HomeMy WebLinkAbout4.0_Newport Village Planned Community Development Plan Amendment_PA2023-0122CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
September 21, 2023
Agenda Item No. 4
SUBJECT: Newport Village Planned Community Development Plan Amendment
(PA2023-0122)
SITE LOCATION: Corona del Mar Plaza Shopping Center, 800 to 984 Avocado Avenue
APPLICANT: CAA Planning
OWNER: Irvine Company
PLANNER: Joselyn Perez, Associate Planner
949-644-3312, jperez@newportbeachca.gov
PROJECT SUMMARY
A request to amend the Newport Village Planned Community (PC-27) Development Plan
to modify the definitions and the allowed uses in Area 5 (Retail). Area 5 includes the
shopping center known as Corona del Mar Plaza, located at the northwest corner of East
Coast Highway and MacArthur Boulevard. Section V of the PC-27 Development Plan
regulates the development of Area 5.
The applicant requests the following changes to Section V of PC-27:
•Within definitions, amend “Gross Floor Area” and “Restaurant” to be more in line with
the definitions provided in Chapter 20.70.020 (Definitions) of the Newport Beach
Municipal Code (NBMC);
•Update subsection A (Permitted Uses) to allow the same uses of the General
Commercial (CG) Zoning District, subject to the same permitting requirements, as
provided in Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20
(Commercial Zoning Districts Land Uses and Permit Requirements) of the NBMC;
•Strike and remove the entirety of Subsection B (“Site Plan Review Required”);
•Strike and remove the entirety of Subsection C (“Uses Requiring a Use Permit”); and
•Revise the Development Standards subsection to incorporate the update to the
definition of Gross Floor Area.
RECOMMENDATION
1)Conduct a public hearing;
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2)Find the amendment is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of the California Public Resources
Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 (CEQA Guidelines). The proposed action
is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule
that CEQA applies only to projects, which have the potential for causing a significant
effect on the environment; and
3)Adopt Resolution No. PC2023-036 (Attachment No. PC 1) recommending the City
Council approve the Planned Community Development Plan Amendment modifying
the definitions and allowed uses within Area 5 of the Newport Village Planned
Community Development Plan.
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE General Commercial
(CG)
Newport Village Planned
Community (PC-27)
Corona del Mar Plaza
Shopping Center
NORTH Public Facilities
(PF) PC-27 Newport Beach Central Library
SOUTH Corridor Commercial
(CC)
Commercial Corridor
(CC) Retail, restaurant, office
EAST Single-Unit Residential
Detached (RS-D)
Point Del Mar Planned
Community (PC-34) Residential
WEST
Regional Commercial
Office
(CO-R)
Corporate Plaza (PC-17) Office
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INTRODUCTION
Background
The Newport Village Planned Community (PC-27) Development Plan was initially adopted
in 1983, and subsequently amended in 1992, 1995, 2009, and 2023.
PC-27 encompasses over 33 acres and contains five distinct land use areas designated
as Area 1 through Area 5 as shown below in Figure 1. The areas are intended to allow
for the development of retail, governmental, institutional, and open space uses. The
proposed amendment will only apply to Area 5.
Figure 1 & 2: Newport Village Planned Community
As shown in Figure 2, Area 5 covers a single parcel that is developed with the Corona del
Mar Plaza Shopping Center (Corona del Mar Plaza). Corona del Mar Plaza is bounded to
the north by the Newport Beach Central Library, to the east by MacArthur Boulevard, to
the south by East Coast Highway, and to the west by Avocado Avenue. The nearest
residential use is located to the east, across MacArthur Boulevard.
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Corona del Mar Plaza includes a mixture of retail, restaurant, and personal service uses.
Anchor tenants include the Bristol Farms grocery store, Tommy Bahama restaurant and
bar, Jack’s Surfboards, and Gulfstream restaurant. Vehicular access is provided by a
driveway on Avocado Avenue and an entry from MacArthur Boulevard. Vehicular access
is also provided to the City Central Library site and Civic Center parking structure. Tenant
spaces are oriented toward a shared parking lot. The parking lot was refreshed in 2018,
and the total number of parking spaces was increased from 516 to 528.
DISCUSSION
Proposed Amendment
Irvine Company has identified a need for greater flexibility in the regulations and this
proposal brings the PC more in line with the NBMC. As such, the following changes are
proposed to Section V of PC-27:
1. Gross Floor Area Definition. The current definition provided for “Gross Floor Area
(GFA)” includes areas defined by planters, awnings, shade structures, and fences or
rails for outdoor patios, which is inconsistent with the definition of GFA provided within
Chapter 20.70.020 (Definitions) of the NBMC. The current definition results in the
outdoor dining areas of Gulfstream and Tommy Bahama being counted toward GFA.
In other areas of the City, the outdoor dining would not count toward GFA as they are
not within an enclosed building. There is approximately 4,000 square feet of outdoor
dining space in the Corona del Mar Plaza that would no longer be counted toward
GFA. Approval of the amendment would make this area available for small additions.
2. Restaurant Definition. The current definition provided for “Restaurant” places a limit
of no more than 25% of dining area be provided as incidental or outdoor dining space,
and the definition limits the total amount of net public area that can be devoted to live
entertainment and/or dancing at 20% of total net public area. The NBMC does not
have any similar restrictions. Instead, these operational parameters are reviewed and
conditioned through a minor or conditional use permit. The proposed change would
treat restaurants identically to other eating and drinking establishments in terms of
definitions as well as process. Small establishments without late operating hours (past
11 pm) would be reviewed by the Zoning Administrator and establishments with late
hour dancing or live entertainment, would be reviewed by the Planning Commission.
3. Site Plan Review Requirement. Subsection B (Site Plan Review Required) currently
requires a site plan review by the Planning Commission and the City Council for the
siting of buildings, setbacks, landscaping, and other development standards. The
section allows for minor changes made during or after construction that are in
substantial conformance with the original plans approved by the Planning
Commission and the City Council to be reviewed and approved by the Planning
Director. The amendment will eliminate this review requirement as Corona del Mar
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Plaza is now fully constructed and changes to the shopping center should be minor in
nature, therefore making a site plan review unnecessary.
4.Use Permit Requirement. Allowed uses for Area 5 are provided in Subsection A
(Permitted Uses) and Subsection C (Uses Requiring a Use Permit). Currently
Subsection C references terminology that was present in the pre-2010 Zoning Code
but no longer exists in the current version of the Zoning Code. These outdated
references include specifically “Specialty Food Service”, which is similar to the current
land use as Take-Out Service – Fast Casual and the “Retail and Service Commercial
District (RSC) Zoning District”. Subsection A (Permitted Uses) would be updated to
allow the uses of the CG District, subject to the land use permitting requirements of
Table 2-5 of Section 20.20.020 (Commercial Zoning District Requirements) of the
NBMC and Subsection C would be eliminated as unnecessary. The proposed change
would subject the shopping center to the same process of the current CG
(Commercial General) zone.
5.Consistency Updates. Minor changes to the development standards of Section V to
incorporate the revisions described above.
The proposed language is provided in redline/strikeout format as Attachment No. PC 2 to
this report.
Analysis
An amendment to the PC-27 Development Plan is a legislative act and neither the PC-27
Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20
(Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4
(Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land
Use) of the California Government Code provide required findings to approve the
amendment.
Nonetheless, the following sections of the staff report analyze review procedures and
typical zoning and land use considerations including compatibility, parking, and
consistency with the General Plan.
Simplified Review
The amendment will have the effect of streamlining permitting requirements by no longer
requiring applicants to obtain a conditional use permit to allow uses that are otherwise
permitted by right in the CG zone. For example, in 2022, Corona del Mar Plaza tenant
Alchemy 43 was required to obtain a conditional use permit to operate a med-spa as medical
is not explicitly allowed by PC-27 but is allowed by right in the RSC District. With the
proposed amendment in place, a med-spa would be allowed to operate with a simple tenant
improvement, rather than subject to approval of a conditional use permit. Another use which,
without the proposed amendment, would need to obtain a conditional use permit but is
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otherwise permitted by right is a small health and fitness facility. These quasi-personal
service or retail medical uses are undoubtedly likely to increase as shopping centers evolve.
Modernizing, and ultimately streamlining, the allowed uses of the Plaza helps ensure the
viability of the shopping center and preserves the existing commercial land use by allowing
the property owner more opportunities to attract high-quality, revenue generating,
businesses.
Land Use Compatibility
Revising the definitions in Area 5 is not likely to cause incompatibility with surrounding
land uses, as the proposed changes make the definitions consistent with the NBMC.
Updating the allowed uses within Area 5 from a zoning district that no longer exists to
those allowed by the CG District represents the greatest potential for conflicts with
surrounding land uses. The RSC District was intended to provide for areas which are
predominantly retail in character, but which allow some service office uses while the CG
zone allows for a slightly wider range of uses. For example, the CG zone allows for the
operation of a school (public or private) subject to the approval of a Conditional Use
Permit, whereas a school was not an allowed use within the RSC District. However, this
example is an exception rather than the rule when comparing the two districts. Overall,
the uses and permitting requirements of the two districts are generally similar. A
comparison of the allowed uses and permitting requirements of the RSC District versus
the CG District is available as Attachment No. PC 3.
Uses allowed by the CG District with operational characteristics that have the potential to
disrupt the site and the surrounding land uses will still require approval of a use permit,
as provided in Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20
(Commercial Zoning Districts Land Uses and Permit Requirements). The review process
for a use permit will provide opportunities to condition any land use with the potential for
disturbance and ultimately the opportunity to deny a use that is truly incompatible with its
surroundings. Corona del Mar Plaza is a well-established center that is separated from
residential uses. While the change requested in allowed or conditionally allowed uses is
broader, the design of the buildings and location coupled with the use permit processes
of the CG zone will ensure Corona del Mara Plaza remains a compatible shopping center.
Parking
PC-27 requires a blended parking rate of 4.9 off-street parking spaces for every 1,000
square feet of GFA regardless of individual uses within Corona del Mar Plaza.
Additionally, there is a 15-percent limit on GFA that may be developed as a restaurant
use. Similar to this requirement in PC-27, Section 20.40.050 (Parking Requirements for
Shopping Centers) of the NBMC allows shopping centers to use a blended parking rate
of 5 off-street parking spaces for every 1,000 square feet of GFA when the shopping
center is less than 100,000 square feet, and also limits restaurant uses to 15 percent of
the total GFA. There is no specific requirement to park outdoor dining areas. PC-27, with
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its amended definitions and no change to the 15-percent restaurant maximum, will have
parking requirements that function in the same manner as the NBMC.
The update to the definition of GFA would reduce the total floor area of the center by
approximately 4,000 square feet, from 104,999 to 100,999 square feet. This would also
reduce the parking requirement from 515 to 494 spaces. Corona del Mar Plaza provides
528 spaces, resulting in a modest surplus. Any future addition to the shopping center
would be subject to the availability of parking and would eliminate the modest surplus of
parking.
In addition to the 2018 efforts to increase parking supply, Irvine Company undertakes
proactive measures to help manage parking demand. For example, Irvine Company
operates a shuttle service for employees of Corona del Mar Plaza, allowing them to park
offsite and freeing up spaces for customers.
For any future uses that may generate an unusually high parking demand, such as a new
restaurant with live entertainment, a conditional use permit will be required along with an
analysis of impact to the parking supply. The use permit process offers the Planning
Commission future opportunities to minimize potential impacts on parking supply through
conditions of approval such as providing bicycle parking or a dedicating a rideshare drop
off/pick up area.
Consistency with the General Plan
Area 5 is categorized as General Commercial (CG) by the Land Use Element of the General
Plan. The CG category is intended to provide for a wide variety of commercial activities
oriented primarily to serve citywide or regional needs. The CG zone adopted in 2010 is
intended to implement the General Commercial land use category. Sites designated as CG
by the General Plan are zoned CG if they are not in a planned community. Amending the
development plan to allow the uses of the CG Zoning District is consistent with the CG
category. With regards to the updated definitions for gross floor area or restaurants, the
General Plan does not provide definitions. Updating the definitions within PC-27 to match
those of the NBMC is arguably consistent with the General Plan as the NBMC itself is
consistent with the General Plan. No amendment to the General Plan is necessary as part
of this amendment to PC-27.
In addition to the proposed amendment being consistent with the General Plan, the
amendment is in furtherance of the General Plan’s Goals and, specifically, the following
Policies provided in Table 1, below.
Table 1- Applicable Polices
General Plan Goal or Policy Consistency
Policy LU 1.5 (Economic
Health)
The Amendment should help ensure the viability of
the shopping center in preserving the existing
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Table 1- Applicable Polices
General Plan Goal or Policy Consistency
Encourage a local economy that
provides adequate commercial,
office, industrial, and marine-
oriented opportunities that
provide employment and revenue
to support-high quality community
services.
commercial land use, by allowing the property owner
more opportunities to attract high-quality, revenue
generating, businesses.
Policy LU 2.4 (Economic
Development)
Accommodate uses that maintain
or enhance Newport Beach’s
fiscal healthy and account for
market demands, while
maintaining and improving the
quality of life for current and future
residents.
PC-27 currently requires approval of a conditional
use permit to allow uses authorized by the now
defunct Retail and Service Commercial (RSC)
Zoning District. Aligning the allowed uses with the
contemporary General Commercial (CG) Zoning
District of the NBMC helps the shopping center more
readily provide services consistent with the current
needs and preferences of the community.
LU 3.1 (Neighborhoods,
Districts, Corridors, and Open
Spaces)
Maintain Newport Beach’s pattern
of residential neighborhoods,
business and employment
districts, commercial centers,
corridors, and harbor and ocean
districts.
The Amendment will not introduce land uses that are
likely to change the general function of the Area 5. The
shopping center will continue to function as a shopping
center, providing a mix of retail and service uses, as
provided in PC-27.
LU 4.1 (Land Use Diagram)
Accommodate land use
development consistent with the
Land Use Plan.
Area 5 is located within Anomaly 47, Statistical Area
L1. Without the revision to the definition to GFA, the
Plaza has developed 104,999 square feet of its
105,000 General Plan allowance and is fully built out.
Even with the approximately 4,000 square feet of GFA
that would theoretically become available for future
development as part of the revision to the definition of
GFA, the potential increase represents less than 5
percent of the overall development limit for the Plaza
and is, arguably, negligible.
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Summary
The proposed amendment will update definitions and allowed uses within Area 5 to align it
with the CG Zone in a manner consistent with the General Plan. The amendment will also
result in greater flexibility for an ever changing and challenging retail environment.
Alternatives
Should the Planning Commission identify any deficiencies in the proposed amendment
or any areas for improvement, the Planning Commission may recommend revisions to
the draft ordinance.
Environmental Review
The amendment is not a project subject to the California Environmental Quality Act (CEQA)
in accordance with Section 21065 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division
6, Chapter 3 (CEQA Guidelines). The proposed action is also exempt pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which
have the potential for causing a significant effect on the environment. The Amendment
would update definitions and allowed uses for consistency with the NBMC. Any future
development project, or change of use, in accordance with the updated allowed uses, will
be subject to environmental review. Lastly, the Amendment in and of itself does not
authorize new development that would directly result in physical change to the environment.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights-of-way and
waterways) including the applicant, and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by: Submitted by:
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BMZ/jp
ATTACHMENTS
PC 1 Draft Resolution recommending City Council Approval
PC 2 Redline/Strikeout version of the amended Planned Community Development Plan
PC 3 Comparison of the RSC District and CG District Allowed Uses
PC 4 Applicant’s Justification Letter
01/12/18
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Attachment No. PC 1
Draft Resolution recommending City
Council Approval
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RESOLUTION NO. PC2023-036
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
RECOMMENDING CITY COUNCIL ADOPTION OF AN
AMENDMENT TO THE NEWPORT VILLAGE PLANNED
COMMUNITY (PC-27) DEVELOPMENT PLAN TO UPDATE
THE DEFINITIONS AND ALLOWED USES WITHIN AREA 5
(RETAIL) (PA2023-0112)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1.An application was filed by CAA Planning (“Applicant”), on behalf of Irvine Company
(“Owner”), concerning property located at 800 – 984 Avocado Avenue, and legally
described as Parcel 1 and a portion of Parcel 2 of Parcel Map No. 90-361, as shown
on a map filed in Book 270, pages 15 through 18 of Parcel Maps, records of Orange
County, California requesting approval of an amendment to the Newport Village
Planned Community (“PC-27”) Development Plan.
2.The PC-27 Development Plan was initially adopted in 1983, and subsequently
amended in 1992, 1995, 2009, and 2023.
3.PC-27 encompasses 33.3 acres, generally bounded by San Joaquin Hills Road to
the north, MacArthur Boulevard to the east, East Coast Highway to the south, and
Avocado Avenue to the west. It contains five distinct land use areas designated as
Area 1 through Area 5, which are intended to be developed with retail, governmental,
institutional, and open space uses.
4.Retail (Area 5), commonly known as “Corona del Mar Plaza,” is located at the
northwest corner of East Coast Highway and MacArthur Boulevard, and is categorized
as General Commercial (CG) by the Land Use Element of the General Plan. Corona
del Mar Plaza is intended to provide for a broad range of commercial uses appropriate
to a retail commercial center. Examples include retail, restaurants, and uses which
are service in nature.
5.Section V. (Retail (Area 5)) of PC-27 regulates the development of Area 5. Included
in Section V are definitions, requirement for site plan review by the Planning
Commission and City Council for new development, allowed uses and permitting
requirements, site development standards, and signage allowances.
6.The Applicant requests the following changes to Section V. (Retail (Area 5)) of PC-
27:
i.Amend the definitions of “Gross Floor Area” and “Restaurant” to be more in line
with the definitions provided in Chapter 20.70.020 (Definitions) of the Newport
Beach Municipal Code (“NBMC”);
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ii.Amend Subsection A. (Permitted Uses) to allow the uses of the General
Commercial Zoning District, subject to the same permitting requirements, as
provided in Table 2-5 (Allowed Uses and Permit Requirements) of Chapter 20.20
(Commercial Zoning Districts Land Uses and Permit Requirements) of the
NBMC;
iii.Strike the entirety of Subsection B (Site Plan Review Required);
iv.Strike the entirety of Subsection C (Uses Requiring a Use Permit); and
v.Amend Subsection D. (Development Standards) (“Amendment”) to revise the
definition of Gross Floor Areas.
7.A public hearing was held on September 21, 2023, in the Council Chambers located
at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and
purpose of the public hearing was given in accordance with the Section 54950 of the
California Government Code et seq. (“Ralph M. Brown Act”) and Chapters 20.54
Planned Community District Procedures) and 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The Amendment is not a project subject to the California Environmental Quality Act (“CEQA”)
in accordance with Section 21065 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division
6, Chapter 3 (“CEQA Guidelines”). The Amendment is also exempt pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which
have the potential for causing a significant effect on the environment. The Amendment would
update definitions and allowed uses for consistency with the NBMC. Any future development
project, in accordance with the updated allowed uses, will be subject to subsequent action in
order to implement. The Amendment in and of itself does not authorize new development
that would directly result in physical change to the environment.
SECTION 3. REQUIRED FINDINGS.
The Amendment to the PC-27 Development Plan is a legislative act. The PC-27
Development Plan, Chapter 20.66 (Planning and Zoning, Amendments) of Title 20
(Planning and Zoning) of the NBMC, nor Article 2 (Adoption of Regulations) of Chapter 4
(Zoning Regulations) of Division 1 (Planning and Zoning) of Title 7 (Planning and Land
Use) of the California Government Code set forth any required findings for either approval
or denial of such amendments.
Notwithstanding the foregoing, the Amendment is consistent with the purpose of the
General Commercial (CG) General Plan land use category, and is in furtherance of the
General Plan’s Goals and, specifically, the following Policies:
Policy:
LU 1.5 (Economic Health)
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Encourage a local economy that provides adequate commercial, office, industrial, and
marine-oriented opportunities that provide employment and revenue to support-high
quality community services.
Fact in Support of Policy:
The Amendment should help ensure the viability of the shopping center, preserving the
existing commercial land use, by allowing the property owner more opportunities to attract
high-quality, revenue generating, businesses.
Policy:
LU 2.4 (Economic Development)
Accommodate uses that maintain or enhance Newport Beach’s fiscal healthy and account
for market demands, while maintaining and improving the quality of life for current and
future residents.
Fact in Support of Policy:
PC-27 currently requires approval of a conditional use permit to allow uses authorized by the
now defunct Retail and Service Commercial District (RSC) Zoning District. Aligning the
allowed uses with the contemporary General Commercial (CG) Zoning District of the NBMC
helps the shopping center more readily provide services consistent with the current needs
and preferences of the community.
Policy:
LU 3.1 (Neighborhoods, Districts, Corridors, and Open Spaces)
Maintain Newport Beach’s pattern of residential neighborhoods, business and
employment districts, commercial centers, corridors, and harbor and ocean districts.
Facts in Support of Policy:
1.The purpose and intent of the General Commercial (CG) Zoning District is to
provide areas appropriate for a wide variety of commercial activities oriented
primarily to serve citywide or regional needs while the purpose and intent of Area 5
is to provide for a broad range of commercial uses appropriate to a retail commercial
center. The allowed uses of the General Commercial (CG) Zoning District should
complement the existing allowed uses of Area 5.
2.The Amendment will not introduce land uses that are likely to change the general
function of the Area 5. The shopping center will continue to function as a shopping
center, providing a mix of retail and service uses, as provided in PC-27.
3.Uses allowed by the General Commercial (GC) zoning district with operational
characteristics that have the potential to disrupt the site and the surrounding land uses
will still require approval of a use permit, as provided in Table 2-5 (Allowed Uses and
Permit Requirements) of Chapter 20.20 (Commercial Zoning Districts Land Uses and
19
Permit Requirements). The review process for a use permit will provide opportunities
to condition any land use with the potential for disturbance and ultimately the
opportunity to deny a use that is truly incompatible with its surroundings.
Furthermore, the Amendment is appropriate for the following reasons:
1.The current definition provided for Gross Floor Area includes areas defined by planters,
awnings, shade structures, and fences or rails which is inconsistent with the definition
of Gross Floor Area provided within Chapter 20.70.020 (Definitions) of the NBMC.
2.The current definition provided for “Restaurant” places a limit of no more than 25% of
dining area be provided as incidental, outdoor dining area, and limits net public area
devoted to live entertainment and/or dancing to 20% of the net public area, both of
which are more restrictive than the NBMC.
3.Subsection B (Site Plan Review Required) currently requires a site plan review by the
Planning Commission and the City Council for the siting of buildings, setbacks,
landscaping and other development standards. The section allows for minor changes
made during or after construction that are in substantial conformance with the original
plans approved by the Planning Commission and the City Council to be reviewed and
approved by the Planning Director. Given the shopping center is now fully constructed,
changes to the shopping center should be minor in nature and in substantial
conformance with the original plans reviewed and approved by the Planning
Commission and City Council therefore making a site plan review unnecessary.
4.Allowed uses for Area 5 are provided in Subsection A (Permitted Uses) and Subsection
C (Uses Requiring a Use Permit). Currently Subsection C references terminology that
was present in the pre-2010 Zoning Code but no longer exists in the current version of
the Zoning Code. These outdated references include specifically “Specialty Food
Service”, which is similar to the current land use as Take-Out Service – Fast Casual
and the “Retail and Service Commercial District (RSC) Zoning District”. Subsection A
(Permitted Uses) would be updated to allow the uses of the CG District, subject to the
land use permitting requirements of Table 2-5 of Section 20.20.020 (Commercial
Zoning District Requirements) of the NBMC and Subsection C would be eliminated as
unnecessary. The proposed change would subject the shopping center to the same
process of the current CG (Commercial General) zone.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1.The Planning Commission of the City of Newport Beach hereby finds the Code
Amendment is not a project subject to the California Environmental Quality Act (“CEQA”)
in accordance with Section 21065 of the California Public Resources Code and Sections
15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The Amendment is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to
projects, which have the potential for causing a significant effect on the environment.
While this Amendment would update definitions and allowed uses for consistency with
the NBMC, it does not authorize new development that would directly result in physical
20
change to the environment. Any future development project in accordance with the new
category will be subject to subsequent action in order to implement.
2.The Planning Commission of the City of Newport Beach hereby recommends to the City
Council approval of the Amendment as set forth in Exhibit “A,” which is attached hereto
and incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Curtis Ellmore, Chair
BY:_________________________
Tristian Harris, Secretary
Attachment: Exhibit A – PC-27 Development Plan Amendment
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EXHIBIT “A”
PC-27 DEVELOPMENT PLAN AMENDMENT
The cover page of the Newport Village Planned Community (PC-27) Development
Plan shall be amended to read as follows:
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
Amendment No. PA2023-0071
City Council Ordinance 2023-12
July 25, 2023
Amendment No. PA2023-0122
City Council Ordinance 23-###
October 24, 2023
22
The Definitions in Section V (Retail (Area 5)) of the PC-27 Development Plan shall be
amended to read as follows:
DEFINITIONS
Bar -The term "bar" shall mean a place of business with the principal 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. Exterior covered walkways
between or in front of retail buildings shall not be included in gross floor area.
Restaurant -The term "restaurant" shall have the meaning ascribed in Section
20.70.020 definitions for Eating and Drinking Establishments (Land Use) of the Newport
Beach Municipal Code.
Subsection A (Permitted Uses) of Retail (Area 5) of the PC-27 Development Plan shall be
amended to read as follows:
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.
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).
6.Uses specified in the Commercial General (CG) zoning district set forth in Chapter 20.20
(Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)) of the
Newport Beach Municipal Code subject to meeting the permit requirements set forth in
23
Planning Commission Resolution No. PC2023-036
Page 2 of 12
01-17-23
Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements)
of the Newport Beach Municipal Code..
Subsection B (Site Plan Review Required) and Subsection C (Uses Requiring a Use
Permit) of Section (V Retail (Area 5)) shall be deleted in its entirety.
Subsection D (Development Standards) of Section V Retail (Area 5) shall be relettered
and amended to read as follows:
B.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 not be calculated as floor area, except
as otherwise required 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.
2.Building Height: Buildings shall be subject to the height regulations specified in Section
20.30.060 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.
24
Planning Commission Resolution No. PC2023-036
Page 3 of 12
01-17-23
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.
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, (B)4.
25
Planning Commission Resolution No. PC2023-036
Page 4 of 12
01-17-23
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.
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.
Subsection E (Signs) of Section V (Retail (Area 5)) shall be relettered as Subsection C
(Signs) and in all other respects shall remain unchanged.
The Appendix of the PC-27 Development Plan shall be amended to read as follows:
26
Planning Commission Resolution No. PC2023-036
Page 5 of 12
01-17-23
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
transferred 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 a 65,000 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
27
Planning Commission Resolution No. PC2023-036
Page 6 of 12
01-17-23
Joaquin Hills Road and MacArthur. Said area to be incorporated into the North
Newport Center Planned Community District (PC-56).
City Council adopted Ordinance No. 2023-12 (PA 2023-0071)
Request to amend the Newport Village Planned Community Development Plan to
add recreational uses as a permitted use for Area 1.
City Council adopted Ordinance No. ###-## (PA 2023-0112)
Request to amend the Newport Village Planned Community Development Plan to
revise definitions and allowed uses for Area 5.
28
Attachment No. PC 2
Redline/Strikeout version of the amended Planned Community Development Plan
29
INTENTIONALLY BLANK PAGE30
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
Amendment No. 2023-__
City Council Ordinance No. 2023-__
_________ _, 2023
31
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 consistent with Newport Beach Municipal
Code (Title 20) subject to Section 20.70.020 definitions for Eating and Drinking
Establishments. 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.
32
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).
5.6. Uses specified in the General Commercial (CG) zoning district of the Newport
Beach Municipal Code (Title 20) permitted subject to Section 20.20.020
Commercial Zoning Districts Land Uses and Permit Requirements and Table 2-5
Allowed Uses and Permit Requirements.
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.B. 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 not
33
Page 10
be calculated as floor area, except as otherwise permitted required 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.
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
34
Attachment No. PC 3
Comparison of the RSC District and CG District Allowed Uses
35
INTENTIONALLY BLANK PAGE36
Page 20.15-2
Commercial Districts
01/01/08
Neighborhood Commercial (CN) District. Provides areas for retail and service uses to serve the
needs of the surrounding neighborhood and local area.
20.15.020 Commercial Districts: Land Use Regulations
The following schedule establishes the land uses defined in Chapter 20.05 as permitted or
conditionally permitted in commercial districts, and includes special requirements, if any,
applicable to specific uses. The letter "P" designates use classifications permitted in commercial
districts. The letter "L" designates use classifications subject to certain limitations prescribed
under the "Additional Use Regulations" which follows. The letters "UP" designate use
classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters
"PD/U" designate use classifications permitted on approval of a use permit issued by the
Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications
which are permitted when located on the site of another permitted use, but which require a use
permit when located on the site of a conditional use. Letters in parentheses in the "Additional
Regulations" column refer to "Additional Use Regulations" following the schedule. Where
letters in parentheses are opposite a use classification heading, referenced regulations shall apply
to all use classifications under the heading.
Commercial Districts: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
--- = Not Permitted
RSC APF RMC CN Additional
Regulations
RESIDENTIAL
(A), (B), (C),
(D)
DAY CARE, LIMITED P P P P
PUBLIC AND SEMI-PUBLIC (A), (B), (C),
(D)
CLUBS AND LODGES UP UP UP UP (P) -YACHT CLUB UP UP UP --- (E), (F), (P)
CONVALESCENT FACILITIES --- PD/U --- ---
CULTURAL INSTITUTIONS UP UP UP UP (P) DAY CARE, GENERAL P L-1 L-3 P
EMERGENCY HEALTH CARE --- P --- --- GOVERNMENT OFFICES P P ---P HELIPORTS UP UP UP --- (G) MARINAS P P P --- (E), (F) PARK AND RECREATION FACILITIES P P P P
PUBLIC SAFETY FACILITIES UP UP UP UP
37
Page 20.15-3
Commercial Districts
01/01/08
Commercial Districts: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
--- = Not Permitted
RSC APF RMC CN Additional
Regulations
RELIGIOUS ASSEMBLY L-11 L-11 --- L-11 RESIDENTIAL CARE, GENERAL UP UP --- --- SCHOOLS, PUBLIC AND PRIVATE ---UP --- --- UTILITIES, MAJOR UP UP UP --- UTILITIES, MINOR P P P P
COMMERCIAL USES (A), (B), (C),
(D)
ADULT-ORIENTED BUSINESSES P --- P --- (H), (I) AMBULANCE SERVICES L-4 --- --- ---
ANIMAL SALES AND SERVICES -ANIMAL GROOMING PD/U PD/U --- PD/U
-ANIMAL HOSPITALS UP UP --- UP
-ANIMAL RETAIL SALES PD/U --- --- PD/U
ARTISTS' STUDIOS P P P P (I) BANKS/SAVINGS AND LOANS P P L-3 P
-WITH DRIVE-THROUGH/DRIVE UP
SERVICE UP UP L-3 UP BUILDING MATERIALS AND SERVICES P --- --- --- CATERING SERVICES P P P P COMMERCIAL FILMING UP UP UP UP (I) COMMERCIAL RECREATION AND
ENTERTAINMENT UP UP UP UP (I), (P) COMMUNICATION FACILITIES P P L-3 P EATING AND DRINKING
ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP PD/U (I), (J), (P)
-FULL SERVICE, LOW TURNOVER UP UP UP PD/U (I), (J), (P)
-FULL SERVICE, SMALL SCALE PD/U PD/U PD/U PD/U (I), (J), (P)
-TAKE-OUT SERVICE UP UP UP PD/U (I), (J), (P)
-TAKE-OUT SERVICE, LIMITED PD/U PD/U PD/U PD/U (I), (J), (P)
-ACCESSORY P P P P (I), (J), (P)
-BARS AND COCKTAIL LOUNGES UP UP UP UP (I), (J), (P)
FOOD AND BEVERAGE SALES P --- --- P (P) -CONVENIENCE MARKETS P L-1 P P (P)
FUNERAL AND INTERNMENT SERVICES UP UP L-3 ---
LABORATORIES P P L-3 --- MAINTENANCE AND REPAIR SERVICES P P L-3 P (D)
38
Page 20.15-4
Commercial Districts
01/01/08
Commercial Districts: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
--- = Not Permitted
RSC APF RMC CN Additional
Regulations
MARINE SALES AND SERVICES -BOAT RENTAL AND SALES UP --- UP --- (D), (E), (F)
-BOAT STORAGE --- --- P --- (D), (E), (F)
-BOAT YARDS --- --- L-6 --- (D), (E), (F)
-ENTERTAINMENT AND EXCURSION
SERVICES L-13 L-13 L-13 --- (E), (F) -MARINE SERVICE STATION PD/U --- PD/U --- (E), (F)
-RETAIL MARINE SALES P L-1 P --- (E), (F)
NURSERIES P --- --- ---
OFFICES, BUSINESS AND PROFESSIONAL P P L-3 P PAWN SHOPS P --- --- --- (I) PERSONAL IMPROVEMENT SERVICES PD/U PD/U PD/U PD/U (I) -HEALTH/FITNESS CLUBS PD/U PD/U PD/U PD/U
PERSONAL SERVICES P L-1 L-3 P -DRY CLEANERS P L-1 L-3 P
-DRY CLEANERS (COLLECTION ONLY)P L-1 L-3 P
-FORTUNE TELLING P P L-3 P
-MASSAGE ESTABLISHMENTS L-7 L-7 L-8 L-7
-SELF SERVICE LAUNDRIES P ---L-3 P
POSTAL SERVICES P P L-3 P PRINTING AND DUPLICATING SERVICES P P L-3 P RESEARCH AND DEVELOPMENT
SERVICES P P P P RETAIL SALES P L-1 L-9 P -LIMITED P L-1 L-9 P
-PHARMACIES AND MEDICAL
SUPPLIES P L-1 L-3 P SECOND HAND APPLIANCES/CLOTHING L-5 L-5 L-5 L-5 (I) SWAP MEETS, RECURRING UP ------ ---
(I) TRAVEL SERVICES P P L-3 P
VEHICLE/EQUIPMENT SALES AND
SERVICES -AUTOMOBILE WASHING UP L-12 L-12 ---
-COMMERCIAL PARKING FACILITY PD/U PD/U PD/U ---
-SERVICE STATIONS UP UP UP --- (K), (P)
-VEHICLE/EQUIPMENT REPAIR UP L-12 --- ---
-VEHICLE/EQUIP RENTALS (OFFICE
ONLY) P P L-2 ---
39
Page 20.15-5
Commercial Districts
01/01/08
Commercial Districts: Land Use Regulations
P = Permitted
UP = Use permit
PD/U = Use permit issued by the Planning Director
L = Limited (see Additional Use Regulations)
--- = Not Permitted
RSC APF RMC CN Additional
Regulations
-VEHICLE/EQUIPMENT RENTALS UP L-12 L-3 ---
-VEHICLE/EQUIPMENT SALES UP L-12 --- ---
-LIMITED PD/U L-12 --- ---
-VEHICLE STORAGE L-12 L-12 --- ---
VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U PD/U ---
-HOTELS, MOTELS AND TIME-SHARES UP UP UP --- (O)
-RV PARKS UP --- UP ---
-SRO RESIDENTIAL HOTELS UP UP --- ---
WAREHOUSING AND STORAGE, LIMITED --- UP --- --- (L) WAREHOUSING AND STORAGE, SELF
SERVICE --- UP --- --- (L)
INDUSTRIAL (A), (B), (C),
(D)
INDUSTRY, CUSTOM
-LIMITED UP --- --- ---
INDUSTRY, LIMITED -SMALL-SCALE UP --- --- ---
INDUSTRY, MARINE-RELATED --- --- UP --- (E) STORAGE AND DISTRIBUTION --- PD/U --- --- (L)
AGRICULTURAL AND EXTRACTIVE USES (A), (B), (C) MINING AND PROCESSING L-10 L-10 L-10 --- (M)
ACCESSORY USES (A), (B), (C) ACCESSORY STRUCTURES AND USES P/UP P/UP P/UP P/UP
TEMPORARY USES (A), (B), (C) ANIMAL SHOWS P P P --- (N) CHRISTMAS TREE/PUMPKIN SALES L-5 L-5 L-5 L-5
(B) CIRCUSES AND CARNIVALS P P P --- (N) COMMERCIAL FILMING, LIMITED P P P P
(N) FAIRS AND FESTIVALS P P P P
(N) HELIPORTS, TEMPORARY L-5 L-5 L-5 --- (G) OUTDOOR STORAGE & DISPLAY, P ---P P (D)
40
20.20.020
(Newport Beach 6-16)700
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
—Not allowed *
Land Use
CC CG CM CN CV CV-LV
Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
Industry, Manufacturing and Processing, and Warehousing Uses
Handicraft Industry P P P P P P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities CUP CUP CUP CUP CUP CUP
Commercial Recreation and Entertainment CUP CUP CUP CUP CUP CUP
Cultural Institutions P P MUP — P —
Schools, Public and Private — CUP CUP CUP CUP —
Retail Trade Uses
Alcohol Sales (off-sale) MUP MUP MUP MUP MUP MUP Section
20.48.030
Alcohol Sales (off-sale), Accessory Only P P P P P P
Bulk merchandise — P — P — —
Marine Rentals and Sales
Boat Rentals and Sales — CUP CUP — CUP P
Marine Retail Sales P P P — P P
Retail Sales P P P P — —
Visitor-Serving Retail P — — — P P
Service Uses—Business, Financial, Medical, and Professional
ATM PPPPPP
Emergency Health Facility/Urgent Care
(above 1st floor only)
MUP MUP — — MUP —
Financial Institutions and Related Services P P — P P P
Offices—Corporate (above 1st floor only) P P P P — —
Offices—Business PPPPPP
Offices—Medical and Dental P P — P P —
Offices—Professional (above 1st floor
only)
PPPPP—
Outpatient Surgery Facility (above 1st
floor only)
MUP MUP P — — —
Service Uses—General
Ambulance Services — MUP — — — —
41
20.20.020
701 (Newport Beach 6-23)
Animal Sales and Services
Animal Boarding/Kennels CUP CUP — CUP — — Section
20.48.050
Animal Grooming P P — P P — Section
20.48.050
Animal Retail Sales P P — P P — Section
20.48.050
Veterinary Services CUP CUP — CUP — — Section
20.48.050
Artists’ Studios P P P P P P
Catering Services — P P P P —
Day Care, General MUP MUP — MUP MUP —
Eating and Drinking Establishments
Accessory Food Service (open to public) P P P P P P Section
20.48.090
Bars, Lounges, and Nightclubs CUP CUP CUP CUP CUP — Section
20.48.090
Fast Food (no late hours) (1)(2) P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/MUP Section
20.48.090
Fast Food (with late hours) (1) MUP MUP MUP MUP MUP MUP Section
20.48.090
Food Service (no alcohol, no late hours)
(1)(2)
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/MUP Section
20.48.090
Food Service (no late hours) (1) MUP MUP MUP MUP MUP MUP Section
20.48.090
Food Service (with late hours) (1) CUP CUP CUP CUP CUP CUP Section
20.48.090
Take-Out Service—Fast-Casual (up to
20 seats) (2)
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/
MUP
P/MUP Section
20.48.090
Funeral Homes and Mortuaries, without
crematorium
—MUP— — — —
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS (Continued)
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
—Not allowed *
Land Use
CC CG CM CN CV CV-LV
Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
42
20.20.020
(Newport Beach 6-23)702
Funeral Homes and Mortuaries, with
crematorium
—CUP— — — —
Health/Fitness Facilities
Small—2,000 sq. ft. or less P P P P P P
Large—Over 2,000 sq. ft. MUP MUP MUP MUP MUP —
Laboratories — P — — — —
Maintenance and Repair Services P P — P — —
Marine Services
Boat Storage — — CUP — — —
Boat Yards — — CUP — — —
Entertainment and Excursion Services — — P — P P Title 17
Marine Service Stations — — CUP — CUP —
Water Transportation Services — — MUP — MUP —
Massage Establishments MUP MUP — MUP MUP MUP Chapter 5.50
Section
20.48.120
Massage Services, Accessory MUP MUP — MUP MUP MUP Section
20.48.120
Nail Salons P P — P P P
Personal Services, General P P — P P P
Personal Services, Restricted MUP MUP — MUP MUP —
Studio P P — P P —
Postal Services P P — P P —
Printing and Duplicating Services P P — P — —
Recycling Facilities
Collection Facility—Small MUP MUP — MUP — — Section
20.48.160
Smoking Lounges — — — — — —
Tattoo Establishments — P — — — — Section
20.48.230
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS (Continued)
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
—Not allowed *
Land Use
CC CG CM CN CV CV-LV
Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
43
20.20.020
703 (Newport Beach 6-23)
Visitor Accommodations
Bed and Breakfast Inns MUP MUP MUP — MUP CUP Section
20.48.060
Hotels and Motels CUP CUP CUP — CUP CUP
RV Parks — — — — CUP —
Time Share Facilities — CUP — — CUP — Section
20.48.220
SRO Residential Hotel CUP CUP CUP CUP CUP —
Transportation, Communications, and Infrastructure Uses
Communication Facilities MUP P MUP — P P
Marinas Title 17
Marina Support Facilities — — MUP — MUP —
Parking Facilities MUP MUP MUP MUP MUP MUP
Parking Structure, adjacent to residential
zoning district
CUP CUP — CUP CUP CUP
Utilities, Minor P P P P P P
Utilities, Major CUP CUP CUP CUP CUP CUP
Wireless Telecommunication Facilities CUP/
MUP/
LTP
CUP/
MUP/
LTP
CUP/
MUP/
LTP
CUP/
MUP/
LTP
CUP/
MUP/
LTP
CUP/
MUP/
LTP
Chapter 20.49
Vehicle Rental, Sale, and Service Uses
Vehicle/Equipment Rentals
General — CUP — — CUP —
Office Only PPPPP—
Limited P P P — P —
Vehicles for Hire — CUP — — CUP —
Vehicle/Equipment Repair
General — CUP — — — —
Limited MUP MUP MUP — — —
Vehicle/Equipment Sales
General — CUP — — — —
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS (Continued)
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
—Not allowed *
Land Use
CC CG CM CN CV CV-LV
Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
44
20.20.030
(Newport Beach 6-23)704
* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed,
except as otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of
the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any resi-
dential zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
(Ord. 2023-6 § 1 (Exh. A), 2023; Ord. 2021-27 § 1 (Exh. A § 1), 2021; Ord. 2015-35 § 6 (Exh. C), 2015; Ord.
2015-15 § 1, 2015; Ord. 2014-1 §§ 3, 4, 2014; Ord. 2013-4 §§ 1, 2, 2013; Ord. 2010-21 § 1 (Exh. A)(part),
2010)
20.20.030 Commercial Zoning Districts
General Development Standards.
New land uses and structures, and alterations to
existing land uses and structures, shall be designed,
constructed, and/or established in compliance with
the requirements in Table 2-6 and Table 2-7, in addi-
tion to the development standards in Part 3 of this
title (Site Planning and Development Standards).
Office Only P P P P P —
Limited — P — — — —
Vehicle/Equipment Services
Automobile Washing/Detailing, full
service
—MUP—MUPMUP—
Automobile Washing/Detailing, self-
service or accessory
PP—PMUP—
Service Stations CUP CUP — CUP CUP — Section
20.48.210
Other Uses
Accessory Structures and Uses P P P P P P
Drive-Through Facilities MUP MUP MUP MUP MUP — Section
20.48.080
Special Events Chapter 11.03
Outdoor Storage and Display P P P P P MUP Section
20.48.140
Temporary Uses LTP LTP LTP LTP LTP LTP Section
20.52.040
TABLE 2-5
ALLOWED USES AND PERMIT
REQUIREMENTS (Continued)
Commercial Retail Zoning Districts
Permit Requirements *
P Permitted by Right
CUP Conditional Use Permit (Section 20.52.020)
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
—Not allowed *
Land Use
CC CG CM CN CV CV-LV
Specific Use
Regulations
See Part 7 of this title for land use
definitions.
See Chapter 20.12 for unlisted uses.
45
INTENTIONALLY BLANK PAGE46
Attachment No. PC 4
Applicant’s Justification Letter
47
INTENTIONALLY BLANK PAGE48
30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, California 92675 • (949) 581-2888
September 11, 2023
Mr. James Campbell Deputy Community Development Director Community Development Department 100 Civic Center Drive Newport Beach, CA 92660
Subject: Amendment to Newport Village Planned Community Development Plan Revised Project Narrative
Dear Mr. Campbell:
On behalf of Irvine Company, CAA Planning (CAA), submits this revised project narrative to include a topic heading “Corona Del Mar Plaza Parking” containing information related to parking supply and management at Corona Del Mar Plaza (CDM Plaza).
An application for an amendment to the Newport Village Planned Community Development Plan (PC Text) was submitted on June 28, 2023. The PC Text was established by the City of Newport Beach to address land use designations and regulations within the Newport Village Newport Village Planned Community (Community). The PC Text was initially adopted in 1983, and subsequently amended in 1992, 1995, 2009, and 2023.
The proposed PC Text amendment detailed herein is to allow for a general update of the entire PC Text to reflect the existing conditions of the Community which is now fully developed. It will also identify specific changes to the Development Standards for the Retail sub-area regarding outdoor patio areas and signage.
Section V - Retail The proposed revisions to Section V are detailed below:
1.The definition of “Gross Floor Area” is proposed to be amended consistent with the Cityof Newport Beach Zoning Code definitions (page 8 of the attached redline PC Text).2.The definition of “Restaurant” is proposed to be amended consistent with the City ofNewport Beach Zoning Code Section 20.70.020 (page 8 of the attached redline PC Text).3. Subsection A. Permitted Uses is proposed with added language for uses consistent withNewport Beach Zoning Code Section 20.20.020. (page 9 of the attached redline PC Text)4.Subsection B. Site Plan Review Required is proposed to be removed because the retailcenter is now fully constructed. (page 8 of the attached redline PC Text)5.Subsection C. is proposed to be removed because it is unnecessary. Subsection A.6Permitted Uses adequately addresses uses permitted subject to the City of NewportBeach Zoning Code. (page 9 of the attached redline PC Text)6. Subsection D. Development Standards is proposed with language to clarify consistencywith City of Newport Beach calculation of Gross Floor Area. (page 9 and 10 of theattached redline PC Text)
49
Mr. James Campbell September 11, 2023
Page 2 of 3
General Plan
General Plan Policy LU 5.2.1 requires new development within existing commercial districts, centers, and corridors complement existing uses and exhibit a high level of architectural and site design. The proposed changes are more in line with the Municipal Code and will allow the existing retail development to continue to complement the surrounding existing uses. General Plan Policy LU 5.2.2 requires that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts. The proposed changes will allow the existing retail development to reduce impacts to the adjoining residential neighborhood.
City Charter Section 423
The proposed amendment is consistent with the General Plan. It does not propose an increase in the development limits or an increase in traffic trips. City Charter Section 423 does not apply to this amendment.
Zoning Code
The Zoning Code allows amendments to a Planned Community District development plan through the same procedure specified for the adoption of the development plan.
Corona Del Mar Plaza Parking
The Newport Village Planned Community requires that Corona Del Mar Plaza (CDM Plaza) maintain a parking rate of 4.9 spaces per 1,000 sf of gross floor area. While the proposed PC text amendment will exclude patios from the maximum gross floor area at CDM Plaza, the parking rate for patios, including existing and future patios, would still need to be parked at 4.9 spaces per 1,000 sf. The proposed PC amendment would not have an impact on parking supply, as no development is proposed with the PC amendment, and the existing patio areas are already included in the parking supply count for the shopping center.
CEQA
The proposed PC Amendment is consistent with CEQA Guidelines section 15061(b)(3), the “common sense” exemption. This exemption applies “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The proposed PC Amendment incorporates updates consistent with previously approved actions, makes minor corrections or clarifications and includes changes in the development standards that mirror the Zoning Code. No new construction will occur as a result of the transfer. In addition, the intensity is within the development limits established in the City’s General Plan and will not increase the overall intensity allowed by the General Plan. unchanged. The project is consistent with the General Plan for the reasons outlined above and will not result in impacts to the environment.
The enclosed application includes the City’s Planning Application form, an authorization letter from Irvine Company allowing CAA to act as a representative for the project, and a check payable to the City of Newport Beach in the amount of $8,118.00 ($7,000 for PC Amendment and $518 for public hearing fees) to establish a deposit account for the Planned Community amendment. In
50
Mr. James Campbell September 11, 2023
Page 3 of 3
addition, we have included a full copy of the Planned Community Development Plan as proposed and a set of the amended pages only, both in track changes format.
We appreciate the City’s consideration of this amendment to Newport Village PC. Please do not hesitate to call us at (949) 581-2888 with any questions.
Sincerely,
CAA PLANNING, INC
Shawna L. Schaffner Chief Executive Officer
Attachments: Planning Application Proposed Amended Planned Community Development Plan Proposed Planned Community Development Plan (Amended pages only in Track Changes) Radius Map and Noticing Labels Letter of Authorization Deposit Check
51
NEWPORT VILLAGE PLANNED COMMUNITY AMENDMENT (PA2023-0122)
AREA 5 USES & DEFINITIONS
Planning Commission, Public Hearing
September 21, 2023
Joselyn Perez, Associate Planner
949-644-3312, jperez@newportbeachca.gov
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
VICINITY MAP
2 of 12
VICINITY MAP
Corona del Mar Plaza
(Area 5)
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
VICINITY MAPLAND USE
Residential
Office
Public Facilities
Open Space
Commercial
Commercial
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
OBJECTIVES
4 of 8
Applicant Requested
-Reflect current condition of the plaza
-Modernize terminology
-Provide flexibility with allowed uses
-Simplify project review
Consistency with the NBMC
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
PROPOSED AMENDMENT
5 of 8
•Gross Floor Area Definition. Update definition of “Gross Floor Area (GFA)” so
outdoor patios are no longer counter toward GFA.
•Restaurant Definition. Removes restriction that limits outdoor dining to 25% of total floor area and limits live entertainment to 20% of total floor area.
•Site Plan Review. Remove requirement for site plan review by Planning Commission and City Council.
•Allowed Uses. Update permitted uses to allow the uses of the General Commercial
(CG) Zone, subject to the permitting requirements of the CG Zone.
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
ANALYSIS
6 of 8
•Land Use Compatibility
-Not likely to change general function of CdM Plaza
-Use permit still required for certain uses
•Consistency with the General Plan
-No General Plan amendment required
-Supports goals & policies in General Plan
•Parking
-494 spaces required & 528 spaces provided
-No change to required parking
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
RECOMMENDATION
&
NEXT STEPS
1)Conduct a public hearing
2)Find the amendment is not a
project subject to the California
Environmental Quality Act (CEQA)
3)Adopt Resolution No. PC2023-036
recommending the City Council
approve the Planned Community
Development Plan Amendment
Next step: Introduce Ordinance at
City Council on October 10, 2023
7 of 8
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
QUESTIONS?
Planning Commission, Public Hearing
September 21, 2023
Joselyn Perez, Associate Planner
949-644-3312
jperez@newportbeachca.gov
Planning Commission - September 21, 2023 Item No. 4a - Additonal Materials Presented at the Meeting by Staff Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Newport Village Planned Community
Planning Commission
September 21, 2023
Item No. 4
PC Text Amendment
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Newport Village Planned CommunityPlanning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Retail Area (Section V.)Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Retail Area (Section V.)
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Proposed Amendment
•Provide consistency with current Zoning Code:
•Uses permitted by General Commercial District
•Gross Floor Area definition
•Restaurant definition
•Patio definition
•Remove unnecessary sections:
•Strike Subsection B. SITE PLAN REVIEW REQUIRED (The shopping center is fully constructed)
•Strike Subsection C. USES REQUIRING A USE PERMIT (Permitted Uses are addressed in Subsection A. PERMITTED USES)
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Unchanged Components
•Other PC components for retail commercial center
will not change:
•Maximum Floor Area 105,000 square feet
•Maximum 15% restaurant use
•Parking ratio of 4.9 spaces per 1,000 sf
•No construction proposed
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Improved Process
•Improved process examples:
•Med-Spa (Alchemy 43) – Permitted by right in RSC
and GC. However, uses not specified in the PC but
included in RSC require a use permit. Health and
Fitness is a similar example.
•Restaurant Patio (Gulfstream and Tommy Bahama) –
NBMC Title 20 excludes patio from GFA. However,
the PC does not make that distinction.
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Requested Action
•Find the project consistent with the General Plan
•Find the project consistent with the intent of PC 27 Area 5 (Retail)
•Find that the project is exempt from CEQA
•Adopt Resolution No. PC2023-036 and recommend approval to City Council
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)
Planning Commission - September 21, 2023 4b - Additional Materials Received
Newport Village Planned Community Development Plan Amendment (PA2023-0122)