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HomeMy WebLinkAboutPA2023-0083_20230504_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 4, 2023 Reference No. PA2023-0083 Partner Engineering and Science, Inc c/o Irene Lopez 24 Executive Park, Suite 100 Irvine, CA 92614 ilopez@partneresi.com RE: 1561 Mesa Drive, Newport Beach, CA 92660 APN 439 241 20 Dear Ms. Lopez: The above referenced property is currently located within the Santa Ana Height Specific Plan (SP-7 (Residential Multiple Family (RMF)) and designated as Multiple Residential (RM) within the Land Use Element of the General Plan. To the north, the properties are located within the Santa Ana Height Specific Plan ((SP-7) Residential Multiple Family (RMF)) and RM is the General Plan Land Use designation. To the northeast, the properties are located within SP-7 (Horticultural Nursery (HN)) and Open Space (OS) is the General Plan Land Use designation. To the northeast, the properties are location within SP-7 (Residential Kennel (RK)) and Single Unit Residential Detached (RS-D) is the General Plan Land Use designation. To the southeast, the properties are zoned SP-7 (RMF) and RM is the General Plan Land Use designation. To the southwest is Mesa Drive and the city of Costa Mesa. For the abutting properties to the west, the Zoning District is Medium Density Residential (RMD) and the General Plan Land Use designation is Multiple 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 Page 2 Zoning Compliance – PA2023-0083 Tmplt: 08-15-176 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. Research of the permit and entitlement history of the property verifies there have been no discretionary approvals acquired from the City of Newport Beach Planning Division. The Permit Activity Report from the County of Orange Planning Department shows the following discretionary approvals were acquired from the County of Orange Planning Department: 1561 Mesa Drive • UP1338 • UP1400 • UV6021 • UV6325 Unfortunately, the City does not have copies of these records and you will need to contact the County to obtain copies of the approvals. 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 or 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, jperez@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Joselyn Perez Associate Planner Enclosures: Aerial Map Municipal Code Section 20.90.090 Residential Multiple-Family District SP-7 (RMF) Page 3 Zoning Compliance – PA2023-0083 Tmplt: 08-15-176 Excerpt of Table LU1 of the Land Use Element of the General Plan Figure LU11 of the Land Use Element of the General Plan Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 6/4/2021 0 400200 6/4/2021 Chapter 20.90 SANTA ANA HEIGHTS SPECIFIC PLAN https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2090.html#20.90.090 1/3 20.90.090 Residential Multiple-Family District: SP-7 (RMF). A. Purpose and Intent. The RMF District is established to provide for the development and maintenance of high-density multifamily residential neighborhoods with a moderate amount of open space. Only those uses are permitted that are complementary to and compatible with such a residential neighborhood. B. Principal Uses Permitted. 1. The following principal uses are permitted: a. Multifamily projects of four or less dwelling units. b. Single-family detached dwellings or single-family mobile homes (one per building site). c. Community care facilities serving six or fewer persons and large family day care homes. d. Parks, playgrounds, and athletic fields (noncommercial). e. Riding and hiking trails. 2. The following principal uses are permitted subject to the approval of a minor use permit per Part 5 of this title: a. Multifamily projects of five or more dwelling units. b. Communication transmitting, reception, or relay facilities. c. Public/private utility buildings and structures. 3. The following principal uses are permitted subject to the approval of a use permit by the Planning Commission per Part 5 of this title: a. Fire and police stations. b. Churches, temples, and other places of worship. c. Mobile home parks and subdivisions. d. Residential condominium, stock cooperative and community apartment projects, Title 19(Subdivision Code). 6/4/2021 Chapter 20.90 SANTA ANA HEIGHTS SPECIFIC PLAN https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2090.html#20.90.090 2/3 e. Any other use which the Planning Commission finds consistent with the purpose and intent of this district. C. Temporary Uses Permitted. The following temporary uses are permitted, subject to approval of a limited term permit per Part 5 of this title: 1. Continued use of an existing building during construction of a new building. 2. Mobile home residence during construction. D. Accessory Uses Permitted. Accessory uses and structures are permitted when customarily associated with and subordinate to a principal permitted use on the same building site including: 1. Garages and carports. 2. Swimming pools. 3. Fences and walls. 4. Signs per Chapter 20.42. No sign shall exceed six square feet in area unless otherwise approved through a comprehensive sign permit or modification permit in accordance with Chapter 20.42 and Part 5 of this title. 5. Home occupations per Section 20.48.110. 6. The noncommercial keeping of pets and animals. 7. Any other accessory use or structure which the Planning Director finds consistent with the purpose and intent of this district. 8. Accessory dwelling unit in conformance with Section 20.48.200. E. Prohibited Uses. The following uses are specifically prohibited: 1. All uses not listed in this section as permitted. 2. The storage of vehicles, equipment, or products related to commercial activities not permitted in this district. 3. The keeping of animals for any commercial purpose unless provided for by an approved use permit. 6/4/2021 Chapter 20.90 SANTA ANA HEIGHTS SPECIFIC PLAN https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2090.html#20.90.090 3/3 F. Site Development Standards. 1. Building Site Area. Seven thousand two hundred (7,200) square feet minimum. 2. Building Height. Thirty-five (35) feet maximum. 3. Area per Unit. Three thousand (3,000) square feet minimum net land area per dwelling unit except as otherwise identified on the Land Use District Map. 4. Distance Between Principal Structures. Fifteen (15) feet minimum. 5. Building Setbacks. a. Front Setback. Twenty (20) feet minimum. b. Side Setback. Five feet minimum. c. Rear Setback. Twenty-five (25) feet minimum. 6. Off-Street Parking. Per Chapter 20.40. 7. Lighting. All lighting shall be designed and located so that direct light rays are confined to the premises. (Ord. 2018-14 § 5, 2019; Ord. 2010-21 § 1 (Exh. A)(part), 2010) Land Use Element Newport Beach General Plan 3-12 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential Detached—RS-D The RS-D category applies to a range of detached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable Single Unit Residential Attached—RS-A The RS-A category applies to a range of attached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable TWO UNIT RESIDENTIAL—RT The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. Not applicable MULTIPLE RESIDENTIAL Multiple Residential—RM The RM designation is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures Multiple Residential Detached—RM-D The RM-D designation is intended to provide primarily for multi-family residential development exclusively containing detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD COMMERCIAL—CN The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Floor area to land area ratio or cumulative development indicated on Land Use Plan. CORRIDOR COMMERCIAL—CC The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Floor to land area ratio or cumulative development indicated on Land Use Plan. GENERAL COMMERCIAL—CG The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Floor area to land area ratio or cumulative development indicated on Land Use Plan. RECREATIONAL AND MARINE COMMERCIAL—CM The CM designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, 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. Floor area to land area ratio or cumulative development indicated on Land Use Plan. VISITOR SERVING COMMERCIAL—CV The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Floor area to land area ratio or cumulative development indicated on Land Use Plan. !2!1 !8 !16 !4 !3 !13 !18 !15 !10 !21 !17 !7 !21 !9 !11 !5 !6 !22 !21 !14 !14 !12 !12 !19 !19 !2.1 LA CANADA UNIVERSITY MIRA LOMA PAPERLN AVENUE DRIVE SILVER LN SW BIRCH ST ACACIA ST DRIVE DRIVE MESA MESA DR BIRCH CYPRESS ST MESA CIR C LE LAN E GOLDEN A N N IVERSA RY ORCHARD DR ZENITH AVE CDM FREE WAY SE BRISTOL STREET CYPRESS ST PLACE CIR LN CT EGRET PL CT CORMORANT CO RMORANT CIRCLECT BAYCREST CT BAYVIEW WAY BAYVIEW BAYCREST AVE BAY FARM PL AVENUE ORCHID HILL PL CIRC LE DOVE ST UPPER BAY DR SPRUCEORCHID AZURE AVENUE STREET BAY VIEW PELICAN CORMORANT CT SHEARW AT E R SHEARWATER PL DRIVE ORCHARD DR GANNET B AY VIEW B L V D ROAD BAYVIEW WAY JAMBOREE S/E BRISTOL ST BRISTOL STREET NORTH R OAD MACA R T H U R F AI R C HILD AVENUE SANTA ANA MESA BRISTOL STREET N STREETORCHARD DRIVE SANTA ANA AVE A V E N U EIRVINE BRISTOL WESTERLY PL Q U AIL DRIVE CAMPUS STREET UPPER NE WPO R T PLAZA SPRUCE ST STREETSTREET NORTH BRISTOL CDM FREE W AY STREET BRISTOL BIRCH BLVD MARTINGALE WAY MACARTHUR V O N AVE DOLPHIN-STRIKER WAY RD NEWPORT PLACE DR QUAIL ST BOWSPRIT DR DOVE JA MBOREE ST R EET KARMAN BIRCH ST ROAD JA MBO REE DRIVE DRIVE CAMPUS BIRCH STDOVE ST CA M P U S D R IV E VON KARMAN AVE DRIVE BIRCH ST BLVD BIRCH STREET WAY CORINTHIAN SCOTT DR MACARTHUR CAMPUS T ELL E R A V E DRIVE CAMPUS ROAD SW BIRCH ST CDM FREE WAY UNIVERSITYDRIVE BARDEEN AVE TELLER AVE MARTIN DUPONT DR UNIVERSITY DRIVE ORCHARD RIVERSIDE DR PEGASUS ST KLINE DR KLINE DR INDUSST SAVANNALN BRUINBARKLN AUGUSTLN REDLANDS DR RIVERSIDE DR RIVERSIDE DR REDLANDS DR RED RIV CYPRESS ST ESTUARYLN HALF MOON PL UPPER NEWPORT DR CAPITAN CT RM14 /ac 14 /acRM 0.5 CO-G RS-D RM CO-G0.5 0.5CO-G 88 du RS-D CO-GRM29 /ac RM11 /ac RM43 /ac OS AO MU-H2 MU-H2 MU-H2 PF CG AO CO-GMU-H2 CG CG AO AO PF CG CO-G MU-H2 65 C N E L N oise Contour 65CNELNoiseContour 65CNELNoiseContour J6 AO !86 J5 L4J6 !2!1 !8 !16 !4 !3 !13 !18 !15 !10 !21 !17 !7 !21 !9 !11 !5 !6 !22 !21 !14 !14 !12 !12 !19 !19 !2.1 LA CANADA UNIVERSITY MIRA LOMA PAPERLN AVENUE DRIVE SILVER LN SW BIRCH ST ACACIA ST DRIVE DRIVE MESA MESA DR BIRCH CYPRESS ST MESA CIR C LE LAN E GOLDEN A N N IVERSA RY ORCHARD DR ZENITH AVE CDM FREE WAY SE BRISTOL STREET CYPRESS ST PLACE CIR LN CT EGRET PL CT CORMORANT CO RMORANT CIRCLECT BAYCREST CT BAYVIEW WAY BAYVIEW BAYCREST AVE BAY FARM PL AVENUE ORCHID HILL PL CIRC LE DOVE ST UPPER BAY DR SPRUCEORCHID AZURE AVENUE STREET BAY VIEW PELICAN CORMORANT CT SHEARW AT E R SHEARWATER PL DRIVE ORCHARD DR GANNET B AY VIEW B L V D ROAD BAYVIEW WAY JAMBOREE S/E BRISTOL ST BRISTOL STREET NORTH R OAD MACA R T H U R F AI R C HILD AVENUE SANTA ANA MESA BRISTOL STREET N STREETORCHARD DRIVE SANTA ANA AVE A V E N U EIRVINE BRISTOL WESTERLY PL Q U AIL DRIVE CAMPUS STREET UPPER NE WPO R T PLAZA SPRUCE ST STREETSTREET NORTH BRISTOL CDM FREE W AY STREET BRISTOL BIRCH BLVD MARTINGALE WAY MACARTHUR V O N AVE DOLPHIN-STRIKER WAY RD NEWPORT PLACE DR QUAIL ST BOWSPRIT DR DOVE JA MBOREE ST R EET KARMAN BIRCH ST ROAD JA MBO REE DRIVE DRIVE CAMPUS BIRCH STDOVE ST CA M P U S D R IV E VON KARMAN AVE DRIVE BIRCH ST BLVD BIRCH STREET WAY CORINTHIAN SCOTT DR MACARTHUR CAMPUS T ELL E R A V E DRIVE CAMPUS ROAD SW BIRCH ST CDM FREE WAY UNIVERSITYDRIVE BARDEEN AVE TELLER AVE MARTIN DUPONT DR UNIVERSITY DRIVE ORCHARD RIVERSIDE DR PEGASUS ST KLINE DR KLINE DR INDUSST SAVANNALN BRUINBARKLN AUGUSTLN REDLANDS DR RIVERSIDE DR RIVERSIDE DR REDLANDS DR RED RIV CYPRESS ST ESTUARYLN HALF MOON PL UPPER NEWPORT DR CAPITAN CT RM14 /ac 14 /acRM 0.5 CO-G RS-D RM CO-G0.5 0.5CO-G 88 du RS-D CO-GRM29 /ac RM11 /ac RM43 /ac OS AO MU-H2 MU-H2 MU-H2 PF CG AO CO-GMU-H2 CG CG AO AO PF CG CO-G MU-H2 65 C N E L N oise Contour 65CNELNoiseContour 65CNELNoiseContour J6 AO !86 J5 L4J6 STATISTICAL AREAS J6, L4 CITY of NEWPORT BEACH GENERAL PLAN Figure LU11 L4 Industrial Districts Commercial Office Districts General Commercial OfficeCO-G Medical Commercial OfficeCO-M Regional Commercial Office CO-R Public, Semi-Public and Institutional Private Institutions Single-Unit Residential Attached Single-Unit Residential Detached RS-A Residential Neighborhoods RS-D Two-Unit ResidentialRT RS-A Multiple-Unit Residential Detached Multiple-Unit Residential RM-D RM Commercial Districts and Corridors General Commercial Recreational and MarineCommercial Neighborhood Commercial CN Corridor CommercialCC CG CV Visitor Serving Commercial CM Regional Commercial CR Airport Supporting Districts Airport Office and Supporting UsesAO Mixed -Use Districts Mixed Use VerticalMU-V Mixed Use HorizontalMU-H Mixed Use Water RelatedMU-W IndustrialIG Public FacilitiesPF Open Space PR Parks and Recreation OS City of Newport BeachBoundary Statistical AreaBoundary Land Use Delineator Line Refer to anomaly table 0 1,000500 Feet Tidelands and Submerged LandsTS PI LU11_Airport.mxd 09/22/2020 2011-21 GP2007-009 PA2007-213 02/22/2011 Increase the maximum allowable developmentlimit by 11,544 square feet and create anomalyNo. 2.1 for 4300 Von Karman. CC Resolution No.GPA No.Project No.Adopting Date Description 2019-14 GP2015-004 PA2015-210 02/12/2019 Change land use designation from General CommercialOffice (CO-G) to Private Institutions (PI) and amendAnomaly No. 22 to allow 85,000 square feet for Residential Care Facility for the Elderly located at101 Bayview place. 2020-84 GP2014-004 PA2014-225 09/222/2020 Change land use designation from Airport Office and Supporting Uses (AO) to Mixed-Use Horizontal 2 (MU-H2) and add Anomaly No. 86 (329 dwelling units and 297,572 commercial sq ft) for 4341,4361, and 4501 Birch Street; 4320, 4340, 4360, 4400, 4500, 4520, 4540, 4570, 4600, and 4630 Campus Drive; and 4525, 4533, and 4647 MacArthur Boulevard.