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HomeMy WebLinkAboutPA2021-290_20220105_Zoning Compliance Letter 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) January 5, 2022 Reference No. PA2021-290 AEI Consultants Attn: Talia Matarazzo tmatarazzo@aeiconsultants.com RE: 471 Old Newport Boulevard, Newport Beach, CA 92663 425 271 05 Dear Ms. Matarazzo: The above referenced property is currently located within the OG (Office— General) Zoning District and categorized as General Commercial Office (CO-G) within the Land Use Element of the General Plan. The property is not located within a Planned Unit Development or an overlay district. The abutting properties to the north, east, and south, are zoned OG (Office— General) and are categorized as General Commercial Office (CO-G) within the Land Use Element of the General Plan. The properties to the west (i.e., across Newport Boulevard) are zoned OM (Office—Medical) and are categorized as Medical Commercial Office (CO-M) within the Land Use Element of the General Plan. At the time the building permits were finalized, 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. 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. With the exception of the discretionary Page 2 Zoning Compliance – PA2021-290 Tmplt: 08-15-176 approvals for signs, copies of those approvals are attached. Please contact the Planning Division for further details on any discretionary application: • Use Permit No. UP2038. Approved on December 14, 1981. To allow the construction of a condominium office building. • Use Permit No. UP1276. Approved on June 1, 1967. To allow the wholesale of electrical supplies and lighting equipment. • Use Permit No. UP0969. Approved on July 18, 1963. To allow a plumbing shop in a C-1 zone. • Use Permit No. UP0888. Approved on September 20, 1962. To allow a commercial school (including typing, shorthand, spelling, etc.). 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 jperez@newportbeachca.gov. By: Enclosures: Aerial Map Municipal Code Section 20.20.020 Table 2-4 Table LU1 of the Land Use Element of the General Plan Use Permit No. UP2038 Use Permit No. UP1276 Use Permit No. UP0969 Use Permit No. UP0888 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: 12/9/2021 0 233117 12/9/21, 3:58 PM Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2020.html#20.20.020 1/6 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 12/9/21, 3:58 PM Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2020.html#20.20.020 2/6 Cultural Institutions P ——P Schools, Public and Private CUP CUP —CUP 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 12/9/21, 3:58 PM Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2020.html#20.20.020 3/6 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 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 12/9/21, 3:58 PM Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2020.html#20.20.020 4/6 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 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 12/9/21, 3:58 PM Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2020.html#20.20.020 5/6 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. 12/9/21, 3:58 PM Chapter 20.20 COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) https://www.codepublishing.com/CA/NewportBeach/#!/NewportBeach20/NewportBeach2020.html#20.20.020 6/6 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. 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. Land Use Element Newport Beach General Plan 3-13 Table LU1 Land Use Plan Categories Land Use Category Uses Density/ Intensity VISITOR SERVING COMMERCIAL – LIDO VILLAGE—CV-LV The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed As specified by Table LU2 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. 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 540 units Hotel: 65 rooms in addition to those specified in Table LU2 Other: Nonresidential: As specified by Table LU2 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. 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. 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.