HomeMy WebLinkAbout2016-8 - Approving Revised Planned Community Development Plan Adoption No. PC2011-001 for the Planned Community Known as Back Bay Landing (PA2011-216)ORDINANCE NO. 2016-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING REVISED
PLANNED COMMUNITY DEVELOPMENT PLAN ADOPTION
NO. PC2011-001 FOR THE PLANNED COMMUNITY KNOWN
AS BACK BAY LANDING (PA2011-216)
WHEREAS, on December 16, 2011, an application was filed by Bayside Village Marina,
LLC ("Applicant') with respect to an approximately 31 -acre parcel generally located north of
East Coast Highway and northwest of Bayside Drive, legally described as Parcel 1 of PM
93-111, (`Property") requesting approval of various legislative and related 'approvals to allow for
the future development of a mixed-use bayfront village comprising up to 94,035 square feet of
marine -related and visitor -serving commercial uses and up to 49 residential units ("Project').
The following approvals were requested or required to implement the Project as proposed:
a. General Plan Amendment (GPA) - To allow the development of residential units by
changing the land use designation of portions of the site from Recreational and Marine
Commercial (CM 0.5) to Mixed -Use Horizontal (MU -1-11). The amendment would also
change the designation of the 0.304 -acre lot line adjustment area currently designated as
Multiple Unit Residential (RM) to MU -1-11. In addition to the land use changes, the
amendment creates two new anomalies to reallocate 49 un -built residential dwelling units
from the adjacent mobile home park (Anomaly No. 81) to the project site (Anomaly
No. 80).
b. Coastal Land Use Plan Amendment (CLUPA) - To allow the development of residential
units by changing the land use designation of portions of the site from Recreational and
Marine Commercial (CM -13) to Mixed -Use Horizontal (MU -H). The amendment also
changes the designation of the 0.3 -acre lot line adjustment area currently designated as
Multiple Unit Residential (RM -C) to MU -H. In addition to the land use changes, the
amendment establishes a site-specific development policy and a height exception to the
35 -foot Shoreline Height Limit allowing for a single, 65 -foot -tall coastal public view tower.
C. Code Amendment - To amend the Zoning Map of the Zoning Code to expand the current
Planned Community District boundaries (PC -9) of the site to include: 1) the 0.304 -acre lot
line adjustment area zoned as Bayside Village Mobile Home Park Planned Community
(PC-1/MHP); and 2) the existing 0.642 -acre portion of the project site zoned as
Recreational and Marine Commercial (CM).
d. Planned Community Development Plan (PCDP) - Adoption of a Development Plan to
allow for the classification of land within the existing Planned Community boundaries and
establishment of development standards, design guidelines, and implementation of the
future project and long-term operation of all planning areas of the site.
e. Lot Line Adjustment (LLA) - To adjust the property boundaries between Parcel
(subject property) and Parcel 2 (adjacent Bayside Village Mobile Home Park) of Parcel
Map No. PM 93-111 to improve ingress and egress to the project site with a new
driveway.
Ordinance No. 2016-8
Page 2 of 7
f. Traffic Stud v - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of
the Municipal Code;
WHEREAS, the Property currently has General Plan designations of Recreational and
Marine Commercial (CM 0.5 and 0.3), Open Space (OS) and Tidelands and Submerged
Lands (TS), with a total maximum development of 139,680 square feet allowed in the 2006
General Plan;
WHEREAS, the Property is currently located within the Coastal Zone and has Coastal
Land Use Plan designations of Recreational and Marine Commercial (CM -A and CM -B),
Open Space (OS) and Tidelands and Submerged Lands (TS) in the City's Certified Coastal
Land Use Plan;
WHEREAS, the Property is currently located within the Planned Community zoning
district (PC -9) and within the Recreational and Marine (CM 0.3) zoning district for the portion
of Parcel 3 of Parcel Map 93-111 south of East Coast Highway;
WHEREAS, on November 7, 2013, the Planning Commission held a study session for
the Project in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport
Beach, on the Draft Environmental Impact Report (DEIR) and Project;
WHEREAS, the Planning Commission held a public hearing on December 19, 2013, in
the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California.
A notice of the time, place and purpose of the public hearing was provided in accordance with
the California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
(NBMC). The environmental documents for the Project comprising the DEIR, Final
Environmental Impact Report (FEIR) which consists of Responses to Comments, Corrections
and Additions to DEIR (collectively, the EIR), and Mitigation Monitoring and Reporting
Program (MMRP), the draft Findings and Facts in Support of Findings (Findings), staff report,
and evidence, both written and oral, were presented to and considered by the Planning
Commission at this hearing;
WHEREAS, on December 19, 2013, the Planning Commission adopted Resolution
No. 1928 by a unanimous vote of 7-0, recommending certification of the Back Bay Landing
FEIR (SCH No. 20121010034) and approval of the Project to the City Council;
WHEREAS, the City Council held a public hearing on February 11, 2014, in the City Hall
Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NBMC. The environmental documents for the Project comprising the DEIR, FEIR
which consists of Responses to Comments, Corrections and Additions to DEIR (collectively,
the EIR), and MMRP, the Findings, staff report, and evidence, both written and oral, were
presented to and considered by the City Council at this hearing;
WHEREAS, on February 11, 2014, the City Council adopted Resolution No. 2014-10
certifying the FEIR No. ER2012-003 (SCH No. 2012101003) to be in compliance with the
CEQA, the State CEQA Guidelines, and City Council Policy K-3 (Certified EIR);
Ordinance No. 2016-8
Page 3 of 7
WHEREAS, on February 11, 2014, the City Council adopted: Resolution No. 2014-11
approving General Plan Amendment No. GP2011-11; Resolution No. 2014-12 approving
Coastal Land Use Plan Amendment No. LC2011-007; Resolution No. 2014-13 approving
Traffic Study No. TS2011-003; and Resolution No. 2014-14 approving Lot Line Adjustment
No. 2011-003. These resolutions were adopted but not effective until the approval of
LC2011-011 by the California Coastal Commission becomes final;
WHEREAS, on February25, 2014, the City Council adopted Ordinance No. 2014-3
approving Code Amendment No. CA2013-009 and Ordinance No. 2014-4 approving Planned
Community Development Plan No. PC2011-001. These ordinances were adopted but not
effective until the approval of LC2011-011 by the California Coastal Commission becomes
final;
WHEREAS, on July 11, 2014, the California Coastal Commission received the City's
submittal of Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0820-2);
WHEREAS, on December 10, 2015, the California Coastal Commission certified the
City's application request (LCP-S- NPB-14-0820-2) with the suggested modifications to the
proposed CLUP amendment, including:
a. Modified the proposed CLUP land use category from Mixed -Use Horizontal (MU -H) to
Mixed Use Water -Related (MU -W). The primary difference between the two
designations is that the MU -H designation allowed free-standing residential while the
MU -W designation allows for the vertical mixed-use structures, where residential uses
are located above the ground floor. Freestanding residential units are prohibited.
b. Eliminated a proposed height exception to the 35 -foot Shoreline Height Limitation
Zone under CLUP Policy 4.4.2-1 for a single, up to 65 -foot tall coastal public view
tower.
C. Included new site specific CLUP Policies 2.1.9-2 and 2.1.9-3 requiring that the
proposed public bayfront pedestrian promenade be continuous along the waterfront
and connect the sidewalks along East Coast Highway at one end, to and along the
shoreline of Back Bay Landing and the waterfront accessway adjacent to the
mobilehome development on Parcel of Parcel Map 93-111 to the waterfront
pedestrian access at the Newport Dunes recreation area at the other (eastern) end).
d. Included a new site specific CLUP Policy 2.1.9-4 requiring that a hazards assessment
of the potential for erosion, flooding, and/or damage from natural forces be prepared
and submitted as part of the future site development review/coastal development
permit application phase of the project.
e. Included a new site specific CLUP Policy 2.1.9-5 requiring the preparation and
implementation of a shoreline management plan for the development and shoreline
areas of the site subject to tidal action, flooding, wave hazards and erosion
f. Required CLUP Coastal Access and Recreation Map 3-1 be revised to illustrate the
proposed bayfront promenade as a future waterfront public access trail and Bikeways
Ordinance No. 2016-8
Page 4 of 7
and Trail Map 2 to be revised to illustrate the proposed bike lane and trail
improvements on Bayside Drive;
WHEREAS, as a result of the Coastal Commission's action, the applicant is proposing
General Plan, Coastal Land Use Plan, Code Amendment, and Planned Community
Development Plan Amendments to modify the 2014 Council -approved land use designations
and zoning regulations to make them consistent with Coastal Commission's approval on
December 10, 2015 of the Coastal Land Use Plan Amendment with Suggested Modifications
and to expand the land use boundaries and amend the land use designations on the site to
include the revised 0.387 -acre lot line adjustment area;
WHEREAS, a revised Lot Line Adjustment has been requested by the applicant to
adjust the property boundaries between Parcel 3 (subject property) and Parcel 2 (adjacent
Bayside Village Mobile Home Park) of Parcel Map No. PM 93-111 to improve ingress and
egress to the project site with a new driveway. The revision increases the lot line adjustment
area from 0.304 -acres to 0.387 -acres;
WHEREAS, a revision to the "Permitted Uses" (Table 2) section (Section III) of the
Planned Community Development Plan to allow "Wastewater Pump Station" as a permitted use
in Planning Area 2, as well as Planning Area 1, will allow greater flexibility in any potential
relocation of the Orange County Sanitation District's Bay Bridge Pump Station;
WHEREAS, on March 17, 2016, the Planning Commission held a public hearing in the
City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at
which time the Planning Commission considered the modifications of the Amendments as a
result of the Coastal Commission's action, and the applicant's request to revise the LLA and the
PCDP, the Certified EIR, and Addendum. A notice of the time, place and purpose of the
aforesaid hearing was provided in accordance with the NBMC. Evidence both written and oral
was presented to and considered by the Planning Commission during this hearing;
WHEREAS, on March 17, 2016, the Planning Commission adopted Resolution No.
2015 by a unanimous vote of 5-0, recommending adoption of the Addendum to the Back Bay
Landing Certified EIR, modifications to the previously approved Project, and Lot Line
Adjustment No. LA2016-003 to the City Council;
WHEREAS, the City Council held a public hearing April 12, 2016, in the City Hall
Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of this hearing was provided in accordance with CEQA and the
NBMC. The environmental documents for the Project comprising the FEIR, the Findings and
Facts in Support of Findings (Findings), Addendum, staff report, and evidence, both written
and oral, were presented to and considered by the City Council at the scheduled hearing;
WHEREAS, the Back Bay Landing FEIR (SCH No. 20121010034) was prepared for
the Project in compliance with the CEQA, the State CEQA Guidelines, and City Council
Policy K-3;
WHEREAS, the City Council, having final approval authority over the Project, adopted
and certified as complete and adequate the Back Bay Landing FEIR, and adopted "Findings
Ordinance No. 2016-8
Page 5 of 7
and Facts in Support of Findings for the Back Bay Landing Project Final Environmental
Impact Report" (CEQA Findings) containing within Resolution No. 2014-10 on February 11,
2014, which are hereby incorporated by reference (Certified EIR);
WHEREAS, on the basis of the entire environmental review record, the proposed
Project will have a less than significant impact upon the environment with the incorporation of
mitigation measures;
WHEREAS, the mitigation measures identified in the FEIR are feasible and reduce
potential environmental impacts to a less than significant level. The mitigation measures
would be applied to the Project through the MMRP;
WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, if changes
occur to a project or its circumstances, or if new information becomes available after
certification of an EIR, an addendum to the certified EIR may be prepared when the City is
not required to prepare a subsequent environmental impact report to review the changes or
new information;
WHEREAS, the City has prepared an Addendum to the Certified EIR, consistent with
the requirements of CEQA, for the Back Bay Landing project to analyze the potential
differences between the impacts in the Certified EIR and those that would be associated with
the requested modifications to the Amendments resulting from the Coastal Commission's
action;
WHEREAS, the City Council, having final approval authority over the Project, adopted
and certified as complete and adequate the Addendum to the Back Bay Landing Certified EIR
for reasons set forth in the Addendum and Resolution No. 2016-43 on April 12, 2016, which
are hereby incorporated by reference;
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In addition,
project opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and
bear the responsibility for any costs, attorneys' fees and damages which may be awarded to
a successful challenger; and
WHEREAS, the proposed Project is consistent with the goals and policies of the
Newport Beach General Plan and Coastal Land Use Plan. The City Council concurs with the
conclusion of the consistency analysis of the proposed Project with these goals and policies
provided in the Back Bay Landing FEIR (SCH No. 20121010034).
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2016-8
Page 6 of 7
Section 2: The City Council of the City of Newport Beach hereby rescinds
Ordinance No. 2014-4 as it is no longer consistent with the California Coastal Commission's
certification of LCP-5-NPB-14-0820-2 due to suggested modifications.
Section 3: The Back Bay Landing Planned Community Development Plan (PCDP)
is adopted to allow for the classification of land within the Planned Community boundaries,
establishment of development standards, design guidelines, and implementation of the
Project and long-term operation of all planning areas of the Property, as depicted in Exhibit
"A" attached hereto and incorporated by reference.
Section 4: Use Permit Nos. UP1481, UP1667, and UP1943, which currently entitle
PC -9, shall be superseded by the Back Bay Landing PCDP, and of no further effect, upon the
first building permit issued consistent with the Back Bay Landing PCDP.
Section 5: 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,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. This ordinance shall be published pursuant to City Charter Section 414 and shall
become final and effective upon the effective date of approval by the California Coastal
Commission of the Coastal Land Use Plan Amendment (LC2011-011).
EXHIBIT A
PLANNED COMMUNITY DEVELOPMENT PLAN ADOPTION PC2011-001
Back Bay Landing
PLANNED COMMUNITY
DEVELOPMENT PLAN (PC -9)
Prepared February 11, 2014
Adopted February 25, 2014, Ordinance No. 2014-4 (PA2011-216)
Amended April 26, 2016, Ordinance No. 2016-
TABLE OF CONTENTS
SECTION
Page Number
1. Introduction and Purpose of the Planned Community
Development Plan(PCDP).............................................................................
1
2. Development Limits and Land Use Plan .........................................................
4
3. Permitted Uses...............................................................................................
7
4. Development Standards.................................................................................
8
5. Design Guidelines..........................................................................................
21
6. Phasing..........................................................................................................
29
7. Back Bay Landing PCDP Implementation/Site Development
Review ............ 30
8. Definitions.......................................................................................................
34
TABLE
Page Number
1. Development Limits by Planning Area............................................................
4
2. Permitted Uses...............................................................................................
7
3. Parking Requirements....................................................................................
13
EXHIBIT (See Appendix)
Page Number Reference
1. Location Map..................................................................................................
1
2. Planning Areas., .............................................................................................
1
3. Building Heights..............................................................................................
10
4. Seawall/Bulkhead Section..............................................................................
14
5. Public Spaces.................................................................................................
16
6. Coastal Access and Regional Trail Connections ............................................
16
7. Vehicular Circulation.......................................................................................
17
Back Bay Landing PCDP ii
TABLE OF CONTENTS
(Continued)
EXHIBIT (See Appendix) Page Number Reference
8. Revised Vehicular Circulation and Parking ..................................................... 17
9. Utilities Plan.................................................................................................... 19
10. Drainage Plan................................................................................................. 19
11. Architectural Theme....................................................................................... 22
12. Conceptual Site and Landscape Plan............................................................. 22
13. East Coast Highway View Corridors............................................................... 22
14. Parking Plan................................................................................................... 26
Back Bay Landing PCDP iii
LIST OF ACRONYMS
ABC
California State Department of Alcoholic Beverage Control
CDP
Coastal Development Permit
CLUP
Coastal Land Use Plan
CM
Recreational and Marine Commercial
CUP
Conditional Use Permit
ESA
Environmental Study Area
ESHA
Environmentally Sensitive Habitat Area
LID
Low Impact Development
HHW
Highest High Water
MLLW
Mean Lower Low Water
MU -W2
Mixed -Use Water -Related 2 (General Plan Designation)
MU -W
Mixed -Use Water -Related (CLUP Designation)
NAVD 88
North American Vertical Datum of 1988
OCSD
Orange County Sanitation District
OCTA
Orange County Transportation Authority
PC -9
Back Bay Landing Planned Community
PCDP
Planned Community Development Plan
WQMP
Water Quality Management Plan
Back Bay Landing PCDP iv
I. Introduction and Purpose of the Planned
Community Development Plan (PCDP)
A. Introduction
The Back Bay Landing site is envisioned to be developed as an integrated,
mixed-use waterfront village on an approximately 7 -acre portion of a 31.5 -acre
parcel located adjacent to the Upper Newport Bay in the City of Newport Beach.
The City of Newport Beach Municipal Code allows a Planned Community
Development Plan (PCDP) to address land use designations and regulations in
Planned Communities. The Back Bay Landing PCDP serves as the controlling
zoning ordinance for the site and is authorized and intended to implement the
provisions of the Newport Beach General Plan and Coastal Land Use Plan.
The Back Bay Landing PCDP Design Guidelines provide a comprehensive vision
of the physical implementation of the project and have been drafted to assist the
City and community to visualize the architectural theme and desired character of
the development.
B. Project Location
The Back Bay Landing Planned Community (PC -9) is located within the City of
Newport Beach, in Orange County, California. The approximately 7 -acre primary
project area is generally located north of East Coast Highway and northwest of
Bayside Drive in the western portion of the City, as shown on Exhibit 1, Location
Map. The project area is bounded by the Upper Newport Back Bay to the north
and west, the Newport Dunes Waterfront Resort and the Bayside Village Mobile
Home Park to the east, East Coast Highway and various marina commercial and
restaurant uses south of the Highway to the southeast. As shown on Exhibit 2,
Planning Areas, the Back Bay Landing Planned Community is comprised of five
distinct Planning Areas: Mixed -Use Area (PA 1), Recreational and Marine
Commercial (PA 2), Existing Private Marina Access and Beach (PA 3), Marina
and Bayside Village Mobile Home Park Storage and Guest Parking (PA 4), and
Submerged Fee -Owned Lands (PA 5).
C. Purpose and Objectives
The purpose of the PCDP is to establish appropriate zoning regulations
governing land use and development of the site consistent with the City of
Newport Beach General Plan and Coastal Land Use Plan. The PCDP provides a
vision for the land uses on the site, sets the development standards and design
guidelines for specific project approvals at the Site Development Review and
Coastal Development Permit (CDP) approval stage, and regulates the long term
operation of the developed site.
Back Bay Landing PCDP
Implementation of the PCDP will:
- Provide a high quality mixed-use, marine -related, visitor -serving
commercial development with integrated residential units and a unified
architectural and landscape theme.
- Implement the MU -W2 (Mixed Use Water -Related 2) General Plan and
MU -W (Mixed Use Water Related) Coastal Land Use Plan categories on
an underutilized bayfront location in a manner that provides for
commercial development on or near the bay in a manner that will
encourage the continuation of coastal -dependent and coastal -related land
uses and visitor -serving uses, as well as allow for the development of
mixed-use structures with residential uses above the ground floor.
Freestanding residential uses shall be prohibited.
- Maintain and expand core coastal dependent and coastal -related land
uses, including the development of marina parking and enclosed dry stack
boat storage and launching facility.
- Provide new housing opportunities in response to demand for housing,
reduce vehicle trips and encourage active lifestyles by increasing the
opportunity for residents to live in proximity to jobs, services,
entertainment, and recreation.
- Protect and enhance significant visual resources from identified public
vantage points, such as Coast Highway, Castaways Park, and Coast
Highway -Bay Bridge, to the bay and the cliffs of upper Newport Beach
through view corridors designed into the project. New public view
opportunities will be created on-site.
- Expand bayfront access to and along the bay where it does not exist at
the present time, in a manner that protects environmental study areas
(ESA) and/or environmentally sensitive habitat areas (ESHA) and does
not adversely impact existing private residences adjacent to the site.
- Provide continuous public coastal access with a new minimum 12 -foot -
wide bayfront access promenade along the bayfront edge of Planning
Areas 1, 2, and 3. This new, public bayfront promenade will link the public
docks and marina property south of the Coast Highway -Bay Bridge along
the bayfront, to the Newport Dunes recreational area. In addition, bike
lanes and pedestrian access will be provided along Bayside Drive from the
intersection of Bayside Drive/East Coast Highway intersection running
northerly to the terminus of Bayside Drive at the Newport Dunes
recreational area.
Back Bay Landing PCDP 2
D. Relationship to the Newport Beach Municipal Code
Whenever the development regulations contained in this PCDP conflict with the
regulations of the Newport Beach Municipal Code, the regulations contained in
this PCDP shall take precedence. The Municipal Code shall regulate all
development within the PCDP when such regulations are not provided within the
PCDP. All construction within the Back Bay Landing PCDP (PC -9) shall be in
compliance with the California Building Code, California Fire Code, and all other
ordinances adopted by the City pertaining to construction and safety features. All
words and phrases used in this Back Bay Landing PCDP shall have the same
meaning and definition as used in the City of Newport Beach Zoning Code unless
defined differently in Section VIII, Definitions.
E. Relationship to Design Guidelines
Development within the site shall be regulated by both the Development Plan
and the Design Guidelines.
Back Bay Landing PCDP
II. Development Limits and Land Use Plan
The development limits in this Development Plan are consistent with those established
by the General Plan and are identified in the following Table 1, Development Limits by
Planning Area. Parking structures, carts, kiosks, temporary and support uses are
permitted and are not counted towards square footage development limits. In addition,
the OCSD wastewater pump station shall not be counted towards square footage
development limits.
Table 1
Development Limits by Planning Area' Z
Land Use
Planning
Planning
Planning
Planning
Planning
Total Per
Area 1
Area 2
Area 3
Area 4
Area 5
Land Use
Commercial
49,144 sf
8,390 sf
0
4,000 sf
0
61,534 sf
Residential
49 du
0
0
0
0
49 du
(85 644 sf)
(85,644 sf)
Marina
0
0
0
0
220 wet
220 wet slips
slips
Dry SSttaack
32oat,500 sf
0
0
0
0
32,500 sf
Storage
(140 spaces)
(140 spaces)
TOTAL
179,679 SF
Notes:
(1) All limits expressed as "sr are gross square feet as defined in the Newport Beach Zoning Code.
(2) Development limits are subject to General Plan Land Use Plan and Table LU2, Anomaly Caps.
A. Planning Area 1 — Mixed -Use Area
The primary land -side parcel immediately north of East Coast Highway to the
northwest is intended to allow commercial development on or near the bay in a
manner that will encourage the continuation of coastal -dependent and coastal -
related land uses and visitor -serving uses, as well as allow for the development
of mixed-use structures with residential uses above the ground floor.
Freestanding residential uses shall be prohibited.. Priority uses include retail,
restaurants, boat storage, marine and boat sales, boat rentals, boat
service/repair, and recreational commercial uses such as kayak and paddle
board rentals.
Back Bay Landing PCDP 4
The total gross floor area of Planning Area 1 shall be limited to 49,144 square
feet of marine -related and visitor -serving commercial and recreational uses; a
new 32,500 -square foot full-service and fully enclosed dry stack boat storage (up
to a maximum of 140 boat spaces) and launching facility; and a maximum of 49
residential units within a maximum of 85,644 square feet of residential floor area.
Development shall incorporate amenities that assure bayfront access for coastal
visitors, including the development of a minimum 12 -foot -wide public pedestrian
and bicyclist promenade along the waterfront with connections to existing
regional trails and paths, an enclosed dry stack boat storage facility, public
plazas and open spaces that provide public views and view corridors, and
construction of a coastal public view tower.
Any mixed-use development that includes integration of residential units shall be
subject to the following additional development limitations:
1. A minimum of 50 percent of the total proposed gross floor area located
within Planning Area 1 and 4 shall be limited to non-residential uses.
This non-residential use may consist of any combination of visitor -
serving retail, restaurants, marine boat sales, office, and/or enclosed
dry stack boat storage.
2. At minimum, a total of 68,955 square feet of non-residential gross floor
area shall be developed within Planning Area 1 and 4.
3. The enclosed boat storage, public promenade and public plazas shall
be sited adjacent to the bayfront, with public launch area and boat
storage on the western/northwestern bayfront edge of the site,
adjacent to the existing Pearson's Port seafood market. .
B. Planning Area 2 - Recreational and Marine Commercial
Planning Area 2 is located immediately south of the Coast Highway -Bay Bridge
and is intended to be developed with recreational and marine -related commercial
uses. The total gross floor area of Planning Area 2 shall be limited to 8,390
square feet.
Development shall incorporate a minimum 12 -foot -wide public pedestrian and
bicyclist promenade along the waterfront with connections to existing and/or
planned regional trails and paths, and open spaces that provide public views and
view corridors. An integrated connection to the planned public/private marina,
pier, and trail to the south shall be developed.
Back Bay Landing PCDP 5
C. Planning Area 3 — Existing Private Marina Access and
Beach
Planning Area 3 consists of an existing narrow strip of private marina access
walkway and non -publicly accessible beach area located between the Bayside
Village Mobile Home Park and Bayside Marina, which provides marina lessee
access to private boat slips and docks. Development shall incorporate a
minimum 12 -foot -wide public pedestrian and bicyclist promenade within the
existing marina access walkway and also across the private beach/submerged
fee owned land with the width necessary to complete a continuous connection to
the existing or planned regional trails and paths, and to the Newport Dunes
recreational area. Allowed improvements shall be limited to public promenade,
guardrails, seawall/bulkhead replacement, landscaping, screening and lighting.
No other development shall occur within this walkway and the beach area.
D. Planning Area 4 — Marina and Bayside Village Mobile Home
Park Storage and Guest Parking
Planning Area 4 is a narrow strip of land located on the eastern project boundary
and development shall be limited to a gross floor area of 4,000 square feet. This
area is intended to be re -used primarily as standard sized parking for residents
and guests of the Bayside Village Mobile Home Park. Additional standard sized
parking will be provided for the Bayside Village Marina tenants. New
replacement storage, replacement restrooms, laundry facilities and lockers will
be built for the Bayside Village Mobile Home Park and Marina tenants. A new
replacement gate entry for this area is allowed. Development shall incorporate a
minimum 12 -foot -wide public pedestrian and bicyclist promenade with the width
necessary to complete a continuous connection to the existing or planned
regional trails and paths, and to the Newport Dunes recreational area. No other
uses shall be allowed in this storage/parking/facilities area.
E. Planning Area 5 - Submerged Fee -Owned Lands
This fee -owned submerged land area consists of an existing 220 -slip marina and
is bordered by the earthen De Anza Bayside Marsh Peninsula. The De Anza
Bayside Marsh Peninsula was originally constructed with dredging spoils and rip -
rap as fill to provide a protected harbor and overflow parking for the Bayside
Marina. No new development shall occur within the De Anza Bayside Marsh
Peninsula. A small gravel parking and access road currently exists on the
eastern portion of the peninsula and is used for overflow parking for the marina.
The existing gravel parking lot shall not be expanded in area or paved; however,
maintenance activities shall be permitted. The marina shall be regulated by Title
17 of the Newport Beach Municipal Code.
Back Bay Landing PCDP 6
III. Permitted Uses
Permitted uses are those uses set forth in this Section for each Planning Area as shown
on Table 2, Permitted Uses. The uses identified within the table are not comprehensive
but rather major use categories. Specific uses are permitted consistent with the
definitions provided in Section VIII of this PCDP. Uses determined to be accessory or
ancillary to permitted uses, or uses that support permitted uses are also permitted. The
Community Development Director may determine other uses not specifically listed
herein are allowed, provided they are consistent with the purpose of this PCDP,
Planning Areas, and are compatible with surrounding uses. The initial construction of
any new structure, or the significant reconstruction or major addition, shall be subject to
Site Development Review pursuant to Section VI I of this PCDP.
Back Bay Landing PCDP 7
Table 2
Permitted Uses
Uses
Plannln Areas
Planning
Area 1
Planning
Area 2
Planning
Area 3
Planning
Area 4
Planning
Area 5
Commercial Recreation and
Entertainment
CUP
Cultural Institution
P
P
Eating and Drinking Establishments
Bar, Lounge, and Nightclubs
Fast Food No Drive Thru
P.
Food Service, No Late Hours
P*
Food Service, Late Hours
CUP
Take -Out Service, Limited
P
P
Take -Out Service, Only
P
P
Marina
MC Title 17
Marina Support Facilities
P
P
P
Marine Rentals and Sales
Marine Retail Sales
P
P
Boat Rentals and Sales
MUP
MUP
Marine Services
MUP
MUP
Entertainment and Excursion
Vessels
CUP
Office
P
P
Personal Services
General
P
Restricted
MUP
Residential Located above 1s floor
P
Visitor -Serving Retail
P.
P.
Utilities
Wastewater Pump Station
P
P
P=Permitted
CUP=Conditional Use Permit
MUP=Minor Use Permit
*=A Minor Use Permit is required for the sale of alcohol
Not Permitted
Back Bay Landing PCDP 7
IV. Development Standards
The following site development standards shall apply:
A. Setback Requirements
Setbacks are the minimum distance from the property line to building or
structure, unless otherwise specified.
1. Street Setback
a) East Coast Highway - 0 feet (provided a minimum 10 -foot
landscape buffer is provided to the back of sidewalk)
b) Coast Highway -Bay Bridge - 20 feet to edge of bridge (public
access connections, kayak/paddleboard rentals, storage, and
launch uses may be permitted within this setback and beneath
the bridge, subject to Site Development Review).
c) Bayside Drive - 5 feet
2. Perimeter Setback
a) Abutting Non-residential - 0 feet
b) Abutting Existing Residential - 25 feet, except:
i. In Planning Area 1, public restrooms and marina lockers
may provide a minimum 5 -foot setback.
ii. In Planning Area 4, a minimum 5 -foot setback may be
provided.
3. Bayfront Setback
a) Bulkhead - 15 feet from constructed bulkhead wall to allow for a
minimum 12 -foot -wide public bayfront promenade and a
minimum 3 -foot -wide landscape area.
b) No Bulkhead
i. In Planning Area 1, 15 feet from the Highest High Water
contour elevation noted as 7.86' above Mean Lower low
Water (0.0') or 7.48'/NAVD 88 to allow for a minimum 12 -
foot -wide public bayfront promenade and a minimum 3 -foot -
wide landscape area.
Back Bay Landing PCDP 8
ii. In Planning Area 2, 15 feet from contour elevation 10 (NAVD
88) to allow for a minimum 12 -foot -wide public bayfront
promenade and a minimum 3 -foot -wide landscape area.
4. Setback Encroachments
a) Fences, Walls, and Hedges
Permitted within the Perimeter Setback Abutting Existing
Residential up to a maximum height of 8 feet.
ii. Within Bayfront Setback, see subsection c. below.
iii. Permitted in all other setback areas up to a maximum
height of 42 inches.
b) Architectural Features
Roof overhangs, brackets, cornices and eaves may
encroach 30 inches into a required Perimeter Setback
area, provided a minimum vertical clearance above grade
of 8 feet is maintained.
ii. Decorative architectural features (e.g., belt courses,
ornamental moldings, pilasters, and similar features) may
encroach up to 6 inches into any required Perimeter
Setback.
c) Bayfront Setback
i. Benches, sculptures, light standards, hedges, open
guardrails and safety features, and other similar features
that enhance the public bayfront promenade may
encroach into the bayfront setback, provided a 12 -foot -
wide clear path is maintained.
d) Other- Other encroachments may be permitted through the Site
Development Review.
B. Permitted Height of Structures
1. Building Height
The maximum allowable building height shall be 35 feet for structures with
flat roofs and 40 feet for structures with sloped roofs (minimum 3:12 pitch),
except as follows:
Back Bay Landing PCDP 9
a) As illustrated on Exhibit 3, Building Heights, 100 feet from back of
curb along Bayside Drive within the eastern portion of Planning Area
1, maximum allowable building height shall not exceed 26 feet for
flat roofs and 31 feet for sloped roofs.
b) Within Planning Area 1, maximum allowable height for any parking
structure shall not exceed 30 feet for flat roofs and 35 feet for sloped
roofs.
c) Maximum allowable building height within Planning Area 2 shall not
exceed 26 feet for flat roofs and 31 feet for sloped roofs.
d) Within Planning Area 4, maximum allowable building height shall not
exceed 20 feet for flat roofs and 25 feet for sloped roofs.
e) All other exceptions to height shall be regulated pursuant to Section
20.30.060.D of the Newport Beach Municipal Code.
2. Grade for the Purposes of Measuring Height
a) Within Planning Area 1, height shall be measured from the
established baseline elevation of either 11 feet or 14 feet (NAVD 88)
as illustrated on Exhibit 3, Building Heights, or as determined by the
Sea Level Rise and Shoreline Management Plan.
b) Within Planning Area 2, height shall be measured from the
established baseline elevation of 12 feet (NAVD 88)
c) Within Planning Area 4, height shall be measured from the
established baseline elevation of 12 feet (NAVD 88)
C. Residential Units
Open Space
a) Common Open Space - A minimum of 75 square feet per dwelling
shall be provided for common -open space (e.g., pool, patio, decking,
and barbecue areas, common meeting rooms, etc.). The minimum
dimension (length and width) shall be 15 feet. The common open
space areas shall be separated from non-residential uses on the site
and shall be sited and designed to limit intrusion by non-residents
and customers of non-residential uses. However, sharing of
common open space may be allowed, subject to Site Development
Review, when it is clear that the open space will provide a direct
Back Bay Landing PCDP 10
benefit to project residents. Common open space uses may be
provided on rooftops for use only by project residents.
b) Private Open Space - Five percent of the gross floor area for each
unit. The minimum dimension (length and width) shall be 6 feet.
The private open space shall be designed and located to be used by
individual units (e.g., patios, balconies, etc.).
2. Non-residential Use Required on Ground Floor - All of the ground
floor frontage of a mixed-use structure shall be occupied by retail
and other compatible non-residential uses, with the exception of
common/shared building entrances for residences on upper floors.
3. Sound Mitigation An acoustical analysis report, prepared by an
acoustical engineer, shall be submitted describing the acoustical
design features of the structure that will satisfy the exterior and
interior noise standards. The residential units shall be attenuated in
compliance with the report.
4. Buffering and screening - Buffering and screening shall be
provided in compliance with Municipal Code Section 20.30.020
(Buffering and Screening). Mixed-use projects shall locate loading
areas, parking lots, driveways, trash enclosures, mechanical
equipment, and other noise sources away from the residential
portion of the development to the greatest extent feasible.
5. Notification to owners and tenants - A written disclosure
statement shall be prepared prior to sale, lease, or rental of a
residential unit within the development. The disclosure statement
shall indicate that the occupants will be living in an urban type of
environment and that the noise, odor, and outdoor activity levels
may be higher than a typical suburban residential area. The
disclosure statement shall include a written description of the
potential impacts to residents of both the existing environment (e.g.,
noise from boats, planes, commercial activity on the site and
vehicles on Coast Highway) and potential nuisances based upon the
allowed uses in the zoning district. Each and every buyer, lessee, or
renter shall sign the statement acknowledging that they have
received, read, and understand the disclosure statement. A
covenant shall also be included within all deeds, leases or contracts
conveying any interest in a residential unit within the development
that requires: (1) the disclosure and notification requirement stated
herein; (2) an acknowledgment by all grantees or lessees that the
property is located within an urban type of environment and that the
noise, odor, and outdoor activity levels may be higher than a typical
suburban residential area; and (3) acknowledgment that the
Back Bay Landing PCDP 11
covenant is binding for the benefit and in favor of the City of Newport
Beach.
6. Deed notification - A deed notification shall be recorded with the
County Recorder's Office, the form and content of which shall be
satisfactory to the City Attorney. The deed notification document
shall state that the residential unit is located in a mixed-use
development and that an owner may be subject to impacts, including
inconvenience and discomfort, from lawful activities occurring in the
project or zoning district (e.g., noise, lighting, odors, high pedestrian
activity levels, etc.).
D. Parking Requirements
General Standards
Parking requirements are shown in the following Table 3, Parking
Requirements, per land use. Kiosks for retail sales shall not be
included in the calculation of parking.
Back Bay Landing PCDP 12
Table 3
Parking Requirements
Land Use
Parking Ratio
Boat Rentals and Sales
As established per MUP
Eating and Drinking
Establishments
1 space per 30 to 50 SF of Net Public
Area"
Take -Out Service, Limited
1 space per 250 square feet
Marina Support Facilities
0.5 spaces per 1,000 SF
Marina Wet Slips
0.6 spaces per slip
Marine Services
Enclosed Dry Stack Boat
Storage
0.33 spaces per slip
Entertainment and
Excursion Services
1 per each 3 passengers and crew
members or as required by MUP
Other
As established per MUP
Office
1 space per 250 square feet
Medical Office
1 space per 200 square feet
Residential Units (Attached)
2 spaces per unit, plus
0.5 resident guest spaces per unit
Retail Sales
1 space per 250 square feet
Other
Municipal Code
Including outdoor dining, but excluding first 25% or 1,000 SF of outdoor
dining per restaurant, whichever is less.
2. Parking Management Plan
Off-street parking requirements may be reduced with the approval
of a Conditional Use Permit based upon complementary peak hour
parking demand of uses within the development. The Planning
Commission may grant a joint -use of parking spaces between uses
that result in a reduction in the total number of required parking
spaces in compliance with the following conditions:
a) The most remote space is located within a convenient distance
to the use it is intended to serve.
b) The probable long-term occupancy of the structures, based on
their design, will not generate additional parking demand.
Back Bay Landing PCDP 13
c) The applicant has provided sufficient data, including a parking
study if required by the Director, to indicate that there is no
conflict in peak parking demand for the uses proposing to make
joint -use of parking facilities.
d) The property owners, if more than one, involved in the joint -use
of parking facilities shall record a parking agreement approved
by the Director and City Attorney. The agreement shall be
recorded with the County Recorder, and a copy shall be filed
with the Department.
e) A parking management plan shall be prepared to address
potential impacts associated with a reduction in the number of
required parking spaces.
3. Access, location, and improvements. Access, location, parking
space and lot dimensions, and parking lot improvements shall be in
compliance with the Development Standards for Parking Areas
Section of the Municipal Code.
E. Landscaping
A detailed landscape and irrigation plan shall be prepared by a licensed
landscape architect and submitted with the Site Development Review application.
All landscaping shall comply with the applicable landscaping requirements
specified in the Municipal Code, including the Landscaping Standards and
Water -Efficient Landscaping Sections. In addition, vegetated landscaped areas
shall only consist of native plants or non-native drought tolerant plants, which are
non-invasive. No plant species listed as problematic and/or invasive by the
California Native Plant Society, the California Invasive Plant Council, or as may
be identified from time to time by the State of California shall be employed or
allowed to naturalize or persist on the site. No plant species listed as a "noxious
weed" by the State of California or the U.S. Federal Government shall be utilized
within the property. All plants shall be low water use plants as identified by
California Department of Water Resources.
F. Seawall/Bulkhead Standards
As shown on Exhibit 4, Seawall/Bulkhead Section, a new bayfront
seawall1bulkhead may be constructed along the bayfront to protect existing and
future development, subject to the following:
Back Bay Landing PCDP 14
1. Planning Area 1
a) Any new bulkhead structure shall not extend bayward beyond the
Highest High Water contour elevation of 7.86' relative to MLLW
(0.0') or 7.48'/NAVD 88 (see also applicable General Requirements
below) to preserve the shoreline profile.
2. Planning Area 2
a) Any new bulkhead structure shall not extend bayward beyond the
10' contour elevation (NAVD 88) to preserve the shoreline profile.
3. Planning Area 3
a) Maintenance, repair, and replacement of the existing bulkhead wall
shall be permitted to protect existing development.
b) Improvements are permitted to provide the required public access
connection across, over or around the private beach and intertidal
area and shall take into consideration and be consistent with
measures identified in the Sea Level Rise and Shoreline
Management Plan to adapt to sea level rise and to ensure the long
term protection of public improvements, coastal access and adjacent
existing residential areas.
4. Planning Area 4 and 5
a) No bulkheads shall be permitted.
5. General Requirements
a) The minimum top of bulkhead elevation shall be 10 feet (NAVD 88)
or a higher elevation if the Sea Level Rise and Shoreline
Management Plan requires a higher elevation to address sea level
rise.
b) Seawalls, bulkheads, revetments and other such construction that
alters the existing shoreline processes shall be permitted when
required to serve coastal -dependent uses or to protect existing
principal structures or public beaches in danger from erosion and
when designed to eliminate or mitigate adverse impacts on local
shoreline sand supply. In addition, such improvements shall only be
permitted when found consistent with applicable sections of the
Coastal Act and City's Coastal Land Use Plan policies.
Back Bay Landing PCDP 15
c) Bulkheads shall be designed to provide access points to the
shoreline.
G. Diking, Filling, and Dredging Standards
The diking, filling, or dredging of open coastal waters, wetlands and estuaries
shall be permitted in accordance with applicable provisions of the Coastal Act
and City's Coastal Land Use Plan policies.
H. Public Bayfront Promenade and Trail
A continuous, minimum 12 -foot -wide bayfront access promenade shall be
constructed along the bayfront edge of Planning Areas 1, 2, and 3. This new,
public bayfront promenade will link the public docks and marina property south of
the Coast Highway -Bay Bridge along the bayfront and to the Newport Dunes
recreational, as illustrated in Exhibit 5, Public Spaces, and 6, Coastal Access and
Regional Trail Connections. The construction of the promenade shall include a
connection across the private beach/submerged fee owned land located within
Planning Area 3 necessary to complete a continuous path. The design details of
the public bayfront promenade shall be submitted with Site Development Review.
The public bayfront promenade shall comply with the following requirements:
1. An easement for public access shall be provided to the City along the entire
length of the proposed public bayfront promenade. The easement area shall
be maintained in good condition and repaired at no cost to the City.
2. The public bayfront promenade shall be accessible to pedestrians and
bicyclists, and shall extend along the waterfront under the Coast Highway -
Bay Bridge and shall connect to an existing trail system on the south side of
East Coast Highway.
3. The bayfront promenade shall interface with restaurants and outdoor dining
areas, the enclosed dry stack boat storage, public plaza, and marine boat
service areas to the maximum extent feasible. Amenities such as seating,
trash enclosures, lighting, and other pedestrian -oriented improvements shall
be provided along its length where appropriate, provided a 12 -foot -wide clear
path is maintained.
4. Bayside Drive shall be improved on both sides with a new Class 2 (on -street)
bike lane up to Bayside Way and a new Class 3 (shared -use) bikeway east of
Bayside Way. A Class 1 (off-street) bikeway and pedestrian trail will also be
provided on the east side of Bayside Drive that originates at the Bayside
Drive / East Coast Highway intersection and runs northerly to the terminus of
Bayside Drive, as shown on Exhibit 6, Coastal Access and Regional Trail
Connections, to accommodate both cyclists and pedestrians. This
improvement shall serve as an enhanced link between the new public
Back Bay Landing PCDP 16
bayfront promenade and the existing City and County trail systems and the
Newport Dunes recreation area.
5. Trails shall be located and designed consistent with Coastal Land Use Plan
(CLUP) Policy 3.1.1-1 and the Coastal Act, with appropriate landscaping and
screening where necessary to protect the privacy of adjacent new or existing
Bayside Village Mobile Home Park residents or residential uses, consistent
with Public Resources Code section 30214 (Coastal Act).
Vehicular Circulation
Primary vehicular and pedestrian access to the site shall be set back from its
current location on Bayside Drive to approximately 200 feet north of the East
Coast Highway intersection, as shown on Exhibit 7, Vehicular Circulation, and
Exhibit 8, Revised Vehicular Circulation and Parking. This project driveway
will service both inbound and outbound movements, improve the existing
driveway connection further into the site, and will be relocated approximately
45 feet north of its current location. Any guest parking that is displaced in the
adjacent mobile home park complex as a result of this new driveway
alignment shall be replaced within the mobile home park complex or within
Planning Area 4 on the east side of Bayside Village Mobile Home Park.
2. Intersection improvements at Bayside Drive shall maintain the existing left -
turn lane, add a shared left-turn/through lane, and add an exclusive right -turn
lane on the southbound approach of the signalized intersection with East
Coast Highway. Project access enhancements shall include an exclusive left -
turn lane on the northbound approach of the Bayside Drive and project
driveway intersection.
3. Primary circulation within the development shall accommodate adequate fire
truck turn -around. Emergency vehicle access to and from Bayside Village
Mobile Home Park to the site shall be provided consistent with Exhibit 8,
Revised Vehicular Circulation and Parking.
An optional secondary access may be constructed, subject to the review and
approval of the Public Works Department, California Department of
Transportation, Orange County Transportation Authority (OCTA), and the
Orange County Sanitation District (OCSD) that would add an exclusive right -
turn lane along westbound East Coast Highway, as shown on Exhibit 7,
Vehicular Circulation. This connection would be located approximately 430
feet west of the Bayside Drive intersection with East Coast Highway, and
would allow for inbound right -turn movements only. Outbound movements at
this connection point would be prohibited.
Back Bay Landing PCDP 17
J. Lighting
A detailed lighting plan with lighting fixtures and standard designs shall be
submitted with the Site Development Review application. The lighting plan shall
illustrate how all exterior lighting is designed to reduce unnecessary illumination
of adjacent properties, conserve energy, minimize detrimental effects on
sensitive environmental areas, and provide minimum standards for safety. At
minimum, exterior lighting shall comply with the following:
Protection from glare.
a. Shielding required. Exterior lighting shall be shielded and light
rays confined within boundaries of the site.
b. Light spill prohibited. Direct rays or glare shall not create a public
nuisance by shining onto public streets, adjacent sites, or beyond
the perimeter of the bayfront promenade.
C. Maximum light at property line. No more than one candlefoot of
illumination shall be present at the property line.
d. Maximum light beyond bayfront. No more than 0.25 candlefoot
of illumination shall be present beyond the perimeter of the bayfront
promenade.
2. Photometric study. A photometric study plan shall be incorporated into
the lighting plan to ensure lighting will not negatively impact surrounding
land uses and adjacent sensitive coastal resource areas.
3. Lighting fixtures. Exterior lights shall consist of a light source, reflector,
and shielding devices so that, acting together, the light beam is controlled
and not directed across a property line or beyond the bayfront promenade.
4. Parking lot light standards. Light standards within parking lots shall be
the minimum height required to effectively illuminate the parking area and
eliminate spillover of light and glare onto adjoining properties. To
accomplish this, a greater number of shorter light standards may be
required as opposed to a lesser number of taller standards.
K. Signs
A comprehensive sign program with sign materials and lighting details shall be
submitted with the Site Development Review application. All signage shall
comply with the Sign Standards Section of the Municipal Code, with the following
exceptions:
Temporary Signs- Temporary signs that are visible from public right-of-ways
and identify new construction or remodeling may be displayed for the duration
Back Bay Landing PCDP 18
of the construction period beyond the 60 -day limit. Signs mounted on
construction fences are allowed during construction and may be rigid or
fabric.
Directional signs oriented to vehicular or pedestrian traffic within internal
drives or walkways, such as electronic display signs, kiosk signs, internal
banners, and three-dimensional sculptural advertising associated with
individual businesses are allowed, or similar, and are not regulated as to size,
content, or color; however, signs shall require permits and shall be subject to
the review of the City Traffic Engineer to ensure adequate sight distance in
accordance with the provisions of the Municipal Code.
L. Utilities
Existing and proposed water and sewer locations are shown on Exhibit 9, Utilities
Plan, and existing and proposed storm drain locations are shown on Exhibit 10,
Drainage Plan. A Final Utilities Plan shall be submitted with the Site
Development Review application. The final alignment and location of utilities
shall be reviewed and approved by the Public Works Department. Adequate
access for maintenance vehicles shall be provided. A 30 -foot -wide accessible
easement shall be provided for the relocated water transmission line. Buildings
shall maintain a minimum distance of 15 feet from the water line, unless
otherwise approved by the Public Works Department.
M. Sustainability
The development shall be designed as a sustainable community which will allow
residents, tenants and visitors to enjoy a high quality of life while minimizing their
impact on the environment. A Sustainability Plan that addresses topics such as
water and energy efficiency, indoor environmental quality and waste reduction
shall be submitted with the Site Development Review application.
Sustainable programming shall be used to maximize efficiency by conserving
water, minimizing construction impacts, minimizing energy use and reducing
construction and post -construction waste. California -friendly landscaping shall
be utilized in public areas and reclaimed water use (if available) on-site or off-site
will further reduce water demand. Appropriate best management practices shall
be incorporated into landscape design. Energy reduction, recycling, and the
smart use of existing resources shall be implemented. The development shall
incorporate a walkable community design to promote walking and bicycling, and
thus reduce reliance on automotive transport.
The development shall include Low Impact Development (LID) features for storm
water quality improvement where none exist today. Potential LID features may
include storm water planters, permeable pavement and proprietary bioretention
Back Bay Landing PCDP 19
systems. Through the development of a project -specific Water Quality
Management Plan (WQMP), the appropriate site design, source control and LID
control features shall be implemented to improve water quality in the Bay,
including weekly street sweeping of all drive aisles and parking areas.
N. Public Improvements
A public improvements plan shall be submitted with the Site Development
Review application specifying the public improvements to be constructed in
conjunction with the development of the site and phasing of such improvements.
At minimum, the plan shall discuss and illustrate utility improvements, the
bayfront promenade, Bayside Drive street and bikeway improvements, and
improvements to the OCSD facility.
O. Hazards Assessment
A site -speck hazards assessment shall be submitted with the Site Development
Review application addressing the potential for erosion, flooding and/or damage
from natural forces including, but not limited to, tidal action, waves, storm surge,
or seiches, prepared by a licensed civil engineer with expertise in coastal
processes. The conditions that shall be considered in a hazards analysis are: a
seasonally eroded beach/shoreline combined with long-term (75 years) erosion;
high tide conditions, combined with long-term (75 years) projections for sea level
rise using the best available science; storm waves from a 100 -year event or a
storm that compares to the 1982/83 EI Nino event.
P. Sea Level Rise and Shoreline Management
A sea level rise and shoreline management plan shall be prepared for the site
and submitted with the Site Development Review application. The plan shall
address shoreline areas of the site subject to tidal action, flooding, wave hazards
and erosion, and incorporate measures to adapt to sea level rise over time and
provide for the long term protection and provision of public improvements,
coastal access, public opportunities for coastal recreation, and coastal resources
including beach and shoreline habitat.
Back Bay Landing PCDP 20
V. Design Guidelines
The Back Bay Landing Design Guidelines are intended to express the desired character
of the future mixed-use waterfront village. These guidelines set parameters for future
design efforts and help achieve overall consistency and quality of architectural design
and landscape features at build -out. They also explore the aesthetic quality and
functionality of the upper limit of acceptable development intensity, and are structured to
allow the City considerable flexibility in review of future project submittals and
subsequent approvals. All development within the Planned Community shall be in
conformance with these Design Guidelines.
The purpose of the Design Guidelines is:
• To provide the City of Newport Beach, the California Coastal Commission, and
future residents and visitors with the necessary assurances that, when
completed, the development will be built in accordance with the design character
proposed herein;
• To provide guidance to developers, builders, engineers, architects, landscape
architects and other professionals in order to maintain the desired design
character and appearance of the project, as well as expand upon these
concepts in order to maximize the success of the development consistent with
market needs, aesthetic satisfaction, and community goals;
• To provide guidance to the City Staff, Planning Commission, City Council
members and the California Coastal Commission in the review of future
development submissions; and
• To encourage building plans that allow flexibility for innovative and creative
design solutions that respond to contemporary market trends.
A. Architectural Theme
The development shall be designed with a Coastal architectural theme. This
architectural theme is influenced by the marine climate of the California
coastline, with varied historical vernacular and casually elegant palette, with
building forms and massing that define and create unique and often seamless
indoor/outdoor spaces. The project will follow principles of quality design,
exhibiting a high level of architectural standards and shall be compatible with the
surrounding area, sensitive to scale, proportion, and identity with a focus on
place -making. Massing offsets, variation of roof lines, varied textures, openings,
recesses, and design accents on all building elevations shall be provided to
enhance the architectural design. The intent is not to select a historically specific
Back Bay Landing PCDP 21
or rigid architectural style for the project, but to create an active, mixed-use
village.
The project should accommodate marine -oriented and visitor -serving retail,
restaurants, enclosed dry stack boat storage, and residential uses, while
integrating the public spaces, bayfront promenade and plaza in a pedestrian -
friendly manner. The "village look" may be expressed through several
techniques. Visual interest may be created by multiple one-, two- and three-level
buildings, with varied roof heights and planes. Light and shadows may be
created through the use of trellises, decks, and canopies. The planes of the
buildings should include recesses and vertical elements to create the village
feeling. Varied roof heights should communicate the break-up of architectural
forms.
The parking structure shall be designed to add to the public and visitor -serving
retail experience and be easily accessible. The project's architectural style, with
the recommended use of modern or traditional, sustainable materials, should
blend in color and form with existing similarly themed facilities within Newport
Beach, and provide a high standard of quality for future neighboring
development. Sample imagery is provided on Exhibit 11, Architectural Theme.
B. Site Planning
1. As illustrated in Exhibit 12, Conceptual Site Plan, the development shall be
designed as an integrated, mixed-use waterfront village that encourages
public access to and along the bayfront.
2. A public bayfront promenade shall be developed between the Balboa Marina
development to the south and the Newport Dunes and the regional trail
system to the east. Special features of this public bayfront promenade shall
include coastal plazas, vista points and connections with City/County trails
and Newport Dunes as shown on Exhibit 5, Public Spaces.
3. Back Bay Landing restaurants, visitor -serving commercial and plaza areas
shall be accessible to the community by public and private vehicular
transportation, pedestrian and bike paths, and public dock space.
4. Scenic view corridors should be incorporated throughout the project to
maintain or enhance existing coastal views from East Coast Highway as
shown on Exhibit 13, East Coast Highway View Corridors.
5. Outdoor dining and plaza areas shall be designed to interface with the street
and bayfront. Siting of outdoor dining facilities shall minimize potential
impacts on occupants of adjacent residential units.
Back Bay Landing PCDP 22
6. The development shall create a strong pedestrian interface with the
waterfront, maximizing accessibility and providing visual corridors enhancing
the public/visitor experience.
7. Buildings should be arranged to create opportunities for public gathering
spaces, encourage outdoor living and invite patronage. Mixed-use areas
should emphasize pedestrian orientation by utilizing features such as plazas,
courtyards, interior walkways, trellises, seating, fountains, and other similar
elements.
8. The development shall promote connectivity throughout the village and to
adjacent developments and trails systems through the use of shared facilities
such as driveways, parking areas, pedestrian plazas and walkways.
9. Ground level equipment, refuse collection areas, storage tanks, infrastructure
equipment and utility vaults should be screened from public right-of-way
views with dense landscaping and/or walls of materials and finishes
compatible with adjacent buildings.
10.Site-specific analyses (wind patterns, noise assessments, etc.) and special
design features shall be incorporated into the proposed buildings surrounding
the OCSD pump station facility to offset potential noise and odor control
issues associated with the existing operations of the facility. Indoor air
conditioned spaces within the development shall include the installation of
odor filters, such as activated carbon filters or similar, to filter indoor air.
C. Building Massing
1. Avoid long, continuous blank walls, by incorporating a variety of materials,
design treatments and/or modulating and articulating elevations to promote
visual interest and reduce massing.
2. Layering of wall planes and volumes are encouraged to provide rhythm,
dynamic building forms, and shadows.
3. Building massing should consist of a mix of heights to add visual interest and
enhance views to the bay above or between buildings.
4. Taller buildings should use articulation to create visual interest. Articulation
should include vertical and horizontal offsets, use of multiple materials and
finishes, and the entry/corner elements.
5. Towers or other vertical/prominent building features should be used to
accentuate key elements such as building entries, pedestrian nodes, plazas,
and courtyards.
Back Bay Landing PCDP 23
6. To maintain a low profile at the corner of East Coast Highway and Bayside
Drive, the development should consist of reduced height commercial retail
buildings closest to the intersection and may step up in height further away
from the intersection, as shown on Exhibit 3, Building Heights.
D. Facade Treatments
1. Ground floors of commercial buildings should have storefront design with
large windows and entries encouraging indoor and outdoor retailing.
2. Architectural elements that create sheltered pedestrian areas are
encouraged.
3. The quality of the pedestrian environment should be activated by
architecturally vibrant storefronts with features such as planter walls, outdoor
seating and dining spaces, enhanced trellises, accent or festive lighting,
awnings or canopies, large transparent windows, recessed openings and
entry ways.
4. Create a unified and consistent alignment of building facades that define and
address the street and waterfront.
5. Horizontal definition between uses, generally between the first and second
floor is strongly encouraged.
6. For residential uses, balconies and sill treatments are encouraged on upper
stories to articulate the facade.
7. Building facades should respect the public realm edge by controlling and
limiting encroachments that could impede pedestrian connectivity and retail
exposure. Building designs will be encouraged to support and activate the
public realm and plazas, and encourage accessibility.
8. "Back of House Areas" and service corridors shall be avoided along primary
street and waterfront elevations.
9. Roof -mounted mechanical equipment shall not be visible in any direction from
a public right-of-way, as may be seen from a point 6 feet above ground level,
including from the Coast Highway -Bay Bridge curb elevation. In addition,
screening of the top of the roof -mounted mechanical equipment may be
required if necessary to protect views.
10.Subject to the approval of the OCSD, the existing building exterior of the
OCSD facility located adjacent to East Coast Highway and at the property's
southwestern boundary shall undergo aesthetic improvements (refacing,
reroofing, etc.) to reflect the architectural design standards contained in this
Back Bay Landing PCDP 24
PCDP. Should the OCSD facility be relocated and/or reconstructed, the
architectural design of the structure shall be compatible with the architectural
design of the Back Bay Landing development and design standards
contained in this PCDP or architectural design of adjacent developments, as
determined appropriate — during the Site Development Review process.
E. Public Views
1. As illustrated on Exhibit 13, East Coast Highway View Corridors, buildings
should be oriented to maximize view opportunities while minimizing the visual
impact of the building on existing view sheds.
Buildings proposed adjacent to the Coast Highway -Bay Bridge shall preserve
coastal views that are afforded due to the differential in height between the
elevation of the bridge and the elevation of the site. The public coastal views
shall be consistent with Section 4.4.1-8 of the Newport Beach Coastal Land
Use Plan policies.
3. A pedestrian view corridor shall be designed at the southeast corner of
Bayside Drive and East Coast Highway, shown as View Corridor 2 on Exhibit
13, East Coast Highway View Corridors, allowing northbound pedestrians and
motorists to see into the project and the coastal view beyond.
The enclosed dry stack boat storage building shall be designed with multiple
heights to create a distinct view corridor from East Coast Highway to the Bay,
illustrated on Exhibit 13, East Coast Highway View Corridors. This corridor
shall be visible to north and south bound pedestrians, bicyclists and motorists.
The development shall be designed to frame existing bay views and should
create new bay views where they are currently blocked by fencing and
outdoor vehicle/boat storage.
F. Parking and Parking Structure
Parking areas and structures shall promote efficient circulation for vehicles
and pedestrians.
2. Convenient, well -marked and attractive pedestrian access shall be provided
from parking areas and structures to buildings.
Parking facilities should be physically separated for non-residential uses and
residential uses, except for residential guest parking. If enclosed parking is
provided for an entire mixed-use complex, separate areas/levels shall be
provided for non-residential and residential uses with separate building
entrances, whenever possible.
Back Bay Landing PCDP 25
4. A semi -subterranean level should be incorporated, if feasible, to minimize
height and bulk of parking structure.
5. Parking structures shall be screened from the public right—of-way to the
maximum extent feasible. Portions of the structure that cannot be screened
shall incorporate decorative screening, landscape walls, artistic murals, or
application of stylized facades.
6. Commercial retail and residential uses should wrap and mask the parking
structure.
The parking structure shall complement the design vocabulary of the attached
or adjacent buildings, and incorporate form, materials, color, and details from
the attached or adjacent buildings.
8. Adequate parking that is located within a convenient distance from the use it
is intended to serve shall be provided for all uses proposed on-site, as well as
marina users, displaced Bayside Village Mobile Home Park guest parking,
and for public access. General parking locations are shown on Exhibit 14,
Parking Plan.
9. The upper level of the parking structure shall be designed to eliminate vehicle
headlight and rooftop lighting spill-over.
10.To encourage alternative means of transportation, the parking structure shall
incorporate bicycle parking storage accommodations, and electric vehicle
charging stations.
G. Public Spaces
The development shall provide extensive outdoor public spaces, as shown on
Exhibit 5, Public Spaces, and described below.
1. An elevated coastal public view plaza is strongly encouraged. This elevated
plaza can provide exceptional public coastal view opportunities of Newport
Harbor and Upper Newport Bay.
2. A pedestrian and automobile plaza should be incorporated into the design
that seamlessly and safely blends pedestrian, bicycle and vehicular
movement. This plaza may provide an opportunity for valet parking, provided
a valet operation plan is reviewed and approved by the City. Bollards and
potted plants should define the plaza edge in a park -like setting and should
visually connect the east and west ends of the mixed-use project area as the
center point of the project, while still allowing unhindered pedestrian
movement to the retail areas and public bayfront promenade.
Back Bay Landing PCDP 26
3. Restaurants shall be designed to be accessible from the public bayfront
promenade and should provide both indoor and outdoor dining areas with
scenic coastal views of the bay.
4. Vendor carts selling specialty items are encouraged in the outside plazas and
along retail walkways to enhance the shopping or dining experience by
activating the plaza areas. However, vendor carts shall not be permitted
within the 12 -foot -wide public bayfront promenade.
5. Passive recreation opportunities and waterfront viewing shall be provided
along the public bayfront promenade.
6. A public launching area and parking for kayak and paddleboard users shall be
incorporated into the development.
7. New marina boat -slip tenant lockers shall be provided near the entry to the
Bayside Village Marina.
8. Public restrooms for visitors to the site shall be provided along the public
bayfront promenade.
H. Landscaping
1. The landscaping should reflect the project's coastal marine location and
provide visual ties to the coastal bluffs, sand beaches, tidelands and
wetlands, tide pools, local marinas and sea life.
2. Creativity in combining plant materials to emulate natural features is
encouraged. Some examples of possible design strategies are using swaying
grasses to emulate water movement, using water fountains to emulate the
sound and rhythm of waves, and emulating sea colors in plant selection.
3. The use of water fountains, waterfalls, water sculptures, or water features are
encouraged.
4. Marine murals and other forms of public art are encouraged throughout the
project.
5. Landscaping should include tree plantings around buildings to enhance
architectural character and provide shade in the summer and sun in the
winter.
6. California -friendly plant species with low watering requirements and
characteristics that are compatible with the climate, soils, and setting should
compose the majority of the plant palate.
Back Bay Landing PCDP 27
7. The irrigation system shall be designed, constructed, managed, and
maintained to achieve a high level of water efficiency.
8. Landscaping in the view corridors should not block these views but rather
frame and enhance them.
9. Green walls, water features and selective placement of potted plants and
trees can improve and soften the appearance of the buildings while
preserving and enhancing desired views.
I. Hardscaping
1. An enhanced permeable paving should be used at the project entry to create
rich texture and color while also helping to mitigate urban runoff.
Pedestrian spaces should be developed with specialty paving to provide
interest and definition and compliment architectural and landscape features.
Selection of hardscape material should reflect the coastal marine theme of
the project, for example: sand stone, sea glass, pebbles, drift wood,
ocean/beach inspired colors or textures, etc.
4. Private streets, driveways, and drive aisles should be multi-purpose and
accommodate pedestrian, bike, emergency vehicles, and slow automobile
movements. Generous use of planters, large pots and bollards are
encouraged with raised curbs only where necessary.
J. Signs
The preferred approach to signing is through creating a strong architectural
statement that announces development, rather than large distracting signs.
2. Monument signs identifying the development may be permitted at the primary
entrance off Bayside Drive and possibly the optional secondary entrance off
East Coast Highway, if approved.
3. Signage should be appropriately scaled to the building or surface onto which
it is placed, should not obscure important architectural features, and should
be readable by both pedestrians and drivers approaching the site.
4. Signage shall be integrated with the design and scale of the architecture.
5. A coordinated approach to signage throughout the development is particularly
important due to the multiple storefronts that are envisioned. Signs of similar
size, proportion, and materials should be used on each store.
Back Bay Landing PCDP 28
A Phasing
The Back Bay Landing mixed-use development is anticipated to be developed as one
phase during an 18- to 24 -month construction period. The integrated mixed-use and
parking structure combined with the relatively small site necessitates construction in a
single phase. The Back Bay Landing development will necessitate the construction of a
seawall/bulkhead, but does not include reconstruction of the existing Bayside Village
Marina.
The general sequence of construction is provided below although certain activities will
overlap thereby reducing the total duration of the project.
• Demolition —1 month
• Excavation and De -watering — 2 months
• Infrastructure 1 Foundations — 6 months
• Vertical Construction —15 months
• Final Landscaping — 3 months
• Bayside Drive Roadway Improvements and Trail — 4 months
• Reconfiguration of Lot Line Adjustment Area — 6 months
Back Bay Landing PCDP 29
VII. Back Bay Landing PCDP Implementation/
Site Development Review
A. Purpose and Intent
The purpose of the Site Development Review process is to ensure the
development of the Back Bay Landing PCDP (PC -9) is consistent with the goals
and policies of the General Plan, provisions of this PCDP, and the findings set
forth below in Section VII.C. It is the intent of the Site Development Review
process that all aspects of the design of the project will be reviewed and
approved at one time. Conceptual architectural theme, site plan, landscape plan
and other conceptual Exhibits attached to this PCDP are preliminary and may be
modified through the Site Development Review process.
B. Application
1. Approval of the Site Development Review application by the Planning
Commission shall be required prior to the issuance of a grading or building
permit for the construction of any new structure at the project. The Planning
Commission's decision is final, unless appealed in accordance with the
Newport Beach Municipal Code.
2. The following items are exempt from the Site Development Review Process
and are subject to the City's applicable permits:
a) Tenant (interior) improvements to any existing buildings, kiosks, and
temporary structures.
b) Repair and maintenance activities.
c) Replacement of existing structures found in substantial conformance
with previously approved plans and/or permits.
C. Findings
In addition to the general purposes set forth in Section VILA and in order to carry
out the purposes of the Back Bay Landing PCDP, the following findings must be
made to approve or conditionally approve a Site Development Review application:
The development shall be in compliance with the General Plan, Coastal Land
Use Plan, Back Bay Landing Planned Community Development Plan,
including design guidelines, and any other applicable plan or criteria related to
the development;
Back Bay Landing PCDP 30
2. The development shall not be incompatible with the character of the
neighboring uses and surrounding sites;
3. The development shall be sited and designed to maximize the aesthetic
quality of the project as viewed from surrounding roadways, properties, and
waterfront, with special consideration given to providing a variety of building
heights, massing, and architectural treatments to provide public views through
the site;
4. Site plan and layout of buildings, parking areas, pedestrian and vehicular
access ways, landscaping and other site features shall give proper
consideration to functional aspects of site development; and
5. The development shall not be detrimental to the harmonious and orderly
growth of the City, or endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of
persons residing or working in the neighborhood of the proposed
development.
D. Submittal Contents
The Site Development Review application shall include all of the information and
materials specified by the Community Development Director and any additional
information requested by the Planning Commission in order to conduct a
thorough review of the application. The following plans/exhibits may include, but
are not limited to the following:
Existing conditions including adjacent structures and proposed
improvements.
2. Comprehensive site and grading plan.
3. Comprehensive elevation drawings, material boards and floor plans for
new structures with coordinated and complementary architecture, design,
materials and colors. The elevation drawings shall indicate the colors and
materials that will be used on the exterior surfaces of the buildings, walls,
fences and other visible structures.
4. Permitted and proposed floor area, and residential units.
5. A parking and circulation plan showing pedestrian paths, streets and fire
lanes.
6. Landscaping, lighting, signage, utilities, sustainability, and public
improvements plans as required by Section IV.
7. Parking management plan (if applicable).
Back Bay Landing PCDP 31
Hazards Assessment, and Sea Level Rise and Shoreline Management
Plan as required by Section IV.
A comprehensive, cohesive and coordinated preliminary landscape plan,
illustrating general location of all plant materials, by common and botanical
names (with pictures), size of plant materials, and irrigation concept.
10.A comprehensive, cohesive and coordinated lighting plan of exterior and
parking structure lighting, including locations, fixture height, fixture product
type and technical specifications.
11. Comprehensive text and graphics describing the design philosophy for the
architecture, landscape architecture, material and textures, color palette,
lighting, and signage.
12.1-ocation and text describing drainage and water quality mitigation
measures.
13. Open Space Plans (indoor and/or outdoor) for residential units.
14.A statement that the proposed new structure is consistent with the goals,
policies, and actions of the General Plan and Planned Community
Development Plan.
15.Any additional background and supporting information, studies, or
materials that the Community Development Director deems necessary for
a clear representation of the project.
E. Public Hearing
A Planning Commission public hearing shall be held on all Site Development
Review applications. Notice of the hearing shall be provided and the hearing
shall be conducted in compliance with the Municipal Code Chapter 20.62 (Public
Hearings).
F. Expiration and Revocation of Site Development Review
Approvals
Expiration. Any Site Development Review approved in accordance with
the terms of this Planned Community Development Plan shall expire
within twenty-four (24) months from the effective date of final approval as
specified in the Time Limits and Extensions Section of the Newport Beach
Municipal Code, unless at the time of approval the Planning Commission
has specified a different period of time or an extension is otherwise
granted.
Back Bay Landing PCDP 32
2. Violation of Terms. Any Site Development Review approved in
accordance with the terms of this Planned Community Development Plan
may be modified or revoked if any of the conditions or terms of such Site
Development Review are violated or if any law or ordinance is violated in
connection therewith.
3. Public Hearing. The Planning Commission shall hold a public hearing on
any proposed modification or revocation after giving written notice to the
permittee at least ten (10) days prior to the hearing, and shall submit its
recommendations to the City Council. The City Council shall act thereon
within sixty (60) days after receipt of the recommendation of the Planning
Commission.
G. Parcel or Tract Maps
No parcel or tract map shall be recorded prior to the approval of the Site
Development Review for the entire project. Covenant, Conditions and
Restrictions shall be required in connection with any subdivisions at the project
so that the responsibility for performance of, and payment for, maintenance are
clear. Such CC&R's shall be subject to the approval of the City Attorney.
H. Fees
The applicant shall pay a fee as established by Resolution of the Newport Beach
City Council to the City with each application for Site Development Review under
this planned community development plan.
I. Minor Changes by the Director
The following minor changes to an approved site plan may be approved
by the Director in compliance with Section 20.54.070 (Changes to an
approved project) of the Newport Beach Municipal Code:
a) Minor relocation of any proposed structure.
b) Reconfiguration of the parking lot, including drive aisles and/or
parking spaces, subject to review and approval of the City Traffic
Engineer.
c) Reconfiguration of landscaping.
d) Any other minor change to the site plan provided it does not increase
any structure area, height, number of units, and/or intensity of uses.
Any proposed changes that are not deemed minor shall be subject to
review and approval by the Planning Commission.
Back Bay Landing PCDP 33
VIII. Definitions
All words, phrases, and terms used in this Back Bay Landing PCDP (PC -9) shall
have the same meaning and definition as provided in the City of Newport Beach
Zoning Code unless defined differently in this section.
Architectural Features: A visually prominent or formally significant element of a
building which expresses its architectural language and style in a complementary
fashion. Architectural features should be logical extensions of the massing,
details, materials, and color of the building which complement and celebrate its
overall aesthetic character.
Backfill: Material used to fill or refill an excavated or natural slope area.
Building Elevation: The drawing of the exterior wall surface formed by one (1)
side of the building.
Bulkhead: A retaining wall/structural wall constructed along shorelines for the
purpose of controlling beach erosion, supporting buildings and protecting areas
of human habitation, conservation and leisure activities. Also referred to as a
seawall. The depth of the bulkhead will be determined by a licensed structural
engineer.
Carts and Kiosks: Carts and kiosks are small, freestanding structures used for
retail sales and services. Generally mobile in terms of ease or relocation, the
structures can be seasonal, temporary or for a more permanent use.
Commercial Recreation and Entertainment: Establishments providing
participant or spectator recreation or entertainment, either indoors or outdoors,
for a fee or admission charge. Commercial recreation and entertainment uses
shall not include arcades or electronic games centers, billiard parlors, cinemas,
and theaters, except as accessory to a permitted use.
Cultural Institution: A public or private institution that displays or preserves
objects of community or cultural interest in one or more of the arts or sciences.
Illustrative examples of these uses include libraries and museums.
Eating and Drinking Establishments:
Bar, Lounge, and Nightclub. An establishment that sells or serves
alcoholic beverages for consumption on the premises and is holding or
applying for a public premise license from the California State Department
of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 [On Sale
Beer & Wine -Public Premises], ABC License Type 48 [On Sale General -
Public Premises], and ABC License Type 61 [On Sale Beer -Public
Premises]). Persons under 21 years of age are not allowed to enter and
Back Bay Landing PCDP 34
remain on the premises. The establishment shall include any immediately
adjacent area that is owned, leased, rented, or controlled by the licensee.
Fast Food. An establishment whose design or principal method of
operation typically includes the following characteristics:
1. A permanent menu board is provided from which to select and
order food;
2. A chain or franchise restaurant;
3. Customers pay for food before consuming it;
4. A self-service condiment bar and/or drink service is/are provided;
5. Trash receptacles are provided for self-service bussing; and
6. Furnishing plan indicates stationary seating arrangements.
A fast food establishment may or may not have late hour operations.
Alcoholic beverages are not sold, served, or given away on the premises.
If alcoholic beverages are sold, served, or given away on the premises,
the use shall be considered a food service use. See "Food Service."
Drive thru service shall not be allowed.
Food Service, No Late Hours. An establishment that sells food and
beverages, including alcoholic beverages, prepared for primarily on-site
consumption, and typically has the following characteristics:
1. Establishment does not have late hour operations;
2. Customers order food and beverages from individual menus;
3. Food and beverages are served to the customer at a fixed location
(i.e., booth, counter, or table); and
4. Customers pay for food and beverages after service and/or
consumption.
Food Service, Late Hours. An establishment that sells food and
beverages, including alcoholic beverages, prepared for primarily on-site
consumption, and typically has the following characteristics:
1. Establishment does have late hours;
2. Customers order food and beverages from individual menus;
Back Bay Landing PCDP 35
3. Food and beverages are served to the customer at a fixed location
(i.e., booth, counter, or table); and
4. Customers pay for food and beverages after service and/or
consumption.
Late Hour Operations. Facilities that provide service after 11:00 p.m.
Outdoor Dining, Accessory. An outdoor dining area contiguous and
accessory to a food service establishment.
Take -Out Service, Limited. An establishment that sells food or
beverages and typically has the following characteristics:
I. Sales are primarily for off-site consumption;
2. Customers order and pay for food at either a counter or service
window;
3. Incidental seating up to 6 seats may be provided for on-site
consumption of food or beverages; and
4. Alcoholic beverages are not sold, served, or given away on the
premises.
Typical uses include bakeries, candy, coffee, nut and confectionery stores,
ice cream and frozen dessert stores, small delicatessens, and similar
establishments.
Take -Out Service Only. An establishment that offers a limited variety of
food or beverages and has all of the following characteristics:
1. Sales are for off-site consumption;
2. Seating is not provided for on-site consumption of food or
beverages; and
3. Alcoholic beverages are not sold, served, or given away on the
premises.
Green Building: The practice of increasing the efficiency of buildings and their
use of energy, water, and materials, and reducing building impacts on human
health and the environment through better siting, design, construction, operation,
maintenance, and removal.
High Tide: The tide at its fullest, when the water reaches its highest level.
Back Bay Landing PCDP 36
Marina: A commercial berthing facility (other than moorings or anchorage) in which five
or more vessels are continuously wet -stored (in water) for more than 30 days. Marinas
are regulated by Title 17. See Marina Support Facilities.
Marina Support Facilities: An on -shore facility (e.g., administrative offices, bathrooms,
laundry facilities, storage lockers, picnic areas, snack bar, etc.) that directly supports a
marina.
Marine Rentals and Sales: Establishments engaged in renting, selling or
providing supplies and equipment for commercial fishing, pleasure boating, or
related activities.
Boat Rentals and Sales. An establishment that rents or sells vessels,
including storage and incidental maintenance. See "Vessel." Does not
include "Marine Services."
Marine Retail Sales. An establishment that provides supplies and
equipment for commercial fishing, pleasure boating, or related activities.
Examples of goods sold include navigational instruments, marine
hardware and paints, nautical publications, nautical clothing (e.g., foul -
weather gear), and marine engines. Does not include uses in which fuel
for boats and ships is the primary good sold (see "Marine Services.").
Marine Services:
Boat Storage. Storage of operative or inoperative boats or ships on land
or racks for more than 30 days. Unenclosed boat storage on racks are not
permitted.
Boat Yard. Construction, maintenance, or repair of boats or ships,
including the sale, installation, and servicing of related equipment and
parts.
Entertainment and Excursion Vessels. A vessel engaged in carrying
passengers for hire for the purposes of entertainment or excursions (e.g.,
fishing, whale watching, diving, educational activities, harbor and coastal
tours, dining/drinking, business or social special events and entertainment,
etc.). See "Vessel."
Marine Service Station. A retail establishment that sells gasoline, diesel,
and alternative fuels, lubricants, parts, and accessories for vessels and
other convenience items. No fuel docks shall be allowed. See "Vessel."
Water Transportation Service. An establishment that provides vessels
to carry passengers for hire who are traveling to destinations within and
outside of Newport Harbor. See "Vessel."
Back Bay Landing PCDP 87
Highest High Water (HHW) Line: The average of all the highest high tides
occurring over a certain period of time, usually 18.6 years (one lunar epoch).
Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport
Beach, HHW elevation is 7.86' relative to Mean Lower Low Water (0.00').
Mean Lower Low Water (MLLW) Line: The average of the lower low tides
occurring over a certain period of time, usually 18.6 years (one lunar epoch).
Based on the 2004 Tide Planes & Tidal Datum Relationships for City of Newport
Beach, Mean Lower Low Water is elevation 0.00'.
Multi -Family Residential Flat: A condominium on a single level.
North American Vertical Datum of 1988 (NAVD 88): The vertical control
datum of orthometric height established for vertical control surveying in the
United States.
Parking Structure: Structures containing more than one story principally
dedicated to parking. Parking structures may contain accessory, ancillary, and
resident support uses such as solar panels and trellis structures.
Perimeter Setback: An established distance between a building/structure and
the perimeter of the project site other than along East Coast Highway, Coast
Highway -Bay Bridge, Bayside Drive, and the bayfront.
Personal Services (Land Use):
General. Establishments that provide recurrently needed services of a
personal nature. Illustrative examples of these uses include:
• Barber and beauty shops
• Clothing rental shops
• Dry cleaning pick up stores with limited equipment
• Locksmiths
• Shoe repair shops
• Tailors and seamstresses
• Laundromats
These uses may also include accessory retail sales of products related to
the services provided.
Restricted. Personal service establishments that may tend to have a
blighting and/or deteriorating effect upon surrounding areas and that may
need to be dispersed from other similar uses to minimize adverse impacts,
including:
• Day spas
• Healing arts (acupuncture, aromatherapy, etc.) with no services
qualifying under "Massage Establishments"
Back Bay Landing PCDP 38
• Tanning salons
• Tattoo services and body piercing studios
These uses may also include accessory retail sales of products related to
the services provided.
Public Bayfront Promenade: A pedestrian walkway that extends along the
waterfront length of the Back Bay Landing project.
Seawall: See previous definition of "bulkhead" above.
Setback: Shall mean the space between an object, such as the face of a
building or fence, and the perimeter property line.
Sign: Any media, including their structure and component parts which are used
or intended to be used outdoor to communicate information to the public.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display
constructed of cloth, canvas, plywood, light fabric, cardboard, wallboard or other
light materials, with or without frames, intended to be displayed for a limited
period of time.
Vehicle Entry: Any intersection points along the public right-of-way that provide
access for automobiles.
Vessel: Every type of watercraft that is used or capable of being used as a
means of transportation on water. This includes all vessels of any size home -
ported, launched/retrieved, or visiting in Newport Harbor, arriving by water or
land, and registered or unregistered under State or Federal requirements, except
a seaplane on the water.
Visitor -Serving Retail: Retail establishments engaged in selling goods or
merchandise to tourists and visitors. Examples of these establishments and lines
of merchandise include:
Back Bay Landing PCDP 39
• Antiques
• Appliances
• Art. galleries
• Artists' supplies
• Bakeries (retail only)
• Bicycle sales and rentals
• Books
• Cameras and photographic supplies
• Clothing and accessories
• Convenience market
• Drug and discount stores
• Gift shops
• Handcrafted items
• Hobby materials
• Jewelry
• Luggage and leather goods
• Newsstands
• Pharmacies
• Specialty food and beverage
• Specialty shops
• Sporting goods and equipment
• Tobacco
• Toys and games
• Travel services
Back Bay Landing PCDP 40
Appendix
Back Bay Landing Exhibits
Back Bay Landing PCDP 41
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Ordinance No. 2016-8
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on April 12, 2016, and adopted on April 26, 2016, by the following vote,
to -wit:
AYES Council Member Peotter, Council Member Selich
Council Member Curry, Council Member Petros,
Mayor Pro Tem Muldoon, Mayor Dixon
NAYS
RECUSED Council Member Duffield
ABSENT
L._._6%L�
DIANE ..
ATTEST:
a�ti " \ r 'V
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
_& Oar
AARON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2016-8 was duly and regularly introduced on the 12th day of April, 2016, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of April,
2016, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
RECUSED: Council Member Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of April, 2016.
a
a
i
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
ka' IFORC/
64411�-
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2016-8 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: April 16, 2016
Adopted Ordinance: April 30, 2016
In witness whereof, I have hereunto subscribed my name this day of
2016.
t0 Q ��
H Leilani'I. Brown, MMC `
UCity Clerk
n
City of Newport Beach, California
c
-4C�. FC3 321a� P'
,�_ (Seal)