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Home My WebLink About03 - MacArthur at Dolphin-Striker (PA2010-135)SEW PART CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 3 November 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949-644-3226, kbrandt newportbeachca.gov PREPARED BY: Rosalinh Ung, Associate Planner APPROVED: TITLE: MacArthur at Dolphin- Striker (PA2010 -135) ABSTRACT: An amendment to the Newport Place (PC -11) Planned Community Development Plan to change the zoning designation of the subject property from "Restaurant Site 1" to "General Commercial Site 8" to allow a 12,351 square -foot commercial development known as MacArthur at Dolphin- Striker. The City Council unanimously approved the project on October 25, 2011. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2011 -25 (Attachment No. CC1) approving Planned Community Development Plan Amendment No. PD2010 -007. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Kimberly Brandt, Community Dev lopment Director Attachments: CC1 Ordinance No. 2011 -25 with attached Exhibit "A" wil Attachment No. CC 1 Ordinance 2011 -25 with Attached Exhibit "A" 3 Fil ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING PLANNED COMMUNITY DEVELOPMENT PLAN AMENDMENT NO. PD2010 -007 TO CHANGE THE ZONING DESIGNATION FROM RESTAURANT SITE "1" TO GENERAL COMMERCIAL SITE "8" FOR PROPERTY LOCATED AT 4221 DOLPHIN - STRIKER (PA2010 -135) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Ridgeway/Whitney, Partnership, with respect to property located at 4221 Dolphin- Striker Way, and legally described as Parcel 1 of Portion of Lot 4 of Tract No. 7770, requesting approval of an amendment to the Newport Place (PC -11) Planned Community Development Plan to accommodate the development of two new commercial buildings of 13,525 square feet total. The following applications were requested or required in order to implement the project as proposed: a) An amendment to Newport Place (PC -11) Planned Community Development Plan to change the zoning designation of the subject property from 'Restaurant Site 1" to "General Commercial Site 8 ", pursuant to Chapters 20.56 (Planned Community District Procedures) and 20.66 (Amendments) of the Municipal Code. b) A transfer of development rights to allow the transfer of 48 unbuilt hotel units, which equates to Storage Facility at 1301 Quail Street) and 1,620 square feet from General Commercial Site 7 (Lexus Dealership at 3901 MacArthur Boulevard) for a total of 5,529 square feet to the subject site, pursuant to Chapter 20.46 (Transfer of Development Rights) of the Minicipal Code. c) A traffic study approval pursuant to Chapter 15.40 (Traffic Phasing Ordinance) as the project will generate in excess 300 average daily trips (ADT). d) A conditional use permit to modify the off - street parking requirements, allow for the use of off -site parking, and to establish a parking management plan for the site, pursuant to Chapter 20.40 (Off- Street Parking) of the Municipal Code. e) A modification permit to deviate from the landscaping requirements of the Newport Place (PC -11) Planned Community Development Plan, pursuant to Section 20.52.050 of the Municipal Code. f) A waiver of the requirement for a development agreement pursuant to the provisions of Chapter 15.45 (Development Agreements) of the Municipal Code. J City Council Ordinance No. _ Page 2 of 6 2. The subject property has zoning designation of Restaurant Site 1 of the Newport Place (PC -11) Planned Community Zoning District and the General Plan Land Use Element category is Mixed -Use Horizontal 2 ( "MU -H2 "). 3. The subject property is not located within the coastal zone. 4. A public hearing was held on September 22, 2011, 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. 5. At the September 22, 2011, Planning Commission hearing, the Planning Commission voted 4 -3 to deny the project without prejudice. 6. On October 1, 2011, the Planning Commission's decision to deny the applicant's request was appealed by City Councilmember Rush Hill. The appeal was filed to allow the City Council an opportunity to review the project given the importance of addressing the economic need for the City to support the improvement of the City's underperforming commercial areas combined with the applicant's willingness to address issues raised by the Planning Commission. 7. Due to the concerns expressed by the Planning Commission at the September 22, 2011, Planning Commission hearing, the applicant modified the application request by reducing the project gross floor area from 13,525 square feet to 12,351square feet, increased on -site parking supplies, and eliminating the off -site parking request. 8. A public hearing was held by the City Council on October 25, 2011, 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. 9. Pursuant to Section 20.64.030.C, the public hearing was conducted "de novo," meaning that it was a new hearing and the decision being appealed has no force or effect as of the date the call for review was filed. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 20 -day comment period beginning on July 15, 2011, and ending on August 3, 2011. The contents of the environmental document and comments on the document were considered by the City Council in its review of the proposed project. Tmplt: 11/23/09 City Council Ordinance No. Paae 3 3. An Errata has been prepared which clarifies and augments data in the document in responses to comments including the added location of transfer of development rights to the subject property, and supports the conclusions reached in the draft MND. Consistent with CEQA Guidelines section 15073.5(c), recirculation of the MND is not required when new information is added to the MND which merely clarifies, amplifies, or makes insignificant modifications to the MND. 4. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 5. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program were adopted by City Council Resolution No.2011 -_. The modifications proposed by the applicant subsequent to the circulation of the Mitigated Negative Declaration do not constitute "substantial revisions" that would warrant recirculation of the MND pursuant to CEQA Guidelines Section 15073.5. The document and all material, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 6. The City Council finds that judicial challenges to the City's CEQA determinations and approvals of land use projects are costly and time consuming. In addition, project opponents often seek an award of attorneys' fees in such challenges. As project applicants are the primary beneficiaries of such approvals, it is appropriate that such applicants should bear the expense of defending against any such judicial challenge, and bear the responsibility for any costs, attorneys' fees, and damages which may be awarded to a successful challenger. SECTION 3. FINDINGS 1. The subject property is located in Statistical Area L4 (Airport Area) and has a General Plan designation of Mixed -Use Horizontal 2 ( "MU -112 "). The MU -H2 designation provides for a horizontal intermixing of uses that may include regional commercial office, multifamily residential, vertical mixed -use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. The proposed commercial development would be allowed as the proposed uses are ancillary and supportive to the existing nearby office and light industrial developments. 2. The subject property has a zoning designation of Restaurant Site 1 of the Newport Place (PC -11) Planned Community which allows only eating and drinking establishments. The proposed amendment would change the zoning designation to Tmplt: 11/23/09 City Council Ordinance No. General Commercial Site 8, to allow general commercial uses and eating and drinking establishments, which thereby is consistent with the MU -1-12 General Plan designation. SECTION 4. DECISION. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: 1. The Newport Place Planned Community Development Plan (PC -11) shall be revised as provided in Exhibit "A ", with all other provisions of the existing Planned Community District Regulations remaining unchanged and in full force and effect. 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. Tmplt: 11/23/09 City Council Ordinance No. — Page 5 of 6 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th of October, 2011, and adopted on the 22nd day of November, 2011, by the following vote, to wit: AYES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR Michael F. Henn ATTEST: Leilani Brown, City Clerk APPROVED AS TO FORM, �O ICE OF CITY ATTORNEY: Aaron Harp, City Attotney 10117,111 for the City of Newport Beach Tmplt: 11/23/09 9 wool City Council Ordinance No. Paae 6 of 6 EXHIBIT "A" Newport Place Planned Community Development Plan (PC -11) Tmplt: 11123/09 11 PLANNED COMMUNITY DEVELOPMENT STANDARDS NEWPORT PLACE Emkay Development Company, Inc. Newport Beach, California 12 CONTENTS General Notes -16 Definitions 27 Statistical Analysis 4 1 9 -21 PART I - INDUSTRIAL Section I Minimum Site Area 4-722 Section II Permitted Uses 4-722 Group I. Light Industrial 4722 A 4-722 B 4-823 C 4-923 Group U. Medium Industrial and Industrial Service and Support Facilities 4-924 A 4924 B 2825 C 2425 D 2226 Section III General Development Standards for Industry 2327 A. Building Height 2327 B. Setbacks 2427 C. Site Coverage 2428 D. Sign Area 2528 E. Sign Standards 2629 F. Parking 2230 G. Landscaping 2$30 H. Loading Areas 2.932 I. Storage Areas 2932 J. Refirse Collection Areas 2-932 K. Telephone and Electrical Services 3832 L. Sidewalks M32 M. Nuisances 3832 2 is PART IT - COMMERCIAL Section I Minimum Site Area 3-133 Section II Permitted Uses 3433 Group I. Professional and Business Offices B. A. Professional Offices 3433 B. Business Offices 3 -233 C. Support Commercial 3 -234 Group II. Commercial Uses 3840 A. Automobile Center 3335 B. Hotels and Motels 3335 C. City, County, and State Facilities 3435 D. Service Stations, Car Wash 3335 E. Retail Commercial Uses 3335 F. General Commercial 3436 Section JII General Development Standards for Telephone & Electrical Services Commerce 3638 A. Setbacks 3-638 B. Signs 3 -739 C. Sign Standards 3840 D. Parking 3840 E. Landscaping 4042 F. Loading Areas 4-243 G. Storage Areas 4243 H. Refuse Collection Areas 4344 L Telephone & Electrical Services 4244 J. Pedestrian Access 4344 FOOTNOTES 44-5 45 -51 ATTACHED EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Land Use [1,5,8, 36] Grading & Roads [1] Storm Drain [1] Sewer & Water [1] Topography [1] Traffic Analysis [ I ] 3 14 Planned Community Development Standards for Newport Place Ordinance No. 1369 adopted by the City of Newport Beach December 21, 1970 Amendment No. 1 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) 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) 2 15 Amendment No. 21 Approved on March 9, 1987 by Resolution No. 87 -30 (A -638) Amendment No. 22 Approved on March 14, 1988 by Resolution No. 88 -17 (A -658) Amendment No. 23 Approved on August 14, 1989 by Resolution No. 89 -94 (A -684) Amendment No. 24 Approved on July 22, 1991 by Resolution No. 91 -83 (A -740) Amendment No. 25 Approved on March 9, 1992 by Resolution No. 92 -20 (A -749) Amendment No. 26 Approved on June 8, 1992 by Resolution No. 92 -58 (A -745) Amendment No. 27 Approved on September 13, 1993 by Resolution No. 93 -69 (A -783) Amendment No. 28 Approved on January 22, 1996 by Resolution No. 96 -10 (A -833) Amendment No. 28.1 Approved on September 9, 1996 by Resolution No. 96 -78 (A849) Amendment No. 28.2 Approved on March 24, 1997 by Resolution 97 -25 (A858) Amendment No. 28.3 Approved on July 28, 1997 by Ordinance No. 97 -29 (A861) Amendment No. 29 Approved on June 18, 1998 by Ordinance No. 98 -16 (A 875) Amendment No. 30 Approved on January 11, 1999 by Ordinance No. 98 -28 (A -877) Amendment No. 31 Approved on February 8, 1999 by Ordinance No. 99 -4 (A -880) Amendment No. 32 Approved on April 12, 1999 by Ordinance No. 99 -11 (A -883) Amendment No. 33 Approved on March 26, 2002 by Ordinance No. 2002 -6 (PD2001 -002) Amendment No. 34 Approved on June 14, 2005 by Ordinance No. 2005 -8 (PD2004 -003) Amendment No. 35 Approved on September 14, 2010 by Ordinance No.2010 -16 (PD2010 -002) 5 10 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. 2. Water within the Planned Community area will be furnished by the City of Newport Beach, 3. Sewerage Disposal facilities within the Planned Community 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] 17 DEFINITIONS Advertising Surface: The total area of the face of the structure, excluding supports. Area of Elevation: Total height and length of a building as projected to a vertical plane. Building Line: An imaginary line parallel to the street right -of -way line specifying the closest point from this street right -of -way line that a building structure may be located (except for overhangs, stairs and sunscreens). Public Safety Area: A ship of land twenty (20) feet in width and running parallel with street rights -of -way. Right -of -Way Line: When reference is made to right -of -way line it shall mean the line which is then established on either the adopted Master Plan of Streets and Highways or the filed Tract Map for Minor Roads as the ultimate right -of -way line for roads or streets. Side and Front of Corner Lots: For the purpose of this ordinance, the narrowest frontage of a lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which structures face. Sign: 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. 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. -g 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 fi•om 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 fiom dedicated streets herein. :3 19 STATISTICAL ANALYSIS PART I. INDUSTRIAL` A. Building Sites Site IA 2.0 acres [3, 9] Site 3A 21.3 acres [2.4]. B. . Building Area ..............23.3 acres [9, 35] 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. @ 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]. 20 STATISTICAL ANALYSIS PART IT. COMMERCIAL/PROFESSIONAL & BUSINESS OFFICES A. Building Sites Site 1 &2 ........ 38.5 acres Site 2A............3.9 acres [3 1] Site 4 ..................9.0 acres Site 5 ..................7.4 acres2 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 1 &2 ......... 860,884 square feet [5, 14, 17, 30] 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 Mix/Site Utilization Typical site areas for buildings of varying heights are provided for purposes of illustration. Development of any of the Sites indicated may include any number of combinations of building types, characterized by number of stories, within the range of building types indicated for that site. 'Cormnercial/Professional and Business Office Site 1 and 2 have been reduced by 36,119 feet with the reduction allocated to the allowed building area for Parcels 1 & 2 of Resubdivision 585. The allowable building area for Parcel 1 & 2 of Resubdivision 585 is now 272,711 square feet. [ 14] 2If commercial uses are constructed on Commercial/Professional and Business Office Site 5 which . are ancillary to and in the same building as office uses, additional development up to a maximum of 294,600 sq. ft. may be developed, so long as office use does not exceed 268,743 sq. ft. [21, 24, 25] 10 21 Site 1 &2 ................860,884 square feet [5, 14, 17, 30] a. Two Story ................ 8.42 acres b. Three Story............ 5.61 acres C. Four Story ............... 4.21 acres d. Five Story .............. 3.37 acres e. Six Story ................. 2.81 acres Site 2A ............ 109,200 square feet [31] a. Two Story ......................1.25 acres b. Three Story ...................0.84 acres c. Four Story .................... 0.63 acres d. Five Story .................... 0.51 acres Site 4 .................. 228,214 square feet [32] a. Two Story . ...........................2.31 acres b. Three Story ......................... 1.54 acres c. Four Story ........................... 1.15 acres d. Five Story . ...........................0.92 acres e. Six Story ... ...........................0.77 acres Site 5 ..................268,743 square feet [ 16, 19, 21, 25] a. - Two Story ..........................1.90 acres b. Three Story ........................1.27 acres c. Four Story ..........................0.95 acres d. Five Story ..........................0 76 acres e. Six Story . ...........................0.63 acres f. Nine Story ..........................0.50 acres Site 6 .............. 42,420 square feet a. Two Story ..........................0.49 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 11 22 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. @ 363 sq. ft/space) Site 1 &2 ..... 3,827 cars......... 31.89 acres [5, 14, 30] Site 2A ......... 474 cars*....... 1.26 acres' [31] Site 4 .............. 905 cars.......... 7.54 acres [32] Site 5 ............ 1,234 cars......... 6.13 acres [21] Site 6 .............. 188 cars........ 1.57 acres Site 7 .............. 248 cars.......... 2.07 acres Site 8 .............. 231 cars.......... 1.34 acres [20] Site 9 ........... 1,281 cars......... 10.68 acres [35] 8,388 cars 62.48 acresz [21,31, 32, 33, 35] E. Landscaped - Open Space Site 1 & 2 [5,14] Gross Site........ 38.5 acres Parking ........... 27.17 acres Net .................11.33 acres Two Story......... 8.42 acres....... 2.91 acres Three Story....... 5.61 acres....... 5.72 acres Four Story......... 4.21 acres....... 7.12 acres Five Story......... 3.37 acres........ 7.96 acres Six Story ........... 2.81 acres........ 8.52 acres Site 2A 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 Four Story ........ .63 acres ... 2.05 acres Five Story ......... .51 acres ... 2.17 acres s Includes surface parking and first floor of existing parking structure only, does not include upper levels of parking structure. [31]. 12 23 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 [21] 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 Net .....................30 acres Four Story ......................30 acres...... N/A [20] . Site 9 [35] Gross Site...... 16.90 acres Parking ......... 10.68 acres 13 24 Net .............. 6.22 acres Two Story......... 3.31 acres...... 2.91 acres Three Story........ 2.21 acres....... 4.01 acres Four Story......... 1.65 acres....... 4.57 acres Five Story......... 1.32 acres....... 4.90 acres Six Story ........... 1.10 acres....... 5.12 acres F. Building Height [5, 12, 15, 21, 31] Maximum building height shall not exceed six (6) stories above ground level except for Parcel No. 1 of Resubdivision No. 585 which shall have a maximum building height of ten (10) stories above ground level, for Parcel No. 2 of Resubdivision No. 585 which shall have a maximum building height of seven (7) stories above ground level, and for Site 5 which shall have a maximum of nine (9) stories/167 feet above ground level. Maximum building height for Professional & Business Office Site 2A shall not exceed 95 feet above ground level. IIEI 215 THIS PAGE IS INTENTIONALLY BLANK 15 20 STATISTICAL ANALYSIS PART H RETAIL COMMERCIAL/PERMITTED USES - Part 1I, Section II, Group II.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. ac 363 sq. ft./ space) Site 1.......50 cars .41 acres D. Landscaped - Open Space Site 1 .77 acres E. Building Height Building height of structures shall be limited to a height of thirty -five (35) feet. 16 27 STATISTICAL ANALYSIS PART 11 COMMERCIAL/RESTAURANTS A. Building Sites Site 1 X91.80 acres 2 -11.80 acres.. ...........2 91.80 acres [5, 20, 36] 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 1 -50133 cars ..................... 4- .151.11 acres 430133 cars .................... 451.11 acres [5, 20, 36] Restaurant Site 1 and General Commercial Site 8 have shared parking arrangements per the 1972 Reciprocal Parking & Management Agreement [36] D. Landsca nd =Open Space Site 1...444 0.46 acres 443-1, 0.46 acres............ E. Building Height ..... 4:34- 0.46 acres [5, 20, 36] Building height of strictures shall be limited to a height of thirty -five (35) feet. 17 22 STATISTICAL ANALYSIS PART IT COMMERCIAL/HOTEL & 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 roomsl Site 2B - 304 256 rooms [31,36] The following statistics are for information only. Development may include but shall not be limited to the following. C. Building Area (Site 1 - 349 emits @ 400 sq.ft. /unit) (Site 2B — 304 256 units @ 517 net sg. ft. /unit)J18, 25, 31,361 Site 1 - 3.2 acres 3.2 acres Site 2B - 3:6 3.0 acres (total enclosed area is 4.5 acres) D. Parking (Criteria: 1 space /unit n, 363 sq. ft. /space)[18, 26, 31, 361 Site 1 - 349 parking spaces - 2.9 acres Site 2B - 1 -52128 parking spaces2 2.5 acres (total) E. Landscaping - Open Space [18] 'Use permits approved as of November 14, 1983, allow 468 hotel rooms with related restaurant, conference area, and other support facilities. Hotel suites included as part of the hotel room count may be converted to standard hotel rooms consistent with the specified hotel room limit, so long as the approved site plan is maintained. Location and size of restaurant, conference area, and other support facilities may also be revised if the plans meet the intent of the approved site plan and other conditions of approval. [ 1, 18] 2 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] E1K 29 The following is intended to show some of the variations possible. Site I 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 [31] Building height on Site 2B shall not exceed 60 feet. [31] E W01 STATISTICAL ANALYSIS PART H GENERAL COMMERCIAL PERMITTED USES [8,9] Part II, Section II, Group II A & E A. General Commercial Building Sites [8, 26, 28.3, 31, 361 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 [361 26.35 27.46 acres [361 B. Building Area [26, 27, 28.3, 36] Site 1 - 35,000 sq. ft. - Site 21 - 11,700 sq. ft. - Site 3z - 49,380 sq. ft. - Site 43 - 20,870 sq. ft.[19]- Site 51 - 31,362 sq. ft. - Site 6 50,000 sq. ft Site 7 14- 1,120140,720 sq. ft. Site 8 12,351 sq. ft" [361 339;432 350,163 sq. fQ36] 0.80 acres 0.27 acres [9] 1.13 acres [27] 0.57 acres [9] 0.72 acres [26] 1.14 acres [28.3] 8:20 3.23 acres [361 0.28 acres [361 -12.83 8.14 acres [26, 27, 28.3, 36] s A recorded reciprocal easement shall be provided for ingress, egress and parking for mutual benefit between Hotel Site 1 and General Commnercial Site 5' 6 Restaurants are permitted uses. in Sites 1 2 3 5 and 6 subject to a use permit. 9 23 26 27 28.3] 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 11 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. [361 20 31 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 Site 2 - 47 cars Site 3 - 193 cars Site 4 - 100 cars Site 5 - 167 cars Site 6 - 250 cars Site 7 353 cars Site 8 81 cars 12 - 1.17 acres - 0.39 acres - 1.61 acres - 0.83 acres - 1.39 acres - 2.08 acres - 2-98 2.94 acresl0 [361 0.54 acres [36] 40:4-510.95 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 [361 Sub Total 844 8.35 acres [361 Site 5 (3 story) 0.49 acres . Sub Total 8:68 8.84 acres [36] Site 5 (4 story) 0.75 acres Grand Total 9.315 9.59 acres [361 F. Building Height [8, 9, 26, 31, 28.3, 36] Building height of structures on General Commercial Site 1, 2, 3, 4 and 6, and 8 shall be limited to a height of thirty -five (35 ft.) and on General Conunercial 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 [361 21 32 STATISTICAL ANALYSIS PART H COMMERCIAL /SERVICE STATION ** A. Building Site Site 1 1.2 acres 1.2 acres PART I. INDUSTRIAL Section I. Minimum Site Area A. Thirty Thousand (30,000) square feet. B. Exception: [ill 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: 1. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 2. That the development considerations and intent of this Planned Community Development Standards are substantially met. Section 11. Permitted Uses Group I. Light hrdustial A. To allow uses primarily engaged in research activities, provided that such activities are confined within a building or buildings that do not contribute excess noise, dust, smoke, vibration, odor, toxic, or noxious matter to the surrounding environment nor contain a high hazard potential, due to the matter of the product material or processes involved. Such activities may include but shall not be limited to research laboratories and facilities, developmental laboratories and facilities and compatible light manufacturing related to the following list of examples: 1. Bio- Chemical Chemical Film and Photography Medical and Dental Metallurgy Pharmaceutical X -Ray **Reference Page 4, Part I, Item D. 22 33 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. 1. 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. 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 II — Commercial, Section 11, Group 1) [28.2, 351 C. Service stations subject to a use permit. 23 3-4 Group II. Medium Industrial and Industrial Service and Support Facilities. A. To allow the location of general manufacturing activities, provided that such activities are confined within a building or buildings and do not contribute excessive noise, dust, smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential due to the nature of the products, material or processes involved. 1. 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 fiom the following or similar materials: Aluminum Iron Bags, except Burlap Bags or Linoleum Sacks Matches Batteries Mattresses Boxes, Paper Paper Brass Steel Cans Tin Copper Tools Glass Wool 24 35 Grinding Wheels Yarn 3. The manufacturing, compounding, processing or treatment of the following or similar items: Acids, Non - Corrosive Lubricating Oil Candles Pharmaceutical Cigarettes & Cigars Products Detergents Plastics Disinfectants Toiletries . Dye Vitamin Products Food Products Waxes and Polishes Woodworking Shops, such as: (Provided that, if a planer, router, sticker or moulder is maintained, all doors and windows in the outside walls of the room in which said machinery is located shall be kept closed while said machinery is in use.) Box Furniture Wood Products 5. Distribution and Warehousing Plants B. To allow the location of general manufacturing activities, service industry and activities related to contractor and construction industry, provided that such activities are confined within a building or buildings and do not contribute excessive noise, dust, smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential due to the nature of the products, materials or processes involved. Service industries or those industries providing a service as opposed to the man- ufacture of a specific product, such as the repair and maintenance of appliances or component parts, tooling, printers, testing shops, small machine shops, shops engaged in the repair, maintenance and servicing of items excluding automobile repair, providing that such industries are not the point of customer delivery or collection. 2. Contractor and construction industries relating to building industry, such as general contractors, electrical contractors, plumbing contractors. C. To allow a combination of general industry, business and professional offices, and industrial support activities, provided that such activities are confined within a building or buildings, and do not contribute excessive noise, dust, smoke, vibration, odor, toxic or noxious matter to the surrounding environment nor contain a high hazard potential due to the nature of the products, materials or processes involved. 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 25 so 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 fiontage 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 Department prior to the issuance of building permits. Said plan will detail consideration for pedestrian access to the subject property and to adjacent properties, and shall be binding on subsequent development of the 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] E. (Deleted)[2,4] 26 :F Section III. 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 1 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 Commission 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 stricture shall have no more floor area than could have been achieved without the use permit. [22] 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. 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. 27 SR In the case of a corner lot, the street side setback shall be thirty (30) feet, except that unsupported roofs and sunscreens may project six (6) feet into the setback area. Interior lot lines for a corner lot shall be considered side lot lines. 3. Rear Yard Setback No rear yard setback is required except on a through -lot in which case the required fi•ont yard setback shall be observed. C. Site Coverage D. Signs 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 film. Sign Area Only one (1) single faced or double -faced signs shall be permitted per street frontage. No sign or combination of signs shall exceed one (1) square foot in area for each six - hundred (600) square feet of total site area. However, no sign shall exceed two hundred (200) square feet in area per face. An additional twenty (20) square feet shall be allowed for each additional business conducted on the site. 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 Sig_rr 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. Wl 39 5. 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 constriction. 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. 7. 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 permitted until such time as a final inspection of the building(s) designates said structure(s) fit for occupancy or tenant is occupying said building(s), whichever occurs first. 8. Community Directional and/or Identification Sign Permanent directional and identification signs, not exceeding two - hundred fifty (250) square feet (single face), shall be permitted but subject to use pernit. E. Sign 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. 29 4D F. Parkin Adequate off - street parking shall be provided to accommodate all parking needs for the site. The intent is to eliminate the need for any on- street parking. Required off - street parking shall be provided on the site of the use served, or on a contiguous site or within three hundred (300) feet of the subject site. Where parking is provided on other than the site concerned, a recorded document shall be approved by the City. Attorney and filed with the Building and Planning Departments 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 committee. Manufacture, Research and Assembly Two (2) parking spaces for each three (3) employees, but in no event less than three (3) spaces for each one thousand (1000) square feet of gross floor area. Warehouse Two (2) parking spaces for each three (3) employees, but in no event less than one (1) space for each one thousand (1000) square feet of gross floor area for the first twenty thousand (20,000) square feet; one (1) space for each two thousand (2,000) square feet of gross floor area for the second twenty thousand (20,000) square feet; one (1) space for each four thousand (4,000) square feet of gross floor area for areas in excess of the initial forty thousand (40,000) square feet of floor area of the building. If there is more than one shift, the number of employees on the largest shift shall be used in determining parking requirements. G. Landscaping Detailed landscaping and irrigation plans, prepared by a landscaping architect, licensed contractor of architect shall be submitted to and approved by the Planning Director prior to issuing of building permit and installed prior to issue of Certificate of Use and Occupancy. All landscaping referred to in this section shall be maintained in a neat and orderly fashion. 30 4- 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. 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 slrrub and tree materials. b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed flee 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. Parking 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 Planning Director. 31 42 H. Loading Areas 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 -ofway line or one hundred ten (110) from the street centerline, whichever is greater. Said loading area must be screened fi•om view from adjacent streets. 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 point. 2. Outdoor storage shall be meant to include all company owned and operated motor vehicles, with the exception of passenger vehicles. No storage shall be permitted between a fiontage street and the building line. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, freeways, and adjacent property by a complete opaque screen. 1. 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 Planning 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 fixture, 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. 32 4S PART H. COMMERCIAL Section L 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: 1. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 2. That the development considerations and intent of this Planned Community Development Standards are substantially met. Section II. Permitted Uses Group I. Professional and Business Offices. To allow the location of commercial activities engaged in the sale of products or services relating to and supporting the Development Plan, provided that such activities are confined within a building or buildings. A. Professional Offices 1. Accountants 2. Attorneys 3. , Doctors, dentists, optometrists, oculists, chiropractors and others licensed by the State of California to practice the healing arts. 4. Engineers, architects, surveyors and planners. 5. Any other general professional offices. [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 b. Medical c. X -Ray d. Biochemical 33 44 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 Director's 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. [28.2,3 5] C. Support Commercial [21] 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. 34 45 Group II. Commercial Uses A. Automobile Center, subject to a use permit. [28] 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 11ses. 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. B. Hotels and Motels, subject to a use permit. C. State, County and Municipal Facilities [2] D. Service Stations & Mechanical Car Wash within Service Station Site #1, subject to a use permit. [4] E. Retail Commercial uses such as: Restaurants, including outdoor, drive -in or take -out restaurants shall be permitted subject to the securing of a use permit, except as noted under "a" and "b" below: [7] a. Restaurants, other than outdoor, drive -in or take -out restaurants, shall be permitted in Retail - Commercial Site I without a use permit provided that the net floor area of all restaurant uses does not exceed 20% of the net floor area of the retail- 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 - commercial center and shall not be permitted as a fiee- 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 35 40 13. Tourist information and travel agencies and ticket reservation services, but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight 14. Instructional dance facility for adults and related retail sales, subject to a use permit (28.1) 15. Other uses similar to the above list F. General Commercial [8, 9, 23, 26, 28.3, 36] 1. New car ddalership, subject to a use permit, including ancillary uses listed under Part II, Section II, Group II, A. 2. Set-vice 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. [361. 4. Hobby, Arts and Crafts, including: a. Sporting goods store b. Camera store C. Art gallery d. Craft store e. Pet store f Bicycle store g. Other uses of similar nature 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 It. 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 36 4:F 7. Home and Office Furnishings, including: a. Home funiture store b. Office furniture store C. Interior decorators d. Home appliances e. Antique store f. Other uses of similar nature 8. Athletic Clubs, including: a. Spa b. Health club C. Recreation facility d. Other uses of similar nature 9. Home improvement stores, including: a. Hardware store b. Paint store C. Wallcovering store d. Other uses of similar nature 10. Retail nursery subject to a use permit 11. Institutional, instructional and educational uses, subject to a use permit in each case. (28.3) *12. Professional and Business Offices - see Part 11, Section TI, Group I for permitted uses. *Office uses are permitted within General Commercial Sites 3, 4, 5, and 6, and 8 and not permitted within General Commercial Sites 1 and 2. [9, 26, 28.3, 31, 36] 37 42 Section III. General Development Standards for Commerce Maximum building areas and building heights shall be noted in the Statistical Analysis, Part ILA and Part II.B. A. Setbacks All setbacks shall be measured from the property line: For the purpose of this ordinance, a street side property line is that line created by the ultimate right -of -way line of the frontage street. 1. Front Yard Setback Thirty (30) feet minimum; except that unsupported roofs or sunscreens may project six (6) feet into the setback area. Hotel/Motel uses: Seventeen (17) feet and six (6) inches minimum, provided that the average setback for all buildings along the linear street frontage is thirty (30) feet. [31] 2. Side Yard Side yard setbacks will be required only when any one of the following conditions exist: a. Corner lot: Thirty (30) feet (street side setback only), except that unsupported roofs and sunscreens may project three (3) feet into setback area. Hotel/Motel uses: Fourteen (14) feet and six (6) inches minimum, provided that the average setback for all buildings along the linear street frontage is twenty -seven (27) feet. [3 1] b. Where property abuts other than commercially zoned property, a ten (10) foot setback is required. Unsupported roofs and sunscreens may project three (3) feet into the setback area. Hotel/Motel uses: Ten (10) feet minimum setback for all buildings along the property line. [31] 3. Rear Yard None required except on a through-lot in which case the required front yard setback shall be observed. RE 49 B. Signs 1. Sian Area: General Standard Building identification shall be limited to a single (1) entity. Building identification signs shall have an area not to exceed 1 1/2 square feet of surface for each one (1) foot of lineal frontage of building. However, no sign shall exceed two hundred (200) square feet per face. Building identi- fication signs shall be limited to two (2) facades. 2. Pole 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. 3. Wall Sian: In no event shall an identification sign placed on a wall comprise more than ten (10) percent of the area of the elevation upon which the sign is located. Said signs shall be fixture signs. Signs painted directly on the surface of the wall shall not be permitted. 4. Ground Sian: An identification ground sign shall not exceed fora (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. 39 50 6. Special Purpose Sign: Subject to the standards established in Part I, Section III, Item DA 7. Construction Sign: Subject to the standards established in Part I, Section III, 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 11I, Part I of this ordinance, shall prevail for developments in this area. D. Parking 1. Medical and Dental Five (5) spaces for each doctor or one (1) space for each 200 square feet of gross floor area whichever is greater. 2. Professional Offices One (1) space for each 225 square feet of net floor area. The parking requirement may be lowered to one (1) space for each 250 square feet of net floor area upon review and approval of the modification committee. Exceptions: [35] The following parking requirements are applicable to Professional and Business Office Site No. 9. • One (1) space for each 281 square feet of net floor area. o Changes to the on -site parking plans shall be reviewed by the Planning Director. 3. Lodgc, 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. I 151 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. [36] b. Restaurants other than outdoor, drive -in or take -out restaurants within Retail- Conunercial 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 outdo et dAive in and take out st° „t,. shall b provided in ttccvraaicc with Section 20 .53 060 - vF � the - r°wpeA Beach r,r ^,,ieip,a God ° restaurants (take -out service - limited use, food service with /without alcohol, withhvithout late hour) within General Commercial Site 8 shall be in accordance with the Newport Beach Municipal Code [36]. 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. 41 52 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 Director of Community Development. 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 Director of Community Development. d. For restaurant parking see Part II, Section 111, DA. E. Landscaping Detailed landscaping. and irrigation plans, prepared by a landscaping architect, licensed landscaping contractor or architect shall be submitted to and approved by the Planning 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. 1. 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 42 53 All unpaved areas not utilized for parking and storage, shall be landscaped utilizing ground cover and/or shrub and tree materials. .b. Undeveloped Areas Undeveloped areas proposed for future expansion shall be maintained in a weed free condition, but need not be landscaped. C. Screening Areas used for parking shall be screened from view or have the view interrupted by landscaping and/or fencing from access streets, freeways, and adjacent properties. Plant materials used for screening purposes shall consist of lineal or grouped masses of shrubs and/or trees. d. Boundary Areas Boundary landscaping is required on all interior property lines. Said areas shall be placed along the entire length of these property lines or be of sufficient length to accommodate the number of required trees. Trees, equal in number to one (1) tree per twenty -five (25) lineal feet of each property line, shall be planted in the above defined areas in addition to required ground cover and shrub material. C. 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 Area Trees, equal in number to one (1) per each five (5) parking stalls shall be provided in the surface parking area (31). F. Loadiniz Areas 1. 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 fiom adjacent streets. G. Storage Areas 1. All outdoor storage shall be visually screened from access sheets, 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 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. 43 54 H. Refuse Collection Areas 1. All outdoor refuse collection areas shall be visually screened from access streets, fieeways 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. I. Telephone and Electrical Service All "on- site" electrical lines (excluding lines in excess of 12KV) and telephone lines shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties. J. Pedestrian Access It is required of all developments in the commercial areas to submit a plan of pedestrian access to the Planning Department 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. 515 FOOTNOTES [ 1] Planned Community Text Amendment No. 1, dated December 13, 1971, incorporating a revised land use plan. [2] 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 213. [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. [7] Planned Community Text Amendment No. 7, dated September 8, 1975, revising off - street parking requirements for restaurants to conform with existing City Standards. [8] Planned Community Text Amendment No. 8, dated February 9, 1976, permitting General Commercial uses on Auto Center Site la and 2b. 45 150 (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 1 -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 IA. 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. [10] Planned Community Text Amendment No. 10, dated May 23, 1977, incorporating the following change: a. Delete the provision added by Resolution No. 8261 adopted by the City Council on June 10, 1974 from Section III, D, 6. [11] Planned Cormnunity 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 Conuuunity 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. W. 57 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 Conummity Text Amendment No. 18, dated June 25, 1984, incorporating the following changes: a. Establish a specific limit on hotel rooms in Hotel Sites 1A and 1B. [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 fiom General Cormnercial Site 4 to Professional and Business Offices Site 5. [20] Planned Community Text Amendment No. 20, dated January 12, 1987, incorporating the following changes: a. Add Professional and Business Offices Site 8, with 54,000 square feet allowed. b. Delete Restaurant Site 2A, with 8,400 square feet deleted. [21] Planned Cormmunity 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. (2 1) 47 152 FOOTNOTES (Cont.) [22] Planned Community Text Amendment No. 22, dated February 4, 1988, incorporating the following change: a. Allow structures located within a portion of Industrial Site 3A to be constructed in excess of the 35 -foot height limit up to a maximum of 50 feet, subject to the approval of a use permit. [23] Planned 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 June 8, 1992, incorporating the following changes: a. Redesignate the Sheraton Hotel Site from Hotel Site IA and 1B to Hotel Site 1 and General Commercial Site 5. b. Reduce the hotel room entitlement on Hotel Site 1 by 119 rooms and establish a development entitlement of 31,362 square feet for General Commercial Site 5. C. Establish a height limit of 50 feet within General Commercial Site 5. d. The Requirement for a reciprocal easement to provide ingress, egress, and parking for mutual benefit between Hotel Site I and General Commercial Site 5. 159 FOOTNOTES (Cont.) [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. b. Delete the provision which counts one square foot of floor area devoted to restaurants as two square feet of permitted commercial floor area in General Commercial Sites 2, 3, and 5. C. Delete the provision which restricts the maximum amount of gross floor area devoted to restaurants to 8,000 square feet each in General Commercial Sites 3 and 5. [28] Planned Community Text Amendment No. 28, approved by the City Council on January 22, 1996, incorporating the following changes. a. Restricting automobile repair and detailing as an accessory use only in conjunction with sales of new vehicles. C. 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 11, 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 I" [29] Planned Conuuunity Text Amendment No. 29, approved by the City Council on July 27, 1998, incorporating the following change: a. Permit Business and Trade Schools within Profession and Business Office Site 3A, subject to the approval of a Planning Director's Use Permit. 00 FOOTNOTES (Cont) [30] Planned Community Text Amendment No. 30, approved by the City Council on January 11, 1999, incorporated the following changes: a. Establish the permitted Gross Floor area for Professional and Business Offices Sites 1 and 2 at 860,884 square feet. [31] Planned Community Text Amendment No. 31, approved by the City Council on February 8, 1999, incorporating the following changes: a. Redesignating Auto Center Site 2A to 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. e. Establish a height limit of 60 feet within Hotel & Motel Site 2B. £ Establish a front yard setback for Hotel/Motel "uses a 17 %2 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 fi•ontage is 27 feet. h. Establish a side yard setback for Hotel/Motel uses of a ten (10) foot minimum. i. Provide that landscaping in parking areas be provided in surface parking areas. [32] Planned Community Text Amendment No. 32, approved by the City Council on April 12, 1999, incorporated the following changes: a. Establish the permitted gross floor area for Professional and Business Offices Site 4 at 228,214 square feet. [33] Planned Connuunity 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. 50 (�I- FOOTNOTES (Cont.) [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: 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 Coimmerce 16.9 acre site bounded by Birch Street, Dove. Street, Westerly Place and Quail Street. 51 02 / Area Summary ||Industrial 23.3 ac. Office 04 Retail/General Commercial 16.5 ac. Commercial/Restaurant 1.8 ac. Commercial/Hotel Motel 10.1 ac. Service Station 1.2 ac. Retail Commercial Site I.- Total 134.6 ac. Site I General Commercial Site 6 S "Ice Station j Site I 0 Ice Site 6 Offide ::,:�T0prff0,,,&,EltUS Off ice Site 7 General commercial Off inb Office Site 8 RECEh /EG PROOF OF PUBLICATION ?011 DEC _ i AN 54 of F CE QE THE C, Ty CLERK STATE OF CALIFORNIA) L1iYOF; l` ?G�TBEACH ) SS. COUNTY OF ORANGE) CRY OF NEWPORT BEACH PUBLIC NOTICE ORDNUNCESUAINIARY I am a citizen of the United States and a NOTICE IS HEREBY GIVEN that on Novem- resident of the County of Los Angeles; I ber 22, 2011, the City council of the City of am over the age of eighteen years, and Newport Beach, CaOrdi- nia, adopted an Ordi- not a party to or interested in the notice nance entitled: ORDINANCE NO. published. I am a principal clerk of the 2 11-25 AN ORDINANCE OF NEWPORT BEACH /COSTA MESA THE Of THE CITY CITY OF COUNCIL PILOT, which was adjudged a NGT PLANNED APPROV- COM- newspaper of general circulation on M U N I T Y DEVELOPMENT PLAN September 29, 1961, case A6214, and PD20110 007 N u June 11, 1963,-base A24831, for the CHANGE THE ZONING DESIGNATION FROM City of Cos et Mesa, County of Orange, RESTAURANT SITE "1" TO GENERAL COM- and the=Sta1� -af California. Attached to MERCIAL PROPERTY TELOCATED this Affidavit is a true and complete copy AT 4221 DOLPHIN - STRIKER (PA2010- as was printed and published on the 13S) The Ordinance will following date(s). change the zoning des - ignation of subject property from Restau- rant Site "1" to General Saturday November, 26, 2011 Thm Ordinance " s was adopted by the City Council of the City of Newport Beach, CalHor- nia, at a regular meet- certify /or declare under penalty f Y \ P Y a [hereof on the 22nd ing thefollowngerot: by er ur . that the foregoing is true and P 1 Y. 9 g AYrdner, I, Rosans Gardner, Curry, - ' correct. ry, Daigle, Mayor Henn Mayor Hann NOES:NOne ABSENT:None The Ordinance shall be- come final and effective thirty (30) days after Executed on November 29 2011 adoption. Dated this 23rd day of r November, 2011. at Los Angeles, California !a/ Leilam I. Brown. City Clerk ` City of Newport Beach - Published Newport Beach /Costa Mesa Daily Pilot November 26, 2011 Signature