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HomeMy WebLinkAbout90-31 - Amending Title 20 of the Newport Beach Municipal Code so as to Permit "Specialty Food Use" in the Mariners' Mile Specific Plan (SP-5) District (Chapter 20.62); and Amend Language in Title 20 of the Newport Beach Municipal Code Concerning "Specialt• C7 ORDINANCE NO. 90 -31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT "SPECIALTY FOOD USE" IN THE MARINERS' MILE SPECIFIC PLAN (SP -5) DISTRICT (CHAPTER 20.62); AND AMEND LANGUAGE IN TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE CONCERNING "SPECIALTY FOOD USE" (CHAPTERS 20.32, 20.33, 20.34, 20.359 20.36, 20.51, 20.61, 20.629 20.63). (Planning Commission Amendment No. 711) WHEREAS, the Newport Beach Municipal Code currently allows "Specialty Food Use" in accordance with Section 20.72.015 in all zoning districts that allow retail uses; and WHEREAS, when Ordinance No. 90 -3 which amended Chapter 20.62 of the Newport Beach Municipal Code for the Mariners' Mile Specific Plan (SP -5) District was adopted, "Specialty Food Service" was inadvertently omitted as a permitted use; and WHEREAS, other portions of Chapter 20.72 in addition to 20.72.015 also define and set development standards for "Specialty Food Use;" and WHEREAS, at its meeting of May 10, 1990, the Planning Commission scheduled Zoning Amendment No. 711 for public hearing at the Planning Commission meeting of June 7, 1990; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, on June 7, 1990, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 711; NOW, THEREFORE, the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Title 20 of the Newport Beach Municipal Code is hereby amended to read as follows: Section 20.32.015 (b) Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building, including appliance stores, bakeries (not wholesale), banks, barber shops, beauty parlors, book stores, department stores, drug stores, food shops, hardware stores, nurseries, offices, radio stores, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. Section 20.33.020 (a) Commercial uses limited to retail, specialty foods in accordance with Chapter 20.72, or personal service establishments, handicraft establishments, professional offices and other uses which, in the opinion of the Planning Commission, are of a similar nature. Section 20.34.015 (b) Retail sales, specialty food uses in accordance with Chapter 20.72, and wholesale sales when combined with retail sales of a similar nature; storage therefore shall be within a building, except for boats. Section 20.35.015 (b) Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building including appliance stores, bakeries (not wholesale), banks, barbershops, beauty parlors, bookstores, department stores, drugstores, food shops, hardware stores, nurseries, offices, radio stores, antiques shops, shoe shops, studios, tailor shops, fortune- telling businesses, and other uses which in the opinion of the Planning Commission are of similar nature. 1 Section 20.36.020 (b) Retail stores; specialty food stores in accordance with Chapter 20.72; wholesale stores; wholesale bakeries; research laboratories and institutes; laundries; and storage within a building; fortune- telling businesses and other uses which, in the opinion of the Planning Commission, are of a similar nature. Section 20.51.025 (e) Specialty food uses in accordance with Chapter 20.72 shall be permitted in any portion of a Planned Community District where retail uses are permitted. (Ord. 89 -35, Dec. 27, 1989; Ord. 1523 § 1 (part), 1973: prior Ord. 1240 § 1 (part), 1968). •Section 20.61.060 A. USES PERMITTED. Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building, including appliance stores, bakeries (except wholesale), banks, barber shops, beauty parlors, book stores, drug stores, food shops, hardware stores, medical - dental offices, radio stores, antique shops, shoe shops, studios, tailor shops, and other uses which in the opinion of the Planning Commission are of a similar nature. Section 20.62.040 A. 2. Non - incentive Permitted Uses: Marine related offices where services are offered to the general public, such as marine surveyors and marine insurance brokers; specialty food uses in accordance with Chapter 20.72; and retail uses. Section 20.62.050 A. 1. Retail sales, specialty food uses in accordance with Chapter 20.72, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, and other uses which, in the opinion of the Planning Commission, are of a similar nature. The decision of the Planning Commission may be appealed to the City Council. Section 20.63.030 A. 1. Retail sales generally oriented to the casual pedestrian shopper such as antiques, art galleries, books, clothing, crafts, hobbies, jewelry, stationary, specialty food uses in accordance with Chapter 20.72, and similar establishments. • Section 20.63.035 B. 2. Non - incentive Permitted Uses: Marine related offices where services are offered to the general public, such as marine surveyors and marine insurance brokers; retail uses; residential uses on the second floor or above, where the ground floor is occupied by a permitted use and specialty food uses in accordance with Chapter 20.72. is Section 20.63.040 A. 1. Retail sales, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building including accoun- tants, architects, banks, barber shops, bookstores, realtors, travel agencies, and those uses permitted in Section 20.63.030, Specialty Retail District and Section 20.63.035, Recre- ational and Marine Commercial District. SECTION 2, The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the city within fifteen (15) days of its adoption. This Ordinance shall be effective thirty (30) days after the date of adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of June , 1990, and was adopted on the 9th day of July 1990, by the following vote, to wit: iji • ATTEST AYES, COUNCIL MEMBERS WATT, SANSONE, PLUMMER, HART, STRAUSS, COX NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS TURNER i F: \wp50 \SEF\AMENDS \A711.ORD • • 3