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Home My WebLink AboutPA2019-269COMMUNITY 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 January 22, 2020 Reference No. PA2019-269 Kimley-Horn and Associates, Inc. Attn: Amelia Beltran 765 The City Dr. S #200 Orange, CA 92868 RE: 3049 East Coast Highway, Newport Beach, CA 92625 459-185-03 Dear Ms. Beltran: The above referenced property is currently located within the Commercial Corridor (CC)and designated as Corridor Commercial (CC) within the Land Use Element of the General Plan. The property is located within a Planned Unit Development or an overlay district. Permitted Uses The Zoning Code categorizes a pharmacy use as retail sales, which is permitted within the CC Zoning designation (see attached Zoning table). A 24-hour retail use is permitted. However, if there is alcohol sales, a use permit may be required. A “Minute Clinic,” if accessory to a pharmacy use, may be permitted depending on the nature of the use and its operational characteristics. A separate inquiry with more information on the “Minute Clinic” use is required for Zoning Clearance. Liquor sales and beer and wine sales (off-sale) are permitted with an approved minor use permit. Accessory sales (see definition below), is permitted by right. “Alcohol sales, off-sale” is defined as an establishment that sells, serves, or gives away alcoholic beverages for consumption off the premises and that is applying for or has obtained an ABC License Type 20 (off-sale beer and wine—package store) or License Type 21 (off-sale general—package store). The establishment shall include any immediately adjacent area that is owned, leased, rented, or PA2019-269 controlled by the licensee. Does not include an establishment that sells alcoholic beverages as an accessory line of merchandise. “Alcohol sales, off-sale, accessory only” is defined as an establishment that has all of the following characteristics: 1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold, served, or given away; 2. The establishment is applying for or has obtained an ABC License Type 20 (off-sale beer and wine—package store) or License Type 21 (off-sale general—package store); and 3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples include convenience markets, drug stores, grocery stores, and supermarkets, but do not include convenience markets. Lot Requirements The lot area of the subject property is 21,504 square feet, where the minimum required lot area of a newly created lot in CC is 5,000 square feet. The lot frontage and lot width is approximately 115 feet (see below), where the minimum lot width for a newly created lot in CC is 25 feet. PA2019-269 There are no required setbacks for the lot (see attached development standards). The maximum height for a flat roof is 32 feet, and the maximum height for a sloping roof is 37 feet. For landscaping standards, see the requirements attached (ZC Section 20.36). The parking requirement for a retail use is one space per 250 square feet of gross floor area. 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. 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) 644-3225. Sincerely, _________________________ David S. Lee, Assistant Planner Enclosures: Aerial Image Commercial Corridor Land Use Table Commercial Corridor Development Standards Chapter 20.36 Landscaping Standards Retail Sales Definition PA2019-269 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: 1/22/2020 0 200100 NEWPORT BEACH 0 PA2019-269 1/22/2020 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 TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS Commercial Retail 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 CC CG CM CN CV CV-LV 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 P P P P P Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities CUP CUP CUP CUP CUP CUP Commercial Recreation and Entertainment CUP CUP CUP CUP CUP CUP Cultural Institutions P P MUP —P — Schools, Public and Private —CUP CUP CUP CUP — Retail Trade Uses Alcohol Sales (off- sale) MUP MUP MUP MUP MUP MUP Section 20.48.030 Alcohol Sales (off- sale), Accessory Only P P P P P P Bulk merchandise —P —P —— Marine Rentals and Sales Boat Rentals and Sales —CUP CUP —CUP P Marine Retail Sales P P P —P P Retail Sales P P P P —— Visitor-Serving Retail P ———P P Service Uses—Business, Financial, Medical, and Professional ATM P P P P P P PA2019-269 1/22/2020 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 Emergency Health Facility/Urgent Care (above 1st floor only) MUP MUP ——MUP — Financial Institutions and Related Services P P —P P P Offices—Corporate (above 1st floor only) P P P P —— Offices—Business P P P P P P Offices—Medical and Dental P P —P P — Offices— Professional (above 1st floor only) P P P P P — Outpatient Surgery Facility (above 1st floor only) MUP MUP P ——— Service Uses—General Ambulance Services —MUP ———— Animal Sales and Services Animal Boarding/Kennels CUP CUP —CUP —— Section 20.48.050 Animal Grooming P P —P P — Section 20.48.050 Animal Retail Sales P P —P P — Section 20.48.050 Veterinary Services CUP CUP —CUP —— Section 20.48.050 Artists’ Studios P P P P P P Catering Services —P P P P — Day Care, General MUP MUP —MUP MUP — Eating and Drinking Establishments Accessory Food Service (open to public) P P P P P P Section 20.48.090 Bars, Lounges, and Nightclubs CUP CUP CUP CUP CUP — Section 20.48.090 Fast Food (no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090 Fast Food (with late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090 Food Service (no alcohol, no late hours) (1)(2) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090 PA2019-269 1/22/2020 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 Food Service (no late hours) (1) MUP MUP MUP MUP MUP MUP Section 20.48.090 Food Service (with late hours) (1) CUP CUP CUP CUP CUP CUP Section 20.48.090 Take-Out Service, Limited (2) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section 20.48.090 Funeral Homes and Mortuaries, without crematorium —MUP ———— Funeral Homes and Mortuaries, with crematorium —CUP ———— Health/Fitness Facilities Small—2,000 sq. ft. or less P P P P P P Large—Over 2,000 sq. ft. MUP MUP MUP MUP MUP — Laboratories —P ———— Maintenance and Repair Services P P —P —— Marine Services Boat Storage ——CUP ——— Boat Yards ——CUP ——— Entertainment and Excursion Services ——P —P P Title 17 Marine Service Stations ——CUP —CUP — Water Transportation Services ——MUP —MUP — Massage Establishments MUP MUP —MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP —MUP MUP MUP Section 20.48.120 Nail Salons P P —P P P Personal Services, General P P —P P P Personal Services, Restricted MUP MUP —MUP MUP — Studio P P —P P — Postal Services P P —P P — Printing and Duplicating Services P P —P —— Recycling Facilities PA2019-269 1/22/2020 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 Collection Facility —Small MUP MUP —MUP —— Section 20.48.160 Smoking Lounges —————— Visitor Accommodations Bed and Breakfast Inns MUP MUP MUP —MUP CUP Section 20.48.060 Hotels and Motels CUP CUP CUP —CUP CUP RV Parks ————CUP — Time Share Facilities —CUP ——CUP — Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP — Transportation, Communications, and Infrastructure Uses Communication Facilities MUP P MUP —P P Marinas Title 17 Marina Support Facilities ——MUP —MUP — Parking Facilities MUP MUP MUP MUP MUP MUP Parking Structure, adjacent to residential zoning district CUP CUP —CUP CUP CUP Utilities, Minor P P P P P P Utilities, Major CUP CUP CUP CUP CUP CUP Wireless Telecommunication Facilities CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP CUP/MUP/LTP Chapter 20.49 Vehicle Rental, Sale, and Service Uses Vehicle/Equipment Rentals General —CUP ——CUP — Office Only P P P P P — Limited P P P —P — Vehicles for Hire —CUP ——CUP — Vehicle/Equipment Repair General —CUP ———— Limited MUP MUP MUP ——— Vehicle/Equipment Sales General —CUP ———— Office Only P P P P P — Limited —P ———— Vehicle/Equipment Services PA2019-269 1/22/2020 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 Automobile Washing/Detailing, full service —MUP —MUP MUP — Automobile Washing/Detailing, self-service or accessory P P —P MUP — Service Stations CUP CUP —CUP CUP — Section 20.48.210 Other Uses Accessory Structures and Uses P P P P P P Drive-Through Facilities MUP MUP MUP MUP MUP — Section 20.48.080 Special Events Chapter 11.03 Outdoor Storage and Display P P P P P MUP Section 20.48.140 Temporary Uses LTP LTP LTP LTP LTP LTP Section 20.52.040 * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. (Ord. 2015-35 § 6 (Exh. C), 2015; Ord. 2015-15 § 1, 2015; Ord. 2014-1 §§ 3, 4, 2014; Ord. 2013-4 §§ 1, 2, 2013; Ord. 2010-21 § 1 (Exh. A)(part), 2010) PA2019-269 1/22/2020 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 1/4 TABLE 2-7 DEVELOPMENT STANDARDS FOR COMMERCIAL RETAIL ZONING DISTRICTS Development Feature CC CG CM CN CV CV-LV Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot Lot Area (1)5,000 sq. ft. 10,000 sq. ft. N/A 20,000 sq. ft N/A 10,000 sq. ft. Lot Width 25 ft. 50 ft. N/A 100 ft. N/A 50 ft. Setbacks Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback Areas) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 0 0 Newport Blvd: 1 ft. for below grade structures; 20 ft. for structures up to 35 ft. in height; 60 ft. for structures over 35 ft. in height Side (interior, each): Abutting nonresidential 0 0 0 0 0 1 ft. for below grade structures; 5 ft. for above grade structures Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. PA2019-269 1/22/2020 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 2/4 Development Feature CC CG CM CN CV CV-LV Additional Requirements Side (Street side) 0 0 0 0 0 32nd Street: 1 ft. for below grade structures; 1 ft. for structures up to 35 ft. in height; 70 ft. for structures over 35 ft. in height (4) Via Oporto: 0 Rear: Abutting an alley 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 5 ft. Not abutting an alley 0 0 0 0 0 0 Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Open Space N/A N/A N/A N/A N/A 20% Bulkhead Setback Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. Floor Area Ratio (2) (3) The specific floor area limitations for each zoning district are identified on the Zoning Map. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. PA2019-269 1/22/2020 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 3/4 Development Feature CC CG CM CN CV CV-LV Additional Requirements 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 55 ft. with flat roof, less than 3/12 roof pitch; 60 ft. with sloped roof, 3/12 roof pitch or greater (5)(6)20.30.060 See CLUP Policy 4.4.2-1 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 N/A Within High Rise Height Area (See Figure H-1, attached to the ordinance codified in this title). 300 N/A Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off-Street Parking). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 (Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) Setbacks to 32nd Street do not apply to Fire Station No. 2. PA2019-269 1/22/2020 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 4/4 (5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. (6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. PA2019-269 1/22/2020 Chapter 20.36 LANDSCAPING STANDARDS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2036.html#20.36.050 1/6 Chapter 20.36 LANDSCAPING STANDARDS Sections: 20.36.010 Purpose. 20.36.020 Applicability. 20.36.030 Exempt Projects. 20.36.040 Alternatives to Requirements. 20.36.050 General Landscape Standards. 20.36.060 Landscape and Irrigation Plans. 20.36.070 Landscape and Irrigation Plan Standards. 20.36.010 Purpose. This chapter establishes requirements and standards for landscaping to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air and water quality, and protect pedestrian and vehicular traffic and safety. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.36.020 Applicability. A. New Projects. New nonresidential projects and new multi-unit residential projects shall provide landscaping in compliance with this chapter. B. Existing Development. When alterations or expansions to existing nonresidential developments are proposed, the applicant shall comply with the requirements of this chapter to the greatest extent feasible, as determined by the Director. The approval of a discretionary application for alterations or expansions to an existing nonresidential development may include conditions of approval requiring compliance with the requirements of this chapter. This chapter does not apply to changes of use or interior tenant improvements that do not require discretionary approval. C. Municipal Code Requirements. In addition to the requirements of this chapter the requirements of Chapter 14.17 (Water-Efficient Landscaping) shall also apply. PA2019-269 1/22/2020 Chapter 20.36 LANDSCAPING STANDARDS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2036.html#20.36.050 2/6 D. Timing of Installation. Required landscape and irrigation improvements shall be installed before issuance of a certificate of occupancy. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.36.030 Exempt Projects. This chapter shall not apply to: A. Single-unit and two-unit projects, except as provided in Section 20.38.050(A) (Impervious Surfaces in R-1 and R-2 Zones); B. Registered historical sites; and C. Ecological restoration projects. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.36.040 Alternatives to Requirements. The review authority may modify the standards of this chapter to accommodate alternatives to required landscape materials or methods when the review authority determines that the proposed alternative would be equally or more effective in achieving the purposes of this chapter. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.36.050 General Landscape Standards. A. Impervious Surfaces in R-1 and R-2 Zones. 1. Impervious surface areas, excluding driveways, shall not exceed fifty (50) percent of the front yard area with the remaining area landscaped with plant material. The use of pervious materials for walkways, porches, and outdoor living areas is allowed. 2. Where the typical neighborhood pattern of front yards has been developed with hardscaped outdoor living areas that exceed the fifty (50) percent maximum for impervious surfaces the Director may waive this requirement. B. Safety Requirements. Landscape materials shall be located so that at maturity they do not: 1. Interfere with safe sight distances for vehicular, bicycle, or pedestrian traffic in compliance with Section 20.30.130 (Traffic Safety Visibility Area); 2. Conflict with overhead utility lines, overhead lights, or walkway lights; or 3. Block roadways, pedestrian access, or bicycle ways. C. Maintenance. PA2019-269 1/22/2020 Chapter 20.36 LANDSCAPING STANDARDS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2036.html#20.36.050 3/6 1. Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan. 2. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage (Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage (Section 14.16.090). 3. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials. 4. Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis. 5. Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible. D. Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited. (Ord. 2015-26 § 1, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.36.060 Landscape and Irrigation Plans. A. Plans Required. A landscape and irrigation plan shall be submitted as part of the application for a zoning clearance or discretionary application approval except for single-unit and two-unit developments. B. Content and Preparation. 1. Required Information. Landscape plans shall contain the information required by the Department. 2. Preparation by Qualified Professional. Landscape plans shall be prepared by California licensed landscape architects, licensed landscape contractors, certified nurserymen, project architects, or other professionals determined by the Department to be qualified. C. Review and Approval. The review authority shall review each landscape plan to verify its compliance with the provisions of this chapter. PA2019-269 1/22/2020 Chapter 20.36 LANDSCAPING STANDARDS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2036.html#20.36.050 4/6 D. Statement of Surety. When required by the review authority a performance guarantee security in the form of cash, performance bond, letter of credit, or instrument of credit in an amount equal to one hundred (100) percent of the total value of all plant materials, irrigation, installation and maintenance shall be posted with the City. E. Changes to Approved Landscape Plans. The Director may authorize minor changes to an approved landscape plan that do not affect the theme or character established for the project or other provisions required by this chapter. F. Certification of Landscape Completion. The completion of required landscaping and irrigation improvements shall be certified by the preparer of the landscape and irrigation plan through a signed statement submitted to the Director. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) 20.36.070 Landscape and Irrigation Plan Standards. A. Landscape Design. The required landscape plan shall be designed to integrate all elements of the project (i.e., structures, parking lots, streets, and other elements), enhance the aesthetic quality of the site, and minimize water and energy demands. B. Landscape Location Requirements. Landscaping shall be provided in all areas of a site as follows. 1. Setbacks, Open Areas, and Easements. All setback and open space areas required by this Zoning Code shall be landscaped, except where they are to be retained and maintained in their natural state and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter. 2. Unused Areas. All areas of a project site not intended for a specific use, including a commercial pad site intended for future development, shall be landscaped unless retained and maintained in their natural state and the review authority determines that landscaping is not necessary to achieve the purposes of this chapter. 3. Parking Areas. Parking areas shall be landscaped as outlined in Section 20.40.070(Development Standards for Parking Areas). C. Plant Material. 1. Variety. Landscaping shall include trees, shrubs, and groundcovers. 2. Quality. Plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of PA2019-269 1/22/2020 Chapter 20.36 LANDSCAPING STANDARDS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2036.html#20.36.050 5/6 Nurserymen, or the equivalent. 3. Size at Time of Planting. Plant materials shall be sized and spaced to achieve immediate effect and shall be a mixture of fifteen (15) gallon, twenty-four (24) inch box, and thirty-six (36) inch box containers for trees, minimum five-gallon container for shrubs, and six-inch pots for mass planting, unless otherwise required or approved by the review authority. D. Plant Selection and Grouping. Plant materials shall be selected for low water demand and drought tolerance; adaptability and relationship to the Newport Beach environment, and the geological and topographical conditions of the site; color, form, and pattern; ability to provide shade; and soil retention capability. 1. Drought Tolerant Species. Landscape designs shall emphasize the use of drought tolerant plant species (xeriscape). 2. Invasive Plant Species. Invasive plants are generally those identified by the California Invasive Plant Council and California Native Plant Society in their publications. The planting of invasive species shall be prohibited in the following areas: a. Sensitive habitat areas; b. Sites where a biological survey has identified significant natural habitat; and c. Within fifty (50) feet of a designated environmentally sensitive habitat area. 3. Deciduous Trees. Landscape designs shall maximize the use of deciduous trees. 4. Grouping of Plants. Plants having similar water use requirements shall be grouped together in distinct hydrozones. E. Minimum Dimensions. Each area of landscaping shall have a minimum interior width of three feet for shrubs and groundcover and four feet for trees. F. Soil Conditioning and Mulching. Soil shall be prepared and/or amended to be suitable for the landscape material to be installed. G. Irrigation System Requirements. 1. All landscaped areas, except those intentionally maintained with native plants, shall include an automatic irrigation system. PA2019-269 1/22/2020 Chapter 20.36 LANDSCAPING STANDARDS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2036.html#20.36.050 6/6 2. Water-efficient systems (e.g., drip, mini-spray, bubbler-type, or similar drip systems) shall be used whenever feasible. Low-flow sprinkler heads with matched precipitation rates shall be used when spray or rotor-type heads are specified for watering shrubs and groundcover areas. 3. Multi-program controllers with separated valves and circuits shall be used when the project contains more than one type of landscape treatment (e.g., lawn, groundcover, shrub, tree areas), or a variety of solar aspects. 4. Soil moisture-sensing devices and rain sensors shall be used on projects with more than one thousand (1,000) square feet of landscaped area. The use of satellite-based controllers is encouraged. 5. The review authority may require soil moisture-sensing devices and rain sensors for any project. 6. Watering shall be scheduled at times of minimal wind conflict and evaporation loss. 7. Sprinkler heads shall have matched precipitation rates within each valve zone. 8. Check valves are required where elevation differential may cause low head drainage. 9. Overspray or run-off onto paved areas is prohibited. (Ord. 2010-21 § 1 (Exh. A)(part), 2010) PA2019-269 1/22/2020 Chapter 20.70 DEFINITIONS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2070.html#20.70 1/3 Retail Sales (Land Use). 1. General. Retail establishments, completely enclosed within structures, engaged in selling goods or merchandise to the general public. Examples of these establishments and lines of merchandise include: a. Antiques. b. Appliances. c. Artists’ supplies. d. Automotive parts and accessories. e. Bakeries (retail only). f. Bicycle sales and rentals. g. Books. h. Cameras and photographic supplies. i. Carpeting and floor covering. j. Clothing and accessories. k. Convenience market. l. Drug and discount stores. m. Electronic equipment. n. Fabrics and sewing supplies. o. Florists and houseplant stores (indoor sales only). p. Gift shops. q. Grocery store. r. Handcrafted items. PA2019-269 1/22/2020 Chapter 20.70 DEFINITIONS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2070.html#20.70 2/3 s. Hardware. t. Hobby materials. u. Jewelry. v. Kitchen utensils. w. Locksmiths. x. Luggage and leather goods. y. Medical supplies and equipment. z. Musical instruments, parts and accessories. aa. Newsstands. bb. Office supplies. cc. Orthopedic supplies. dd. Paint and wallpaper. ee. Pharmacies. ff. Religious goods. gg. Secondhand clothing sales. hh. Shoe stores. ii. Small wares. jj. Specialty food and beverage. kk. Specialty shops. ll. Sporting goods and equipment. mm. Stationery. PA2019-269 1/22/2020 Chapter 20.70 DEFINITIONS https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2070.html#20.70 3/3 nn. Supermarket. oo. Tobacco. pp. Toys and games. qq. Travel services. PA2019-269 frtw 1q -z f/t \ iri~ /lC-t Zoning Compliance Application PROPERTY OWNER(S) 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 NAME MSM Global Ventures ADDRESS CITY, STATE I ZIP CODE 17475 Gillette Irvine, CA 92614 EMAIL PHONE NO . mark@msmglobal .com 949-350-4019 I FAX NO . APPLICANT(S)/CONT ACT(S) NAME Amelia Beltran ADDRESS CITY, STATE 765 The City Dr S #200 Orange, CA EMAIL PHONE NO . amelia.beltran@kimley-horn.com 916-859-3641 SITE/PROJECT ADDRESS 3049 Eas~oast Highway, Corona Del Mar, CA 92625 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 I FAX NO . ASSESSOR'S PARCEL NO. 459-185-03 I ZIP CODE 92868 IZ Other (attach additional sheet(s)) if necessary :_S_e_e_a_t_ta_c_h_e_d __________ _ Date Received : Fee Paid : Form of Payment: Receipt No . DO NOT COMPLETE APPLICATION BELOW THIS LINE -FOR OFFICE USE ONLY \?.-2's~Lq I Check No . Planner I Ext . bc.25 Remarks : ot.. Pf\"2-01'\ -Z-6'°1 Target Date : Date Completed Date Mailed: F:\Users\C DD \S hared\Admin\Pl anning _Divi sion\Ap pli ca ti ons\Zoning Compli ancellnfo&A pp .docx Updated 3/11 /13 PA2019-269 December 23, 2019 City of Newport Beach -Planning Department 100 Civic Center Dr, Newport Beach, CA 92660 When complete, please have the letter sent to the following address: Kimley-Horn and Associates, Inc. Attn: Amelia Beltran 765 The City Dr S #200, Orange, CA 92868 Property Address: 3049 East Coast Highway, Corona Del Mar, CA 92625 (Existing Smart & Final) Below is a list of items that our client would like to see included in the zoning conformity letter: • Zoning Designation • Is pharmacy use allowed in the current zone? • Is retail use allowed in the current zone? • 24 hour use allowed? • Liquor sales & Beer and Wine sales allowed? • Minute Clinic allowed? • Minimum Lot Area • Minimum Lot Frontage • Minimum Lot Width • Height Limitation • Maximum Floor Area Ratio (or other type of bulk restrictions) • Maximum Lot Coverage • Front Yard Requirements • Side Yard Requirements • Rear Yard Requirement • Parking Restrictions • Loading Requirements • Landscaping Requirements • Setback of Parapet Requirements NOTE: For the listed items above that are not applicable given what currently exists on the property, please indicate with an "N/A." Please let us know if you have any questions or need anything further. Thank you, Amelia Beltran 916-859-3641 Amelia . beltra n@kim ley-horn .com PA2019-269 [LETTERHEAD OF ZONING AUTHORITY] Date CVS Pharmacy, Inc., its parent, affiliates and subsidiaries, and their successors, assigns and grantees One CVS Drive Woonsocket, Rhode Island 02895 Re: CVS/pharmacy located ________________ (the "Project//) Gentlemen: Please be advised that : (i) the above referenced Project is located within the township limits of _________ [name of Municipality] and is zoned ______________ _, which zoning designation allows commercial retail uses including the use of a retail drug store and/or pharmacy with drive-thru window(s) as a matter of right, (ii) the Project is not located within an overlay zone district (such as, for example, a PUD or a historical district), (iii) there are no violations of zoning law, or non-conforming uses, and (iv) the Project is in compliance with all applicable zoning and subdivision laws, ordinances and regulations (including, without limitation, all those establishing or relating to parking requirements). Sincerely, By: Name: Title: PA2019-269