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HomeMy WebLinkAbout97-29 - Approving an Amendment to the Newport Place Planned Community District Regulation to Redesignate "Retail Commercial Site 1" (MacArthur Square) to "General Commercial Site No. 6" and to Add Institutional, Instructional and Educational Uses to the L• ORDINANCE NO. 97-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT REGULATION TO REDESIGNATE "RETAIL COMMERCIAL SITE 1" (MAC - ARTHUR SQUARE) TO "GENERAL COMMERCIAL SITE NO. 6" AND TO ADD INSTITUTIONAL, INSTRUCTIONAL AND EDUCATIONAL USES TO THE LIST OF PERMITTED USES. (PLANNING COMMISSION AMENDMENT NO. 861) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, Section 20.35.030 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved isby a Resolution of the Planning Commission recommending to the City Council the approval of an Ordinance setting forth full particulars of the amendment; and WHEREAS, the City Council is of the opinion that the proposed amendment to the Newport Place Planned Community District Regulations is consistent with the General Plan; and WHEREAS, the proposed diversification of permitted uses is consistent with the spirit, intent and provisions of Section 20.35.030 of the Municipal Code, to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large -scale community planning; and WHEREAS, the Planning Commission has conducted a public hearing on July 10, • 1997, at which time this amendment to amend the Newport Place Planned Community District Regulations was discussed and determined to be in conformance with the Newport Beach General Ord 97 -29 Plan, since the proposed amendment does not alter the commercial character of the subject property • or the Newport Place Planned Community District as a whole; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the City of Newport Beach has determined that the proposed amendment is exempt under Class 5 (minor changes in land use limitations), from the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, an amendment to the land use limitations of the Newport Place Planned Community District is necessary in order to allow a broader range of commercial uses on the subject property; and • WHEREAS, the proposed amendment to the land use limitations of the Newport • Place Planned Community District to allow the redesignation of the subject property to "General Commercial Site No. 6 ", allows the subject property to attract quality retail tenants whose location requirements are based on existing or permitted uses within a shopping center, some of which are prohibited by the limited range of permitted uses of the retail commercial designation; and WHEREAS, the combination of an overly restrictive list of permitted uses and the limited visibility of the subject property from MacArthur Boulevard, contribute to the ability of the subject property to attract retail businesses; and WHEREAS, an amendment to the land use limitations of the Newport Place Planned Community District is necessary in order to allow institutional, instructional and Ord 97 -29 educational facilities, as well as professional, business and medical office uses on the subject • property and the general commercial sites of Newport Place. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1. That Amendment No. 866 to redesignate "Retail Commercial Site 1" (MacArthur Square) to "General Commercial Site No. 6"; and to redesignate "Retail Commercial Site 2" to "Retail Commercial Site I"; amend by reference, the land use map of the Newport Place Planned Community District to reflect that change; and SECTION 2. That Part II, Section II, Group II -E, of the Newport Place Planned Community District Regulations be amended to read as follows: isNewport Place Planned Community Text Page 31 -32 E. Retail Commercial uses such as: 1. Restaurants, including outdoor, drive -in or take -out restaurants shall be permitted subject to the securing of a use permit except as noted under "a" and "b" below: a. Restaurants, other than outdoor, drive -in or take -out restaurants, shall be permitted in Retail - Commercial Site 1 without a use permit provided that the net floor area of all restaurant uses does not exceed 20% of the net floor area of the retail - commercial center. b. Outdoor, drive -in or take -out restaurants shall be designed and located so as to be an integral element of the retail - commercial center and shall not be permitted as a free - standing independent use in any case. 2. Barber shop and beauty parlor 3. Book and stationery store 4. Blueprinting and photostatics • 5. Camera shop 6. Delicatessen store 7. Florist 7 8. •10. 11. 12. 13. 14 15. Ord 97 -29 Shoe store or repair shop Tailor Tobacco store Office equipment retail and repair Pharmacies Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight. Ballroom Dance Instruction Facility and related activities, subject to a use permit in each case. Other uses similar to the above list. SECTION 3. That Part II, Section II, Group II -F of the Newport Place Planned Community District Regulations to be amended to read as follows: Newport Place Planned Community Text Pane 32 -33 4 F. General Commercial • 1. New car dealership, subject to a use permit, including ancillary uses listed under Part II, Section I1, Group 11,A. 2. Service stations subject to a use permit. 3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be subject to a use permit. Restaurant uses are permitted within General Commercial Sites 1, 2, 3, 5 and 6 and not permitted within General Commercial Site 4. 4. Hobby, Arts and Crafts, including: a. Sporting goods store b. Camera store C. Art gallery d. Craft store e. Pet store f. Bicycle store g. Other uses of similar nature 5. Book and Office Support Stores., including: a. Book store b. Office supplies C. Other uses of similar nature 6. Retail stores and professional service establishments, including: a. Pharmacies • b. Specialty food C. Fabric shops 4 • • • Ord 97 -29 d. Jewelry shops e. Furrier f Formal Wear g. Barber and hair styling h. Clothing store i. Liquor store j. Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight. k. Other uses of similar nature 7. Home and Office Furnishings, including: a. Home furniture store b. Office furniture store C. Interior decorators d. Home appliances e. Antique store f. Other uses of similar nature 8. Athletic Clubs, including: a. Spa b. Health club C. Recreation facility d. Other uses of similar nature 9. Home improvement stores, including: a. Hardware store b. Paint store C. Wallcovering store d. Other uses of similar nature 10. Retail nursery subject to a use permit 11. Institutional, instructional and educational uses, subject to a use permit in each case. * 12. Professional and Business Offices - see Part II, Section II, Group I for permitted uses. * Office uses are permitted within General Commercial Sites 3, 4, 5 and 6 and not permitted within General Commercial Sites l and 2. (9)(26)(30). SECTION 4. That all Statistical Reference information within the Newport Place Planned Community District Regulations be amended to reflect, by reference, the change of "Retail Commercial Site 1" (MacArthur Square) to "General Commercial Site No. 6"; and the change of "Retail Commercial Site 2" to "Retail Commercial Site 1" to read as follows: 5 Ord 97 -29 Newport Place Planned Community Text Page 9 • STATISTICAL ANALYSIS PART II RETAIL COMMERCIAL /PERMITTEDUSES - Part II, Section II, Group ILE A. Building Sites Site I... 1.4 acres .... .......................1.4acres The following statistics are for information only. Development may include but shall not be limited to the following. B. Building Area Site l .... 10,000 square feet.... 0.22 acres C. Parking ( Criteria :5 /spaces /1000sq. ft. (a7363 sq. ft. /space) . Site 1 ........ 50cars............ 0.41 acres D. Landscaped- Open Space Site 1........ 0.77 acres ........... 0.77 acres. E. BuildingHeiaht Building height of structures shall be limited to a height of thirty -five (35) feet. Newport Place Planned Community Text Pages 12-13 STATISTICAL ANALYSIS PART II AUTO CENTER AND GENERAL COMMERCIAL (8)(9) PERMITTED USES Part II, Section II, Group II A & F • A. Auto Center Building Sites r9 Ord 97 -29 Site lb - 3.0 acres • Site 2a - 2.9 acres 5.9 acres B. General Commercial Building Sites (8)(26) Site 1 - 3.0 acres Site 2 - 1.0 acres (9) Site 3 - 3.9 acres (9) Site 4 - 2.0 acres (9) Site 5 - 2.45 acresl (26) Site 6 - 1.40 acres(30) 13.75 acres C. Buildina Area (26)(27) Site 1 - 35,000 sq.ft. - 0.80 acres * Site 2 - 11,700 sq.ft. - 0.27 acres (9) * Site 3 - 49,380 sq.ft. - 1.13 acres (27) • ** Site 4 - * Site 5 - 20,870 sq.ft.(19)- 31,362 sq.ft. 0.57 acres (9) 0.72 acres (26) * Site 6 - 50.000 sq.ft.(28) 1.14 acres (3 0) 198,312 sq.ft. (28)- 4.61 acres (26)(27) (30) * Restaurants are permitted uses in sites 1, 2, 3, 5 and 6 subject to a use permit. (9)(23)(26)(27)(301 * *If the development of General Commercial. Site 4 is limited solely to Professional and Business Office use, then the allowable Building Area shall not exceed 30,000 sq.ft. (19) The following statistics are for information only. Development may include, but shall not be limited to the following. (8) D. Parking (Criteria4 spaces /1,000 sq.ft. @ 363 sq.ft. /space)(9)(26) Site 1 - 140 cars 1.17 acres • to recorded reciprocal easement shall be provided for ingress, egress and parking for mutual benefit between Hotel Site I and General Commercial Site 5. • • Site 2 - 47 cars Site 3 - 193 cars - Site 4 - 100 cars - Site 5 - 167 cars - Site 6 250 cars 897 cars - E. Landscaping- Open Space (9)(26) Site 1 Site 2 Site 3 Site 4 Site 5 (1 & 2 story) Site 6 Site 5 (3 story) Total Site 5 (4 story) Total 0.39 acres 1.61 acres 0.83 acres 1.39 acres 2.08 acres 7.47 acres 1.03 acres 0.34 acres 1.18 acres 0.60 acres 0.24 acres 2.58 acres Total 5.97 acres F. Building Height (8)(9)(26) 0.49 acres 6.22 acres 0.75 acres 6.48 acres Ord 97 -29 Building height of structures on Auto Center Site 1 a and 2b shall be limited to a height of thirty -five feet (35 ft.). Building height of structures on General Commercial Site 1,2,3, 4 and 6 shall be limited to a height of thirty -five (35 ft.) and on General Commercial Site 5 shall be limited to a height of fifty feet (50 ft.). SECTION 5. The Mayor shall sign and the City Council shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. 8 Ord 97 -29 SECTION 6. The Planning Director of the City of Newport Beach is also hereby • instructed and directed to apply all of the provisions of said District Regulations as described E herein, the same shall be in full force and effect and be a part of Title 20 of the Newport Beach Municipal Code. SECTION 7. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th. day of July, 1997, and was adopted on the 11th day of August 1997, by the following vote, to wit: AYES, COUNCIL MEMBERS O'NEIL, THOMSON, EDWARDS, HEDGES, GLOVER, NOYES, MAYOR DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE CITY CLERK • F:WSERSIPLM I Cn YCNL11 9 9 710 7 2 81RES- ORDW86I ORD.DOC 9 MAYOR 4,�G • 0 is STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 97 -29 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of August, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of August, 1997. (Seal; STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) ss. City Clerk of the City of Newport Beach, California OF PUBLICATION I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -29 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: August 16, 1997. In witness whereof, I have hereunto subscribed my name this day of 1997. City Clerk of the City of Newport Beach, California