HomeMy WebLinkAboutPC2023-036 - 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) (PA2023-0122)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) (PA2023-0122) 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.
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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 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
percent of dining area be provided as incidental, outdoor dining area, and limits net
public area devoted to live entertainment and/or dancing to 20 percent 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”)
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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 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: Barto, Ellmore, Harris, Langford, Lowrey, Rosene and Salene NOES: None
ABSTAIN: None
ABSENT: None
BY:_________________________ Curtis Ellmore, Chair
BY:_________________________ Tristan 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
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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
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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 percent
(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.
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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.
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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 ensure 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 five percent 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:
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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 (PA2009-111) 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
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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 (PA2023-0071) 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. ###-## (PA2023-0122) Request to amend the Newport Village Planned Community Development Plan to revise definitions and allowed uses for Area 5.
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