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Home My WebLink About1440 - RECOMMEND APPROVAL AMEND NPPC DISTRICT REGS-MACARTHUR SQUARERESOLUTION NO. 96 -1440 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT REGULATION TO REDESIGNATE "RETAIL COMMERCIAL SITE I" (MACARTHUR SQUARE) TO "GENERAL COMMERCIAL SITE NO. 6" AND TO ADD INSTITUTIONAL, INSTRUCTIONAL AND EDUCATIONAL USES TO THE LIST OF PERMITTED USES. (PLANNING COMMISSION AMENDMENT NO. 849) WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code provides that amendments to establish or amend a Planned Community Development Plan must be approved by a Resolution of the Planning Commission setting forth full particulars of the amendment; and WHEREAS, the Planning Commission is of the opinion that the proposed amendment to the Newport Place Planned Community District Regulations is consistent with the General Plan; and WHEREAS, the proposed diversification of permitted uses is consistent with the spirit, intent and provisions of Section 20.51.015 of the Municipal Code, to provide for the classification and development of parcels of land as coordinated, comprehensive projects so as to take advantage of the superior environment which can result from large -scale community planning; and WHEREAS, the Planning Commission has conducted public hearings on June 20, 1996 and July 18, 1996, at which time this amendment to amend the Newport Place Planned Community District Regulations was discussed and determined to be in conformance with the Newport Beach General Plan, since the proposed amendment does not alter the commercial character of the subject property or the Newport Place Planned Community District as a whole; and WHEREAS, the Newport Beach Municipal Code provides specific procedures for the implementation of Planned Community zoning for properties within the City of Newport Beach; and WHEREAS, the City of Newport Beach has determined that the proposed amendment is exempt under Class 5 (minor changes in land use limitations), from the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and WHEREAS, an amendment to the land use limitations of the Newport Place Planned Community District is necessary in order to allow a broader range of retail uses on the subject property; and WHEREAS, previous amendments to the land use limitations of the Newport Place Planned Community District to allow support retail within specific professional and business office sites has impacted the subject retail commercial site with a limited range of permitted uses; and WHEREAS, previous amendments to the land use limitations of the Newport Place Planned Community District to allow the redesignation of a portion of "Hotel Site I" to create "General Commercial Site No. 5 ", located directly across Corinthian Way from the subject property, has established support for expansion or increase in general commercial sites in Newport Place; and WHEREAS, the proposed amendment to the land use limitations of the Newport Place Planned Community District to add to the list of permitted uses will apply not only the subject property but to the other general commercial sites of Newport Place with an increased ability to a attract a larger cross - section of commercial tenants with a broader range of uses; and WHEREAS, an amendment to the land use limitations of the Newport Place Planned Community District is necessary in order to allow: institutional, instructional and educational facilities; and professional, business and medical office uses, on the subject property and other general commercial sites; and and WHEREAS, the combination of an overly restrictive list of permitted uses, and the limited visibility of the subject property from MacArthur Boulevard and Jamboree Road, contribute to the ability of the subject property to attract retail businesses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 849 to redesignate "Retail Commercial Site I" (MacArthur Square) to "General Commercial Site No. 6'; and to redesignate "Retail Commercial Site 2" to "Retail Commercial Site I"; amend, by reference, the land use map of the Newport Place Planned Community District to reflect that F6 change; and that Part II, Section II, Group II -E, of the Newport Place Planned Community District Regulations be amended to read as follows: Newport Place Planned Communitv Text Page 31 -32 E. Retail Commercial uses such as: Restaurants, including outdoor, drive -in or take -out restaurants shall be permitted subject to the securing of a use permit except as noted under "a" and "b" below: a. Restaurants, other than outdoor, drive -in or take -out restaurants, shall be permitted in Retail- Commercial Site 1 without a use permit provided that the net floor area of all restaurant uses does not exceed 20% of the net floor area of the retail - commercial center. b. Outdoor, drive -in or take -out restaurants shall be designed and located so as to be an integral element of the retail - commercial center and shall not be permitted as a free - standing independent use in any case. 2. Barber shop and beauty parlor 3. Book and stationery store 4. Blueprinting and photostatics 5. Camera shop 6. Delicatessen store 7. Florist 8. Shoe store or repair shop 9. Tailor 10. Tobacco store 11. Office equipment retail and repair 12. Pharmacies 13. Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight. 14. Other uses similar to the above list. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 849 to amend the Newport Place Planned Community District Regulations Part II, Section II, Group II -F to be amended to read as follows: Newport Place Planned Communitv Text Pace 32 -33 F. General Commercial 1. New car dealership, subject to a use permit, including ancillary uses listed under Part II, Section II, Group II, A. 2. Service stations subject to a use permit. 3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be subject to a use permit. Restaurant uses are permitted within General Commercial Sites 1, 2, 3, 5 and 6 and not permitted within General Commercial Site 4. 4. Hobby, Arts and Crafts, including: a. Sporting goods store b. Camera store C. Art gallery d. Craft store e. Pet store f. Bicycle store g. Other uses of similar nature 5. Book and Office Support Stores, including: a. Book store b. Office supplies C. Other uses of similar nature 6. Retail stores and professional service establishments, including: a. Pharmacies b. Specialty food C. Fabric shops d. Jewelry shops e. Furrier f. Formal Wear g. Barber and hair styling h. Clothing store i. Liquorstore j. Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight. k. Other uses of similar nature 7. Home and Office Furnishings, including: a. Home furniture store b. Office furniture store C. Interior decorators d. Home appliances e. Antique store f. Other uses of similar nature 8. Athletic Clubs, including: a. Spa b. Health club C. Recreation facility d. Other uses of similar nature 9. Home improvement stores, including: a. Hardware store b. Paint store C. Wall covering store d. Other uses of similar nature 10. Retail nursery subject to a use permit 11 Institutional, instructional and educational uses, subject to a use permit in each case. * 12 Professional and Business Offices - see Part II, Section II, Group I for permitted uses. *Office uses are permitted within General Commercial Sites 3, 4, 5 and 6 and not permitted within General Commercial Sites 1 and 2. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council approve Amendment No. 849 and that all Statistical Reference information within the Newport Place Planned Community District Regulations be amended to reflect, by reference, the change of "Retail 4 Commercial Site 1" (MacArthur Square) to "General Commercial Site No. 6'; and the change of "Retail Commercial Site 2" to "Retail Commercial Site P'. ADOPTED this 22 day of August , 1996, by the following vote, to wit: AYES Ridgeway, Kranzley, Adams, Gifford ,Selich and Ashley NOES None ABSTAIN Thomson BY Garold Adams, CHAIRMAN BY cu- Ed Selich, SECRETARY FAW P51 \PLANNING %I P UBNOWN96071KA 849PC2.RES