HomeMy WebLinkAbout2019-3 - Adopting Planned Community Development Plan Amendment No. PD2015-005 Amending Area 5 of the Bayview Planned Community (PC-32) for the Harbor Pointe Senior Living Project - a Senior Convalescent and Congregate Care Facility Located at 101 BayviewORDINANCE NO. 2019-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING PLANNED
COMMUNITY DEVELOPMENT PLAN AMENDMENT NO.
PD2015-005 AMENDING AREA 5 OF THE BAYVIEW
PLANNED COMMUNITY (PC -32) FOR THE HARBOR
POINTE SENIOR LIVING PROJECT — A SENIOR
CONVALESCENT AND CONGREGATE CARE FACILITY
LOCATED AT 101 BAYVIEW PLACE (PA2015-210)
WHEREAS, an application was filed by Harbor Pointe Senior Living LLC of
California ("Applicant"), with respect to property located at 101 Bayview Place, and legally
described as Lot 1 of Tract No. 12528 in the City of Newport Beach, County of Orange,
State of California, as per Map recorded in Book 551 Pages 38 through 41 inclusive of
Miscellaneous Maps, in the Office of the County Recorder of said County, Assessor's
Parcel No. 442-283-05 ("Property");
WHEREAS, the Applicant proposes the demolition of an existing approximately
8,800 square -foot restaurant ("Kitayama") to accommodate the development of an
approximately 85,000 square -foot, three-story senior convalescent and congregate care
facility (i.e., memory care and assisted living) as a State -licensed Residential Care Facility
for the Elderly ("RCFE") with 120 beds ("Project");
WHEREAS, in order to implement the Project, the Applicant requests or requires
the following approvals from the City of Newport Beach ("City"):
• General Plan Amendment ("GPA") — The current land use designation is
General Commercial Office ("CO -G") which allows 8,000 square feet for
restaurant use or 70,000 square feet for office use. The general plan amendment
would change the CO -G land use designation to Private Institutions ("PI") and
amend Anomaly No. 22 to allow the 85,000 square foot RCFE (Table LU2 and
associated figures);
• Planned Community Development Plan Amendment (Zoning) — To change
the allowed land uses and amend development standards in Area 5 of the
Bayview Planned Community ("PC -32") Zoning District;
• Major Site Development Review — To ensure the Project is developed in
accordance with the applicable planned community and zoning code
development standards and regulations pursuant to Newport Beach Municipal
Code ("NBMC") Section 20.52.080 (Site Development Reviews);
Ordinance No. 2019-3
Page 2 of 5
• Conditional Use Permit — To allow the use of the Property as a 120 bed RCFE
(memory care and assisted living facility) with conditions of approval that protect
the health, safety and general welfare of the surrounding community;
• Development Agreement — The applicant has requested a development
agreement, which will provide for public benefits as the project is implemented;
and
• Environmental Impact Report ("EIR") — To address reasonably foreseeable
environmental impacts of the Project with corresponding mitigation measures that
reduce those environmental impacts in accordance with the California
Environmental Quality Act ("CEQA") in 14 California Code of Regulations Section
15000 et seq. and the California Public Resources Code Section 21000 et. seq.
WHEREAS, the Property is located within Area 5 of the PC -32 Zoning District and
the General Plan Land Use Element category is designated as CO -G;
WHEREAS, the Property is not located within the coastal zone; therefore, a coastal
development permit is not required;
WHEREAS, on February 23, 2017, the Planning Commission held a study session
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California,
to provide initial direction on the Project. No action was taken at the study session.
Although not required, the City mailed a courtesy public notice of this study session to
property owners within a 300' radius of the Property;
WHEREAS, on September 13, 2018, the Planning Commission held a study
session in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, to receive a project update and review the draft EIR. No action was taken at
the study session. Although not required, the City mailed a courtesy public notice of this
study session to property owners within a 300' radius of the Property;
WHEREAS, on December 6, 2018, the Planning Commission held a public hearing
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with
California Government Code Section 54950 et. seq. ("Ralph M. Brown Act") and Chapter
20.62 of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, the Planning Commission adopted Resolution No. PC2018-033 by a
unanimous vote of 6-0 recommending approval of the Project, and the land use entitlements
referenced above, to the City Council;
Ordinance No. 2019-3
Page 3 of 5
WHEREAS, on January 17, 2019, the Airport Land Use Commission ("ALUC")
reviewed the proposed project and found it consistent with the AELUP. However, the ALUC
did include two conditions on the consistency determination: (1) to modify noise mitigation
measure NOI-4; and (2) to include an additional condition of approval on the project requiring
outdoor signage informing the public of the presence of operating aircraft;
WHEREAS, on February 12, 2019, the City Council held a public hearing in the
City Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of
time, place and purpose of the public hearing was given in accordance with the Ralph M.
Brown Act and NBMC. Evidence, both written and oral, was presented to, and considered
by, the City Council at this public hearing;
WHEREAS, amendments to the General Plan and Zoning Code are legislative
acts and neither the NBMC nor State Planning Law set forth any required findings for
either approval or denial of such amendments;
WHEREAS, the proposed amendment to the PC -32 Zoning District meets the
intent and purpose for a PC as specified in NBMC Section 20.56.010 (Planned
Community District Procedures, Purpose). The property is located in the northern portion
of Santa Ana Heights, which includes a mixture of commercial support uses, professional
offices, a hotel, and residential developments. The amended PC -32 Development Plan is
complimentary to the surrounding development, including the standards and allowed uses
of the other planning areas of the PC -32 Zoning District and the adjoining Santa Ana
Heights Specific Plan Area;
WHEREAS, the proposed amendment to the PC -32 Development Plan would
apply appropriate site and Project -specific setbacks, intensity, and height limits to the
project site given the site's urban location and all required parking is provided onsite. The
site is currently fully developed and does not support any natural resources. All potential
environmental impacts associated with the Project are appropriately addressed through
standard building permit procedures and the mitigation measures identified in the final
EIR;
WHEREAS, the proposed PC -32 (Bayview Planned Community) amendment and
zoning designation are consistent with the proposed General Plan Amendment (GP2015-
004) that changes the land use category from CO -G to PI, and amends Anomaly No. 22
to replace the existing allowed development limits of 8,000 square feet for restaurant or
seventy thousand (70,000) square feet for office with 85,000 square feet for a RCFE; and
Ordinance No. 2019-3
Page 4 of 5
WHEREAS, the future development of the property affected by the proposed
amendments will be consistent with the goals and policies of the Land Use Element of
the General Plan; and will be consistent with the purpose and intent of the proposed PC -
32 Zoning District of the NBMC.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council has considered the recommendation of the Planning
Commission and has determined that modifications to the Project made by the City
Council, if any, are not major changes that require referral back to the Planning
Commission for consideration and recommendation.
Section 2: The City Council of the City of Newport Beach hereby approves
Planned Community Development Plan Amendment No. PD2015-005 as depicted in
Exhibit A, attached hereto and incorporated herein by reference, changing the land use
designation for Area 5 of the Bayview Planned Community (PC -32) Zoning District from
Restaurant Site/Administrative Office to RCFE with a maximum allowed gross floor area
of 85,000 square feet and amend other land use and development standards.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the operative part of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: The Harbor Pointe Senior Living Project Final Environmental Impact
Report (SCH No. 2016071062) was prepared for the project in compliance with CEQA,
the State CEQA Guidelines, and City Council Policy K-3. By Resolution No. 2019-_, the
City Council, having final approval authority over the project, adopted and certified as
complete and adequate the Harbor Pointe Senior Living Project Final Environmental
Impact Report (SCH No. 2016071062) and adopted "Mitigation Monitoring and Reporting
Program." Resolution No. 2019-_ is hereby incorporated by reference.
Ordinance No. 2019-3
Page 5of5
Section 6: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of February 2019, and adopted on the 26th day of
February, 2019, by the following vote, to -wit:
AYES: Mayor Dixon, Mayor Pro Tem O'Neill Council Member Brenner Council
Member Herdman, Council Member Muldoon Council Member Duffield
NAYS: Council Member Avery
RECUSED:
ABSENT:
ATTEST:
almk-c'
LEILANI I. BROWN, CITY C RK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
� AARO ARP, CITY ATTORNEY
DIANE B. DIXON, MAYOR
Exhibit A: PC -32 (Bayview Planned Community Development Plan and Development
Standards)
Exhibit A
BAYVIEW
PLANNED COMMUNITY DEVELOPMENT PLAN
AND DEVELOPMENT STANDARDS
CITY OF NEWPORT BEACH
August 15, 1985
Amendment No. 644
Resolution No. 87-24
Adopted February 9, 1987
Amendment No. 825
Resolution No. 95-115
Adopted October 9, 1995
Planned Community Amendment No. PD2010-004(PA2010-062)
Ordinance No. 2010-12
Adopted July 6, 2010
Planned Community Amendment No. PD2015-005 (PA2015-210)
Ordinance No. 2019 -
Adopted February 26, 2019
TABLE OF CONTENTS
Page No.
INTRODUCTION I
GENERAL NOTES 2
DEFINITIONS
SITE STATISTICS
AREA 1, MULTIFAMILY RESIDENTIAL 6
AREAS 1 AND 2, SINGLE-FAMILY RESIDENTIAL 9
AREA 3, PROFESSIONAL AND ADMINISTRATIVE OFFICE 12
AREA 4, HOTEL SITE
15
AREA 5, RESIDENTIAL CARE FACILITY FOR THE ELDERLY (RCFE) 18
AREA 6, BUFFER 23
INTRODUCTION
T .nratinn
The Bayview project site is located on the southwest corner of the intersections of Bristol
Street South and Jamboree Road in the Santa Ana Heights area of unincorporated Orange
County. To the north is Bristol Street South and the extension of the Corona del Mar
Freeway. West of the site is a residential area of single-family homes. To the south is
Upper Newport Bay.
Existing Zoning
• PA/95 PD: Professional Administrative
• CC/90: Community Commercial
• CC/35: Community Commercial
• R1-2975 PD (2975): Single family, 2,975 square feet minimum lot size.
• R2-2, 400: Multi -family, 2,400 square feet minimum area per unit.
B 1: Buffer.
The development standards set forth herein will provide for the development of the
subject property, in accordance with these standards and those of the City of Newport
Beach.
Land Uses
The Bayview development is designated for residential, recreational, commercial,
professional, institutional, hotel, and office uses as shown on Exhibit 1.
GENERAL NOTES
1. Water service to the Planned Community District will be provided by the Irvine
Ranch Water District or the City of Newport Beach.
2. Sewage Disposal service facilities to the Planned Community will be provided by the
Irvine Ranch Water District.
3. Except as otherwise stated in this Planned Community text, the requirement of the
Newport Beach Zoning Ordinance shall apply. Where a conflict exists, the Planned
Community text shall supersede.
4. The contents of this text notwithstanding, all construction within the Planned
Community boundaries shall comply with all provisions of the Uniform Building
Code and the various mechanical codes related thereto except as noted in the
Preannexation Agreement.
5. A pedestrian and bicycle trail system shall be provided as shown on the approved
Tentative Map of Tract No. 12212. The system shall be reviewed and approved by
the City of Newport Beach Public Works Department.
6. Affordable housing shall be provided as per the Bayview Preannexation Agreement.
7. Park dedication shall be provided as per the Bayview Preannexation Agreement.
2
Tiaflnitinm
The following definitions shall apply to the development of Bayview Planned
Community.
1. Gross Acreage shall mean the entire site area within the project boundary as shown on
the approved Tentative Map of Tract 12212.
2. Parcel Map Net Area shall mean the entire area within the project boundary line
excluding previously dedicated perimeter streets.
3. Building Acreage shall mean the entire site area within the project boundary
excluding streets, park dedication, areas with existing natural slopes greater than 2:1,
and natural floodplains.
4. Cluster Unit Development shall mean a combination or arrangement of attached or
detached dwellings and their accessory structures on contiguous or related building
sites where the yards and open spaces are combined into more desirable arrangements
or open spaces and where the individual sites may have less than the required average
of the district but the density of the overall development meets the required standard.
5. Conventional Subdivision on a Planned Community Concept shall mean a
conventional subdivision of detached dwellings and their accessory structures on
individual lots where the lot size may be less than the required average for the district
but where open space areas are provided for the enhancement and utilization of the
overall development.
3
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AREA 1, MULTIFAMILY RESIDENTIAL
Intent
The inclusion of multi -family residential units in the Bayview Planned Community
District provides quality housing opportunities to the general public.
Permitted Uses
1. Single-family dwellings/attached or detached.
2. Noncommercial recreation facilities.
3. Duplexes.
4. Dwelling groups and multiple -family dwellings.
5. Residential condominium projects and community apartment projects.
6. Sewage lift stations.
7. Community care facilities service six or fewer persons.
8. Any other uses that in the opinion of the City of Newport Beach Planning
Commission are of a similar nature.
9. Gated community with vehicular access control facilities.
Temporary Uses Permitted
1. Model homes, temporary real estate offices, and signs.
2. Temporary use of a mobile home residence during construction.
3. Real estate signs.
6
Accessory Uses Permitted
The following accessory uses and structures are permitted when customarily associated
with and subordinate to a permitted principal use on the same building site.
1. Garages and carports.
2. Swimming pools and spas.
3. Fences and walls.
4. Signs.
5. Any other accessory use or structure which the Planning Commission finds to be of a
similar nature.
Development Standards/Attached Residential
1. Maximum Height Limits
All buildings shall not exceed an average of 35 feet.
2. Setbacks
A minimum setback of fifteen feet shall apply to all structures other than garages
adjacent to public streets; except that balconies and patios may encroach six feet
into the required setback.
Architectural features such as but not limited to cornices, eaves, and wingwalls
may extend two and one-half (2-1/2) feet into the required setback from a public
street.
Setbacks shall be measured from the ultimate right-of-way line.
3. Setbacks from Other Property Lines and Structures
a. A minimum of first -story front yard setback of five feet shall be required.
This setback shall be measured from the back of curb or in the event that
sidewalks are constructed, from back of sidewalk. The second story front
may be constructed adjacent to the back of curb or in the event that
sidewalks are constructed, adjacent to back of sidewalk.
b. All main residential structures shall be a minimum of eight feet apart.
This shall be measured from face of finished wall to face of finished wall.
7
C. Detached garages shall be separated from main residential structures a
minimum of eight feet. This also shall be measured from face of finished
wall to face of finished wall.
d. Garages with direct access from private streets shall be set back a
minimum of five feet form back of curb, or in the event that sidewalks are
constructed, form back of sidewalk.
e. A minimum five-foot setback shall occur from the most northerly property
line of lots 5, 6, and 7 on the Tentative Map of Tract 1236.
4. Fences, Hedges and Walls
Fences shall be limited to a maximum height of eight feet.
5. Architectural Features
Architectural features, such as but not limited to cornices, eaves, and wing walls,
may extend two and one-half (2-1/2) feet into any front, side or rear yard setback.
6. Parking
Two covered spaces per unit plus .36 guest parking spaces per unit will be
required. 25% of all guest parking may be compact spaces. Guest parking shall
be clustered with a minimum of tow spaces per cluster.
8
AREAS I AND 2, SINGLE FAMILY RESIDENTIAL
Intent
The R1 designation is established to provide for the development of a medium density
single family residential neighborhood. The area provides a method whereby land may be
developed to utilize design features which take advantage of modern site planning
techniques. The intent is to produce an integrated development project providing an
environment of stable, desirable character which will be in harmony with existing and
potential development of the surrounding neighborhood.
Permitted Uses
1. Single-family dwellings.
2. Noncommercial recreation facilities.
3. Sewage lift stations.
4. Any other uses that in the opinion of the City of Newport Beach Planning
Commission are of a similar nature.
5. Gated community with vehicular access control facilities.
Temporary Uses Permitted
1. Model homes, temporary real estate offices, and signs.
2. Temporary use of a construction trailer.
3. Real estate signs.
Accessory Uses Permitted
The following accessory uses and structures are permitted when customarily associated
with and subordinate to a permitted principal use on the same building site.
1. Garages and carports.
2. Swimming pools and spas.
3. Fences and walls.
E
4. Patio covers.
5. Any other accessory use or structure which the Planning Commission finds to be of a
similar nature.
Development Standards
1. Maximum Height Limits
All buildings shall not exceed an average of 35 feet.
2. Building Site Area
The minimum building site area shall be 2,975 square feet.
3. Setbacks
a. Front Yard
(1) Where garages face the street, the front yard setback shall be a
minimum of five feet from back of curb or in the event sidewalks
are constructed, minimum of five feet from back of sidewalk.
(2) Where garages face the alley the front setback shall be a minimum
of eight feet from back of curb or in the event sidewalks are
constructed, minimum of eight from back of sidewalk.
b. Side Yard
(1) Minimum setback of four feet from property line with a ten foot
minimum setback between buildings.
C. Rear Yard
(1) Where garages face the street, the rear yard setback shall be a
minimum of eight feet.
(2) Where garages face the alley rear setback shall be a minimum of
fifteen feet from centerline of alley.
4. Fences, Hedges, and Walls
Fences shall be limited to a minimum height of eight feet except within the front
yard setback where fences, hedges and walls shall be limited to three feet.
10
5. Trellis
Open trellis and beam construction, and patio covers where reciprocal side yard
easements exist, shall be permitted within six feet of a residential structure on
adjacent property. Trellis and beam construction and patio covers shall be
permitted to extend to within three feet of the residential dwelling on the adjacent
property if the structure is open on three sides and the total area is 400 square feet
or less. Where a corner dwelling exists adjacent to a private street or drive, open
trellis and beam construction and patio covers shall be permitted to extend within
three feet of a property line except in such cases where an intervening wall exists,
such structure may not extend beyond said wall. Limited to 9' 0" in height
6. Parking
Parking for residential uses shall be in the form of not less than two (2) covered
parking spaces on-site per dwelling unit.
7. Architectural Features
Architectural features, such as but not limited to cornices, eaves, fireplaces, bay
windows and wingwalls, may extend two and one-half (2-1/2) feet into any front,
side or rear yard setback.
8. Pools, Spas, Air Conditioning and Related Equipment
Where reciprocal easements exist, pools and spas may be located in the reciprocal
easement; however, no pool, spa or air conditioning equipment shall be permitted
in the reciprocal easement. All pool, spa and air conditioning equipment shall be
sound attenuated in such a manner as to achieve a maximum sound level of
55dBA at the property line.
1. Equipment may not cross property line.
2. Pools or spas may cross property line up to easement line.
11
AREA 3, PROFESSIONAL AND 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.
3. Restaurants, bars, theater/nightclubs 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.
8. Offstreet parking structures.
9. Landscaped areas, parks, and open space areas when integrated into the development
proj ect.
10. Any other uses that in the opinion of the City of Newport Beach Planning
Commission are of similar nature.
11. Medical Offices
12. Outpatient surgery facility
12
Permitted Uses Subject to Use Permit
1. Helistop.
Development Standards
1. Maximum Height Limits
All buildings shall not exceed 95 feet in height. This height shall be measured
from first floor elevation (excluding subterranean levels) to ceiling elevation of
uppermost floor. An additional fifteen (15') feet height extension is permitted
only to accommodate and screen mechanical equipment.
2. Building Site Area
The minimum building site area shall be 10,000 square feet.
Minimum Building Site Width: There is no restriction on building site width
Minimum Building Site Depth: There is no restriction on building site depth.
Maximum Gross Floor Area: The total gross floor area of the combined two
commercial office building structures shall not exceed 660,000 gross square feet.
There is no gross floor area or building coverage restrictions on individual
buildings in cluster developments provided that the provisions stated above are
met, adequate offstreet parking is provided, and provisions are made for the
maintenance of common areas and access to individual building sites. This is
subject to the review of the Director of Planning and the Director of Public
Works.
3. Setbacks
Front, side, and rear yard setbacks shall each be ten feet from the property line.
Distances between buildings shall be in compliance with the Uniform Building
Code.
4. Streets and Driveways
Streets and driveways shall provide adequate vehicular circulation for service and
emergency vehicles for the project and the area within which it is located.
Required widths and improvements shall be established by the recorded Tract
Map.
13
5. Offstreet Parking
Offstreet parking shall be provided in accordance with the approved parking plan
and Preannexation Agreement.
6. Trash and Storage Area
All storage of cartons, containers, and trash shall be shielded from view within a
building or within an area enclosed by a wall not less than six feet in height.
7. Landscaping
Detailed landscaping and irrigation plans shall be prepared by a licensed
landscape architect, licensed landscaping contractor, or architect, and shall be
reviewed by the Department of Parks, Beaches, and Recreation and approved by
the Director of Planning and Director of Public Works.
14
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 services, 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, bars and theater/nightclubs.
• 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.
• Self-service laundry and dry cleaning facilities.
• Any other uses that in the opinion of the City of Newport Beach Planning
Commission are of a similar nature.
Temporary Uses Permitted
1. Commercial coaches.
Permitted Uses Subject to Use Permit
I&
1. Automobile washing.
2. Health Clubs.
3. Helistops.
4. Mini -storage facilities.
5. Public utility exchanges and substations.
6. Any other use which the Planning Commission finds consistent with the purpose and
intent of this area.
Permitted Accessory Uses
The following accessory uses and structures are permitted when customarily associated
with and subordinate to a permitted principal use on the same building site.
buildings.
1. Detached buildings.
2. Fences and walls.
3. Signs.
4. Accessory uses and structures which the Planning Commission finds to be of a similar
nature.
5. Onsite liquor sales.
Prohibited Uses
1. Automobile repair garages, fender and body repair, and paint shops.
2. Automobile service stations.
3. Automobile wrecking, junk, and salvage yards.
4. Beverage bottling plants.
5. Cleaning, dyeing, and laundry plants.
6. Ice Production.
OR
7. Rental and sales agencies for agricultural, industrial, and construction equipment.
8. Rental and sales agencies for trailers, boats, trucks, automobiles, and recreational
vehicles.
9. Tire retreading.
10. Warehouses, contractor's storage yards, and work and fabricating areas.
11. Welding shops.
12. Wholesale bakeries.
Development Standards
1
2.
3
Maximum Height Limits
Buildings shall not exceed 90 feet. This height shall be measured from first floor
elevation (excluding subterranean levels) to ceiling elevation of uppermost floor.
An additional fifteen (15') feet height extension is permitted only to accommodate
and screen rooftop mechanical equipment.
Building Site Area
There are no specifications for minimum building site area.
Offstreet Parking
Offstreet Parking shall be provided in accordance with the and Preannexation
Agreement. Any changes to said plan shall be approved by the City of Newport
Beach Planning Director.
Structural Setbacks
Community Commercial uses which abut:
Use Front Yard Side and Rear Yards
Commercial 5 feet 0 feet
Residential 5 feet 20 feet
Professional Administrative 5 feet 0 feet
Street setbacks: Front, side and rear yard setbacks shall each be ten feet from the
property line. Distances between buildings shall be in compliance with the
Uniform Building Code.
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5. Loading
All loading and unloading operations shall be performed on the site and loading
platforms and areas shall be screened by a landscape or architectural feature.
6. Trash and Storage Area
All storage of cartons, containers and trash shall be shielded from view within a
building or within an area enclosed by a wall not less than 6 feet in height.
7. Landscaping
Detailed landscaping and irrigation plans shall be prepared by a licensed
landscape architect, licensed landscaping contractor, or architect, and shall be
reviewed by the Department of Parks, Beaches, and Recreation and approved by
the Director of Planning and Director of Public Works.
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AREA 5 RESIDENTIAL CARE FACILITY FOR THE ELDERLY (RCFE)
Intent
The Residential Care Facility for the Elderly (RCFE) designation provides areas for
facilities which serve seniors in need of assisted living, memory care and similar uses.
The purpose of this designation is to support an "aging in place" development that
offers a range of living arrangements for senior citizens that includes physical and
programmed social connectivity, and supportive services.
Permitted Uses Subject to Use Permit
1. RCFE as defined by the State of California including assisted living facilities and
memory care services serving the elderly.
2. Any other uses that in the opinion of the City of Newport Beach Planning
Commission are of a similar nature.
Temporary Uses Permitted
1. Temporary uses are subject to the provisions of NBMC Section 20.52.040 (Limited
Term Permits) or its successor section.
Permitted Accessory Uses
The following accessory uses are permitted when customarily associated with and
subordinate to a permitted principal use on the same building site.
1. Retail businesses as an accessory use to the RCFE.
2. Service businesses as an accessory use to the RCFE.
Prohibited Uses
1. Any use specifically not listed as permitted or conditionally permitted.
Development Standards
1. Maximum Height Limits
Buildings shall not exceed 35 feet. This height shall be measured from first floor
elevation (excluding subterranean levels) to ceiling elevation of uppermost floor.
An additional ten (10') feet height extension is permitted only to accommodate
and screen mechanical equipment.
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2. Maximum Square Feet
Floor area limit is 85,000 sq. ft.
3. Building Site Area
Minimum building site area is 1.5 acres
4. Off -Street Parking
Off-street parking shall be provided at a ratio of not less than one space per three beds.
5. Setbacks
Front (Bayview Place): 10 feet
Right Side (Bristol Street): 15 feet
Left Side: 40 feet
Rear: 40 feet
6. Other Development Standards
Unless otherwise approved by the review authority, all other development standards
including those related to signs, fences, walls, lighting, noise, solid waste and recycling,
and landscaping shall comply with the NBMC Title 20 (Planning and Zoning) and any
other applicable titles of the NBMC.
7. Loading
All loading and unloading operations shall be performed on the site and loading
platforms and areas shall be screened by a landscape or architectural feature.
8. Trash and Storage Area
All storage of cartons, containers and trash shall be shielded from view within a
building or within an area enclosed by a wall not less than 6 feet in height.
9. Landscaping
Detailed landscaping and irrigation plans shall be prepared by a licensed
landscape architect, licensed contractor, or architect, and shall be reviewed and
approved by the Community Development Director.
20
AREA 6, BUFFER
Intent
The Buffer designation is established to provide open space forth purpose of buffering
two areas of use that are incompatible, preserving an area with unique or sensitive
environmental features, linking other open space areas, or shaping urban form, and for
reservation of potential road right-of-way.
Permitted Uses
1. Back Bay access.
2. Marine preserves.
3. Passive parks and greenbelts.
4. Riding and hiking trails.
5. Fences.
6. Viewpoints.
7. Wildlife corridors.
8. Any other use that in the opinion of the City of Newport Beach Planning Director is
consistent with the above stated uses, purposes, and intent of the area.
9. Roadways.
10. Desilting basins and drainage facilities.
11. Active parks and playgrounds.
12. Overhead or underground utility facilities.
13. Walls or opaque fences over 3-1/2 feet in height.
14. Any other use which the Planning Commission finds consistent with the purpose and
intent of this area.
21
Permitted Accessory Uses
Accessory uses and structures which are customarily associated with and subordinate to a
permitted principal use on the same building site and which are consistent with the
purpose and intent of this district are permitted.
Site Development Standards
1. Building Site Area
There is no minimum building site area.
2. Building Height
The maximum building height shall be 18 feet.
Building Setbacks
Building Setbacks shall be 20 feet from all property lines.
4. Signage
No signs shall exceed six square feet in area.
22
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2019-3 was duly introduced on the 12th day of February, 2019, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 261h day of February, 2019, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Council Member Joy Brenner, Council Member Duffy Duffield, Council Member
Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor
Diane Dixon
NAYS: Council Member Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of February, 2019.
dAM4
Leilani I. Brown, M C
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2019-3 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 newspaper of general circulation
on the following dates:
Introduced Ordinance: February 16, 2019
Adopted Ordinance: March 2, 2019 'A
In witness whereof, I have hereunto subscribed my name this day of M
2019.
f
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California