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HomeMy WebLinkAboutPA2023-0181_11082023_Zoning Compliance LetterCOMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 3300 Newport Boulevard, Building C, Newport Beach, CA 92663 (949) 644-3200 Fax: (949) 644-3229 www.newportbeachca.gov ZONING COMPLIANCE LETTER Reference No. PA2023-0181 November 8, 2023 Planning and Zoning Resources c/o: Alexis King 1300 S. Meridian Ave, Suite 400 Oklahoma City, OK 73108 RE: 7772 - 8112 East. Coast Highway, Newport Beach, CA 92657 APN: 489 031 12; 489 031 10; 489 021 07 Crystal Cove Promenade Shopping Center Dear Ms. King: The above referenced properties are currently located within the Newport Coast Planned Community (PC-52) Zoning District, within Planning Area 14 (Tourist Commercial), and are categorized as Visitor Serving Commercial (CV) by the Land Use Element of the General Plan. The properties are not located within a Planned Unit Development or an overlay district. The abutting properties are located within the PC-52 Zoning District. The General Plan Land Use designation for the abutting properties to the northeast is Multiple Residential (RM). The General Plan Land Use Designation for the abutting properties to the southeast and southwest is Open Space (OS). The subject properties were previously under County of Orange permit jurisdiction. At the time the building permits were finalized, the development and uses were in substantial conformance with the development standards of the County of Orange Zoning Code. If the subject property does not comply with the current regulations, it is considered nonconforming. Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the property. Please contact the Planning Division for further details on any discretionary application or for a copy of the discretionary action: Page 2 Zoning Compliance - PA2023-0181 Tmplt: 08-15-176 • Temporary Use Permit No. UP2020-026 (PA2020-096) o Withdrawn. • Staff Approval No. SA2011-020 (PA2011-160) o Approved September 15, 2011. To allow changes to the floor plan consistent with the previously approved plans for an existing restaurant site at 7972 East Coast Highway. • Staff Approval No. SA2011-016 (PA2011-127) o Approved July 1, 2011. To allow changes to the floor plan consistent with the previously approved plans for an existing restaurant site at 7862 East Coast Highway. The following discretionary approvals were acquired from the County of Orange. You will need to contact the County for copies of the approvals. • Changed Plan No. CP06-0026 o Approved August 21, 2006. To allow an increase in the outdoor dining area for Pads 2 and 3. • Changed Plan No. CP05-0009 o Approved May 15, 2005. To allow changes to the walkway trellis to add a solid cover over the trellis. • Changed Plan No. CP05-0001 o Approved February 2, 2005. To allow for a revision to the parking design near Pad 1. • Planning Application No. PA04-0032 o Approved August 10, 2004. To allow for a Site Development Permit to allow the development of the Pads 1, 2, and 3. • Changed Plan No. CP02-0039 o Approved August 5, 2002. To allow windscreens and landscape changes. • Changed Plan No. CP00-0058 o Approved October 3, 2000. To allow an increase in the pad area for Pads 2 and 3 and to revise the parking design. • Changed Plan No. CP99-0081 o Approved January 12, 2000. To amend the sign program. Page 3 Zoning Compliance - PA2023-0181 Tmplt: 08-15-176 • Planning Application No. PA98-0101 o Approved September 22, 1998. To allow for the construction and operation of a retail business center with 125,000 square feet of floor area. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at (949) 644-3312 or jperez@newportbeachca.gov. Sincerely, On behalf of Seimone Jurjis, PE, CBO, Community Development Director By: Enclosures: • Aerial Map • Section of General Plan Land Use Table LU1 Land Use Plan Categories • Excerpt from PC-52 Newport Coast Planned Community Development Plan • Staff Approval No. SA2011-020 (PA2011-160) • Staff Approval No. SA2011-016 (PA2011-127) Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 11/3/2023 0 972486 Land Use Element Newport Beach General Plan 3-12 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential Detached—RS-D The RS-D category applies to a range of detached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable Single Unit Residential Attached—RS-A The RS-A category applies to a range of attached single-family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable TWO UNIT RESIDENTIAL—RT The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. Not applicable MULTIPLE RESIDENTIAL Multiple Residential—RM The RM designation is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures Multiple Residential Detached—RM-D The RM-D designation is intended to provide primarily for multi-family residential development exclusively containing detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD COMMERCIAL—CN The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Floor area to land area ratio or cumulative development indicated on Land Use Plan. CORRIDOR COMMERCIAL—CC The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Floor to land area ratio or cumulative development indicated on Land Use Plan. GENERAL COMMERCIAL—CG The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Floor area to land area ratio or cumulative development indicated on Land Use Plan. RECREATIONAL AND MARINE COMMERCIAL—CM The CM designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. Floor area to land area ratio or cumulative development indicated on Land Use Plan. VISITOR SERVING COMMERCIAL—CV The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Floor area to land area ratio or cumulative development indicated on Land Use Plan. CHAPTERS TOURIST COMMERCIAL PLANNING AREAS A.PURPOSE AND INTENT The Tourist Commercial Planning Areas ofThe Newport Coast Planned Community are established to provide for the development and maintenance of destination resort and related tourist/recreational visitor-serving facilities,cultural,community and community services facilities,and accessory uses and structures,in proximity to Crystal Cove State Park and major beach areas.These Tourist Commercial Planning Area Regulations are intended to implement the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A subject to the requirements of the LCP Land Use Plan's Policies in Chapters 3 and 4.In addition to the site development regulations provided below,individually- owned accommodations (e.g.,casitas and time-sharing condominiums)in the destination resort shall be developed pursuant to the Subdivision Code and/or other County and State regulations applicable to the type of accommodation units being developed. B.PRINCIPAL PERtWTTED USES The following principal permitted uses are permitted in all Planning Areas designated for Tourist Commercial use subject to the approval of a Coastal Development Permit as provided in Chapter 10: 1.PRINCIPAL PERMITTED USES SUBJECT TO PLANNING COMMISSION APPROVAL: a.A destination resort and other commercial recreation uses,as defmed in the LUP and Chapter 12,Defmitions,of this lAP (Planning Areas PA I3A,PA 13B,PA 13C,PA 13D, PA l3E,PA 13F,PA 14 and PA 20A),comprising the following types of visitor-serving uses. 1)Overnight/resort visitor accommodations not to exceed two thousand one hundred and fifty (2,150)accommodations (e.g.,hotel rooms,motel rooms,casitas,time-sharing condominiums,etc.).Within Planning Areas PA 13A-13F and PA 14,there shall be Ncwpon Coast:LCP Second Amendment December3.1996 II-5.1 a maximum of2,150 overnight/resort accommodation units.Of this total,(1)no more than 1,800 units may be individually owned;and (2)at least 350 units shall be hotel, motel or other non-individually owned,non-timesharing condominium resort accommodations.Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g.,advertising ofunits to the general public.taking reservations for the general public,housecleaning,guest check-in,security.etc.). 2)Retail and service commercial. 3)Parking structures. 4)Conference,convention,and other ancillary facilities. 5)RestaurantS. 6)Cocktail lounges and bars. 7)Commercial recreation uses. 8)Health facilities. 9)Public and private golf courses and related facilities. 10)Service Stations per Zoning Code Section 7-9-114. 11)Helistops and heliports to be used for shuttle transportation only. 12)Other uses ancillary to a destination resort. b.CultUral facilities including but not limited to museums,art galleries/exhibitS,and theaters. ,... .'. ." '.. NewponColSt lCP Second AmtncJment December 3.1996 11-5.2 c.Visitor-oriented day-use retail and service commercial totaling not more than 75.000 square \ feet in PA 13A through PA 13F.and not more than 25,000 square feet in PA 14. d.Visitor-oriented retail commercial,'service commercial,public works facilities and commercial recreation,totaling not more than 75,000 square feet in PA 20A. 2.PRINCIPAL PERMITIED USES SUBJECT TO ZONING ADMINISTRATOR APPROVAL: a.Community facilities including the following uses,and related and similar uses: I)Intra-community directional signs. 2)Riding,hiking and bicycle trails. 3)Security facilities and structures. 4)Maintenance facilities and structures. b.Community service and community service commercial facilities including the following uses,and related similar uses: I)Fire stations.. 2)Public and private nursery schools and day care. 3)Public and private recreation centers and facilities. 4)Visitor/information services/centers. c.Communication transmitting,reception or relay facilities. Newport Coast LCP Second AmcndmCftJ December 3.1996 II-5.3 d.Public parks,except in Planning AreasPA 13A,PA 13B,PA BC,PA 130,PA 13E,and PA 13F. e.Accessory Permitted Uses listed in Section C of this Chapter when located on a separate building site. C.ACCESSORY PERMITTED USES Accessory uses and structures are permitted when customarily associated with and subordinate to a Principal Permitted Use on the same building site,per Zoning Code Section 7-9-137 as applicable, including: 1.Garages,carports,and parking structures; 2.Detached accessory structures such as greenhouses,gazebos,cabanas,and storage sheds; 3.Swimming pools,therapy baths,water fountains,and related equipment; 4.Covered patios and decks; 5.Fences and walls; 6.Tennis courts,walkways/trails,greenbelts,and common areas; 7.Signs per Zoning Code Section 7-9-144; 8.Chapels;and 9.Community Information Centers,including sales offices for any and all development within The Planned Community: r. ,,.• ..... \ , ~- I•( t. I1. L .' 1.. "', Ncwpon COaM LCP Second Amendment Dc~ber3.1996 II-SA D.PROHIBITED USES 1.Camping facilities.including tent camping and recreational vehicle parks. 2.Professional and administrative offices not directly ancillary to and supportive of a permitted use. 3.Industrial and manufacturing facilities. 4.Adult entertainment businesses. 5.Uses not provided by Section Band C of this Chapter shall be prohibited.however it is recognized that certain permitted uses are only defmed generally and may require interpretatjon by the Director.EMA.per Zoning Code Section 7-9-20. .E.SITE DEVELOPMEl'.'T STANDARDS 1.Standards applicable to all Tourist Commercial Planning Areas combined: a.Overnight/resort accommodations:A combined total of two thousand one hundred and fifty (2.150)overnight/resort accommodations is permitted.Within Planning Areas PA 13A·13F and PA 14.there shall be a maximum of 2.150 overnight/resort accommodation units.Of this total.(1)no more than 1.800 units may be individually owned;and (2)at least 350 units shall be hotel.motel or other non-individually owned,non-timesharing condominium resort accommodations.Coastal Development Pennits for individually owned and timesharing condominium overnight/resortaccommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g.,advertising ofunits to the general public.taking reservations for the general public,housecleaning.guest check-in,security,etc.).. 2.Standards applicable to specific individual Tourist Commercial Planning Areas: Nc..-pon Coast LCP Second Amendment Dtcembtr3.1996 II-5.5 a.Planning Area PA 13A.PA 13B.PA 13C.PA 13D.PA l3E.and PA 13F (Pelican Hill) shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: 1)Overnight/resort accommodations:A total of one thousand nine hundred (1.900) overnight/resort accommodations is permitted in the entire Planning Area PA 13. 2)Casitas shall be counted as follows with respect to the maximum 1.900 permitted overnight/resort visitor accommodations: a)Casitas with one or two bedrooms shall be considered one (1)overnight/resort accommodation;and b)Casitas with 3 or more bedrooms shall be considered two (2)overnight/resort accommodations. 3)Principal permitted uses and accessory uses.including accommodations.resort facilities.and the golf course clubhouse but excepting parking facilities and day use commercial facilities specified in (4)below.shall not exceed a total of 2.66 million square feet.Within this total area.the following limitations shall apply: a)No'one of the Planning Areas PA 13A.PA 13B.PA 13C.or PA "l3D shall contain more than 60.000 square feet of single.continuous primary ballroom!exhibition space.("Single.continuous primary ballroom!exhibition space"denotes one large-scale meeting/convention area and does not include the square footage of conference facilities with smaller individual meeting rooms.) b)The total square footage of conference and meeting space.including primary ballroom!exhibition space and individual meeting rooms,shall not exceed 140,000 square feet in these four Planning Areas. 4)Commercial uses:A maximum of seventy-five thousand (75,000)square feet oftotal floor area is permitted in addition to that included within hotels and other NC'NpOrl Coast LCP Second Amendment Deetn'l.ber 3.1996 II-5.6 accommodations areas.Any day-use retail commercial facilities under this subsection shall be incidental accessory,or directly related to adjacent accommodations,park, and/or recreational visitor activities and shall be identified specifically in any project application involving this use category. 5)Maximum building heights are designated by individual height zones on Exhibit J (see LUP Chapter 4). 6)The following maximum building coverages are expressed as a percentage of each planning area's total gross acreage: a)The maximum building coverage (except parking structures)within each planning area: PA 13A:Overall coverage =40%maximum PA 13B:Overall coverage =2B%maximum PA 13C:Overall coverage =50%maximum PA 13D:Overall coverage =50%maximum PA l3E:Overall coverage =25%maximum PA l3F:Overall coverage =20%maximum b)The distribution of maximum building coverage by various height categories within planning areas is as follows: PA 13k PA 13B: Nc:wpon Coast LCP SCl:ond Amettdment December 3.J996 The 40%maximum is distributed as follows: Structures up to 50 ft.in height =22 %; Structures up to 65 ft.in height =10%; Structures up to 85 ft.in height =6%;and Structures up to 105 ft.in height =2%. The 28%maximum is distributed as follows: Structures up to 50 ft.in height =20 %;and Structures up to 65 ft.in height =8%. 1I-5.7 PA 13C: PA 13D: PA BE: PA 13F: The 50%maximum is distributed as follows: Structures up to 40 ft.in height ==32%; Structures up to 60 ft.in height ==10%;and Structures up to 80 ft.in height ==8%. The 50%maximum is distributed as follows: Structures up to 40 ft.in height ==32%; Structures up to 60 ft.in height ==10%;and Structures up to 80 ft.in height ==8%. The 25%maximum shall all be in structures up to 35 ft.in height (Le.•no further distribution by height). The 20%maximum shall all be in structures up to 35 ft.in height (i.e.•no further distribution by height). r r•·., ~., t. • 7)Minimum building setbacks from the ultimate right-of-way of Pacific Coast Highway: PA 13A: PA 13B: PA 13CI PA 13F: PA 13DI PA 13E: NCW'ponCo:w lCP Second Amcndmenl December 3.1996 All structures will be a minimum of 300 feet from PCH. Structures in excess of 30 feet in height and up to 85 feet in height will be a minimum of 350 feet from PCH.Structures in excess of 85 feet in height will be a minimum of 550 feet from PCH. Structures in excess of 50 feet in height will be a minimum of 1.350 feet from PCH. Structures in excess of 40 feet in height will be a minimum of 1.600 feet from PCH. Structures in excess of 40 feet in height will be a minimum of 2,800 feet from PCH. 11-5.8 8)Other building setbacks: a)From Newport Coast Drive -fifty (50)feet minimum.(Minimum setback for surface parking will be ten (10)feet.) b)From Category A and B ESHA's -one-hundred (100)feet minimum. 9)Landscape screening: Landscape screening in the fonn of earth berms,edge planting along Pacific Coast Highway,golf course landscaping,and hotel landscaping will all combine to act as screening to soften building massing as viewed from Pacific Coast Highway. 10)Minimum landscaping for each Tourist Commercial site shall be 15 %of the net area of the site. 11)Grading of the Tourist Commercial sites will create a smooth and gradual transition between new and existing grades. 12)Grading of Tourist Commercial sites may be done concurrently with grading for the golfcourse to balance cut and fill within the resort area and to reduce the total amount of time during which major grading operations will need to be conducted. b.Planning Area PA 13A shall confonn to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: 1)Overnighuresort accommodations:Eleven hundred (1,100)overnighuresort accommodations maximum,so long as the overall 1,900 overnighuresort accommoda- tions maximum is not exceeded for the entire Planning Area PA 13. 2)Day-use retail commercial uses:A maximum ofseventy-five thousand (75,000)square feet of gross floor area,in addition to that included within hotels and other accommodations areas,is pennined which is incidental,accessory,or directly related to nearby accommodations and/or recreational visitor activities. Newport Coast LCP Second Amendment Dcc:ember3.1996 II-5.9 c.Planning Area PA 138 shall confonn to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: 1)OvernightJresort accommodations:Six hundred (600)overnightJresort accommodations maximum.so long as the overall 1.900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. d.Planning Area PA 13C shall confonn to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: 1)Overnight/resort accommodations:Seven hundred and fifty (750)overnight/resort accommodations maximum,so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. e.Planning Area PA 13D shall confonn to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: I)Overnight/resort accommodations:Six hundred fifty (650)overnight/resort accommodations maximum,so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. f.Planning Area PA 13E shall confonn to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: I)Overnight/resort accommodations:Three hundred (300)overnight/resort accommodations maximum,so long as the overall 1,900 overnight/resort accommodations maximum is not exceeded for the entire Planning Area PA 13. g.Planning Area PA 13F shall confonn to the LCP Land Use Plan's Tourist Commercial Policies Section 14A: 1)Overnight/resort accommodations:No overnight/resort accommodations are pennitted within Planning Area 13F. ~. ,.. i,- •\ L '... Ncwpon COU(lCP Second Amendment Decembllr 3.1996 II-S.1O h.Planning Area PA 14 (Lower Wishbone)shaH conform to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A: 1)Overnight/resort accommodations:Two hundred and fifty (250)overnight/resort accommodations. 2)Casitas shall be counted as follows with respect to the maximum 250 permitted overnight/resort accommodations: a}Casitas with one or two bedrooms shall be considered one (I)overnight/resort accommodation;and b)Casitas with three or more bedrooms shall be considered two (2)overnight/resort accommodations. 3)Day-Use Commercial uses:A maximum of twenty-five thousand (25,000)square feet of gross floor area is permitted in addition to that included within hotels and other accommodation areas.Any day-use retail commercial facilities under this subsection shaH be incidental,accessory.or directly related to the adjacent park, accommodations.and/or recreational visitor activities. 4)Principal permitted uses and accessory uses.including overnight/resort accommodations and all directly supporting commercial facilities but excluding parking facilities and the day-use commercial described in (2)above,shall not exceed a total of 300,000 square feet.Within this total area,Planning Area 14 shall not contain more than 18,750 square feet of meeting space. 5)Building height:Thirty-five (35)feet maximum,except towers,gables,spires,flag poles,chimneys,mechanical equipment,and architectural features will have a maximum height of forty-seven (47)feet. 6)Building site coverage:Fifty (SO)percent maximum,excluding parking structures. NC'Wpon Coast LCP Second Amendment December 3.1996 II-5.1I 7)Building setbacks: a)From Pacific Coast Highway -one hundred (100)feet minimum. b)Minimum setback for surface parking from Pacific Coast Highway will be ten (10) feet. 8)Minimum site landscaping shall be 15%of the net area of the site.To minimize to the extent practicable any views of the hotel parking areas from inland portions of Crystal Cove State Park,landscape screening shall be provided parallel to the perimeter of parking areas in Planning Area 14 which border Muddy Canyon. i.Planning Area PA 20A (Laguna Canyon)shall conform to the LCP Land Use Plan's Tourist Conunercial Policies Section 1-4-A: 1)Principal permitted uses and accessory uses shall not exceed a total of 75.000 square feet of floor area directly related to and/or supportive of the nearby park and/or recreational visitor activities and/or public works facilities. 2)Access:Access to the tourist commercial facilities will he directly from Laguna Canyon Road. 3)Building height:One story maximum,except towers,gables,spires,flag poles, chimneys,mechanical equipment.and architectural features will have a maximum height of thirty-five (35)feet. 4)Building Site Coverage:Forty-five (45)percent maximum,excluding parking structures. 5)Building/Parking setbacks: a)Building from Laguna Canyon Road =50 feet minimum. b)Surface parking from Laguna Canyon Road =10 feet minimum. \'" NcwponCOl$l LCP Second Amendment Occembtr 3.1996 II-5.12 6)Prior to,or concurrent with the recordation of the frrst fmal development map in PA 20A the landowner shall record an Offer to Dedicate PA 16A and PA 16B.Such offer shall be subject to immediate acceptance by the County ofOrange for a period ofthree (3)years.In the event that the County does not accept the offer during that time period.said offer shall be available for acceptance by the City of Laguna Beach for a period of three (3)years thereafter. f Newpon Coast LCP Second Amendment Detcmbcr 3.19%II-S.13