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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; 1 INTENTIONALLY BLANK PAGE2 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 2 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. 3 INTENTIONALLY BLANK PAGE4 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 3 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 5 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 4 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. 5 6 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 5 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 7 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 6 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 8 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 7 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 9 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 8 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 10 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 9 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. 11 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 11 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: 12 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 12 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 13 INTENTIONALLY BLANK PAGE14 Attachment No. PC 1 Draft Resolution recommending City Council Approval 15 INTENTIONALLY BLANK PAGE16 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”); 17 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) 18 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 21 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)