HomeMy WebLinkAboutPA2023-0023_20230302_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
March 2, 2023
Reference No. PA2023-0023
The Planning & Zoning Resource Company
1300 S. Meridian Ave, suite 400
Oklahoma City, OK 73108
c/o Tiffany Golson
RE: 401 Newport Center Drive, Suite A104, Newport Beach, CA 92660
APN: 442-021-29
Dear Ms. Golson:
The above referenced property is currently located within the Planned Community
56 (North Newport Center) Zoning District, in the Fashion Island sub-area, and is
categorized as Regional Commercial (CR) within the Land Use Element of the
General Plan. The property is not located within a Planned Unit Development or
an overlay district.
All abutting properties are also zoned PC-56, within the Fashion Island sub-area,
and categorized as Regional Commercial within the Land Use Element of the
General Plan.
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.
Research of the permit and entitlement history of the property verified that
discretionary approvals were acquired from the City of Newport Beach Planning
Division for the development of the property. With the exception of the
discretionary approvals for signs, copies of those approvals are attached. Please
contact the Planning Division for further details on any discretionary application:
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The following discretionary approvals were acquired from the City of Newport
Beach:
• Zoning Clearance ZC2020-020 (PA2020-359).
Approved December 16, 2020. To allow the Lucid Motors Boutique
showroom in Fashion Island.
• Emergency Temporary Use Permit No. UP2020-184 (PA2020-342)
Amendment to UP2020-159).
Approved August 13, 2020. Restaurants Temporary Outdoor Seating Area
additions or extensions due to COVID-19 social distancing requirements.
• Emergency Temporary Use Permit No. UP2020-159 (PA2020-276)
Amendment to UP2020-141).
Approved October 14, 2020. Fashion Island Restaurant Temporary
Seating Areas due to COVID-19 social distancing requirements.
• Emergency Temporary Use Permit No. UP2020-141 (PA2020-243)
Amendment to UP2020-129).
Approved September 4, 2020. Fashion Island Restaurant Temporary
Seating Areas due to COVID-19 social distancing requirements.
• Emergency Temporary Use Permit No. UP2020-129 (PA2020-231)
Amendment to UP2020-105).
Approved August 13, 2020. Fashion Island Restaurant Temporary Seating
Areas due to COVID-19 social distancing requirements.
• Emergency Temporary Use Permit No. UP2020-105 (PA2020-196)
(Amendment to UP2020-053).
Approved August 4, 2020. Fashion Island Restaurant Temporary Seating
Areas due to COVID-19 social distancing requirements.
• Emergency Temporary Use Permit No. UP2020-053 (PA2020-132)
(Amendment to UP2020-027).
Approved July 3, 2020. Fashion Island Restaurant Temporary Seating
Areas due to COVID-19 social distancing requirements.
• Emergency Temporary Use Permit No. UP2020-027 (PA2020-100).
Approved June 10, 2020. Fashion Island Restaurant Temporary Seating
Areas due to COVID-19 social distancing requirements.
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• Amendment to Planned Community Development Plan and General Plan
(PA2019-227).
Withdrawn May 19, 2020.
To allow Limited Commercial Office Zoning within the Fashion Island
Regional Center.
• Transfer of Development Rights (TD2015-001; PD2015-003; PA2015-
109).
Approved November 10, 2015. To amend the North Newport Center
Planned Community development plan to: a) update development limits to
reflect past transfers of development, b) increase the maximum
development allocation for block 100 by 21,161 square feet, c) add two (2)
existing buildings (2071 and 2101 San Joaquin Hills Road), d) provide a
10-foot additional height allowance for architectural features and rooftop
appurtenances, and e) modify allowed uses, parking requirements, and
sign regulations. 2) An amendment of the block 500 planned community
district regulations to remove two existing buildings, specifically 2071 and
2101 San Joaquin Hills Road. 3) A transfer of unbuilt development from
the corporate plaza and corporate plaza west planned communities to the
North Newport Center Planned Community block 100. 4) Amendments of
the corporate plaza and corporate plaza west planned community district
regulations to reduce the maximum development allocations to be
consistent with the requested transfer of development.
• Amendment to UP2012-006 (PA2013-087).
Approved June 13, 2013. To extend hours of service of a Type 47 (On-
Sale General for Bona Fide Public Eating Place) Alcoholic Beverage
Control (ABC) license for Mrs. Gooch’s Natural Foods Market within
Whole Foods grocery store.
• Minor Use Permit No. UP2012-006 (PA2012-050).
Approved June 13, 2012. To allow the establishment of a Type 47 (On-
Sale General for Bona Fide Public Eating Place) Alcoholic Beverage
Control (ABC) license for a restaurant within the new Whole Foods
Market. The project is exempt under Section 15061.b.3, of the California
Environmental Quality Act (CEQA) Guidelines – General Rule Exemption.
• Transfer of Development Intensity & Traffic Study (TD2012-002; TS2012-
004).
Approved July 24, 2012. To convert un-built non-residential development
intensity (79 hotel rooms assigned to general plan anomaly site no. 43) to
multi-family residential development intensity (79 multi-family units) and
transfer of the converted development intensity into the NNCPC.
Accompanying traffic study pursuant to the city's traffic phasing ordinance
(TPO).
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• Planned Community Development Plan Amendment (PD2012-001;
DA2012-001; PA2012-020).
Approved August 14, 2012. To amend the North Newport Center Planned
Community (NNCPC) development plan to increase the allowable
residential development intensity by a total of 94 units and to allocate the
94 units plus the 430 residential units currently allocated to blocks 500,
600, and San Joaquin Plaza portions of the NNCPC solely to San Joaquin
Plaza.
• Minor Use Permit No. UP2011-025 (PA2011-137).
Approved August 24, 2011. To allow alcoholic beverage service (Type 47,
On-sale General Alcoholic Beverage Control license for Bona Fide Public
Eating Place), i.e., Wahoo’s, in conjunction with new restaurant to occupy
vacant retail space, in Parcel 2 of Lot Line (LLA) 2008-004.
• Planned Community Amendment (PA2011-017; PD2011-001; CA2011-
004).
Approved May 24, 2011. To include Pacific Financial Plaza (Block 800
Planned Community) in the North Newport Center Planned Community
(NNCPC).
• North Newport Center Expansion (PA2009-111; PD2009-003; CA2009-
005).
Approved November 10, 2009. To incorporate portions of Block 100, Block
400, Block 800, and Newport Village into the North Newport Center
Planned Community and a code amendment change to the zoning
classification of these properties.
• Annual Review of North Newport Center Development Agreement
(PA2009-023)
An annual review of Development Agreement No. DA2007-002 for North
Newport Center, pursuant to Newport Beach Municipal Code (NBMC)
Section 15.45.080 (Periodic Review) and California Government Code
Section 65865.1.
• Planning Director’s Use Permit No. UP2008-061 (PA2008-205).
Withdrawn February 2, 2010.
To allow the addition of alcoholic beverage service to a new full-service
restaurant, retail sales (gourmet market) and wine tasting room (type 41
license – on site beer and wine (café); type 21 license – off-sale general,
beer, wine, and distilled spirits; and type 42 license – 201 square foot wine
tasting area (bar/tavern).
• Lot Line Adjustment (PA2008-069; LA2008-004).
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Approved December 8, 2008. To adjust the lot line between two adjacent
parcels, taking land from one parcel and giving it the other. The number of
parcels will remain the same.
• Planned Community Amendment (PA2007-151 TD2008-001; TS2007-
001; PD2007-003; CA2007-007; DA2007-002).
Approved August 7, 2008. Amendment of the Fashion Island PC text to
incorporate San Joaquin Plaza, Block 600, and Block 500. Additionally to
bring the existing zoning into conformance with the current General Plan
update. Also included in the application is the transfer of 277,161 square
feet of development rights to Block 500, currently assigned to Newport
Center Block 600.
• Use Permit No. UP2005-014.
Approved May 19, 2005. To authorize the sale of beer and wine (Type 41
ABC License) pursuant to the Alcoholic Beverage Outlet Ordinance (ABO)
for on-site consumption at an existing eating and drinking establishment
located within the Atrium Court at Fashion Island.
• Use Permit No. 2005-014 (PA2005-061).
Approved May 19, 2005. To permit the establishment of a specialty retail
which includes the sale of beer, wine, spirits, non-alcoholic beverages,
gourmet food items, and related accessories.
• Use Permit No. 2002-001 (PA2002-006).
Approved March 21, 2002. To allow the existing retail alcohol sales
establishment to add ancillary on-site wine tasting, within the Atrium Court
portion of Fashion Island.
• Use Permit No. UP3111.
Approved December 6, 1984. To permit the establishment of several take-
out restaurants and a cooking school in conjunction with the Irvine Ranch
Farmers Market retail. The proposal also includes a request to waive a
portion of the required off-street parking spaces for the take-out
restaurants.
• Use Permit No. UP3203.
Approved May 22, 1986. To establish a Food Cart Program for Fashion
Island, to serve the needs of shoppers and office employees at Newport
Center. Eight to ten carts are proposed.
• Use Permit No. UP3630.
Approved May 21, 1998. To permit the establishment of an independent
massage use as an accessory use in an existing laser-based hair
management and cosmetic personal service salon.
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• Use Permit No. UP3670.
Approved March 9, 2000. To allow an upgrade to the existing Alcoholic
Beverage Outlet approval to allow for the sale of general alcoholic
beverages for off-site consumption (Type 21 License).
• Initial Study - Environmental Impact Report (IS_042)
The project site is included within the study boundaries of this broad Initial
Study prepared in conjunction with the 1979 update to the City’s General
Plan.
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 949-644-3312 and jperez@newportbeachca.gov.
Sincerely,
On behalf of Seimone Jurjis, PE, CBO, Community Development Director
By:
Joselyn Perez
Associate Planner
Attachments:
Aerial Map
Fashion Island sub-area of PC-56 (North Newport Center)
Figure LU21 of the Land Use Element of the General Plan
• Zoning Clearance ZC2020-020 (PA2020-359).
• Emergency Temporary Use Permit (PA2020-342).
• Emergency Temporary Use Permit (PA2020-276).
• Emergency Temporary Use Permit (PA2020-243).
• Emergency Temporary Use Permit (PA2020-231).
• Emergency Temporary Use Permit (PA2020-196).
• Emergency Temporary Use Permit (PA2020-132).
• Emergency Temporary Use Permit (PA2020-100).
• Planned Community Development & General (PA2019-227).
• Transfer of Development Rights (PA2015-109).
• Amendment to UP2012-006 (PA2013-087).
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• Minor Use Permit No. UP2012-006 (PA2012-050).
• Transfer of Development Intensity (TD2012-002).
• Planned Community Development Plan (PA2012-020).
• Minor Use Permit No. UP2011-025 (PA2011-137).
• Planned Community Amendment (PA2011-017).
• North Newport Center Expansion (PA2009-111).
• Annual Review of NNCD Agreement (PA2009-023)
• Planning Director’s Use Permit (PA2008-205).
• Lot Line Adjustment (PA2008-069; LA2008-004).
• Planned Community Amendment (PA2007-151).
• Use Permit No. UP2005-014.
• Use Permit No. 2005-014 (PA2005-061).
• Use Permit No. 2002-001 (PA2002-006).
• Use Permit No. UP3111.
• Use Permit No. UP3203.
• Use Permit No. UP3630.
• Use Permit No. UP3670.
• Initial Study - Environmental Impact Report (IS_042)