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HomeMy WebLinkAbout20210402_Zoning Compliance Letter 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 April 2, 2021 Reference No. PA2021-073 AEI Consultants Rochelle Owens rowens@aeiconsultants.com RE: 2201 West Coast Highway, Newport Beach, CA 92663 APN 049 150 16 Dear Rochelle Owens: The above referenced property is currently located within the Mixed-Use Water (MU-W1) zoning district and designated as Mixed-Use Water 1 (MU-W1) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. The abutting property to the north - across West Coast Highway - is within the Mixed-Use Mariners’ Mile (MU-MM) zoning district and the General Plan land use is designated Mixed-Use Horizontal 1 (MU-H1). The properties to the east and west are zoned MU-W1 and have a MU-W1 land use designation under the General Plan. To the south of the property is the Newport Bay. 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 Uses and Structures) of the Newport Beach Municipal Code. Research of the permit and entitlement history of the property verifies there have been no discretionary approvals acquired from the City of Newport Beach Planning Division. Page 2 Zoning Compliance – PA2021-073 Tmplt: 08-15-176 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 pachis@newportbeachca.gov, 949-644-3237. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: Aerial Map Excerpt of Table LU1 of the Land Use Element of the General Plan Municipal Code Section 21.22.020: Table 21.22-2 Allowed Uses Figure LU9 of the Land Use Element of the General Plan 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: 4/2/2021 0 833417 Land Use Element Newport Beach General Plan 3-15 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity Mixed-Use Horizontal 4—MU-H4 The MU-H4 designation applies to properties where it is the intent to establish the character of a distinct and cohesively developed district or neighborhood containing multi-family residential with clusters of mixed-use and/or commercial buildings in such locations as the interior parcels of Cannery Village and 15th Street on Balboa Peninsula. Permitted uses include (a) Multi-Family Residential, (b) General or Neighborhood Commercial, and/or (c) Mixed-Use structures, where the ground floor shall be restricted to nonresidential uses along the street frontage such as retail sales and restaurants and the rear and upper floors used for residential including seniors units and overnight accommodations (comparable to MU-V). Mixed-use or commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels. Mixed-Use Buildings: floor area to land area ratio of 1.5, where a minimum floor area to land area ratio of 0.25 and maximum 0.5 shall be used for retail uses and maximum of 1.0 for residential. Commercial only: floor area to land area ratio of 0.5. Multi-Family Residential only: 20.1–26.7 units per net acre. MIXED-USE WATER RELATED—MU-W The MU-W designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential. Mixed-Use Water 1—MU-W1 The MU-W1 designation is applied to waterfront locations along the Mariners’ Mile Corridor in which marine-related, visitor-serving, commercial and residential uses are intermixed with buildings that provide residential uses above the ground floor. Permitted uses include those permitted by the CM, CV, Multi-Family Residential (MFR), and Vertical Mixed-Use (MU-V) designations. A minimum of 50% of the permitted square footage shall be used for the CM or CV land uses. No more than 50% of the waterfront area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed-use structures. A master or specific plan shall be required to ensure that the uses are fully integrated and impacts from their differing functions and activities are fully mitigated. Mixed-Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and the number of residential units shall not exceed the cumulative total for Multi-Family Residential specified below. Commercial only: floor area to land area ratio of 0.5. Multi-Family Residential only: 12 units per acre, with the number of units calculated based on a maximum of 50% of the property. 4/2/2021 Chapter 21.22 MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2122.html#21.22 1/4 TABLE 21.22-2 ALLOWED USES Mixed-Use Coastal Zoning Districts A — Allowed Not Allowed * Land Use MU-W1 (3)MU-W2 (5)Specific Use RegulationsSee Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. Industry, Manufacturing and Processing, Warehousing Uses Handicraft Industry A A Industry, Marine-Related A A Research and Development A A Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities Small—5,000 sq. ft. or less (religious assembly may be larger than 5,000 sq. ft.) A A Commercial Recreation and Entertainment A A Cultural Institutions A A Parks and Recreational Facilities A A Schools, Public and Private A A Residential Uses Single-Unit Dwellings Located on 1st floor —— Located above 1st floor A (1)A (2) Multi-Unit Dwellings Located on 1st floor —— Located above 1st floor A (1)A (2) Two-Unit Dwellings Located on 1st floor —— Located above 1st floor A (1)A (2) Home Occupations A A (2) Care Uses Adult Day Care Small (6 or fewer)A A Child Day Care 4/2/2021 Chapter 21.22 MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2122.html#21.22 2/4 TABLE 21.22-2 ALLOWED USES Mixed-Use Coastal Zoning Districts A — Allowed Not Allowed * Land Use MU-W1 (3)MU-W2 (5)Specific Use RegulationsSee Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. Small (8 or fewer)A A Day Care, General —A Retail Trade Uses Alcohol Sales (off-sale)A A Alcohol Sales (off-sale), Accessory Only A A Marine Rentals and Sales Boat Rentals and Sales A A Marine Retail Sales A A Retail Sales A A Visitor-Serving Retail A A Service Uses—Business, Financial, Medical, and Professional ATMs A A Emergency Health Facilities/Urgent Care —A Financial Institutions and Related Services (above 1st floor only) A A Offices—Business A A Offices—Medical and Dental (above 1st floor only) —A Offices—Professional A A Service Uses—General Animal Retail Sales A A Artists’ Studios A A Eating and Drinking Establishments Accessory Food Service (open to public)A A Fast Food A A Food Service A A Take-Out Service—Limited A A Health/Fitness Facilities 4/2/2021 Chapter 21.22 MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2122.html#21.22 3/4 TABLE 21.22-2 ALLOWED USES Mixed-Use Coastal Zoning Districts A — Allowed Not Allowed * Land Use MU-W1 (3)MU-W2 (5)Specific Use RegulationsSee Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. Small—2,000 sq. ft. or less A A Maintenance and Repair Services A A Marine Services Boat Storage A A Boat Yards A A Entertainment and Excursion Services A A Marine Service Stations A A Water Transportation Services A A Personal Services Massage Establishments A A Massage Services, Accessory A A Nail Salons A A Personal Services, General A A Personal Services, Restricted A A Smoking Lounges —— Visitor Accommodations Hotels, Motels, Bed and Breakfast Inns, and Time Shares A A Transportation, Communications, and Infrastructure Parking Facilities A A Communication Facilities A A Heliports and Helistops (4)A A Marinas Chapter 21.30C Marina Support Facilities A A Utilities, Major A A Utilities, Minor A A Wireless Telecommunication Facilities Chapter 21.49 Other Uses 4/2/2021 Chapter 21.22 MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach21/NewportBeach2122.html#21.22 4/4 TABLE 21.22-2 ALLOWED USES Mixed-Use Coastal Zoning Districts A — Allowed Not Allowed * Land Use MU-W1 (3)MU-W2 (5)Specific Use RegulationsSee Part 7 of this Implementation Plan for land use definitions. See Chapter 21.12 for unlisted uses. Accessory Structures and Uses A A Outdoor Storage and Display A A Personal Property Sales A A Special Events A A Section 21.52.035(D) Temporary Uses A A * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular coastal zoning district, are not allowed, except as otherwise provided by Section 21.12.020 (Rules of Interpretation). (1) May only be located on lots with a minimum of two hundred (200) lineal feet of frontage on Coast Highway. (2) May only be located above a commercial use and not a parking use. (3) A minimum of fifty (50) percent of the square footage of a mixed-use development shall be used for nonresidential uses. (4) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. (5) Visitor-serving and recreational uses shall be given priority on Balboa Island and the Balboa Peninsula. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) !77 !55 !76 !59 !79 PF PF PF PF RS-D RS-D CG RM RM8 du 0.5 RT 0.5 0.5CM MU-W1 MU-H1 0.5 MU-W1 RM PR CO-G PFMU-H1 C G RS-D CO-G CG 20 /ac PI 0.3PI 0.5 CO-G0.25 RT RT 20 /ac 0 .3 0.3CG RS-D PR 39 duRM PF PR PR RT RT PI0.5 CV CG 0.3 CV0.5 MU-W2 NEWPORTWEST HIGHWAY BLVD SANTATUSTINIRVINEDOVERDRIVEMARINERSDEVONOXFORD WESTCLIFF CAPE WOODBURYCAPEDANBURY CAPEA N D O V E RCASTAWAYSNORTH CASTAW A Y S LNSHERINGTON PL SEA GULL LNWESTCLIFF DR BUCKINGHAM LNCORNWALL LN BEDFORD LNRUTLANDRD LNKENT PEMBROKELNLNCUMBERLANDLN ST J A MES R DST JAMESPLKI N G S PL KINGS R O A DSIGNALRDRDHARBORSNUGRDPIRATEDRIVE STANDREWSRDSHORE BAY D RDRCIRCLEDRARBORWAVERLY D R DRVISTA D R C R E S T V I E WMARINO DR S TCLAY HAVEN PL PL CORAL IRVINEAVEAVEFULLERTONAVEALISOAVEELMODENABEACON STCLIFF LAUREL PL HOLLY LN MARGARET DR 15TH STREET STREET TUSTINAVEAVON ST OCEANVIEWAVE P A RKPLRIVERSIDEAVEAVEREDLANDSSANBERNARDINOAVEDR C L I F F AVON S TDRLAJOLLA DRCATALINACLAY HOLMWOODDRAVEWESTMINSTERSTBROADAVEBOLSAOLDNEWPORTBLVD R D HOSPITAL RD WYPATRICE HILARIA FLAGSHIPRDDANA RDPLACENTIA STREET STREET AVE AVE 3 2 n d S T R E E T 30THS T R E E T S T OPORTOVIA LID O VIA LID O PA R K D R SUSSEX16 TH STREET 16TH PLACE LENWOOD DRIVE CAMBRIDGE CIR OGLE STREET OGLE CIR LENWOOD CIR16TH STREET RAMONA WAYLA PERLE PLACELA PERLE LANE RAMONA PL REDLANDS PLACERIVERSIDE PLACESANBERNARDINO PLACEWESTMINSTERAVENUEKNOX PLACEKNOX STPALMER ST OGLE STREET 16TH PLACE SEA HORSECIRH2 H3 B5 H4 H1 C2 C1 J2 !77 !55 !76 !59 !79 PF PF PF PF RS-D RS-D CG RM RM8 du 0.5 RT 0.5 0.5CM MU-W1 MU-H1 0.5 MU-W1 RM PR CO-G PFMU-H1 C G RS-D CO-G CG 20 /ac PI 0.3PI 0.5 CO-G0.25 RT RT 20 /ac 0 .3 0.3CG RS-D PR 39 duRM PF PR PR RT RT PI0.5 CV CG 0.3 CV0.5 MU-W2 NEWPORTWEST HIGHWAY BLVD SANTATUSTINIRVINEDOVERDRIVEMARINERSDEVONOXFORD WESTCLIFF CAPE WOODBURYCAPEDANBURY CAPEA N D O V E RCASTAWAYSNORTH CASTAW A Y S LNSHERINGTON PL SEA GULL LNWESTCLIFF DR BUCKINGHAM LNCORNWALL LN BEDFORD LNRUTLANDRD LNKENT PEMBROKELNLNCUMBERLANDLN ST J A MES R DST JAMESPLKI N G S PL KINGS R O A DSIGNALRDRDHARBORSNUGRDPIRATEDRIVE STANDREWSRDSHORE BAY D RDRCIRCLEDRARBORWAVERLY D R DRVISTA D R C R E S T V I E WMARINO DR S TCLAY HAVEN PL PL CORAL IRVINEAVEAVEFULLERTONAVEALISOAVEELMODENABEACON STCLIFF LAUREL PL HOLLY LN MARGARET DR 15TH STREET STREET TUSTINAVEAVON ST OCEANVIEWAVE P A RKPLRIVERSIDEAVEAVEREDLANDSSANBERNARDINOAVEDR C L I F F AVON S TDRLAJOLLA DRCATALINACLAY HOLMWOODDRAVEWESTMINSTERSTBROADAVEBOLSAOLDNEWPORTBLVD R D HOSPITAL RD WYPATRICE HILARIA FLAGSHIPRDDANA RDPLACENTIA STREET STREET AVE AVE 3 2 n d S T R E E T 30THS T R E E T S T OPORTOVIA LID O VIA LID O PA R K D R SUSSEX16 TH STREET 16TH PLACE LENWOOD DRIVE CAMBRIDGE CIR OGLE STREET OGLE CIR LENWOOD CIR16TH STREET RAMONA WAYLA PERLE PLACELA PERLE LANE RAMONA PL REDLANDS PLACERIVERSIDE PLACESANBERNARDINO PLACEWESTMINSTERAVENUEKNOX PLACEKNOX STPALMER ST OGLE STREET 16TH PLACE SEA HORSECIRH2 H3 B5 H4 H1 C2 C1 J2 STATISTICAL AREASH1 - H4 CITY of NEWPORT BEACHGENERAL PLAN Figure LU9 Industrial Districts Commercial Office Districts General Commercial OfficeCO-G Medical Commercial OfficeCO-M Regional Commercial Office Public, Semi-Public and Institutional Private Institutions Single-Unit Residential Attached Single-Unit Residential Detached RS-A Residential Neighborhoods RS-D Two-Unit ResidentialRT RS-A Multiple-Unit Residential Detached Multiple-Unit Residential RM-D RM Commercial Districts and Corridors General Commercial Recreational and MarineCommercial Neighborhood Commercial CN Corridor CommercialCC CG CV Visitor Serving Commercial CM Regional Commercial CR Airport Supporting Districts Airport Office and Supporting UsesAO Mixed -Use Districts Mixed Use VerticalMU-V Mixed Use HorizontalMU-H Mixed Use Water RelatedMU-W IndustrialIG Public FacilitiesPF Open Space PR Parks and Recreation OS City of Newport BeachBoundaryStatistical AreaBoundary Land Use Delineator Line Refer to anomaly table Tidelands and Submerged LandsTS H1 CO-R PI 0 450 900225 Feet LU9_NP_Heights.mxd 08/09/2017 2010-21 GP2008-001 PA2008-047 03/09/2010 Established Anomaly Number 76 - 1.0 FAR permitted, providedall four legal lots are consolidated into one parcel to provide unified site design. CC Resolution No.GPA No.Project No.Adopting Date Description 2010-104 GP2010-004 PA2010-052 09/04/2010 Changed MU-H1 to CV 0.5 for property located at 2300W. Coast Highway; Modified Anomaly 59 MU-W to designatethe residential portion of the Balboa Bay Club; and changedto CV from MU-W1 and Established Anomaly 77 to designatethe resort portion of the Balboa Bay Club.2011-86 GP2010-009 PA2010-114 08/09/2011 Established Anomaly Number 79 - to increase the allowableFAR for the project site from 0.5 FAR to 0.68 FAR. *California Coastal Commission Approval CC Resolution No.GPA No.Project No.Adopting Date Description 2013-34 GP2011-008 PA2011-179 04/09/2013 (11/15/2013*)Changed RM to MU-W2, 1 DU for the property located at 2890Bay Shore Drive and change RM 20 DU/AC to RM 39 DU for the property located at 2888 Bay Shore Drive *California Coastal Commission Approval2016-124 GP2016-002 PA2016-127 11/22/2016 (08/09/2017*)Changed PF to MU-H1 for the property located at 191Riverside Avenue.