HomeMy WebLinkAbout2012-14 - Adopting the Newport Place Planned Community Development Plan Amendment Authorizing Residential Development That Incorporates Affordable Housing (PA2011-215)ORDINANCE NO. 2012 -14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING THE NEWPORT PLACE
PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT
AUTHORIZING RESIDENTIAL DEVELOPMENT THAT
INCORPORATES AFFORDABLE HOUSING (PA2011 -215).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. 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 further determined that Housing Element Programs HP
3.2.2 and HP 3.2.3 are necessary to facilitate affordable residential development in the
Airport Area.
3. The 2008 -2014 Housing Element update, which included 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 HP 3.2.2 requires the City to implement 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 HP 3.2.3 requires the City to amend the Newport Place
Planned Community Development Plan (PC -11) 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 proposed Amendment to PC -11 implements Housing Programs HP 3.2.2 and HP
3.2.3 and provides provisions and review to ensure that the policies of the General Plan
are implemented appropriately.
7. The 145 -acre area of land regulated by PC -11 is located within the Airport Area and is
generally bounded by MacArthur Boulevard, Jamboree Road, Birch Street, and Bristol
Street North and the subject property is not located within the coastal zone.
City Council Ordinance No.
Paoe 2 of 4
8. A public hearing was held on June 7, 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.
9. At the June 7, 2012, Planning Commission hearing, by a majority vote, the Planning
Commission recommended City Council adoption of the Amendment to PC -11
authorizing residential development that incorporates affordable housing.
10. PC -11 is located within the Airport Environs Land Use Plan ( AELUP) Airport Planning
Area and the Amendment requires review by the Orange County Airport Land Use
Commission (ALUC) for a determination of consistency with the AELUP prior to adoption
by the City. The ALUC reviewed the Amendment on June 21, 2012, and found it
consistent with the AELUP for John Wayne Airport and the AELUP for Heliports.
11. A public hearing was held by the City Council on July 10, 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 City Council 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. Subsequent environmental review for the project is
not required to be prepared pursuant to CEQA Guidelines Section 15162 because the proposed
amendment to PC- 11 implements Housing Programs HP3.2.2 and 3.2.3, and does not
constitute a substantial change that would involve new significant environmental effects or result
in the adoption of mitigation measures. Any future development that may occur pursuant to the
proposed amendment would be subject to further site - specific environmental evaluations at the
time such development is proposed.
SECTION 4. DECISION.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
1. The City Council of the City of Newport Beach hereby adopts the Newport Place Planned
Community Development Plan Amendment No. PD2011 -005, as provided in Exhibit "A"
of this ordinance, which is attached hereto and incorporated by reference.
City Council Ordinance No.
Paae 3 of 4
2. 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 anyone or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional.
3. This action shall become final and effective thirty days after the adoption of this
Ordinance.
4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.
This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 10th day of July, 2012, and adopted on 2r day of July 2012, by the
following vote, to wit:
AYES, COUNCIL MEMBERSHenn, Rosansky, Hill, Daigle, selich,
Gardner, Curry
NOES, COUNCIL MEMBERS None
ABSENT, COUNCIL MEMBERSNone
MAY I
Nancy Gard r j
ATTnE� eS
Leilani Brown, City Clerk
APPROVED AS TO FORM, cq\
C F CITY ATTORNEY:
Aaron Harp, City Attor y
for the City of Newport Beach
City Council Ordinance No.
Page 4 of 4
EXHIBIT " A
Revised Newport Place Planned Community Development Plan
PLANNED COMMUNITY DEVELOPMENT STANDARDS
NEWPORT PLACE
Emkay Development Company, Inc.
Newport Beach, California
0
CONTENTS
General Notes
7
Definitions
8
Statistical Analysis
10 -23
PART I - INDUSTRIAL
Section I Minimwn Site Area
23
Section II Pennitted Uses
23
Group 1. Light Industrial
23
A
23
B
24
C
25
Group U. Medium Industrial and Industrial
Service and Support Facilities
25
A
25
B
26
C
27
D
28
Section III General Development Standards for Industry
28
A. Building Height
28
B. Setbacks
29
C. Site Coverage
29
D. Sign Area
29
E. Sign Standards
31
F. Parking
31
G. Landscaping
32
H. Loading Areas
33
I. Storage Areas
33
J. Refuse Collection Areas
34
K. Telephone and Electrical Services
34
L. Sidewalks
34
M. Nuisances
34
2
2L)
[fi;� l 0613 0"USIM.
Section I Minimum Site Area
Section II Permitted
Uses
Group 1. Professional and Business Offices
A.
Professional Offices
B.
Business Offices
C.
Support Commercial
Group 11.
Commercial Uses
A.
Automobile Center
B.
Hotels and Motels
C.
City, County, and State Facilities
D.
Service Stations, Car Wash
E.
Retail Commercial Uses
F.
General Commercial
Section III General Development Standards for
Commerce
A.
Setbacks
B.
Signs
C.
Sign Standards
D.
Parking
E.
Landscaping
F.
Loading Areas
G.
Storage Areas
H.
Refuse Collection Areas
1.
Telephone & Electrical Services
J.
Pedestrian Access
PART III — RESIDENTIAL OVERLAY
Section I
Minimum Site Area
Section [I
Density
Section III
Definitions
Section IV
Permitted Residential Uses
Section V
General Development Standards for
Residential
A. Building Height
c�
c�
35
35
36
36
37
37
37
37
38
15
39
40
41
42
44
45
45
45
46
46
46
46
46
46
47
48
48
3
2i
B. Floor Area Limit
C. Setbacks
D. Airport Noise Compatibili:;
E. Signs
F. Amenities and Neighborhood Integration
G. Parking
H. Landscape
FOOTNOTES
ATTACHED EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Land Use [1,5,8, 37]
Grading & Roads [1 ]
Storm Drain [1]
Sewer & Water[1]
Topography [I ]
Traffic Analysis [1]
48
48
49
49
49
50
50
51 -57
Planned Community Development Standards for Newport Place
Ordinance No. 1369 adopted by the City of Newport Beach
December 21, 1970
Amendment No. l 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 11, 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)
F
12
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)
5
is
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 Community Text revisions Ordinance No. 2012 -14 (PD 2011- 2005),
adopted July 24, 2012.
24
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 commercial 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 traffic analysis. This area was also
identified in the 2006 General Plan as a key area for future housing opportunities. [38]
2. Water within the Planned Community area will be furnished by the City of Newport
Beach.
3. Sewerage Disposal facilities within the Planned Cortununity 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 Works.
5. 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]
215
DEFINITIONS
Advertisine 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, staffs and
sunscreens).
Public Safety Area:
A strip of land twenty (20) feet in width and running parallel with street rights -of -way
Rieht- o£ - -Wav Line:
When reference is made to right -of -way line it shall mean the tine 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 Comer 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.
Sion:
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 permit
WIN
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 from 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.
E
27
STATISTICAL ANALYSIS
PART 1. INDUSTRIAL*
A. Building Sites
Site IA 2.0 acres [3, 9]
Site 3A 21.3 acres [2.4] ...............23.3 acres [9, 35]
B. , Building Area
Site IA 34,130 sq. ft .................0.8 ac. [3, 9]
* *Site 3A 297,798 sq. ft ...............6.8 ac. [2, 4, 14, 33]
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. D 363 sq. ft/space)
Site IA 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.
** 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].
10
RE
STATISTICAL ANALYSIS
PART II. COM ERCIAUPROFESSIONAL & BUSINESS OFFICES
A. Building Site
Site 1 &2 ........38.5 acres[
Site 2A...........3.9
acres [3) 1]
Site 4 ..................9.0
acres
Site x ..................7.4
acres 2
Site 6 ..................1.9
acres
Site 7 ..................2.5
acres
Site 8 ..................1.64
acres
Site 9 .............16.9
acres [35]
81.74 acres [20, 35]
B. Building Area
Site l & 2 ......... 860,884 square feet [5, 14, 17, 301
Site 2A ............
109,200 square feet [31 ]
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 iVlix/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.
'Commercial/Professional and Business Office Site 1 and 2 have been reduced by 36,1 19 feet with
the reduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The
allowable building area for Parcel I & 2 of Resubdivision 585 is now 272,711 square feet. [ 14]
21f commercial uses are constructed on Conmrercial/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. ft. [21, 24, 25]
11
2j
Site t & 2 ................860,884 square feet [5, 14, 17, 301
a. Two Story...
b. Three Story.
C. Four Story..,
d. Five Story ...
e. Six Story .....
Site 2A............109
a. Two Story.........
b. Three Story .......
c. Four Story ........
d. Five Story .........
............. 8.42 acres
........... 5.61 acres
............ 4.21 acres
........... 3.37 acres
............ 2.81 acres
,200 square feet [31 ]
............1.25 acres
............0.84 acres
........... 0.63 acres
........... 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..
b. Three Story
c. Four Story..
d. Five Story..
e. Six Story.....
f Nine Story..
1.90 acres
1.27 acres
0.95 acres
0 76 acres
0.63 acres
0.50 acres
Site 6 .............. 42,420 square feet
a. Two Story ..........................0.49
acres
b. Three Story .......................
0.32 acres
c. 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
acres
d. Five Story ...........................0.26
acres
e. Six Story .... ..........................0.21
acres
12
20
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: 1 space /225 sq. ft. P, 363 sq. ft/space)
Site I & 2.....
3,827 cats.........
31.89 acres [5, 14, 30]
Site 2A .........
474 cars *.......
1.26 acres' [3 1]
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]
.84 acres ... 1.84 acres
8,388 cars
62.48 acresz [21,31, 32, 33, 35]
E. Landscaped - Open Space
Site l & 2 [5,14] Gross Site........ 38.5 acres
Parking ...........
27.17 acres
Net .................1
1.33 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 F311 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 ].
13
21
14
M
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 [2 1]
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
14
M
Net .................... .30 acres
Four Story ......................30 acres...... N/A [20]
Site 9 [35] Gross Site ...... Io.A 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 .........
132 acres.......
4.90 acres
Six Story ...........
1.1.0 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. I 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.
15
23
THIS PAGE IS INTENTIONALLY
BLANK
16
24
STATISTICAL ANALYSIS
PART If RETAIL COMMERCIAUPERMITTED USES - Part II, Section Il, Group Il.E
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 1 ...... 10,000 sq. ft. .22 acres
C. Parking (Criteria: 5 /spaces/ 1000 sq. ft.(a 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.
17
2,5
STATISTICAL ANALYSIS
PART II COMMERCIAURESTAURANTS
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 ..................... l .l 1 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 [371
D. Landscaped - Open Space
Site 1... 0.46 acres
0.46 acres ...................... 0.46 acres [5, 20, 37]
E. Building Height
Building height of structures shall be limited to a height of thirty -five (35) feet.
if]
20
STATISTICAL ANALYSIS
PART 11 COMMERCIAUHOTEL & MOTEL
A. Building Site [26,311
Site 1 - 6.35 acres
Site 2B - 3_7 acres[31]
10.05 acres [31]
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 o 400 sq.ft. /unit) (Site 2B — 256 units a,
517 net sq. ft. /unit).[ 18, 25, 31, 371
Site 1 - 3.2 acres 3.2 acres
Site 2B - 3.0 acres (total enclosed area is 4.5 acres)
D. Parking (Criteria: I space /unit a 363 sq. ft. /snace)[18, 26, 31, 371
Site 1 - 349 parking spaces - 2.9 acres
Site 2B - 128 parking spaces 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 the approved 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 ]
19
27
The following is intended to show some of the variations possible.
Site 1
One Story Development
- 0.92 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 f311
Building height on Site 2B shall not exceed 60 feet. [3 11
20
22
STATISTICAL ANALYSIS
PART I1 GENERAL COMMERCIAL PERMITTED USES [8,9]
Part 11, Section 11, Group I1 A & F
A. General Commercial Building Sites 18.26. 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
1.11 acres 1371
50,000 sq.
27.46 acres 1371
B. Building Area r26, 27, 28.3, 371
Site 1 -
35,000 sq.
ft. -
Site 2' -
11,700 sq.
ft. -
Site 3z -
49,380 sq.
ft. -
Site 4 -
20,870 sq.
ft.[19]-
Site 5' -
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.[371
0.80 acres
0.27 acres [9]
1.13 acres [2 7]
0.57 acres [9]
0.72 acres [26]
1.14 acres [28.3]
3.23 acres [37]
0.28 acres [371
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 I 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,
28.31
Ibid
s 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]
21
�9
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. @ 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 cars -
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 1
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 Height [8, 9, 26, 3l, 28.3, 37]
Building height of structures on General Commercial Site L 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]
22
30
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 Sites
For the purposes of this statistical analysis, 74.43 acres of commercial 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.
PART I. INDUSTRIAL
Section 1. Minimum Site Area
A. Thirty Thousand (30,000) square feet.
B. Exception: [111
The Planning Commission 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:
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 L Light Industrial
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
23
3i.
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 parts and components such as but not limited to the
following list of examples:
Coils, Tubes, Semi - Conductors
Communication, 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.
3. Blueprinting, Photostatting, photo engraving, printing, publishing and
bookbinding, provided that no on -site commercial services is associated with said
uses.
4. Cafeteria; cafe, restaurant or auditorium.
24
32
5. Service stations will be permitted, subject to a use permit provided that no on -site
commercial service is associated with said uses.
* & * *6. (Transferred to Part R — Commercial, Section 11, Group 0 (28.2, 35]
C. Service stations subject to a use permit.
Group fl. 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.
I . 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
Trucks
2. The manufacture of products or products made from the following or similar
materials:
25
33
Aluminum Iron
Bags, except Burlap Bags or Linoleum
Sacks
Matches
Batteries
Mattresses
Boxes, Paper
'Paper
Brass
Steel
Cans
Tin
Copper
Tools
Glass
Wool
Grinding Wheels
Yam
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.
W.
34
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.
The industrial support activities shall be defined as and limited to the sale of products or
services relating only to the 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 the 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.
C. Service stations subject to a use permit.
2. Except as herein indicated, the General Development Standards for Industry shall
apply.
a. Sign Area
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 -1/2) square feet
of sign for each one (1) foot of lineal frontage of the building or store.
However, no sign shall exceed two hundred (200) square feet in area per
face.
b. Site Identification Ground Sign
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 Division prior to the
27
35
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 property. The plan
shall show all interior walkways and all walkways in the public right of
way, if such walkways are proposed or necessary.
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 I1I. General Development Standards for Industry
Maximum building areas shall be as noted in the Statistical Analysis, Part 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 Commission 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 Planning Convnission 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]
W
3o
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 -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.
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 comer 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 comer 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 Coverage
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.
D. Signs
1. Sign Area
Only one (1) single faced or double -faced signs shall be permitted per sweet
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.
IM,
37
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 Sign
All ground signs shall not exceed four (4) feet above grade in vertical
height. Also, ground signs in excess of one - hundred 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 area. However,
the above standards shall not apply to the Community Directional Sign and
Special Purpose Sign.
4. Special Purpose Sign
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.
6. 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) fit 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
conform with the requirements of Item 3 above, Ground Sign, and will be
30
32
permitted until such time as a final inspection of the building(s) designates
said structure(s) tit for occupancy or tenant is occupying said building(s),
whichever occurs first:
8. Community Directional and/or Identification Sint
Permanent directional and identification signs, not exceeding two- hundred
fifty (250) square feet (single face), shall be permitted but subject to use
permit.
E. Sias Standards
1. 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.
3. 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. Parkine
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 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:
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 conunittee.
31
3J°
Manufacture, Research and Assembl
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 fast
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
Community Development Director prior to issuing of building pen-nit 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 similar manner.
b. Special Landscaped Street
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.
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40
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
manner 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. Panting Area
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 Community Development Director.
H. Loading Areas
I. 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 the
street right -of -way line or one hundred ten (I 10) from the street centerline,
whichever is greater. Said loading area must be screened from view from
adjacent streets.
1. Storage Area
All outdoor storage shall be visually screened from access streets, freeways,
and adjacent property. Said screening shall form a complete opaque screen
up to a point eight (8) feet in vertical height but need not be opaque above
that pour.
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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 between a frontage street and the building line.
J. Refuse Collection Areas
I All outdoor refuse collection areas shall be visually screened from access
streets, freeways, and adjacent property by a complete opaque screen.
2. No refuse collection areas shall be permitted between a frontage street and
the building line.
K. Telephone and Electrical Service
All "on- site" electrical lines (excluding lines in excess of 12 KV) and telephone 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 Community District may be waived
by the Community Development Director if it is demonstrated that such facilities are
not needed. However, the City retains the right to require installations 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, electro- mechanical
disturbance and radiation, electro- magnetic disturbance, radiation, air or water
pollution, dust, emission of odorous, toxic or noxious matter.
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PART H. COMMERCIAL
Section I. Minimum Site Area
A. Thirty Thousand (30,000) square feet
B. Exception: fill
The Planning Commission 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:
I 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 L 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. [30]
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
4S
b. Medical
c. X -Ray
d. Biochemical
e. Film, wholesale only
f Optometrical
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 Minor Use Permit
[29]
13. Any other general business offices. [3 1]
* & ** 14. Remedial driving instruction and counseling facility, subject to a use permit
in each case. [28.2, 35]
*This use shall be limited 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
prohibited. [28.2,35]
C. Support Commercial [21]
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 gymnasium/health club facilities. Car washes shall drain into the
sanitary sewer system.
3. Restaurants - outdoor restaurants and take -out restaurants - subject to
securing a use permit in each case.
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.
36
44
B.
C.
D.
E.
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]
Hotels and Motels, subject to a use permit.
State, County and Municipal Facilities [2]
Service Stations & Mechanical Car Wash within Service Station Site #1, subject to a
use permit. [4]
Retail Commercial uses such as:
Restaurants, including outdoor, chive -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- Conmnercial Site l 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- commercial center.
b. Outdoor, drive -in or take -out restaurants shall be designed and
located so as to be an integral element of the retail- comm-nercial 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
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
37
415
F. General Commercial [8, 9, 23, 26,283, 37]
1. New car dealership; subject to a use permit, including ancillary uses listed
under Part II, Section 1I, Group II, 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
C.
Pet store
£
Bicycle store
g.
Other uses of similar nature
5. 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
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 furniture store
C.
Interior decorators
d.
Home appliances
Cell
40
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 II, 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 1 and 2. [9, 26, 28.3, 31, 37]
Section III. General Development Standards for Commerce
Maximum building areas and building heights shall be noted in the Statistical
Analysis, Part II.A 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.
HoteUMotel 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:
39
47
B. Sims
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. [3 1]
b. Where property abuts other than commercially zoned property, a ten
(10) foot setback is required. Unsupported roofs and sunscreens inay
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 through -lot in which case the required front yard
setback shall be observed.
t. Sign 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 Sign:
One (1) identification pole sign site will be allowed for the following
commercial 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.
HE
M
Wall Sign:
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 Sign:
An 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
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 D.4.
Construction Sign:
Subject to the standards established in Part I, Section 111, Item D.6.
8. Future Tenant Identification:
Subject to the standards established in Part I, 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.
41
D. Parking
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.
a Changes to the on -site parking plans shall be reviewed by the Planning
Director.
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 -In 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 - commercial 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
42
150
Commercial Site 8 shall be in accordance with the Newport Beach
Municipal Code [37].
5. Retail Commercial
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
Planning Commission.
The parking formula shall contain the minimum parking which would be
required for each of the separate uses evaluated independently. Any
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 tire 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
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 Convnunity
Development Director.
d. For restaurant parking see Part 11, Section 111, D.4.
43
51
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 Community Development Director 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.
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.
15
d. Boundary Areas
Boundary landscaping is required on all interior properly 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 vehicular
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).
F. Loading Areas
Street side loading on other than special landscaped streets, shall be allowed
providing the loading dock is set back a minimum of seventy (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
All outdoor storage shall be visually screened from access streets, freeways
and adjacent property. Said screening shall form a complete opaque screen
up 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 between 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 refuse collection area shall be permitted between a frontage street and the
building line.
45
53
I. Telephone and Electrical Service
All "on- site" electrical lines (excluding lines in excess of I2KV) and telephone lines
shall be placed unaerground. Transformer or terminal equipment shall be visually
screened from view from streets and adjacent properties.
J. Pedestrian Access
It is required of all developments in the commercial areas to submit a plan of
pedestrian access to the Planning 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 subsequent development of the
property. The plan shall show all interior walkways and all walkways in the public
right -of -way, if such walkways are proposed or necessary.
PART III. RESIDENTIAL OVERLAY
Section 1. Minimum Site Area
None. Pursuant to General Plan Program HP3.2.2, residential development meeting
requirements in the following Section N. A. shall be exempt from the minimum 10-
acre site requirement specified in General Plan Policy LU6.15.6.
Section 11. Densi
1. Minimum — 30 du/acre
2. Maximum — 50 du/acre
Chapter 20.32 of the Zoning Code provides for density bonus which allows
affordable 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 III. Definitions
Very Low— Income Household: 50 percent or less of the area median income, as
adjusted for family size by the United States Department of Housing and Urban
Development.
Low - Income Household: 50-80 percent of the area median income, as adjusted for
family size by the United States Department 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 and Urban
Development.
154
Above Moderate — Income Household: 120+ percent of the area median income, as
adjusted for family size by the United States Department of Housing and Urban
Development.
Lower-] ncomeHousehold: Includes all that qualify under low and very- low
income definitions.
Section N. Permitted Residential Uses
A. To allow residential development that supports the City's need for lower -
income households. Residential development shall be permitted by right
subject to the following requirements:
1: Limited to multi -unit residential development and subject to Site
Development Review pursuant to Section 20.52.080 of the Newport
Beach Zoning Code.
2. 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 Comnrission.
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 minimum 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 negatively
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 fi-om 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 subject to the maximum development
allocation for the Airport Area established by General Plan Land Use
Policy 6.15.5.
Clrl
1515
Section V. General Development Standards for Residential
Residential development shall be subject to the development standards applicable to
the Multi -Unit (RM) residential zoning district as specified in the Newport Beach
Zoning Code, except as specified below:
A. Building Height
Maximum building heights shall be limited to a height limit of 55 feet. The
height of a structure can be increased with the approval of a site development
review and subject to required findings specified in Section 20.30.060.C.3 of
the Newport Beach Zoning Code but shall not penetrate Federal Aviation
Regulation (FAR) Part 77, Obstruction — Imaginary Surfaces, for John
Wayne Airport unless approved by the Airport Land Use Commission
(ALUC), shall be in compliance with FAR Part 77, and comply with the
requirements of Section 20.30.060.E of the Newport Beach Zoning Code
(Airport Environs Land 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 of the frontage street.
Street Setback
Thirty (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.
Footprint Lots
Except as required 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 III Section V.C. 1 & 2.
M
Z
D. Airport Noise Comnatibility
1. Residential development shall be located outside the JWA 65 dB CNEL
noise contour, specified by the 1985 JWA Master Plan.
2. Notice of aircraft overflight and noise shall be posted at all public parks
and designated outdoor common and recreational areas.
3. Notice shall be provided to all future residents to inform of potential
annoyances or inconveniences associated with residing in proximity to
airport operations such as noise, vibration, and odors.
E. Suns
All signage shall be as specified in Chapter 20.42 of the Newport Beach
Zoning Code.
F. Amenities and Neighborhood Integration
Due to the potential land use incompatibility with other uses within the
established commercial or industrial area, residential development shall
incorporate sufficient amenities (e.g., parks, 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
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:
1. Number of Bedrooms. Affordable units shall reflect the range of
numbers of bedrooms provided in the residential development project
as a whole;
2. Comparable Quality and Facilities. Affordable units shall be
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 features 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.
G. Parkintr
Parking shall comply with the requirements and standards specified in
Chapter 20.40 of the Newport Beach Municipal Code for multi -unit
residential development.
H. Landscape
All landscaping shall comply with, the requirements specified in Chapter
20.36 of the Newport Beach Municipal Code for multi -unit residential
development, with the following exceptions:
Special Landscaped Street
The entire area between the curb and the building 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 from the front property line shall be landscaped except
for any driveway in said area. Tree size to be no less than 24-
inch box.
50
1519
FOOTNOTES
[1] Planned Community Text Amendment No. 1, dated December 13, 1971, incorporating a revised
land use plan.
[21 Planned Community Text Amendment No. 2, dated June 12, 1972, incorporating the following
changes:
a. Relocation of Fire Station site.
b. Limitation of tourist information, travel agencies and ticket reservations within Retail
Commercial 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 Community Text Amendment No. 6, dated June 10, 1974, establishing parking
requirements for Hotels and Motels based on a demonstrated formula.
[71 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
�9
(Cont.)
[9] Planned Community Text Amendment No. 9, dated April 11, 1977, incorporating the
following changes:
a. Expand the permitted uses for General Commercial.
b. Re- designate General Commercial Site I -A and 2 -13 to General Commercial Sites 1,
2 and 3.
C. Expand General Commercial Site 3 to include one half of Industrial Site 1 A.
d. Convert Industrial Site 2A to General Commercial Site 4.
e. Restrict the allowable building area and the permitted uses for General Commercial
Sites 1, 2, 3 and 4.
[ l0] 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.
[11] Planned Community Text Amendment No. 11, dated April 10, 1978, incorporating the
following change:
a. Establish guidelines for an exception to the minimum site area.
[12] Planned Community Text Amendment No. 12, dated July 11, 1978, incorporating the
following change:
a. Revised the allowable building height for Parcel No. 1 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 Industrial Site 3A.
b. Reduce the allowable building area of Commercial/Professional and Business Office
Site 1 and 2.
52
ME
FOOTNOTES (Cont.)
[15] Planned Community 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 Community 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 Community 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] Planned Community 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 IB.
[ 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 chances:
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.
[21] Planned Community Text Amendment No. 21, dated March 9, 1987, incorporating the
following change:
a. Increase 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 commercial as permitted land use. (21)
53
61-
[22] Planned Community Text Amendment No. 22, dated Fe_ bruary 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 Community 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 .Tune 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 I 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.
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. Increase the allowable commercial development in General Commercial Site 3 from
48,300 square feet to 49,380 square feet.
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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 81000 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 Community 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 Community 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
1 1,1997, incorporating the following changes:
a. Redesignate "Retail Commercial Site 1" (MacArthur Square) to "General
Commercial Site No. 6."
b. Redesignate "Retail Commercial Site 2" to "Retail Commercial Site 1"
[29] Planned Community 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 Planning Director's Use Permit.
[30] Planned Community Text Amendment No. 30, approved by the City Council on January 11,
1999, incorporated the following changes:
a. Establish the pennitted Gross Floor area for Professional and Business Offices Sites
1 and 2 at 860,884 square feet.
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03
[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 Commercial/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.
d. 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.
Establish a front yard setback for Hotel /Motel "uses a 17 '/z 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 ten (10) foot minimum.
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.
[33] Planned Connnunity 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 Community Text Amendment No. 34,adopted on the 14th of June 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:
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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.
[36] 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 front "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 Corrnnercial Site 7 (Lexus Dealership at 3901 MacArthur Boulevard) for
a total of 5,29 square feet to the subject site, pursuant to Chapter 20.46 (Transfer
of Development Rights) of the Municipal Code.
[38] Planned Community Text revisions (Ordinance No. 2012 -14), adopted July 24, 2012, to
allow the following changes:
a. To establish a residential development overlay where multi -unit residential
developments, which include a minimum of 30 percent of the units affordable to
lower income households, are pennitted subject to site development review.
b. Revised references to the Planning Director, Planning Department, and Building
Department, to Community Development Director, Planning Division, and Building
Division, to reflect changes in the City's organizational structure.
57
015
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; that the foregoing ordinance, being
Ordinance No. 2012 -14 was duly and regularly introduced on the 10`h day of July, 2012, and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24' day of
July, 2012, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 25th day of July, 2012.
am - '(/�
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2012 -14 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: July 14, 2012
Adopted Ordinance: July 28, 2012 hV
In witness whereof, I have hereunto subscribed my name this I day of 1 IUIIAf IL+)
2012. U
09W AI h
City Clerk
City of Newport Beach, California
(Seal)