HomeMy WebLinkAbout2.0_Newport Place Affordable Housing Amendment_PA2011-215CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 19, 2012 Planning Commission Hearing
Agenda Item No. 2
SUBJECT: Newport Place Affordable Housing Amendment - (PA2011 -215)
■ Planned Community Amendment No. PD2011 -005
APPLICANT: City of Newport Beach
PLANNER: Melinda Whelan, Assistant Planner
949 - 644 -3221, mwhelan @newportbeachca.gov
PROJECT SUMMARY
Amendment to the Newport Place Planned Community Development Plan (PC -11) to
implement Housing Programs 3.2.2 and 3.2.3 found in the 2008 -2014 Housing Element.
The amendment would permit residential development that includes a minimum of 30
percent of the units affordable to lower- income households with the approval of a Site
Development Review. Developments meeting this criteria will also be eligible for a waiver
of the minimum 10 -acre site area required. The amendment would also establish minimum
development regulations including building height, setbacks, and parking requirements.
RECOMMENDATION
1) Conduct a public hearing and;
2) Adopt the draft resolution recommending City Council adoption of the Newport
Place Planned Community Development Plan Amendment (Attachment No. PC
1).
Newport Place Affordable Housing Amendment
April 19, 2012
Pace 2
LOCATION
GENERAL PLAN
ZONING
USE
Includes Mixed -Use
Area Bounded by
Horizontal (MU -H2),
Newport Place Planned
MacArthur Blvd.,
General Commercial
Community Development
various commercial and
Jamboree Rd., Bristol St.
Office (CO -G) and
plan (PC -11)
general office
North, and Birch St.
General Commercial
C -G parcels
Adds residential overlay
No change to existing uses.
Proposed Residential
Only on MU -H2
to PC -11 to facilitate
Amendment adds
Overlay within PC -11
parcels within PC -11
development of
opportunity for affordable
affordable housing
housing development.
Newport Place Affordable Housing Amendment
April 19, 2012
Page 3
Background
As part of the 2006 comprehensive General Plan update, the Airport Area was identified
as a new area for housing opportunities and was designated Mixed -Use Horizontal
(MU -112), which allows for mixed -use and multi - family residential. With its density
ranging from 30 to 50 du /acre, the Airport Area was also identified in the 2008 -2014
Housing Element as an area to potentially accommodate affordable housing. During
review of the 2008 -2014 Housing Element, the California Department of Housing and
Community Development (HCD) identified two constraints to the development of
affordable housing within the Airport Area that needed to be addressed prior to their
finding that the Housing Element meets state law requirements.
The first constraint recognized by HCD is General Plan Policy LU 6.15.6 that requires
residential neighborhoods in the Airport Area to contain a minimum of ten (10)
contiguous acres centered on a neighborhood park and other amenities. To address
this constraint, staff worked with HCD to develop a new Housing Element program (HP
3.2.2) requiring the City to create a waiver or exception provision to the minimum 10-
acre site requirement for affordable housing projects.
The second constraint identified by HCD relates to the zoning of the sites within the
Airport Area. Although the General Plan permits residential development on sites
designated mixed -use within the Airport Area, the sites remain zoned only for
commercial and industrial land uses by the Koll Center (PC -15) and Newport Place (PC-
11) Planned Communities. To address this issue, Housing Element program HP 3.2.3
was developed that requires Planned Community text amendments to allow residential
developments that include: 1) a minimum of 30 percent of the units affordable to lower -
income households; and 2) include densities between 30 du /acre and 50 du /acre
consistent with the General Plan land use designation and policies for the Airport Area.
Residential developments meeting these requirements will be permitted subject to a
Site Development Review (Attachment No. PC 2).
HCD has found the 2008 -2014 Housing Element compliant with State Housing Element
Law with the adoption of Housing Programs 3.2.2 and 3.2.3 (Attachment No. PC 3) by
the City and contingent upon implementation of these new programs.
Newport Place Planned Community
Newport Place is a Planned Community in the Airport Area that was originally designed
in the early 1970's with clusters of office parks and industrial uses. The area has
evolved with light industrial uses being replaced overtime with commercial support retail
and office uses within the original design. The introduction of the MU -H2 land use
classification created an opportunity for residential uses. The boundary of PC -11 begins
at Macarthur Boulevard extending westerly bounded by Jamboree Road, Bristol Street
North, and Birch Street as depicted on the vicinity map. The residential overlay
opportunity spans only across parcels that have the General Plan Land Use designation
1 An Amendment for Koll Center (PC -15) will be processed at a future date.
Newport Place Affordable Housing Amendment
April 19, 2012
Page 4
of MU -H2 as depicted on the map on the next page which is incorporated into the
revised PC text.
Area Summary
Industrial
23.3 sc.
Office
81.79c.
Retail/Gene al Commercial
16.5 ac.
CommerclalLstaurant
1.8 ac.
Cammercial[Hotel Motel
10.1 ac.
Service Station
1.2 ac.
Total
134.6 ac.
Newport Place Affordable Housing Amendment
April 19, 2012
Page 5
C".
Retail f.
Coonmercial
Site I
Service
Station
Site I
General Commercial
Site 6
General Commercial \��
Site 6
Office Site S
------ I Restaurant Site 1
Pro. "Bus.
Of fl. Site 7
General Commercial
Site 0
/I
N
Newport Place Affordable Housing Amendment
April 19, 2012
Page 6
Newport Place Affordable Housina Amendment
The Amendment creates an opportunity for affordable housing projects to be developed
within a new residential overlay but does not remove or change other components of
the existing Planned Community text. Additionally, a few minor changes were made
throughout the PC -11 text to update references to City Departments. The revised PC-
text is found in the draft Resolution as Exhibit "A" (Attachment No. PC 1)
Residential Overlay
The residential overlay provides for the opportunity to develop affordable residential
projects. Affordable residential projects that qualify for the residential overlay would be
permitted subject to a Site Development Review process per Zoning Code Section
20.52.080. Notwithstanding, the review authority for site development review listed in
Table 5 -2 of the Newport Beach Zoning Code, the review authority for site development
review shall be the Planning Commission regardless the number of dwelling units
proposed. A Site Development Review provides a process to ensure consistency with
General Plan policies related to the preservation of established community character,
and expectations for high quality development and to ensure proper integration of the
project with the area. To qualify for the residential overlay projects must provide the
following:
• A density 30 to 50 dwelling units per acre.
• A minimum of 30 percent of the units must be affordable to lower- income
households for a minimum of 30 years.
• Must meet the basic site development standards of the residential overlay.
• Residential dwellings shall be permitted only as replacement of existing
nonresidential uses pursuant to General Plan Policy LU 6.15.5. The number of
peak hour trips generated by new development could not exceed the number of
trips that result from the existing nonresidential uses.
Residential developments that qualify for the residential overlay are subsequently
exempt from General Plan Land Use Policy LU 6.15.6 and have no minimum site area
requirement.
Development Standards of Residential Overlay
The existing Planned Community text does not provide residential development
standards. The existing PC text allows for a range of heights depending on the site from
50 feet to 167 feet or 9 stories. Staff consulted with affordable housing developers to
determine that a height limit of 55 feet is appropriate to facilitate a four -story building
that typically can accommodate the 30 to 50 unit per acre density range. The 55 -feet
may be exceeded with the approval of the Site Development Review if additional
findings can be made pursuant to Zoning Code Section 20.30.060 C.3 (Attachment No.
PC 4). The Planned Community text does include commercial setback and landscape
Newport Place Affordable Housing Amendment
April 19, 2012
Page 7
standards including special landscaped streets (Jamboree Road, Bristol Street North,
Birch Street, and MacArthur Boulevard) which are maintained in the proposed
residential overlay to preserve the existing development pattern of the PC.
Staff recommends using the Zoning Code Multiple Residential (RM) standards including
additional landscaping, parking and signs where appropriate. There is no floor area limit
proposed as development would be limited sufficiently by other development standards.
The residential overlay also includes development standards related to projects
providing sufficient amenities, integration of projects within the existing PC, and
integration of the affordable units within a specific project.
Airport Land Use Commission
Projects requiring Zoning Code amendments including Planned Community
amendments that are located within the Airport Environs Land Use Plan (AELUP)
Airport Planning Area must be referred to the Orange County Airport Land Use
Commission (ALUC) for a determination of consistency with the AELUP prior to
adoption by the City. The Airport Land Use Commission is scheduled to review the PC
Amendment at the ALUC meeting on May 17, 2012. Staff anticipates ALUC will find the
project consistent with AELUP since they reviewed the 2006 General Plan update and
the MU -H2 designations were deemed consistent with the ALEUP. Additionally, ALUC
found the 2008 -2014 Housing Element including programs and implementation
consistent with the AELUP. The proposed height limits within the PC text are required to
comply with the requirements of Zoning Code Section 20.30.060.E. (Airport Environs
Land Use Plan for John Wayne Airport and the Airport Land Use Commission Review
Requirements).
Environmental Review
A Negative Declaration (SCH No. No. 2011091088) was prepared for the 2008 -2014
Housing Element, which includes Housing Programs HP3.2.2 and 3.2.3, in accordance
with the implementing guidelines of the California Environmental Quality Act (CEQA),
State CEQA Guidelines, and City Council Policy K -3. The document was made available
for public review and comment during a 30 -day review period from September 30 to
October 31, 2011 and subsequently adopted by the City Council on November 22, 2011.
The document is on file with the Community Development Department. A subsequent
negative declaration for the project is not required to be prepared pursuant to CEQA
Guidelines Section 15162 because the proposed amendment implements Housing
Programs HP3.2.2 and 3.2.3, and does not constitute "substantial changes" that would
involve new significant environmental effects or result in the adoption of mitigation
measures. Future residential development that could occur pursuant to the proposed
amendment would be subject to further site - specific environmental evaluations.
Newport Place Affordable Housing Amendment
April 19, 2012
Page 8
Public Notice
Notice of this hearing was published in the Daily Pilot, posted at City Hall a minimum of
10 days in advance of this hearing consistent with the Municipal Code, mailed to all
property owners within PC -11, and to all property owners within the 300' radius of the
boundaries of PC -11. The notice was e- mailed to all parties on the housing interest list.
Finally, the item appeared upon the agenda for this meeting, which was posted at City
Hall and on the city website.
Prepared by:
LI
Melinda Whelan
Assistant Planner
ATTACHMENTS
PC 1 Draft Resolution including Exhibit A Revised PC text
PC 2 Housing Programs 3.2.2 and 3.2.3
PC 3 HCD compliance letter
PC 4 Zoning Code Section 20.30.0600.3.
Attachment No. PC 1
Draft Resolution
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF THE NEWPORT PLACE AFFORDABLE
HOUSING AMENDMENT (PD2011 -005) AUTHORIZING
RESIDENTIAL DEVELOPMENT THAT INCORPORATES
AFFORDABLE HOUSING. (PA2011 -215)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
The 2006 General Plan identifies several key areas in the City as locations for future
housing opportunities, including the Airport Area. Given the allowed densities of between
30 and 50 dwelling units per acre, the Airport Area has also been identified in the City's
2008 -2014 Housing Element has having the potential to accommodate the City's
Regional Housing Needs Assessment (RHNA) for lower- income households.
2. The Department of Housing and Community Development (HCD) reviewed the 2008-
2014 Housing Element update and found it in full compliance with State housing element
law on December 29, 2011. HCD also identified successful implementation of Housing
Element Programs HP 3.2.2 and HP 3.2.3 as necessary to facilitate affordable residential
development in the Airport Area.
3. The 2008 -2014 Housing Element update including Housing Programs HP 3.2.2 and HP
3.2.3 was adopted by City Council on November 22, 2011.
4. General Plan Policy LU6.15.6 requires residential neighborhoods in the Airport Area to
contain a minimum of ten (10) contiguous acres centered on a neighborhood park and
other amenities. Housing Element Program HP3.2.2 requires the City to create a waiver
or exception provision to the minimum 10 -acre site area requirement of General Plan
Land Use Policy 6.15.6 for affordable housing projects.
5. Housing Element Program HP3.2.3 requires the City to amend the Newport Place
Planned Community (PC -11) text to permit residential developments that include: 1) a
minimum of thirty (30) percent of the units affordable to lower- income households; and
2) include densities between 30 du /acre and 50 du /acre consistent with the General
Plan land use designation and policies for the Airport Area.
6. The Newport Place affordable housing amendment implements Housing Programs
HP3.2.2 and 3.2.3 and provides adequate provisions and review to ensure that the
policies of the General Plan are implemented appropriately. Additionally, a few minor
changes were made throughout the PC -11 text to update references to City
Departments.
Planning Commission Resolution No. _
Pape 2 of 4
7. The area of land regulated by PC -11 is located within the Airport Area of the City and
generally bounded by MacArthur Boulevard, Jamboree Road, Birch Street, and Bristol
Street North.
8. The subject property is not located within the coastal zone.
9. A public hearing was held on April 19, 2012 in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
A Negative Declaration (SCH No. No. 2011091088) was prepared for the 2008 -2014 Housing
Element, which includes Housing Programs HP3.2.2 and 3.2.3, in accordance with the
implementing guidelines of the California Environmental Quality Act (CEQA), State CEQA
Guidelines, and City Council Policy K -3. The document was made available for public review
and comment during a 30 -day review period from September 30 to October 31, 2011 and
subsequently adopted by the City Council on November 22, 2011. The document is on file with
the Community Development Department. A subsequent negative declaration for the project is
not required to be prepared pursuant to CEQA Guidelines Section 15162 because the proposed
amendment implements Housing Programs HP3.2.2 and 3.2.3, and does not constitute
"substantial changes" that would involve new significant environmental effects or result in the
adoption of mitigation measures. Future residential development that could occur pursuant to
the proposed amendment would be subject to further site - specific environmental evaluations.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby approves this Resolution
recommending City Council adoption of the Newport Place Affordable Housing
Amendment (PD2011 -005), as provided in Exhibit A of this resolution, which is attached
hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF APRIL, 2012.
AYES:
NOES:
ABSTAIN:
ABSENT:
Tmpll: 12/15/2011
Planning Commission Resolution No. _
Paae 3 of 4
m
0
Michael Toerge, Chairman
Fred Ameri, Secretary
TmpIC 12/15/2011
Planning Commission Resolution No.
Page 4 of 4
EXHIBIT "A"
Revised Newport Place Planned Community Development Plan
Tmplk 12115/2011
PLANNED COMMUNITY DEVELOPMENT STANDARDS
NEWPORT PLACE
Erukay Development Company, Inc.
Newport Beach, California
CONTENTS
General Notes 6
Definitions 7
Statistical Analysis 9 -21
PART I - INDUSTRIAL
Section I Minimum Site Area
22
Section 1I Permitted Uses
22
Group I. Light Industrial
22
A
22
B
23
C
23
Group II. Medium Industrial and Industrial
Set-vice and Support Facilities
24
A
24
B
25
C
25
D
27
Section III General Development Standards for Industry
27
A. Building Height
27
B. Setbacks
28
C. Site Coverage
28
D. Sign Area
28
E. Sign Standards
30
F. Parking
30
G. Landscaping
31
H. Loading Areas
32
I. Storage Areas
32
J. Refuse Collection Areas
33
K. Telephone and Electrical Services
33
L. Sidewalks
33
M. Nuisances
33
2
PART II - COMMERCIAL
Section I Minimum Site Area
34
Section II Permitted Uses
34
Group 1. Professional and Business Offices
41
A. Professional Offices
34
B. Business Offices
34
C. Support Conunercial
35
Group II. Commercial Uses
Landscaping
A. Automobile Center
36
B. Hotels and Motels
36
C. City, County, and State Facilities
36
D. Service Stations, Car Wash
36
E. Retail Commercial Uses
36
F. General Commercial
37
Section III General Development Standards for
Commerce 39
A.
Setbacks
39
B.
Signs
41
C.
Sign Standards
41
D.
Parking
43
E.
Landscaping
43
F.
Loading Areas
45
G.
Storage Areas
45
H.
Refirse Collection Areas
45
I.
Telephone & Electrical Services
45
J.
Pedestrian Access
45
PART III — RESIDENTIAL 46
Section I Minimum Site Area —A6
Section 11 °°n ~i" °a Resia.._a. l- UsesDensity
—46
Section III Definitions 47
Section IV Permitted Residential Uses 47
Section IIV General Development Standards for
3
A. SetlmeksBuildingHeight 48
". OT= teal wa �O —
C. Sign- StandaffIsSipns —489
D. Par# Amenities and Neipthborhood Inteeration 49
E. Lftn4geapiftParking,
4950—
F. .,
4950--
G. Siereee Areas
D-
FOOTNOTES
ATTACHED EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
51 -57 46 32
Land Use [1,5,8, 37]
Grading & Roads [1]
Storm Drain [1]
Sewer & Water [1]
Topography [1]
Traffic Analysis [l]
Planned Community Development Standards for Newport Place
Ordinance No. 1369 adopted by the City of Newport Beach
December 21, 1970
Amendment No. I Approved on December 13, 1971 by Resolution No. 7572 (A -305)
Amendment No. 2 Approved on June 12, 1972 by Resolution No. 7706 (A -325)
Amendment No. 3
Approved on October 24, 1972 by Resolution No. 7846 (A -341)
Amendment No. 4
Approved on January 8, 1983 by Resolution No. 7901 (A -349)
Amendment No. 5
Approved on July 23, 1973 by Resolution No. 8054 (A -369)
Amendment No. 6
Approved on June 10, 1974 by Resolution No. 8262 (A -429)
Amendment No. 7 Approved on September 8, 1975 by Resolution No. 8588 (A -450)
Amendment No. 8 Approved on February 9, 1976 by Resolution No. 8693 (A -462)
Amendment No. 9 Approved on April]], 1977 by Resolution No. 9050 (A -488)
Amendment No. 10 Approved on May 23, 1977 by Resolution No. 9091 (A -490)
Amendment No. 11 Approved on April 10, 1978 by Resolution No. 1003 (A -504)
Amendment No. 12 Approved on July 11, 1978 by Resolution No. 9393 (A -510)
Amendment No. 13 Approved on November 27, 1978 by Resolution No. 9472 (A -514)
Amendment No. 14 Approved on June 11, 1979 by Resolution No. 9563 (A -530)
Amendment No. 15 Approved on March 23, 1982 by Resolution No. 10003 (A -560)
Amendment No. 16 Approved on March 26, 1984 by Resolution No. 84 -22 (A -604)
Amendment No. 17 Approved on April 23, 1984 by Resolution No. 84 -30 (A -597)
Amendment No. 18 Approved on June 25, 1984 by Resolution No. 84 -58 (A -607)
Amendment No. 19 Approved on July 23, 1984 by Resolution No. 84 -79 (A -608)
Amendment No. 20 Approved on January 12, 1987 by Resolution No. 87 -1 (A -637)
Amendment No. 21 Approved on March 9, 1987 by Resolution No. 87 -30 (A -638)
Amendment No. 22 Approved on March 14, 1988 by Resolution No. 88 -17 (A -658)
Amendment No. 23 Approved on August 14, 1989 by Resolution No. 89 -94 (A -684)
Amendment No. 24 Approved on July 22, 1991 by Resolution No. 91 -83 (A -740)
Amendment No. 25 Approved on March 9, 1992 by Resolution No. 92 -20 (A -749)
Amendment No. 26 Approved on June 8, 1992 by Resolution No. 92 -58 (A -745)
Amendment No. 27 Approved on September 13, 1993 by Resolution No. 93 -69 (A -783)
Amendment No. 28 Approved on January 22, 1996 by Resolution No. 96 -10 (A -833)
Amendment No. 28.1 Approved on September 9, 1996 by Resolution No. 96 -78 (A849)
Amendment No. 28.2 Approved on March 24, 1997 by Resolution 97 -25 (A858)
Amendment No. 28.3 Approved on July 28, 1997 by Ordinance No. 97 -29 (A861)
Amendment No. 29 Approved on June 18, 1998 by Ordinance No. 98 -16 (A 875)
Amendment No. 30 Approved on January 11, 1999 by Ordinance No. 98 -28 (A -877)
Amendment No. 31 Approved on February 8, 1999 by Ordinance No. 99 -4 (A -880)
Amendment No. 32 Approved on April 12, 1999 by Ordinance No. 99 -11 (A -883)
Amendment No. 33 Approved on March 26, 2002 by Ordinance No. 2002 -6 (PD2001 -002)
Amendment No. 34 Approved on June 14, 2005 by Ordinance No. 2005 -8 (PD2004 -003)
Amendment No. 35 Approved on September 14, 2010 by Ordinance No.2010 -16 (PD2010 -002)
Amendment No. 36 Approved on October 25, 2011 by Ordinance No. 2011 -24 (PD2011 -002)
Amendment No. 37 Approved on November 22, 2011 by Ordinance No. 2011 -25 (PD2010 -007)
Amendment No. 38 Planned Conununity Text revisions (Ordinance No. 2011- ). adopted Insert
Date.
GENERAL NOTES
The Newport Project, a planned community development is a project of Emkay
Development Company, Inc., a subsidiary of Morrison - Knudsen Company, Inc. The area
is most appropriate for conunercial and light industrial use because of its central location,
ideal topography, availability to four freeways, accessibility to two railroads and its
relation to the Orange County Airport. Attached drawings indicate land use, grading and
roads, storm drains, water and sewer, topography and tragic analysis. This area was also
identified in the 2006 General Plan as a key area for future housing opportunities. (381
2. Water within the Planned Community area will be furnished by the City of Newport
Beach.
3. Sewerage Disposal facilities within the Planned Conrnunity area are by the City of
Newport Beach.
4. Prior to or coincidental with the filing of any tentative map or use permit, the developer
shall submit a master plan of drainage to the Director of Public Woks.
The height of all buildings and structures shall comply with FAA criteria.
6. Except as otherwise stated in this ordinance, the requirements of the Zoning Code, City of
Newport Beach, shall apply.
The contents of this supplemental text notwithstanding, no construction shall be proposed
within the boundaries of this Planned Community District except that which shall comply
with all provisions of the Building Code and the various mechanical and electrical codes
related thereto.
Phasing of Development.
1,799,941 sq. ft. of development was existing or under construction as of October 1, 1978.
The additional allowable development in the total approved development plan is 566,423
square feet. Any further development subsequent to October 1, 1978, in excess of 30% of
the additional allowable development, being 169,927 sq. ft. shall be approved only after it
can be demonstrated that adequate traffic facilities will be available to handle that traffic
generated by the project at the time of occupancy of the buildings involved. Such
demonstration may be made by the presentation of a phasing plan consistent with the
Circulation Element of the Newport Beach General Plan. (Phasing Plan approved by City
Council March 12, 1979 for all development subject to this regulation.)[ 13]
0
DEFINITIONS
Advertising Surface:
The total area of the face of the structure, excluding supports.
Area of Elevation:
Total height and length of a building as projected to a vertical plane.
Building Line:
An imaginary line parallel to the street right -of -way line specifying the closest point from this street
right- of-way line that a building structure may be located (except for overhangs, stairs and
sunscreens).
Public Safety Area:
A strip of land twenty (20) feet in width and running parallel with street rights-of-way.
Right-of-Way Line:
When reference is made to right -of -way line it shall mean the line which is then established on
either the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as
the ultimate right -of -way line for roads or streets.
Side and Front of Corner Lots:
For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and
the longest frontage facing the intersecting street is the side, irrespective of the direction in which
structures face.
aim
Any structure, device or contrivance, electric or non - electric and all parts thereof which are erected
or used for advertising purposes upon or within which any poster, bill, bulletin, printing, lettering,
painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed,
pasted or otherwise fastened or affixed.
Site Area:
The total land area of the land described in the use or other pennit.
Special Landscaped Street:
Special landscaped streets are designated as MacArthur Boulevard, Jamboree Road, Bristol Street
North and Birch Street. The landscaping requirements for special landscaped streets and for the
remaining streets are described in the following text.
Streets - Dedicated and Private:
Reference to all streets or rights -of -way within this ordinance shall mean dedicated vehicular
rights -of -way. In the case of private or non- dedicated streets, a minimum setback fiom the
right -of -way line of said streets of ten (10) feet shall be required for all structures. Except for
sidewalks or access drives, this area shall be landscaped according to the setback area standards
from dedicated streets herein.
9
STATISTICAL ANALYSIS
PART I. INDUSTRIAL*
A. Building Sites
Site 1 A 2.0 acres [3, 9]
Site 3A 21.3 acres [2.4] ...............23.3 acres [9, 35]
B. Building Area
Site 1 34,130 sq. It .................0.8 ac. [3, 9]
**Site 3A 297,798 sq. ft ...............6.8 ac. [2, 4, 14, 331
331,928 sq. ft ............ 7.6 ac. [9, 14, 31, 33, 35]
The following statistics are for information only. Development may include but shall not be limited
to the following.
C. Parking (Criteria: 3 spaces /1000 sq. ft. Da 363 sq. ft/space)
Site 1A 102 cars.......... 0.9 acres [3, 9]
Site 3A 894 cars......... 7.5 ac. [2, 4, 14, 33]
996 cars......... 8.4 ac. [9, 14, 31, 33, 35]
D. Landscaped - Open Space
Site IA ..................0.30 acres [3, 9]
Site 3A ..................6.5 acres [2,4,14,33]
6.8 acres [9,14,31, 33, 35] Net Open
-3.8 acres ..............Space.....3.0 ac. *[14, 31, 33, 35]
3.8 acres have been allotted for service stations exclusive of permitted building acres and
subject to use permit.
x Industrial Site 3A has been reduced by 20,000 sq. ft. with the reduction allocated to the
allowable building area for Parcel No. 3 of Resubdivision 529. The allowable building area
for Parcel No. 3 of Resubdivision 529 is now 61,162 sq. ft. [14].
Industrial Site 3A was then increased by 1,590 square feet in 2002 [33].
PE
STATISTICAL ANALYSIS
PART 11. COMMERCIAL/PROFESSIONAL & BUSINESS OFFICES
A. Building Site
Site 1 & 2........38.5 acres
Site 2A............3.9 acres [3 1]
Site 4 ..................9.0
acres
Site 5 ..................7.4
acres
Site 6 ..................1.9
acres
Site 7 ..................2.5
acres
Site 8 ..................1.64
acres
Site 9 .............16.9
acres [35]
Site 8 ..................54,000
81.74 acres [20, 35]
B. Building Area
Site 1 &2 .........
860,884 square feet [5, 14, 17, 30]
Site 2A ............
109,200 square feet [3 1]
Site 4 .................228,214
square feet [32]
Site 5 .................268,743
square feet [16, 19, 21, 24, 25]
Site 6 ....................42,420
square feet
Site 7 ..................
55,860 square feet
Site 8 ..................54,000
square feet [20]
Site 9............
288,264 square feet [35]
1,907,585 square feet [21, 30, 31, 32, 33, 35]
The following statistics are for information only. Development may include, but shall not be
limited to the following.
C. Typical Building Mix /Site Utilization
Typical site areas for buildings of varying heights are provided for purposes of illustration.
Development of any of the Sites indicated may include any number of combinations of building
types, characterized by number of stories, within the range of building types indicated for that site.
'Co mnercial /Professional and Business Office Site 1 and 2 have been reduced by 36,119 feet with
the reduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The
allowable building area for Parcel 1 & 2 of Resubdivision 585 is now 272,711 square feet. [14]
21f commercial uses are constructed on Commercial/Professional and Business Office Site 5 which
are ancillary to and in the same building as office uses, additional development up to a maximum of
294,600 sq. ft. may be developed, so long as office use does not exceed 268,743 sq. fl. [21, 24, 25]
we
Site 1 &2 ................860,884 square feet [5, 14, 17, 30]
a. Two Stay ................
8.42 acres
b. Three Story............
5.61 acres
C. Four Story ...............
4.21 acres
d. Five Story ..............
3.37 acres
e. Six Story .................
2.81 acres
Site 2A ............ 109,200 square feet [31]
a. Two Story ......................1.25
acres
b. Three Story ...................0.84
acres
c. Four Story ....................
0.63 acres
d. Five Story ....................
0.51 acres
Site 4 .................. 228,214 square feet [32]
a. Two Story . ...........................2.31 acres
b. Three Story ......................... 1.54 acres
c. Four Story ........................... 1.15 acres
d. Five Story . ...........................0.92 acres
e. Six Story ... ...........................0.77 acres
Site 5 ..................268,743 square feet [16, 19, 21, 25]
a. Two Story ..........................1.90
acres
b. Three Story ........................1.27
acres
c. Four Story ..........................0.95
acres
d. Five Story ..........................0
76 acres
e. Six Story . ...........................0.63
acres
f. Nine Story ..........................0.50
acres
Site 6 .............. 42,420 square feet
a.
Two Story ..........................0.49
aces
b.
Three Story .......................
0.32 acres
o,
Four Story .........................
0.24 acres
d.
Five Story ..........................0.19
acres
e.
Six Story ..........................
0.16 acres
Site 7 .....................55,860 square feet
a. Two Story ...........................
0.64 acres
b. Three Story ......................
0.43 acres
c. Four Story . ...........................0.32
aces
d. Five Story ...........................0.26
acres
e. Six Story ... ...........................0.21
acres
11
Site 8 ..................54,000 square feet [20]
a. Four Story . ...........................0.30 acres
Site 9 .............288,264 square feet [35]
a. Two Story ......................3.31 acres
b. Three Story ....................2.21 acres
c. Four Story ..................... 1.65 acres
d. Five Story ......................1.32 acres
e. Six Story ........................1.10 acres
D. Parking (Criteria: I space /225 sq. ft. (ci), 363 sq. ft/space)
Site 1 &2 .....
3,827 cars.........
31.89 acres [5, 14, 30]
Site 2A .........
474 cars *.......
1.26 acres [31]
Site 4 ..............
905 cars..........
7.54 acres [32]
Site 5 ............
1,234 cars.........
6.13 acres [21]
Site 6 ..............
188 cars........
1.57 acres
Site 7 ..............
248 cars..........
2.07 acres
Site 8 ..............
231 cars..........
1.34 acres [20]
Site 9 ...........
1,281 cars.........
10.68 acres �35]
8,388 cars
62.48 acres [21,31, 32, 33, 35]
E. Landscaped - Open S12ace
Site I & 2 [5,14] Gross Site........ 38.5 acres
Parking ........... 27.17 acres
Net .................11.33 acres
Two Story ......... 8.42 acres....... 2.91 acres
Three Story....... 5.61 acres....... 5.72 acres
Four Story......... 4.21 acres.......
7.12 acres
Five Story......... 3.37 acres........
7.96 acres
Six Story........... 2.81 acres........
8.52 acres
Site 2A [3 11 Gross Site ....... 3.9 acres
Parking .......... 1.26 acres
Net ............... 2.68 acres
Two Story ....... 1.25 acres ... 1.43 acres.
Three Story ...... .84 acres ... 1.84 acres
3 Includes surface parking and first floor of existing parking structure only, does not include upper
levels of parking structure. [31].
12
Four Story ........ .63 acres ... 2.05 acres
Five Story ......... .51 acres ... 2.17 acres
Site 4 [32] Gross Site....... 9.00 acres
Parking......... .7.54 acres
Net ...................1.46 acres
Two Story ..........
2.31 acres......
N/A
Three Story........
1.54 acres.......
0.01 acres
Four Story ..........
1.15 acres......
0.40 acres
Five Story............
0.92 acres......
0.63 acres
Six Story .............
0.77 acres......
0.78 acres
Site 5 Gross Site........ 7.4 acres
Parking ............ 6.13 acres
Net ..................1.27 acres
Two Story .......... 1.90 acres...... N/A
Three Story........
1.27 acres ...... .00 acres
Four Story ..........
0 .95 acres......
0.32 acres
Five Story.........
0.76 acres......
0.51 acres
Six Story..........
0 .63 acres......
0.64 acres
Nine Story.........
0.50 acres ......
0 .77 acres [211
Site 6 Gross Site......... 1.90 acres
Parking .............1.57 acres
Net ...................0.33 acres
Two Story ..........
.49 acres......
N/A
Three Story ........
.32 acres......
0.01 acres
Four Story ............
24 acres......
0.09 acres
Five Story ..........
.19 acres......
0.14 acres
Six Story .............16
acres.......
0.17 acres
Site 7 Gross Site......... 2.50 acres
Parking .............2.07 acres
Net .................... 0.43 acres
Two Story...........
0.64 acres......
N/A
Three Story.........
0.43 acres......
00 acres
Four Story...........
0.32 acres......
0.11 acres
Five Story ............
0.26 acres.......
0.17 acres
Six Story .............
0.21 acres......
0.22 acres
Site 8 Gross Site......... 1.64 acres
Parking .............1.34 acres
13
Net .................... .30 acres
Four Story ......................30 acres...... N/A [20]
Site 9 [35] Goss Site...... 16.90 acres
Parking ......... 10.68 acres
Net .............. 6.22 acres
Two Story.........
3.31 acres...... 2.91 acres
Three Story........
2.21 acres.......
4.01 acres
Four Story.........
1.65 acres.......
4.57 acres
Five Story.........
1.32 acres.......
4.90 acres
Six Story ...........
1.10 acres.......
5.12 acres
F. Building Height [5, 12, 15, 21, 31]
Maximum building height shall not exceed six (6) stories above ground level except for
Parcel No. 1 of Resubdivision No. 585 which shall have a maximum building height of ten (10)
stories above ground level, for Parcel No. 2 of Resubdivision No. 585 which shall have a maximum
building height of seven (7) stories above ground level, and for Site 5 which shall have a maximum
of nine (9) stories /167 feet above ground level. Maximum building height for Professional &
Business Office Site 2A shall not exceed 95 feet above ground level.
14
TIT PAGE IS INTENTIONALLY
BLAND
15
STATISTICAL ANALYSIS
PART II RETAIL COMMERCIAL /PERMITTED USES - Part II, Section 11, Group ILE
A. Building Sites
Site 1 1.4 acres
The following statistics are for information only. Development may include but shall not be limited
to the following.
B. Building Area
Site I ...... 10,000 sq. ft. .22 acres
C. Parking (Criteria: 5 /spaces /1000 sq. ft.n 363 sq. ft./ space)
Site 1.......50 cars .41 acres
D. Landscaped - Open Space
Site 1 .77 acres
E. Building Height
Building height of structures shall be limited to a height of thirty -five (35) feet.
16
STATISTICAL ANALYSIS
PART II COMMERCIAL /RESTAURANTS
A. Building Sites
Site 1 1.80 acres
1.80 acres ....................... 1.80 acres [5, 20, 37]
The following statistics are for information only. Development may include but shall
not be limited to the following.
B. Building Area
Site 1 .... 15,000 square feet ......34 acres
15,000 square feet ....... 34 acres [5, 20]
C. Parking (Criteria: 300 occupants /10,000 sq. ft.)
1 space /3 occupants
363 sq. ft. /space
Site 1 133 cars ..................... 1.11 acres
133 cars .................... 1.11 acres [5, 20, 37]
Restaurant Site 1 and General Commercial Site 8 have shared parking
arrangements per the 1972 Reciprocal Parking & Management Agreement [37]
D. Landscaped - Open Space
Site 1... 0.46 acres
0.46 acres..
E. Building Height
0.46 acres [5, 20, 37]
Building height of structures shall be limited to a height of thirty -five (35) feet.
17
STATISTICAL ANALYSIS
PART 1I COMMERCIAL/I-IOTEL & MOTEL
A. Building Site [26,311
Site 1 - 6.35 acres
Site 2B - 3.7 acres [31]
10.05 acres [3 1]
B. Hotel Room Limit [18,25,31]
Site 1 - 349 rooms
Site 2B- 256 rooms [31, 37]
The following statistics are for information only. Development may include but
shall not be limited to the following.
C. Building Area (Site 1 - 349 units ( 400 s .ftq /unit) (Site 2B — 256 units g
517 net sq. ft. /unit).[118, 25, 31, 37]
Site 1 - 3.2 acres 3.2 acres
Site 2B - 3.0 acres (total enclosed area is 4.5 acres)
D. Parking (Criteria: 1 space /unit ( 363 sq. ft. /s ace)[I8, 26, 31, 371
Site 1 - 349 parking spaces - 2.9 acres
Site 2B - 128 packing spaces2 2.5 acres (total)
E. Landscaping - Open Space [18]
'Use permits approved as of November 14, 1983, allow 468 hotel rooms with related
restaurant, conference area, and other support facilities. Hotel suites included as part of the
hotel room count may be converted to standard hotel rooms consistent with the specified
hotel room limit, so long as the approved site plan is maintained. Location and size of
restaurant, conference area, and other support facilities may also be revised if the plans meet
the intent of theapproved site plan and other conditions of approval. [1, 18]
Based on one space /2 guest rooms per Page 20.66 -8, Off -Street Parking and Loading
Requirements, of the City of Newport Beach Planning and Zoning Code. [31 ]
REV
The following is intended to show some of the variations possible.
Site 1
One Story Development
- 092 acres
Two Story Development
- 2.98 acres
Three Story Development
- 3.67 acres
Four Story Development
- 4.02 acres
Five Story Development
- 4.22 acres
Six Story Development
4.36 acres
Seven Story Development
- 4.46 acres
Eight Story Development
- 4.53 acres
Nine Story Development
- 4.59 acres
Ten Story Development
- 4.64 acres
Eleven Story Development
- 4.67 acres
Twelve Story Development
- 4.71 acres
Thirteen Story Development
- 4.73 acres
The above analysis does not include support facilities utilized in many hotel
operations. These facilities would also require parking not reflected in
the parking requirement criteria.
F. Building_ Height [311
Building height on Site 2B shall not exceed 60 feet. [3 1)
19
STATISTICAL ANALYSIS
PART II GENERAL COMMERCIAL PERMITTED USES [8,9]
Part II, Section II, Group II A & F
A. General Commercial Building Sites [8, 26, 28.3, 31, 371
Site 1 -
3.0 acres
Site 2 -
1.0 acres [9]
Site 3 -
3.9 acres [9]
Site 4 -
2.0 acres [9]
Site 5 -
2.45 acres' [26]
Site 6
5.8 acres [25, 28.3]
Site 7
8.2 acres
Site 8
LI I acres 1371
27.46 acres [37]
B. Building Area [26, 27, 28.3, 371
Site 1 -
35,000 sq. ft. -
Site 21 -
11,700 sq. ft. -
Site 32 -
49,380 sq. ft. -
Site 4' -
20,870 sq. ft.[19]-
Site 51 -
31,362 sq. ft. -
Site 6
50,000 sq. ft
Site 7
140,720 sq. ft.
Site 8
12,351 sq_ft" [37]
350,163 sq. ft.[37]
0.80 acres
0.27 acres [9]
1.13 acres [27]
0.57 acres [9]
0.72 acres [26]
1.14 acres [28.3]
3.23 acres [37]
0.28 acres [37]
8.14 acres [26, 27, 28.3, 37]
s A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual
benefit between Hotel Site 1 and General Commercial Site 5'
G Restaurants are permitted uses in Sites 1 2 3 5 and 6 subject to a use permit. 9 23 26 27
28.3]
7 Ibid
B If the development of General Commercial Site 4 is limited solely to Professional and
Business Office use, then the allowable Building Area shall not exceed 30,000 sq. ft. (19)
9 Restaurants are permitted uses in Sites 1,2,3,5
10 257 surface parking spaces; minimum 100 parking spaces in parking structure
I i Of 12,351 square feet, 5,000 square feet shall be allocated for food service uses and 7,351
square feet shall be allocated for general commercial uses. [37]
20
The following statistics are for information only. Development may include, but shall not be
limited to the following. [8]
D. Parking (Criteria 4 spaces /1,000 sq.ft. a 363 sq.ft. /space [9, 26, 28.3]
Site 1 -
140 cars -
1.17 acres
Site 2 -
47 cars -
0.39 acres
Site 3 -
193 cars -
1.61 acres
Site 4 -
100 cars -
0.83 acres
Site 5 -
167 cars -
1.39 acres
Site 6 -
250_cars -
2.08 acres
Site 7 -
353 cats -
2.94 acres10 [37]
Site 8 -
81 cars 12
0.54 acres [37]
10.95 acres
E. Landscaping =Open Space [9, 26, 28.3]
Site I
- 1.03 acres
Site 2
- 0.34 acres
Site 3
- 1.18 acres
Site 4
- 0.60 acres
Site 5 (1 & 2 story)
- 0.24 acres
Site 6
- 2.58 acres
Site 7
- 2.14 acres
Site 8
0.24 acres [37]
Sub Total 8.35 acres [37]
Site 5 (3 story) 0.49 acres
Sub Total 8.84 acres [37]
Site 5 (4 story) 0.75 acres
Grand Total 9.59 acres [37]
F. Building Heim [8, 9, 26, 31, 28.3, 37]
Building height of structures on General Connnercial Site 1, 2, 3, 4 , 6, and 8 shall
be limited to a height of thirty -five (35 ft.) and on General Commercial Site 5 shall
be limited to a height of fifty feet (50 ft.). Height of buildings on Site 7 shall be
limited to fifty -five (55) feet except that the vertical projection of a building
element intended to provide architectural interest and /or integrate the project
identification sign and not for occupancy may be up to seventy -five (75) feet in
height.
12 65 on -site spaces and 16 off -site spaces [37]
21
STATISTICAL ANALYSIS
PART II COMMERCIAL/SERVICE STATION"
A. Building Site
Site 1 - 1.2 acres 1.2 acres
STATISTICAL ANALYSIS
PART III RESIDENTIAL
A. Building Site
For the purposes of this statistical analysis. 74.43 acres of conunereial and
industrial sites may be utilized for multi -unit residential development as
identified within the Residential Overlay. This acreage is for statistical
purposes only. The multi -unit residential site size shall be determined at the
time a site development review is approved.
II
PART I. INDUSTRIAL
Section I. Minimum Site Area
A. Thirty Thousand (30,000) square feet.
B. Exception: f 111
The Planning Conuuission may authorize an exception to the minimum site area.
Application for any such exception shall be made at the thne of the filing of a tentative
map by the applicant. In order for an exception to be granted, the Planning Commission
shall find the following facts with respect thereto:
That the granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
That the development considerations and intent of this Planned Connumity
Development Standards are substantially met.
Section II. Permitted Uses
Group I. Light Industrial
22
A. To allow uses primarily engaged in research activities, provided that such activities are
confined within a building or buildings that do not contribute excess noise, dust, smoke,
vibration, odor, toxic, or noxious matter to the surrounding environment nor contain a
high hazard potential, due to the matter of the product material or processes involved.
Such activities may include but shall not be limited to research laboratories and
facilities, developmental laboratories and facilities and compatible light manufacturing
related to the following list of examples:
Bio- Chemical
Chemical
Film and Photography
Medical and Dental
Metallurgy
Pharmaceutical
X -Ray
*Reference Page 4, Part I, Item D.
2. Manufacture, research assembly, testing and repair of components, devices,
equipment and systems and pails and components such as but not limited to the
following list of examples:
Coils, Tubes, Semi - Conductors
Cora nunication, Navigation Control, Transmission and Reception Equipment,
Control Equipment and Systems, Guidance Equipment and Systems
Data Processing Equipment and Systems
Glass Edging, Beveling, and Silvering
Graphics, Art Equipment
Metering Instruments
Optical Devices, Equipment and Systems
Phonographs, Audio Units, Radio Equipment and Television Equipment
Photographic Equipment
Radar, infra -red and Ultra- Violet Equipment and Systems
Scientific and Mechanical Instruments
Testing Equipment
B. To allow the location of offices and areas associated with and accessory to the permitted
uses listed under A.
Administrative, professional and business offices.
2. Regional or home offices of industries which are limited to a single use.
Blueprinting, Photostatting, photo engraving, printing, publishing and
bookbinding, provided that no on -site commercial services is associated with said
uses.
23
4. Cafeteria, cafe, restaurant or auditorium.
Service stations will be permitted, subject to a use permit provided that no on -site
conunercial service is associated with said uses.
& **6. (Transferred to Part II — Commercial, Section II, Group I) [28.2, 35]
C. Service stations subject to a use permit.
OZIJ
Group II. Medium Industrial and Industrial Service and Support Facilities.
A. To allow the location of general manufacturing activities, provided that such activities
are confined within a building or buildings and do not contribute excessive noise, dust,
smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor
contain a high hazard potential due to the nature of the products, material or processes
involved.
Manufacture and/or assembly of the following or similar products:
Aircraft and Related Components
Clocks and Watches
Coffins
Ceramic Products
Concrete Products
Electrical Appliances
Farm Equipment
Heating & Ventilating Equipment
Linoleum
Machinery & Machine Tools
Musical Instruments
Neon Signs
Novelties
Oil Well Valves & Repairs
Optical Goods
Refrigeration
Screw Machine Products
Sheet Metal Products
Shoes
Silk Screens
Sporting Goods
Springs
Stencils
Toys
Trailers
Tricks
2. The manufacture of products or products made from the following or similar
materials:
Aluminum
Iron
Bags, except Burlap Bags
or Linoleum
Sacks
Matches
Batteries
Mattresses
Boxes, Paper
Paper
Brass
Steel
25
Cans
Tin
Copper
Tools
Glass
Wool
Grinding Wheels
Yarn
3. The manufacturing, compounding, processing or treatment of the following or
similar items:
Acids, Non - Corrosive
Lubricating Oil
Candles
Pharmaceutical
Cigarettes & Cigars
Products
Detergents
Plastics
Disinfectants
Toiletries
Dye
Vitamin Products
Food Products
Waxes and Polishes
4. Woodworking Shops, such as: (Provided that, if a planer, router, sticker or moulder
is maintained, all doors and windows in the outside walls of the room in which said
machinery is located shall be kept closed while said machinery is in use.)
Box
Furniture
Wood Products
5. Distribution and Warehousing Plants
B. To allow the location of general manufacturing activities, service industry and activities
related to contractor and construction industry, provided that such activities are confined
within a building or buildings and do not contribute excessive noise, dust, smoke,
vibration, odor, toxic or noxious matter to the surrounding environment nor contain a
high hazard potential due to the nature of the products, materials or processes involved.
Service industries or those industries providing a service as opposed to the man-
ufacture of a specific product, such as the repair and maintenance of appliances or
component parts, tooling, printers, testing shops, small machine shops, shops
engaged in the repair, maintenance and servicing of items excluding automobile
repair, providing that such industries are not the point of customer delivery or
collection.
2. Contractor and construction industries relating to building industry, such as general
contractors, electrical contractors, plumbing contractors.
C. To allow a combination of general industry, business and professional offices, and
industrial support activities, provided that such activities are confined within a building
or buildings, and do not contribute excessive noise, dust, smoke, vibration, odor, toxic or
noxious matter to the surrounding environment nor contain a high hazard potential due
to the nature of the products, materials or processes involved.
26
The industrial support activities shall be defined as and luuited to the sale of products of
services relating only to (he immediate industrial complex. Any activity, which could
be classified as retail commercial, shall be restricted to activities strictly accessory
and /or supplementary to the industrial community.
All uses permitted under A, B, and D.
a. Business and Professional Offices.
b. Industrial Support Facilities, to include activities limited to (he sale of
products or services related to only the industrial complex. Activities of a
commercial nature shall be restricted in scope so as to service and to be
accessory and /or supplementary to the industrial complex.
G. Service stations subject to a use permit.
2. Except as herein indicated, the General Development Standards for Industry shall
apply.
a. Sign Are
Industry Support Facilities and Business and Professional Offices.
Only one (1) facia mounted identification sign shall be permitted per street
frontage for each individual business or office.
No sign shall exceed an area equal to one and one -half (1 -l/2) square feet
of sign for each one (1) foot of lineal frontage of (he buildiog or store.
However, no sign shall exceed two hundred (200) square feet in area per
face.
b. Site Identification Ground Simi
One (1) site identification sign listing only the name of the site or major
tenant on the site shall be allowed. Said sign shall be limited to a
maximum height of four (4) feet and a width of eight (8) feet and may be
double faced.
C. Pedestrian Access
It is required of all developments in the industrial support facility area to
submit a plan of pedestrian access to the Planning BeNafkiieat- Division
prior to the issuance of building permits. Said plan will detail
consideration for pedestrian access to the subject property and to adjacent
properties, and shall be binding on subsequent development of the
properly. The plan shall show all interior walkways and all walkways in
the public right of way, if such walkways are proposed or necessary.
27
D. To allow for the location of a storage facility for new car inventory. Located within
Industrial Site IA between Quail Street on the east, adjacent to Auto Center Sites 2A
and 2B on the south, and Bristol Street on the west This use shall be subject to a use
permit. [3]
D. (Deleted)[2,4]
Section IIL General Development Standards for Industry
Maximum building areas shall be as noted in the Statistical Analysis, Pail I.A and
Part I.B.
A. Building Height [22]
Building heights of structures shall be limited to a height of thirty -five (35) feet;
provided, however, that on Parcel I and Parcel 2 of Parcel Map 86 -33 -34
(Resubdivision No. 529) in Industrial Site 3A, the Planning Connnission or the City
Council on review or appeal may approve a structure up to a maximum height of 50
feet after the approval of a use permit.
The Plamring Conunission or City Council in granting any use permit for structures
in excess of thirty-five (35) feet shall find that each of the following four points have
been complied with:
(a) The increased building height would result in more public visual open space
and views than is required by the basic height limit. Particular attention shall
be given to the location of the structure on the lot, the percentage of ground
cover, and the treatment of all setback and open areas.
(b) The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area than is required by the basic height limit.
(c) The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
(d) The structure shall have no more floor area than could have been achieved
without the use permit. [22]
M
B. Setbacks
All setbacks shall be measured from the property line. For the purpose of this
ordinance, a street side property line is that line created by the ultimate right -o£- -way
line of the fiontage street.
Front Yard Setback
Thirty (30) feet minimum, except that unsupported roofs or sunscreens may
project six (6) feet into the setback area.
2. Side Yard Setback
Ten (10) feet, except that unsupported roofs and sunscreens may project
three (3) feet into the setback area.
In the case of a confer lot, the street side setback shall be thirty (30) feet,
except that unsupported roofs and sunscreens may project six (6) feet into
the setback area. Interior lot lines for a corner lot shall be considered side lot
lines.
3. Rear Yard Setback
No rear yard setback is required except on a through -lot in which case the
required front yard setback shall be observed.
C. Site Coveraee
D. Sim
Maximum building coverage of fifty (50) percent is allowed. Parking
structures shall not be calculated as building area, however, said structures
shall be used only for the parking of company vehicles, employee's vehicles,
or vehicles belonging to persons visiting the subject firm.
Sign Area
Only one (1) single faced or double -faced signs shall be permitted per street
frontage. No sign or combination of signs shall exceed one (1) square foot in
area for each six - hundred (600) square feet of total site area. However, no
sign shall exceed two hundred (200) square feet in area per face. An
additional twenty (20) square feet shall be allowed for each additional
business conducted on the site.
29
2.
3.
4.
5.
6.
Sale or Lease Sign
A sign, advertising the sale, lease, or hire of the site shall be permitted in
addition to the other signs listed in this section. Said sign shall not exceed a
maximum area of thirty-two (32) square feet.
Ground Sigu
All ground signs shall not exceed
height. Also, ground signs in excess
in area (single face) shall not be ci
measured from the property line, o£;
the above standards shall not apply t,
Special Purpose Sign.
Special Purpose Sign
four (4) feet above grade in vertical
of one - hundred fifty (150) square feet
eeted in the first twenty (20) feet, as
my street side setback area. However,
m the Community Directional Sign and
Signs used to give directions to traffic or pedestrians or give instructions as
to special conditions shall not exceed a total of six (6) square feet (single
face) in area and shall be permitted in addition to the other signs listed in this
section.
Wall Signs
Wall signs shall not comprise more than ten (10) percent of the area of the
elevation upon which the sign is located. Said signs shall be fixture signs;
signs painted directly on the surface of the wall shall not be permitted.
In the instance of a multiple tenancy building, each individual industry may
have a wall sign over the entrance to identify the industry. Said sign shall
give only the name of the company and shall be limited to four (4) inch high
letters. Said sign must be oriented toward the parking area for that building.
Construction Sign
One (1) construction sign denoting the architects, engineers, contractor, and
other related subjects, shall be permitted upon the commencement of
construction. Said sign shall conform with the requirements of Item 3 above,
Ground Sign, and will be permitted until such time as a final inspection of
the building(s) designates said structure(s) tit for occupancy, or the tenant is
occupying said building(s), whichever occurs first.
Future Tenant Identification Sign
A sign listing the name of the future tenant, responsible agent or realtor, and
identification of the industrial complex shall be permitted. Said sign shall
9M
conform with the requirements of Item 3 above, Ground Sign, and will be
permitted until such time as a final inspection of the building(s) designates
said structure(s) fit for occupancy or tenant is occupying said building(s),
whichever occurs first.
8. Conmmu»ty Directional and/or Identification Sian
Permanent directional and identification signs, not exceeding two - hundred
fifty (250) square feet (single face), shall be permitted but subject to use
permit.
E. Sigg Standards
Signs visible from the exterior of any building may be lighted, but no signs
or any other contrivance shall be devised or constructed so as to rotate,
gyrate, blink or move in any animated fashion.
2. Signs shall be restricted to advertising only the person, firm, company or
corporation operating the use conducted on the site or the products or sold
thereon.
A wall sign with the individual letters applied directly shall be measured by a
rectangle around the outside of the lettering and/or the pictorial symbol and
calculating the area enclosed by such line.
4. All signs attached to the building shall be flush mounted.
F. Parkin
Adequate off - street parking shall be provided to accommodate all parking needs for
the site. The intent is to eliminate the need for any on- street parking.
Required off -street parking shall be provided on the site of the use served, or on a
contiguous site or within three hundred (300) feet of the subject site. Where parking
is provided on other than the site concerned, a recorded document shall be approved
by the City Attorney and filed with the Building and Planning ^°panne ,ts
Divisions and signed by the owners of the alternate site stipulating to the permanent
reservation of use of the site for said parking.
The following guide shall be used to determine parking requirements:
31
Office
One (1) space for each 225 square feet of net floor area. The parking requirement
may be lowered to one (1) space for each 250 square feet of net floor area upon
review and approval of the modification committee.
Manufacture. Research and Assembly
Two (2) parking spaces for each three (3) employees, but in no event less than three
(3) spaces for each one thousand (1000) square feet of gross floor area.
Warehouse
Two (2) parking spaces for each three (3) employees, but in no event less than one
(1) space for each one thousand (1000) square feet of gross floor area for the first
twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000)
square feet of gross floor area for the second twenty thousand (20,000) square feet;
one (1) space for each four thousand (4,000) square feet of gross floor area for areas
in excess of the initial forty thousand (40,000) square feet of floor area of the
building.
If there is more than one shift, the number of employees on the largest shift shall be
used in determining parking requirements.
G. Landscaping
Detailed landscaping and irrigation plans, prepared by a landscaping architect,
licensed contractor of architect shall be submitted to and approved by the hlimning
Community Development Director prior to issuing of building permit and installed
prior to issue of Certificate of Use and Occupancy.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Front Yard Setback Area
a. General Statement
Landscaping in these areas shall consist of an effective combination
of street trees, trees, ground cover and shrubbery. All unpaved areas
not utilized for parking shall be landscaped in a shnilar manner.
b. Special Landscaped Street
32
The entire area between the curb and the building setback line shall
be landscaped, except for any access driveway in said area.
C. Other Streets
The entire area between the curb and a point ten (10) feet in back of
the front property line shall be landscaped, except for any access
driveway in said area.
2. Side and Rear Yard Setback Area
a. General Statement
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and/or shrub and tree materials.
b. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition but need not be landscaped.
C. Screening
Areas used for parking shall be landscaped and /or fenced in such a
marmer as to interrupt or screen said areas from view from access
streets, freeways, and adjacent properties. Plant materials used for
this purpose shall consist of lineal or grouped masses of shrubs
and/or trees.
3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be
provided in the parking area.
4. Sloped Banks
All sloped banks greater than 5 -1 or 6 feet in vertical height and adjacent to
public right -of -way shall be stabilized, planted and irrigated in accordance
with plans submitted and approved by Planning Director.
H. Loading Areas
-1—On other than special landscaped streets street side loading shall be allowed
provided the loading dock is set back a minimum of seventy (70) feet from
33
1. the street right -of -way line or one hundred ten (1 10) from the street centerline,
whichever is greater. Said loading area must be screened from view fi•om
adjacent streets.
1. Storaee Area
All outdoor storage shall be visually screened from access streets, freeways,
and adjacent properly. Said screening shall form a complete opaque screen
up to a point eight (3) feet in vertical height but need not be opaque above
that point.
2. Outdoor storage shall be meant to include all company owned and operated
motor vehicles, with the exception Orpassenger vehicles.
-?--.3. No storage shall be permtted between a frontage street and the building line.
J. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access
streets, freeways, and adjacent property by a complete opaque screen.
No refuse collection areas shall be permitted behveen a Frontage street and
the building line.
K. Telephone and Electrical Service
All "on- site" electrical lines (excluding lines hi excess of 12 KV) and teleplione lines
shall be placed underground. Transformers or terminal equipment shall be visually
screened from view from streets and adjacent properties.
L. Sidewalks
The requirement for sidewalks in the Planned Conumiuty District may be Nvaived
by the Planning Director if it is demonstrated that such facilities are not needed.
However, the City retains the right to require histallations of sidewalks if, in the
future, a need is established by the City.
M. Nuisances
No portion of the property shall be used is such a manner as to create a nuisance to
adjacent sites, such as but not limited to vibration, sound, elech-o- mechanucal
disturbance and radiation, electroanagnetic disturbance, radiation, air or water
pollution, dust, emission of odorous, toxic or noxious matter.
34
PART II. COMMERCIAL
Section I. Minimum Site Area
A. Thirty Thousand (30,000) square feet
B. Exception: [11]
The Planning Conmrission may authorize an exception to the minimum site area.
Application for any such exception shall be made at the time of the filing of a
tentative map by the applicant. In order for an exception to be granted, the Planning
Commission shall find the following facts with respect thereto:
1. That the granting of the exception will not be detrimental to the public
welfare or injurious to other property in the vicinity.
2. That the development considerations and intent of this Planned Community
Development Standards are substantially met.
Section II. Permitted Uses
Group I. Professional and Business Offices.
To allow the location of commercial activities engaged in the sale of products or
services relating to and supporting the Development Plan, provided that such
activities are confined within a building or buildings.
A. Professional Offices
1. Accountants
2. Attorneys
3. Doctors, dentists, optometrists, oculists, chiropractors and others licensed by
the State of California to practice the healing arts.
4. Engineers, architects, surveyors and planners.
5. Any other general professional offices. [301
B. Business Offices
1.
Advertising agencies
2.
Banks
3.
Economic consultants
4.
Employment agencies
5.
Escrow offices
6.
Insurance agencies
7.
Laboratories:
a. Dental
35
b. Medical
c. X -Ray
cf. Biochemical
e. Film, wholesale only
f. Optonnetrical
8. Stock Brokers
9. Studios for interior decorators, photographers, artists and draftsmen.
10. Telephone answering services
11. Tourist information and travel agencies and ticket reservation services but
not to include any airline terminal services or facilities for the transport of
passengers, baggage or freight. [2]
12. Business and trade schools subject to the approval of a lflii et-km4, Minor Use
Permit [29]
13. Any other general business oil-ices. [31]
F & ** 14. Remedial driving instruction and counseling facility, subject to a use permit
in each case. [28.2, 35]
"Tlus use shall be lunited to Professional and Business Offices Site 9 only. [28.2, 35]
**That all uses, including remedial driving instruction/counseling facilities, located within
Professional and Business Offices Site 9 shall be limited to providing services to adult
clientele only, any use dedicated to serving school aged and minor children shall be
prolii bi feel. [28.2,35]
C. Support Commercial [2 1]
Retail sales and services, so long as said retail sales are of a convenience
nature ancillary to the operation and use of office facilities including tobacco
stores, card shops, confectionery and newspaper stands, and other uses
which, in the opinion of the Planning Commission are of a similar nature.
Retail uses shall be located in the basement or on the first floor of a
building. Storage for such uses shall be within a building.
2. Service uses which are for building tenants and patrons, such as a car wash
and gynmasium/health club facilities. Car washes shall drain into the
sanitary sewer system.
3. Restaurants - outdoor restaurants and take -out restawanls - subject to
securing a use permit in each case.
36
Group II. Commercial Uses
A. Automobile Center, subject to a use permit. [28]
1. Automobile dealership selling only new cars. The sale of used cars,
automobile repair, and automobile detailing may be permitted in conjunction
with the sales of new vehicles but only accessory uses.
2. Service stations subject to the issuance of the use permit and a finding that the
use is supportive of the principal uses permitted in the Newport Place Planned
Community text.
3. Vehicle storage facility shall be permitted in Hotel Site 2 -B subject to the
issuance of a use permit.[36]
B. Hotels and Motels, subject to a use permit.
C. State, County and Municipal Facilities [2]
D. Service Stations & Mechanical Car Wash within Service Station Site #1, subject to a
use permit. [4]
E. Retail Commercial uses such as:
Restaurants, including outdoor, drive -in or take -out restaurants shall be
permitted subject to the securing of a use permit, except as noted under "a"
and "b" below: [7]
a. Restaurants, other than outdoor, drive -in or take -out restaurants, shall
be permitted in Retail- Conmmercial Site I without a use permit
provided that the net floor area of all restaurant uses does not exceed
20% of the net floor area of the retail- commmercial center.
b. Outdoor, drive -in or take -out restaurants shall be designed and
located so as to be an integral element of the retail- commercial center
and shall not be permitted as a free- standing independent use in any
case.
2. Barber shop and beauty parlor
3. Book and stationery store
4. Blueprinting and photostatics
5. Camera shop
6. Delicatessen store
7. Florist
8. Shoe store or repair shop
37
9. Tailor
10. Tobacco store
11. Office equipment retail and repair
12. Pharmacies
13. Tourist information and travel agencies and ticket reservation services, but
not to include any airline terminal services or facilities for the transport of
passengers, baggage or freight
14. Instructional dance facility for adults and related retail sales, subject to a
use permit (28.1)
15. Other uses similar to the above list
F. General Commercial [8, 9, 23, 26, 28.3, 37]
1. New car dealership, subject to a use permit, including ancillary uses listed
under Part II, Section 1I, Group Il, A.
2. Service stations subject to a use permit.
3. Restaurants, including outdoor, drive -in or take -out restaurants, shall be
subject to a use permit. Restaurant uses are permitted within General
Commercial Sites 1, 2, 3, 5 and 6 not permitted within General Commercial
Site 4.
a. Restaurants, consisting 1,000 square feet of take -out service - limited
use, and 4,000 square feet of food service use shall be permitted in
General Commercial Site 8 in accordance to the Municipal Code, for
General Commercial District Site 8. [37].
4. Hobby, Arts and Crafts, including:
a. Sporting goods store
b. Camera store
C. Art gallery
d. Craft store
e. Pet store
f. Bicycle store
g. Other uses of similar nature
S. Book and Office Support Stores, including:
a. Book store
b. Office supplies
C. Other uses of similar nature
6. Retail stores and professional service establishments, including:
a. Pharmacies
b. Specialty food
C. Fabric shops
d. Jewelry shops
e. Furrier
M
f Formal Wear
g. Barber and hair styling
h. Clothing store
i. Liquor store
J Tourist information and travel agencies and ticket reservation
services, but not to include any airline terminal services or facilities
for the transport of passengers, baggage or freight.
k. Other uses of similar nature
7. Home and Office Furnishings, including:
a. Home furniture store
b. Office fiimitae store
C. Interior decorators
d. Home appliances
e. Antique store
f Other uses of similar nature
8. Athletic Clubs, including:
a. Spa
b. Health club
C. Recreation facility
d. Other uses of similar nature
9. Home improvement stores, including:
a. Hardware store
b. Paint store
C. Wallcovering store
d. Other uses of similar nature
10. Retail nursery subject to a use permit
11. Institutional, instructional and educational uses, subject to a use permit in
each case. (28.3)
12. Professional and Business Offices - see Part II, Section I1, Group I for
permitted uses.
*Office uses are permitted within General Commercial Sites 3, 4, 5, 6, and 8 and not
permitted within General Commercial Sites I and 2. [9, 26, 28.3, 31, 37]
39
Section III. General Development Standards for Commerce
Maximum building areas and building heights shall be noted in the Statistical
Analysis, Part ILA and Part II.B.
A. Setbacks
All setbacks shall be measured from the property line. For the purpose of this
ordinance, a street side property line is that line created by the ultimate right -of -way
line of the frontage street.
1. Front Yard Setback
Thirty (30) feet minimum; except that unsupported roofs or sunscreens may
project six (6) feet into the setback area.
I-Iotel/Motel uses: Seventeen (17) feet and six (6) inches minimum,
provided that the average setback for all buildings along the linear street
frontage is thirty (30) feet. [31]
2. Side Yard
Side yard setbacks will be required only when any one of the following
conditions exist:
a. Corner lot: Thirty (30) feet (street side setback only), except that
unsupported roofs and sunscreens may project three (3) feet into
setback area.
Hotel/Motel uses: Fourteen (14) feet and six (6) inches minimum,
provided that the average setback for all buildings along the linear
street frontage is twenty -seven (27) feet. [31 ]
b. Where property abuts other than commercially zoned property, a ten
(10) foot setback is required. Unsupported roofs and sunscreens may
project three (3) feet into the setback area.
Hotel /Motel uses: Ten (10) feet minimum setback for all buildings
along the property line. [31]
3. Rear Yard
None required except on a flu•ough -lot in which case the required front yard
setback shall be observed.
B. Sims
1. Sian Area: General Standard
Building identification shall be limited to a single (1) entity. Building
identification signs shall have an area not to exceed 1 1/2 square feet of
surface for each one (1) foot of lineal frontage of building. However, no
sign shall exceed two hundred (200) square feet per face. Building identi-
fication signs shall be limited to two (2) facades.
2. Pole Sian:
One (1) identification pole sign site will be allowed for the following
conummercial businesses:
a. Restaurant
b. Cocktail lounge and /or bar
C. Motel and hotel
If a pole sign is utilized, it shall be in lieu of other identifications signs
allowed by ordinance. Pole signs shall be limited to maximum height of
twenty (20) feet and a maximum area of fifty (50) square feet per face,
double faced.
3. Wall Sian:
In no event shall an identification sign placed on a wall comprise more than
ten (10) percent of the area of the elevation upon which the sign is located.
Said signs shall be fixture signs. Signs painted directly on the surface of the
wall shall not be permitted.
4. Ground Sian:
Arm identification ground sign shall not exceed four (4) feet above grade in
vertical height. Also, ground signs in excess on one - hundred and fifty (150)
square feet in area (single face) shall not be erected in the first twenty (20)
feet, as measured from the property line, of any street side setback.
However, the above standards shall not apply to the Community Directional
Sign and Special Purpose Sign.
5. Multi - Tenant Directory Sign:
One (1) directory sign listing only the name of the firms or businesses on a
site shall be allowed. Said sign shall be limited to a maximum height of
41
twenty (20) feet. Panels identifying each individual story shall be no longer
than one (1) foot in width and five (5) feet in length.
6. Special Purpose Sign:
Subject to the standards established in Part I, Section III, Item DA
7. Construction Sign:
Subject to the standards established in Pail I, Section III, Item D.6.
8. Future Tenant Identification:
Subject to the standards established in Part 1, Section III, Item D.7.
9. Community Direction and /or Identification Sign:
Subject to the standards established in Part I, Section III, Item C.B.
C. Sign Standards
Except as noted above, the same sign standards as outlined in Sub - Section D,
Section III, Part I of this ordinance, shall prevail for developments in this area.
D. Pa_ r
1. Medical and Dental
Five (5) spaces for each doctor or one (1) space for each 200 square feet of
gross floor area whichever is greater.
2. Professional Offices
One (1) space for each 225 square feet of net floor area. The parking
requirement may be lowered to one (1) space for each 250 square feet of net
floor area upon review and approval of the modification committee.
Exceptions: [35]
The following parking requirements are applicable to Professional and
Business Office Site No. 9.
• One (1) space for each 281 square feet of net floor area.
• Changes to the on -site parking plans shall be reviewed by the Planning
Director.
42
3. Lodge, Halls, Private Clubs, Union Headquarters
One (1) space for each 75 square feet of gross floor area plus one (1) space
for each 250 square feet of gross office floor area.
4. Restaurants Outdoor Drive -hu and Take -Out Restaurants. [7]
Restaurant parking shall be in accordance with Section 20.38.030(d
20.40.040 of the Newport Beach Municipal Code, except as noted under "b"
and "o" below. [37]
b. Restaurants other than outdoor, drive -in or take -out restaurants
within Retail - Commercial Sites 1 and 2 shall provide one (1) space
for each 200 square feet of net floor area and one (1) loading space
for each 10,000 square feet of gross floor area, to the extent that the
net floor area of all restaurants does not exceed 20% of the net floor
area of the retail - commercial center. In the event that any restaurant
causes the total of all restaurant uses in the retail- conunercial center
to exceed 20% limitation noted above, that entire restaurant and any
subsequent restaurants shall provide parking as noted under "a"
above.
C. Parking for restaurants (take -out service - limited use, food service
with/without alcohol, with without late hour) within General
Commercial Site 8 shall be in accordance with the Newport Beach
Municipal Code [37].
5. Retail Conunercial
One (1) space for each 200 square feet of net floor area. One (1) loading
space for each 10,000 square feet of gross floor area.
6. Hotels and Motels [6]
Parking for Hotel and Motel guestrooms; all related restaurants, cocktail
lounges, banquet and meeting rooms, retail shops; and all employees shall be
based on a demonstrated formula to be reviewed and approved by the
Plamilng Commission.
The parking formula shall contain the minimum parking which would be
required for each of the separate uses evaluated independently. Any
W,
reductions from this minimum parking requirement must be based on the
joint usage of the facilities by hotel and motel patrons. [ 10]
7. General Commercial [8, 9]
a. One (1) space for each 250 sq.ft. of net floor area. One (1) loading
space for each 10,000 sq.ft. of gross floor area.
b. If the development of General Commercial Site 3 or 4 is limited
solely to Professional and Business Office use, the parking shall be:
One (1) space for each 225 sq.ft. of net floor area.
The parking requirements may be lowered to one (1) space for each
250 sq.ft. of net floor area upon review and approval of the
modifications committee.
C. Specific parking requirements shall be developed for uses such as
furniture stores, athletic clubs, theaters, bowling alleys, home
improvement stores, retail nurseries or tie stores based upon
functions and occupancies within these uses. Parking shall be in
conformance to existing City of Newport Beach requirements for
said occupancies, or at a demonstrated formula agreeable to the
Direeter• of Community Development Director. In the event that any
use described above is converted to another use parking requirements
for the new use shall be subject to review by the Direeter el
Community Development Director.
d. For restaurant parking see Part 1I, Section BI, DA.
E. Landscaping
Detailed landscaping and irrigation plans, prepared by a landscaping architect,
licensed landscaping contractor or architect shall be submitted to and approved by
the planning- Community Development DircctorD4Feeter prior to issuing of Building
Permits and installed prior to issue of Certificate of Use and Occupancy.
All landscaping referred to in this section shall be maintained in a neat and orderly
fashion.
Front Yard Setback Area
a. General Statement
Landscaping in these areas shall consist of an effective combination
of street trees, trees, ground cover and shrubbery.
44
C. Special Landscaped Street
The entire area between the curb and the building setback line shall
be landscaped, except for any driveway in said area.
C. Other Streets
The entire area between the curb and a point ten (10) feet in back of
the front property line shall be landscaped except for any driveway in
said area.
2. Side Yard and Rear Yard
a. General Statement
All unpaved areas not utilized for parking and storage, shall be
landscaped utilizing ground cover and/or shrub and tree materials.
b. Undeveloped Areas
Undeveloped areas proposed for future expansion shall be
maintained in a weed free condition, but need not be landscaped.
C. Screening
Areas used for parking shall be screened from view or have the view
interrupted by landscaping and /or fencing from access streets,
freeways, and adjacent properties. Plant materials used for screening
purposes shall consist of lineal or grouped masses of shrubs and/or
trees.
d. Boundary Areas
Boundary landscaping is required on all interior property lines. Said
areas shall be placed along the entire length of these property lines or
be of sufficient length to accommodate the number of required trees.
Trees, equal in number to one (1) tree per twenty -five (25) lineal feet
of each property line, shall be planted in the above defined areas in
addition to required ground cover and shrub material.
e. All landscaped areas shall be separated from adjacent vehicular areas
by a wall or curb, at least (6) inches higher that the adjacent velcular
area.
3. Parking Areas
Trees, equal in number to one (1) per each five (5) parking stalls shall be
provided in the surface parking area (31).
45
P. Loading Area
Street side loading oil other than special landscaped streets, shall be allowed
providing the loading clock is set back a n,inin,um of severity (70) feet from
the street right-of-way line, or one hundred ten (110) feet from the street
center line, whichever is greater. Said loading area must be screened from
view from adjacent streets.
G. Storage Area
1. All outdoor storage shall be visually screened from access streets, freeways
and adjacent property. Said screening shall form a complete opaque screen
Lip to a point eight (S) feet in vertical height but need not be opaque above
that point.
2. Outdoor storage shall be meant to include all company owned and operated
motor vehicles, with the exception of passenger vehicles.
3. No storage shall be permitted-behvecn a frontage street and the building line.
H. Refuse Collection Areas
All outdoor refuse collection areas shall be visually screened from access
streets, freeways and adjacent property. Said screening shall form a
complete opaque screen.
2. No refinse collection area shall be permitted between a frontage street and the
building line.
1. Telephone and Electrical Service
All "on- site" electrical lines (excluding lines in excess of 12KV) and telephone lines
shall be placed underground. Transformer or terminal equipment shall be visually
screened from view from streets and adjacent properties.
J. Pedestrian Access
It is required of all developments ill the commiercial areas to submit a plan of
pedestrian access to the Planning Bepa+{n,ea- -Division prior to the issuance of
building permits. Said plans will detail consideration for pedestrian access to the
subject property and to adjacent properties, and shall be binding on subscgncnt
development of the property. The plan shall show all interior walkways and all
walkways ill the public right -of -way, if such walkways are proposed or necessary.
W.
PART Ill. RESIDENTIAL OVERLAY
Section 1. Minimum Site Area
None. Pursuant to General Plan Program HP3.2.2, residential development meeting
requirements in the following: Section 11. A. shall be exempt from the nutthnunt 10-
acre site requirement specified in General Phur Policy LU6.15.6.
Section 11. Density
L Minimum — 30 dtt/acre
2. Maximum — 50 dt ✓acre
Chapter 20.32 of the Zoning Code provides for density bonus which allows
an7ordable housing projects to achieve increased densities up to a maximum 35
percent of the base density. The provision also includes the opportunity for
incentives.
Section 111. Definitions
Very Low — Income Household: 50 percent or less of the area median income, as
adjusted for family size by the United States Depatynent of Housing and Urban
Development.
Low - Income Household: 50-80 percent of the area median income, as adjusted for
family size by the United Slates Depatlment of Housing and Urban Development.
Moderate - Income Household: 80-120 percent of the area median income, as
adjusted for family size by the United States Department of Housing mid Urban
Development.
Above Moderate — Income Household: 120+ percent of the area median income, as
adjusted for family size by the United States Depatlment of Housing and Urban
Development.
Lover- InconeHousehold: Includes all that qualify under low and very- low
income definitions.
Section IV, Permitted Residential Uses
A. To allow residential development that supports the City's need for lowcr-
income households. Residential development shall be permitted by right
subject to the following requirements:
47
I. Limited to multi -unit residential development and subject to Site
Devclo meat Review pursuant to Section 20.52.080 of the Neymort
Beach Zoninp Code.
2. Notwilhstanding, the review authority for site development review listed
in Table 5 -2 of the Ncwport Beach Zoning Code, the review authority
for site development review shall be the Planning Commission.
3. A minimum of 30 percent of the units within the residential development
shall be affordable to lower- income households and subject to a 30 -year
affordability covenant.
4. Densities shall be limited to a mininuun of 30 dwelling units per acre and
a maximum of 50 dwelling units per acre.
5. Sites shall be located such that any noise, dust, smoke. vibration, odor,
toxic or noxious matter that may be generated by existing commercial or
industrial uses in the surrounding environment would not ucgatively
impact future residents of the development.
6. Residential dwellings shall be permitted as replacement of existing
nonresidential uses. The number of peak hour trips generated by the
development of the site shall not exceed the number of trips that would
have resulted from the existing development of the underlying permitted
nonresidential uses. A standardized set of conversion rates provided by
the City Traffic Engineer shall be utilized.
7. Residential development shall be subiect to the maximum development
allocation for the Airport Area established by General Plan Land Use
Policy 6.15.5.
Section V. General Development Standards for Residential
Residential development shall be subject to the development standards applicable to
the Multi -Unit (RM) residential zoning disvict as specified in the Newport Beach
Zoning Code, except as specified below:
A. Building HcipJlt
Maximum building heights shall be limited to a height limit of 55 feet. The
height of a structure can be increased up to a maximum height limit of 300
feet, with the approval of a site development review and subiecl to required
findings specified in Section 20.30.060.C.3 of the Newport Beach ZAming
Codc. Heights shall also comply with the requirements of Section
20.30.060.E of the Newport Beach Zoning Code (Airport Environs Land
m
Use Plan for John Wayne Airport and the Airport Land Use Commission
Review Requirements).
B. Floor Area Limit
None.
C. Setbacks
All setbacks shall be measured from the property line. For the purpose of
this ordinance, a street side property line is that line created by the ultimate
right -of -way line oflhe frontage street.
1. Street Setback
Thirly (30) feet minimum, except that unsupported roofs or
sunscreens may project six (6) feet into the setback area.
2. Interior Setback
Ten (10) feet, except on a through -lot in which case the required
street setback shall be observed.
3. Footprint Lots (6)
Excent as reauired by the Building Code there shall be no additional
setback requirements for buildings within footprint lots. Provided,
however, that buildings within footprint lots shall be so located as to
observe the setbacks from streets and existing lot lines required under
Part 111, Section III.B.1, 2 and 3.
D. Signs
All sianaue shall be as specified in Chanter 20.42 of the Newooil Beach
Zoning Code.
E. Amenities and Neighborhood Integration
Due to the potential land use inconn atibilily with other uses within the
established commercial or industrial area, residential development shall
incorporate sufficient amenities (e.gsparks, clubhouse, pool, etc.) for the use
of the residents and incorporate necessary improvements (e.g., pedestrian
walkways open space, recreational space, pedestrian and bicycle
connections) to allow integration into the existing community and larger
residential development that may occur in the future. The number and type
of amenities required and necessary improvements shall be determined
49
through the Site Development Review process based on the size, density,
location, and any other factors deemed relevant.
Affordable units shall be designed and distributed within the residential
development as follows:
I. Number of Bedrooms. Affordable units sliall reflect the range of
numbers of bedrooms provided in the residential development proiect
as a whole,
2. Comparable Quality and Facilities. Affordable units shall he
comparable in the facilities provided (e.g.. laundry, recreation, etc.)
and in the quality of construction and exterior design to the market -
rate units:
3. Size. Affordable units may be smaller and have different interior
finishes and leatures than the market -rate units, and
4. Location. Affordable units shall be dispersed throughout the
residential development. unless clustering is allowed by the review
authority.
P. Parkin
Parking sliall comply with the requirements and standards specified in
Chapter 20.40 of the Newporl Beach Municipal Code for multi -unit
residential development.
G. Landscape
All landscaping shall comply with the requirements specified in Chapter
20.36 of the Newport Beach Municipal Code for i n lti -unit residential
development, with the following exceptions:
1. Special Landscaped Street
The entire area between the curb and the builduig setback
line shall be landscaped, except for any driveway in said area.
Tree size to be no less than 24 -inch box.
2. Other Streets
The entire area between the curb and a point ten (10) feet
back in the front property line shall be landscaped except for
any driveway in said area. Trec size to be no less than 24-
inch box.
50
FOOTNOTES
[1] Planned Community Text Amendment No. 1, dated December 13, 1971, incorporating a revised
land use plan.
[2] Planned Conununity Text Amendment No. 2, dated .Tune 12, 1972, incorporating the following
changes:
a. Relocation of Fire Station site.
b. Limitation of tourist information, travel agencies and ticket reservations within Retail
Connnercial sites.
C. Addition of specific restaurant density within Retail Commercial sites.
[3] Planned Community Text Amendment No. 3, dated October 24, 1972, permitting Auto Centers
as an additional use within Industrial Site 2B.
[4] Planned Community Text Amendment No. 4, dated January 8, 1973, incorporating the
following changes:
a. Provision for a Mechanical Car Wash within Service Station Site No. 1.
b. Eliminate provision for a Fire Station within Industrial Site 3A.
[5] Planned Community Text Amendment No. 5, dated July 23, 1973, incorporating the following
changes:
a. Rearrangement of Office Site 3 and Restaurant Site 2 and reapportionment of land
allotted to each.
b. Reduce allowable building area in Office Sites 1 and 2 and increase allowable building
area in Office Site 3A.
C. Increase allowable building height in Office Site 3A to 8 stories.
[6] Planned Conununity Text Amendment No. 6, dated June 10, 1974, establishing parking
requirements for Hotels and Motels based on a demonstrated formula.
[7] Planned Community Text Amendment No. 7, dated September 8, 1975, revising off- street
parking requirements for restaurants to conform with existing City Standards.
[8] Planned Community Text Amendment No. 8, dated February 9, 1976, permitting General
Commercial uses on Auto Center Site la and 2b.
51
FOOTNOTES (Coat.)
[91 Planned Conrmunily Text Amendment No. 9, dated April 11, 1977, incorporating the
following changes:
a. Expand the permitted uses for General Conunercial.
b. Re- designate General Commercial Site 1 -A and 2 -13 to General Conuuercial Sites 1,
2 and 3.
C. Expand General Commercial Site 3 to include one half of Industrial Site IA.
d. Convert Industrial Site 2A to General Commercial Site 4.
e. Restrict the allowable building area and the permitted uses for General Cormuereial
Sites 1, 2, 3 and 4.
[10] Planned Community Text Amendment No. 10, dated May 23, 1977, incorporating the
following change:
a. Delete the provision added by Resolution No. 8261 adopted by the City Council on
June 10, 1974 from Section III, D, 6.
[111 Planned Conmmrdty Text Amendment No. 11, dated April 10, 1978, incorporating the
following change:
a. Establish guidelines for an exception to the minrinnm site area.
[121 Planned Conummity Text Amendment No. 12, dated July 11, 1978, incorporating the
following change:
a. Revised the allowable building height for Parcel No. I of Resubdivision No. 585.
[13] Planned Community Text Amendment No. 13, dated November 27, 1978, incorporating the
following change:
a. Requirement that a Phasing Plan be approved by the Planning Commission for
seventy (70) percent of the undeveloped allowable building area existing as of
October 1, 1978.
[14] Planned Community Text Amendment No. 14, dated June 11, 1979, incorporating the
following changes:
a. Reduce the allowable building area of hndustrial Site 3A.
b. Reduce the allowable building area of Commercial /Professional and Business Office
Site 1 and 2.
52
(Cont.)
[15] Planned Convuunity Text Amendment No. 15, dated March 23, 1981, incorporating the
following changes:
a. Specification of a maximum building height of seven (7) stories on Parcel No. 2 of
Resubdivision No. 585.
[16] Planned Connaunity Text Amendment No. 16, dated March 8, 1984 incorporating the
following change:
a. Increase of 16,154 square feet of office space in Professional and Business Offices
Site 5.
[17] Planned Connnunity Text Amendment No. 17, dated April 23, 1984, incorporating the
following change:
a. Increase of 1,091 square feet of office space in Professional and Business Offices
Sites 1 and 2.
[18] Plamied Coannunity Text Amendment No. 18, dated June 25, 1984, incorporating the
following changes:
a. Establish a specific limit on hotel rooms in Hotel Sites IA and 113.
[19] Planned Community Text Amendment No. 19, dated July 23, 1984, incorporating the
following changes:
a. Transfer of 4,130 square feet of allowable building area from General Commercial
Site 4 to Professional and Business Offices Site 5.
[20] Planned Community Text Amendment No. 20, dated January 12, 1987, incorporating the
following changes:
a. Add Professional and Business Offices Site 8, with 54,000 square feet allowed.
C. Delete Restaurant Site 2A, with 8,400 square feet deleted.
53
(Cont.)
[21] Planned Community Text Amendment No. 21, dated March 9, 1987, incorporating the
following change:
a. h7crease allowed development in Professional and Business Offices Site 5 to 241,570
square feet; allow additional support retail uses up to 294,600 square feet total; add
support conmrercial as permitted land use. (21)
[22] Planned Community Text Amendment No. 22, dated February 4, 1988, incorporating the
following change:
a. Allow structures located within a portion of Industrial Site 3A to be constructed in
excess of the 35 -foot height limit up to a maximum of 50 feet, subject to the
approval of a use permit.
[23] Planned Conmiunity Text Amendment No. 23, dated July 6, 1989 incorporating the
following change:
a. Allow restaurant uses on General Commercial Site 1, subject to the approval of a use
permit in each case.
[24] Planned Community Text Amendment No. 24, dated June 6, 1991, incorporating the
following change:
a. Increase the allowable office development in Professional Business Offices, Site No.
5 to 257,287 square feet, and reduce the allowable retail development to 37,315
square feet.
[25] Planned Community Text Amendment No. 25, approved by the City Council on March 9,
1992, incorporating the following change:
a. Increase the allowable office development in Professional Business Offices, Site No.
5 to 268,743 square feet, and reduce the allowable retail development to 25,857
square feet.
[26] Planned Community Text Amendment No. 26, approved by the City Council on June 8,
1992, incorporating the following changes:
a. Redesignate the Sheraton Hotel Site from Hotel Site IA and 1B to Hotel Site 1 and
General Commercial Site 5.
b. Reduce the hotel room entitlement on Hotel Site 1 by 119 rooms and establish a
development entitlement of 31,362 square feet for General Commercial Site 5.
C. Establish a height limit of 50 feet within General Commercial Site 5.
54
FOOTNOTES (Cont.)
d. The Requirement for a reciprocal easement to provide ingress, egress, and parking
for mutual benefit between Hotel Site 1 and General Commercial Site 5.
[27] Planned Community Text Amendment No. 27, approved by the City Council on September
13, 1993, incorporating the following changes:
a. hncrease the allowable commercial development in General Commercial Site 3 from
48,300 square feet to 49,380 square feet.
b. Delete the provision which counts one square foot of floor area devoted to
restaurants as two square feet of permitted commercial floor area in General
Commercial Sites 2, 3, and 5.
C. Delete the provision which restricts the maximum amount of gross floor area
devoted to restaurants to 8,000 square feet each in General Commercial Sites 3 and
5.
[28] Planned Community Text Amendment No. 28, approved by the City Council on
January 22, 1996, incorporating the following changes.
a. Restricting automobile repair and detailing as an accessory use only in conjunction
with sales of new vehicles.
d. Eliminate other permitted uses.
[28.1] Planned Cormnunity Text Amendment No. 28.1, approved by the City Council on
September 9, 1996.
a. To add 'Instructional Dance Facility for Adults and Related Retail Uses' to the list of
'Retail Commercial' uses for Newport Place.
[28.2] Planned Conmumity Text Amendment No. 28.2, approved by the City Council on March
24, 1997, incorporating the following changes:
a. Change the list of permitted uses of "Industrial Site No. 4" to allow establishment of
remedial driving instruction and counseling facility.
[28.3] Planned Community Text Amendment No. 28.3, approved by the City Council on August
11, 1997, incorporating the following changes:
a. Redesignate "Retail Connnnercial Site 1" (MacArthur Square) to "General
Commercial Site No. 6."
b. Redesignate "Retail Commercial Site 2" to "Retail Connrnercial Site I "
55
FOOTNOTES (Cont.)
[29] Planned Con m pity Text Amendment No. 29, approved by the City Council on July 27,
1998, incorporating the following change:
a. Permit Business and Trade Schools within Profession and Business Office Site 3A,
subject to the approval of a Planning Director's Use Permit.
[30] Planned Conmun- ty Text Amendment No. 30, approved by the City Council on January 11,
1999, incorporated the following changes:
a. Establish the permitted Gross Floor area for Professional and Business Offices Sites
1 and 2 at 860,884 square feet.
[31] Planned Community Text Amendment No. 31, approved by the City Council on February 8,
1999, incorporating the following changes:
a. Redesignating Auto Center Site 2A to Conmiercial/Professional & Business
Offices Site 2A.
b. Redesignating Industrial Site 2B to Commercial/Hotel & Motel Site 2B.
C. Expand the permitted uses for Professional & Business Offices to include general
professional and general business offices.
Establish a height limit of 95 feet within Professional & Business Office Site 2A.
C. Establish a height limit of 60 feet within Hotel & Motel Site 2B.
f. Establish a front yard setback for I-Iotel/Motel "uses a 17 % foot minimum, provided
that the average setback for all buildings along the linear street frontage is 30 feet.
g. Establish a side yard, corner lot setback for Hotel /Motel uses of a 14 1/2 foot
minimum, provided that the average setback for all buildings along the linear street
frontage is 27 feet.
h. Establish a side yard setback for Hotel/Motel uses of a ten (10) foot minimum.
i. Provide that landscaping in parking areas be provided in surface parking areas.
[32] Planned Community Text Amendment No. 32, approved by the City Council on April 12,
1999, incorporated the following changes:
a. Establish the permitted gross floor area for Professional and Business Offices Site 4
at 228,214 square feet.
56
(Cont.)
[33] Planned Conuuunity Text Amendment No. 33, introduced at the City Council meeting on
March 26, 2002 and adopted on the 9th of April 2002:
a. Update The Industrial Statistical Analysis by allowing a 1,590 square foot
building addition at the subject property identified as 1811 Quail Street.
[34] Planned Conar unity Text Amendment No. 34,adopted on the 14th of Tune 2005:
a. Revising the Land Use Plan, permitted uses, and development standards of the
Newport Place Planned Community as they relate to the Newport Lexus
Dealership.
[35] Planned Community Text Amendment No. 35, adopted on September 14, 2010:
a. Re- designate Industrial Site 4 to Professional and Business Offices Site 9.
b. Change the parking requirement for office uses within Professional and Business
Offices Site No. 9 to one space per 281 square feet, which allows all of the buildings
to be occupied with office uses.
C. Add a provision that requires Planning Director review of the parking configuration
in Professional and Business Offices Site No. 9.
d. Revising the Land Use Plan, permitted uses and development standards of the
Newport Place Planned Community as they relate to the Newport Commerce 16.9
acre site bounded by Birch Street, Dove Street, Westerly Place and Quail Street.
[361 Planned Community Text Amendment No. 36, adopted on October 25, 2011:
a. Add vehicle storage facility as a permitted use on Hotel Site 2 -B subject to the
issuance of a use permit and a finding that the use is supportive of the principal
uses permitted in the Newport Place Planned Community text.
[37] Planned Community Text Amendment No. 37, adopted on November 22, 2011:
a. Change the zoning designation of the subject property from "Restaurant Site 1"
to "General Commercial Site 8."
b. A transfer of development rights to allow the transfer of 48 unbuilt hotel units,
which equates to Storage Facility at 1301 Quail Street and 1,620 square feet from
General Commercial Site 7 ( Lexus Dealership at 3901 MacArthur Boulevard) for
a total of 5,529 square feet to the subject site, pursuant to Chapter 20.46 (Transfer
of Development Rights) of the Municipal Code.
57
[381 Planned Community "fcxt revisions (Ortlinauce No. 2011- 1, adopted htsert Date, to allow
the following �gcs:
a. To establish a residential development overlay where multi -tmit residential
developments, wlucli include a ntiuinunn of 30 percent of the units of ordable to
lower income households, are permitted subject to site development review.
b. Revised references to the Planning Director, Planning Deparimenl, Building
DWartmenl, and Direclor of Parks, Beaches, and Recreation to Commuldo
Devehopmenl Direclor, Planting Division, Building Division, and Director of
Municipal 0 eralion De admen. to reflect changes in the City's oryanizalional
stnicture.
Total 134.6 ac.
'ce
Area Summary
tat'ery
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l
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23.3 ac.
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81.7 ac.
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16.5 ac.
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1.8 ac.
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il
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10.1 ac.
ci
';'
E
Service Station
1.2 ac.
1
MU -1-12 within the General Plan
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Attachment No. PC 2
Housing Programs 3.2.2 and 3.2.3
Housing Program 3.2.2 Recognizing that General Plan Policy 1,136.15.6 may result in a
potential constraint to the development of affordable housing in
the Airport Area, the City shall amend the General Plan and /or
establish a waiver or exception to the minimum 10 -acre site
requirement. It is recognized that allowing a smaller scale
development within an established commercial and industrial
area may result in land use compatibility problems and result in a
residential development that does not provide sufficient
amenities (i.e. parks) and /or necessary improvements (i.e.
pedestrian walkways). Therefore, it is imperative that the
proposed waiver include provisions for adequate amenities,
design considerations for the future integration into a larger
residential village, and a requirement to ensure collaboration
with future developers in the area. (I)p 25.1)
Responsibild)y Planning Division, Planning Colvlwwon and CIO,
Caluiczl
2008 -2014 Ol jeclive: S1a ff .tlra 11 slrrdy and develop a plan fir Me
City Council's considewlion Gy Spiing 2012.
Housing Program 3.2.3 The City shall annend the Newport Place (PC 11) and Koll
Center (PC 15) Planned Community texts to allow residential
developments that include: 1) a minimum of 30 percent of the
units affordable to lower- income households; and 2) densities
between 30 du /acre and 50 du /acre consistent with the MU -1-12
General Plan land use designation and policies for the Airport
Area. It is recognized that adding residential as a permitted use
where it was not allowed previously aught requite additional
design attention to integrate uses. Therefore, the Planned
Community Amendments will add residential uses as permitted
by right subject to a site plan review to ensure integration within
the existing area.
The City will monitor commercial redevelopment within the
Airport Area to ensure sufficient residential capacity remains to
accommodate the City's RI-INA for lower- income households.
Should residential capacity be reduced to a level that cannot
accommodate the City's remaining need for lowet- income
households citywide, the City will identify and zone, if necessary,
sufficient sites in an alternative location to accommodate the
City's RHNA (Imp 25.1)
Rgon.dGili�c Planning Division, Plana& COnUnission and City
Cololi it
2008 -2014 Objeellve: S7a(f shall pn j)ais a Cq)- hulialed Planned
Coummlnlly Aivendinew for Planning Coannission and Ci j, Conntil
irvienv by Spring of 2012.
Attachment No. PC 3
HCD compliance letter
STATE OF CALIFORNIA - BUSINESS TRANSPORTATION AND HOUSING AGENCY FDMUNO G —BROWN JR Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street, Suite 430
P. O. Box 952053 t
Sacramento, CA 94252 -2053
(916) 323 -3177! FAX (916) 327 -2643
w i.hcd.ca.gov
December 29, 2011
Mr. David Kiff, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
RE: Review of the City of Newport Beach's Adopted Housing Element
Dear Mr. Kiff:
Thank you for submitting Newport Beach's housing element adopted November 22, 2011
and received for review on November 30, 2011. The Department is required to review
adopted housing elements and report the findings to the locality pursuant to Government
Code Section 65585(h).
As you know, the Department's September 8, 2011 review found Newport Beach's
revised draft housing element addressed the statutory requirements of housing element
law. As the adopted element is substantially the same as the revised draft, we are
pleased to find the element in full compliance with State housing element law
(Article 10.6 of the Government Code).
Successful implementation of Program 3.2.2, to remove the 10 -acre minimum site
requirement and Program 3.2.3, to allow by -right development for multifamily housing
affordable to lower- income households are critical to facilitate residential development
within the John Wayne Airport Area (PC 11 and PC15). The City must monitor and
report on the results of these and other programs through the annual progress report,
required pursuant to Government Code Section 65400.
The Department acknowledges Newport Beach's commitment to encourage the
development of a variety of housing types for lower- income households and workers
through the implementation of Program 2.1.5 providing regulatory and financial
incentives to meet the housing needs of extremely low- income households and
Program 3.1.4 to facilitate the development of residential on mixed -use sites. Such
strategies facilitate more compact development to address climate change, energy
conservation and air quality objectives, maximize existing land resources, and promote
the feasibility of developing housing for lower- income families and workers while
strengthening the local economy.
Mr. David Kiff, City Manager
Page 2
The Department is pleased to report Newport Beach now meets specific requirements
for several State funding programs designed to reward local governments for compliance
with State housing element law. For example, the Housing Related Parks (HRP)
Program, Local Housing Trust Fund and the Building Equity and Growth in
Neighborhoods (BEGIN) programs include housing element compliance either as a
threshold or competitive factor in rating and ranking applications. Details about these
and other programs are available at this website at
http: / /www.hcd.ca.gov /hpd /hrc /plan /he /loan grant hecomp1011708.pdf.
Specifically, the HRP Program, authorized by Proposition 1C, is an innovative new
program rewarding local governments for the approval of housing for lower- income
households and provides grant funds to eligible local governments for every qualifying
housing start, beginning calendar year 2010. Additional information on the HRP
Program can be obtained from this website http: / /www.hcd.ca.gov /hpd /hrpp /.
The Department appreciates the assistance provided by Messrs. Jamie Murillo and
Gregg Ramirez throughout the course of the review and looks forward to receiving
Newport Beach's adopted housing element. Their dedication to the housing element
update process was instrumental in creating a valuable tool to address the community's
housing and community development objectives. We wish Newport Beach success in
implementing its housing element and look forward to following its progress through the
General Plan annual progress reports pursuant to Government Code Section 65400. If
the Department can provide assistance in implementing the housing element, please
contact Melinda Coy, of our staff, at (916) 445 -5307.
Sincerely,
Glen A. Campora
Assistant Deputy Director
Attachment No. PC 4
Zoning Code Section 20.30.060C.3
20.30.060 C.3. (Required Findings for an increase in height)
3. Required Findings. The review authority may adopt a Planned Community
District, adopt a specific plan, or approve a planned development permit or site
development review to allow an increase in the height of a structure above the
base height only after first making all of the following findings in addition to the
findings required for the discretionary permit application:
a. The project applicant is providing additional project amenities beyond
those that are otherwise required. Examples of project amenities include, but
are not limited to:
Additional landscaped open space;
ii. Increased setback and open areas;
iii. Enhancement and protection of public views; and
b. The architectural design of the project provides visual interest through the
use of light and shadow, recessed planes, vertical elements, and varied roof
planes;
c. The increased height will not result in undesirable or abrupt scale
changes or relationships being created between the proposed structure(s) and
existing adjacent developments or public spaces. Where appropriate, the
proposed structure(s) provides a gradual transition to taller or shorter
structures on abutting properties; and
d. The structure will have no more floor area than could have been achieved
without the approval of the height increase.
Correspondence
Item No. 2a
Newport Place Affordable Housing Amendment
PA2011 -215
Memorandum
To: Planning Commission
CC: File PA2011 -215
From: James Campbell, Principal Planner
Date: 04/16/2012
Re: Planning Commission Agenda Item No. 2 - April 19, 2012
Newport Place Affordable Housing Amendment - (PA2011 -215)
Due to a desire to devote as much time as possible to the Newport Banning
Ranch application, Chairman Toerge requests that the Newport Place
Affordable Housing Amendment be postponed to May 17, 2012. This will
require a motion to continue the item at the meeting. If you have any
questions, please contact Kimberly Brandt at 949 - 644 -3226 or myself at 949-
644 -3210.
1
Correspondence
Item No. 2b
Newport Place Affordable Ho .sing Amendment
PA20011 -215 lJ L, Amendment A. Au LT
ATTORNEY AT LAW
SEVEN CORPORATE PLAZA
NEWPORT BEACH. CA 92660
TELEPHONE: (949) 719 -721 2'
FACSIMILE: (949) 719-7210
April 18, 2012
Ms. Kimberly Brandt
Director of Community Development Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach. California 92658 -8915
COMMUWry
APR 10 2012
�DEVELCPMENT G,A
Vin Courier and Fed E.v
RE: Proposed Residential Development at the Koll Center and Planning
Commission Meeting Scheduled for April 19, 2012
Dear Ms. Brandt:
My client; OCRC Capital Corporation ("OCRC"), owns a building, located at
4910 Birch St. within the Koll Center office park. OCRC likewise owns easements for
parking, access and. property rights to enforce development standards under the recorded
documents showing property ownership, recorded covenants, conditions and restrictions
( "CC &Rs "). This correspondence shall serve as our opposition and objection to the
Proposed Residential Development at the Koll Center which is scheduled to be voted on
during the Planning Commissions, April 19, 2012, regular meeting.
We have been informed by other property owners within the office park, of the
Koll Company's proposed residential development. We understand that the City has a
duty to insure that it has properly noticed all of the relevant property owners regarding
this proposal and that all of the property owners are in agreement or, at the very least, are
included in the development at this office park. To date, we have not received notice
from the City of Newport Beach (the "City ") or the Koll Company regarding its proposal
to integrate the existing master planned business park with a massive residential
development.
In addition, as the City is well aware, there are deficiencies in Koll's application
for a Planned Community Text Amendment and Environmental Impact Report, which
documents have been provided to the City. Our opposition is also based on the fact that
the Koll Company has failed to obtain the required consent from Koll Center property
owners and has failed to make any attempt to comply, as required, with the CC &Rs.
Finally, neither the Koll Company, nor the City has contemplated or evaluated the
Ms. Kimberly Brandt
Director, Community Development Department
April 18, 2012
Page -2-
negative impact, impairment of property values and the denial of my client's rights as a
landowner in the city of Newport Beach.
Therefore, regardless of City Code requirements, and in an effort to protect our
client's property rights, we request that Planned Community Amendment scheduled to be
voted on during the April 19, 2012 Planning Commission Regular Meeting; be rejected
until the issues surrounding Koll's application, the Environmental Impact Report and
Koll's failure to properly notify and comply with the relevant CC &Rs are satisfactorily
and properly resolved.
Very truly yours,
/�" C- t� �
Marisa D. Poulos
Associate Counsel
Cc: Greg,Werage
John Conchs
Igor Olenicofj
S. Jacobjl