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HomeMy WebLinkAbout3.0_Industrial Zoning District Code Amendments_PA2020-042CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT November 19, 2020 Agenda Item No. 3 SUBJECT: Industrial Zoning District Code Amendments (PA2020-042) ▪Code Amendment No. CA2020-005 SITE LOCATION: Industrial Zoning (IG) District APPLICANT: City of Newport Beach PLANNER: Chelsea Crager, Associate Planner 949-644-3227, ccrager@newportbeachca.gov PROJECT SUMMARY The Industrial Zoning District (IG) currently limits eating and drinking establishments to “Take-Out Service – Limited” only. The proposed Zoning Code Amendment would allow Wine Tasting Rooms, subject to the approval of a conditional use permit in the IG zone. RECOMMENDATION 1)Conduct a public hearing; 2)Find this action proposed herein is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 3)Adopt Resolution No. PC2020-041 recommending the City Council approve Zoning Code Amendment No. CA2020-005 to amend Sections 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements), 20.40.040 (Off-Street Parking Spaces Required), 20.48.090 (Eating and Drinking Establishments), and 20.70.020 (Definitions of Specialized Terms and Phrases), of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, November 19, 2020 Page 2 DISCUSSION Background The Industrial (IG) Zoning District is located in the northwest portion of the City, near 16th Street and Placentia Avenue (see Figure 1), which is within the West Newport Mesa District (Attachment No. PC 2). The IG zone is intended to provide for areas appropriate for a wide range of moderate- to low-intensity industrial uses (e.g., light manufacturing and research and development) and limited accessory commercial and office uses based upon the Industrial General Plan land use category. Figure 1 On April 14, 2020, the City Council adopted Resolution No. 2020-38, initiating the subject Code Amendment and directing staff to analyze allowing food and alcohol service in the IG zone (Attachment Nos. PC 3 and PC 4). On July 23, 2020, the Planning Commission conducted a duly noticed public hearing to consider a Code Amendment to allow wine tasting rooms in the IG Zoning District, with some requirements and restrictions (Attachment Nos. PC 5 and PC 6). During their deliberations, the Planning Commission voiced concerns that a proposed 500-foot separation between properties with wine tasting rooms would result in a “spot zone” since it only would benefit a few property owners. To avoid this, the Planning Commission revised the proposed Code text to remove the 500-foot separation. The Planning Commission adopted Resolution No. PC2020-029, recommending approval of the Code Amendment to City Council. IG Zone Orange Coast Winery Index 3 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, November 19, 2020 Page 3 On August 25, 2020, the City Council conducted a duly noticed public hearing to consider the Code Amendment. During deliberations, the City Council expressed concerns regarding the potential proliferation of wine tasting rooms in the IG Zoning District , and directed staff to include a 500-foot separation between wine tasting rooms and develop public benefit findings to address concerns related to potential “spot zoning.” The Council’s action also included direction for staff to conduct additional community outreach for the project and to process a limited term permit for Orange Coast Winery to allow their existing operation to continue until final action is taken on the proposed IG Zoning District amendment. Minutes of this meeting are included as Attachment No. PC 7. On October 19, 2020, staff conducted a virtual workshop to gather input from the community regarding the Code Amendment. The virtual workshop was noticed through mailings to Newport Beach property owners within 300 feet of the IG Zoning District, notices hand-delivered to residents and tenants in the area, and postings through social media. A total of 31 community members participated in the workshop. Wine Tasting Room The amendment would establish “Wine Tasting Rooms” as a new subset of eating and drinking establishments within the Zoning Code; as well as allow them to operate within the IG Zoning District, subject to approval of a conditional use permit at a noticed public hearing by the Planning Commission. A wine tasting room operates under a Department of Alcoholic Beverage Control (ABC) Type 2 (Winegrower) license. ABC will only issue a duplicate Type 2 license for operation of a wine tasting room to a duly licensed winery. No production is allowed at the tasting room site and wine that is sold for on- or off-site consumption can only be produced at the winery that holds the master Type 2 license. ABC further prohibits the wine tasting rooms from operating as a bona fide eating place (i.e. no kitchen is permitted under State regulations). Notwithstanding the prohibition on providing food service, the operator is allowed to serve palate cleansers, such as charcuterie and cheese boards. The proposal includes the following changes to the Newport Beach Municipal Code (NBMC) (Attachment No. PC 8): • Section 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements) would be amended to require a conditional use permit for the operation of a wine tasting room in the IG Zoning District and would limit the hours of operation in the IG Zoning District to Monday through Friday from 4:00 p.m. to 11:00 p.m. and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. • Section 20.40.040 (Off-Street Parking Spaces Required) would be amended to add a parking requirement for wine tasting rooms. The parking requirement is proposed as one space per each four persons based on allowed occupancy load or as required by the conditional use permit. This parking requirement is consistent with the current Code requirements for bars, lounges, and nightclubs. 4 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, November 19, 2020 Page 4 • Section 20.48.090 (Eating and Drinking Establishments) would be amended to provide specific requirements for the wine tasting rooms. This includes a 500-foot separation requirement from schools, as measured from the school property line to the building in which the wine tasting room is located, a 500-foot separation between properties that have wine tasting rooms, a prohibition on live entertainment, and a prohibition on any food preparation equipment that would require a mechanical ventilation system. • Section 20.70.020 (Definitions of Specialized Terms and P hrases) would be amended to include the definition of wine tasting rooms within the definitions of an eating and drinking establishment. The operation of a wine tasting room in the IG Zoning District is not unprecedented. In 2010, the City Council approved an Interim Study (IS) Overlay to allow the operation of the Newport Beach Wine Company located at 869 W est 16th Street, which manufactured wine on-site and provided ancillary tastings (Attachment No. PC 9). However, the use, now known as the Orange Coast Winery, is requesting the ability to operate a dedicated tasting room with no on-site manufacturing. If this amendment is approved, Orange Coast Winery would be permitted to apply for a conditional use permit, consistent with the proposed regulations for wine tasting rooms. General Plan Consistency According to the General Plan, the IG District is a component of the West Newport Mesa area which contains a mix of residential, office, retail, industrial and public uses “[t]he IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses.” Existing ancillary commercial uses allowed within the IG District under the City’s zoning regulations include Eating and Drinking Establishments (Take-Out Service-limited), Health and Fitness Facilities and Retail (including Alcohol Sales). The following policies can be used to evaluate the proposed change. Goal LU 2 - A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policy LU 2.4 Economic Development - Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while 5 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, November 19, 2020 Page 5 maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) The proposed Zoning Code Amendment would establish “wine tasting ro oms” as a defined use within the Eating and Drinking Establishment use category. Wine tasting rooms would complement and be consistent with the other limited ancillary commercial uses permitted within the IG District in that it provides additional amenitie s that support West Newport Mesa area residents and employees by providing a social gathering place for those who live and work in the neighborhood, consistent with General Plan Goal LU 2. Additional benefits from the proposed amendment include providing o pportunities for the establishment of local businesses that generate sales tax and provide opportunities for employment which is consistent with General Plan Policy LU 2.4 (Economic Development). Spot Zoning/Public Benefit The separation requirements proposed by the Code Amendment, including 500 feet from primary and secondary schools and 500 feet from other wine tasting rooms, restricts the number of properties where wine tasting rooms may be permitted. For example, with the operation of Orange Coast Winery, one additional property in the IG Zoning District would be allowed to operate. This limitation has raised concerns of “spot zoning,” which applies when a small parcel is subject to more restrictive or less restrictive zoning than the surrounding properties. Spot zoning is permissible when the proposed zoning is in the public’s interest. In this case, the 500-foot required separation from primary and secondary schools imposed on wine tasting rooms will reduce the potential exposure of minors attending local schools to an alcohol related use that approval of the proposed amendment without imposing the separation standard would not provide. The 500-foot required separation between wine tasting rooms is intended to prevent an overconcentration of wine tasting rooms within the IG Zoning District and to ensure wine tasting rooms remain accessory commercial uses to other industrial uses within the zone. The imposition of these two separation requirements restricts opportunities to establish wine tasting rooms within the IG Zoning District and is in the public’s interest to protect the health, safety, general welfare, and character of the area while expanding opportunities through the proposed amendment. It should be noted that staff did not determine the proposed amendment is spot zoning because more than one property within the IG Zoning District could establish a wine tasting room. Additionally, given the turnover rate of eating and drinking establishments, opportunities to establish wine tasting rooms within the IG Zoning District may present themselves to various property owners over time should an allowed establishment close. Given that determinations of spot zoning can be subjective, staff has prepared and included a finding of public benefit in the draft resolution (Attachment No. PC 1) to ensure the issue is addressed. 6 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, November 19, 2020 Page 6 Community Outreach On October 19, 2020, staff conducted a virtual workshop to gather input from the community regarding the Code Amendment. The workshop was attended by 31 participants, primarily residents and business-owners as well as patrons of Orange Coast Winery. Input received was largely in support of the proposed zoning amendment. Some of the commenters expressed interest in the City exploring broader changes to the area that could provide additional uses to support neighboring residents and businesses. Questions and comments concerning parking, spot zoning and General Plan consistency were among some of the other topics discussed. Submitted written comments are included in Attachment No. PC 10. Environmental Review The Code Amendment is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. There is no evidence that alcoholic beverage service in the IG zone would result in any different or new effects on the environment than were already assumed with the IG zone. Public Notice Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code , and mailed to all owners of property within the IG Zoning District and owners of Newport Beach property within 300 feet of the boundaries of the IG Zoning District. Notice of the hearing was posted at 18 locations throughout the IG Zoning District. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: 7 Industrial Zoning District Code Amendments (PA2020-042) Planning Commission, November 19, 2020 Page 7 ATTACHMENTS PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment No. CA2020-005 PC 2 West Newport Mesa Map PC 3 City Council Resolution No. 2020-38 PC 4 City Council Minute excerpts, dated April 14, 2020 PC 5 Planning Commission Resolution No. PC2020-029 PC 6 Planning Commission Minute excerpts, dated July 23, 2020 PC 7 City Council Minute excerpts, dated August 25, 2020 PC 8 Redlined Zoning Code text changes PC 9 City Council Ordinance No. 2010-17 PC 10 Public Comments 8 Attachment No. PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment No. CA2020-005 9 INTENTIONALLY BLANK PAGE10 RESOLUTION NO. PC2020-041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2020-005, TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), 20.40.040 (OFF-STREET PARKING SPACES REQUIRED), 20.48.090 (EATING AND DRINKING ESTABLISHMENTS), AND 20.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 20 (PLANNING AND ZONING) (PA2020-042) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 14, 2020, the City Council of the City of Newport Beach adopted Resolution 2020-38 initiating an amendment to Title 20 (Planning and Zoning) to allow food and alcohol service in the Industrial Zoning District (IG) (“Zoning Code Amendment”). 2. A telephonic public hearing was held by the Planning Commission on July 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the hearing, the Planning Commission adopted Resolution No. PC2020-029 by a majority vote (4 ayes, 2 noes) recommending the City Council approve Zoning Code Amendment No. CA2020-005. 3. A telephonic public hearing was held by the City Council on August 25, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. At the hearing, the City Council acted, by a majority vote (7 ayes, 0 noes), to send Zoning Code Amendment No. CA2020-005 back to the Planning Commission within 90 days, to allow for additional 11 Planning Commission Resolution No. PC2020-041 Page 2 of 8 public outreach and consideration of public benefit findings related to concerns of spot zoning. 4. A telephonic public hearing was held by the Planning Commission on November 19, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Zoning Code Amendment is not a project subject to the California Environmental Quality Act in accordance with Section 21065 of the California Public Resources Code (“CEQA”) and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. SECTION 3. FINDINGS. 1. The Zoning Code Amendment is consistent with the City of Newport Beach General Plan (“General Plan”). According to the General Plan, “[t]he IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses.” Existing ancillary commercial uses allowed within the IG District under the City’s zoning regulations include Eating and Drinking Establishments (Take-Out Service–Limited), Health and Fitness Facilities and Retail (including Alcohol Sales). The proposed Zoning Code Amendment would establish “wine tasting rooms” as a defined use within the Eating and Drinking Establishment use category. Wine tasting rooms would complement and be consistent with the other limited ancillary commercial uses permitted within the IG District in that it provides additional amenities that support West Newport Mesa area residents and employees by providing a social gathering place for those who live and work in the neighborhood (General Plan Goal LU 2). Additional benefits from the proposed amendment include providing opportunities for the establishment of local businesses that generate sales tax and provide opportunities for employment which is consistent with General Plan Policy LU 2.4 (Economic Development). 12 Planning Commission Resolution No. PC2020-041 Page 3 of 8 2. The proposed limitations on wine tasting rooms will help ensure that potential nuisances are minimized and that the use would not operate as an eating and drinking establishment or wine bar. 3. The Zoning Code Amendment requires the building in which a wine tasting room is located to be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. The purpose of this standard is to minimize the exposure of minors to an alcohol related use. An additional limitation requires wine tasting rooms to be located a minimum of 500 feet from the property line of another wine tasting room. This separation requirement is intended to prevent an overconcentration of wine tasting rooms within the IG Zoning District and ensure wine tasting rooms remain an accessory commercial use to the industrial uses within the zone. The imposition of these two separation requirements restricts opportunities to establish wine tasting rooms on certain properties within the IG Zoning District and is in the public’s interest in that it protects the health, safety, and general welfare of the surrounding area. 4. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the Zoning Code Amendment is not a project subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The Zoning Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Zoning Code Amendment No. CA2020-005 as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. 13 Planning Commission Resolution No. PC2020-041 Page 4 of 8 PASSED, APPROVED, AND ADOPTED THIS 19th DAY OF NOVEMBER 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Erik Weigand, Chair BY:_________________________ Lauren Kleiman, Secretary 14 Planning Commission Resolution No. PC2020-041 Page 5 of 8 EXHIBIT “A” ZONING CODE AMENDMENT NO. CA2020-005 Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Industrial Zoning District Land Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the Newport Beach Municipal Code (“NBMC”) is amended to read as follows: Land Use IG Specific Use Regulations Service Uses — General Eating and Drinking Establishments Take-Out Service —Limited P Section 20.48.090 Wine Tasting Room (2) CUP Section 20.48.090 Section 2: Footnote (2) is added to Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Industrial Zoning District Land Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the NBMC to read as follows: (2) Wine Tasting Room Hours of Operation. The permitted hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. Section 3: Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of the NBMC is re-lettered and amended to include the following: F. Standards — Wine Tasting Rooms. In addition to the standards set forth in subsections (A) through (D), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. 2. The property in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that has a wine tasting room. 3. The wine tasting room shall operate under an ABC Type 2 (Winegrower) license only. 15 Planning Commission Resolution No. PC2020-041 Page 6 of 8 4. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust heat, steam or grease vapor. 5. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 6. Live entertainment is prohibited. G. Permit Requirements. 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking es tablishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing Establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; ii. An increase in the floor area principally devoted to alcohol sales by twenty- five (25) percent or more or by two hundred fifty (250) square feet or more, whichever is less; or iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than thirty (30) days. b. Objectionable Conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or ii. A pattern of substantiated complaints of activity constituting evidence of a nuisance. 16 Planning Commission Resolution No. PC2020-041 Page 7 of 8 3. Review Criteria. a. Late-Hour Operations. When reviewing an application to allow late-hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; ii. High levels of lighting and illumination; iii. Increased pedestrian and vehicular traffic activity during late night and early morning hours; iv. Increased trash and recycling collection activities; v. Occupancy loads of the use; and vi. Any other factors that may affect adjacent or nearby uses. b. Outdoor Dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the rev iew authority shall: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses” shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; ii. Consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption; and iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale). 4. Post-Decision Procedures. a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply. 17 Planning Commission Resolution No. PC2020-041 Page 8 of 8 b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 of this title (Zoning Code Administration) shall apply. Section 4: Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off- Street Parking Spaces Required) of Chapter 20.40 (Off-Street Parking) of the NBMC is amended to add a row to include parking standards for Wine Tasting Rooms to read as follows: Land Use Parking Spaces Required Service Uses—General Eating and Drinking Establishments Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Section 5: Subsection (10) is added to include the definition of “Wine Tasting Room” to the definition of “Eating and Drinking Establishments (Land Use)” within Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of the NBMC to read as follows: Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on -sale” and “Drive-through facilities.” 10. “Wine Tasting Room” means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license to provide the sale of wine that is produced by said winery for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, shall be expressly prohibited. 18 Attachment No. PC 2 West Newport Mesa Map 19 INTENTIONALLY BLANK PAGE20 C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T CITY of NEWPORT BEACHGENERAL PLAN PROJECT NUMBER: 10579-01 Source: City of Newport Beach and EIP Associates Date: 12/12/06 P A C I F I C O C E A N ?sE A°E %&l( Figure LU18WEST NEWPORT MESA 0 500250Feet Sub-Area Tidelands andsubmerged lands City Boundary Highway !Refer to anomalytable 7N LAND USE POLICY Multi-Family ResidentialCMedical-Related UsesA Neighborhood andGeneral CommercialDBGeneral Industrial February 2012 21 INTENTIONALLY BLANK PAGE22 Attachment No. PC 3 City Council Resolution No. 2020-38 23 INTENTIONALLY BLANK PAGE24 RESOLUTION NO. 2020-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO FOOD AND ALCOHOL SERVICE IN THE INDUSTRIAL ZONING DISTRICT (IG) (PA2020-042) WHEREAS, Section 20.66.020 (Initiation of Amendment) of Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach City Council") may initiate an amendment to Title 20 (Planning and Zoning) of the NBMC with or without a recommendation from the Planning Commission; and WHEREAS, the City Council desires to amend Title 20 of the NBMC related to food and alcohol service in the Industrial Zoning District (IG). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates an amendment to Title 20 Planning and Zoning) of the NBMC related to allowing food and alcohol service in the Industrial Zoning District (IG). Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative portion of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. 25 Resolution No. 2020-38 Page 2 of 2 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 14th day of April, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 26 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; the foregoing resolution, being Resolution No. 2020-38, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of April, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: Mayor Will O' Neill, Mayor Pro Tem Brad Avery, Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of April, 2020. r Leilani I. Brown , City Clerk Newport Beach, California 27 INTENTIONALLY BLANK PAGE28 Attachment No. PC 4 City Council Minute excerpts, dated April 14, 2020 29 INTENTIONALLY BLANK PAGE30 City of Newport Beach Regular Meeting April 14, 2020 recommendation to Council, and then Council would consider the items. He confirmed that there is still the ability for someone to appeal a Zoning Administrator decision to the Planning Commission, and a Planning Commission decision to the Council. Council Member Muldoon noted that the NBMC will conform to the U.S. Constitution and case law from the Ninth Circuit Court with adoption of Resolution No. 2020-35. Motion by Council Member Muldoon, seconded by Mayor O'Neill, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-35, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Tattoo Services (PA2020-030). The motion carried unanimously. Regarding Resolution No. 2020-36 (Density Bonuses), Community Development Director Jurjis reported that State laws relative to density bonuses change often and the NBMC is currently out of date. He noted that this request is to update the NBMC to conform with current State laws. Motion by Council Member Dixon, seconded by Council Member Brenner, to a) determine this action is exempt from environmental review under the California Environmental Quality Act CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-36, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Density Bonuses (PA2020-032). The motion carried unanimously. Regarding Resolution No. 2020-37 (Short -Term Lodging), Council Member Dixon noted that the City Council ad hoc committee on short-term lodging will meet shortly and bring recommendations to Council. Community Development Director Jurjis clarified that staff will return with an update to the short-term lodging emergency ordinance at the end of May. He noted that the current item is to initiate NBMC changes that will not be in the update in May, pointed out that Council discussed imposing a cap, parking requirements, a more restrictive occupant standard, and a minimum night stay, and reported that proposed amendments will first be considered by the Planning Commission and then Council. Motion by Council Member Herdman, seconded by Council Member Brenner, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-37, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Short Term Lodging (PA2020-048). The motion carried unanimously. Regarding Resolution No. 2020-38 (Food and Alcohol Service in the Industrial Zoning District), Community Development Director Jurjis reported that Council Member Muldoon requested the item through City Council Policy A-1. He indicated that the NBMC only allows the manufacturing of food and alcohol in the Industrial Zoning District, not the sale of food and alcohol, and indicated that staff is requesting Council's input regarding restrictions, which will guide staff in writing the NBMC change. Volume 64 - Page 363 31 City of Newport Beach Regular Meeting April 14, 2020 Mayor O'Neill recalled a similar discussion regarding tasting rooms a few years ago and stated his desire to know the difference between the proposals now and then. Council Member Muldoon indicated a business would close if Council does not amend the Industrial Zoning District through Resolution No. 2020-38, reported the business is willing to reduce its hours, is not a typical drinking establishment, and has a club feel with members. He noted that the amendment proposes a different rule for areas that are zoned industrial, and suggested that the proposed hours of operation not conflict with school hours, the maximum occupancy can be set by staff, the business should only be restricted to serve beer and wine, and food service should be similar to catering. Council Member Dixon indicated she made a site visit to the business two years ago and the circumstances were the same as proposed today. In response to her questions, Community Development Director Jurjis explained that the establishment has morphed over time, there is an ongoing enforcement case, the current zoning does not allow food service, and staff has tried to find a new location for the business pre -pandemic. Council Member Dixon recalled that the Council at that time unanimously voted against this because of residential parking issues and nearby schools. Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) determine this action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3; and b) adopt Resolution No. 2020-38, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Food and Alcohol Service in the Industrial Zoning District IG) (PA2020-042). With Mayor O'Neill, Mayor Pro Tem Avery, and Council Member Dixon voting "no," the motion carried 4-3. Randy Beck indicated he has been in contact with Community Development Director Jurjis, Council Member Dixon, and others regarding short-term lodging, he did not hear an update about the emergency ordinance, expressed opposition regarding Resolution No. 2020-37, and noted he sent correspondence regarding short-term lodging issues. Mayor O'Neill advised that the purpose of this item was to initiate NBMC changes and City Attorney Harp reported that the City Council ad hoc subcommittee will bring back recommendations for changes at the Council meeting at the end of May. XIX. MOTION FOR RECONSIDERATION — None XX. ADJOURNMENT — 9:34 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on April 9, 2020, at 4:00 p.m. City Clerk Will O'Neill Mayor Volume 64 - Page 364 32 Attachment No. PC 5 Planning Commission Resolution No. PC2020-29 33 INTENTIONALLY BLANK PAGE34 RESOLUTION NO. PC2020-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE ZONING CODE AMENDMENT NO. CA2020-005, TO AMEND SECTIONS 20.24.020 (INDUSTRIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS), 20.40.040 (OFF-STREET PARKING SPACES REQUIRED), 20.48.090 (EATING AND DRINKING ESTABLISHMENTS), AND 20.70.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE (PA2020-042) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On April 14, 2020, the City Council of the City of Newport Beach adopted Resolution 2020-38 initiating an amendment to Title 20 (Planning and Zoning) to allow food and alcohol service in the Industrial Zoning District (IG) (“Zoning Code Amendment”). 2. A telephonic public hearing was held by the Planning Commission on July 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Zoning Code Amendment is not a project subject to the California Environmental Quality Act in accordance with Section 21065 of the California Public Resources Code (“CEQA”) and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow a new category of use in an existing zoning district, it does not authorize new development that would directly result in physical change to the environment. DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 35 Planning Commission Resolution No. PC2020-029 Page 2 of 12 SECTION 3. FINDINGS. 1. The Zoning Code Amendment is consistent with the City of Newport Beach General Plan (“General Plan”). According to the General Plan, “[t]he IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses.” The Zoning Code Amendment would allow wine tasting rooms with limitations within the Industrial Zoning District (IG), which are accessory to wine production, sales and distribution and is a commercial use that is ancillary to the industrial uses in the vicinity. The wine tasting room would also benefit those who live and work in the area, as it would provide for a location to try wine products before purchasing. 2. The proposed limitations on wine tasting rooms will help ensure that potential nuisances are minimized and that the use would not operate as an eating and drinking establishment or wine bar. 3. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the Zoning Code Amendment is not a project subject to CEQA in accordance with Section 21065 of CEQA and CEQA Guideline Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3. The Zoning Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve Zoning Code Amendment No. CA2020-005 as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 36 Planning Commission Resolution No. PC2020-029 Page 3 of 12 PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF JULY 2020. AYES: Ellmore, Klaustermeier, Lowrey, and Weigand NOES: Kleiman and Rosene ABSTAIN: None ABSENT: Koetting BY:_________________________ Erik Weigand, Chair BY:_________________________ Lauren Kleiman, Secretary DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 37 Planning Commission Resolution No. PC2020-029 Page 4 of 12 EXHIBIT “A” ZONING CODE AMENDMENT NO. CA2020-005 Section 1: The row entitled “Eating and Drinking Establishments” of Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Allowed Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the Newport Beach Municipal Code (NBMC) is amended to read as follows: Land Use IG Specific Use Regulations Service Uses - General Eating and Drinking Establishments Take-Out Service - Limited P Section 20.48.090 Wine Tasting Room (1) CUP Section 20.48.090 Section 2: Footnote (1) is added to Table 2-12 (Allowed Uses and Permit Requirements) of Section 20.24.020(C) (Allowed Uses and Permit Requirements) of Chapter 20.24 (Industrial Zoning District (IG)) of the NBMC to read as follows: (1) Wine Tasting Room Hours of Operation. The permitted hours of operation shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m., and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. Section 3: Section 20.48.090 (Eating and Drinking Establishments) of Chapter 20.48 (Standards for Specific Land Uses) of the NBMC is re-lettered and amended to read as follows: 20.48.090 Eating and Drinking Establishments This section provides standards for the establishment and operation of eating and drinking establishments. A. Standards - All Eating and Drinking Establishments. 1. Outdoor Activities. Activities shall be conducted entirely within an enclosed structure, except for the following, which shall not be located between the activity and the side of a structure adjacent to a residential zoning district. a. The checking of patrons’ identification; b. Valet parking activities; DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 38 Planning Commission Resolution No. PC2020-029 Page 5 of 12 c. Outdoor dining when in compliance with the standards in subsection (D) of this section (Standards—Outdoor Dining); d. Outdoor smoking areas in compliance with State law; e. Queuing of patrons, which shall be managed to: i. Allow pedestrian passage on the sidewalk; and ii. Not be adjacent to residential zoning districts and residential uses. 2. Outdoor Storage. Outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be allowed if the storage area is: a. Screened from public view, subject to the Director’s approval; and b. Dedicated for storage only; provided that the dedicated area shall not occupy required parking spaces or open space areas. 3. Solid Waste Storage. The review authority may require storage areas and receptacles that are in addition to the requirements for solid waste storage areas in Section 20.30.120 (Solid Waste and Recyclable Materials Storage). B. Standards - On-Sale Alcohol Sales. 1. Operational Standards. In addition to the standards in subsection (A) of this section, the following standards shall apply to eating and drinking establishments that sell, serve, or give away alcohol: a. Sales Activities. Alcoholic beverages shall not be sold, served, or given away: i. Outside of the exterior walls of the eating and drinking establishment, except for approved outdoor dining areas; ii. From drive-up or walk-up service windows; or iii. To persons in watercraft. b. Litter and Graffiti. The owner/operator shall: i. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 39 Planning Commission Resolution No. PC2020-029 Page 6 of 12 ii. Provide for daily removal of trash, from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and iii. Remove graffiti within forty-eight (48) hours of written notice from the City. c. Security. The review authority may require the eating and drinking establishment to provide security personnel, security programs, and/or surveillance devices. d. Sales Training. i. Owners, operators, servers, vendors, and persons selling, serving, or giving away alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. ii. Records of each owner’s, operator’s, server’s, vendor’s, and employee’s successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. e. Conditions of Approval. The owner/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. f. Public Telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. 2. Development Standards. a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the following shall apply: i. Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. ii. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. b. Site and Floor Plans. The site and floor plans of an eating and drinking establishment that sells, serves, or gives away alcohol shall incorporate design features to reduce alcohol-related problems. The review authority may require the DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 40 Planning Commission Resolution No. PC2020-029 Page 7 of 12 incorporation of preventive design features (e.g., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public rights-of-way and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior) and other safety features (e.g., security, restrooms, additional exits, etc.). C. Standards - Noise Control Late-Hour Operations. To encourage appropriate patron conduct, the owner/operator of an eating and drinking establishment that sells, serves, or gives away alcohol shall post signs at clearly visible locations within the establishment and at both on-site and off-site parking areas under the owner/operator’s control. The signs shall request patrons to keep noise to a minimum. D. Standards - Outdoor Dining (Including Late-hour Operations). 1. Public Property. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department. 2. Private Property. Outdoor dining on private property shall comply with the following standards: a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. b. Associated Elements. Physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights-of-way shall be compatible with one another and with the overall character and design of the principal structure(s). E. Standards - Bars, Nightclubs, and Lounges. Bars, nightclubs, and lounges shall comply with the standards in subsections (A) through (D) of this section. In addition, the structure in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior noise is not audible beyond the lot line with the doors and windows closed. F. Standards - Wine Tasting Rooms. In addition to the standards set forth in subsections (A) through (D), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 41 Planning Commission Resolution No. PC2020-029 Page 8 of 12 2. The wine tasting room shall operate under an ABC Type 2 (Winegrower) license only. 3. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust heat, steam or grease vapor. 4. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 5. Live entertainment is prohibited. G. Permit Requirements. 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing Establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; ii. An increase in the floor area principally devoted to alcohol sales by twenty- five (25) percent or more or by two hundred fifty (250) square feet or more, whichever is less; or iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than thirty (30) days. b. Objectionable Conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 42 Planning Commission Resolution No. PC2020-029 Page 9 of 12 ii. A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Review Criteria. a. Late-Hour Operations. When reviewing an application to allow late-hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; ii. High levels of lighting and illumination; iii. Increased pedestrian and vehicular traffic activity during late night and early morning hours; iv. Increased trash and recycling collection activities; v. Occupancy loads of the use; and vi. Any other factors that may affect adjacent or nearby uses. b. Outdoor Dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the review authority shall: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses” shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; ii. Consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption; and iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale). 4. Post-Decision Procedures. DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 43 Planning Commission Resolution No. PC2020-029 Page 10 of 12 a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply. b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 of this title (Zoning Code Administration) shall apply. Section 4: Table 3-10 (Off-Street Parking Requirements) in Section 20.40.040 (Off- Street Parking Spaces Required) is amended to add a row to include parking standards for Wine Tasting Rooms to read as follows: Land Use Parking Spaces Required Service Uses—General Eating and Drinking Establishments Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit Section 5: The definition for “Eating and Drinking Establishments (Land Use)” within Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) shall be amended to include the definition of “Wine Tasting Room” to read as follows: Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on-sale” and “Drive-through facilities.” 1. “Accessory food service” means a type of food service establishment that: a. Sells food and/or beverages as an accessory use in a retail, office, or institutional structure; b. Does not change the character of the principal use; c. Does not sell, serve, or give away alcoholic beverages; d. Does not have an entrance separate from the principal use; and e. Has hours of operation that are the same as those of the principal use. 2. “Bar, lounge, and nightclub” means an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 (On-Sale Beer and Wine—Public Premises), ABC DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 44 Planning Commission Resolution No. PC2020-029 Page 11 of 12 License Type 48 (On-Sale General—Public Premises), and ABC License Type 61 (On- Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 3. “Fast food” means an establishment whose design or principal method of operation includes four or more of the following characteristics: a. A permanent menu board is provided from which to select and order food; b. A chain or franchise restaurant; c. Customers pay for food before consuming it; d. A self-service condiment bar and/or drink service is/are provided; e. Trash receptacles are provided for self-service bussing; and f. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations (see “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.” 4. “Food service, no late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does not have late hour operations (see “Late hour operations”); b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 5. “Food service, late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does have late hour operations (see “Late hour operations”); b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 6. “Late hour operations” means facilities that provide service after 11:00 p.m. DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 45 Planning Commission Resolution No. PC2020-029 Page 12 of 12 7. “Outdoor dining, accessory” means an outdoor dining area contiguous and accessory to a food service establishment. 8. “Take-out service, limited” means an establishment that sells food or beverages and that has all of the following characteristics: a. Sales are primarily for off-site consumption; b. Customers order and pay for food at either a counter or service window; c. Incidental seating up to six seats may be provided for on-site consumption of food or beverages; and d. 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. 9. “Take-out service only” means an establishment that offers a limited variety of food or beverages and that has all of following characteristics: a. Sales are for off-site consumption; b. Seating is not provided for on-site consumption of food or beverages; and c. Alcoholic beverages are not sold, served, or given away on the premises. 10. “Wine Tasting Room” means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license to provide the sale of wine that is produced by said winery for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, shall be expressly prohibited. DocuSign Envelope ID: 76F0F025-3D5B-452F-80A5-11AC23FB0B63 46 Attachment No. PC 6 Planning Commission minute excerpts, dated July 23, 2020 47 INTENTIONALLY BLANK PAGE48 Planning Commission Minutes July 23, 2020 9 of 12 Shawna Schaffner, applicant representative, indicated three parcels on the street have previously been divided into two parcels with configurations similar to that proposed for the subject parcel. She reiterated the proposed lot sizes, access from Santiago Drive, and a net increase of one residential lot. Jim Mosher remarked regarding the application's consistency with the General Plan. The staff report and proposed resolution do not indicate the General Plan provision that will be amended. Staff indicated the application is consistent with the General Plan policy that prohibits new residential subdivisions, which appears to be a contradiction. He inquired whether a condition of approval prohibiting a gate across the driveway is necessary so that emergency access is available at all times. In reply to Chair Weigand's inquiry, Community Development Director Seimone Jurjis related that a condition of approval requiring an application for development of the property be presented to the Zoning Administrator as a receive and file item can be added. Chair Weigand explained that he wants to provide neighbors with an opportunity for input, to increase vetting of any project, and to provide the Planning Commission with an opportunity to call the project for review. Chair Weigand closed the public hearing. Motion made by Commissioner Kleiman and seconded by Commissioner Ellmore to find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and adopt Resolution No. PC2020-028 approving General Plan Amendment No. GP2020-003 and Tentative Parcel Map No. NP2020-007. Chair Weigand reopened the public hearing. In answer to Chair Weigand's query, Ms. Schaffner commented that staff's review of projects is thorough. If staff determines a future application for a residence meets the City's stringent guidelines, the application should not be presented to the Zoning Administrator as the Zoning Code grants the Zoning Administrator little authority to change the project. She requested a condition of approval not be added. Commissioner Kleiman concurred with Ms. Schaffner's analysis. Chair Weigand closed the public hearing. AYES: Weigand, Lowrey, Kleiman, Ellmore, Klaustermeier, Rosene NOES: ABSTAIN: ABSENT: Koetting [The Planning Commission proceeded to Item 2.] ITEM NO. 4. INDUSTRIAL ZONING (IG) ZONING DISTRICT CODE AMENDMENTS (PA2020-042) Site Location: Northwest corner of the City near Costa Mesa along Production Place, 16th Street, and portions of Monrovia Avenue Summary: Amendments to Sections 20.70.020 (Definitions of Specialized Terms and Phrases), 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements), 20.40.040 (Off-Street Parking Spaces Required), and 20.48.090 (Eating and Drinking Establishments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. The changes would allow wine tasting rooms subject to obtaining a conditional use permit in the IG Zoning District. Recommended Action: 1. Conduct a public hearing; 2. Find this action proposed herein is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 49 Planning Commission Minutes July 23, 2020 10 of 12 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and 3. Adopt Resolution No. PC2020-029 recommending the City Council approve Zoning Code Amendment No. CA2020-005 to amend Sections 20.24.020 (Industrial Zoning District Land Uses and Permit Requirements), 20.40.040 (Off-Street Parking Spaces Required), 20.48.090 (Eating and Drinking Establishments), and 20.70.020 (Definitions of Specialized Terms and Phrases), of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. Planning Consultant David Blumenthal explained the licensing process and requirements for a wine tasting room. The proposal is to allow wine tasting rooms in the Industrial Zoning District (IG) and to require a conditional use permit prior to operations commencing. The amendment would prohibit the sale of beer or distilled spirits, allow onsite and offsite consumption of wine, prohibit live entertainment and operations as a restaurant, limit hours of operation to 4 p.m. to 11 p.m. Monday through Friday and noon to 11 p.m. on Saturday and Sunday, and require separation of wine tasting rooms from other wine tasting rooms and schools. Orange Coast Winery, a wine tasting room, has been operating as a nonconforming use since 2010. If the amendment is approved, Orange Coast Winery will need to apply for a conditional use permit. In response to Chair Weigand's inquiries, Planning Consultant Blumenthal advised that one or two properties in the IG Zone could accommodate a wine tasting room with Orange Coast Winery operating at its site. Wine tasting rooms would have to be located 500 feet from Pacifica Christian school. The separation requirement is limited to primary and secondary education sites. Vice Chair Lowrey and Chair Weigand disclosed ex parte communications with the consultant. All other Commissioners disclosed no ex parte communications. Chair Weigand opened the public hearing. Philip Greer, consultant for Orange Coast Winery, advised that the staff report is comprehensive. Jim Mosher remarked that the amendment appears to benefit only one property owner. The separation requirement is measured to the building because part of the parcel would be eliminated if the measurement is to the property. In 2010, food processing uses were approved in the IG Zone. A wine tasting room is not consistent with the General Plan. Chair Weigand closed the public hearing. Commissioner Kleiman recalled a similar application which the Planning Commission approved and the City Council denied. Community Development Director Jurjis clarified that the prior application was for a brewery, a distillery, and a winery. The Council initiated the current application and directed staff to develop a restricted standard to allow a winery. Commissioner Kleiman indicated she considered the application as spot zoning and would not support approval. This is an opportunity for one business to be located in an area where it does not belong. In answer to Chair Weigand's questions, Community Development Director Jurjis explained that the Commission is making a recommendation to the City Council. If the Council denies the amendment, the existing use will have to cease operations or convert its business model to the original model. The business is producing offsite. Commissioner Rosene agreed that the amendment seems to benefit a single entity and to be spot zoning. The IG Zone could benefit from a new and interesting use. There is not much opportunity for other businesses to utilize the amendment. Assistant City Attorney Summerhill clarified spot zoning as a parcel being given less rights than surrounding parcels. While only one or two properties could be a winery, this is not necessarily quintessential spot zoning. The Planning Commission could recommend a smaller separation to allow additional wineries in the area. 50 Planning Commission Minutes July 23, 2020 11 of 12 In response to Chair Weigand's queries, Community Development Director Jurjis indicated staff set the 500-foot distance. The Council directed staff to include a separation requirement but did not specify a distance. Planning Consultant Blumenthal did not know the number of parcels that could accommodate a winery if the separation requirement from the existing business is eliminated. The number could be greater than ten. Chair Weigand could support removing the separation requirement from the existing winery. Commissioner Kleiman shared her understanding of spot zoning. The Council denied the earlier application because it was piecemeal and the proposed use needed a more comprehensive review. Schools and churches are located in the area. In reply to Commissioner Ellmore's inquiry, Planning Consultant Blumenthal explained that the proposed amendment pertains to the IG Zone only, and a wine tasting room is not allowed elsewhere in the City. Motion made by Commissioner Kleiman and seconded by Commissioner Rosene to recommend the Council deny the application. Substitute Motion made by Chair Weigand and seconded by Vice Chair Lowrey to recommend the Council approve the application and remove the 500-foot separation distance from the existing winery. Vote on the Substitute Motion: AYES: Weigand, Lowrey, Ellmore, Klaustermeier NOES: Kleiman, Rosene ABSTAIN: ABSENT: Koetting VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 5 MOTION FOR RECONSIDERATION None ITEM NO. 6 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Community Development Director Jurjis reported the Council on July 29, 2020 will review and consider Local Coastal Program cleanup amendments, an extension of the Development Agreement with Hoag Hospital, and the Newport Airport Village project. The Airport Land Use Commission found the project inconsistent with the Airport Land Use Plan. The Planning Commission's next meeting will be August 20, 2020. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES None X. ADJOURNMENT – 10:32 p.m. 51 INTENTIONALLY BLANK PAGE52 Attachment No. PC 7 City Council Minute excerpts, dated August 25, 2020 53 INTENTIONALLY BLANK PAGE54 City of Newport Beach Study Session and Regular Meeting August 25, 2020 title only, introduce Ordinance No. 2020-20, An Ordinance of the City Council of the City of Newport Beach, California, Granting the 2020 Non -Exclusive Franchise Agreements for Commercial Solid Waste and Divertible Materials Handling Services within the City of Newport Beach to the 15 so named companies, and pass to second reading on September 8, 2020. The motion carried unanimously. 16. Ordinance No. 2020-21: Zoning Code Amendment to Allow Wine Tasting Room Uses within the Industrial Zoning District (PA2020-042) [100-20201 In response to Mayor O'Neill's questions, Community Development Director Jurjis indicated that in order to limit the amendment as much as possible staff proposed wine tasting only, provided a map depicting the 500 -foot exclusion zone, and noted that, to staffs knowledge, no schools are located within the Costa Mesa portion of the exclusion zone. City Attorney Harp advised that the proposed Code amendment cannot be further amended during the meeting to include beer tasting. In response to Council Member Dixon's questions, Community Development Director Jurjis explained that the map shows the buildings where the use would be allowed and this use has not been considered in a General Plan process, noted that Council has considered but not supported an alcohol use in the Industrial Zone in the past, stated that the community has not provided input regarding uses for the area, noted that the Orange County Winery is currently operating as a retail establishment when it should be operating as a manufacturing establishment, related that staff has been aware of Orange County Winery's noncompliance for approximately a year and a half and has suspended an enforcement action pending Council action on the Code amendment, and added that if Council approves the Code amendment, Orange Coast Winery would apply for a Conditional Use Permit (CUP), otherwise, staff will pursue Code enforcement action. Council Member Dixon stated when she visited the site approximately a year and a half ago, the tenant understood he was operating without a permit and was hoping for a favorable disposition from the City. At the time, she recommended leniency while the tenant searched for another location. Community Development Director Jurjis believed the tenant has found a location in Costa Mesa but is awaiting Council's action, stated that this item and alcohol service in the Industrial Zone have not been discussed in the General Plan Update process, and the community has not provided input on the issues, noted that public comment on the item has been supportive, and added that the Police Department has not considered the project. Council Member Dixon indicated she would not support the proposed Code amendment without a study and community input, and recommended Council defer the item until the General Plan committee could review it. Mayor Pro Tem Avery noted that the Orange Coast Winery is located in his district, the business has morphed since it opened, noted that these uses have been successful in industrial zones in other cities, and believed Council should review the use and rezoning. In response to Council Member Brenner's questions, Community Development Director Jurjis related that staff has not conducted any outreach to businesses and residents in the area. Council Member Brenner loved the idea of having eating and drinking establishments within walking distance of homes, but this seems to be a piecemeal approach. She expressed opposition to rewarding people who break laws and defy ordinances, indicated she wanted to see a study of changes to the area that could make it inviting for residents, and did not believe this is the right way to change the zoning for the area. In response to her question, Community Development Director Jurjis advised that the only process is the General Plan Update process due to staff resources. Council Member Muldoon believed this use would be excellent for the neighborhood as it would increase property values and may create more housing, stated he was elected not to impede business and not to micromanage free enterprise, believed there should be beer tasting as well as wine tasting, noted that if others want to do this, they will have to utilize the General Plan process, and pointed out that he had not received any public comments opposing the proposed Code amendment. Volume 64 - Page 502 55 City of Newport Beach Study Session and Regular Meeting August 25, 2020 Mayor O'Neill opened the public hearing. Phil Greer, attorney for the applicant, reported that the applicant seeks to continue the wine tasting operation that has been in effect for approximately ten years, the applicant was not aware of the noncompliance issue until City personnel visited the site, the business is currently closed, the proposed amendment would allow any business to apply for a CUP to operate a wine tasting room, the application process includes community research and outreach, the applicant has not found a location in Costa Mesa, the applicant does not serve food or drinks and has no kitchen, the applicant wants to sell wine from a specific winery, the proposed amendment would essentially modify a definition, parking for the business is more than adequate, and believed the proposed amendment would enhance growth in the area, provide alternatives, and increase property values. Jim Mosher agreed with Council Member Dixon, was unclear how this decision got through the Planning Commission, referenced General Plan goals for the Industrial Zone, noted that a wine tasting operation could be accommodated in other areas in the City, believed the proposed amendment is incompatible with the current General Plan, and stated that approving the proposed amendment would exclude this type of business from all other areas in the City. John Allred, Toes on the Nose shop owner, supported having a wine tasting facility in the current location as the area is unique and offers an opportunity for something special, noted that his business neighbors also support the applicant and business is difficult enough without this kind of challenge. Michael Bakke believed a walkable route from his home to a wine tasting room would be a good thing for his neighborhood, the business would draw professionals and educated people, and supported the project. Dorothy Kraus did not support amending the Code, stated there was no outreach to the area, believed this is spot zoning, and suggested folding the issue into Housing Element discussions. Hearing no further testimony, Mayor O'Neill closed the public hearing. In response to Council Member Brenner's questions, Community Development Director Jurjis reported a use was granted for the manufacturing of wine, Orange County Winery had a little tasting room and, over time, they stopped manufacturing wine and became a wine tasting room with food service. He added that this area is under consideration as a housing opportunity site rather than a future restaurant or alcohol use, and proposals for commercial uses in the Industrial Zone will be discussed as part of the General Plan Update process. Council Member Duffield shared his observations of the area over the past 50 years, indicated true industrial manufacturing does not exist in the area, stated that retail businesses in the area are disguised as wholesale businesses, and believed, in the big picture, the wine tasting room would not harm the area. Mayor Pro Tem Avery stated the owners have been running a good operation, believed creating a discrete zone for this type of use could have potential and should be explored, suggested Council could figure out a way to proceed without ignoring the planning process, and acknowledged he received support for this type of business. Mayor O'Neill noted the item before Council is different from the item presented to the Planning Commission, the original item would affect fewer buildings and preserve what has been in the area for years, and the Planning Commission recommended deleting the 500 -foot exclusion zone. In response to his questions, City Attorney Harp explained spot zoning, reported that the item presented to the Planning Commission was closer to spot zoning than the item before Council, noted that spot zoning is allowed if a public benefit can be shown, stated that spot zoning is not applicable to the item before Council, added that if Council wishes to proceed with the item presented to the Volume 64 - Page 503 56 City of Newport Beach Study Session and Regular Meeting August 25, 2020 Planning Commission, it should find that some public benefit results from the spot zoning, and clarified that a public benefit is not mentioned in the staff report. Community Development Director Jurjis advised that staff did not view the item before the Planning Commission as spot zoning and did not discuss a public benefit, displayed a slide showing a map of the exclusion zone and the two parcels outside the zone, one of which could apply for a CUP for a wine tasting use. Further, because another parcel could benefit from the proposed amendment, staff did not consider a finding for a public benefit. Mayor O'Neill suggested Council return the item to the Planning Commission with direction to review the 500 -foot separation from schools and 500 -foot separation from another use, analyze the item from spot zoning and public benefit perspectives, review it soon, and notice the community/homeowners associations, Carden Hall, and Pacifica Christian High School. If the Planning Commission cannot determine a public benefit, then that is the situation. He noted that a more robust discussion of what the area should look like in the future could be a middle ground. Council Member Dixon indicated the Planning Commission interprets the rules and is being asked to make new rules, believing that a zoning change should be community driven and the final plan should be presented to the Planning Commission. She stated that if the Planning Department had sufficient resources, she would suggest forming an ad hoc committee to review and engage the community. In response to her question, Community Development Director Jurjis related that the City does not have any tools to allow an illegal use to continue operating for one or two years; however, at best, a 90 -day limited term permit may allow the business to operate. He stated that staff suspended an active enforcement to allow the business to find a new location and await the result of the proposed Code amendment and direction from Council. Council Member Muldoon stated that the General Plan is not a sacred document and is meant to be amended, believed those who want to squash businesses will often use rules imposed by the General Plan and omit the fact that the document is not meant to confine, stated that the landlord will do what he wants with the property, and further noted that the General Plan is not meant to be more important than people. Motion by Council Member Muldoon, seconded by Council Member Duffield, to a) find this action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)( 2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)( 3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; and b) waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2020-21, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2020-005 to Amend Section 20.24.020 Industrial Zoning Land Uses and Permit Requirements) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code and Other Related Provisions to Allow for Wine Tasting Rooms within the Industrial Zoning District (IG) (PA2020-042), and pass to second reading on September 8, 2020. In response to Council Member Brenner's question, Community Development Director Jurjis understood most of the coffee houses, restaurants, and retail shops in that area are actually located in Costa Mesa, noted that a coffee roasting business that does some onsite tasting and a catering facility are located in Newport Beach and there could be some retail businesses operating in the area. Council Member Brenner expressed concern that one business would be penalized when the whole area may be in transition and suggested studying the issue and conducting outreach. Mayor Pro Tem Avery expressed wanting to discuss an extension for the business while studying the issues and engaging the community. In response to Council Member Dixon's question, Community Development Director Jurjis reported that a limited term permit could allow operations for 90 days and could be extended for an additional 90 days, and stated that Council could approve the item with direction to staff to study the area and return with something broader. Volume 64 - Page 504 57 City of Newport Beach Study Session and Regular Meeting August 25, 2020 In response to Council Member Herdman's question, Community Development Director Jurjis noted that approval of tonight's item would impose a CUP, so it is discretionary. Mayor O'Neill recapped that, within the 90 days provided through a limited term permit, the Planning Commission and the community could discuss the item, the Planning Commission should analyze the 500 -foot exclusion zone and make a determination regarding public benefit, believed that two hearings before the Planning Commission and two hearings before the City Council provide plenty of opportunities for public input, and noted the Planning Commission is tasked with interpreting the Code and making recommendations regarding a public benefit. In response to Mayor O'Neill's question, Community Development Director Jurjis advised that a limited term permit would allow the business to operate for 90 days while the Planning Commission analyzes the issues and staff conducts community outreach, and stated that the Planning Commission could also extend the limited term permit for a second 90 -day period. In response to Council Member Dixon's question, Mayor O'Neill doubted there would be a high- speed, holistic review process because only two parcels outside the 500 -foot exclusion zone would be allowed to apply for a wine tasting use, believed allowing the use on two additional parcels is not a holistic change, and stated that if this is close to spot zoning, the Planning Commission should attempt to find a public benefit. In response to Council Member Brenner's questions, Mayor O'Neill believed the Housing Element Update Advisory Committee (HEUAC) would have to consider the area for housing and clarified that modifying the zoning to allow an additional use now does not prevent Council from modifying the zoning for housing in a future General Plan. Community Development Director Jurjis clarified that the General Plan sets the path forward, and the Zoning Code implements the General Plan. In response to Council Member Muldoon's question, City Attorney Harp indicated one public benefit could be the fact that there is a lack of this type of general service business in the area. Council Member Muldoon believed Council could establish a public benefit from the dais which would include having a business within walking distance of residences, preservation of the value of the business, and preparation for the likely future of this area, which will increase revenues through property and sales taxes. In response to Council Member Dixon's question, Community Development Director Jurjis reported a zoning change is needed to allow the business to operate for the long term; however, a limited term permit would allow the business to operate for a maximum of six months. Council Member Dixon noted the problem is the zoning and supported approving a limited term permit while the Planning Commission analyzes a public benefit. Mayor O'Neill clarified that Council cannot direct the issuance of a limited term permit. If the motion fails, he would propose a compromise motion to send the item back to the Planning Commission for review of the 500 -foot exclusion zones from schools and similar businesses, direct the Planning Commission to hold a public hearing within 90 days unless it needs more community input, and strongly suggest the issuance of a permit that puts the business in compliance and the approval of a permit extension if the Planning Commission cannot hold a hearing within 90 days. In response to his question, City Attorney Harp confirmed that the proposed compromise motion is legal. Mayor O'Neill noted staff should drive community participation. Amended motion by Council Member Muldoon seconded by Council Member Duffield, to a) send the matter back to the Planning Commission to review the 500 foot separation from schools and 500 foot separation between properties that have wine tasting rooms and make a recommendation regarding findings for the public benefit for spot zoning within 90 days with staff conducting community outreach; b) suggest staff issue a 90 day special permit to allow the interim use, which the Planning Commission may extend for up to six months if needed; and c) return to the City Council after the conclusion of Planning Commission's review. Volume 64 - Page 505 58 City of Newport Beach Study Session and Regular Meeting August 25, 2020 The amended motion carried unanimously. 17. Resolution No. 2020-76: Appeal of Planning Commission's Decision of an AT&T Small Cell Installation (PA2019-111) [100-2020] Mayor O'Neill recused himself due to business interest conflicts. Council Member Brenner recused herself due to financial interest conflicts. Council Member Muldoon recused himself due to previous business interest conflicts. Mayor Pro Tem Avery described the process for the public hearing. City Attorney Harp noted the Charter requires four affirmative votes to pass any resolution and discussed the consequences of less than four affirmative votes. Senior Planner Zdeba utilized a presentation to provide the background of the project, limitations on the review process, the request, renderings of the existing and proposed light standard, alternative sites, coverage, findings, the appeal, and staffs recommendation. Mayor Pro Tem Avery opened the public hearing. Cory Autrey, representing AT&T, reported he was involved in negotiating the Master License Agreement (MLA) with the City. Emily Murray, attorney for the applicant, reviewed the legal issues raised in the appeal and the applicant's responses, believed the issues have no legal merit, noted that during the Planning Commission hearing, the City Attorney advised the Planning Commission that the issues did not pose any risk to the City, and affirmed that the applicant requests Council deny the appeal. Mark Pollock, representing the appellant, detailed concerns regarding the City's liability that resulted in the appeal, reviewed discrepancies within the document, requested the correction of the permit holder's name to New Cingular Wireless PCS, LLC to ensure the indemnity provisions of the MLA are legal and enforceable, and recommended that the applicant re -submit the application with the proper name and proof of self-insurance for electromagnetic field and pollution coverage. In response to Council Member Dixon's question, City Attorney Harp believed the entity and insurance are proper and Council can make the findings and uphold the Planning Commission's decision. Jim Mosher understood Council could consider issues other than those the appellant raised and discussed Zoning Code and Coastal Implementation Program priorities for locating wireless facilities and the inability of small cell facilities to function from rooftops. An unidentified speaker stated he supports the appeal because of problems with the application and discussed the need for environmental review under the National Environmental Policy Act (NEPA), complaints to the Federal Communications Commission (FCC), and electromagnetic field emissions. Ms. Murray clarified the applicability of NEPA. Mr. Autrey indicated many laws grant AT&T access to public right-of-ways, and -small cell technology provides the best coverage when deployed in public right-of-ways. Hearing no further testimony, Mayor Pro Tem Avery closed the public hearing. Motion by Council Member Dixon, seconded by Council Member Herdman, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15302 and 15303 under Class 2 (Replacement or Reconstruction) and Class 3 (New Construction or Volume 64 - Page 506 59 INTENTIONALLY BLANK PAGE60 Attachment No. PC 8 Redlined Zoning Code text changes 61 INTENTIONALLY BLANK PAGE62 TITLE 20 (PLANNING AND ZONING) 20.70.020 Definitions of Specialized Terms and Phrases. Eating and Drinking Establishments (Land Use). See also “Alcohol sales, on-sale” and “Drive- through facilities.” 1. Accessory food service” means a type of food service establishment that: a. Sells food and/or beverages as an accessory use in a retail, office, or institutional structure; b. Does not change the character of the principal use; c. Does not sell, serve, or give away alcoholic beverages; d. Does not have an entrance separate from the principal use; and e. Has hours of operation that are the same as those of the principal use. 2. Bar, lounge, and nightclub” means an establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premises license from the California State Department of Alcoholic Beverage Control (ABC) (i.e., ABC License Type 42 (On-Sale Beer and Wine—Public Premises), ABC License Type 48 (On-Sale General—Public Premises), and ABC License Type 61 (On-Sale Beer—Public Premises)). Persons under twenty-one (21) years of age are not allowed to enter and remain on the premises. The establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the licensee. 3. Fast food” means an establishment whose design or principal method of operation includes four or more of the following characteristics: a. A permanent menu board is provided from which to select and order food; b. A chain or franchise restaurant; c. Customers pay for food before consuming it; d. A self-service condiment bar and/or drink service is/are provided; e. Trash receptacles are provided for self-service bussing; and f. Furnishing plan indicates stationary seating arrangements. A fast food establishment may or may not have late hour operations (see “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.” 4. Food service, no late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does not have late hour operations (see “Late hour operations”); 63 b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 5. Food service, late hours” means an establishment that sells food and beverages, including alcoholic beverages, prepared for primarily on-site consumption, and that has all of the following characteristics: a. Establishment does have late hour operations (see “Late hour operations”); b. Customers order food and beverages from individual menus; c. Food and beverages are served to the customer at a fixed location (i.e., booth, counter, or table); and d. Customers pay for food and beverages after service and/or consumption. 6. Late hour operations” means facilities that provide service after 11:00 p.m. 7. Outdoor dining, accessory” means an outdoor dining area contiguous and accessory to a food service establishment. 8. Take-out service, limited” means an establishment that sells food or beverages and that has all of the following characteristics: a. Sales are primarily for off-site consumption; b. Customers order and pay for food at either a counter or service window; c. Incidental seating up to six seats may be provided for on-site consumption of food or beverages; and d. 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. 9. Take-out service only” means an establishment that offers a limited variety of food or beverages and that has all of following characteristics: a. Sales are for off-site consumption; b. Seating is not provided for on-site consumption of food or beverages; and c. Alcoholic beverages are not sold, served, or given away on the premises. 10. “Wine Tasting Room” means an establishment that operates pursuant to an ABC Type 2 (Winegrower) license winery to provide the sale of wine that is produced by said winery for on- and off-site consumption. The sale of other types of alcohol, such as beer and distilled spirits, shall be expressly prohibited. 64 20.24.020 Industrial Zoning District Land Uses and Permit Requirements. Table 2-12 Land Use IG Specific Use Regulations Service Uses - General Eating and Drinking Establishments Take-Out Service - Limited P Section 20.48.090 Wine Tasting Room (1) CUP Section 20.48.090 (1) Wine Tasting Room Hours of Operation. The permitted hours of operation that the establishment is open to the public shall be limited to Monday through Friday from 4:00 p.m. to 11:00 p.m. and Saturday and Sunday from 12:00 p.m. to 11:00 p.m. 20.48.090 Eating and Drinking Establishments This section provides standards for the establishment and operation of eating and drinking establishments. A. Standards - All Eating and Drinking Establishments. 1. Outdoor Activities. Activities shall be conducted entirely within an enclosed structure, except for the following, which shall not be located between the activity and the side of a structure adjacent to a residential zoning district. a. The checking of patrons’ identification; b. Valet parking activities; c. Outdoor dining when in compliance with the standards in subsection (D) of this section (Standards—Outdoor Dining); d. Outdoor smoking areas in compliance with State law; e. Queuing of patrons, which shall be managed to: i. Allow pedestrian passage on the sidewalk; and ii. Not be adjacent to residential zoning districts and residential uses. 2. Outdoor Storage. Outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be allowed if the storage area is: a. Screened from public view, subject to the Director’s approval; and b. Dedicated for storage only; provided, that the dedicated area shall not occupy required parking spaces or open space areas. 65 3. Solid Waste Storage. The review authority may require storage areas and receptacles that are in addition to the requirements for solid waste storage areas in Section 20.30.120 (Solid Waste and Recyclable Materials Storage). B. Standards - On-Sale Alcohol Sales. 1. Operational Standards. In addition to the standards in subsection (A) of this section, the following standards shall apply to eating and drinking establishments that sell, serve, or give away alcohol: a. Sales Activities. Alcoholic beverages shall not be sold, served, or given away: i. Outside of the exterior walls of the eating and drinking establishment, except for approved outdoor dining areas; ii. From drive-up or walk-up service windows; or iii. To persons in watercraft. b. Litter and Graffiti. The owner/operator shall: i. Maintain the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times; ii. Provide for daily removal of trash, from the premises and abutting sidewalks or alleys within twenty (20) feet of the premises; and iii. Remove graffiti within forty-eight (48) hours of written notice from the City. c. Security. The review authority may require the eating and drinking establishment to provide security personnel, security programs, and/or surveillance devices. d. Sales Training. i. Owners, operators, servers, vendors, and persons selling, serving, or giving away alcoholic beverages shall complete a Licensee Education on Alcohol and Drugs (LEAD) program sponsored by the Department of Alcoholic Beverage Control. ii. Records of each owner’s, operator’s, server’s, vendor’s, and employee’s successful completion of the LEAD training program shall be maintained on the premises and shall be presented to a representative of the City upon request. e. Conditions of Approval. The owner/operator shall maintain a copy of the most recent City permit conditions of approval on the premises and shall post a notice that these are available for review on the premises. The posted notice shall be signed by the permittee. f. Public Telephones. Upon request of the Police Chief or as required by the ABC, a public telephone located on the premises or in an adjacent area under the control of the owner/operator shall be equipped with devices or mechanisms that prevent persons from calling in to that public telephone. 2. Development Standards. 66 a. Signs. Signs shall comply with Chapter 20.42 (Sign Standards). In addition, the following shall apply: i. Window signs shall not obstruct the view of the interior of the premises (e.g., sales counter, cash register, employees, customers, etc.) from the exterior. ii. Loitering, open container, and other signs specified by the Alcoholic Beverage Control Act shall be posted as required by the ABC. b. Site and Floor Plans. The site and floor plans of an eating and drinking establishment that sells, serves, or gives away alcohol shall incorporate design features to reduce alcohol-related problems. The review authority may require the incorporation of preventive design features (e.g., openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public rights-of-way and neighboring property; illumination of interior and exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior) and other safety features (e.g., security, restrooms, additional exits, etc.). C. Standards - Noise Control Late-Hour Operations. To encourage appropriate patron conduct, the owner/operator of an eating and drinking establishment that sells, serves, or gives away alcohol shall post signs at clearly visible locations within the establishment and at both on-site and off-site parking areas under the owner/operator’s control. The signs shall request patrons to keep noise to a minimum. D. Standards - Outdoor Dining (Including Late-hour Operations). 1. Public Property. Outdoor dining on public property shall comply with Chapter 13.18 (Use of Public Sidewalks for Outdoor Dining) and the standards of the Public Works Department. 2. Private Property. Outdoor dining on private property shall comply with the following standards: a. Barriers. Appropriate barriers shall be placed between outdoor dining areas and parking, pedestrian, and vehicular circulation areas. Barriers shall serve only to define the areas and shall not constitute a permanent all-weather enclosure. b. Associated Elements. Physical elements (e.g., awnings, covers, furniture, umbrellas, etc.) that are visible from public rights-of-way shall be compatible with one another and with the overall character and design of the principal structure(s). E. Standards - Bars, Nightclubs, and Lounges. Bars, nightclubs, and lounges shall comply with the standards in subsections (A) through (D) of this section. In addition, the structure in which the bar, nightclub, or lounge is located shall be adequately soundproofed so that interior noise is not audible beyond the lot line with the doors and windows closed. F. Standards - Wine Tasting Rooms. In addition to the standards set forth in subsection (A) through (E), wine tasting rooms shall comply with the following standards: 1. The building in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that contains a preschool, elementary, middle, or high school. 67 2. The property in which the wine tasting room is located shall be a minimum of 500 feet from the property line of any property that has a wine tasting room. 3. The wine tasting room shall operate under a ABC Type 2 (Winegrower) license only. 4. The wine tasting room shall not operate as a bona fide eating establishment, but may serve incidental foods such as bread, crackers, cheeses or nuts. Any kitchen or food preparation area provided shall have no cooking equipment that requires a mechanical ventilation system to exhaust, heat, steam or grease vapor. 5. Limited private events may occur within the wine tasting room, provided the wine tasting room remains open to the public. 6. Live entertainment is prohibited GF. Permit Requirements. 1. New Establishments. Permits and licenses required by Title 5 (Business Licenses and Regulations) shall be obtained for new eating and drinking establishments, in addition to permits required by Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards). 2. Existing Establishments. An existing eating and drinking establishment, including bars, lounges, and nightclubs, shall obtain permits and licenses required by Title 5 (Business Licenses and Regulations) in the following circumstances: a. Substantial Change. When there is a substantial change in operation including any of the following: i. An application for, or a change in type of, retail liquor license from the Department of Alcoholic Beverage Control; ii. An increase in the floor area principally devoted to alcohol sales by twenty-five (25) percent or more or by two hundred fifty (250) square feet or more, whichever is less; or iii. A reinstatement of alcohol sales after the ABC has revoked or suspended the existing ABC license for a period of longer than thirty (30) days. b. Objectionable Conditions. When the establishment is operated or maintained under objectionable conditions that constitute a public nuisance, including any of the following: i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the Penal Code, or other State statutes; or ii. A pattern of substantiated complaints of activity constituting evidence of a nuisance. 3. Review Criteria. a. Late-Hour Operations. When reviewing an application to allow late-hour operations, the review authority shall consider the following potential impacts upon adjacent or nearby uses: 68 i. Noise from music, dancing, and voices associated with allowed indoor or outdoor uses and activities; ii. High levels of lighting and illumination; iii. Increased pedestrian and vehicular traffic activity during late night and early morning hours; iv. Increased trash and recycling collection activities; v. Occupancy loads of the use; and vi. Any other factors that may affect adjacent or nearby uses. b. Outdoor Dining. When reviewing an application to allow outdoor dining, the review authority shall consider the relation of outdoor dining areas to sensitive noise receptors (e.g., hospitals, schools, and residential uses). Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering, and noise. c. On-Sale Alcohol Sales. When reviewing an application to allow an eating or drinking establishment to sell, serve, or give away alcohol, the review authority shall: i. Evaluate the potential impacts upon adjacent uses outlined in subsection (F)(3)(a) of this section (Late-Hour Operations). For the purposes of this subsection, “adjacent uses” shall mean those uses within one hundred (100) feet of the proposed use, as measured between the nearest lot lines; ii. Consider the proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption; and iii. Make the findings in Section 20.48.030(C)(3) (alcohol sales—off-sale). 4. Post-Decision Procedures. a. With On-Sale Alcohol Sales. For establishments with permits for on-sale alcohol sales, the post-decision procedures in Section 20.48.030(C)(4) shall apply. b. Without On-Sale Alcohol Sales. For establishments that do not sell, serve, or give away alcohol, the procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals in Part 6 of this title (Zoning Code Administration) shall apply 20.40.040 Off-Street Parking Spaces Required. Table 3-10 Land Use Parking Spaces Required Service Uses—General Eating and Drinking Establishments 69 Wine Tasting Room 1 per each 4 persons based on allowed occupancy load or as required by conditional use permit 70 Attachment No. PC 9 City Council Ordinance No. 2010-17 71 INTENTIONALLY BLANK PAGE72 ORDINANCE NO. 2010 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2010 -005 TO APPLY THE INTERIM STUDY (IS) OVERLAY DISTRICT BY REVISING DISTRICTING MAP NOS. 22 AND 25 APPLICABLE TO PROPERTY LOCATED AT 869 WEST 16th STREET AND APPROVING A STUDY PLAN TO ALLOW FOOD PROCESSING USES (PA 2010 -078) WHEREAS, an application was filed by the Newport Beach Wine Company and Winery, Inc. with respect to property located at 869 West 16" Street, and legally described as First Addition to Newport Mesa Tract, Lot 913, Westerly 396 feet, requesting approval of a code amendment to apply the interim study overlay district designation and approval of a Study Plan to allow Food Processing as an allowed use at the subject property in advance of the proposed Zoning Code update; and WHEREAS, as part of the General Plan Implementation Program, the City Council adopted Resolution No. 2007 -3 establishing an interim development review process to provide a mechanism for projects that are consistent with the General Plan but inconsistent with the current zoning regulations. This process requires project proponents to request approval of a Code Amendment to apply the Interim Study (IS) Overlay District zoning designation on the property. A development Study Plan is required to establish development regulations to implement the General Plan; and WHEREAS, the subject property is located within the Controlled Manufacturing (M- 1-A) Zoning District. The proposed winery is designated as "Food Processing" by Section 20.05.060 (Industrial Use Classifications) of the Zoning Code. Per Section 20.20.020 Industrial Districts: Land Use Regulations) of the Zoning Code, Food Processing is not an allowed use in the M-1 -A District; and WHEREAS, the General Plan Land Use Element category for this property is Industrial (IG), which provides for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses; and WHEREAS, the proposed Study plan provided establishes development regulations to create Zoning Code consistency with the General Plan and is consistent with the provisions of Resolution No. 2007 -003 and Chapter 20.53 (Interim Study (IS) Overlay District) of the Newport Beach Municipal Code; and WHEREAS, this project is categorically exempt under the requirements of the California Environmental Quality Act under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities), which exempts minor alterations to existing facilities. The proposed project includes a change in use and interior alterations within an existing industrial building; and 73 WHEREAS, on August 5, 2010, the Planning Commission conducted a public hearing in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the public hearing the Planning Commission voted (6 ayes, 1 absent) to recommend City Council approval of the proposed Code Amendment by adopting Resolution No. 1817; and WHEREAS, the City Council conducted a public hearing on September 14, 2010, in the City Hall Councils Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting; and WHEREAS, In accordance with City Council Resolution No. 2007 -3 establishing the Interim Study process, the following findings and facts in support of such findings are set forth: Finding: A. The proposed plan implements and is in compliance with all applicable policies of the General Plan. Facts in Support of Finding: A -1. The project site is designated as Industrial (IG) by the Land Use Element of the General Plan. The proposed project is consistent with the IG Land Use Category, which is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. Wine production is a moderate to low intensity industrial use that is consistent with the IG General Plan Land Use Category. A -2. The proposed project is consistent with Goal LU 5.5 because the immediately adjacent properties are industrial. The use will not involve new exterior equipment or storage that would detract from the existing aesthetic of the building. A -3. The proposed project is consistent with Goal LU 6.7 because this food production use is contained within an existing building and would not noticeably change the makeup of the district. Approval of the project to allow the proposed use is consistent with Goal LU 6.7 and Policy LU 6.7.1 because it provides an opportunity for entrepreneurship for a food processing use in an established light industrial area. 74 B. The proposed plan conforms to all applicable design guidelines, such as those included in the Mariner's Mile Design Framework, and any existing Specific Plan design guidelines. Facts in Support of Finding: B -1. There are no design guidelines for this area and the area is not subject to a Specific Plan. C. Any changes from existing zoning regulations that otherwise would apply are justified by compensating benefits of the proposed plan. Facts in Support of Finding: C -1. Changing the permitted uses to allow for "Food Processing" in this IS Overlay District is justified by the benefits of having a new small business in the City. D. The proposed development and /or use and its development and operation as proposed in the Study Plan will not be detrimental to the public health, safety and welfare of the persons residing in or working in the proposed structures or in developments adjacent to the proposed project, properties or improvements in the vicinity or to the general welfare of the City. Facts in Support of Finding: D -1. The properties immediately adjacent to the subject site are being used for industrial uses. D -2. The sale of alcoholic beverages is licensed and controlled by the State Department of Alcoholic Beverage Control (ABC). The wine tasting will be accessory to the wine production use. D -3. There is adequate parking on site to support the existing uses on site and the proposed use. D -4. There will be no outside storage of equipment and the trash receptacle will have a cover, which will prevent any potential negative odor impacts; and 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. 75 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Study Plan is approved as provided in Exhibit A, which is incorporated by reference herein. SECTION 2: Districting Map Nos. 22 and 25 shall be amended as provided in Exhibit B, which is incorporated by reference herein. SECTION 3: This action shall become null and void and the M- 1 -A -IS District designation for the subject property will be eliminated upon the adoption of the comprehensive Zoning Code update. SECTION 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. SECTION 6: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 14th day of September 2010, and adopted on the 28th day of September 2010, by the following vote, to wit: AYES, COUNCILMEMBERS Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None MAYOR 76 APPROVED AS TO FORM: IUD David R. Hunt, City A rney For the City of Newpo Beach 77 CODE AMENDMENT NO. CA2010 -005 STUDY PLAN FOR 869 WEST 16TH STREET EXHIBIT - A 78 Study Plan For Newport Beach Wine Company & Winery Inc. 869 West 16th Street Newport Beach, CA. Project Description and Justification Proposed Project Newport Beach Wine Company and Winery Inc. (NB Wine Company) has leased and proposed to use property located at 869 West 16th Street, Newport Beach, CA Premises) to manufacture, bottle, and sell wine. The leased space is part of a large industrial building divided into eight (8) similarly sized units. The subject space is approximately 2,500 SF which includes a small office and employee area (approx. 700 SF) in the front of the building, and the remaining space to be used for wine production, barrel, tanks, case storage, and wine tasting (1800 SF) in the rear. The current space has access to five (5) unreserved vehicle parking spaces. Retail sales will be restricted to weekends only. NB Wine Company will act as a typical winery; bringing in fresh or frozen grapes for pressing or chilled or frozen grape juice, fermenting, producing, barrel fermentation, bottling, and blending wine, allowing tasting, and will sell some wine to consumers from the premises. one Making Equipment The facility will have all the necessary winemaking equipment required for the production, bottling and storage of fine wine. Delivery of Grapes and Production of Wine NB Wine Company will purchase both fresh and frozen grapes from growers in Central and Northern California. The grapes will be delivered by commercial carrier /trucking company. The grapes will be crushed and processed into juice to be stored in fermentation tanks located in the production warehouse area. The wine will be monitored and later pumped into barrels for aging. Once aged appropriately, the wine will be bottled, labeled, boxed, and stored for sale. Recycling and Waste Management The production of wine will be as "green" as possible given the size of the production facility. Grape stems, seeds, skins and other natural by- products (e.g., yeast residue and corks) will be removed and composted off site. All other production waste consisting of cardboard, paper and glass will be recycled. Office related waste will be disposed by standard trash disposal. Study Plan CA2010 -005 1 79 Retail Wine Sales and Tasting Wine will be available for sale to consumers on weekends only or by mail- order. No consumption of purchased wine will be permitted on the premises. Wines will be sold for off -site consumption by the bottle or case. It is anticipated that most wine will be purchased then shipped via common carrier (UPS or FedEx) to consumers and retailers. A small tasting bar comparable to Napa Valley will be available for tastings. Tastings to the trade (retailers, restaurants and distributors) will be by appointment during the week and weekends from 11:00 am to 9:30 pm. Retail tasting for consumers will be held on weekends only from 11:00 am to 9:30 pm. Retail tasting will be $10.00 and include a logo wine glass. Retail tastes will be limited to one & one half ounce (1 1/2 oz.) pours with a limit of six (6) total tastes. Wine will be poured by one & one half ounce tastes, not by the glass. Tastings will be supervised by an employee who will also provide information about each wine that is tasted. Justification The current and proposed zoning permits low to moderate intensity industrial uses. The manufacturing of wine is a compatible use as no heavy machinery, loud noises or intense fumes, waste or byproducts are produced. Wine making is similar to food production in that raw natural food /consumable products are processed and packaged for sale. Like food production, winemaking is heavily regulated and inspected as the ultimate product is for human consumption. While not specifically permitted or mentioned in the current Zoning Code, permitting production of wine will not negatively impact the general health, safety or welfare of the public and is consistent with the General Plan. As you are aware, we are a tenant in an existing Industrially Zoned building. Additionally, it will not impact the other users in the building that will continue to operate various manufacturing operations. General Plan Consistency The project site is designated as Industrial (IG) by the Land Use Element of the General Plan. The IG land use category is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. The applicant's proposed use is a moderate to low intensity industrial -type use that would appear to be consistent with the IG General Plan Land Use Category. Zoning The current zoning for the project is M -1 -A (Controlled Manufacturing). The intent of this Study Plan is to set permitted uses and development standards for the Interim Study Overlay District. Study Plan CA2010 -005 280 Permitted Uses The current Zoning Code permits controlled low to moderate intensity industrial uses, but does not specifically permit food processing, however proposed Draft Zoning Code does permit food processing. This Interim Study Overlay District shall allow "Food Processing" as a permitted use. All other permitted uses allowed in the current Zoning Code Section 20.20.020 (Industrial Districts: Land Use Regulations) shall be permitted in this IS Overlay District. Development Standards All development standards addressed in the current Zoning Code Section 20.20.030 Industrial Districts: Property Development Regulations) and other relevant sections of the Municipal Code shall be applicable in this IS Overlay District, unless otherwise specified below. Lot Dimensions FAR Lot Area: 10,000 square feet Lot Width: 0 feet Industrial FAR: 0.75 Setbacks Front: 15 feet Sides: 0 feet Rear: 0 feet Parking Food Processing: 1 space for each 2,000 square feet of gross floor area All other uses: pursuant to Chapter 20.66 of the Zoning Code Landscaping Per Chapter 20.36 (Landscaping Standards) of the draft Zoning Code Per Water Efficient Landscape Ordinance, Chapter 14.17 of the Municipal Code Study Plan CA2010 -005 3 81 CODE AMENDMENT NO. CA2010 -005 DISTRICTING MAP NOS. 22 and 25 EXHIBIT - B 82 z 4 Q sew e R -1 Oi,Y BauDAW V C- FI g9 pNNEN°B,abd RM,iP. Y9. S MAP Mar % V V w GouNv ° V M -LA PG % , 6" m M P a1I -A M.. M- I-A MF4 def ariY M -1-A MpR ylzl9Y / k/ T L1 g}MNP l2 O Y, RSD 9 MYB 9 M -\ N ; a / „MD, ana ar ei we.car °ux X.a.remacu YBwr P - E +ere a°RZ °n” u eae.Y'C elu9:.m eu.nu; ea.P cwlw sB e -O -N O A a 1 y G.FO NL18i'/ l—" tTJ 9K 9/6, I.. -U- TO O'-MNPyBI6ANsryrIIY:]9d3 ceORO &9'/9 M99A TGCT M <Y /. h9d3 Q90. N0. ISP6 p/ 995.9 f/.Afl/VA FMA'd -U -TO PG II- IP -T3, YKIaT,.H / /Gb PCagJ WSTQTpNfWgPIf.4ry pTi J(g)TOA ORO. MO. fY L BKpIPRgRIIL9LpL, yL{ XMIigN( WINES OF PRB4 fRiY W0Y 0- P -fNPM P-O. 6 -06 -91 ORDN6.14 -?p Rf]oxE 6afcnc P.aem 4 17. R4 FRoM 0.4(A,,W TO APF V w GouNv ° V M -LA PG % , 6" m M P a1I -A M.. 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W [MV[a aF flVapo 9z 9MSp I'm 3.1/ -9a84 STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2010 -17 was duly and regularly introduced on the 14th day of September, 2010, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of September, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of September, 2010. UUn w> 1011 City Clerk 4 City of Newport Beach, California Seal) CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2010 -17 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: 2010. Introduced Ordinance: September 18, 2010 Adopted Ordinance: October 2, 2010 g , In witness whereof, I have hereunto subscribed my name this Q1 day of 0ohl bei" r A. Im City Clerk j City of Newport Beach, California C% n 9 O R W 85 INTENTIONALLY BLANK PAGE86 Attachment No. PC 10 Public Comments 87 INTENTIONALLY BLANK PAGE88 From: surflaw@aol.com Sent: Thursday, July 23, 2020 10:11 AM To: Planning Commissioners Cc: Blumenthal, David(Contractor); Campbell, Jim; Muldoon, Kevin; Avery, Brad Subject: PA2020-042 - Industrial Zone District Code Amendment [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Ladies and Gentlemen: This office represents Orange Coast Winery. I apologize for the late communication but i only received a copy of Ms. Kraus' correspondence objecting to the hereinabove referenced amendment last night. I am troubled by some of the misstatements and misleading innuendo contained in Ms. Kraus' objection to the proposed amendment to the Industrial Zoning District. First, Ms. Kraus does not even live in the area and while she is, obviously, entitled to her opinion, its relevance would seem to dissipate with her distance from the area. Second, contrary to her objection, the staff report contains numerous references to how the amendment would enhance the quality of life in the area and contribute to the sustainability of current businesses. In fact, there is a comprehensive section in the staff report dealing with the history of the business currently operating at the location. Third, the reference in the correspondence to housing needs and uses in the area is purely speculative and premature. Fourth, the location is outside the 500' parameter established by the amendment and, given the restrictive hours of operation, are counter to the times that schools, other businesses and allowable activities would be permitted. There is no overlap and no conflict. Fifth, the reference to Hixon Metals is completely irrelevant given that the correspondence alleges that the business has "come under scrutiny" but does not cite any specific violations or liabilities. Furthermore, the activities of a metal processing company are completely different than the activities envisioned by the amendment and there is no basis to relate the two activities. And finally, it appears that Ms. Kraus has only reviewed selected portions of the staff report. She questions whether or not there was outreach to current business owners located in the district. The staff report clearly states that notice of the amendment was publicized in a manner "consistent with the provisions of the municipal code." Given the extensive work done by staff, and especially Mr. Blumenthal, in developing a zoning amendment that works for both the area under consideration and the city as a whole, it is respectfully requested that the Planning Commission approve the proposed zoning change consistent with the staff recommendation. Phillip B Greer Esq. Counsel for Orange Coast Winery 89 (949) 584-9379 90 August 25, 2020, City Council Agenda Comments The following comments on items on the Newport Beach City Council agenda are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 1. Minutes for the July 28, 2020 City Council Regular Meeting Suggested corrections: The passages shown in italics below are from the draft minutes with suggested corrections indicated in strikeout underline format. The page numbers refer to Volume 64. Page 479, Item XI, Dixon comments, bullet 3: “Reported the Aviation Committee has received recommendations from the Council ad hoc committee its subcommittee of which she is a part.” [See video at 20:20. The reference was to an ad hoc subcommittee appointed by the Aviation Committee, not to the Council’s (unofficial?) ad hoc committee on JWA issues, consisting of Council members Dixon, Herdman and Muldoon, which may or may not still exist.] Page 480, O’Neill comments, bullet 1: “Announced the housing ad hoc committee subcommittee met.” [As stated in video at 25:13. This was apparently a reference to the Housing Element Update Advisory Committee, which met on July 15 – and may meet again on September 2.] Page 483, paragraph 5 from end: “Council Member Duffield did not see how one could relate homes and money to health, indicated the City has never helped Hoag Hospital, to his knowledge, believed health is the first priority, and expressed his desire to help Hoag and not stand in their way.” [from the video the actual words were: “you have to have health first.”] Page 484, Item 14, paragraph 2: “Jim Mosher noted the Title 21 amendment has some technical problems, …” Pages 484-5, Item 15: The many references to “ALUC” should read “the ALUC” because “ALUC” is being used as a placeholder to simplify the minutes, not as a name. Unlike “NASA” or “HCD”, to the best of my knowledge the Airport Land Use Commission is not normally referred to as “ALUC”. Page 485, last paragraph before opening hearing: “Mayor O’Neill remarked that the ALUC had legal obligations in which they used to make their determinations, which differ from those of the Council.” [The first “which” could also be deleted without loss of meaning.] Page 485, paragraph 2 from end: “Council Member Herdman discussed the City's work to address the effects of JWA on the community, stated no aircraft departs JWA between 11:00 p.m. and 7:00 a.m., …” [This is what was said about the 1985 Settlement Agreement (at 1:25:13 in the video), but the Agreement actually protects County laws that prohibit commercial departures after 10:00 p.m. (not 11:00) and that prohibition does not apply to the non-commercial planes the ALUC is concerned about taking off over the proposed housing project.] Page 486, Item 16: “Motion by Mayor O’Neill, seconded by Council Member Herdman, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) waive City Council Policy A-1: City Council – Seating Arrangement for City Council and determine the method to rotate Council Member seats, or other adjustment to ensure social distancing, accept staff’s suggestion until such time as the emergency is over.” [See video at 1:29:40. The agenda gave the Council an 91 August 25, 2020, City Council agenda comments - Jim Mosher Page 2 of 6 opportunity to suggest a different method, but Mayor O’Neill moved the method recommended in the report.] Page 487, paragraph 5: “Sue Dvorak thanked the aviation ad hoc committee Council members on the Aviation Committee for their efforts, suggested the City delay this process until complete information has been released and the public can provide input to the FBOs modifying their proposals, inquired whether the City is asking for the elimination of the GAF from the plan, noted an attempt whether it attempted to compel the Board of Supervisors to release more information, or consult consulted with their aviation attorneys, and hoped the City was doing everything it legally could to pursue its goals.” Page 487, paragraph 4 from end: “Alan Herman supported ACI Jet's proposal because they are 100-percent focused on aviation, has have a vested interest in JWA, and respects respect the restricted hours for flights. He believed ACI Jet's proposal meets the City's goals for general aviation improvement.” Page 487, paragraph 2 from end: “Julie Johnson, AirFair, clarified that activists and JWA community members expressed concern about the language, indicated community members do not want the GAF or international flights, believed neither the Aviation Committee nor community members had an opportunity to review the language prior to the Council meeting, and related that ACI Jet agreed to remove the GAF and include language in their lease to protect the Southern California pilots.” [See video starting at 2:01:45. The first comment was “we don’t want international coming in,” the second referred to lease term requests made by the Southern California Pilots Association. It would probably be clear for the minutes to say “protect the SoCal Pilots Association members.”] Page 488, motion: “Motion by Council Member Herdman, seconded by Council Member Dixon, to a) determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) subject to the Orange County Board of Supervisors including terms and conditions in the lease agreement which: (1) implement Supervisor Steel's direction to restrict certain airport parcels for use only by medium and large general aviation jet aircraft and others by small general aviation aircraft on the John Wayne Airport property, as indicated with the yellow/green areas on the map attached as Attachment A of the staff report, with the "Green Area" built out in a manner that preserves the current ratio of 40, 50, and 60 foot hangers hangars; and (2) eliminates the ability of any lessee to construct and operate a General Aviation Facility or, at a minimum, restricts the hours of the GAF to 8:00 a.m. to 10:00 p.m., the City Council approves the Aviation Committee’s General Aviation Improvement Program Ad Hoc’s findings that the entities set forth in Attachment B of the staff report meet the City's goals for a lessee, and the City Council hereby authorizes the City Manager to inform the County of Orange of this recommendation.” Note: Regarding this Item 17 from January 28, it is a bit disturbing that the deal points requested by the full Council as detailed in the motion set forth above do not entirely match those subsequently posted on the City’s GAIP webpage or in the Mayor’s August 14 letter to Supervisors Chair Steel (linked to from it). 92 August 25, 2020, City Council agenda comments - Jim Mosher Page 3 of 6 As correctly indicated on that page, the Council directed staff to request the two points labeled (1) and (2) above. However, from that page it appears staff and the Mayor have dropped the “build out in certain ratios” request and added at least two that were not in the January 28 motion: 1. Prohibit commercial airlines, such as JetSuiteX, from operating out of an FBO. 2. Restrict the operational hours of the FBOs [not just the GAF] to match the hours of the commercial curfew. While I agree those are good points (and ones that have been requested by various parties in the past), it’s not clear who authorized this change in official direction, since neither the Council nor the Aviation Committee have met to discuss this since July 28 – especially dropping the “build out” request. Page 489, paragraph 5: “Council Member Muldoon recused himself due to the potential for a conflict of interest related to a recent business transaction.” [This is not an adequate disclosure. It does not disclose the nature of the “business transaction” or what part of the Council discussion it conflicted with or how. It is likewise unclear from the minutes if Council Member Muldoon returned to the dais at some point after this announcement, and if so, when. From the video it appears he returned during the public comment period.] Page 489, paragraph 7: “In response to Council Member Brenner's question, Community Development Director Jurjis advised that staff is not currently considering extending the outdoor permits past the pandemic because the. The Emergency Ordinance provides a 14-day period following the emergency for restaurants to remove the outdoor facilities.” [Director Jurjis simply stated two facts. He did not suggest the particular cause and effect relationship between them implied by the draft wording.] Item 4. Ordinance No. 2020-19: Adoption of an Ordinance Amending the Planning & Zoning Code (PA2019-055) As noted when this ordinance was introduced on August 11, page 4-7 of the staff report spends many words repeating those on page 4-6. Shouldn’t we strive for well-written, efficient, and non-redundant code? Item 5. Resolution No. 2020-74: Resolution in Support of the Newport Beach Police Department I may be the only one with this reaction, but no matter how fine a Police Department we may have, isn’t it a little strange for them (as indicated by the origin of the staff report) to be preparing a resolution praising themselves? Item 6. Resolution No. 2020-75: Approval of Release of Certain Assets Securing the City’s 2010 Certificates of Participation This item is very similar to Item 3 on the Newport Beach Public Finance Corporation’s agenda. The same error in date noted in Recital 1 on page NBPFC 3-8 of that agenda packet applies to the same document as presented on page 6-7 of this packet (which has been posted in a non- machine-readable PDF image format): “2020” was presumably meant to read “2010.” 93 August 25, 2020, City Council agenda comments - Jim Mosher Page 4 of 6 And the same question arises: if it is in the public’s interest to release these assets now, why was it not in the public’s interest to do it sooner? Item 12. Superior Avenue and West Coast Highway Intersection Improvements – Approval of Amendment No. 2 with Chambers Group, Inc. and Amendment No. 1 with Dokken Engineering and Updated Pedestrian Bridge Conceptual Design (15T09) I have lost track of whether the City has issued itself a Coastal Development Permit for the Superior Avenue Bridge, and if so, whether the new design will require an amendment to the permit. The staff report from November 19, 2019, (Item 21, page 7) said the design would be going to the Zoning Administrator for that approval, but I don’t believe that’s happened yet? Item 13. Back Bay Landing Development – Reimbursement Agreement with Bayside Village Marina LLC for Environmental Review, Permitting and Design Services Was the need for this relocation disclosed in the EIR for the Back Bay Landing Development project? Why is the City agreeing to the route shown on page 13-12, which involves what appears to be an unnecessarily large amount of underwater and difficult to maintain construction? Why does the City not insist on following a landside route paralleling the waterfront to the present point of connection and continue using the much shorter underwater piping? Item 14. Planning Commission Agenda for the August 20, 2020 Meeting The Planning Commission was expected to discuss a new role assigned to it to oversee revision of the General Plan’s Circulation Element in concert with the Housing Element Update Advisory Committee’s efforts on Housing and Land Use. Yet the meeting was canceled and the PC is not expected to meet again until September 17. First, who made this assignment, since the task was clearly assigned by the Council to the HEUAC and neither the Council nor the HEUAC met to discuss any change of plan? Second, haven’t we been told these updates are urgent and the time-frame is impossibly short? If so, why was the meeting canceled? And for that matter, why has the HEUAC not been meeting? Nothing provided explains. Indeed, the fact the meeting was canceled does not seem to be disclosed. 94 August 25, 2020, City Council agenda comments - Jim Mosher Page 5 of 6 Item 15. Ordinance No. 2020-20: Non-Exclusive Commercial Solid Waste Franchises The staff report (page 15-3) that “some edits” have been made to the very lengthy attached Agreement compared to the version previously reviewed and adopted by the Council. W hat those changes may have been seems to be left as an exercise for the reader. That does not, to me, seem to promote efficient oversight on the part of the Council members who may have diligently reviewed the previous version. Item 16. Ordinance No. 2020-21: Zoning Code Amendment to Allow Wine Tasting Room Uses within the Industrial Zoning District (PA2020-042) In theory, this is just the introduction of an ordinance, and the real debate as to its merits would come two weeks (or more) from now, after its text has been published and the public and Council have had time to evaluate it. But of course, that’s not how things are done in Newport Beach, so it appears the time to present arguments is now or never. The principal argument against adopting this measure is that, despite City staff’s protestations to the contrary, amending the Zoning Code as proposed is, quite simply, incompatible with the IG land use designation approved by voters in 2006 (see Resolution No. 2006-77, page 5), and assigned by them to this (and to the best of my knowledge, only this) as the one small exclusively industrial area of the city. As the staff report correctly observes, the voter approved General Plan definition is “The IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses.” Our General Plan does not define “ancillary uses,” but the common understanding would be uses subordinate to and serving the primary uses. The non-voter-approved text and policies of the General Plan support that interpretation. They express a wish to improve the appearance of the area (Goal LU 5.5), but not to change its use. Indeed, Goal LU 6.7 identifies the IG area of West Newport Mesa as “providing opportunities for needed uses that cannot be accommodated elsewhere in Newport Beach”). Yet staff report says the amendment is intended to accommodate a particular and quite unexpected use: a wine tasting room. That use is not light manufacturing and research and development nor is it ancillary to them. It is, instead, a sales showroom for products manufactured elsewhere (apparently outside the city). And the audience for the products it is promoting is not primarily the true IG tenants, but rather an audience drawn from outside the IG district by advertising. Indeed, to avoid parking and traffic conflicts, we are told the wine tasting customers will be present primarily when the IG uses are closed and their tenants not there. A wine tasting room is most definitely not among the “needed uses that cannot be accommodated elsewhere in Newport Beach.” 95 August 25, 2020, City Council agenda comments - Jim Mosher Page 6 of 6 Moreover, as I tried without much success to inform the Planning Commission,1 the way our Zoning Code is written, doing staff’s bidding of defining “wine tasting rooms” as a new category of land use and designating them as an allowed use in the IG zoning district prevents their approval in any other zoning district – that is, anywhere else in the city.2 Indeed, the planner presenting this indicated there were other tasting rooms operating under the Type 2 ABC license elsewhere in the city. If they fit the new definition of “Wine Tasting Room” they will presumably become non-conforming and have to relocate to the IG area. The Council may legitimately question if the IG area of West Newport Mesa has panned out as hoped in 2006 (it was specifically expected to attract marine-serving industries that did not need to be located on the water). But before approving a new use that is neither light manufacturing nor research and development nor directly serving those uses, it needs to amend the definition of IG in the General Plan and through that, the people’s vision for this area. Staff has not asked it to do that, and in view of the omission of that larger question I believe this ordinance has to be denied. Item 17. Resolution No. 2020-76: Appeal of Planning Commission’s Decision of an AT&T Small Cell Installation (PA2019-111) The grounds for this appeal seem quite tenuous to me. However, appeals in Newport Beach are heard “de novo,” so issues not raised by the appellant can be brought up and considered. An issue I tried to raise before the Planning Commission was why higher priority locations on commercial rooftops were not considered? My understanding is the City granted the master license for use of City street light poles to address situations in which higher priority locations were not available. But here, there is a commercial shopping center nearby. The response from AT&T’s experts has been their small cell antennas work only on poles away from buildings. But as a physicist (as well as a licensed radio amateur), that seems a lame excuse to me. I hope the Council will ask why AT&T does not have small cell transmitters that work from rooftops – obviating the need to put them in very visible 6-foot tall cans on top of street lights in places where commercial rooftops are available. 1 The correspondence received by the Planning Commission on July 23, including mine, does not seem to have been shared with the Council. 2 This is because the Zoning Code allows the Community Development Director to add unlisted uses to a district if he or she deems them similar to the uses listed, but only if they are not listed as an allowed use in any other district. 96 Dear C旬/ Of Newport Beach P/a/7n/ng Depar肋en4 P/ease accept Ws /etter as a note of suppolでfor Orange Coast WneIy (OCM /ocated at 869, 871 & 873 W 76妨Stree亀川ewporすBeach. / am帝re OwneratOrange Counfy Mu榔er and my busjness /s /ocated at 7601 P/acen施Avenue, Costa Mesa, On the same b/ock (16妨s存ee4) as Orange Coast Wnery. OCWhas been a greatneighborわrmanyyeaIS.母y bus〃7eSS has been h fhe same bu〃ding forXyeaIS and / Was p/eased励en OCWmoved /n. As a /OCaL r?eighbohng Sma//-bus存7eSS OWner, / certain/y suppol質heir business as we//. /n庵c4 /ho a member at OCWand fee/ /t/s a gIeat Ope伯fronわhave /n紡e neゆbo所ood, / s音?Cere小hope 妨at the C旬y ofNewpoI子Beach suppoIでS fhisねmi炉owned business and / /ook fo刷ard to visiung once again a鶴r約ey re-。pen. 777ank you for your considera存on of蛤is /etter of suppo厄 Re。ard"時患榊 97 丁O: FROM: M巨MO City of Newport Beach Jim Campbell Deputy Community Planning Director City of Newpo直Beach Seimone Juris Community Development Director W冊am C,丁aormina Property Owner 882 Production Place Newport Beach, CA 714_308-0220 Ce= b冊@mycleancity"net RE: Orange CoastWinery-SUPPOR丁- PLEASEAPPROVE DA丁E: October 17th, 2020 I am the property owne「 adjacent to the Orange Coast Wine「y. I have owned and occupied my PrOPerty fo「 over a decade" I AM iN COMPLETE SUPPORT OF THE ZONING AMENDMENT RELA丁看VE TO THE USE OF THE PROPERTYAT 869 W. 16TH S丁REET AS A WINE TASTING ROOM, The Orange Coast Winery is an ASSET to our neighbo「hood. 1 have enjoyed taking my customers to the Orange Coast Winery for many years. 丁here have been ZERO negative impacts from this business on our neighborhood. 丁he O「ange CoastWine「y is a g「eat neighbor and has皿ed-uP the area since they moved in. PLEASE APPROVE THE ZONING AMENDMENT TO ALLOW THE ORANGE COAST WINERY TO CONTINUE IN OPERATION WITHOUT INTERRUPTION" 丁hankyou! 98 From: Gegi Van De Walker (SES - SAC) <gvandewalker@hbuhsd.edu> Sent: Tuesday, October 20, 2020 8:05 PM To: Crager, Chelsea Subject: Zoning Amendment in the Industrial District [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chelsea, I would like to go on record in support of the zoning amendment in the Industrial District. I have resided in this zoning area for over 20 years and feel the winery has had a positive impact on the neighborhood. One key point that I would like to mention, that was not addressed in the meeting, is that this area has a tendency to be heavily populated by transients once businesses close. Having a business that creates more "life" in the area has its benefits. Since OC Winery has opened I have noticed a decrease in transient presence in the neighborhood as well as on my personal property. I am also in agreement with many of the other comments with regards to the OC Winery being a professionally run establishment that provides local community members and business owners a place to gather. Lastly, I would like to note, I have never observed any issue with parking in this area during business hours. This circles back to my first point. Since the Winery's closure there has been a noticeable increase of vans, motorhomes and other means of "living in vehicles" parked within this area for extended periods making this neighborhood feel unsafe to residents like myself. Thank you for your consideration, Gegi Van De Walker 99 July 23, 2020, Planning Commission Item 4 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 4. INDUSTRIAL ZONING (IG) ZONING DISTRICT CODE AMENDMENTS (PA2020-042) It seems strange the staff report does not mention the very similar item allowing “brew pubs” in the IG district that advanced to the City Council as proposed Ordinance No. 2018-4 (Item 9 on May 8, 2018), only to be unanimously rejected by them (see minutes). Commissioners reading pages 29 or 34 of the present staff report will appreciate this is still not a universally popular idea with the City Council, the resolution to devote staff time to exploring even the possibility of allowing tasting rooms in the IG district having been adopted on a 4:3 vote. Moreover, despite what the staff report asserts, the proposal as drafted seems to me to be inconsistent with the General Plan: 1. Tasting Rooms are clearly not a “moderate to low intensity industrial use” as generally required by the definition of the “IG” land use category on page 3-13 of the Land Use Element. 2. It is likewise not a “small-scale incubator industry,” the primary intended use of the land use category per Policy LU 6.7.1 (page 3-79 of the Land Use Element). 3. Nor is there anything I can find in the ordinance as drafted that requires them to be “ancillary” to such a use in the IG area, which seems to be the only exception allowed by the General Plan definition. 4. On the contrary, it seems a clearly commercial use for which the General Plan provides and designates a variety of other areas. 5. Finally, although I can find nothing in the ordinance as drafted that enforces it, page 3 of the staff report contains the curious observation that under the Type 2 ABC license “No production is allowed at the tasting room site.”1 This seems completely contrary to the purpose of the IG category, which is to provide a place for industrial production. As to the substance of the draft resolution: 1. In the proposed footnote of Section 2 of the proposed amendments (agenda packet page 12), to avoid uncertainty, “from 12:00 p.m. to 11:00 p.m.” should be replaced with “from noon to 11:00 p.m.” 2. Section 3 (starting on the same page), includes a great deal of text only one part (Subsection F beginning on page 15) is actually a change. Although seeing the context 1 I have not been able to find much clarity on the details of the Type 2 license on the ABC site. 100 July 23, 2020, PC agenda Item 4 comments - Jim Mosher Page 2 of 2 is useful, for the ordinance, showing only the part actually being amended might be clearer (in case inadvertent changes have been made to other parts). a. t might also be noted that one change (to Subsection E) is correcting an existing typo unrelated to the subject of the present ordinance. 3. The reference in Subsection F to “subsections (A) through (E)” implies that the standards for wine tasting rooms are in addition to, and therefore stricter than, those for bars, nightclubs, and lounges (Subsection E), including that the activity must take place in a soundproofed room. If that is what is intended, fine. Otherwise Subsection E should not be referenced. 4. Paragraph “4” on page 16 appears to have an unintended comma after the verb “exhaust.” 5. Paragraph “5” on page 16 seems a bit strange: private events are allowed as long as they are open to the public? Additional points lacking clarity: 1. Is a “W ine Tasting Room” confined to a room inside a larger building, as the name implies? 2. Is there any limit on the allowable floor area? 3. Can the tasting operation have an outdoor component or must it be entirely indoors? Finally, per the rules of NBMC Subsection 20.12.020.E.1.d (“Unlisted Uses of Land”), adding “Wine Tasting Rooms” as an allowable use in the IG Zoning District, means an application for wine tasting room (which could come from any winery holding a Type 2 wine-growers license) cannot be approved in any other zoning district unless the code for that district is amended to explicitly include W ine Tasting Rooms as an allowable use there. This forcing of a commercial/retail/marketing use into an industrial district is extremely strange. 101 From: SANDRA L AYRES <ssayres@mac.com> Sent: Wednesday, July 22, 2020 10:39 AM To: Planning Commissioners; Avery, Brad; Blumenthal, David(Contractor) Subject: Agenda item 3, Industrial zone changes [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chair Koetting and Planning Commissioners The West Newport area has been a source of concern for awhile. Yet, in the past number of years there has seen an improvement slow with good relations between industrial concerbns, schools, and housing. All three aspects of the neighborhood have an important part to play in the quality of life for Newport Beach. The Industrial Zone is an important part of our community. The small business livelihoods add to the population and talent of our resident base and the services they offer add to the local quality of life of all residents. By making it more difficult for these types of businesses to exist in our town, it negatively affects all of us. By changing the Zoning, it will most likely cause rents to increase, further increase burden on parking in the area (Industrial parking req are quite a bit less) and begin the push out of these businesses. Three schools and a Neighborhood Center are in the neighborhood. They do have their own parking and have had a conducive relationship in the Zoning area. There has already been increased alcohol sales in the area with the changes allowed at the 76 station on Placentia and Superior. Adding more alcohol sales in the area further risks the lives of those living and enjoying family/scholastic pursuits. There are other areas of town where these types of businesses can exist without these negative impacts. I ask that the Industrial Zoning District Code Amendment be denied. Sincerely, Sandra Ayres 102 From: Lee, Amanda Sent: Thursday, July 23, 2020 2:56 PM To: Blumenthal, David(Contractor) Cc: Rodriguez, Clarivel Subject: FW: IG Code Amendment From: Richard Allred - Toes on the Nose Inc. <richarda@toesonthenose.com> Sent: Thursday, July 23, 2020 2:24 PM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Subject: IG Code Amendment [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To Newport City Planners, I’m the property owner and business owner of Toes on the Nose located at 1537 Monrovia Avenue in Newport Beach, Ca. We are so blessed to thrive in this burgeoning community. The IG has become a dynamic and progressive mix of businesses, coffee shops, gyms, schools, and future residences that coexist in a very special way. As we all have become less dependent on our vehicles and spend more of our time walking and riding bikes within our communities extending amenities will help the neighborhood grow and flourish well into the future. I’ve become aware of the proposed Code Amendment to allow for wine tasting rooms with the Industrial Zoning (IG) District. While I’m in favor of the zone amendment, I’m very opposed the stipulation that a 500ft separation from any school must exist for the property owner to have the future opportunity. As it is proposed it would deny any future wine tasting rooms within that 500ft radius thus denying potential value to the many businesses that fall within that range. The Current Newport Beach Wine Company albeit 510 feet away is a great asset to the neighborhood and example of responsible boutique wine tasting room. It is only fair to extend a similar potential business within the 500ft range considering the operation hours and the fact that the school is fenced. Unfortunately, I will be unable to attend tonight’s meeting but asked you to consider the entire IG for the use assuming all the other conditions in the amendment are adhered to. Respectively submitted Richard Allred Toes on the Nose 103 1537 Monrovia Ave Newport Beach, Ca This email has been checked for viruses by Avast antivirus software. www.avast.com 104 From: Dorothy Kraus <dorothyjkraus@gmail.com> Sent: Tuesday, July 21, 2020 4:53 PM To: Planning Commissioners Cc: Blumenthal, David(Contractor); Avery, Brad Subject: Item 3: Industrial Zoning District Code Amendments (PA2020-042) Attachments: 04_Ch3_LandUse_web.pdf; FigLU18_WNewportMesa_11x8.5color_web.pdf; Kraus Comment Item 4, 7-23-20 PC Meeting.docx.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Chair Koetting and Planning Commissioners, I have reviewed the proposed amendment to the Industrial Zoning District (IG) located in West Newport Mesa which is a community close to where I live. I oppose this proposal and have outlined my objections below. I ask that you, at minimum, postpone this hearing in order that you consider my objections and take a drive-by of this zoning area if you haven’t already. Firstly, I’ve attached the 2006 General Plan, Land Use Element. Please take a few minutes to read the section on West Newport Mesa, Pages 3-76 to 3- 79. I have also attached Figure LU18 from the Land Use Element which reflects the current zoning for IG Industrial Zoning District. The parcels/sites that are with the scope of the IG under study make up a large portion of th is Land Use area. This is the current voter approved policy for this district from the Land Use Element: “The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non-water-dependent marine-related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub-districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged.” This amendment seems rather subjective, lacks facts that substantiates the rationale behind this proposal and there is no mention of the material benefits to the community e.g., quality of life and sustainability of current businesses. This amendment also goes against the current General Plan. 105 Furthermore, the Housing Element Update Advisory Committee has identify West Newport as an opportunity site for dwelling units. I don’t think this amendment is at all timely given the pace at which this committee is moving to meet the October 2021 deadline. I also want to ask if there was outreach to the current business owners located in this zone. I think there should be some TLC from the City regardless of whether or not the City did what was required in terms of noticing all businesses in this area. Has staff documented all the business that currently reside there including the make-up of these current businesses? I believe that an understanding of the “baseline/current state” of this area is essential to making any decision regarding an amendment. Additionally, this zoning amendment seems to benefit only one winery, Orange Coast Winery, located at 869 W. 16th Street. I’ve walked the IG zone in question and have attached a document with images and notations. There were a couple of startling discoveries including the number of current businesses operating in the IG zone under study. I also observed the NB 16 th Street Recreation Center is directly across the street from Orange Coast Winery along with another gym, GRIT Gym. Another discovery is that a parcel within this zone is between Coastline Community College and Carden Hall. I saw the reference to 500’ from any school but this seems like pushing the envelope with a parcel in the middle of two educational institutions. This proposed zoning change is also adjacent to Hixon Metals on Production Place, which has come under scrutiny with the Regional Air Quality Board. Hixon has received air quality violation notices. I am not sure if these violations have been resolved. In closing, I ask that you deny this amendment. It is overreaching and not well thought out in terms of adhering to current Land Use policy, the potential impact to current businesses (who may not know this is before the City for approval), the Housing Element Update, outreach to current business owners, and that this amendment is precedent setting that could ultimately result in a lot of negative impacts to this area. More work is needed or this should all wait for the Housing Element Update Advisory Committee to get further along in their evaluation of opportunity sites. I want to apologize in advance if I’ve misinterpreted the mapping schematic of the proposed amendment. Thank you for your consideration. 106 Sincerely, Dorothy Kraus 107 CHAPTER 3 Land Use Element 108 Land Use Element Newport Beach General Plan 3-2 LAND USE Primarily a Residential Community That Businesses, and Visitors, with a Introduction Consistent with state law, the Land Use Element provides guidance regarding the ultimate pattern of development for Newport Beach at build-out. As such, it is based on and correlates the policies from all elements into a set of coherent development policies, which serve as the central organizing element for the General Plan as a whole. Policies for the conservation of natural resources and protection of residents and businesses from the risks of hazards are reflected in the distribution and densities of uses. Newport Beach Pier in the 1920s Pier in 1921 109 Land Use Element Newport Beach General Plan 3-3 The quantity and location of uses are linked to the City’s objectives for economic development, jobs generation, and fiscal balance, as well as intentions for urban form and community character. Their capacities are, in turn, correlated with the provision of adequate housing and services to meet the needs of its resident population and transportation, parking, and utility infrastructure that support residents, employees, and visitors. Implicitly, the Land Use Element serves as the final arbiter on how the City of Newport Beach shall evolve and mature over the next 20 years. Its policies are directly correlated and supported by those in all other General Plan elements. Cumulatively, the Land Use Element’s policies directly affect the establishment and maintenance of the neighborhoods, districts, corridors, and open spaces that distinguish and contribute to Newport Beach’s livability, vitality, and image. Policies for the development of individual parcels are inseparable from those that address how they will fit together to create places that are valued by the City’s residents—safe and attractive neighborhoods, walkable and active commercial districts, and hillsides, beaches, water, and open spaces that provide recreation and respite from an active lifestyle. As Newport Beach is almost fully developed, the Land Use Element focuses on how population and employment growth can be accommodated and still preserve its distinguishing and valued qualities. It recognizes that most of the City will be conserved with its existing pattern of uses and establishes policies for their protection and long term maintenance. It recognizes that there are limited areas of the City that are not achieving their full potential and establishes strategies for their enhancement and revitalization. It also recognizes the evolving needs of the marketplace and considerable pressures for population growth in the region and proposes creative strategies for the re-use of land to provide opportunities for new housing that will complement and enhance Newport Beach’s character and ELEMENT Balances the Needs of Residents, Conservative Growth Strategy Newport Beach in the twenty-first century 110 Land Use Element Newport Beach General Plan 3-4 livability. These strategies are carefully considered in context of community objectives for the provision of an efficient transportation system that minimizes congestion for residents, employees, and visitors. At the same time, it recognizes the needs to balance mobility objectives with priorities of Newport Beach’s residents for the character of its neighborhoods and commercial districts and corridors. Our Starting Point—Newport Beach’s Existing Land Uses Newport Beach has a unique physical setting with many visual, recreational, and environmental resources that has influenced the type and form of land uses within the community. The majority of the community is fully developed with a diverse mixture of residential, institutional, commercial, industrial, and recreational and open space uses. Residential uses represent the largest portion of land uses within the City, characterized by many distinct neighborhoods. Older communities were first developed along the coast line including the Peninsula, West Newport, Balboa Island, and Lido Isle. This early housing is characterized by a diversity of multi-family, single-family and mixed-use housing located within proximity of commercial and visitors serving uses. As development spread further inland and proceeded north and east, the residential pattern changed, becoming more suburban in character and characterized by single-family ranch-style homes on larger lots. While single-family attached and detached homes comprise the majority of housing in the community, the City contains many multi-family homes including condominiums, apartments, duplex, triplex, and fourplex units. These are located in older neighborhoods along the beaches including West Newport, Balboa Peninsula, Balboa Island, and Corona del Mar as well as in the northern portions of the community such as Bonita Canyon Village, and Newport Center. Mobile homes are found along Coast Highway in West Newport, west of Newport Dunes and near the Newport Pier. A variety of retail uses are located throughout Newport Beach including neighborhood shopping centers, commercial strips and villages, and shopping centers. The largest retail center in the City is Fashion Island, a regional attraction that is framed by a mixture of office, entertainment, and residential uses. Newport Beach also has many neighborhood shopping centers that service nearby residential neighborhoods with convenience goods. Many of the older commercial villages located along the coast and harbor include specialty shops, entertainment, and marine uses that serve nearby residents and visitors. These retail villages are located within Balboa Island, Balboa Village, Cannery Village, McFadden Square, and Corona del Mar. Much of the City’s office space is located in Newport Center and the Airport Area. Newport Center is an area of both high- and low-rise offices surrounding the Fashion Island retail area. The Airport Area encompasses the properties abutting and east of John Wayne Airport (JWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine. This area includes a mixture of low-, medium-, and high-rise office uses as well as research and development and high technology businesses. Industrial uses are primarily located within the West Newport Mesa area east of Banning Ranch. A variety of industrial, manufacturing, and supporting retail uses are located within this area. Research and development uses are clustered in the Airport Area. Government, educational and institutional uses include the City Hall, schools, libraries, museums, and religious uses. 111 Land Use Element Newport Beach General Plan 3-5 The City has approximately 278 acres of developed parks. Newport Beach’s parklands range in size from mini-parks such as the Lower Bay Park to the 39-acre Bonita Canyon Sports Park. Additionally, bikeways, jogging trails, pedestrian trails, recreation trails, and regional equestrian trails are also available in Newport Beach. Numerous open space areas are located within the community, including water front areas such as beaches, Newport Bay, and Newport Harbor. There are also numerous undeveloped areas supporting natural habitats and sensitive biological resources including Banning Ranch, Irvine Coast Marine Life Refuge, Coyote Canyon, Bonita Canyon Creek Watershed, Upper Newport Bay State Marine Park (formally Ecological Reserve) and Upper Newport Bay Nature Preserve. Other resources include the City’s many undeveloped canyons and hillsides located primarily in the Newport Coast area. Goals and Policies Role and Character of Newport Beach (“Who We Are”) Goal LU 1 A unique residential community with diverse coastal and upland neighborhoods, which values its colorful past, high quality of life, and community bonds, and balances the needs of residents, businesses, and visitors through the recognition that Newport Beach is primarily a residential community. Policy LU 1.1 Unique Environment Maintain and enhance the beneficial and unique character of the different neighborhoods, business districts, and harbor that together identify Newport Beach. Locate and design development to reflect Newport Beach’s topography, architectural diversity, and view sheds. (Imp 1.1) LU 1.2 Citywide Identity While recognizing the qualities that uniquely define its neighborhoods and districts, promote the identity of the entire City that differentiates it as a special place within the Southern California region. (Imp 1.1) LU 1.3 Natural Resources Protect the natural setting that contributes to the character and identify of Newport Beach and the sense of place it provides for its residents and visitors. Preserve open space resources, beaches, harbor, parks, bluffs, preserves, and estuaries as visual, recreational and habitat resources. (Imp 1.1) 112 Land Use Element Newport Beach General Plan 3-6 LU 1.4 Growth Management Implement a conservative growth strategy that enhances the quality of life of residents and balances the needs of all constituencies with the preservation of open space and natural resources. (Imp 1.1, 10.2) LU 1.5 Economic Health Encourage a local economy that provides adequate commercial, office, industrial, and marine-oriented opportunities that provide employment and revenue to support high-quality community services. (Imp 1.1, 24.1) LU 1.6 Public Views Protect and, where feasible, enhance significant scenic and visual resources that include open space, mountains, canyons, ridges, ocean, and harbor from public vantage points. (Imp 1.1) Uses to Be Accommodated (“What Uses Contribute to Our Community?”) Goal LU 2 A living, active, and diverse environment that complements all lifestyles and enhances neighborhoods, without compromising the valued resources that make Newport Beach unique. It contains a diversity of uses that support the needs of residents, sustain and enhance the economy, provide job opportunities, serve visitors that enjoy the City’s diverse recreational amenities, and protect its important environmental setting, resources, and quality of life. Policies LU 2.1 Resident-Serving Land Uses Accommodate uses that support the needs of Newport Beach’s residents including housing, retail, services, employment, recreation, education, culture, entertainment, civic engagement, and social and spiritual activity that are in balance with community natural resources and open spaces. (Imp 1.1, 2.1) LU 2.2 Sustainable and Complete Community Emphasize the development of uses that enable Newport Beach to continue as a self-sustaining community and minimize the need for residents to travel outside of the community for retail, goods and services, and employment. (Imp 1.1, 24.1) LU 2.3 Range of Residential Choices Provide opportunities for the development of residential units that respond to community and regional needs in terms of density, size, location, and cost. Implement goals, policies, programs, and objectives identified within the City’s Housing Element. (Imp 1.1, 8.1, 25.1) 113 Land Use Element Newport Beach General Plan 3-7 Bonita Canyon, Balboa Island, Cannery Village, and Newport Center residential neighborhoods LU 2.4 Economic Development Accommodate uses that maintain or enhance Newport Beach’s fiscal health and account for market demands, while maintaining and improving the quality of life for current and future residents. (Imp 1.1, 24.1) Fashion Island Neighborhood Commercial 114 Land Use Element Newport Beach General Plan 3-8 Balboa Village Koll Center LU 2.5 Harbor and Waterfront Uses Preserve the uses of the Harbor and the waterfront that contribute to the charm and character of Newport Beach and provide needed support for recreational and commercial boaters, visitors, and residents, with appropriate regulations necessary to protect the interests of all users as well as adjoining residents. (Imp 1.1, 2.5, 5.1, 21.4, 24.1) LU 2.6 Visitor Serving Uses Provide uses that serve visitors to Newport Beach’s ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents. (Imp 1.1, 2.1, 5.1, 24.1) LU 2.7 Oil and Gas Facilities Prohibit the construction of new onshore oil processing, refining, or transportation facilities, including facilities designed to transport oil from offshore tracts, with the exceptions of slant drilling from onshore oil fields or for the consolidation and more efficient production of wells should Banning Ranch be annexed to the City. (Imp 2.1, 5.1) LU 2.8 Adequate Infrastructure Accommodate the types, densities, and mix of land uses that can be adequately supported by transportation and utility infrastructure (water, sewer, storm drainage, energy, and so on) and public services (schools, parks, libraries, seniors, youth, police, fire, and so on). (Imp 1.1, 10.2, 11.1) Organization and Form of Uses (“How Are Land Uses Distributed?”) Goal LU 3 A development pattern that retains and complements the City’s residential neighborhoods, commercial and industrial districts, open spaces, and natural environment. 115 Land Use Element Newport Beach General Plan 3-9 Policies LU 3.1 Neighborhoods, Districts, Corridors, and Open Spaces Maintain Newport Beach’s pattern of residential neighborhoods, business and employment districts, commercial centers, corridors, and harbor and ocean districts. (Imp 1.1) LU 3.2 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re-use and infill with uses that are complementary in type, form, scale, and character. Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach’s share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. (Imp 1.1, 2.1, 5.1, 10.2, 16.2, 16.3, 17.1, 18.1, 19.1, 22.1, 23.1, 23.2) LU 3.3 Opportunities for Change Provide opportunities for improved development and enhanced environments for residents in the following districts and corridors, as specified in Polices 6.3.1 through 6.22.7: West Newport: consolidation of retail and visitor-serving commercial uses, with remaining areas developed for residential units West Newport Mesa: re-use of underperforming commercial and industrial properties for offices and other uses that support Hoag Hospital’s medical activities, improvement of remaining industrial properties adjoining the City of Costa Mesa, accommodation of nonwater marine-related industries, and development of residential in proximity to jobs and services Santa Ana Heights: use of properties consistent with the adopted Specific Plan and Redevelopment Plan John Wayne Airport Area: re-use of underperforming industrial and office properties and development of cohesive residential neighborhoods in proximity to jobs and services Fashion Island/Newport Center: expanded retail uses and hotel rooms and development of residential in proximity to jobs and services, while limiting increases in office development Balboa Peninsula: more efficient patterns of use that consolidate the Peninsula’s visitor-serving and mixed uses within the core commercial districts; encourage marine-related uses especially along the bay front; integrate residential with retail and visitor-serving uses in Lido Village, McFadden Square, Balboa Village, and along portions of the Harbor frontage; re-use interior parcels in Cannery Village for residential and limited mixed-use and live/work buildings; and redevelop underperforming properties outside of the core commercial 116 Land Use Element Newport Beach General Plan 3-10 districts along the Balboa Boulevard corridor for residential. Infill development shall be designed and sited to preserve the historical and architectural fabric of these districts Mariners’ Mile: re-use of underperforming properties for retail, visitor-serving, and marine-related uses, integrated with residential Corona del Mar: enhancement of public improvements and parking (Imp 1.1, 2.1, 5.1) LU 3.4 Banning Ranch Prioritize the acquisition of Banning Ranch as an open space amenity for the community and region, consolidating oil operations, enhancing wetland and other habitats, and providing parkland amenities to serve nearby neighborhoods. If the property cannot be acquired within a time period and pursuant to terms agreed to by the City and property owner, allow for the development of a compact residential village that preserves the majority of the site as open space and restores critical habitat in accordance with Policies 6.3.1 through 6.5.5. (Imp 1.1, 2.1, 5.1, 14.7, 14.11) LU 3.5 Coastal-Dependent and Related Businesses Design and site new development to avoid impacts to existing coastal-dependent and coastal-related developments. When reviewing proposals for land use changes, give full consideration to the impact on coastal-dependent and coastal- related land uses, including not only the proposed change on the subject property, but also the potential to limit existing coastal-dependent and coastal-related land uses on adjacent properties. (Imp 2.1, 5.1, 7.1) LU 3.6 Waterfront Access Use public beaches for public recreational uses and prohibit uses on beaches that interfere with public access and enjoyment of coastal resources. Encourage the expansion and improvement of access to the waterfront and water-related uses that provide important links to waterfront uses such as beaches, launching facilities, public docks, and other similar public water area uses. (Imp 1.1, 5.1) LU 3.7 Natural Resource or Hazardous Areas Require that new development is located and designed to protect areas with high natural resource value and protect residents and visitors from threats to life or property. (Imp 2.1, 6.1) LU 3.8 Project Entitlement Review with Airport Land Use Commission Refer the adoption or amendment of the General Plan, Zoning Code, specific plans, and Planned Community development plans for land within the John Wayne Airport planning area, as established in the JWA Airport Environs Land Use Plan (AELUP), to the Airport Land Use Commission (ALUC) for Orange County for review, as required by Section 21676 of the California Public Utilities Code. In addition, refer all development projects that include buildings with a height greater than 200 feet above ground level to the ALUC for review. (Imp 14.3) 117 Land Use Element Newport Beach General Plan 3-11 Land Use Diagram Goal LU 4 Management of growth and change to protect and enhance the livability of neighborhoods and achieve distinct and economically vital business and employment districts, which are correlated with supporting infrastructure and public services and sustain Newport Beach’s natural setting. Policies LU 4.1 Land Use Diagram Accommodate land use development consistent with the Land Use Plan. Figure LU1 depicts the general distribution of uses throughout the City and Figure LU2 through Figure LU15 depict specific use categories for each parcel within defined Statistical Areas. Table LU1 (Land Use Plan Categories) specifies the primary land use categories, types of uses, and, for certain categories, the densities/intensities to be permitted. The permitted densities/intensities or amount of development for land use categories for which this is not included in Table LU1, are specified on the Land Use Plan, Figure LU4 through Figure LU15. These are intended to convey maximum and, in some cases, minimums that may be permitted on any parcel within the designation or as otherwise specified by Table LU2 (Anomaly Locations). The density/intensity ranges are calculated based on actual land area, actual number of dwelling units in fully developed residential areas, and development potential in areas where the General Plan allows additional development. To determine the permissible development, the user should: a. Identify the parcel and the applicable land use designation on the Land Use Plan, Figure LU4 through Figure LU15 b. Refer to Figure LU4 through Figure LU15 and Table LU1 to identify the permitted uses and permitted density or intensity or amount of development for the land use classification. Where densities/intensities are applicable, the maximum amount of development shall be determined by multiplying the area of the parcel by the density/intensity. c. For anomalies identified on the Land Use Map by a symbol, refer to Table LU2 to determine the precise development limits. d. For residential development in the Airport Area., refer to the policies prescribed by the Land Use Element that define how development may occur. (Imp 2.1, 5.1, 10.2) 118 Land Use Element Newport Beach General Plan 3-12 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity RESIDENTIAL NEIGHBORHOODS SINGLE UNIT RESIDENTIAL Single Unit Residential Detached—RS-D The RS-D category applies to a range of detached single- family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable Single Unit Residential Attached—RS-A The RS-A category applies to a range of attached single- family residential dwelling units on a single legal lot and does not include condominiums or cooperative housing. Not applicable TWO UNIT RESIDENTIAL—RT The RT category applies to a range of two family residential dwelling units such as duplexes and townhomes. Not applicable MULTIPLE RESIDENTIAL Multiple Residential—RM The RM designation is intended to provide primarily for multi-family residential development containing attached or detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures Multiple Residential Detached—RM-D The RM-D designation is intended to provide primarily for multi-family residential development exclusively containing detached dwelling units. Units per acre or cumulative amount of development as specified on the Land Use Figures COMMERCIAL DISTRICTS AND CORRIDORS NEIGHBORHOOD COMMERCIAL—CN The CN designation is intended to provide for a limited range of retail and service uses developed in one or more distinct centers oriented to primarily serve the needs of and maintain compatibility with residential uses in the immediate area. Floor area to land area ratio or cumulative development indicated on Land Use Plan. CORRIDOR COMMERCIAL—CC The CC designation is intended to provide a range of neighborhood-serving retail and service uses along street frontages that are located and designed to foster pedestrian activity. Floor to land area ratio or cumulative development indicated on Land Use Plan. GENERAL COMMERCIAL— CG The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Floor area to land area ratio or cumulative development indicated on Land Use Plan. RECREATIONAL AND MARINE COMMERCIAL— CM The CM designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses, maintain the marine theme and character, encourage mutually supportive businesses, encourage visitor-serving and recreational uses, and encourage physical and visual access to the bay on waterfront commercial and industrial building sites on or near the bay. Floor area to land area ratio or cumulative development indicated on Land Use Plan. VISITOR SERVING COMMERCIAL—CV The CV designation is intended to provide for accommodations, goods, and services intended to primarily serve visitors to the City of Newport Beach. Floor area to land area ratio or cumulative development indicated on Land Use Plan. 119 Land Use Element Newport Beach General Plan 3-13 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity REGIONAL COMMERCIAL—CR The CR designation is intended to provide retail, entertainment, service, and supporting uses that serve local and regional residents. Typically, these are integrated into a multi-tenant development that contains one or more “anchor” uses to attract customers. Automobile sales, repair, and service facilities, professional offices, single-destination, and other highway-oriented uses are not permitted. As specified by Table LU2 COMMERCIAL OFFICE DISTRICTS GENERAL COMMERCIAL OFFICE—CO-G The CO-G designation is intended to provide for administrative, professional, and medical offices with limited accessory retail and service uses. Hotels, motels, and convalescent hospitals are not permitted. Floor area to land area ratio or cumulative development indicated on Land Use Plan. MEDICAL COMMERCIAL OFFICE—CO-M The CO-M designation is intended to provide primarily for medical-related offices, other professional offices, retail, short-term convalescent and long-term care facilities, research labs, and similar uses. Floor area to land area ratio of 0.75, except as specified on the Land Use Plan. REGIONAL COMMERCIAL OFFICE—CO-R The CO-R designation is intended to provide for administrative and professional offices that serve local and regional markets, with limited accessory retail, financial, service, and entertainment uses. As specified by Table LU2 INDUSTRIAL DISTRICTS GENERAL INDUSTRIAL—IG The IG designation is intended to provide for a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses. Floor area to land area ratio of 0.75, except as specified on the Land Use Plan. AIRPORT SUPPORTING DISTRICTS AIRPORT OFFICE AND SUPPORTING USES—AO The AO designation is intended to provide for the development of properties adjoining the John Wayne Airport for uses that support or benefit from airport operations. These may include professional offices, aviation retail, automobile rental, sales, and service, hotels, and ancillary retail, restaurant, and service uses. Floor area to land area ratio of 0.5, except for warehousing which may be developed at a floor area to land ratio of 0.75. MIXED-USE DISTRICTS MIXED USE VERTICAL— MU-V The MU-V designation is intended to provide for the development of properties for mixed-use structures that vertically integrate housing with retail uses including retail, office, restaurant, and similar nonresidential uses. For mixed-use structures, commercial uses characterized by noise, vibration, odors, or other activities that would adversely impact on-site residential units are prohibited. Sites may also be developed exclusively for retail or office uses in accordance with the CN, CC, CG, or CO-G designations. Mixed-Use buildings: floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and a maximum of 1.0 for residential. Nonresidential buildings: floor area to land area ratio of 0.75. 120 Land Use Element Newport Beach General Plan 3-14 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity MIXED-USE HORIZONTAL— MU-H The MU-H designation is intended to provide for the development of areas for a horizontally distributed mix of uses, which may include general or neighborhood commercial, commercial offices, multi-family residential, visitor-serving and marine-related uses, and/or buildings that vertically integrate residential with commercial uses. Mixed-Use Horizontal 1— MU-H1 The MU-H1 designation provides for a horizontal intermixing of uses. For properties located on the inland side of Coast Highway in the Mariners’ Mile Corridor, (a) the Coast Highway frontages shall be developed for marine-related and highway-oriented general commercial uses in accordance with CM and CG designations; and (b) portions of properties to the rear of the commercial frontage may be developed for free-standing neighborhood-serving retail, multi-family residential units, or mixed-use buildings that integrate residential with retail uses on the ground floor in accordance with the CN, RM , CV, or MU-V designations respectively. Properties located in the Dover Drive/Westcliff Drive area may also be developed for professional offices or mixed-use buildings that integrate residential with retail or office uses on the ground floor in accordance with the CO and MU-V designations respectively. Commercial or Office only: floor area to land ratio of 0.5. Multi-Family Residential only: 20.1–26.7 units per acre. Mixed-Use Buildings: floor area to land ratio of 1.5; where a minimum floor area to land ratio of 0.25 and maximum of 0.5 shall be used for nonresidential purposes and a maximum of 1.0 for residential. Mixed-Use Horizontal 2— MU-H2 The MU-H2 designation applies to properties located in the Airport Area. It provides for a horizontal intermixing of uses that may include regional commercial office, multi- family residential, vertical mixed-use buildings, industrial, hotel rooms, and ancillary neighborhood commercial uses. Residential: maximum of 2,200 units as replacement of existing office, retail, and/or industrial uses at a maximum density of 50 units per adjusted gross acre, of which a maximum of 550 units may be developed as infill. Nonresidential Uses: as defined by Table LU2 Mixed-Use Horizontal 3— MU-H3 The MU-H3 designation applies to properties located in Newport Center. It provides for the horizontal intermixing of regional commercial office, hotel, multi-family residential and ancillary commercial uses. Within the Tennis Club, residential uses may be developed as single- family units. Residential: maximum of 450 units Hotel: 65 rooms in addition to those specified in Table LU2 Other: Nonresidential: As specified by Table LU2 121 Land Use Element Newport Beach General Plan 3-15 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity Mixed-Use Horizontal 4— MU-H4 The MU-H4 designation applies to properties where it is the intent to establish the character of a distinct and cohesively developed district or neighborhood containing multi-family residential with clusters of mixed-use and/or commercial buildings in such locations as the interior parcels of Cannery Village and 15th Street on Balboa Peninsula. Permitted uses include (a) Multi-Family Residential, (b) General or Neighborhood Commercial, and/or (c) Mixed-Use structures, where the ground floor shall be restricted to nonresidential uses along the street frontage such as retail sales and restaurants and the rear and upper floors used for residential including seniors units and overnight accommodations (comparable to MU-V). Mixed-use or commercial buildings shall be required on parcels at street intersections and are permissible, but not required, on other parcels. Mixed-Use Buildings: floor area to land area ratio of 1.5, where a minimum floor area to land area ratio of 0.25 and maximum 0.5 shall be used for retail uses and maximum of 1.0 for residential. Commercial only: floor area to land area ratio of 0.5. Multi-Family Residential only: 20.1–26.7 units per net acre. MIXED-USE WATER RELATED—MU-W The MU-W designation is intended to provide for commercial development on or near the bay in a manner that will encourage the continuation of coastal-dependent and coastal-related uses in accordance with the Recreational and Marine Commercial (CM) designation, as well as allow for the integrated development of residential. Mixed-Use Water 1— MU-W1 The MU-W1 designation is applied to waterfront locations along the Mariners’ Mile Corridor in which marine- related, visitor-serving, commercial and residential uses are intermixed with buildings that provide residential uses above the ground floor. Permitted uses include those permitted by the CM, CV, Multi-Family Residential (MFR), and Vertical Mixed-Use (MU-V) designations. A minimum of 50% of the permitted square footage shall be used for the CM or CV land uses. No more than 50% of the waterfront area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed-use structures. A master or specific plan shall be required to ensure that the uses are fully integrated and impacts from their differing functions and activities are fully mitigated. Mixed-Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and the number of residential units shall not exceed the cumulative total for Multi- Family Residential specified below. Commercial only: floor area to land area ratio of 0.5. Multi-Family Residential only: 12 units per acre, with the number of units calculated based on a maximum of 50% of the property. 122 Land Use Element Newport Beach General Plan 3-16 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity Mixed-Use Water 2— MU-W2 The MU-W2 designation is applied to waterfront locations in which marine-related uses may be intermixed with buildings that provide residential on the upper floors. Permitted uses include those permitted by the CM, CV, and MU-V designations. Free-standing residential shall not be permitted. Mixed-Use Buildings: floor area to land ratio of 1.25; where a minimum floor area to land ratio of 0.35 and maximum of 0.5 shall be used for nonresidential purposes and maximum of 0.75 for residential. In Lido Marina Village, the maximum floor area to land ratio shall be 1.5; where a minimum floor area to land ratio of 0.35 and maximum of 0.7 shall be used for nonresidential purposes and a maximum of 0.8 for residential. Nonresidential buildings: floor area to land area ratio of 0.5. PUBLIC, SEMI-PUBLIC, AND INSTITUTIONAL PUBLIC FACILITIES—PF The PF designation is intended to provide public facilities, including public schools, cultural institutions, government facilities, libraries, community centers, public hospitals, and public utilities. Not applicable. PRIVATE INSTITUTIONS— PI The PI designation is intended to provide for privately owned facilities that serve the public, including places for religious assembly, private schools, health care, cultural institutions, museums, yacht clubs, congregate homes, and comparable facilities. Floor to land area ratio or cumulative development indicated on Land Use Plan. OPEN SPACE—OS The OS designation is intended to provide areas for a range of public and private uses to protect, maintain, and enhance the community’s natural resources. Open spaces may include incidental buildings, such as maintenance equipment and supply storage, which are not traditionally included in determining intensity limits. OPEN SPACE/ RESIDENTIAL VILLAGE— OS(RV) The OS(RV) designation is intended for the preservation of Banning Ranch as open space, restoration of wetlands and other habitats, development of a community park, and consolidation of oil extraction and processing facilities. Should the property not be acquired, the designation permits the development of a planned residential community that integrates a mix of single-family detached, single-family attached, two family, and/or multi-family residential, with supporting schools, parks, community services, local-serving convenience commercial uses and services, and open spaces. A master or specific plan is required to depict the uses, street and infrastructure improvements, open spaces, development standards, design guidelines, and financial plan. Priority: Open spaces, habitat restoration, and parks. Alternative: Maximum of 1,375 residential units, 75,000 sf of retail commercial, and 75 hotel rooms. 123 Land Use Element Newport Beach General Plan 3-17 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity PARKS AND RECREATION—PR The PR designation applies to land used or proposed for active public or private recreational use. Permitted uses include parks (both active and passive), golf courses, marina support facilities, aquatic facilities, tennis clubs and courts, private recreation, and similar facilities. Not applicable for public uses. Private uses in this category may include incidental buildings, such as maintenance equipment sheds, supply storage, and restrooms, not included in determining intensity limits. For golf courses, these uses may also include support facilities for grounds maintenance employees. Other types of buildings and developments are limited as specified in Table LU2. TIDELANDS AND SUBMERGED LANDS—TS The TS designation is intended to address the use, management, and protection of tidelands and submerged lands of Newport Bay and the Pacific Ocean immediately adjacent to the City of Newport Beach. The designation is generally not applied to historic tidelands and submerged lands that are presently filled or reclaimed. Not applicable. Calculation of floor area shall not include parking structures. 124 Land Use Element Newport Beach General Plan 3-18 Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limit (sf) Development Limit (Other) Additional Information 1 L4 MU-H2 460,095 471 Hotel Rooms (not included in total square footage) 2 L4 MU-H2 1,052,880 2.1 L4 MU-H2 18,810 11,544 sf restricted to general office use only (included in total square footage) 3 L4 CO-G 734,641 4 L4 MU-H2 250,176 5 L4 MU-H2 32,500 6 L4 MU-H2 46,044 7 L4 MU-H2 81,372 8 L4 MU-H2 442,775 9 L4 CG 120,000 164 Hotel Rooms (included in total square footage) 10 L4 MU-H2 31,362 349 Hotel Rooms (not included in total square footage) 11 L4 CG 11,950 12 L4 MU-H2 457,880 13 L4 CO-G 288,264 14 L4 CO-G/MU-H2 860,884 15 L4 MU-H2 228,214 16 L4 CO-G 344,231 17 L4 MU-H2 33,292 304 Hotel Rooms (not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO-G 687,000 Office: 660,000 sf; Retail: 27,000 sf CV 300 Hotel Rooms 22 J6 CO-G 70,000 Restaurant: 8000 sf, or Office: 70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 33 M3 PI 163, 680 Administrative Office and Support Facilitates: 30,000 sf Community Mausoleum and Garden Crypts: 121,680 sf Family Mausoleums: 12,000 sf 34 L1 CO-R 484,348 35 L1 CO-R 199,095 36 L1 CO-R 227,797 125 Land Use Element Newport Beach General Plan 3-19 Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limit (sf) Development Limit (Other) Additional Information 37 L1 CO-R 131,201 2,050 Theater Seats (not included in total square footage) 38 L1 CO-M 443,627 39 L1 MU-H3 408,084 40 L1 MU-H3 1,426,634 425 Hotel Rooms (included in total Square Footage) 41 L1 CO-R 327,671 42 L1 CO-R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats (not included in total square footage) 45 L1 CO-G 162,364 46 L1 MU-H3/PR 3,725 24 Tennis Courts Residential permitted in accordance with MU-H3. 47 L1 CG 105,000 48 L1 MU-H3 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 J1 CM 2,000 55 H3 PI 119,440 56 A3 PI 1,343,238 990,349 sf Upper Campus 577,889 sf Lower Campus In no event shall the total combined gross floor area of both campuses exceed the development limit of 1,343,238 sq. ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU-W1 247,402 144 Dwelling Units (included in total square footage) 60 N CV 2,660,000 2,150 Hotel Rooms (included in total square footage) 61 N CV 125,000 62 L2 CG 2,300 63 G1 CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM-D Parking Structure for Bay Island (No Residential Units) 71 L1 CO-G 11,630 72 L1 CO-G 8,000 73 A3 CO-M 350,000 74 L1 PR 56,000 126 Land Use Element Newport Beach General Plan 3-20 Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limit (sf) Development Limit (Other) Additional Information 75 L1 PF City Hall, and the administrative offices of the City of Newport Beach, and related parking, pursuant to Section 425 of the City Charter. 76 H1 CO-G 0.5 FAR 1.0 FAR permitted, provided all four legal lots are consolidated into one parcel to provide unified site design 77 H4 CV 240,000 157 Hotel Rooms (included in total square footage) 78 B5 CM 139,840 79 H4 CG 0.3/0.5 Development limit of 19,905 sq.ft. permitted, provided all six legal lots are consolidated into one parcel to provide unified site design LU 4.2 Prohibition of New Residential Subdivisions Prohibit new residential subdivisions that would result in additional dwelling units unless authorized by an amendment of the General Plan (GPA). Lots that have been legally merged through the Subdivision Map Act and City Subdivision Code approvals are exempt from the GPA requirements and may be re-subdivided to the original underlying legal lots. This policy is applicable to all Single Unit, Two Unit, and Multiple Unit Residential land use categories. (Imp 6.1) LU 4.3 Transfer of Development Rights Permit the transfer of development rights from a property to one or more other properties when: a. The donor and receiver sites are within the same Statistical Area. b. The reduced density/intensity on the donor site provides benefits to the City such as, but not limited to, the (1) provision of extraordinary open space, public visual corridor(s), parking or other amenities; (2) preservation of a historic building or property or natural landscapes; (3) improvement of the area’s scale and development character; (4) consolidation of lots to achieve a better architectural design than could be achieved without lot consolidation; and/or (5) reduction of local vehicle trips and traffic congestion; c. The increment of growth transferred to the receiver site complements and is in scale with surrounding development, complies with community character and design policies contained in this Plan, and does not materially degrade local traffic conditions and environmental quality. d. Transfer of Development Rights in Newport Center is governed by Policy 6.14.3 (Imp 2.1, 5.1, 10.2) 127 Land Use Element Newport Beach General Plan 3-21 Figure LU1 General Plan Overview Map 11x17 color 128 Land Use Element Newport Beach General Plan 3-22 BLANK 129 Land Use Element Newport Beach General Plan 3-23 Figure LU2 Index Map 11x17 color 130 Land Use Element Newport Beach General Plan 3-24 BLANK 131 Land Use Element Newport Beach General Plan 3-25 Figure LU3 Statistical Area Map 11x17 color 132 Land Use Element Newport Beach General Plan 3-26 BLANK 133 Land Use Element Newport Beach General Plan 3-27 Figure LU4 Statistical Area D3, D4, E1-E3 11x17 color 134 Land Use Element Newport Beach General Plan 3-28 BLANK 135 Land Use Element Newport Beach General Plan 3-29 Figure LU5 Statistical Area C1, C2, D1, D2 11 X 17 color 136 Land Use Element Newport Beach General Plan 3-30 BLANK 137 Land Use Element Newport Beach General Plan 3-31 Figure LU6 Statistical Area B3, B4, B5 11 X 17 color 138 Land Use Element Newport Beach General Plan 3-32 BLANK 139 Land Use Element Newport Beach General Plan 3-33 Figure LU7 Statistical Area B1, B2 11 X 17 color 140 Land Use Element Newport Beach General Plan 3-34 BLANK 141 Land Use Element Newport Beach General Plan 3-35 Figure LU8 Statistical Area A1 - A3 11 X 17 color 142 Land Use Element Newport Beach General Plan 3-36 BLANK 143 Land Use Element Newport Beach General Plan 3-37 Figure LU9 Statistical Area H1 – H4 11 X 17 color 144 Land Use Element Newport Beach General Plan 3-38 BLANK 145 Land Use Element Newport Beach General Plan 3-39 Figure LU10 Statistical Area G1, J1 – J5, K1, K2 11 X 17 color 146 Land Use Element Newport Beach General Plan 3-40 BLANK 147 Land Use Element Newport Beach General Plan 3-41 Figure LU11 Statistical Area J6, L4 11 X 17 color 148 Land Use Element Newport Beach General Plan 3-42 BLANK 149 Land Use Element Newport Beach General Plan 3-43 Figure LU12 Statistical Area K3, L3, M6 11 X 17 color 150 Land Use Element Newport Beach General Plan 3-44 BLANK 151 Land Use Element Newport Beach General Plan 3-45 Figure LU13 Statistical Area F1, L1, L2, M1 – M5 11 X 17 color 152 Land Use Element Newport Beach General Plan 3-46 BLANK 153 Land Use Element Newport Beach General Plan 3-47 Figure LU14 Statistical Area F2 – F8 11 X 17 color 154 Land Use Element Newport Beach General Plan 3-48 BLANK 155 Land Use Element Newport Beach General Plan 3-49 Figure LU15 Statistical Area N 11 X 17 color 156 Land Use Element Newport Beach General Plan 3-50 BLANK 157 Land Use Element Newport Beach General Plan 3-51 Community Character (“Maintaining the Character of Our Neighborhoods and Districts”) Goals and policies provide for the maintenance and enhancement of Newport Beach’s residential neighborhoods, commercial districts, employment centers, corridors, and open spaces, assuring that new development complements and reinforces these characteristics. In addition to those listed below, community design policies are defined in LU 6.0 to reflect the specific community character objectives for a number of the City’s districts and corridors. Residential Neighborhoods Goal LU 5.1 Residential neighborhoods that are well-planned and designed contribute to the livability and quality of life of residents, respect the natural environmental setting, and sustain the qualities of place that differentiate Newport Beach as a special place in the Southern California region. Policies ALL NEIGHBORHOODS LU 5.1.1 Compatible but Diverse Development Establish property development regulations for residential projects to create compatible and high-quality development that contributes to neighborhood character. (Imp 2.1) LU 5.1.2 Compatible Interfaces Require that the height of development in nonresidential and higher-density residential areas transition as it nears lower-density residential areas to minimize conflicts at the interface between the different types of development. (Imp 2.1) LU 5.1.3 Neighborhood Identification Encourage and support the identification of distinct residential neighborhoods. (Imp 1.1, 1.3) LU 5.1.4 Neighborhood Maintenance Promote the maintenance of existing residential units through code enforcement and promotion of County and local rehabilitation programs and public education. This may include providing information, guidance, and assistance where feasible. (Imp 23.3, 25.1, 26.1, 29.1) 158 Land Use Element Newport Beach General Plan 3-52 SINGLE-FAMILY DETACHED AND TWO-UNIT NEIGHBORHOODS LU 5.1.5 Character and Quality of Single-Family Residential Dwellings Require that residential units be designed to sustain the high level of architectural design quality that characterizes Newport Beach’s neighborhoods in consideration of the following principles: Articulation and modulation of building masses and elevations to avoid the appearance of “box-like” buildings Compatibility with neighborhood development in density, scale, and street facing elevations Architectural treatment of all elevations visible from public places Entries and windows on street facing elevations to visually “open” the house to the neighborhood Orientation to desirable sunlight and views (Imp 2.1) Illustrates articulation of single-family residential building volume, variation of rooflines, street orientation, well-defined entries, landscaping, parkways, and minimization of driveway paving. LU 5.1.6 Character and Quality of Residential Properties Require that residential front setbacks and other areas visible from the public street be attractively landscaped, trash containers enclosed, and driveway and parking paving minimized. (Imp 2.1) LU 5.1.7 Renovation and Replacement of Existing Residential Units Require that residential units that are renovated and rebuilt in existing single- family neighborhoods adhere to the principles for new developments, as specified by Policy 5.1.5 above. Consider the appropriateness of establishing single-family residential design guidelines and/or standards and review procedures for neighborhoods impacted by significant changes in building scale and character. (Imp 2.1, 8.2) LU 5.1.8 Parking Adequacy Require that new and renovated single-family residences incorporate adequate enclosed parking in consideration of its number of bedrooms. (Imp 2.1) 159 Land Use Element Newport Beach General Plan 3-53 Multi-Family Neighborhoods LU 5.1.9 Character and Quality of Multi-Family Residential Require that multi-family dwellings be designed to convey a high quality architectural character in accordance with the following principles (other than the Newport Center and Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific to those areas): Building Elevations Treatment of the elevations of buildings facing public streets and pedestrian ways as the principal façades with respect to architectural treatment to achieve the highest level of urban design and neighborhood quality Architectural treatment of building elevations and modulation of mass to convey the character of separate living units or clusters of living units, avoiding the appearance of a singular building volume Provide street- and path-facing elevations with high-quality doors, windows, moldings, metalwork, and finishes Illustrates multi-family residential infill townhomes, rowhouses, and apartments. Modulation of building volume and heights, articulated elevations, and orientation of residential units to the street. Ground Floor Treatment Where multi-family residential is developed on large parcels such as the Airport Area and West Newport Mesa: Set ground-floor residential uses back from the sidewalk or from the right-of-way, whichever yields the greater setback to provide privacy and a sense of security and to leave room for stoops, porches and landscaping 160 Land Use Element Newport Beach General Plan 3-54 Raise ground-floor residential uses above the sidewalk for privacy and security but not so much that pedestrians face blank walls or look into utility or parking spaces Encourage stoops and porches for ground-floor residential units facing public streets and pedestrian ways Where multi-family residential is developed on small parcels, such as the Balboa Peninsula, the unit may be located directly along the sidewalk frontage and entries should be setback or elevated to ensure adequate security (as shown below). Illustrates multi-family residential with lobbies and entry gates located on each street and pedestrian-way frontage. Roof Design Modulate roof profiles to reduce the apparent scale of large structures and to provide visual interest and variety. Parking Design covered and enclosed parking areas to be integral with the architecture of the residential units’ architecture. Open Space and Amenity Incorporate usable and functional private open space for each unit. Incorporate common open space that creates a pleasant living environment with opportunities for recreation. (Imp 2.1) Commercial Districts Goal LU 5.2 Commercial centers and districts that are well-designed and planned, exhibit a high level of architectural and landscape quality, and are vital places for shopping and socialization. Policies LU 5.2.1 Architecture and Site Design Require that new development within existing commercial districts centers and corridors complement existing uses and exhibit a high level of architectural and site design in consideration of the following principles: 161 Land Use Element Newport Beach General Plan 3-55 Seamless connections and transitions with existing buildings, except where developed as a free-standing building Modulation of building masses, elevations, and rooflines to promote visual interest Architectural treatment of all building elevations, including ancillary facilities such as storage, truck loading and unloading, and trash enclosures Treatment of the ground floor of buildings to promote pedestrian activity by avoiding long, continuous blank walls, incorporating extensive glazing for transparency, and modulating and articulating elevations to promote visual interest Clear identification of storefront entries Incorporation of signage that is integrated with the buildings’ architectural character Architectural treatment of parking structures consistent with commercial buildings, including the incorporation of retail in the ground floors where the parking structure faces a public street or pedestrian way Extensive on-site landscaping, including mature vegetation to provide a tree canopy to provide shade for customers Incorporation of plazas and expanded sidewalks to accommodate pedestrian, outdoor dining, and other activities Clearly delineated pedestrian connections between business areas, parking, and to adjoining neighborhoods and districts (paving treatment, landscape, wayfinding signage, and so on) Integration of building design and site planning elements that reduce the consumption of water, energy, and other nonrenewable resources (Imp 2.1) Illustrates pedestrian-activated commercial “village” character with buildings fronting onto wide sidewalks and plazas, outdoor dining, modulation and articulation of building elevations, integrated signage, orientation of storefronts to the pedestrian, and streetscape amenities. 162 Land Use Element Newport Beach General Plan 3-56 LU 5.2.2 Buffering Residential Areas Require that commercial uses adjoining residential neighborhoods be designed to be compatible and minimize impacts through such techniques as: Incorporation of landscape, decorative walls, enclosed trash containers, downward focused lighting fixtures, and/or comparable buffering elements; Attractive architectural treatment of elevations facing the residential neighborhood; Location of automobile and truck access to prevent impacts on neighborhood traffic and privacy. (Imp 2.1) LU 5.2.3 Alley Design Improve and enhance the aesthetic quality of alleys without impacting service access. (Imp 6.1, 8.1) Mixed-Use Districts and Neighborhoods Goal LU 5.3 Districts where residents and businesses are intermixed that are designed and planned to ensure compatibility among the uses, that they are highly livable for residents, and are of high quality design reflecting the traditions of Newport Beach. Policies LU 5.3.1 Mixed-Use Buildings Require that mixed-use buildings be designed to convey a high level of architectural and landscape quality and ensure compatibility among their uses in consideration of the following principles: Design and incorporation of building materials and features to avoid conflicts among uses, such as noise, vibration, lighting, odors, and similar impacts Visual and physical integration of residential and nonresidential uses Architectural treatment of building elevations and modulation of their massing Separate and well-defined entries for residential units and nonresidential businesses Design of parking areas and facilities for architectural consistency and integration among uses Incorporation of extensive landscape appropriate to its location; urbanized streetscapes, for example, would require less landscape along the street frontage but integrate landscape into interior courtyards and common open spaces (Imp 2.1) 163 Land Use Element Newport Beach General Plan 3-57 Illustrates mixed-use buildings that integrate ground floor retail and upper floor residential. Modulated building volumes and articulated elevations, separate entries for retail and residential, and orientation of the building to pedestrian-oriented streets. LU 5.3.2 Mixed-Use Building Location and Size of Nonresidential Uses Require that 100 percent of the ground floor street frontage of mixed-use buildings be occupied by retail and other compatible nonresidential uses, unless specified otherwise by policies LU 6.1.1 through LU 6.20.6 for a district or corridor. (Imp 2.1) LU 5.3.3 Parcels Integrating Residential and Nonresidential Uses Require that properties developed with a mix of residential and nonresidential uses be designed to achieve high levels of architectural quality in accordance with policies LU 5.1.9 and LU 5.2.1 and planned to ensure compatibility among the uses and provide adequate circulation and parking. Residential uses should be seamlessly integrated with nonresidential uses through architecture, pedestrian walkways, and landscape. They should not be completely isolated by walls or other design elements. (Imp 2.1) LU 5.3.4 Districts Integrating Residential and Nonresidential Uses Require that sufficient acreage be developed for an individual use located in a district containing a mix of residential and nonresidential uses to prevent fragmentation and ensure each use’s viability, quality, and compatibility with adjoining uses. (Imp 2.1, 6.1) 164 Land Use Element Newport Beach General Plan 3-58 All Commercial and Mixed-Use Districts LU 5.3.5 Pedestrian-Oriented Architecture and Streetscapes Require that buildings located in pedestrian-oriented commercial and mixed-use districts (other than the Newport Center and Airport Area, which are guided by Goals 6.14 and 6.15, respectively, specific to those areas) be designed to define the public realm, activate sidewalks and pedestrian paths, and provide “eyes on the street” in accordance with the following principles: Location of buildings along the street frontage sidewalk, to visually form a continuous or semi-continuous wall with buildings on adjacent parcels Inclusion of retail uses characterized by a high level of customer activity on the ground floor; to insure successful retail-type operations, provide for transparency, elevation of the first floor at or transitioning to the sidewalk, floor-to-floor height, depth, deliveries, and trash storage and collection Articulation and modulation of street-facing elevations to promote interest and character Inclusion of outdoor seating or other amenities that extend interior uses to the sidewalk, where feasible Minimization of driveways that interrupt the continuity of street facing building elevations, prioritizing their location to side streets and alleys where feasible (Imp 2.1) Illustrates pedestrian-oriented characteristics of commercial and mixed-use projects, with transparent and articulated building elevations, wide sidewalks, and streetscape amenities. LU 5.3.6 Parking Adequacy and Location Require that adequate parking be provided and is conveniently located to serve tenants and customers. Set open parking lots back from public streets and pedestrian ways and screen with buildings, architectural walls, or dense landscaping. (Imp 2.1) 165 Land Use Element Newport Beach General Plan 3-59 Office and Business Parks Goal LU 5.4 Office and business districts that exhibit a high quality image, are attractive, and provide quality working environments for employees. Policies LU 5.4.1 Site Planning Require that new and renovated office and retail development projects be planned to exhibit a high-quality and cohesive “campus environment,” characterized by the following: Location of buildings around common plazas, courtyards, walkways, and open spaces Incorporation of extensive on-site landscaping that emphasizes special features such as entryways Use of landscape and open spaces to break the visual continuity of surface parking lots Common signage program for tenant identification and wayfinding Common streetscapes and lighting to promote pedestrian activity Readily observable site access, entrance drives and building entries and minimized conflict between service vehicles, private automobiles, and pedestrians (Imp 2.1) Illustrates massing of industrial and commercial buildings around pedestrian-oriented plazas and open spaces, inclusion of extensive landscape, common signage and streetscapes, and modulation of building volumes and articulation of elevations. 166 Land Use Element Newport Beach General Plan 3-60 LU 5.4.2 Development Form and Architecture Require that new development of business park, office, and supporting buildings be designed to convey a unified and high-quality character in consideration of the following principles: Modulation of building mass, heights, and elevations and articulation of building Avoidance of blank building walls that internalize uses with no outdoor orientation to public spaces Minimize the mass and bulk of building facades abutting streets Consistent architectural design vocabulary, articulation, materials, and color palette Clear identification of entries through design elements Integration of signage with the building’s architectural style and character Architectural treatment of parking structures consistent with their primary commercial or office building (Imp 2.1) Industrial Districts Goal LU 5.5 Districts that provide for the manufacturing of goods and research, and development that are attractive, compatible with adjoining nonindustrial uses, and well maintained. Policies LU 5.5.1 Site Planning and Building Design Require that new and renovated industrial properties and structures be designed to exhibit a high quality of design and maintenance characterized by the following: Incorporation of extensive on-site landscaping Incorporation of landscape, decorative walls, and other elements that visually screen areas used for outdoor storage, processing, and other industrial operations from public places Architectural treatment of all building elevations Consistent and well-designed signage Control of on-site lighting, noise, odors, vibrations, toxic materials, truck access, and other elements that may impact adjoining nonindustrial land uses. (Imp 2.1) LU 5.5.2 Property Maintenance Encourage and, where subject to redevelopment, require owners of visually unattractive or poorly maintained industrial properties to upgrade existing structures and properties to improve their visual quality. (Imp 26.1) 167 Land Use Element Newport Beach General Plan 3-61 All Neighborhoods, Districts, and Corridors Goal LU 5.6 Neighborhoods, districts, and corridors containing a diversity of uses and buildings that are mutually compatible and enhance the quality of the City’s environment. Policies LU 5.6.1 Compatible Development Require that buildings and properties be designed to ensure compatibility within and as interfaces between neighborhoods, districts, and corridors. (Imp 2.1) LU 5.6.2 Form and Environment Require that new and renovated buildings be designed to avoid the use of styles, colors, and materials that unusually impact the design character and quality of their location such as abrupt changes in scale, building form, architectural style, and the use of surface materials that raise local temperatures, result in glare and excessive illumination of adjoining properties and open spaces, or adversely modify wind patterns. (Imp 2.1) LU 5.6.3 Ambient Lighting Require that outdoor lighting be located and designed to prevent spillover onto adjoining properties or significantly increase the overall ambient illumination of their location. (Imp 2.1) LU 5.6.4 Conformance with the Natural Environmental Setting Require that sites be planned and buildings designed in consideration of the property’s topography, landforms, drainage patterns, natural vegetation, and relationship to the Bay and coastline, maintaining the environmental character that distinguishes Newport Beach. (Imp 2.1, 8.1) LU 5.6.5 Heliport/Helistop Compatibility Require that all applicants for the construction or operation of a heliport or helistop comply with state permit procedures, file a Form 7480 (Notice of Landing Area Proposal) with the Federal Aviation Administration (FAA), and comply with all conditions of approval imposed by the FAA, Caltrans/Division of Aeronautics and Airport Land Use Commission (ALUC) for Orange County. (Imp 14.9) 168 Land Use Element Newport Beach General Plan 3-62 Neighborhoods, Districts, and Corridors (“Places That Distinguish Newport Beach”) Goals and policies provide for the maintenance of existing neighborhoods, districts, corridors, and public and civic uses, managing growth and change to ensure that their character, livability, and economic value are sustained. Public and Institutional Uses and Districts The City of Newport Beach contains a diversity of public and institutional uses including civic and government administrative facilities (City Hall), corporate yards, fire and police facilities, libraries, cultural institutions, art museum, marine science center, environmental interpretative center, senior and youth facilities, schools, and hospitals. Major public uses include the City Hall, adjoining Lido Village, Police Department in Newport Center, eight fire stations distributed throughout the community, Central Library in Newport Center and three branches, OASIS Senior Center in Corona del Mar, and community facilities available at various locations for residents for recreational and meeting use. Newport Beach is served by two public and one private high school, one public and one private middle school, and eight public and four private elementary schools. Hoag Hospital is a major medical center that serves the City and region and is supported by numerous medical offices and related facilities. Goal LU 6.1 A diversity of governmental service, institutional, educational, cultural, social, religious, and medical facilities that are available for and enhance the quality of life for residents and are located and designed to complement Newport Beach’s neighborhoods. Policies LAND USES LU 6.1.1 Adequate Community Supporting Uses Accommodate schools, government administrative and operational facilities, fire stations and police facilities, religious facilities, schools, cultural facilities, museums, interpretative centers, and hospitals to serve the needs of Newport Beach’s residents and businesses. (Imp 1.1, 2.1) LU 6.1.2 Siting of New Development Allow for the development of new public and institutional facilities within the City provided that the use and development facilities are compatible with adjoining land uses, environmentally suitable, and can be supported by transportation and utility infrastructure. (Imp 1.1, 14.2, 22.1–23.2) 169 Land Use Element Newport Beach General Plan 3-63 DESIGN AND DEVELOPMENT LU 6.1.3 Architecture and Planning that Complements Adjoining Uses Ensure that the City’s public buildings, sites, and infrastructure are designed to be compatible in scale, mass, character, and architecture with the district or neighborhood in which they are located, following the design and development policies for private uses specified by this Plan. Design impacts on adjoining uses shall be carefully considered in development, addressing such issues as lighting spillover, noise, hours of operation, parking, local traffic impacts, and privacy. (Imp 22.1–23.2) LU 6.1.4 Compatibility of Non-City Public Uses Encourage school and utility districts and other government agencies that may be exempt from City land use control and approval to plan their properties and design buildings at a high level of visual and architectural quality that maintains the character of the neighborhood or district in which they are located and in consideration of the design and development policies for private uses specified by this Plan. (Imp 14.1, 14.15) STRATEGY LU 6.1.5 Hoag Hospital Support Hoag Hospital in its mission to provide adequate facilities to meet the needs of area residents. Work with the Hospital to ensure that future development plans consider its relationship to and ensure compatibility with adjoining residential neighborhoods and mitigate impacts on local and regional transportation systems. (Imp 24.1) Residential Neighborhoods Newport Beach is a community of distinct residential communities formed by the natural landscape and the built environment. Many of the City’s older communities are located near the coast, and are characterized by small lots and the close grouping of structures. Newer residential communities, located east of the bay, have been built according to specific regulations to encourage their individual characters. Residential neighborhoods first began to develop on the Peninsula, West Newport, Balboa Island, and Lido Isle. These early neighborhoods following a traditional subdivision pattern of homes on streets designed in a linear grid and are generally pedestrian-oriented and include alleyways. Some of these older residential areas are within close proximity of commercial and visitors serving uses and are impacted by limited parking, noise, and traffic generated by commercial and visitor activities. When development spread further inland and proceeded north and east, the residential pattern changed, becoming less traditional, and more suburban in character with curvilinear streets and ranch style homes on larger lots. Examples of this type of development are the Westcliff community and Cliff Haven. As residential expanded across the bay and to the east, new styles such as attached town homes and gated communities were constructed. The Bluffs and Big Canyon communities illustrate this type of development. 170 Land Use Element Newport Beach General Plan 3-64 More recent residential development patterns have resulted in numerous distinct neighborhoods with a single builder constructing most or all of the homes. Many of the these communities were designed as master planned communities allowing for unique and specialized development standards, as opposed to the application of traditional, standardized zoning regulations. Examples include Bonita Canyon, Newport Ridge, and Newport Coast. There are approximately 125 homeowners associations in Newport Beach. These associations govern the maintenance of common areas and the administration of Covenants, Conditions, and Restrictions (CC&Rs). Many of these associations are active in the City’s decision-making process and may have unique development standards that are not enforced by the City. Newport Beach includes a variety of residential neighborhoods As the community has approached build-out, little vacant land remains. New development has focused on nontraditional sites such as infill and mixed-use development on smaller vacant and underutilized sites in or near commercial areas. Other residential development issues in the community include the replacement of original single- family homes, duplexes, and triplexes with larger homes. Many of these homes are built to the full limit of the City’s development regulations in neighborhoods where many houses are much smaller in scale. The policy framework for neighborhoods is geared toward strengthening and expanding the framework of healthy, cohesive, and identifiable neighborhoods throughout the City. 171 Land Use Element Newport Beach General Plan 3-65 Goal LU 6.2 Residential neighborhoods that contain a diversity of housing types and supporting uses to meet the needs of Newport Beach’s residents and are designed to sustain livability and a high quality of life. Policies LU 6.2.1 Residential Supply Accommodate a diversity of residential units that meets the needs of Newport Beach’s population and fair share of regional needs in accordance with the Land Use Plan’s designations, applicable density standards, design and development policies, and the adopted Housing Element. (Imp 1.1, 2.1, 25.1) LU 6.2.2 Allowing Rebuilding Legal nonconforming residential structures shall be brought into conformity in an equitable, reasonable, and timely manner as rebuilding occurs. Limited renovations that improve the physical quality and character of the buildings may be allowed. Rebuilding after catastrophic damage or destruction due to a natural event, an act of public enemy, or accident may be allowed in limited circumstances that do not conflict with the goals of the Land Use Element. (Imp 2.1, 7.1) LU 6.2.3 Residential Affordability Encourage the development of residential units that are affordable for those employed in the City. (Imp 25.1) LU 6.2.4 Accessory Units Permit conditionally the construction of one granny unit (accessory age-restricted units for one or two adult persons who are sixty years of age or older) per single- family residence within single-family districts, provided that such units meet set back, height, occupancy, and other applicable regulations set forth in the Municipal Code. (Imp 2.1) LU 6.2.5 Neighborhood Supporting Uses Allow for the integration of uses within residential neighborhoods that support and are complementary to their primary function as a living environment such as schools, parks, community meeting facilities, religious facilities, and comparable uses. These uses shall be designed to ensure compatibility with adjoining residential addressing such issues as noise, lighting, and parking. (Imp 2.1) LU 6.2.6 Home Occupations Allow for home occupations in Newport Beach’s residential neighborhoods provided that they do not adversely impact traffic, parking, noise, lighting, and other neighborhood qualities. (Imp 2.1) 172 Land Use Element Newport Beach General Plan 3-66 LU 6.2.7 Care Facilities Regulate Day Care and Residential Care facilities to the maximum extent allowed by federal and state law to minimize impacts on residential neighborhoods, and actively pursue federal and state legislation that would give cities the ability to prohibit an over-concentration of recovery homes or sober living homes in residential areas. (Imp 2.1) LU 6.2.8 Manufactured Housing Permit by right manufactured housing on individual lots in residential zones as per state law. Ensure compatibility with surrounding conventional dwelling uses by continuing to provide design standards for manufactured homes. (Imp 2.1) LU 6.2.9 Private Open Spaces and Recreational Facilities Require the open space and recreational facilities that are integrated into and owned by private residential development are permanently preserved as part of the development approval process and are prohibited from converting to residential or other types of land uses. (Imp 6.1, 13.1) LU 6.2.10 Gated Communities Discourage the creation of new private entry gates in existing residential neighborhoods that currently do not have a gate located at the entrance of the community. (Imp 9.1, 29.1) Districts Districts are uniquely identifiable by their common functional role, mix of uses, density/intensity, physical form and character, and/or environmental setting. Generally, they encompass large areas that often extend equally in length and breadth. They represent common gathering places for commerce, employment, entertainment, culture, and for living. While Newport Beach contains many districts, the General Plan policies in the following sections focus on those that are likely to change over the next 20 years as existing viable districts are enhanced, underperforming properties are revitalized, and opportunities are provided to accommodate the City’s fair share of regional housing needs, as shown on Figure LU16. Policies are directed to the management of these changes to ensure that they complement the characteristics that are valued by Newport Beach’s residents. Development in each district will adhere to policies for land use type and density/intensity (Policy LU 4.1, Table LU1) and community character (LU 5.0), except as amended in this section of the Plan. The goals and policies for each district are preceded by a description of its uses and characteristics in 2005 and public input from the General Plan Update Visioning Process and Public Workshops that was considered in their formulation. Banning Ranch Located within the City’s Sphere of Influence (SOI), the Banning Ranch area encompasses approximately 518 acres, of which 465 acres (includes 47 acres of water features) are under the jurisdiction of Orange County, and 53 acres within the jurisdiction of the City of Newport Beach. 173 Land Use Element Newport Beach General Plan 3-67 Banning Ranch is located in the western-most portion of the Newport Beach Planning Area, north of Coast Highway and the Newport Shores residential community, immediately east of the Santa Ana River, and west and south of residential and industrial uses. The eastern portion of the site is higher in elevation and contains the western edge of Newport Mesa that slopes gently from east to west. Bluffs form the western edge of the mesa, and are located in the central portion of the Banning Ranch area. The western portion of the site, which is lower in elevation, historically contained a tidal marsh associated with the Semeniuk Slough and Santa Ana River. Aerial view of the Banning Ranch area Currently, the Banning Ranch area is primarily undeveloped with some historic oil extraction infrastructure located in the central and southern portions of the site that includes wells, pipelines, buildings, improved and unimproved roads, and open storage pipes and machinery. Oil extraction activities date back at least 75 years. Although the Banning Ranch site contains an assemblage of diverse habitats that have been historically disturbed, when this area is considered with the contiguous Semeniuk Slough and restored wetlands, it provides wildlife with a significantly large, diverse area for foraging, shelter, and movement. Biological studies performed for Banning Ranch indicate that, while disturbance associated with oil activities diminishes the quality of existing habitat to some extent, overall, the area should be regarded as relatively high-quality wildlife habitat due to its size, habitat diversity, and continuity with the adjacent Semeniuk Slough and federally-restored wetlands. A preliminary field evaluation of Banning Ranch was conducted by a consultant as a general indicator of the presence of habitat and species that may be subject to regulatory review. Based on this analysis, the property is estimated to contain approximately 69 acres with a habitat value rank of “1,” which are primarily concentrated in the northwestern portion of the site. These areas are considered to have a high biological resource value, and are likely to require a resource permit from federal and/or state agencies prior to development. Other areas scattered throughout the site may also be of biological value but to a lesser extent. Areas with a rank of “2” (approximately 96 acres) may need a resource permit for development, where additional studies would be required to make this determination. More than likely, areas with a rank of “3” (approximately 118 acres) contain habitat and species that are not likely to require resource permitting for development. Resource permitting would likely result in the need for mitigation measures associated with development such as payment of mitigation fees, habitat restoration, or off-site habitat replacement. The actual acreage subject to environmental permitting will be determined in subsequent studies to be conducted in accordance with state and federal regulations. 174 Land Use Element Newport Beach General Plan 3-68 Figure LU16 Planning Sub-Areas Pg 1—8.5x11 color 175 Land Use Element Newport Beach General Plan 3-69 Pg 2—8.5x11 color 176 Land Use Element Newport Beach General Plan 3-70 Rank Acres 1 69 2 96 3 118 Total 283 Additionally, Banning Ranch exhibits distinctive topography that is a physical and visual resource for the community. The property is divided into lowland and highland mesa areas. Bluff faces traverse the property generally in a north-south direction, separating these and forming an important visual backdrop from West Coast Highway. Drainage from upland areas in and adjoining the City of Costa Mesa formed a number of arroyos with riparian habitats. The bluff face geology is highly erodible and has experienced sliding over the years. Figure LU17 illustrates these constraints. During the visioning process, residents were divided in opinion regarding the future of Banning Ranch. Many residents preferred preserving Banning Ranch as open space at the beginning of the public process. However, many participants in the process later indicated their willingness to support some development of the property if it would generate revenue to help fund preservation of the majority of the property as open space. Policy Overview The General Plan prioritizes the acquisition of Banning Ranch as an open space amenity for the community and region. Oil operations would be consolidated, wetlands restored, nature education and interpretative facilities provided, and an active park developed containing playfields and other facilities to serve residents of adjoining neighborhoods. Should the property not be fully acquired as open space, the Plan provides for the development of a concentrated mixed-use residential village that retains the majority of the property as open space. This would contain a mix of housing types clustered around a “village center” of local-serving commercial uses, small boutique hotel, active park, and possibly a school. Buildings would be located and designed and an interconnected street system provided to enhance pedestrian activity and reduce vehicular trips. Development would be concentrated to preserve the majority of the property as open space, while oil operations would be clustered and wetlands restored. An internal trail system would be developed to link uses within its neighborhoods and districts and provide access to adjoining neighborhoods. While the Plan indicates the maximum intensity of development that would be allowed on the property, this will ultimately by determined through permitting processes that are required to satisfy state and federal environmental regulatory requirements. Goal LU 6.3 Preferably a protected open space amenity, with restored wetlands and habitat areas, as well as active community parklands to serve adjoining neighborhoods. 177 Land Use Element Newport Beach General Plan 3-71 Policies LAND USES (designated as “OS[RV]”) LU 6.3.1 Primary Use Open space, including significant active community parklands that serve adjoining residential neighborhoods if the site is acquired through public funding. (Imp 2.1, 23.1, 23.5, 30.2) STRATEGY LU 6.3.2 Acquisition for Open Space Support active pursuit of the acquisition of Banning Ranch as permanent open space, which may be accomplished through the issuance of state bonds, environmental mitigation fees, private fundraising, developer dedication, and similar techniques. (Imp 9.1, 14.7, 14.11, 30.2) Goal LU 6.4 If acquisition for open space is not successful, a high-quality residential community with supporting uses that provides revenue to restore and protect wetlands and important habitats. Policies LAND USES LU 6.4.1 Alternative Use If not acquired for open space within a time period and pursuant to terms agreed to by the City and property owner, the site may be developed as a residential village containing a mix of housing types, limited supporting retail, visitor accommodations, school, and active community parklands, with a majority of the property preserved as open space. The property owner may pursue entitlement and permits for a residential village during the time allowed for acquisition as open space. (Imp 2.1) 178 Land Use Element Newport Beach General Plan 3-72 Figure LU17 Banning Ranch Development Constraints Pg 1—8.5x11 color 179 Land Use Element Newport Beach General Plan 3-73 Pg 2—8.5x11 color 180 Land Use Element Newport Beach General Plan 3-74 DEVELOPMENT DENSITY/INTENSITY AND CAPACITY Note: These represent general development capacity estimates, with the property’s ultimate development footprint and capacity determined through required federal and state regulatory environmental permitting processes and a planned community development plan approved by the City of Newport Beach. LU 6.4.2 Residential Accommodate a maximum of 1,375 residential units, which shall consist of a mix of single-family detached, attached, and multi-family units to provide a range of choices and prices for residents. (Imp 2.1) LU 6.4.3 Retail Commercial Accommodate a maximum of 75,000 square feet of retail commercial uses that shall be oriented to serve the needs of local and nearby residents. (Imp 2.1) LU 6.4.4 Overnight Accommodations Accommodate a maximum of 75 rooms in a small boutique hotel, “bed and breakfast,” or other overnight accommodations. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.4.5 Planned Residential Village Require that Banning Ranch, if not retained as open space, be developed as a cohesive urban form that provides the sense of a complete and identifiable neighborhood. Establish a development pattern that ties together individual uses into a cohesive neighborhood addressing the location and massing of buildings, architecture, landscape, connective street grid and pedestrian walkways and trails, use of key landforms, and similar elements. (Imp 3.1, 4.1) LU 6.4.6 Approaches for a Livable Neighborhood Site and design development to enhance neighborhood quality of life by: Establishing a pattern of blocks that promotes access and neighborhood identity Designing streets to slow traffic, while maintaining acceptable fire protection and traffic flows Integrating a diversity of residential types within a neighborhood, while ensuring compatibility among different residential types Orienting and designing the residential units to relate to the street frontage Locating and designing garages to minimize their visual dominance from the street Incorporating sidewalks and parkways to foster pedestrian activity Promoting architectural diversity (Imp 3.1, 4.1) LU 6.4.7 Neighborhood Structure and Form Establish a “village center” containing local serving commercial, community parks, community meeting facilities, hotel, and/or other amenities as the focal 181 Land Use Element Newport Beach General Plan 3-75 point. Buildings in the village center shall be designed to enhance pedestrian activity (e.g., visual transparency and façade modulation and articulation), integrating plazas and open spaces for public events. (Imp 3.1, 4.1) LU 6.4.8 Open Space Network and Parklands Establish a framework of trails, community parklands, and natural habitats that provide the framework around which the residential village’s uses are developed and interconnect residential districts, the village center, other uses, and open spaces. (Imp 3.1, 4.1) LU 6.4.9 Circulation Facilitate development of an arterial highway linking Coast Highway with Newport Boulevard to relieve congestion at Superior Avenue, if the property is developed. (Imp 3.1, 4.1, 16.1) LU 6.4.10 Sustainable Development Practices Require that any development of Banning Ranch achieve high levels of environmental sustainability that reduce pollution and consumption of energy, water, and natural resources to be accomplished through land use patterns and densities, site planning, building location and design, transportation and utility infrastructure design, and other techniques. Among the strategies that should be considered are the concentration of development, reduction of vehicle trips, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re-use of storm water on-site, water conserving fixtures and landscapes, architectural elements that reduce heat gain and loss, and preservation of wetlands and other habitats. (Imp 3.1, 4.1, 7.1, 16.8, 17.1, 19.1) STRATEGY LU 6.4.11 Comprehensive Site Planning and Design Require the preparation of a master development or specific plan for any development on the Banning Ranch specifying lands to be developed, preserved, and restored, land uses to be permitted, parcelization, roadway and infrastructure improvements, landscape and streetscape improvements, development regulations, architectural design and landscape guidelines, exterior lighting guidelines, processes for oil operations consolidation, habitat preservation and restoration plan, sustainability practices plan, financial implementation, and other appropriate elements. (Imp 3.1, 4.1) Policies Pertaining to Both Land Use Options (Goals 6.3 and 6.4) PERMITTED USES LU 6.5.1 Oil Operations Relocate and cluster oil operations. (Imp 3.1, 4.1) 182 Land Use Element Newport Beach General Plan 3-76 LU 6.5.2 Active Community Park Accommodate a community park of 20 to 30 acres that contains active playfields that may be lighted and is of sufficient acreage to serve adjoining neighborhoods and residents of Banning Ranch, if developed. (Imp 3.1, 4.1) LU 6.5.3 Habitat and Wetlands Restore and enhance wetlands and wildlife habitats, in accordance with the requirements of state and federal agencies. (Imp 3.1, 4.1, 14.7, 14.11) DESIGN AND DEVELOPMENT LU 6.5.4 Relationship of Development to Environmental Resources Development should be located and designed to preserve and/or mitigate for the loss of wetlands and drainage course habitat. It shall be located to be contiguous and compatible with existing and planned development along its eastern property line, preserving the connectivity of wildlife corridors, and set back from the bluff faces, along which shall be located a linear park to provide public views of the ocean, wetlands, and surrounding open spaces. Exterior lighting shall be located and designed to minimize light trespass from developed areas onto the bluffs, riparian habitat, arroyos, and lowland habitat areas. (Imp 3.1, 4.1) LU 6.5.5 Public Views of the Property Development shall be located and designed to prevent residences on the property from dominating public views of the bluff faces from Coast Highway, the ocean, wetlands, and surrounding open spaces. Landscape shall be incorporated to soften views of the site visible from publicly owned areas and public view points. (Imp 3.1, 4.1) STRATEGY LU 6.5.6 Coordination with State and Federal Agencies Work with appropriate state and federal agencies to identify wetlands and habitats to be preserved and/or restored and those on which development will be permitted. (Imp 14.7, 14.11) West Newport Mesa The West Newport Mesa area contains a mix of residential, office, retail, industrial, and public uses. It is immediately abutted by Hoag Hospital, the City of Costa Mesa to the north, and Banning Ranch to the west. Development in the area dates back to the mid-twentieth century. Hoag Hospital is a major activity center that continues to affect development in the area. It generates a strong market for the development of uses that support the hospital’s medical activities such as doctors’ offices, convalescent and care facilities, medical supply, pharmacy, and similar uses. Retail commercial uses serve medical purposes, as well as nearby residents. Northern portions of the area are largely developed with light manufacturing, research and development, and business park uses. In many respects, these transition with comparable patterns of 183 Land Use Element Newport Beach General Plan 3-77 development in the Westside Costa Mesa area to the north. A number of Newport Beach’s marine- related businesses have relocated to the area over recent decades as coastal land values have escalated. Most of the properties are developed for single business tenants and have little landscape or architectural treatment, typical of older industrial districts of Southern California. Office and commercial buildings in West Newport Mesa The majority of properties between the industrial uses and medical center are developed with multi- family uses, including a few mobile home parks. The latter represent a resource of affordable housing in the City. These are interspersed with a school and other civic uses. The area’s considerable mix of uses is not always complementary, nor at its edges where it abuts residential neighborhoods and other uses. Visioning process participants indicated that the West Newport Mesa area would benefit from revitalization. The development of additional medical offices and other facilities supporting Hoag Hospital and additional residential units were widely endorsed. Participants were divided in their support for the retention of industrial uses. 184 Land Use Element Newport Beach General Plan 3-78 Policy Overview The General Plan provides for a mix of land uses for West Newport Mesa that include office, research, convalescent care, and retail facilities supporting Hoag Hospital, a consolidated light industrial district where non-water-dependent marine-related businesses would be encouraged to locate, enhanced housing opportunities, and supporting retail commercial services. While distinct sub-districts are defined by the Land Use Plan, the assembly and planning of multiple parcels across these districts to create a unified center that is linked by pedestrian walkways, parklands, and other amenities is encouraged. Goal LU 6.6 A medical district with peripheral medical services and research facilities that support the Hoag Hospital campus within a well-planned residential neighborhood, enabling residents to live close to their jobs and reducing commutes to outlying areas. Policies LAND USES (refer to Figure LU18) LU 6.6.1 Hospital Supporting Uses Integrated with Residential Neighborhoods Prioritize the accommodation of medical-related and supporting facilities on properties abutting the Hoag Hospital complex [areas designated as “CO-M (0.5)” (Figure LU18, Sub-Area A)] with opportunities for new residential units [areas designated as “ RM(18/ac)”] and supporting general and neighborhood-serving retail services [“CG(0.75)” and “CN(0.3)”] respectively. (Imp 2.1) LU 6.6.2 Residential Types Promote the development of a mix of residential types and building scales within the densities permitted by the “RM” (Figure LU18, Sub-Area C) designation, which may include single-family attached, townhomes, apartments, flats, and comparable units. Residential densities may be increased on a property as a means of promoting a variety of housing types within Newport Mesa, provided that the overall average density of 18 units per acre is not exceeded. (Imp 2.1) STRATEGY LU 6.6.3 Cohesive and Integrated Medical Campus Development Work with property owners and encourage the development of a master plan for streetscape, pedestrian, signage, and other improvements that contribute to a definable district. Land use boundaries delineated on the Land Use Diagram may be modified by a specific plan to achieve cohesive districts that integrate a variety of land uses. (Imp 3.1, 4.1) 185 Land Use Element Newport Beach General Plan 3-79 LU 6.6.4 Livable Residential Neighborhood Work with property owners and encourage the preparation of a master plan for the residential neighborhood defining park and streetscape improvements that provide amenity for local residents and enhance the area’s identity. (Imp 3.1, 4.1) Goal LU 6.7 A general industrial district that transitions between the Hoag Hospital medical and residential community and industrial uses in the City of Costa Mesa, providing opportunities for needed uses that cannot be accommodated elsewhere in Newport Beach. Policies LAND USES [designated as “IG(0.75),” refer to Figure LU18, Sub-Area B] LU 6.7.1 Primary Uses Encourage the development of small-scale incubator industries. (Imp 2.1, 24.1) LU 6.7.2 Marine Based Businesses Encourage and provide incentives for the relocation of marine-based Newport Beach businesses, including boat storage and recreational vehicles, to properties retained for industrial purposes. (Imp 2.1, 24.1) Balboa Peninsula The Balboa Peninsula comprises a series of districts linked by the Newport Boulevard/Balboa Boulevard commercial and residential corridor. These include Lido Village, Cannery Village, McFadden Square, Balboa Village, and surrounding residential neighborhoods. 186 Land Use Element Newport Beach General Plan 3-80 Figure LU18 West Newport Mesa Pg 1—8.5x11 color 187 Land Use Element Newport Beach General Plan 3-81 Pg 2—8.5x11 color 188 Land Use Element Newport Beach General Plan 3-82 Lido Village Lido Village is primarily developed with commercial uses including grocery stores, restaurants, salons, home furnishings, apparel, and other specialty shops. It also includes Lido Marina Village, a pedestrian- oriented waterfront development that includes visitor-serving commercial uses, specialty stores, and marine uses. Lido Village’s southern edge contains specialty retail and restaurants, the Civic Center, and churches. Lido Marina Village has experienced a high number of building vacancies and many retail stores are underperforming. Parking is limited. Multiple property ownerships have traditionally inhibited cohesive and integrated development. Lido Village has a unique location at the turning basin in Newport Harbor. The channel is wider than in other locations, providing an opportunity for waterfront commercial uses that will not negatively impact residential uses across the channel. Movie theater in Lido Village Pedestrian-oriented retail use in Lido Village Cannery Village Cannery Village is the historic center of the City’s commercial fishing and boating industry and contains a mix of small shops, art galleries, professional offices, and service establishments. Marine-related commercial (boat sales) and marine-related industrial uses (boat repair) are also found in the area. Redevelopment of properties for residential, loft, and mixed residential and commercial uses, including live/work facilities, appears to be an emerging trend. Older developments include some single-family residential units combined with commercial uses on single lots. Although the residential component of mixed-use projects has performed well, there has been less success in attracting the commercial uses envisioned for the area particularly on the waterfront. 189 Land Use Element Newport Beach General Plan 3-83 Cannery Village A Specific Plan has been developed, but multiple property ownerships have hindered cohesive and integrated development. McFadden Square McFadden Square surrounds the Newport Pier and extends between the ocean front and harbor. It was the center of the City’s early shipping industry. Located adjacent to Newport Pier is the Dory Fishing Fleet. The fleet and open-air fish market have operated at this location since the fleet’s founding in 1891 by Portuguese fishermen. The last remaining fleet of its type, it is a designated historical landmark. Commercial land uses are largely concentrated in the strips along Balboa and Newport Boulevards, with residential along the ocean front and marine-related uses fronting the harbor. Numerous visitor-serving uses include restaurants, beach hotels, tourist-oriented shops (t-shirt shops, bike rentals, and surf shops), as well as service operations and facilities that serve the Peninsula. There are several bars in the area with some featuring live music, especially along the ocean front. Historically, the area has been known for its marine-related industries such as shipbuilding and repair facilities and boat storage on the harbor, some of which have been in continuous operation for over fifty years. Public parking is available in three lots, which primarily serve the beach users, tourists, and the restaurant patrons. Retail use in McFadden Square Residential in McFadden Square Much of the McFadden Square area is pedestrian-oriented, with storefronts facing the street, the presence of signage at a pedestrian scale, and outdoor furniture, providing a pleasant environment for 190 Land Use Element Newport Beach General Plan 3-84 visitors. However, certain areas present difficulty for pedestrian street crossing. Specifically the intersection of Newport and Balboa Boulevards, known as the “Mixmaster,” is one such crossing, as the roadway configuration at this location allows traffic flow from different directions and the street is wide. Balboa Village Balboa Village is the historic center for recreational and social activities on the Peninsula. It has had a strong marine heritage, and has attracted fishermen, recreational boaters, summer residents, and beachgoers. Many of the retail uses are visitor-oriented and seasonal in nature, including a “fun zone” along Edgewater Place that contains entertainment uses. Marine-related commercial uses, including ferries to Balboa and Catalina Islands and harbor tours, are present in the area. In general, Balboa Village is pedestrian-oriented with articulated building façades and signage that is pedestrian scale. The Balboa Village core is surrounded by residences, with isolated pockets of commercial uses scattered along Balboa Boulevard. Peninsula Park also serves the area. Balboa Village and the greater Peninsula have experienced a transition to year-round residential occupancy while the visitor uses have continued. Cumulatively, there is more commercial space than can be supported by local residents, and marginal commercial space is used by businesses that are seasonal and do not thrive throughout the year. Visitor-serving retail in Balboa Village Housing in Balboa Village A specific plan has guided development in Balboa Village (“Central Balboa”) since 1997. The Plan’s vision consisted of aesthetic improvements such as landscaping, pedestrian amenities, and design standards. It addressed property maintenance standards, parking district implementation, and circulation improvements. Additionally, it sought to establish a “family marine recreation theme,” upgrade the Fun Zone, and improve the quality and mix of commercial tenants. The City has implemented some of this vision with a number of public improvements within the last few years, which include the addition of street furniture, lighting, landscaping, widened sidewalks, and decorative paving. Participants in the Visioning process indicated that Lido Village, Cannery Village, McFadden Square, and Balboa Village need continuing revitalization, and the City could be proactive in creating a vision for reinforcement of Lido Village and McFadden Square as primary activity nodes, with the interior of Cannery Village allocated for residential or mixed-use development. The integration of uses in these areas and the harbor and bay was emphasized. While overnight lodging was not supported in the 191 Land Use Element Newport Beach General Plan 3-85 Visioning process survey and public meetings, in the opinion of the General Plan Advisory Committee smaller bed and breakfast and boutique hotels could be designed and scaled to complement the pedestrian-oriented village character of Lido Village, McFadden Square, and Balboa Village, as well as help the City’s fiscal balance through the revenue that would be contributed. The public also supported the concentration of commercial uses in the core of Balboa Village, with the re-use of outlying commercial properties for housing and priority for water-oriented and visitor-serving commercial uses. Additionally, Balboa Village was identified as a suitable location for mixed-use development. Policy Overview The General Plan provides for the enhancement of Lido Village, Cannery Village, McFadden Square, and Balboa Village as distinct pedestrian-oriented centers of Balboa Peninsula that would be interconnected through improved streetscapes along Newport/Balboa Boulevard, a waterfront promenade on Newport Harbor, and cross-access between the Harbor and beachfront. Lido Village, McFadden Square, and Balboa Village would contain a mix of visitor-serving, retail, small overnight accommodation facilities, and housing. In Cannery Village, commercial or mixed-use buildings would be developed at street intersections with intervening parcels developed for mixed-use or free- standing housing. Throughout the Peninsula, priority is established for the retention of marine- related uses. Areawide Goal LU 6.8 A series of commercial, visitor-serving, marine-related, civic, and residential neighborhoods that are vibrant throughout the year, differentiated by their historic and functional characteristics and architectural style, yet integrated by streetscape amenities. Policies LU 6.8.1 Urban Form Establish development patterns that promote the reinforcement of Balboa Peninsula’s pedestrian scale and urban form as a series of distinct centers/ nodes and connecting corridors. (Imp 1.1) LU 6.8.2 Component Districts Lido Village and McFadden Square should be emphasized as the primary activity centers of the northern portion of the Peninsula, linked by corridors of retail and visitor-serving uses along Newport Boulevard and a mix of marine-related and residential uses on the Bay frontage. These surround a residential core in the inland section of Cannery Village. Balboa Village will continue to serve as the primary center of the lower Peninsula, surrounded by residential neighborhoods along and flanking Balboa Boulevard. (Imp 1.1) 192 Land Use Element Newport Beach General Plan 3-86 LU 6.8.3 Marine-Related Businesses Protect and encourage marine-related businesses to locate and expand on the Peninsula unless present and foreseeable future demand for such facilities is already adequately provided for in the area. (Imp 2.1, 24.1) LU 6.8.4 Shared Parking Facilities Encourage the development of shared parking facilities and management programs among private property owners that provides for adequate parking for residents, guests, and business patrons. (Imp 16.10) LU 6.8.5 Quality of Place/Streetscapes Develop a plan and work with property owners and businesses to fund and implement streetscape improvements that improve Balboa Peninsula’s visual quality, image, and pedestrian character. This should include well-defined linkages among individual districts, between the ocean and Bay, and along the Bay frontage, as well as streetscape and entry improvements that differentiate the character of individual districts. (Imp 20.1) Illustrates streetscape amenities including wide sidewalks, trees providing shade for pedestrians, benches and outdoor seating, and pedestrian-scaled signage and lighting. LU 6.8.6 Historic Character Preserve the historic character of Balboa Peninsula’s districts by offering incentives for the preservation of historic buildings and requiring new development to be compatible with the scale, mass, and materials of existing structures, while allowing opportunities for architectural diversity. (Imp 2.1) LU 6.8.7 Property Improvement Provide incentives for and work with property owners to improve their properties and achieve the community’s vision for the Balboa Peninsula. (Imp 24.1, 29.1) 193 Land Use Element Newport Beach General Plan 3-87 Lido Village [designated as “MU-W2,” “CM(0.3),” “RM(20/ac),” and “PI(0.75),” refer to Figure LU19] Goal LU 6.9 A pedestrian-oriented village environment that reflects its waterfront location, providing a mix of uses that serves visitors and local residents. Policies LAND USES LU 6.9.1 Priority Uses Encourage uses that take advantage of Lido Village’s location at the Harbor’s turning basin and its vitality and pedestrian character, including visitor-serving and retail commercial, small lodging facilities (bed and breakfasts, inns), and mixed-use buildings that integrate residential with retail uses [areas designated as “MU-W2”, Subarea “A”]. A portion of the Harbor frontage and interior parcels (Subarea “B”) may also contain multi-family residential [designated as “RM(20/ac)”], and the parcel adjoining the Lido Isle Bridge, a recreational and marine commercial use [designated as “CM(0.3)”]. (Imp 2.1, 24.1) LU 6.9.2 Discouraged Uses Discourage the development of new office uses on the ground floor of buildings that do not attract customer activity to improve the area’s pedestrian character. (Imp 2.1) Cannery Village Interior Parcels [designated as “MU-H4,” Figure LU19, Sub-Area C] Goal LU 6.10 A pedestrian-oriented residential neighborhood that provides opportunities for live/work facilities and supporting retail uses. 194 Land Use Element Newport Beach General Plan 3-88 Figure LU19 Balboa Peninsula Lido Village/Cannery Village/McFadden Square Pg 1—8.5x11 color 195 Land Use Element Newport Beach General Plan 3-89 Pg 2—8.5x11 color 196 Land Use Element Newport Beach General Plan 3-90 Policies LAND USES LU 6.10.1 Priority Uses Allow multi-family residential and mixed-use buildings that integrate residential above retail or live-work units throughout Cannery Village. Require mixed-use, live-work, or commercial buildings to be developed on corner parcels. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.10.2 Residential Character and Architecture Require that residential buildings be designed to contribute to an overall neighborhood character, locating buildings along the street frontage to form a continuous or semi-continuous building wall. (Imp 2.1) LU 6.10.3 Specific Plan Guidelines Utilize design and development guidelines for Cannery Village identified in the Cannery Village/McFadden Square Specific Plan. (Imp 3.1) Bayfront Parcels [designated as “MU-W2,” Figure LU19, Sub-Area E] Goal LU 6.11 A water-oriented district that contains uses that support and benefit from its location fronting onto the bay, as well as provides new opportunities for residential. Policies LAND USES LU 6.11.1 Priority Uses Accommodate water-oriented commercial uses that support harbor recreation and fishing activities, and mixed-use structures with residential above ground- level water-oriented uses. (Imp 2.1, 8.1, 21.2) McFadden Square, West and East of Newport Boulevard [designated as “MU-W2,” Figure LU19, Sub-Area E] Goal LU 6.12 A pedestrian-oriented village that reflects its location on the ocean, pier, and bay front, serving visitors and local residents. 197 Land Use Element Newport Beach General Plan 3-91 Policies LAND USES LU 6.12.1 Priority Uses Accommodate visitor- and local-serving uses that take advantage of McFadden Square’s waterfront setting including specialty retail, restaurants, and small scale overnight accommodations, as well as mixed-use buildings that integrate residential with ground level retail. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.12.2 Specific Plan Guidelines Utilize design and development guidelines for McFadden Square identified in the Cannery Village/McFadden Square Specific Plan. (Imp 2.1) Balboa Village Goal LU 6.13 An economically viable pedestrian-oriented village that serves local residents and visitors and provides residential in proximity to retail uses, entertainment, and recreation. Policies PRIORITY USES (refer to Figure LU20) LU 6.13.1 Village Core [designated as “MU-V” Sub-Area “B”] Encourage local- and visitor-serving retail commercial and mixed-use buildings that integrate residential with ground-level retail or office uses on properties. (Imp 2.1) 198 Land Use Element Newport Beach General Plan 3-92 Figure LU20 Balboa Village Pg 1—8.5x11 color 199 Land Use Element Newport Beach General Plan 3-93 Pg 2—8.5x11 color 200 Land Use Element Newport Beach General Plan 3-94 LU 6.13.2 Bay Frontage [designated as “CV(0.75)” Sub-Area A] Prioritize water-dependent, marine-related retail and services and visitor-serving retail. (Imp 2.1, 24.1) LU 6.13.3 Commercial Properties out of Village Core [designated as “RT” Sub- Area C] Promote re-use of isolated commercial properties on Balboa Boulevard for residential units. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.13.4 Streetscapes Promote the completion of enhancements to Balboa Village’s streetscapes to enhance the area’s visual quality and character as a pedestrian-oriented environment. (Imp 20.1) STRATEGY LU 6.13.5 Rebuilding of Nonconforming Structures Permit existing commercial buildings that exceed the permitted development intensities to be renovated, upgraded, or reconstructed to their pre-existing intensity and, at a minimum, pre-existing number of parking spaces. (Imp 2.1) LU 6.13.6 Enhancing Balboa Village’s Viability and Character Provide incentives for owners to improve their properties, to develop retail uses that serve adjoining residential neighborhoods, and retain and develop marine- related uses along the harbor frontage. (Imp 24.1) Newport Center/Fashion Island Newport Center/Fashion Island is a regional center of business and commerce that includes major retail, professional office, entertainment, recreation, and residential in a master planned mixed-use development. Fashion Island, a regional shopping center, forms the nucleus of Newport Center, and is framed by this mixture of office, entertainment, and residential. Newport Center Drive, a ring road that surrounds Fashion Island, connects to a number of interior roadways that provide access to the various sites within the Center and to the four major arterials that service this development. High-rise office and hotel buildings to the north of the Center form a visual background for lower rise buildings and uses to the south and west. Interspersed in the Newport Center area are two hotels, public and semi-public uses including the Newport Beach Police and Fire Departments and Orange County Museum of Art, and entertainment uses (along the perimeter of Newport Center Drive). It is also the location of a transportation center, located at San Joaquin Hills Road and MacArthur Boulevard. Multi-family residential is located east of the Police Department. Lands adjacent to Coast Highway and Jamboree Road are developed for the Newport Beach Country Club and Balboa Bay Tennis Club, with adjoining single-family attached residential uses. 201 Land Use Element Newport Beach General Plan 3-95 Newport Center commercial, office, hotel, and residential While master planned, the principal districts of Newport Center/Fashion Island are separated from one another by the primary arterial corridors. Fashion Island is developed around an internal pedestrian network and surrounded by parking lots, providing little or no connectivity to adjoining office, entertainment, or residential areas. The latter also contain internal pedestrian circulation networks surrounded by parking and are disconnected from adjoining districts. Early in the Visioning process a majority of residents and businesses supported little or no change to Newport Center, except for new hotels. However, some supported growth for existing companies, expansion of existing stores, and moderate increases for new businesses. Some participants favored mixed-use development and stressed the need for more affordable housing in particular. During development of the General Plan, public input reflected moderate to strong support for the expansion of retail and entertainment uses in Fashion Island, including the development of another retail anchor. Policy Overview The General Plan provides for additional retail opportunities at Fashion Island and hotel rooms and housing units in Newport Center. Office development would be limited to the expansion of existing rather than new buildings. Emphasis is placed on the improvement of the area’s pedestrian character, by improving connectivity among the “superblocks,” installing streetscape amenities, and concentrating buildings along Newport Center Drive and pedestrian walkways and public spaces. 202 Land Use Element Newport Beach General Plan 3-96 Goal LU 6.14 A successful mixed-use district that integrates economic and commercial centers serving the needs of Newport Beach residents and the subregion, with expanded opportunities for residents to live close to jobs, commerce, entertainment, and recreation, and is supported by a pedestrian-friendly environment. Policies LAND USES [refer to Figure LU21] LU 6.14.1 Fashion Island [“CR” designation] Provide the opportunity for an additional anchor tenant, other retail, and/or entertainment and supporting uses that complement, are integrated with, and enhance the economic vitality of existing development. A maximum of 213,257 square feet of retail development capacity specified by Table LU2 (Anomaly Locations) may be reallocated for other permitted uses in Newport Center, provided that the peak hour vehicle trips generated do not exceed those attributable to the underlying retail entitlement. The Planning Director shall revise this number upon approval of the transfer or conversion of the retail development capacity with approval by the City Council. (Imp 2.1) LU 6.14.2 Newport Center [“MU-H3,” “CO-R,” “CO-M,” and “RM” designations] Provide the opportunity for limited residential, hotel, and office development in accordance with the limits specified by Tables LU1 and LU2. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.14.3 Transfers of Development Rights Development rights may be transferred within Newport Center, subject to the approval of the City with the finding that the transfer is consistent with the intent of the General Plan and that the transfer will not result in any adverse traffic impacts. (Imp 2.1) LU 6.14.4 Development Scale Reinforce the original design concept for Newport Center by concentrating the greatest building mass and height in the northeasterly section along San Joaquin Hills Road, where the natural topography is highest and progressively scaling down building mass and height to follow the lower elevations toward the southwesterly edge along East Coast Highway. (Imp 2.1, 3.1, 4.1) LU 6.14.5 Urban Form Encourage that some new development be located and designed to orient to the inner side of Newport Center Drive, establishing physical and visual continuity that diminishes the dominance of surface parking lots and encourages pedestrian activity. (Imp 2.1, 3.1, 4.1) 203 Land Use Element Newport Beach General Plan 3-97 LU 6.14.6 Pedestrian Connectivity and Amenity Encourage that pedestrian access and connections among uses within the district be improved with additional walkways and streetscape amenities concurrent with the development of expanded and new uses. (Imp 3.1, 4.1) LU 6.14.7 Fashion Island Architecture and Streetscapes Encourage that new development in Fashion Island complement and be of equivalent or higher design quality than existing buildings. Reinforce the existing promenades by encouraging retail expansion that enhances the storefront visibility to the promenades and provides an enjoyable retail and pedestrian experience. Additionally, new buildings shall be located on axes connecting Newport Center Drive with existing buildings to provide visual and physical connectivity with adjoining uses, where practical. (Imp 3.1, 4.1) STRATEGY LU 6.14.8 Development Agreements Require the execution of Development Agreements for residential and mixed-use development projects that use the residential 450 units identified in Table LU2 (Anomaly Locations). Development Agreements shall define the improvements and benefits to be contributed by the developer in exchange for the City’s commitment for the number, density, and location of the housing units. (Imp 13.1) LU 6.14.9 Fashion Island Parking Structures Require new parking structures in Fashion Island to be located and designed in a manner that is compatible with the existing pedestrian scale and open feeling of Newport Center Drive. The design of new parking structures in Fashion Island shall incorporate elements (including landscaping) to soften their visual impact. (Imp 8.2) 204 Land Use Element Newport Beach General Plan 3-98 Figure LU21 Newport Center/Fashion Island Pg 1—8.5x11 color 205 Land Use Element Newport Beach General Plan 3-99 Pg 2—8.5x11 color 206 Land Use Element Newport Beach General Plan 3-100 Airport Area The Airport Area encompasses the properties abutting and east of (JWA) and is in close proximity to the Irvine Business Complex and University of California, Irvine (UCI). This proximity has influenced the area’s development with uses that support JWA and UCI, such as research and development, high technology industrial and visitor-serving uses, such as hotel and car rental agencies. A mix of low-, medium-, and high-rise office buildings predominate, with lesser coverage of supporting multi-tenant commercial, financial, and service uses. A number of buildings are occupied by corporate offices for industry and financial uses. Koll Center, at MacArthur Boulevard and Jamboree Road, was developed as a master planned campus office park. Manufacturing uses occupy a small percentage of the Airport Area. Three large hotels have been developed to take advantage of their proximity to JWA, local businesses, and those in the nearby Irvine Business Complex. The area immediately abutting JWA, referred to as the “Campus Tract,” contain a diverse mix of low intensity industrial, office, and airport-related uses, including a number of auto-related commercial uses including carwash, auto-detailing, rental, repair, and parts shops. In comparison to properties to the east, this area is underutilized and less attractive. Office in Airport Area Hotel in Airport Area Development in the Airport Area is restricted due to the noise impacts of JWA. Much of the southwestern portion of the area is located in the 65 dBA CNEL, which is unsuitable for residential and other “noise-sensitive” uses. Additionally, building heights are restricted for aviation safety. Recent development activity in the City of Irvine’s Business Complex to the north has included the transfer of development rights, bringing more intense development closer to the Airport Area and resulting in the conversion of office to residential entitlement. This activity is changing the area to a mixed-use center. Through the Visioning process and preparation of the General Plan, the public preferred revitalization of the Airport Area with income-generating land uses. Generally, a range of development types were acceptable as long as traffic is not adversely affected. However, a majority believed that the Airport Area is urban in character, different than other City neighborhoods. Additional density and traffic congestion were considered more acceptable here than other parts of the City. There was strong support for new hotels and broad consensus on mixed-use development with residential and revenue- generating uses. 207 Land Use Element Newport Beach General Plan 3-101 Policy Overview The General Plan provides for the development of office, industrial, retail, and airport-related businesses in the Airport Area, as well as the opportunity for housing and supporting services. The latter would be developed as clusters of residential villages centering on neighborhood parks and interconnected by pedestrian walkways. These would contain a mix of housing types and buildings that integrate housing with ground-level convenience retail uses and would be developed at a sufficient scale to achieve a “complete” neighborhood. Housing and mixed-use buildings would be restricted from areas exposed to noise levels of 65 dBA CNEL and higher. Over time, commercial and industrial properties located in the Campus Tract would be revitalized including street frontage landscape and other improvements. Goal LU 6.15 A mixed-use community that provides jobs, residential, and supporting services in close proximity, with pedestrian-oriented amenities that facilitate walking and enhance livability. Policies URBAN FORM AND STRUCTURE [refer to Figure LU22] LU 6.15.1 Land Use Districts and Neighborhoods Provide for the development of distinct business park, commercial, and airport- serving districts and residential neighborhoods that are integrated to ensure a quality environment and compatible land uses. (Imp 1.1, 2.1) LU 6.15.2 Underperforming Land Uses Promote the redevelopment of sites with underperforming retail uses located on parcels at the interior of large blocks for other uses, with retail clustered along major arterials (e.g., Bristol, Campus, MacArthur, and Jamboree), except where intended to serve and be integrated with new residential development. (Imp 2.1, 24.1) LU 6.15.3 Airport Compatibility Require that all development be constructed in conformance with the height restrictions set forth by Federal Aviation Administration (FAA), Federal Aviation Regulations (FAR) Part 77, and Caltrans Division of Aeronautics, and that residential development be located outside of the 65 dBA CNEL noise contour specified by the 1985 JWA Master Plan. (Imp 2.1, 3.1, 4.1, 14.3) 208 Land Use Element Newport Beach General Plan 3-102 Figure LU22 Airport Area Pg 1—8.5x11 color 209 Land Use Element Newport Beach General Plan 3-103 Pg 2—8.5x11 color 210 Land Use Element Newport Beach General Plan 3-104 Mixed-Use Districts [Subarea C, “MU-H2” designation] PRIMARY/UNDERLYING LAND USES LU 6.15.4 Priority Uses Accommodate office, research and development, and similar uses that support the primary office and business park functions such as retail and financial services, as prescribed for the “CO-G” designation, while allowing for the re-use of properties for the development of cohesive residential villages that are integrated with business park uses. (Imp 2.1) RESIDENTIAL VILLAGES LAND USES LU 6.15.5 Residential and Supporting Uses Accommodate the development of a maximum of 2,200 multi-family residential units, including work force housing, and mixed-use buildings that integrate residential with ground level office or retail uses, along with supporting retail, grocery stores, and parklands. Residential units may be developed only as the replacement of underlying permitted nonresidential uses. When a development phase includes a mix of residential and nonresidential uses or replaces existing industrial uses, the number of peak hour trips generated by cumulative development of the site shall not exceed the number of trips that would result from development of the underlying permitted nonresidential uses. However, a maximum of 550 units may be developed as infill on surface parking lots or areas not used as occupiable buildings on properties within the Conceptual Development Plan Area depicted on Figure LU22 provided that the parking is replaced on site. (Imp 2.1) MINIMUM SIZE AND DENSITY LU 6.15.6 Size of Residential Villages [refer to Figure LU23] Allow development of mixed-use residential villages, each containing a minimum of 10 acres and centered on a neighborhood park and other amenities (as conceptually illustrated in Figure LU23). The first phase of residential development in each village shall encompass at least 5 gross acres of land, exclusive of existing rights-of-way. This acreage may include multiple parcels provided that they are contiguous or face one another across an existing street. At the discretion of the City, this acreage may also include part of a contiguous property in a different land use category, if the City finds that a sufficient portion of the contiguous property is used to provide functionally proximate parking, open space, or other amenity. The “Conceptual Development Plan” area shown on Figure LU22 shall be exempt from the 5-acre minimum, but a conceptual development plan described in Policy LU 6.15.11 shall be required. (Imp 2.1, 3.1, 4.1) 211 Land Use Element Newport Beach General Plan 3-105 LU 6.15.7 Overall Density and Housing Types Require that residential units be developed at a minimum density of 30 units and maximum of 50 units per net acre averaged over the total area of each residential village. Net acreage shall be exclusive of existing and new rights-of-way, public pedestrian ways, and neighborhood parks. Within these densities, provide for the development of a mix of building types ranging from townhomes to high-rises to accommodate a variety of household types and incomes and to promote a diversity of building masses and scales. (Imp 2.1, 3.1, 4.1) LU 6.15.8 First Phase Development Density Require a residential density of 45 to 50 units per net acre, averaged over the first phase for each residential village. This shall be applied to 100 percent of properties in the first phase development area whether developed exclusively for residential or integrating service commercial horizontally on the site or vertically within a mixed-use building. On individual sites, housing development may exceed or be below this density to encourage a mix of housing types, provided that the average density for the area encompassed by the first phase is achieved. (Imp 2.1, 3.1, 4.1) LU 6.15.9 Subsequent Phase Development Location and Density Subsequent phases of residential development shall abut the first phase or shall face the first phase across a street. The minimum density of residential development (including residential mixed-use development) shall be 30 units per net acre and shall not exceed the maximum of 50 units per net acre averaged over the development phase. (Imp 2.1, 3.1, 4.1) STRATEGY AND PROCESS LU 6.15.10 Regulatory Plans Require the development of a regulatory plan for each residential village, which shall contain a minimum of 10 acres, to coordinate the location of new parks, streets, and pedestrian ways; set forth a strategy to accommodate neighborhood- serving commercial uses and other amenities; establish pedestrian and vehicular connections with adjoining land uses; and ensure compatibility with office, industrial, and other nonresidential uses. (Imp 2.1, 3.1, 4.1, 13.1) 212 Land Use Element Newport Beach General Plan 3-106 Figure LU23 Airport Area Residential Villages Illustrative Concept Diagram Pg 1—8.5x11 color 213 Land Use Element Newport Beach General Plan 3-107 Pg 2—8.5x11 color 214 Land Use Element Newport Beach General Plan 3-108 LU 6.15.11 Conceptual Development Plan Area Require the development of one conceptual development plan for the area depicted on Figure LU22, should residential units be proposed on any property within this area. This plan shall demonstrate the compatible and cohesive integration of new housing, parking structures, open spaces, recreational amenities, pedestrian and vehicular linkages, and other improvements with existing nonresidential structures and uses. To the extent existing amenities are proposed to satisfy Neighborhood Park requirements, the plan shall identify how these amenities will meet the recreational needs of residents. Each residential village in the Conceptual Development Plan Area shall also comply with all elements required for regulatory plans defined by Policy 6.15.10. (Imp 2.1, 3.1, 4.1) LU 6.15.12 Development Agreements A Development Agreement shall be required for all projects that include infill residential units. The Development Agreement shall define the improvements and public benefits to be provided by the developer in exchange for the City’s commitment for the number, density, and location of the housing units. (Imp 2.1, 3.1, 4.1, 13.1) DESIGN AND DEVELOPMENT Neighborhood Parks LU 6.15.13 Standards To provide a focus and identity for the entire neighborhood and to serve the daily recreational and commercial needs of the community within easy walking distance of homes, require dedication and improvement of at least 8 percent of the gross land area (exclusive of existing rights-of-way) of the first phase development in each neighborhood, or ½ acre, whichever is greater, as a neighborhood park. This requirement may be waived by the City where it can be demonstrated that the development parcels are too small to feasibly accommodate the park or inappropriately located to serve the needs of local residents, and when an in-lieu fee is paid to the City for the acquisition and improvement of other properties as parklands to serve the Airport Area. In every case, the neighborhood park shall be at least 8 percent of the total Residential Village Area or one acre in area, whichever is greater, and shall have a minimum dimension of 150 feet. Park acreage shall be exclusive of existing or new rights-of-way, development sites, or setback areas. A neighborhood park shall satisfy some or all of the requirements of the Park Dedication Ordinance, as prescribed by the Recreation Element of the General Plan. (Imp 2.1, 3.1, 4.1, 23.1, 30.2) 215 Land Use Element Newport Beach General Plan 3-109 Illustrates integration of public parks in high density residential developments. Parks are surrounded by streets and incorporate a diversity of active and passive recreational facilities LU 6.15.14 Location Require that each neighborhood park is clearly public in character and is accessible to all residents of the neighborhood. Each park shall be surrounded by public streets on at least two sides (preferably with on-street parking to serve the park), and shall be linked to residential uses in its respective neighborhood by streets or pedestrian ways. (Imp 2.1, 3.1, 4.1) LU 6.15.15 Aircraft Notification Require that all neighborhood parks be posted with a notification to users regarding proximity to John Wayne Airport and aircraft overflight and noise. (Imp 23.2) On-Site Recreation and Open Space LU 6.15.16 Standards Require developers of multi-family residential developments on parcels 8 acres or larger to provide on-site recreational amenities. For these developments, 44 square feet of on-site recreational amenities shall be provided for each dwelling unit in addition to the requirements under the City’s Park Dedication Ordinance and in accordance with the Parks and Recreation Element of the General Plan. On-site recreational amenities can consist of public urban plazas or squares where there is the capability for recreation and outdoor activity. These recreational amenities may also include swimming pools, exercise facilities, tennis courts, and basketball courts. Where there is insufficient land to provide on-site recreational amenities, the developer shall be required to pay cash in-lieu that would be used 216 Land Use Element Newport Beach General Plan 3-110 to develop or upgrade nearby recreation facilities to offset user demand as defined in the City’s Park Dedication Fee Ordinance. The acreage of on-site open space developed with residential projects may be credited against the parkland dedication requirements where it is accessible to the public during daylight hours, visible from public rights-of-way, and is of sufficient size to accommodate recreational use by the public. However, the credit for the provision of on-site open space shall not exceed 30 percent of the parkland dedication requirements. (Imp 2.1, 3.1, 4.1, 30.2) Streets and Pedestrian Ways LU 6.15.17 Street and Pedestrian Grid Create a pattern of streets and pedestrian ways that breaks up large blocks, improves connections between neighborhoods and community amenities, and is scaled to the predominantly residential character of the neighborhoods. (Imp 3.1, 4.1, 16.1) LU 6.15.18 Walkable Streets Retain the curb-to-curb dimension of existing streets, but widen sidewalks to provide park strips and generous sidewalks by means of dedications or easements. Except where traffic loads preclude fewer lanes, add parallel parking to calm traffic, buffer pedestrians, and provide short-term parking for visitors and shop customers. (Imp 3.1, 4.1, 16.1, 20.1) Illustrates pedestrian oriented multi-family residential streets with wide sidewalks, on-street parking, parkways, and units fronting onto streets. LU 6.15.19 Connected Streets Require dedication and improvement of new streets as shown on Figure LU23. The illustrated alignments are tentative and may change as long as the routes provide the intended connectivity. If traffic conditions allow, connect new and existing streets across Macarthur Boulevard with signalized intersections, crosswalks, and pedestrian refuges in the median. (Imp 16.1) LU 6.15.20 Pedestrian Improvements Require the dedication and improvement of new pedestrian ways as conceptually shown on Figure LU23. The alignment is tentative and may change as long as the path provides the intended connectivity. For safety, the full length of pedestrian ways shall be visible from intersecting streets. To maintain an intimate scale and 217 Land Use Element Newport Beach General Plan 3-111 to shade the path with trees, pedestrian ways should not be sized as fire lanes. Pedestrian ways shall be open to the public at all hours. (Imp 16.11) Parking and Loading LU 6.15.21 Required Spaces for Primary Uses Consider revised parking requirements that reflect the mix of uses in the neighborhoods and overall Airport Area, as well as the availability of on-street parking. (Imp 2.1) Relationship of Buildings to Street LU 6.15.22 Building Massing Require that high-rise structures be surrounded with low- and mid-rise structures fronting public streets and pedestrian ways or other means to promote a more pedestrian scale. (Imp 3.1, 4.1) LU 6.15.23 Sustainable Development Practices Require that development achieves a high level of environmental sustainability that reduces pollution and consumption of energy, water, and natural resources. This may be accomplished through the mix and density of uses, building location and design, transportation modes, and other techniques. Among the strategies that should be considered are the integration of residential with jobs-generating uses, use of alternative transportation modes, maximized walkability, use of recycled materials, capture and re-use of storm water on-site, water conserving fixtures and landscapes, and architectural elements that reduce heat gain and loss. (Imp 3.1, 4.1, 16.11, 17.1, 19.1) Campus Tract [“AO” designation Sub-Area B] LAND USES LU 6.15.24 Primary Uses Accommodate professional office; aviation retail; automobile rental, sales, and service, subject to discretionary review of the Planning Commission; hotels; and ancillary retail, restaurant, and service uses that are related to and support the functions of John Wayne Airport, as permitted by the “AO” designation. (Imp 2.1) STRATEGY LU 6.15.25 Economic Viability Provide incentives for lot consolidation and the re-use and improvement of properties located in the “Campus Tract,” west of Birch Street. (Imp 2.1, 24.1) LU 6.15.26 Automobile Rental and Supporting Uses Work with automobile rental and supporting uses to promote the consolidation and visual improvement of auto storage, service, and storage facilities. (Imp 24.1) 218 Land Use Element Newport Beach General Plan 3-112 LU 6.15.27 Site Planning and Architecture Encourage and, when property improvements are subject to discretionary review, require property owners within the Campus Tract to upgrade the street frontages of their properties with landscape, well-designed signage, and other amenities that improve the area’s visual quality. (Imp 3.1, 7.1, 8.1,) Commercial Nodes [“CG” designation Sub-Area C—part] LU 6.15.28 Priority Uses Encourage the development of retail, financial services, dining, hotel, and other uses that support the John Wayne Airport, the Airport Area’s office uses, and, as developed, its residential neighborhoods, as well as automobile sales and supporting uses at the MacArthur Boulevard and Bristol Street node. (Imp 2.1, 24.1) Commercial Office District [“CO-G” designation Sub-Area C—part] LU 6.15.29 Priority Uses Encourage the development of administrative, professional, and office uses with limited accessory retail and service uses that provide jobs for residents and benefit adjoining mixed-use districts. (Imp 2.1, 24.1) Corridors Corridors share common characteristics of Districts by their identifiable functional role, land use mix, density/intensity, physical form and character, and/or environmental setting. They differ in their linear configuration, generally with shallow-depth parcels located along arterial streets. They are significantly impacted by traffic, often inhibiting access during peak travel periods. Their shallow depths make them unsuitable for many contemporary forms of commercial development that require large building footprints and extensive parking. While the City is crossed by a number of commercial corridors, the General Plan’s policies focus on those in which change is anticipated to occur during the next 20 years. Additionally, they provide guidance for the maintenance of a number of corridors in which it is the objective to maintain existing types and levels of development. Development in each corridor will adhere to policies for land use type and density/intensity (LU 4.1, Table LU1) and community character (LU 5.0), except as specified in this section of the Plan. Goal LU 6.16 Development along arterial corridors that is compatible with adjoining residential neighborhoods and open spaces, is well designed and attractive, minimizes traffic impacts, and provides adequate parking. 219 Land Use Element Newport Beach General Plan 3-113 Policies LU 6.16.1 Efficient Parcel Utilization Promote the clustering of retail and hotel uses by the aggregation of individual parcels into larger development sites through incentives such as density bonuses or comparable techniques. (Imp 2.1, 24.1) LU 6.16.2 Private Property Improvements Work with property owners to encourage the upgrade of existing commercial development including repair and/or repainting of deteriorated building surfaces, well-designed signage that is incorporated into the architectural style of the building, and expanded landscaping. (Imp 24.1) LU 6.16.3 Property Access Minimize driveways and curb cuts that interrupt the continuity of street-facing building elevations in pedestrian-oriented districts and locations of high traffic volumes, prioritizing their location on side streets and alleys, where feasible. (Imp 2.1) LU 6.16.4 Shared Parking Facilities Work with property owners and developers to encourage the more efficient use of parcels for parking that can be shared by multiple businesses. (Imp 16.10) LU 6.16.5 Compatibility of Business Operations with Adjoining Residential Neighborhoods Work with local businesses to ensure that retail, office, and other uses do not adversely impact adjoining residential neighborhoods. This may include strategies addressing hours of operation, employee loitering, trash pickup, truck delivery hours, customer arrivals and departures, and other activities. (Imp 8.2) LU 6.16.6 Design Compatibility with Adjoining Residential Neighborhoods Require that building elevations facing adjoining residential units be designed to convey a high-quality character and ensure privacy of the residents, and that properties be developed to mitigate to the maximum extent feasible impacts of lighting, noise, odor, trash storage, truck deliveries, and other business activities. Building elevations shall be architecturally treated and walls, if used as buffers, shall be well-designed and landscaped to reflect the area’s residential village character. (Imp 2.1) West Newport The West Newport Coast Highway Corridor extends from Summit Street to just past 60th Street. It is a mixed commercial and residential area, with the former serving the adjoining Newport Shores residential neighborhood, the West Newport residential neighborhood south of Coast Highway, and beach visitors. Commercial uses are concentrated on the north side of Coast Highway at the Orange Street intersection and east of Cedar Street to the Semeniuk Slough. Intervening areas are developed with a mix of multi-family apartments and, west of Grant Avenue, mobile and manufactured homes. 220 Land Use Element Newport Beach General Plan 3-114 Primary commercial uses include community-related retail such as dry cleaners, liquor store, deli, and convenience stores, as well as a few visitor-serving motels, dine-in, family-style restaurants, and fast- food establishments. Generally, they are developed on shallow parcels of substandard size and configuration due to past widening of West Coast Highway and contain insufficient parking. Many of the commercial buildings appear to have been constructed in the 1960s to 1980s, although some motels have been recently upgraded. A portion of the mobile homes are situated along Semeniuk Slough and the Army Corps restored wetlands, while a number of the single-family homes outside the area are also located along the Slough. A mobile home park containing older units, many of which appear to be poorly maintained, is located on the westernmost parcels and a portion of the tidelands. This site serves as the “entry” to the City and as a portal to the proposed Orange Coast River Park. This area is regulated by an adopted Specific Plan, which was intended to promote its orderly development and provide service commercial uses for nearby residences. Residential in West Newport Commercial in West Newport The visioning process found that the West Newport Corridor is among those that require revitalization. Clustering of commercial uses to enhance their economic vitality and improve the appearance of the area was supported, as was the improvement of the quality of commercial development on the Highway. Redevelopment of the westernmost parcel occupied by a trailer park was a high priority for the neighborhood. Policy Overview The General Plan provides for the improvement of Coast Highway fronting properties in West Newport by concentrating local and visitor-serving retail in two centers at Prospect Street and Orange Street with expanded parking, enhancing existing and allowing additional housing on intervening parcels, and developing a clearly defined entry at its western edge with Huntington Beach. The latter may include improvements that would support the proposed Orange Coast River Park. Goal LU 6.17 A corridor that includes a gateway to the City with amenities that support the Orange Coast River Park, as well as commercial clusters that serve local residents and coastal visitors at key intersections, interspersed with compatible residential development. 221 Land Use Element Newport Beach General Plan 3-115 Policies LAND USES [refer to Figure LU24] LU 6.17.1 Western Entry Parcel [designated as “RM(26/ac)” and “RM/OS(85du)”] Work with community groups and the County to facilitate the acquisition of a portion or all of the property as open space, which may be used as a staging area for Orange Coast River Park with parking, park-related uses, and an underpass to the ocean. As an alternative, accommodate multi-family residential on all or portions of the property not used for open space. (Imp 14.3, 29.1) STRATEGY LU 6.17.2 Improved Visual Image and Quality Implement streetscape improvements to enhance the area’s character and image as a gateway to Newport Beach and develop a stronger pedestrian environment at the commercial nodes. (Imp 20.1) LU 6.17.3 Streetscape Require that upgraded and redeveloped properties incorporate landscaped setbacks along arterial streets to improve their visual quality and reduce impacts of the corridor’s high traffic volumes. (Imp 2.1) Old Newport Boulevard Old Newport Boulevard was formerly the primary roadway leading into the city from the north, containing a diversity of highway-oriented retail and office uses. Shifting of vehicle trips to the parallel (new) Newport Boulevard reduced the corridor’s traffic volumes and economic vitality, resulting in significant changes in its land use mix. 222 Land Use Element Newport Beach General Plan 3-116 Figure LU24 West Newport Pg 1—8.5x11 color 223 Land Use Element Newport Beach General Plan 3-117 Pg 2—8.5x11 color 224 Land Use Element Newport Beach General Plan 3-118 Office and retail on Old Newport Boulevard The corridor is abutted by residential neighborhoods to the east and Hoag Hospital west of Newport Boulevard. Today, the area is primarily developed with commercial and professional offices. Secondary uses include personal services, restaurants, and specialty shopping such as home furnishing stores and beauty salons. Most specialty retail appears to occupy converted residential buildings. A number of auto-related businesses and service facilities are located in the corridor. Many of these are incompatible with the predominant pattern of retail service and office uses. Medical office uses have expanded considerably during recent years, due to the corridor’s proximity to Hoag Hospital, which is expanding its buildings and facilities. This corridor does not exhibit a pedestrian-oriented character. While there are some walkable areas, Newport Boulevard is wide and there is a mix of uses and lot configurations that do not create a consistent walkway. Development in the area is guided by the Old Newport Boulevard Specific Plan District that includes design guidelines and development standards providing for the orderly development of property. 225 Land Use Element Newport Beach General Plan 3-119 Little public input was received pertaining to Old Newport Boulevard during the General Plan’s preparation. In general, the preservation of the status quo was supported. Although, the public supported the development of mixed-use buildings that integrate residential with ground floor retail and townhomes on the east side of Old Newport Boulevard as a transition with adjoining residential neighborhoods. Policy Overview In the Old Newport Boulevard area, the General Plan provides for the development of professional offices, retail, and other uses that support Hoag Hospital, and retail uses serving adjoining residential neighborhoods. Pedestrian walkways within and connections west to Hoag Hospital would be improved and streetscapes installed. Goal LU 6.18 A corridor of uses and services that support Hoag Hospital and adjoining residential neighborhoods. Policies LAND USES [designated as “CO-G(0.5),” refer to Figure LU25] LU 6.18.1 Priority Uses Accommodate uses that serve adjoining residential neighborhoods, provide professional offices, and support Hoag Hospital. (Imp 2.1) LU 6.18.2 Discouraged Uses Highway-oriented retail uses should be discouraged and new “heavy” retail uses, such as automobile supply and repair uses, prohibited. (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.18.3 Property Design Require that buildings be located and designed to orient to the Old Newport Boulevard frontage, while the rear of parcels on its west side shall incorporate landscape and design elements that are attractive when viewed from Newport Boulevard. (Imp 2.1) LU 6.18.4 Streetscape Design and Connectivity Develop a plan for streetscape improvements and improve street crossings to facilitate pedestrian access to Hoag Hospital and discourage automobile trips. (Imp 20.1) 226 Land Use Element Newport Beach General Plan 3-120 Figure LU25 Old Newport Boulevard Pg 1—8.5x11 color 227 Land Use Element Newport Beach General Plan 3-121 Pg 2—8.5x11 color 228 Land Use Element Newport Beach General Plan 3-122 Mariners’ Mile Mariners’ Mile is a heavily traveled segment of Coast Highway extending from the Arches Bridge on the west to Dover Drive on the east. It is developed with a mix of highway-oriented retail and marine- related commercial uses. The latter are primarily concentrated on bay-fronting properties and include boat sales and storage, sailing schools, marinas, visitor-serving restaurants, and comparable uses. A large site is developed with the Balboa Bay Club and Resort, a hotel, private club, and apartments located on City tidelands. A number of properties contain nonmarine commercial uses, offices, and a multi-story residential building. Harbor, retail, and visitor-serving uses in Mariners’ Mile Inland properties are developed predominantly for highway-oriented retail, neighborhood commercial services. A number of sites contain automobile dealerships and service facilities and neighborhood- serving commercial uses. The latter includes salons, restaurants, apparel, and other specialty shops ranging from wine stores to home furnishings stores. While single use free-standing buildings predominate, there are a significant number of multi-tenant buildings that combine a number of related or complementary uses in a single building or buildings that are connected physically or through design. The Mariners’ Mile Strategic Vision and Design Plan provides for the area’s evolution as a series of districts serving visitors and local residents. Along the northern portion of Coast Highway in the vicinity of Tustin Avenue, Riverside Avenue, and Avon Street, it provides for a pedestrian-friendly retail district. In the western and easternmost segments, the Plan provides for the infill of the auto- 229 Land Use Element Newport Beach General Plan 3-123 oriented retail and visitor-serving commercial uses. Along the Harbor frontage, the Vision and Design Plan emphasizes the development of Harbor-related uses and proposes a continuous pedestrian promenade to create a vibrant public waterfront. Throughout the corridor, the Plan proposes to upgrade its visual character with new landscaping and streetscape amenities, as well as improvements in private development through standards for architecture and lighting. Plans provide for the widening of Coast Highway, reducing the depth of parcels along its length. Recent development projects have set back their buildings in anticipation of this change. Traffic along the corridor and the potential for widening also impact the ability to enhance pedestrian activity and streetscape improvements, unless overhead pedestrian crossings are considered. Visioning process participants identified Mariners’ Mile as a location that needs revitalization and suggested that an overall vision be defined to meet this objective. It was also defined as a location appropriate for mixed-use development integrating residential and commercial or office space. A majority opposed hotel development in Mariners’ Mile. Participants were divided on the questions of preserving opportunities for coastal-related uses in Mariners’ Mile and whether the City should require or offer incentives to ensure such uses. Property owners noted that high land values and rents limit the number of marine-related uses that can be economically sustained in the area. Although the public supported the development of residential in Mariners’ Mile, there was a difference of opinion regarding whether it should be located on the Harbor frontage or limited it to inland parcels. Policy Overview The General Plan provides for the enhanced vitality of the Mariners’ Mile corridor by establishing a series of distinct retail, mixed-use, and visitor-serving centers. Harbor-fronting properties would accommodate a mix of visitor-serving retail and marine-related businesses, with portions of the properties available for housing and mixed-use structures. View and public access corridors from Coast Highway to the Harbor would be required, with a pedestrian promenade developed along the length of the Harbor frontage. Parcels on the inland side of Coast Highway, generally between Riverside Avenue and the southerly projection of Irvine Avenue, would evolve as a pedestrian- oriented mixed-use “village” containing retail businesses, offices, services, and housing. Sidewalks would be improved with landscape and other amenities to foster pedestrian activity. Inland properties directly fronting onto Coast Highway and those to the east and west of the village would provide for retail, marine-related, and office uses. Streetscape amenities are proposed for the length of Mariners’ Mile to improve its appearance and identity. Goal LU 6.19 A corridor that reflects and takes advantage of its location on the Newport Bay waterfront, supports and respects adjacent residential neighborhoods and exhibits a quality visual image for travelers on Coast Highway. 230 Land Use Element Newport Beach General Plan 3-124 Policies STRUCTURE LU 6.19.1 Differentiated Districts Differentiate and create cohesive land use districts for key subareas of Mariners’ Mile by function, use, and urban form. These should include (a) harbor-oriented uses with limited residential along the waterfront, (b) highway-oriented commercial corridor (see Figure LU26), and (c) community/neighborhood- serving “village” generally between Riverside Avenue and the southerly extension of Irvine Avenue. (Imp 1.1, 2.1) LAND USES (refer to Figure LU26) LU 6.19.2 Bay Fronting Properties [designated as “MU-W1” Sub-Area A] Encourage marine-related and visitor-serving retail, restaurant, hotel, institutional, and recreational uses, and allow residential uses above the ground floor on parcels with a minimum frontage of 200 lineal feet where a minimum of 50 percent of the permitted square footage shall be devoted to nonresidential uses. No more than 50 percent of the waterfront area between the Arches Bridge and the Boy Scout Sea Base may be developed with mixed-use structures. (Imp 2.1, 5.1, 24.1) LU 6.19.3 Marine-Related Businesses Protect and encourage facilities that serve marine-related businesses and industries unless present and foreseeable future demand for such facilities is already adequately provided for in the area. Encourage coastal-dependent industrial uses to locate or expand within existing sites and allow reasonable long- term growth. (Imp 2.1, 5.1, 24.1) LU 6.19.4 Inland side of Coast Highway [designated as “MU-H1,” “CG(0.3),” and “CG(0.5)” Sub-Areas B and C] Accommodate a mix of visitor- and local-serving retail commercial, residential, and public uses. The Coast Highway frontage shall be limited to nonresidential uses. On inland parcels, generally between Riverside Avenue and Tustin Avenue, priority should be placed on accommodating uses that serve upland residential neighborhoods such as grocery stores, specialty retail, small service office, restaurants, coffee shops, and similar uses. (Imp 2.1, 5.1) LU 6.19.5 Parking Require adequate parking and other supporting facilities for charters, yacht sales, visitor-serving, and other waterfront uses. (Imp 2.1, 5.1) 231 Land Use Element Newport Beach General Plan 3-125 DESIGN AND DEVELOPMENT Corridor LU 6.19.6 Corridor Identity and Quality Implement landscape, signage, lighting, sidewalk, pedestrian crossing, and other amenities consistent with the Mariners’ Mile Specific Plan District and Mariners’ Mile Strategic Vision and Design Plan. (Imp 20.1) Harbor-Fronting Properties LU 6.19.7 Architecture and Site Planning While a diversity of building styles is encouraged, the form, materials, and colors of buildings located along the harbor front should be designed to reflect the area’s setting and nautical history. (Imp 8.1, 8.2) LU 6.19.8 Integrating Residential-Site Planning Principles Permit properties developed for residential to locate the units along the Harbor frontage provided that portions of this frontage are developed for (a) retail, restaurant, or other visitor-serving uses and (b) plazas and other open spaces that provide view corridors and access from Coast Highway to the Harbor. The amount of Harbor frontage allocated for each use shall be determined by the City during the Development Plan review process. (Imp 2.1, 5.1) LU 6.19.9 Harbor and Bay Views and Access Require that buildings be located and sites designed to provide clear views of and access to the Harbor and Bay from the Coast Highway and Newport Boulevard rights-of-way in accordance with the following principles, as appropriate: Clustering of buildings to provide open view and access corridors to the Harbor Modulation of building volume and masses Variation of building heights Inclusion of porticoes, arcades, windows, and other “see-through” elements in addition to the defined open corridor Minimization of landscape, fencing, parked cars, and other nonstructural elements that block views and access to the Harbor Prevention of the appearance of the public right-of-way being walled off from the Harbor Inclusion of setbacks that in combination with setbacks on adjoining parcels cumulatively form functional view corridors Encouragement of adjoining properties to combine their view corridors that achieve a larger cumulative corridor than would have been achieved independently 232 Land Use Element Newport Beach General Plan 3-126 Figure LU26 Mariners’ Mile Pg 1—8.5x11 color 233 Land Use Element Newport Beach General Plan 3-127 Pg 2—8.5x11 color 234 Land Use Element Newport Beach General Plan 3-128 A site-specific analysis shall be conducted for new development to determine the appropriate size, configuration, and design of the view and access corridor that meets these objectives, which shall be subject to approval in the Development Plan review process. (Imp 2.1) LU 6.19.10 Waterfront Promenade Require that development on the bay frontage implement amenities that ensure access for coastal visitors. Pursue development of a pedestrian promenade along the Bayfront. (Imp 2.1, 20.2) Community/Neighborhood Village LU 6.19.11 Pedestrian-Oriented Village Require that inland properties that front onto internal streets within the Community/Neighborhood Village locate buildings along and forming a semi- continuous building wall along the sidewalk, with parking to the rear in structures or in shared facilities and be designed to promote pedestrian activity. (Imp 2.1, 16.10) LU 6.19.12 Properties Abutting Bluff Faces Require that development projects locate and design buildings to maintain the visual quality and maintain the structural integrity of the bluff faces. (Imp 2.1) STRATEGY LU 6.19.13 Lot Consolidation on Inland Side of Coast Highway Permit development intensities in areas designated as “CG(0.3)” to be increased to a floor area ratio of 0.5 where parcels are consolidated to accommodate larger commercial development projects that provide sufficient parking. (Imp 2.1, 5.1) LU 6.19.14 Parking Lot Relocation Consider options for the relocation of the City parking lot on Avon Street to better support the corridor’s retail uses. (Imp 16.10) LU 6.19.15 Postal Distribution Center Relocation Consider options for the relocation of the postal distribution center to reduce parking impacts in the immediate area. (Imp 14.14) LU 6.19.16 Parking and Supporting Facilities for Waterfront Uses Explore additional options for the development and location of parking and other supporting facilities for charters, yacht sales, and other waterfront uses. (Imp 16.10) Corona del Mar The Corona del Mar corridor extends along Coast Highway between Avocado Avenue and Hazel Drive. It is developed with commercial uses and specialty shops that primarily serve adjoining residential neighborhoods, with isolated uses that serve highway travelers and coastal visitors. Among 235 Land Use Element Newport Beach General Plan 3-129 the area’s primary uses are restaurants, home furnishings, and miscellaneous apparel and professional offices including architectural design services. Almost half of the commercial uses are located in multi- tenant buildings with retail on the ground floor and professional services above. Other uses include the Sherman Library and Gardens, a research library and botanical garden open to the public, and an assisted-living residential complex. Buildings in the Corona del Mar corridor mostly front directly on and visually open to the sidewalks, with few driveways or parking lots to break the continuity of the “building wall” along the street. These, coupled with improved streetscape amenities, landscaped medians, and a limited number of signalized crosswalks, promote a high level of pedestrian activity. Views of Corona del Mar along Pacific Coast Highway The Corona del Mar Vision Plan, developed by the Business Improvement District, is intended to enhance the shopping district through community improvements. These envision a linear park-like environment with extensive sidewalk landscaping, street furniture, pedestrian-oriented lighting fixtures, activated crosswalks, parking lanes, and comparable improvements. Visioning process participants expressed support for protecting Corona del Mar as an important historic commercial center that serves adjoining neighborhoods. Policy Overview The General Plan sustains Corona del Mar as a pedestrian-oriented retail village that serves surrounding neighborhoods. New development largely would occur as replacement of existing uses and developed at comparable building heights and scale. Additional parking would be provided by the re-use of parcels at the rear of commercial properties and/or in shared parking lots or structures developed on Coast Highway. Goal LU 6.20 A pedestrian-oriented “village” serving as the center of community commerce, culture, and social activity and providing identity for Corona del Mar. 236 Land Use Element Newport Beach General Plan 3-130 Policies LAND USES [designated as “CC,” refer to Figure LU27] LU 6.20.1 Primary Uses Accommodate neighborhood-serving uses that complement existing development. (Imp 2.1) LU 6.20.2 Shared Parking Structures Accommodate the development of structures that provide parking for multiple businesses along the corridor, provided that the ground floor of the street frontage is developed for pedestrian-oriented retail uses. (Imp 2.1, 16.10) LU 6.20.3 Expanded Parking Accommodate the redevelopment of residential parcels immediately adjoining commercial uses that front onto Coast Highway for surface parking, provided that adequate buffers are incorporated to prevent impacts on adjoining residential (see “Design and Development” below). (Imp 2.1) DESIGN AND DEVELOPMENT LU 6.20.4 Pedestrian-Oriented Streetscapes Work with business associations, tenants, and property owners to implement Corona del Mar Vision Plan streetscape improvements that contribute to the corridor’s pedestrian character. (Imp 20.1) STRATEGY LU 6.20.5 Complement the Scale and Form of Existing Development Permit new commercial development at a maximum intensity of 0.75 FAR, but allow existing commercial buildings that exceed this intensity to be renovated, upgraded, or reconstructed to their pre-existing intensity and, at a minimum, pre- existing number of parking spaces. (Imp 2.1) LU 6.20.6 Expanded Parking Opportunities Work with local businesses and organizations to explore other methods to provide parking convenient to commercial uses, such as a parking district or relocation of the City parking lot at the old school site at 4th Avenue and Dahlia Avenue. (Imp 16.10) 237 Land Use Element Newport Beach General Plan 3-131 Figure LU27 Corona Del Mar Pg 1—8.5x11 color 238 Land Use Element Newport Beach General Plan 3-132 Pg 2—8.5x11 color 239 C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T C RM18/ac IG0.75 CO-M0.5 CO-M0.5 CO-M RM18/ac CO-M0.5A C A D B PF PI0.75 RM18/ac RM18/ac CN0.3 CG0.75 74 IG0.5 CO-M0.49 S U P E R I O R A V E 1 6 T H S T W O L D N E W P O R T B L V D H O S P I T A L R D 1 5 T H S T W B A B C O C K S T T I C O N D E R O G A S T F L A G S H I P R D P R O D U C T I O N P L P A T R I C E R D D A N A R D B O L E R O W A YO R I O N W A Y S P I N D R I F T W A Y B E A C O N S T CITY of NEWPORT BEACHGENERAL PLAN PROJECT NUMBER: 10579-01 Source: City of Newport Beach and EIP Associates Date: 12/12/06 P A C I F I C O C E A N ?sE A°E %&l( Figure LU18WEST NEWPORT MESA 0 500250Feet Sub-Area Tidelands andsubmerged lands City Boundary Highway !Refer to anomalytable 7N LAND USE POLICY Multi-Family ResidentialCMedical-Related UsesA Neighborhood andGeneral CommercialDBGeneral Industrial February 2012 240 1 Prepared by Dorothy Kraus Proposed Zoning Change – Item 3, PC Agenda 7-23-20 for reference 241 2 Orange Coast Winery – 869 W. 16th Street 242 3 Another adjacent entrance to West Coast Winery. 243 4 Photo taken of block of businesses in the area of study on 16th Street. This block of businesses extends to Monrovia. 244 5 City of Newport Beach 16th Street Recreation Center, directly across the street from Orange Coast Winery. 245 6 Businesses in area of study along east side of Monrovia. Cross street 16th St/Prod. Place. 246 7 More businesses on west side of Monrovia in scope of proposed amendment. Cross street 16th street. 247 8 Carden Hall, located on Monrovia just south of Production Place. Arrow points to parcel in IG zone. Coastline Community College on far left. 248 9 Production Place looking toward 16 Street from Monrovia. This area is in the proposed IG zone amendment. Look closely for white truck tuning onto Production from Placentia to get the perspective of scope of this proposed amendment. 249 10 Hixon Metals on Monrovia near 16th Street. 250 Gordon Kent Wanlass Benda Building LLC 875 Production Place Newport Beach, CA 92663 949-371-5202 City of Newport Beach Honorable Mayor, Members of the City Council, and Planning Commission, RE: INDUSTRIAL ZONING DISTRICT CODE AMENDMENT PA2020-042 Dear Planning Commissioners, My family has owned and worked out of our commercial building at 871 to 877 Production Place for over two decades. We purchased in this area because it is ideal for light manufacturing, research and development. I am very concerned by the effort to allow a Wine Tasting Room, by all known tests a bar, to operate within the industrial zoning district. My concerns are as follows: 1.This change will drastically alter the purpose of the neighborhood. If the industrial zone is destined to become an entertainment and shopping area, the proper place for this discussion is the city’s master plan. Modifying the zoning of the entire industrial district to accommodate one business that is currently in violation of the existing rules is not logical. Please allow the property and business owners in this area to discuss their future in the proper forum. 2.Two years ago, the city council and planning commission held hearings and voted down a proposal almost identical to PA2020-042. How many times do we have to revisit this issue? This is the wrong location for the business in question. 3.Parking is extremely limited in the industrial zone. Some locations may have enough parking, but the proposal changes the zoning of the entire district. A study of the parking on Production Place should be conducted before changing the zoning to allow new uses of the industrial district. Please revisit the parking requirements for the businesses currently in operation. You will find that due to non-conforming businesses there is no street parking available. 4.There is no discussion of the city providing additional police presence in the area. Bars by any name require a significant allocation of city resources. The statement that this change to the industrial district zoning has no fiscal impact is incorrect. Sincerely, Gordon K. Wanlass Planning Commission - November 19, 2020 Item No. 3a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Elliott Loft, LLC 870 Production Place Newport Beach, CA 9263 (949) 642-5415 City of Newport Beach Members of the Planning Commission. Subject: Industrial Zoning District Code Amendments (PA2020-042) • Zoning Code Amendment No. CA2020-005 Dear Planning Commissioners; This letter is in response to the proposal to allow “Wine Tasting Rooms” or bars in the Industrial District. Executive Summary The proposed use is incompatible with the Industrial District. Parking issues, environmental concerns and attempting to bring a bar into the Industrial District are detrimental to the business environment and property values. History Our family has served the greater Newport Harbor boating community since 1971. We purchased the industrial building located at 864-870 Production Place in 1983. Since that time, we have operated a marine business in a portion of the building. During this time, we have seen the area become congested and disordered. Study Area We believe the “piecemeal” approach to zoning, is creating serious issues and problems, impacting our property values. The current Zoning Amendment is a good example. The problem in this case is there is a business that is currently non-compliant with their current use. The business started as a manufacturer of wine and then changed use to became a bar. The original use was never intended to be a bar. There is no justification for re-zoning the entire neighborhood to fix a problem that should not exist in the first place. This is creating future unintended problems for the entire neighborhood. Re-zoning now before the city has updated the General Plan for the area, just adds another layer of confusion to an already chaotic area. We are asking the Planning Department to do what is best for the IG area and allow this issue to be determined under the upcoming City Planning Planning Commission - November 19, 2020 Item No. 3a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) update as proper planning should be and not as is currently being done at the behest of special interests. We believe the proposed incompatible use brings to the forefront the need to perform a study of the entire Industrial District. The City and stakeholders must begin the process to determine the highest and best uses for the properties located in the Industrial District. The current direction the city is taking is creating unintended hardships to local owners and businesses through a lack of proper planning. The Staff Report is inadequate in the following areas; • How parking will be impacted by adding bars to the area. • Enforcing hours of operation and public intoxication. • Security and protection of neighboring properties: trash, special events, public urination, and property damage. Elliott Building, LLC and Elliott Loft, LLC reserve the right to bring all legal actions available to us based on the above objections to the proposed project. Conclusion Thank you very much for considering our concerns and comments regarding not only the current amendment but also the Industrial District. We desire to continue operating our marine business in our building. The question is whether special interests or other zoning issues will allow us to continue operating in Newport Beach. We are more than happy to open a dialog with you and the City Staff regarding the future of the Industrial District. We look forward to working with you. Sincerely, Ian Elliott Elliott Loft, LLC Planning Commission - November 19, 2020 Item No. 3a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) November 19, 2020, Planning Commission Item 3 Comments These comments on a Newport Beach Planning Commission agenda item are submitted by: Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3. INDUSTRIAL ZONING (IG) ZONING DISTRICT CODE AMENDMENTS (PA2020-042) I stand by my previous comments, as reproduced on pages 95-96 and 100-101 of the present staff report. I continue to think the IG district should be reserved for industrial uses and uses supporting the industrial uses as envisioned in the General Plan. I remain unable to see the wine tasting rooms described in this proposal as a use supporting the neighboring industrial businesses. They seem to belong in other parts of town. I also continue to see inconsistencies between the staff report and the ordinance. For example, the report says, on page 4, that “No production is allowed at the tasting room site.” Not only is a prohibition on wine production, as previously noted, completely contrary to the purpose of the IG zone, but I can find nothing in the ordinance that would enforce such a restriction. Similarly, the same paragraph says “the operator is allowed to serve palate cleansers, such as charcuterie and cheese boards.” But as I understand it charcuterie means “meat” and the list of allowable food items in the ordinance (“bread, crackers, cheeses or nuts”) would appear to exclude meat products. And although not mentioned in the staff report, Finding 3.2 on page 36 assures the public the new use will not operate as a “wine bar.” But I can find nothing in the ordinance ensuring that. As the Commission is likely unaware, last week, on November 12, the Zoning Administrator approved an application (Balboa Wine, PA2020-266) for a small wine-tasting establishment in Balboa Village. Although it involved the same Type 02 (Winegrowers) Alcoholic Beverage Control (ABC) license, it was described as “wine sales and accessory wine tastings.” In that case, the tasting “pours” were limited to two ounces – precisely to prevent it from operating as a wine bar. I see no such limitation on these new “tasting rooms.” That suggests to me that unlike an establishment where the tasting is in preparation for a possible purchase of the grower’s product, the proposed new “tasting” rooms are being envisioned as establishments where onsite drinking is the primary activity and off-sale purchases of the product are strictly incidental to that. I further remain baffled why this newly-defined use is proposed to be allowed only in the IG district, making it unavailable in any other part of the City – many of which would seem more appropriate for it. Planning Commission - November 19, 2020 Item No. 3a Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) LAW OFFICES OF PHILLIP B GREER East Tower 4OOO MacArthur BIvd suite 6oo Newport Beach, Califomia　9266o (949) 584-9379 車最_車串墨∴士　( November 18, 2O2O Eric Weigand, Chair Newpo虹Beach plaming Commission lOO Civic Center Drive Newport Beach, Califoma 92660 Re: Industrial Zoning Code Amendment (PA2O20-O42) Dear Chair Weigand: This o塙ce represents Orange Coast Winery and we are writing today in SuPPOrt Of the above referenced proposed zoning Code Amendment. As you may reca11, this matter was retumed to the Plaming Commission by the City Council so as to a11ow the Plaming Commission to determine whether or not the proposed zoning amendment is spot zoning (it is not) and whether or not a public bene紐exists for the implementation of the amendment (it does). Planning sta任followed up on this directive and produced the very detailed and COmPrehensive report which accompanies their recommendation to approve the ZOning amendment, Per the direction ofthe City Council, a V正ual workshop was conducted by Planning Commission staff on October 19, 2O2O. Thiny one (31) community members participated, including two members ofthe City Council・ The input was OVerWhelmingly in support of the amendment, with only three individuals voicing SOme C9nCem. In fact, many members ofthe community actually supported a greater expansIOn Ofthe use options in the area. Staff found that the proposed amendment was consistent with the General Plan and that the operation of a wine tasting room in the area is not unprecedented. Moreover’Sta任found that the proposed amendment is not spot zoning and did PrOVide a public benefit’the definition ofwhich staff has included in the proposed resolution. Planning Commission - November 19, 2020 Item No. 3b Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) LAW OFFICES OF PHILLIP GREER E Weigand Re: Zone Amendment November 18, 2O2O This amendment wi11 serve to enhance the surrounding community without negatively impacting adjoining businesses or residences. It wi11, in fact, COmPliment existing businesses and provide additional social oppo虹unities for the local neighborhoods. It is compatible with the existing general plan and, mOSt likely, a forbearer ofwhat is to come in the area when the City’s revamps the General Plan. As such, We urge aPPrOVal ofthe proposed zoning amendment. Planning Commission - November 19, 2020 Item No. 3b Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) From:TOM CASTRO To:Planning Commissioners Subject:Please reconsider the zoning for bars and wine tasting at the Monrovia and 16th location. Rarely do we see a police presence or parking control. There’s also 3 prominent schools with young children in a 1 block area. I’m a 31 year business owner and wo... Date:Thursday, November 19, 2020 8:55:34 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Planning Commission - November 19, 2020 Item No. 3b Additional Materials Received Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Zoning Amendment Wine Tasting Rooms in Industrial Zone Planning Commission November 19, 2020 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Background Previous Actions April 14 –City Council Initiates Code Amendment and directs staff to analyze allowing food and alcohol service in the Industrial Zoning District July 23 –Planning Commission Recommends approval of wine tasting ordinance, removes 500-foot separation from similar uses August 25 –City Council Adds 500-foot separation from similar uses Additional public outreach Send back to Planning Commission within 90 days Community Development Department -Planning Division 2 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Background Public Outreach Public Outreach Mailed, hand delivered over 800 workshop invitations Social media, website, NewsSplash Virtual Community Workshop (Oct. 19) 31 attendees Noticing for Planning Commission 18 postings in neighborhood Expanded radius for mailed notices Newspaper Email to workshop participants Community Development Department -Planning Division 3 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 4 General Industrial Intended to provide a wide range of moderate to low intensity industrial uses, such as light manufacturing and research and development, and limited ancillary commercial and office uses Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 5 Industrial Zoning District (IG) IG IG IG Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 6 20.24.010 Purposes of Industrial Zoning District Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Proposed Amendment ABC Type 2 License Community Development Department -Planning Division 7 Winery -Master License -On-Site Production Wine Tasting Room -Duplicate License -No Production -On-or Off-Site Consumption -Only sell wine produced at Winery Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Proposed Amendment Wine Tasting Rooms Requires approval of a Conditional Use Permit No beer or distilled spirits Allows on-or off-site consumption Cannot operate as restaurant Community Development Department -Planning Division 8 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Proposed Amendment Wine Tasting Rooms No live entertainment Hours of Operation Limits Monday through Friday from 4:00 p.m. to 11:00 p.m. Saturday and Sunday from 12:00 p.m. to 11:00 p.m. Parking Requirement 1 space per each 4 persons Separation Requirements Community Development Department -Planning Division 9 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 10 Separation from Schools 500 Feet Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 11 Available Buildings Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Separation Between Wine Tasting Rooms Community Development Department -Planning Division 12 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 13 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 14 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Community Development Department -Planning Division 15 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) Recommended Action Community Development Department -Planning Division 16 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042) For more information contact Questions? Comments? Chelsea Crager, Associate Planner 949-644-3227 ccrager@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 17 Planning Commission - November 19, 2020 Item No. 3c Additional Materials Presented at Meeting by Staff Industrial Zoning (IG) Zoning District Code Amendments (PA2020-042)