HomeMy WebLinkAbout87-45 - Adopting Planned Community District Regulations and Development Plan for Fashion Island in Newport Center Located Within the Ring Defined by Newport Center Drive and Amending Portions of Districting Maps No. 48 and 49 So as to Reclassify Said Prop•
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ORDINANCE NO. 87-45
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS
AND DEVELOPMENT PLAN FOR FASHION ISLAND
IN NEWPORT CENTER LOCATED WITHIN THE RING
DEFINED BY NEWPORT CENTER DRIVE AND AMENDING PORTIONS
OF DISTRICTING MAPS NO. 48 AND 49 SO AS TO
RECLASSIFY SAID PROPERTY FROM THE C -O -H DISTRICT
TO THE PLANNED COMMUNITY (P -C) DISTRICT
(PLANNING COMMISSION AMENDMENT NO. 632)
The City Council of the City of Newport Beach DOES ORDAIN
as follows:
SECTION 1. The subject property is the following real
property in the City of Newport Beach, County of Orange, State of
California:
All those parcels of land in Tract 6015, located within the
area enclosed by the centerline of Newport Center Drive,
as shown on the attached Exhibit "A" and hereinafter referred to as
"Property." Title 20 of the Newport Beach Municipal Code is hereby
amended to rezone all of the above described Property from the
C-O -H District to the Planned Community (P -C) District and
designate said Property as the Fashion Island Planned Community.
SECTION 2. The Planning Director of the City of
Newport Beach is hereby instructed and directed to change
Districting Maps 48 and 49, referred to in Section 20.01.050 of the
Newport Beach Municipal Code, and by such reference is made a part
of Title 20, to reflect said change as described in Section 1
hereof, and shown in the attached Exhibit "B ", and when said
Districting Maps have been so amended, the same shall be in full
force and effect and be a part of Title 20 of the Newport Beach
Municipal Code.
SECTION 3. The entire territory )mown as the Fashion
Island Planned Community, more fully described in Section 1, which
is zoned P -C, is hereby amended to adopt Planned Community District
Regulations and Development Plan, which delineates all permitted
land uses, intensity and density limits, and development standards
and regulations for the area, as set forth in the attached Exhibit
"C"
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SECTION 4. The Planning Director of the City of
Newport Beach is also hereby instructed and directed to apply all
of the provisions of said Planned Community District Regulations
and Development Plan to the Property as described herein; the same
shall be in full force and effect and be a part of Title 20 of the
Newport Beach Municipal Code.
SECTION 5. The Mayor shall sign and the City Clerk
shall attest to the passage of this Ordinance. This Ordinance
shall be published once in the official newspaper of the City
within fifteen (15) days of its adoption. The Ordinance shall be
effective thirty days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach, held on the 26th day of
_October_, 1987, and was adopted on the 23rd day of November
1987, by the following vote, to wit:
ATTEST:
AYES, COUNCIL MEMBERS Cox, Hart,
Maurer, Plummer, Sansone, Strauss, Turner
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
Attachments:
Exhibits "A ", "B ", and nC"
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Exhibit "C"
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City of Newport Beach
ADOPTED: .1987
Ordinance No. 87-
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TABLE OF CONTENTS
Introduction
Statistical Analysis
General Notes
Definitions
Fashion Island Development Plan
Fashion Island Bike Exhibit
Fashion Island District Regulations
Fashion Island Sign Program
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The Fashion Island Planned Community District in the City of
Newport Beach has been developed. in accordance with the Newport
Beach General Plan. Fashion Island is part of the Newport Center
development of The Irvine Company.
The purpose of this Planned Community District is to provide a
method whereby property may be classified and developed for a
regional shopping center. The specifications of this district are
intended to provide land use and development standards supportive
of the proposed use while insuring compliance with the intent of
all applicable regulatory codes:
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Total Acres
Retail /Restaurant
Theater
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STATISTICAL ANALYSIS
75 Acres
1,310,750 Sq.Ft.
1,700 Seats
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GENERAL NOTES
1. Water service to the Planned Community District will be
provided by the City of Newport Beach.
2. Development of the subject property will be undertaken in
accordance with the flood protection policies of the City of
Newport Beach.
3. Grading and erosion control measures will be carried out within
the Planned Community as required by the Newport Beach Building
Department and the Planning Director.
4. All development of the site is subject to the provisions of
City Council Policies K -5 and K -6 regarding archaeological and
paleontological resources.
5. Sewage disposal service facilities for the Planned Community
District will be provided by Orange County Sanitation District
No. 5.
6. All landscaping along street rights -of -way shall be installed
in accordance with a landscape plan prepared by a licensed
landscape architect, which has been reviewed by the Parks,
Beaches and Recreation Department and approved by the Public
Works Department.
7. Except as otherwise stated in this text, the requirements of
the Newport Beach Zoning Ordinance shall apply.
The contents of this text notwithstanding, all construction
within the boundaries of this Planned Community District shall
comply with all provisions of the Uniform Building Code, the
various mechanical codes related thereto and all local amend-
ments.
8. All mechanical appurtenances on building rooftops, utility
vaults and emergency power generators shall be screened from
view from Newport Center Drive in a manner compatible with the
building materials, and noise associated with said generators
shall be attenuated to acceptable levels in receptor areas.
The latter shall be based upon the recommendations of a
licensed engineer practicing in acoustics, and be approved by
the Planning Department.
9. All trash containers and /or enclosures shall be screened from
view in a manner compatible with the building materials.
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Drive -In and Take Out Restaurant - The terms "drive -in ", "walk -up"
and "take -out" restaurants shall mean a place of business which
sells food products or beverages and which:
1. Delivers such food products or beverages to customers
outside of the building in which they are prepared by means of a
service window, counter or similar method or device, or
2. Delivers such food products or beverages to customers
within a building which is designed in such a manner that a
majority of the customers will either remove such food products or
beverages from the building for consumption either on the premises
or in the immediate vicinity.
• Gross Floor Area - Gross floor area is the area included within the
walls of a building, exclusive of vent shafts and courts. The
floor area shall also include the area not provided within sur-
rounding exterior walls, either under a roof or open to the sky,
which is defined by planters, awnings, shade structures, fences or
rails and are for the exclusive and permanent use for display or
seating by a use permitted pursuant to this text. Exterior covered
walkways or covered mall areas between retail buildings shall not
be included in gross floor area. Enclosed bicycles lockers shall
not be included in gross floor area. Permanent kiosks for retail
sales, covered or uncovered, shall be calculated as gross floor
area.
Major Buildings - Major buildings are those occupied by major
department store tenants, movie theaters and the Atrium Court
building.
Mall Buildings - Mall buildings'are those structures in the Fashion
Island Mall area not defined as major buildings.
Outdoor Restaurant - The term outdoor restaurant shall mean a place
of business which sells or serves food products or beverages for
consumption on the premises where such place or business is
located, and which provides for, or permits consumption of, such
food products or beverages out -of -doors other than on an incidental
basis.
• Peripheral Buildings - Peripheral buildings are those buildings
adjacent to Newport Center Drive not contained in the Fashion
Island Mall.
Restaurant - The term restaurant shall mean a place of business
which sells or serves food products or beverages for consumption on
the premises within a building consisting of a permanent structure
that is fully enclosed with a roof and walls, and where incidental
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dining to the extent
doors on a patio,
building design.
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of not more than 25% may be permitted out -of-
deck or terrace that is integrated into the
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FASHION ISLAND PLANNED COMMUNITY DISTRICT REGULATIONS
LOCATION
Fashion Island is located within the circle defined by Newport
Center Drive as shown on the Planned Community Development Plan.
It is intended that Fashion Island be developed as a regional
retail commercial center. These regulations will permit a broad
range of commercial uses appropriate to a regional retail commer-
cial center. These uses include retail uses, restaurants and uses
which are service in nature. In recognition of the unique nature
of a regional retail commercial use, certain uses which ordinarily
require approval of a use permit are permitted uses in this area.
PERMITTED USES
1. Retail stores, including clothing stores, bakeries, bookstores,
food shops, pet shops, shoe shops, candy shops, card shops,
florists, record stores, audio and video stores, camera shops,
luggage stores, furniture stores, art galleries, jewelry
stores, athletic stores, china and gift shops, specialty
stores, arcades with amusement devices (as defined in Chapter
5.34 of the Newport Beach Municipal Code), department stores
and other uses of a similar nature.
2. Personal service establishments, including barber shops, beauty
parlors, tailor shops, opticians, dry cleaning establishments,
postal service facilities, enclosed bicycle storage lockers and
other uses which are of a similar nature.
Restaurants located throughout the Planned Community; and
outdoor and take out restaurants contained within the Fashion
Island Mall area.
4. Outdoor sales establishments, carts and kiosks, and outdoor
special events and structures, subject to the approval of the
Planning Director.
5. Theaters.
6. Auto sales, service and detailing, so long as said use is
contained within a building or parking structure.
7. Parking of automobiles on roofs, subject to the review and
approval of the City Traffic Engineer.
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8. Accessory uses normally incidental to commercial developments,
including video game devices in theaters and restaurants, where
such uses do not alter the character of the area in respect to
their use for purposes permitted in the district. Accessory
buildings shall be allowed only when constructed concurrent
with or subsequent to the buildings housing primary uses.
9. Temporary structures and uses. Regulations are as specified in
Section 20.30.015 of General Controls - Commercial Districts of
the Newport Beach Municipal Code.
10. Office uses, only when such offices are ancillary to and in the
same building as a permitted use, including Fashion Island
management and leasing facilities.
USES WHICH REQUIRE PERMIT
The following uses shall be permitted subject to the securing of a
use permit in each case:
1. Gymnasiums, health clubs and other uses which are of a similar
nature.
2. Free standing drive -in, outdoor and take -out restaurants
located outside the Fashion Island Mall area.
3. Drive -in facilities.
Floor Area and Development Limits. The total gross floor area
permitted in all structures, except theaters and enclosed bicycle
lockers, shall not exceed 1,310,750 gross square feet; provided,
however, that the floor area devoted to parking within a building
shall not be considered in determining the total floor area
allowed. Of this floor area limitation a maximum of 15% may be for
restaurant uses, including drive -in and take -out restaurants, both
freestanding restaurants and those within the Fashion Island mall
area. Commercial land uses not within a structure, such as balloon
vendors, ice cream carts, popcorn carts and similar uses which are
"portable" in nature, shall not be a reduction of entitlement
established by this section. Outdoor areas and kiosks which are
defined by planters, awnings, shade structures, fences or rails and
are for the exclusive and permanent use for display or seating by a
retail or restaurant use shall be calculated as floor area.
Incidental outdoor seating, covered or uncovered, which is not for
the exclusive use of any retail or restaurant establishment shall
not be calculated as floor area as entitled by this section.
Bicycle storage lockers contained within structures shall not be
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calculated as floor area as entitled by this section. Theater use
shall be limited to no more than 1,700 theater seats.
Building Height. Buildings within Fashion Island shall be subject
to the following limits as defined in Section 20.87.205 of the
Newport Beach Municipal Code:
Major Buildings: 125 feet
Mall Buildings: 75 feet
Parking Structures: 55 feet
Peripheral Buildings: 40 feet
Setback Requirements. A setback of 10 feet from Newport Center
Drive is required. No setbacks are required from any internal
parcel lines, except as may be required by the Building Code.
Requirements for Off -Street Parking. Off- street parking for
• Fashion Island shall be provided on -site, within the area defined
by Newport Center Drive. Parking may be on surface lots or in
parking structures. Parking for retail, restaurant and personal
service uses shall be provided at a ratio of one space for each 250
gross square feet. Any area which is calculated as part of the
total floor area limitation shall be included in the gross floor
area to determine the parking requirement.
Parking shall be provided for theater uses at a ratio of one
parking space for each three (3) seats.
Parking .for gymnasiums and health clubs .shall be provided in
addition to that required for retail, restaurant and theater uses
and shall be based upon a demonstrated formula established at the
time of review and approval of a use permit.
Compact parking shall be permitted up to a maximum of twenty -five
percent (25 %), and shall be located in a manner acceptable to the
City Traffic Engineer.
Valet parking shall be permitted. Operational characteristics of
any valet parking service and the location of parking areas used
exclusively for valet parked cars will be subject to the review and
approval of the City Traffic Engineer. Areas of the parking lot
used for valet parking shall be remote from the mall area, the
greatest extent feasible.
The design and layout of all parking areas shall be subject to the
• review and approval of the City Traffic Engineer and the Public
Works Department.
Parking lot lighting shall be developed in accordance with City
standards and shall be designed in a manner which minimizes impacts
on adjacent land uses. Nighttime lighting shall be limited to that
necessary for security and shielded from any adjacent residential
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area. The plans shall be prepared and signed by a licensed
electrical engineer; with a letter from the engineer stating that
this requirement has been met. The lighting plan shall be subject
to review and approval of the City Planning Department.
Restaurants. All restaurants, including drive -in and take -out
restaurants shall be subject to the following requirements:
1. Kitchen exhaust fans are required and shall be designed to
control odors and smoke, unless otherwise' approved by the
Newport Beach Building Department.
2. A washout area or areas is /are required and shall be provided
in such a way as to insure direct drainage into the sewer
system and not into the bay or the storm drains, unless
otherwise approved by the Newport Beach Building Department.
• 3. Grease interceptors shall be installed on all fixtures in any
restaurant facility where grease may be introduced into the
drainage systems in accordance with the provisions of the
Uniform Plumbing Code, unless otherwise approved by the Newport
Beach Building Department and Public Works Department. Grease
interceptors shall be located in such a way as to be easily
accessible for routine cleaning and inspection.
Dry Cleaning Facilities. All dry cleaning facilities shall be
subject to the following requirements:
1. Any boilers shall be isolated in accordance with the require-
ments of the Uniform Building Code.
2. The use of chemicals shall be reviewed and approved by the Fire
Prevention Bureau.
3. There shall be no outside storage of materials, supplies or
other paraphernalia.
4. The proposed dry cleaning equipment shall be installed and
operated in conformance with the requirements of the South
Coast Air Quality Management District.
Automobile Detailing. Automobile detailing, including the washing
of automobiles, may occur only if contained within a building or
parking structure. Washing of automobiles may occur only if
drainage facilities are connected to the sewer system and do not
• drain into the bay or the storm drainage system.
Landscaping. A minimum of 5% of the paved surface parking areas
shall be devoted to planting areas. A landscaping program shall be
developed for parking structures and shall be subject to the review
of the Parks, Beaches and Recreation Department and the approval of
the Planning and Public Works Departments.
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FASHION ISLAND SIGN PROGRAM
DEFINITIONS
The following terms used in this section shall have the meanings
indicated below:
Audible Signs. The term "Audible Sign" means any sign which uses
equipment to communicate a message with sound or music.
Building Elevation. The term "Building Elevation" means the
exterior wall surface formed by one (1) side of the building.
Department Store. The term "Department Store" means a store
selling a wide variety of goods or services arranged in several
departments.
Eye Level. The term "Eye Level" means at the height of five (5)
feet measured from grade.
Freestanding Commercial. The term "Freestanding Commercial" means
any building with a commercial use which is separated from other
commercial uses by parking and /or streets.
Internal Pedestrian Street. The term "Internal Pedestrian Street"
means any walkway, path, plaza, arcade or corridor, either covered
or open to the sky, which is primarily for use by people on foot
and is not adjacent to the frontage road or common parking areas.
Major Tenant. The term "Major Tenant" means a store or restaurant
having a minimum of ten thousand (10,000) square feet of floor
space, which is located within or between other commercial build-
ings.
Monument Sign. The term "Monument Sign" means any sign which is
supported by its own structure and is not part of or attached to
any building.
Sign. The term "Sign" means any media, including their structure
and component parts which are used or intended to be used out -of-
doors to communicate information to the public.
Sign Area. The tern
"Sign Area" means the area enclosed by a
rectangle drawn around
the wording, numbers or images composing the
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sign.
Sign Face. The term
"Sign Face" means the
physical plane and /or
surface upon which the
wording or images are
applied.
Sign Letter. The term "Sign Letter" means
the individual symbols
of the alphabet used in forming the words of
a message.
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Tenant Sign. The term "Tenant Sign" means any permanent sign of an
establishment which is located on or attached to the storefront
elevation, covered walkway or awning for the purpose of communicat-
ing the name of the tenant.
Temporary Signs. The term "Temporary Sign" means 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.
Theater Sign. The term "Theater Sign" means any permanent sign
used to communicate to the public the name of a theater and the
show(s) or movie(s) that are offered.
Vehicle Entry. The term "Vehicle Entry" means intersection points
along the Newport Center Drive ring road which provide access for
automobiles into Fashion Island.
• Wind Sign. The term "Wind Sign" means a series of similar banners
or objects of plastic or other light material more than two (2)
inches in diameter which are fastened together at intervals by
wire, rope, cord, string or by any other means, designed to move
and attract attention upon being subjected to pressure by wind or
breeze.
Shopping Center Identification Signs
In addition to other signs permitted by this section, monument
signs identifying the shopping center are permitted at each vehicle
entry drive location. Two (2) signs are allowed at each entry
drive location, one on either side of the driveway. The location
of the signs shall be approved by the City Traffic Engineer to
ensure adequate sight distance: The sign area of each sign face
shall not exceed one hundred (100) square feet and shall not exceed
a height of ten (10) feet. Sign illumination is permitted.
Major Tenant signs
In addition to other signs permitted by this section, signs
identifying the department stores, major buildings and major
tenants are permitted on the exterior walls or parapets of the
• building which they occupy. Within this category, one (1) sign per
building elevation is allowed, with a maximum of four (4) signs for
each department store, for each major tenant and /or for each major
tenant. Individual sign letters are not to exceed ten (10) feet in
height. Sign illumination is permitted.
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In addition, all stores are permitted to place at each entry a sign
identifying the store name and services, store address, hours of
business and emergency telephone numbers. This sign shall be
located at or below eye level to be visible to pedestrians, and
shall not exceed six (6) square feet.
Freestanding Commercial
In addition to other signs permitted by this section, signs
identifying commercial structures are permitted on the exterior
walls or parapets of the building which they occupy. Within this
category, one (1) sign per building elevation is allowed, with a
maximum of four (4) signs for each building or structure. Individ-
ual sign letters are not to exceed three (3) feet in height. Sign
illumination is permitted.
In addition, one (1) monument sign is permitted for each freestand-
ing commercial building. The total sign area, per sign face, shall
not exceed fifty (50) square feet and shall not exceed a height of
five (5) feet. Sign illumination is permitted.
Tenant Signs
In addition to other signs permitted in this section, tenant signs
which occur on exterior elevations of the shopping center and face
Newport Center Drive ring road are permitted. The total sign area
for each tenant sign shall not exceed one (1) square foot for each
lineal foot of storefront, but in no case shall the sign area
exceed one hundred (100) square feet. Sign illumination is
permitted.
Tenant signs on building elevations which occur on internal
pedestrian streets of the shopping center are permitted. The
design and size of these signs are regulated by the property
owner's shopping center sign program.
In addition, all stores are permitted to place at each entry a sign
identifying the store name and services, store address, hours of
business and emergency telephone numbers. This sign shall be
located at or below eye level to be visible to pedestrians, and
shall not exceed six (6) feet in area.
Theater Signs
In addition to other signs permitted by this section, one sign
identifying the theater establishment and the current shows or
plays at that theater complex is permitted. The theater sign can
face Newport Center Drive ring road and be on either the exterior
walls or parapets of the building which they occupy, or a free-
standing monument sign or on the adjacent parking structure. Sign
illumination is permitted. Individual letters for the theater's
name are not to exceed five (5) feet in height. Each theater show
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title is permitted a sign area of up to three (3) feet by fifteen
(15) feet.
vehicular Signs.
In addition to other signs permitted in this section, signs used to
give direction to vehicular or pedestrian traffic are permitted.
Said signs shall no contain advertising messages and shall be
subject to the review and approval of the City Traffic Engineer.
Store Address signs.
In addition to other signs permitted in this section, signs
identifying the store address number(s) are permitted at each entry
to the store. This sign shall not exceed six (6) square feet in
area.
Temporary Signs.
In addition to other signs permitted in this section, temporary
signs, intended to be displayed for sixty (60) days or less, are
permitted for purposes related to special events, seasonal activi-
ties and store openings. Temporary signs, identifying new con-
struction or remodeling, may be displayed for the duration of the
construction period beyond the sixty (60) day limit.
Nonconforming Signs.
Signs lawfully in existence on the adoption date of this Planned
Community Text which do not comply with the provisions herein shall
be regarded as legal nonconforming signs, and shall be governed by
the provisions of Chapter 20.83 of the Newport Beach Municipal
Code.
SIGN STANDARDS
Maintenance.
Signs, together with all of their supports, braces, guys and
anchors, shall be properly maintained with respect to appearance,
structural and electrical features.
Restricted Sign Types.
• Signs visible from Newport Center Drive ring road are subject to
the following restrictions: No rotating, flashing, blinking, or
signing with animation shall be permitted on a permanent basis. No
signs shall be permitted which imitate or resemble official traffic
signs or signals. No wind signs or audible signs are permitted.
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Exceptions to the restrictions noted in this section require the
review and approval of Modifications Committee of the City of
Newport Beach.
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