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PA2019-073
COMMUNITY 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 May 24, 2019 Reference No. PA2019-073 National Due Diligence Services Attn: Kyle Harris kharris@ndds-zoning.com RE: 601 Newport Center Drive, Newport Beach, CA 92660 APN 442 021 13 Dear Mr. Harris: The above referenced property is currently located within the North Newport Center Planned Community (PC56 – Fashion Island Sub-Area) and designated as Regional Commercial (CR) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. Generally to the north, south, east, and west, the abutting parcels are also located within the North Newport Center Planned Community (PC56) and the General Plan land use designation is the Regional Commercial (CR) land use designation. At the time the building permits were finaled, the building and parking requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. If the subject property does not comply with the current regulations, it is considered to be nonconforming and is subject to Chapter 20.38 (Nonconforming U ses 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. W ith the exception of the discretionary approvals for signs and major amendments, copies of those approvals are attached. If you would like the copy of an approval for a specific amendment, please let me know. Please contact the Planning Division for further details on any discretionary application: PA2019-073 Page 2 Zoning Compliance - PA2019-073 Tmplt: 08-15-176 The following discretionary approvals were acquired from the City of Newport Planning Department: 601 Newport Center Drive Use Permit No. UP2003-039 (PA2003-229) approved on November 20, 2003, to approve a Type 47 On-sale General Eating Place alcohol license in conjunction with the operations of the Mariposa Restaurant located inside Neiman -Marcus on the third floor. The sale of beer, wine and distilled spirits is made for the convenience of the dining patrons and is a normal accessory use for a bona fide restaurant. Use Permit No. UP1863 approved on April 20, 1978, to change the operational characteristics of the existing restaurant facility in Neiman-Marcus to include the service of beer and wine. Use Permit No. UP3529 approved May 5, 1994, to permit the continued operation of an existing massage establish in a beauty salon within the Neiman Marcus Department Store on the property located in the Fashion Island Planned Community. 601 – 701 Newport Center Drive Lot Line Adjustment No. LA2012-003 (PA2012-075) - Originally approved on July 25, 2012 to adjust the boundaries of parcel located at 601 and 701 Newport Center Drive. 100, 150, 180, 190, 450 Newport Center Drive Planned Community Amendment No. PD2009-003 and Code Amendment No. CA2009-005 approved on November 10, 2009, to amend the North Newport Center Planned Community to include portions of Blocks 100, 400, and 800. 600 Newport Center Drive Development Agreement No. DA2007-002 (PA2009-023) approved on December 11, 2007, to amend the Fashion Island Planned Community Text to incorporate San Joaquin Plaza, Block 500, and Block 600 to bring the zoning into conformance with the General Plan. Affordable Housing Implementation Plan No. AH2007 -001, Development Agreement No. DA2007-002, Code Amendment No. CA2007-007, and Planned Community Plan Amendment No. PD2007-003 approved on December 11, 2007, to amend the Fashion Island Planned Community Text to incorporate San Joaquin Plaza, Block 500, and Block 600 to bring the zoning into conformance with the general plan. 550 Newport Center Drive Planned Community Amendment No. PD2015-003 (PA2015-109) approved on November 10, 2015 for the following: 1.An amendment to the North Newport Center Planned Community Development Plan to: a) update development limits to reflect past transfers of development, b) increase the maximum development allocation for Block PA2019-073 Page 3 Zoning Compliance - PA2019-073 Tmplt: 08-15-176 100 by 21,161 square feet, c) add two existing buildings (2071 and 2101 San Joaquin Hills Road), d) provide a 10 -foot additional height allowance for architectural features and rooftop appurtenances, and e) modify allowed uses, parking requirements, and sign regulations. 2.An amendment of the Block 500 Planned Community District Regulations to remove two existing buildings, specifically 2071 and 2101 San Joaquin Hills Road. 3.A transfer of unbuilt development from the Corporate Plaza and Corporate Plaza West Planned Communities to the North Newport Center Planned Community Block 100. 4.Amendments of the Corporate Plaza and Corporate Plaza West Planned Community District Regulations to reduce the maximum development allocations to be consistent with the requested transfer of development. 800, 840, 860, and 880 Newport Center Drive Planned Community Amendment No. PD2011-001 and Code Amendment No. CA2011-004 (PA2011-017) approved on May 24, 2011 to incorporate the North Newport Center Planned Community Development Plan and Amendments to Districting Map No. 48, No. 49, and No. 50 and to the San Joaquin Plaza PC Development Plan and the Block 500 PC Development Plan (Code Amendment No. CA2007-007 and Planned Community Development Plan Amendment No. PA2007-003). 900 Newport Center Drive, 2 San Joaquin Plaza Planned Community Amendment No. PD2012-001 and Development Agreement No. DA2012-001 (PA2012-020) approved on August 14, 2012 for the following: 1.Transfer of Development Intensity- Conversion of un-built non-residential development intensity (79 hotel rooms assigned to General Plan Anomaly Site No. 43) to multi-family residential development intensity (79 multi-family units) and transfer of the converted development intensity into the NNCPC; 2.Planned Community Development Plan Amendment- Amendment to the NNCPC Development Plan to increase the allowable residential development intensity by a total of 94 units and to allocate the 94 units plus the 430 residential units currently allocated to Blocks 500, 600, and San Joaquin Plaza portions of the NNCPC solely to San Joaquin Plaza. Of the 94 units, 79 units result from the conversion and transfer of development intensity, and the remaining 15 units are currently unassigned by the General Plan within the MU-H3 portions of the Newport Center Statistical Area L1; PA2019-073 Page 4 Zoning Compliance - PA2019-073 Tmplt: 08-15-176 3.Development Agreement- Amend the Zoning Implementation and Public Benefit Agreement between the City and the Irvine Company to vest the revised development intensities and allocations within NNCPC and to establish public benefits for the City; 4.Traffic Study- Preparation of a traffic study for 94 units pursuant to the City's Traffic Phasing Ordinance; and 5.Affordable Housing Implementation Plan (AHIP)- Amendment to an AHIP to address affordable housing obligations associated with the increased development intensities and allocations. 6.Water Supply Assessment (WSA)- Evaluation of water supply availability for the project. 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) 644-3737 pachis@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: Aerial Map Land Use Plan of PC 56 (North Newport Center) Lot Line Adjustment No. LA2012-003 (PA2012-075) Use Permit No. UP2003-039 (PA2003-229) Use Permit No. UP1863 Use Permit No UP3529 Patrick Achis Planning Technician PA2019-073 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: 5/24/2019 0 400200 0 PA2019-073 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) Amended May 24, 2011, Ordinance No. 2011-16 (PA 2011-017) Amended July 24, 2012, Ordinance No. 2012-19 (PA 2012-020) Amended November 10, 2015, Ordinance No. 2015-32 (PA 2015-109) PA2019-073 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures North Newport Center Planned Community Development Plan iii November 10, 2015 Contents I. Introduction and Purpose of Development Plan ................................................................................. 1 A. Sub-Area Purpose ............................................................................................................................. 1 B. Relationship to Municipal Code ..................................................................................................... 10 C. Relationship to North Newport Center Design Regulations ........................................................... 10 II. Land Use and Development Regulations .......................................................................................... 11 A. Permitted Uses ................................................................................................................................ 11 B. Development Limits ....................................................................................................................... 12 C. Transfer of Development Rights .................................................................................................... 13 III. Site Development Standards ............................................................................................................. 15 A. Permitted Height of Structures ....................................................................................................... 15 B. Setback Requirements .................................................................................................................... 16 C. Parking Requirements .................................................................................................................... 18 D. Landscaping ................................................................................................................................... 19 E. Lighting .......................................................................................................................................... 19 F. Signs ............................................................................................................................................... 19 G. Residential Compatibility ............................................................................................................... 23 H. Residential Open Space Requirements ........................................................................................... 24 IV. Planned Community Development Plan Administration .................................................................. 25 A. Process for New Structures ............................................................................................................ 25 B. Process for New Signs .................................................................................................................... 26 C. Transfer of Development Rights .................................................................................................... 26 V. Definitions ......................................................................................................................................... 29 Appendix A – Design Regulations PA2019-073 Land Uses, Development Standards & Procedures North Newport Center Planned Community Development Plan iv November 10, 2015 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 1 November 10, 2015 I. Introduction and Purpose of Development Plan The North Newport Center Planned Community district is comprised of seven sub-areas that include Fashion Island, Block 600, and Block 800; and portions of Block 100, Block 400, Block 500, 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 170.3 acres along San Joaquin Hills Road and Newport Center Dr. The seven sub-areas that make up the site including Fashion Island (75 acres), Block 100 (10 acres), Block 400 (4 acres), Block 500 (16.3 acres and a 0.4-acre open space area at the corner of MacArthur Boulevard and San Joaquin Hills Road), Block 600 (25 acres), Block 800 (17 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), Block 400 (Figure 4), and a portion of Block 800 also referred to as Pacific Financial Plaza. Block 100 generally comprises 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 generally comprises commercial office, with medical related offices and retail use. The Pacific Financial Plaza portion of Block 800 is generally comprised of commercial office and restaurant uses. The Mixed-Use blocks include Block 500 (Figure 5), Block 600 (Figure 6), and San Joaquin Plaza (Figure 7). The Mixed-Use blocks are generally composed of administrative, professional, and financial office uses. Block 600 contains hotel and related ancillary uses. 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. The residential portion of Block 800 (Figure 8) allows for multi-family residential or senior citizen housing uses. While not categorized as a mixed-use area, Block 800 contains two distinct uses which are not interchangeable. The northern portion of Block 800 is designated for residential use and the southern portion is commercial office. The boundaries of the Mixed-Use blocks included in this Development Plan are shown in Figure 5, Block 500 Sub-Area, Figure 6, Block 600 Sub-Area, and Figure 7, San Joaquin Plaza Sub-Area, respectively. PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 2 November 10, 2015 Figure 1 – North Newport Center Planned Community □ North Newport Center Planned Commun ity Fashion Island Regional Center PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 3 November 10, 2015 Figure 2 – Fashion Island Sub-Area □ Planned Commun ity D Not included in Planned Community t PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 4 November 10, 2015 Figure 3 – Block 100 Sub Area □ □ Drive Planned Community Not included in Planned Community 0 -, -. < (1) t PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 5 November 10, 2015 Figure 4 – Block 400 Sub Area D Planned Community D Not included in Planned Community t PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 6 November 10, 2015 Figure 5 – Block 500 Sub-Area San Joaquin Hills Rd l d Commu ni ty . D Planne d Community d d ·1n Planne t D Not inclu e PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 7 November 10, 2015 Figure 6 – Block 600 Sub-Area □ Planned Community D Not included in Planned Community t PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 8 November 10, 2015 Figure 7 – San Joaquin Plaza Sub-Area San Joaquin Hills Rd V) 1::, Q) ::3 a:: ........ 0-) Cl) (l) ~ 0 ...Q E ('O ') D Planned Community D Not included in Planned Com mun ity t PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 9 November 10, 2015 Figure 8 - Block 800 Sub-Area San Clemente Drive D Planned Community D Not included in Planned Community R = Residential CO = Commercial Office t PA2019-073 Land Uses, Development Standards & Procedures Section I. Introduction and Purpose of Development Plan North Newport Center Planned Community Development Plan 10 November 10, 2015 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 for Blocks 500, 600, San Joaquin Plaza, and Fashion Island is the version of the Code in effect on 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). The Municipal Code referred to herein for Blocks 100, 400 and 800 is the version of the Code in effect on June 5, 2012 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. PA2019-073 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 11 November 10, 2015 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 Community Development 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. Table 1 - North Newport Center Land Use Regulation Table Uses Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Commercial Office Residential Banks/Savings and Loans P P P P P P -- P - With drive through services MUP MUP MUP MUP MUP MUP -- MUP Business, Government and Professional -- P P P P P -- P - Emergency Healthcare -- P1 P P P P -- P - Management and Leasing Offices P P P P P P -- P - Office, Medical and Dental -- P P P P P -- P - Public Safety Facilities P MUP MUP P P MUP -- P Commercial Recreation and Entertainment P UP UP MUP MUP UP -- MUP Cultural and Institutional UP UP UP P P UP -- P Day Care P P P P P P -- P Day Spas MUP MUP2 MUP2 MUP MUP MUP2 -- MUP Eating and Drinking Establishments P* MUP MUP P** P** MUP -- P** - Bars/Cocktail Lounges MUP UP UP UP UP UP -- UP Personal Improvement MUP MUP MUP P P MUP -- P - Health/Fitness Clubs MUP P P P P P P+ P Personal Services P P1 P1 P P P1 P P Residential -- -- -- P P -- P P Retail Sales P P1 P1 P P P1 P+ P - Animal Sales and Services MUP -- -- MUP MUP -- -- MUP - Medical Retail P P++ P++ P P P++ -- P Visitor Accommodations UP UP UP UP UP UP -- UP P = Permitted UP = Use Permit MUP = Minor use Permit Issued by the Zoning Administrator 1 = Permitted as Accessory/Ancillary Use 2 = In accordance with Chapter 20.87 of the Municipal Code * = A Minor Use Permit Issued by the Zoning Administrator is required for the sale of alcohol ** = A Use Permit is required for the Sale of Alcohol + = Intended for Residential Support Use ++ = Accessory and ancillary medical retail, including those in freestanding structures, shall remain subordinate to principal uses -- = Not Permitted PA2019-073 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 12 November 10, 2015 2. Open Space Corners The passive landscape areas on the following corners shall be limited to landscaping, and permitted signage. San Joaquin Hills Road and Avocado, Avocado and San Nicolas Dr. (northwest and southwest corners), Avocado and San Miguel (northwest), San Joaquin Hills Road and Santa Rosa Dr. (southwest and southeast), San Joaquin Hills Road and Santa Cruz Dr. (southwest and southeast corners), San Joaquin Hills Road and Jamboree Road and San Joaquin Hills Road and MacArthur Boulevard. 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 uses, and support uses are permitted and are not counted towards square footage development limits. Table 2 – Development Limits (A) Land Use Fashion Island Block 100 Block 400 Block 500 Block 600 Block 800 San Joaquin Plaza Total Regional Commercial 1,523,416 sq.ft. 0 0 0 0 0 0 1,523,416 sq.ft. Movie Theater 680 seats 11,000 sq.ft. 0 0 0 0 0 0 680 seats 11,000 sq.ft. Hotel (B) 0 0 0 295 0 0 295 Residential 0 0 0 0 0 245 524 769 Office/ Commercial 0 121,114 sq.ft. (C) 91,727 sq.ft. 623,525 sq.ft. (D) 1,353,399 sq.ft. 286,166 sq.ft. 95,550 sq.ft. 2,571,481 sq.ft. A. Square footage indicated in Table 2 may not reflect current development limits because of the transfer of development rights provision described in Sections II.C and IV.C herein. Transfers may result in increased or decreased development limits, so long as the transfers are consistent with the General Plan and do not result in greater intensity than allowed in the Newport Center statistical area. A transfer of development rights must be approved by the City Council and is recorded on the City's Tracking Development Rights table for North Newport Center Planned Community. B. Hotel rooms are permitted in Fashion Island through the transfer of development rights. C. The maximum development for Block 100 may not exceed 121,114 square feet. Transfers of development rights shall be permitted, provided the maximum development limit of 121,114 square feet is not exceeded. D. The development limit for Block 500 reflects the boundary adjustment and incorporation of two existing 12,000 sq. ft. office buildings into North Newport Center Planned Community. PA2019-073 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 13 November 10, 2015 1. Fashion Island The total gross floor area for Fashion Island is 1,523,416 square feet plus 680 movie theater seats. The movie theater building area is equivalent to and may be converted to 11,000 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. 2. Mixed-Use Sub-Areas The Mixed-Use blocks include Block 500, Block 600 and San Joaquin Plaza. Up to 524 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 the commercial office blocks is specified in Table 2 above. 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 Residential The maximum number of dwelling units for multi-family residential use shall not exceed 245. 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. PA2019-073 Land Uses, Development Standards & Procedures Section II. Land Use and Development Regulations North Newport Center Planned Community Development Plan 14 November 10, 2015 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 15 November 10, 2015 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. Rooftop appurtenances and architectural features are permitted and may exceed the maximum building height by up to 10 feet. Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. Architectural features must be an extension of the architectural style of the building in terms of materials, design and color. 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 feet Mall buildings 75 feet Parking structures 55 feet Periphery buildings 40 feet 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 within the residential portion shall be 200 feet as measured from finished grade. The maximum height of all structures within the commercial office portion shall be 125 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 PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 16 November 10, 2015 approval imposed or recommended by the FAA. Subsequent to the FAA findings, the 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 Community Development Director and the Community Development 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 shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). Rooftop appurtenances must be screened from view; the height of rooftop appurtenances shall not exceed the height of the screening. Supports for window washing equipment are permitted, and are not required to be screened from view. No setbacks are required. The Community Development 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 style of the building in terms of materials, design and color. Architectural features shall demonstrate compliance with conditions related to the AELUP for the John Wayne Airport, consistent with Section III(A)(2)(a). The Community Development Director shall notify the Planning Commission and City Council if architectural features above the height limit are approved, consistent with Section IV(A)(3). 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, unless otherwise specified. This is not intended to apply to interior lot lines or property lines. PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 17 November 10, 2015 Fashion Island Newport Center Dr.: 10 feet; may be reduced to 0 feet by the Community Development Director through the plan review process. Block 100 Newport Center Dr.: 15 feet Anacapa Dr.: 15 feet Civic Center Dr.: 15 feet Block 400 Newport Center Dr.: 15 feet San Nicolas Dr.: 15 feet Block 500 Newport Center Dr.: 15 feet Santa Rosa Dr.: 15 feet San Joaquin Hills: 15 feet San Nicolas: 15 feet Block 600 Newport Center Dr.: 15 feet Santa Cruz Dr.: 15 feet San Simeon: 15 feet – setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process San Joaquin Hills: 15 feet – setbacks for parking structure access points may be reduced by the Community Development Director through the plan review process Santa Rosa Dr.: 15 feet Center Dr. (e/w): 0 feet Center Dr. (n/s): 0 feet Block 800 Newport Center Dr.: 15 feet Commercial office buildings shall be set back 15 feet from Block 800 residential Commercial office parking lots and parking structures shall be set back 5 feet from Block 800 residential Santa Barbara Dr.: 15 feet San Clemente Dr.: 15 feet Santa Maria Road: 0 feet San Joaquin Plaza San Joaquin Hills: 15 feet Santa Cruz Dr.: 15 feet San Clemente: 15 feet Santa Barbara Dr.: 15 feet PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 18 November 10, 2015 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. Kiosks and sundry shops serving tenants, including accessory, ancillary and support uses less than 5 percent of the gross floor area, are not counted as square footage and do not require parking. Parking management or engineering offices located in parking structures are counted as square footage and require 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 feet 1 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 Shared parking among and between sites, lots, blocks, and sub-areas is allowed. Parking for Block 800 Residential shall be provided at 2 parking spaces per unit including 1 covered; plus 0.5 spaces per unit for guest parking. 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. PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 19 November 10, 2015 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 average 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 Community Development 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 Community Development 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 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. PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 20 November 10, 2015 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 Maximum Sign Size Maximum Letter/ Logo Height Shopping Center Identification Sign Each vehicle entry drive location 2 per entry drive (one on each side) 100 square feet 10 feet high 9 feet Major Tenant Sign Exterior walls or parapets of buildings 1 sign per building elevation (maximum 4 signs for each major tenant) Determined by name of tenant; letter/logo height not to exceed 10 feet 10 feet Freestanding Commercial Exterior walls or parapets of buildings 1 sign per building elevation (maximum 4 signs for each building or structure) Determined by name of tenant; letter/logo height not to exceed 3 feet 3 feet Monument 1 per building 50 square feet 5 feet high 4.5 feet Tenant Sign Exterior elevations of shopping center and parking structures facing Newport Center Dr. 1 sign per tenant, per building elevation 1 square foot per each lineal foot of storefront (not to exceed 100 square feet) 10 feet Theater Signs Facing Newport Center Dr. (exterior wall or parapet of building which theater occupies, free standing, or on adjacent parking structure) 2 300 square feet 20 feet high Theater name: 5 feet Each show title: 3 feet high 15 feet wide Store Address Each entry to store 1 per store entry 6 square feet 12 inches Entry Marker Signs To be approved by Community Development Director 7 signs 36 square feet (with 2- foot overhang) 15 feet high 2 feet 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. The location of signs specified below may be changed subject to the review of the City Traffic Engineer to ensure adequate sight distance in accordance with the provisions of the Municipal Code, so long as the total number of signs in not increased. PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 21 November 10, 2015 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 Dr., which have their primary address numbers on the cubes along Newport Center Dr. 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 Maximum Number of Signs Maximum Sign Size Maximum Letter/ Logo Height A Large cube or blade sign located at entries to Newport Center Santa Rosa Dr. at San Joaquin Hills Rd. 2 (1 per corner) 15 feet high 15 feet wide 24 inches Santa Cruz Dr. at San Joaquin Hills Rd. 2 (1 per corner) 15 feet high 15 feet wide 24 inches Block 500: San Joaquin Hills Rd. at Avocado Ave. 4 15 feet high 15 feet wide 24 inches San Nicolas Dr. at Avocado Ave. MacArthur Blvd. at San Joaquin Hills Rd. San Joaquin Plaza: Jamboree Rd. at San Joaquin Hills Rd. 1 15 feet high 15 feet wide 24 inches B Small cube located along Newport Center Dr. San Nicolas Dr. at Newport Center Dr. 2 (1 per corner) 5 feet high 5 feet wide 5 inches Newport Center Dr. and Santa Rosa Dr. 2 (1 per corner) 5 feet high 5 feet wide 5 inches Block 600: Along Newport Center Dr. 5 5 feet high 5 feet wide 5 inches Block 800: Newport Center Dr. at Santa Maria Rd. 2 5 feet high 5 feet wide 5 inches Newport Center Dr. at Santa Barbara Dr. C Other Freestanding Signs Block 100 1 per frontage 5 feet high 10 feet wide 10 inches Block 400: Avocado Ave. at San Miguel Dr. 2 5 feet high 13 inches Along San Nicolas Dr. 1 6 feet wide 13 inches Between 500 and 550 Newport Center Dr. 1 4 feet high 12 feet wide 18 inches Block 600: Along Santa Cruz Dr. 2 7 feet high 22 feet wide 18 inches Block 800: Along Newport Center Dr. 2 6 feet high 10 feet wide 8 inches Along Santa Barbara Dr. 1 4 feet high 6 feet wide 5 inches/ 24 inches Santa Cruz Dr. at Newport Center Dr. 1 15 feet high 15 feet wide 24 inches PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 22 November 10, 2015 Sign Type Description Location Maximum Number of Signs Maximum Sign Size Maximum Letter/ Logo Height San Joaquin Plaza: Along San Joaquin Hills Rd. 1 each (3 signs along San Clemente Dr.) 6 feet high 12 feet wide 5½ inches for Tenant ID; 18 inches for Project ID Along Santa Cruz Dr. Along San Clemente Dr. San Clemente Dr. at Santa Cruz Dr. 1 5 feet high 12 feet wide 18 inches San Clemente Dr. at Santa Barbara Dr. 1 5 feet high 16 feet wide 18 inches D Signs mounted on landscape walls (includes ground mounted signs in front of landscaping and landscape walls) Block 400: Facing Newport Center Dr. 1 Determined by name of tenant; letter/logo height not to exceed 18 inches 18 inches Block 500: Facing Newport Center Dr. 4 Determined by name of tenant; letter/logo height not to exceed 26 inches 26 inches Block 600: Facing streets 3 facing San Joaquin Hills; 5 facing Newport Center Dr.; 1 facing Santa Rosa Dr. Determined by name of tenant; letter/logo height not to exceed 18 inches 18 inches Block 800: At San Clemente Dr. project entry 2 Determined by name of tenant; letter/logo height not to exceed 36 inches 36 inches Block 800: San Clemente Dr. at Santa Barbara Dr. 1 Determined by name of tenant; letter/logo height not to exceed 36 inches 36 inches Block 800 Along Newport Center Dr. 1 Determined by name of tenant; letter/logo height not to exceed 40 inches 40 inches E Building Sign On building elevation, awning or parking structure 2 per Primary Tenant 1 per Secondary Tenant 3 for restaurants Determined by name of tenant; letter/logo height not to exceed: Primary: 24 inches, Secondary: 16 inches Restaurant: 40 inches Primary Tenant: 24 inches Secondary Tenant: 16 inches Restaurant: 40 inches F Building Address On building elevation 1 each (additional address signs may be located where appropriate for on- site orientation) 24 inches high 24 inches G Freestanding Building Address Santa Rosa Dr. at Newport Center Dr. 1 each 8 feet high 6 feet wide 18 inches Santa Nicolas Dr. at Newport Center Dr. Santa Cruz Dr. at Newport Center Dr. San Joaquin Hills Rd. 2 8 feet high 6 feet wide 28 inches PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 23 November 10, 2015 Sign Type Description Location Maximum Number of Signs Maximum Sign Size Maximum Letter/ Logo Height H Advisory Signs Parking lots and entries to parking lots As appropriate for safety and orientation 6 feet high As required by Fire Department or Building Code for safety purposes I Drive Through Signs Drive throughs 1 per tenant per elevation, up to 2 on walls of structure 8 feet wide 15 inches J Apartment Leasing Signs Block 800 1 per frontage 5 feet high by 3 feet wide panel on post 24 inches K Office Leasing Signs Blocks 100, 400, 500, 600, 800 and San Joaquin Plaza 1 per frontage 4.5 feet high by 5 feet wide 7 inches 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 development 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 corner 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. PA2019-073 Land Uses, Development Standards & Procedures Section III. Site Development Standards North Newport Center Planned Community Development Plan 24 November 10, 2015 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 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% 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. PA2019-073 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 25 November 10, 2015 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 Community Development 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 Community Development 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 Community Development Director deems necessary for a clear representation of the projects j. Shade analysis if required k. Open Space Plans for residential projects PA2019-073 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 26 November 10, 2015 3. Review and Action Submittals shall be reviewed by the Community Development Director, and the Community Development 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 Community Development Director shall notify the Planning Commission and City Council if deviations from the height limit are approved. The Community Development 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 Community Development 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 Community Development 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 16.1765 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 Community Development Director. 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 PA2019-073 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 27 November 10, 2015 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. PA2019-073 Land Uses, Development Standards & Procedures Section IV. Planned Community Development Plan Administration North Newport Center Planned Community Development Plan 28 November 10, 2015 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 29 November 10, 2015 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 visually prominent or formally significant element of a building which expressed its architectural language and style in a complementary fashion. Architectural features should be logical extensions of the massing, details, materials and color of the building which complement and celebrate its overall aesthetic character. 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 34. 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. PA2019-073 Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 30 November 10, 2015 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: - 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 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. 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. PA2019-073 Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 31 November 10, 2015 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 Zoning Administrator. 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 Dr. 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. 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. PA2019-073 Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 32 November 10, 2015 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 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 34. Secondary Tenant: A small tenant; not the primary tenant of an office building. PA2019-073 Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 33 November 10, 2015 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: A corridor limited to access for building supply and maintenance personnel and equipment including horizontal and vertical tunnels and shafts, and freight elevators, not intended for customer circulation or access, and not for use as storage or office space. 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 designed, oriented, and intended to primarily serve building, block, and proximate sub-area occupants and users. 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. PA2019-073 Land Uses, Development Standards & Procedures Section V. Definitions North Newport Center Planned Community Development Plan 34 November 10, 2015 Graphic 1, Example of Building Height and Rooftop Appurtenances MECHANICAL PENTHOUSE ELEVATOR OVERUN ~--~----------- 1 _ ....:;-_____ TOP OF PARAPET --------~F_OF LA~T OCG_UPIED SPACE I- I C) UJ I C) z 0 ....J :::i co ~~=~=~:~;t=====~===r__,.,...T....., ____ FINISH GRADE = I ~ NOTE : In no instance shall any part of the building , including rooftop appurtenances or architectural features, penetrate the FAA (Part 77) imaginary obstruction surface for John Wayne Airport. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 NORTH NEWPORT CENTER DESIGN REGULATIONS PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 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 .................................................................................................................. 8 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 ......................................................................................................... 16 4. Internal Landscape ............................................................................................................... 16 C. Circulation ...................................................................................................................................... 17 1. Streets and Pedestrian Activity ............................................................................................ 17 2. Service and Emergency ........................................................................................................ 20 3. Parking Lots ......................................................................................................................... 21 D. Orientation and Identity .................................................................................................................. 22 1. Gateways and Entrances ...................................................................................................... 22 2. View Corridors ..................................................................................................................... 23 3. Landmarks ............................................................................................................................ 24 4. Signage ................................................................................................................................. 25 5. Lighting ................................................................................................................................ 32 PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations November 10, 2015 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 1 November 10, 2015 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 defined 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) PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 2 November 10, 2015 Early Newport Center Planning Diagrams and Sketches (circa 1960) The design regulations provide standards that govern future development so that, to the extent feasible, the initial design framework is carried forward and the design and development policies from the Land Use Element of the General Plan are implemented. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 3 November 10, 2015 General Plan Policies Newport Center 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 Dr., 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 Dr. 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 of residential 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 frontages but integrate landscape into interior courtyards and common open spaces PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 4 November 10, 2015 • 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. 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 PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 5 November 10, 2015 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. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 6 November 10, 2015 [this page intentionally blank] PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 7 November 10, 2015 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. Pedestrian promenade at Pedestrian courtyard at Building interface at Fashion Island 550 Newport Center Dr. San Joaquin Plaza PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 8 November 10, 2015 b. In 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 developing 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 resident open space Example of office courtyard 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. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 9 November 10, 2015 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 the street. The height of rooftop appurtenances shall not exceed the height of the screening. 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. Avoid 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. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 10 November 10, 2015 Example of appropriate high-rise Example of straight forward geometry and architecture expression of floor levels Examples of classically inspired architecture Example of appropriate low-rise form Example of retail storefront visibility to pedestrians PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 11 November 10, 2015 Example of architectural feature Example of architectural feature Example of building height measurement on sloping terrain (Not to Scale) MECHAN ICAL PENTHOUSE ELEVATOR OVERUN ROO F O F LAST OCCUPIED SPAC E PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 12 November 10, 2015 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 of appropriate 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 Dr. 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. h. Vehicular entries for non-residential parking structures should be obvious and inviting. •;• •\I C ~; .-· _J~ :·:. -~11_.;' f ·'jQ,. ,, ·, 1 ~ ,\; F . ·r [ : r , , ,; .. L . ~ -', J ~ ., , .I j. • . f-I. .. -· . r· ~~! ' ··. ,·· ~ -~\ j J· ' '' .· fl • •"\_ . ' . . -.. ' H ..... . '.. . . .• _-__ .· 1' .JIIIJ .. ·-. ? - PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 13 November 10, 2015 i. 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 West parking structure at Fashion Island rectangular form and vines to soften visual demonstrating rectangular form and varied impact landscape to soften visual impact B. Landscape Intent 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. 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. Ir ':' .,, ''•/ .; . J I ~-• • ~ •·• I ' .. -, .. -~ ------~ -• PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 14 November 10, 2015 Example of appropriate landscape variety Example of layering principles complementing the building form Example of vertical and horizontal plant forms 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. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 15 November 10, 2015 Newport Center Dr. landscape variety San Nicolas landscape showing screening of parked cars San Joaquin Hills Road landscape Landscape adjacent to 888 San Clemente parking structure PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 16 November 10, 2015 3. Parking Lot Landscape a. New surface parking lots should have evergreen canopy trees to provide shade. b. A uniform 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. Fashion Island parking lot tree placement San Joaquin Plaza evergreen hedges that screen parked cars 4. Internal Landscape 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. Example of trees adding variety to Example of landscaping creating strong pedestrian experience visual continuity PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 17 November 10, 2015 C. Circulation Intent The intent of the circulation criteria is to ensure that new commercial and residential development enhances existing circulation patterns by maintaining existing, upgrading existing and providing new street and walkway connections. 1. Streets and Pedestrian Activity a. New development should preserve and enhance the existing attractive street scene, promote safe and convenient driving practices, and encourage street level pedestrian activity. 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 Dr. 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 Dr. 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 Example of pedestrian amenities Center Dr. to Fashion Island PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 18 November 10, 2015 Example of pedestrian connectivity to the street Example of the crescent walk design (between 500 and 550 Newport Center Dr.) framework Pedestrian amenities in Fashion Island Example of pedestrian oriented enhancement Pedestrian amenity in Fashion Island Storefront interface with pedestrians Example of a strong pedestrian pathway Fashion Island paseo PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 19 November 10, 2015 "O C ro ui C _Q .c (J) ro LL _g C 0 :g (]) C C 0 (.) C ro ·.:::: 1i5 (]) "O (]) a.. I I PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 20 November 10, 2015 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. Fashion Island loading dock Fashion Island loading dock PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 21 November 10, 2015 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 Well-defined pedestrian walkway in 500/550 680 Newport Center Dr. demonstrating flow Newport Center Dr. parking lot from parking to building Well-defined walkway from Newport Center Dr. into Fashion Island at San Nicolas PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 22 November 10, 2015 D. Orientation and Identity Intent The 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 existing entries and, if entry modifications are required, should integrate with the existing vehicular and pedestrian circulation system. b. Key landscape elements at the “landscape corners” should be retained. San Joaquin Hills Road and Jamboree Road San Joaquin Hills Road and MacArthur San Joaquin Hills Road and Santa Cruz Dr. San Joaquin Hills Road and Santa Cruz Dr. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 23 November 10, 2015 2. View Corridors a. New development should preserve views of major retail tenants in Fashion Island from Newport Center Dr. 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 Fashion Island major tenant visibility Balconies at 888 San Clemente featuring ocean views PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 24 November 10, 2015 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 PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 25 November 10, 2015 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 Business identification sign Directional sign Temporary signs mounted on construction fence • I, J • N -.-•;. ~ "' "~ •• --•,• 0 j •"'l~~l •· r 1 • •. • , , --1, ... ~. •'•"'iJ . ' ·-• " ' . ~ . .,. ~ . "O') ~ .. ·" -::i"' ' ,, - ~~ ··ti;~' SAN JOAQUIN PLAZA till~"'-"" __ ~ , SAN JOAQUIN /P PlAZA .. l11 ◄+1 -♦2-5 ff! ... PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 26 November 10, 2015 Sign A – Large Cube or Blade Sign (existing signs as of June 2015) A2 A3 A4 A5 A1 A6 A8 A7 0 .s [ c:Joj I j • U,J ., X Ou, : 0 l an PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 27 November 10, 2015 Sign B – Small Cube (existing signs as of June 2015) B1 B2 B3 B4 B5 B8 B6 B9 B7 PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 28 November 10, 2015 Sign C - Freestanding Signs (existing signs as of June 2015) C3 C8 C9 C10 C2 C15 C1 C14 C20 C13 C21 C17 C12 C11 PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 29 November 10, 2015 Sign D – Landscape Walls (existing signs as of June 2015) D4 D5 location D6 location D8 D3 D9 D2 D11 D1 D11 D14 D12 D11 ~ • ... _;.~~--•.•~1-·-fl ll :.·,.:, · OPJ!9o m,/ . < ,-· . . Jt.!t;,.t;:--,N ·:.::·--:::; ,:. -.,.;\' ' ,,, _;:.,., .. ,.~;,1,-,;,, --' :~,: .-::-i·'· :•, . '•._' -, ' PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 30 November 10, 2015 Sign E, F, G, H, I and J – Miscellaneous Signs (existing signs as of June 2015) Sign E – Building Sign* Sign F – Building Address* Sign G – Freestanding Building Address Sign H – Advisory Signs* G1 G2 Sign I – Drive Through Signs (none) Sign J – Apartment Leasing Signs J2 J1 *Photographs of Sign Types E, F, and H are provided for reference purposes. A full inventory of those signs is not provided herein. PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 31 November 10, 2015 Sign K – Office Leasing Signs (existing signs as of June 2015) K5 K7 K9 K4 K11 K12 K10 PA2019-073 Land Uses, Development Standards & Procedures Appendix – Design Regulations North Newport Center Design Regulations 32 November 10, 2015 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. ATM 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 Non-glare producing lights at 888 San Clemente PA2019-073 Tmplt:12/14/11 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov July 26, 2012 Stantec Consulting Services, Inc. 19 Technology Drive, Suite 200 Irvine, CA 92618 Re: Lot Line Adjustment No. LA2012-003 (PA2012-075) 601 and 701 Newport Center Drive 601-701 Newport Center Drive LLA Dear Mr. Holland, It was a pleasure working with you on the 601-701 Newport Center Drive LLA. Please find attached the signed resolution for your project. If you have any questions, please do not hesitate to contact me directly. Thank you and I look forward to working with you again in the future. Sincerely, BW /jsg cc: The Irvine Company LLC 100 Innovation Irvine, CA 92618 Rob Holland 19 Technology Drive, Suite 200 Irvine, CA 92618 PA2019-073 PA2019-073 RESOLUTION NO. ZA2012-029 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING LOT LINE ADJUSTMENT NO. LA2012-003 TO ADJUST THE BOUNDARIES OF PARCELS LOCATED AT 601 and 701 NEWPORT CENTER DRIVE (PA2012-075) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Stantec Consulting Services, Inc., representing the Irvine Company, with respect to properties located at 601 and 701 Newport Center Drive, and legally described as Parcel 5 of Parcel Map No. 86-399 and Parcel 1 of Parcel Map 67/2- 3, respectively, requesting approval of a lot line adjustment. 2. The applicant proposes a lot line adjustment to allow the construction of an addition to the existing Neiman Marcus Department Store. The proposed lot line adjustment will move the interior lot lines to encompass area that lies between the existing buildings. Existing parking drive aisles or traffic circulation within the Fashion Island Regional Shopping Center will not be impacted. The lot line adjustment increases the area of the existing 1.568 acre, 601 Newport Center Drive parcel (Neiman Marcus Department Store) by 0.158 acres to 1.726 acres. The area of the existing 701 Newport Center Drive parcel (Bloomingdales Department Store) is 2.658 acres and the proposed lot line adjustment would decrease the size to 2.5 acres. 3. The subject property is located within the CR (Regional Commercial) Zoning District and the General Plan Land Use Element category is CR (Regional Commercial). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on July 25, 2012 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Lot Line Adjustment has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The project consists of minor alteration in land use limitations in areas with an average slope of less than 20 percent which does not result in any changes in land use or density. The Lot Line Adjustment will not result in the creation of a new parcel. PA2019-073 Zoning Administrator Resolution No. ZA2012-029 Page 2 of 6 SECTION 3. REQUIRED FINDINGS. Lot Line Adjustment In accordance with Section 19.76.020.I of the Newport Beach Municipal Code, the following findings and facts in support of the findings for a lot line adjustment are set forth: Finding A. Approval of the lot line adjustment will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed lot line adjustment is consistent with the legislative intent of Title 19. Facts in Support of Finding 1. The proposal is consistent with the General Plan since the lots are for regional commercial retail and service uses, which are permitted uses in this area. 2. The adjusted lot lines of the subject parcels will not result in a development pattern which is inconsistent with the surrounding neighborhood. 3. Public improvements will be required of the Applicant per the Municipal Code and the Subdivision Map Act. 4. The proposed lot line adjustment is consistent with the purpose identified by Title 19. The subdivision is consistent with the General Plan, does not affect open space areas in the City, does not negatively impact surrounding land owners, lot purchasers, or residents, provides for orderly controlled growth within the City, provides adequate traffic circulation and utilities, will not negatively affect property values. B. The number of parcels resulting from the lot line adjustment remains the same as before the lot line adjustment. Finding Facts in Support of Finding 1. The project site described in the proposal consists of legal building sites including Parcel 5 of Parcel Map No. 86-399 and Parcel 1 of Parcel Map 67/2-3. The proposed lot line adjustment will move the interior lot lines between two legal lots. 2. The 0.158 acres taken from Parcel 5 of Parcel Map No. 86-399 will be added to Parcel 1 of Parcel Map 67/2-3 and no additional parcels will result from the lot line adjustment. PA2019-073 Zoning Administrator Resolution No. ZA2012-029 Page 3 of 6 Finding C. The lot line adjustment is consistent with applicable zoning regulations except that nothing herein shall prohibit the approval of a lot line adjustment as long as none of the resultant parcels is more nonconforming as to width, depth, and area than the parcels that existing prior to the lot line adjustment. Facts in Support of Finding 1. The proposed lot widths and lot sizes are consistent with the zoning requirements of Title 20 of the Newport Beach Municipal Code. 2. The parcels proposed to be created by the lot line adjustment comply with all applicable zoning regulations and there will be no change in allowed land uses, density, or intensity on the properties. 3. The existing and proposed development on the parcels will comply with the Zoning Code development standards. Finding D. Neither the lots as adjusted nor adjoining parcels will be deprived of legal access as a result of the lot line adjustment. Facts in Support of Finding 1. Adequate access to all of the reconfigured parcels is provided within the Fashion Island Regional Shopping Center. 2. That the design of the development will not conflict with any easements acquired by the public at large for access through or use of property within the proposed development. Finding E. That the final configuration of the parcels involved will not result in the loss of direct vehicular access from an adjacent alley for any of the parcels that are included in the lot line adjustment. Facts in Support of Finding 1. The final configuration of the parcels involved will not result in the loss of direct vehicular access from any street for any parcels included in the lot line adjustment. There are no alleys located within or near the subject parcels. PA2019-073 Zoning Administrator Resolution No. ZA2012-029 Page 4 of 6 Finding F. That the final configuration of a reoriented lot does not result in any reduction of the street side setbacks as currently exist adjacent to a front yard of any adjacent key, unless such reduction is accomplished through a zone change to establish appropriate street side setbacks for the reoriented lot. The Planning Commission and City Council in approving the zone change application shall determine that the street side setbacks are appropriate, and are consistent and compatible with the surrounding pattern of development and existing adjacent setbacks. Facts in Support of Finding 1. The final configuration of the parcels does not result in a requirement for revised setbacks since the lots are not proposed to be reoriented. The setbacks shall continue to apply to the realigned parcels per the Zoning Code development regulations in the same way that they did to the previous parcel configuration; therefore the lot line adjustment does not result in the reduction of any existing street side setbacks. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Lot Line Adjustment No. LA2012-003 subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2. This action shall become final and effective ten (10) days after the adoption of this Resolution unless within such time an appeal is filed with the Director of Community Development in accordance with the provisions of Title 19 Subdivision Code, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 25th DAY OF JULY, 2012. By: PA2019-073 Zoning Administrator Resolution No. ZA2012-029 Page 5 of 6 EXHIBIT “A” PROCEDURAL REQUIREMENTS 1. Lot Line Adjustment No. LA2012-003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.54.060 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 4. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 5. Property corners shall be monumented by a licensed Land Surveyor or registered Civil Engineer authorized to perform surveying by the State Board of Civil Engineers and Land Surveyors (Pre-1982 with numbers prior to 33,966). Surveyor or Civil Engineer to submit a “Corner Record” or “Record of Survey” to the County Surveyor. 6. All applicable Public Works Department plan check fees shall be paid prior to review of the lot line adjustment and grant deeds. 7. Prior to recordation of the lot line adjustment, grant deeds indicating the changes in titles of ownership should be submitted to the Public Works Department for review and approval. 8. The lot line adjustment and grant deeds reviewed and approved by the Public Works Department should be filed concurrently with the County Recorder and County Assessor’s Offices. 9. No building permits may be issued until the appeal period has expired, unless otherwise approved by the Planning Division. 10. All improvements shall be constructed as required by Ordinance and the Public Works Department. 11. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless 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 PA2019-073 Zoning Administrator Resolution No. ZA2012-029 Page 6 of 6 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 City’s approval of 601-701 Newport Center LLA including, but not limited to, Lot Line Adjustment No. LA2012-003 (PA2012-075). 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, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. PA2019-073 • • FILE COPY RESOLUTION NO. 1621 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003-039 FOR PROPERTY LOCATED AT 601 NEWPORT CENTER DRIVE (PA2003-229) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by The Neiman-Marcus Group, Inc., requesting an approval of a Use Permit, pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license for the premises from Type 41 (On- Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant} with the proposed license, will be replacing the closed restaurant (Zodiac Restaurant} that has a Type 41 License. Section 2. A public hearing was held on November 20, 2003, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both--written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The proposed location of the alcoholic sales establishment needing this Use Permit, and the proposed conditions under which it would be operated or maintained, is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. The use permit pertains to the on-site consumption of alcoholic beverages in conjunction with a restaurant to be operated within a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. The applicant does not propose a use that would change the operational characteristics of the site that would result in additional parking demand. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation or conversion of the use to a bar, nightclub or commercial recreational use would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance} for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a full-service, fine dining restaurant that is PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page 2 of 5 complementary to the department store and the surrounding uses within Fashion Island. Alcohol service is typical and expected by the public in a full- service, fine dining restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. c. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County-wide data. d. The percentage of alcohol-related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Accessory on-site consumption of alcoholic beverages is not expected to increase alcoholic related crime. r e. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003-039, subject to the Conditions set forth in Exhibit "A." Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBER 2003. Earl McDaniel, Chairman Michael Toerge, Secretary AYES: Eaton. Cole. Toerge. McDaniel. Selich Kiser and Tucker NOES: ____ __,_N""'o"'"n""e'---- PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page 3 of5 EXHIBIT"A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003-039 1. The development shall be in substantial conformance with the approved floor plan dated March 01, 2002. 2. Use Permit No. 2003-039 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport -Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be cleared through the Building Department. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size is required in association with food preparation activities. 4. Hours of operation shall coincide with Neiman-Marcus. 5. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach within sixty (60) days upon hiring. 6. No live entertainment shall be permitted on the premises without the approval of a live entertainment permit. 7. That any change. in operational characteristics, hours of operation, expansion in area,. or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page4 of5 causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This Use Permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 12. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 13. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 15. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for full alcohol service for on-site consumption only, and only in conjunction with the service of food as the principal use of the facility. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 16. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 17. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 18. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 19. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page 5 of 5 20. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of Between the hours of 7:00AM and 10:00PM and 10:00PM 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 21. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 22. No "happy hour'' type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 23. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 25. There shall be no dancing allowed on the premises without an approval of an amendment to this Use Permit and the issue of a Cafe Dance Permit. 26. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass-out window is prohibited. PA2019-073 • -~- CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director NOTICE OF FINAL APPROVAL FILE COPY DATE: January 23, 2004 TO: Michael Cho, Esquire FROM: Planning Director SUBJECT: Use Permit No. 2003-039 Please be advised that Use Permit No. 2003-039 (PA2003-229) was approved by the Planning Commission at its meeting of November 20, 2003, and became effective December 4, 2003. A copy of the resolution with findings and conditions is enclosed. Any deviation from the application(s) and plans on file in the Planning Department may require an amendment to the application(s) mentioned above for the project. Applicant: Mariposa Restaurant at Neiman-Marcus (PA2003-229) Location: 601 Newport Center Drive Description: Request the approval of a Use Permit to upgrade the existing alcoholic beverage license for Neiman-Marcus from a Type 41 (On-Sale Beer and Wine Eating Place) to a Type 47 (On-Sale General Eating Place) License. Should you have any questions, please contact our office at (949) 644-3219. Very truly yours, PLANNING DEPARTMENT Patricia L!,T~mple, Director By ,¼Jc,,, J~ fling Varin Executive Secretary Planning Commission Enclosure: i Approved Resolution with Findings and Conditions of Approval □ Approved Planning Commission minutes with Final Findings and Conditions of Approval cc: Property Owner (if not applicant) Gvarin\PlanComm\ntcefftpc.doc 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 PA2019-073 ... Planning Commission Minutes 11/20/2003 • • \,_ • If we were to change these regulations and allow more signage and \ with significant amount of square footage, then we should do it by th \way of a modification to the Sign Code and in this case a PC Distri ~~ulations and not piece meal. ,, . • For ese reasons, I believe we should vote to reverse the decision o the M ifications Committee and not allow the additional sign. omm1ss1oner cker noted his support of the Modifications Committee. he staff report s s that the committee believed the request for the fifth ign is rational give hat that the Conexant tower has five facades and tha he 387 square foot s e on the proposed fifth sign is appropriate given the ize and scale of the b ing and it is consistent with the existing Conexan ignage. I don't have th sense this was an erroneous decision. I don' have a problem with the de ·sion. Public hearing was opened. Public hearing was closed. Commissioner Eaton noted his s'tipport of Commissioner Kiser's omments. He suggested that he w't\uld advise the Conexant and Mindspeed to look at the placement of the>~xisting signs and possibly re istribute them. Two of them are not provid~d enough visibility and could et more if moved. I don't believe the applicarit~eeds five signs. ·, Commissioner Selich noted his support of the Modifications Committee ec1s1on. The size of the property and size of the buil_dings, the Committee ade some good statements in support of their decisiofl. hairperson McDaniel noted his support of co~~p~~ made b ommissioner Eaton. I am not sure the signs are placed ~. as they are blocked by some of the trees. I support reversing the de ·sion of the Modifications Committee. otion was made by Commissioner Kiser to reverse the decisio f th Modifications Committee and deny the request if Modification Perm No. 003-097 based on the findings for denial attached to the staff report. taff, at Commission inquiry, noted that if Conexant moved out of the uilding and another tenant moved in with different copy that was onsistent with the size, they would have right to these sign locations. Ayes: Eaton, Toerge, McDaniel and Kiser Noes: Cole, Selich and Tucker Absent: None Abstain: None ••• UBJECT: Mariposa Restaurant at Neiman-Marcus (PA2003-229) 601 Newport Center Drive Request for a Use Permit pursuant to the Alcoholic Beverage Outle file://H:\Plancomm\2003PC\1120.htm Page 3 of 15 ITEM NO. 3 PA2003-229 Approved 01/23/2004 PA2019-073 Planning Commission Minutes 11/20/2003 • • Ordinance (ABO), to upgrade the existing license for the premises from ype 41 (On-Sale Beer and Wine Eating Place) to Type 47 (On-Sale eneral Eating Place) License. The new restaurant (Mariposa) with the proposed license, will replace the existing restaurant (Zodiac) which urrently operates with a Type 41 License. Ms. Rosalinh Ung, Associate Planner, noted the following: • Copies of the menu were distributed to the Commissioners. • The applicant has presented renderings of the interior of the ne restaurant for review. • The applicant has requested changes to two conditions; condition 5 training only be required for the bar and restaurant managers or lead server (supervisory staff only); condition 15 -the restaurant is planning on offering gift baskets that would include bottled wine/champagne, so they ask that the restriction be eliminated for the sale for off-site consumption of alcoholic beverages. • Staff supports the change on condition 15; however, the Poli Department is concerned with the requested change to condition and staff seeks your direction. ommissioner Kiser noted that condition 5 has always included everyon ho is associated with the restaurant to have this training. Have we eve eparated this out on other applications? Ms. Temple noted that the training can be arranged on site at times when II the employees are present. There is a process to make it as easy as ossible, but it does require when there is significant turnover in staff tha ither individuals be trained or a new training session be scheduled. ommissioner Kiser asked if this would change the type license from type 7. If the Commission wanted to, could we limit this off-site to gift baske ales only? Ms. Ung, answered no. Type 47 gives the applicant the ability to do that. he on site is our condition. Staff noted that Condition 5 refers to owners, managers and employee elling alcoholic beverages would have to do the training; just th restaurant employees. Mr. Michael Cho, attorney representing the applicant, noted the following: • This is an upgraded license from a Type 41 that the previous restaurant currently has on site which is being replaced. • The new restaurant with beer/wine and distilled spirits service will file://H:\Plancomm\2003PC\l 120.htm Page 4 of 15 01/23/2004 PA2019-073 Planning Commission Minutes 11/20/2003 • • replace the old one. This new type of restaurant is consistent with other restaurant services that are within other Neiman Marcus stores. The department store owns and operates the venue, the employees are Neiman Marcus. • The reason we have asked that the supervisory and managerial personnel only go through this training is that in the food servic industry, there tends to be quite a bit of turnover. The restaurant will have up to 20 employees working in the restaurant. • Under the language of the condition, when we hire someone, the must go through the training. If that training is not available until 30 days from date of hire, that person would not be able to bring a glas of wine to a table. That is burdensome due to costs involved. Going through private training costs is $250 per employee, the State ABC does offer it once a month free of charge, but that is only once a month. • Neiman Marcus has their own internal training for employees. B having those supervisory and management personnel go through the certification process, then they can impart that information to othe employees as they come on board We feel this would provide the applicant the flexibility they need to operate and also provide appropriate assurances to the City that the people are properl trained. • The training is important but to have all the employees go through that process prior to being able to serve becomes a burden. • Condition 15 -a Type 41 or 47 allows the licensee the privilege for o sale of just beer and wine only, there is no distilled spirits. • The sales of gift baskets during the holiday season or by special request of customers is envisioned. By removing the one sentence, that the sale for off-site consumption of alcoholic beverages is prohibited, would allow Neiman Marcus the flexibility of having off sit sales. t Commission inquiry, he added this type of change had been granted ased on the type of operation that is being proposed, i.e., larger sports heme restaurants. This condition is relatively normal, and most of th larger companies that operate this type of businesses have an in-hous program that addresses that. Typically I will verify the training. We are no pposed to having training, it is trying to develop a condition that allows Neiman Marcus to operate efficiently as part of that training. If you can jus dd language in there that all these owners, managers, employees serving lcohol have that training completed within 60 days of hire, would allow th exibility if the employee doesn't work out and stay for a short time. Ms. Clauson noted that this is a provision in the City Ordinance. It is an file://H:\Plancomm\2003PC\l 120.htm Page 5 ofl5 01/23/2004 PA2019-073 Planning Commission Minutes 11/20/2003 • • perational requirement of businesses issued a use permit under this provision. It would be appropriate to modify if the Commission wanted with 60 day time period to get the training. Public comment was opened. Public comment was closed. otion was made by Commissioner Tucker approve Use Permit No. 2003- 39 to allow an eating and drinking establishment within Neiman-Marcus to perate under a Type 47 (On-Sale General Eating Place) License, subject o the findings and conditions of approval attached with modification to ndition 5, to insert the words at the end of the sentence, . .'within 60 days becoming an employee of the applicant'. Also on condition 15, elete the sentence, 'The sale for off-site consumption of alcoholic beverages is prohibited.' I don't have a fear that Neiman-Marcus selling out f their restaurant will turn into a liquor store type of problem. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None ••• JECT: Landmark Buildings 707 East Balboa Boulevard -... , ., Request for~.General Plan Amendment to the Land Use Element of th eneral Plan and Local Coastal Program to change the intensity limit fo 07 East Balboa 'i:3Qulevard from a floor area ratio to one based on th umber of seats and 'a--Code Amendment to Title 20 of the Municipal Cod ,. o add a specific height linift~~n for landmark buildings. ,,,,, ,, Dan Trimble, Program Administr'atQr gave an overview of the staff report, noting that the Code Amendment,~ould specify a maximum heigh limitation that would only apply to the Lanomark Buildings. The reason fo his flexibility is tied to the renovations thal•,,would be needed, specificall levators and ADA regulations. He concluded'wJ.th the recommendation t dopt the resolution and three attachments, the Geqeral Plan Amendment, he Local Coastal Program Amendment and the Zone,,,_Code Amendment. he supplemental staff report has the findings that woulcl'gp along with the Use permit. He then noted two corrections to the resolution;'W1 extra word nd reference to 50 feet should read 55 feet. · "-. ' ommissioner Toerge asked for the current height of the four lan~r buildings. Mr. Trimble answered that each of them is under the 55 foot height and th on-conforming status may be at or over the existing height limits. He did ot know the exact height of each building. This item would allow for th xpansion of the building itself to the height limit. file://H:\Plancomrn\2003PC\1120.htm Page 6 of 15 ITEM NO. 4 PA2003-212 Recommended for Approval 01/23/2004 PA2019-073 TO: FROM: SUBJECT: APPLICANT: REQUEST: • • CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT PLANNING COMMISSION Agenda Item No. 3 November 20, 2003 Planning Department Rosalinh Ung, Associate Planner rung@city.newport-beach.ca.us (949) 644-3208 FILE COPY Mariposa Restaurant at Neiman-Marcus Use Permit No. 2003-039 (PA2003-229) 601 Newport Center Drive Michael Cho representing the applicant, The Neiman-Marcus Group, Inc. The applicant is requesting the approval of a Use Permit to upgrade the existing alcoholic beverage I icense for Neiman-Marcus from a Type 41 (On-Sale Beer and Wine Eating Place) to a Type 47 (On-Sale General Eating Place) License. RECOMMENDATION: Staff recommends that the Planning Commission approve Use Permit No. 2003-039, to allow an eating and drinking establishment within Neiman-Marcus to operate under a Type 47 (On-Sale General Eating Place) License, subject to the findings and conditions of approval within the draft resolution. BACKGROUND: On April 20, 1978, the Planning Commission considered and approved Use Permit No. 1863, to allow an eating and drinking establishment, located on the second floor of Neiman-Marcus, to operate with a Type 41 (On-Sale Beer and Wine Eating Place) License. The Zodiac Restaurant has been in operation since the commercial complex opened for business in Fashion Island. The restaurant is now closed, and had 3,250 square feet, no bar area, and a seating arrangement of 84 seats. PA2019-073 700 1111 S Current Develooment: To the north: To the east: To the south: To the west: • Mariposafestaurant (PA2003-229) November 20, 2003 Page 2 of 7 VICINITY MAP WI 701 549 567 579 5~5 ""' 5911 'il!i ~Ji 5-!;-j ;,i;J ~JO 841 '241 271 .. , . ., ""' b5J SJ) 517 525 "1!--5 52S 5.?l ~7 ~';,,7 UI an 957·9'il9?il m ~87991 Ml~ 9a-,;,95! 9'43 ?27 9l3 '51 '11 ,., m W7 601 Newport Center Drive Use Permit No 2003-039 . Neiman Marcus Department Store within Fashion Island Parkinp Lot within Fashion Island and the Four Seasons Hotel ParkinQ Lot within Fashion Island and Office Tower Ill Retail uses within Fashion Island. "' .,, 57"l 599 ,,,, ,.. 56c~ 401 5'15 Bloominodale's Department Store and □arkina lot within Fashion Island. @ --~--·-·--- PA2019-073 • Mariposa fstaurant (PA2003-229) November 20, 2003 Page 3 of 7 As a part of an ongoing interior renovation to the complex, the applicant is proposing to improve and expand the food and beverage services to its clientele by opening a new restaurant, Mariposa Restaurant, on the third floor of the building. The new restaurant is under construction and proposes to serve distilled spirits in addition to beer and wine under a Type 47 License with meal service. DISCUSSION: Site/Project Overview The subject property is located within Fashion Island Shopping Center; a large master planned community and has a zoning designation of PC (Planned Community-District 35). The Neiman-Marcus complex is located at the northerly tip of the shopping center and has approximately 120,000 square feet of gross floor area. Located on the third floor at the northwest corner of the building, Mariposa Restaurant has a total area of 4,490 square feet, which includes: an enclosed patio terrace of approximately 660 square feet; main dining area of approximately 2,065 square feet; a small bar area outside near the restaurant's entrance of approximately 340 square feet; and a kitchen area of approximately 1,425 square feet. The number of employees during peak hours in Mariposa Restaurant would be approximately 20 persons. The restaurant will seat approximately 114 patrons. No live entertainment is proposed. Analysis In accordance with Section 20.89.030A 1.a of the Alcoholic Beverage Ordinance (ABO), a new use permit is required when an alcoholic beverage outlet changes its type of license with the Department of Alcoholic Beverage Control. Therefore, this staff analysis is required in conjunction with the findings and requirements of the ABO. The Use Permit is limited to consideration under the ABO, since eating and drinking establishments are permitted uses in the Fashion Island Planned Community. General Plan The City's General Plan designates the site as Retail and Service Commercial and is allocated 1,603,850 square feet for regional retail and 1,700 theater seats. A record of all floor area is maintained by the City with the assistance of the Irvine Company. The applicant's request is consistent with this designation in that restaurants with the accessory on-site sale of alcoholic beverages is a permitted use within the Retail & Service Commercial land use designation. PA2019-073 • Parking Mariposlestaurant (PA2003-229) November 20, 2003 Page 4 of 7 Parking for the proposed restaurant is within the existing parking facilities for Fashion Island. According to the submitted site plan, Fashion Island shopping complex has an approximately 5,943 parking spaces. The closure of the existing restaurant and the opening of a new restaurant on a different floor within the same facility will not increase the demand for additional on-site parking. Furthermore, the restaurant facility has been and will be an incidental use tot he primary function of retail sales in the store. The primary function of the restaurant is to cater to the people who are already shopping in Neiman-Marcus. Therefore, staff believes the existing parking arrangement for the store will continue to be adequate. Hours of Operation The restaurant will be open seven days a week. The proposed hours of operation are Monday through Saturday, from 11 :00 a.m. to 11 :00 p.m., and Sunday, from 11 :00 a.m. to 10:00 p.m. The restaurant's hours will coincide with the department store's hours. The Police Department has no objections to the hours. Alcoholic Beverage Outlet Ordinance Section 20.89.030.B of the Alcoholic Beverage Outlet Ordinance (ABO) requires the Planning Commission to consider the following factors: 1. Whether the use serves public convenience or necessity. 2. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 3. The number of alcohol licenses per capita in the reporting district and in adjacent reporting districts as compared to the county-wide average. 4. The numbers of alcohol-related calls for service, crimes or arrests in the reporting district and in adjacent reporting districts. 5. The proximity of the alcoholic beverage outlet to residential districts, day care centers, park and recreation facilities, places of religious assembly, and schools. In accordance with the foregoing, and in order to provide the Planning Commission with the necessary data and analysis to make the required findings, each of the factors is discussed as follows: 1. Public Convenience or Necessity. The proposed restaurant is for full service fine dining. The service of beer, wine, and distilled spirits is made for the convenience of patrons dining at the restaurant. The Fashion Island Planned Community includes provisions for such restaurant uses, and the restaurants can be viewed as complementary to the surrounding retail, office and theater uses. Furthermore, for this PA2019-073 • Mariposa .staurant (PA2003-229) November 20, 2003 Page 5 of 7 particular application, it could be determined that the new restaurant and the proposed license would provide to their patrons the convenience and enjoyment off ine dining during their visits to the department store. The Police Chief is designated by Council Policy K-7 to be responsible for making an official finding of public convenience and necessity on behalf of the City. The Police Chief is prepared to make this finding as the proposed ABO is a restaurant and not a bar or nightclub. 2. Crime Rate. Citywide, there were 7,057 crimes reported during calendar year 2002, of which 2,609 were Part One Crimes (serious offenses). The remaining 4,448 were Part Two Crimes that include alcohol related arrests. The project site, located within Fashion Island, is located within Police Reporting District No. 39 and the part one crime rate for the RD, two adjacent RD's, City, California and National averages are shown in the following table for comparison. RD No. 39: 35829.49 Citv Averaae: 3448.23 RD No. 47: 481.54 California: 3902.90 RD No. 43: 4221.39 National: 4160.50 The crime rate in RD 39 is substantially higher due to the very limited population of the RD. During 2002, the number of Part One Crimes in RD No.39 was 311 and the number of Part Two Crimes was 277. RD No. 47 had 9 Part One and 28 Part Two Crimes; and RD No. 43 had 45 Part One and 48 Part Two Crimes. While the number of reported total crimes is higher within the RD of the subject project site as compared to surrounding RD's, the Police Department notes that the actual amount of crimes in the area is not considered significant due to the high concentration of commercial uses within RD No. 39, and RD Nos. 47 and 43 are primarily residential. 3. Over Concentration. There are a total of 37 active ABC licenses within RD No. 39. The census tract within which the restaurant is located has a higher ratio of liquor licenses when compared with the average ratio for Orange County since there is very limited population within the census tract. However, as noted above, the area includes Fashion Island, which has a high number of eating and drinking establishments. The area is typified by full-service, sit-down restaurants that are complementary to the office, retail commercial and entertainment uses that predominant the Fashion Island area. As noted by the Police Department report, the requested on-sale alcohol license is not expected to generate additional crime problems in the area due to the nature of the business and its location within Fashion Island, which provides security services. The concentration of alcoholic beverage licenses within the area is not considered by the Police Department as detrimental to the community. 4. Alcohol Related Crimes. The Police Department has provided statistics for driving under the influence and plain drunk arrests. There were a total of 244 arrests, PA2019-073 • Mariposlestaurant (PA2003-229) November 20, 2003 Page 6 of 7 with 45 driving under the influence arrests and 25 plain drunk arrests within RD No. 39 in 2002. The percentage of alcohol related arrests within RD No. 39 is 29% (70/244). City-wide, alcohol related arrests account for 40%(1,608/4,005) of all arrests made. The alcohol-related arrest rate in the two adjacent reporting districts is 44% for RD No. 47 and 4 3% for RD No. 4 3. The rate within which the project is located, RD No. 39, is lower than the city-wide average and lower than the two adjacent RD's. The Police Department does not believe that the proposed request will generate any additional significant number of alcohol-related incidents. As noted in the section on Crime Rate above, the sale of alcohol in the restaurant is accessory to the restaurant use and the establishment is intended to operate primarily as accessory use to the department store. The restaurant has a small bar located in the front oft he restaurant a nd consists of approximately 340 square feet and has 8 bar stools. The bar area represents approximately 8% of the total restaurant floor area, with over 92% of the total area devoted to traditional dining areas. Furthermore, the restaurant is situated on the third floor of the department store, a secluded place without a direct access from the general public that do not shop within the store. Therefore, in the opinion of the Police Department, it is unlikely that the sale of distilled spirits in conjunction with the restaurant use will increase alcohol-related crimes. In addition, the Irvine Company provides security for Fashion Island, which will assist in deterring alcohol-related disturbances. 5. Adjacent Uses. The site is located within Fashion Island and is not adjacent to sensitive land uses. There are no residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. In accordance with the ABO Ordinance, the Police Department has reviewed the Use Permit application and has determined that no additional conditions related to design and security are necessary. Environmental Review This project has been reviewed, and it has been determined that it is categorically exempt from the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). The proposed restaurant is a minor alteration within the existing structure of Neiman-Marcus. There will be no environmental disturbance as the proposed project is located in a fully developed area. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this PA2019-073 • Mariposa .taurant (PA2003-229) November 20, 2003 Page 7 of 7 hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Conclusion Staff believes that the findings for approval of a Use Permit can be made in that it is not likely that the operation will prove detrimental to the community. The site is conducive to a restaurant operation by design and the on-site consumption of alcoholic beverages in conjunction with a full-service, fine dining restaurant use is viewed as complementary to the department store and to the center as a whole. Therefore, staff believes that the required findings of the ABO can be met and the upgrade in the sale and consumption of alcoholic beverages at the restaurant would not prove detrimental to the community. If the Planning Commission concurs with staff's evaluation, it would be appropriate to adopt the attached draft resolution of approval included as Exhibit No.1. Prepared by: Exhibits ' • / lanner Submitted by: ' . . .. · ~ ,_, I -1, . - -I ! I I'· /'I , rt-~,\ A r ,1 ,-1,~ I , ~ ·rti·< Patricia L. Temple,lanning D 1. Draft Resolution No. 2003-_; findings and conditions of approval 2. Letter and project description from applicant 3. Police Department report 4. Project Plans PA2019-073 • • EXHIBIT 1 DRAFT RESOLUTION q PA2019-073 • • RESOLUTION NO. __ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003-039 FOR PROPERTY LOCATED AT 601 NEWPORT CENTER DRIVE (PA2003-229) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by The Neiman-Marcus Group, Inc., requesting an approval of a Use Permit, pursuant to the Alcoholic Beverage Outlet Ordinance (ABO}, to upgrade the existing license for the premises from Type 41 (On- Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant) with the proposed license, will be replacing the closed restaurant (Zodiac Restaurant) that has a Type 41 License. Section 2. A public hearing was held on November 20, 2003, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The proposed location of the alcoholic sales establishment needing this Use Permit, and the proposed conditions under which ii would be operated or maintained, is consistent with the General Plan and the purpose of the district in which the site is located; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood of such use; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the City. The use permit pertains to the on-site consumption of alcoholic beverages in conjunction with a restaurant to be operated within a building that is designated and zoned for this activity. The use has been conditioned in such a manner to minimize the impacts associated with the sale of alcoholic beverages. The plans, as conditioned, meet the design and development standards for alcoholic sales. The applicant does not propose a use that would change the operational characteristics of the site that would result in additional parking demand. 2. The operational characteristics of the proposed use, including the hours of operation, are consistent with Municipal Code requirements. Any change in the operational characteristics, including a change in the hours of operation or conversion of the use to a bar, nightclub or commercial recreational use would require an amendment to the Use Permit, reviewed by the Planning Commission. 3. The proposed project is consistent with the purpose and intent of Chapter 20.89 of the Municipal Code (Alcoholic Beverage Outlets Ordinance) for the following reasons: a. The convenience of the public can be served by the sale of desired beverages in conjunction with a full-service, fine dining restaurant that is PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page2 of5 complementary to the department store and the surrounding uses within Fashion Island. Alcohol service is typical and expected by the public in a full- service, fine dining restaurant setting. b. The crime rate in the police reporting district and adjacent reporting districts is not likely to increase as a result of the proposed use. c. The number of alcohol licenses within the report districts and adjacent reporting districts is not significantly high given the nature of the land uses in the district and when compared with County-wide data. d. The percentage of alcohol-related arrests in the police reporting district in which the project is proposed is lower than the percentage citywide. Accessory on-site consumption of alcoholic beverages is not expected to increase alcoholic related crime. e. There are no sensitive uses such as residences, day care centers, schools, or park and recreation facilities in the vicinity of the project site. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003-039, subject to the Conditions set forth in Exhibit "A." Section 5. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF NOVEMBER 2003. AYES: ________ _ NOES: ________ _ ABSENT: _______ _ BY: ------------ Earl McDaniel, Chairman BY: ------------ Michael Toerge, Secretary \\ PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page 3 of 5 EXHIBIT"A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003-039 1. The development shall be in substantial conformance with the approved floor plan dated March 01, 2002. 2. Use Permit No. 2003-039 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Adequate access and exiting must be cleared through the Building Department. Specifically, approval from the Orange County Health Department is required prior to permit issuance. A grease interceptor of adequate size is required in association with food preparation activities. 4. Hours of operation shall coincide with Neiman-Marcus. 5. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 6. No live entertainment shall be permitted on the premises without the approval of a live entertainment permit. 7. That any change in operational characteristics, hours of operation, expansion in area, or operation characteristics, or other modification to the floor plan, shall require an amendment to this Use Permit or the processing of a new Use Permit. 8. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation which is the subject of this Use Permit PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page4 of5 causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. This Use Permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 12. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 13. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this Use Permit in accordance with Chapter 20.96 of the Zoning Code. 15. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for full alcohol service for on-site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale for off-site consumption of alcoholic beverages is prohibited. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 16. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 17. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 18. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 19. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. \./ ' PA2019-073 • • City of Newport Beach Planning Commission Resolution No. __ Page 5 of 5 20. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: Between the hours of Between the hours of 7:00AMand 10:00PM and 10:00PM 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA nronertv Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 21. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 22. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 23. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 24. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 25. There shall be no dancing allowed on the premises without an approval of an amendment to this Use Permit and the issue of a Cafe Dance Permit. 26. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass-out window is prohibited. j , l PA2019-073 • • EXHIBIT 2 PROJECT DESCRIPTION PA2019-073 APPLICANT: The Neiman-Marcus Group, Inc. dba "Neiman-Marcus" REQUEST: PROPOSED USE: Approval of Conditional Use Permit (ABO) Permitting the On-Sale of Beer, Wine & Distilled Spirits (Type 47) in Conjunction With The Operation of the Mariposa Restaurant Located on the 3rd Floor .. Restaurant With On-Sale Service of Beer, Wine & Distilled Spirits ADDRESS: 60 I Newport Center Drive, Newport Beach (Fashion Island), CA 92660 USE PERMIT APPLICATION JUSTIFICATION The proposed project is for the afproval of on-sale beer, wine and distilled spirits for a new restaurant to be located on the 3' floor within the existing Neiman-Marcus building in the Fashion Island regional shopping center. The applicant proposes obtaining from the California Department of Alcoholic Beverage Control with a Type 47 On-Sale Beer, Wine & Distilled Spirits Eating Place alcoholic beverage license. The proposed request meets the requirements set forth in the City of Newport Beach Municipal Code. BURDEN OF PROOF: I. The location, size design or operating characteristics of the proposed project will not be incompatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (a) The adequacy of public facilities, services and utilities to serve the proposed project; (b) The suitability of the site for the type and intensity of use or development which is proposed; and (c) The harmful effect, if any, upon environmental quality and natural resources of the City; or Response: The proposed use is not inconsistent with the adjacent uses and will not materially affect the surrounding community or environment. The proposed project is ideally suited for this type of master planned regional shopping center and is well insulated from neighboring residences. The approval of the request that serves the local community, will not adversely affect the public's health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents. 2. The impacts of the proposed project will not adversely affect the policies of the Newport Beach General Plan or provisions of the Newport Beac Municipal Code; or Response: The proposed use is consistent with the Newport Beach General Plan and provisions of the Municipal Code. 3. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Response: The existing shopping center and proposed use are subject to the all the regulations, conditions, policies or other requirements of the Municipal Code. The construction of the restaurant facilities will be subject to City staff scrutiny and approval through the use permit and building process. . ' \U PA2019-073 j • APPLICANT: The Neiman-Marcus Group, Inc. dba "Neiman-Marcus" REQUEST: PROPOSED USE: Approval of Conditional Use Permit (ABO) Permitting the On-Sale of Beer, Wine & Distilled Spirits (Type 47) in Conjunction With The Operation of the Mariposa Restaurant Located on the 3rd Floor .. Restaurant With On-Sale Service of Beer, Wine & Distilled Spirits ADDRESS: 60 I Newport Center Drive, Newport Beach (Fashion Island), CA 92660 PROJECT NARRATIVE The proposed project is for the approval of on-sale beer, wine and distilled spirits privileges for a new restaurant to be located on the 3rd floor within the existing Neiman-Marcus building in the Fashion Island regional shopping center. The propose use is for a "Mariposa" restaurant which will replace the "Zodiac Restaurant" currently located on the 2nd floor. Mariposa is a full service fine dining restaurant. This request is to permit the sale of beer, wine and distilled spirits for on-sale consumption in conjunction with the operations of the restaurant. Service of beer, wine and distilled spirits is made for the convenience of patrons dining at the restaurant. The subject property is located within Fashion Island Shopping Center, a large master planned regional shopping center. The site is bounded by other commercial and office uses. The proposed restaurant will serve the local residents of the surrounding community, tourists and patrons of the shopping center. The proposed restaurant will have a total area of approximately 4,490 square feet, including an enclosed patio terrace of approximately 660 square feet. The proposed restaurant will be open seven (7) days a week. The proposed hours of operation are Sunday 11 :00 AM to I 0:00 PM and Monday through Saturday 11 :00 AM to 11 :00 PM. The restaurant will seat approximate 114 patrons. The project will employ approximately 20 employees that would be on-site at one time. The surrounding land uses are as follows: North: South: East: West: Commercial/Office. Commercial/Office. Commercial/Office. Commercial/Office. PA2019-073 • • EXHIBIT 3 POLICE DEPARTMENT REPORT PA2019-073 • • City of Newport Beach Police Department Memorandum October 27, 2003 TO: Rosalyn, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office· has reviewed police services data for the Neiman-Marcus Group at 601 Newport Center Dr. This area encompasses our reporting district (RD) number 39 as well as part of Census Tract 630.08. This report reflects City of Newport Beach data for calendar year 2002, which is the most current data available. Calls for Service Information City wide there were 59,182 calls for police services during this time, of which 4,059 were in RD 39. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 7,057 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,609 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny-theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 4,448 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,448.23 per 100,000 people. The national Part One crime rate was 4,160.5* per 100,000 people. Crimes Part 1 Part 2 Part lCrime Rate RD39 311 277 35,829.49 Newport Beach 2,609 4,448 3,448.23 California* 1,346,557 NIA 3,902.9 The number of active ABC licenses in this RD is 37** Per capita ratio 1 license for every 23 residents. National* 11,849,006 NIA 4,160.5 This reporting district had a total of 588 reported crimes as compared to a City wide reporting district average of 186 reported crimes. This reporting district is 402 crimes or 216.62% above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K-7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses**. PA2019-073 • • Arrest Information There were 45 DUI arrests and 25 Plain Drunk arrests in this area during this same period as compared to 1,608 for the entire city. This RD amounts to 3.98% of the DUI/Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI/Drunk) All Arrests RD39 70 244 Additional Information Newport Beach 1,608 4,005 California* National* NIA NIA 1,415,129 9,322,324 The Alcoholi<:: Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 47 and RD 43. Crimes RD47 RD43 Part 1 9 45 Part2 28 48 Crime Rate 481.54 4,221.39 Arrests (DUI/Drunk) 7 20 All Arrests 16 46 Calls For Service 579 1,020 Number of active ABC licenses 2** 7** Per capita ratiol Hcense for every 935** 267** residents. , Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 75,645. *These numbers are from the 2001 Uniform Crime Reports, which is the most recent edition. **The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was I license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644-3791. Paul Salenko Crime Analysis Unit PA2019-073 . .. . t /"%_ . Distnc s .····.••~ Reporting tment <:~~ h Police Depar .. Newport!:'~" J'""''Y L 2002. • , PACIFIC OCEAN 0.,,.-1,.,0;~,,~,_,.,,,rr,,; PA2019-073 • • EXHIBIT 4 PROJECT PLANS PA2019-073 r:. ] . -----... - 11 I I;_ . :i,, , . ~I ! ,·;,,:; ! I r--------__J i i I _________ ; LE-:S,ENQ__ ---·---_ :,,z;---..... -- '-··"•··•·'··.,.·.,.;..,~>-",,~:-, ~ I J =~f-&f=>-. 1 ;r;v:E§f"'JL---.... _,,_........,,_ E><15T. HANDICAPPE-C' 6-RAPHIC PA2003-229 for UP2003·039 601 Newport Center Drive DATE OF MEETING;. • l PA2019-073 I "·-)-~~ ·.:1:._ I i @ : ~::: =~-- l j~~;;?I &, .. ~~-· I±.•-·--&•~·--- &,. .... ~-- :..•.::.i:...-.. - i.:.-:.::!'---· t..'"=~-~- :.:::=.::""..::-:':."'-=---·- :.:...~-■--- ~l/Z::., I-·-'--=--"----1 I·---' ©--• I 1~=---1 C • 4 0 L O 1 I P 4 1 1' I ♦ '"'""'""====•■coMP~•T --s:-::. 3-1 • • PA2019-073 - CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3229 PART I: Cover Page ~-~1 Application: i2I Use Permit No. (J/JcJQ08-IJ'P;f/ PA2003-229 for UP2003~039 .. 601 Newport Center Drive The Neiman-Marcus Group, Inc. □ □ Proiect Common Name (if applicable): Neiman-Marcus (Mariposa Restaurant) FEES: Z,,,,.'2,oo • --- APPLICANT {Print): CONTACT PERSON (if different): The Neiman-Marcus Group, Inc. Michael Cho, Esq. Mailing Address: Attn: Kim Yee, Esq. Mailing Address: 1618 Main Street, Dallas, TX 75201 BERNARD & ASSOCIATES 3991 MacArthur Blvd., Suite 350, Newport Beach CA 92660 Phone: ( 214) 743-7618 Fax (214) 743-7611 Phone: ( 949 ) 263-1511 Fax (949 ) 263-0229 Property Owner (if different from above): The Irvine Company Mailing Address: 550 Newport Center Drive, Newport Beach, CA 92660 Phone: ( 949) 720-2000 Fax ( 949) PROJECT ADDRESS: 601 Newport Center Drive, Newport Beach, CA 92660 Project Description (If applying for a variance, also complete attached form for required findings.): _____ _ The applicant requests approval for the Type 47 On-Sale General Eating Place alcoholic beverage license in conjunction with the operations of the Mariposa Restaurant located inside Neiman-Marcus on the third floor. The sale of beer, wine and distilled spirits is made for the convenience of the dining patrons and is a normal accessory use for a bona fide restaurant. Neiman-Marcus currently has a Type 41 On-Sale Beer & Wine license located on the second floor. The restaurant will be relocated to the 3rd floor. PROPERTY OWNER'S AFFIDAVIT IA Sfe!CT4f:'5-PLEASE PROCEED TO PART II OF THE APPLICATION NevJp~1t(lnkr 1¥,Sor.,.{A.Jo 0-h!r'~ss) PA2019-073 • • DO NOT COMPLETE THE BOXED AREA BELOW FOR PLANNING DEPARTMENT USE ONLY: Indicate Previous Modifications, Use Pennits, Specialty Food Service Pennits, etc. ___________ _ General Plan Designation: __________ Zoning District: _____ Coastal Zone: YES or NO *********************************************:*.Y******************* Date Filed: /O/ '3 / 0 :!> Fee Pd: 1 ,-,00, ..-,le.p,,"f' Receipt No: /(0().-tJ;l,?<Jd Date Deemed Complete: ______ _ Hearing Date: ----~(}J;e"---_f_f/-0:J.{f -,:x,lf{)J 7 Posting Date: __________ _ Mailing Date: __________ _ Planning Director Action -------------------------------- Date _________________ _ P.C. Hearin.,,g_-"/ lc..-....,J..,o,__,· «.._o,,_,,o~3,,_ _____ _ Date, _________________ _ C.C. Hearin.,___"------------- Revised I0-10-01 F:\Users\Pln\Shared\Fonns\New Fonns\Applications\Use Pennit.doc Appeal, ______________ _ P.C. Action,_.JQ'rc.,-a.s-.¼l~1i,•,&,•.()"'-~-------Vrr Appeal, ______________ _ C.C. Action, ______________ _ PA2019-073 • • PART II: Project Data Sheet Project Common Name: Application Nmnber(s): Neiman~Marcus (Mariposa Restaurant) Project Address/Location: Assessors Parcel Number(s): 601 Newport Center Drive, Newport Beach, CA 442-021-13 92660 Legal Description (Attach on separate sheet, if necessary): Existing Land Use: Service Commercial Proposed Land Use: Service Commercial Zoning District: Fashion Island Planned Commercial Land Use Designation: PC-35 Retail Service Com. Existing Proposed Development Zoning Code Development Requirement Lot Area (sf) Lot Width (ft) Lot Depth (ft) Setback Yards Front (ft) Side (ft) Side (ft) Rear (ft) Gross Floor Area (sf) Floor Area Ratio Building Coverage (%) Building Height (ft) . Landscaping (%) Paving(%) NIA Parking Number of Employees 25 Number of seats Dwelling Units Hours of Operation l l:00am to l 0:0Opm F:\USERS\PLN\Shared\Forms\New Fonns\Applications\Project application Data sheet.doc 3 PA2019-073 • • PART III: Plans Each application shall be accompanied by 20 sets of plot plans, floor plans, and elevations; 8 sets shall be drawn to scale on 24 inch by 36 inch sheets with margins not less than l /2 inch and 12 sets shall reduced to 11 inches by 17 inches. The required number of plans to be submitted for a Planning Director's Use Permit application is 12 sets; 4 sets drawn to scale and 8 sets reduced. All plans shall be collated, stapled and folded to a size of 8½" by 14", maximum. The Planning Director may modify or waive submission requirements if deemed unnecessary to support the application. A. Plot Plan Plot plans shall be fully dimensioned and show the following information on the subject property and to a minimum of 20 feet on contiguous properties: • Vicinity Map. • North arrow. • Scale of the plan. • Existing and proposed property lines • Required and proposed yard setback lines. • Locations, names, dimensions, and descriptions of all existing and proposed right of way lines, dedications and easements. • Locations of existing and proposed structures, additions, utilities, driveways, walks, and open spaces. • Any structures to be relocated removed or demolished. • Locations, heights, and materials of existing and proposed walls and fences. • Locations, dimensions and descriptions of parking areas. • Location, heights, size and materials of signs. • Existing and proposed grade elevations and any significant natural features. • An Information block containing the name and telephone number of the contact person and calculations in tabular form showing compliance with applicable property development regulations (i.e., density, floor area limits, height, parking, etc.) F:\USERS\PLN\Shared\Forms\New Fonns\Applications\Project application Data sheet.doc 4 PA2019-073 • • B. Floor Plans Floor plans shall be fully dimensioned and show the following information: • Overall building and individual room dimensions, including square footage calculations. • All proposed interior walls and partitions. • Room identification. • Window and door locations. C. Elevations Elevations shall be fully dimensioned and show the following information: D. • Exterior wall openings. • Exterior materials and finishes. • Roof pitches. • All roof mounted equipment and screening. • Heights above grade of all floors, eaves, and ridges. Optional Materials • Materials board (specifications and samples of type, color and texture of proposed construction materials). • Color photographs of the subject and adjacent properties. Part IV: Other Information and Materials Each application shall be accompanied by the following: A. Property Owners' List and Assessor's Parcel Maps I. One set of gummed address labels (Avery 5160 or equivalent) containing the names and addresses of owners of the subject property and properties within a radius of three hundred (300) feet of the exterior boundaries of the subject property ( excluding roads and waterways for commercial properties only) shall be submitted. The list shall also contain the addresses of occupants of residentially zoned property within the required prescribed radius only if the Planning Department makes the determination that the project is of significant public interest. Additional sets of gummed labels shall be required if the proposed development is appealed or called up for review. F:\USERS\PLN\Shared\Fonns\New Fonns\Applications\Project application Data sheet.doc 5 PA2019-073 • • 2. An assessor's parcel map(s) indicating the 300-foot radius line and the subject property shall also be submitted. This information shall be prepared by a title company or an ownership listing service doing business in Orange County, utilizing names and addresses from the last equalized assessment roll and utilizing the most recent assessor's maps, or alternatively, from such other records as contain more recent names, addresses or maps. The information shall be verified by the Title Company or ownership listing service and be accompanied by a written affidavit. B. Project Description and Justification A statement describing the proposed project in detail. This will serve as the formal statement to the approving authority on what the project is and why it should be approved. Please include any relevant information which supports the application. Particular attention should be given relating this information to any findings that must be made in order to approve the application (see table below). Required Findings Application Section Transportation Demand Management Ordinance 20.64.040 Establishment of grade by the Planning Commission 20.65.030 (B-3) Sign Exception Permits 20.67.045 (B) Accessory Outdoor Dining 20.82.050 (B) Waiver of location restrictions for massage establishments 20.87.025 (B) Modification Permits (General) 20.93.040 For condominium conversions 20.83.025, 20.83.035 (B) Use Permits (General) 20.91.035 (A) To exceed base development allocations 20.63.040 (B or C) To allow mixed use developments with less than 0.25 FAR for 20.63.040 (E) commercial development To restore of damage or Destroyed nonconforming structures 20.62.070 Conversion of a Maximum FAR use to a Base FAR use or to a 20.63.050 (B) Reduced FAR use, or conversion of a Base FAR use to a Reduced FAR use To transfer development intensity 20.63.080 (1) To modify or waive of off-street parking and loading 20.66.100 (A) requirements For bars and cocktail lounges 20.82.020 (B) For take-out service, limited 20.82.020 (C) Variances (See page 8 of application) 20.91.035 (B) F:\USERS\PLN\Shared\Fonns\New Fonns\Applications\Project application Data sheet.doc 6 PA2019-073 • • Environmental Information Form: The Environmental Information Form is intended to provide the basis information necessary for the evaluation of your project to determine its potential environmental effects. This review provides the basis for determining whether the project may have a significant effect on the environment, as required by state law. After this information has been evaluated by the Planning Department, a determination will be made regarding the appropriate environmental documentation for your project. F:\USERS\PLN\Shared\Forms\New Forms\Applications\Project application Data sheet.doc 7 PA2019-073 • • Variances: Required Findings: I. That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of the application is consistent with the purposes of this code and will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district. 4. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. To aid staff in determining that the finding can be made in this particular case please answer the following questions with regard to your request. (Please attach on separate sheet, if necessary.) I. What exceptional circumstances apply to the property, including size, shape, topography, location or surroundings? ___________________________ _ 2. Why is a variance necessary to preserve property rights? ______________ _ 3. Why will the proposal not be detrimental to the neighborhood? ___________ _ F:\USERS\PLN\Shared\Forms\New Forms\Applications\Project application Data sheet.doc 8 PA2019-073 • CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport Boulevard Newport Beach, CA 92663 (949) 644-3200 • INSTRUCTIONS FOR COMPLETING THE ENVIRONMENTAL INFORMATION FORM The Environmental Information Form is intended to provide the basic information necessary for the evaluation of your project to determine its potential environmental effects. This review provides the basis for determining whether the project may have a significant effect on the environment, as required by state law. After this information has been evaluated by the Planning Department, a determination will be made regarding the appropriate environmental documentation for your project. If no significant environmental effects are anticipated, or if impacts can be mitigated or avoided by a change or specific requirement in the project's design or operation, a Negative Declaration will be prepared. If potential significant environmental effects are identified, an Enviromnental Impact Report must be prepared which focuses on the areas of concern identified by the Initial Study. After preliminary review of your application and the Enviromnental Information Form, you may be notified that additional information or technical studies will be required (e.g., traffic study, geotechnical survey, etc.) before an environmental determination can be made. PROCESSING SCHEDULE The time required to process the environmental analysis for your project will depend on the nature and complexity of the proposal. If possible, the Planning Department will set a target date for public hearing at the time your application is determined to be complete. If special studies are required ( e.g., traffic study, biological assessment), the hearing date cannot be set until these studies are completed. If a Negative Declaration is prepared, a 30-day public review period is normally required prior to the public hearing. Staff will notify you regarding the hearing schedule for your project as soon as possible. FILING FEE The filing fee for enviromnental review is $523, which includes County Clerk filing fees of$86. Ifa special study or an Environmental Impact Report is required, the City will retain a consultant with the cost to be funded by the applicant. The applicant may also be required to pay a California Department of Fish and Game (DFG) review fee of up to $1,250. Planning Department staff will advise you regarding the applicability ofDFG fees after the environmental review is completed. If you need assistance in completing the Environmental Information Form, or have questions regarding the environmental review procedures, please contact the Planning Department, at (949) 644-3200. F:\USERS\PLN\SIIAREDIIFORMS\!ENV-INS.DOC Revised 7-25-00 PA2019-073 • • ENVIRONMENT AL INFORMATION FORM City of Newport Beach Planning Department 3300 Newport Boulevard, Newport Beach, CA 92663 (949) 644-3200 A. General Information 1. 2. B. Applicant/Agent: _____________ _ Phone: _________ _ Address: ______________________________ _ Property Owner: _______________ _ Phone: _________ _ Address: ______________________________ _ Project Description Please attach the following materials for the project: • Vicinity map • Plans drawn to scale • Proposed revisions to zoning map • At least 3 different site photos mounted and text using underline and on 8 1/2 X 11 cardboard with a key map stril,esllt notation, if applicable showing the photo locations and direction of view I. Project name: ____________________________ _ 2. Project location: ___________________________ _ 3. Assessor's parcel#: ______ _ 4. Permit application#: ________ _ Sa. Proposed use: ____________________________ _ Sb. Project size (dwelling units, gross floor area, etc.) : _______________ _ Sc. Site size: __________ _ 5d. Building height: ________ _ 6. Existing land use designations: General Plan:_________ Zoning: __________ _ Specific Plan:___________ LCP: ___________ _ 7. Previous governmental approvals: _____________________ _ 8. Other governmental approvals required: Federal: _________ _ State: ______________ _ Regional: _________ _ Local: _____________ _ 9. Begin construction: ______ _ Estimated occupancy: _____ _ (date) (date) I PA2019-073 C. D. • • Environmental Setting 1. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe and existing structures on the site, and the use of the structures. Attach photographs of the site. 2. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set-backs, rear yard, etc.). Attach photographs of vicinity. Potential Environmental Effects On a separate page, please provide the following information. If the question is not applicable, indicate "Not applicable" or "None". I. AESTHETICS Describe whether the project could potentially obstruct any scenic vista or view open to the public, or create an aesthetically offensive site open to public view. Could the project block any private views? Describe exterior lighting that is proposed for the project and means that will be utilized to reduce light and glare impacts on surrounding properties. II. AGRICULTURE RESOURCES Describe any agricultural resources presently located at the project site. Describe any changes to this resource as a result of the implementation of the proposed project. III. AIR QUALITY Describe any air emissions or odors that could result from the project, including emissions during construction, and any measures that are proposed to reduce these emissions. IV. BIOLOGICAL RESOURCES Describe the existing vegetation on the site, and any trees or large shrubs that are to be removed. Identify any fish or wildlife that inhabit the site. V. CULTURAL RESOURCES Please indicate whether any archaeological or paleontological surveys have been done on the site. Could the project result in any adverse physical or aesthetic effects to any building, structure, or object having historical, cultural, or religious significance? VI. GEOLOGY AND SOILS Please describe the earthwork that will be required for the project. Include grading quantities, and the location of borrow or stockpile sites, and haul routes, if applicable. Describe any geotechnicaJ or soils investigations that have been conducted. Include exhibits showing existing and proposed topography, retaining walls, and erosion control devices. 2 PA2019-073 • • VII. HAZARDS AND HAZARDOUS MATERIALS Identify any aspects of the project that could present a risk to public health due to normal operations, or due to an explosion or the release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation) in the event of an accident or spill. Is there any possibility that the site could be contaminated due to previous uses or dumping? If so, what measures are proposed to eliminate the hazard or contamination? Is the project located in a flood hazard zone? VIII. HYDROLOGY AND WATER QUALITY Describe existing and proposed site drainage, and measures that will be employed to reduce erosion and prevent contaminated runoff from entering the storm drain system, groundwater or surface water. Describe any changes that could occur in groundwater or surface water. IX. LAND USE AND PLANNING Describe: a) the existing land uses and structures on the project site and on adjacent parcels; b) the project's conformance with existing land use plans and regulations for the property; and c) its compatibility with surrounding land uses. X. MINERAL RESOURCES Describe the affect on any adopted energy conservation plan, use of nonrenewable resources and whether the project will result in the loss of any known mineral resource of future value to the region and residents of the State. XI. NOISE Describe any sources of noise that impact the site, and any noise-generating equipment that will be utilized on the property, either during construction or after occupancy. What means to reduce noise impacts on surrounding properties or building occupants are proposed? XII. POPULATION AND HOUSING If the project is residential, please explain how the project will comply with the affordable housing policies contained in the Housing Element of the General Plan. Identify the number of bedroms per unit and the expected average household size? What is the projected sales price or rent of the units? If the project is conunercial, industrial, or institutional, please identify the tenants and/or uses and the estimated number of employees. XIII. PUBLIC SERVICES Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confrrmation of capacity you have received from service providers. • Fire protection • Police protection • Schools • Maintenance of Public facilities, including roadways • Other Govenunent Services 3 PA2019-073 • • • XIV. RECREATION Describe the impact of the project on the demand for neighborhood regional parks or other recreational facilities and any affect on existing recreational opportunities. XV. TRANSPORTATION/TRAFFIC Please describe how the project will comply with parking regulations, and identify any changes or improvements to the circulation system that are proposed as part of the project. XVI. UTILITIES & SERVICE SYSTEMS Please identify whether adequate capacity currently exists for the following public services and utilities. If expansion is needed, explain how it will be accomplished. Please attach any written confirmation of capacity you have received from service providers. Certification • Natural gas • Communications Systems • Local or regional water treatment or distribution facilities • Sewer systems or septic tanks • Storm water drainage systems • Solid waste and disposal Police protection Local or regional water supplies I certify that the statements furnished above and in the attached exhibits are correct and complete to the best of my knowledge and belief. I am the legal owner of the property that is the subject of this application or have been authorized by the owner to act on his behalf regarding this application. I further acknowledge that any false statements or information presented herein may result in the revocation of any approval or permit granted on the basis of this information. Date _______ _ Print name of owner or representative and Title Signature for Office Use Date filed: ___ _ Fee: ___ _ Receipt No: ___ _ By: -------- J:\Fonns 2000\CEQA\environmental information form.doc Rev. 7-25-00 4 PA2019-073 • • APPLICANT: The Neiman-Marcus Group, Inc. dba "Neiman-Marcus" REQUEST: PROPOSED USE: Approval of Conditional Use Permit (ABO) Permitting the On-Sale of Beer, Wine & Distilled Spirits (Type 47) in Conjunction With The Operation of the Mariposa Restaurant Located on the 3rd Floor.. Restaurant With On-Sale Service of Beer, Wine & Distilled Spirits 601 Newport Center Drive, ADDRESS: Newport Beach (Fashion Island), CA 92660 USE PERMIT APPLICATION JUSTIFICATION The proposed project is for the af prov al of on-sale beer, wine and distilled spirits for a new restaurant to be located on the 3' floor within the existing Neiman-Marcus building in the Fashion Island regional shopping center. The applicant proposes obtaining from the California Department of Alcoholic Beverage Control with a Type 47 On-Sale Beer, Wine & Distilled Spirits Eating Place alcoholic beverage license. The proposed request meets the requirements set forth in the City of Newport Beach Municipal Code. BURDEN OF PROOF: 1. The location, size design or operating characteristics of the proposed project will not be incompatible with and will not adversely affect and will not be materially detrimental to adjacent uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to: (a) The adequacy of public facilities, services and utilities to serve the proposed project; (b) The suitability of the site for the type and intensity of use or development which is proposed; and (c) The harmful effect, if any, upon environmental quality and natural resources of the City; or Response: The proposed use is not inconsistent with the adjacent uses and will not materially affect the surrounding community or environment. The proposed project is ideally suited for this type of master planned regional shopping center and is well insulated from neighboring residences. The approval of the request that serves the local community, will not adversely affect the public's health, safety, welfare nor will it jeopardize or endanger the public. It will not be detrimental to the use, valuation or enjoyment of surrounding property owners or residents. 2. The impacts of the proposed project will not adversely affect the policies of the Newport Beach General Plan or provisions of the Newport Beac Municipal Code; or Response: The proposed use is consistent with the Newport Beach General Plan and provisions of the Municipal Code. 3. The project complies with all other regulations, conditions or policies imposed by the Municipal Code. Response: The existing shopping center and proposed use are subject to the all the regulations, conditions, policies or other requirements of the Municipal Code. The construction of the restaurant facilities will be subject to City staff scrutiny and approval through the use permit and building process. PA2019-073 • • • APPLICANT: The Neiman-Marcus Group, Inc. dba "Neiman-Marcus" REQUEST: PROPOSED USE: Approval of Conditional Use Permit (ABO) Permitting the On-Sale of Beer, Wine & Distilled Spirits (Type 47) in Conjunction With The Operation of the Mariposa Restaurant Located on the 3rd Floor .. Restaurant With On-Sale Service of Beer, Wine & Distilled Spirits 601 Newport Center Drive, ADDRESS: Newport Beach (Fashion Island), CA 92660 PROJECT NARRATIVE The proposed project is for the approval of on-sale beer, wine and distilled spirits privileges for a new restaurant to be located on the 3rd floor within the existing Neiman-Marcus building in the Fashion Island regional shopping center. The propose use is for a "Mariposa" restaurant which will replace the "Zodiac Restaurant" currently located on the 2nd floor. Mariposa is a full service fine dining restaurant. This request is to permit the sale of beer, wine and distilled spirits for on-sale consumption in conjunction with the operations of the restaurant. Service of beer, wine and distilled spirits is made for the convenience of patrons dining at the restaurant. The subject property is located within Fashion Island Shopping Center, a large master planned regional shopping center. The site is bounded by other commercial and office uses. The proposed restaurant will serve the local residents of the surrounding community, tourists and patrons of the shopping center. The proposed restaurant will have a total area of approximately 4,490 square feet, including an enclosed patio terrace of approximately 660 square feet. The proposed restaurant will be open seven (7) days a week. The proposed hours of operation are Sunday 11 :00 AM to 10:00 PM and Monday through Saturday 11 :00 AM to 11 :00 PM. The restaurant will seat approximate 114 patrons. The project will employ approximately 20 employees that would be on-site at one time. The surrounding land uses are as follows: North: South: East: West: Commercial/Office. Commercial/Office. Commercial/Office. Commercial/Office. PA2019-073 Department of Alcoholic Beverage .trol • State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) Control File Number: 207268 TO: Department of Alcoholic Beverage 28 Civic Center Plaza, Room 369 Santa Ana, CA 92701 (714) 558-4101 Receipt Number: 1449210 Geographical Code: 3013 Copies Mailed Date: December 16, 2003 v ,,,,,___, RECEIVED BY Issued Date: DISTRICT SERVING LOCATION: SANTA ANA PLANNING DEPAf3_T}"~E"~1 First Owner: Name of Business: NEIMAN MARCUS GROUP INC THE NEIMAN MARCUS CITY (11= N!=WD"P .. •C A_,h AM DEC 1 7 1003 PM Location of Business: County: Is premise inside city limits? Mailing Address: (If different from premises address) 601 NEWPORT CTR NEWPORT BEACH, CA 92663 ORANGE 1201 ELM ST 28TH FL REN TWR ATTN: ROBERT CASANGO DALLAS, TX 75270 . 71819110111112111213141616 ) Census Tract 0630.08 Type of license(s): 47 Transferor's license/name: 370938 / GREEN APPLE LU Dropping Partner: Yes __ No License Type Transaction Type Fee Type Master Dup Date Fee 47 ON-SALE GENERAL I PERSON TO PERSON TRANSF P40 y 0 12/16/03 $1,250.00 47 ON-SALE GENERAL I ANNUALFEE P40 y 0 12/16/03 $758.00 47 ON-SALE GENERAL I PREMISE TO PREMISE TRANS P40 y 0 12/16/03 $100.00 {)1))/2,f tvj n{(,YLf Total $2, l'iS.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the Department pertaining to the Act? No Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of ORANGE Date: December 16, 2003 Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He is an applicant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or_ indirect interest in the applicant or applicant's business to be conducted under the liccnsc(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. Applicant Name(s) Applicant Signature(s) NEIMAN MARCUS GROUP INC THE See 211 Signatnr~ Page ·2.H A Af-1-4~ 11.o-r ricr:t J 9--J-7 ft> -hi lL(JVIJ PA2019-073 • • PA2019-073 • • • State of California Department of Alcoholic Beverage Control APPLICATION SIGNATURE SHEET ("SIGN ON'? • This form is to be used as the signature page for applications not signed in the District Office. • Read instructions on reverse before completing. • All signatures must be notarized in accordance with laws of the State where signed. 2. FILE NUMBER (if any) 3. LICENSE TYPE 207268 47 5. APPLICANT(S) NAME 1. OWNERSHIP TYPE (Check one) D Sole Owner 11'1 Corporation D Partnership □ Partnership-Ltd D Limited Liability Company D Other 4. TRANSACTION TYPE □ Original □Exchange 0 Person to Person Transfer 0 Premise to Premise Transfer D Other NEIMAN MAR<:US GROUP, fNC. THE (PI2 Base File No. 331346 / Inglewood District Office) 6. APPLICANT'S MAILING ADDRESS (Street address/lP.O. box, city, state, zip code) c/o Michael Cho, 3991 MacArthur Blvd., Suite 350, Newport Beach, CA 92660 7. PREMISES ADDRESS (Street address, city, Zip code) 601 Newport Center Drive. Newport Beach, CA 92660 APPLICANT'S CERT/FICA TION Under penalty of perjury, each person whose signature appears below, certifies and says: (I) He/She is an applir.;ant, or one of the applicants, or an executive officer of the applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he/she has read the foregoing and knows the contents thefeof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant of applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to (a) satisfy the SOLE OWNER 8. PRINTED NAME (Last, llrst, middle) NIA SIGNATURE X payment of a loan or to fulfill an agreement entered into more than ninety (90) days proceeding the day on which the transfer application is filed with the Department, (b) to gain or establish a preference to or for any creditor or transferor, or (c) to defraud or injure any creditor or transferor; (5) that the transfer applicatjon resulting liability to the Department. I understand that ifl fail to qualify for the license or withdraw this application there will be a service charge of one-fourth of the license fee paid, up to $100. DATE SIGNED PARTNERSHIP/LIMITED PARTNERSHIP (Signatures of general partners only) 9. PARTNER'S PRINTED NAME (Last, first, middle) NIA PARTNER'S PRINTED NAME (Last, first, middle) PARTNER'S PRINTED NAME (last, first, middle) CORPORATION 10. PRINTED NAME {Last, first. middle) Nelson A. Bangs TITLE . SeDJ.QJ; D President t9'\'1ce President PRINTED NAME /Last, first, middle) Brenda A. Sanders TITLE ul: Secretary D Asst. Secretary LIMITED LIABILITY COMPANY SIGNATURE X SIGNATURE DATE SIGN X SIGNATURE X Oct. 13, D Chairman of the Board DATE SIGNED 11. The limited liability company is member-run □Yes lli'.INo (if no, complete Item #12 below) 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFFICER (Last, first, middle) N/A 13. MEMBER'S PRINTED NAME (Last, first, middle) MEMBER'S PRINTED NAME {Las!, first, middle) ABC-211 -SIG (9/01) SIGNATURE X RECEIVED SIGNATURE X "'SIGN ON" Dept. of Alcoholic Beverage COlllrol Santa Ana Office DATE SIGNE z ~ ~ .. ,,, 2003 PA2019-073 • • BERNARD & ASSOCIATES A PROFESSIONAL ASSOCIATION Of INDJ::PJ::NDENT ATIURNEYS ATTORNEYS AT LAW 3991 MAcARTHUR BOUU:'V ARD. SUITF. 3'>0 NEWPORT BEACH, CAUl'ORN.L\ 92660 TELEPHONE (949) 263-1511 FACSIMILE (949) 263-0229 RECEIVED BY Rosalinh Ung, Planner Community Development Department City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 October 22, 2003 Re: Neiman-Marcus at Fashion Island Dear Ms. Ung: PLANNING DEPARTMENT CITY OF NEWPnPT FJEACH OCT 2 7 2003 AM PM 718 19110111112 111213141S16 l Enclosed please find the 300' property owner's certification for your review. Should you have any questions or comments, please do not hesitate to contact me at your earliest convenience. Thank you for your consideration and attention to this matter. Respectfully, ~ .,..,,---·'-· MICHAEL C. CHO Enclosure( s) PA2019-073 Project File No.: Project Name: Project Location: • Checklist for Categorizing • Development and Significant Redevelopment Projects as Priority or Non-Priority UP2003-039 for PA2003-229 The Neiman-Marcus Group, Inc. 601 Newport Center Drive Project Description: Request a Type 47 On-Sale General Eating Place alcohol beverage license in conjunction with the operations of the Mariposa Restaurant located inside Neiman-Marcus on the third floor. PART A-Qualifying: Yes No 1. Is this project a NEW Development? j_ 2. Is this project a SIGNIFICANT Redevelopment? ~ If you answered "NO" to both questions, STOP HERE. You do NOT need to fill out PART B. If you answered "YES" to either question, please continue with PART B. PART B -Proposed Project Includes: Yes No 1. Residential development of 10 units or more 2. Commercial and industrial development greater than 100,000 square feet includinq parkinq areas 3. Automotive repair shoo /SIC codes 5013, 5014, 5541, 7532-7534, and 7536-7539) 4. Restaurant where the land area of development is 5,000 square feet or more includinq oarkinq areas/ SIC code 5812) 5. Hillside development on 10,000 square feet or more, which is located on areas with known erosive soil conditions or where natural slope is 25 percent or more 6. Impervious surface of 2,500 square feet or more located within, directly adjacent to (within 200 feet), or discharging directly to receiving water within Environmentallv Sensitive Areas 1 • 7. Parking lot area of 5,000 square feet or more, or with 15 or more parking spaces, and potentiallv exposed to urban runoff 8. Is this a Priority Project? Determination: If ANY of the above are answered ves, it is priority ' Environmentally Sensitive Areas include, but are not limited to, all Clean Water Act Section 303(d) impaired water bodies, areas designated as Areas of Special Biological Significance by the State Water Resources Control Board, water bodies designated with the RARE beneficial use by the State Water Resources Control Board, areas designated as preserves or equivalent under the Natural Community Conservation Planning Program, and any areas designated as Critical Aquatic Resources {CARS). Staff Member Completing this Form: _________ _ Last Revised 10/07/2003 F:\Users\Pln\Shared\PA's\PA 2001 labels (20).doc Date Form Completed: __________ _ PA2019-073 .. _x _x _x • • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST PUBLIC WORKS & TRAFFIC ENGINEER UTil.JTIES DEPARTMENT Date: October 9, 2003 Staff Planner: ,-.~949) 644-3208 /)p~, FIRE DEPARTMENT BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES _x PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. POLICE DBPARTMENTMCE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: The Neiman-Marcus Group, CONTACT: Michael Cho, Esq. 949 263-1511 Inc. FOR: Use Permit UP2003-039 DESCRIPTION: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license from Type 41 On-Sale General Eating Place, Beer and Wine to Type 47 On-Sale General Eating Place with the relocation of the Mariposa Restaurant from 2nd floor to 3rd floor, located inside Neiman-Marcus. LOCATION: 601 Newport Center Drive I REPORT REQUESTED BY: COMMISSION REVIEW (Tentative): Check all that apply: /5i[ No comments on the project as presented. □ Application of Standard Code requirements are not expected to alter the project design. 10-24-03 11-20-2003 □ Recommended conditions of approval are attached. □ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. □ I contacted the applicant on ___ to: □ schedule an appointment for Code review, □ discuss the following (attach separate sheet if necessary): _________________ _ ADDITIONAL COMMENTS ¢_see attached): __________________ _ Ext~ Date: /D-:::0 -'D ~ R_hl_.· ·1$i}~.w;;;Ji'·•,;t1P'!'?'··•·-y:•wm:nr·~•"i.Bi!~iliili.!WII-"ll"::ll■·1■1 lll!fl'?t ____ _ . . . ~Wl'Mll~--l~~ffl-Im PA2019-073 f • c1'y of Newport Beac' Police Department Memorandum October 27, 2003 TO: Rosalyn, Staff Planner FROM: Paul Salenko, Crime Analyst SUBJECT: Alcohol Related Statistics At your request, our office has reviewed police services data for the Neiman-Marcus Group at 601 Newport Center Dr. This area encompasses our reporting district (RD) number 39 as well as part of Census Tract 630.08. This report reflects City of Newport Beach data for calendar year 2002, which is the most current data available. Calls for Service Information City wide there were 59,182 calls for police services during this time, of which 4,059 were in RD 39. A "call for service" is, any contact of the police department by a citizen which results in the dispatching of a unit or causes the contacted employee to take some sort of action, such as criminal investigations, alarm responses, traffic accidents, parking problems, and animal control calls, etc. Crime Information There were 7,057 crimes reported to the Newport Beach Police Department during this period. Of this total, 2,609 were Part One Crimes. Part One crimes are the eight most serious crimes (Homicide, forcible Rape, Robbery, Aggravated Assault, Burglary, Larceny-theft, Auto Theft and Arson) as defined by the FBI in the Uniform Crime Reports. The remaining 4,448 were Part Two crimes. The Part One crime rate for the entire city during this same period was 3,448.23 per 100,000 people. The national Part One crime rate was 4,160.5* per 100,000 people. Crimes Partl Part2 Part 1Crime Rate RD39 311 277 35,829.49 Newport Beach 2,609 4,448 3,448.23 California* 1,346,557 NIA 3,902.9 The number of active ABC licenses in this RD is 37** Per capita ratio 1 license for every 23 residents. National* 11,849,006 NIA 4,160.5 This reporting district had a total of 588 reported crimes as compared to a City wide reporting district average of 186 reported crimes. This reporting district is 402 crimes or 216.62% above the City wide reporting district average. This location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City as outlined in the City Council "K-7" policy. This location is within an RD that is over the Orange County per capita average of ABC licenses**. PA2019-073 • ' . \. Arrest Information There were 45 DUI arrests and 25 Plain Drunk arrests in this area during this same period as compared to 1,608 for the entire city. This RD amounts to 3.98% of the DUI/Drunk arrests made in the entire City. According to a recent national study by the Department of Justice, more than 36% of adult offenders convicted of crimes in 1996 had been drinking at the time of their arrest. Arrests (DUI/Drunk) All Arrests RD39 70 244 Additional Information Newport Beach 1,608 4,005 California* National* NIA NIA 1,415,129 9,322,324 The Alcoholic Beverage Outlets ordnance states that the Planning Commission shall consider the crime rate in the adjacent reporting districts. The two adjacent reporting districts you requested are RD 47 and RD 43. Crimes RD47 RD43 Partl 9 45 Part2 28 48 Crime Rate 481.54 4,221.39 Arrests (DUI/Drunk) 7 20 All Arrests 16 46 Calls For Service 579 1,020 Number of active ABC licenses 2** 7** Per capita ratiol license for every 935** 267** residents. •' Note: It is important to remember that when dealing with small numbers any change greatly affects any percentage changes. The population figure used for the Crime Rate was 75,645. *These numbers are from the 2001 Uniform Crime Reports, which is the most recent edition. **The number of active ABC licenses is the total of all types of licenses known to the police department as of the date of this document. As of May 1, 2003 the Orange County average of active, retail ABC licenses was 1 license for every 592 residents. (4,805 licenses and a population of 2,846,289) If you are in need of any further assistance, please contact me at (949) 644-3791. Paul Salenko Crime Analysis Unit PA2019-073 • .. • • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT RBMli!tY ~""1Pij,t • OCT 1 4 2003 Date: October 9. 2003 Staff Planner: R. Ung (949) 644-3208 'OF NEWl-'OH I bt:,-. X X X PUBLIC WORKS & TRAFFIC ENGINEER X 0PLANS A TT ACHED (PLEASE RETURN) UTILITIES DEPARTMENT FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT BUILDINOJGRADlNGDEPARTMENT COMMUNITY SERVICES POLICE DEP ARTMENTNICE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: The Neiman-Marcus Group, CONTACT: Inc. FOR: Use Permit UP1003-039 Michael Cho, Esq. 949 263-151 I DESCRIPTION: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license from Type 41 On-Sale General Eating Place, Beer and Wine to Type 47 On-Sale General Eating Place with the relocation of the Mariposa Restaurant from 2nd floor to 3rd floor, located inside Neiman-Marcus, LOCATION: 601 Newport Center Drive I REPORT REQUESTED BY: COMMISSION REVIEW (Tentative): Check all that apply: ~ No comments on the project as presented. o Application of Standard Code requirements are not expected to alter the project design. 10-24-03 11-20-2003 o Recommended conditions of approval are attached. o Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. o I contacted the applicant on ___ to: □ schedule an appointment for Code review, □ discuss the following (attach separate sheet if necessary): _________________ _ ADDITIONAL COMMENTS (□see attached): _________________ _ 0 PA2019-073 • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST • Date: October 9, 2003 Staff Planner: R. Ung (949) 644-3208 X PUBLIC WORKS & TRAFFIC ENGINEER UTILITIES DEPARTMENT _x PLANS ATTACHED (PLEASE RETURN) _x FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT. _x BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEP ARTMENTNICE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: The Neiman-Marcus Group, CONTACT: Inc. FOR: Use Permit UP2003-039 Michael Cho, Esq. (949) 263-1511 DESCRIPTION: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license from Type 41 On-Sale General Eating Place, Beer and Wine to Type 47 On-Sale General Eating Place with the relocation of the Mariposa Restaurant from 2nd floor to 3rd floor, located inside Neiman-Marcus. LOCATION: 601 Newport Center Drive I REPORT REQUESTED BY: COMMISSION REVIEW (Tentative): Check all that apply: o No comments on the project as presented. o Application of Standard Code requirements are not expected to alter the project design. 10-24-03 11-20-2003 o Recommended conditions of approval are attached. o Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. o I contacted the applicant on ___ to: □ schedule an appointment for Code review, □ discuss the following (attach separate sheet if necessary): __________________ _ ADDITIONAL COMMENTS (□see attached): __________________ _ Signature: Ext. Date: PA2019-073 •• CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST • Date: October 9, 2003 Staff Planner: R. Ung (949) 644-3208 X PUBLIC WORKS & TRAFFIC ENGINEER X PLANS AIT ACHED (PLEASE RETURN) UTILITIES DEPARTMENT X FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES X POLICE DEP ARTMENTNICE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: I "J!~ Neiman-Marcus Group, I CONTACT: FOR: Use Permit UP2003-039 Michael Cho, Esq. 949 263-1511 DESCRIPTION: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license from Type 41 On-Sale General Eating Place, Beer and Wine to Type 47 On-Sale General Eating Place with the relocation of the Mariposa Restaurant from 2nd floor to 3rd floor, located inside Neiman-Marcus. LOCATION: 601 Newport Center Drive I REPORT REQUESTED BY: 10-24-03 COMMISSION REVIEW (Tentative): 11-20-2003 Check all that a ~~7~ No comments on the project as presented. □ Application of Standard Code requirements are not expected to alter the project design. □ Recommended conditions of approval are attached. □ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. □ I contacted the applicant on ___ to: □ schedule an appointment for Code review, □ discuss the following (attach separate sheet if necessary): _________________ _ ADDITIONAL COMMENTS (□see attached): _________________ _ Ext. ~fD Date: I fz/4. PA2019-073 • • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PROJECT REVIEW REQUEST • Date: October 9, 2003 Staff Planner: R. Ung (949) 644-3208 .x PUBLIC WORKS & TRAFFIC ENGINEER .X PLANS A TT ACHED (PLEASE RETURN) -UTILITIES DEPARTMENT .x .x FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT. BUILDING/GRADING DEPARTMENT COMMUNITY SERVICES POLICE DEPARTMENTNICE & INTELLIGENCE HARBOR DEPARTMENT REVENUE ECONOMIC DEVELOPMENT (Commercial Development Only) APPLICATION OF: I ~e Neiman-Marcus Group, I CONT ACT: FOR: Use Permit UP2003-039 Michael Cho, Esq. 949 263-1511 DESCRIPTION: Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license from Type 41 On-Sale General Eating Place, Beer and Wine to Type 47 On-Sale General Eating Place with the relocation of the Mariposa Restaurant from 2nd floor to 3rd floor, located inside Neiman-Marcus. LOCATION: 601 Newport Center Drive jREPORT REQUESTED BY: COMMISSION REVIEW (Tentative): Check all that apply: Ji(' No comments on the project as presented. □ Application of Standard Code requirements are not expected to alter the project design. 10-24-03 11-20-2003 □ Recommended conditions of approval are attached. □ Application of Standard Code requirements or the attached conditions of approval will substantially impact or alter the design of the project. □ I contacted the applicant on ___ to: □ schedule an appointment for Code review, □ discuss the following (attach separate sheet if necessary): ________________ _ ADDITIONAL COMMENTS (□see attached): _________________ _ Signature: k_. -:;;?-~::::----Ext."3loc Date: /0* {?, cg. Pl ; ;.,;<tt:iriW:tlliil'.::dt!IIW-''ii' ·rr11mm1··r1:lir""lllllliiiillliM'iilB' , •... T■51111111IIE■L ___ _ ~~Mi iilbi.m .:~-1 _ml!lffl'll!~ll!!me!MIB!liHIIW PA2019-073 Aulhorized to Publish Advertisements of all kind.•ding public aotices by Decree of the Superior Court of Orange County, .. mia. Number A-6214, September 29, I 961, and A-24831 June l I, l 963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 8, 2003 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November s , 2003 at Costa Mesa, California. @✓ ~&¾/~- Signature • i'<ECEIVED BY PLANNING DEPARTMENi ,.....,,....,., .. ..., ~ ,..., !''~I CITY 0" hlC:IAIC, .. , ... :1N 1 8 2003 AM llM 718191LD 11 ~I U) i ~1k10,~ 1016 11 ·, :puBU( NOTICE I o,ive · . · · .: ' : · SUMMARY: Request for :.· CIJY'OFNEWPORTBEACH. a us·e· P6rrnit pursuant '."ly. (o..icflChimberi. ·. · oftl,e. to,the Alcoho .. li.c. ~e.ver: '''-t . • , ,, n.:..:L age . Outlet Ordmance '·.:CJtyofNewport....,c · (ABO),' to upgrnd.e the ,.: : 330() Ne\llrW-t Boulm:rd , e)dsting license for the· • . . . "".r:".'' .:.·_.L: , /,, premises from Type· 41' ~·,"-': 'NiwportBND. · (On-Sale'Beer ~nd .Wine ., . Pl,\NNIIG COMMISSION . Eating Place) to Type 47 t • ·' ·: ,. ·. · · · ;, ·-· (On-Sale: General Eating , IGE.NDA 'egub M.-ling: •, pJ,,e) License. The. new 1-:·::; .Nov8""'20'2003 .. .-~ restaurant. (M~rlpo_sa) ~-:~;-"":-.:,· .. · •30. I .. , With_-the ·proposed .. 1,. ~J-'•:·:.'·· al_~, .. p.m. ·: :. .. cense; will ·replace-the LJ1.·.,;:ma)~CT:._Conexant ix istinj!: restaurant ~Systems_,·'·· Inc.,· 4000 (Zodiac)_.which currenUY:-, 'MacArthur aoulevard · ,.i, -operates· with a Jype 41 p~sUMMARY: :Request ,to. 1,.tcenSe,\-'.-• ._:· • · •. · · l~ei"mtt.t_he.-jnstall~tlon.~f '_, AP.PUCA_TION~ · Use 1,a, fifth_-tenant 1dent1h· Permit. No:--.. 2003-039 ~<;atlon wall ·sign• that is '(P.A2003.•22~) /· ·-, 1'appro~im __ ate1y 387 :_·CEQA ·coMPLIANCE:' square telrt i~-area: The ~his' project _has . beeii K'o!L Center, Pfanned reviewed, and it has ·Community District been·determined that it Regufatio·ns Hmit walls is_ categorically· exemp~ 1 Signs to 200 sq(!are feet under the requirements I in ;,reayer s!gn.' a nd to Of the California ·E.nvi- two facades_p(:!i' building. ronmental Qu.ali~y· Act APPLICATION: Modifi-under Class .l .(Existing cation Permit',No. 200J: facilities) . 097 (PA2003,Z32) · ', .Publisti-ed _.,_f-leWport · CEQA .-t;;QMPI.IA~CE~: Beach-Costa· Mesa· Daily This: projeqt h.a~ been_ Pilot· November 8, 20Q3 r1?viewed,. p.nd_. it ha_s-':. •. Sa500 1 been determined_ that it ' · ' · iS categ'orh;aUy' exempt under ·the .. requirement_s Of the California _Env1• fonmenta!. ;Quality Act unde.r · Cla.ss 1.1 (Accesso~y Structu(es) ', 2. ·SUBJECT:· The ·Ne• imao-Marcus Group, Inc; 601 ·Newp_ort _ Center '. ' PA2019-073 ' flT'CE OF PUBLIC HEARING Mariposa Restaurant at Neiman-Marcus (PA2003-229) • NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Neiman-Marcus Group, Inc. for Use Permit No. 2003- 039 on property located at 601 Newport Center Drive. The property is located in the PC District. Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license for the premises from Type 41 (On-Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant) with the proposed license, will be replaced the existing restaurant (Zodiac Restaurant) which currently has a Type 41 License. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on November 20, 2003, at the hour of 6:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (949) 644-3200. Michael Toerge, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. PA2019-073 • • VICINITY MAP Use Permit No.2003-039 (PA2003-229) 601 Newport Center Drive PA2019-073 •. ITEM NO: SUBJECT: SUMMARY: • Use Permit No. 2003-039 (PA2003-229) The Neiman-Marcus Group, Inc. 601 Newport Center Drive • Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license for the premises from Type 41 (On-Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant), with the proposed license will be replaced the existing restaurant (Zodiac Restaurant) which currently has a Type 41 License. Use Permit No. 2003-039 (PA2003-229) Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing I icense fort he premises from Type 4 1 ( On-Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant), with the proposed license will be replaced the existing restaurant (Zodiac Restaurant) which currently has a Type 41 License. Property located at: 601 Newport Center Drive This project has been reviewed, and it has been determined that it is categorically exempt under the requirements oft he California Environmental Quality Act under Class 1 (Existing Facilities) Use Permit UP2003-039 (PA2003-229) The Neiman-Marcus Group, Inc. 601 Newport Center Drive Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing I icense fort he premises from Type 4 1 ( On-Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant), with the proposed license will be replaced the existing restaurant (Zodiac Restaurant) which currently has a Type 41 License. PA2019-073 ... UsePermit UP2003-039 (PA2003-229) The Neiman-.us Group, Inc. .iii-Ung (949) 601 Newport er Drive •4-3208 Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license for the premises from Type 41 (On-Sale Beer and Wine Eating Place) to Type 47 (On-Sale General Eating Place) License. The new restaurant (Mariposa Restaurant), with the proposed license will be replaced the existing restaurant (Zodiac Restaurant) which currently has a Type 41 License. Status: Hearing Scheduled • Use Permit No. 2003-039, (PA2003-229), 601 Newport Center Drive Council District 10-03-03 11-20-03 Action PA2019-073 , . ·•CE OF PUBLIC HEARING ~ t™1N1. ~ \\. t• \- t,~ '"Fu :r it TTP20QJ o:,, (PA2003-229) • NOTICE IS HEREBY GIVEN tha he Pl ·ng Commission of the City of Newport Beach will hold a public hearing on the application of The · an-Marcus Grou Inc. on behalf of The Irvine Company, property owner(s), for Use Permit UP2 3-39 on property located at 601 Newport Center Drive. he property is located in the PC District. NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Newport Beach will hold a public hearing on the application of The Neiman-Marcus Group, Inc. for Use Permit UP2003-039 on property located at 601 Newport Center Drive. Request for a Use Permit pursuant to the Alcoholic Beverage Outlet Ordinance (ABO), to upgrade the existing license from Type 41 On-Sale General Eating Place, Beer and Wine to Type 47 On-Sale General E ating Place with the relocation of the Mariposa Restaurant from 2nd floor to 3rd floor, located inside Neiman-Marcus. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class I (Existing Facilities) NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on November 20, 2003, at the hour of 6:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, t~ublic hearing. For information call (949) 644-3200. jhtt...f/lJr~L.-1.,~6€ Ea · · e, ]ie:::plc, Secretar:,·..i ~o, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. PA2019-073 CERTIFICATION OF PROPERTY OWNER LIST (300' Radius) I, Michael Cho, declare under penalty of perjury of the laws of the State of California pursuant to Section 2015.5 of the California Code of Civil Procedure, that the attached list from the most current assessor's roll for the County of Orange, contains the names and mailing addresses of all owners ofreal property within a distance of three hundred feet (300') from: Assessor's Parcel Number(s): 442-021-13 Executed at Newport Beach, California, this 1st day of October, 2003. PA2019-073 APN 442-021-31 Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 APN 442-021-16 Irvine Compau 550 Newn<""''f'.enter Drive Ne it Beach, CA 92660 Attn: Michael Cho, Esq. Bernard & Associates 3991 MacArthur Blvd., Suite 350 Newport Beach, CA 92660 APN 442-021-31 Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 APN 442-021-27 ort Center Drive ewport Beach, CA 92660 APN 442-021-16 Irvine Comp~m,,..- 550 N enter Drive ort Beach, CA 92660 Attn: Michael Cho, Esq. Bernard & Associates 3991 MacArthur Blvd., Suite 350 Newport Beach, CA 92660 .APN 442-021-25 Irvine Company 550 NewpgJ:t~nter Drive Ne it Beach, CA 92660 APN 442-021-28 Irvine Co y ort Center Drive ewport Beach, CA 92660 ort Center Drive ort Beach, CA 92660 Attn: Kim Yee, VP Compliance The Neiman-Marcus Group, Inc. I 618 Main Street Dallas, TX 75201 APN 442-021-25 Irvine Comp~m,,_. 550 N ort Center Drive ort Beach, CA 92660 APN 442-021-28 ,~ewn,ort Center Drive ewport Beach, CA 92660 APN 442-021-21 Irvine Compa 550 ort Center Drive ewport Beach, CA 92660 Attn: Kim Yee, VP Compliance The Neiman-Marcus Group, Inc. 1618 Main Street Dallas, TX 75201 .APN 442-021-26 ort Center Drive ewport Beach, CA 92660 APN 442-021-26 ort Center Drive ort Beach, CA 92660 APN 442-021-29 ,,,,..., .. ,,ort Center Drive wport Beach, CA 92660 APN 442-021-13 wport Center Drive Newport Beach, CA 92660 PA2019-073 THIS MAP WAS PR£PAR[O FOR ORANGE COUNTY ASSESSOR Ot!-'I. PURPOSES Of/Lr. THE ASSESSOR MAKES NO GUARANTEE AS ro I rs ACCURACY NOR ASSUMF.S ANY I f AB fl! TY FOR OTHER llSES. NOT TO 8[ REPRODUC[D. All RIGHTS RESERVED. IC COPYRl(.,HT ORANGE COUNTY tSS[SSOR 2000 MARCH 1961 SA"TA CRllZ OR!VE TRACT NO 6015 PARCEL MAPS P.M. 57-2,S LOT 19 "'-. · ··-.,_, ,P.41. ,12I• :50 PAR. !J @ 12.078 AC. a:r,T£R •• I.. 08 -----""''----__) v@ L.OT 2t P.M. 221,30 PAR. 8 @ 4,517 Ac. PAR.4 @ l6.2l/lAC.(CJ WT LOT 18 l~ /8 ,i t,i" @ P.M. 221• JO •' ,, . • ' NO. 6015 @j •• .,,,"-' LOT 17 @ IB.02AC, --ASSESSOR'S BLOCK ,5 PARCH NUMBERS SHOWN IN C JRCLES 442-02 SEE REFERENCE MAPS /AND2 I"= 200' AN.-:AP.4 ORIVE ASSESSOR'S MAP BOOK 442' PAGE 02 COUNTY or ORANG[ • • PA2019-073 ' MAC'rC> ', J l',1,s,1m1; ~r -DTEL /. r ----·--~~--·1 LE<SEND "!VA ' l ·, • I r ·, I • I I ' EXIST. HANDIC-APPED 51GNAGE SUBJECT PREMISE ·I I b J r---- 1 I _J ,-F'F<OFll-e v,~,., -....u ,.., ~~% ':;~~ELE OFF"""'.--;, Vl!l<ICl..E"' ""'-0"8<1.'1'~1HT>iEloPK-E ;><Oe.HAL.CEaEUM::.Hiee,H«-,H .,,...,.,ll<C><~,.,ve -~-k;P,>,NT ~ l ~~ ~~ lis/ Hi~ - ~•-r _-__ EX::;:.:15:T:. :H:A:N::'.D:l::'.C,:A;:P;:P;:E~D:;;::G~RA~;:;P::H;:;IC,~:;::;;:;;;:2~~, ; H j ~ ~'8~ ---.As APl'UOVED BY: ,Z) r"· ' fl E COPY PA2003-229 for UP2003-039 601 Newport Center Drive DATE OF MEETING: - PA2019-073 I i I , ! ' i ' I I ' ! i i t I I I I ! ' ' ' L __ @ D008l£ OECK STOCK PW -Olfl G,,\WJIIES_ lD<l. </r•l'-11' TlfDl.0.0.l"""""QJ..B_,,,,...,,.,,L,. ... 1--.;.;,;.,..,..,...,,... ......,__, ............ ............. '--"''"'- -➔--,:;,. -➔ ""'"'-"'SA .,_,.,..., ..... ...., ..... ., _ _.,.,......,,..; u- -· ------· ' </ (s)~/-l-~- (x/ ---~ -~ ------~--c__-1.., ,---- ' !ll!O'll.""'-1 .. 1 ~-' L__ ,-----7 ~00~-:u ••""¥ I II I I U L _____ .J . :/ ®® l • COMMUNICATION ROOM LEGEND ... ,.,.-"" -=-------------------~ --- -·:=-.~---"" ____ .., __ ,,_.,...., _,...,_ .. _ --- ---- llHl!l'-0 '""'""""""'-"-' --..,_.,;:_ ;.;;,-__ ,.::,, - DBL_ DECK Sl'octi _,wt -_llyt'S SfQR15¥1~ fu 11,., . .,,. PLANdlNG DI MODJFJCATIO PLANNING CO ~ AsSubmi 0 CITY COUNCIL , __ -..... ,-" !E'. "-: .. ,,;,. ':'!ii' Cl«!!.~""'' '""'"-""~--,! .. !l"O., .. ~-~ .. '!!!'!"l"'\C •lll:.OI_ J£18.IIIID:....,i:,m, '14.111!.el IESI-P~I\M'<:lw; -,.,..,.,........,_..,,.,....,, jjo'IK~ ~~11!"CH!OK )'"'"-"'-~"" .. &!""!'"'.--~J1 .fu'.oil!"'~.!"11':~: 11:1!\l!Y."l.: .. ~.~ &h_;1_!,Sll'OI Jl,Wl,lltit,1,,S -'-""--"--=:.i.:.-""-IIF!IITII ~ ... -.,--,..,_ --!ODl<Llllll.llU:a. iRII\O!:CDllli/Cllll>1D--l<L OTIG1NlSTIIIIU£,,_ __ IF ~-~--111--• ............. _,.,_,. -~=-~::....U,,111.' ==-·'IIEi;U;fl/Xll Lltltlll.flllffS<IIUIG«m111lS. ,..,.,..__..___,..,_ ~~~=~ ' ,_,.. ___ ,.._ ~--LIIJl _____ ,o --Ll<llfflN __ ,.._ Hl-- 1~ftflSIOa<IIOOI,._,.,,_ 0£ltil!ERl10......:<""""'-"·""--"'-HI-H-1. ,~,,,. _____ , '![_,_,, 11 J'OO !lm:IIS ,_ OEll,LI IIG.rnllt) -......... .....,,,_ .... _,..,..., ...... -"-,.,..,,.,._,,,,_.ll[J....., I -10--.. .,. ......... __ 1" -- (l B A JI L lli I IPAJl1tB+ • • U BY: As ll,1odified, refer ,o, , _,_,~(date): tt[Zc)c) 70 d'°As Modified, refer to: 0 As Submi d -1As Modified, refer to: PA2019-073 USE PERMIT APPLICATION CITY.OF NEWPORT BEACH No. . /t~.3 . . Appl i cati_on Rec 1·d _by~i$7-....._ Department of Community Development Zoning and Ordinance Administration 3300 N~wport Boule~ard Phone (714) 673-2110 ... Fee: $260. 00 Division Applicant (Print) carter Hawley Hale Stores, Inc. Ph one 213-620-Q 150 Mailing Address 550 So. Flower St., Los Angeles, California 90071 Property Owner__........,..__ _________________ Phone Sarne Mai 1 i n g Add res s __ s'""'s""'o_s"""o=· ·-· .::...F=l=OW:z...e=· r"'--'· S::;..t=-' ';._• L.f -=L=O:;.::S ..... , ....::;A=n=g'-"e=l=e=s-·--=C=A~9.;:;..0.;;.0 .... 7=1 _______ _ Address of Property Involved 49 Fashion Island, Newport Beach, California Purpose of Application (describe fully) PrereQuisite fpr on-sale beer & ·wine· J fceose Zone c-o-n Present Use Specialty Store -Shopping Center Legal Description of Property Involved (if too long, attach separate sheet) Parcel 1 of Parl Map ~7: Pages 2 & 3 OWNER'S AFFIDAVIT DD NOT COMPLETE APPLICATION BELOW THIS LINE D F ·1 d 1Jt..,2.$-tf' F Pd 2l-O,OO /o,;/ ate 1 e __ ...:JI _________ ee . _______ Receipt No. ___ ...J __ _ Hearing Date 4:)..o~7'jf Publication Date ------------------------ : ~ s;: n: c:::: ====r-)==-'=-=7=• ·. '?r'~~· · ~~~:~-M-a ... i ~ ..... ,--+~~t=-,e .:-· -• e.:.,:;..2 )_~~-l--~---~-'l'---2_6_-_7_~ __ _ Date ______________ Appeal ______________ _ C. ·C. Hearing C. c. Action ------------------------- 0 ate ----------------------------------MR~3 78 1031 2.60 T PA2019-073 COMMISSIONERS_ ' ,.DLL CALL --Motion , X All Ayes . ,, -.. • City -·-·01-:< Newport-•, Beach<:-_-MINUTES .. -· . . . . - -~~qu~~t'to change the op~rational characteristics of the existing resta~rant facility in Neiman- Marcus .-to . tncl ude the service of beer and wine. INQ ■X Item #6 USE PERMIT NO. 1863 Location:. Parcel l of Parcel Map 67/23 (Resubdivision No. 466) located at APPROVED 4 9 Fashion Isl and i n Fashion Is 1 and CONDI- TIONALLY ,I~: Aeplicant: Owner: C-0-H Carter Hawley Stores, Inc., Los Angeles Same as Applicant Public hearing was opened in connection with this matter and there being no one desiring to appear and be h~~r~. the public hearing was closed. M6tion w~s ma~e that Planning Commission make the following findings: ). That the proposed use is consistent with the Land Use Element of the General Plan and is com~atible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they d~ not contemplate any problems. 4 •. -Adequate offstreet parking spaces are being provided in the Fashion Island Common parking lot for The Zodiac Restaurant facility. The service of beer and wine with meals in the restaurant complex will have no significant impact on the parking demand. 5. The approval of Use Permit No. 1863 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in-the neighborhood or the general welfare of the City. Page ·s . . .--._-. •·.·.•,:,-: ·- PA2019-073 COMMISSIONERS ... QLL CAL.L ••••• City of ·Newport .·:.Beach MINUTES and approve Use Permit No. 1863, subject to the following condition: ·1. That development shall be in substantial conformance with the approved floor plan. Request to permit the construction of a second dwelling unit and a four car garage on a lot in the R-2 District in a Specific Plan Area where a specific plan has not been adopted. A modifica- tion to the Zoning Code is also requested, since the proposed development also includes the remod- eling.of the existing dwelling unit on the site that has a nonconforming 2 foot side yard setback (where the Code requires a 3 foot side yard}. Applicant: Owner: Lot 4, Block 128, Lake Tract, located at 206 29th Street, on the southeasterly side of 29th Street between Newport Boulevard (south- bound) and West Balboa Boulevard in West Newport. R-2 Girandola, Newport Beach Applicant Staff advised that tH did not meet the minimum requirement of 00 square feet required by the City and that suffic nt room existed on the lot to increase the size o the unit without exceeding the 1.5 floor area atio, therefore, staff recommended the addition of a condition requiring that the unit be incre sed to the minimum requirement of 600 square eet. Public hearing was opened in connecti this matter and the applicant indicated his oncurrence with the recommended conditions of appro There being no others desiring to appear heard, the public hearing was closed. Page 9. INDBX Item #7 SITE PLAN REVIrw-- N0.-13 APPROVED CONDI- TIONALLY PA2019-073 -r ~. , • • April 12, 1978 TO: FROM: SUBJECT: LOCATION: ZONE: APPLICANT: OWNER: Application Planning Commission Meeting April 20, 1978 Item No. 6 CITY OF NEWPORT BEACH Planning Commission Department of Community Development Use Permit No. 1863 (Public Hearing) Request to change the operational characteristics of the existing restaurant facility in Neiman-Marcus to include the service of beer and wine. Parcel 1 of Parcel Map 67/23 (Resubdivision No. 466) located at 49 Fashion Island in Fashion Island. C-0-H Carter Hawley Stores. Inc., Los Angeles Same as Applicant This application is a request to change the operational characteristics of the existing restaurant facility in Neiman-Marcus in Fashion Island. The applicant proposes to add the service of beer and wine. In accordance with Section 20.30.035, 8., (4) of the Newport Beach Municipal Code, the changes in the operational characteristics of a restaurant require the securing of a use permit in each case. Use permit procedures are outlined in Chapter 20.80 of the Municipal Code. Environmental Significance This project has been reviewed and it has been determined that it is categorically exempt under Class 1 (Existing Facilities) from the requirements of the California Environmental Qualities Act. Conformance with General Plan The Land Use Element of the General Plan designates the site for "Retail and Service Commercial" uses. The existing restaurant facility falls within the uses permitted. Subject Property and Surrounding Land Use The Neiman-Marcus retail complex is located on the property in ques- tion. To the north, east, and west, is the common parking lot for all of the commercial uses in Fashion Island; and to the south, are other retail stores in Fashion Island. Analysis The Zodiac Restaurant facility has been in operation on the upper level of Neiman-Marcus since the commercial complex recently opened for business in Fashion Island. The applicant now proposes to offer its restaurant clientele the availability of beer and wine with meals. The service of beer and wine would be very minor and incidental to the primary function of providing food service. No bar is proposed and all alcoholic beverages will be served at the existing 84 seats in the dining room. Item No. 6 PA2019-073 • • TO: Planning Commission 2. Offstreet Parking Requirements Four hundred and eighty (480) offstreet parking spaces have been allocated for Neiman-Marcus in the Fashion Island common parking lot, based upon the requirement of one parking space for each 250 square feet of gross floor area in the 120,000 square foot commercial struc- ture. No additional parking spaces were required with the establish- ment of The Zodiac Restaurant facility on the site because: 1.) the restaurant facility is incidental to the primary function of retail sales in the store; and 2.) the existing upper floor restaurant caters to people who are already shopping in Neiman-Marcus. Staff is of the opinion that no additional parking spaces are necessary in conjunction with the proposed development, since the service of beer and wine with meals will have no significant impact on the parking demand. Approxi- mately thirteen (13) parking spaces are already being provided in the common parking lot for the restaurant complex, based upon one parking space for each 250 square feet of gross floor area in the 3,250 square foot± facility. Fashion Island Parking Lot Five thousand one hundred and thirteen (5,113) offstreet parking spaces exist in the common parking lot for all of the retail shops and restaurant uses in Fashion island. The subject parking lot maintains 174 parking spaces in excess of Ordinance requirements, since only 4,939 offstreet parking spaces are required for the existing and proposed development. The number of parking spaces also takes into consideration the construction of a proposed restaurant facility located at the southwesterly corner of Santa Rosa Drive and Newport Cent'!r Drive East in Fashion Island (i.e. the former site of the temporary Great Western Savings and Loan Building), meeting the new restaurant parking standards. Specific Findings and Recommendation Section 20.80.060 of the Newport Beach Municipal Code provides that in order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. Staff recommends approval of Use Permit No. 1863 and suggests that the Planning Commission make the following findings in conjunction with the applicant's request: 1. That the proposed use is consistent with the Land Use Element of the General Plan and is compatible with surround- ing land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that they do not contemplate any problems. 4. Adequate offstreet parking spaces are being provided in the Fashion Island Common parking lot for The Zodiac Restaurant facility. The service of beer and wine with meals in the restaurant complex will have no significant impact on the parking demand. 5. The approval of Use Permit No. 1863 will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the general welfare of the City. I tern No. 6 .... ' PA2019-073 / 1;11 .. ,., .. ....... - ,_,-' '.' r --:-:..///, . . '· ,,-'>''• ,, • f•I' Jlfi.OAP,!lilol•'lli' .. ' ~ , ,. -------. --~ f I • f ! ! ! ~I• __. --~---:~::-:-::-::-r-:-:-=-:-:-:-::-=-:::-:::--:::-:'.''.""-:'.:::-c--------.---------....!!.J_:,,,,,'::c:· ~,-.c-.--,.:.:;.;::_. _· _··_·=-... -_-__ _ , . ., ,. e, ... :-~;f:.(:..;-~-~. ;,,_-+~·~•~:~·:~ G~~~~-,~,+~~~-~.,~~f~ * .. -... .,:~ .,. /" ____ .., ______ ~· f:-.~~:,.,: ~-,._4_ ~ -~~-f~--~ .. ~~:.~_':;_ fr·\ .... ,~•~~ ...... ~ .. ~--~ ..... ~~ r►~-·, ... ,,....,. ........ ""'.;-:.i..~ ....... ~~--\.1, . , . CENTER • u• •••••""' ______ ..... ·---•·-SIT[ WORK N[WPO~T ;n ANP •~~oc1.uu NEWPORT CENTEfl · ,,-·-• I --• -"'!~::'.!~~_:_· ___ ...;. ________ ._______ • ...... '°"' '"• 'liM.I tll'JI•--•• ...... USE-PE."RIIIJT /JO. I 8G.3 oJ" PA2019-073 - TO: Pian~ing Commission 3. Approval of Use Permit No. 1863 is therefore reconmended. subject to the following condition of approval: 1. That development shall be in substantial conformahce with the approved floor plan. DEPARTMENT or COMMUNITY O(V[lOPMtNT R. V. HOGAN. DIRECTOR By '/J~-te f!. yJ AJ.1-L,_ William R. Laye~ Senior Planner WRL/sh Attachments: Vicinity Hap Floor Plan Elevations Item Nol_§_j_ .. PA2019-073 ✓· ·-,,. .-: J I :~ 1, ~.J __ .. ~ --' . - t ... .. o"'"" .. --i -----------·------ • • tJSf. PE.~MIT NO. l8GJ3 PA2019-073 ......,_,... ____ _ - • MJIIICH 1961 TIIACT 110. 101$ PARt:CL MAPS I ..... l,,,,_ ___ 4-.....,B __ __j .... @) •f/li~te NO. 601$ l ,,__ :J l 7 ,. • lf)(J. ,,,,,c. Asscsso11)' •c«w • ,AIICtL NllltllOIS SltOWfll Ill '"'"II .,. , .. ~~, ASSlSSOlf) "" . •ao,r 442 ,,.,r oz couttr, o, OIIAltiC 0 ----------=-------------J~4 c---···------------------- PA2019-073 • • USE. • PA2019-073 /_,_ '4· ·-::.".'" -·•-·• TO: Planning Commission 3. Approval of Use Permit No. 1863 is therefore recommended, subject to the followfng conditi.on of approval: 1. That development shall be in substantial conformance with the approved floor plan. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By '/PiA..-t.(~ William R. Laycc Senior Planner WRL/sh Attachments: Vicinity Map Floor Plan Elevations l tern No. 6 PA2019-073 / ,,. NOTICE OF PUBLIC HEARING Notice is hereby given tha• the Planning Commission of the City of Newport Beach will hold a public hearing on the application of Carter Hawley Hale Stores, Inc. for a O Variance _______ _ (] Use Permit ---------1863 D Resubdivision ____ _ □ Tentative Map Tract ______ _ on property located at 49 Fashion Island, Newport Beach to ~~m:i~ change the operational characteristics of the existing restaurant facility in Neiman-Marcus to inc1ude the service of beer and wine. Notice is hereby further given that said public hearing will be held on the 20th day of April 19 78, at the hour ___ .________ ---- 71 ,,\.0 of ~ P.M. in the Council Chambers of the Newport Beach ------ City Hall, at which time and place any and all persons interested may appear and be heard thereon. PUBLICATION DATE: Received for Pub. PAULL. BALALIS, Secretary Planning Commission City of Newport Beach -------By ______________ _ · Note: The expe~se of this notice is paid from a filing fee collected.from.the applicant. PA2019-073 -- CITY Of NEWPORT S[ACH D[PARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST l]AOVANC[ PJ.AtlNJNG DJVJSJON 09UBLIC WO~KS U[PARTMCNT [JTRArr1c (NGINl[R rnr I RE O[PARTMEtn QPLAN RlVIEW DIVISION □PAPll'.S & RrCREATION □POLICE DCPARTM[NT 0 MARHH' SAf£ TV 0 GCt4E RAl S[ RV 1 CC S Oate March 29, 1978 0Pl. AN") A Tl AC.H£ 0 ( Pl [ A St Rf TURN} □PLANS ON fllE I~ lONlNG A~O ORO(HANCE ADMINISTRATION DIVISION APPLI C.AT I ON Or ------~-~r..t~_~Hawle;~ tl~.1 e Stores I If!.~·---·· v-•-·-··--·----· __ ·-··-~-- rQJt A OVAklANCE ______________ gusE PERMIT 1{1§3 ·-----•-· ·-·•···--··- [llUSUBOI VJ Sl ON __ ·~--_ . ~--·-··-QTRACT MAP------·-·-----------· ON A REQUEST TO cha'!9e __ the O..J?!?rational characteristics of the e-xistfn!l ____ _ ___ restaurant f.!,c111ty_ f~ Hetman-Marcus to include the se.!:.Y..!£~_...Q..f __ b~er ___ _ and wine~ ____ , ______ --·-----·----...... -·--··---...... ·--..... ·--... ----·--,. ..... _______ _.. .... __ _ --··---·-·--··•···-··---- ------·----... ----,·--•·---··...._. -·•----..-........ ,pa ____________________ , __________ ,, .... -------~-·-·---·---- ON LOl BLOCK TRACT ----_.,.. ----------~ .... ·-·--... ,_ ..... __ ..___;-.._ ----.... -----.... -------------- --. ·---· .. ---··· ----·-·••··•···-···--·•········----··>-----------··~---·------·----·------·---·-··-··••----·~----- ~OOPlSS 49 Fashion Island. Newport Beach ...... _.. -·-------... _,,.,. -----------·---------·-··--"'-·-----·-· .. --... -----------.. ---- --·-·····-·------·-----~ .. ---... ____ .. ____________ _ PEPORT REQUESTED ev __ ~4~/~6!J.JL. _______ _ COMM JS SI 0~ REV 1 E W __ :___i_/ 2_0_/_7_8 ___________ . __ COMMrNTS ·-···--....... __ .... ·--....... -----•·•-··----------· ..... ---·--·----·-----· __ ....... ___ ... , ..... _____ ... _,, _____ ..._ ________ .. , ________________ ------_____________ ,_ _______ ,.___,. ____ ,.,_ ........ _.. ____ ... ___ ·--------- ......,_....__., ________ , ___ . ........,_ -·---------.-..-----~---------~----·----.. ---------------- ---------· -------... -----... ·--·---.. -------· ---------~----- _......,_ ....... ,~~-·--.... ----........ ,., .......... -.. ...._ ..... ,.._,_,..,._---, ... __ ..., ______ .,.. ____ ,_,......, ___ ..,.,_, ..... --·-··----------·--- --· .... --·----.. ~---· --....... _. ·-·-•. . __ .,. _____ ........ ·----.. ---~---··-.. ---------,.....,1, .... ,, . ..__ .. ____________ . ·--·-----~-~- ---•---_._ -.. . ..-,,,.. -.. ~,--,.._. .... ,n ------"+••..a.•-•••--•••,. • "Of• ...... --• • ..-••-_...__n••••••-••••.,.,••••--■-...■ •"'" _.._,. .... -.. _ ... ...._ ...... _____ .. __ ··--............-·-----· "I--·----... ---.. -.. -----.... --·-····•--·----- ----------·------· .. ---· .. -··--· ............. ----•-•··•··-... -----·----------______ ,._ .. ___ _ ----,,,•---------···•~---........ ,.,_,..,_,,.,,.. ____ ...-■·•~--··---~--·--------•----·........,_.-,_-·· ... ..,,----- --------~----.. --.... ... .,.. __ . _______ , ....... _..--·--·---- ·-· -·-------------· ·--····-··--·•----··-----·-----------·------- OAT[ PA2019-073 -- CITY or hlWPOPT arACH O[PARTM!~T or COHMU~ITY O(V[LOP~(~I PlAU R[VlfU RlQU£ST -. ___ .-_ . .--._ _[ t t-J~)., /Jtr J__,;,-., J. ~-~-'~ □ADVANC[ Pl.ANNING DIVISION □PUBLIC WOlKS OlPARTH[NT 0TRArrJC ENGINllR r]FIRE DEPARTMENT □PLAN R£VJ£W DIVISION □PARKS & RECREATION a-POLICE DEPARTHfNT OJ•t ...... 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CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST g_ ,::-~ Oa te March 29, 19 7 8 I □ADVANCE Pl.ANNING DlVIS10N □PUBLIC WORKS DEPARTMENT □TRAFFIC ENGINEER 0 E,,YR E DE P ART ME N T mLAN REVIEW DIVISION □PARKS & RECREATlON □POLICE DEPARTMENT ,UPlANS ATTACHED (PLEASE RETURN~ □PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION 0 MAR IN E SAFETY □GENERAL SERVICES APP U CAT ION OF __ ___:C=..:a::...:.r-:t:.:::e:..:..r....:.:.«.::::.aw.:.:...:....:l e:::..Yr__:..H.:...::a:..:l..::e:......:::.S...::.t.::::.o.:....re:::..s::...,!......!I~n!,.!:c:....:·-------~---- □VARIANCE --------->{NUSE PERMIT _ __.:1~8=6=3 ______ _ 0 RES U B DIVISION ______ _ QTRACT _MAP __________ _ ON A REQUEST TO charrge the operational characteristics of the existing restaurant facility in Neiman-Marcus to include the service of beer and wine. ------------------------------------- ON LOT ________________ Bl OC K _________ TRACT ______ _ ----------------------------------------- ADDR[SS 49 Fashion Island, Newport Beach REPORT REQUESTED BY 4/6/78 -------'S--:----------- COMM ISSI ON REVIEW 4/20/78 ___ ..;...:....__. __________ _ COMMENTS -------------------------------- --~---------------------------------------- -----·--·--·-·---· ---- ---·----+------------------·-.. ------------------------__ __.._ ---------- ---·--·------------____ ,,, __ , _____________________________ _ -------. ______ ,._ __ 1 --7•-~------·---- / . -SIGNATURE---·--tj.'-·------- ti.,.. (,- 1 • DATE PA2019-073 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST g JfkJLMU-/ □ADVANCE PLANNING DIVISION □PUBLIC WORKS UEPARTMENT (],,TRAFFIC ENGINEER □FIRE DEPARTMENT □PLAN REVIEW DIVISION □PARKS & RECREATION □POLICE DEPARTMENT 0 MAR I NE SAFETY 0 GENE RA L SER V I CE S Date ___ M_a_rc_h_2_9_,_1_9_7_8 __ _ [}(PLANS ATTACHED (PLEASE RETURN □PLANS ON FILE IN ZONING ANO ORDINANCE ADMINISTRATION. DIVISION APP LI CAT I ON OF ___ C=.:a~r~t~e:....:.r_..:.:H:..::a..:.:.w...:...1 :.:.,ey,t__:,1~1 a::...;1:..::e=--=S~t:.:::.o.:....r.::.e.::..s .?...' .....:I:..:n.:..::c::..:•:.,__ __________ _ □VARIANCE --------->{NUSE PERMIT ___ l~8=6~3 ______ _ ORESU80 I VI SI ON -------□TRACT MAP __________ _ ON A REQUEST TO change the operational characteristics of the existing restaurant facility in Neiman-Marcus to include the service of beer and wine. ON LOT ____________ BLOCK _________ TRACT ______ _ -------·-·------------------------------- ADDRESS 49 Fashion Island, Newport Beach REPORT REQUESTED BY 4/6/78 __ _..;..........;~---------- COMM JS SI ON REVIEW 4/20/78 ---....:..!.....C__:.__;:;...._ ________ _ COMMENTS ' . -. --;;,-o,-~:;:--;-:-l-wb---,.:c~1~-. f..A-_;J----f;-!-. ./?-. -------- --~------- --·---·--·-----~----------------~---- ,r'\ A --:1,l\ ··"--; ... 1 gJd..._);_,,,c"'.) -: .J .. ,-· 1 (/ A-7 -. / · SfG.NA'TliRE --' ·-1~••.c_.•"·--~ ..,_,.J_ ... ,~..;....,. ... _ .. , ... _·· .... •·•·-· -------------==F--+--DJ-'A_T_E~-'------- PA2019-073 -- CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST ~ Ill-ADVANCE Pl.ANNING DIVISION □PUBLIC WO~KS DEPARTMENT □TRAFFIC ENGINEER □FIRE DEPARTMENT □PLAN REVIEW DIVISION □PARKS & RECREATION □POLICE DEPARTMENT . □MARINE SAFETY □GENERAL SERVICES Date March 29, 1978 i}:PLANS ATTACHED (PLEASE RETURN □PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION . AP P LI CAT I ON OF --.....::C:.::a:.:.r...::t:..::.e...:....r_H:.:.:a=-:w.:...;l:....::e~y--=..:.H..::.a...:....l e=--.:S:..:t::.:::o:..:..r.z.e..::.s ..z..., --=..:.I n:,:..!c::....:·~----------- !="OR A □VARIANCE ---------)t!]USE PERMIT_~1~8~6~3 ______ _ ORESU80 IV IS ION ------□TRACT MAP _________ _ ON A REQUEST TO change the operational characteristics of the existing restaurant facility in Neiman-Marcus to include the service of beer and wine. ON LOT · BLOCK TRACT ·--------------------------~ ADDRESS 49 Fashion Island, Newport Beach REPORT REQUESTED BY 4/6/78 -----'--'"'---------- COMMISSION REVIEW 4/20/78 ___ ....._____,__;:;., ________ _ COMMENTS __ ,,/Jb~--,.fl&.:1Yl~~~J 4 ..,........ b...il:H ...... ---••·------------------------------ --------------·-------------------------- -------------------------------------- PA2019-073 •.· ~ ,_: ..... - tITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT . ,,., . : . PLAN REVIEW REQUEST .. &.11&.ilvt; □ADVANCE Pl.ANNING DIVISION □PUBLIC WORKS DEPARTMENT □TRAFFIC ENGINEER [D,F'I RE DEPARTMENT □PLAN REVIEW--DIVISION □PARKS & RECREATION □POLICE DEPARTMENT- QMARINE SAFETY □GENERAL SERVICES oa te March 29, 1978 0,PLANS ATTACHED ( PLEASE RETURN; □PLANS ON FILE IN ZONING ANO ORDINANCE ADMINISTRATION DIVISION APPL I CAT I ON OF ___ C:::.:a:.:r~t:::.:e:..!.r---!.!H:.=a.:.:.w.:..1 .=.ieyL,_:,H~a~1:...:e:....=S:..::t:.:::0.:..r.::.e.::.s .z.., ....:l:...:n~c:...:•:.__ __________ _ J:QR A □VARIANCE ---------,mus E PE RM I T _ __..:l:..:=8=6-3 ______ _ 0 RES U B DIV l SI ON _____ _ QTRACT MAP _________ _ ON A REQUEST TO change the operational characteristics of the existing restaurant facility in Neiman-Marcus to include the service of beer and wine. ON LOT BLOCK TRACT ______ _ -------------;._ ______ _ ----------------------------------------- ADDRESS 49 Fashion Island, Newport Beach REPORT REQUESTED BY 4/6/78 ----':........:....;._;._._ ________ _ COMMISSION REVIEW 4/20/78 ---..;.:....;~...;....;:;__. ________ _ COMMENTS 1. Construction shall meet the requiremer·ts for a "R" occunancv in Fire Zone #2 in the Uniform Building Code -1g73 Edition and the California Administrative Code -Title 19. -··------------------------------------ (/J_ <. -·-APR ~ 1978 IGN({UR~\E=----------------------0-AT-E------------- PA2019-073 · .. The Irvine Com~any. .. 550-Newport.C•nter Drive- . . Newport Beach, CA 92660 .. . • , ;. •. '; ~ • t ~ ■ ' • ,I _. ~ ~ ~ II; ~ I_ I f" I I I • I oli I -, . t • 4 ·; t f. • II I:.,-~ '• \sroa~way· Hal~•Stores -· 550 S. ·.· Flower Street \Los·Angeles, CA 90017 ' . , • , • • ! I I I ,i ~ f .• > • • I I ' • '> • • ' I 1 ♦ ' :·:carter Hawley Hale Store·s 550 S. Flower Street .Los Ang~les, CA 90071 ,. ( f 1' • ' ·. • I j , I f • , t I I • ( , • f i f .:· • f '· I ' I ,t ' ;F~shion Island Merchants .,As soc i a ti on .. James. McCoy, Pres. · 2 Fa s h i o.n I s l a n d . . Newoo.r:-t Be_ac_h,. G~ ... ~?.6fi.0 .... , t 1, ,.,I -1, ••,I•••,•·• I,,• I ,i, '" foll It I II It It•. , • o •' •• , • • t I t . , • , ~ • ,o I I I. f I I ' i • ~ I • • t ' ••,·•I PA2019-073 • • 'nc Co Irvi . Cnntcr Dr 550 Newport 1 Cl\ 92660 Newport Beac '• 16 19,22 AP 442-02l-l 4 , ' Irvine Co !!ale Stores B oadwny c/o r Street 550 S. FlowerCA Q0017 Los Anselas, 5 20 21 AP 442-021-1 • ' (?,,.,, ,q__,~ ,€> ,I/,,,,_ L c y ,,LL,_._,:: R .. ._.,,,.,..,. S.,... . • PA2019-073 s¢A CIIIJI ~7 51 1,1,:1,:;cH 1967 TllACf 1'10. 60/J PARCE'l MAPS -i , .... - ,,, ,, :1 "·_-. n.1 .. :. ••·..J#:: '" ?" '·"" , oa J ------~-----_) s.:JJ ~1c:,AS ----.. , ... , .. ~ NO. 6015 -----------·-------------;__----~-------J~4·t~----··· -----· I . ,1 NOTE. ASSESSOR? 111.0CJr • PAHC!t. NIJM8ERS SHOWN IN Clfl&LCS 0 PA2019-073 '· ·t--, . 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G ALL~RiA F: RM5 (12) DWG, ~oe Iii 309 ' ,, " " ,--,~-,...., rt , ...... *"' ,, ~ ~ ' \ cw , . ~ ,r r·· _:n1-, ,,,.'-: -~ .,o. . I • :;,, . , . I --~---;-'~-~ ♦, .... ~,-, ' .... .:,07-2. I I' • G.O.LLE..R1A •o ·.; :~ f l l l T i--··. l :,·. ". .. ----·-,/- 0 ':.,3· ,;·1µ:,~ ' ' ' Q pr~f. ·-. ,. ,I, ' I· ·,. ,, ; TROPHY COUTURE \ f='il ,, L~-1 · I j ' ' r:.·-~ • ♦ ;}01•1 ~--"3',. 3'~1· FUR· &Toe~· WORK ROOM W~G~.·- "TYf"91?.i,• tt,, ('. r\ -,. ' ·' f,j,\.(:. c.w, ' c.<N. (1,1.,.c.) . :_,, • I " ,,t--~•~"-=•--~ •0 I .:1 -, ,!.:.JI~ ..... .. . • " r: :·. • .,. ,• t:_. ... . . . { ~ ... -. , . .. ' :\\-... f.\<~~; . ' ' . ), ) ·,;, :we ' . ,- • I 9 Ct"P! ' '' 1'·4¼(' · 5· t) -, I , .... , . -·~ \VOME.N'5 SHOE" 's,,-OCI(. OOUe.\.11. . ':'11.CIC,E~ .\ I " ' r. ' . i ,-; . WORK CTR•T'(f"e D -I• - . I \ I I. "\ ·" 0 ""' C.,\1/, M,l,C. • +.,----1.~'-B" ~ •-~. .,~.-.-~-:-':"1-_.-,-,--.. C.HINA LJ L..J \....I L..J S1LVER \VAR&. ,, ' T ~' ' ti, . 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DE.TAIL ·1~8-l rPRA\V\'NG NU/AP.>eR. GENERAL NOTES l, AI.L APPL1EO e,ASES(Vt~'l'L. O~\tU~~E'<) ON CAJ!;ilN ST W'OR"' PE.Rl/f\ETe.1il' AND D FLOOR FIXTUR.ES, "IO,_e~ P.>YCAf,\>l!>T C0NTRACTOl.i!., · -- AU .. .APPLIE.O !!,ASE.S0NPERl/1\ETEI< \VAL.LS_. PARTITIONS A.No CCLUU\l-,\SAQ.E. l>'r 01'-l~l'S UNI.El,'; OT\leR\VISE. NoreD, '/., AU. ,:,e,ove CE.ILING SUPPORTS REQUl~ED FOR CAf11Nl:.T WORK OR /AETAL \VORK INSTAL.LATION 5HALI- ee ~ION--COt/\P.;iUSTl~E... · AL ... :"!,LOCKI HGS IN WALL.ANO PARTITIONS RE.QU\RED~ CA!31NiC.T\VOR:K OR //\1:T"AI.. \VORK IN 5TAsLATION TO e,e /AETAL ~ FtR.e. RE.TARCA.NTTR~iSC \\/COD \!IYCA&INETCONTRAC~i: · •,• . !.ALI.. e>LO.Cl<INGS ,.,.e,ovE.cao.-1;lG ~ · 5UPFCATJ., I-IAMGERS, E:.TC. JTO e;,E FURN!5HEDAND IN5TAL.U:O r,y . ==CTOR("l RE:.5PoN51P.>l.a ~-, _C.o-.f!,tNET \V0RI<. CR. IASTAL.. \\/ORl<, •. INSTAU.ATION, 4. COl•f(RACTOR TO Ve.RlFY ALL 1 •··. DID\Er-15IONS Al1D' .CONDITIONS OH,J0EJ. 1 O ANY DEVlt\1tOH FR"'/\ DE51C>tt QRA\Vl»;S :ro~E CALUID1t>De.e,1GNcl2'"ATTEHTION E P->E FOl<E PRQCe l=J:>IN~ 1\/i'IM J=Ae,J;I ICAT\0!4 6,CONTRACTOI'> 'll:> SUa,/\IT $HOP . DRAIVI r-105 r-o:,R ,APPROVAL. '.7. CONTRAG,0R TO 51.J\!>!'\IT FIN\:,rj 5A/APLe5 fi::;,Q APPROVAL ~\OR" .TO F.,._l':>RICATIOH·, SPECIAL ACRYLIC \VORK. :-' . owG,.. No.-Dl=.T,N0, . '20fl.' ELeV,. ,>~I I :20':> I . '204o " e.Lsv, :204s=. '2.10 4'7 ., '2.11 ... 7 2.13 e.LEV, SI '2.:,5 I ~?, '237 3~4 Rl:.\ll~ec, Cl;ILOll.Ei.J1 ~ P't?I '(.';,.!.., '~o•reaA "VEl'-<IETA COUTUR.E F. RMt;~· Ope.H.1NG PeLliiT!::D, Ne'V' Gi?60A~D PP.P:f!TIOl\4 CLO~Re. Gl:Wi»Ui.L Ja:"'W;ION';;, "-5'P£R SKE.lt:H~! Fl'TTlr,lGttMS, GOUTURe , C.ALL£1ttA t GAUl:RIA FeATU~e.f,li!,'?>'To !'!,;:fC.&.L E.L!~.1'2.0h\1, '204: RAISED 5(:r.£1::rJTO C:H 1 Lt,ti:E.H.S SHoc~:CMLTTE.0 S,Cli?ee'H ..Bi=AUTY 9,Al,.:o,J f'OR R~Vl5\0t-J, ~e.1=.. REV, N0•2 D\\l'G, NO. '2,Z-:Z; 6'E<Go'fAllf36N:C:! ... 1 RGl,C~e> Pw.,.,niRS#fv'J~ r,-15·78 \2·1.·17 ,. 10·2-JT -....... _ M'c.<, .. !,li, -.... ~~-- -. l'.)~11ef-ttrl'9'P.l.f--l f.f<'Mf:).~ Q:>~!p()FC ~rr ~OliC w-r. ,,:.1< •• l 6'10, Fel/1~0 P:~.flO 9,~-n Uf'o,i,:TJ!o ~,< A~f!ff,,l?VM N.C:! "!"'1-iRIJ ,-;:a I!, 6• Z.'2• TP. NO IE - ' ' • ., :, ~·, 1 l:-i:' t ,. • ' f·.· i 1, \._, r·: j I-r, r . ' ' mu· I,,• • f: ~ ... ~ .) ; lFPER LE\ltt · ,• ' • .. ~ . •·. '• . \, \ t --,- J ~-- OAft; ~ ~-.:\ f I: . ' H 7/22{77 :~J!C)ll .. ,.-,,~"•. . . -~. . ' ' -.P • • -~-~ ..... ~-:;:<ll(--. :. Kf:i'&hM PA2019-073 USI;. PERMIT APPLICATION CITY OF ?'.'EWPORT BEACH PI.ANNING DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3200 APPLICANT (Print) p,.., ,n·,.., C MAIUNGADDRESS 1aioo ,,,hi:!f,,~c Or,V<-JSnic. 3co ,.,t;,..,,:lt:tzKo, 11N'55:3l/3 PROPERTY OWNER N, , m,"s o !"lo.cc us, PHONE 7 JY-7 5<}-l'jco MAILING ADDRESS C~rl \),___-1::p-; Ccot,-]),;......,__ ,\Jty(td l.?rocb, (..+ qU(,() ADDRESS OF PROPERTY INVOLVED l?c--u:t. I Sa!•v at bft, ro?n Mar<'-'>> :;r- 1 ?l'iS-. &DJ ilfe,..porf 0r>7ir Drlt~-Ntwfui S,cul\,(1 i,:"I PURPOSE OF APPLICATION (descn"be fully) c,z., ' C-cc ':Hts b .. rwT , ,5-r 'c= J ZONE ____ PRESENT USE __________________ _ LEGAL DESCRIPTION OF PROPERTY INVOLVED (if too long. attach separate sheet): . :Rea,.,M,1 S:::,lcx, ~?c,,·,(, t2t..lat,,.....(_ fl/)cd-ri7 <S?v>42 , t:z?<i 21-"<(_)~ :::QC::H:s< .. • I ~ J ~ ===================================================== O\VNER'S AFFIDAVIT (I) (\Ve) f?<ui,,.c S::, lens -r;,tv a:,G,nesf T;-,c ~ and say that (I am) ~) the owner(s) of the propeny(ies) involved in this application. (I) e>:,funher certify, under penalty of perjury, that the forc.:going statements and answers herein contamed and the information herewith submitted are in all respects :rue and correct to the best of (my) ~owledge and belief. 7 NOTE: Signature(s) 6?¢7~ ~~ :x r:Plc-;;-c, / J An agent may sign for the owner if written authorization from the record owner is filed with the application. ===================================================== Date Filed DO NOT COMPLETE APPLICATION BELOW nns LINE ~ .I ~ ~p ~ ·.) t./ · q 't: Fee Pd. c.(7rJ -• Receipt No. f-'?;=Jb</3 Hearing Date _____________________________ _ Posting Date ___________ Mail Date ___ .;.. __ ,._, _________ _ (, r--- P.C Action _...:~::::o;,,~"-""'.s;s:::<,:::..;....,~~,!,,.;;·:.._ _________ Date ~5 ..... ·S..,....-_5J'.':\....,_ ______ _ i:.,;d'C-'~ ~'i"''J!-• Appeal --------------CC Hearing ___ Y_'ri __ · .,.."'_"_•_J'_..,_· '_&_'1_12..,:,.,? __ _ .• .. t.c u f!> • ':' --, C.C. Action ____________ Date _____ _.;.;•·:..,•..;~:;,,•...:...· ________ _ ,., bfl:'i .; ·; ..•. , . ..,· ... c 4 ;Jf'!CH ,.. 4 / I"! i,M1c Dfb'1!1J.i'lf' c,r,°'~,,~ "~7eo_±5 . . 8t4l't, PA2019-073 ROLL CALL • • MINUTES CITY OF NEWPORT BEACH Ma 5, 1994 s. 6. 7. 8. 9. That nil vehicular access to the property IJe fro,91 the adjacent alley unless otherwise approved b.v the City Council. / That overhead utilities serving the site b unde1·grounded to the nearest appropriate pole In nee ance with Section 19.24.140 of the Municipal Code unj s it Is determined by the City Engineer that sucz1 under rounding Is unreasonable or lmprncticnl. Tiinl n park dedication j e for one dwelling unit shall be paid In accordance itf1 Chapter 19,50 of the Municipal Code, That Coastal ommlssion approval shall be obtained prior to the rec ilation of the parcel map. Tha lis resubdivision shall expire if the map has not been r on.led within 3 years of the date of approval, unless an xtension is grunted by the Planning Commission. • • • Use Permit No. 3529 {Public Hcarinc) Request to permit the continued operation of an existing massage estuhlishment In n beauty salon within the Neiman Marcus Department Store, on property located in the Fashion Island Planned Community. LOCATION: ZONE: Parcel I of Parcel Map 67 /2-3 (Resubdivislon No. 466) located 111 601 Newport Center Drive, on the southerly \lide of Newport Center Drive, between Santa Cruz Drive and Santa Rosa Drive, in Fashion Island. P-C -5- INDEX Item No,2 UP3529 l\pprovod PA2019-073 ROLI,CALL ,_ , ... '. ,,: .,t,:_. •'•'• ~ :•): L ~-ifiiJ : < .' _. • , .. , .... ,~,. , ... • • MINUTES CITY OF NEWPORT BEACH May S. 1994 APPLICANT: OWNER: Premier Salons International, Inc., Minnetonka. Minnesota Neiman Marcus, Newport Beach The public hearing was opened In connection with this Item. There being no one to appear before the Planning Commission, the public hearing was closed at this time. , Motion was made and voted on to approve Use Permit No. 3S29 subject to the findings and conditions In Exhibit "A". MOTION CARRIED. FJNQJNGS: 1. Timt the existing massage establishment Is In conformance with all applicable provisions of Chapter S.SO and Chapter 20.68 of the Newport Dench Municipal Code. 2. Timt the project Is consistent with the General Pinn und Is compatible with surrounding fund uses. 3. Timt the Police IJepartment has Indicated that there urc not any police problems associated with the subject operarlon. 4. That the continued operation of the existing massage establishment will not be contrary to the public Interest or injurious to nearby properties, and that the location re,1uirements for massuge est:ihllshments will he observed. S. The approval of Use Permit No. 3S29 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working In the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. -6- INDEX PA2019-073 • • MINUTES CITY OF NEWPORT BEACH I ~~•m ----i-1-1-1--l--+-+-+---------------------~=t_;..!~~- ·. ROLLCALL . .'. ' ·,· 1J.;iJ~(/i,,\~:-. CONDITIONS: 1. That the existing mussage establishment shall be In substantial conformance with the approved floor plan. 2. That the hours of operation shall be limited between the hours of 7:00 a.m. and 11:00 p.m. dally us provided In Char1 .. r 5.50 of the Munlcipnl Code. 3. Thul 1111 applicable requirements of Chapter 5.50 shall be ft:lfilled. 4. Thal all signs shall conform to the applicable provisions of Chapter 20.06 of the Municipal Code. 5. That the Planning Commission muy ndd to or modify conditions of npprovul to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination tlmt the operation which Is the subject of this Use Permit, causes Injury, or Is detrimental to the health, sarety, peace, morals, comfort, or general welfare of the community, or that the massage operator or any massage: technician Is found to be in violation of any condition of said use permit or any other provision of Chapters 5.50 or 20.68 of the Municipal Code . • • • ':A<:cI,;afOc s1u!ly No. 93 (Ccuuinncd Public llcildoi:l Requ~rnfflc..,\\Ud) for u proposed McDonald's take-out restaurn'll facility; ai'ru--th • cceptunce of an environmental dncumcnl. AND .7. J ND EX Itorn No. J TS9J UP3516 Cont'd to 5/19/94 • PA2019-073 '_/;;Ft'1 ·.,,dl J·v ,·,1 ' TO: FROM: SUBJECT: IJi,.1! .J J','\l ,ol (:.,1,,, ·, -,, OOCATION:. 11/iw "',,. , ZONEi' 10 ,,._1\: :, APPLICANT: lJ; J,,·,:,:/.-, il·, OWNER: ,<. 1-:) •id i , , . AlipUcntloo' ; '.:.1!11 lo-'.' • Planning Commlon Meeting May 5. 1994 Agenda Item No. -~2"'-- Cl1Y OF NEWPORT BEACH Planning Commission Planning Department Use Permit No. 3529 (Puh)lc Henclm:) Request to permit the continued operation of nn existing mn.~sage establishment Inn beauty sal.on within the Neiman Marcus Department Store, on property located In the Fashion Island Planned Community; ' ' · Parctl 1 or Purce! Mnp 67/2·3 (Resubdivislon No. 466) located nl 601 Newport Center Drive, on the southerly side of Newport Center Drive, between Santo Cruz Drive and Santo Rosa Drive, in Fashion Island. P-C Premier Salons lnternatlonnl, Inc., Minnetonka, Minnesota Neiman Marcus, Newport Bench Thls"npplli:titlon Involves a request to permit the continued operation of un existing Independent massage establishment In a beauty salon, located on property in the Fashion Island Planned Community. In accordance with Section 20.68.025 of the Municipal Code, ln'dependent massage establishments are a permitted use In the commercial ureas of Planned Communities, subject to the approval of a use permit In each cn.~e. Use permit procedures nre sci forth In Chapter 20.80 of the Munlcipnl Code. ,., ·. Enylronmeotul 5hmi0cance This project hns ber.n reviewed, and it hns been determined that it is categorically exempt from the requirements of the Callfornht Environmental Quality Act under Class I (Existing Facilities). !1: PA2019-073 TO: , "' r 1 · ,_., "-.... _ l ~ _,t~ ,. • 1 : . Pla.ng Commission -2. • Con(ormance with the General Piao The Land Use Element of the Genen1t Plan designates the site for "Retail and Service Commercial" uses. The subject project is a permitted use within this designation subject the approval of a use permit In each case. Sub(ect Property nnd SurroundioK Land Uses The subject property is currently the site of the Neiman Marcus Department Store located within the Fashion Island Planned Community. Adjoining properties are used for off-street parking and retail commercial uses within Fashion Island. l111ck11cmmd ., ' 111".JirlJ !,,,,·,.{ ! , Q,n. 1M11rc'1 25, 1992, the City's Massage Establishment Ordinance went Into effect, Said Ordinance Instituted provisions wit! 1n Title 20 of the Municipal Code (Zoning Code) for tho, ~~t11blfshment or mnssage facllltl.:is within the City of Newport Bench. Said provisions ~.r11 sqt fqr.th In Chapter 20,68 or the Municipal Code and summarized below: , I,'[ f'. i ,-1 f I'.:, , ' Massage establishments which arc operated as an ancillary use In conjunction with an approved health club, athletic club, gym, or hotel which Is or wlll be operated pursuant to an approved use permit; or In conjunction with a medical office or chiropractic office which Is regulated by State Jaw, shall be permitted In any District where the primary use Is permitted. All other massage facilities are considered as Independent massage establishments and are subject to the following: 1. Independent massage establishments shall be permitted In the C-0, C-1, C-2 and M-1-A Districts, the RMC and RSC Districts, the commercial areas of P-C Districts and the commercial areas of the SP-4 (Newport Shores Specific Plan) and SP-5 (Mariner's Mlle Specific Plan) Districts, subject to the securing of a use permit In each case. 2. Independent massage establishments shall not be permitted within 500 feet of any public or private school, park or playground, civic cultural site or church site; or within 500 feet or any other massage establishment unless otherwise waived by the Planning Commission. 3. Existing Independent massage establishments which are not In compliance with the provisions of this Ordinance shall, within one year after the effective date of the Ordlnnnce, terminate all aspects of such business not in compliance with these provisions, unless said use Is otherwise extended by the Plnnning Commission for one additional year. PA2019-073 TO: Pia.lg Commission • 3. • \s'\ Analysis I \\ ,:•1 · ··:. The applicant has rece111tly purchased the existing beauty salon within the Neiman Marcu~ Department Store whlc'h has Included an ancillary massage activity for the past nine years. As shown on the attached floor plan, the overall square footage of the beauty salon is approximately 1,900 :t square feet; however, the square footage devoted to massage activity Is limited to a single room containing 73 ± square feet of floor area. The hours of operntlon of the salon are from 10:00 a.m. to 6:00 p.m., dally, and massage service will be available by appointment during ail llours of operation. At present, there Is no massage technician working from the facility; however, the reestablishment of the massage activity Is anticipated. TIiie s CompHnnce In addition to the Title 20 requirements mentioned above, Title 5 of the Municipal Code (Business Licenses and Regulations) also include5 provl~lons for the review and approval of operator permits, massage technician permits, and requirements for operation of mass.ilJe establishments. On March 23, 1992, the City Council adopted revisions to Chapter 5.50, "Massage Establishments" of the Municipal Code which became effective on April 22, 1992. Based on Its review of the subject application, the Business License Office has determined that the applicant's facility is In conformance with applicable provisions of Title 5 of the Municipal Code. Tite Police Department has also indicated that the applicant has not been cited for any violations. Offstreet Pnrkloi: Requirement Based on the commercial parking requirement of one parking space for each 250 square feet of floor urea, the existing salon, Including the massage activity, would require 8 parking spaces. Inasmuch us the subject business Is located within Fashion Island, required parking for individual businesses is provided by means of reciprocal parking arrangements which allow the shared use of some 5,900 parking spaces located in Fashion Island. Spccmc Eindioi:s Section 20.80.060 of the Newport Beach Municipal Code provides that In order to grant any use permit, the Planning Commission shall find that the establishment, maintenance or operation of the use or building applied for will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working In the neighborhood of such proposed use or be detrimental or Injurious to property and improvements in the neighborhood or the general welfare o{ the City. Should the Planning Commission wish to approve this application, appropriate findings and conditions are set forth In the allachcd Exhibit "A". Staff has not Included an exhibit for denial inasmuch as the proposal is in conformance with the provisions of Title 20 of the Newport Beach Municipal Code. However, the possibility PA2019-073 remains that Information may arise at the public hearing which may justify the Planning Commission's denial or the subject application. ,r·11; '_, r' 0 /l l ?I f:1.,)1, · .'l\11.· PUANNINO DEPARTMENT JAMES D.' HEWICKER, Director Attachments:, ! : Exhibit "A" 1,.vinq,,,. !n11. ,,., -•,, Site Plan and-Vlclnlty Map -~J;p,-;n,:1;1 i,) 11,.,·1 Floor,PJan ,O(.t 1·.111/1:1r 1 1 .~PPf ,'.:. l,1,;/ f;-_;/ll!fl I ,I 'id! 11 •:/ ll ,' ' , , ii, :1 PA2019-073 I (t J, t ) . r· ··¥ ... I I . l · . ' f ', , ;l~nlg Commission·. 5. ' EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR USE PERMIT NO. 3S29 FINDINGS: 1. 2. 3. 4. I I ! i I , i ,S. . ' That the existing massage establishment is in conformance with all applicable provisions of Chapter 5.50 and Chapter 20.68 of the Newport Beach Municipal Code, That the project Is consistent with the General Plan and Is compatible with surrounding land uses. That the Police Department has Indicated that there are not any police problems associated with the subject operation. That the continued operation of the existing massage establishment will not be · contrar, to the public Interest or Injurious to nearby properties, and thnt the location requirements for massage establishments will be observed. U\',, oJ 1.1:i' I J•l••.'J The approval of Use Permit No, 3S29 will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or Injurious to property and Improvements In the neighborhood or the general welfare of the City. ' I ·-·-· ·~•·. CONDITIONS: i 1. 2, 3, 4. s. That the existing massage establishment shall be In substantial conformance with the approved noor plan. That the hours of operation shall be limited between the hours of 7:00 n.m. and 11 :00 p.m. daily as provided in Chapter 5.50 of the Munfclpul Code. Tliat all applicable requirements of Chapter 5.50 shall he fulfilled. That nil signs shall conform to the applicable provisions of Chapter 20.06 of the Municipal Code. That the Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes Injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfnre of the community, or that the massage operator or any massage 1 \'. technician is found to be In violation of any condition of said use permit or any other · provision of Chapters 5.50 or 20.68 of the Municipal Code. l PA2019-073 - "- UOl:ND • e-•··-.. ··--··- VICINITY MAI' . . I: PA2019-073 :Sr '·• • . , ' • • llTiuTr . ':•~ ' c:--. . . . I I • ·-.,... . , .. • . . t. . 1 . ,,.41!' . .. . • . ' ' . ; -.....,._-;==:::::;::==:::::::::::::::::_ .. :=_,::: .. -·~-=.--.:...:.__~~...;.. : :;¥.•·I. 'Pr. .... ,.~~ .. _..._ ~ :: : .:· .. -;':!X)± ~rr. ·. )~At,}fa1::. . . . , ., ; ,;;..-, .. • PA2019-073 ', l -·~~·\tf.:;/\ ·, .·. •!\ .. • .. :·· :. :. • . ,· "' •• J~~~" · .-UCE QF PUBLIC HEARING 'r·.,· • • ,l-.t. · .. •. Notice Is hereby given that the Planning Commission of the City of Newport Beach will hold a public ,,,!, hearing on the application or Pr:emh:c SnJons IntemnUonaf, foe. for Use Pennlt No, 3512 on property ::. ·. located at 601 Newport Center Drive. Request 10 establish 10 1,crmlt the continued operation or oo exlstfoi: Independent mn.,sni:c establishment within the Nieman Marcus Department Store, on propeny located io the fashion Jslc.nd Planned Community. This project has been reviewed, and it hos been determined that It Is categorically exempt under the requirements of the California Envlronmen1at Quality Act. Notice Is hereby further given Iha! said public hearing will be held on the $11 day of Mgy 1994. at . the hour of 2!JD p.m. In the Council Chambers of the Newport Bench City Hall, 3300 Newport Boulevard, Newport Beach, California, al which lime and place any and all persons Interested may ippear and be heard thereon. If you challenge this project In court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In this notice or In written correspondence delivered to the City 111, or prl11r lo, the public hearing. For Information call (714) 644-3200 • . Anne Olfford, Secretary, Planning Commission, City of Newport Dench. NOTE1 The expense of this notice Is paid from a filing fee collected from the applicant. PA2019-073 • The Irvine Company 550 Newport Center Or. Newport Beach, CA 92658-8904 Fashion Island Mgmt. 600 Newport Center Dr. NA Newport Beach, CA 92660 Gayle Dvorak/Neiman Marcus 601 Newport Center Dr. Newport Beach, CA 92660 Newport Center Assoc. c/o Lisa Reedy, Exec, Dir. 180 Newport Center Or., #180 Newport Beach, CA 92660 Newport Center Assoc. c/o Newport Center Or., 1180 U sa Heedy, lxec. Of r Newport Beach, CA 92660 • The Irvine Company 550 Newport Center Dr. Newport Beach, CA 92658-8904 Fashion Island Mgmt. 600 Newport Center Or, #A Newport Beach, CA 92660 I , Gayle Dvorak/Neiman Marcus 601 Newport Center Drfve Newport Beach, Ci\· 92660 , , .. ,. ·'· .. PA2019-073 ·' '·,; · .... VICINITY MAP . . PAAKINO 5PACU, ___ ., .. ,._ .. , ·-......... _, ___ ... ·--·---' ---··---· .... ii,,;;;.;.·••·i ----- LCotNO ®-·-·--··· . ' ;' ' I' SITE PLAN FOR :.__• . -··· FASHION ISl AND RENAISSANCE AT NEWPORT CENTER NEWPORT BEACH , CALIFORNIA I . I , ...... I·•~ I: ~---.. ----...... __ - PA2019-073 -~. {_ '! _-::_::_'==:-::. =ss:::::,;:::::::.....;,_~ " • "" ,, -' . rr-~--·'J I ~ r l-....=--·• . . i .. !~ ·1:r===::.'h:=i I { ., i - -.-=.,..·==c..:=.:== _JI -·x, ·------. ·:·11:--.:::=::::a lr,\_J LI.I .... ~ -.,.,.J I < ltl ·, ·f: r • .-. :•:-.· .\ -~· ; t . . . . . ...-. . -;: .. ~ .. --. .,,.....,... . u ~ ..J, 1•= ____. __ I ..... ✓ ... . i ·, ' I I ' • ~ . .... • ? ' ,:' .. ,· ' . .-- C [---(.5 ..... 2; ........ t t:.~ -= 11 1- IJJ it :.'1- IL" . '.;?t$• I.Pr. . : . ::::> i~ r• z ~ ~ . __, -""'· ,, 0 I' ~ ?: -..,, "" -' . ~ ., U .. ~ ~ -~-d ~ (.J ... ---; -...... - --- r PA2019-073 Zoning Compliance Appli(ffllitln Community Development Department DEVELOPMENT Planning Division APR 2 6 20\9 100 Civic Center Drive/ P.O. Box 1768 / Newport Beach, CA 92658-8915 · PROPERTY OWNER($) (949)644-3204 Telephone/ (949)644-3229 Facsimile www.newportbeachca.gov NAME Irvine Company ADDRESS 550 Newport Center D·rive CITY, STATE Newport Beach, CA EMAIL information@irvinecompany.com PHONE NO. I FAX NO. 949-720-2000 APPLICANT(S)/CONTACT(S) NAME Kyle Harris/ National Due Diligence Services ADDRESS 3191 Maguire Blvd, Suite 200 CITY,STATE Orlando, FL EMAIL PHONE NO. I ZIP CODE 92660 I ZIP CODE 32803 kharris@ndds-zoning.com · 407-426-7979 ext. 138 I FAX NO. 407-426-9741 SITE/PROJECT ADDRESS 601 Newport Center Drive, Newport, CA 92660 INFORMATION REQUEST Please Check the box(es) next to the requested information ~ Current zoning/General Plan designation of the property Iii Overlay district Iii Abutting Zoning/General Plan designation □ Discretionary Approvals □ Legal nonconforming uses or structures □ Developed with Site Plan approval ASSESSOR'S PARCEL NO. 442-021 .. 13 □ Other (attach additional sheet(s)) if necessary:. ______________ _ DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY Date Received: 4-'?..fp ... )(f Fee Paid: Form of Payment: I Check No. Receipt No. Planner I Ext. Remarks: fA '?,.Q,~ ~ O°tJJ Target Date: Date Completed Date Mailed: F:\Users\CDD\Shared\Admin\Planning_Division\Appilcations\Zoning Compliance\lnfo&App.docx Updated 3/11/13 PA2019-073