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HomeMy WebLinkAboutPA2019-010COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov ZONING COMPLIANCE LETTER (VIA EMAIL) February 13, 2019 Reference No.PA2019-010 National Zoning Consultants Attn: Mary Bickerton PO Box 211 Pinetop, AZ 85935 RE:1401 Avocado Avenue, Newport Beach, CA 92660 APN 442 082 14 Dear Ms. Bickerton: The above referenced property is currently located within the Block 400 Planned Community (PC28)and designated as CO-M Medical Commercial Office within the Land Use Element of the General Plan.Block 400 is the Newport Center Medical Building Complex consisting of four existing buildings and an adjacent parking structure.Building 2 has the subject address.The remainder of the site is divided between surface parking and landscaping. The Block 400 Planned Community Development plan which includes development standards and use restrictions was established in 1984 in conjunction with the original medical office development. The intent in development of Planned Community 28 (Block 400 Newport Center) is to permit the location of Commercial,Professional. Institutional, Business and Medical and Dental Office uses and a limited amount of commercial support activities involving sales to the general public of products related to the operation and use of such office facilities.Please refer to Planned Community 28 for list of permitted uses and development standards including sign,parking, and landscaping requirements for the subject property (provide the link here). At the time the building permits were finaled, the building and parking requirements were in substantial conformance with the Planned Community 28 (Block 400 Newport Center) development standards.If the subject property does not comply PA2019-010 Page 2 Zoning Compliance –PA2019-010 Tmplt: 08-15-176 with the current regulations, it is considered to be nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the property. With the exception of the discretionary approvals for signs, copies of those approvals are attached. Please contact the Planning Division for further details on any discretionary application: Code Amendment No. CA2009-005 and Planned Community Development Plan No. PD2009-003 (PA2009-111)–adopted November 24, 2009, by the City Council to incorporate several properties into the North Newport Center Planning Community and change the zoning classification of these properties (Ordinance No. 2009-28). The subject property does not have any active complaints on record.For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at 949-644-3312 or jperez@newportbeachca.gov. Sincerely, Joselyn Perez, Planning Technician Enclosures:Aerial Map Table LU1 of the Land Use Element of the General Plan Block 400 Planned Community Plan Discretionary Approvals PA2019-010 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 2/8/2019 0 400200 PA2019-010 PA2019-010 BLOCK 400 PLANNED COMMUNITY DISTRICT Newport Center December 1983 Newport Beach, California Ordinance 88-119 Adopted December 12, 1988 Amendment No. 672 Resolution No. 95-115 Adopted October 9, 1995 Amendment No. 825 Ordinance No. 2009-28 Adopted November 24, 2009 Amendment No. 2009-111 PA2019-010 ii TABLE OF CONTENTS Page Introduction 1 Figure 1. General Site Location 2 Section I. Statistical Analysis – Block 400 Planned Community District 3 Section II. General Notes 4 Section III. Commercial, Professional, Institutional, Business and Medical Offices 5 Figure II. Ground Level Plan 8 Figure III. Parking Deck Level Plan 9 Amendments 10 PA2019-010 1 INTRODUCTION The Block 400 Planned Community District for the City of Newport Beach is a part of the Newport Center Development and is in conformance with the Newport Beach General Plan adopted in March 1983 and as amended. The subject property, known as Block 400, consists of approximately 11.92 acres and is adjacent to Newport Center Drive on the west, San Miguel Drive on the south, Avocado Avenue on the east and San Nicolas Drive on the north. The purpose of this Planned Community (PC) District is to provide for the Zoning Classification and Development of the subject property in accordance with the Development Standards set forth herein. Block 400 is the Newport Center Medical Building Complex consisting of 4 existing buildings (1 9-story, 1 8-story and 2 7-story with a One-Level parking structure adjacent). The buildings contain commercial, professional, institutional, business office, medical and dental office, and support commercial uses ancillary to the office uses. The remainder of the site is divided between surface parking and landscaping with an area containing a parking deck. The General Site location and the Land Use Plan for the subject property are set forth in Figure I. PA2019-010 2 FIGURE I – GENERAL SITE LOCATION PA2019-010 3 SECTION I. STATISTICAL ANALYSIS 1. Areas of Development: 11.924 Acres 2. Area Summary: Gross Floor Area Building #1 (Existing) - 80,000 S.F. Building #2 (Existing) - 100,497 S.F. Building #3 (Existing) - 91,448 S.F. Building #4 (Existing) - 80,000 S.F. TOTAL 351,945 S.F. Percentage of Site Coverage Building Footprint - 10% Parking Area - 65% Landscape and Pedestrian Circulation - 25% 3. Intensity of Developed Areas: Maximum Floor Area for Commercial, Professional, Institutional, Business and Medical Office Uses - 351,945 S.F. PA2019-010 4 SECTION II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 3. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Planning Director. 4. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 5. All parking lot lighting shall be subject to the review and approval of the Planning Director. 6. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Planning Director. 7. Prior to the issuance of grading permits for Block 400such area shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 8. Building No. 4 shall be subject to the issuance of a Use Permit. 9. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5. 10. Building No. 4 shall pay its "fair-share" of Circulation Systems Improvements for the ultimate circulation system prior to the issuance of any building and/or grading permits. 11. Building No. 4, prior to the issuance of any building and/or grading permits, shall deposit with the EIR Finance Director the sum proportional to the percentage of future additional traffic related to said building in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport, and in the Irvine Terrace, and in the Jamboree Road areas. PA2019-010 5 SECTION III. COMMERCIAL, PROFESSIONAL, INSTITUTIONAL, BUSINESS AND MEDICAL OFFICES 1. Intent: The intent in development of Block 400 is to permit the location of Commercial, Professional. Institutional, Business and Medical and Dental Office uses and a limited 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 Offices. 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 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. 3. Building Location: All buildings shall be located in substantial conformance with this Ground Level plans (Figure II) and Parking Deck Level plan (Figure III). 4. Building Height: Building No. 4 shall be limited to a maximum height of 113'-6" above approved finished floor elevation as shown on the grading plan to be prepared in accordance with the provisions of paragraph 12 of this Section. 5. Signs: A. Building Address Sign. Building address numerals and street name shall be a maximum of two (2) feet in height. Building address signs for Building No. 4 shall be located on the east and west elevations on the sign band at the First Level and shall conform to the signage on existing buildings No. 3 and No. 4. B. Project Identification Signs. i. Monument Signs identifying the entire complex contained in Block 400 Planned Community District are proposed in two (2) locations: a) Newport Center Drive in landscaping in front of Building No. 1. b) San Miguel Drive in landscaping just east of Building No. 4. ii. Project identification signs shall be of a standard type to be constructed according to criteria furnished by the Irvine Company and approved by the Planning Director. PA2019-010 6 C. Tenant Identification Signs. Tenant identification signs are divided into three (3) categories which are: i. Regular Tenant ii. Major Tenant iii. Special Category Tenant The above mentioned signs are oriented to a standard legibility scale for pedestrian and vehicle recognition, and will be designed and constructed in accordance with the Newport Center criteria of the Irvine Company. 6. Sign Standards: A. Signs (to include all those visible from the exterior of any building) may be lighted but not signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink, or more in any animated fashion. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the uses conducted on the subject property. C. 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. D. All signs attached to the building shall be flush mounted and located on the sign panel above the first level. 7. Parking: Adequate off-street parking shall be provided to accommodate the parking needs for the development of Block 400. The intent is to eliminate the need for any on-street parking. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with applicable off-street parking requirements of the City of Newport Beach Zoning Ordinance. On-Site parking spaces for all uses in Area One will not exceed a maximum of the number required by the City of Newport Beach zoning Ordinance, provided that a maximum of twenty-five percent (25%) and two percent (2%) respectively, of such total parking spaces may be limited to use for compact cars and for handicapped persons respectively, upon approval of parking plan approved by the Planning Director and City Traffic Engineer. The requirement for parking supporting a medical office use shall be 3.5 parking spaces per 1,000 s.f. of Gross Building Area. 8. Landscaping: Detailed landscaping and irrigation plans, prepared by a licensed landscape architect or architect, shall be reviewed by the Director of Parks, Beaches and Recreation. All landscaping referred to in this paragraph shall be maintained in a neat and orderly fashion. A. Screening. Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. PA2019-010 7 B. Landscaping -Vehicle Separation. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. C. Parking Areas. Trees, equal in number to one (1) per each seven (7) surface parking stalls shall be provided in the parking area of Block 400. 9. Loading Areas: Streetside loading shall be visually screened from view from access streets and adjacent property. Said screening shall form a complete opaque screen. 10. Refuse Collection Areas: A. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. 11. Telephone, Gas and Electrical Service: All "on-site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. PA2019-010 8 FIGURE II – GROUND LEVEL PLAN PA2019-010 9 FIGURE III – PARKING DECK LEVEL PLAN PA2019-010 10 AMENDMENTS Establish restaurants as a permitted use within Block 400, subject to the securing of a use permit in each case. (Amendment No. 672, adopted December 12, 1988.) Establish bars and theater/nightclubs as permitted uses within Block 400, subject to the securing of a use permit in each case. (Amendment No. 825, adopted October 9, 1995.) Remove northwest corner at Newport Center Drive and San Nicolas Drive, and open space corners from Avocado from the Block 400 Planned Community District. (Ordinance No. 2009-28, adopted November 24, 2009.) PA2019-010 PA2019-010 II 1111111111111111 II *NEW FILE* PA2009-111 PA2019-010 01_Resolution_Ordinance_Action PA2019-010 ' \. • CITY OF NEWPORT BEACH PLANNING DEPARTMENT NOTICE OF FINAL APPROVAL DATE: r 111111? ·-. TO: November 24, 2009 Shawna L. Schaffner Planning Director i FILE COPY FROM: l SUBJECT: PD2009-003 and CA2009-005 (PA2005-196) Please be advised that the City Council at their meeting of November 10, 2009 approved PA 2009-111. The effective date of this decision is November 24, 2009. Any deviation to the application and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: The Irvine Company Location: Block 100, Block 400 and Block 800 (portion) in the Newport Center Should you have any questions, please contact our office at 644-3235. Very truly yours, PLANNING DEPARTMENT inger rin Administrative Assistant Planning Department Enclosure: Resolution No. 1793 and Ordinance No. 2009-28 cc: Property Owner Applicant 3300 Newport Boulevard · Post Office Box 1768 , Newport Beach, California 92658-8915 Telephone: (949) 644-3200 · Fax: (949) 644-3229. www.city.newport-beach.ca.us PA2019-010 ORDINANCE NO. 2009-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA APPROVING AN AMENDMENT TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN AND A CODE AMENDMENT TO DISTRICTING MAPS NO. 48, NO. 49, AND NO. 50 (PA2009-111} WHEREAS, an application was filed by the Irvine Company (Applicant) with respect to properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein, requesting approval of Planned Community Development Plan Amendment No. PD2009-003 and Code Amendment No. CA2009-005; and WHEREAS, Applicant proposes to incorporate properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein, into the North Newport Center Planned Community and to change the zoning classification of these properties from Administrative, Professional, Financial (APF), and Planned Community (PC-28, PC-23, and PC-27) to Planned Community (PC-56); and WHEREAS, the Planning Commission of the City of Newport Beach, California held duly noticed public hearings on the application on October 8, 2009, and on October 22, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California; and WHEREAS, the Planning Commission considered evidence, both written and oral, at these meetings; and WHEREAS, the Planning Commission recommended approval of the proposed amendment to the City Council with minor changes to the text relating to the screening of rooftop appurtenances; and WHEREAS, the City Council of the City of Newport Beach, California, finds as follows: 1. The Planned Community Development Plan Amendment is consistent with the Land Use Element of the General Plan as the proposed land use regulations are consistent with Regional Commercial Office (CO-R), Commercial Office Medical (CO-M), Regional Commercial (CR), Multiple Unit Residential (RM), Mixed Use Horizontal 3 (MU-H3), and Open Space (OS) land use categories designated on the subject properties. PA2019-010 2. The Planned Community Development Plan Amendment is consistent with Section 20.35.050.C of the Municipal Code, which establishes the requirements of a Planned Community Development Plan. 3. The Planned Community Development Plan Amendment will not increase the intensity or density of allowable land uses or change the types of allowable uses on properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein; in the areas already covered by the Development Plan; or on any other properties. 4. The properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein, are fully developed, the open space parcel in the northern portion of Newport Village shall remain designated as open space, and the applicant does not seek any further entitlements through this Planned Community Development Plan Amendment or Code Amendment. 5. Muzzy Ranch v. Solano County Airport Land Use Commission (2007) 41 Cal.4th 372, 389the California Supreme Court held that the CEQA common sense exemption applied to the approval of a land use compatibility plan that merely extended existing land use restrictions to a greater geographical area. NOW THEREFORE, the City Council of the City of Newport Beach, California, hereby ordains as follows: SECTION 1: Districting Maps No. 48, No. 49, and No. 50 shall be amended as provided in Exhibit B, which is incorporated by reference herein. SECTION 2: The North Newport Center Planned Community Development Plan and Design Regulations shall be amended as provided in Exhibit C, which is incorporated by reference herein. SECTION 3: The Block 400 Planned Community Development Plan shall be amended as provided in Exhibit D, which is incorporated by reference herein. SECTION 4: The Block 800 Planned Community Development Plan shall be amended as provided in Exhibit E, which is incorporated by reference herein. SECTION 5: The Newport Village Planned Community Development Plan shall be amended as provided in Exhibit F, which is incorporated by reference herein. SECTION 6: 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 2 PA2019-010 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 7: It can be seen with certainty that there is no possibility that the Planned Community Development Plan Amendment and Code Amendment will result in any environmental impacts because the Planned Community Development Plan Amendment simply extends the existing zoning restrictions to include the properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner of San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, which is incorporated by reference herein. The Code Amendment will amend Districting Maps No. 48, No. 49, and No. 50 to reflect the zoning reclassification of the subject portions of Block 100 (APF District), Block 400 (PC-28 District), Block 800 (PC-23 District), and Newport Village (PC-27 District) to the North Newport Center Planned Community (PC-56) District. Thus, the Planned Community Development Plan Amendment and Code Amendment are exempt from further environmental review consistent with the common sense exemption under CEQA Guidelines section 15061(b)(3) (Cat. Code Regs. tit. 14, § 15061(b)(3)). SECTION 8: The City Council of the City of Newport Beach, California, finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and/or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. 3 PA2019-010 SECTION 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 10: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 10th day of November 2009, and adopted on the 24th day of November 2009, by the following vote, to wit: AYES, COUNCILMEMBERS Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich NOES, COUNCILMEMBERS_N_on_e __________ _ ATTEST: CITYCLERK 1 APPROVED AS TO FORM: o~-David R. Hunt, City Attorney For the City of Newport Beach 4 PA2019-010 • e STATE OF CALIFORNIA . COUNTY OF ORANGE CITY OF NEWPORT BEACH } } } ss. 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. 2009-28 was duly and regularly introduced on the 10th day of November, 2009, 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 November, 2009, and that the same was so passed and adopted by the following vote, t.o wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunt.o subscribed my name and affixed the· (Seal) 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. 2009-28 bas been duly and regularly published according t.o 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, t.o wit: November 28, 2009. In witness whereof, I have hereunt.o subscribed my name this __ day of----- 2009. City Clerk City of Newport Beach, California PA2019-010 ' RESOLUTION NO. 1793 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF AN AMENDMENT TO THE NORTH NEWPORT CENTER PLANNED COMMUNITY DEVELOPMENT PLAN AND A CODE AMENDMENT TO DISTRICTING MAP NO. 48, NO. 49, AND NO. 50 (PA2009-111) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by the Irvine Company with respect to properties located in Block 100, Block 400, and Block 800 of Newport Center Drive and at the southwest corner and San Joaquin Hills Road and MacArthur Boulevard, and legally described in Exhibit A, requesting approval of Planned Community Development Plan Amendment No. PD2009-003 and Code Amendment No. CA2009-005. 2. The applicant proposes to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and to change the zoning classification of these properties from Administrative, Professional, Financial (APF), and Planned Community (PC-28, PC-23, and PC-27) to Planned Community (PC-56). 3. The subject properties are located within the APF, PC-28, PC-23, and PC-27 Zoning Districts and the General Plan Land Use Element categories are Regional Commercial Office (CO-R), Medical Commercial Office (CO-M), Multiple Unit Residential (RM) and Open Space (OS). 4. The subject properties are not located within the coastal zone. 5. Public hearing were held on October 8, 2009, and on October 22, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of these meetings were given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings. SECTION 2. FINDINGS. 1 . The Development Plan Amendment, with the recommended text changes, is consistent with the Land Use Element of the General Plan as the proposed land use regulations are consistent with the Regional Commercial Office (CO-R), Medical Commercial Office (CO-M), Multiple Residential (RM), and Open Space (OS) land use categories designated on the subject properties. PA2019-010 \ 2. 3. 4. Planning clmission Resolution No. 1793 Pa e 2 of 4 The Development Plan Amendment, with the recommended text changes, is consistent with Section 20.35.050.C of the Municipal Code, which establishes the requirements of a Planned Community Development Plan. The Development Plan Amendment, with the recommended text changes, wi II not increase the intensity or density of allowable land uses or change the types of allowable uses in the subject portions of Blocks 100, 400, and 800 or the open space parcel in the northern portion of Newport Village; in the areas already covered by the Development Plan; or on any other properties. The subject portions of Blocks 100, 400, and 800 are fully developed, the open space parcel in the northern portion of Newport Village shall remain designated as open space, and the applicant does not seek any further entitlements through this Development Plan Amendment or Code Amendment. SECTION 3. CEQA DETERMINATION. 1. It can be seen with certainty that there is no possibility that the Development Plan Amendment, with the recommended text changes, and Code Amendment will result in any environmental impacts because the Development Plan Amendment, with the recommended text changes, simply extends the existing zoning restrictions to include the subject portions of Blocks 100, 400, and 800 and the open space parcel in the northern portion of Newport Village. The Code Amendment will amend Districting Maps No. 48, No. 49, and No. 50 to reflect the zoning reclassification of the subject portions of Block 100 (APF District), Block 400 (PC-28 District), Block 800 (PC-23 District), and Newport Village (PC-27 District) to the North Newport Center Planned Community (PC-56) District. Thus, the Development Plan Amendment, with the recommended text changes, and Code Amendment are exempt from further environmental review consistent with the common sense exemption under CEQA Guidelines section 15061(b)(3) (Cal. Code Regs. tit. 14, § 15061(b)(3)). 2. Muzzy Ranch v. Solano County Airport Land Use Commission (2007) 41 Cal.4th 372, 389the California Supreme Court held that the CEQA common sense exemption applied to the approval of a land use compatibility plan that merely extended existing land use restrictions to a greater geographical area. 3. The Planning Commission finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. Therefore, to the fullest extent permitted by law, applicant and property owner shall defend, indemnify, release and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all PA2019-010 Planning cclmission Resolution No. 1793 Page 3 of 4 claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the project, the project's approval based on the City's CEQA determination and/or the City's failure to comply with the requirements of any federal, state, or local laws, including, but not limited to, CEQA, General Plan and zoning requirements. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends approval of Planned Community Development Plan Amendment No. PD2009-003 and Code Amendment No. CA2009-005 to the City Council. 2. The Planning Commission recommends to the City Council that Districting Maps No. 48, No. 49, and No. 50 be amended as provided in Exhibit B. 3. The Planning Commission recommends to the City Council that the North Newport Center Planned Community Development be amended as provided in Exhibit C with the following revisions: • List Medical Retail as "Not Permitted" in Block 800 in Table 1 in Section IIA1. • Revise Section IIIA2c and Section IIIA2d: c. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop Appurtenances shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section Ill (A) (2) (a)Rooftop appurtenances must be below the top of parapet or adjacent screen. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Planning Director shall notify the Planning Commission and City Council if rooftop appurtenances above the height limit are approved, consistent with Section IV (A)(3). d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural PA2019-010 • Planning c&ission Resolution No. 1793 Page4 of 4 style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport, consistent with Section Ill (A) (2) (a). The Planning Director shall notify the Planning Commission and City Council if architectural features above the height Jim it are approved, consistent with Section IV (A)(3). PASSED, APPROVED AND ADOPTED THIS 22ND DAY OF OCTOBER, 2009. AYES: Unsworth, Peotter, McDaniel and Toerge NOES: Eaton and Hawkins ABSTAIN: Hawkins ~~-·-, . -"-, ..... -· '---,. .. ..\~-" ' BY:~~ Earl McDamel, Acting Chairman BY:_Q)h~12.-.....;Lww;..;.2•....;....::;;~=· ~- Charles Unsworth, Secretary PA2019-010 RESOLUTION NO. 2009-~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS IN THE NORTH NEWPORT CENTER PLANNED COMMUNITY (TD 2009-001, PA 2009- 073) WHEREAS, The Irvine Company has applied to the City of Newport Beach for approval of a transfer of development rights as follows: ( 1 ) The transfer to North Newport Center Block 600 of development rights for development of 241,711 square feet currently assigned to San Joaquin Plaza. (2) The transfer to North Newport Center Block 600 of development rights for development of 85,756 square feet currently assigned to North Newport Center Block 500. WHEREAS, The Irvine Company has also proposed to re-assign 430 residential units previously approved in North Newport Center Block 600 to San Joaquin Plaza. WHEREAS, General Plan Policy LU 6.14.3 permits development rights to be transferred within Newport Center as long as the transfer is consistent with the intent of the General Plan and will not result in any adverse traffic impacts. WHEREAS, the North Newport Center Planned Community Development Plan provides that the City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. WHEREAS, the Zoning Implementation · and Public Benefit Agreement (Development Agreement) granted The Irvine Company development rights to 430 of the 450 residential units allocated in the General Plan for MU-H3 properties in Newport Center. WHEREAS, the North Newport Center Planned Community Development Plan and the Development Agreement permit the development of the 430 residential units within either Block 500, Block 600, or San Joaquin Plaza; however, the traffic study prepared in conjunction with the Development Agreement anticipated the units to be constructed within Block 600. WHEREAS, Section 6.3 of the Development Agreement states that should The Irvine Company desire to develop any of the residential units in Newport Center Block 500 or San Joaquin Plaza, compliance with the Traffic Phasing Ordinance is required relative to potential impacts associated with such change in location. 1 PA2019-010 WHEREAS, a traffic analysis entitled North Newport Center Transfer of Development Rights (Austin-Foust Associates, Inc., June 3, 2009) was prepared for the application for the transfer of development rights in compliance with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan. WHEREAS, the traffic analysis found that, consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts. WHEREAS, the traffic analysis found that, consistent with Section 6.3 of the Development Agreement, the proposed change in location of the residential units from Block 600 to San Joaquin Plaza does not result in any change to the PM peak hour trip generation (trip neutral) and is not expected to change the resulting trip patterns; therefore, the City Traffic Engineer has determined that a new traffic study is not required to be prepared pursuant to the City's Traffic Phasing Ordinance. WHEREAS, the transfer of development rights does not involve a conversion of land uses and will not result in greater intensity than development allowed without the transfer. WHEREAS, the City Council considered the application at a public meeting on June 9, 2009, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California, at which time the City Council considered the transfer of development rights and the traffic analysis. WHEREAS, the City Council finds that: (1) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in any adverse traffic impacts, as documented in the traffic study. (2) Consistent with General Plan Policy LU 6.14.3 and the North Newport Center Planned Community Development Plan, the transfer of development rights will not result in greater intensity than that which is allowed without the transfer, and is consistent with the intent of the General Plan. (3) Consistent with Section 6.3 of the Development Agreement, the proposed change in location of the residential units from Block 600 to San Joaquin Plaza does not result in any change to the PM peak hour trip generation (trip neutral) and is not expected to change the resulting trip patterns, as documented in the traffic analysis, and does not warrant the preparation of a new traffic study pursuant to the Traffic Phasing Ordinance. 2 PA2019-010 \ • NOW, THEREFORE, BE IT RESOLVED that the City Council approves the transfer of development rights (TD 2009-001, PA 2009-073), based on the weight of the evidence in the administrative record, including the traffic and intensity studies. PASSED AND ADOPTED on the 9th 2r1;· 2009 I ATTEST: 3 PA2019-010 • STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF NEWPORT BEACH } } } ss. 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 resolution, being Resolution No. 2009-38 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 9th day of June, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of June, 2009. City Clerk v Newport Beach, California (Seal) PA2019-010 North Newport Center Planned Community Development Plan Land Uses, Development Standards & Procedures Adopted December 18, 2007, Ordinance No. 2007-20 (PA 2007-151) Amended November 24, 2009, Ordinance No. 2009-28 (PA 2009-111) PA2009-111 for PD2009-003 Newport Center Drive (various) The Irvine Company PA2019-010 Land Uses, Development Standards & Procedures Contents I. Introduction and Purpose of Development Plan ................................................................................... 2 A. Sub-Area Purpose ............................................................................................................................. 2 B. Relationship to Municipal Code ..................................................................................... _ ................ 11 C. Relationship to North Newport Center Design Regulations ........................................................... 11 II. Land Use and Development Regulations ........................................................................................... 13 A. Permitted Uses ................................................................................................................................ 13 B. Development Limits ........................................................................................................................ 15 C. Transfer of Development Rights ..................................................................................................... 16 III. Site Development Standards .............................................................................................................. 1 7 A. Permitted Height of Structures ........................................................................................................ 17 B. Setback Requirements ..................................................................................................................... 18 C. Parking Requirements ..................................................................................................................... 19 D. Landscaping .................................................................................................................................... 21 E. Lighting ........................................................................................................................................... 21 F. Signs ................................................................................................................................................ 21 G. Residential Compatibility ................................................................................................................ 25 H. Residential Open Space Requirements ........................................................................................... 25 IV. Planned Community Development Plan Administration ................................................................... 27 A. Process for New Structures ............................................................................................................. 27 B. Process for New Signs .................................................................................................................... 28 C. Transfer of Development Rights ..................................................................................................... 28 V. Definitions ......................................................................................................................................... 30 Appendix A -Design Regulations North Newport Center Planned Community Development Plan 08/14/09 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub-areas that include Fashion Island and Block 600 and portions of Block 100, Block 400, Block 500, Block 800, and San Joaquin Plaza. The sub-areas that comprise North Newport Center shall be governed by the North Newport Center Planned Community ("PC") Development Plan set forth herein, which includes land uses, development standards, and administration. The City of Newport Beach Municipal Code allows a Planned Community Development Plan to address land use designations and regulations in Planned Communities. The North Newport Center PC Development Plan serves as the controlling zoning ordinance for the sub-areas identified in the Planned Community Development Plan and is authorized and intended to implement the provisions of the Newport Beach General Plan. A. Sub-Area Purpose Newport Center is a regional center comprised of major retail, professional office, entertainment, recreation, and residential development within the City of Newport Beach. The North Newport Center site comprises approximately 158.4 acres along San Joaquin Hills Road and Newport Center Drive. The seven sub-areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (15 acres and 0.4 acre open space area at comer of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (6 acres), and San Joaquin Plaza (23 acres) are shown on Figure 1 and are described below. The General Plan identifies the goal of creating a successful Mixed-Use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the sub-region, with expanded opportunities for residential development. Fashion Island is the primary retail hub within Newport Center and is developed with retail, dining, and commercial entertainment uses. Permitted uses for Fashion Island include uses in support of the existing retail, dining, and commercial entertainment uses. Fashion Island is intended to be a vibrant regional retail and entertainment center and a day/evening destination with a wide variety of uses that will serve visitors, residents, and employees of the area. Figure 2, Fashion Island Sub-Area, shows the boundary of Fashion Island. The Commercial Office blocks include Block 100 (Figure 3) and Block 400 (Figure 4). Block 100 is generally comprised of administrative and professional offices that serve local and regional markets. Other uses permitted in the block include limited accessory retail, financial, service and entertainment uses. Block 400 is generally comprised of commercial office, with medical related offices and retail use. The Mixed-Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 8). The Mixed-Use blocks are generally comprised of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses as well. This Development Plan allows for the diversification of land uses in order to encourage new and original uses consistent with the Mixed-Use concept as established in the General Plan. Permitted uses for the Mixed-Use blocks include offices, light general commercial, hotel, residential and other mixed uses in accordance with the General Plan MU-H3 land use designation. Block 800 (Figure 7) allows for multi-family residential or senior citizen housing uses. The boundaries of the Mixed-Use blocks included in this North Newport Center Planned Community Development Plan 08/14/09 2 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Development Plan are shown in Figure 5, Block 500 Sub-Area, Figure 6, Block 600 Sub-Area, and Figure 8, San Joaquin Plaza Sub-Area, respectively. D North Newport Center Planned Community [i] Figure 1-North Newport Center Planned Community North Newport Center Planned Community Development Plan 08/14/09 3 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Planned Community t I Not induded in Planned Community North Newport Center Planned Community Development Plan 08/14/09 t Figure 2 -Fashion Island Sub-Area 4 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan Drive Planned Community D Not included in Planned Community North Newport Center Planned Community Development Plan 08/14/09 t Figure 3-Block 100 Sub Area 5 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan • Planned Community D Not included in Planned Community t Figure 4-Block 400 Sub Area North Newport Center Planned Community Development Plan 08/14/09 6 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan l Planned Community D Not included in Planned Community t Figure 5 -Block 500 Sub-Area North Newport Center Planned Community Development Plan 08/14/09 7 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 08/14/09 Planned Community Not included in Planned Community t Figure 6 -Block 600 Sub-Area 8 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan San Clemente Drive Planned Community D Not included in Planned Community North Newport Center Planned Community Development Plan 08/14/09 t Figure 7 -Block 800 Sub Area 9 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan J San ,- 1 't, ' f\,-/ ""'-I North Newport Center Planned Community Development Plan 08/14/09 Hills Rd . Planned Community D Not included in Planned Community t Figure 8 -San Joaquin Plaza Sub-Area 10 PA2019-010 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan B. Relationship to Municipal Code Whenever the development regulations of this plan conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall prevail. The Municipal Code shall regulate this development whenever regulations are not provided within these district regulations. All words and phrases used in this North Newport Center PC Development Plan shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in Section V -Definitions. The Municipal Code referred to herein is the version of the Code in effect on the date December 18, 2007 and specifically includes Title 15 of the Municipal Code (Buildings and Construction), Title 19 of the Municipal Code (Subdivisions) and Title 20 of the Municipal Code (Planning and Zoning) but specifically excluding all other sections of the Municipal Code including Title 5 of the Municipal Code (Business Licenses and Regulations). C. Relationship to North Newport Center Design Regulations Development in North Newport Center shall be regulated by both the Development Plan and the Design Regulations, which is provided as Appendix A. North Newport Center Planned Community Development Plan 08/14/09 11 PA2019-010 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations II. Land Use and Development Regulations A. Permitted Uses 1. General Permitted uses are those uses set forth in this Section for each sub-area as shown on Table 1. The uses identified within the table are not comprehensive but rather major use categories. Specific uses are permitted consistent with the definitions provided in Section V of this Development Plan. Uses determined to be accessory or ancillary to permitted uses, or residential support uses to permitted uses are also permitted. The Planning Director may determine other uses not specifically listed herein, provided they are consistent with the Commercial Office, Regional Commercial, Mixed-Use, and Residential General Plan districts, the purpose of this Planned Community Development Plan, and the purpose of the sub-area in which the property is located. North Newport Center Planned Community Development Plan 08/14/09 13 PA2019-010 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations Table 1-North Newport Center Land Use Regulation Table Uses Banks/Savings and Loans -With drive through services Business, Government and Professional -Emergency Healthcare -Management and Leasing Offices -Office, Medical and Dental -Public Safety Facilities -Convalescent Facilities Commercial Recreation and Entertainment Cultural and Institutional Day Care Day Spas Eating and Drinking Establishments -Bars/Cocktail Lounges Personal Improvement -Health/Fitness Clubs Personal Services Residential -Seniors Housing, Congregate Care Retail Sales -Animal Sales and Services -Medical Retail Visitor Accommodations P = Pennitted UP = Use Penni! Fashion Island p MUP -- -- p -- p -- p UP p MUP p• MUP MUP MUP p -- -- p MUP p UP MUP = Minor use Penni! Issued by the Planning Director Block Block 100 400 p p MUP MUP p p p p p p p p p p --p MUP -- UP UP MUP MUP MUP MUP P** P** UP UP MUP MUP MUP MUP MUP MUP ---- ---- p-p MUP MUP P-p UP UP • = A Minor Use Penni! Issued by the Planning Director is required for the sale of alcohol .. = A Use Penni! is Required for the Sale of Alcohol + = Intended for Residential Support Use ++=Retail sales limited to 10,000 sq.ft. +++ = Accessory and ancillary medical retail, including stand-alone use subordinate to principal use --= Not Pennitted 2. Open Space Corners Block 500 p MUP p p p p p p MUP p p MUP p•• UP p p p p p p MUP p UP Block Block San Joaquin 600 800 Plaza p --p MUP --MUP p --p p --p p --p p --p p --p p p p MUP MUP MUP p --p p --p MUP --MUP p•• p•• p•• UP --UP p p+ p p p+ p p p p p p p p p p p p+ p MUP --MUP p MUP p UP --UP The passive landscape areas on the following comers shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Drive (northwest and southwest comers), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Drive (northwest and southwest), San Joaquin Hills Road and Santa Cruz Drive (northwest and southwest comers), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. North Newport Center Planned Community Development Plan 08/14/09 14 PA2019-010 Land Uses, Development Standards & Procedures Section 11. Land Use and Development Regulations 3. Special Events The general regional Mixed-Use nature of North Newport Center results in a variety of special events and temporary uses throughout the year. Special community events, such as parades, trade shows, car shows, pageants, community concerts, outdoor displays, recreation/entertainment events and temporary structures are permitted within the North Newport Center Planned Community consistent with the following provisions: a. If the event takes place on private property within Fashion Island the event is not regulated so long as it does not displace required parking. Such events must comply with the City's Municipal Code related to noise control and other pertinent standards. b. If the event takes place anywhere else within North Newport Center or the public right- of-way, such events are permitted as long as they comply with the Municipal Code. B. Development Limits The development limits in this Development Plan are consistent with those established by the General Plan and are identified in Table 2 below. Development limits may be modified through the approval of a Transfer of Development Rights. Carts, kiosks, temporary and support uses are permitted and are not counted towards square footage development limits. Table 2 -Development Limits Fashion Block Block Block Block Block San Joaquin Land Use Island 100 400 500 600 800 Plaza Total Regional 1,619,525 sq. 0 0 0 0 0 0 1,619,525 sq. ft. Commercial ft. Movie 1,700 seats 0 0 0 0 0 0 1,700 seats Theater (27,500 (27,500 sq. ft.) sq. ft.) Hotel (A) 0 0 0 295 0 0 295 Residential 0 0 0 (B) (B) 245 (C) (B) 675 (C) Office/ 0 121,114sq. ft. 91,727 sq. ft. 526,517 sq. ft. 1,292,637 sq. ft. 0 95,550 sq. ft. 2,127,545 sq. ft. Commercial A. Hotel rooms are permitted in Fashion Island through the transfer of development rights. B. Residential units are permitted in Block 500, Block 600 and San Joaquin Plaza if the total number of units does not exceed 430 units. C. Additional residential units may be permitted for senior citizen housing. 1. Fashion Island The total gross floor area for Fashion Island is 1,619,525 square feet plus the 1,700-seat movie theater. The movie theater building area is equivalent to and may be converted to 27,500 square feet of retail development. The conversion of the movie theater to retail space shall not require any additional parking. The gross floor area for Regional Commercial development is the total horizontal floor area of all floors of a building within the exterior walls thereof, measured in square feet, exclusive of common areas such as, but not limited to: covered malls and walkways, carts, kiosks, open or roofed patio areas (defined by planters, awnings, shade structures, fences or rails), covered entries, covered parking, driveways or loading areas. North Newport Center Planned Community Development Plan 08/14/09 15 PA2019-010 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations 2. Mixed-Use Sub-Areas The Mixed-Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 430 residential units and 295 hotel rooms are permitted within the Mixed-Use blocks. Residential and hotel uses are measured on a per unit basis. The gross floor area for all other permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Development limits for residential uses are based on unit counts, and are not within square footage limits. Support uses are not included in the square footage development limits and shall not require parking. 3. Commercial Office Blocks The maximum development limit for Block 100 is 121,114 square feet and Block 400 is 91,727 square feet. The gross floor area for all permitted uses is the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms and basement or attic areas having a height of more than seven feet. Excluded are covered porches, walkways and loading docks, service tunnels, and mechanical shafts. Mechanical spaces on roofs, which are inaccessible to tenants, are not counted as square footage. Support uses are not included in the square footage development limits and shall not require parking. 4. Block 800 The maximum number of dwelling units for multi-family residential use shall not exceed 245. For senior citizen housing, including congregate care and skilled nursing, the maximum number of dwelling units may exceed 245 based on comparative analysis of peak hour traffic generation of senior citizen housing and standard multi-family residential use on site. C. Transfer of Development Rights The transfer of development rights among sub-areas of this Planned Community and to/from other areas in the Newport Center/Fashion Island District identified in the General Plan is allowed in accordance with the General Plan. Development rights may be transferred through a change in location of use(s) and/or a conversion of non-residential use to any other non-residential use allowed by the General Plan and this Planned Community Development Plan or applicable zoning at the receiving site(s). Residential use may be relocated, but may not be converted to or from another use. The transfer of development rights shall be approved, as specified in Section IV. C. below, if the transfer will not result in any adverse traffic impacts and will not result in greater intensity than development allowed without the transfer. North Newport Center Planned Community Development Plan 08/14/09 16 PA2019-010 Land Uses, Development Standards & Procedures Section 111. Site Development Standards III. Site Development Standards The following site development standards shall apply to the North Newport Center Planned Community. A. Permitted Height of Structures 1. Standards for Allowable Heights Allowable heights are determined by sub-area. All building heights are measured at finished grade. Fashion Island: The maximum heights of structures within Fashion Island are depicted in Table 3, Fashion Island Height Limits. Table 3 -Fashion Island Height Limits Building Type Height Major Buildings 125' Mall Buildings 75' Parking Structures 55' Periphery Buildings 40' Block 100: The maximum height of all structures shall be 50 feet as measured from finished grade. Blocks 400, 500, and 600: The maximum height of all structures shall be 295 feet as measured from finished grade. Block 800: The maximum height of all structures shall be 200 feet as measured from finished grade. San Joaquin Plaza: The maximum height of all structures in San Joaquin Plaza shall be 65 feet as measured from finished grade. 2. Standards for Buildings Over 200 Feet in Height a. Aviation Compatibility Prior to issuance of building permits, the project applicant must demonstrate that the following conditions have been satisfied. New development shall be required to comply with the following conditions related to the Airport Environs Land Use Plan (AELUP) for the John Wayne Airport: 1. For development of structures that exceed 200 feet in height above ground level at a development site, applicants shall file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA) (FAA Form 7460-1). Following the FAA's Aeronautical Study of the project, projects must comply with conditions of approval imposed or recommended by the FAA. Subsequent to the FAA findings, the North Newport Center Planned Community Development Plan 08/14/09 17 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards City shall refer the project to the Airport Land Use Commission (ALUC) of Orange County for consistency analysis. 2. No buildings within the North Newport Center Planned Community area shall penetrate the FAA Federal Aviation Regulations (FAR) Part 77 imaginary obstruction surface for John Wayne Airport. 3. Applicants shall file a Notice of Proposed Construction or Alteration with the FAA (Form 7460-1) for any construction cranes that exceed 200 feet in height above ground level. b. Shade Standards Prior to issuance of a building permit for a structure over 200 feet in height that has the potential to shade residential areas north of San Joaquin Hills Road, a shade study shall be prepared by the applicant and submitted to the City. The shade study shall demonstrate that the new development will not add shade to the designated residential areas beyond existing conditions for more than three hours between the hours of 9:00 a.m. and 3:00 p.m. Pacific Standard Time, or for more than four hours between the hours of 9:00 a.m. and 5 :00 p.m. Pacific Daylight Time. The shade study shall be prepared to the satisfaction of the Planning Director and the Planning Director shall determine conformance with the standards identified herein as part of the plan review process. c. Rooftop Appurtenances Rooftop appurtenances are permitted and may exceed the maximum building height up to 20 feet. Rooftop appurtenances must be screened from view from ground level adjacent to building. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. d. Architectural Features Architectural features are permitted and may exceed the maximum building height up to 20 feet. Such features must be an extension of the architectural style of the building in terms of materials, design and color. B. Setback Requirements Setbacks for the seven sub-areas are listed below. Setbacks for surface parking must be screened using hedges, landscaping or other similar methods. Setbacks are the minimum distance from the property line to building, parking structure, or parking lot. This is not intended to apply to interior lot lines or property lines. Fashion Island Newport Center Drive: 10 feet; may be reduced to O feet by the Planning Director through the plan review process. Block 100 North Newport Center Planned Community Development Plan 08/14/09 18 PA2019-010 Newport Center Drive: 15 feet Anacapa Drive: 15 feet Farallon Drive: 15 feet Block400 Newport Center Drive: 15 feet San Nicolas Drive: 15 feet Block500 Newport Center Drive: 15 feet Santa Rosa: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block600 Newport Center Drive: 15 feet Santa Cruz: 15 feet Land Uses, Development Standards & Procedures Section Ill. Site Development Standards San Simeon: 15 feet -setbacks for parking structure access points may be reduced by the Planning Director through the plan review process San Joaquin Hills: 15 feet-setbacks for parking structure access points may be reduced by the Planning Director through the plan review process Santa Rosa: 15 feet Center Drive (e/w): 0 feet Center Drive (n/s): 0 feet Block800 Santa Barbara Drive: 15 feet San Clemente Drive: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz: 15 feet San Clemente: 15 feet Santa Barbara: 15 feet C. Parking Requirements 1. General Standards Parking requirements are based on gross floor area (as defined in the Development Limits for Fashion Island) for regional commercial uses, net floor area for office/commercial uses, and unit counts for hotel rooms and residential units. Kiosks for retail sales, covered or uncovered, shall not be included in the calculation of required parking. Accessory, ancillary and support uses for hotel and residential developments shall not be included in the calculation of required parking. For office developments North Newport Center Planned Community Development Plan 08/14/09 19 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards within a block, accessory, ancillary and support uses less than 5,000 square feet shall not be included in the calculation of required parking. Parking requirements for North Newport Center are shown below on Table 4, North Newport Center Parking Requirements. Table 4 -North Newport Center Parking Requirements Land Use Parking Requirement Regional Commercial 3 spaces per 1,000 square feet1 Movie Theater 3 spaces per 1,000 square feet Office 1 space per 375 square feet Medical Office Municipal Code Hotel Municipal Code Residential 2 spaces per unit includes 1 covered; plus 0.5 spaces per unit up to 50 units, then 0.25 spaces per unit thereafter for guest parking Other Municipal Code For Block 800, parking standards for senior citizen housing, congregate care, and skilled nursing residential, inclusive of ancillary uses and employee and guest parking, shall be established subject to a parking study reviewed and approved by the Planning Director. For San Joaquin Plaza, a parking management plan shall be required to utilize the parking ratios identified in Table 4 to demonstrate provision of adequate parking. If a parking management plan is not prepared for Block 100, Block 400, and San Joaquin Plaza, parking shall be provided per the Municipal Code. 2. Valet Parking Valet parking and satellite parking with shuttle service that involves use of the public right-of-way shall require approval by the City Traffic Engineer. 3. Parking Management Plan Parking management plans may be prepared if the applicant wishes to deviate from the parking standards identified above. Parking management plans may address issues such as modified parking requirements based upon complimentary peak hour demand of uses, off peak shared parking between sub-areas, drop off and valet services on private property, and tandem parking. The parking management plan shall take into account properties that are not part of the Planned Community district, but that are served by parking located within the district, and shall ensure that no detrimental effects to the existing parking for such properties occur. Parking management plans shall be prepared by an independent traffic engineer at the applicant's expense. Parking management plans shall be approved by the City Traffic Engineer prior to the issuance of building permits. 1 The parking requirement during the peak seasonal period is 4 spaces per 1,000 square feet per an existing parking management plan. North Newport Center Planned Community Development Plan 08/14/09 20 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards D. Landscaping Landscaping shall be installed subject to the following standards and maintained in a healthy, weed- free condition, free of litter and so as not to interfere with traffic safety 1. Surface Parking Lot Landscaping: Parking lots shall be landscaped at a minimum of 1 tree per 5 parking spaces. The minimum size of trees shall be 24-inch box. 2. Water Conservation: Satellite linked irrigation controllers or appropriate best manage- ment practices shall be incorporated into landscape design for new construction. E. Lighting Parking lots and walkways accessing building and parking areas shall be illuminated with a minimum maintained 0.5 foot-candle on the driving or walking surface during the hours of operation and one hour thereafter. If the applicant wishes to deviate from this lighting standard, a lighting plan may be prepared by the applicant and submitted to the Planning Director for review and approval. Indirect, decorative halo banding along the top of buildings is permitted. F. Signs 1. General Sign Standards All permanent and temporary signs in North Newport Center that are visible from public right-of- ways and public property shall be consistent with the provisions of these sign standards, unless otherwise approved by the Planning Director. All permanent and temporary signs that are not visible from public right-of-ways are not limited in quantity, size, location, or design. Sign illumination is permitted for all sign types. Wall signs that are visible from public right-of-ways must consist of individual fabricated letters; or routed-out letters in an opaque background. Enclosed "box" or "can" signs are not permitted, unless they are logos. All commercial uses are permitted to place at each entry an incidental sign located at or below eye level to be visible to pedestrians, and shall not exceed six square feet. In addition to other signs permitted in this section, signs used to give direction to vehicular or pedestrian traffic are permitted. Directional signs oriented to vehicular or pedestrian traffic within internal drives or walkways of a development block are not regulated. Directional signs oriented to vehicular or pedestrian traffic in the public right of way are regulated as follows. Sign content shall not be limited. Signs shall be subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code. Directional signs are limited to a maximum of 10 square feet in size but are not limited in quantity, location, or design. Temporary signs that are intended to be displayed for 60 days or less are permitted for purposes related to special events, holiday activities and store openings. Detailed standards for temporary signs are contained below. A comprehensive sign program may be prepared if the applicant wishes to deviate from the sign standards identified herein. Comprehensive sign programs shall be submitted for review and North Newport Center Planned Community Development Plan 08/14/09 21 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards consideration in accordance with the provisions of the Municipal Code. Sign programs in place prior to this writing including the Island Hotel and Leasing Sign Programs shall remain in place. 2. Restricted Sign Types Signs visible from public right-of-ways are subject to the following restrictions: a. No rotating, flashing, blinking, or signing with animation shall be permitted on a permanent basis. b. No signs shall be permitted which imitate or resemble official traffic signs or signals. c. No wind signs or audible signs are permitted. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. 3. Sign Standards for Fashion Island In addition to the general sign standards identified above, specific sign standards for Fashion Island are provided in Table 6, Fashion Island Sign Standards below. Table 6 -Fashion Island Sign Standards Sign Type Location Maximum Number Shopping Center Each vehicle entry drive 2 per entry drive Identification Sign location (one on each side) Major Tenant Sign Exterior walls or parapets 1 sign per building of buildings elevation (maximum 4 signs for each major tenant) Freestanding Exterior walls or parapets 1 sign per building Commercial of buildings elevation (maximum 4 signs for each building or structure) Monument 1 per building Tenant Sign Exterior elevations of -- shopping center and parking structures facing Newport Center Drive Theater Signs Facing Newport Center 1 Drive ( exterior wall or parapet of building which theater occupies, free standing, or on adjacent parking structure) Store Address Signs Each entry to store 1 per store entry North Newport Center Planned Community Development Plan 08/14/09 Maximum Sign Maximum Letter/ Size Logo Height 100 square feet -- 10 feet high --10 feet --3 feet 50 square feet -- 5 feet high 1 square foot per -- each lineal foot of storefront (not to exceed 100 square feet) --Theater name: 5 feet Each show title: 3 feet high 15 feet wide 6 square feet -- 22 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards Maximum Sign Maximum Letter/ Sign Type Location Maximum Number Size Logo Height Entry Marker Signs To be approved by 7 signs 36 square feet (with -- Planning Director 2-foot overhang) 15 feet high •• = Not Restricted 4. Sign Standards for Mixed-Use and Commercial Office Blocks In addition to the general sign standards identified above, specific sign standards for the Mixed-Use blocks, Block 100, Block 400 and Block 800 are provided in Table 7 below. Primary building address numbers shall be visible from the street (and/or pedestrian walkways in the case of necessity), and be located on the building so that they are visible from adjacent frontage roads and designated parking areas, except for the buildings at 500 and 550 Newport Center Drive, which have their primary address numbers on the cubes along Newport Center Drive. Secondary address signs may be located where appropriate for on-site orientation and safety. All address signs shall have a consistent color, design, and material for any given building. A single letter style is recommended. Table 7 -Sign Standards for Blocks 100,400,500,600,800 and San Joaquin Plaza Sign Type Description Location A Large cube or Santa Rosa Drive blade sign at San Joaquin Hills Road located at entries Santa Cruz Drive to Newport Center at San Joaquin Hills Road Block 500: at San Joaquin Hills Road / Avocado Block 500: at San Nicolas/ Avocado MacArthur Boulevard at San Joaquin Hills Road San Joaquin Plaza: at Jamboree I San Joaquin Hills Road B Small cube San Nicolas Drive located along at Newport Center Drive Newport Center Newport Center Drive Drive and Santa Rosa Block 600: Along Newport Center Drive C Other Block 100 Freestanding Signs Block 400: Avocado at San Miguel Along San Nicolas Between 500 and 550 Newport Center Drive Block 600: Along Santa Cruz Drive North Newport Center Planned Community Development Plan 08/14/09 Maximum Sign Maximum Number Size 2 15 feet high ( 1 per corner) 15feetwide 2 15 feet high ( 1 per corner) 15 feet wide 1 15 feet high 15 feet wide 1 15 feet high 15 feet wide 1 15 feet high 15 feet wide 1 15 feet high 15 feet wide 2 5 feet high ( 1 per corner) 5feet wide 2 5 feet high ( 1 per corner) 5feet wide 5 5 feet high 5feet wide 1 per frontage 5 feet high 10feetwide 2 5 feet high 1 6feet wide 1 4 feet high 12 feet wide 2 7 feet high 22 feet wide Maximum Letter/ Logo Height 24 inches 24inches 24inches 24inches 24inches 24inches 5inches 5inches 5inches 10 inches 13 inches 18 inches 18 inches 23 PA2019-010 Sign Type Description Location Santa Cruz Drive at Newport Center Drive San Joaquin Plaza: Along San Joaquin Hills Road; Santa Cruz Drive; San Clemente Drive San Clemente Drive at Santa Cruz Drive San Clemente Drive at Santa Barbara Q Signs mounted Block 400: on landscape facing Newport Center Drive walls Block 500: facing Newport Center Drive Block 600: facing streets Block 800: at San Clemente project entry Block 800: at San Clemente / Santa Barbara .5 Building Sign On building elevation E Building Address On building elevation Signs 9 Freestanding Santa Rosa Drive at Newport Building Address Center Drive; San Nicolas Drive at Signs Newport Center Drive; Santa Cruz at Newport Center Drive; San Joaquin Hills Road .tl Advisory Signs Parking Lots 1 Drive Through -- Signs 4 Apartment Block800 Leasing Signs ~ Office Blocks 100,400,500,600, and Leasing Signs San Joaquin Plaza --= Not Restricted North Newport Center Planned Community Development Plan 08/14/09 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards Maximum Maximum Sign Letter/ Logo Maximum Number Size Height 1 15 feet high 24inches 15 feet wide 1 each 6 feet high 5 112 inches for {3 signs along 12 feet wide Tenant San Clemente Drive) Identification 18 inches for Project Identification 1 5 feet high 18 inches 12feet wide 1 Sfeet high 18 inches 16feetwide 1 --18 inches ----26inches 2 facing San Joaquin --18 inches Hills; 5 facing Newport Center Drive; 1 facing Santa Rosa 2 --36inches 1 --36 inches 2 per Primary Tenant --Primary 1 per Secondary Tenant Tenant- 24inches Secondary Tenant- 16 inches 1 each --24inches (additional address signs may be located where appropriate for on-site orientation) 1 each --18inches 2 28inches As appropriate for safety 4feet high -- and orientation 1 per tenant per 8 feet wide 15inches elevation, up to 2 on walls of structure 1 per frontage 5 feet high by 3 24inches feet wide panel on post 1 per frontage 4.5 feet high by 5 7inches feet wide 24 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards --= Not Restricted 5. Temporary Signs The following standards are intended to produce consistent sign design for temporary signs within Newport Center. Temporary signs are to identify a future site or project; or a facility under develop- ment or offered for lease. Temporary signs that are visible from public right-of-ways and identify new construction or remodeling may be displayed for the duration of the construction period beyond the 60-day limit. Signs mounted on a construction fence are allowed during construction and may be rigid or fabric. The top of the sign must be no greater than 20 feet above grade. Maximum Number: One (1) temporary sign is permitted on a site for each frontage street, up to two (2) signs per building, but not at the same comer of the building. Type: Single-or double-faced ground signs or wall signs. Location: If ground signs, they may be parallel or perpendicular to the roadway. If wall signs, they must be located below the sill of second floor windows. Design: Rectangular shape; rigid, permanent material; not fabric. Mounting Technique: Flush with building; entirely on glass or entirely on a wall surface; not overlapping glass or wall surface. Duration: Signs may exist from the time of lease or sale of the parcel until the construction and/or leasing of the facility is complete. G. Residential Compatibility In keeping with the purpose of Fashion Island and the Mixed-Use sub-areas, permitted uses in North Newport Center include uses and events that have the potential to generate noise. Due to the day/evening use of Fashion Island in particular, noise generating activities, lighting, odors from restaurants, and similar occurrences are produced and take place during all hours of operation. Such uses and events are required to comply with the City's Municipal Code regulating these uses. Disclosures shall be made to prospective buyers/tenants of residential developments that there is an expectation for noise levels higher than in typical suburban residential areas as part of the Mixed-Use concept within North Newport Center. Additionally, the disclosure shall indicate that there is an expectation for lighting, odors and similar occurrences in a Mixed-Use setting as compared to suburban residential areas. H. Residential Open Space Requirements The following open space standards shall apply to residential development projects: 1. Common Outdoor Open Space Each project shall provide common outdoor open space either at grade, podium level, or roof level. Common outdoor open space areas shall have a minimum dimension of 30 feet and may contain North Newport Center Planned Community Development Plan 08/14/09 25 PA2019-010 Land Uses, Development Standards & Procedures Section Ill. Site Development Standards active and/or passive areas and a combination of hardscape and landscape features, but a minimum of 10 percent of the common outdoor open space must be landscaped. All common outdoor open space must be accessible to all residents. Projects shall provide a minimum of 5 percent common outdoor open space based on the residential lot area. 2. Common Indoor Space Each project shall provide at least one community room of at least 500 square feet for use by all residents of the project. The area should be located adjacent to, and accessible from, common outdoor open space. This area may contain active or passive recreational facilities or meeting space, and must be accessible through a common corridor. 3. Private Open Space At least 50 percent of all dwelling units shall provide private open space, on a balcony, patio, or roof terrace, with a minimum area of 30 square feet each and an average horizontal dimension of 6 feet. Balconies should be proportionately distributed throughout the project in relationship to floor levels and sizes of units. For any project 8 acres or larger, open space shall be provided in accordance with the General Plan. North Newport Center Planned Community Development Plan 08/14/09 26 PA2019-010 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration IV. Planned Community Development Plan Administration A. Process for New Structures 1. Purpose and Intent The purpose of the Plan Review process is to provide for review of development proposals for new structures within the North Newport Center Planned Community district. Prior to the issuance of a building permit, all development proposals shall be subject to a Plan Review by the Planning Director for review to determine compliance with the Planned Community Development Plan and North Newport Center Design Regulations. Signs, tenant improvements, carts, kiosks, temporary structures and uses are exempt from this provision. 2. Submittal Contents Each Plan Review submittal or amendment thereof shall contain sufficient details for a thorough review of the relationships between uses on the site and on adjacent sites consistent with the Development Plan and the Design Regulations. At the discretion of the Planning Director, the requirements for submittal of a Plan Review may be altered from those set forth below when the Director determines that other information will be sufficient to allow a thorough review of the project by the approving authority. Submittals for Plan Review shall include plans that contain the following elements in addition to the City's submittal requirements for plan check: a. Existing Conditions including adjacent structures and proposed improvements b. Floor Plans c. Elevations that clearly demonstrate the architectural theme of each face of all structures, including walls and signs, illustrating the following: 1) All exterior materials 2) All exterior colors 3) Building heights d. Parking management plan (where applicable) e. Preliminary Landscape Plan, illustrating: 1) General location of all plant materials, by common and botanical names 2) Size of plant materials 3) Irrigation concept f. Lighting Plan, including: locations, fixture height, lighting fixture product type and technical specification g. Permitted and proposed floor area, number of hotel rooms, theater seats, and/or residential units h. Statement of consistency with the General Plan, Planned Community Development Plan and Design Regulations i. Any additional background and supporting information, studies or materials that the Planning Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects North Newport Center Planned Community Development Plan 08/14/09 27 PA2019-010 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 3. Review and Action Submittals shall be reviewed by the Planning Director, and the Planning Director shall approve the project if he/she makes the following findings: a. The proposed use and/or development is consistent with the General Plan. b. The proposed use and/or development is consistent with the North Newport Center PC Development Plan and Design Regulations. The Planning Director action is the final action unless appealed in accordance with the Municipal Code. B. Process for New Signs Applications for new signs shall follow the process identified in the Municipal Code. Submittal shall be reviewed for consistency with the Development Plan and Design Regulations. C. Transfer of Development Rights The following procedure shall be used for the transfer of development rights. 1. The project applicant shall submit an application to the Planning Director, which identifies the quantity of entitlement (floor area, hotel rooms, theater seats) to be relocated, and the sending and receiving sites. If the requested transfer includes the conversion of non-residential uses, the application shall also identify the quantity of entitlement, by use category, before and after the transfer. 2. The City Traffic Engineer shall perform a traffic analysis to determine the total number of PM peak hour trips that would be generated by development allowed with and without the transfer. Trip generation rates shall be based on standard trip generation values in the current version of ITE's "Trip Generation," unless the Traffic Engineer determines that other rates are more valid for the uses involved in the transfer. 3. Depending on the location of the sending and receiving sites, the Traffic Engineer may determine that a more detailed traffic analysis is required to determine whether adverse traffic impacts will result from the transfer. This analysis shall demonstrate whether allowed development, with and without the transfer, would either cause or make worse an unsatisfactory level of service at any primary intersections for which there is no feasible mitigation. This analysis shall be consistent with the definitions and procedures contained in the Traffic Phasing Ordinance of the Municipal Code, except that "unsatisfactory level of service" shall be as specified in the General Plan. 4. If the transfer request involves the conversion of uses, the Planning Director shall perform a land use intensity analysis to determine the floor area that could be developed with and without the transfer. For purposes of this analysis, theater use shall be allocated 15 square feet per seat. Hotel use shall be allocated the number of square feet per room at which it is included in the General Plan. When the General Plan does not specify intensity for hotel rooms, it shall be as determined by the Planning Director. North Newport Center Planned Community Development Plan 08/14/09 28 PA2019-010 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration 5. Applications for transfer of development rights shall be considered by the City Council as a ministerial action. The City Council shall approve a transfer of development rights if it finds that the transfer will result in no more trips and no greater intensity of land use than the development allowed without the transfer. In addition, if the traffic study in Subsection c. is required, the City Council shall approve the transfer if it results in no greater traffic impact than the development allowed without the transfer. North Newport Center Planned Community Development Plan 08/14/09 29 PA2019-010 Land Uses, Development Standards & Procedures Section V. Definitions V. Definitions All words and phrases used in this North Newport Center PC shall have the same meaning and definition as used in the City of Newport Beach Municipal Code unless defined differently in this section. Architectural Features: A prominent or significant part or element of a building, structure, or site. Such features must be an extension of the architectural style of the building in terms of materials, design and color. Examples may include, but are not limited to: [to be provided]. Advisory Sign: Any sign that contains directional or safety information; does not contain advertisements. Audible Signs: Any sign that uses equipment to communicate a message with sound or music. Banks/Savings & Loans: Establishments that provide a full range of retail banking and mortgage loan services to individuals and businesses. Includes only those institutions engaged in the on-site circulation of cash money. Also includes businesses offering check-cashing services. Drive-through or drive-up service included. Bars and Cocktail Lounges: Establishments engaged in selling or serving alcoholic beverages for consumption on the premises or establishments having any of the following characteristics: Licensed as a "public premises" by the California Department of Alcoholic Beverage Control. Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular food service. Building Elevation: The exterior wall surface formed by one (1) side of the building. Building Height: Building height is measured from the corresponding point on the roof to the exterior finished grade. If the building is on a sloping surface, the height measurement is taken from the building entrance. Exceptions include but are not limited to below grade parking structure entrances, motor courts, and retaining walls. See Graphic 1 on page 35. Business, Government and Professional: Offices of firms, individuals or organizations that provide professional, executive, management or administrative services ( e.g., architectural, engineering, government, insurance, investment, legal, planning). Includes administrative, clerical or public contact offices of a government agency, including incidental storage and maintenance of vehicles. Support retail and service uses also allowed. Carts and Kiosks: Carts and kiosks are small, freestanding structures used for retail sales and services. Generally mobile in terms of ease of relocation, the structures can be seasonal, temporary or for a more permanent use. Commercial, Recreation and Entertainment: Establishments providing participant or spectator recreation or entertainment, either indoors or outdoors, for a fee or admission charge. Illustrative examples of these uses include: North Newport Center Planned Community Development Plan 08/14/09 30 PA2019-010 Land Uses, Development Standards & Procedures Section V. Definitions arcades or electronic games centers having three or more coin-operated game machines bowling alleys billiard parlors cinemas ice/roller skating rinks live entertainment pool rooms tennis/racquetball courts theaters Congregate Care: Age-segregated housing specifically for the elderly that provides services to its residents, the minimum of which is usually an on-site meal program, but which may also include housekeeping, laundry, social activities, counseling, and transportation ( sometimes referred to as "assisted living facilities"). Convalescent Facility: An establishment that provides care on a 24-hour basis for persons requiring regular medical attention (may also be referred to as "nursing home" or "hospice"). Does not include facilities providing emergency medical services or surgical services ("Emergency Health Facilities," "Hospitals," or "Outpatient Surgery Facilities"). Cultural Institutions: Public or private institutions that display or preserve objects of community, or cultural interest in one or more of the arts or sciences. Day Care: Non-medical care and supervision of children or adults on a less than 24 hour basis, including nursery schools, preschools, and day care centers. Day Spas: Establishments that specialize in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations. Department Store: A store selling a wide variety of goods or services arranged in several departments. Eating and Drinking Establishments: Establishments engaged in serving prepared food or beverages for consumption on or off the premises. Emergency Health Care: Establishments that provide emergency medical service with no provision for continuing care on an inpatient basis. Entry Marker Sign: Sign used to provide information on activities and events, as well as advertise stores and shops within a shopping center. Eye Level: The height of 5 feet measured from grade. Freestanding Commercial: Any building with a commercial use which is separated from other commercial uses by parking and/or streets. Internal Pedestrian Street: Any walkway, path, plaza, arcade or corridor, either covered or open to the sky, which is primarily for use by people on foot and is not adjacent to the frontage road or common parking areas. North Newport Center Planned Community Development Plan 08/14/09 31 PA2019-010 Land Uses, Development Standards & Procedures Section V. Definitions Major Building: A mall building over 50,000 square feet. Major Tenant: A store or restaurant having a minimum of 10,000 square feet of floor space, which is located within or between other commercial buildings. Mall Building: Retail buildings where stores front a pedestrian walkway, which may be enclosed or open. Medical Retail: Sales of medical goods or services that are retail oriented. Illustrative examples of these uses include: eye exam, eyeglass/contact lens sales skin treatments body scanning dental enhancement treatments Minor Use Permit: Use permit issued by the Planning Director. Monument Sign: Any sign that is supported by its own structure and is not part of or attached to any building. Parking Structure: Structures containing more than one story principally dedicated to parking. Parking structures may contain accessory, ancillary and resident support uses. Periphery Building: Building located along the ring of Fashion Island adjacent to Newport Center Drive. Personal Improvement: Includes those services that are personal and that promote the health and well-being of an individual. Personal Services: Establishments that provide recurring services of a personal nature. Illustrative examples of these uses include: barber and beauty shops clothing rental shops dry cleaning pick up store with limited equipment dry cleaning with no on-site equipment home electronics and small appliance repair postal services locksmiths self-service laundries shoe repair shops tailors and seamstresses tanning salons -printing & duplicating -travel agencies/services nail salon Podium Level:A superposed terrace conforming to a building's plan, a continuous pedestal; a level of vertical segregation linking separate areas. Primary Tenant: The largest tenant of a building. North Newport Center Planned Community Development Plan 08/14/09 32 PA2019-010 Land Uses, Development Standards & Procedures Section V. Definitions Project Identification Sign: A free-standing (single or double faced) monument sign containing the project name. Public Safety Facilities: Police, fire, paramedic and emergency service facilities. Regional Commercial Gross Floor Area: Refer to Section II.B.1 above. Residential: An area within a structure on a parcel that contains separate or independent living facilities for one or more persons, with area or equipment for sleeping, sanitation or food preparation. Retail Sales: Stores and shops which sell various lines of merchandise for profit. This includes the sales of non-durable and durable goods to customers. Illustrative examples of these stores and lines of merchandise include: antiques appliances artists supplies automotive accessories (no installation) animal sales and services bakeries bicycles books cameras and photographic supplies carpeting and floor covering clothing and accessories convenience markets/stores department stores drug and discount stores dry goods electronic equipment (including automotive installation) food and beverages gift shops handcrafted items hardware hobby materials jewelry real estate information center luggage and leather goods medical supplies and equipment musical instruments, parts and accessories office supplies paint and wallpaper pharmacies shoe stores specialty shops sporting goods and equipment supermarkets tobacco toys and games North Newport Center Planned Community Development Plan 08/14/09 33 PA2019-010 Land Uses, Development Standards & Procedures Section V. Definitions Rooftop Appurtenance: Rooftop appurtenances include, but are not limited to, mechanical equipment, stairwell and elevator shaft housing, antennae, window washing equipment, and wireless communication facilities. See Graphic 1 on page 35. Secondary Tenant: A small tenant; not the primary tenant of an office building. Senior Citizen Housing: A residential development for senior citizens (i.e. persons 55 years of age or older) that has at least 35 dwelling units and conforms to Civil Code 51.3(b )( 4). Service Tunnels: An area for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for pedestrian circulation or access. Sign: Any media, including their structure and component parts which are used or intended to be used out-of-doors to communicate information to the public. Sign Area: The area enclosed by a rectangle drawn around the working, numbers or images composing the sign. Sign Face: The physical plane and/or surface upon which the working or images are applied. Sign Letter: The individual symbols of the alphabet used in forming the words of a message. Shopping Center Identification Sign: A monument sign identifying a shopping center. Support Uses: Uses within residential developments, offices and hotels, and parking structures designed, oriented, and intended to primarily serve building occupants. This includes uses such as dry cleaners, coffee vendors, and sundry shops. Such uses must be consistent with the pertinent regulations in Table 1. Tenant Sign: Any permanent sign of an establishment that is located on or attached to the storefront elevation, a covered walkway, or an awning for the purpose of communicating the name of the tenant. Temporary Sign: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Theater Sign: Any permanent sign used to communicate to the public the name of a theater and the show(s) or movie(s) that are offered. Vehicle Entry: Any intersection points along the public right-of-way that provide access for automobiles. Visitor Accommodations: Establishments offering lodging rooms, including bed and breakfasts, inns, hotel, and motels. Incidental support facilities are included within these uses. Wind Sign: A series of similar banners or objects of plastic or other light material more than 2 inches in diameter which are fastened together at intervals by wire, rope, cord, string or by any other means, designed to move and attract attention upon being subjected to pressure by wind or breeze. North Newport Center Planned Community Development Plan 08/14/09 34 PA2019-010 Land Uses, Development Standards & Procedures Section V. Definitions MECHANICAL PENTHOUSE EL!VAroft.OVERuN ·.----. --, ... -~···-· «PP· Graphic 1, Example of Building Height and Rooftop Appurtenances North Newport Center Planned Community Development Plan 08/14/09 35 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations NORTH NEWPORT CENTER DESIGN REGULATIONS North Newport Center Design Regulations 08/14/09 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations I. Introduction .......................................................................................................................................... 1 A. Purpose of Design Regulations ......................................................................................................... 1 B. Newport Center Design Framework ................................................................................................. 1 C. North Newport Center ....................................................................................................................... 4 II. Design Regulations .............................................................................................................................. 7 Using these Regulations .............................................................................................................................. 7 A. Building Location and Massing ........................................................................................................ 7 1. Site Planning Elements ........................................................................................................... 7 2. Building Envelope .................................................................................................................. 9 3. Building Character and Style .................................................................................................. 9 4. Building Materials and Colors .............................................................................................. 12 5. Parking Structures ................................................................................................................. 12 B. Landscape ....................................................................................................................................... 13 1. Overall Landscape ................................................................................................................ 13 2. Perimeter and Street Landscape ............................................................................................ 14 3. Parking Lot Landscape ......................................................................................................... 15 4. Internal Landscape ................................................................................................................ 16 C. Circulation ...................................................................................................................................... 16 1. Streets and Pedestrian Activity ............................................................................................. 16 2. Service and Emergency ......................................................................................................... 19 3. Parking Lots .......................................................................................................................... 20 D. Orientation and Identity .................................................................................................................. 21 1. Gateways and Entrances ....................................................................................................... 21 2. View Corridors ..................................................................................................................... 22 3. Landmarks ............................................................................................................................ 24 4. Signage ................................................................................................................................. 25 5. Lighting ................................................................................................................................. 26 North Newport Center Design Regulations 08/14/09 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations I. Introduction A. Purpose of Design Regulations The Design Regulations expand upon the regulations set forth in the Planned Community Development Plan. The Design Regulations are intended to be used for reference by the City of Newport Beach as part of the plan review process. It is recognized that North Newport Center will be built and redeveloped over time and that not all regulations may be achieved nor are applicable for any given project. All new commercial and residential development shall be subject to the North Newport Center Design Regulations. Review for compliance of projects under this section shall occur through the plan review process, as defmed in the Development Plan, prior to building permit issuance. B. Newport Center Design Framework Newport Center is a 600-acre master planned area. Development within Newport Center began in the 1960s and generally has followed the following guiding principles: 1. Strong physical urban design framework which provides structure and character yet allows flexibility 2. Synergistic mix of land uses, market driven to insure economic vitality 3. Balanced and dispersed auto access 4. Organized in "blocks" and districts to break down scale and provide identity 5. Pedestrian Orientation 6. Building massing that responds to topography, with taller buildings located along San Joaquin Hills Road 7. Unifying architectural and landscape character Aerial view of bluff (circa 1960) North Newport Center Design Regulations 08/14/09 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent fe asible, the initial design fram e work is carri ed forward and the desi gn and development policies from the Land Use E lement of the General Plan are implemented. North Newport Center Design Regulations 08/14/09 2 PA2019-010 General Plan Policies Newport Center Land Uses, Development Standards & Procedures Appendix -Design Regulations The following policies from the Land Use Element are for Newport Center as a whole. Development within North Newport Center should contribute toward the policies whenever possible. • Development Scale: Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. • Urban Form: Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. • Pedestrian Connectivity and Amenity: Encourage that pedestrian access and uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. • Fashion Island Architecture and Streetscape: Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing building to provide visual and physical connectivity with adjoining uses, where practical. Mixed-Use District and Neighborhood The following policies from the Land Use Element are City-wide in orientation. Development within North Newport Center should contribute toward the policies whenever possible. • Mixed-Use Buildings: Require that Mixed-Use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts Visual and physical integration ofresidential and non-residential uses Architectural treatment of building elevation and modulation of their massing Separate and well-defined entries for residential units and non-residential businesses Design of parking areas and facilities for architectural consistency and integration among uses Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street North Newport Center Design Regulations 08/14/09 3 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations frontages but integrate landscape into interior courtyards and common open spaces • Mixed-Use Building Location and Size of Non-Residential Uses: Require that 100 percent of the ground floor street frontage of Mixed-Use buildings be occupied by retail and other compatible non-residential uses , unless specified otherwise by policies for a district or corridor. • Parcels Integrating Residential and Non-Residential Uses : Require that properties developed with a mix of residential and non-residential uses be designed to achieve high levels of architectural quality in accordance with policies related to the character and quality of multi-family residential and the architecture and site design of commercial districts, be planned to assure compatibility among the uses , and provide adequate circulation and parking. Residential uses should be seamlessly integrated with non-residential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. • Districts Integrating Residential and Non-Residential Uses: Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and non-residential uses to prevent fragmentation and assure each use 's viability , quality, and compatibility with adjoining uses. Aerial of Newport Center -2007 C. North Newport Center North Newport Center consists of properties on the higher elevations of Newport Center between San Joaquin Hills Road and the Newport Center ring road (Blocks 400, 500, 600 and 800 and San Joaquin Plaza), as well as the core of Newport Center, Fashion Island, and Block 100. North Newport Center Design Regulations 08/14/09 4 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations To the northeast is San Joaquin Hills Road, a wide boulevard on the ridge that forms the upper edge of Newport Center. To the south and southeast are office buildings, movie theaters, restaurants, service retail, the Newport Transportation Center, the Newport Beach Central Library, and Corona del Mar Plaza, a community retail center. Adjacent uses within Newport Center are office buildings, an apartment community, a resort hotel, art museum, police station, fire station, auto dealership, service station, and the Newport Beach County Club. North Newport Center is a mixed-use district that features an open-air regional shopping center, Fashion Island; a resort hotel; and a variety of office buildings that help form the skyline of Newport Beach; connected by a network of tree-lined streets and sidewalks, within a master planned environment featuring a consistent landscape. North Newport Center Design Regulations 08/14/09 5 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations II. Design Regulations Using these Regulations These regulations are intended to be used in conjunction with other applicable codes, documents, and ordinances to assess compliance of proposed projects. Each category of regulations begins with the intent, which describes the overall character that is envisioned and what objectives are necessary to attain the desired effect. A. Building Location and Massing Intent The intent of the building massing and location standards is to ensure that new development has an appropriate scale, is related to its use and location , and is properly integrated with adjoining land uses and features. 1. Site Planning Elements a. New commercial and residential buildings should respect the existing urban form , which generally consists of buildings that are organized orthogonally to create pedestrian-friendly courtyards and promenades that visually link the buildings into clusters , as seen in the diagrams below. / i Pedestrian promenade at Fashion Island North Newport Center Design Regulations 08/14/09 / / I , I I // • t Pedestrian courtyard at 550 Newport Center Drive Building interface at San Joaquin Plaza 7 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations b. 1n Mixed-Use sub-areas, the development of a complex of buildings is preferable to a single large structure because the varied massing provides visual interest and a human scale. Additionally, the spaces created between the various buildings provide opportunities for pedestrian plazas, courtyards and other outdoor gathering areas. c. New buildings should be oriented to and have features which reinforce and enhance the existing pedestrian experience. Mixed-Use sub-areas should emphasize pedestrian orientation by utilizing features such as plazas, courtyards, interior walkways, trellises, seating, fountains and other similar elements. d. New retail buildings should be located to enhance tenant visibility and identity, while maintaining compatible relationships with adjacent structures and street frontages. e. New buildings should be arranged to provide convenient access to entrances and efficient on-site circulation for vehicles and pedestrians. Projects should develop a comprehensive open space network that uses plazas and other open space elements to connect uses . Open space areas and the paths that link them should facilitate the integration of adjacent land uses on the site. f. New buildings with a strong street presence are encouraged in Fashion Island. g. Residential development shall provide common outdoor open space areas for residents. These areas should be configured and designed so as to address privacy for residential uses while also providing linkages to the public open space components of the project. h. Planning and de veloping shared facilities such as driveways, parking areas, pedestrian plazas and walkways, with adjoining properties, including those outside of the North Newport Center Development Plan, is strongly encouraged . Example of resid ent open s pace North Newport Center Design Regulations 08/14/09 Example of office courtyard 8 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations 2. Building Envelope a. New buildings should respect the existing development scale, which generally consists of high-rise buildings (10+ stories) clustered along the northerly section at the highest point in Newport Center. Mid-rise office buildings (5-10 stories), low- rise office buildings, and retail development are generally located at lower elevations towards Pacific Coast Highway. 3. Building Character and Style a. The character and style of new buildings located in Fashion Island should be compatible with the classically inspired architecture of the existing buildings in Fashion Island. The character and style of new commercial and residential buildings located in the mixed-use sub-areas should be compatible with the existing contemporary architecture or the classically inspired architecture of the existing buildings. b. New buildings within Fashion Island should continue and enhance the existing pedestrian experience by promoting storefront visibility. c. New buildings should reflect a timeless architecture with straightforward geometry, a unified composition, the expression of floor levels and structure, and solid parapets. Trendy, short-lived, idiosyncratic architectural styles are not appropriate; although retail storefronts may reflect the design theme of the merchant. d. The top of all roof-mounted equipment and communications devices should be below the building parapet or equipment screens in a manner that hides them from ground level adjacent to the building. e. Ground level equipment, refuse collection areas, storage tanks and infrastructure equipment should be screened from public right-of-ways views with dense landscaping and/or walls of materials and finishes compatible with adjacent buildings. f. Above grade equipment, including backflow preventers at domestic water meters, irrigation controllers, and cable television pedestals should not be visible from public right-of-ways, when feasible. g. Chain link fencing is not allowed, except to screen construction areas. h. A void long, continuous blank walls, by incorporating a variety of materials and design treatments and/or modulating and articulating elevations to promote visual interest. i. Architectural features should accomplish the architectural goal of extending the design elements of the building. j. New buildings on sites with sloping surfaces should be encouraged to utilize the existing terrain. Entrances to motor courts and parking structures are not included in the measurement of building height. North Newport Center Design Regulations 08/14/09 9 PA2019-010 Example of appropriate high-rise architecture Examples of classically inspired architecture Land Uses , Development Standards & Procedures Appendix -Design Regulations Example of straight forward geometry and expression of floor levels Example of appropriate low-rise form Example of retail storefront visibility to pedestrians North Newport Center Design Regulations 08/14/09 10 PA2019-010 (Not to Scale) Example of architectural feature Land Uses, Development Standards & Procedures Appendix -Design Regulations Example of architectural feature MECHANICAL PENTHOUSE ELEVATOR 0\/ERUN ROOF OF LAST OCCUPIEO SPACE Example of building height measurement on sloping terrain North Newport Center Design Regulations 08/14/09 11 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations 4. Building Materials and Colors a. Colors, materials, and finishes should be coordinated on all exterior elevations to achieve continuity of design. Stripes and patterns are not appropriate; although retail storefronts may reflect the design theme of the merchant. b. Clay tile, concrete tile, metal, and fabric are acceptable materials for low-and mid- rise roofs. c. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for building walls. d. Stone, metal, exterior plaster, exterior insulated finishing systems (EIFS), brick, concrete, wood, and glass are acceptable materials for railings. e. Service door and mechanical screen colors should be the same as, or compatible to, the adjacent wall colors. Example ofappropriate retail finishes Example of appropriate low-rise finishes 5. Parking Structures a. The architecture of new parking structures should be compatible, complementary, and secondary to principal buildings. b. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. c. New parking structures in Fashion Island shall be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. d. Simple, regular forms are encouraged. e. Views of parked vehicles should be screened. f. The visual appearance of sloping floors should be minimized. g. Interiors should be designed to promote a safe vehicular and pedestrian experience. North Newport Center Design Regulations 08/14/09 12 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations h. Vehicular entries for non-residential parking structures should be obvious and inviting. 1. Vehicular entries to exclusively residential structures should be incorporated into the structure so as to minimize the street presence of the parking structure entrance and to avoid interrupting the continuity of the street facing building elevations. Block 600 parking structure demonstrating rectangular form and vines to soften visual impact B. Landscape Intent West parking structure at Fashion Island demonstrating rectangular form and varied landscape to soften visual impact The intent of the landscape standards is to ensure that new commercial and residential development preserves and enhances the existing landscape character of North Newport Center. 1. Overall Landscape a. New development should promote an evergreen plant palette that is appropriate in the Mediterranean climate of Southern California. Plant materials should be of a native or drought-tolerant species where appropriate and provide variety, while being consistent with the existing landscape pattern and architectural design of the building. b. Landscape and site design will incorporate Best Management Practices (BMPs) to address low-flow runoff and storm water runoff. Landscaped areas within the project will be provided and used to treat runoff from impervious surfaces and roof drains prior to being discharged into the storm drain system. c. The landscape palette should consist of two distinct groups of plant materials: Accent planting, including palms , cypress, and color accents Background planting, including evergreen canopy trees and shrubs d. The overall landscape should be dominated by background planting with accent planting in key areas corresponding to the land use and development intensity. North Newport Center Design Regulations 08/14/09 13 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations e. Planting should be organized in layers of plant size and variety such as flowering , cascading, or climbing plants. Contrasts in color and texture should be used to enhance the layering of plants. Example of appropr iate landscape variety complementing the building fonn Example of layering principles Example of vertical and horizontal plant fonns 2. Perimeter and Street Landscape a. The landscape on the perimeter of sub-areas and along streets of new commercial and residential development should complement the street tree pattern , enhance the pedestrian experience, screen parked vehicles, and soften the view of parking structures . b. Existing trees along public streets should be preserved , and new trees should be installed to fill in gaps . c. Evergreen hedges should be used to screen the lower portions of parked cars. d. Evergreen planting should be used to screen parking structures. North Newport Center Design Regulations 08/14/09 14 PA2019-010 Newport Center Drive landscape variety San Joaquin Hills Road landscape 3. Parking Lot Landscape Land Uses , Development Standards & Procedures Appendix -Design Regulations San Nicolas landscape showing screening of parked cars Landscape adjacent to 888 San Clemente parking structure a. New surface parking lots should have evergreen canopy trees to provide shade. b. A unifonn evergreen tree type should be used for parking lot fields, with a different uniform evergreen tree type used to highlight the major parking aisles. c. Evergreen hedges should be used to screen parked cars. North Newport Center Design Regulations 08/14/09 15 PA2019-010 Fashion Island parking lot tree placement 4. Internal Landscape Land Uses , Development Standards & Procedures Appendix -Design Regulations San Joaquin Plaza evergreen hedges that screen parked cars a. New courtyards and promenades should continue the existing pedestrian experience by promoting visual continuity, shade and an evergreen landscape. b. Trees should be installed to shade appropriate walkways and cause an interesting and varied pedestrian experience. Ex ample of trees adding vari ety to pedestrian ex perie nce C. Circulation Intent Ex ampl e of landsca pin g cre ating strong vis ual co ntinui ty T he intent of the circulation crite ria is to en s ure that new comm e rcial and res id ential development enhances ex isting circulation patterns by maintaining existin g, upg rading ex ist in g and providing new street and walkway connections . 1. Streets and Pedestrian Activity a. N ew d evelopment should preserv e a nd enhance th e existing attractive street sce ne, prom ote safe and conv enie nt driving practices, a nd e ncourage street leve l ped estri a n activity. North Newport Center Design Regulations 08/14/09 16 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations b. All buildings should be publicly accessible via a path or walkway from a public sidewalk. c. The crescent walk linking Block 400, Block 500 and Block 600 along Newport Center Drive and pedestrian connections to/in Fashion Island should be preserved and enhanced where feasible. Connections from the crescent walk into courtyards, plazas, and other gathering areas in Block 400, Block 500 and Block 600 should be provided where possible. d. Each sub-area should demonstrate an internal pedestrian network of walks and paseos that connect to the larger Newport Center pedestrian system. e. Strong pedestrian connectivity, reinforced by protected walkways and landscaping, should occur between Newport Center Drive and the retail core of Fashion Island. f. Amenities such as benches, plazas and other pedestrian-oriented facilities should be provided at pedestrian destinations. g. To promote the vitality of the public street scene, pedestrian bridges and tunnels which remove pedestrians from the street level are not allowed. h. New benches, street trees , directional signs , trash receptacles , and exterior lighting are encouraged in the public right-of-ways to reinforce pedestrian activity . i. Enhanced paving in crosswalks to highlight pedestrian pathways is allowed if it is compatible with the character of the existing development. Pedestrian walkway from Newport Center Drive to Fashion Island Example of pedestrian connectivity to the street (between 500 and 550 Newport Center Drive) North Newport Center Design Regulations 08/14/09 Example of pedestrian amenities Example of the crescent walk design framework 17 PA2019-010 Pedestrian amenities in Fashion Island Pedestrian amenity in Fashion Island Example of a strong pedestrian pathway North Newport Center Design Regulations 08/14/09 Land Uses, Development Standards & Procedures Appendix -Design Regulations Example of pedestrian oriented enhancement Storefront interface with pedestrians Fashion Island paseo 18 PA2019-010 Land Uses , Development Standards & Procedures Appendix -Design Regulations -Crescent Walk -Vehicular Circulation -Pedestrian Connection to Fashion Island 2. Service and Emergency a. New commercial and residential development should promote efficient circulation for service and emergency vehicles. b. Major loading docks should be located away from front doors and from residential areas to separate service traffic from other traffic . c. Loading bays should be designed to minimize their visual prominence and any interference with pedestrian and vehicular flows. d. Turf-block may be used in landscape areas where fire access is necessary . e . Truncated domes should be a contrasting color, other than yellow, and should be coordinated with the paving material unless otherwise required by federal or state standards. North Newport Center Design Regulations 08/14/09 19 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations Fashion Island loading dock Fashion Island loading dock 3. Parking Lots a. Parking areas should not create a separation between adjacent land uses and buildings. b. Parking lots at new development should promote efficient circulation for vehicles and pedestrians. c. Convenient, well marked and attractive pedestrian access should be provided from parking lots to buildings. d. The use of permeable surfaces is encouraged. Pedestrian entrance from surface parking at 680 Newport Center Drive demonstrating flow from parking to building North Newport Center Design Regulations 08/14/09 Well-defined pedestrian walkway in 500/550 Newport Center Drive parking lot 20 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations Well-defined walkway from Newport Center Drive into Fashion Island at San Nicolas D. Orientation and Identity Intent T he intent of the standards for orientation , identity, and safety is to ensure that new commercial and residential development promotes wayfinding for residents and visitors , strengthens North Newport Center's sense of place, and produces a safe environment. 1. Gateways and Entrances a. New development should respect ex isting entries and , if entry modifications are required , should integrate with the ex isting vehicular and pedestrian circulation system. b. Key landscape elements at the "landscape comers" should be retained. San Joaquin Hills Road and Jamboree Road North Newport Center Design Regulations 08/14/09 San Joaquin Hills Road and MacArthur 21 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations San Joaquin Hills Road and Santa Cruz San Joaquin Hills Road and Santa Cruz 2. View Corridors a. New development should preserve views of major retail tenants in Fashion Island from Newport Center Drive. b. New development should capture views of the ocean from windows and decks at new restaurants, offices, and residences, where feasible. Fashion Island major tenant visibility North Newport Center Design Regulations 08/14/09 Fashion [sland major tenant visibility 22 PA2019-010 Balconjes at 888 San Clemente featuring ocean views North Newport Center Design Regulations 08/14/09 Land Uses, Development Standards & Procedures Appendix -Design Regulations 23 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations 3. Landmarks a. As appropriate, major new development may be positioned and designed to serve as a landmark within North Newport Center. b. Landmark elements may be included in building design to distinguish individual buildings and enhance wayfinding. The Island Hotel as a landmark building Wind chime as a landmark at Macy's Palms as a landmark at the southern entry into Fashion Island North Newport Center Design Regulations 08/14/09 24 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations 4. Signage a. New development should have signs that promote identity and wayfinding. b. Signs should be designed to clearly communicate their messages. c. Signs should be designed to complement the architecture and landscape. d. Identification signs should be designed to convey the image of the project or business. e. Wayfinding signs should be unified within each sub-area. f. Simplicity and legibility are encouraged. g . Ample blank space around sign copy is encouraged. h. Animated signs visible from public streets are not allowed unless otherwise permitted by the Municipal Code. i. Signs may be internally-illuminated , halo-illuminated , externally-illuminated, or non-illuminated. j. Sign types A-K and their corresponding locations are shown on the following pages . Project identification sign Directional sign North Newport Center Design Regulations 08/14/09 Business identification sign Temporary signs mounted on construction fence 25 PA2019-010 Land Uses, Development Standards & Procedures Appendix -Design Regulations 5. Lighting a. The exterior lighting at new commercial and residential development should be compatible with and enhance the existing lighting of the sub-area. b. Light fixtures at walkways and parking lots should be coordinated in height, color, and style. c. Light fixtures should not cast off-site glare. d. Building walls may be illuminated by downlights and uplights; light sources should not be visible from public view. e. Tops of buildings may be highlighted with bands of light. f. Utilitarian light fixtures, such as floodlights and wallpacks, may only be used in service areas. g. Low sodium lighting is not allowed. h. A TM lighting shall conform to state code without causing offsite glare, such as through the use of bollards, tree lights , pole lights, and soffit lights, rather than floodlights and wallpacks. i. In pedestrian areas such as courtyards, plazas, and walkways, lighting fixtures should be pedestrian scale. Appropriate light bollard at Block 600 North Newport Center Design Regulations 08/14/09 Non-glare producing lights at 888 San Clemente 26 PA2019-010 BLOCK 400 PLANNED COMMUNITY DISTRICT Newport Center December 1983 Newport Beach, California Ordinance 88-119 Adopted December 12, 1988 Amendment No. 672 Resolution No. 95-115 Adopted October 9, 1995 Amendment No. 825 Ordinance No. 2009-28 Adopted November 24, 2009 Amendment No. 2009-111 PA2019-010 TABLE OF CONTENTS Page Introduction 1 Figure 1. General Site Location 2 Section I. Statistical Analysis -Block 400 Planned Community District 3 Section II. General Notes 4 Section III. Commercial, Professional, Institutional, Business and Medical Offices 5 Figure II. Ground Level Plan 8 Figure III. Parking Deck Level Plan 9 Amendments 10 ii PA2019-010 INTRODUCTION The Block 400 Planned Community District for the City of Newport Beach is a part of the Newport Center Development and is in conformance with the Newport Beach General Plan adopted in March 1983 and as amended. The subject property, known as Block 400, consists of approximately 11.92 acres and is adjacent to Newport Center Drive on the west, San Miguel Drive on the south, Avocado A venue on the east and San Nicolas Drive on the north. The purpose of this Planned Community (PC) District is to provide for the Zoning Classification and Development of the subject property in accordance with the Development Standards set forth herein. Block 400 is the Newport Center Medical Building Complex consisting of 4 existing buildings (1 9-story, I 8-story and 2 7-story with a One-Level parking structure adjacent). The buildings contain commercial, professional, institutional, business office, medical and dental office, and support commercial uses ancillary to the office uses. The remainder of the site is divided between surface parking and landscaping with an area containing a parking deck. The General Site location and the Land Use Plan for the subject property are set forth in Figure I. PA2019-010 t Block 400 Planned Community ~__, District FIGURE I -GENERAL SITE LOCATION 2 PA2019-010 SECTION I. STATISTICAL ANALYSIS 1. Areas of Development: 11.924 Acres 2. Area Summary: Gross Floor Area Building #1 (Existing) -80,000 S.F. Building #2 (Existing) -100,497 S.F. Building #3 (Existing) -91,448 S.F. Building #4 (Existing) -80,000 S.F. TOTAL 351,945 S.F. Percentage of Site Coverage Building Footprint -10% Parking Area -65% Landscape and Pedestrian Circulation -25% 3. Intensity of Developed Areas: Maximum Floor Area for Commercial, Professional, Institutional, Business and Medical Office Uses -351,945 S.F. 3 PA2019-010 SECTION II. GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 3. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Planning Director. 4. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 5. All parking lot lighting shall be subject to the review and approval of the Planning Director. 6. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Planning Director. 7. Prior to the issuance of grading permits for Block 400such area shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 8. Building No. 4 shall be subject to the issuance of a Use Permit. 9. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5. 10. Building No. 4 shall pay its "fair-share" of Circulation Systems Improvements for the ultimate circulation system prior to the issuance of any building and/or grading permits. 11. Building No. 4, prior to the issuance of any building and/or grading permits, shall deposit with the EIR Finance Director the sum proportional to the percentage of future additional traffic related to said building in the subject area, to be used for the construction of a sound attenuation barrier on the southerly side of West Coast Highway in the West Newport, and in the Irvine Terrace, and in the Jamboree Road areas. 4 PA2019-010 SECTION III. COMMERCIAL, PROFESSIONAL, INSTITUTIONAL, BUSINESS AND MEDICAL OFFICES 1. Intent: The intent in development of Block 400 is to permit the location of Commercial, Professional. Institutional, Business and Medical and Dental Office uses and a limited 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 Offices. 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 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. 3. Building Location: All buildings shall be located in substantial conformance with this Ground Level plans (Figure 11) and Parking Deck Level plan (Figure III). 4. Building Height: Building No. 4 shall be limited to a maximum height of 113'-6" above approved finished floor elevation as shown on the grading plan to be prepared in accordance with the provisions of paragraph 12 of this Section. 5. Signs: A. Building Address Sign. Building address numerals and street name shall be a maximum of two (2) feet in height. Building address signs for Building No. 4 shall be located on the east and west elevations on the sign band at the First Level and shall conform to the signage on existing buildings No. 3 and No. 4. B. Project Identification Signs. i. Monument Signs identifying the entire complex contained in Block 400 Planned Community District are proposed in two (2) locations: a) Newport Center Drive in landscaping in front of Building No. l. b) San Miguel Drive in landscaping just east of Building No. 4. ii. Project identification signs shall be of a standard type to be constructed according to criteria furnished by the Irvine Company and approved by the Planning Director. 5 PA2019-010 C. Tenant Identification Signs. Tenant identification signs are divided into three (3) categories which are: i. Regular Tenant ii. Major Tenant iii. Special Category Tenant The above mentioned signs are oriented to a standard legibility scale for pedestrian and vehicle recognition, and will be designed and constructed in accordance with the Newport Center criteria of the Irvine Company. 6. Sign Standards: A. Signs (to include all those visible from the exterior of any building) may be lighted but not signs or any other contrivance shall be devised or constructed so as to rotate, gyrate, blink, or more in any animated fashion. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the uses conducted on the subject property. C. 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. D. All signs attached to the building shall be flush mounted and located on the sign panel above the first level. 7. Parking: Adequate off-street parking shall be provided to accommodate the parking needs for the development of Block 400. The intent is to eliminate the need for any on-street parking. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with applicable off-street parking requirements of the City of Newport Beach Zoning Ordinance. On-Site parking spaces for all uses in Area One will not exceed a maximum of the number required by the City of Newport Beach zoning Ordinance, provided that a maximum of twenty-five percent (25%) and two percent (2%) respectively, of such total parking spaces may be limited to use for compact cars and for handicapped persons respectively, upon approval of parking plan approved by the Planning Director and City Traffic Engineer. The requirement for parking supporting a medical office use shall be 3.5 parking spaces per 1,000 s.f. of Gross Building Area. 8. Landscaping: Detailed landscaping and irrigation plans, prepared by a licensed landscape architect or architect, shall be reviewed by the Director of Parks, Beaches and Recreation. All landscaping referred to in this paragraph shall be maintained in a neat and orderly fashion. A. Screening. Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. 6 PA2019-010 B. Landscaping -Vehicle Separation. All landscaped areas shall be separated from adjacent vehicular areas by a wall or curb, at least six (6) inches higher than the adjacent vehicular area. C. Parking Areas. Trees, equal in number to one (1) per each seven (7) surface parking stalls shall be provided in the parking area of Block 400. 9. Loading Areas: Streetside loading shall be visually screened from view from access streets and adjacent property. Said screening shall form a complete opaque screen. 10. Refuse Collection Areas: A. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. 11. Telephone, Gas and Electrical Service: All "on-site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 7 PA2019-010 FIGURE II -GROUND LEVEL PLAN 8 SITE PLAN -------... ............... ,. ---~ ...................... ............. .......... --H .:.a..-: ... ---;-Ji,at~ n•-...... at._.,iaMIIIM•ltltlHCII ,.,..~. tallWN 1 ... t,AQI ,.,::::-PNMIU ~-· DMC1.-.11ttaPACf.,_•IUI• -·---·--•l'ID• .... "" ............... PA2019-010 PARKING DECK LEVEL PLAN ~ FIGURE III -PARKING DECK LEVEL PLAN 9 PA2019-010 AMENDMENTS Establish restaurants as a permitted use within Block 400, subject to the securing of a use permit in each case. (Amendment No. 672, adopted December 12, 1988.) Establish bars and theater/nightclubs as permitted uses within Block 400, subject to the securing of a use permit in each case. (Amendment No. 825, adopted October 9, 1995.) Remove northwest corner at Newport Center Drive and San Nicolas Drive, and open space corners from Avocado from the Block 400 Planned Community District. (Ordinance No. 2009-28, adopted November 24, 2009.) 10 PA2019-010 BLOCK 800 PLANNED COMMUNITY DISTRICT NEWPORT CENTER Newport Beach, California Adopted April 23, 1979, Ordinance No. 1799 Amended October 13, 1981, Resolution No. 11065 Amended January 23, 1984, Resolution No. 84-8 Amended February 9, 1987, Resolution No. 87-23 Amended August 24, 1992, Resolution No. 92-91 Amended October 9, 1995, Resolution No. 95-115 Amended November 24, 2009, Ordinance No. 2009-28 PA2019-010 Introduction Section I Section II Section III List of Figures Figure I Figure II Figure III Figure IV TABLE OF CONTENTS BLOCK 800 PLANNED COMMUNITY DISTRICT Statistical Analysis -Block 800 Planned Community District General Notes Commercial, Professional, Institutional and Business Offices Land Use Plan Vicinity Map Plaza Level Plan Ground Level Plan 11 1 4 5 6 2 3 7 8 PA2019-010 INTRODUCTION The Block 800 Planned Community District for the City of Newport Beach is a part of the Newport Beach Center Development and is in conformance with the Newport Beach General Plan adopted in December, 1973, and as amended. The subject property, known as Block 800, consists of approximately 11 acres and is adjacent to Newport Center Drive on the east, Santa Barbara Drive on the south, San Clemente Drive on the west and an existing private road lying adjacent to the Pacific Mutual Life Insurance Company building in Block 700 on the north. The purpose of this Planned Community (PC) District is to provide for the zoning classification and development of the subject property in accordance with the development standards set forth herein. The Block 800 development is the Pacific Mutual Plaza which consists of two seven story buildings containing commercial, professional, institutional and business office uses, support commercial uses ancillary to the office uses, a restaurant, landscaping, surface parking and deck parking. The general site location and land use plan for the subject property are set forth in Figure I. PA2019-010 t San Clemente Drive Block 800 Planned Community District Figure I -LAND USE PLAN 2 PA2019-010 PACIFIC OCEAN VICINITY MAP BLOCK BOO SAN PLANNED COMMUNITY DISTRICT. Figure II -VICINITY MAP 3 IRVINE Rd. PA2019-010 SECTION I: STATISTICAL ANALYSIS 1. Areas of Development Total Area: 11.0 acres 2. Percentage of Site Coverage 1) 2) 3) Building Footprint: Parking Areas: Landscape and Pedestrian Circulation: 3. Intensity of Developed Areas 10% 45% 45% 1) Maximum floor area for commercial, professional, institutional, business office and restaurant uses: 286,166 sq. ft. 2) Maximum floor area for restaurant facility 13,200 gross sq. ft. (6,000 sq. ft. net public area)1 1 Calculations based on applicable definitions in City ofNewport Beach Zoning Ordinance. 4 PA2019-010 SECTION II: GENERAL NOTES 1. Water service to the Planned Community District will be provided by the City of Newport Beach. 2. Sewage disposal service facilities to the Planned Community District will be provided by Orange County Sanitation District No. 5.2 3. Development of the subject property will be undertaken in accordance with the flood protection policies and requirements of the City of Newport Beach. 4. Grading and erosion control provisions shall be carried out on all areas of the Planned Community in a manner meeting the approval of the Director of Community Development. 5. Except as otherwise stated in this Ordinance, the requirements of the Newport Beach Zoning Ordinance shall apply. The contents of this text notwithstanding, all construction within the boundaries of this Planned Community District shall comply with all provisions of the City of Newport Beach's Uniform Building Code and the various mechanical codes related thereto. 6. All parking lot lighting shall be subject to the review and approval of the Director of Community Development. Parking lot lighting shall be designed in a manner so as to minimize impacts on adjacent residential uses. 7. All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner meeting the approval of the Director of Community Development. 8. Prior to the issuance of grading permits Block 800 shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted policies of the City of Newport Beach. 9. Grease interceptors shall be installed on all fixtures where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code. 2 It is anticipated that sewage disposal services to Area One of the Planned Community District will be provided by connection to sewer facilities under Newport Center Drive. In the event such sewer disposal services are provided to Area One by connection to sewer facilities under Jamboree Road, no improvements in Area One shall be occupied until contracts are entered into by Orange County Sanitation District No. 5 for the improvement and expansion of such facilities under Jamboree Road. 5 PA2019-010 SECTION III: COMMERCIAL, PROFESSIONAL, INSTITUTIONAL AND BUSINESS OFFICES 1. Intent The intent in development of Block 800 is to permit the location of commercial, 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 office facilities. 2. Permitted Uses A. Administrative, professional, institutional, financial and business offices. 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. Restaurant, bar and theater/nightclub (Subject to use permit) D. Parking lots, structures and facilities. E. Car Wash 1. All drainage shall be into the sanitary sewer system. 2. This service 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 Level 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 with the provision of paragraph 12 of this Section. 6 PA2019-010 \ I I / .,,--... PACtAC MUTUAL PLAZA ...... ,.,,,u.,.-e:•~"0"""' Figure III -PLAZA LEVEL PLAN 7 I · Compact Handicap Standard TOTAL 288 23 ......!!iL 1155 Cars REQUIRED 1005 Cars / PA2019-010 ( . PACIFIC MUTUAL PLAZA "i•Nl«I ,tU.CI! Ul.lf~I~ Figure IV -GROUND LEVEL PLAN 8 PA2019-010 5. Signs A. Building Address Sign. Building address numerals shall be a maximum of two (2) feet in height. Building address numerals shall face Newport Center Drive (and/or pedestrian walkways in the case of necessity) and will be located on the building in an area most conveniently adjacent to or at the main entrance to any building. Building address numerals shall be of a form cons'istent with surrounding identification signing. B. Building Identification Sign. 1. Building Identification is allowed at the following three (3) locations within the Block 800 Planned Community District: (a) Frontage on Newport Center Drive (b) Frontage on Santa Barbara Drive (c) Frontage on the private street between Block 800 and Block 700 of Newport Center. 2. Building Identification is permitted in form of hedge signing. 3. Building Identification signs shall be of a standard type to be constructed according to criteria furnished by the Irvine Company and approved by the Planning Director. C. Tenant Identification Signs. Tenant identification signs are divided into three (3) categories which are: 1. Regular Tenant 2. Major Tenant 3. Special Category Tenant The above mentioned signs are oriented to a standard legibility scale for pedestrian and vehicle recognition, and will be designed and constructed in accordance with the Newport Center Signing Criteria of the Irvine Company. 6. Sign Standards A. 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. B. Signs shall be restricted to advertising only the person, firm, company or corporation operating the uses conducted on the subject property and to designating the overall development in Block 800 as Pacific Mutual Plaza. C. 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. D. All signs attached to the building shall be flush mounted. 9 PA2019-010 7. Parking Adequate off-street parking shall be provided to accommodate the parking needs for the development of Block 800. The intent is to eliminate the need for any on-street parking. Required off-street parking shall be provided on the site of the use served, or on a common parking area in accordance with applicable off-street parking requirements of the City of Newport Beach Zoning Ordinance. On site parking spaces for all uses in Block 800 will not exceed a maximum of the number required by the City of Newport Beach Zoning Ordinance. 8. Landscaping Detailed landscaping and irrigation plans, prepared by a licensed landscape architect or architect, shall be reviewed by the Director of Parks, Beaches and Recreation and the Public Works Department. All landscaping referred to in this paragraph shall be maintained in a neat and orderly fashion. A. Screening. Areas used for parking shall be screened from view or have the view interrupted by landscaping, and/or fencing from access streets, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. Landscaping along streets and at drive entrances shall be designed to provide sight distance per City Standard Drawing 110-L unless otherwise approved by the City Traffic Engineer. B. Landscaping -Vehicle Separation. All landscaped areas shall be separated from adjacent vehicular areas by a wall of curb, at least six (6) inches higher than the adjacent vehicular area. C. Parking Areas. Trees, equal in number to one (1) per each five ( 5) surface parking stalls and/or parking stalls located on the upper deck of a parking structure shall be provided in the parking area in Block 800. 9. Loading Area Street side loading shall be visually screened from view from access streets and adjacent property. Said screening shall form a complete opaque screen. 10. Refuse Collection Area A. All outdoor refuse collection areas shall be visually screened from access streets and adjacent property. Said screening shall form a complete opaque screen. B. No refuse collection area shall be permitted between a frontage street and the building line. 11. Telephone, Gas and Electrical Service All "on site" gas lines, electrical lines and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. 10 PA2019-010 12. Grading Grading of Block 800 shall be conducted and undertaken in a manner both consistent with applicable grading standards and ordinances of the City of Newport Beach and in accordance with a grading plan to be approved by the Director of Community Development. 11 PA2019-010 NEWPORT VILLAGE PLANNED COMMUNITY TEXT Amendment No. 594 City Council Ordinance 83-27 October 24, 1983 Amendment No. 728 City Council Resolution No. 92-4 January 13, 1992 Amendment No. 729 City Council Resolution No. 92-5 January 13, 1992 AmendmentNo. 746 City Council Resolution No. 92-6 January 13, 1992 Amendment No. 835 City Council Resolution No. 95-130 November 27, 1995 Amendment No. PA 2009-111 City Council Ordinance No. 2009-28 November 24, 2009 PA2019-010 INTRODUCTION SECTION I. Statistical Analysis SECTION II. General Notes SECTION III. CONTENTS Governmental/Institutional (Areas 1 and 4) SECTION IV. Open Space (Areas 2 and 3) SECTIONV. Retail (Area 5) APPENDIX EXHIBITS Land Use Plan, Exhibit A Signage Plan, Exhibit B ii Page 1 Page2 Page 3 Page 5 Page 7 Page 8 Page 19 Page 20 Page 21 PA2019-010 INTRODUCTION The Newport Village Planned Community District, a portion of the Newport Center planning area, has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community is to provide a method whereby property may be classified and developed for retail, governmental, institutional, and open space uses. The specifications of this district are intended to provide land use and development standards supportive of the development proposal contained herein while insuring compliance with the intent of all applicable regulatory codes. (A594) Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building code and various mechanical codes related thereto. Page 1 PA2019-010 SECTION I. STATISTICAL ANALYSIS Newport Village DEVELOPMENT LAND USE AREA ACRES UNITS Governmental/Institutional/Retail Transit Facility 2.0 Library 4 4.0 65,000 sq.ft. Retail 5 10.0 100,000 sq.ft. SUBTOTAL 16.4 170,000 sq.ft. Open Space 2,3 17.3 4 acre public park' TOTAL 33.3 1 A 4 acre public park is contemplated by the General Plan in the area north of the Library site and south of San Miguel Drive (Area 3). Page 2 PA2019-010 SECTION II. GENERAL NOTES 1. 2. Project Description The Planned Community District encompasses 33.3 acres. 10 acres are designated for retail use and 6.0 acres are designated for governmental/institutions use. 17.3 acres are designated for open space use, including a 4-acre public park. Water Service Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage Disposal Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No.5. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 4. Grading and Erosion 5. Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. Screening All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner compatible with the building materials; and noise associated with said noise generators shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 6. Archaeological/Paleontological Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 7. Any fire equipment access shall be approved by the Fire Department. 8. The final design of on-site pedestrian and bicycle circulation in any tract shall be reviewed and approved by the Public Works Department and the Planning Department. 9. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 10. Water conservation design features shall be incorporated into building construction. 11. Exposed slopes, if any, shall be stabilized as soon as possible to reduce erosion. 12. Public or private streets shall meet City standards. Page 3 PA2019-010 13. The maximum height of all buildings shall be forty-five (45) feet and shall be measured in accordance with the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the plane established by Ordinance No. 1596 for Corporate Plaza. 14. Crown Drive will not be extended across MacArthur Boulevard. 15. Harbor View Drive shall not be extended across MacArthur Boulevard. 16. All utilities shall be underground. Page 4 PA2019-010 SECTION Ill. GOVERNMENTAL AND INSTITUTIONAL (AREAS 1 and 4) A. Permitted Uses 1. Transit Facility (Area 1 ), including parking of Orange County Transit District buses and vehicles, bus shelter structures, including restrooms, and public parking. 2. Public Library (Area 4), including appurtenant facilities such as public meeting rooms. 3. Signs in accordance with the City of Newport Beach Municipal Code. B. Uses Requiring a Use Permit C. 1. Restaurants. 2. Retail uses such as gift shop, book store. Development Standards 1. Floor Area and Development Limits. The total floor area shall be as provided in Section I Statistical Analysis, consistent with the Newport Beach General Plan. 2. Building Height. Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. 3. Setback Requirements. The following building setback requirements, measured from the property line, shall apply: Avocado A venue 20 feet Coast Highway 40 feet MacArthur Boulevard 40 feet San Miguel 20 feet 4. Off-Street Parking. Off-street parking shall be provided on-site in surface lots or in parking structures. 5. Parking for the transit facility shall be in accordance with Use Permit No. 3286. Parking for public library shall be provided at a ratio of one parking space for each 250 square feet. The design and layout of all parking areas and loading areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. Lighting. Lighting of building interiors and exteriors and parking lots shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses including Harbor View Hills. Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area. The plans for lighting shall be prepared and signed Page 5 PA2019-010 by a licensed electrical engineer, and shall be subject to review and approval of the City Planning Department. 6. Landscaping. A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. A landscaping program shall be reviewed and approved by the Parks, Beaches and Recreation Department, and the Planning and Public Works Departments. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for Corporate Plaza. Page 6 PA2019-010 SECTION IV. OPEN SPACE (AREAS 2 and 3) A. Permitted Uses Open Space, including public parks. B. Development Standards As provided by Chapter 20.52, Open Space District, of the Newport Beach Municipal Code. Page 7 PA2019-010 SECTIONV. RETAIL (AREA 5) LOCATION Area 5 (aka Corona del Mar Plaza) is located at the northwest comer of East Coast Highway and MacArthur Boulevard within the area defined as Newport Center as shown on the Planned Community Development Plan. INTENT It is intended that Area 5 be developed as a specialty retail commercial center. These regulations will permit a broad range of commercial uses appropriate to a retail commercial center. These uses include retail uses, restaurants, and uses which are service in nature. DEFINITIONS Bar -The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and/or dancing shall occupy less than twenty percent (20%) of the "net public area." Gross Floor Area -Gross floor area is the area included within the walls of the building, exclusive of mechanical shafts and related appurtenances. The floor area shall also include the areas 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 use permitted by this text. Exterior covered walkways between or in front of retail buildings shall not be included in gross floor area. Restaurant -The term "restaurant" shall mean a place of business with the principal purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than 25% may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design, and where the area devoted to live entertainment and/or dancing does not exceed twenty percent (20%) of the "net public area.". A. PERMITTED USES 1. Retail stores, including clothing store, bakeries, bookstores, food shops, pet stores, shoe shops, candy shops, card shops, florists, record stores, audio and video stores, camera shops, luggage stores, furniture stores, art galleries, jewelry stores, athletic stores, china and gift shops, specialty food service, specialty stores and other uses which are of similar nature. Page 8 PA2019-010 B. 2. Personal services establishments, including barber shops, beauty parlors, tailor shops, opticians, dry cleaning establishments (with plant on site, subject to the requirements included in these development standards), postal service facilities, enclosed bicycle storage lockers and other uses which are of a similar nature. 3. Outdoor sales establishments, carts and kiosks, and outdoor special events and structures, subject to the approval of the Planning Director. 4. Temporary structures and uses. Regulations are as specified in the Newport Beach Municipal Code. 5. Office uses, only when such offices are ancillary to a permitted use located in the complex (Area 5). SITE PLAN REVIEW REQUIRED A site plan review shall be approved by the Planning Commission and the City Council, for the siting of buildings, setbacks, landscaping and other development standards, in accordance with the Newport Beach Municipal Code site plan review procedure; prior to issuance of any building permits. Minor changes made after or during construction, but in substantial conformance with the original plans approved by the Planning Commission and the City Council, shall be reviewed and approved by the Planning Director. C. USES REQUIRING A USE PERMIT The following uses shall be permitted subject to the securing of a use permit in each case: 1. Bars and restaurants, other than a use which can be categorized as a "Specialty Food Service" use as defined in Title 20 of the City of Newport Beach Municipal Code. 2. Drive-in facilities (excluding food uses). 3. Uses as specified in the RSC District of Chapter 20.33 (more specifically, Table 20.33, exclusive of arcades, recreational establishments; and drive-in, take-out restaurants) of the Newport Beach Municipal Code, unless otherwise permitted by these planned community regulations. D. DEVELOPMENT STANDARDS 1. Floor Area and Development Limits: The total gross floor area permitted, shall not exceed 105,000 gross feet. Of this floor area limitation a maximum of 15% (15,750 sq.ft.) may be devoted to restaurant uses (including bars and restaurants). Outdoor areas which are defined by fences or rails and are for the exclusive and permanent use for display or seating by a retail or food use shall be calculated as floor area, except as otherwise permitted by the Newport Beach Municipal Code. 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. Loading docks, covered trash areas, common electrical/utility rooms shall not be calculated as floor area as entitled by this section. Page 9 PA2019-010 2. Building Height: Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the Sight Plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. 3. Setback Requirements: The following building setbacks shall be maintained from the streets with dimensions measured from the property lines: Avocado A venue East Coast Highway MacArthur Boulevard 20 feet No Setback 35 feet with the following projections: a. The MacArthur Boulevard setback shall be reduced to 15 feet for a distance of 135 feet as measured along the MacArthur property line northerly from the intersection of the prolongation of the property lines of MacArthur Boulevard and East Coast Highway. b. The MacArthur Boulevard setback shall be reduced by the width of the required acceleration and deceleration lanes resulting from the MacArthur access (if entitled), with a maximum reduction of 15 feet. The reduced setback shall be limited to the length of the combined acceleration and deceleration lanes as approved by the City Traffic Engineer. No setbacks are required from any internal parcel lines, except as may be required by the Building Code. 4. Off-Street Parking: A minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area for Area 5 (Corona del Mar Plaza) shall be provided on-site for all uses, including food service uses (includes required parking for bars, restaurants, and specialty food service uses). Parking stall size shall be in accordance with City of N~wport Beach Standards unless otherwise approved by the City Traffic Engineer. 5. Lighting: 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. 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 comply with the following criteria: Parking Lot Lighting Design: Type of Light Pole Height Light Intensity Combined high pressure sodium and metal halide 25 feet maximum, in no case shall the pole height extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. Minimum one (1) footcandle per the City of Newport Beach Police Department. Page 10 PA2019-010 6. Direction of Light Visible Light Source Building Lighting Design: Type of Light Visible Light Source Down only. The light source for each luminaire shall not be visible above the horizontal plane. Down lighting in arcades and along sidewalks will use a combination of incande~cent and fluorescent sources. Perimeter building lights will use a combination of incandescent and high pressure sodium sources. The light source for each luminaire shall be directed away from adjacent properties and not visible from beyond the project site. Restaurants: All bars, restaurants, including specialty food uses shall be subject to the following requirements. a. Parking shall be provided as specified in these development standards, more specifically in Section V, (D) 4. b. Kitchen exhaust fans are required and shall be designed to control odors and smoke, unless otherwise approved by the Newport Beach Building Department. c. A washout area or areas is/are 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. d. Grease interceptors shall be installed on all fixtures in any restaurant 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. 7. Dry Cleaning Facilities: All dry cleaning facilities shall be subject to the following requirements: a. Any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. b. The use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. c. There shall be no outside storage of materials, supplies or other paraphernalia. d. The proposed dry cleaning equipment shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. Page 11 PA2019-010 8. Landscaping: A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. E. SIGNS 1. Definitions: The following terms used III this section shall have the meanings indicated below: a. Anchor Tenant. The term "Anchor Tenant" means a store having a minimum of twenty thousand (20,000) square feet of floor space, which is located within or between other commercial buildings. b. Audible Signs. The term "Audible Sign" means any sign which uses equipment to communicate a message with sound or music. c. End Cap Tenant. The term "End Cap Tenant" means a store having three building elevations with a minimum of four thousand (4,000) square feet of floor area. d. Building Elevation. The term "Building Elevation" means the exterior wall surface formed by one (1) side of the building. e. Eye Level. The term "Eye Level" means at the height of five (5) feet measured from grade. f. Freestanding Commercial. The term "Freestanding Commercial" means any building with a commercial use which is separated from other commercial uses by parking and/or streets. g. Major Tenant. The term "Major Tenant" means a store or restaurant having a minimum of eight thousand (8,000) square feet of floor space, which is located within or between other commercial buildings. h. Monument Sign. The term "Monument Sign" means any sign that is supported by its own structure and is not part of or attached to any building. 1. Sign. The term "Sign" means any media, including their structure and component parts which are used or intended to be used out-of doors to communicate information to the public. j. Sign Area. The term "Sign Area" means the area enclosed by a rectangle drawn around the wording, numbers or images composing the sign. k. Sign Face. The term "Sign Face" means the physical plane and/or surface upon which the wording or images are applied. 1. Sign Letter. The term "Sign Letter" means the individual symbols of the alphabet used in forming the words of a message. m. Tenant Sign. The term "Tenant Sign" means any permanent sign of an establishment which is located on or attached to the storefront elevation, covered walkway or awning for the purpose of communicating the name of the tenant. Page 12 PA2019-010 n. Temporary Signs. The term "Temporary Sign" means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. 2. Permitted Signs Subsection 1 -Site Identification Signage a. Shopping Center Identification Signs: In addition to other signs permitted by this section, monument signs identifying the shopping center and tenants are permitted at the vehicle entry on MacArthur Boulevard, the vehicle entry on Avocado A venue, the intersection of East Coast Highway and Avocado and the project's main pedestrian entrance from East Coast Highway. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. The sign area of each sign is as follows: MacArthur Boulevard Entrance Maximum Sign Area Maximum Sign Height Identification Maximum Letter Height Letter Style/Illumination 100 Square Feet 8 feet Name of Shopping Center, Logos and Tenant names Shopping Center Identification -24" Tenant Identifications -12" Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Avocado A venue Entrance Maximum Sign Area Maximum Sign Height Identification Maximum Letter Height Letter Style/Illumination 100 Square Feet 8 feet Name of Shopping Center, Logos and Tenant names Shopping Center Identification -24" Tenant Identifications -12" Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Intersection of East Coast Highway & Avocado A venue Maximum Sign Area Maximum Sign Height 120 Square Feet 10 feet Page 13 PA2019-010 Identification Name of Shopping Center, Logos and Tenant Maximum Letter Height Letter Style/Illumination names Shopping Center Identification -24" Tenant Identifications -12" Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Main Pedestrian Entrance from East Coast Highway An arch or pedestrian gateway shall be allowed at the main pedestrian entry off of East Coast Highway, subject to review and approval of the City of Newport Beach Modification Committee. The arch may be freestanding between buildings or may span and connect to the buildings. The project name and project logo may appear on the gateway as individual letters spot lit or reverse channel halo lit. b. Library Link Feature: Sculptural or decorative elements may be used to help define the pedestrian link between the project and the library. c. Graphic Light Sconce: Feature light sconces shall be used to create pedestrian scale and character. Sconces shall either be internally or indirectly lit to back light graphic patterns that may contain elements of the project logo. d. Project Directory: No more than three (3) project directories may be located near the major pedestrian intersections of the project. Directories will consist of a site map and a listing of project tenants. Maximum width of the directory shall be four feet ( 4') and the maximum height shall be eight feet (8'). Directory may be internally illuminated. Subsection 2 -Tenant Identification Signage a. Tenant Signage: In addition to other signs permitted by this section, signs identifying the major tenants are permitted on the exterior walls or parapets of the building which they occupy. Within this category, one (1) sign per building elevation is permitted, unless noted otherwise. However, more than one (1) wall sign per Tenant is permitted on the same elevation, if the aggregate sign area of all signs for the same Tenant on the same elevation is equal to or less than the maximum permitted sign area. Tenant sign criteria is segregated into zones based on their proximity and sensitivity to adjacent residential communities. 1. Zone One -Building elevation directly fronting MacArthur Boulevard. No tenant signage of any kind will be permitted in this zone. Page 14 PA2019-010 2. Zone Two -West elevation (parking lot side) of the buildings along MacArthur Boulevard. The following tenant signage will be permitted: Letter Style Letter Height Individual letters either spot lit from above or below, halo lit with neon or open channel with exposed neon. Anchor Tenants -48" maximum Major Tenants -24" maximum End Cap Tenants -18" maximum Other Tenants-12" maximum Allowable Area Anchor Tenants -150 square feet Major Tenants -three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants -two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 3. Zone Three -North wall of Major Tenant Building along MacArthur Boulevard. The name of the Shopping Center, Logo and a maximum of three (3) tenant signs shall be permitted. The maximum letter heights shall be as follows: a. Shopping Center Name and Logo 6" larger than largest Tenant Sign b. Three (3) Tenant Signs 18" maximum letter height c. Two (2) Tenant Signs 24" maximum letter height d. One (1) Tenant Sign 30" maximum letter height The signs shall be either spot lit from above or below. 4. Zone Four -North elevation (parking lot side) of the building along East Coast Highway and east elevation (parking lot side) of the building along Avocado A venue. The following tenant signage will be permitted: Letter Style Letter Height Anchor Tenants Major Tenants End Cap Tenants Other Tenants Allowable Area Anchor Tenants Major Tenants Individual letters either spot lit from above or below. 36" maximum 24" maximum 18" maximum 12" maximum 150 square feet three square feet for every lineal foot of store Page 15 PA2019-010 End Cap and Other Tenants Sign Location Miscellaneous frontage with a maximum of 120 square feet two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign to be located no closer than 4 feet from Tenant demising wall. Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 5. Zone Five -East Coast Highway elevation. The following tenant signage will be permitted: Letter Style Letter Height Allowable Area Major Tenants Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Major Tenants -24" maximum End Cap Tenants-18" maximum Other Tenants-12" maximum three square feet for every lineal foot of store frontage with a maximum of 60 square feet End Cap and Other Tenants Sign Location Miscellaneous two square feet for every lineal foot of store frontage with a maximum of 60 square feet for end cap Tenants and 40 square feet for other Tenants. Sign to be located no closer than 4 feet from Tenant demising wall. Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 6. Zone Six -Avocado Avenue elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Anchor Tenants 36" maximum Major Tenants 24" maximum End Cap Tenants 18" maximum Other Tenants 12" maximum Page 16 PA2019-010 Allowable Area Anchor Tenants Maj or Tenants 150 square feet three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants Sign Location Miscellaneous two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign to be located no closer than 4 feet from Tenant demising wall. Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 7. Zone Seven -Restaurant pad building. Tenant signage of the following type only may be permitted for this Zone; Individual letters, illuminated with a maximum letter height of24". Up to a maximum of three (3) signs shall be permitted. b. Tenant Blade Signs. One (1) blade sign per Tenant shall be located under the pedestrian arcade along the storefronts. The blade signs to consist of a suspended "framework" with a thirty-six inch (36") maximum length and twenty-four inch (24") maximum height. Tenants to apply their name and/or logo within this "framework" with no type or images protruding beyond the prescribed borders. Signs may be spot lit. c. All stores are permitted to place on glass storefront at each entry a decal sign identifying the store name and services, store address, hours of business and emergency telephone numbers. This sign shall be located at or below eye level to be visible to pedestrians, and shall not exceed two (2) square feet in area. Color of decal to be white. d. Building Address: Building addresses shall be located on buildings as directed by the City of Newport Beach Fire Department. Letter height to be a maximum of eighteen inches (18"). 3. General Provisions: a. Temporary Signs: In addition to other signs permitted in this section, temporary signs, intended to be displayed for sixty (60) days or less, are permitted for purposes related to special events, seasonal activities and store openings. Temporary signs, identifying new construction or remodeling, may be displayed for the duration of the construction period beyond the sixty (60) day limit. Real Estate signs shall be erected in accordance with the Newport Beach Municipal Code. Page 17 PA2019-010 b. C. d. Maintenance: Signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. Restricted Sign Types: Rotating, flashing, blinking signs or signing with animation shall not be allowed. No signs shall be permitted which imitate or resemble official traffic signs or signals. No wind signs or audible signs are permitted. Exceptions: Relief from the restrictions noted in this section require the review and approval of the Modification Committee of the City of Newport Beach. Page 18 PA2019-010 A594 APPENDIX City Council approved 10/24/1983 Ordinance 83-27 Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center. A 728 City Council adopted 01-13-92 Resolution 92-4 Request to amend the Corporate Plaza Planned Community Development Plan so as to permit 85,000 sq. ft. of additional office development transferred from the Newport Village Planned Community. The proposal also includes a request to amend the Planned Community sign provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West Planned Community. A 729 City Council adopted 01-13-92 Resolution 92-5 Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150-sq. ft. of additional office development, 35,000 sq. ft. of which would be trans- ferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal also includes: a request to amend the existing Planned Community sign standards; and a change to require the approval of a use permit for restaurants rather than a site plan review. A 746 City Council adopted 01-13-92 Resolution 92-6 Request to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado A venue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section. A835 City Council adopted 11-27-95 Res. 95-130 Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft. specialty retail shopping center. City Council adopted 11-24-09 Ordinance No. 2009-28 (PA 2009-111) Request to amend the Newport Village P-C to remove from Area 1 the open space frontage on San Joaquin Hills Road and the open space comer portion at San Joaquin Hills Road and MacArthur. Said area to be incorporated into the North Newport Center Planned Community District (PC-56). Page 19 PA2019-010 NEWPORT VILLAGE PLANNED COMMUNITY DISTRICT ~ OPEN SPACE al GOVERNMENTAL/INSTITUTIONAL 111111 RETAIL WbJ NOT A PART Exhibit A -Land Use Plan s Page 20 PA2019-010 Corona del Mar Plaza Tenant Identification Sign Zones Exhibit B -Signage Plan Page 21 PA2019-010 Zoning Compliance Application . ~WED Sy Community Development Department ~«-c rn' Plann_i~g Division . cot.J.M U;ME.NT 100 C1v1c Center Drive/ P.O. Box 1768 / Newport Beach , CA 926581r8~'51 (949)644-3204 Telephone/ (949)644-3229 Facsimile 1~N '2 62, 'l.0\9 www .newportbeachca.gov J PROPERTY OWNER(S) err< oF NAME '?-v' 1v€°Wpoo, re,~ ADDRESS CITY, STATE I ZIP CODE EMAIL PHONE NO. I FAX NO. CITY, ATE IA ?; fle_-,., v- ZIP CODE ~ 35 PHONE NO . 41~~ .jo$-l'f ,~ SITE/PROJECT ADDRESS j I J ,,, { ll/lJ/ ~oetttlo a.Jt'. /Vt!w ..,..~ INFORMATION REQUEST p~ Che;:r::~t::~~ns~/~::~;a~h;;~::es~::da;:~r;:~:nproperty ~ Overlay district D Abutting Zoning/General Plan designation ~ Discretionary Approvals ~ Legal nonconforming uses or structures ~ Developed with Site Plan approval D Other (attach additional sheet(s)) if necessary: _______________ _ Date Received: Fee Paid: Form of Payment: Receipt No . DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY I Check No . Planner I Ext. Remarks : Target Date : Date Completed Date Mailed: F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Zoning Compliance\lnfo&A pp .docx Updated 3/11 /13 PA2019-010 NATIONAL ZONING CONSULTANTS THE STANDARD IN CUSTOMER SERVICE I Mary Bickerton Research Coordinator National Zoning Consultants P.O . Box 211 P inetop , AZ 85935 Phone : (928) 205-1492 Fax: (480) 907-1739 Email : mbickerton@prozoningreports .com Date January 17, 2019 City of Newport Beach Community Development Department Planning Division 100 Civic Center Drive PO Box 1768 Newport Beach, Ca. 92658-8915 Re 1401 Avocado Avenue, Newport Beach Ca 92660 aka Newport Center Medical Building #2 To Whom it May Concern: This is a Request for a Zoning Verification Letter, copies of building permits, certificates of occupancy, site plan, variances and use permits and building, fire and zoning code violations. PLEASE ADVISE BY E MAIL IF ANY OF THE REQUESTED ITEMS HEREIN SHOULD BE REQUESTED FROM ANOTHER DEPARTMENT. I have been retained to do a full property report on the property referenced above, which is located within your jurisdiction . I will pay your fee in the amount of $372.00 per your request if you send me instruction on how to do so (Please of any fees and where to send payment). Please address and send the above requested letter to: Michelle Dahlke Zoning Manager National Zoning Consultants 940 West Fairway Drive Mesa, AZ 85201 mdahlke@prozoningreports.com (480) 907-1739 -Fax The following information should be addressed in the letter: PA2019-010 1. What is the current zoning designation? Has the designation changed since the property was constructed? If the property is a planned development, please include a copy of the approved bulk requirements. 2. Does the jurisdiction consider this property to be nonconforming? 3. Are there any open code violations (Zoning, Building and Fire Code vi~lations) on file? If so, please provide copies. 4. Were there any special permits, variances or site plans issued? If so, please provide copies. 5. Please attach any site plans, ordinances, or final building permits on file. 6. Please attach copies of the Certificates of Occupancy that have been issued for the property. If there are none available, please explain and state the number of approved units. Final permits will suffice if copies of Certificates cannot be found. 7. Please state in the letter how many units that were approved to be constructed. Are there any known ille.gally built units? Please email (mbickerton@prozoningreports.com) a copy of the letter prior to mailing once it is completed. If your zoning code is not accessible online, please remit a copy of the relevant sections. If you have any questions or need further information from me regarding this request, please let me know immediately. Sincerely, Mary Bickerton Research Coordinator National Zoning Consultants, LLC P.O. Box 211 Pinetop, AZ 85935 Phone: (928) 205-1492 Fax: (480) 907-1739 mbickerton@prozoningreports.com