow parking for the Bayside
Marina. No new development shall occur within the De Anza Bayside Marsh
Peninsula. A small gravel parking and access road currently exists on the
eastern portion of the peninsula and is used for overflow parking for the marina.
The existing gravel parking lot shall not be expanded in area or paved; however,
maintenance activities shall be permitted. The marina shall be regulated by Title
17 of the Newport Beach Municipal Code.
Back Bay Landing PCDP 6
PLANNING COMMISSION RESOLUTION NO. 2015
III. Permitted Uses
Permitted uses are those uses set forth in this Section for each Planning Area as shown
on Table 2, Permitted Uses. The uses identified within the table are not comprehensive
but rather major use categories. Specific uses are permitted consistent with the
definitions provided in Section VIII of this PCDP. Uses determined to be accessory or
ancillary to permitted uses, or uses that support permitted uses are also permitted. The
Community Development Director may determine other uses not specifically listed
herein are allowed, provided they are consistent with the purpose of this PCDP,
Planning Areas, and are compatible with surrounding uses. The initial construction of
any new structure, or the significant reconstruction or major addition, shall be subject to
Site Development Review pursuant to Section VII of this PCDP.
Back Bay Landing PCDP 7
Table 2
Permitted Uses
Uses
Planning Areas
Planning
Area 1
Planning
Area 2
Planning
Area 3
Planning
Area 4
Planning
Area 5
Commercial Recreation and
Entertainment
CUP
-
-
-
-
Cultural Institution
P
P
-
-
-
Eating and Drinking Establishments
Bar, Lounge, and Nightclubs
-
- - - -
Fast Food (No Drive Thru)
P*
- - - -
Food Service, No Late Hours
P*
- - - -
Food Service, Late Hours
CUP
- - - -
Take -Out Service, Limited
P
P - - -
Take -Out Service, Only
P
P - - -
Marina
-
- - - MC Title 17
Marina Support Facilities
P
P - P -
Marine Rentals and Sales
Marine Retail Sales
P
P -
-
-
Boat Rentals and Sales
MUP
MUP -
-
-
Marine Services
MUP
MUP -
-
-
Entertainment and Excursion
Vessels
CUP
- -
-
-
Office
P
P -
-
-
Personal Services
General
P
- - - -
Restricted
MUP
- - - -
Residential (Located above 1st floor)
P
- - - -
Visitor -Serving Retail
P*
P* - - -
Utilities
Wastewater Pump Station
P
P F- - -
P=Permitted
CUP=Conditional Use Permit
MUP=Minor Use Permit
*=A Minor Use Permit is required for the sale of alcohol
-= Not Permitted
Back Bay Landing PCDP 7
PLANNING COMMISSION RESOLUTION NO. 2015
IV. Development Standards
The following site development standards shall apply:
A. Setback Requirements
Setbacks are the minimum distance from the property line to building or
structure, unless otherwise specified.
1. Street Setback
a) East Coast Highway - 0 feet (provided a minimum 10 -foot
landscape buffer is provided to the back of sidewalk)
b) Coast Highway Bridge - 20 feet to edge of bridge (public
access connections, kayak/paddleboard rentals, storage, and
launch uses may be permitted within this setback and beneath
the bridge, subject to Site Development Review).
c) Bayside Drive - 5 feet
2. Perimeter Setback
a) Abutting Non-residential - 0 feet
b) Abutting Existing Residential - 25 feet, except:
In Planning Area 1, public restrooms and marina lockers
may provide a minimum 5 -foot setback.
ii. In Planning Area 4, a minimum 5 -foot setback may be
provided.
3. Bayfront Setback
a) Bulkhead - 15 feet from constructed bulkhead wall to allow for a
minimum 12 -foot -wide public bayfront promenade and a
minimum 3 -foot -wide landscape area.
b) No Bulkhead
In Planning Area 1, 15 feet from the Highest High Water
contour elevation noted as 7.86' above Mean Lower low
Water (0.0') or 7.48'/NAVD 88 to allow for a minimum 12 -
foot -wide public bayfront promenade and a minimum 3 -foot -
wide landscape area.
Back Bay Landing PCDP 8
PLANNING COMMISSION RESOLUTION NO. 2015
ii. In Planning Area 2, 15 feet from contour elevation 10 (NAVD
88) to allow for a minimum 12 -foot -wide public bayfront
promenade and a minimum 3 -foot -wide landscape area.
4. Setback Encroachments
a) Fences, Walls, and Hedges
Permitted within the Perimeter Setback Abutting Existing
Residential up to a maximum height of 8 feet.
ii. Within Bayfront Setback, see subsection c. below.
iii. Permitted in all other setback areas up to a maximum
height of 42 inches.
b) Architectural Features
Roof overhangs, brackets, cornices and eaves may
encroach 30 inches into a required Perimeter Setback
area, provided a minimum vertical clearance above grade
of 8 feet is maintained.
ii. Decorative architectural features (e.g., belt courses,
ornamental moldings, pilasters, and similar features) may
encroach up to 6 inches into any required Perimeter
Setback.
c) Bayfront Setback
Benches, sculptures, light standards, hedges, open
guardrails and safety features, and other similar features
that enhance the public bayfront promenade may
encroach into the bayfront setback, provided a 12 -foot -
wide clear path is maintained.
d) Other- Other encroachments may be permitted through the Site
Development Review.
B. Permitted Height of Structures
1. Building Height
The maximum allowable building height shall be 35 feet for structures with
flat roofs and 40 feet for structures with sloped roofs (minimum 3:12 pitch),
except as follows:
Back Bay Landing PCDP 9
PLANNING COMMISSION RESOLUTION NO. 2015
a) As illustrated on Exhibit 3, Building Heights, 100 feet from back of
curb along Bayside Drive within the eastern portion of Planning Area
1, maximum allowable building height shall not exceed 26 feet for
flat roofs and 31 feet for sloped roofs.
b) Within Planning Area 1, maximum allowable height for any parking
structure shall not exceed 30 feet for flat roofs and 35 feet for sloped
roofs.
c) Maximum allowable building height within Planning Area 2 shall not
exceed 26 feet for flat roofs and 31 feet for sloped roofs.
d) Within Planning Area 4, maximum allowable building height shall not
exceed 20 feet for flat roofs and 25 feet for sloped roofs.
e) All other exceptions to height shall be regulated pursuant to Section
20.30.060.D of the Newport Beach Municipal Code.
2. Grade for the Purposes of Measuring Height
a) Within Planning Area 1, height shall be measured from the
established baseline elevation of either 11 feet or 14 feet (NAVD 88)
as illustrated on Exhibit 3, Building Heights, or as determined by the
Sea Level Rise and Shoreline Management Plan.
b) Within Planning Area 2, height shall be measured from the
established baseline elevation of 12 feet (NAVD 88)
c) Within Planning Area 4, height shall be measured from the
established baseline elevation of 12 feet (NAVD 88)
C. Residential Units
1. Open Space
a) Common Open Space - A minimum of 75 square feet per dwelling
shall be provided for common open space (e.g., pool, patio, decking,
and barbecue areas, common meeting rooms, etc.). The minimum
dimension (length and width) shall be 15 feet. The common open
space areas shall be separated from non-residential uses on the site
and shall be sited and designed to limit intrusion by non-residents
and customers of non-residential uses. However, sharing of
common open space may be allowed, subject to Site Development
Review, when it is clear that the open space will provide a direct
Back Bay Landing PCDP 10
PLANNING COMMISSION RESOLUTION NO. 2015
benefit to project residents. Common open space uses may be
provided on rooftops for use only by project residents.
b) Private Open Space - Five percent of the gross floor area for each
unit. The minimum dimension (length and width) shall be 6 feet.
The private open space shall be designed and located to be used by
individual units (e.g., patios, balconies, etc.).
2. Non-residential Use Required on Ground Floor - All of the ground
floor frontage of a mixed-use structure shall be occupied by retail
and other compatible non-residential uses, with the exception of
common/shared building entrances for residences on upper floors.
3. Sound Mitigation - An acoustical analysis report, prepared by an
acoustical engineer, shall be submitted describing the acoustical
design features of the structure that will satisfy the exterior and
interior noise standards. The residential units shall be attenuated in
compliance with the report.
4. Buffering and screening - Buffering and screening shall be
provided in compliance with Municipal Code Section 20.30.020
(Buffering and Screening). Mixed-use projects shall locate loading
areas, parking lots, driveways, trash enclosures, mechanical
equipment, and other noise sources away from the residential
portion of the development to the greatest extent feasible.
5. Notification to owners and tenants - A written disclosure
statement shall be prepared prior to sale, lease, or rental of a
residential unit within the development. The disclosure statement
shall indicate that the occupants will be living in an urban type of
environment and that the noise, odor, and outdoor activity levels
may be higher than a typical suburban residential area. The
disclosure statement shall include a written description of the
potential impacts to residents of both the existing environment (e.g.,
noise from boats, planes, commercial activity on the site and
vehicles on Coast Highway) and potential nuisances based upon the
allowed uses in the zoning district. Each and every buyer, lessee, or
renter shall sign the statement acknowledging that they have
received, read, and understand the disclosure statement. A
covenant shall also be included within all deeds, leases or contracts
conveying any interest in a residential unit within the development
that requires: (1) the disclosure and notification requirement stated
herein; (2) an acknowledgment by all grantees or lessees that the
property is located within an urban type of environment and that the
noise, odor, and outdoor activity levels may be higher than a typical
suburban residential area; and (3) acknowledgment that the
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PLANNING COMMISSION RESOLUTION NO. 2015
covenant is binding for the benefit and in favor of the City of Newport
Beach.
6. Deed notification - A deed notification shall be recorded with the
County Recorder's Office, the form and content of which shall be
satisfactory to the City Attorney. The deed notification document
shall state that the residential unit is located in a mixed-use
development and that an owner may be subject to impacts, including
inconvenience and discomfort, from lawful activities occurring in the
project or zoning district (e.g., noise, lighting, odors, high pedestrian
activity levels, etc.).
D. Parking Requirements
1. General Standards
Parking requirements are shown in the following Table 3, Parking
Requirements, per land use. Kiosks for retail sales shall not be
included in the calculation of parking.
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PLANNING COMMISSION RESOLUTION NO. 2015
Table 3
Parking Requirements
Land Use Parking Ratio
Boat Rentals and Sales As established per MUP
Eating and Drinking 1 space per 30 to 50 SF of Net Public
Establishments Area*
Take -Out Service, Limited 1 space per 250 square feet
11 Marina Support Facilities 10.5 spaces per 1,000 SF
11 Marina Wet Slips 10.6 spaces per slip
Marine Services
Enclosed Dry Stack Boat 0.33 spaces per slip
Storage
Entertainment and 1 per each 3 passengers and crew
Excursion Services members or as required by MUP
Other As established per MUP
11 Office 1 1 space per 250 square feet
Medical Office 1 space per 200 square feet
Residential Units (Attached) 2 spaces per unit, plus
0.5 resident guest spaces per unit
Retail Sales 1 space per 250 square feet
Other Municipal Code
* Including outdoor dining, but excluding first 25% or 1,000 SF of outdoor
dining per restaurant, whichever is less.
2. Parking Management Plan
Off-street parking requirements may be reduced with the approval
of a Conditional Use Permit based upon complementary peak hour
parking demand of uses within the development. The Planning
Commission may grant a joint -use of parking spaces between uses
that result in a reduction in the total number of required parking
spaces in compliance with the following conditions:
a) The most remote space is located within a convenient distance
to the use it is intended to serve.
b) The probable long-term occupancy of the structures, based on
their design, will not generate additional parking demand.
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PLANNING COMMISSION RESOLUTION NO. 2015
c) The applicant has provided sufficient data, including a parking
study if required by the Director, to indicate that there is no
conflict in peak parking demand for the uses proposing to make
joint -use of parking facilities.
d) The property owners, if more than one, involved in the joint -use
of parking facilities shall record a parking agreement approved
by the Director and City Attorney. The agreement shall be
recorded with the County Recorder, and a copy shall be filed
with the Department.
e) A parking management plan shall be prepared to address
potential impacts associated with a reduction in the number of
required parking spaces.
3. Access, location, and improvements. Access, location, parking
space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas
Section of the Municipal Code.
E. Landscaping
A detailed landscape and irrigation plan shall be prepared by a licensed
landscape architect and submitted with the Site Development Review application.
All landscaping shall comply with the applicable landscaping requirements
specified in the Municipal Code, including the Landscaping Standards and
Water -Efficient Landscaping Sections. In addition, vegetated landscaped areas
shall only consist of native plants or non-native drought tolerant plants, which are
non-invasive. No plant species listed as problematic and/or invasive by the
California Native Plant Society, the California Invasive Plant Council, or as may
be identified from time to time by the State of California shall be employed or
allowed to naturalize or persist on the site. No plant species listed as a "noxious
weed" by the State of California or the U.S. Federal Government shall be utilized
within the property. All plants shall be low water use plants as identified by
California Department of Water Resources.
F. Seawall/Bulkhead Standards
As shown on Exhibit 4, Seawall/Bulkhead Section, a new bayfront
seawall/bulkhead may be constructed along the bayfront to protect existing and
future development, subject to the following:
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PLANNING COMMISSION RESOLUTION NO. 2015
1. Planning Area 1
a) Any new bulkhead structure shall not extend bayward beyond the
Highest High Water contour elevation of 7.86' relative to MLLW
(0.0') or 7.48'/NAVD 88 (see also applicable General Requirements
below) to preserve the shoreline profile.
2. Planning Area 2
a) Any new bulkhead structure shall not extend bayward beyond the
10' contour elevation (NAVD 88) to preserve the shoreline profile.
3. Planning Area 3
a) Maintenance, repair, and replacement of the existing bulkhead wall
shall be permitted to protect existing development.
b) Improvements are permitted to provide the required public access
connection across, over or around the private beach and intertidal
area and shall take into consideration and be consistent with
measures identified in the Sea Level Rise and Shoreline
Management Plan to adapt to sea level rise and to ensure the long
term protection of public improvements, coastal access and adjacent
existing residential areas.
4. Planning Area 4 and 5
a) No bulkheads shall be permitted.
5. General Requirements
a) The minimum top of bulkhead elevation shall be 10 feet (NAVD 88)
or a higher elevation if the Sea Level Rise and Shoreline
Management Plan requires a higher elevation to address sea level
rise.
b) Seawalls, bulkheads, revetments and other such construction that
alters the existing shoreline processes shall be permitted when
required to serve coastal -dependent uses or to protect existing
principal structures or public beaches in danger from erosion and
when designed to eliminate or mitigate adverse impacts on local
shoreline sand supply. In addition, such improvements shall only be
permitted when found consistent with applicable sections of the
Coastal Act and City's Coastal Land Use Plan policies.
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PLANNING COMMISSION RESOLUTION NO. 2015
c) Bulkheads shall be designed to provide access points to the
shoreline.
G. Diking, Filling, and Dredging Standards
The diking, filling, or dredging of open coastal waters, wetlands and estuaries
shall be permitted in accordance with applicable provisions of the Coastal Act
and City's Coastal Land Use Plan policies.
H. Public Bayfront Promenade and Trail
A continuous, minimum 12 -foot -wide bayfront access promenade shall be
constructed along the bayfront edge of Planning Areas 1, 2, and 3. This new,
public bayfront promenade will link the public docks and marina property south of
the Coast Highway -Bay Bridge along the bayfront and to the Newport Dunes
recreational, as illustrated in Exhibit 5, Public Spaces, and 6, Coastal Access and
Regional Trail Connections. The construction of the promenade shall include a
connection across the private beach/submerged fee owned land located within
Planning Area 3 necessary to complete a continuous path. The design details of
the public bayfront promenade shall be submitted with Site Development Review.
The public bayfront promenade shall comply with the following requirements:
1. An easement for public access shall be provided to the City along the entire
length of the proposed public bayfront promenade. The easement area shall
be maintained in good condition and repaired at no cost to the City.
2. The public bayfront promenade shall be accessible to pedestrians and
bicyclists, and shall extend along the waterfront under the Coast Highway -
Bay Bridge and shall connect to an existing trail system on the south side of
East Coast Highway.
3. The bayfront promenade shall interface with restaurants and outdoor dining
areas, the enclosed dry stack boat storage, public plaza, and marine boat
service areas to the maximum extent feasible. Amenities such as seating,
trash enclosures, lighting, and other pedestrian -oriented improvements shall
be provided along its length where appropriate, provided a 12 -foot -wide clear
path is maintained.
4. Bayside Drive shall be improved on both sides with a new Class 2 (on -street)
bike lane up to Bayside Way and a new Class 3 (shared -use) bikeway east of
Bayside Way. A Class 1 (off-street) bikeway and pedestrian trail will also be
provided on the east side of Bayside Drive that originates at the Bayside
Drive / East Coast Highway intersection and runs northerly to the terminus of
Bayside Drive, as shown on Exhibit 6, Coastal Access and Regional Trail
Connections, to accommodate both cyclists and pedestrians. This
improvement shall serve as an enhanced link between the new public
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PLANNING COMMISSION RESOLUTION NO. 2015
bayfront promenade and the existing City and County trail systems and the
Newport Dunes recreation area.
5. Trails shall be located and designed consistent with Coastal Land Use Plan
(CLUP) Policy 3.1.1-1 and the Coastal Act, with appropriate landscaping and
screening where necessary to protect the privacy of adjacent new or existing
Bayside Village Mobile Home Park residents or residential uses, consistent
with Public Resources Code section 30214 (Coastal Act).
I. Vehicular Circulation
1. Primary vehicular and pedestrian access to the site shall be set back from its
current location on Bayside Drive to approximately 200 feet north of the East
Coast Highway intersection, as shown on Exhibit 7, Vehicular Circulation, and
Exhibit 8, Revised Vehicular Circulation and Parking. This project driveway
will service both inbound and outbound movements, improve the existing
driveway connection further into the site, and will be relocated approximately
45 feet north of its current location. Any guest parking that is displaced in the
adjacent mobile home park complex as a result of this new driveway
alignment shall be replaced within the mobile home park complex or within
Planning Area 4 on the east side of Bayside Village Mobile Home Park.
2. Intersection improvements at Bayside Drive shall maintain the existing left -
turn lane, add a shared left-turn/through lane, and add an exclusive right -turn
lane on the southbound approach of the signalized intersection with East
Coast Highway. Project access enhancements shall include an exclusive left -
turn lane on the northbound approach of the Bayside Drive and project
driveway intersection.
3. Primary circulation within the development shall accommodate adequate fire
truck turn -around. Emergency vehicle access to and from Bayside Village
Mobile Home Park to the site shall be provided consistent with Exhibit 8,
Revised Vehicular Circulation and Parking.
4. An optional secondary access may be constructed, subject to the review and
approval of the Public Works Department, California Department of
Transportation, Orange County Transportation Authority (OCTA), and the
Orange County Sanitation District (OCSD) that would add an exclusive right -
turn lane along westbound East Coast Highway, as shown on Exhibit 7,
Vehicular Circulation. This connection would be located approximately 430
feet west of the Bayside Drive intersection with East Coast Highway, and
would allow for inbound right -turn movements only. Outbound movements at
this connection point would be prohibited.
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PLANNING COMMISSION RESOLUTION NO. 2015
J. Lighting
A detailed lighting plan with lighting fixtures and standard designs shall be
submitted with the Site Development Review application. The lighting plan shall
illustrate how all exterior lighting is designed to reduce unnecessary illumination
of adjacent properties, conserve energy, minimize detrimental effects on
sensitive environmental areas, and provide minimum standards for safety. At
minimum, exterior lighting shall comply with the following:
Protection from glare.
a. Shielding required. Exterior lighting shall be shielded and light
rays confined within boundaries of the site.
b. Light spill prohibited. Direct rays or glare shall not create a public
nuisance by shining onto public streets, adjacent sites, or beyond
the perimeter of the bayfront promenade.
C. Maximum light at property line. No more than one candlefoot of
illumination shall be present at the property line.
d. Maximum light beyond bayfront. No more than 0.25 candlefoot
of illumination shall be present beyond the perimeter of the bayfront
promenade.
2. Photometric study. A photometric study plan shall be incorporated into
the lighting plan to ensure lighting will not negatively impact surrounding
land uses and adjacent sensitive coastal resource areas.
3. Lighting fixtures. Exterior lights shall consist of a light source, reflector,
and shielding devices so that, acting together, the light beam is controlled
and not directed across a property line or beyond the bayfront promenade.
4. Parking lot light standards. Light standards within parking lots shall be
the minimum height required to effectively illuminate the parking area and
eliminate spillover of light and glare onto adjoining properties. To
accomplish this, a greater number of shorter light standards may be
required as opposed to a lesser number of taller standards.
K. Signs
A comprehensive sign program with sign materials and lighting details shall be
submitted with the Site Development Review application. All signage shall
comply with the Sign Standards Section of the Municipal Code, with the following
exceptions:
1. Temporary Signs- Temporary signs that are visible from public right-of-ways
and identify new construction or remodeling may be displayed for the duration
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PLANNING COMMISSION RESOLUTION NO. 2015
of the construction period beyond the 60 -day limit. Signs mounted on
construction fences are allowed during construction and may be rigid or
fabric.
2. Directional signs oriented to vehicular or pedestrian traffic within internal
drives or walkways, such as electronic display signs, kiosk signs, internal
banners, and three-dimensional sculptural advertising associated with
individual businesses are allowed, or similar, and are not regulated as to size,
content, or color; however, signs shall require permits and shall be subject to
the review of the City Traffic Engineer to ensure adequate sight distance in
accordance with the provisions of the Municipal Code.
L. Utilities
Existing and proposed water and sewer locations are shown on Exhibit 9, Utilities
Plan, and existing and proposed storm drain locations are shown on Exhibit 10,
Drainage Plan. A Final Utilities Plan shall be submitted with the Site
Development Review application. The final alignment and location of utilities
shall be reviewed and approved by the Public Works Department. Adequate
access for maintenance vehicles shall be provided. A 30 -foot -wide accessible
easement shall be provided for the relocated water transmission line. Buildings
shall maintain a minimum distance of 15 feet from the water line, unless
otherwise approved by the Public Works Department.
M. Sustainability
The development shall be designed as a sustainable community which will allow
residents, tenants and visitors to enjoy a high quality of life while minimizing their
impact on the environment. A Sustainability Plan that addresses topics such as
water and energy efficiency, indoor environmental quality and waste reduction
shall be submitted with the Site Development Review application.
Sustainable programming shall be used to maximize efficiency by conserving
water, minimizing construction impacts, minimizing energy use and reducing
construction and post -construction waste. California -friendly landscaping shall
be utilized in public areas and reclaimed water use (if available) on-site or off-site
will further reduce water demand. Appropriate best management practices shall
be incorporated into landscape design. Energy reduction, recycling, and the
smart use of existing resources shall be implemented. The development shall
incorporate a walkable community design to promote walking and bicycling, and
thus reduce reliance on automotive transport.
The development shall include Low Impact Development (LID) features for storm
water quality improvement where none exist today. Potential LID features may
include storm water planters, permeable pavement and proprietary bioretention
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PLANNING COMMISSION RESOLUTION NO. 2015
systems. Through the development of a project -specific Water Quality
Management Plan (WQMP), the appropriate site design, source control and LID
control features shall be implemented to improve water quality in the Bay,
including weekly street sweeping of all drive aisles and parking areas.
N. Public Improvements
A public improvements plan shall be submitted with the Site Development
Review application specifying the public improvements to be constructed in
conjunction with the development of the site and phasing of such improvements.
At minimum, the plan shall discuss and illustrate utility improvements, the
bayfront promenade, Bayside Drive street and bikeway improvements, and
improvements to the OCSD facility.
O. Hazards Assessment
A site-specific hazards assessment shall be submitted with the Site Development
Review application addressing the potential for erosion, flooding and/or damage
from natural forces including, but not limited to, tidal action, waves, storm surge,
or seiches, prepared by a licensed civil engineer with expertise in coastal
processes. The conditions that shall be considered in a hazards analysis are: a
seasonally eroded beach/shoreline combined with long-term (75 years) erosion;
high tide conditions, combined with long-term (75 years) projections for sea level
rise using the best available science; storm waves from a 100 -year event or a
storm that compares to the 1982/83 EI Nino event.
P. Sea Level Rise and Shoreline Management
A sea level rise and shoreline management plan shall be prepared for the site
and submitted with the Site Development Review application. The plan shall
address shoreline areas of the site subject to tidal action, flooding, wave hazards
and erosion, and incorporate measures to adapt to sea level rise over time and
provide for the long term protection and provision of public improvements,
coastal access, public opportunities for coastal recreation, and coastal resources
including beach and shoreline habitat.
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PLANNING COMMISSION RESOLUTION NO. 2015
V. Design Guidelines
The Back Bay Landing Design Guidelines are intended to express the desired character
of the future mixed-use waterfront village. These guidelines set parameters for future
design efforts and help achieve overall consistency and quality of architectural design
and landscape features at build -out. They also explore the aesthetic quality and
functionality of the upper limit of acceptable development intensity, and are structured to
allow the City considerable flexibility in review of future project submittals and
subsequent approvals. All development within the Planned Community shall be in
conformance with these Design Guidelines.
The purpose of the Design Guidelines is:
• To provide the City of Newport Beach, the California Coastal Commission, and
future residents and visitors with the necessary assurances that, when
completed, the development will be built in accordance with the design character
proposed herein;
• To provide guidance to developers, builders, engineers, architects, landscape
architects and other professionals in order to maintain the desired design
character and appearance of the project, as well as expand upon these
concepts in order to maximize the success of the development consistent with
market needs, aesthetic satisfaction, and community goals;
• To provide guidance to the City Staff, Planning Commission, City Council
members and the California Coastal Commission in the review of future
development submissions; and
• To encourage building plans that allow flexibility for innovative and creative
design solutions that respond to contemporary market trends.
A. Architectural Theme
The development shall be designed with a Coastal architectural theme. This
architectural theme is influenced by the marine climate of the California
coastline, with varied historical vernacular and casually elegant palette, with
building forms and massing that define and create unique and often seamless
indoor/outdoor spaces. The project will follow principles of quality design,
exhibiting a high level of architectural standards and shall be compatible with the
surrounding area, sensitive to scale, proportion, and identity with a focus on
place -making. Massing offsets, variation of roof lines, varied textures, openings,
recesses, and design accents on all building elevations shall be provided to
enhance the architectural design. The intent is not to select a historically specific
Back Bay Landing PCDP 21
PLANNING COMMISSION RESOLUTION NO. 2015
or rigid architectural style for the project, but to create an active, mixed-use
village.
The project should accommodate marine -oriented and visitor -serving retail,
restaurants, enclosed dry stack boat storage, and residential uses, while
integrating the public spaces, bayfront promenade and plaza in a pedestrian -
friendly manner. The "village look" may be expressed through several
techniques. Visual interest may be created by multiple one-, two- and three-level
buildings, with varied roof heights and planes. Light and shadows may be
created through the use of trellises, decks, and canopies. The planes of the
buildings should include recesses and vertical elements to create the village
feeling. Varied roof heights should communicate the break-up of architectural
forms.
The parking structure shall be designed to add to the public and visitor -serving
retail experience and be easily accessible. The project's architectural style, with
the recommended use of modern or traditional, sustainable materials, should
blend in color and form with existing similarly themed facilities within Newport
Beach, and provide a high standard of quality for future neighboring
development. Sample imagery is provided on Exhibit 11, Architectural Theme.
B. Site Planning
1. As illustrated in Exhibit 12, Conceptual Site Plan, the development shall be
designed as an integrated, mixed-use waterfront village that encourages
public access to and along the bayfront.
2. A public bayfront promenade shall be developed between the Balboa Marina
development to the south and the Newport Dunes and the regional trail
system to the east. Special features of this public bayfront promenade shall
include coastal plazas, vista points and connections with City/County trails
and Newport Dunes as shown on Exhibit 5, Public Spaces.
3. Back Bay Landing restaurants, visitor -serving commercial and plaza areas
shall be accessible to the community by public and private vehicular
transportation, pedestrian and bike paths, and public dock space.
4. Scenic view corridors should be incorporated throughout the project to
maintain or enhance existing coastal views from East Coast Highway as
shown on Exhibit 13, East Coast Highway View Corridors.
5. Outdoor dining and plaza areas shall be designed to interface with the street
and bayfront. Siting of outdoor dining facilities shall minimize potential
impacts on occupants of adjacent residential units.
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PLANNING COMMISSION RESOLUTION NO. 2015
6. The development shall create a strong pedestrian interface with the
waterfront, maximizing accessibility and providing visual corridors enhancing
the public/visitor experience.
7. Buildings should be arranged to create opportunities for public gathering
spaces, encourage outdoor living and invite patronage. Mixed-use areas
should emphasize pedestrian orientation by utilizing features such as plazas,
courtyards, interior walkways, trellises, seating, fountains, and other similar
elements.
8. The development shall promote connectivity throughout the village and to
adjacent developments and trails systems through the use of shared facilities
such as driveways, parking areas, pedestrian plazas and walkways.
9. Ground level equipment, refuse collection areas, storage tanks, infrastructure
equipment and utility vaults should be screened from public right-of-way
views with dense landscaping and/or walls of materials and finishes
compatible with adjacent buildings.
10. Site-specific analyses (wind patterns, noise assessments, etc.) and special
design features shall be incorporated into the proposed buildings surrounding
the OCSD pump station facility to offset potential noise and odor control
issues associated with the existing operations of the facility. Indoor air
conditioned spaces within the development shall include the installation of
odor filters, such as activated carbon filters or similar, to filter indoor air.
C. Building Massing
1. Avoid long, continuous blank walls, by incorporating a variety of materials,
design treatments and/or modulating and articulating elevations to promote
visual interest and reduce massing.
2. Layering of wall planes and volumes are encouraged to provide rhythm,
dynamic building forms, and shadows.
3. Building massing should consist of a mix of heights to add visual interest and
enhance views to the bay above or between buildings.
4. Taller buildings should use articulation to create visual interest. Articulation
should include vertical and horizontal offsets, use of multiple materials and
finishes, and the entry/corner elements.
5. Towers or other vertical/prominent building features should be used to
accentuate key elements such as building entries, pedestrian nodes, plazas,
and courtyards.
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PLANNING COMMISSION RESOLUTION NO. 2015
6. To maintain a low profile at the corner of East Coast Highway and Bayside
Drive, the development should consist of reduced height commercial retail
buildings closest to the intersection and may step up in height further away
from the intersection, as shown on Exhibit 3, Building Heights.
D. Facade Treatments
1. Ground floors of commercial buildings should have storefront design with
large windows and entries encouraging indoor and outdoor retailing.
2. Architectural elements that create sheltered pedestrian areas are
encouraged.
3. The quality of the pedestrian environment should be activated by
architecturally vibrant storefronts with features such as planter walls, outdoor
seating and dining spaces, enhanced trellises, accent or festive lighting,
awnings or canopies, large transparent windows, recessed openings and
entry ways.
4. Create a unified and consistent alignment of building facades that define and
address the street and waterfront.
5. Horizontal definition between uses, generally between the first and second
floor is strongly encouraged.
6. For residential uses, balconies and sill treatments are encouraged on upper
stories to articulate the facade.
7. Building facades should respect the public realm edge by controlling and
limiting encroachments that could impede pedestrian connectivity and retail
exposure. Building designs will be encouraged to support and activate the
public realm and plazas, and encourage accessibility.
8. "Back of House Areas" and service corridors shall be avoided along primary
street and waterfront elevations.
9. Roof -mounted mechanical equipment shall not be visible in any direction from
a public right-of-way, as may be seen from a point 6 feet above ground level,
including from the Coast Highway -Bay Bridge curb elevation. In addition,
screening of the top of the roof -mounted mechanical equipment may be
required if necessary to protect views.
10. Subject to the approval of the OCSD, the existing building exterior of the
OCSD facility located adjacent to East Coast Highway and at the property's
southwestern boundary shall undergo aesthetic improvements (refacing,
reroofing, etc.) to reflect the architectural design standards contained in this
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PLANNING COMMISSION RESOLUTION NO. 2015
PCDP. Should the OCSD facility be relocated and/or reconstructed, the
architectural design of the structure shall be compatible with the architectural
design of the Back Bay Landing development and design standards
contained in this PCDP or architectural design of adjacent developments, as
determined appropriate — during the Site Development Review process.
E. Public Views
1. As illustrated on Exhibit 13, East Coast Highway View Corridors, buildings
should be oriented to maximize view opportunities while minimizing the visual
impact of the building on existing view sheds.
2. Buildings proposed adjacent to the Coast Highway -Bay Bridge shall preserve
coastal views that are afforded due to the differential in height between the
elevation of the bridge and the elevation of the site. The public coastal views
shall be consistent with Section 4.4.1-8 of the Newport Beach Coastal Land
Use Plan policies.
3. A pedestrian view corridor shall be designed at the southeast corner of
Bayside Drive and East Coast Highway, shown as View Corridor 2 on Exhibit
13, East Coast Highway View Corridors, allowing northbound pedestrians and
motorists to see into the project and the coastal view beyond.
4. The enclosed dry stack boat storage building shall be designed with multiple
heights to create a distinct view corridor from East Coast Highway to the Bay,
illustrated on Exhibit 13, East Coast Highway View Corridors. This corridor
shall be visible to north and south bound pedestrians, bicyclists and motorists.
5. The development shall be designed to frame existing bay views and should
create new bay views where they are currently blocked by fencing and
outdoor vehicle/boat storage.
F. Parking and Parking Structure
1. Parking areas and structures shall promote efficient circulation for vehicles
and pedestrians.
2. Convenient, well -marked and attractive pedestrian access shall be provided
from parking areas and structures to buildings.
3. Parking facilities should be physically separated for non-residential uses and
residential uses, except for residential guest parking. If enclosed parking is
provided for an entire mixed-use complex, separate areas/levels shall be
provided for non-residential and residential uses with separate building
entrances, whenever possible.
Back Bay Landing PCDP 25
PLANNING COMMISSION RESOLUTION NO. 2015
4. A semi -subterranean level should be incorporated, if feasible, to minimize
height and bulk of parking structure.
5. Parking structures shall be screened from the public right—of-way to the
maximum extent feasible. Portions of the structure that cannot be screened
shall incorporate decorative screening, landscape walls, artistic murals, or
application of stylized facades.
6. Commercial retail and residential uses should wrap and mask the parking
structure.
7. The parking structure shall complement the design vocabulary of the attached
or adjacent buildings, and incorporate form, materials, color, and details from
the attached or adjacent buildings.
8. Adequate parking that is located within a convenient distance from the use it
is intended to serve shall be provided for all uses proposed on-site, as well as
marina users, displaced Bayside Village Mobile Home Park guest parking,
and for public access. General parking locations are shown on Exhibit 14,
Parking Plan.
9. The upper level of the parking structure shall be designed to eliminate vehicle
headlight and rooftop lighting spill-over.
10.To encourage alternative means of transportation, the parking structure shall
incorporate bicycle parking storage accommodations, and electric vehicle
charging stations.
G. Public Spaces
The development shall provide extensive outdoor public spaces, as shown on
Exhibit 5, Public Spaces, and described below.
1. An elevated coastal public view plaza is strongly encouraged. This elevated
plaza can provide exceptional public coastal view opportunities of Newport
Harbor and Upper Newport Bay.
2. A pedestrian and automobile plaza should be incorporated into the design
that seamlessly and safely blends pedestrian, bicycle and vehicular
movement. This plaza may provide an opportunity for valet parking, provided
a valet operation plan is reviewed and approved by the City. Bollards and
potted plants should define the plaza edge in a park -like setting and should
visually connect the east and west ends of the mixed-use project area as the
center point of the project, while still allowing unhindered pedestrian
movement to the retail areas and public bayfront promenade.
Back Bay Landing PCDP 26
PLANNING COMMISSION RESOLUTION NO. 2015
3. Restaurants shall be designed to be accessible from the public bayfront
promenade and should provide both indoor and outdoor dining areas with
scenic coastal views of the bay.
4. Vendor carts selling specialty items are encouraged in the outside plazas and
along retail walkways to enhance the shopping or dining experience by
activating the plaza areas. However, vendor carts shall not be permitted
within the 12 -foot -wide public bayfront promenade.
5. Passive recreation opportunities and waterfront viewing shall be provided
along the public bayfront promenade.
6. A public launching area and parking for kayak and paddleboard users shall be
incorporated into the development.
7. New marina boat -slip tenant lockers shall be provided near the entry to the
Bayside Village Marina.
8. Public restrooms for visitors to the site shall be provided along the public
bayfront promenade.
H. Landscaping
1. The landscaping should reflect the project's coastal marine location and
provide visual ties to the coastal bluffs, sand beaches, tidelands and
wetlands, tide pools, local marinas and sea life.
2. Creativity in combining plant materials to emulate natural features is
encouraged. Some examples of possible design strategies are using swaying
grasses to emulate water movement, using water fountains to emulate the
sound and rhythm of waves, and emulating sea colors in plant selection.
3. The use of water fountains, waterfalls, water sculptures, or water features are
encouraged.
4. Marine murals and other forms of public art are encouraged throughout the
project.
5. Landscaping should include tree plantings around buildings to enhance
architectural character and provide shade in the summer and sun in the
winter.
6. California -friendly plant species with low watering requirements and
characteristics that are compatible with the climate, soils, and setting should
compose the majority of the plant palate.
Back Bay Landing PCDP 27
PLANNING COMMISSION RESOLUTION NO. 2015
7. The irrigation system shall be designed, constructed, managed, and
maintained to achieve a high level of water efficiency.
8. Landscaping in the view corridors should not block these views but rather
frame and enhance them.
9. Green walls, water features and selective placement of potted plants and
trees can improve and soften the appearance of the buildings while
preserving and enhancing desired views.
I. Hardscaping
1. An enhanced permeable paving should be used at the project entry to create
rich texture and color while also helping to mitigate urban runoff.
2. Pedestrian spaces should be developed with specialty paving to provide
interest and definition and compliment architectural and landscape features.
3. Selection of hardscape material should reflect the coastal marine theme of
the project, for example: sand stone, sea glass, pebbles, drift wood,
ocean/beach inspired colors or textures, etc.
4. Private streets, driveways, and drive aisles should be multi-purpose and
accommodate pedestrian, bike, emergency vehicles, and slow automobile
movements. Generous use of planters, large pots and bollards are
encouraged with raised curbs only where necessary.
J. Signs
1. The preferred approach to signing is through creating a strong architectural
statement that announces development, rather than large distracting signs.
2. Monument signs identifying the development may be permitted at the primary
entrance off Bayside Drive and possibly the optional secondary entrance off
East Coast Highway, if approved.
3. Signage should be appropriately scaled to the building or surface onto which
it is placed, should not obscure important architectural features, and should
be readable by both pedestrians and drivers approaching the site.
4. Signage shall be integrated with the design and scale of the architecture.
5. A coordinated approach to signage throughout the development is particularly
important due to the multiple storefronts that are envisioned. Signs of similar
size, proportion, and materials should be used on each store.
Back Bay Landing PCDP 28
PLANNING COMMISSION RESOLUTION NO. 2015
VI. Phasing
The Back Bay Landing mixed-use development is anticipated to be developed as one
phase during an 18- to 24 -month construction period. The integrated mixed-use and
parking structure combined with the relatively small site necessitates construction in a
single phase. The Back Bay Landing development will necessitate the construction of a
seawall/bulkhead, but does not include reconstruction of the existing Bayside Village
Marina.
The general sequence of construction is provided below although certain activities will
overlap thereby reducing the total duration of the project.
• Demolition — 1 month
• Excavation and De -watering — 2 months
• Infrastructure / Foundations — 6 months
• Vertical Construction — 15 months
• Final Landscaping — 3 months
• Bayside Drive Roadway Improvements and Trail — 4 months
• Reconfiguration of Lot Line Adjustment Area — 6 months
Back Bay Landing PCDP 29
PLANNING COMMISSION RESOLUTION NO. 2015
VII. Back Bay Landing PCDP Implementation/
Site Development Review
A. Purpose and Intent
The purpose of the Site Development Review process is to ensure the
development of the Back Bay Landing PCDP (PC -9) is consistent with the goals
and policies of the General Plan, provisions of this PCDP, and the findings set
forth below in Section VII.C. It is the intent of the Site Development Review
process that all aspects of the design of the project will be reviewed and
approved at one time. Conceptual architectural theme, site plan, landscape plan
and other conceptual Exhibits attached to this PCDP are preliminary and may be
modified through the Site Development Review process.
B. Application
1. Approval of the Site Development Review application by the Planning
Commission shall be required prior to the issuance of a grading or building
permit for the construction of any new structure at the project. The Planning
Commission's decision is final, unless appealed in accordance with the
Newport Beach Municipal Code.
2. The following items are exempt from the Site Development Review Process
and are subject to the City's applicable permits:
a) Tenant (interior) improvements to any existing buildings, kiosks, and
temporary structures.
b) Repair and maintenance activities.
c) Replacement of existing structures found in substantial conformance
with previously approved plans and/or permits.
C. Findings
In addition to the general purposes set forth in Section VILA and in order to carry
out the purposes of the Back Bay Landing PCDP, the following findings must be
made to approve or conditionally approve a Site Development Review application:
1. The development shall be in compliance with the General Plan, Coastal Land
Use Plan, Back Bay Landing Planned Community Development Plan,
including design guidelines, and any other applicable plan or criteria related to
the development;
Back Bay Landing PCDP 30
PLANNING COMMISSION RESOLUTION NO. 2015
2. The development shall not be incompatible with the character of the
neighboring uses and surrounding sites;
3. The development shall be sited and designed to maximize the aesthetic
quality of the project as viewed from surrounding roadways, properties, and
waterfront, with special consideration given to providing a variety of building
heights, massing, and architectural treatments to provide public views through
the site;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper
consideration to functional aspects of site development; and
5. The development shall 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
development.
D. Submittal Contents
The Site Development Review application shall include all of the information and
materials specified by the Community Development Director and any additional
information requested by the Planning Commission in order to conduct a
thorough review of the application. The following plans/exhibits may include, but
are not limited to the following:
1. Existing conditions including adjacent structures and proposed
improvements.
2. Comprehensive site and grading plan.
3. Comprehensive elevation drawings, material boards and floor plans for
new structures with coordinated and complementary architecture, design,
materials and colors. The elevation drawings shall indicate the colors and
materials that will be used on the exterior surfaces of the buildings, walls,
fences and other visible structures.
4. Permitted and proposed floor area, and residential units.
5. A parking and circulation plan showing pedestrian paths, streets and fire
lanes.
6. Landscaping, lighting, signage, utilities, sustainability, and public
improvements plans as required by Section IV.
7. Parking management plan (if applicable).
Back Bay Landing PCDP 31
PLANNING COMMISSION RESOLUTION NO. 2015
8. Hazards Assessment, and Sea Level Rise and Shoreline Management
Plan as required by Section IV.
9. A comprehensive, cohesive and coordinated preliminary landscape plan,
illustrating general location of all plant materials, by common and botanical
names (with pictures), size of plant materials, and irrigation concept.
10.A comprehensive, cohesive and coordinated lighting plan of exterior and
parking structure lighting, including locations, fixture height, fixture product
type and technical specifications.
11. Comprehensive text and graphics describing the design philosophy for the
architecture, landscape architecture, material and textures, color palette,
lighting, and signage.
12. Location and text describing drainage and water quality mitigation
measures.
13. Open Space Plans (indoor and/or outdoor) for residential units.
14.A statement that the proposed new structure is consistent with the goals,
policies, and actions of the General Plan and Planned Community
Development Plan.
15.Any additional background and supporting information, studies, or
materials that the Community Development Director deems necessary for
a clear representation of the project.
E. Public Hearing
A Planning Commission public hearing shall be held on all Site Development
Review applications. Notice of the hearing shall be provided and the hearing
shall be conducted in compliance with the Municipal Code Chapter 20.62 (Public
Hearings).
F. Expiration and Revocation of Site Development Review
Approvals
1. Expiration. Any Site Development Review approved in accordance with
the terms of this Planned Community Development Plan shall expire
within twenty-four (24) months from the effective date of final approval as
specified in the Time Limits and Extensions Section of the Newport Beach
Municipal Code, unless at the time of approval the Planning Commission
has specified a different period of time or an extension is otherwise
granted.
Back Bay Landing PCDP 32
PLANNING COMMISSION RESOLUTION NO. 2015
2. Violation of Terms. Any Site Development Review approved in
accordance with the terms of this Planned Community Development Plan
may be modified or revoked if any of the conditions or terms of such Site
Development Review are violated or if any law or ordinance is violated in
connection therewith.
3. Public Hearing. The Planning Commission shall hold a public hearing on
any proposed modification or revocation after giving written notice to the
permittee at least ten (10) days prior to the hearing, and shall submit its
recommendations to the City Council. The City Council shall act thereon
within sixty (60) days after receipt of the recommendation of the Planning
Commission.
G. Parcel or Tract Maps
No parcel or tract map shall be recorded prior to the approval of the Site
Development Review for the entire project. Covenant, Conditions and
Restrictions shall be required in connection with any subdivisions at the project
so that the responsibility for performance of, and payment for, maintenance are
clear. Such CC&R's shall be subject to the approval of the City Attorney.
H. Fees
The applicant shall pay a fee as established by Resolution of the Newport Beach
City Council to the City with each application for Site Development Review under
this planned community development plan.
I. Minor Changes by the Director
1. The following minor changes to an approved site plan may be approved
by the Director in compliance with Section 20.54.070 (Changes to an
approved project) of the Newport Beach Municipal Code:
a) Minor relocation of any proposed structure.
b) Reconfiguration of the parking lot, including drive aisles and/or
parking spaces, subject to review and approval of the City Traffic
Engineer.
c) Reconfiguration of landscaping.
d) Any other minor change to the site plan provided it does not increase
any structure area, height, number of units, and/or intensity of uses.
2. Any proposed changes that are not deemed minor shall be subject to
review and approval by the Planning Commission.
Back Bay Landing PCDP 33
PLANNING COMMISSION RESOLUTION NO. 2015
VIII. Definitions
All words, phrases, and terms used in this Back Bay Landing PCDP (PC -9) shall
have the same meaning and definition as provided in the City of Newport Beach
Zoning Code unless defined differently in this section.
Architectural Features: A visually prominent or formally significant element of a
building which expresses its architectural language and style in a complementary
fashion. Architectural features should be logical extensions of the massing,
details, materials, and color of the building which complement and celebrate its
overall aesthetic character.
Backfill: Material used to fill or refill an excavated or natural slope area.
Building Elevation: The drawing of the exterior wall surface formed by one (1)
side of the building.
Bulkhead: A retaining wall/structural wall constructed along shorelines for the
purpose of controlling beach erosion, supporting buildings and protecting areas
of human habitation, conservation and leisure activities. Also referred to as a
seawall. The depth of the bulkhead will be determined by a licensed structural
engineer.
Carts and Kiosks: Carts and kiosks are small, freestanding structures used for
retail sales and services. Generally mobile in terms of ease or relocation, the
structures can be seasonal, temporary or for a more permanent use.
Commercial Recreation and Entertainment: Establishments providing
participant or spectator recreation or entertainment, either indoors or outdoors,
for a fee or admission charge. Commercial recreation and entertainment uses
shall not include arcades or electronic games centers, billiard parlors, cinemas,
and theaters, except as accessory to a permitted use.
Cultural Institution: A public or private institution that displays or preserves
objects of community or cultural interest in one or more of the arts or sciences.
Illustrative examples of these uses include libraries and museums.
Eating and Drinking Establishments:
Bar, Lounge, and Nightclub. An establishment that sells or serves
alcoholic beverages for consumption on the premises and is holding or
applying for a public premise license from the California State Department
of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 [On Sale
Beer & Wine -Public Premises], ABC License Type 48 [On Sale General -
Public Premises], and ABC License Type 61 [On Sale Beer -Public
Premises]). Persons under 21 years of age are not allowed to enter and
Back Bay Landing PCDP 34
PLANNING COMMISSION RESOLUTION NO. 2015
remain on the premises. The establishment shall include any immediately
adjacent area that is owned, leased, rented, or controlled by the licensee.
Fast Food. An establishment whose design or principal method of
operation typically includes the following characteristics:
1. A permanent menu board is provided from which to select and
order food;
2. A chain or franchise restaurant;
3. Customers pay for food before consuming it;
4. A self-service condiment bar and/or drink service is/are provided;
5. Trash receptacles are provided for self-service bussing; and
6. Furnishing plan indicates stationary seating arrangements.
A fast food establishment may or may not have late hour operations.
Alcoholic beverages are not sold, served, or given away on the premises.
If alcoholic beverages are sold, served, or given away on the premises,
the use shall be considered a food service use. See "Food Service."
Drive thru service shall not be allowed.
Food Service, No Late Hours. An establishment that sells food and
beverages, including alcoholic beverages, prepared for primarily on-site
consumption, and typically has the following characteristics:
1. Establishment does not have late hour operations;
2. Customers order food and beverages from individual menus;
3. Food and beverages are served to the customer at a fixed location
(i.e., booth, counter, or table); and
4. Customers pay for food and beverages after service and/or
consumption.
Food Service, Late Hours. An establishment that sells food and
beverages, including alcoholic beverages, prepared for primarily on-site
consumption, and typically has the following characteristics:
1. Establishment does have late hours;
2. Customers order food and beverages from individual menus;
Back Bay Landing PCDP 35
PLANNING COMMISSION RESOLUTION NO. 2015
3. Food and beverages are served to the customer at a fixed location
(i.e., booth, counter, or table); and
4. Customers pay for food and beverages after service and/or
consumption.
Late Hour Operations. Facilities that provide service after 11:00 p.m.
Outdoor Dining, Accessory. An outdoor dining area contiguous and
accessory to a food service establishment.
Take -Out Service, Limited. An establishment that sells food or
beverages and typically has the following characteristics:
1. Sales are primarily for off-site consumption;
2. Customers order and pay for food at either a counter or service
window;
3. Incidental seating up to 6 seats may be provided for on-site
consumption of food or beverages; and
4. Alcoholic beverages are not sold, served, or given away on the
premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores,
ice cream and frozen dessert stores, small delicatessens, and similar
establishments.
Take -Out Service Only. An establishment that offers a limited variety of
food or beverages and has all of the following characteristics:
1. Sales are for off-site consumption;
2. Seating is not provided for on-site consumption of food or
beverages; and
3. Alcoholic beverages are not sold, served, or given away on the
premises.
Green Building: The practice of increasing the efficiency of buildings and their
use of energy, water, and materials, and reducing building impacts on human
health and the environment through better siting, design, construction, operation,
maintenance, and removal.
High Tide: The tide at its fullest, when the water reaches its highest level.
Back Bay Landing PCDP 36
PLANNING COMMISSION RESOLUTION NO. 2015
Marina: A commercial berthing facility (other than moorings or anchorage) in which five
or more vessels are continuously wet -stored (in water) for more than 30 days. Marinas
are regulated by Title 17. See Marina Support Facilities.
Marina Support Facilities: An on -shore facility (e.g., administrative offices, bathrooms,
laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports a
marina.
Marine Rentals and Sales: Establishments engaged in renting, selling or
providing supplies and equipment for commercial fishing, pleasure boating, or
related activities.
Boat Rentals and Sales. An establishment that rents or sells vessels,
including storage and incidental maintenance. See "Vessel." Does not
include "Marine Services."
Marine Retail Sales. An establishment that provides supplies and
equipment for commercial fishing, pleasure boating, or related activities.
Examples of goods sold include navigational instruments, marine
hardware and paints, nautical publications, nautical clothing (e.g., foul -
weather gear), and marine engines. Does not include uses in which fuel
for boats and ships is the primary good sold (see "Marine Services.").
Marine Services:
Boat Storage. Storage of operative or inoperative boats or ships on land
or racks for more than 30 days. Unenclosed boat storage on racks are not
permitted.
Boat Yard. Construction, maintenance, or repair of boats or ships,
including the sale, installation, and servicing of related equipment and
parts.
Entertainment and Excursion Vessels. A vessel engaged in carrying
passengers for hire for the purposes of entertainment or excursions (e.g.,
fishing, whale watching, diving, educational activities, harbor and coastal
tours, dining/drinking, business or social special events and entertainment,
etc.). See "Vessel."
Marine Service Station. A retail establishment that sells gasoline, diesel,
and alternative fuels, lubricants, parts, and accessories for vessels and
other convenience items. No fuel docks shall be allowed. See "Vessel."
Water Transportation Service. An establishment that provides vessels
to carry passengers for hire who are traveling to destinations within and
outside of Newport Harbor. See "Vessel."
Back Bay Landing PCDP 37
PLANNING COMMISSION RESOLUTION NO. 2015
Highest High Water (HHW) Line: The average of all the highest high tides
occurring over a certain period of time, usually 18.6 years (one lunar epoch).
Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport
Beach, HHW elevation is 7.86' relative to Mean Lower Low Water (0.00').
Mean Lower Low Water (MLLW) Line: The average of the lower low tides
occurring over a certain period of time, usually 18.6 years (one lunar epoch).
Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport
Beach, Mean Lower Low Water is elevation 0.00'.
Multi -Family Residential Flat: A condominium on a single level.
North American Vertical Datum of 1988 (NAVD 88): The vertical control
datum of orthometric height established for vertical control surveying in the
United States.
Parking Structure: Structures containing more than one story principally
dedicated to parking. Parking structures may contain accessory, ancillary, and
resident support uses such as solar panels and trellis structures.
Perimeter Setback: An established distance between a building/structure and
the perimeter of the project site other than along East Coast Highway, Coast
Highway -Bay Bridge, Bayside Drive, and the bayfront.
Personal Services (Land Use):
General. Establishments that provide recurrently needed services of a
personal nature. Illustrative examples of these uses include:
• Barber and beauty shops
• Clothing rental shops
• Dry cleaning pick up stores with limited equipment
• Locksmiths
• Shoe repair shops
• Tailors and seamstresses
• Laundromats
These uses may also include accessory retail sales of products related to
the services provided.
Restricted. Personal service establishments that may tend to have a
blighting and/or deteriorating effect upon surrounding areas and that may
need to be dispersed from other similar uses to minimize adverse impacts,
including:
• Day spas
• Healing arts (acupuncture, aromatherapy, etc.) with no services
qualifying under "Massage Establishments"
Back Bay Landing PCDP 38
PLANNING COMMISSION RESOLUTION NO. 2015
• Tanning salons
• Tattoo services and body piercing studios
These uses may also include accessory retail sales of products related to
the services provided.
Public Bayfront Promenade: A pedestrian walkway that extends along the
waterfront length of the Back Bay Landing project.
Seawall: See previous definition of "bulkhead" above.
Setback: Shall mean the space between an object, such as the face of a
building or fence, and the perimeter property line.
Sign: Any media, including their structure and component parts which are used
or intended to be used outdoor to communicate information to the public.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other
light materials, with or without frames, intended to be displayed for a limited
period of time.
Vehicle Entry: Any intersection points along the public right-of-way that provide
access for automobiles.
Vessel: Every type of watercraft that is used or capable of being used as a
means of transportation on water. This includes all vessels of any size home -
ported, launched/retrieved, or visiting in Newport Harbor, arriving by water or
land, and registered or unregistered under State or Federal requirements, except
a seaplane on the water.
Visitor -Serving Retail: Retail establishments engaged in selling goods or
merchandise to tourists and visitors. Examples of these establishments and lines
of merchandise include:
Back Bay Landing PCDP 39
PLANNING COMMISSION RESOLUTION NO. 2015
• Antiques
• Appliances
• Art galleries
• Artists' supplies
• Bakeries (retail only)
• Bicycle sales and rentals
• Books
• Cameras and photographic supplies
• Clothing and accessories
• Convenience market
• Drug and discount stores
• Gift shops
• Handcrafted items
• Hobby materials
• Jewelry
• Luggage and leather goods
• Newsstands
• Pharmacies
• Specialty food and beverage
• Specialty shops
• Sporting goods and equipment
• Tobacco
• Toys and games
• Travel services
Back Bay Landing PCDP 40
PLANNING COMMISSION RESOLUTION NO. 2015
Appendix
Back Bay Landing Exhibits
Back Bay Landing PCDP 41
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 1
PklmerSr n Lam. LOCATION MAP
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mCerner
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o Shalimar 6i �r Q ta 1J..Back Bay Landing is located immediately
north of East Coast Highway in Newport
s ,�� 'Qom 3eliisst
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W t 7rh St W 17th ST tiP f �' r fro `' asr Aleppo $�.
ay � a �yg y �wV r a Beach, California. The site is bounded by East
Nq�prort, sr ,`�� R p d Coast Highway and Newport Harbor on the
b:lr. � � 0r'y F � f, v
l�fJ sa Center Barber Shap ■ �an Corona Bel Marm k= �,a 4, p High School south and west, Bayside Drive to the south,
Gro �Beaeh the Newport Back Bay channel to the west
wlhthSt � WTfiihSY � l"sr �? �Sr � Vi+�^�� -� � dry;
to r7r
Elenrenlary'School MBiiri sariners�St�Yle�n o � Canyon „ and Bayside Village Mobile Home Park to the
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7
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Peninsula 32aco� 6ai Yao rP� br
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Baja Sharkeeir• .� r Irvine Terr ark
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n Reach NewQ
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Sa4_eDA ?SL-A"�.
_ Balboa Island Ferry ■ irk qyp Park nue c -�
_
tit ren r �' %. Project Area (Parcel 3 of PM 93-111)
S Bay Front S esy front 4 Or
M Back Bay Landing Mixed -Use Project Area
Balboa Fun tore+i• t 7
Balboa Pavilion PC -9 Boundary
LOCATION MAP 02.02.20M BACK BACK BAY LANDING
NEWPORT BEACH, CA
NTS
00�
De Anza Bayside
ys'de Marsh Peninsula _
; Existing Marina ,
ager PARCEL 3 Planning Area 51 1Overflow Gravel
- - Parking Lot
o�I Planning Area—31
EXISTING PRIVATE MARINA
ACCESS AND BEACH
(0.659 ac)
Bayside Village
Mobile Home Park
4
.c
�c 0
�o
M 0
m
yU
Qm
Plannina Area 1
- Planning Area 2
-RECREATIONAL
MARINE COMMERCIAL C
(0.642 ac) u
East Coast Highway `-
Public Road
Newport Dunes
Waterfront
Resort & Marina
Plannina Area 4
MARINA AND BAYSIDE VILLAGE
MOBILE HOME PARK STORAGE
AND GUEST PARKING
(0.541 ac)
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT Z
P LAN N I N G AREAS
This Planned Community includes five distinct
planning areas.
Parcel 3 Summary
P.A.
Description
Acres
Mixed -Use Area
5.215 ac
(North of CH center line)
Recreational & Marine
Commercial
0.642 ac
(South of CH center line)
Existing Private Marina Access
and Beach
0.659 ac
Marina and Bayside Village
Mobile Home Park Storage
0.541 ac
and Guest Parking
Submerged Fee -Owned Lands
(Area includes De Anza Bayside
24.457 ac
Marsh Peninsula)
Parcel 3 Total Area
31.514 ac
PLANNING AREAS 02.02.20M BACK BACK BAY LANDING
NEWPORT BEACH, CA
NTS
�" 1
Elevation 11'
v �
op
1
1
Grade Baseline Elevations
z
I o
a)
m
Cz
Elevation 14'
I
xisting i
•�._ Se p
u . .
_..,
ation
-�
to Measure Building Heig
PA 1
35 ft Building East Coast Highway
Height Zone 100 ft
(Grade for Measurement
of Height: 11') Approx. 560 ft
PA 2
26 ft Building
Height Zone
(Grade for Measurement
of Height: 11';
Limited to 26 ft flat roof
or 31 ft sloped roof)
PA 4 (not shown)
(Grade for Measurement
of Height: 12')
PA 1
26 ft Building
Height Zone
(Grade for Measurement
of Height: 14';
Limited to 26 ft flat roof
or 31 ft sloped roof)
PA 1
35 ft Building
Height Zone
(Grade for Measurement
of Height: 14')
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 3
BUILDING HEIGHTS
DESIGN GUIDELINES
East Coast Highway is approximately 22 feet
above the Back Bay Landing development site
limiting the development's impact on views
from East Coast Highway.
There are three finished grade baseline
elevations indicated on the exhibit from which
the building heights are measured: 11 and 14
feet, or as determined by Sea Level Rise and
the Shoreline Management Plan.
BUILDING HEIGHTS
M BACK BAY LANDING
o2.oz.2oie NEWPORT BEACH, CA
NTS
Water Line (Approx.)
at Lower Tide Condition
011
- — — — — — — — -- W— — — —
�r'f• rfl f•r �11 j��irfl f•r t ��ti �l�%fl r �i•i
71 zl
�ir.titi"11• 'r.�r.tii"`I l ti��.ii'�I �i�.tii"�I tiir.titi-11•'
r_ ! �� i`�r_ ! �� t`�r_ ! �� t`�r ! �� •�-.
'��r�r� f/11r�f/��rl r� %11rrf/��fl r� %11r�f/���1 r� %llrrfj�lfl r� %11rf;
� i�I1•\� r�"-��i� i�I1•\1 r�--�~i� i�I1•\� f�"-��i� i�I1•\� f�""�~i� .�I!•\���--�~:
Intertidal Mud or Intertidal Sand
Subtidal Sand Zone Zone
Public Bayfront
Promenade
;rl
Finished Grade at Top of Seawall +10'
Designed for Future Sea Level Rise Compliance
Front of Seawall
Highest High Water Line (+7.86')
above Mean Lower Low Water (0')
Existing Grade
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 4
SEAWALUBULKHEAD
SECTION
BULKHEAD
The project bulkhead may be built to the
Highest High Water elevation of 7.86' relative
to Mean Lower Low Water (0.0') or 7.48'/NAVD
88 to preserve the natural profile along the
shoreline adjacent to the County Tidelands,
subject to consistency findings in the Coastal
Act and City of Newport Beach Coastal Land
Use Policies.
SEAWALL/BULKHEAD SECTION M BACK BAY LANDING
oNEWPORT BEACH, CA
NTS
View Location
Bridge Up
Work Area
(Boat House)
Elevator / Stair
Pedestrian Access
to ECH Bridge
Public Use of Enclosed -
Dry Stack Boat Storage
(Privately Owned)
12'-0" wide Pedestrian Walk
Bridge —
Down
Work Area —
(BoatHouse)
Elevator / Stair
Kayak & SUP Rentals —
0' 40' 80' 120' 160' 200'
Public Parking for Kayak Launch
12'-0" wide Pedestrian Walk
Elevator
Public Pedestrian Bayfront Promenade
Pedestrian Auto Plaza
i
Public Marina Lockers & Restrooms /a,
12'-0" wide Pedestrian Wal �a
Retail Plaza m
Connects to
Regional Trails
s-� ail I
Residential 1 1
Retail
Above
Parking Structure �w
-a Retail w/ Restaurant `
Residentia
I \ Existina nI--
Elevator
,.—
Elevator / Escalator
Boat
House
coast H;ghway
East �-
Public Parking for Retail, Marina &
Bayside Village Mobile Home Park
Upper Parking Deck Provides Views
to the North and South
Plan Below Highway Bridge Level
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 5
PUBLIC SPACES
DESIGN GUIDELINES
Back Bay Landing contains extensive outdoor
public space, including:
• A linear continuous Public Bayfront
Promenade along the bay and connecting
to regional trails.
• Class 1, 2, and 3 off-street bikeway and
pedestrian trails connecting to East Coast
Highway along Bayside Drive.
• A large retail plaza with enhanced paving
street furniture, water features and shade
trees.
• A Bayside Plaza with enhanced paving,
seating and shade trees.
• A kayak and SUP rental and launch area
with storage lockers and water access.
• Public Restrooms accessed from the
Public Bayfront Promenade.
Additional public spaces are provided within
retail, restaurant and the enclosed dry stack
boat storage buildings.
PUBLIC SPACES o2.�16 BACK BAY LANDING
NEWPORT BEACH, CA
NTS
o Newport
3 Beach
Ne,,v
Fast C
BACK BAY
LANDING
Pp�
t -r d a
wl tlaiuca &Jw� 0 �'`
V" &1Y A,
1. Regional Trail Connections
'• st4.
r�
1*
Newport Harbor
High School
�j
Soh
3 �•��a`1y Qi
7j _U
N
x
Ca w�
Lateral Access
i
NaIME bow
l
2. Proposed Coastal Access
Upper
` Newport
.` Back Bay
W
Balboa
Island
l8alboa Island
�lrUk+ej, er.�pvr€ F h3[i7 Fr.
New Public
Bayfront Access
�t
Vertical Access
ixre
.-A
Newport Beads
Country Crub
NWth stw
1
a�
New
poll Qac,
Golf Course
IWA
e
3. Current Lack of Trail Connection
NPT
Dunes
hk j
New Public
Bayfront Access
` ► I New"Class 1 & 3
Off Street Bikeway'
-TINT` & Pedestrian Trail
New Class 1 & 2
Off -Street Bikeway
& Pedestrian Trail
4. Critical Trail Connections
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT
COASTAL ACCESS &
REGIONAL TRAIL
CONNECTIONS
Back Bay Landing provides coastal access
and a critical link between existing regional
trails.
1. Regional Trail Connections
2. Proposed Coastal Access
3. Current Lack of Trail Connection
4. Critical Trail Connections
LEGEND
Existing Class I Trail
Existing Class 2 Trail
Existing Class 3 Trail
Existing Newport Dunes
Recreational Trail
Lateral Access
Vertical Access
000000 Proposed Class I & 3 Trail
000000 Proposed Class I & 2 Trail
• 0 • Proposed Public Bayfront
Promenade
KEY MAP
COASTAL ACCESS ®IONAL TRAIL CONNECTIONS 0216 BACK BAY LANDING
NEWPORT BEACH, CA
NTS
New Public Pedestrian &
00 Cyclist Bayfront Access
y
CLASS 2 /
(ON -STREET)
BIKE LANE
t
1
I
1
1
I
0
Turn -Around
Under Bridge
/
/ CLASS
I lr1N-RT
ILI
- - OCTA Bus Stop000
—`flptio-nal-Se d Bary Access
Deceleration ant right -turn movements only
Newport Dunes
Waterfront
Resort & Marina
Secondary Gate
Guarded Vehicular
Access for Marina
Parking, Public
Storage and Existing
Restrooms
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 7
VEHICULAR
CIRCULATION
DESIGN GUIDELINES
Primary vehicular access to the site will be from
Bayside Drive approximately 200 feet north
of the East Coast Highway intersection. This
project driveway would service both inbound
and outbound movements, improve the existing
driveway connection further into the site, and will
be relocated approximately 45 feet north of its
current location.
Intersection improvements will maintain the
existing left -turn lane, add a shared left -turn
through lane, and add an exclusive right turn
lane on the southbound approach of the
signalized intersection of Bayside Drive with East
Coast Highway. Project access enhancements
will include an exclusive left -turn lane on the
northbound approach of the Bayside Drive and
project driveway intersection.
Primary circulation includes two fire truck
turnarounds. An Emergency Vehicle Access from
Bayside Village Mobile Home Park provides an
additional layer of safety.
Secondary marina access for marina parking
and public storage is located directly off Bayside
Drive.
An optional secondary access located
approximately 430 feet west of the Bayside Drive
intersection with East Coast Highway, would add
an exclusive right -turn lane along westbound East
Coast Highway. This connection would allow for
inbound right -turn movements only. Outbound
movements would be prohibited.
VEHICULAR CIRCULATION M BACK BAY LANDING
oNEWPORT BEACH, CA
NTS
. I I
/ ,.,.,.,ile Home � i ► /
Guest Parking 14--1..
1 1 1 1 1 1
/ 1 ► 1 ► 1 1
4----J— 1--1--L—L—�--
Adjusted Property
Line
Existing Bayside Village Circulation
Public Pedestrian Promednade
& Marina Access
Fire Truck
Turn Around
,
i Existin obile ;
i Ho e ark
q J
----------------
/ Mobile Home
Guest Parking
-------------1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ►—�
-------------,�
� ► 1 ► 1 ► ► ► 1 ► 1 ► 1 ► 1 ► 1 1 �
Original
Circulation
ergenc
lehicle
Access
,
,
,
,
Gated -
destrian
Adjusted -
Property Line
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBITS
REVISED VEHICULAR
CIRCULATION &
PARKING
O, DESIGN GUIDELINES
a� New & Improved Project Access
Revised vehicular circulation will provide a new
CIO and improved access to the proposed project.
The primary entry is located on Bayside Drive
approximately 200 feet north of the East Coast
Highway intersection. The entry is proposed to
be relocated approximately 45 feet north of its
existing location.
Existing Back The reconfiguration will remove four (4) mobile
Bay Landing Property ----- homes and relocate thirtyone 31 mobile home
Entry Location ( )
guest parking spaces and two trash bins to allow
for the expanded project entry.
New landscaping with decorative walls and
/ pedestrian gates will separate the mixed use
project from the mobile homes. The mobile home
vehicular circulation will be reconfigured and will
include twelve (12) mobile home guest parking
spaces. An additional nineteen (19) mobile home
Revised -N guest parking spaces will be relocated in Planning
CirculationO� Area 4. There will be no net loss of guest parking
aQ) to the mobile home community.
Proposed Bayside Village & Back Bay Landing Auto Circulation
Revised Project Entry Location -
(Moved approximately 45 ft north of existing entry)
REVISED VEHICULAR CIRCULATION & PARKING ,,,� BACK BAY LANDING
NEWPORT BEACH, CA
NTS
�24"W_
Join Existing
24" Water Line
10 ".O� - -
Proposed
Storm Drain '
Proposed
Storm Drain
IS
w __ Existi
�3"'water
w in
� to beRmoved
w
V V�V
� V v
ss
Proposed 30"
Steel Water Line
Alt. 2
V
/
\vv J^\J l
V
Proposed 8" Water
Proposed 8" Sewer
Proposed 8" Water w -_ \
/ Proposed 8" Sewer 4 Join Existingw - $
VExisting Sewer 12" Storm Drain
V Pump Station
Proposed
--�� • Storm Drain
FM �`—(2)
i
,
Join Existing
12" Water Line
Joio Existing
36"Sewer Line
Jbin Existing
30" Water Line
-sm_-
_ s� -
• 3o^so
24"W
w 24"W
v�IisVw v — W
—
241 / FM i sD F Proposed 30" w SS ss
',I-_ — D w ti�s5 Steel Water 'r o
\\� oin Existing
30" Storm Drain
M r\
�a Jss �
r � Legend
v Proposed 8" Water - — W -
11 30" Steel Water Line - Alt. 1 — —SS -
30"
SS -
30" Steel Water Line - Alt. 2 — — SD -
u Proposed Sewer
sn Proposed Storm Drain
sb\ k m
M
-W
M Join Existing
$0" Water Line
1p
Existing Water
Existing Sewer
Existing Storm Drain
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 9
UTILITIES PLAN
Sewer
A new 8" sewer line is proposed to serve the
Back Bay Landing project. It will connect into
the existing 36" sewer line within Bayside
Drive north of the proposed project. Based
on the 2006 Strategic Plan Update for OCSD,
capacity exists within the existing 36" line to
accommodate the proposed project.
Water
The existing 30" water transmission line
traversing the project site will be abandoned
to minimize conflicts with the proposed project
and allow easy access and maintenance
to the proposed lines. Two alternatives are
currently proposed to replace the capacity
of the line and continue to provide reliable
water service in case of an emergency to the
western region of Newport Beach.
Additionally, a new 8" water line will serve the
proposed project and tie into the existing 12"
water line in Bayside Drive. The increased
demand on the existing line will be consistent
with the proposed sewer generation rates.
Water capacity is not anticipated to be
an issue based on the redundant water
transmission lines that surround the project
site.
UTILITIES PLANo2�16 BACK BAY LANDING
NEWPORT BEACH, CA
NTS
Proposed SDOutlet
00 000
.60immommomim ■■
.,= 'Mm �75
./i 0
Sub -Watershed Three y
2.4 Acres
17
j 3
1 y
1 �
Q
' 000 RUN Wft ftft oun dary
ftft "Ill
• SD
12" Existing
I Storm Drain
•
■
30" Existing
Existing „Storm Drain
SD Outlet
Sub -Watershed Two
2.4 Acres
O
�ershed Boundary
Mai° ■ ■
Sub -Watershed One
0.94 Acres
� 1O
1
1 �
SD .
��� will
an
Sub -Watershed One A
0.12 Acres
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 10
DRAINAGE PLAN
The proposed drainage plan consists of four
sub -watersheds. Stormwater will be collected
at various inlets throughout the project site
which will connect into the existing 30 -inch
storm drain that discharges south of the East
Coast Highway Bridge or drain directly out an
existing or new outlet through the bulkhead.
DRAINAGE PLANo2�16 BACK BAY LANDING
NEWPORT BEACH, CA
NTS
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT II
ARCHITECTURAL
THEME
East Coast Highway and Bayside Drive
feCoastal Access with Ground Floor
Commercial and Residences Above
,fJ
Public Bayfront Promenade
Visitor Serving Commercial
View Plaza Seating
DESIGN GUIDELINES
The development shall be designed with a
coastal architectural theme. The intent is
not to select a historically specific or rigid
architectural style for the project, but to use
it as the design guidelines to help shape the
character of the area and reflect its setting
within the City.
Back Bay Landing will be designed and
constructed to evoke the experience of a
seaside village, with compatible architecture
and community character to existing
waterfront portions of Newport's Mariner's
Mile, Lido and Newport Peninsulas.
ARCHITECTURAL THEME M BACK BAY LANDING
oNEWPORT BEACH, CA
NTS
Q /./Public
Walkway Connection
Public / Primary Entry
/
Bayfront Off -Site Existing p`
Mobile Homes 3�
Access '�.co
Retail
Retail w
—Residential Above i
estauran Retail w/ Reid 1 Retail I
O& Ba Residential 1 1
' Above Parkin S r t le
Boat
I I
House
t
Restaur nt
Veiw 4 a 1 1 Retail w/ ,
Pearson' / Plaza psi ial Residential \\
I '
Port S Il Retai - Existin Above
t tati n
r , at Highw y Leve
east Coast Highway
Boa \ \
rvice 11 * \ \ \
L - 8O&t
i = House
Pearson's l
Portetai
-
I �
0' 40' 80' 120' 160' 200'
-Parkin _
`-
Plan at Level below Bridge
Boa 217 AIL
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 12
CONCEPTUAL SITE
PLAN
DESIGN GUIDELINES
Back Bay Landing is an integrated, mixed-use
waterfront village with visitor- serving retail and
marine service commercial facilities, as well as
a limited amount of attached residential uses.
It is designed to evoke a seaside village
and has a strong focus on the pedestrian
experience.
M BACK BAY LANDING
CONCEPTUAL SITE PLAN
o2.oz.2oie NEWPORT BEACH, CA
NTS
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 13
EAST COAST HIGHWAY
VIEW CORRIDORS
DESIGN GUIDELINES
Varied roof heights and undulating buildings
add variety to the street scene. Along East
Coast Highway and Bayside Drive six scenic
view corridors are preserved.
EAST COAST HIGHWAY VIEW CORRIDORS ,,,� BACK BAY LANDING
NEWPORT BEACH, CA
PLANNING COMMISSION RESOLUTION NO. 2015
EXHIBIT 14
5
_i
PARKING PLAN
DESIGN GUIDELINES
Back Bay Landing is a mixed-use waterfront
development providing parking above the
City's requirements.
LEGEND
Parking Areas
0 BACK BAY LANDING
PAR.KING 02.02.2016
NEWPORT BEACH, CA
NTS
Planning Commission Resolution No. 2015
EXHIBIT F
REQUIRED FINDINGS
LOT LINE ADJUSTMENT NO. LA2016-003
In accordance with Newport Beach Municipal Code Section 19.76.020 (Required Findings
for Action on Lot Line Adjustments), the following findings and facts in support of such
findings are set forth:
Finding:
A. Approval of the lot line adjustment will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, comfort, and general welfare of
persons residing or working in the neighborhood of such proposed use or be
detrimental or injurious to property and improvements in the neighborhood or the
general welfare of the City, and further that the proposed lot line adjustment is
consistent with the legislative intent of this title.
Facts in Support of Finding:
1. The lot line adjustment will improve ingress and egress to the project site with a new
driveway, which is consistent with the purpose and intent of Title 19 (Subdivisions).
2. The new driveway location will ensure that the project provides adequate access for
traffic and circulation, and will protect land owners and surrounding residents, and will
preserve the public health, safety, and general welfare of the City.
3. The adjusted lot lines of the subject parcels will not result in a development pattern
which is inconsistent with the surrounding neighborhood.
Finding=
B. The number of parcels resulting from the lot line adjustment remains the same as
before the lot line adjustment.
Facts in Support of Finding:
1. The lot line adjustment between the Parcel 3 (subject property) and Parcel 2 (adjacent
Bayside Village Mobile Home Park) of Parcel Map No. PM 93-111 will not result in the
creation of additional parcels. Only the common property lines between these two
parcels will be affected by the proposed lot line adjustment.
2. The proposal does not increase or reduce the number of parcels.
Planning Commission Resolution No. 2015
Finding:
C. The lot line adjustment is consistent with applicable zoning regulations except that
nothing herein shall prohibit the approval of a lot line adjustment as long as none of
the resultant parcels is more nonconforming as to lot width, depth and area than the
parcels that existed prior to the lot line adjustment.
Facts in Support of Finding:
The adjusted lot line will not render either of the resulting parcels nonconforming as to
lot width, depth and area.
2. The donor parcel (Parcel 2) will be reduced from 12.732 acres to 12.345 acres, which
well exceeds the 5,000 -square -foot minimum parcel size of Section 20.10.030 of the
Municipal Code.
Finding:
D. !Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a
result of the lot line adjustment.
Facts in Support of Finding:
1, The parcels as adjusted will not be deprived of legal access as both parcels will
continue to maintain access from Bayside Drive.
2. Vehicular access and parking within Parcel 2 (mobile home park) will be reconfigured
as a condition of approval to ensure residents maintain adequate circulation through
the mobile home park.
Finding:
E. That the final configuration of the parcels involved will not result in the loss of direct
vehicular access from an adjacent alley for any of the parcels that are included in the
lot line adjustment.
Facts in Support of Finding:
1. The final configuration of the parcels involved will not result in the loss of direct vehicular
access from an adjacent alley as there are no alleys in the vicinity.
Finding:
F. That the final configuration of a reoriented lot does not result in any reduction of the
street side setbacks as currently exist adjacent to a front yard of any adjacent key,
unless such reduction is accomplished through a zone change to establish appropriate
Planning Commission Resolution No. 2015
street side setbacks for the reoriented lot. The Planning Commission and City Council
in approving the zone change application shall determine that the street side setbacks
are appropriate, and are consistent and compatible with the surrounding pattern of
development and existing adjacent setbacks.
Facts in Support of Finding:
�. The lot line adjustment does not result in a reoriented lot configuration.
Planning Commission Resolution No. 2015
EXHIBIT G
LOT LINE ADJUSTMENT NO. LA2016-003
Exhibit G is available for review at the Planning Division of Community Development
Department or at http://www.newportbeachca.gov/index,aspx?page=2311.
Planning Commission Resolution No. 2015
EXHIBIT H
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT NO. LA2016-003
The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
2. Prior to the release for recordation, approval from the California Coastal Commission
shall be required.
3. Prior to the release for recordation of the lot line adjustment, the applicant shall submit
to the Public Works Department for final technical review.
4. Prior to the release for recordation of the lot line adjustment, the applicant shall apply for
a building permit to demolish the four mobile home units currently addressed as 76
Yorktown, 102 Yorktown, 125 Liberty, and 47 Saratoga, the internal drive aisles and
parking spaces within the mobile home park shall be reconfigured in conformance with
Exhibit 8 of the Back Bay Landing Planned Community Development Plan, and all work
fulfilling this requirement shall be completed and finalized by the Building Division.
5. This approval shall expire and become void unless exercised within 24 months from the
effective date of this approval, except where an extension of time is approved in
compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach
Municipal Code.
6. 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 Back Bay Landing including, but not limited to
LA2016-003 (PA2011-216). 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.