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Home My WebLink AboutPA2019-190 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 100 Civic Center Drive, P.O. Box 1768, Newport Beach, CA 92658-8915 (949) 644-3200 www.newportbeachca.gov ZONING COMPLIANCE LETTER (VIA EMAIL) November 1, 2019 Reference No. PA2019-190 BBG Attn: Kimberley Eppes, CP 75 Innovation Drive #2307 Greenville, SC 29607 RE: 100 Newport Center Drive, Newport Beach, CA 92660 442-231-13 Dear Ms. Eppes: The above referenced property is currently located within the Office Regional Commercial (OR) Zoning District and designated as Regional Commercial Office (CO-R) within the Land Use Element of the General Plan. The property is located within Anomaly 35 of the General Plan. The property is not located within a Planned Unit Development or an overlay district. For the abutting properties to the north, the Zoning District is Planned Community - PC56 (North Newport Center) Fashion Island Sub-Area and the General Plan land use designation is Regional Commercial (CR). The areas the south and east are also Zoned PC56, but within the Block 100 Sub-Area. The General Plan Designation is Regional Commercial Office (CO-R). The residential area to the west is zoned Multi-Unit Residential (RM) and within the Multiple-Unit Residential (RM) General Plan land use designation. At the time the building permits were finaled, the building and parking requirements were in substantial conformance with the development standards of the City of Newport Beach Municipal Code. If the subject property does not comply with the current regulations, it is considered to be nonconforming and is subject to Chapter 20.38 (Nonconforming Uses and Structures) of the Newport Beach Municipal Code. PA2019-190 Page 2 Zoning Compliance - PA2019-190 Tmplt: 08-15-176 Research of the permit and entitlement history of the property verifies that discretionary approvals were acquired from the City of Newport Beach Planning Division for development of the property. Due to the number of applications and the associated file size, please contact the Planning Division for a copy of specific approvals. Please also contact the Planning Division for further details on any discretionary application:  Non-Habitable Use Covenant: Approved November 27, 2012. To accommodate the construction of a 330,973 square foot building, previous Council-approved transfers of existing building area had to either be demolished or rendered non-habitable pursuant to Section 6.1 of the Zoning Implementation and Public Benefit Agreement between the City and Irvine Company. Application authorized the Director to sign a covenant on behalf of the City regarding the restriction and use of building area within the NNCPC, specifically Block 100 and San Joaquin Hills Plaza.  CA2009-005 and PD2009-003: Approved November 10, 2009. Code Amendment and Planning Community Development Plan Amendment to incorporate portions of Block 100, Block 400, Block 800, and Newport Village into the North Newport Center Planned Community and a Code Amendment to change the zoning classification of these properties from APC, PC-28, PC-23, and PC-27 to PC-56. Revise districting maps for the North Newport Center Expansion.  MD5053: Approved March 8, 2008. Modification Permit for a sign program for a new commercial building to include 4 wall signs.  GP2004-001 and UP2004-017: Approved August 10, 2004. A General Plan Amendment and Use Permit to add 780 square feet to the existing building. Allow the use of sports collection expansion/cultural institution. Remodel existing first floor space for museum expansion and bank use.  PDUP No. 49: Approved November 1999. Allowed the establishment of a 4,250 square foot, fitness/physical therapy and training facility. The facility also included massage services as an accessory activity.  GPA No. 99-2 and PDUP No. 40: Approved September 1999. Request to expand the second floor office area in an existing building by approximately 882 square feet. Also included was a request to relocate a small sports memorabilia museum, known as the Newport Sports Collection Found ation, into the bottom floor of the building.  UP1762: Approved August 1975. Approval of two drive-up T.V. teller stations controlled from inside the facility. The subject property does not have any active complaints on record. For information regarding code violations, please contact the Code Enforcement Division at (949) 644-3215 and the Building Division at (949) 644-3200. Please contact the Building Division to obtain copies of Certificates of Occupancy. For information regarding plat maps or public rights-of way, please contact the Public Works Department at (949) 644-3311. Should you have any further questions, please contact me at (949) 644-3234, lwestmoreland@newportbeachca.gov. PA2019-190 Page 3 Zoning Compliance - PA2019-190 Tmplt: 08-15-176 Sincerely, ______________________________ Liz Westmoreland, Assistant Planner Enclosures: Aerial Map Municipal Code Section 20.20 PA2019-190 Feet Every reasonable effort has been made to assure the accuracy of the data provided, however, The City of Newport Beach and its employees and agents disclaim any and all responsibility from or relating to any results obtained in its use. Disclaimer: 11/1/2019 0 200100 PA2019-190 NEWPORT 0 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 1/5 20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements. A. Allowed Land Uses. Tables 2-4 and 2-5 indicate the uses allowed within each zoning district and the permit required to establish the use, if any, in compliance with Part 5 of this title (Planning Permit Procedures). B. Prohibited Land Uses. Any table cell with “—” means that the listed land use is prohibited in that specific zoning district. C. Applicable Regulations. The last column in the tables (“Specific Use Regulations”) may include a reference to additional regulations that apply to the use. TABLE 2-4 ALLOWED USES AND PERMIT REQUIREMENTS Commercial Office Zoning Districts Permit Requirements * P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed * Land Use OA OG OM OR Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, and Warehousing Uses Handicraft Industry P ——— Industry, Small (less than 5,000 sq. ft.) MUP ——— Personal Storage (mini storage) P ——— Research and Development, General P P P P Research and Development, Restricted MUP MUP MUP MUP Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities Small—5,000 sq. ft. or less (religious assembly may be larger than 5,000 sq. ft.) CUP CUP CUP CUP Commercial Recreation and Entertainment ———CUP Cultural Institutions P ——P Schools, Public and Private CUP CUP —CUP PA2019-190 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 2/5 Schools, Related to Medical Professions MUP MUP MUP MUP Retail Trade Uses Alcohol Sales (off-sale) MUP MUP MUP MUP Section 20.48.030 Alcohol Sales (off-sale), Accessory Only P MUP MUP P Retail Sales (less than 10,000 sq. ft.) MUP P P P Retail Sales (10,000 sq. ft. or greater) CUP ——— Pharmacy, Medical Supplies P P P P Service Uses—Business, Financial, Medical, and Professional ATM P P P P Convalescent Facilities ——P — Emergency Health Facilities/Urgent Care P P P P Financial Institutions and Related Services P P P P Hospitals ——CUP — Offices—Business P P P P Offices—Corporate P P —P Offices—Medical and Dental P P P P Offices—Professional P P P P Outpatient Surgery Facility P P P P Service Uses—General Ambulance Services P —P — Animal Sales and Services Animal Boarding/Kennels P ——CUP Section 20.48.050 Animal Grooming P MUP —MUP Section 20.48.050 Veterinary Services P CUP CUP CUP Section 20.48.050 Artists’ Studios P P —P Catering Services P P —P Day Care—General MUP MUP MUP MUP Eating and Drinking Establishments Accessory Food Service (open to public) P P P P Section 20.48.090 Bars, Lounges, and Nightclubs CUP ——CUP Section 20.48.090 PA2019-190 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 3/5 Fast Food (no late hours) (1)(2) P/MUP P/MUP —— Section 20.48.090 Fast Food (with late hours) (1) MUP MUP —— Section 20.48.090 Food Service (no alcohol, no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090 Food Service (no late hours) (1) MUP MUP MUP MUP Section 20.48.090 Food Service (with late hours) (1) CUP CUP CUP CUP Section 20.48.090 Take-Out Service, Limited (2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090 Emergency Shelters P ——— Section 20.48.100 Funeral Homes and Mortuaries, without crematorium MUP MUP MUP MUP Funeral Homes and Mortuaries, with crematorium CUP CUP CUP CUP Health/Fitness Facilities Small—2,000 sq. ft. or less P P P P Large—Over 2,000 sq. ft. MUP MUP MUP MUP Laboratories P P P P Maintenance and Repair Services P P —P Massage Establishments MUP MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP MUP MUP Section 20.48.120 Personal Services, General P P P P Personal Services, Restricted MUP MUP MUP MUP Postal Services P P P P Printing and Duplicating Services P P P P Smoking Lounges ———— Visitor Accommodations, Nonresidential Hotels, Motels, and Time Shares CUP —CUP — SRO Residential Hotel CUP CUP CUP CUP PA2019-190 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 4/5 Transportation, Communications, and Infrastructure Uses Communication Facilities P P —P Heliports and Helistops (3) CUP —CUP CUP Parking Facilities MUP MUP MUP MUP Parking Structures, adjacent to residential district —CUP CUP — Utilities, Minor P P P P Utilities, Major CUP CUP CUP CUP Wireless Telecommunication Facilities CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP Chapter 20.49 Vehicle Rental, Sale, and Service Uses Vehicle Sales, Office Only P P —P Vehicle/Equipment Rentals Office Only P P —P Vehicles for Hire CUP ——— Vehicle/Equipment Rentals and Sales CUP ——— Vehicle/Equipment Repair General CUP ——— Limited MUP ——— Vehicle/Equipment Services Automobile Washing/Detailing, self- service or accessory MUP MUP —MUP Service Stations CUP ——— Section 20.48.210 Other Uses Accessory Structures and Uses P P P P Drive-Through Facilities MUP MUP MUP MUP Section 20.48.080 Outdoor Storage and Display P P P P Section 20.48.140 Special Events Chapter 11.03 Temporary Uses LTP LTP LTP LTP Section 20.52.040 * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit Required. PA2019-190 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 5/5 a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. (3) Applicants for City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with all conditions of approval imposed by the Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County (ALUC), and by the Caltrans Division of Aeronautics. PA2019-190 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 1/2 20.20.030 Commercial Zoning Districts General Development Standards. New land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2-6 and Table 2-7, in addition to the development standards in Part 3 of this title (Site Planning and Development Standards). TABLE 2-6 DEVELOPMENT STANDARDS FOR COMMERCIAL OFFICE ZONING DISTRICTS Development Feature OA OG OM OR Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot Lot Area (1)25,000 sq. ft. 5,000 sq. ft. 25,000 sq. ft. 10,000 sq. ft. Lot Width 100 ft. 50 ft.100 ft. 100 ft. Setbacks The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front or adjacent to a street 15 ft N/A 15 ft.15 ft. Lots fronting on Old Newport Blvd. or Westminster Ave. N/A 0 N/A N/A Side (interior, each) Abutting nonresidential 0 0 0 0 Abutting residential N/A 5 ft.5 ft.N/A Side (Street side)15 ft. 15 ft.15 ft.15 ft. Lots fronting on Old Newport Blvd. or Westminster Ave. N/A 0 N/A N/A Rear 0 0 0 0 Abutting alley N/A 5 ft.N/A N/A Abutting residential N/A 5 ft.5 ft.N/A Floor Area Ratio 0.5 for office uses. 0.75 for warehouse uses. As identified on the Official Zoning Map. 0.75, except as identified on the Official Zoning Map. As identified on the Official Zoning Map. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. Within Shoreline Height Limit Zone 26 ft. with flat roof; less than 3/12 pitch 31 ft. with sloped roof; 3/12 or greater pitch Section 20.30.060 PA2019-190 11/1/2019 Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach20/NewportBeach2020.html#20.20 2/2 Development Feature OA OG OM OR Additional Requirements Not within Shoreline Height Limit Zone 32 ft. with flat roof; less than 3/12 pitch 37 ft. with sloped roof; 3/12 or greater pitch Within High Rise Height Limit Zone (See Figure H- 1, attached to the ordinance codified in this title). 300 ft. Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off-Street Parking). Signs See Chapter 20.42 (Sign Standards). (1) All development and the subdivision of land shall comply with the requirements of Municipal Code Title 19 (Subdivisions). PA2019-190 Zoning Compliance Application Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone / (949)644-3229 Facsimile www.newportbeachca.gov F:\Users\CDD\Shared\Admin\Planning_Division\Applications\Zoning Compliance\Info&App.docx Updated 3/11/13 PROPERTY OWNER(S) NAME ADDRESS CITY, STATE ZIP CODE EMAIL PHONE NO. FAX NO. APPLICANT(S)/CONTACT(S) NAME ADDRESS CITY, STATE ZIP CODE EMAIL PHONE NO. FAX NO. SITE/PROJECT ADDRESS ASSESSOR’S PARCEL NO. INFORMATION REQUEST Please Check the box(es) next to the requested information Current zoning/General Plan designation of the property Overlay district Abutting Zoning/General Plan designation Discretionary Approvals Legal nonconforming uses or structures Developed with Site Plan approval Other (attach additional sheet(s)) if necessary:____________________________________ DO NOT COMPLETE APPLICATION BELOW THIS LINE – FOR OFFICE USE ONLY Date Received: Planner Ext. Remarks: Fee Paid: Target Date: Form of Payment: Check No. Date Completed Receipt No. Date Mailed: 100 Newport Center Drive 459 116 16 75 Innovation Drive, 2307 Greenville,SC 29607 864-593-3434Keppes@bbgres.com X X X X X X Kimberley E. BBG- Kimberley Eppes, CP LW10.2.19 PA2019-190 PA2019-190 j l I j PA2019-190 BBG Tuesday, August 20, 2019 Jurisdiction: Newport Beach Attention: Zoning PROPERTY INFORMATION: Name: 100 Newport Center Drive Address: 100 Newport Center Drive City and State: Newport Beach, CA Current Use: Office To whom this may concern: BBG, Inc. has been commissioned to obtain a Zoning Verification Letter in connection with the above referenced site. Please provide a Zoning Verification Letter for the above-mentioned property. A form is attached with specific questions. Please include any supporting documentation on the development of the subject prope1iy. If a fee is associated with this request, please advise if credit card payment is an option or who the check should be payable to. Please send responses and documentation to Keppes@bbgres.com. In addition, we are on a tight deadline and was hoping to obtain a response within 1-2 weeks. Your help is greatly appreciated, please feel free to contact me with any questions or concerns. BBG Kimberley Eppes, CP Project Manager 75 Innovation Drive, 2307 Greenville, SC 29607 P 864-593-3434 E Keppes@bbgres.com bbgres.cg__nJ VALUATION+ ADVISORY+ ASSESSMENT+ ZONING llPage BBG ASS[SSMENTS. LLC locations Nationwide PA2019-190 BBG PROPERTY INFORMATION: Name: 100 Newport Center Drive Address: 100 Newport Center Drive City and State: Newport Beach, CA Current Use: Office 1. What is the current zone district ( classification) of the subject property? 2. What are the adjacent property zones to the North: _____ South: ______ East: _____ West: _____ ? 3. Is the current use of the subject considered a? a. Permitted Use by Right b. Permitted Use with Conditions c. Permitted Use with Conditional Use Permit d. Permitted Use with Special Use Permit e. Permitted Use with Site Plan Approval 4. Was the subject property granted any planning approvals such as variances, special/conditional use permits, special administrative approvals? ff so, please provide copies of the approved documentation. a. Variance b. Special Use Permit c. Conditional Use Permit d. Special Administrative Approvals Additional Information: 5. Did the subject property require and receive site plan approval during the construction phase of development? a. Yes, see a copy of the approved site plan attached to this letter. b. Yes; however, due to the age of the subject property a copy of the site plan is no longer on file with the municipality. BBG ASSESSMENTS. LLC Locations Nationwide PA2019-190 BBG c. Site Plan approval was not required during the construction phase of the subject prope11y. 6. Are there any plans for road construction that would result in condemnation or taking of the right-of-way from the subject property? a. There do not appear to be any plans for road construction that would result in condemnation or taking of the right-of-way from the subject property. b. There does appear to be plans for road construction that would result in condemnation or taking of the right-of-way from the subject property. (Please provide details or documentation for.future plans.) 7. Are you aware of any open zoning, building or fire code violations which apply to the subject property? a. There do NOT appear to be any open zoning, building or fire code violations which apply to the subject property. b. There does appear to be open zoning/building/fire code violations which apply to the subject property. (Please provide details and resolutions on open violations.) 8. Was the subject property issued a Certificate of Occupancy? a. Yes, see a copy of the issued certificate of occupancy attached to this letter. b. Yes; however, a copy of the issued certificate of occupancy is no longer on file with the municipality. Furthermore, the absence of a certificate of occupancy does not constitute as a violation. c. No, a Certificate of Occupancy is not required for the subject property. 9. Is a new Owner required to obtain an updated certificate of occupancy prior to use? a. Yes, a new owner is required to obtain an updated certificate of occupancy prior to use. b. A new owner is NOT required to obtain an updated certificate of occupancy prior to use. This information was researched on ___________ , 2019, by the undersigned, per request and as a public service. The undersigned certifies that the above information contained herein is believed to be accurate and is based upon or relates to the information supplied by the requestor. The Authority assumes no liability/or errors and omissions. All i11formation was obtained from public records, which may be inspected during regular business hours. BBG ASSESSM[NTS LLC Locations Nationwide PA2019-190 BBG PLANNING & ZONING/ BUILDING AUTHORITY Municipality: Department: Name and Title: Contact Information: Phone Number: Email: 41Page BBG ASSESSMENTS, LLC Locations Nationwide