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HomeMy WebLinkAbout95-115 - Planning Commission Amendment 825:7 RESOLUTION NO. 95 -115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 825, AMENDING VARIOUS PLANNED COMMUNITY DISTRICT REGULATIONS TO ADD `BARS" AND "THEATER/NIGHTCLUBS" TO THE LIST OF PERMITTED USES, SUBJECT TO THE SECURING OF A USE PERMIT IN EACH CASE. (PLANNING COMMISSION AMENDMENT NO. 825) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been.prepared; 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, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to a Planned Community Development Plan must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, on November 28, 1994, the City Council adopted Ordinance No. 94 -55, which was an amendment to Title 20 of the Municipal Code so as to establish definitions for the terms "bars" and "theater /nightclubs"; and WHEREAS, in keeping with the approval of Ordinance No 94 -55, various sections and tables of the Municipal Code, various Specific Area Plans and Planned Community District Regulations must be amended; and WHEREAS, at its meeting of June 22, 1995, the Planning Commission indicated that it desire to amend the Planned Community Districts listed as follows: • Balboa Bay Club • Bayview • Block 400, Newport Center • Civic Plaza • Corporate Plaza West • Harbor View Hills • North Ford • Banning/Newport Ranch • Bayview Landing • Block 800, Newport Center • Corporate Plaza • Fashion Island • Koll Center Newport • to include the definitions of "bars" and "theater /nightclubs" as permitted uses subject to the approval of a use permit; and WHEREAS, the project has been determined to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) under Class 5 (Nfmor Alterations in Land Use Limitations); and WHEREAS, the Planning Commission has conducted a public hearing on September • 7, 1995, at which time this amendment was discussed and recommended to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Newport Beach that Amendment No. 825, to add "bar" and "theater /nightclub" to the list of permitted uses in the Planned Community Districts Citywide, as specified in the attached Exhibit "1" made a part by reference, subject to the securing of a use permit in each case, is hereby approved. ADOPTED this 9th day of Octob ey 1995. / M G Attachment: Exhibit "1" i 2 =VA ) MAYOR F;\ WP511PLAMNINOICGR"95100"M50C.RES • EY,,.M 1 66199 Revisions to Planned Community District Regulations • (Planning Commission Amendment No. 825) • • 1;1� Revisions to Planned Community Development Regulations in Conjunction with Amendment No. 825 List of Planned Community Regulations to be amended. 1. Balboa Bay Club 2. Banning/Newport Ranch 3. Bayview 4. Bayview Landing 5. Block 400, Newport Center 6. Block 800, Newport Center 7. Civic Plaza 8. Corporate Plaza 1. BALBOA BAY CLUB 9. Corporate Plaza West 10. Fashion Island 11. Harbor View Hills 12. Koll Center Newport 13. North Ford If approved, The Balboa Bay Club Planned Community Regulations will be amended to read as follows: Ill. GENERAL NOTES I. Zoning Code Applicability Except as otherwise stated in this text, the requirements of the Newport Beach Zoning Ordinance shall apply. 15. Restaurants, bars and theater /nightclubs /Kitchen Facility Requirements The restaurants, bar and theater /nightclubs and all other commerciaUnstitutional kitchen areas shall be subject to the following requirements: 0 a. Kitchen exhaust fans are required and shall be designed to control odors and smoke, unless otherwise approved by the Newport Beach Building Department. b. Washout areas shall be provided in such a way as to insure direct drainage into the sewer system and not into the bay or the storm drains, unless otherwise approved by the Newport Beach Building Department. C. Grease interceptors shall be installed on all fixtures in any kitchen area where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Newport Beach Building Department and Public Works Department. Grease interceptors shall be located in such a way as to be easily accessible for routine cleaning and inspection. V. PERMITTED USES A. Primary Uses Permitted The following uses shall be permitted subject to approval of a use permit. Area 1 Area 2 Guest Facility Residential Units Amendment No,. 825 ADDENDUM September 7, 1995 Page 2 • • • C J �b Ll r • Guest Serving Retail Services Athletic Facility Restaurant, bars and theater /nightclubs (Indoor /Outdoor) General Public Assembly Facilities (i.e. Ballrooms and Conference Areas) Clothing/Dress Shops/Pro shop Barber Shop Jenclry Shop Beauty Salon General Retail Catering 2. BANNING/NEWPORT RANCH If approved, The Banning/Newport Ranch Planned Community Regulations will be amended to read as follows: SECTION V. PROFESSIONAL OFFICE/LIGHT INDUSTRIAL, AREA 2 It is the intent of Area 2 to permit a combination of business and professional offices, and light industrial land uses. B. Uses Requiring Use Permit The following uses shall be permitted subject to the securing of a use permit: I. Drive up teller units 2. Restaurants, including outdoor, drive -in or take -out restaurants; bars and theater /nightclubs. 3. Wholesale bakeries 4. Machine shops 5. Cabinet and Carpentry shops 6. Bottling Plants 7. Automobile Service Stations 8. Other uses, which in the opinion of the Planning Commission are of similar nature to above and not permitted in Section V, Sub - Section A, of this Planned Community Teat. 3. BAYVIEW the If approved, The Bayview Planned Community Regulations Areas 3, 4 and 5 will be amended to read as follows: Amendment No,. 825 ADDENDUM September 7, 1995 Page 3 AREA 3, PROFESSIORAL AXD ADMINISTRATIVE OFFICE_ Intent The intent is to provide areas for the development of professional and administrative offices and related uses In locations of close proximity to • residential areas. These uses can conveniently serve the public and create a suitable environment for professional and administrative office buildings especially designed for this purpose. Uses in the area have been located on sites large enough to provide for landscaped open spaces and offstreet parking facilities. The area is intended to be located on heavily traveled streets or adjacent to commercial or industrial districts. The land may be developed to utilize design features which take advantage of modern site planning techniques. Permitted Uses 1. Professional offices. • 2. Administrative offices. bACS theater �niytiiclutes 3. Restaurants /and delicatessens. 4. Accessory structures and uses necessary and customarily incidental to permitted uses including dry cleaners, barber shops, copy centers, shoe repairs, photo finishing, stationers, convenience markets and onsite liquor sales. 5. Business and real estate signs. 6. Gas stations, auto services, and detailing in parking structures. • 7. Health Club B. Offstreet parking structures. 12 Amendment No,. 825 ADDENDUM September 7, 1995 Page 4 c'o AREA 4 HOTEL SITE Intent • The Community Commercial designation provides areas for commercial uses which offer a wide range of goods and services including those facilities for overnight accommodations, shopping goods, convenience goods and ser- vices, and food services. • Permitted Uses 1. Hotels and motels 2. Ancillary structures and uses necessary and customarily incidental to hotels and motels including but not limited to: Retail businesses. • - Restaurants, burs Service businesses. Automobile parking lots and structures. Recreation facilities. Day nurseries. Public and private parks and playgrounds. Financial institutions. • - Public /private utility buildings and structures. is Amendment No,. 825 ADDENDUM September 7, 1995 Page 5 \1 AREA 5 RESTAURANT PROFESSIONAL AND ADMINISTRATIVE OFFICES Intent The Restaurant /Professional and Administrative Office designation provides • areas for commercial uses which offer a wide range of goods and services including those facilities for shopping goods, convenience goods and ser- vices, food services and recreation for the community. Permitted Uses • 1. Restaurants] bars and +nea4'Cr 1A �ghtclvl�5 Temporary Uses Permitted 1. Commercial coaches. Permitted Uses Subject to Use Permit 1. Automobile washing. • 2. Health Clubs. 3. Helistops. 4. Mini- storage facilities. 5. Public utility exchanges and substations. 6. Retail businesses. 7. Service businesses. 8. Animal clinics and hospitals. is 9. Administrative and professional offices. Amendment No,. 825 ADDENDUM 20 September 7, 1995 Page 6 • 4. BAYVIEW LANDING If approved, Bayview Landing Planned Community Regulations will be amended to read as follows: STATISTICAL ANALYSIS • Balview Landing Trve Area Acreage Maximum Sq. Footage Restaurant, bars and theater /nightclubs 5.0 10,000 sq. ft. Health Club 1 • 5.0• 40,000 sq. ft. Senior Residential 1" 5.0• 120 Units Open Space/Park Total 2 11.1 16.1 • ' Restaurant, bars, theaterstnightclubs, health club and senior residential uses uses are intended as alternatives in Area I. Only one of these three uses may be implemented. In the event senior residential is developed on this site, 30,000 S.F. of retail may be transferred to Fashion Island. SECTION H RESTAURANT DEVELOPMENT STANDARDS Restaurants, bar and theater /nightclub uses shall be subject to a Use Permit. Applicable development standards shall be determined at a later date and shall be subject to review and approval by the City of Ne% pon Beach. Except as othentise stated in this ordinance the requirements of the Nc% port Beach Zoning Codes shall apply. ® 5. BLOCK 400, NEWPORT CENTER If approved, The Block 400, Newport Center Planned Community Regulations will be amended to read as follows: Establish restaurants as a permitted use %tithin Area One, subject to the securing of a use permit in each rase. (Amendment No. 672, adopted December 12, 1988.) Amendment No,. 825 ADDENDUM September 7, 1995 Page 7 A3 Establish bars and theater /nightclubs as permitted uses within Area One, subject to the securing of a use permit in each case. (Amendment No. M. adopted ) • SECTION M. AREA ONE: COMMERCIAL, PROFESSIONAL. INSTITUTIONAL. BUSINESS AND MEDICAL OFFICES 1. Intent The intent in development of Area One is to permit the location of Commercial, Professional. Institutional, • Business and Medical and Dental Office uses and a fimited amount of commercial support activities involving sales to the general public of products related to the operation and use of such office facilities. 2. Permitted Uses A. Administrative, Professional, Institutional, Financial, Business, Medical and Dental Vices. B. Retail Sales and Services of a convenience nature, ancillary to the operation and use of the office facilities, located on the first floor of the buildings. E..xamples of such uses include without limitation pharmacy, optical, surgical and orthopedic supply, hearing aid sales, dental or clinical laboratory, medical accounting business, telephone answering service, barber shop, tobacco store, card shop, confectionery and newspaper stands. C. Medical Clinic • D. Parking Lots, Structures and Facilities. E. Restaurants, bars and theater /nightclubs subject to the approval of a use permit. 6. BLOCK 800, NEWPORT CENTER If approved, The Block 800, Newport Center Planned Community Regulations will be amended to read as follows: SECTION 111. AREA ONE: COMMERCIAL. PROFESSIONAL, INSTITUTIONAL AND BUSINESS OFFICES. Intent The intent in development of Aura One is to permit the location of commensal, professional, • institutional and business office uses, a restaurant and a limited amount of commercial support activities involving sales to the general public of products related to the operation and use of such once facilities. 2. Permitted Uses A. Administrative, professional, institutional, financial and business offices. Amendment No,. 825 ADDENDUM September 7, 1995 Page 8 as B. Retail sales and services of a convenience nature ancillary to the operation and use of the office facilities located on the first floor of the buildings. Examples of such uses include • without limitation tobacco store, card shop, confectionery and newspaper stands. C. Restaurants, bars and theaterinightclubs (Subject to use permit) D. Parking lots, structures and facilities. E. Car Wash • I. All drainage shall be into the sanitary sewer system. 2. This senioe shall be for building tenants and patrons of the Ritz Restaurant only. 3. Building Location All buildings shall be located in substantial conformance with the Ground Level Plan (see figure II and Plaza L.eiel Plan (see figure III). 4. Building Height All buildings shall be limited to a maximum eight of 125 feet above approved pad elevation as shown on the grading plan prepared in accordance uith the proiision of paragraph 12 of this Section. t7. CIVIC PLAZA If approved, The Civic Plaza Planned Community Regulations will be amended to read as follows: SECTION IV. CIVIC, CULTURAL, BUSINESS AND PROFESSIONAL OFFICES B. Permitted Uses The following shall be permitted: 1. Retail sales and senice of a convenience nature. 2. Administrative and professional offices. 3. Restaurants, bars and theater /nightclubs. Subject to Use Pert 4. Institutional, financial and govemmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. Amendment No,. 825 ADDENDUM September 7, 1995 Page 9 a5 S. CORPORATE PLAZA If approved, The Corporate Plaza Planned Community Regulations will be amended to • read as follows: SECTION IV. BUSINESS, PROFESSIONAL AND COMMERCIAL B. Permitted Uses • The following shall be pemtitted: I. Retail sales and service of a convenience nature. 2. Administrative and professional offices (excluding medical offices). 3. Restaurants „including outdoor, drive -in or takeout restaurants, bars and theater /nightclubs shall be subject to the securing of a use permit in each rase. Facilities other than indoor dining establishments or those that qualify as outdoor, drive -in or takeout establishments shall be subject to the City of NetNport Beach regulations covering drive -in and outdoor establishments. 4. Institutional, financial and govemmen4al facilities. • 5. Civic, cultural, commercial recreational and recreational facilities. 6. Parking lots, structures and facilities. 7. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engincer and approved by the Director of Planning. 9. CORPORATE PLAZA WEST If approved, The Corporate Plaza West Planned Community Regulations will be amended to read as follows: SECTION N. BUSINESS, PROFESSIONAL AND COMMERCIAL B. Permitted Uses The follovring shall be permitted: 1. Retail sales and service of a convenience nature. 2. Administrative and professional offices (excluding medical offices). Amendment No,. 825 ADDENDUM September 7, 1995 Page 10 Ll 3. Restaurants, including outdoor, drive -in or take -out restaurants, bars and theater /nightclubs shall be subject to the securing of a use permit in each case. Facilities other than indoor • dining establishments or those that qualify as outdoor, drive -in or take -out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. 4. Institutional, financial and governmental facilities. 5. Civic, cultural, commercial recreational and recreational facilities. 0 6. Parking lots, structures and facilities. 7. Drive -up teller units, subject to the review of the on -site parking and circulation plan by the City Traffic Engineer and approved by the Planning Department. 10. FASHION ISLAND If approved, The Fashion Island Planned Community Regulations will be amended to read as follows: • Add the following definitions: DEFINITIONS Bars. Shall be as defined in Title 20 of the Newport Beach Municipal Code. Theater / nightclubs. Shall be as defined in Title 20 of the Newport Beach Municipal Code. FASHION ISLAND PLANNED COMMUNITY DISTRICT REGULATIONS INTENT It is intended that Fashion Island be developed as a regional retail commercial center. These regulations will permit a broad range of commercial uses appropriate to a regional retial commercial center. These uses include retail uses, restaurants, bars, theater/nightclubs and uses which are service in nature. In recognition of the unique nature of a regional retail commercial use, certain uses which ordinarily required approval of a use permit are permitted uses in this area. • 3. Restaurants, bars and theater /nightclubs located throughout the Planned Community; and outdoor and take-out restaurants, bars and theater/nightclubs contained within the Fashion Island Mall area. 8. Accessory uses normally incidental to commercial developments, including video game devices in theaters, bars, theater/nightclubs and restaurants, where such uses do not alter the character of the area in respect to their use for purposes permitted in the district. Accessory buildings shall be allowed only when constructed concurrent with or subsequent to the buildings housing primary uses. Amendment No,. 825 ADDENDUM September 7, 1995 Page 11 USES WHICH REQUIRE A USE PERMIT The following uses shall be permitted subject to the securing of a use permit in each case: I. Gymnasiums, health clubs and other uses which are of a similar nature. 2. Free standing drive -in, outdoor and take -out restaurants, bars and theater /nightclubs located outside the Fashion Island Mall area. 3. Drive -in facilities. • DEVELOPMENTSTANDARDS Floor Area and Development Limits. The total gross floor area permitted in all structures, except theaters and enclosed bicycle lockers, shall not exceed 1,633,850 gross square feet; provided, however, that the floor area devoted to parking within a building shall not be considered in determining the total floor area allowed. Of this floor area limitation a maximum of 15% may be for restaurant, bars and theater /nightclub uses, including drive - in and take -out restaurants, both freestanding restaurants, bars and theater / nightelubs and those within the Fashion Island mall area. Commercial land uses not within a structures, such as balloon vendors, ice cream carts, popcorn carts and similar uses which are "portable" in nature, shall not be a reduction of entitlement established by this section. Outdoor areas and kiosks which are defined by planters, awnings, shade structures, fences or rails and are for the exclusive and permanent use for display or seating by a retail or restaurant, bar or theater /nightelub use shall be calculated as floor area. Incidental outdoor seating, covered or uncovered, which is not for the • exclusive use of any retail or restaurant establishment shall not be calculated as floor area as entitled by this section. Bicycle storage lockers contained within structures shall not be calculated as floor area as entitled by this section. Theater use shall be limited to no more than 1,700 theater seats. Other Parking Requirements Any area which is calculated as part of the total floor area limitation shall be included in the gross floor area to determine the parking requirement. Parking for gymnasiums and health clubs shall be prodded in addition to that required for other commercial uses (retail, restaurant, bar, theater /nightclub and theater), and shall be based upon a demonstrated formula established at the time of review and approval of a use permit by the Planning Commission. Compact parking shall be permitted up to a maximum of twenty-five percent (25 0/6), and shall be located in a manner acceptable to the City Traliic Engineer. Existing parking may be converted to the City's universal parking stall configuration, subject to review and approval of the revised parking lot layout by the City Traffic Engineer. Valet parking shall be permitted. Operational characteristics of any valet parking service and the location of parking areas used exclusively for valet parked cars will be subject to the review and approval of the city Traffic Engineer. Areas of the parking lot used for valet parking shall be remote from the mall area to the greatest extent feasible. 40 The design and layout of all parking areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. Amendment No,. 825 ADDENDUM September 7, 1995 Page 12 Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. Nighttime lighting shall be limited to that necessary for security and • shielded from any adjacent residential area. The plans shall be prepared and signed by a licensed electrical engineer; with a letter from the engineer stating that this requirement has been met. The lighting plan shall be subject to review and approval of the City Planning Department. Restaurants . All restaurants, including drive -in and takeout restaurants, bars and theater / nightclubs shall be subject to the following requirements: • 1. Kitchen exhaust fans are required and shall be designed to control odors and smoke, unless otherwise approved by the Newport Beach Building Department. 2. A washout area or areas islare required and shall be provided in such a way as to insure direct drainage into the sewer system and not into the bay or the storm drains, unless otherwise approved by the Newport Beach Building Department. 3. Grease interceptors shall be installed on all fixtures in any restaurant, bar and theater /nightclub facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Newport Beach Building Department and Public Works Department. Grease interceptors shall be located in such a way as to be easily accessible for routine cleaning and inspection. 11, HARBOR VIEW HILLS If approved, The Harbor View Hills Planned Community Regulations will be amended to read as follows: SECTION VIII. COMMERCIAL AREA 14 This area is intended primarily to provide for the retail, senice, office, medical and dental and general commercial facilities necessary to support this community. A. Permitted Uses 1. Retail and service businesses, including bars, restaurants frncluding outdoor, take -out and drive -in) and theater /nightclubs as Specified in Title 20 of the Municipal Code. 2. Administrative and professional offices. 3. Automobile service stations, subject to the approval of Use Permit. 4. Institutional governmental, civic, cultural and recreational activities. 5.Acoessoty structures and uses necessary and customarily incidental to permitted uses. 6. Signs contained in Section X, Signs, of this ordinance subject to the criteria contained in said section. 12. KOLL CENTER NEWPORT If approved, The Koll Center Newport Planned Community Regulations will be amended to read as follows: Amendment No,. 825 ADDENDUM September 7, 1995 Page 13 t0 r PREFACE It is the intent of this Planned Community Development to provide compre- hensive zoning for what is now the Collins Radio property. Planned within this development are a hotel with banquet and convention facilities a small retail and service center, service stations, restaurants, a site for the proposed Orange County Courthouse with the balance of thjAacreage develope • as a business and professional office park emphasizing open space. Remaining within the park will be the existing Collins Radio facility. It will be incorporated into the park, designed as an integral element, and designated within the light industrial segment. J • Amendment No,. 825 ADDENDUM September 7, 1995 Page 14 1' Group II. HOTEL AND MOTEL (1) Subject to a use permit, Group 111. COURT HOUSE • State, County and /or City Facilities. Group IV. SERVICE STATIONS & MECHANICAL CAR STASH (4) A. Service stations subject to the City of Newport Beach service station standards. • B. Mechanical car wash, subject to a use permit. Mechanical car wash shall only be allowed in conjunction with or in lieu of a permitted service station use. Group V. RESTAURANTS (7) niC A. Restaurants, including outdoor, drive -in or take -out restaurants ,^shall be subject to the securing of a use permit in each case. Facilities other than indoor dining establish- ments or those that qualify as outdoor, drive -in or take -out establishments shall be subject to the City of Newport Beach regulations covering drive -in and outdoor establishments. • Group VI. RETAIL & SERVICE CENTER (1) A. permitted Utes 1. Restaurants , including outdoor, drive -in or take -out restaurants ffihalI be permitted subject to the securing of a use permit except as noted under "a" and "b" below. (7) a. Restaurants, other than outdoor, drive -in or take -out restaurants, shall be permitted 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 and service center. b. Outdoor, drive -in or take -out restaurants shall be subject to a use permit and shall be governed by -29;11 - of the Newport Beach Municipal Code. TifiL su 2. Barber shop and beauty parlor 3. Book and stationery store 4. Blueprinting and photostatics Amendment No,. 825 ADDENDUM September 7, 1995 Page 15 Section III Section IV 3. Blueprinting, photostating, photo engraving, printing, publishing and bookbinding, provided that no on -site commercial service is associated with said uses. __--4;r fhBa-fnlghfcl� 4. Cafeteria, cafe, restaurant; ^or Su3TTo�r 5. Service stations will be permitted, subject to a use . permit, provided that no on -site commercial service is associated with said uses. C. To allow auto detailing as a permitted use subject to the following conditions: 1. All drainage shall be into the sanitary sewer system. • 2. That` all car wash and auto detailing operations shall be conducted within a covered area. 3. This service shall be designed to serve building tenants and their patrons and guests, and shall be ancillary to the primary use. (19) Industrial Service and Support Facilities Permitted Uses (1) A. To allow a combination of general industry, business and professional offices, and industrial support activities, provided that such activities are confined within a building or buildings, and do not contribute excessive • noise, dust, smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential due to the nature of the products, materials or processes involved. , 1. All uses permitted under Part 1, Section ILA and Section 11.8. a. Business and professional offices. b. Industrial Support Facilities, to include activi- ties limited to the sale of products or services. c. Distribution and warehousing plants. General Development Standards for Industry A. Site Area (3) Minimum site area shall not be less than thirty thousand (30,000) square feet. Footprint lots shall have all • required appurtenant areas contiguous thereto and the sum of these areas shall not be less than thirty thousand (30,000) square feet. -11- Amendment No,. 825 ADDENDUM September 7, 1995 Page 16 • • • a. Building Height Two story development ............ Three story development .......... Four story development ........... Five story development ........... Six story development ............ Seven story development .......... Eight story development .......... Nine story development ........... Ten story development ............ Eleven story development ......... Twelve story development ......... Land Coverage(16) 11.06 acres 7.38 acres 5.53 acres 4.43 acres 3.69 acres 3.16 acres 2.77 acres 2.46 acres 2.21 acres 2.01 acres 1.84 acres b. Parking Land Coverage(11)(13)(16) 3213 cars ........................ 26.77 acres c. Landscaped Open Space(11) Two story development ............ Three story development .......... Four story development ........... Five story development ........... Six story development ............ Seven story development .......... Eight story development .......... Nine story development ........... Ten story development ............ Eleven story development ......... Twelve story development ......... 3. Site C (10) Land Coverage(11)(13)(16) 5.87 acres 9.55 acres 11.40 acres 12.50 acres 13.24 acres 13.77 acres 14.16 acres 14.47 acres 14.72 acres 14.92 acres 15.09 acres Allowable Building Area ............. 674,800 square feet(15)(17)* Site Area ........................... 18.806 acres(4) a. Building Height Land Coverage(15) Two story development ............. 7.75 acres Three story development ........... 5.16 acres Four story development ............ 3.87 acres Five story development ............ 3.10 acres Six story development ............. 2.58 acres Seven story development ........... 2.21 acres Eight story development ........... 1.94 acres Nine story development ............ 1.72 acres Ten story devel :)ment ............. 1.55 acres Eleven story development .......... 1.41 acres Twelve story development .......... 1.29 acres b. Parking Land Coverage(15) 2249 cars ........................ 18.74 acres * The square footage includes a maximum of 3,250 square feet for up to two (2) restaurants^ Any portion or all of the floor area not utilized for purpose shall rev ei(t to professional and business office use. (17) hats, or -- heab -e /ni ahtelubs Amendment No,. 825 ADDENDUM -16- September 7, 1995 Page 17 ��7 Group V. RESTAURANTS (1)(4) A. Building Sites Maximum acreages for Site 2 shall not exceed 1.25 (18) acres. Maximum acreage for Site 3: 1.765 acres. Maximum acreages for Sites 4 and 5 shall not exceed 3.0 acres. Maximum acreage for Sites 6 and 7 shall not exceed 2.2 acres. (8) • (The following acreages are for information only.) Site 1 Oeleted see Group.Vll ---- - - - - -- (18) Site 2 ....................... 1.25 acres Site 3 ....................... 1.765 acres .a, • Site 4 ....................... 1.50 acres Site 5 ....................... 1.50 acres Site 6 ........................ 1.50 acres(8) Site 7 ....................... 0.70 acres(8) 8.215 acres ......... 8.215 acres Site 1 Deleted see Group VII Private Club (18) Site 3 located within Office Site "F ". (4) Sites 2, 4 and 5 located within Office Site "B ". (4)(16) Sites 6 and 7 located within Office Site "G ". (@) /-6ar,-fhez f6 1i)�uhf� lob Any portion or all of the restaurant/ creage for bites z, 4, 5, 6 or 7 not utilized for that purpose shall revert to • professional and business office use. Any portion or all of the restaurant acreage for Site 3 not utilized for that pur- pose shall revert to either professional and business office use or service station use. (4)(8)(18) The following statistics are for information only. Oevelopment may include but shall not be limited to the following. B. Building Area (4) Site 2 ........ 5,000 sq. ft. .... 0.11 acres Site 3 ........ 10,000 sq. ft. .... 0.22.acres Site 4 ........ 7,000 sq. ft. .... 0.16 acres Site 5 ........ 7,000 sq. ft. .... 0.16 acres Site 6 (8) .... 7,000 sq. ft. .... 0.16 acres Site 7 (8) .... 3.000 sq. ft. .... 0.07 acres 39,000 sq. ft. .... 0.88 acres ..... 0.88 acres(8)(18) • Amendment No.. 825 ADDENDUM September 7, 1995 21 Page 18 h B. Building Height Building height of structures shall be limited to a height of fifty (50) feet. Section II. Permitted Uses Group I. PROFESSIONAL AND BUSINESS OFFICES To allow the location of commercial activities engaged in the sale of products or services relating to and supporting the Development Plan, provided that such activities are confined within a building or buildings. A. Professional Offices similar in nature to but not limited to the following: (6) 1. Accountants 2. Attorneys ` 3. Doctors, dentists, optometrists, oculists, chiropractors and others licensed by the State of California to practice the healing arts. 4. Engineers, architects, surveyors and planners. B. Business Offices similar in nature to but not limited to the following: (6) • 1. Advertising agencies 2. Banks 3. Economic consultants 4. Employment agencies 5. Escrow offices 6. Insurance agencies 7. Laboratories: a. Dental- b. Medical. c. X -Ray d. Bio- chemical e. Film, whol,esaf'e only f. Optometrical 8. Stockbrokers 9. Studios for interior decorators, photographers, artists and draftsmen. 10. Telephone answering services 11. Tourist information and travel agencies C. Hotel and Motel (1) • To allow for the location within Office Site "A" of a hotel or motel development, subject to a use permit. f2gr5 and #ewfet- n1Q7t14Vk5 D. Restaurantsosu Sect to the securing use permit in each case. (1)(3)(4)(7) 1. Deleted (18) Amendment No,. 825 ADDENDUM September 7, 1995 Page 19 / h� • 2. To allow within the 43.703 acres of Office Site "B" three (3) restauran sites. (16) X11 {� +GI✓I� ��C nTG — FfiELt %Et"! 3. To allow within the 18.806 acres of Office Site-"C" up to ba Y res auran wites with a total area not to exceed ty _Ay 3,250 square feet. Specific location of these restaurants,^ ` to be determined at a later date. The permitted pro- J fessional and business offices' allowable building area for the site will be reduced accordingly.07) cl� 4. To allow within the 1.765 acres of Office Site "F" two 6a r& " es auran ^sites. Specific location of these sites to be determined at a later date. All other acreage shall be adjusted and shall not increase or decrease the pro- fessional and business offices allowable building area • for the site. 5. To within the 5.317 acres of Office Site "G" two PY l 2) restauranW ites. Specific location of these sites to be determined at a later date. All other acreage shall not increase or decrease the professional and busi- ness offices' allowable building area for the site. (8) • E. Private Club (4)(18) To allow within Office Site "A" one (1) private club site. Specific location to be determined at a later date. F. Service Station (4) • To allow within Office Site "F" one (1) service station site. Specific location to be determined at a later date. All other acreages shall be adjusted and shall not increase or decrease the professional and business office allowable building area for the site. * (4) If restaurant or private club uses are developed, the allowable building area for Office Site "B" shall be restricted by one of the following conditions: 1. The 963,849 square feet of allowable building area shall not increase or decrease so long as twenty -five (25) percent of the 41.969 acres constituting Office Site "B" is developed as landscaped area. (16) 2. If twenty -five (25) percent of the 42.709 acres constituting Office Site "B" is not developed as landscape area, the 963,849 square feet �� 1 of allowable buildin area shall be reduced'by the gross building • o the restaurants,�nd /or private club. The allowable building area shall be further reduced by the number of additionat narking spaces required to support a restaurantor a private club beyond ew would be required for an equivalent area of office use. The .ce ;— reduction shall be 225 square feet per additional spaaccei..,,1), Amendment No,. 825 ADDENDUM September 7, 1995 Page 20 G. Support commercial (20) The uses permitted under this section are of a convenience nature ancillary to the operation and use of office facilities. These uses shall be in addition to those sites permitted under Part II, • Section II, Group V (Restaurants). These uses shall not increase the allowable building area for Professional and Business Office. 1. Retail sales and services including tobacco stores, card shops, confectionary and newspaper stands, and other uses which, in the opinion of • the Planning Director, are of a similar nature. Retail uses shall be located in the basement or on the first floor of a building. Storage for such uses shall be within a building. r • 2. Restaurants including outdoor restaurants and take -out restaurants ,,Ashall be permitted subject to securing a use p it in each case. r� r2 /Iii ��°1alBi-,) /Gf�J�C-�/%fIS _ -26.1- Amendment N0.. 825 ADDENDUM September 7, 1995 Page 21 �'1 demonstrated formula agreeable to the Planning Director.(4) In the event that private clubs or ath- letic clubs are converted to another use parking requirements for the new use shall be subject to review by the Planning Director. (5) 6. Res a. Restauran ac �11e L,., `- .98.039 (d) f the Newport Code, except as noted under "b" and t Restaurants dance with Beach Municipal "c" below. (70 * b. Restaurants, other than outdoor, drive -in or take -out restaurants, within retail and service centers (1) shall provide one (1) space for each 200 square feet of net floor area and one (1) loading space for each 10,000 square feet of gross floor area, to the extent that the net floor area of all restaurants does not exceed twenty (20) percent of the net floor area of the retail and service center. In the event that any restaurant causes the total of all restaurant uses in the retail and service center to exceed the twenty (20) percent limitation noted above, that entire restaurant and any subsequent restaurants shall pro- vide parking as noted under "a" above. • Parking for outdoor, drive -in and take -out • restaurants shall be provided in accordance with Section 20.53.060 of the Newport Beach Municipal Code. 7. Commercial Retail and Service Center (5) One (1) space for each 200 square feet of net floor area. One (1) loading space for each 10,000 square feet of gross floor area. Professional and business office parking shall be provided per Part III, Section I.B.I. Athletic or health club parking shall be provided per Part III, Section I.B.5b. 8. Hotels and Motels One (1) space for each guest unit plus employees' parking on a demonstrated formula. Parking for restaurants, bars, banquet rooms, retail shops or service stores shall be as specified in the above applicable section or on a demonstrated formula acceptable to the Planning Director. • Professional and business office net floor area shall be included in this provision. Athletic and health club net floor area shall be excluded from this provision. (5) Amendment No,. 825 ADDENDUM September 7, 1995 Page 22 F7 • 13. North Ford 0 • • If approved, The North Ford Planned Community Regulations will be amended to read as follows: Amendment No,. 825 ADDENDUM September 7, 1995 Page 23 o� 5 SECTION VI. COMMERCIAL, AREA 3 A. Intent The intent of this district is to allow the location of light general • commercial activities engaged in the sale of products to the general public. Said activities shall be contained within a building or buildings and shall not contribute excessive noise, dust, smoke, or vibration to the surrounding environment, nor contain a high hazard potential due to the nature of the products, material or processes involved. B. Permitted Uses The following uses and other uses which in the opinion of the Planning Director are compatible shall be permitteds 1. Retail sales and service of a convenience nature. - %` /45ho -f bsa, -� 2. Restaurants, including outdoor, drive-in or take-out restaurant s^shal1 be subject to the securing of a use permit in each case. 3. Fire, police and other similar state, county and municipal facilities. 4. Service stations subject to the development standards contained in • this Ordinance, Section VII. C. Building Site Area Two thousand (2,000) square feet minimum. D. Setbacks All setbacks shall be measured from the property line. For the purpose of this Ordinance, a streetside property line is that line created by the adopted right -of -way of the frontage street. 1. Street Frontage Yard Setback Thirty (30) feet, except that unsupported roofs or sunscreens may project six (6) feet into the setback area. 2. Interior Side Yard Side yard setbacks will be required only other than commercially zoned property. required in such cases. Unsupported roofs three (3) feet into the setback area. 3. Rear Yard None required. CRD138 -22- when subject property abuts A ten (10) foot setback is and sunscreens may project • Amendment No,. 925 ADDENDUM September 7, 1995 Page 24 4� E. signs • 1. Identification Sign Area - General Standard Only one (1) single or double -faced identification sign shall be permitted per street frontage for each individual business. No sign shall exceed an area equal to one and one -half (1 -1/2) square feet of sign for each one (1) foot of lineal frontage of the building • or store. However, no sign shall exceed 200 square feet in area per face. a. Identification Ground Sign 0 • An identification ground sign shall not exceed four (4) feet above grade in vertical height. Also, ground signs in excess of 150 square feet in area (single face) shall not be erected in the first twenty (20) feet, as measured from the property line, of any streetside setback. However, the above standards shall not apply to the Multi- Tenant Directory sign or the allowed signs listed in the Sign Appendix of this Ordinance. b. Identification Hall Sign In no event shall an identification sign placed on a wall comprise more than 10 percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. 2. Restaurant Pole Sign (Indudin9 bar and IlC"a rhlyhfdub) One (1) identification pole sign per site will be allowed. If a pole sign is utilized, it shall be in lieu of other identification signs allowed by E. 1. a. and b. above. Pole signs shall be limited to a maximum height of twenty (20) feet and a maximum area of fifty (50) square feet per face, double- faced. 3. Multi- Tenant Directory Sign One (1) directory sign listing only the name of the firms or businesses on a site shall be allowed. Said sign shall be limited to a maximum height of twenty (20) feet. Panels identifying each individual store shall be no larger than one (1) foot in height and five (5) feet in length. 4. Real Estate Sign rani 38 Said sign shall not exceed a maximum area of thirty -two (32) square feet and shall be of a ground type sign. Amendment No,. 925 ADDENDUM September 7, 1995 -23- Page 25 �y 5. Special Purpose Sign Signs used to give directions to traffic or pedestrians or give instructions as to special conditions shall not exceed a total of six • (6) square feet (single face) in area and shall be permitted in addition to the other signs listed in this section. 6. Additional Signs Additional signs, as listed in the Sign Appendix of this Ordinance, shall be permitted according to the criteria and performance standards • contained in said appendix. 4 F. Building Height All building appurtenant structures shall be Limited to a maximum height of thirty -two (32) feet. C. Sign Standards 1. Signs (to include all those visible from the exterior of any building) may be lighted but no signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion. 2. Signs shall be restricted to advertising only the person, firm, company or corporation operating the use conducted on the site or the products produced or sold thereon. 3. A wall sign with the individual letters applied directly shall be measured by a rectangle around the outside of the lettering and /or the pictorial symbol and calculating the area enclosed by such Line. All signs attached to the building shall be flush mounted. H. Parking 1. Restaurants�bacs wnJ thtaicr /nIjhfClkLs r,kle 20 Parking shall be in accordance with of the Newport Beach Municipal Code. 2. Outdoor. Drive -in and Take -Out Restaurants T%414 20 Parking shall be in accordance with Reerion 10.51 of the Newport Beach Municipal Code. • 3. Commercial One (1) space for each 250 square feet of gross floor area. One (L) Loading space for each 10,000 square feet of gross floor area. Amendment No,. 825 ADDENDUM September 7, 1995 -24- Page 26 CRD13a