HomeMy WebLinkAboutPA2022-022_20220125_Zoning Compliance Letter
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
January 25, 2022
PA2022-022
John Domer
1111 Bayside Drive
Newport Beach CA 92625
RE: 1101 and 1111 Bayside Drive, Newport Beach, CA 92625
APN 050-391-12
Dear Mr. Domer:
The above referenced properties are currently located within the Commercial
Recreational and Marine Zone (CM) and designated as Recreational and Marine
Commercial (CM) within the Land Use Element of the General Plan. The
properties are not located within a Planned Unit Development or an overlay district.
For the abutting properties to the north, the Zoning District is Single Unit
Residential (R-1) and the General Plan land use designation is Single-Unit
Residential Detached (RS-D). For the abutting properties to the south across the
water, the Zoning District is Two Unit Residential Balboa Island (R-BI) and the
General Plan land use designation is Two-Unit Residential Detached (RS-D). For
the abutting properties to the west, the Zoning District is Private Institutions (PI)
and the General Plan land use designation is Private Institutions (PI). For the
abutting properties to the east, the Zoning District is Multi-Unit Residential (RM)
and the General Plan land use designation is Multiple-Unit Residential (RM).
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 that
discretionary approvals were acquired from the City of Newport Beach Planning
Page 2
Zoning Compliance – PA2018-215
Tmplt: 04-04-13
Division for development of the property. With the exception of the discretionary
approvals for signs, copies of those approvals are attached. Please contact the
Planning Division for further details on any discretionary application:
• Use Permit No. UP0094 - Originally approved on May 21, 1953 for the
operation of a marine gas dock for boats.
• Use Permit No. UP1840 - Originally approved on November 14, 1977 for
proposed commercial office building to exceed the height limitation.
• Use Permit No. UP2015-036 - Originally approved on September 17, 2015
for drug and alcohol rehabilitation school.
• Comprehensive Sign Program No. CS2019-003 – Originally approved on
July 17, 2017.
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) 644-3225 and dlee@newportbeachca.gov.
Sincerely,
___________________________
David Lee, Associate Planner
Enclosures:
Aerial Map
UP0094
UP1840
UP2015-036
CS2019-003
Feet
Imagery:2009-2013 photos provided by Eagle
Imaging www.eagleaerial.com
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:
11/24/2015
0 200100
Newport
Beach
GIS
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,. J'loor ...... in aqua" tNt propom 1;0 be \lid undlr I1le ptol'llllt __ _
4. 'l'Jpe or b.llldll16' to be 1111'4, ___________ _
~~~~I'~~~~eg ~e:t~:: ~ ~1l1~~",e bIll permit •. ~Ol"" ~~~
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6. Other data "0,1111'1/1 tv PlannlllB" COIII1aelon' _______ _
•
APPLICATION FCfI. USE PII:R!IIT ~~O~I!~~~AtrCE NO. 6:;5
CITYOPN~
NAME OF APPLICANT L -/], /2Jf'042i.2J:P J!:
ADDRESS 9?' / b"""I/:JL.&..L-~~
DATE~.£~paONE¥:"",;p~_~;!.
f.)"'X_~3Y ISJ.-4/VL'I
"nached to and '..ade a part Of this appl1cetlon.
CF;i1TIFY unde" penalty of law that the foregoing ~taternent~ and «li , d!,a',rlngs, plan. and specU'ioationp,attaahed-hereto are ~1"!1e cast of my knowladge and boi.l.te:!';. and 1 t'tu'tl'ler Il.cknowl"iIge any permit lsaued in reliance thereon. being tierilared by the PI"" 0" the City Council to be null and vold in the event that any t:l.ined tller61n 1s erroneous even tl:tough Bueh ,,;prIOr wee I<lt.nout. fault In gMd faith by the applioant.
-'-'--__ ._ ~"::c ... > ,:-:: .. ;,~~':f.'.":~" .. ?'.'.'''C:.. . . . . ~: ".
.. . _ .. -.
USE PE.RI:iU APPLlCAiIO::
CITY OF NEWPORT BE~CH
Department of Community Development
Zoning end Ordinance Administration Division
3300 Newport Boulevard
~hone (714) 673-2110
No • ..-;--,-,--...;;r::~ Ppp
LfO'
Fee:
Applicant (Print) Innovative vevelop~ent Concepts Phone(714) 957-0112
' ... --.;.ft LL or' 0. f f t-:
Mailing Address 17942 Sky Park, Suite A, Irvine, Ca. 92714
Property Owner. The Irvine Co:noany
'.
Mailing Addre~s. 550 ~e~pcrt Center Drive, Ne~cort 5each, oCa. 92550
, //61 f::I~~ Lf)J.,.
Address of P~operty Involved Not Assigned. Soutn East corner of 3ayside -~--~----------------------~-----
Drive and marine Avenue
( ) To exceed the 25'·0" Purpos~ of Application describe fully heignt limitation
and for a-orecise ~lo: ~la~ ReviE~.
~~--------------------~~------------------------------------
Zone _____ b~-~-~1 ___________ Present Use Parkino lot and vacant lot
Legal Description of ?rooerty Involved (if too long, attach.sep~rate sheet)
• A pcrtion of Lots 1 anc 2, Trac~ 3232 in the City of ~E~oort 3eacn, Cou~ty
f (] .... ... -1''''' -.... " .• ... I .... 0 P "5 :0 :an" Qran~e.-~t?~O ot ':a 'ro~o':a, :a~ c~r T~Q rl;·OQ ,~ -OO~ ~e' ac_ ~-_ ~
o
OWNER'S AFFIDAVIT
(Ii (:.Ie) The Irvine Compan depose
a~d say that II ~m) Iwe are the owner s of the pro~~rty\ies} involved in
this application. (I) (He) further certify, under penalty of perjury, that
the foregoing s:a:er.;ents and anSHers "_e.rein contained and the i:'lforo.1ation ~erewith s.u~~i~::d a.:~: !~~al1 respec/~s :)t~ue.~~a~~/correct to the bes~ of (i.1Y)L
,-"our) 1<110,,1-0 9_ =nd D_l._T. / f!~/?/' " :)
. Signature(s) I :IJ~/~ l
" " . /
--------~------------~--------------~.
NOTE: An agent may sl9n for the owner if written authorization from the
record owner Is filed with the application_
N
=========================================~~ <-
DO "OT COH?LETE APPLICATIOn SELOW THIS LIIIE
Date Filed 7-?i-77 Fee P d _ --"";J~t-C!..t1,,,-. ""'U ... O'--___ R e c e i p t
Hearing Date -g 4/ ?19-1-77 Publication Date --------------------------~
Posting Daten7?,":=!-~-: 77 r1ail Date_-=?§Z~~,'~/~:!~7~z:....-j<J-G-)}~-.ZI17~~
P. C _ Ac t i 0 n_~lQ~~""'-"'="T"''-· .. ~-'rA'_-...c..!-~ta-'''~.a.A:Zvt/'''''''''---=-~~='....:..-'1'-tJ-.,l,(.....:b~/-'2~7<--_-_-:'J
• ' (j ;; • "I' I 'v:S te ______ ~ _________________________ .Appea 1 I r;t:J 7/27
--'-'"'-;-/:..../:...i++/_7<-<7 ____ c. c. Act i en Pp.#dk/4U97'( 7
_.~·~~7/~1~~~~~·~~~~_~e~e~(---------------Date __ ~"~I~/~/i~/~7~J'--______________ ___
C. C. Hearing
Ci ty Co un c i 1 M e.e ~ t ,_!!N:::!.0.!.v.:e.!!!m~b.:e..!.r-.-!1~4,-,,-.-!lc:9~7~7~_
Agenda Item No. 0-4
CITY OF NEWPORT BEACH
November 9, 1977
TO:
FROM:
SUBJECT:
LOCA Tl ON:
ZONE:
APPLICANT:
OWNER:
ENGINEER:
.APPE llANT:
Al!pl ica tion
Ci ty Council
Departme~t of Community Development
Development Plan Review (Appeal-Public Hearing)
'. Appeal from the decision of the Planning Commission
which approved the development:planforconstruction
of two office buil~ings atllOI Bayside Drive where
General Pl anreq ui red PI ann i n g Commission review.
" Portions of Lots'l and~,lract·3232,. located at
1101 Bayside Drive on ihesoutheast'corner of
Bayside Drive and Marini Av.ri~e,· adj~cent to the
Balboa Island Brfdge~ .
C-l
. Innovative Development Concepts, Irv·tne
The. Irvine Company, Newport Beach
Robert Beiri;'William Frost &. Assoc., Newport Beach
Harvey' D.p~ase, B~lbo~Island
When. this project was originally submitted, the application included
the following requests~,' "
1. Approval of a use permi t to allow the construction of a
. three-story commercial office buildingwhich'would exceed
the twenty-six foot basic height limitation;
2 .. Approval ofa resubdivision which would divide two existing
parcels into three; one for a publ ic park arid walkway, one
far a proposed office building, and i residual parcel' for
the existing marina office and yacht sales; .
3. Certification of an Environmental Impact Report.
After the application was 5uOmitted, the applicint, the staff and
representatives of the Irvine Terrace Community Association,the Balboa
Island Improvement Association and the Little Island Association, met
several times to discuss the proposed plan and develop acceptable
alternatives. As a result of those meetings, the applicant developed
Site Design Studies 12 and 13 which were presentid to the Assotiations.
After further discussion, it was mutually agreed that Site Study 13,
being a two-story office building (over parking) within the twenty-six
foot height limitation, in the building configuration shown, was accept-
able to all parties with. the deletion of the park and the addition of
the landscaping along Marine Avenue. .
Therefore, since this plan was within the twenty-six foot basic height
limitation, the use permit was no longer. required' and the application
was modified to include the following reques'ts:
. City CounCil -2.
1. The approval of 3 resubdivision which would combine two
existing lots into one ,lot,inaccordance with Section
20.87.090 of the Municipal Code.
2 .. Development PI an, Reviewincompl iance with che General
Plan requiremenfforPlanning Commission approval of
anyde,ve10pment:.plans for this site ..
3. Ce rt i t'i cati on of the Environmenta 1 Impac t Report;
S u!l ge s te dAct ion
Ho 1 dhearing ;cl ose hearing; if:desired, sustain ,modify or overrule
the rc'commenda t i on 'of .the"P 1 anni n gCommi ssion-, .,
. -, -~ "
P 1 ann i n9 (:ornmi ssi on Recommeridati ()n .,
At its meeting of'~~fober 6,,1977, the~Pi~nni~g"i~mm~ssion certified
the Envi ronmenta 1 Impact Report (6 Ayes ,LAbsent);approved Resub-
division No. 561subjecttospecificfindingsandconditions (6 Ayes,
1 Absent); .and voted (6 Ayes,l Absent) to,approve,the, development
plan subject to the condi tions of approval, as.: follows :
1 ..Tha t devel opmen t.sha1 L be. i ~).s ubst~ ii H aLco ri fo rma nce with
2.
3.
4.
5 .
6.
the approved plot plans and elevations .. , .
That conditions.ofapprovalof,ResubdivisionNo. 561 fulfilled. . ........ '" ........ '. ,' .. , ......... . be
That a minimum of oneparkingspa'ce/250sqlJare feet of
net f1 00 r, area ofrthe· offi ce<bui 1 di ng:sl1a 11. be p rov; ded
on site and thatfifty~twoparkiri!lspacesbe prcivided
on site for marina •. office::and,slip;.parking •. : '
That all mechaniCaleqUipmenta~dt;r~sha rea s shall be
screened h'om adjaceritproperties:.including mechanical
equipment on the roof:" .
Special':. atten t ions ha lL.be. giv~ntothepres~ rva t i on of
views from BaysideDri~e)and Marine'Avenu~.and the use
of drought resi stent p1 ant'materi als.
That. the property owner grantaneasement.to the City
of Newport Beach for:pub1ic access/along the entire.Bay
side of the parceL Said easement shall be a minimum
of ten feet in width and Shall providefor a connection
with the public sidewa.lk on: the east, side.,. of Marine A·/enue.
a)
b)
c)
. " -
That the publi ca ccess be open to the / pub i it at all times. '. '. .'. ' .
. .
The property owner.~rless~eShallimprovesaid
easementwithsidewalk •. benches,and.landscaping
in accordance with plans to be submitted to and
approved by the-Director of Community. Development,
Public Works ,and Parks,BeaChesand,Recreation.
That.theproperty owner·orlesseesh"illl. hilve the
re s pon s i btl i ty of mai ntain in 9 ,the si dewa 1 k,.
benches, and landscaping in a safe and clean condition.
d) Liability resulting from thepublicuse of'the ease-
ment shall be assumed by the City 0(. Newport ,Beach
in a manner satisfactory to the City Attorney.
7. '. Thatth e< 1 n te'r i or ~irc ul atiOnsys t'em. shal L.be;'a ppro ved' by .
the Traffic Engineer before:issuance.of grading and.build-ingpermits. .... .... ,
• • TO: Ci ty Counci I -3;
8. Tha t the developer sha 11 be instructed to s ubmi tto the
California Regional Water Quality Control Board the
specific water quality control plan they intend to
follow to insure that there. will be. no pollution of the
Bay during demolition, grading and construction.
9. That the parking lot shall be designed and graded in
such a manner so as to drain into a landscaped area or
alternative system which will be deSigned to accommo-
date low-flow runoff. A catch basin and connection to
the City's storm drain system shall be provided for
overflow runoff. The grading and storm drain plans
shall be approved by the City staff prior to the issu-
ance of grading and building permits.
10. That the noise. impact from the .areabe consider~dand
. that the office building be ~esigned to provide for
sound attenuation in accordance with existing noise
standards.
11. That all applicable mitigation measures as set forth
in the Environmental Impact Report shall be met.
Backqround
The land Use Element of the General Plan:was amend~d .to allow a mix-
ture of "~dministrat1ve, Professional an~ Fina~cial CommerCial,"
"Recreational and Environmental Open Space"," and "Recreation and
~arine Commercial." (General Plan Amendment 76-2~AiadoPtedby "the
City Council July 26, 1976.) Further, thecfo11owingwording was
added to the text of the land Use Element (p.16):"
"Any development of the property at the so~t~east corner of
Marine Avenue and Bayside Drive should assure that a view tri-
angle, with its apex at the intersection of Marine Avenue and
Bayside Drive, is maintained and that adequate public access
to the Bay is provided. The appearance of structures shall be
compatible with, ~nd not offensive to, the surrounding area.
In order to assure that these objectives will be reached,
Planning Commission approval of the development plans will be
required. If necessary, the property will be rezoned to accom-
plish the above."
The proposed use is in conformance with those permitted under the
General Plan designations. The proposed buildings are compatible with
the surrounding area and are sited so as to provide the maximum view
triangle from the intersection of Bayside and Jamboree. Public access
to the Bay is provided through the development and dedication of the
walkway.
A complete report of the Planning Commission's consideration of the
project is contained in the minutes of their meeting on October 6,
1977. A copy of the minutes is attached for the Council's informa-
tion. Two key issues were raised during the course of the hearing:
(I) the use of the parking lot by the general public on weekends,
and (2) the deletion of the park and its replacement with a land-
scaped buffer along Marine Avenue.
The Planning Commission noted the necessity of providing adequate
parking and security for the marina use during its peak usage times,
and the difficulties of enforcing parking restrictions if the parking
lot ~ere opened to the general public on weekends. Consequently, no
requirements were made for the public use of the parking lot. Also.
there was a full discussion regarding the usefullness of a park as
shown in some earlier configurations of the site plan versus the
alternative deSign showing a landscaped buffer along the Marine
Avenue side of the property. The latter proposal had been favored
by therepresentatjves of the Community Associations involved with
the project, and had been accepted by the Citizens Environmental
Ouality Control Advisory Committee during their review of the project.
• • TO: Ci ty Counci I -4.
A motion to request the applicant to restudy the landscape design
for the purpose of including a small park area failed by a vote of
three ayes, three noes, and one absent. The Commission then voted
to approve the plan which included the development of a walkway and
dedication of a public easement along the waterfront, and the land-
scaping of a buffer strip along the Marine Avenue property line.
Respectfully submitted,
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, Director
~ ~/ . By ~'W /SEVER ~60D Envi~ nmental Coordinator
BOW / kk
Attachments for City Council Only:
1) Letter from Mr. Harvey D. Pease
2) Vicinity Map
3) Planning Commission Staff Report dated 9/30/77
4) Excerpt from Planning Commission Minutes of 10/6/77
5) Site Plans and Elevations
6) Final Environmental Impact Report
RESOLUTION NO. 1992
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING CONDITIONAL USE
PERMIT NO. UP2015-036 FOR A PRIVATE EDUCATIONAL
FACILITY LOCATED AT 1111 BAYSIDE DRIVE, SUITE 150
PA2015-150
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by Newport Academy, with respect to property located at 1111
Bayside Drive, Suite 150, and legally described as Parcel 1 of Parcel Map 81-729, in the
City of Newport Beach, County of Orange, State of California, as per map filed in Book
171, Pages 40 and 41 of Parcel Maps, in the office of the County Recorder of said
County, requesting approval of a conditional use permit.
2. The applicant proposes to establish a private educational facility (Schools, Public and
Private) for intermediate and high school aged students (between the ages of 13 and
18) within an existing multi-tenant office building. No treatment will occur on-site as the
students will have already graduated from a licensed and certified treatment program.
3. The subject property is located within the Commercial Recreational and Marine (CM)
Zoning District and the General Plan Land Use Element category is Recreational and
Marine Commercial (CM).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Recreational and Marine Commercial (CM-B).
5. A public hearing was held on September 17, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. 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 Planning Commission at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 1 (Existing
Facilities).
2. Class 1 exempts projects involving negligible or no expansion of a use including but
not limited to interior or exterior alterations involving such things as interior partitions,
plumbing, and electrical conveyances.
Planning Commission Resolution No. 1992
Page 2 of 8
3. The proposed project is limited to interior improvements to convert a previous office
use to a private educational facility and involves no expansion in floor area. No traffic
impacts are expected and parking on site is available to accommodate the use.
SECTION 3. REQUIRED FINDINGS.
In accordance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of
the Newport Beach Municipal Code, the following findings and facts in support of such
findings are set forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan.
Facts in Support of Finding:
1. The subject property is designated Recreational and Marine Commercial (CM) within
the Land Use Element of the General Plan which 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, maintain the marine theme and
character, encourage mutually supportive businesses, encourage visitor-serving and
recreational uses, and encourage physical and visual access to the bay on waterfront
commercial and industrial building sites on or near the bay.
2. The proposed private educational facility is consistent with the General Plan
designation as it will occupy a tenant space within an existing multi-tenant commercial
office building and will not hinder the goals and policies of this designation.
3. The subject property is not located within a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code.
Facts in Support of Finding:
1. The proposed use is allowed within the Commercial Recreational and Marine (CM)
Zoning District subject to the approval of a conditional use permit.
2. The proposed use will operate similar to an office use inasmuch as the majority of the
trips will occur in the morning and in the afternoon with all daily activities occurring
within the tenant space. Conditions of approval have been included to help ensure the
use is compatible with the surrounding office uses.
3. Pursuant to Section 20.40.040 (Off-Street Parking Spaces Required), parking ratios for
a private educational facility use (Schools, Public and Private) are as required by use
03-03-2015
Planning Commission Resolution No. 1992
Page 3 of 8
permit approval. Given the demand for parking for the proposed use will be generated
by employees of the facility, the result will be an equal or lesser parking demand than
the parking requirement of approximately 20 spaces placed on the previous office use.
Accordingly, a condition of approval has been included to require 20 parking spaces
which will allow for flexibility in the future should the applicant wish to expand.
4. The project will comply with all Building, Public Works, and Fire Codes and will comply
with all other applicable requirements of the Zoning Code and Municipal Code.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity.
Facts in Support of Finding:
1. The project will be located in an office complex and will function similar to other office
uses based on the hours of instruction that are typical of surrounding office uses.
Vehicle trips to the site will generally occur during the peak periods of each day
beginning, middle, and end), consistent with office uses.
2. The proposed conversion of office space to a tutoring center involves a tenant
improvement at the second floor of an existing three-story office building with no
expansion in floor area.
3. No group activities, seminars, or outdoor activities are proposed limiting any concern
regarding noise and compatibility with allowed uses in the vicinity.
4. The proposed conditions of approval ensure that the potential conflicts with
surrounding land uses are eliminated or minimized to the greatest extent possible.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities.
Facts in Support of Finding:
1. The project site has demonstrated that it is physically suitable to support the existing
office development on the property. The addition of a private education facility that will
function similar to an office use will not alter the site's ability to provide public and
emergency vehicle access or public services and utilities.
2. The size of the site allows for adequate vehicle access. The design with multiple drive
aisles and maneuvering areas will provide adequate circulation for both students being
dropped off and picked up as well as existing users of the site.
03-03-2015
Planning Commission Resolution No. 1992
Page 4 of 8
3. The project site has demonstrated that it is physically suitable to accommodate the
flow of office workers to the site which traditionally have the same or similar hours of
arrival. Therefore, the proposed private educational facility with consistently scheduled
instruction will be adequately served by the existing design of the site.
4. The Public Works Department, Building Division, and Fire Department have reviewed
the project proposal and provided conditions of approval so as to maintain adequate
access, public services, and utilities to the existing development.
Finding:
E. Operation of the use at the location proposed would not be detrimental to the
harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise
constitute a hazard to the public convenience, health, interest, safety, or general
welfare ofpersons residing or working in the neighborhood of the proposed use.
Facts in Support of Finding:
1. The project site operates as an office complex with all activities contained indoors. The
proposed operation will take place indoors consistent with surrounding uses and does
not constitute a hazard to public convenience.
2. Based on characteristics of the use and the conditions of approval, the operation
proposed will not be detrimental to the growth of the City or be detrimental to the
safety and general welfare of people working or residing in the neighborhood.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves Conditional
Use Permit No. UP2015-036, 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 14 days following the date this Resolution
was adopted unless within such time an appeal is filed with the City Clerk in
accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach
Municipal Code.
PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 2015.
AYES: Brown, Kramer, Koetting, Lawler, and Weigand
NOES: None
ABSTAIN: None
03-03-2015
Planning Commission Resolution No. 1992
Page 5 of 8
ABSENT: Hillgren and Zak
BY:
ory Kr Chairman
BY:
Pofor Koetting Secretary
03-03-2015
Planning Commission Resolution No. 1992
Page 6 of 8
EXHIBIT "A"
CONDITIONS OF APPROVAL
1 . The development shall be in substantial conformance with the approved site plan and
floor plans stamped and dated with the date of this approval. (Except as modified by
applicable conditions of approval.)
2. Conditional Use Permit No. UP2015-036 shall expire unless exercised within 24 months
from the date of approval as specified in Section 20.54.060 (Time Limits and Extensions)
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The project is subject to all applicable City ordinances, policies, and standards, unless
specifically waived or modified by the conditions of approval.
4. 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
Conditional Use Permit.
5. A total of 20 parking spaces shall be required for the private educational facility.
6. Students shall be permitted on-site only during hours of instruction which shall be
limited to between 9:00 a.m. and 4:00 p.m., Monday through Friday. Hours of
operation for all other related office uses including parent-teacher conferences shall be
limited to between the hours of 8:00 a.m. and 7:00 p.m., daily.
7. All activities related to the private educational facility including classes and breaks
shall be held within the tenant space of the building.
8. Strict adherence to maximum occupancy limits is required.
9. The maximum number of employees shall be limited to 10.
10. The maximum number of students shall be limited to 12.
11. The proposed path for drop-off and pick-up of students shall be subject to review of the
Public Works Department. At no time should the circulation of the site be negatively
impacted by the proposed use.
12. During designated drop-off and pick-up times, a staff member shall escort students and
monitor the entering and exiting of the ground level elevator doorway. At no time shall
there be unattended students on the property.
13. Students shall not be permitted to drive and park at the facility.
14. Parents and guardians dropping off and/or picking up students shall not park on site.
03-03-2015
Planning Commission Resolution No. 1992
Page 7 of 8
15. The compliance with this Conditional Use Permit shall be reviewed by the Planning
Commission one year from its effective date.
16. This Conditional Use Permit may be modified or revoked by the 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.
17. Any change in operational characteristics, expansion in area, or other modification to
the approved plans, shall require an amendment to this Conditional Use Permit or the
processing of a new Conditional Use Permit.
18. A copy of the Resolution, including conditions of approval Exhibit "A" shall be
incorporated into the Building Division and field sets of plans prior to issuance of the
building permits.
19. All noise generated by the proposed use shall comply with the provisions of Chapter
10.26 and other applicable noise control requirements 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 7:OOAM Between the hours of
and 10:00PM 10:00PM and 7:OOAM
Location Interior Exterior Interior Exterior
Residential Property 45dBA 55dBA 40dBA 50dBA
Residential Property located within 45dBA 6OdBA 45dBA 5OdBA100feetofacommercialropert
Mixed Use Property 45dBA 60dBA 45dBA 5OdBA
Commercial Property N/A 65dBA N/A 60dBA
20. The exterior of the business shall be maintained free of litter and graffiti at all times. The
owner or operator shall provide for daily removal of trash, litter debris and graffiti from the
premises and on all abutting sidewalks within 20 feet of the premises.
21. Storage outside of the building in the front or at the rear of the property shall be
prohibited, with the exception of the required trash container enclosure.
22. A Special Events Permit is required for any event or promotional activity outside the
normal operational characteristics of the approved use, as conditioned, or 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.
23. 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,
03-03-2015
Planning Commission Resolution No. 1992
Page 8 of 8
actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including without limitation, attorney's fees, disbursements and court costs) of
every kind and nature whatsoever which may arise from or in any manner relate (directly
or indirectly) to City's approval of the Newport Academy CUP including, but not limited to
Conditional Use Permit No. UP2015-036 (PA2015-150). 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.
03-03-2015
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING ADMINISTRATOR ACTION LETTER
Application No. Bayside Park Comprehensive Sign Program No. CS2019-003
(PA2019-094)
Applicant Bryan Tetzlaf
Site Address 1101-1111 Bayside Drive
Legal Description Parcel 1 of Resubdivision No. 706
On July 17, 2019, the Zoning Administrator approved Comprehensive Sign Program No.
CS2019-003, for a multi-building, multi-tenant medical and general professional office site
located at 1101 and 1111 Bayside Drive. The site also includes a shared surface parking lot
utilized by the marina located adjacent to the site on the bay. The Comprehensive Sign
Program provides for the renovation of the signage for the entire office site proposed with
the cosmetic renovations of the existing buildings. The approval is in accordance to the
provisions of Chapter 20.42 (Sign Standards) of the Newport Beach Municipal Code
(NBMC).
The property is located within the Commercial Recreational and Marine (CM) Zoning
District. The General Plan Land Use Element category is Recreational and Marine
Commercial (CM). The property is also within the Coastal Zone and has a designated
Coastal Land Use of Recreational and Marine Commercial (CM-B) and a designated
Coastal Zoning District of Commercial Recreational Marine (CM).
Title 21 Local Coastal Program Implementation Plan only regulates the freestanding
signs. The proposed renovation of the existing monument sign and the proposed two
additional monument signs are exempt from the requirement of a coastal development
permit pursuant to NBMC Section 21.52.035 C.2., because they are minor accessory
structures that do not involve a risk of adverse environmental effect, do not adversely
affect public access, or involve an intensification in use of the site. This approval is based
on the following findings and standards and subject to the following conditions.
A comprehensive sign program is required for this site because it contains two general office
buildings with multiple professional office tenants including California Recreation Company
(CRC) Marina parking and to allow the following deviations from the Zoning Code:
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PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 2
Tmplt: 10/02/15
1. Allow three monument signs along the Bayside Drive frontage for site identification,
directional parking and site information; and
2. Allow an increase in the maximum wall sign area for the secondary frontage signs.
FINDINGS AND STANDARDS FOR APPROVED SIGNS
Finding
A. The project is exempt from environmental review under the requirements of the
California Environmental Quality Act pursuant to Section 15311, Class 11 (Accessory
Structures).
Fact in Support of Finding:
1. Class 11 exempts minor structures accessory to existing commercial facilities,
including signs. The proposed signs are incidental and accessory to the principal
commercial use of the property and do not intensify or alter the use.
Standard
B. The proposed sign program shall comply with the purpose and intent of this
Chapter [Chapter 20.42], any adopted sign design guidelines, and the overall
purpose and intent of this Section [Section 20.42.120 – Comprehensive Sign
Program].
Facts in Support of Standard
1. A comprehensive sign program is required whenever there are three or more
separate tenant spaces on the same lot, and in this case, new signage for major
tenants is proposed on two buildings on one developed office site in addition to
multiple monument signs. As proposed, the secondary frontage wall signs will be
slightly increased in size based in part to the width of the tenant frontage. Major
tenants will be identified with a total of three wall signs on each building. The location
and the number of wall signs are consistent with Zoning Code regulations. The street
frontage along Bayside Drive is approximately 280 feet and provides the only access
driveway to the site for the two office buildings and CRC Marina parking. The frontage
on Marine Avenue is located directly before the bridge over the bay to enter Balboa
Island. There is parking below each of the buildings as well as a shared surface
parking lot towards the bayfront that is utilized for CRC Marina parking. As proposed,
the additional freestanding monument signs are necessary to identify the site, to
identify the access and to provide directional information for vehicles.
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 3
Tmplt: 10/02/15
2. The Comprehensive Sign Program complies with the purpose and intent of
Newport Beach Municipal Code Chapter 20.42 (Sign Standards). The increased
area of the secondary wall signs provides necessary identification for motorists
travelling in both directions on Bayside Drive.
3. The purpose of a comprehensive sign program is to integrate all of a project’s
signs. It provides a means for the flexible application of sign regulations for projects
that require multiple signs. The fonts, colors, and materials of both the wall and
ground signs will complement the architecture and colors of the office site. The
proposed signage provides incentive and latitude in the design and display of
signs.
4. Approval of this Comprehensive Sign Program includes deviations to the number
of freestanding signs and the size of some of the wall signs. It allows the flexible
application of the sign regulations to achieve a unified design theme that meets
the purpose and intent of the Zoning Code.
Standard
C. The proposed signs shall enhance the overall development, be in harmony with, and
relate visually to other signs included in the Comprehensive Sign Program, to the
structures and/or developments they identify, and to surrounding development when
applicable.
Facts in Support of Standard
1. The site is for use by multiple professional office tenants including the Marina
services and the signage design has been integral with the design and character
of the building.
2. Each major tenant will be permitted signage that will ensure adequate visibility is
provided on-site and from Bayside Drive and Marine Avenue, to the greatest extent
possible.
3. The tenants will be permitted signage pursuant to the submitted Bayside Park Sign
Program Matrix to allow major tenants in the multi-tenant building to have signage,
and to allow adequate site identification, directional and parking information
signage. The size and location of the letters and logos of the signs will ensure that
adequate visibility is provided, and not be abrupt in scale with the individual tenant
frontage.
4. Jamboree Road and the intersection of Jamboree Road, Bayside Drive and Marine
Avenue are designated as Coastal View Roads in the Local Coastal Program with
views afforded from these roads to the bay. The existing corner of the site at the
intersection of Bayside Drive and Marine Avenue is improved with a 3-foot hedge
and an existing monument sign with 4-foot tall solid pilasters. The existing
monument sign is proposed to be modified by removing the existing pilasters and
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 4
Tmplt: 10/02/15
adding open channel letters on top of the existing 2-foot, 6-inch wall that extend to
a maximum height of 4 feet from the existing grade. The removal of the pilasters
and the open design of the channel letters promotes additional visibility and does
not inhibit views from the Coastal View Roads. The proposed new directional
monument sign is easterly of the existing monument sign and will have a maximum
height of less than 3.5 feet and a maximum size of 13.8 square feet. Therefore,
this new monument sign will not impact the view corridor from the Coastal View
Roads. The third monument sign is the replacement of the existing monument sign
located at the driveway entrance off of Bayside Drive and in front of the existing
1111 Bayside Drive building. This monument sign will comply with sight distance
requirements from the driveway, with a maximum height of 3.5 feet.
Standard
D. The sign program shall address all signs, including permanent, temporary, and
exempt signs.
Fact in Support of Standard
1. The Comprehensive Sign Program addresses all project signage. Temporary and
exempt signs not specifically addressed in the sign program shall be regulated by
the provisions of Newport Beach Municipal Code Chapter 20.42 (Sign Standards).
Standard
E. The sign program shall accommodate future revisions that may be required because
of changes in use or tenants.
Facts in Support of Standard
1. The project site is for the use of multiple professional office tenants in Bayside Park
and has been designed to be effective for such uses. Bayside Park desires a clean
design with major tenant identification and a focus on the site identification instead
of all individual tenants.
2. It is not anticipated that future revisions to the program will be necessary to
accommodate normal changes in tenants or uses. However, flexibility has been
incorporated into the Sign Program Matrix to allow minor deviations from the
proposed signs.
3. Consistent with NBMC Chapter 20.42, the Director may approve minor revisions
to the Sign Program if the intent of the original approval is not affected.
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 5
Tmplt: 10/02/15
Standard
F. The program shall comply with the standards of this Chapter [Chapter 20.42], except
that deviations are allowed with regard to sign area, total number, location, and/or
height of signs to the extent that the Comprehensive Sign Program will enhance the
overall development and will more fully accomplish the purposes and intent of this
Chapter [Chapter 20.42].
Facts in Support of Standard
1. The Comprehensive Sign Program requests deviation in the size of the secondary
frontage signs and an increase in the number of freestanding signs which will
enhance the identification and visibility of the office site from Bayside Drive and
Marine Avenue.
2. The sign provisions of the Zoning Code allow secondary frontage signs a
maximum area of 50 percent of the allowed primary frontage signs. The subject
buildings are permitted a maximum 75 square feet for each primary frontage wall
signs with a maximum 37.5 square feet for the secondary frontage wall signs. Per
the Zoning Code, a comprehensive sign program allows for an increase in sign
area up to 30 percent (48.75 square feet maximum for the secondary frontage wall
signs). The Comprehensive Sign Program proposes a maximum of 60 square feet
for the primary wall signs and 39 square feet for the secondary frontage wall signs.
3. NBMC Section 21.30.065 regulates freestanding signs within the coastal zone.
The proposed monument signs comply with the height and area limitations of
Section 21.30.065 and the additional signs are permitted with the approval of a
comprehensive sign program.
4. The unique configuration of the office site with the two buildings, two street
frontages and a large shared parking lot along the bayfront requires the additional
freestanding signs to identify the site as well as provide directional and parking
information.
Standard
G. The approval of a Comprehensive Sign Program shall not authorize the use of signs
prohibited by this Chapter [Chapter 20.42].
Fact in Support of Standard
1. The Comprehensive Sign program does not authorize the use of prohibited signs.
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 6
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Standard
H. Review and approval of a Comprehensive Sign Program shall not consider the signs’
proposed message content.
Fact in Support of Standard
1. The Comprehensive Sign Program contains no regulations affecting sign message
content.
CONDITIONS
1. The development shall be in substantial conformance with the approved site plan,
details, and elevations, except as noted in the following conditions.
2. Upon demolition or substantial structural and nonstructural changes to the exterior
of the development on which this approval is based, this Comprehensive Sign
Program shall be rendered nullified and a new Comprehensive Sign Program shall
be obtained for the new or altered development in accordance with the Zoning
Code provisions in effect at the time the new development is approved.
3. All signs shall be maintained in accordance with Section 20.42.170 (Maintenance
Requirements) of the Newport Beach Municipal Code. Temporary and exempt
signs not specifically addressed in the program shall be regulated by the provisions
of Chapter 20.42 of the Newport Beach Municipal Code.
4. Locations of the signs are limited to the designated areas and shall comply with
the limitations specified in the Sign Program Matrix included in Attachment No. ZA
2 and any applicable sight distance provisions of Chapter 20.42 of the Newport
Beach Municipal Code or required by the Public Works Department (City Standard
110-L).
5. In accordance with Municipal Code Section 20.42.120.F of the Zoning Code, the
Community Development Director may approve minor revisions to the Sign
Program if the intent of the original approval is not affected. This may include
deviations on the tenant configurations, such as combining or dividing suites.
6. The fire lane sign shall meet Newport Beach Fire Department Guideline C.02. Prior
to the issuance of building permits, the Fire Department shall review and approve
signage.
7. A building permit shall be obtained prior to commencement of the construction
and/or installation of the signs.
8. 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,
PA2019-094
Bayside Park Comprehensive Sign Program (PA2019-094)
July 17, 2019
Page 7
Tmplt: 10/02/15
damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including without limitation, attorney’s fees,
disbursements and court costs) of every kind and nature whatsoever which may arise
from or in any manner relate (directly or indirectly) to City’s approval of the Bayside
Park Comprehensive Sign Program including, but not limited to
Comprehensive Sign Program No. CS2019-003 (PA2019-094) and the
determination that the project is exempt under the requirements of the California
Environmental Quality Act. 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.
APPEAL PERIOD
An appeal or call for review may be filed with the Director of Community Development
within 14 days following the date of action. For additional information on filing an appeal,
contact the Planning Division at (949) 644-3200.
On behalf of Rosalinh Ung, Zoning Administrator
By:
JM/msw
Attachments: ZA 1 Vicinity Map
ZA 2 Comprehensive Sign Program Matrix
ZA 3 Project Plans
Jl.L1a k v /4J,J_,,_____
Melinda Whelan
Assistant Planner
PA2019-094