HomeMy WebLinkAbout2023-15 - 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)ORDINANCE NO. 2023-115
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 Sari
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;
Ordinance No. 2023-15
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.
Ordinance No. 2023-15
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.
Ordinance No. 2023-15
Page 4 of 4
Section 6: The Mayor shall sign and the City Clerk 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: Mayor Blom Mayor Pro Tern O'Neill Councilmember Grant,
Councilmember Kleiman Councilmember Stapleton,
Councilmember Weigand
NAYS:
ABSENT: Councilmember Avery
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
.n.--d. ' ff
ARON C. HARP, CITY ATTORNEY
Attachments: Exhibit A - Code Amendment (PA2023-0122)
Exhibit B - Findings in Support of Code Amendment (PA2023-
0122)
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
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
I. 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 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.
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. 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:
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 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.
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:
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 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 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.
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:
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 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:
1. 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.
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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2023-15 was duly introduced on the 101h day of October, 2023, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 241h day of October, 2023, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Robyn Grant,
Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember
Erik Weigand
NAYS: None
ABSENT: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 251h day of October, 2023.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
t
Leilani I. Brown, M C
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2023-15 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: October 14, 2023
Adopted Ordinance: October 28, 2023
In witness whereof, I have hereunto subscribed my name this / day of November, 2023.
0"I
Leilani I. Brown, pC
City Clerk
City of Newport Beach, California