HomeMy WebLinkAboutPA2023-0181_11082023_Zoning Compliance LetterCOMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
3300 Newport Boulevard, Building C, Newport Beach, CA 92663
(949) 644-3200 Fax: (949) 644-3229
www.newportbeachca.gov
ZONING COMPLIANCE LETTER
Reference No. PA2023-0181
November 8, 2023
Planning and Zoning Resources
c/o: Alexis King
1300 S. Meridian Ave, Suite 400
Oklahoma City, OK 73108
RE: 7772 - 8112 East. Coast Highway, Newport Beach, CA 92657
APN: 489 031 12; 489 031 10; 489 021 07
Crystal Cove Promenade Shopping Center
Dear Ms. King:
The above referenced properties are currently located within the Newport Coast
Planned Community (PC-52) Zoning District, within Planning Area 14 (Tourist
Commercial), and are categorized as Visitor Serving Commercial (CV) by the
Land Use Element of the General Plan. The properties are not located within a
Planned Unit Development or an overlay district.
The abutting properties are located within the PC-52 Zoning District. The General
Plan Land Use designation for the abutting properties to the northeast is Multiple
Residential (RM). The General Plan Land Use Designation for the abutting
properties to the southeast and southwest is Open Space (OS).
The subject properties were previously under County of Orange permit jurisdiction.
At the time the building permits were finalized, the development and uses were in
substantial conformance with the development standards of the County of Orange
Zoning Code. If the subject property does not comply with the current regulations,
it is considered nonconforming.
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. Please contact the Planning Division for
further details on any discretionary application or for a copy of the discretionary
action:
Page 2
Zoning Compliance - PA2023-0181
Tmplt: 08-15-176
• Temporary Use Permit No. UP2020-026 (PA2020-096)
o Withdrawn.
• Staff Approval No. SA2011-020 (PA2011-160)
o Approved September 15, 2011. To allow changes to the floor plan
consistent with the previously approved plans for an existing restaurant
site at 7972 East Coast Highway.
• Staff Approval No. SA2011-016 (PA2011-127)
o Approved July 1, 2011. To allow changes to the floor plan consistent
with the previously approved plans for an existing restaurant site at
7862 East Coast Highway.
The following discretionary approvals were acquired from the County of Orange.
You will need to contact the County for copies of the approvals.
• Changed Plan No. CP06-0026
o Approved August 21, 2006. To allow an increase in the outdoor dining
area for Pads 2 and 3.
• Changed Plan No. CP05-0009
o Approved May 15, 2005. To allow changes to the walkway trellis to add
a solid cover over the trellis.
• Changed Plan No. CP05-0001
o Approved February 2, 2005. To allow for a revision to the parking
design near Pad 1.
• Planning Application No. PA04-0032
o Approved August 10, 2004. To allow for a Site Development Permit to
allow the development of the Pads 1, 2, and 3.
• Changed Plan No. CP02-0039
o Approved August 5, 2002. To allow windscreens and landscape
changes.
• Changed Plan No. CP00-0058
o Approved October 3, 2000. To allow an increase in the pad area for
Pads 2 and 3 and to revise the parking design.
• Changed Plan No. CP99-0081
o Approved January 12, 2000. To amend the sign program.
Page 3
Zoning Compliance - PA2023-0181
Tmplt: 08-15-176
• Planning Application No. PA98-0101
o Approved September 22, 1998. To allow for the construction and
operation of a retail business center with 125,000 square feet of floor
area.
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 or jperez@newportbeachca.gov.
Sincerely,
On behalf of Seimone Jurjis, PE, CBO, Community Development Director
By:
Enclosures:
• Aerial Map
• Section of General Plan Land Use Table LU1 Land Use
Plan Categories
• Excerpt from PC-52 Newport Coast Planned Community
Development Plan
• Staff Approval No. SA2011-020 (PA2011-160)
• Staff Approval No. SA2011-016 (PA2011-127)
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:
11/3/2023
0 972486
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.
CHAPTERS
TOURIST COMMERCIAL PLANNING AREAS
A.PURPOSE AND INTENT
The Tourist Commercial Planning Areas ofThe Newport Coast Planned Community are established
to provide for the development and maintenance of destination resort and related tourist/recreational
visitor-serving facilities,cultural,community and community services facilities,and accessory uses
and structures,in proximity to Crystal Cove State Park and major beach areas.These Tourist
Commercial Planning Area Regulations are intended to implement the LCP Land Use Plan's Tourist
Commercial Policies Section 1-4-A subject to the requirements of the LCP Land Use Plan's Policies
in Chapters 3 and 4.In addition to the site development regulations provided below,individually-
owned accommodations (e.g.,casitas and time-sharing condominiums)in the destination resort shall
be developed pursuant to the Subdivision Code and/or other County and State regulations applicable
to the type of accommodation units being developed.
B.PRINCIPAL PERtWTTED USES
The following principal permitted uses are permitted in all Planning Areas designated for Tourist
Commercial use subject to the approval of a Coastal Development Permit as provided in Chapter 10:
1.PRINCIPAL PERMITTED USES SUBJECT TO PLANNING COMMISSION
APPROVAL:
a.A destination resort and other commercial recreation uses,as defmed in the LUP and
Chapter 12,Defmitions,of this lAP (Planning Areas PA I3A,PA 13B,PA 13C,PA 13D,
PA l3E,PA 13F,PA 14 and PA 20A),comprising the following types of visitor-serving
uses.
1)Overnight/resort visitor accommodations not to exceed two thousand one hundred and
fifty (2,150)accommodations (e.g.,hotel rooms,motel rooms,casitas,time-sharing
condominiums,etc.).Within Planning Areas PA 13A-13F and PA 14,there shall be
Ncwpon Coast:LCP Second Amendment
December3.1996 II-5.1
a maximum of2,150 overnight/resort accommodation units.Of this total,(1)no more
than 1,800 units may be individually owned;and (2)at least 350 units shall be hotel,
motel or other non-individually owned,non-timesharing condominium resort
accommodations.Coastal Development Permits for individually owned and
timesharing condominium overnight/resort accommodations shall be conditioned to
require contracting with a management company or companies to supply rental services
to the project (e.g.,advertising ofunits to the general public.taking reservations for
the general public,housecleaning,guest check-in,security.etc.).
2)Retail and service commercial.
3)Parking structures.
4)Conference,convention,and other ancillary facilities.
5)RestaurantS.
6)Cocktail lounges and bars.
7)Commercial recreation uses.
8)Health facilities.
9)Public and private golf courses and related facilities.
10)Service Stations per Zoning Code Section 7-9-114.
11)Helistops and heliports to be used for shuttle transportation only.
12)Other uses ancillary to a destination resort.
b.CultUral facilities including but not limited to museums,art galleries/exhibitS,and theaters.
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NewponColSt lCP Second AmtncJment
December 3.1996 11-5.2
c.Visitor-oriented day-use retail and service commercial totaling not more than 75.000 square
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feet in PA 13A through PA 13F.and not more than 25,000 square feet in PA 14.
d.Visitor-oriented retail commercial,'service commercial,public works facilities and
commercial recreation,totaling not more than 75,000 square feet in PA 20A.
2.PRINCIPAL PERMITIED USES SUBJECT TO ZONING ADMINISTRATOR
APPROVAL:
a.Community facilities including the following uses,and related and similar uses:
I)Intra-community directional signs.
2)Riding,hiking and bicycle trails.
3)Security facilities and structures.
4)Maintenance facilities and structures.
b.Community service and community service commercial facilities including the following
uses,and related similar uses:
I)Fire stations..
2)Public and private nursery schools and day care.
3)Public and private recreation centers and facilities.
4)Visitor/information services/centers.
c.Communication transmitting,reception or relay facilities.
Newport Coast LCP Second AmcndmCftJ
December 3.1996 II-5.3
d.Public parks,except in Planning AreasPA 13A,PA 13B,PA BC,PA 130,PA 13E,and
PA 13F.
e.Accessory Permitted Uses listed in Section C of this Chapter when located on a separate
building site.
C.ACCESSORY PERMITTED USES
Accessory uses and structures are permitted when customarily associated with and subordinate to a
Principal Permitted Use on the same building site,per Zoning Code Section 7-9-137 as applicable,
including:
1.Garages,carports,and parking structures;
2.Detached accessory structures such as greenhouses,gazebos,cabanas,and storage sheds;
3.Swimming pools,therapy baths,water fountains,and related equipment;
4.Covered patios and decks;
5.Fences and walls;
6.Tennis courts,walkways/trails,greenbelts,and common areas;
7.Signs per Zoning Code Section 7-9-144;
8.Chapels;and
9.Community Information Centers,including sales offices for any and all development within The
Planned Community:
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Ncwpon COaM LCP Second Amendment
Dc~ber3.1996 II-SA
D.PROHIBITED USES
1.Camping facilities.including tent camping and recreational vehicle parks.
2.Professional and administrative offices not directly ancillary to and supportive of a permitted
use.
3.Industrial and manufacturing facilities.
4.Adult entertainment businesses.
5.Uses not provided by Section Band C of this Chapter shall be prohibited.however it is
recognized that certain permitted uses are only defmed generally and may require interpretatjon
by the Director.EMA.per Zoning Code Section 7-9-20.
.E.SITE DEVELOPMEl'.'T STANDARDS
1.Standards applicable to all Tourist Commercial Planning Areas combined:
a.Overnight/resort accommodations:A combined total of two thousand one hundred and
fifty (2.150)overnight/resort accommodations is permitted.Within Planning Areas PA
13A·13F and PA 14.there shall be a maximum of 2.150 overnight/resort accommodation
units.Of this total.(1)no more than 1.800 units may be individually owned;and (2)at
least 350 units shall be hotel.motel or other non-individually owned,non-timesharing
condominium resort accommodations.Coastal Development Pennits for individually
owned and timesharing condominium overnight/resortaccommodations shall be conditioned
to require contracting with a management company or companies to supply rental services
to the project (e.g.,advertising ofunits to the general public.taking reservations for the
general public,housecleaning.guest check-in,security,etc.)..
2.Standards applicable to specific individual Tourist Commercial Planning Areas:
Nc..-pon Coast LCP Second Amendment
Dtcembtr3.1996 II-5.5
a.Planning Area PA 13A.PA 13B.PA 13C.PA 13D.PA l3E.and PA 13F (Pelican Hill)
shall conform to the LCP Land Use Plan's Tourist Commercial Policies Section 1-4-A:
1)Overnight/resort accommodations:A total of one thousand nine hundred (1.900)
overnight/resort accommodations is permitted in the entire Planning Area PA 13.
2)Casitas shall be counted as follows with respect to the maximum 1.900 permitted
overnight/resort visitor accommodations:
a)Casitas with one or two bedrooms shall be considered one (1)overnight/resort
accommodation;and
b)Casitas with 3 or more bedrooms shall be considered two (2)overnight/resort
accommodations.
3)Principal permitted uses and accessory uses.including accommodations.resort
facilities.and the golf course clubhouse but excepting parking facilities and day use
commercial facilities specified in (4)below.shall not exceed a total of 2.66 million
square feet.Within this total area.the following limitations shall apply:
a)No'one of the Planning Areas PA 13A.PA 13B.PA 13C.or PA "l3D shall
contain more than 60.000 square feet of single.continuous primary
ballroom!exhibition space.("Single.continuous primary ballroom!exhibition
space"denotes one large-scale meeting/convention area and does not include the
square footage of conference facilities with smaller individual meeting rooms.)
b)The total square footage of conference and meeting space.including primary
ballroom!exhibition space and individual meeting rooms,shall not exceed
140,000 square feet in these four Planning Areas.
4)Commercial uses:A maximum of seventy-five thousand (75,000)square feet oftotal
floor area is permitted in addition to that included within hotels and other
NC'NpOrl Coast LCP Second Amendment
Deetn'l.ber 3.1996 II-5.6
accommodations areas.Any day-use retail commercial facilities under this subsection
shall be incidental accessory,or directly related to adjacent accommodations,park,
and/or recreational visitor activities and shall be identified specifically in any project
application involving this use category.
5)Maximum building heights are designated by individual height zones on Exhibit J (see
LUP Chapter 4).
6)The following maximum building coverages are expressed as a percentage of each
planning area's total gross acreage:
a)The maximum building coverage (except parking structures)within each planning
area:
PA 13A:Overall coverage =40%maximum
PA 13B:Overall coverage =2B%maximum
PA 13C:Overall coverage =50%maximum
PA 13D:Overall coverage =50%maximum
PA l3E:Overall coverage =25%maximum
PA l3F:Overall coverage =20%maximum
b)The distribution of maximum building coverage by various height categories
within planning areas is as follows:
PA 13k
PA 13B:
Nc:wpon Coast LCP SCl:ond Amettdment
December 3.J996
The 40%maximum is distributed as follows:
Structures up to 50 ft.in height =22 %;
Structures up to 65 ft.in height =10%;
Structures up to 85 ft.in height =6%;and
Structures up to 105 ft.in height =2%.
The 28%maximum is distributed as follows:
Structures up to 50 ft.in height =20 %;and
Structures up to 65 ft.in height =8%.
1I-5.7
PA 13C:
PA 13D:
PA BE:
PA 13F:
The 50%maximum is distributed as follows:
Structures up to 40 ft.in height ==32%;
Structures up to 60 ft.in height ==10%;and
Structures up to 80 ft.in height ==8%.
The 50%maximum is distributed as follows:
Structures up to 40 ft.in height ==32%;
Structures up to 60 ft.in height ==10%;and
Structures up to 80 ft.in height ==8%.
The 25%maximum shall all be in structures up to 35 ft.in height
(Le.•no further distribution by height).
The 20%maximum shall all be in structures up to 35 ft.in height
(i.e.•no further distribution by height).
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7)Minimum building setbacks from the ultimate right-of-way of Pacific Coast
Highway:
PA 13A:
PA 13B:
PA 13CI
PA 13F:
PA 13DI
PA 13E:
NCW'ponCo:w lCP Second Amcndmenl
December 3.1996
All structures will be a minimum of 300 feet from PCH.
Structures in excess of 30 feet in height and up to 85 feet in height
will be a minimum of 350 feet from PCH.Structures in excess of
85 feet in height will be a minimum of 550 feet from PCH.
Structures in excess of 50 feet in height will be a minimum of
1.350 feet from PCH.
Structures in excess of 40 feet in height will be a minimum of
1.600 feet from PCH.
Structures in excess of 40 feet in height will be a minimum of
2,800 feet from PCH.
11-5.8
8)Other building setbacks:
a)From Newport Coast Drive -fifty (50)feet minimum.(Minimum setback for
surface parking will be ten (10)feet.)
b)From Category A and B ESHA's -one-hundred (100)feet minimum.
9)Landscape screening:
Landscape screening in the fonn of earth berms,edge planting along Pacific Coast
Highway,golf course landscaping,and hotel landscaping will all combine to act as
screening to soften building massing as viewed from Pacific Coast Highway.
10)Minimum landscaping for each Tourist Commercial site shall be 15 %of the net area
of the site.
11)Grading of the Tourist Commercial sites will create a smooth and gradual transition
between new and existing grades.
12)Grading of Tourist Commercial sites may be done concurrently with grading for the
golfcourse to balance cut and fill within the resort area and to reduce the total amount
of time during which major grading operations will need to be conducted.
b.Planning Area PA 13A shall confonn to the LCP Land Use Plan's Tourist Commercial
Policies Section 1-4-A:
1)Overnighuresort accommodations:Eleven hundred (1,100)overnighuresort
accommodations maximum,so long as the overall 1,900 overnighuresort accommoda-
tions maximum is not exceeded for the entire Planning Area PA 13.
2)Day-use retail commercial uses:A maximum ofseventy-five thousand (75,000)square
feet of gross floor area,in addition to that included within hotels and other
accommodations areas,is pennined which is incidental,accessory,or directly related
to nearby accommodations and/or recreational visitor activities.
Newport Coast LCP Second Amendment
Dcc:ember3.1996 II-5.9
c.Planning Area PA 138 shall confonn to the LCP Land Use Plan's Tourist Commercial
Policies Section 1-4-A:
1)OvernightJresort accommodations:Six hundred (600)overnightJresort
accommodations maximum.so long as the overall 1.900 overnight/resort
accommodations maximum is not exceeded for the entire Planning Area PA 13.
d.Planning Area PA 13C shall confonn to the LCP Land Use Plan's Tourist Commercial
Policies Section 1-4-A:
1)Overnight/resort accommodations:Seven hundred and fifty (750)overnight/resort
accommodations maximum,so long as the overall 1,900 overnight/resort
accommodations maximum is not exceeded for the entire Planning Area PA 13.
e.Planning Area PA 13D shall confonn to the LCP Land Use Plan's Tourist Commercial
Policies Section 1-4-A:
I)Overnight/resort accommodations:Six hundred fifty (650)overnight/resort
accommodations maximum,so long as the overall 1,900 overnight/resort
accommodations maximum is not exceeded for the entire Planning Area PA 13.
f.Planning Area PA 13E shall confonn to the LCP Land Use Plan's Tourist Commercial
Policies Section 1-4-A:
I)Overnight/resort accommodations:Three hundred (300)overnight/resort
accommodations maximum,so long as the overall 1,900 overnight/resort
accommodations maximum is not exceeded for the entire Planning Area PA 13.
g.Planning Area PA 13F shall confonn to the LCP Land Use Plan's Tourist Commercial
Policies Section 14A:
1)Overnight/resort accommodations:No overnight/resort accommodations are pennitted
within Planning Area 13F.
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Ncwpon COU(lCP Second Amendment
Decembllr 3.1996 II-S.1O
h.Planning Area PA 14 (Lower Wishbone)shaH conform to the LCP Land Use Plan's
Tourist Commercial Policies Section 1-4-A:
1)Overnight/resort accommodations:Two hundred and fifty (250)overnight/resort
accommodations.
2)Casitas shall be counted as follows with respect to the maximum 250 permitted
overnight/resort accommodations:
a}Casitas with one or two bedrooms shall be considered one (I)overnight/resort
accommodation;and
b)Casitas with three or more bedrooms shall be considered two (2)overnight/resort
accommodations.
3)Day-Use Commercial uses:A maximum of twenty-five thousand (25,000)square feet
of gross floor area is permitted in addition to that included within hotels and other
accommodation areas.Any day-use retail commercial facilities under this subsection
shaH be incidental,accessory.or directly related to the adjacent park,
accommodations.and/or recreational visitor activities.
4)Principal permitted uses and accessory uses.including overnight/resort
accommodations and all directly supporting commercial facilities but excluding parking
facilities and the day-use commercial described in (2)above,shall not exceed a total
of 300,000 square feet.Within this total area,Planning Area 14 shall not contain
more than 18,750 square feet of meeting space.
5)Building height:Thirty-five (35)feet maximum,except towers,gables,spires,flag
poles,chimneys,mechanical equipment,and architectural features will have a
maximum height of forty-seven (47)feet.
6)Building site coverage:Fifty (SO)percent maximum,excluding parking structures.
NC'Wpon Coast LCP Second Amendment
December 3.1996 II-5.1I
7)Building setbacks:
a)From Pacific Coast Highway -one hundred (100)feet minimum.
b)Minimum setback for surface parking from Pacific Coast Highway will be ten (10)
feet.
8)Minimum site landscaping shall be 15%of the net area of the site.To minimize to
the extent practicable any views of the hotel parking areas from inland portions of
Crystal Cove State Park,landscape screening shall be provided parallel to the
perimeter of parking areas in Planning Area 14 which border Muddy Canyon.
i.Planning Area PA 20A (Laguna Canyon)shall conform to the LCP Land Use Plan's
Tourist Conunercial Policies Section 1-4-A:
1)Principal permitted uses and accessory uses shall not exceed a total of 75.000 square
feet of floor area directly related to and/or supportive of the nearby park and/or
recreational visitor activities and/or public works facilities.
2)Access:Access to the tourist commercial facilities will he directly from Laguna
Canyon Road.
3)Building height:One story maximum,except towers,gables,spires,flag poles,
chimneys,mechanical equipment.and architectural features will have a maximum
height of thirty-five (35)feet.
4)Building Site Coverage:Forty-five (45)percent maximum,excluding parking
structures.
5)Building/Parking setbacks:
a)Building from Laguna Canyon Road =50 feet minimum.
b)Surface parking from Laguna Canyon Road =10 feet minimum.
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NcwponCOl$l LCP Second Amendment
Occembtr 3.1996 II-5.12
6)Prior to,or concurrent with the recordation of the frrst fmal development map in PA
20A the landowner shall record an Offer to Dedicate PA 16A and PA 16B.Such offer
shall be subject to immediate acceptance by the County ofOrange for a period ofthree
(3)years.In the event that the County does not accept the offer during that time
period.said offer shall be available for acceptance by the City of Laguna Beach for
a period of three (3)years thereafter.
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Newpon Coast LCP Second Amendment
Detcmbcr 3.19%II-S.13