HomeMy WebLinkAbout91-25 - Amending Title 20 of the Municipal Code to Permit Additional Uses to the Mariner's Mile, Cannery Village/McFadden Square, and Newport Shores Specific Area Plans (Planning Commission Amendment No. 733)ORDINANCE NO. 91 -25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 20 OF THE
MUNICIPAL CODE TO PERMIT ADDITIONAL USES TO
THE MARINER'S MILE, CANNERY VILLAGE /
MCFADDEN SQUARE, AND NEWPORT SHORES
SPECIFIC AREA PLANS
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(Planning Commission Amendment No. 733)
WHEREAS, the City Council of the City of Newport Beach has adopted
various Specific Area Plans for certain parts of the City; and
WHEREAS, each of the Specific Area Plans in the City were adopted for the
purpose of insuring the orderly and equitable development and improvement of their
respective areas by identifying various permitted uses and establishing specific design
guidelines and development standards; and
WHEREAS, the Planning Commission has identified additional uses which
should be permitted within the Mariner's Mile, Cannery Village /McFadden Square, and
Newport Shores Specific Plans; and
WHEREAS, on May 9, 1991, the Planning Commission of the City of Newport
Beach held a public hearing regarding Amendment No. 733 and recommended the approval
of Amendment No. 733 to the City Council; and
WHEREAS, on June 10, 1991, the City Council of the City of Newport Beach
held a public hearing regarding Amendment No. 733; and
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WHEREAS, the public was duly noticed of the public hearing:
NOW THEREFORE, the City Council of the City of Newport Beach does
hereby ordain as follows:
SECTION 1. Section 20.61.060 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.61.060 COMMERCIAL DEVELOPMENT. It is the intent of this
section to provide for a service commercial area that will provide convenience goods and
services to nearby residences.
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, copy service, handicraft establishments, and other uses which in the
opinion of the Planning Commission are of a similar nature.
•B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels,
restaurants, outdoor restaurants, drive -in and take -out restaurants, drive -in facilities, pet
shops, animal hospitals, laundries, launderettes, nail salons, wedding chapels, health
clubs /aerobics studio, music /art schools, private instructional facilities, arcades, commercial
recreational facilities, day care, service /social clubs, churches, museums, marine related
museums, boat sales and laundromat.
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C. BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA LIMIT. The total
gross floor area and building bulk contained in all buildings on a buildable site in
commercial areas shall be as specified in Chapter 20.07, provided that in no event shall any
building exceed the height limit specified in Section 20.02.030(C) of the Municipal Code.
D. SITE AREA. The Building Site Area required shall be a minimum of 2,000 square
feet. Minimum building site frontage required shall be twenty -five (25) feet.
• E. YARDS.
1. FRONT YARD. No front yard shall be required except where the frontage
in a block is partially in a Residential Development Area, in which case the
front yard shall be the same as required in such Residential Development
Area.
2. SIDE YARDS. No side yards shall be required except where the side of a lot
abuts upon the side of a lot in a Residential Development Area, in which case
the side yard shall be not less than five (5) feet.
3. REAR YARDS. No rear yards shall be required, except where the rear of a
lot abuts on a Residential Development Area, in which case the rear yard shall
be not less than five (5) feet.
Rear yards abutting alleys shall have a minimum width of ten (10) feet.
F. AUTOMOBILE STORAGE OR PARKING SPACE. Accessible storage or space
for the parking of automobiles off the street shall be provided as set forth in Chapter
20.30.035 of the Municipal Code. In addition ten percent of the paved parking area shall
be devoted to planting areas. Extensive use of trees is encouraged. All planting areas shall
be provided with a permanent underground automatic sprinkler irrigation system and shall
• be separated from the adjoining vehicular way by a curb not less than six (6) inches in
height. ( Ord. 91 -25, July 25, 1991; Ord. 90 -31, August 8, 1990; Ord. 89 -35, Dec. 27, 1989;
Ord. 89 -19, Sept.13, 1989; Ord. 1717 § 1, 1977; Ord. 1497 § 1 (part) 1973; Ord. 85 -17,
October 23, 1985).
SECTION 2. Section 20.62.040 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.62.040 RECREATIONAL AND MARINE COMMERCIAL - RMC
DISTRICT (Bayward side of Coast Highway). It is the intent of this designation to establish
a priority system to guide development on building sites on the bay by encouraging a
continuation of marine oriented and visitor- serving uses, maintaining the marine theme and
character of the area, and encourage public physical and visual access to the bay.
A. PERMITTED USES.
1. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat
charters and rentals, marine construction, boat sales, boat repair and servicing,
sports fishing establishments, dry-boat storage, boat launching, commercial
- fishing facilities, and retail marine sales, that when they occupy at least forty
percent (40 %) of a site, as defined herein, may be combined with uses under
B.3.
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.
3. Signs in accordance with Chapter 20.06.
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B. USES WHICH REQUIRE A USE PERMIT.
1. Incentive Uses: Highest priority uses such as marine related manufacturing,
new boat construction, yacht clubs, marine service stations and gas docks,
marine related private instructional facilities, and marine related museums that
when they occupy at least 40010 of a site, as defined herein, may be combined
with uses under B.3.
0 2. Non - incentive uses such as social clubs, service clubs, wedding chapels,
commercial recreation, hotels, motels, and 'bed and breakfasts', restaurants
(outdoor, drive -in and take -out), and bakeries.
3. Uses which must be in conjunction with an Incentive Use occupying at least
40% of the site such as personal service commercial uses, professional and
business offices, financial institutions, light manufacturing (unless for marine
products), health clubs /aerobics studios, art studios, dance studios, interior
decorating studios, music /art schools, photographic studios, private
instructional facilities (unless marine related), arcades, commercial recreational
facilities, barbers, beauty parlors, nail salons, cleaners and laundries, pet shops,
copy service and handicraft establishments.
C. SITE AREA. For purposes of determining compliance with this Section
(developments with uses listed in B.3 above), "site" shall be defined as the total land area
within the established property line of a parcel, including any portion under water. Forty
percent (40 %) of this total area shall be devoted to an incentive use as defined herein. For
any permitted use bayward of the bulkhead, such as boat slips or marine gas docks, any land
used for required parking for such use shall be included in the calculation of incentive uses
to determine compliance with this Section.
Any land area devoted to coastal related or coastal dependent uses such as marine ways,
• boat yard work areas and boat display areas in conjunction with a yacht sales business shall
be included in the calculation of incentive uses to determine compliance with this Section.
Any land area devoted to support a use in the water as described above shall also be
included in the calculation to determine the total amount of development permitted on the
site as set forth in Section 20.62.030 F.
D. MIXED -USE DEVELOPMENTS. Where a mixed -use development (including uses
listed in B.3 above) is proposed with any combination of uses permitted in Sections A. and
B. above, the area devoted to non - incentive uses shall be subtracted from the total area of
the development. Forty percent (40 %) of the balance of the total development shall be
devoted to an incentive use as defined herein.
E. HEIGHT LIMIT. The height limit for all buildings and other structures on a
building site within the RMC District shall be 26 feet. However, this height limit may be
exceeded, up to a maximum of 35 feet with a use permit, providing that the Planning
Commission, in granting such a use permit, finds that all of the following criteria are met:
1. The development will provide for both public physical and visual access to the
bay within the limits that public safety is insured and private property
protected.
• 2. The increased building height would result in increased public visual open
space and views than would result from compliance with the basic height limit.
Particular attention shall be given to the location and orientation of the
structure on the lot, the percentage of ground coverage, and the treatment of
all setback and open areas.
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3. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area within the general theme of a marine environment.
4. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
5. The increase in height shall in no case result in a floor area exceeding the
floor area permitted by Section 20.62.030.
F. SETBACK REQUIREMENTS.
1. No side yard building setback shall be required, except as may be required by
the Planning Commission, or the City Council on appeal or review, in granting
a use permit or site plan review approval.
2. A ten (10) foot minimum setback shall be required from the bulkhead line.
This setback shall provide for the minimum public access required herein
along the bulkhead. Additional building setbacks may be required by the
Planning Commission, or the City Council on appeal or review, in granting a
use permit or site plan review approval.
3. A minimum of 50 percent of any lot frontage abutting Coast Highway shall
provide a building setback of not less than 10 feet from Coast Highway
right -of -way while the remaining 50 percent of the lot frontage shall provide
a setback not less than 5 feet from the right -of -way line of Coast Highway.
Within this required setback area, no structure or other intrusions shall be
permitted, except for landscaping, decks, paving, architectural features or signs.
G. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or granting
a Use Permit for development on a building site with frontage along the bay, the Planning
Commission or City Council, upon review or appeal, shall require the dedication of vertical
(between Coast Highway and the Bay) and lateral (along the Bay) public access easements,
except where adequate public access already exists or where the provision of access is
inconsistent with public safety or the protection of fragile coastal resources. The following
standards shall be applied to all lateral and vertical public access easements:
1. Public access easements shall be a minimum of ten (10) feet in width.
2. Public access easements may be provided within required setback areas and
view corridors.
3. All dedicated public access easements shall be recorded with the Orange
County Recorders Office in a manner satisfactory to the Public Works
Department.
H. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above
mean low water level (6.27 feet above mean sea level).
I. FLOOR ELEVATION. Finished floor elevation for all new structures or addition
to an existing structure(s) other than floor area used for parking, shall be nine feet above
mean low water level (6.27 feet above mean sea level). (Ord. 91 -25, July 25, 1991; Ord. 90-
31, August 8, 1990; Ord. 90 -3, March 28, 1990).
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SECTION 3. Section 20.62.050 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.62.050 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT
(Inland side of Coast Highway). It is the intent of this designation to encourage the
continuation of "marine- oriented" uses and the "marine" theme or character of the area; to
encourage mutually supportive businesses, a continuity of shopping and pedestrian
orientation, and to prohibit uses which would interrupt this continuity; and to minimize the
• number of curb cuts on Coast Highway.
A. USES PERMITTED:
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, art
studios, interior decorating studios, photographic studios, barbers, beauty
parlors, copy service, handicraft establishments, 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.
2. Signs in accordance with Chapter 20.06.
B. USES REQUIRING USE PERMIT. The following uses shall be permitted upon
the granting of a use permit by the Planning Commission:
1. Manufacturing of marine products, boat construction, animal hospitals, auto
sales and repair shops, gasoline service stations, cleaning establishments,
laundries, launderettes, outdoor markets, restaurants, outdoor restaurants,
drive -in and take -out restaurants, drive -in facilities, outdoor sales
establishments, pet shops, public garages, theaters, commercial recreation,
• hotels and motels, used car sales lots, nail salons, wedding chapels, health
club /aerobics studios, dance studios, music /art schools, private instructional
facilities, arcades, day care facilities, social /service clubs, churches, museums,
marine related museums, federal post offices and other uses which, in the
opinion of the Planning Commission are of a similar nature.
2. Office uses that do not provide direct services to the public and which are not
ancillary to another permitted use. However, this type of office use shall not
be permitted to occupy any first floor space in any structure.
C. SETBACK REQUIREMENTS.
1. A 12 foot wide setback along the northerly side of Coast Highway shall be
maintained for potential future highway widening to an ultimate width of 112
feet.
2. A minimum of fifty percent (50 %) of any lot frontage abutting Coast Highway
shall provide a building setback of not less than 10 feet from the above 12 foot
setback line while the remaining fifty percent (50 %) of the lot frontage shall
provide a setback not less than 5 feet from the above 12 foot setback. Within
this setback area, no structure or other intrusions shall be permitted except for
landscaping, decks, paving, architectural features and signs.
3. In any case where a lot abuts upon the side or rear yard of a lot in a
residential district, a minimum setback of 5 feet shall be provided from said
residential district. Within this setback area, no structure or other intrusions
shall be permitted except for landscaping, decks, paving, architectural features
and signs.
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D. HEIGHT LIMIT. The maximum height limit for all buildings and other structures
on a building site shall be 26 feet. However, this height limit may be exceeded, up to a
maximum of 35 feet, with a use permit providing that the Planning Commission, in granting
such use permit, finds that all the following criteria are met:
1. The increased building height would result in more public visual open space
and views than would result from compliance with the basic height limit.
Particular attention shall be given to the location and orientation of the
• structure on the lot, the percentage of ground coverage, and on the treatment
of all setback and open areas.
2. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area, within a general theme of the marine environment.
3. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
4. The increased height shall in no case result in a floor area exceeding the floor
area permitted by Section 20.62.030. (Ord. 91 -25, July 25, 1991; Ord. 90 -31,
August 8, 1990; Ord. 90 -3, March 28, 1990; Ord. 1718 § 1 (part), 1977: Ord.
1753 § 26, 1977).
SECTION 4. Section 20.63.030 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.63.030 SPECIALTY RETAIL, SR DISTRICT. It is the intent of this
section to establish a strong specialty retail core for the Cannery Village area by
• encouraging mutually supportive businesses, establishing a continuity of shopping and
pedestrian orientation, and to provide a high level of pedestrian interest, comfort and
amenity.
A. Permitted Uses. The following uses are permitted in the SR district:
1. Retail sales generally oriented to the casual pedestrian shopper such as
antiques, art galleries, art studios, books, clothing, crafts, hobbies, jewelry,
stationary, specialty food uses in accordance with Section 20.72.015, interior
decorating studios, handicraft establishments and similar establishments.
2. Personal service establishments such as barber shops, beauty parlors, shoe
repair, tailor shops, and similar establishments.
3. Professional and business offices providing direct services to the public, such
as accountants, architects, attorneys, and realtors.
4. Professional and business offices not providing direct services to the public
or not ancillary to an otherwise permitted use, such as corporate offices shall
be permitted on the second floor only.
5. Residential uses on the second floor or above, where the ground floor is
occupied by a permitted use.
B. USES REQUIRING USE PERMIT. The following uses shall be permitted subject
to the securing of a use permit in each case: Restaurants: outdoor, take -out, and drive -in
facilities; bakeries; social clubs; hotels, motels, 'bed and breakfasts ", music /art schools,
private instructional facilities, nail salons, wedding chapels, museums, and marine related
museums.
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C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07, except
as provided in General Controls, Section 20.63.045. E., Transfer of Development Intensity.
(Ord. 91 -25, July 25, 1991; Ord. 90 -40, Dec. 13, 1990; Ord 90 -31, August 8, 1990; Ord. 89 -35,
Dec. 27, 1989; Ord. 89 -19, Sept.13, 1989; Ord. 86 -7, May 28, 1986)
SECTION 5. Section 20.63.035 of the Newport Beach Municipal Code is
hereby amended to read as follows:
•20.63.035 RECREATIONAL AND MARINE COMMERCIAL, RMC DISTRICT. It is
the intent of this designation to establish a priority system to guide development on building
sites on the bay by encouraging a continuation of marine oriented uses, maintaining the
marine theme and character of the area, and encourage public physical and visual access to
the bay.
A. SITE PLAN REVIEW REQUIRED. Unless otherwise specified herein, all
development in the Recreational and Marine Commercial District shall be subject to Site
Plan Review as set forth in Section 20.01.070 of the Municipal Code.
B. PERMITTED USES.
1. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat
charters and rentals, marine construction, boat sales, boat repair and servicing,
sports fishing establishments, dry -boat storage, boat launching, commercial
fishing facilities, and retail marine sales, that when they occupy at least forty
percent (40 %) of a site, as defined herein, may be combined with uses under
C.3.
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 Section 20.72.015.
C. USES WHICH REQUIRE A USE PERMIT.
1. Incentive Uses: Highest priority uses such as marine related manufacturing,
new boat construction, yacht clubs, marine service stations, gas docks, marine
related private instructional facilities, federal post offices, and marine related
museums that when they occupy at least 40% of a site, as defined herein, may
be combined with uses under C.3.
2. Non - incentive uses such as social clubs, service clubs, wedding chapels, federal
post offices, commercial recreation, hotels, motels, and 'bed and breakfasts',
restaurants (outdoor, drive -in and take -out), and bakeries.
3. Uses which must be in conjunction with an Incentive Use occupying at least
40% of the site such as personal service commercial uses, professional and
business offices, financial institutions, light manufacturing (unless for marine
products), art studios, dance studios, interior decorating studios, music /art
schools, photographic studios, private instructional facilities (unless marine
related), arcades, nail salons, commercial recreational facilities, cleaners and
laundries, copy service, and handicraft establishments.
D. SITE AREA. For purposes of determining compliance with this Section, "site" shall
be defined as the total land area within the established property lines of a parcel,
including any portion under water. Forty percent (40 %) of this total area shall be
occupied by an incentive use as defined herein. For those permitted uses such as
boat slips located between the U. S. Bulkhead Line and the U. S. Pierhead Line, any
area on the site supporting the permitted uses, such as parking devoted exclusively
to the boat slips, shall be included in the calculation of incentive uses to determine
compliance with this Section.
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E. MIXED -USE DEVELOPMENTS. Where a mixed -use development is proposed
with any combination of uses permitted in Sections B. and C. above, the area devoted to
these non - incentive permitted uses shall be subtracted from the total area of the
development. Forty percent (40 %) of the balance of the total development shall be devoted
to an incentive use as defined herein.
F. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07, except
• as provided in General Controls, Section 20.63.045.E., Transfer of Development Intensity.
SECTION 6. Section 20.63.040 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.63.040 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT. It is the
intent of this section to provide for retail sales, personal service, commercial, and
professional uses that offer direct services to the public, and light marine industrial uses.
A. USES PERMITTED.
1. Retail sales, specialty food uses in accordance with Section 20.72.015, and
personal service establishments within a building including accountants,
architects, banks, barber shops, bookstores, realtors, travel agencies, art
studios, interior decorating studios, photographic studios, copy service, and
handicraft establishments, and those uses permitted in Section 20.63.030,
Specialty Retail District and Section 20.63.035, Recreational and Marine
Commercial District.
2. Residential uses on the second floor or above, where the ground floor is
occupied by a permitted use.
• 3. Professional and business offices not providing direct services to the public
or not ancillary to an otherwise permitted use, such as corporate offices shall
be permitted on the second floor only.
4. Marine industrial uses or light manufacturing of marine related products.
B. USES REQUIRING A USE PERMIT. The following uses shall be permitted
subject to the securing of a use permit in each case: Restaurants: outdoor, take -out, and
drive -in facilities; bakeries; hotels, motels, "bed and breakfasts ", health clubs /aerobic studios,
music /art schools, dance studios, private instructional facilities, arcades, commercial
recreational facilities, nail salons, wedding chapels, cleaners and laundries, day care facilities,
laundromats, service /social club, marine industrial, marine manufacturing, churches,
museums, marine related museums, and federal post offices.
C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07, except
as provided in General Controls, Section 20.63.045. E., Transfer of Development Intensity.
SECTION 7. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper and shall be effective thirty (30) days after the date of its adoption.
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SECTION 8. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 10th day of June , 1991, and
adopted on the 24th day of June , 1991, by the following vote, to -wit:
• AYES, COUNCIL MEMBERS HEDGES. WATT,
TURNER, SANSONE, HART, COX, PLUM
NOES, COUNCIL MEMBERS NONE
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ABSENT COUNCIL MEMBERS NONE
MIA r vrc
ATTEST:
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CITY CLERK
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F. \SAY- G \SR \2A733.0RD
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