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HomeMy WebLinkAbout14 - Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 (PA2023-0122)Q �EwPpRT c 9C/FOR TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 10, 2023 Agenda Item No. 14 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Joselyn Perez, Associate Planner - 949-644-3312, jperez@newportbeachca.gov TITLE: Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 (PA2023-0122) ABSTRACT: For the City Council's consideration is a request to amend the Newport Village Planned Community (PC-27) Development Plan to modify the definitions and allowed uses listed under Section V. of the Development Plan, which regulates the area designated as Area 5 (Retail) and commonly known as the Corona del Mar Plaza Shopping Center. The applicant desires to remove outdated references, make the Development Plan more consistent with the Newport Beach Municipal Code (NBMC), and allow more streamlined review of new tenants. RECOMMENDATIONS: a) Conduct a public hearing; b) Find the introduction and adoption of this ordinance 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 c) Waive full reading, direct the City Clerk to read by title only, and introduce Ordinance No. 2023-15, An Ordinance of the City Council of the City of Newport Beach, California, Approving 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), and pass to second reading on October 24, 2023. DISCUSSION: The Newport Village Planned Community (PC-27) contains five distinct land use areas. 14-1 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 2 As shown below in Figure 1, these areas are designated as Area 1 through Area 5. The areas are intended for the development of retail, governmental, institutional and open space uses. The proposed amendment, which is described in detail below, was requested by the private property owner (Irvine Company) and would only apply to Area 5. 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. NEWPORT VILLAGE PLANNED COMMUNITY DISTRICT FASHION ISL"D /' \ vb / �3. . OPEN SPACE N GOVERNMENTAL/INSTITUTIONAL F RETAIL s NOT A PART Figure 1: Land Use Plan and Aerial Photograph for PC-27, Highlighting Area 5 (Corona del Mar Plaza) Planning Commission Recommendation On September 21, 2023, the Planning Commission held a public hearing to consider the proposed amendment and adopted Resolution No. PC2023-036 (Attachment B) by a unanimous vote, recommending approval to the City Council. The staff report to the Planning Commission is included as Attachment C. 14-2 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 3 The Planning Commissioners briefly discussed the potential with approval of the proposed amendment for the applicant to perform small additions and increase the total amount of restaurant space. Chase Gilmore, vice president of development with Irvine Company, addressed the Commissioners and clarified that Irvine Company currently has no plans to expand Corona del Mar Plaza or add more restaurants. During the public comment portion of the hearing, one member of the public, Jim Mosher, commented on the intent of the amendment. Ultimately there were no changes made or recommended to the text of the amendment. The draft meeting minutes are available as Attachment D. Proposed Amendment In filing the application for the amendment, Irvine Company has identified a need for greater flexibility in the development regulations and the proposed amendment brings the PC-27 Development Plan more in line with the Newport Beach Municipal Code (NBMC). The proposed updated language for Section V of the PC-27 Development Plan is provided in redline/strikeout format as Attachment E to this report, and the changes are summarized below. 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 it is not within an enclosed building. There is approximately 4,000 square feet of outdoor dining space in 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 percent 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 percent 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 (after 11 p.m.) 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 Community Development Department director. 14-3 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 4 The amendment will eliminate this review requirement as Corona del Mar Plaza is now fully constructed and changes to the shopping center should be minor in nature, therefore making a site plan review unnecessary. 4. Allowed Uses and Permit Requirements. 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" and the "Retail and Service Commercial District (RSC) Zoning District". Subsection A (Permitted Uses) would be updated to allow the uses of the CG (Commercial General) District, subject to the land use permitting requirements of Table 2-5 of Section 20.20.020 (Commercial Zoning District Requirements) of the NBMC. Subsection C would be eliminated as unnecessary. The proposed change would subject the shopping center to the same process of the current CG zone. 5. Consistency Updates. Minor changes to the development standards of Section V. to incorporate the revisions described above. 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. Modernizing, and ultimately streamlining, the allowed uses of Corona del Mar Plaza help 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. 14-4 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 5 Land Use Compatibility Updating the allowed uses within Area 5 from the RSC District, which no longer exists, to those allowed by the current CG District represents the greatest potential for conflicts with surrounding land uses. However, 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). 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 currently sets a minimum number of required parking spaces for Corona del Mar Plaza with a blended parking rate of 4.9 off-street parking spaces for every 1,000 square feet of GFA, regardless of the individual uses of the shopping center. Additionally, there is a 15 percent limit on GFA that may be developed as a restaurant use. Similar to this requirement in PC-27, shopping centers in other areas of the city use a blended rate for minimum parking requirements. Section 20.40.050 (Parking Requirements for Shopping Centers) of the NBMC allows shopping centers to use a blended parking rate of five 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. Section 20.40.050 provides no specific requirement to park for outdoor dining areas. PC-27, with its amended definitions and no change to the 15 percent restaurant maximum, has 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 of Corona del Mar Plaza from 515 to 494 spaces. Corona del Mar Plaza currently provides 528 spaces, resulting in a modest parking 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 a 2018 effort by Irvine Company to restripe the Corona del Mar Plaza parking lot and provide more parking spaces, Irvine Company also 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 dedicating a rideshare drop off/pick up area. 14-5 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 6 Consistency with the General Plan Area 5 is categorized as Commercial General (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 Commercial General 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 regard to the updated definitions for gross floor area for 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 Policies General Plan Goal or Policy Consistency Policy LU 1.5 (Economic The amendment should help ensure the viability of Health) the shopping center in preserving the existing commercial land use, by allowing the property owner Encourage a local economy that more opportunities to attract high -quality, revenue - provides adequate commercial, generating businesses. office, industrial, and marine - oriented opportunities that provide employment and revenue to support high quality community services. Policy LU 2.4 (Economic PC-27 currently requires approval of a conditional Development) use permit to allow uses authorized by the now defunct Retail and Service Commercial (RSC) Accommodate uses that maintain Zoning District. Aligning the allowed uses with the or enhance Newport Beach's contemporary Commercial General (CG) Zoning fiscal health and account for District of the NBMC helps the shopping center more market demands, while readily provide services consistent with the current maintaining and improving the needs and preferences of the community. quality of life for current and future residents. 14-6 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 7 Table 1- Applicable Policies General Plan Goal or Policy Consistency LU 3.1 (Neighborhoods, The amendment will not introduce land uses that are Districts, Corridors, and Open likely to change the general function of the Area 5. The Spaces) shopping center will continue to function as a shopping center, providing a mix of retail and service uses, as Maintain Newport Beach's pattern provided in PC-27. of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. LU 4.1 (Land Use Diagram) Area 5 is located within Anomaly 47, Statistical Area L1. Without the revision to the definition to GFA, the Accommodate land use Plaza has developed 104,999 square feet of its development consistent with the 105,000 General Plan allowance and is fully built out. Land Use Plan. 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 Corona del Mar Plaza and is, arguably, negligible. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the introduction and adoption of this ordinance 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. NOTICING: Notice of this hearing was published in the Daily Pilot and mailed to all owners of property within PC-27 and within 300 feet of the boundaries of PC-27. Notice of the hearing was posted at four locations throughout PC-27. The item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. 14-7 Ordinance No. 2023-15: Amendment to the Newport Village Planned Community Development Plan to Update Definitions and Allowed Uses Within Area 5 October 10, 2023 Page 8 ATTACHMENTS: Attachment A —Ordinance No. 2023-15 Attachment B — Planning Commission Resolution No. PC2023-036 Attachment C — Planning Commission Staff Report, Dated September 21, 2023 Attachment D — Draft Planning Commission Minute Excerpts, Dated September 21, 2023 Attachment E —Amended Planned Community Development Plan (redline) 14-8 Attachment A Ordinance No. 2023-15 14-9 ORDINANCE NO. 2023-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING 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) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the Newport Village Planned Community ("PC-27") District has been implemented in accordance with the Newport Beach General Plan ("General Plan"); WHEREAS, PC-27 encompasses 33.3 acres generally bounded by San Joaquin Hills Road to the north, MacArthur Boulevard to the east, Coast Highway to the south, and Avocado Avenue to the west with 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; WHEREAS, 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; WHEREAS, Corona del Mar Plaza is intended to provide for a broad range of commercial uses appropriate to a retail commercial center including retail, restaurants, and other service -oriented uses; WHEREAS, an application was filed by CAA Planning ("Applicant"), on behalf of The Irvine Company LLC concerning the 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 to initiate an amendment to the PC-27 Development Plan; 14-10 Ordinance No. 2023- Page 2 of 4 WHEREAS, 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" consistent with the definitions provided in Chapter 20.70.020 (Definitions) of the Newport Beach Municipal Code ("NBMC"); ii. Amend Subsection A (Permitted Uses) to allow the uses of the General Commercial Zoning District, subject to the same permitting requirements, consistent with 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) to revise the definition of Gross Floor Area and other non -substantive revisions for consistency ("Code Amendment"), WHEREAS, the Planning Commission held a public hearing 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 hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2023-036 by a unanimous vote (7 ayes, 0 nays) recommending approval of the Code Amendment to the City Council; and WHEREAS, the City Council held a public hearing on October 10, 2023, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council does hereby approve the Code Amendment as set forth in Exhibit "A," based upon the Findings in Exhibit "B," both of which are attached hereto and incorporated herein by reference. 14-11 Ordinance No. 2023- Page 3 of 4 Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of this ordinance 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 Code 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 Code 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 to implement. The Code Amendment in and of itself does not authorize new development that would directly result in physical change to the environment. Section 5: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Village Planned Community Development Plan shall remain unchanged and shall be in full force and effect. 14-12 Ordinance No. 2023- Page 4 of 4 Section 6: The Mayor shall sign and the City Cleric shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of October 2023, and adopted on the 24th day of October, 2023, by the following vote, to -wit - AYES: NAYS: ABSENT: NOAH BLOM, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARbN ARP eTY ATTORNEY Attachme ts: Exhibit A — Code Amendment (PA2023-0122) Exhibit B — Findings in Support of Code Amendment (PA2023- 0122) 14-13 EXHIBIT "A" CODE AMENDMENT (PA2023-0122) 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 14-14 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 of Specialized Terms) of the Newport Beach Municipal Code for Eating and Drinking Establishments (Land Use). Subsection A (Permitted Uses) of Section V (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 14-15 requirements set forth in 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 as Subsection B (Development Standards) 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 (Height Limits and Exceptions) 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. 14-16 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. 1. 5. Ling: 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: Parkin Lot 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 Direction of Light Visible Light Source Building Lighting Design: Minimum one (1) footcandle per the City of Newport Beach Police Department. Down only. The light source for each luminaire shall not be visible above the horizontal plane. 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. 14-17 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. 14-18 The Appendix of the PC-27 Development Plan shall be amended to read as follows: 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 trans- ferred 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 Govenunental/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 14-19 frontage on San Joaquin Hills Road and the open space corner portion at San 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. 14-20 EXHIBIT "B" FINDINGS IN SUPPORT OF CODE AMENDMENT (PA2023-0122) An 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, and 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 do not set forth any required findings for either approval or denial of such amendments. Notwithstanding the foregoing, the Code Amendment is consistent with the General Plan's Goals and, specifically, the following General Plan Policies: Policy: LU 1.5 (Economic Health) 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 Code 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 Commercial General (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: 14-21 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 Poliic: 1. The purpose and intent of the Commercial General (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 Commercial General (CG) Zoning District should complement the existing allowed uses of Area 5. 2. The Code 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. 3. Uses allowed by the Commercial General (CG) 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 Code Amendment is appropriate for the following reasons: 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 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. 2. 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 Code Amendment would treat restaurants identically to other eating and drinking establishments in terms of definitions as well as process. 14-22 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. The Code Amendment will eliminate this review requirement as Corona del Mar Plaza is now fully constructed and changes to the shopping center should be minor in nature, 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 Zoning Code, prior to 2010, but no longer exists in the current version as part of the comprehensive update to the Zoning Code which took place in 2010. 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 Commercial General (CG) Zoning 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 Code Amendment would subject the shopping center to the same process as other uses within the current Commercial General (CG) zone. 14-23 Attachment B Planning Commission Resolution No. PC2023-036 14-24 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 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. 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: 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"); 14-25 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 2 of 12 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) 14-26 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 3 of 12 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: 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. 14-27 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 4 of 12 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: 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") 14-28 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 5 of 12 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: bwfis f"bm Curtis Ellmore, Chair BY: Tiisfav, RA.v'v'iS Tristan Harris, Secretary Attachment: Exhibit A — PC-27 Development Plan Amendment 14-29 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 6 of 12 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 14-30 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 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 14-31 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 2 of 12 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. 01-17-23 14-32 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 3 of 12 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. 01-17-23 14-33 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 4 of 12 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: 01-17-23 14-34 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 5 of 12 /_1aa4kiIQVII 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 01-17-23 14-35 DocuSign Envelope ID: BFE6DCF8-3463-4C66-B152-19ACFF5ADFF5 Planning Commission Resolution No. PC2023-036 Paae 6 of 12 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. 01-17-23 14-36 Attachment C Planning Commission Staff Report, Dated September 21, 2023 14-37 PO CITY OF NEWPORT BEACH n PLANNING COMMISSION STAFF REPORT ' September 21, 2023 �+ZIFOP. P 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(c�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 14-38 2 14-39 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 14-40 4 14-41 Newport Village Planned Community Development Plan Amendment (PA2023-0122) Planning Commission, September 21, 2023 Page 3 VICINITY MAP EIrrH.aLl �• �. �- a `t_ 9 aSSnTT �,s ¢ fir• - y �. �4 ... '.ran. �T _ .k � I � � �ii� f �t�,� j,• 4 __ GENERAL PLAN ZONING c� �q AN—ALr r'o co 7 � B�rRs � oa eoi Q 4 R�R6hEI� Rrl F >sC [k •.. /J/ �1L1` '0 - TT'y /Ij,�/.2� �p/Qq 60�� �q G4`�vR 'ory - O lic ,P �p ,p Qv yFT QUy,9gq � ?P �2o �F%` FP�eA!' �r�O sF O� 0'SF LOCATION GENERAL PLAN ZONING CURRENT USE ON -SITE General Commercial Newport Village Planned Corona del Mar Plaza CG Community (PC-27 Shopping Center NORTH Public PC-27 Newport Beach Central Library PFacilities SOUTH Corridor Commercial Commercial Corridor Retail, restaurant, office CC CC EAST ngle-Unit Residential SiDetached Point Del Mar Planned Residential RS-D Community (PC-34) Regional Commercial WEST Office Corporate Plaza (PC-17) Office CO-R 14-42 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. NEWPORT VILLAGE PLANNED COMMUNITY DISTRICT t FAShIfONMAND `" �r f � —1 OPEN SPACE a GOVERNMENTAL/INSTITUTIONAL RETAIL s NOT A PART 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. 0 14-43 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 14-44 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 g 14-45 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 14-46 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 shoppin center in preserving the existing 10 14-4 7 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 commercial land use, by allowing the property owner Encourage a local economy that more opportunities to attract high -quality, revenue provides adequate commercial, generating, businesses. office, industrial, and marine - oriented opportunities that provide employment and revenue to support -high quality community services. Policy LU 2.4 (Economic PC-27 currently requires approval of a conditional Development) use permit to allow uses authorized by the now defunct Retail and Service Commercial (RSC) Accommodate uses that maintain Zoning District. Aligning the allowed uses with the or enhance Newport Beach's contemporary General Commercial (CG) Zoning fiscal healthy and account for District of the NBMC helps the shopping center more market demands, while readily provide services consistent with the current maintaining and improving the needs and preferences of the community. quality of life for current and future residents. LU 3.1 (Neighborhoods, The Amendment will not introduce land uses that are Districts, Corridors, and Open likely to change the general function of the Area 5. The Spaces) shopping center will continue to function as a shopping center, providing a mix of retail and service uses, as Maintain Newport Beach's pattern provided in PC-27. of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. LU 4.1 (Land Use Diagram) Area 5 is located within Anomaly 47, Statistical Area L1. Without the revision to the definition to GFA, the Accommodate land use Plaza has developed 104,999 square feet of its development consistent with the 105,000 General Plan allowance and is fully built out. Land Use Plan. 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 14-48 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: Jim Campbell Deputy Community Development Director 12 14-49 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 is 14-50 Attachment No. PC 1 Draft Resolution recommending City Council Approval 115 14-52 1- 0 14-53 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: 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"); 1-7 14-54 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) 1 g 14-55 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 ? 14-56 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: 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: 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 14-57 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: Am Curtis Ellmore, Chair Tristian Harris, Secretary Attachment: Exhibit A — PC-27 Development Plan Amendment 21 14-58 EXHIBIT "A" I�XI �7��1 ���7�►� 1�►�r,�_1►I_1►� 1�►1�7►� 1�►�� 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 14-59 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 2S 14-60 Planning Commission Resolution No. PC2023-036 Paae 2 of 12 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. 01-17-23 24 14-61 Planning Commission Resolution No. PC2023-036 Paae3of12 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. 01-17-23 25 14-62 Planning Commission Resolution No. PC2023-036 Paae 4 of 12 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: 01-17-23 20 14-63 Planning Commission Resolution No. PC2023-036 Paae 5 of 12 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 01-17-23 27 14-64 Planning Commission Resolution No. PC2023-036 Paae 6 of 12 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. 01-17-23 22 14-65 Attachment No. PC 2 Redline/Strikeout version of the amended Planned Community Development Plan 2� 14-66 s o 14-67 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 14-68 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 ifie ude the areas whieh afe defined by planters, awnings, shade stmetffes, fenees or rails and are fo e*eltisive and pefmanef4 ttse for- display of seating by a tise pefmi4ed by this te�4. 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) subiect to Section 20.70.020 definitions for Eating and Drinkina Establishments. E)f net mefe than stmetufe that is fully enelosed with a foof and walls, and whefe ineiden4al dining to- Ohev evxtevi# `as-a"ri not exeeed twenty j€feent (200 ) of the "net publie afe A. PERMITTED USES 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. Page 8 S2 14-69 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. ._ • er_e��tie!�serr_a�!ers�e!�_ --�.e�s� 110 W 0 4 FLIJ aVA 0 4 0 N W1 W., I WIT."t -11 �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 Page 9 S3 14-70 be calculated as floor area, except as otherwise pefmi 4e4-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. 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. Ling: 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: Parkin Lot of 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 Page 10 34 14-71 Attachment No. PC 3 Comparison of the RSC District and CG District Allowed Uses 35 14-72 s o 14-73 Page 20.15-2 Commercial Districts 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 (A), (B), (C),(D) PUBLIC AND SEMI-PUBLIC 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 ov01/08 3 14-74 Page 20.15-3 Commercial Districts 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 Additional RSC APF RMC CN 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 (A), (B), (C), COMMERCIAL USES (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 (1) 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 UP UP UP UP (I), (P) ENTERTAINMENT COMMUNICATION FACILITIES P P L-3 P EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP PD/U (1), (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 (1), (J), (P) -TAKE-OUT SERVICE, LIMITED PD/U PD/U PD/U PD/U (I), (J), (P) -ACCESSORY P P P P (1), (J), (P) -BARS AND COCKTAIL LOUNGES UP UP UP UP (1), (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) 01/01/08 3 2 14-75 Page 20.15-4 Commercial Districts 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 L-13 L-13 L-13 --- (E), (F) SERVICES -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 --- --- --- (1) PERSONAL IMPROVEMENT SERVICES PD/U PD/U PD/U PD/U (1) -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 P L-1 L-3 P SUPPLIES SECOND HAND APPLIANCES/CLOTHING L-5 L-5 L-5 L-5 (I) SWAP MEETS, RECURRING UP --- --- --- (1) 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 --- ovolio8 �� 14-76 Page 20.15-5 Commercial Districts 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 Additional RSC APF RMC CN 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 --- (0) -RV PARKS UP --- UP --- -SRO RESIDENTIAL HOTELS UP UP --- --- WAREHOUSING AND STORAGE, LIMITED --- UP --- --- (L) WAREHOUSING AND STORAGE, SELF --- UP --- (L) SERVICE (A), (B), (C), INDUSTRIAL (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) ov01/08 40 14-77 20.20.020 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 See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. CC CG CM CN CV CV LV Specific Use Regulations 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 — etail 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 P P P P P P Emergency Health Facility/Urgent Care (above 1 st floor only) MUP MUP — — MUP — Financial Institutions and Related Services P P — P P P Offices —Corporate (above 1 st floor only) P P P P — — Offices —Business P P P P P P Offices —Medical and Dental P P — P P — Offices —Professional (above 1st floor only) P P P P P — Outpatient Surgery Facility (above 1 st floor only) Service Uses —Genera Ambulance Services MUP — MUP MUP P — — — — (Newport Beach 6-16) Kill] 41 14-78 20.20.020 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (Section 20.52.020) REQUIREMENTS (Continued) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) JL — Not allowed Land Use See Part 7 of this title for land use CC CG CM CN CV CV LV Specific Use definitions. Regulations See Chapter 20.12 for unlisted uses. 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/ P/ P/ P/ P/ P/MUP Section MUP MUP MUP MUP MUP 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) P/ P/ P/ P/ P/ P/MUP Section (1)(2) MUP MUP MUP MUP MUP 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 P/ P/ P/ P/ P/ P/MUP Section 20 seats) (2) MUP MUP MUP MUP MUP 20.48.090 Funeral Homes and Mortuaries, without — MUP — — — crematorium 701 (Newport Beach 6-23) 42 14-79 20.20.020 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 See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. CC CG CM CN CV CV LV Specific Use Regulations 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 (Newport Beach 6-23) 702 4 3 14-80 20.20.020 TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS (Continued) JL 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 See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. CC CG CM CN CV CV LV Specific Use Regulations 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 AL Communication Facilities MUP I P I MUP I - I VT 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 P P P P P — Limited P P P — P — Vehicles for Hire — CUP — — CUP — Vehicle/Equipment Repair General CUP — — Limited MUP MUP MUP — — — Vehicle/Equipment Sales General CUP — — 703 (Newport Beach 6-23) 44 14-81 20.20.030 Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND PERMIT CUP Conditional Use Permit (Section 20.52.020) REQUIREMENTS (Continued) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use CC CG CM CN CV CV LV Specific Use definitions. Regulations See Chapter 20.12 for unlisted uses. Office Only P P P P P — Limited P — — — — Vehicle/Equipment Services Automobile Washing/Detailing, full MUP — MUP MUP — service Automobile Washing/Detailing, self- P P — P MUP — service or accessory 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 * 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, (Newport Beach 6-23) %11L'1 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). 4'5 14-82 4 0 14-83 Attachment No. PC 4 Applicant's Justification Letter 47 14-84 4 g 14-85 CAA PLANNING 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 City of 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 of Newport 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 with Newport 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 retail center 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.6 Permitted Uses adequately addresses uses permitted subject to the City of Newport Beach Zoning Code. (page 9 of the attached redline PC Text) 6. Subsection D. Development Standards is proposed with language to clarify consistency with City of Newport Beach calculation of Gross Floor Area. (page 9 and 10 of the attached redline PC Text) 30900 Rancho Viejo Road, Suite 285 • San Juan Capistrano, California 92675 • (949) 581-2888 49 14-86 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 14-87 ?A - 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 /Z_ / Z /1�— — 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 '5i 14-88 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) CITY OF NEWPORT BEACH 14-89 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) 14-90 LAND US S-D W— 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) ob ds lew Nature 39 S ANOMALY ca 1� DU co0 37 A? CO ANOMALY N W� 7, 46 Office 36. �Z- AWU Jry ANOMALY t civic DR'n nVyfPnrk C Center �11r. 45 1P CO-G CEN ANOMALY C"M M Ak Q. A& COF 9, 6- T 34 Public Facilities co b ANOMALY O Residential mmercial r Commecial 40 V, 9 1P ANOMA Ok -1 0 10 Lincoln Athletic Center Lincoln Elementary 14-91 Applicant Requested Reflect current condition of the plaza Modernize terminology Provide flexibility with allowed uses Simplify project review Consistency with the NBMC I, CITY OF NEWPORT BEACH 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) 4 of 8 14-92 Planning Commission - September 21, 2023 4a - Additonal Materials Presented at the Meeting by Staff .ommunity Development Plan Amendment (PA2023-0122) 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. I, i CITY OF NEWPORT BEACH 5 of 8 14-93 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) ri 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 I, i CITY OF NEWPORT BEACH 6 of 8 14-94 I, CITY OF NEWPORT BEACH 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) 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 14-95 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 0perez _newportbeachca.gov 14-96 Planning Commission - September 21, 2023 4b - Additional Materials Received Newport Village Planned Community Development Plan Amendment (PA2023-0122) Newport Village Planned Community Planning Commission September 21, 2023 Item No. 4 PC Text Amendment 14-97 Planning Commission - September 21, 2023 Village nal nterialsved Newport Z m s k 60 T �2 oy 9 Gq G e�c 4 Cq NYON Da v s a 'ice m EL DR '��hFCgf.Fk0 R s b '7G C` 9�sfGF F�FrF rH�RG t, C Community Youth t,RGUERITE Alt- O9!- GP 1 P �,� f� Center (CYC) F FfR �P FO I'F l�ry/'! OASIS Slmar Carrtar� • it y NBG�S Disclaimer: N E W P O R T B E A C H Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of © �EwPpRr Newport Beach and its employees and agents 6 0 ,�'000 2fO0o disclaim any and all responsibility from or relating to L" any results obtained in its use. U Snn 4,�aQe�" Feet 14-98 Planning Commission - September 21, 2023 Retail Area Section �� 4b -Additional Materials Received Ne Villa e Planned Community Development Plan Amendment (PA2023-0122) I ,' ��'• ����- � ��� ,,�. rir Civic Centerk �1 I �4� .�' �i i� • .�'�..' . ° ? ,�4 Community 104 J �.: / III . +tom +� IS .#, y r* Central 1 +r Q. D y� a �i-� �.. _ �` , Q � Fipl - H`Library fir F RQ Ipp 1 fir.. �.. 1 • 'Y 1 . iV,i yy. SS. j'r 'R _r' ` r �r ' A �i c i' '7q r- _ .STF-. '� r it �� �• •'� `'� 14-99 Planning Commission - September 21, 2023 II 4b - Additional Materials Received Newport Village Planned Community Development Plan Amendment (PA2023-0122) Retail Area (Section V.) 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. 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. 14-100 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) 14-101 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 propose 14-102 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. 14-103 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 CEOA • Adopt Resolution No. PC2023-036 and recommend approval to City Council 14-104 Attachment D Draft Planning Commission Minute Excerpts, Dated September 21, 2023 14-105 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, SEPTEMBER 21, 2023 REGULAR MEETING — 6:00 P.M. I. CALL TO ORDER - 6:00 p.m. II. PLEDGE OF ALLEGIANCE — Led by Commissioner Barto III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Tristan Harris, Commissioner Brady Barto, Commissioner Jonathan Langford, Commissioner Lee Lowrey, and Commissioner David Salene ABSENT: None Staff Present: Deputy Community Development Director Jim Campbell, City Attorney Aaran Harp, City Traffic Engineer Brad Sommers, Senior Planner David Lee, Associate Planner Joselyn Perez, Planning Manager Jaime Murillo, Administrative Assistant Clarivel Rodriguez, and Department Assistant Savannah Martinez IV. PUBLIC COMMENTS Jim Mosher thanked staff for making the meeting agenda available for download as a single and complete file. V. REQUEST FOR CONTINUANCES Deputy Director Campbell reported the appellant for Item 2: The Champions Club Staff Approval Appeal (PA 2023-0138), Site Location:1107 And 1171 Jamboree Road, requested a continuance because they cannot be in attendance. Chair Ellmore opened the public hearing. Sean Matsler, applicant representative, requested the public hearing to take place and a decision on the appeal. Billy McQuade, Tennis Pro at the Palisades Tennis Club, supported a continuance. Jim Mosher noted the matter can be continued to the next Planning Commission meeting on October 5, 2023. Robert Struther requested the public hearing take place. Chair Ellmore closed the public hearing. Commissioner Salene thought it was an undue burden to the applicant to delay the public hearing. Commissioner Barto noted the matter is a de novo hearing and being heard for the first time and acknowledged the appellant's cause is unknown. In response to Secretary Harris' inquiry, Deputy Director Campbell indicated that while the October 5ch Planning Commission meeting is a regularly scheduled Planning Commission meeting. He indicated that there are no other agenda items planned for that date and typical practice is to avoid meetings for only one item. Chair Ellmore concurred that both parties should be present for the public hearing. Commissioner Lowrey supported one more public hearing opportunity with proper notice provided. 14-106 Planning Commission Regular Meeting Minutes September 21, 2023 VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF SEPTEMBER 7, 2023 Recommended Action: Approve and file Motion made by Secretary Harris and seconded by Chair Ellmore to approve the minutes of the September 7, 2023 meeting with Mr. Mosher's edits. AYES: Barto, Ellmore, Harris, Rosene, and Salene NOES: None ABSTAIN: Langford and Lowrey ABSENT: None VII. PUBLIC HEARING ITEMS ITEM NO. 2 THE CHAMPIONS CLUB STAFF APPROVAL APPEAL (PA2023-0138) Site Location: 1107 AND 1171 Jamboree Road Summary: An appeal of the Community Development Director's August 3, 2023, Staff Approval, finding substantial conformance to the previously approved Use Permit No. UP1697 and authorizing a new operator, Champion Management Group, Inc., to operate six existing tennis courts located on Parcel 2 of Re - subdivision No. 413 under the name "The Champions Club." These six courts were previously part of the Palisades Tennis Club. There are no physical improvements proposed for the continued tennis operations, and pickleball activities of any kind are prohibited within the operation. The Palisades Tennis Club will continue to operate ten existing courts and clubhouse located on Parcel 1 of Resubdivision No. 413. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-034 upholding the Community Development Director's approval authorizing a new operator for six existing tennis courts and finding substantial conformance with Use Permit No. UP1697 (PA2023-0138). Motion made by Chair Ellmore and seconded by Commissioner Langford to continue the item to October 5, 2023. AYES: Barto, Ellmore, Harris, Langford, and Lowrey NOES: Rosene and Salene ABSTAIN: None ABSENT: None ITEM NO. 3 NEWPORT AUTO CENTER (PA2020-319) Site Location: 445 East Coast Highway Summary: A request for a conditional use permit to demolish an existing 44,352-square-foot automobile dealership (Newport Beach Porsche) and construct a new 50,391-square-foot Newport Beach Porsche dealership within the Newport Auto Center. The new dealership includes a showroom, administrative offices, parts and service center, and attached three -level, 293-space parking structure. Additionally, the applicant Page 2 of 7 14-107 Planning Commission Regular Meeting Minutes September 21, 2023 requests a major site development review to increase the allowed height from a base height limit of 26 feet for flat roofs and 31 feet for sloped roofs to a maximum height of 35 feet with flat roofs and 40 feet for sloped roofs. There is a second 5,105-square-foot automobile dealership, Newport Beach Bentley, within the Auto Center which is existing to remain. The property is located in the coastal zone, and therefore the redevelopment requires a Coastal Development Permit. If approved, this Conditional Use Permit would supersede Use Permit No. UP2017-014. Recommended Actions: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332 under Class 32 (Infill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-035 approving a Major Site Development Review, Conditional Use Permit and Coastal Development Permit to allow the demolition of an automobile dealership and construction of a new two -level automobile dealership with an attached three - level parking structure. Commissioner Barto recused himself from the item due to real estate interests Senior Planner Lee used a presentation to outline the major site development review, conditional use permit, and coast development permit, project location, background, project request, existing site, proposed project, development standards, design and architecture highlights, scale and compatibility, landscape, public coastal views and access, notable conditions of approval, and staff recommendation. In response to Chair Ellmore's question, Traffic Engineer Sommers defined a residential street as a street with homes along side or fronting it and Bayside Drive at a higher level than a residential street. The Commissioners reported no ex parte communications Chair Ellmore opened the public hearing. Moni Dosanj applicant representative for Auto Nation, introduced the team, thanked staff for their support and effort, and acknowledged and accepted the conditions of approval. Byung Yoo, project architect, showed a presentation to review the existing and proposed buildings. In response to Commissioner Harris' inquiry, the applicant reviewed the project status and confirmed the applicant's commitment to the project. Vice Chair Rosene questioned the current entrance design, queuing area for the service area, and a potential impact to traffic on Coast Highway. He also mentioned possible concern about the use of the rooftop parking lot area and suggested softening the aerial view with landscaping. In response, the applicant clarified that the rooftop parking is for car storage and employee parking. Aaran Albertson, civil engineer, noted a shared concern by staff for queuing and relayed that a traffic analysis demonstrated that the design was sufficient and would not back up on Pacific Coast Highway (PCH). Traffic Engineer Sommers reported having reviewed the applicant's queuing analysis study and programmatic elements and found it satisfactory. The applicant noted coordination with the Irvine Company, the adjacent property owner, and they expressed no objections to the proposed design. In response to Commissioner Langford's question, the applicant indicated that the proposal does not include pylon or monument signage. Chip Sabadash, Vice President Real Estate for Auto Nation, relayed that no plans exist for shade structures on the rooftop parking structure. Deputy Director Campbell indicated that canopies cannot be added to the proposed parking structure without violating the height restrictions and that Solar Rights Act could provide for exemptions for solar panels atop the building. Page 3 of 7 14-108 Planning Commission Regular Meeting Minutes September 21, 2023 Chair Ellmore opened the public hearing. Deputy Director Campbell stated that staff supports the recommendation. No members of the public testified. Chair Ellmore closed the public hearing. Commissioner Lowrey thought the proposed design updates the look of the dealership and supported the recommendation. Secretary Harris liked the proposed design and appreciated the consideration given to Bayside Drive. Motion made by Secretary Harris and seconded by Commissioner Salene to approve the item as amended. AYES: Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None RECUSED: Barto ITEM NO. 4 NEWPORT VILLAGE PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT (PA2023-0122) Site Location: 800-984 Avocado Avenue Summary: A request to amend the Newport Village Planned Community (PC-27) Development Plan to modify the definitions and the allowed uses of the area designated as Area 5 (Retail). The following list highlights the requested changes: • Within definitions, amend "Gross Floor Area" and "Restaurant" to be consistent 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. Recommended Actions: 1. Conduct a public hearing; 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 recommending the City Council adopt an amendment to the Newport Village Planned Community (PC-27) Development Plan to update the definitions and allowed uses within Area 5. Page 4 of 7 14-109 Planning Commission Regular Meeting Minutes September 21, 2023 Associate Planner Perez used a presentation to review a vicinity map, the surrounding land uses, objectives, contents, and analysis of the proposed amendment, staff recommendation, and next steps. In response to Commissioner Langford's question, Deputy Director Campbell clarified that review of future development will be consistent with the site development review standards provided in the municipal code. In response to Vice Chair Rosene's question, Deputy Director Campbell defined the difference between net public area and gross floor area for restaurant uses. Commissioners reported no ex parte communications except for Chair Ellmore who disclosed a conversation with the applicant. Chair Ellmore opened the public hearing Shawna Schaffner, CEO of CAA Planning, noted that the shopping center is currently built out and at the development limit when outdoor dining patios are included in the definition of gross floor area. She then used a presentation to review the Newport Village Planned Community map, intent of retail area (Section V.), proposed amendment, unchanged components, improved process, and requested action. In response to Commissioner Langford's question, Ms. Shaffner thought about 4,000 square feet would be freed up for future use if the resolution passed because patios are included in the current cap. Chase Gilmore, Vice President of Development for the Irvine Company, stated that of the 4,000 sq. ft. freed up by the updated definition of gross floor area, approximately, 600 square feet could be used toward the development of additional restaurant space; however, there is no plan to expand any portions of the shopping center. Jim Mosher suggested updating Area 3 of the PC text to reflect the current use and commented on the intent for the change to the gross floor area definition and permitted uses, and whether, and the October 25, 2023, Newport Village environmental impact report (EIR) scoping meeting was related to the shopping center. Ms. Schaffner stated that the EIR meeting noted by Mr. Mosher is not related to this matter. Commissioner Langford expressed interest in the shopping center remaining specialty retail and supported the item as presented. Motion made by Commissioner Langford and seconded by Commissioner Barto to approve the item as recommended. AYES: Barto, Ellmore, Harris, Langford, Lowrey, Rosene, and Salene NOES: None ABSTAIN: None ABSENT: None VIII. DISCUSSION ITEMS ITEM NO. 5 HOUSING ELEMENT IMPLEMENTATION AMENDMENT Site Location: Citywide Summary: In September 2022, the Newport Beach City Council adopted the General Plan 6th Cycle Housing Element. The Housing Element was certified by the State Department of Housing and Community Development (HCD) in October 2022. The certified Housing Element (Housing Element) pledges to rezone new sites for housing to satisfy the 6th Cycle Regional Housing Needs Assessment (RHNA) allocation. The initial site selection is provided in Appendix B of the Housing Element. Page 5 of 7 14-110 Planning Commission Regular Meeting Minutes September 21, 2023 The City must implement the rezoning policy actions by February 2025, although the City has an additional year for sites in the Coastal Zone. To accomplish this task, the City must update the General Plan Land Use Element to be consistent with the Housing Element and the City must adopt appropriate zoning regulations to implement the policies. Part of the zoning implementation includes identifying objective design standards for future housing as well as the creation of review procedures that allow certain types of housing by right. This study session will focus on draft Land Use Element policy revisions, draft Housing Opportunity Overlay Zoning Districts, and draft Objective Design Standards. Recommended Action: 1. Discuss and provide input to staff. Commissioner Langford recused himself due to parcels identified as housing opportunity sites owned in part by his employer. Vice Chair Rosene recused himself due to potential financial interests by his employer. Deputy Director Campbell used a presentation to provide a brief background of the Housing Element, housing strategy rezone focus areas, the Housing Element Implementation program, the Land Use Element Update draft, including new draft Policies 4.2 through 4.8, and draft the Housing Opportunities Overlay Zones, and development standards. Planning Manager Murillo continued the presentation to review the draft objective design standards (ODS), purpose, consultant partners, applicability, history of design review in Newport Beach, design guidelines versus design standards, ODS approaches and focused topics, and shared three example standards for private streets, publicly accessible open spaces, and horizontal modulation. Deputy Director Campbell noted that the guidelines touch upon all the standards areas shown in the presentation not just the three examples highlighted and relayed the next steps of the review process. Commissioner Barto expressed concern for "creating boxes" that are not economic. In response to his questions, Deputy Director Campbell encouraged a flexible and balanced approach to ODS development, relayed community engagement and feedback, noted an open mind for suggestions from developers, supported avoiding a prescriptive approach to keep an eclectic look, and mentioned the modern development in the airport area. In response to Commissioner Salene's inquiry, Deputy Director Campbell stated that higher densities may be needed to achieve the affordable housing goals and economic feasibility of projects. Secretary Harris thanked staff and the volunteer groups for their work on this matter. In response to his question related to draft policy 4.7, Deputy Director Campbell explained the need for consistency with the General Plan designation of the receiving parcel relative to a potential transfer of development. In response to Commissioner Lowrey's inquiry, Deputy Director Campbell stated that the next step is unknown if the vote fails in November 2024. He presented a few possible options and relayed that the State could deem the City out of compliance without the zoning being place and they could decertify the Housing Element. In response to Chair Ellmore's question, Deputy Director Campbell confirmed that Policy 4.2 specifies the areas and minimum/maximum dwelling units per acre and clarified that the Regional Housing Needs Assessment (RHNA) mandate requires the City to provide housing opportunities (zoning) and not development. Chair Ellmore stated for the record that over restricting ODSs could be problematic when different topography and situations are nonconforming and suggested broadening the ODS to provide for more latitude for atypical sites. Chair Ellmore invited the public to comment. Jim Mosher questioned the public's awareness of the opportunity to comment on this matter, suggested geographic overlays with housing unit opportunities for all properties, ending access to the additional housing units when and if the City meets the RHNA requirement, and noted challenges following the report. Page 6 of 7 14-111 Planning Commission Regular Meeting Minutes September 21, 2023 IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None ITEM NO. 7 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Deputy Director Campbell reported that there will be a Planning Commission Meeting on October 5, 2023, to discuss The Champions Club Staff Approval Appeal (PA 2023-0138) and there are four items are scheduled for the October 19, 2023, meeting. ITEM NO. 8 REQUESTS FOR EXCUSED ABSENCES Commissioner Barto requested an excused absence on October 5, 2023 X. ADJOURNMENT - With no further business, Chair Ellmore adjourned the meeting at 7:48 p.m. Page 7 of 7 14-112 Attachment E Redline/Strikeout version of the amended Planned Community Development Plan 14-113 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. 2023- City Council Ordinance No. 2023- , 2023 Page 1 14-114 CONTENTS INTRODUCTION Page 1 SECTION I. Statistical Analysis Page 2 SECTION II. General Notes Page 3 SECTION III. Governmental/Institutional (Areas 1 and 4) Page 5 SECTION IV. Open Space (Areas 2 and 3) Page 7 SECTION V. Retail (Area 5) Page 8 APPENDIX Page 19 EXHIBITS Land Use Plan, Exhibit A Page 20 Signage Plan, Exhibit B Page 21 Page 2 14-115 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 melt de the areas whieh are defined by planters, awnings, shade stme4ffes, fenees or- F-ails and are fo exelusive and peEmanent use for display or- seating by a use peEmitted by this tex4. 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 for Eariniz and Drinking Establishments (Land Use)) of the Newport Beach Municipal code mew Iggrm ME A. PERMITTED USES 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 Page 3 14-116 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. 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. 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. •_ ■ ■ 11101.0- DX. DEVELOPMENT STANDARDS 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 Page 4 14-117 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 pefmiAe4-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. Buildin Hg`ght: Buildings shall be subject to the height regulations specified in Section 20.87.20530.060 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. 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. 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: Page 5 14-118 Z 7 Parkin Lighting Design: Type of Light Pole Height Combined high pressure sodium and metal halide 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. 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, (D) 4. 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. Dry Cleaning Facilities: All dry cleaning facilities shall be subject to the following requirements: Page 6 14-119 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. &C. SIGNS 1. Definitions: The following terms used ui this section shall have the meanings indicated below: a. Anchor Tenant. The term "Anchor Tenant" means a store having a minimum of twenty thousand (20,000) square feet of floor space, which is located within or between other commercial buildings. b. Audible Signs. The term "Audible Sign" means any sign which uses equipment to communicate a message with sound or music. C. End Cap Tenant. The term "End Cap Tenant" means a store having three building elevations with a minimum of four thousand (4,000) square feet of floor area. d. Building Elevation. The term 'Building Elevation" means the exterior wall surface formed by one (1) side of the building. e. Eye Level. The term "Eye Level' means at the height of five (5) feet measured from grade. f. Freestanding Commercial. The term "Freestanding Commercial' means any building with a commercial use which is separated from other commercial uses by parking and/or streets. g. Major Tenant. The term "Major Tenant" means a store or restaurant having a minimum of eight thousand (8,000) square feet of floor space, which is located within or between other commercial buildings. h. Monument Sign. The term "Monument Sign" means any sign that is supported by its own structure and is not part of or attached to any building. i. Sign. The term "Sign" means any media, including their structure and component parts which are used or intended to be used out -of doors to communicate information to the public. j. Sign Area. The term "Sign Area" means the area enclosed by a rectangle drawn around the wording, numbers or images composing the sign. Page 7 14-120 2. k. Sign Face. The term "Sign Face" means the physical plane and/or surface upon which the wording or images are applied. 1. Sign Letter. The term "Sign Letter" means the individual symbols of the alphabet used in forming the words of a message. in. Tenant Sign. The term "Tenant Sign" means any permanent sign of an establishment which is located on or attached to the storefront elevation, covered walkway or awning for the purpose of communicating the name of the tenant. n. Temporary Signs. The term "Temporary Sign" means any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other light materials, with or without frames, intended to be displayed for a limited period of time. Permitted Signs Subsection 1 -Site Identification Signage a. Shopping Center Identification Signs: In addition to other signs permitted by this section, monument signs identifying the shopping center and tenants are permitted at the vehicle entry on MacArthur Boulevard, the vehicle entry on Avocado Avenue, the intersection of East Coast Highway and Avocado and the project's main pedestrian entrance from East Coast Highway. The location of the signs shall be approved by the City Traffic Engineer to ensure adequate sight distance. The sign area of each sign is as follows: MacArthur Boulevard Entrance Maximum Sign Area Maximum Sign Height Identification Maximum Letter Height 100 Square Feet 8 feet Name of Shopping Center, Logos and Tenant names Shopping Center Identification -24" Tenant Identifications -12" Letter Style/Illumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Avocado Avenue Entrance Maximum Sign Area 100 Square Feet Maximum Sign Height 8 feet Identification Name of Shopping Center, Logos and Tenant names Page 8 14-121 Maximum Letter Height Shopping Center Identification -24" Tenant Identifications -12" Letter Style/Illumination Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Intersection of East Coast Highway & Avocado Avenue Maximum Sign Area Maximum Sign Height Identification Maximum Letter Height Letter Style/Illumination 120 Square Feet 10 feet Name of Shopping Center, Logos and Tenant names Shopping Center Identification -24" Tenant Identifications -12" Shopping Center Identification and Logo shall be individual letters either spot lit or reverse channel halo lit. Tenant Identification shall be individual letters similarly lit or routed out letters backlit in an opaque background. Main Pedestrian Entrance from East Coast Highway An arch or pedestrian gateway shall be allowed at the main pedestrian entry off of East Coast Highway, subject to review and approval of the City of Newport Beach Modification Committee. The arch may be freestanding between buildings or may span and connect to the buildings. The project name and project logo may appear on the gateway as individual letters spot lit or reverse channel halo lit. b. Library Link Feature: Sculptural or decorative elements may be used to help define the pedestrian link between the project and the library. C. Graphic Light Sconce: Feature light sconces shall be used to create pedestrian scale and character. Sconces shall either be internally or indirectly lit to back light graphic patterns that may contain elements of the project logo. d. Project Directory: No more than three (3) project directories may be located near the major pedestrian intersections of the project. Directories will consist of a site map and a listing of project tenants. Maximum width of the directory shall be four feet (4') and the maximum height shall be eight feet (8'). Directory may be internally illuminated. Subsection 2 -Tenant Identification Signage a. Tenant Signage: In addition to other signs permitted by this section, signs identifying the major tenants are permitted on the exterior walls or parapets of the building which they occupy. Within this category, one (1) sign per building elevation is permitted, unless noted otherwise. Page 9 14-122 However, more than one (1) wall sign per Tenant is permitted on the same elevation, if the aggregate sign area of all signs for the same Tenant on the same elevation is equal to or less than the maximum permitted sign area. Tenant sign criteria is segregated into zones based on their proximity and sensitivity to adjacent residential communities. 1. Zone One -Building elevation directly fronting MacArthur Boulevard. No tenant signage of any kind will be permitted in this zone. 2. Zone Two — West elevation (parking lot side) of the buildings along MacArthur Boulevard. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon or open channel with exposed neon. Letter Height Anchor Tenants — 48" maximum Major Tenants — 24" maximum End Cap Tenants — 18" maximum Other Tenants — 12" maximum Allowable Area Anchor Tenants —150 square feet Major Tenants — three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants — two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 3. Zone Three — North wall of Major Tenant Building along MacArthur Boulevard. The name of the Shopping Center, Logo and a maximum of three (3) tenant signs shall be permitted. The maximum letter heights shall be as follows: a. Shopping Center Name and Logo 6" larger than largest Tenant Sign b. Three (3) Tenant Signs 18" maximum letter height c. Two (2) Tenant Signs 24" maximum letter height d. One (1) Tenant Sign 30" maximum letter height The signs shall be either spot lit from above or below. Page 10 14-123 4. Zone Four — North elevation (parking lot side) of the building along East Coast Highway and east elevation (parking lot side) of the building along Avocado Avenue. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below. Letter Height Anchor Tenants 36" maximum Major Tenants 24" maximum End Cap Tenants 18" maximum Other Tenants 12" maximum Allowable Area Anchor Tenants 150 square feet Major Tenants three square feet for every lineal foot of store frontage with a maximum of 120 square feet End Cap and two square feet for every lineal foot of store Other Tenants frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 5. Zone Five — East Coast Highway elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Major Tenants — 24" maximum End Cap Tenants —18" maximum Other Tenants — 12" maximum Allowable Area Major Tenants three square feet for every lineal foot of store frontage with a maximum of 60 square feet End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 60 square feet for end cap Tenants and 40 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Page 11 14-124 Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 6. Zone Six — Avocado Avenue elevation. The following tenant signage will be permitted: Letter Style Individual letters either spot lit from above or below, halo lit with neon, or open channel with exposed neon. Letter Height Anchor Tenants 36" maximum Major Tenants 24" maximum End Cap Tenants 18" maximum Other Tenants 12" maximum Allowable Area Anchor Tenants 150 square feet Major Tenants three square feet for every lineal foot of store frontage with a maximum of 120 square feet. End Cap and Other Tenants two square feet for every lineal foot of store frontage with a maximum of 90 square feet for end cap Tenants and 60 square feet for other Tenants. Sign Location Sign to be located no closer than 4 feet from Tenant demising wall. Miscellaneous Tenant names may also be silkscreened onto canvas awnings where awnings occur with a maximum letter height of eight inches (8"). 7. Zone Seven — Restaurant pad building. Tenant signage of the following type only may be permitted for this Zone; Individual letters, illuminated with a maximum letter height of 24". Up to a maximum of three (3) signs shall be permitted. b. Tenant Blade Signs. One (1) blade sign per Tenant shall be located under the pedestrian arcade along the storefronts. The blade signs to consist of a suspended "framework" with a thirty-six inch (36") maximum length and twenty-four inch (24") maximum height. Tenants to apply their name and/or logo within this "framework" with no type or images protruding beyond the prescribed borders. Signs may be spot lit. C. All stores are permitted to place on glass storefront at each entry a decal sign identifying the store name and services, store address, hours of business and emergency telephone numbers. This sign shall be located at or below eye level to be visible to pedestrians, and shall not exceed two (2) square feet in area. Color of decal to be white. Page 12 14-125 d. Building Address: Building addresses shall be located on buildings as directed by the City of Newport Beach Fire Department. Letter height to be a maximum of eighteen inches (18"). 3. General Provisions: a. Temporar Sy igl s: In addition to other signs permitted in this section, temporary signs, intended to be displayed for sixty (60) days or less, are permitted for purposes related to special events, seasonal activities and store openings. Temporary signs, identifying new construction or remodeling, may be displayed for the duration of the construction period beyond the sixty (60) day limit. Real Estate signs shall be erected in accordance with the Newport Beach Municipal Code. b. Maintenance: Signs, together with all of their supports, braces, guys and anchors, shall be properly maintained with respect to appearance, structural and electrical features. C. Restricted Sign Types: Rotating, flashing, blinking signs or signing with animation shall not be allowed. No signs shall be permitted which imitate or resemble official traffic signs or signals. No wind signs or audible signs are permitted. d. Exceptions: Relief from the restrictions noted in this section require the review and approval of the Modification Committee of the City of Newport Beach. Page 13 14-126 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 trans- ferred 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 a65,000 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 Joaquin Hills Road and MacArthur. Said area to be incorporated into the North Newport Center Planned Community District (PC-56). Page 14 14-127 NEVVPORT VILLAGE PLANNED COMMUNITY DISTRICT FASNIQN ISLAND 1�✓ /mot \,; / ` �� ! l� i j?- `�.\ `1�� � 'ti \ \ A� OPEN SPACE N GOVERNMENTALANSTITUTIONAL W E ® RETAIL S NOT A PART Page 15 14-128 r Exhibit A — Land Use Plan Q � I/f III\ • ` \ ly /L' XW\ 7 Corona del Mar Plaza Page 16 14-129 Tenant Identification Sign Zones Exhibit B — Signage Plan Page 17 14-130