HomeMy WebLinkAbout2010-15 - Approving Code Amendment No. CA2010-006 to Revise Districting Map No. 4 to Apply the Interim Study (IS) Overlay District to Property at 3388 Via Lido and Approving a Study Plan to Allow a Mixed-Use Project (PA 2008-081)ORDINANCE NO. 2010-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING CODE AMENDMENT NO.
CA2010-006 TO REVISE DISTRICTING MAP NO. 4 TO APPLY
THE INTERIM STUDY (IS) OVERLAY DISTRICT TO PROPERTY
AT 3388 VIA LIDO AND APPROVING A STUDY PLAN TO
ALLOW A MIXED-USE PROJECT (PA 2010-081)
WHEREAS, an application was filed by Marshall Property & Development,
representing Bayfront Holdings, L.P., the prospective owner of property located at 3388
Via Lido, and legally described as Parcel 1, as shown on a map filed in Book 60, Page 43
of parcel maps, in the office of the County Recorder of the County of Orange requesting
approval of a code amendment; and
WHEREAS, application consists of a code amendment to apply the Interim Study
(IS) Overlay Zoning designation to the subject property and approval of a study plan to
allow the renovation of an existing 5 -story office building for a mixed-use project
consisting of two floors of commercial office use and two residential dwelling units
located on the upper three floors; and
WHEREAS, the subject property is designated Mixed -Use Water Related 2 (MU -
W2) by the Land Use Element of the General Plan, which allows the vertical mix of office
and residential uses proposed by the project; and
WHEREAS, the zoning classification of the subject property is Retail and Service
Commercial, which does not permit mixed-use residential; and
WHEREAS, as part of the General Plan Implementation Program, the City
Council adopted Resolution No. 2007-3, which initiated the interim development review
process to provide a mechanism for projects that are in accordance with the General
Plan but inconsistent with the current zoning regulations; and
WHEREAS, on July 22, 2010, the Planning Commission conducted a public
hearing 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; and
WHEREAS, at the July 22, 2010, public hearing, the Planning Commission
received public comments and unanimously (7 ayes) recommended approval of the
proposed Code Amendment; and
WHEREAS, the project is categorically exempt from CEQA under Section 15301,
of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing
Facilities) in that it can be seen with certainty that the project will not have a significant
effect on the environment. The proposed project consists of the interior and exterior
renovation of an existing building in which the upper floors of the existing office space
will be converted into residential units per the General Plan land use designation. The
overall square footage for the project will be reduced in order to allow for new balconies
and open space on the upper floors. However, the project does include the addition of
square footage for residential garages at the ground floor. The new square footage and
the proposed work are within the limits established by the Class 1 CEQA exemption;
and
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges.
As project applicants are the primary beneficiaries of such approvals, it is appropriate
that such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger; and
WHEREAS, the City Council conducted a public hearing on August 10, 2010, in the
City Hall Councils Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to, and considered by, the
City Council at this meeting; and
WHEREAS, the Study plan provided establishes development regulations to
create Zoning Code consistency with the General Plan and is consistent with the
provisions of Resolution No. 2007-003 and Chapter 20.53 of the Newport Beach
Municipal Code.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Districting Map No. 4 shall be amended as provided in Exhibit B, which is
incorporated by reference herein.
SECTION 2: The Study Plan is approved as provided in Exhibit A, which is incorporated
by reference herein.
SECTION 3: This action shall become null and void and the RSC -IS District designation
for the subject property will be eliminated upon the adoption of the comprehensive Zoning
Code update.
SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is,
for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the 10th day of August 2010, and adopted on the 14th day
of September 2010, by the following vote, to wit:
AYES, COUNCIL MEMBERS Selich, Rosanskv, Henn, Webb,
Gardner, Daigle, Mayor Curry
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
ATTE T:
�a Q- �
CITY CLERK
APPROVED AS TO FORM:
David R. Hunt, City Attorney
For the City of Newport Beach
VJ�
MAYOR
Exhibit "A"
CODE AMENDMENT NO. CA2010-006
STUDY PLAN FOR 3388 VIA LIDO
EXHIBIT - A
Study Plan
3388 Via Lido
Newport Beach, CA
Proiect Description and Justification
Existing building condition and use
Originally constructed in 1961 for use of the Newport Balboa Savings Bank, the property is
located adjacent to Newport Bay in Lido Village. The existing building is a nonconforming
structure for height, which affords the structure non-obstructed views across Newport Bay and
the harbor areas. The existing structure is a total of 21,483 gross square feet on a total site area
of 14,128 square feet. Parking for the existing building is currently provided on-site and off-site
at a parcel located on 500 32"d street where thirty-eight (38) stalls are located.
The existing structure on-site was constructed under Use Permit No. UP544 for the use of The
Newport Balboa Savings Banks & Loan. One hundred percent of the existing structure is
currently used for commercial office space. The current condition of the building is functionally
obsolete mostly in part due to the lack of maintenance and age. Aside from certain floors which
have minor cosmetic upgrades (paint, carpet, etc.), the majority of the building is not habitable.
Based on the age of the building, certain ADA, Building, and Fire codes are not currently in
compliance. Historically, the office space has struggled to compete with more business park
type environments, which have higher parking ratios in comparison to that associated with the
subject property. The absence of any recent improvements would suggest that the building is in
need of a complete renovation, including all new building systems.
Proposed Project
Marshall Property & Development on behalf of Bayfront Holdings, L.P. ("Buyer") proposes to
renovate the existing structure at 3388 Via Lido into a mixed-use project that incorporates both
residential and commercial uses consistent with the current General Plan. The upper three (3)
floors will consist of two residential units while the first and second floors will remain
office/retail. Nine (9) on-site parking spaces will be provided for the commercial tenants and
one single -car garage and two, two -car parking garages will be constructed on-site. The two,
two -car garages will be provided to meet the covered parking requirements in accordance with
Chapter 20.66 of the City Newport Beach Zoning Code. The proposed renovation will reduce the
square footage of the existing building by 2,240 square feet to 19,243 square feet and will not
3388 Via Lido Interim Study Plan
Date
Page 2
increase the maximum height of the building which is currently sixty (60') feet. The existing
concrete structure will remain intact.
The proposed project will improve the physical aesthetics of the site by undergoing a complete
renovation. Proposed improvements include a new exterior glazing system, new exterior
finishes on the sheer walls, renovating the exposed exterior stair, construction of two new
lobbies serving both residential and office uses, and new signage. In addition to the physical
improvements listed above, the current HVAC units located throughout the existing rooftop
areas of the building will be replaced with a more efficient and smaller unit, which will be
screened
On-site parking will be reconfigured, improving site access and drive aisles. The number of on-
site uncovered stalls will decrease from nineteen (19) to nine (9) parking spaces, which would
reduce the amount of congested traffic. Finally, new landscaping will be planted, making the
project more pedestrian friendly and aesthetically appealing.
General Plan and Coastal Land Use Plan Consistency
The relevant General Plan and Coastal Land Use Plan Goals and Policies are addressed in
Appendix A and B to the Study Plan. The proposed project was found to be consistent with all of
these goals and policies.
Zoning
While the current Zoning of the property is Retail Service Commercial (RSC), the draft Zoning
Code designates this property as Mixed -Use Water Related (MU -W2). The intent of this project
and the study plan is to comply with the proposed draft Zoning Code development standards.
Since the adoption of draft Zoning Code development standards to implement the General Plan
have not been finalized, the City of Newport Beach has implemented the Interim Study Overlay
procedure to allow property owner's to move forward with projects that are consistent with
the General Plan land use designation. The permitted uses and development standards
established for the subject property are listed below.
Permitted Uses
All uses as may be adopted by the City Council in accordance with the Mixed -Use Water Related
2 land use designation of the proposed General Plan.
3388 Via Lido Interim Study Plan
Date
Page 3
Zoning Code Development Standards
Lot Dimensions
Lot Area: 2,500 sq ft
Lot Width: 25 ft
Density
Maximum: 2,167 sq ft of lot area/unit
FAR
Mixed-use total FAR: 1.5
Residential FAR: 0.8
Commercial FAR: 0.7
Setbacks
Front (adjacent to Via Lido): 4 ft (utilities easement)
Sides: 0 ft
Rear (adjacent to Newport Bay), commercial: 0 ft
Rear (adjacent to Newport Bay), residential: 0 feet
Open Space
Private Open Space: 5 percent of the gross floor area/dwelling unit
Height
New Structures: 26 ft
Alterations to the Existing 5 -story Structure: Maximum height of 60 ft from ground level
per Use Permit No. 544
Fencing:
Per Section 20.60.030.A (Fences, Hedges, Walls, and Retaining Walls) of the Zoning Code
Landscaping
Per Chapter 20.36 (Landscaping Standards) of the draft Zoning Code
Per Water Efficient Landscape Ordinance, Chapter 14.17 of the Municipal Code
Lighting
Per.Section 20.30.070 (Outdoor Lighting) of the draft Zoning Code
3388 Via Lido Interim Study Plan
Date
r Page 4
Mechanical Equipment
Roof mounted mechanical equipment, totaling not more than 30 percent of the total
roof area, including required screening devices, shall be allowed to exceed the
maximum height limit by up to 5 feet. [Per Section 20.30.050.D.11.a (Mechanical
Equipment, nonresidential Districts) of the draft Zoning Code]
Outdoor storage/display
Per Chapter 20.60.105 (Outdoor Storage and Display) of the Zoning Code
Parking
Commercial office: 1/250 sq ft of net floor area
Medical office: 1/200 sq ft of gross floor area
Retail: 1/250 sq ft of gross floor area
Eating and Drinking Establishments: by use permit
Residential units: 2 enclosed garage spaces per dwelling unit
All other uses: per Chapter 20.66 of the Zoning Code
SatelliteAntennae
Per Chapter 20.61 (Amateur Radio and Satellite Dish Antennas) of the Zoning Code
Signs
Per Chapter 20.67 of the Zoning Code or an approved sign program for the subject
property
Telecommunications Equipment
Per Chapter 15.7 (Wireless Telecommunication Facilities) of the Municipal Code
Planning Department Reauirements
1. Due to the new ownership of the building and the revised number of parking spaces
provided on the off-site lot, a new off-site parking agreement, proved as to form the
City Attorney's Office, shall be recorded prior to the issuance of final building permits.
2. The vacant bank teller building shall be demolished and overgrown trees that encroach
into;the public right-of-way on the off-site parking lot located at 500 32nd Street shall be
removed.
3. The off-site parking lot at 500 32nd Street shall be restriped, subject to the approval of
the City of Newport Beach Traffic Engineer.
3388 Via Lido Interim Study Plan
Date
- Page 5
4. A minimum of 38 parking spaces shall be provided on and off-site at 3388 Via Lido and
.50032 nd Street.
5. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for two new
dwelling units in accordance with Chapter 15.38 of the Newport Beach Municipal Code.
The applicant shall be credited for the reduction in commercial square footage and the
remaining balance shall be charged or credited to the applicant.
6. In the event a parcel map or tract map is filed for purposes of providing condominium units
on the subject property, in -lieu housing fees shall be paid for two new dwelling units prior
to the issuance of a description change building permit in accordance with Chapter 19.54
of the Newport Beach Municipal Code.
7. The development shall be in substantial conformance with the approved project plans
stamped and dated July 16, 2010. (Except as modified by applicable conditions of
approval.)
8. The applicant shall provide permeable hardscape and softscape materials in the parking
areas at the front of the building along Via Lido.
9. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless
City; its City Council, its boards and commissions, officials, officers, employees, and agents
from, and against any and all claims, demands, obligations, damages, actions, causes of
action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including
without limitation, attorney's fees, disbursements and court costs) of every kind and
nature whatsoever which may arise from or in any manner relate (directly or indirectly) to
City's approval of the Via Lido Interim Study Overlay including, but not limited to, Code
Amendment No. CA2010-006 (PA2010-081) and the accompanying Study Plan. This
indemnification shall include, but not be limited to, damages awarded against the City, if
any,; costs of suit, attorneys' fees, and other expenses incurred in connection with such
claim, action, causes of action, suit or proceeding whether incurred by applicant, City,
and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the
City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the
indemnification provisions set forth in this condition. The applicant shall pay to the City
upon demand any amount owed to the City pursuant to the indemnification requirements
prescribed in this condition.
Building Department Requirements
zh
1. The change of occupancy shall require the building to comply with the current Building
Code.
3388 Via Lido Interim Study Plan
Date
Page 6
Fire Department Requirements
1. Automatic fire sprinklers shall be required throughout the building. The sprinkler system
shall be monitored by a UL certified alarm service company.
— 2. A Wet Class I standpipe combined with the fire sprinkler system are required in both
stairwells.
3. The main elevator shall be gurney -accommodating in accordance with Article 30 of the
California Building Code (2001 edition).
4. A manual fire alarm system shall be required if the occupant load of building exceeds
100 persons above the first floor.
5. A fire hydrant shall be required within 150 feet on the same side of the street as the Fire
Department connection for the fire sprinkler system.
Public Works Requirements
1. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
2. All existing drainage facilities shall be retrofitted to comply with the City's on-site non -
storm runoff retention requirements.
3. An encroachment permit is required for all work activities within the public right-of-way.
4. All improvements shall comply with the City's sight distance requirement. See City
Standard 110-L.
5. In case of damage done to public improvements surrounding the development site by
the private construction, additional reconstruction within the public right-of-way could
be required at the discretion of the Public Works Inspector.
6. No permanent structures may be constructed within the existing 4 -foot wide utility
easement along the Via Lido property frontage.
7. The westerly driveway along Via Lido shall be reconstructed to align with the on-site
drive aisles.
8. All on -street parking spaces fronting the project site shall be maintained.
:uric a.,
3388 Via Lido Interim Study Plan
Date
Page 7
9. The parking and circulation shall be subject to further review by the City Traffic
Engineer. The parking layout and vehicular circulation shall comply with .City Standard
Std -805 -L-A and STD -805 -L -B.
10. Trash enclosures shall not impact adjacent parking stalls or drive aisles.
11. No above ground obstructions are permitted within the drive aisles (i.e. bollards, steps,
etc.).
Attachments
Appendix A General Plan Goal and Policy Consistency Analysis
Appendix B Coastal Land Use Program Policy Consistency Analysis
Appendix A: 3388 Via Lido Interim Study Overlay: GeneralPlan Consistency Analysis
General Plan Goal or Policy
Consistency Analysis
LU 3.3 "Provide opportunities for improved development and
enhanced environments for residents in the following
districts and corridors". Specifying that "more efficient
patterns of use that consolidate the Peninsula's visitor-
serving and mixed uses within the core commercial
districts; encourage marine -related uses especially along
the bay front; integrate residential with retail and visitor-
serving uses in Lido Village".
The proposed re -development is consistent with land use policy identified
in LU3.3. The current state of the building is extremely poor. Due to a lack
of maintenance, as well as the age, the building is not suitable for
attracting businesses or visitors. Both the exterior and the interior
conditions are viewed as an "eye sore" to an otherwise attractive
community. Although an advanced architectural design at its conception in
1960, the building fails to meet the current use and design standards that
the General Plan has set forth.
LU 5.3.1 "Require that mixed-use buildings be designed to convey
The proposed re -development is consistent with land use policy identified
a high level of architectural and landscape quality and
in LU5.3.1 The proposed project will incorporate a much more fluid and
ensure compatibility among their uses in consideration of
modulated structure with a flat roof line with a mechanical roof screen
the following principles:
that will seemingly go unnoticed. The architectural design reimages and
improves all of the exterior elevations including the ground floor and
-Design and incorporation of building materials and
parking areas. The renovation will include a new floor to ceiling custom
features to avoid conflicts among uses, such as noise,
glazing system, which will allow a view to the bay, and a horizontal gapped
vibration, lighting, odors, and similar impacts
glazing system that will decrease the exposure of the sun allowing more
-Visual and physical integration of residential and
efficient energy use. This system will be applied to the two bottom floors
nonresidential uses
of the commercial element of the building. The ground floor will consist of
-Architectural treatment of building elevations and
two points of access (residential and commercial) each with their own
modulation of their massing
elevator. The residential entrance will also act as the access point for the
-Separate and well-defined entries for residential units
private marina. The landscape will be replanted to improve the aesthetic
and nonresidential businesses
quality of the property and new garage structures will be constructed on-
-Design of parking areas and facilities for architectural
site for each of the residential units.
consistency and integration among uses
-Incorporation of extensive landscape appropriate to its
location; urbanized streetscapes, for example, would
require less landscape along the street frontage but
integrate landscape into interior courtyards and common
open spaces "
LU 5.3.3
"Require that properties developed with a mix of
The proposed re-development is consistent with land use policy identified
residential and nonresidential uses be designed to achieve
in LU3.3.3. The proposed project will design the conversion of the upper
high levels of architectural quality in accordance with
floors for residential use so that parking, landscaping, and pedestrian
policies LU 5.1.9 and LU 5.2.1 and planned to ensure
circulation work effectively between the commercial and residential uses.
compatibility among the uses and provide adequate
The proposed project provides separate points of access including a lobby
circulation and parking. Residential uses should be
and elevator shaft for commercial and residential units. The applicant has
Goal LU6.9
"A pedestrian-oriented village environment that reflects
The proposed re-development is consistent with land use goal identified in
its waterfront location, providing a mix of uses that serves
LU6.9. The project improves the functionality of uses on the subject
visitors and local residents."
property and providing separate pedestrian access for each use, the
exterior renovations will update the aesthetics of the subject property, and
the dock area will be redeveloped for the active use of residents of the
subject property, thereby reconnecting the existing building to the
adjacent waterway.
LU 6.9.1
Encourage uses that take advantage of Lido Village's
The proposed re-development is consistent with land use policy identified
location at the Harbor's turning basin, including" among
in LU 6.9.1. The uses will share a common ingress, egress, and parking
other uses "mixed-use buildings that integrate residential
circulation area on the subject property. Residential uses will be provided
with retail uses areas designated as "MU-W2", Sub-Area
with a two-car parking garage for each dwelling unit and the commercial
"A"
uses will be provided with several surface parking spaces on-site and
additional surface parking off-site at 500 32nd Street.
LU6.9.2
"Discourage the development of new office uses on the
The proposed re-development is consistent with land use policy identified
ground floor of buildings that do not attract customer
in LU 6.9.1. The commercial floors at the ground level and second level
activity to improve the area's pedestrian character."
provide an opportunity for retail or office tenant spaces. Both retail and
office uses are permitted within the existing land use and zoning
designations for the subject property. The current project proposes office
uses because the existing use is office and this use may provide the best
opportunity for the property owner to obtain a committed tenant within
the new building. However, the applicant is open to opportunities for the
incorporation of retail uses on the ground level.
LU6.8.6 "Preserve the historic character of Balboa Peninsula's
districts by offering incentives for the preservation of
historic buildings and requiring new development to be
compatible with the scale, mass, and materials of existing
structures, while allowing opportunities for architectural
diversity."
The proposed re -development is consistent with land use policy identifi
in LU 6.8.6. Although an advanced architectural design at its conception
1960, the building has been altered significantly from its original desi
and the condition of the structure has deteriorated due to a lack
maintenance, as well as age. As a result, the building is no longer suitai
for attracting commercial businesses or visitors and much of the buildi
has remained vacant in recent years. Both the exterior and the interi
conditions are viewed as an "eye sore" to an otherwise attracti
community.
Apppendix B: 3388 Via Lido Interim Study Overlay: Coastal Land Use Consistency Analysis
Loasrai Lana use rian aoai or roucy Lonsisiency Anarysis
CL UP 2.1.4-8 "For bay fronting properties, require that development on the There is no direct access on the subject property from the street
Bayfrontage implement amenities that assure access for side along Via Lido to the waterside along Newport Harbor. The
coastal visitors including the development of a public existing 5 -story building currently encroaches into the required 10
pedestrian promenade along the bayfront." foot bulkhead setback up to the property line. Coastal access is
maintained to the dock area via a boardwalk that runs adjacent to
the waterside property line and bulkhead. The adjacent property
to the south (3366 Via Lido) is required to provide a 6 -foot wide
pedestrian walkway to allow access to the boardwalk area from
Via Lido.
Resubdivision No. 433 required the recordation of a 6 -foot wide
pedestrian access easement across the northeast corner of 3366
Via Lido to allow pedestrians to access the public boardwalk area
From the interior of the subject property at the southeast corner
Df the existing building.
The proposed project will re -position the adjacent docks in
Newport Harbor and provide for a 128 -foot yacht in conjunction
with the upper residential unit. The applicant has applied
separately through the Harbor Resources Department for
approval of this portion of the project. The reconfiguration of the
docks will maintain the existing public access to the boardwalk
adjoining the docks.
CL UP 2.1.5-1
CL UP 2.1.5-2
"For bay fronting properties that are designated as MU -W,
marine related uses may be intermixed with buildings that
provide residential on the upper floors. Permitted uses include
those permitted by the CM, CV, and MU -V categories. In the
MU -W designation, freestanding and ground floor residential
shall not be permitted in Lido Marina Village, Cannery Village,
McFadden Square, and Balboa Island."
"Encourage uses that take advantage of Lido Village's location
at the Harbor's turning basin and its vitality and pedestrian
character, including visitor -serving and retail commercial,
small lodging facilities (bed and breakfasts, inns), and mixed-
use buildings that integrate residential above the ground floor
with retail uses."
ie new residential uses will be located above the second floor,
insistent with the uses specified by Coastal Land Use Policy 2.1.5
through 2.1.5-5. The project proposes general office uses which
e permitted under the General Plan land use designation, Local
)astal Program Coastal Land Use Plan, and the current and draft
ming District designations.
Local Coastal Program describes Lido Marina Village as an
where retail sales have suffered; the area "has experienced a
number of building vacancies and many retail stores are
rperforming. Parking is limited. Multiple property ownerships
traditionally inhibited cohesive and integrated
lopment."
The Local Coastal Program also accounts for the low retail sales in
the area, "The lower percentage of retail spending by visitors in
Lido -Cannery is due primarily to the presence of two large grocery
stores that serve West Newport, Lido Isle, and the Balboa
Peninsula and constitute over half of the retail sales." 2-30
mix of uses proposed under the current application will
vide opportunities for a new retail base and revitalization of
Lido Village community. As stated previously, the applicant is
n to the possibility of incorporating retail or office uses into
commercial tenant spaces on the lower two floors.
CL UP 2.1.5-3 "Discourage the development of new office uses on the
The current project proposes office uses because the existing use
ground floor of buildings in Lido Village that do not attract
is office and this use may provide the best opportunity for the
customer activity to improve the area's pedestrian character."
property owner to obtain a committed tenant within the new
building. However, the applicant is open to opportunities for the
incorporation of retail uses on the ground level.
CL UP 2.1.5-0 In Lido Marina Village (designated as MU -W), marine -related
The current project proposes office uses because the existing use
uses maybe intermixed with buildings that provide residential
is office and this use may provide the best opportunity for the
on the upper floors. Permitted uses include those permitted
property owner to obtain a committed tenant within the new
by the CM, CV, and MU -V categories. Free-standing
building. However, the applicant is open to opportunities for the
residential shall not be permitted.
incorporation of retail uses on the ground level.
Exhibit "B"
CODE AMENDMENT NO. CA2010-006
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6vvemmentol, Educmionvl, and lmlRuilDml Pociliii, GETF) to Retail and
seevice Cammerclal(R5C) -11125n003 -
ORO. 2000-22 Balboa Sign Overby - All signs In coinnwaclal dlsfrla, on the Balboa
Peninsula shall be subject to the regulafiww cantalned in the Balboa sign
Orerlay - 11 - 14 - 2000
ORD. 2005-17 Adopt a new Chepter 20.57 pertainhg to regulation of signs an
citywide basin This ardlnonce r.mw„ the. Balboa Sign Overlay
(ORD. 2000-22)fr. this OhIricti, Map. 9-27-2005
MAP NO.®
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2010-15 was duly and regularly introduced on the 10th day of August, 2010,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 14th day of September, 2010, and that the same was so passed and adopted by the
following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of September, 2010.
(Seal)
Ail
City Clerk
F cmn City of Newport Beach, California
U D
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2010-15 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following dates:
Introduced Ordinance: August 14, 2010
Adopted Ordinance: September 18, 2010
In witness whereof, I have hereunto subscribed my name this M' `day of v v�
2010. j
g� 10ff t
City Clerk PPP
City of Newport Beach, California