HomeMy WebLinkAbout5.0 - Former City Hall Land Use and Zoning Amendments - PA2012-031 CITY OF NEWPORT BEACH
Planning Commission STAFF REPORT
November 5, 2015
Agenda Item No. 5
SUBJECT: Former City Hall Complex Amendments (PA2012-031)
3300 Newport Boulevard
47532 nd Street
1. General Plan Amendment No. GP2012-002
2. Coastal Land Use Plan Amendment No. LC2012-001
3. Zoning Code Amendment No. CA2012-003
APPLICANT: City of Newport Beach
OWNER: City of Newport Beach
PLANNER: James Campbell, Principal Planner
949-644-3210, jcampbell@newportbeachca.gov
PROJECT SUMMARY:
Modification of the General Plan, Coastal Land Use Plan, and Zoning Code
amendments (Amendments) previously approved by the City for the former City Hall
Complex making them consistent with the changes approved by the California Coastal
Commission.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. — recommending City Council approval of General Plan
Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-
001, and Zoning Code Amendment No. CA2012-003 as modified to be consistent
with the Coastal Commission's suggested modifications to LC2012-001
(Attachment No. 1).
INTRODUCTION
In September of 2014, the City Council approved the 130-room, Lido House Hotel
project to replace the former City Hall Complex located at the northeast corner of
Newport Boulevard and 32nd Street. The City's approval included amendments of the
General Plan, Coastal Land Use Plan, and Zoning Code. The land use categories and
zoning were changed from Public Facilities to mixed use, contingent upon approval of
the Coastal Land Use Plan (CLUP) amendment by the California Coastal Commission.
The CLUP amendment also included changes to Policy 4.4.2-1 allowing for higher
building heights.
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Former City Hall Complex Amendments (PA2012-031)
Planning Commission, November 5, 2015
Page 2
On October 7, 2015, the Coastal Commission approved the proposed CLUP
amendment with suggested modifications (Attachment No. 2) and the Coastal
Development Permit for the 130-room, Lido House Hotel. City staff represented to the
Coastal Commission that the suggested modifications would be acceptable and would
require subsequent adoption by the City Council. The City should accept the suggested
modifications word-for-word as adopted by the Coastal Commission. Proposing
additional changes at this point would require the submission of a new application to the
Coastal Commission and lead to delays in construction of the hotel.
DISCUSSION
Coastal Land Use Plan Changes
The Coastal Commission modified the proposed CLUP land use category from Mixed
Use (MU) to Visitor-Serving Commercial, Lido Village (CV-LV).
The land use category proposed by the City for the project site was:
Table . Use Plan Categories
Land Use Category Uses Density/Intensity
The MU category is intended to provide for 98,725 sf of hotel
the development a mix of uses, which may
Mixed Use—MU include general, neighborhood or visitor-
serving commercial, commercial offices, Municipal facilities are not
visitor accommodations, mixed-use restricted or included in any
development, and/or civic uses. development limit.
The Coastal Commission approved the following:
. • Categories
Land Use Gategory Uses Densit /Intensit
The CV-LV category is intended to allow for
a range of accommodations (e.g. hotels, 98,725 gross square feet not
CV-LV motels, hostels), goods, and services including a fire station. A fire
Visitor-Serving intended to primarily serve visitors to the station may not occupy more
Commercial– City of Newport Beach. A fire station is than 10%of the total project
Lido Village allowed in its current location. Limited Use site.
Overnight Visitor Accommodations and
residences are not allowed.
The CV-LV land use category allows for visitor-serving commercial uses including visitor
accommodations and the existing or future fire station. Timeshares or other fractional
ownership accommodations and residential uses would be prohibited and the intensity
limits for the hotel and fire station also did not change. Staff has no concerns with these
changes.
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Former City Hall Complex Amendments (PA2012-031)
Planning Commission, November 5, 2015
Page 3
Coastal Land Use Policy 4.4.2-1 requires that the City maintain the 35-foot height
limitation in the Shoreline Height Limitation Zone. Exceptions for Marina Park' and the
Back Bay Landing2 projects have been approved by the City. The Coastal Commission
modified the proposed language further limiting structure height.
The proposed exemption language for the project site, as approved by the City, was:
Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall
Complex): Buildings and structures up to 55 feet in height, provided it is
demonstrated that development does not materially impact public views. Peaks
of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and
architectural features such as domes, towers, cupolas, spires, and similar
structures may exceed 55 feet by 10 feet. The purpose of allowing buildings,
structures and architectural elements to exceed 35 feet is to promote vertical
clustering resulting in increased publically accessible on-site open space and
architectural diversity while protecting existing coastal views and providing new
coastal view opportunities.
The Coastal Commission approved the following:
Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site):
• At least 75% of the total area of the site shall be 35 feet in height or lower.
• Buildings and structures up to 55 feet in height with the peaks of sloping roofs
and elevator towers up to 60 feet in height, provided it is demonstrated that
development does not adversely impact public views.
• Architectural features such as domes, towers, cupolas, spires, and similar
structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including architectural
features, shall not occupy more than 25 percent of the total area of the site.
• Buildings and structures over 45 feet in height, architectural features, shall not
occupy more than 15 percent of the total area of the site.
• With the exception of a fire station, all buildings and structures over 35 feet in
height, including architectural features, shall be setback a minimum of 60 feet
from the Newport Boulevard right-of-way and 70 feet from the 32nd Street
right-of-way.
• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height
to house and screen essential equipment.
Limited exemption for the lighthouse architectural feature approved by the Coastal Commission
2 Limited exemption for a public viewing tower pending review by the Coastal Commission
Former City Hall Complex Amendments (PA2012-031)
Planning Commission, November 5, 2015
Page 4
The modified language does not change the approved Lido House Hotel project and will
facilitate a future reconstructed fire station. As a result, staff has no concerns with the
changes.
General Plan and Zoning
When the City approved the CLUP amendment to mixed-use, the General Plan and
Zoning Code were amended in a consistent fashion. Given the change to the CLUP, the
General Plan land use category and Zoning Code need to be modified to be consistent.
Given that the intensity of use is not changing, there are no issues related to Charter
Section 423 (Measure S). Staff has also made no changes to the allowed uses within
the zoning district applicable to the project. Staff has modified the development
standards relative to the more restrictive height limits imposed by the Coastal
Commission. The specific changes are included with the draft resolution (Attachment 1).
Environmental Review
The City prepared and certified an Environmental Impact Report (EIR)
(SCH#2013111022) for the proposed Lido House Hotel project in accordance with the
California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources
Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of
CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). The analyses
showed that the proposed project would not result in any significant and unavoidable
impacts and all potential impacts would be reduced to a less than significant level with
the incorporation of several mitigation measures. The project included amendments of
the General Plan, Coastal Land Use Plan and Zoning Code modifying the land use
designations, zoning district, and CLUP Policy 4.4.2-1. Although the proposed
amendments have changed from "mixed-use" to "visitor-serving commercial," the
modified amendments do not change the development potential or allowed uses.
Therefore, modifying the previously approved amendments would not result in any
potential environmental impact not previously considered in the Lido House Hotel EIR.
Public Notice
Notice of this public hearing was published in the Daily Pilot, mailed to all owners of
property within 450 feet of the boundaries of the site including the applicant and posted
on the subject property at least 10 days before the scheduled meeting, consistent with
the provisions of the Municipal Code. Additionally, the item appeared on the agenda for
this meeting, which was posted at City Hall and on the City website.
4
Former City Hall Complex Amendments (PA2012-031)
Planning Commission, November 5, 2015
Page 5
Prepared by: Submitted by:
James Campbell, Principal Planner *aWisnesl(i,r
ICP, Deputy Director
ATTACHMENTS
1 . Draft Resolution Recommending City Council Approval of Modified Amendments
2. Coastal Commission action letter
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Attachment No. 1
Draft Resolution Recommending City
Council Approval of Modified Amendments
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING ACCEPTANCE OF THE SUGGESTED
MODIFICATIONS FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5-
NPB-14-0831-3) AND CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT NO. GP2012-002, COASTAL LAND USE PLAN AMENDMENT
NO. LC2012-001, ZONING CODE AMENDMENT NO. CA2012-003 FOR THE
FORMER CITY HALL COMPLEX LAND USE AND ZONING AMENDMENTS
(PA2012-031) LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND ST.
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
STATEMENT OF FACTS
1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan,
Coastal Land Use Plan (CLUP), and Zoning Code (Amendments) with respect to the
former City Hall Complex (Property), legally described in Exhibit A, located at the
northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300
Newport Boulevard and 475 32nd Street.
2. The Amendments would change the land use categories and zoning district from Public
Facilities to Mixed Use. Additionally, the CLUP amendment would modify Policy 4.4.2-1
allowing buildings to exceed the 35-foot Shoreline Height Limit.
3. On September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive,
Newport Beach, California, the City Council held a public hearing to consider the
Amendments and a Final Environmental Impact Report prepared for the project. A notice
of the time, place and purpose of the hearing was provided in accordance with CEQA
and the Newport Beach Municipal Code.
4. On September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the
Lido House Hotel Final Environmental Impact Report No. ER2014-003 (SCH No.
2013111022) to be in compliance with the California Environmental Quality Act (CEQA),
the State CEQA Guidelines, and City Council Policy K-3.
5. On September 9, 2014, the City Council adopted Resolution No. 2014-81 approving
General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment
No. LC 2012-001. These amendments were adopted contingent upon the approval by
the California Coastal Commission.
6. On September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting
Zoning Code Amendment No. CA2013-003.
7. On September 24, 2014, the City of Newport Beach submitted Coastal Land Use Plan
Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal
Commission.
8. On October 7, 2015, the California Coastal Commission certified the City's application
request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP
9
Planning Commission Resolution No.
Page 2 of 19
land use category and Policy 4.4.2-1. The suggested modifications changed the
proposed CLUP land use category from Mixed-Use to Visitor-Serving Commercial, Lido
Village. This change in policy language allows for the same range of allowed
commercial uses as the City-approved amendment and prohibits all forms of timeshares
or fractional ownership visitor accommodations the allowed uses. The modification also
does not increase development intensity beyond what the City authorized. The
suggested modifications to CLUP Policy 4.4.2-1 provided increased setbacks from
streets and limited the area and size of structures that could exceed 35 feet in height.
The modification of CLUP Policy 4.4.2-1 is more restrictive than the City-approved
amendment but still allow the proposed Lido House Hotel.
9. On November 5, 2015, the Planning Commission held a public hearing in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California to modifications of
the Amendments as a result of the Coastal Commission's action. A notice of the time,
place and purpose of the aforesaid hearing was provided in accordance with Newport
Beach Municipal Code. Evidence both written and oral was presented to and considered
by the Planning Commission during the aforesaid hearing.
NOW, THEREFORE, BE IT RESOLVED:
1. The suggested modifications to the CLUP amendment and the corresponding and
consistent changes to the General Plan and Zoning Code are minor in nature and do not
change intended uses or increase development intensity. The suggested modifications
related to building height are more restrictive than the previously approved CLUP and
Zoning Code amendments. The changes to the amendments do not represent a
significant change to the Lido House Hotel project as considered in the certified Lido
House Hotel EIR (SCH No. 2013111022). Therefore, all significant environmental
concerns for the proposed changes to the land use and zoning amendments have been
addressed in the previously certified environmental document.
2. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2012-002 as depicted in Exhibit B,
Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit C, and
Zoning Code Amendment No. CA 2012-003 as depicted in Exhibit D, which are attached
hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF NOVEMBER, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Chairman
BY:
Peter Koetting, Secretary
10
Planning Commission Resolution No.
Page 3 of 19
EXHIBIT A
Legal Description
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL1:
THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE
DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH
THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431
OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED
IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY
PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY
LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH
461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS
SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF
SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF
SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER
OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID
NORTHERLY LINE OF "THE HUDSON"495.33 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT
CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1404, PAGE130 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID
OFFICIAL RECORDS.
PARCEL2:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S
ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE
14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS
32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE
ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR
DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN
BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH
27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE
NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S
ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON"
11
Planning Commission Resolution No.
Page 4 of 19
TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY
ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN
BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED
BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH
0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET;
THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF
SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE
OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907,
AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH
89'1530" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3,
A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH
COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL4:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN
BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH
0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE
OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH
891530" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30"
EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT
BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
12
Planning Commission Resolution No.
Page 5 of 19
EXHIBIT B
General Plan Amendment No. GP2012-002 (PA2012-031)
A. Amend Table LU1 of the Land Use Element of the General Plan to add the
following land use category:
"Visitor-Serving Commercial, Lido Village (CV-LV)
The CV-LV category is intended to allow for a range of accommodations (e.g. hotels,
motels, hostels), goods, and services intended to primarily serve visitors to the City of
Newport Beach. A fire station is allowed in its current location. Limited Use Overnight
Visitor Accommodations and residences are not allowed."
B. Amend Table LU-2 to add Anomaly Location #85 as shown in the following
table:
Table LU2 Anomaly Locations
Anomaly Statistical Land Use Development Development Limit Additional Information
Number Area Designation Limits Other
Accessory commercial
floor area is allowed in
conjunction with a hotel
and it is included within
85 B5 CV-LV 98,725 sf of hotel the hotel development
limit. Municipal facilities
are not restricted or
included in any
development limit.
All existing provisions within Table LU-2 remain unchanged
13
Planning Commission Resolution No.
Page 6 of 19
C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard &
475 32nd Street only as depicted in the following diagram:
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All related maps or diagrams within the General Plan shall be amended to maintain
consistency with the new land use category and Anomaly Location #85 as shown
above. Additionally, any maps or diagrams within the General Plan that label the site
as "City Hall" shall be removed from the General Plan. Labeling the new City Hall
site as "City Hall" on any General Plan map or diagram is also authorized.
1.4
Planning Commission Resolution No.
Page 7 of 19
EXHIBIT C
Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031)
A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land
use category:
CategoriesTable 2.1.1-1 Land Use Plan
Land Use Category Uses Density/Intensity
The CV-LV category is intended to allow for
a range of accommodations (e.g. hotels, 98,725 gross square feet not
CV-LV motels, hostels), goods, and services including a fire station. A fire
Visitor-Serving intended to primarily serve visitors to the station may not occupy more
Commercial— City of Newport Beach. A fire station is than 10% of the total project
Lido Village allowed in its current location. Limited Use site.
Overnight Visitor Accommodations and
residences are not allowed.
All other existing provisions within Table 2.1.1-1 remain unchanged.
15
Planning Commission Resolution No.
Page 8 of 19
B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5-1, as it relates to 3300
Newport Boulevard & 475 32nd Street only as depicted in the following
diagram:
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All related maps or diagrams within the Coastal Land Use Plan shall be amended to
maintain consistency with the new land use category as shown above. Additionally,
any maps or diagrams within the Coastal Land Use Plan that label the site as "City
Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall
site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized.
1(
Planning Commission Resolution No.
Page 9 of 19
C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site:
"Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site):
• At least 75% of the total area of the site shall be 35 feet in height or lower.
• Buildings and structures up to 55 feet in height with the peaks of sloping roofs
and elevator towers up to 60 feet in height, provided it is demonstrated that
development does not adversely impact public views.
• Architectural features such as domes, towers, cupolas, spires, and similar
structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including architectural features,
shall not occupy more than 25 percent of the total area of the site.
• Buildings and structures over 45 feet in height, architectural features, shall not
occupy more than 15 percent of the total area of the site.
• With the exception of a fire station, all buildings and structures over 35 feet in
height, including architectural features, shall be setback a minimum of 60 feet
from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-
of-way.
• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height to
house and screen essential equipment."
17
Planning Commission Resolution No.
Page 10 of 19
EXHIBIT D
Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "CV-LV" Zoning District within Table 1-1 as follows with all other existing
provisions of Section 20.14.020 and Table 1-1 remaining unchanged.
Table 1-1 Commercial Zoning Districts
Zoning Map Zoning Districts General Plan Land Use Designations
Symbol Implemented by Zoning Districts
CV-LV Commercial Visitor-Serving, CV-LV (Visitor-Serving Commercial-
Lido Village Lido Village)
Section 2: Amend Section 20.20.010 (Purposes of Commercial Zoning
Districts) to add Subsection J as follows with all other existing provisions of Section
20.20.010 remaining unchanged:
J. The CV-LV (Commercial Visitor-Serving-Lido Village) zoning district. This district
applies to the former City Hall complex located at the northeast corner of the
intersection of Newport Boulevard and 32nd Street. The CV-LV designation
provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and
services intended to primarily serve visitors to the City of Newport Beach and a fire
station. Limited Use Overnight Visitor Accommodations and residential uses are not
allowed.
Section 3: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF
(Public Facilities) to CV-LV (Commercial Visitor-Serving—Lido Village) and establish
Anomaly #85 as depicted in the following table and map. All related zoning maps or
diagrams shall be amended to maintain consistency with the new zoning district.
Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall,"
said label shall be removed from the Zoning Map and labeling the site of the new City
Hall located at 100 Civic Center Drive as "City Hall" on any Zoning Map or diagram is
authorized.
Anomaly Development Development Limit(Other) Additional Information
Number UmItLsfl
Accessory commercial floor area is allowed in
conjunction with a hotel and it is included
85 98,725 sf of hotel within the hotel development limit.
Municipal facilities are not restricted or
included in any development limit.
12
Planning Commission Resolution No.
Page 11 of 19
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Planning Commission Resolution No.
Page 12 of 19
Section 4: Amend Subsection C of Section 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements) to add allowed uses and establish permit
requirements for the CV-LV zoning district within Table 2-5 as highlighted in yellow as
follows with all other existing provisions of Section 20.20.020 remaining unchanged.
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit(Section 20.52.020)
LTP Limited Term Permit(Section 20.52.040)
Not allowed
Land Use
See Part 7 of this title for Specific Use
land use definitions. CC CC CM CN CV CV-LV Regulations
See Chapter 20.12 for
unlisted uses.
Industry,Manufacturing and Processing,and Warehousing Uses
Handicraft Industry P P P P P P
Recreation,Education,and Public Assembly Uses
Assembly/Meeting Facilities CUP CUP CUP CUP CUP CUP
Commercial Recreation and CUP CUP CUP CUP CUP CUP
Entertainment
Cultural Institutions P P MUP — P —
Schools.Public and Private — CUP CUP CUP CUP —
Retail Trade Uses
Alcohol Sales(off-sale) MUP MUPMUP MUP MUP MUP Section
20.48.030
Alcohol Sales (off-sale), P P P P P P
Accessory Only
Bulk merchandise — P — P —
Marine Rentals and Sales
Boat Rentals and Sales — CUP CUP — CUP P
Marine Retail Sales P P P — P P
Retail Sales P P P P
Visitor-Serving Retail P P P
Service Uses Business,Financial,Medical,and Professio
ATM P P P P P P
Emergency Health Facility/Urgent MUP MUP — — MUP —
Care(above Ist floor only)
20
Planning Commission Resolution No.
Page 13 of 19
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit(Section 20.52.020)
LTP Limited Term Permit(Section 20.52.040)
Not allowed
Land Use
See Part 7 of this title for Specific Use
land use definitions. CC CG CM CN CV CV-LV Regulations
See Chapter 20.12 for
unlisted uses.
Financial Institutions and Related P P P P P
Services
Offices—Corporate (above 1st P P P P
floor only)
Offices—Business P P P P P P
Offices—Medical and Dental P P — P P —
Offices—Professional (above 1st P P P P P —
floor only)
Outpatient Surgery Facility MUP MUP P
(above 1 st floor only)
Service Uses—General i
Ambulance Services — MUP — — — —
Animal Sales and Services
Animal Boarding/Kennels CUP CUP — CUP Section
20.48.050
Animal Grooming P P P P Section
20.48.050
Animal Retail Sales P P — P P — Section
20.48.050
Veterinary Services CUP CUP CUP Section
20.48.050
Artists'Studios P P P P P P
Catering Services — P P P P —
Day Care,General mul' MUP — MUP MUP —
Eating and Drinking Establishments
Accessory Food Service P P P P P P Section
(open to public) 20.48.090
Bars, Lounges, and CUP CUP CUP CUP CUP — Section
Nightclubs 20.48.090
Fast Food (no late hours) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section
(1)(2) 20.48.090
22
Planning Commission Resolution No.
Page 14 of 19
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit(Section 20.52.020)
LTP Limited Term Permit(Section 20.52.040)
Not allowed
Land Use
See Part 7 of this title for Specific Use
land use definitions. CC CG CM CN CV CV-LV Regulations
See Chapter 20.12 for
unlisted uses.
Fast Food (with late hours) MUP MUP MUP MUP MUP MUP Section
(1) 20.48.090
Food Service(no alcohol,no P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section
Tate hours)(1)(2) 20.48.090
Food Service(no late hours) MUP MUP MUP MUP MUP MUP Section
(1) 20.48.090
Food Service (with late CUP CUP CUP CUP CUP CUP Section
hours)(1) 20.48.090
Take-Out Service, Limited P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section
(2) 20.48.090
Funeral Homes and Mortuaries, — MUP — — — —
without crematorium
Funeral Homes and Mortuaries, — CUP — — —with crematorium
Health/Fitness Facilities
Small 2,000 sq.ft.or less P P P P P P
Large—Over 2,000 sq.ft. MUP MUP MUP MUP MOP
Laboratories — P
Maintenance and Repair Services P P P —
Marine Services
Boat Storage — — CUP — —
Boat Yards — — CUP — — —
Entertainment and — — P — P P Title 17
Excursion Services
Marine Service Stations — — CUP — CUP —
Water Transportation — — MUP — MUP —
Services
Massage Establishments MUP MUP — MUP MUP MUP Chapter
5.50
Section
20.48.120
Massage Services,Accessory MUP MUP — MUP MUP MUP Section
22
Planning Commission Resolution No.
Page 15 of 19
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit(Section 20.52.020)
LTP Limited Term Permit(Section 20.52.040)
Not allowed
Land Use
See Part 7 of this title for Specific Use
land use definitions. CC CG CSM CN CV CV-LV Regulations
See Chapter 20.12 for
unlisted uses.
20.48.120
Nail Salons P P — P P P
Personal Services,General P P — P P P
Personal Services,Restricted MUP MUP — MUP MUP —
Studio P P — P P —
Postal Services P P — P P —
Printing and Duplicating Services P P — P — —
Recycling Facilities
Collection Facility—Small MUP MUP — MUP — — Section
20.48.160
Smoking Lounges
Visitor Accommodations
Bed and Breakfast Inns MUP MUP MUP — MUP CUP Section
20.48.060
Hotels and Motels CUP CUP CUP — CUP CUP
RV Parks — — — — CUP —
Time Share Facilities — CUP — — CUP — Section
20.48.220
SRO Residential Hotel CUP CUP CUP CUP CUP —
Transportation,Communications,and Infrastructure Uses
Crnmntmication Facilities MUP P MUP — P P
Marinas Title 17
Marina Support Facilities — — MUP — MUP —
Parking Facilities MUP MUP MUP MUP MUP MUP
Puking Structure. adjacent to CUP CUP — CUP CUP CUP
residential zoning district
23
Planning Commission Resolution No.
Page 16 of 19
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit(Section 20.52.020)
LTP Limited Term Permit(Section 20.52.040)
Not allowed
Land Use
See Part 7 of this title for Specific Use
land use definitions. CC CG CM CN CV CV-LV Regulations
See Chapter 20.12 for
unlisted uses.
Utilities,Minor P P P P P P
Utilities,Major CUP CUP CUP CUP CUP CUP
Wireless Telecommunication CUP/MUP/L CUP/MUP/L CUP/MUP/L CUP/MUP/L CUP/MUP/ CUP/MUP/ Chapter
Facilities TP TP TP TP LTP LTP 20.49
Vehicle Rental,Sale,and Service Uses
Vehicle/Equipment Rentals
General — CUP — — CUP
Office Only P P P P P
Limited P P P — P
Vehicles for Hire — CUP — — CUP
Vehicle/Equipment Repair
General — CUP — —
Limited MUP MUP MUP
Vehicle/Equipment Sales
General — CUP — — — —
Office Only P P P P P —
Limited — P — — — —
Vehicle/Equipment Services
Automobile — MUP — MUP MUP —
Washing/Detailing, full
service
Automobile P P — P MUP —
Washing/Detailing, self-
service or accessory
Service Stations CUP CUP CUP CUP Section
20.48310
Other Uses
�1
Planning Commission Resolution No.
Page 17 of 19
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit(Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit(Section 20.52.020)
LTP Limited Term Permit(Section 20.52.040)
Not allowed
Land Use
See Part 7 of this title for Specific Use
land use definitions. CC CG CM CN CV CV-LV Regulations
See Chapter 20.12 for
unlisted uses.
Accessary Structures and Uses P P P P P P
Drive-Through Facilities MUP MUP MUP MUP MUP — Section
20.48.080
Special Events Chapter 11.03
Outdoor Storage and Display P P P P P MUP Section
20.48.140
Temporary Uses LTP LTP LTP LTP LTP LTP Section
20.52.040
' Uses Not Listed.Land uses that are not listed in the table above,or are not shown in a particular zoning district,are not allowed,except as
otherwise provided by Section 20.12.020(Rules of Interpretation).
(1) Late Hours.Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m.any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred(500)feet,property line to property line,of any residential
zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
2.5
Planning Commission Resolution No.
Page 18 of 19
Section 5: Amend 20.22.030 (Commercial Zoning Districts General
Development Standards) to add development standards for the CV-LV zoning district
within Table 2-7 as highlighted in yellow as follows with all other existing provisions of
Section 20.20.030 remaining unchanged.
Additional
Development Feature CC CC CM CN CV CV-LV Requirements
Lot Dimensions Minimum dimensions required for each newly created lot
Lot Area(1) 5,000 sq.ft. 10,000 sq.ft. N/A 20,000 sq.ft. N/A 10,000 sq.ft.
Lot Width 25 ft. 50 ft. N/A 100 ft. N/A 50 ft.
Setbacks Minimum setbacks required for primary structures. See Section 20.30.110(D)(Allowed Encroachments into Setback
Areas)for setback measurement,allowed projections into setbacks,and exceptions.
Front 0 0 0 0 0 Newport Blvd:
1 ft.for below
grade structures
20 ft.for
structures up to 35
feet in height
60 ft.for
structures over 35
feet in height
Side(interior,each):
Abutting 0 0 0 0 0 1 ft.for below
nonresidential grade structures
5 ft.for above
grade structures
Abutting residential 5 it. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
Side(Street side) 0 0 0 0 0 32nd Street:
1 ft.for below
grade structures
1 ft,for structures
up to 35 feet in
height
70 ft.for
structures over 35
feet in height(4)
Via Oporto:
0
Rear:
Abutting an alley 10 ft. 10 it. 10 ft. 10 ft. 10 ft. 5 ft.
Not abutting an 0 0 0 0 0 0
alley
Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft.
Open Space N/A N/A N/A N/A N/A 20%
Bulkhead Setback Structures shall be set back a minimum of 10 ft.from the bulkhead in each zoning district.
Floor Area Ratio(2)(3) The specific floor area limitations for each zoning district are identified on the Zoning Map.
Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060(Height Limits and
Exceptions)for height measurement requirements. See Section 20.30.060(C)(Increase in Height Limit)for possible
increase in height limit.
Within Shoreline Height 26 ft.with flat roof;less than 3/12 pitch 55 ft.with flat 20.30.060
20
Planning Commission Resolution No.
Page 19 of 19
Additional
Development Feature CC CG CM CN CV CV-LV Requirements
Limit Zone 31 ft.with sloped roof,3/12 or greater pitch roof,less than
3/12 roof pitch See CLUP Policy
60 ft.with sloped 4.4.2-I
roof,3/12 roof
pitch or greater
(5)(6)
Not within Shoreline 32 ft.with flat roof;less than 3/12 pitch N/A
Height Limit Zone 37 ft.with sloped roof,3/12 or greater pitch
Within High Rise Height
Area (See Figure H-1, 300 N/A
attached to the ordinance
codified in this title).
Fencing See Section 20.30.040(Fences,Hedges,Walls,and Retaining Walls).
Landscaping See Chapter 20.36(Landscaping Standards).
Lighting See Section 20.30.070(Outdoor Lighting).
Outdoor Storage/Display See Section 20.48.140(Outdoor Storage,Display,and Activities).
Parking See Chapter 20.40(Off-Street Parking).
Signs See Chapter 20.42(Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19(Subdivisions).
(2) In the CG Zoning District,when 0.3/0.5 is shown on the Zoning Map,the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32n'Street do not apply to Fire Station No.2
(5) Architectural features such as domes,towers,cupolas,spires,and similar structures maybe up to 65 fret in height.
(6) Fire Station No.2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to houseand screen essential
equipment.
27
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Attachment No. 2
Coastal Commission action letter
2�°
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STATE OF CALIFORNIA-NATURAL RESOURCES AGENCY EDMUND G, BROWN, JR.,Governor
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CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate,Suite 1000
Long Beach,CA 90602-4302
(562)590-5071
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October 20, 2015 i
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City of Newport Beach City Council
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Major LCP Amendment Request No. 3-14 (LCP-5-NPB-14-0831-3)
Dear Councilpersons:
You are hereby notified that the California Coastal Commission, at its October 7, 2015 meeting in
Long Beach, certified,City of Newport Beach Local Coastal Program(LCP) Amendment No. 3-14
with suggested modifications. LCP Amendment No. 3-14, submitted with City Council Resolution
No. 2014-81, would amend the Coastal Land Use Plan to change the land-use designation(CLUP
Table 2.1.1-1 and Mapl) for the 4.25-acre former City Hall site located at 3300 Newport Boulevard,
and adopt limited exceptions to the 35-foot height limitation set forth in the Shoreline Height
Limitation Zone.
Pursuant to the Commission's action on October 7, 2015, certification of the City of Newport Beach
LCP Amendment No. 3-14 is subject to the attached suggested modifications (Attachment A).
Therefore, LCP Amendment No. 3-14 will not be effective for implementation in the City's coastal
zone until: 1)the City Council adopts the Commission's suggested modifications, 2) the City
Council forwards the adopted suggested modifications to the Commission by resolution, and, 3)the
Executive Director certifies that the City has complied with the Commission's October 7, 2015
action. The Coastal Act requires that the City's adoption of the suggested modifications be
completed within six months of the Commission's action.
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Thank you for your cooperation and we look forward to working with you and your staff in the
future. Please contact Amber Dobson at(562) 590-5071 with questions regarding the modifications
required for effective certification of the City of Newport Beach LCP Amendment No. 3-14.
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Sincerely,
10
Karl Schwing
District Manager
1
Attachment A: Suggested Modifications A-C
1 cc. Kimberly Brandt AICP,Community Development Director
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Attachment A
Certification of Land Use Plan Amendment No. 3-14 is subject to the following modifications
A through C. Text added by the suggested modification is bolded, and text suggested to be
deleted by the California Coastal Commission is stFuek thFaugh. Only those specific
subsections of the LUP for which modifications are being suggested are shown below.
A. Table 2.1:1-1 -Land Use Plan Categories
i
Modify Table 2.1.1-1 as follows:
Table 2.1.1-1 Land Use Plan Categories
Zand Use
?, Category
Uses Denstry/Intensity
The xvxv c@ccgocy is xnccn¢c¢co-piob i¢viox ¢cniff
c '
't
t��„yy
Syr' SY
I t .� i 1' r t � ' F ' r•�`
CV'LSV£ The CV-LV cafet=o'ry is intended'to allow for 7777-77-
98,725`gross square feet €
Visitor-Serving -_ a range of accommodations (e.e. hotels, het¬ including afire`
Woinmercial motels; hostels), goods, and services.intended -station. A fire station may.%
Tido Village to primarily serve visitors to the City of not occupy more than, , `?
Newnorf Beach: A fire station is allowed in its 10% of the total proteet
current location. Limited Use Overnight site.
Visitor Accommodations and residences are
not allowed.
Note: The CV-LV(Visitor Serving Commercial—Lido Village) category applies to the former City Hal
l
j Complex that includes Fire Station#2(3300 Newport Boulevard and 475 32" Street).
B. Coastal Land Use Plan Map 1,Figure 2.1.5-1
Modify Coastal Land Use Plan Map 1, Figure 2.1.5-1 (and any other related maps or diagrams
within the CLUP to maintain consistency with the new CV-LV land use category), as it relates to the
former City Hall Complex (3300 Newport Boulevard &475 32nd Street) to designate the former City
Hall Complex with the CV-LV (Visitor-Serving Commercial—Lido Village) land use designation.
Page 1 of 2
32
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C. Coastal Land Use Plan Policy 4.4.2-1 (Shoreline Height Limitation Zone)
Modify CLUP Policy 4.4.2-1, as follows:
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone,
as graphically depicted on Map 4-3, except for the following sites:
A. [Section A (Marina Park) is not currently before the Commission as part of this L UP
amendment. The height limit exception for Marina Park, as certified pursuant to City
of Newport Beach LCP Amendment No. 1-12, is contained in City Council Resolution
No. 2013-44, May 28, 2013.]
B- [Section B (Back Bay Landing) is not currently before the Commission as part of this
LUP amendment. The height limit exception for Back Bay Landing is the subject of
City of Newport Beach LCP Amendment No. 2-14, which will come before the
Commission at a future meeting.]
E; Nfi�Eed Use (NIU) area leealed at 3300 N&wTei4 Blvd Ne4 Geffiplex)
B. Former City Hall Complex at 3300 Newport Blvd and 475 32"a Street (the site):
• At least 75% of the total area of the site shall be 35 feet in height or lower.
• Buildings and structures up to 55 feet in height with the peaks of sloping roofs and
elevator towers up to 60 feet in height,provided it is demonstrated that
development does not adversely materially impact public views. gear
of reefs and elevator-tewers may exeeed 55 feet by up te 5 feet an
• Architectural features such as domes, towers, cupolas, spires, and similar structures
may exceed 55 c et by 10 feet be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including architectural features,
.shall not occupy more than 25 percent of the total area of the site. .
• Buildings and structures over 45 feet in height, architectural features, shall not
occupy more than 15 percent of the total area of the site.
i
• With the exception of a fire station,all buildings and structures over 35 feet in
height, including architectural features, shall be setback a minimum of 60 feet
j from the Newport Boulevard right-of-way and 70 feet from the 32"d Street right-
of-way.
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• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height to
house and screen essential equipment.
The purpose of allowing limited exceptions to the 35-foot height limit on this site is to
promote vertical clustering resulting in increased publically accessible on-site open space
and architectural diversity while protecting existing coastal views and providing new
coastal view opportunities.
j Page 2 of 2
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