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HomeMy WebLinkAbout20210507_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 May 7, 2021 Reference No. PA2021-074 Planning and Zoning Resources c/o: Sheneetra Scroggins 1300 S. Meridian Ave, Suite 400 Oklahoma City, OK 73108 RE: 800 – 984 Avocado Avenue, Newport Beach, CA 92660 APN: 442 272 05 Dear Ms. Scroggins: The above referenced property is currently located within the Planned Community Newport Village (PC 27) and designated as General Commercial (CG) 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 properties to the north are zoned PC 28 (Newport Village) and have a General Plan land use designation of Public Facilities (PF). The properties to the east are residential and include multiple zoning districts such as Single Unit Residential, PC 34 (Point Del Mar), and Multiple Residential (RM) with General Plan land use designations of Single Unit Residential Detached (RS-D) and Multiple Residential (RM). The properties to the south are zoned Commercial Corridor (CC) with the General Plan land use designation of Corridor Commercial (CC). The properties to the west are zoned PC 17 (Corporate Plaza Planned Community) with the General Plan land use designation of Regional Commercial Office (CO-R). 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. Page 2 Zoning Compliance – PA2021-074 Tmplt: 08-15-176 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. Please contact the Planning Division for further details on any discretionary application or for a copy of the discretionary action: • Emergency Temporary Use Permit No. UP2020-140 (PA2020-241). Approved on August 20, 2020. To allow outdoor operations for GLO Nail Bar and expand the outdoor dining areas for Tommy Bahama. The amended emergency temporary use permit supersedes Emergency Temporary Use Permit No. UP2020-085 (PA2020-170). • Emergency Temporary Use Permit No. UP2020-085 (PA2020-170). Approved on July 17, 2020. To allow the temporary expansion of the existing Tommy Bahama outdoor dining area into existing private walkways within the shopping center. The amended emergency temporary use permit supersedes Emergency Temporary Use Permit No. UP2020-025 (PA2020-097). • Emergency Temporary Use Permit No. UP2020-025 (PA2020-097). Approved on June 30, 2020. To allow the temporary expansion of the existing Tommy Bahama outdoor dining area into existing private walkways within the shopping center. • Use Permit No. UP2018-007 (Amendment to UP3623) - (PA2018-156). Approved on July 19, 2018. To allow interior and exterior alterations to the existing eating and drinking establishment. Interior alterations include reconfiguring the seating arrangement of the interior dining room and bar area and moving the restrooms and entry area. Exterior alterations include removing the existing front patio, enlarging and providing a trellis patio cover over the rear patio, and exterior facade improvements. Condition No. 5 of the Use Permit No. UP3623 requires the seating arrangement to match the floor plan as approved. The proposed seating plan includes 250 seats where 283 are allowed by the existing approval. No increase to the gross floor area or net public area is proposed and the parking requirement does not change. No changes are proposed to the existing hours of operation, which are 11: 00 a.m. to midnight, daily, for the interior of the restaurant, and 11: 00 a.m. to 11: 00 p.m., daily, for the outdoor patio. The request includes the retention of the existing Type 47 (On Sale General - Eating Place) Alcoholic Beverage Control (ABC) license and the allowance of live entertainment. • Staff Approval No. SA2018-008 (PA2018-114). Withdrawn. To allow a tenant improvement that would modify the approved floor plans for the Tommy Bahama restaurant. • Minor Use Permit No. UP2018-006 (PA2018-112). Approved on June 28, 2018. To allow a juice bar (take-out service, limited), within an existing 773- Page 3 Zoning Compliance – PA2021-074 Tmplt: 08-15-176 square-foot retail tenant space and a maximum of 6 seats. The proposed hours of operation are from 8:00 a.m. to 10:00 p.m., daily. No late hours (after 11:00 p.m.) or alcohol service are proposed • Modification Permit No. MD2017-006 and Comprehensive Sign Program No. CS2017-011 (PA2017-163). Approved on October 26, 2017. To authorize signage for the Corona del Mar Shopping Plaza which deviates from the Newport Village Planned Community sign standards. • Modification Permit No. MD2014-005 (PA2014-088). Closed. The application was to allow tandem parking for 22 parking spaces adjacent to the Gulfstream restaurant. • Modification Permit No. MD2011-007 (PA2011-057). Approved on July 13, 2011. To allow the installation of a second project/tenant ID monument sign along MacArthur Blvd. • Telecom Permit No. TP2009-004 (PA2009-119). Denied on July 6, 2010. To allow the installation of an omni-directional antenna atop of a new free- standing monopole. • Amendment to UP3623 (PA2008-029), Approved on May 13, 2008.To permit an additional 461-square-foot outdoor dining patio to an existing eating and drinking establishment that would be in excess of the maximum outdoor dining area allowed by the provisions of Section 20.82.050 (Accessory Outdoor Dining) of the Newport Beach Municipal Code. • Modification Permit No. MD4824. Approved December 22, 1998. To permit the installation of one additional wall sign for a total of 4 wall signs where the Newport Village Planned Community Development Standards permit 3 wall signs. Also included in the request are the approval of two of the signs to be roof signs. • Use Permit No. UP3643. Approved December 10. 1998. To permit establishment of an independent massage use as an accessory use in conjunction with the establishment of a full-service beauty and skin care personal service salon. Included in the approval was a waiver of location restrictions, since the location is within 500 feet of the Newport Beach Central Library. • Planning Directors Use Permit No. UPD030 Amended. Approved October 9, 1998. To reclassify the existing full-service, small scale eating and drinking establishment to a specialty food service establishment. Page 4 Zoning Compliance – PA2021-074 Tmplt: 08-15-176 • Planning Director’s Use Permit No. UPD032. Approved July 31, 1998. To establish a specialty food service use in the Corona del Mar Plaza Shopping Center. • Modification Permit No. MD4695. Approved May 5, 1998. To permit a 1 foot 4-inch encroachment into the required 20-foot setback on Avocado Avenue with various display windows that are cantilevered from the building. • Use Permit No. UP3623 (PA2018-156). Approved April 9, 1998. To allow construction of a 5,767 square foot, single-story full-service restaurant with bar, patio dining and related off-street parking in the reciprocal parking lot of Corona del Mar Plaza. Approved operational characteristics included: provision of alcoholic beverage service; live entertainment; an accessory outdoor dining area; waive restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code. • Use Permit No. UP3616. Approved November 20, 1997. To allow construction of an 8,630 square foot, single-story full-service outdoor restaurant with bar, patio dining and related off-street parking in Corona del Mar Plaza. Also approved was a request to waive restaurant development standards specified by Section 20.82.040 of the Newport Beach Municipal Code. • Use Permit No. UP3048. Approved on July 21, 1983. To operate a hand car wash. Revoked on December 10, 1984. • Use Permit No. UP1995 (Amendment 2). Denied on April 18, 1991. To allow the use of two as-built relocatable buildings on the site for the temporary flower sales establishment and to allow an existing outdoor work and storage area where the original use permit conditioned all activity to be located within the temporary building. Also included is the request to install an off-site directional sign on Avocado Avenue. • Use Permit No. UP1995 (Amendment 1). Approved April 19, 1984. To allow the construction of a 116 sq. ft. flower gazebo to use in conjunction with the main business of the Flowerman Flower Shop. • Use Permit No. UP1995. Approved June 18, 1981. To allow the use of a relocatable modular building for a temporary retail flower establishment. • Use Permit No. UP1924. Approved March 31, 1980. To allow the temporary use of a modular building for a California Savings & Loan branch. f • Use Permit No. UP1929. Approved on March 6, 1980. To allow the temporary use of the property for a bank, including a drive-up window, for a period of approximately 3 years. Page 5 Zoning Compliance – PA2021-074 Tmplt: 08-15-176 • Use Permit No. UP1759 (Amendment 3). Approved on March 6, 1980. To amend previously approved use permits that permitted a Bank of Newport facility and related drive-up teller units on a temporary basis. The approval included the use of the existing structure for a Perpetual Savings and Loan facility and to sublease a portion of the building for office uses. The drive-up teller was also relocated as a part of this approval. • Use Permit No UP1759 (Amendment 2). Approved on October 6, 1977. To allow the expansion of the existing Bank of Newport complex with additional temporary relocatable structures, a new drive-up teller unit and additional parking spaces on a temporary basis. The Planning Commission also approved the extensions of the former approvals of Use Permit No. UP1759. • Use Permit No UP1759 (Amendment 1). Approved on February 17, 1977. To allow the relocation of the approved drive-up teller facility from 2166 East Coast Highway to the existing Bank of Newport site at 2200 East Coast Highway on a temporary basis. • Use Permit No. UP 1794. Approved on July 1, 1976. To allow the expansion of the existing Bank of Newport building with the addition of a temporary structure on a temporary basis. • Use Permit No UP1788. Approved on May 6, 1976. To allow a flower sales facility under a canopy on a temporary basis. • Use Permit No. UP1759. Approved on August 7, 1976. To allow the use of the former Mariner’s Church facility at 2200 East coast Highway on a temporary basis. This approval also included the use of the existing drive-up teller facility on the adjoining property located at 2166 East Coast Highway. • Use Permit No. UP1685. Approved on August 16, 1973. To allow the operation of a drive-up television banking facility in conjunction with an existing bank. • Use Permit No. UP1563. Approved on November 4, 1971. To allow the use of relocatable buildings as church classrooms. • Use Permit No. UP1436. Approved on June 5, 1969. To allow the establishment of the Newport Harbor Chamber of Commerce complex in an existing temporary building located at 2166 East Coast Highway. • Use Permit No. UP1423. Approved on March 6, 1969. To allow the establishment of the Mariner’s church facility in a former real estate office located at 2200 East Coast Highway. Page 6 Zoning Compliance – PA2021-074 Tmplt: 08-15-176 • Use Permit No. UP1380. Withdrawn on June 20, 1968. To construct and operate an 8-lane Porta-Slide and lease it to the Zoo Restaurant. • Use Permit No. UP1308. Approved on October 5, 1967. To allow the installation of 8 signs on an existing drive-in and sit-down restaurant. • Use Permit No. UP0972. Approved on August 1, 1963. To allow the operation of a school for a small group of above average I.Q. students where they may receive advance work to prepare them for college or university entrance. This school would be conducted as a secondary educational institution with limited enrollment. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at (949) 644-3312 or jperez@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: Aerial Map PC27 Newport Village text 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: 5/7/2021 0 1,857928 NEWPORT VILLAGE PLANNED COMMUNITY TEXT Amendment No. 594 City Council Ordinance 83-27 October 24, 1983 Amendment No. 728 City Council Resolution No. 92-4 January 13, 1992 Amendment No. 729 City Council Resolution No. 92-5 January 13, 1992 Amendment No. 746 City Council Resolution No. 92-6 January 13, 1992 Amendment No. 835 City Council Resolution No. 95-130 November 27, 1995 Amendment No. PA 2009-111 City Council Ordinance No. 2009-28 November 24, 2009 ii CONTENTS INTRODUCTION Page 1  SECTION I. Statistical Analysis Page 2  SECTION II. General Notes Page 3  SECTION III. Governmental/Institutional (Areas 1 and 4) Page 5  SECTION IV. Open Space (Areas 2 and 3) Page 7  SECTION V. Retail (Area 5) Page 8  APPENDIX Page 19 EXHIBITS Land Use Plan, Exhibit A Page 20  Signage Plan, Exhibit B Page 21  Page 1 INTRODUCTION The Newport Village Planned Community District, a portion of the Newport Center planning area, has been developed in accordance with the Newport Beach General Plan. The purpose of this Planned Community is to provide a method whereby property may be classified and developed for retail, governmental, institutional, and open space uses. The specifications of this district are intended to provide land use and development standards supportive of the development proposal contained herein while insuring compliance with the intent of all applicable regulatory codes. (A594) Whenever the regulations contained herein conflict with the regulations of the Newport Beach Municipal Code, the regulations contained herein shall take precedence. The Municipal Code shall regulate this development when such regulations are not provided within these district regulations. All development within the Planned Community boundaries shall comply with all provisions of the Uniform Building code and various mechanical codes related thereto. Page 2 SECTION I. STATISTICAL ANALYSIS Newport Village DEVELOPMENT LAND USE AREA ACRES UNITS Governmental/Institutional/Retail Transit Facility 1 2.0 --- Library 4 4.0 65,000 sq.ft. Retail 5 10.0 100,000 sq.ft. SUB TOTAL 16.4 170,000 sq.ft. Open Space park1 2,3 17.3 4 acre public TOTAL 33.3 1 A 4 acre public park is contemplated by the General Plan in the area north of the Library site and south of San Miguel Drive (Area 3). Page 3 SECTION II. GENERAL NOTES 1. Project Description The Planned Community District encompasses 33.3 acres. 10 acres are designated for retail use and 6.0 acres are designated for governmental/institutions use. 17.3 acres are designated for open space use, including a 4-acre public park. 2. Water Service Water within the Planned Community area will be furnished by the City of Newport Beach. 3. Sewage Disposal Sewage disposal facilities within the Planned Community will be provided by Orange County Sanitation District No.5. Prior to the issuance of any building permits, it shall be demonstrated to the satisfaction of the Planning Department that adequate sewer facilities will be available. Prior to the occupancy of any structure it shall be further demonstrated that adequate sewer facilities exist. 4. Grading and Erosion Grading and erosion control shall be carried out in accordance with the provisions of the City of Newport Beach Grading Ordinance and shall be subject to permits issued by the Building and Planning Departments. 5. Screening All mechanical appurtenances on building roof tops and utility vaults shall be screened from view in a manner compatible with the building materials; and noise associated with said noise generators shall be attenuated to acceptable levels in receptor areas. The latter shall be based upon the recommendations of a qualified acoustical engineer, and be approved by the Planning Department. 6. Archaeological/Paleontological Prior to the issuance of grading permits, the site shall be examined to determine the existence and extent of archaeological and paleontological resources in accordance with adopted City policies. 7. Any fire equipment access shall be approved by the Fire Department. 8. The final design of on-site pedestrian and bicycle circulation in any tract shall be reviewed and approved by the Public Works Department and the Planning Department. 9. All buildings shall meet Title 24 requirements. Design of buildings shall take into account the location of building air intake to maximize ventilation efficiency, the incorporation of natural ventilation, and implementation of energy conserving heating and lighting systems. 10. Water conservation design features shall be incorporated into building construction. 11. Exposed slopes, if any, shall be stabilized as soon as possible to reduce erosion. 12. Public or private streets shall meet City standards. Page 4 13. The maximum height of all buildings shall be forty-five (45) feet and shall be measured in accordance with the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the plane established by Ordinance No. 1596 for Corporate Plaza. 14. Crown Drive will not be extended across MacArthur Boulevard. 15. Harbor View Drive shall not be extended across MacArthur Boulevard. 16. All utilities shall be underground. Page 5 SECTION III. GOVERNMENTAL AND INSTITUTIONAL (AREAS 1 and 4) A. Permitted Uses 1. Transit Facility (Area 1), including parking of Orange County Transit District buses and vehicles, bus shelter structures, including restrooms, and public parking. 2. Public Library (Area 4), including appurtenant facilities such as public meeting rooms. 3. Signs in accordance with the City of Newport Beach Municipal Code. B. Uses Requiring a Use Permit 1. Restaurants. 2. Retail uses such as gift shop, book store. C. Development Standards 1. Floor Area and Development Limits. The total floor area shall be as provided in Section I Statistical Analysis, consistent with the Newport Beach General Plan. 2. Building Height. Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. 3. Setback Requirements. The following building setback requirements, measured from the property line, shall apply: Avocado Avenue 20 feet Coast Highway 40 feet MacArthur Boulevard 40 feet San Miguel 20 feet 4. Off-Street Parking. Off-street parking shall be provided on-site in surface lots or in parking structures. Parking for the transit facility shall be in accordance with Use Permit No. 3286. Parking for public library shall be provided at a ratio of one parking space for each 250 square feet. The design and layout of all parking areas and loading areas shall be subject to the review and approval of the City Traffic Engineer and the Public Works Department. 5. Lighting. Lighting of building interiors and exteriors and parking lots shall be developed in accordance with City Standards and shall be designed and maintained in a manner which minimizes impacts on adjacent land uses including Harbor View Hills. Nighttime lighting shall be limited to that necessary for security and shielded from any adjacent residential area. The plans for lighting shall be prepared and signed Page 6 by a licensed electrical engineer, and shall be subject to review and approval of the City Planning Department. 6. Landscaping. A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. A landscaping program shall be reviewed and approved by the Parks, Beaches and Recreation Department, and the Planning and Public Works Departments. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for Corporate Plaza. Page 7 SECTION IV. OPEN SPACE (AREAS 2 and 3) A. Permitted Uses Open Space, including public parks. B. Development Standards As provided by Chapter 20.52, Open Space District, of the Newport Beach Municipal Code. Page 8 SECTION V. RETAIL (AREA 5) LOCATION Area 5 (aka Corona del Mar Plaza) is located at the northwest comer of East Coast Highway and MacArthur Boulevard within the area defined as Newport Center as shown on the Planned Community Development Plan. INTENT It is intended that Area 5 be developed as a specialty retail commercial center. These regulations will permit a broad range of commercial uses appropriate to a retail commercial center. These uses include retail uses, restaurants, and uses which are service in nature. DEFINITIONS Bar -The term "bar" shall mean a place of business with the principle purpose to sell or serve alcoholic beverages for consumption on the premises and may include live entertainment and/or dancing as accessory uses to the primary sale and service of alcoholic beverages, provided further that such live entertainment and/or dancing shall occupy less than twenty percent (20%) of the "net public area." Gross Floor Area -Gross floor area is the area included within the walls of the building, exclusive of mechanical shafts and related appurtenances. The floor area shall also include the areas which are defined by planters, awnings, shade structures, fences or rails and are for the exclusive and permanent use for display or seating by a use permitted by this text. Exterior covered walkways between or in front of retail buildings shall not be included in gross floor area. Restaurant -The term "restaurant" shall mean a place of business with the principal purpose to sell or serve food products and beverages for consumption on the premises within a building consisting of a permanent structure that is fully enclosed with a roof and walls, and where incidental dining to the extent of not more than 25% may be permitted out-of-doors on a patio, deck or terrace that is integrated into the building design, and where the area devoted to live entertainment and/or dancing does not exceed twenty percent (20%) of the "net public area.". A. PERMITTED USES 1. Retail stores, including clothing store, bakeries, bookstores, food shops, pet stores, shoe shops, candy shops, card shops, florists, record stores, audio and video stores, camera shops, luggage stores, furniture stores, art galleries, jewelry stores, athletic stores, china and gift shops, specialty food service, specialty stores and other uses which are of similar nature. Page 9 2. Personal services establishments, including barber shops, beauty parlors, tailor shops, opticians, dry cleaning establishments (with plant on site, subject to the requirements included in these development standards), postal service facilities, enclosed bicycle storage lockers and other uses which are of a similar nature. 3. Outdoor sales establishments, carts and kiosks, and outdoor special events and structures, subject to the approval of the Planning Director. 4. Temporary structures and uses. Regulations are as specified in the Newport Beach Municipal Code. 5. Office uses, only when such offices are ancillary to a permitted use located in the complex (Area 5). B. SITE PLAN REVIEW REQUIRED A site plan review shall be approved by the Planning Commission and the City Council, for the siting of buildings, setbacks, landscaping and other development standards, in accordance with the Newport Beach Municipal Code site plan review procedure; prior to issuance of any building permits. Minor changes made after or during construction, but in substantial conformance with the original plans approved by the Planning Commission and the City Council, shall be reviewed and approved by the Planning Director. C. USES REQUIRING A USE PERMIT The following uses shall be permitted subject to the securing of a use permit in each case: 1. Bars and restaurants, other than a use which can be categorized as a "Specialty Food Service" use as defined in Title 20 of the City of Newport Beach Municipal Code. 2. Drive-in facilities (excluding food uses). 3. Uses as specified in the RSC District of Chapter 20.33 (more specifically, Table 20.33, exclusive of arcades, recreational establishments; and drive-in, take-out restaurants) of the Newport Beach Municipal Code, unless otherwise permitted by these planned community regulations. D. DEVELOPMENT STANDARDS 1. Floor Area and Development Limits: The total gross floor area permitted, shall not exceed 105,000 gross feet. Of this floor area limitation a maximum of 15% (15,750 sq.ft.) may be devoted to restaurant uses (including bars and restaurants). Outdoor areas which are defined by fences or rails and are for the exclusive and permanent use for display or seating by a retail or food use shall be calculated as floor area, except as otherwise permitted by the Newport Beach Municipal Code. Incidental outdoor seating, covered or uncovered, which is not for the exclusive use of any retail or restaurant establishment shall not be calculated as floor area as entitled by this section. Loading docks, covered trash areas, common electrical/utility rooms shall not be calculated as floor area as entitled by this section. Page 10 2. Building Height: Buildings shall be subject to the height regulations specified in Section 20.87.205 of the Newport Beach Municipal Code, except that no building shall extend higher than the extension of the Sight Plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. 3. Setback Requirements: The following building setbacks shall be maintained from the streets with dimensions measured from the property lines: Avocado Avenue 20 feet East Coast Highway No Setback MacArthur Boulevard 35 feet with the following projections: a. The MacArthur Boulevard setback shall be reduced to 15 feet for a distance of 135 feet as measured along the MacArthur property line northerly from the intersection of the prolongation of the property lines of MacArthur Boulevard and East Coast Highway. b. The MacArthur Boulevard setback shall be reduced by the width of the required acceleration and deceleration lanes resulting from the MacArthur access (if entitled), with a maximum reduction of 15 feet. The reduced setback shall be limited to the length of the combined acceleration and deceleration lanes as approved by the City Traffic Engineer. No setbacks are required from any internal parcel lines, except as may be required by the Building Code. 4. Off-Street Parking: A minimum of 4.9 off-street parking spaces for every 1,000 square feet of gross floor area for Area 5 (Corona del Mar Plaza) shall be provided on-site for all uses, including food service uses (includes required parking for bars, restaurants, and specialty food service uses). Parking stall size shall be in accordance with City of Newport Beach Standards unless otherwise approved by the City Traffic Engineer. 5. Lighting: Parking lot lighting shall be developed in accordance with City standards and shall be designed in a manner which minimizes impacts on adjacent land uses. The plans shall be prepared and signed by a licensed electrical engineer; with a letter from the engineer stating that this requirement has been met. The lighting plan shall comply with the following criteria: Parking Lot Lighting Design: Type of Light Combined high pressure sodium and metal halide Pole Height 25 feet maximum, in no case shall the pole height extend higher than the extension of the sight plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. Light Intensity Minimum one (1) footcandle per the City of Newport Beach Police Department. Page 11 Direction of Light Down only. Visible Light Source The light source for each luminaire shall not be visible above the horizontal plane. Building Lighting Design: Type of Light Down lighting in arcades and along sidewalks will use a combination of incandescent and fluorescent sources. Perimeter building lights will use a combination of incandescent and high pressure sodium sources. Visible Light Source The light source for each luminaire shall be directed away from adjacent properties and not visible from beyond the project site. 6. Restaurants: All bars, restaurants, including specialty food uses shall be subject to the following requirements. a. Parking shall be provided as specified in these development standards, more specifically in Section V, (D) 4. b. Kitchen exhaust fans are required and shall be designed to control odors and smoke, unless otherwise approved by the Newport Beach Building Department. c. A washout area or areas is/are required and shall be provided in such a way as to insure direct drainage into the sewer system and not into the bay or the storm drains, unless otherwise approved by the Newport Beach Building Department. d. Grease interceptors shall be installed on all fixtures in any restaurant facility where grease may be introduced into the drainage systems in accordance with the provisions of the Uniform Plumbing Code, unless otherwise approved by the Newport Beach Building Department and Public Works Department. Grease interceptors shall be located in such a way as to be easily accessible for routine cleaning and inspection. 7. Dry Cleaning Facilities: All dry cleaning facilities shall be subject to the following requirements: a. Any boilers shall be isolated in accordance with the requirements of the Uniform Building Code. b. The use of chemicals shall be reviewed and approved by the Fire Prevention Bureau. c. There shall be no outside storage of materials, supplies or other paraphernalia. d. The proposed dry cleaning equipment shall be installed and operated in conformance with the requirements of the South Coast Air Quality Management District. Page 12 8. Landscaping: A minimum of 5% of the paved surface parking areas shall be devoted to planting areas. In no case shall any landscaping penetrate the Sight Plane established by Ordinance No. 1596 for the Corporate Plaza Planned Community. E. SIGNS 1. Definitions: The following terms used III this section shall have the meanings indicated below: a. Anchor Tenant. The term "Anchor Tenant" means a store having a minimum of twenty thousand (20,000) square feet of floor space, which is located within or between other commercial buildings. b. Audible Signs. The term "Audible Sign" means any sign which uses equipment to communicate a message with sound or music. c. End Cap Tenant. The term "End Cap Tenant" means a store having three building elevations with a minimum of four thousand (4,000) square feet of floor area. d. Building Elevation. The term "Building Elevation" means the exterior wall surface formed by one (l) side of the building. e. Eye Level. The term "Eye Level" means at the height of five (5) feet measured from grade. f. Freestanding Commercial. The term “Freestanding Commercial” means any building with a commercial use which is separated from other commercial uses by parking and/or streets. g. Major Tenant. The term "Major Tenant" means a store or restaurant having a minimum of eight thousand (8,000) square feet of floor space, which is located within or between other commercial buildings. h. Monument Sign. The term “Monument Sign” means any sign that is supported by its own structure and is not part of or attached to any building. i. Sign. The term "Sign" means any media, including their structure and component parts which are used or intended to be used out-of doors to communicate information to the public. j. Sign Area. The term "Sign Area" means the area enclosed by a rectangle drawn around the wording, numbers or images composing the sign. k. Sign Face. The term "Sign Face" means the physical plane and/or surface upon which the wording or images are applied. 1. Sign Letter. The term "Sign Letter" means the individual symbols of the alphabet used in forming the words of a message. m. Tenant Sign. The term "Tenant Sign" means any permanent sign of an establishment which is located on or attached to the storefront elevation, covered walkway or awning for the purpose of communicating the name of the tenant. Page 13 n. Temporary Signs. The term "Temporary Sign" means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. 2. Permitted Signs Subsection 1 -Site Identification Signage a. Shopping Center Identification Signs: In addition to other signs permitted by this section, monument signs identifying the shopping center and tenants are permitted at the vehicle entry on MacArthur Boulevard, the vehicle entry on Avocado Avenue, the intersection of East Coast Highway and Avocado and the project's main pedestrian entrance from East Coast Highway. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. The sign area of each sign is as follows: MacArthur Boulevard Entrance Maximum Sign Area 100 Square Feet Maximum Sign Height 8 feet Identification Name of Shopping Center, Logos and Tenant names Maximum Letter Height Shopping Center Identification -24" Tenant Identifications -12" Letter Style/Illumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Avocado Avenue Entrance Maximum Sign Area 100 Square Feet Maximum Sign Height 8 feet Identification Name of Shopping Center, Logos and Tenant names Maximum Letter Height Shopping Center Identification -24" Tenant Identifications -12" Letter Style/Illumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Intersection of East Coast Highway & Avocado Avenue Maximum Sign Area 120 Square Feet Maximum Sign Height 10 feet Page 14 Identification Name of Shopping Center, Logos and Tenant names Maximum Letter Height Shopping Center Identification -24" Tenant Identifications -12" Letter Style/Illumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Main Pedestrian Entrance from East Coast Highway An arch or pedestrian gateway shall be allowed at the main pedestrian entry off of East Coast Highway, subject to review and approval of the City of Newport Beach Modification Committee. The arch may be freestanding between buildings or may span and connect to the buildings. The project name and project logo may appear on the gateway as individual letters spot lit or reverse channel halo lit. b. Library Link Feature: Sculptural or decorative elements may be used to help define the pedestrian link between the project and the library. c. Graphic Light Sconce: Feature light sconces shall be used to create pedestrian scale and character. Sconces shall either be internally or indirectly lit to back light graphic patterns that may contain elements of the project logo. d. Project Directory: No more than three (3) project directories may be located near the major pedestrian intersections of the project. Directories will consist of a site map and a listing of project tenants. Maximum width of the directory shall be four feet (4') and the maximum height shall be eight feet (8'). Directory may be internally illuminated. Subsection 2 -Tenant Identification Signage a. Tenant Signage: In addition to other signs permitted by this section, signs identifying the major tenants are permitted on the exterior walls or parapets of the building which they occupy. Within this category, one (1) sign per building elevation is permitted, unless noted otherwise. However, more than one (1) wall sign per Tenant is permitted on the same elevation, if the aggregate sign area of all signs for the same Tenant on the same elevation is equal to or less than the maximum permitted sign area. Tenant sign criteria is segregated into zones based on their proximity and sensitivity to adjacent residential communities. 1. Zone One -Building elevation directly fronting MacArthur Boulevard. No tenant signage of any kind will be permitted in this zone. Page 15 2. Zone Two – West elevation (parking lot side) of the buildings along MacArthur Boulevard. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon or open channel with exposed neon. Letter Height Anchor Tenants – 48" maximum Major Tenants – 24" maximum End Cap Tenants – 18" maximum Other Tenants – 12" maximum Allowable Area Anchor Tenants – 150 square feet Major Tenants – three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants – two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 3. Zone Three – North wall of Major Tenant Building along MacArthur Boulevard. The name of the Shopping Center, Logo and a maximum of three (3) tenant signs shall be permitted. The maximum letter heights shall be as follows: a. Shopping Center Name and Logo 6" larger than largest Tenant Sign b. Three (3) Tenant Signs 18" maximum letter height c. Two (2) Tenant Signs 24" maximum letter height d. One (1) Tenant Sign 30" maximum letter height The signs shall be either spot lit from above or below. 4. Zone Four – North elevation (parking lot side) of the building along East Coast Highway and east elevation (parking lot side) of the building along Avocado Avenue. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below. Letter Height Anchor Tenants 36" maximum Major Tenants 24" maximum End Cap Tenants 18" maximum Other Tenants 12" maximum Allowable Area Anchor Tenants 150 square feet Major Tenants three square feet for every lineal foot of store Page 16 frontage with a maximum of 120 square feet End Cap and two square feet for every lineal foot of store Other Tenants frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 5. Zone Five – East Coast Highway elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Major Tenants – 24" maximum End Cap Tenants – 18" maximum Other Tenants – 12" maximum Allowable Area Major Tenants three square feet for every lineal foot of store frontage with a maximum of 60 square feet End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 60 square feet for end cap Tenants and 40 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 6. Zone Six – Avocado Avenue elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Anchor Tenants 36" maximum Major Tenants 24" maximum End Cap Tenants 18" maximum Other Tenants 12" maximum Page 17 Allowable Area Anchor Tenants 150 square feet Major Tenants three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 7. Zone Seven – Restaurant pad building. Tenant signage of the following type only may be permitted for this Zone; Individual letters, illuminated with a maximum letter height of 24". Up to a maximum of three (3) signs shall be permitted. b. Tenant Blade Signs. One (1) blade sign per Tenant shall be located under the pedestrian arcade along the storefronts. The blade signs to consist of a suspended "framework" with a thirty-six inch (36") maximum length and twenty-four inch (24") maximum height. Tenants to apply their name and/or logo within this "framework" with no type or images protruding beyond the prescribed borders. Signs may be spot lit. c. All stores are permitted to place on glass storefront at each entry a decal sign identifying the store name and services, store address, hours of business and emergency telephone numbers. This sign shall be located at or below eye level to be visible to pedestrians, and shall not exceed two (2) square feet in area. Color of decal to be white. d. Building Address: Building addresses shall be located on buildings as directed by the City of Newport Beach Fire Department. Letter height to be a maximum of eighteen inches (18"). 3. General Provisions: a. Temporary Signs: In addition to other signs permitted in this section, temporary signs, intended to be displayed for sixty (60) days or less, are permitted for purposes related to special events, seasonal activities and store openings. Temporary signs, identifying new construction or remodeling, may be displayed for the duration of the construction period beyond the sixty (60) day limit. Real Estate signs shall be erected in accordance with the Newport Beach Municipal Code. Page 18 b. Maintenance: Signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. c. Restricted Sign Types: Rotating, flashing, blinking signs or signing with animation shall not be allowed. No signs shall be permitted which imitate or resemble official traffic signs or signals. No wind signs or audible signs are permitted. d. Exceptions: Relief from the restrictions noted in this section require the review and approval of the Modification Committee of the City of Newport Beach. Page 19 APPENDIX A 594 City Council approved 10/24/1983 Ordinance 83-27 Request to consider the adoption of a Planned Community Development Plan for the Newport Village area in Newport Center. A 728 City Council adopted 01-13-92 Resolution 92-4 Request to amend the Corporate Plaza Planned Community Development Plan so as to permit 85,000 sq. ft. of additional office development transferred from the Newport Village Planned Community. The proposal also includes a request to amend the Planned Community sign provisions so as to be consistent with the proposed sign provisions of the Corporate Plaza West Planned Community. A 729 City Council adopted 01-13-92 Resolution 92-5 Request to amend the Civic Plaza Planned Community Development Plan so as to add 57,150-sq. ft. of additional office development, 35,000 sq. ft. of which would be trans- ferred from the Newport Village Planned Community and 22,150 sq. ft. of which is new development entitlement, and to delete 14,000 sq. ft. of library entitlement, which would be transferred to the Newport Village Planned Community. The proposal also includes: a request to amend the existing Planned Community sign standards; and a change to require the approval of a use permit for restaurants rather than a site plan review. A 746 City Council adopted 01-13-92 Resolution 92-6 Request to amend the Newport Village Planned Community Development Plan so as to: expand the boundary of the Planned Community so as to include the land bounded by Avocado Avenue, San Miguel Drive, MacArthur Blvd. and San Joaquin Hills Road; revise the land use plan so as to identify five statistical development areas which are distributed between two land use designations of Governmental/Institutional and Open Space, and delete the multiple family residential and retail designations; add development standards for the development of a65,000 sq. ft. library, a 100,000 sq. ft. museum, and a 4 acre public park; and the addition of a General Notes Section. A835 City Council adopted 11-27-95 Res. 95-130 Request to amend the Newport Village P-C to permit the construction of a 105,000-sq. ft. specialty retail shopping center. City Council adopted 11-24-09 Ordinance No. 2009-28 (PA 2009-111) Request to amend the Newport Village P-C to remove from Area 1 the open space frontage on San Joaquin Hills Road and the open space corner portion at San Joaquin Hills Road and MacArthur. Said area to be incorporated into the North Newport Center Planned Community District (PC-56). Page 20 Exhibit A – Land Use Plan Page 21 Corona del Mar Plaza Tenant Identification Sign Zones Exhibit B – Signage Plan