HomeMy WebLinkAboutUse Classification Determination -500 Superior AveCITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 1
December 5, 2002
TO: PLANNING COMMISSION
FROM: Planning Department
Patricia Temple, 949 - 644 -3228, ptemple @city.newport- beach.ca.us
SUBJECT: Use Classification Determination for 500 Superior Avenue (Newport
Technology Center)
ISSUE:
Is the Industry, Research and Development use classification applicable to an
architectural use?
Concur with staffs opinion that an architectural use falls within the Industry, Research
and Development use classification.
BACKGROUND:
On February 27, 2001, the City Council sustained the action of the Planning
Commission approving the Newport Technology Center. This project was approved
utilizing the original Traffic Study for Hughes Aircraft, which studied the traffic impacts of
an expansion to an existing industrial facility. Because of the assumptions in this study,
the Newport Technology Center was required to be occupied by industrial and research
and development businesses as defined by the Zoning Code. The Industrial, Research
and Development use classification defines the uses as follows:
"Establishments primarily engaged in the research, development and
controlled production of high technology electronic, industrial, or scientific
products or commodoties for sale, but prohibits uses that my be
objectionable in the opinion of the Planning Director, by reason of
production of offensive odor, dust, noise, vibration, or storage of
hazardous materials. Uses include biotechnology, films, and non -toxic
component maufacturers.°
500 Superior Avenue (Newport Technology Center)
December 5, 2002
Page 2
DISCUSSION:
In assessing the consistency of the proposed architectural use with the Industry,
Reseach and Development use classification, staff considered the following
characteristics of the use:
• The floor plan depicts defined areas for design, development and production of
plans, does not include private offices for individuals, and includes a fabrication
area for models (similar to protoypes).
• The business produces a product for sale related to an industrial -type activity
(the construction of buildings).
• The business is operationally similar to other uses which would be clearly
consistent, such as computer software development.
The principal question remaining in staffs mind is the focus of the use classification on
high technology, and the fact that architectural firms are specifically mentioned in the
use classification for Business and Professional Offices. However, on balance, staff is of
the opinion that the architectural use proposed falls within Industry, Research and
Development. There is nothing in the Code which limits a particular use from falling into
more than one use classification. Additionally, given the fact that focus of the use
limitation was on the traffic consequences of the project, architectural uses tend to
function more like other research and development businesses, which tend not to have
customers or other types of visitors come to its location, like legal, medical and
governmental uses do.
ALTERNATIVE: The Planning Commission could determine that the use falls within the
use classification for Business and Professional Offices only. If this determination is
made, the use could be permitted only after preparation, review and approval of a new
Traffic Study for office use of the property.
ENVIRONMENTAL REVIEW: This action is not defined as a project pursuant to the
California Environmental Quality Act, because determinations for conformity with
statutes, ordinances or regulations is not considered discretionary (Section 15357).
PUBLIC NOTICE: Formal notice is not required for discussion items. The agenda was
posted on Wednesday, November 27, 2002 at City Hall, and on the City's web site.
Prepared and submitted by:
&M 60- C1K,
Patricia L. Temple, Pla ning Director
Attachment: Floor Plan
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