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HomeMy WebLinkAbout97-25 - Planning Commission Amendment 858RESOLUTION NO. 97- 25 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT TO AMEND THE LIST OF PERMITTED USES OF "INDUSTRIAL SITE NO. 4" (COMMERCE PLAZA) TO ALLOW THE ESTABLISHMENT OF A REMEDIAL DRIVING INSTRUCTION AND COUNSELING FACILITY, SUBJECT TO A USE PERMIT IN EACH CASE. (PLANNING COMMISSION AMENDMENT NO. 858) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and • WHEREAS, the proposed diversification of permitted uses is consistent with the spirit, intent and provisions of Section 20.51.015 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 City Council has determined that this amendment to the Newport Place Planned Community District Regulations is in conformance with the "Administrative, Professional and Financial Commercial" designation of the Newport Beach General Plan, since the proposed amendment does not alter the industrialloffice 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 Res 97 -25 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, studies have demonstrated that adult oriented businesses create undesirable secondary effects which are inconsistent with the establishment and maintenance of child oriented land uses in close proximity to the adult oriented businesses; and WHEREAS, the proposed amendment to the land use limitations of the Newport Place Planned Community District, to change the list of permitted uses, will apply only to Industrial Site No. 4 and not to any other industrial, general commercial or retail commercial sites of Newport Place; and WHEREAS, an amendment to the land use limitations of the Newport Place Planned Community District is necessary in order to allow the proposed use on the subject • property; and • WHEREAS, the proposed amendment to the land use limitations of the Newport Place Planned Community District will not detract from the other industrial and general commercial sites of Newport Place the ability to attract commercial tenants, since their list of permitted uses is not affected. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve Amendment No. 858 to change the list of permitted uses of "Industrial Site No. 4" of the Newport Place Planned Community District, to allow the establishment of remedial driving instruction and counseling facility and to amend the Newport Place Planned Community District Regulations Part I, Section II, Group I -B to read as follows: -2- Res 97 -25 Newport Place Planned Community Text Page 16: PART I. INDUSTRIAL • Section H. Permitted Uses Group I. Light Industrial. B. To allow the location of offices and areas associated with and accessory to the permitted uses listed under A. 1. Administrative, professional and business offices. 2. Regional or home offices of industries which are limited to a single use. 3. Blueprinting, Photostatting, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial services is associated with said use. 4. Cafeteria, cafe, restaurant or auditorium 5. Service stations will be permitted, subject to a use permit provided that no on -site commercial service is associated with said use * * *6. Remedial driving instruction and counseling facility, subject to a use permit in each case. * This use shall be limited to Industrial Site No. 4 only and does not apply to any • other industrial sites. * *That all uses, including remedial driving instruction/counseling facilities, located within Industrial Site No. 4 shall be limited to providing services to adult clientele only, any use dedicated to serving school aged and minor children shall be prohibited. ATTEST: CITY CLERK J ADOPTED this 24th day of March 11997: MAY R -3- 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 resolution, being Resolution No. 97 -25, 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 24th day of March, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: Edwards Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of March, 1997. • (Seal) • M City Clerk of the City of Newport Beach, California