HomeMy WebLinkAbout92-46 - Amending Title 20 of the Municipal Code So as to Amend Chapters 20.01, 20.06, 20.68, 20.70, and 20.74 to Add References to the Retail & Service Commercial (RSC), Administrative, Professional, & Financial Commercial (APF), and Recreational & MarineORDINANCE NO. 92 -46
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING TITLE 20 OF THE
MUNICIPAL CODE SO AS TO AMEND CHAPTERS 20.01,
20.06, 20.68, 20.70, AND 20.74 TO ADD REFERENCES TO
THE RETAIL & SERVICE COMMERCIAL (RSC),
ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL
COMMERCIAL (APF), AND RECREATIONAL & MARINE
• COMMERCIAL (RMC) ZONING DISTRICTS
(PLANNING COMMISSION AMENDMENT NO. 772)
WHEREAS, on November 13, 1990, the City Council Adopted Ordinance No. 90-41
which established the Retail & Service Commercial, the Administrative, Professional &
Financial, and the Recreational & Marine Commercial zoning districts to implement the
new land use designations created by the 1988 comprehensive general plan revision; and
WHEREAS, when the Retail & Service Commercial, the Administrative, Professional
& Financial, and the Recreational & Marine Commercial zoning districts were adopted in
1990, references to these districts were not properly referenced in other chapters in the
Zoning Code ; and
WHEREAS, Chapters 20.01, 20.06, 20.68, 20.70, and 20.74 of the Municipal Code
should be amended to add references to the Retail & Service Commercial, the Administra-
tive, Professional & Financial, and the Recreational & Marine Commercial zoning districts
to maintain consistent language throughout the Zoning Code; and
WHEREAS, on September 24, 1992, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 772, and at that time voted
• to recommend that the City Council approve the amendment; and
WHEREAS, on November 9 , 1992, the City Council of the City of Newport Beach
held a duly noticed public hearing regarding this ordinance;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
Newport Beach does ordain as follows:
SECTION 1. Section 20.01.040 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.01.040 DISTRICTS DESIGNATED. The several general districts
established are as follows:
Agricultural- Residential District or R -A District.
Single - Family Residential District or R -1 District.
R -1.5 District.
Duplex Residential District or R -2 District.
Restricted Multiple - Family Residential District or R -3 District.
Multiple Residential District or R -4 District.
Multi - Family Residential or MFR District
Administrative and Professional District or A -P District.
Neighborhood Commercial District or C -N District.
Light Commercial or C -1 District.
General Commercial District or C -2 District.
Manufacturing District or M -1 District.
Controlled Manufacturing District or M -1 -A District.
Open Space District or OS District.
Unclassified or U District.
Specific Plan District or SP District
Planned Community District or PC District.
(Ord. 89 -28; Dec. 27, 1989).
SECTION 2. Section 20.06.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.06.050 PERMITTED SIGNS.
A. RESIDENTIAL DISTRICTS.
1. In the R -A, R -1, R -1.5, R -2 and SP-4 (residential) Districts: One name or
identification sign not exceeding two (2) square feet in area.
2. In the R -3 District: One name or identification sign not exceeding six (6)
square feet in area.
3. In the R -4 and C -R: One name or identification sign not exceeding twelve
(12) square feet in area.
B. COMMERCIAL AND INDUSTRIAL DISTRICTS.
1. In the A -Pp% and C -N Districts: A maximum of three (3) signs, the
combined area not to exceed one hundred (100) square feet.
0 2. In the C -R District: Signs appurtenant to any use shall be permitted,
provided that the total square footage of signs shall not exceed one (1)
square foot for each lineal foot of building frontage.
3. In the C -O, C -1, C -2, M -1, M -1 -A, and SP-4 (commercial)
Districts: Signs appurtenant to any permitted use.
C. AUTOMOBILE SERVICE STATIONS IN ANY DISTRICT (except P -C).
Permanent Exterior Signs -- A maximum of seven (7) permanent signs shall be permitted
on any service station site as follows:
1. One double -faced free - standing sign, not exceeding a height of twenty -five (25)
feet and an area of thirty -six (36) square feet for each side.
2. Two wall signs to be located on the exterior facades of the building and not
exceeding ten (10) square feet each.
3. Price signs for fuel products shall be permitted, provided that the number, size
and location of such signs comply with and do not exceed that which is
required to satisfy minimum price sign requirements as provided in Sections
13530 through 13534 of the Business and Professions Code of the State of
California. Price signs shall be of, materials in harmony with those utilized in
the building.
4. One sign identifying the operator of the premises and address of the building,
to be located on the building and not exceeding a total of six (6) square feet.
5. All small signs advertising products for sale, trading stamps, credit cards and
the inspection of pollution control devices, lamps and brakes, as authorized by
the State, shall be clustered into not more than three (3) sign groupings
located on the building face and a total of which shall not exceed twelve (12)
square feet in area, exclusive of the additional space required for signs
advertising State - authorized services. The sign background shall be of
materials in harmony with those utilized in the building.
6. One double -faced sign, in a permanent frame, not exceeding an area of twelve
(12) square feet for each side, for promotional purposes, but excluding any
reference to price.
•No rotating, flashing, blinking or signing with animation, flags, banners or other
attention - attracting devices shall be permitted on a permanent basis. Attention - attracting
devices may be permitted for thirty (30) days, however, when connected with an opening or
change in ownership or management of a service station.
D. DRIVE -IN AND OUTDOOR RESTAURANTS IN ANY DISTRICT.
Signs shall be subject to the following restrictions:
1. The subject matter of any signs shall be limited to the name of the business
and the food products and beverages sold on the premises on which the signs
are located.
2. The total area of all signs on the site shall not exceed two (2) square feet for
each lineal foot of property on a street. In the case of corner lots or double
frontage lots only one street frontage may be used to determine the maximum
allowable sign area.
3. All signs shall be mounted flat against a building and shall be limited in size
to fifty(50) square feet each, except that one free standing sign not to exceed
one hundred (100) square feet shall be permitted. (Ord. 91 -49, February 12,
• 1992).
SECTION 3. Section 20.68.025 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.68.025 Massage Establishments As An Independent Use.
A massage establishment which operates as an independent use, shall be permitted in the
C -0, C 1, C-2 Districts, M -1 -A District, IkY >; °Cacommercial areas of P -C
Districts and commercial areas of the SP-4 (Newport Shores Specific Plan) and SP -5
(Mariner's Mile Specific Plan) Districts, subject to the securing of a Use Permit in each
case, and provided further that such establishment conforms to the following:
A. Location Requirements.
Notwithstanding any other provision of the Newport Beach Municipal Code, no use
permit shall be approved by the City of Newport Beach for any massage establishment if the
proposed site is located:
1. Within 500 feet of any public or private school, park or playground, civic
center, cultural site or church site; or
• 2. Within 500 feet of any other massage establishment.
B. Waiver of Location Restrictions.
Any property owner or his authorized agent may apply a waiver of the location
restrictions contained in this Section. The Planning Commission, after a public hearing, or
City Council on appeal or review, may waive any location restriction, if all the following
findings are made:
1. The proposed use will not be contrary to the public interest or injurious
to nearby properties, and that the spirit and intent of this Section will be
observed; and
2. The proposed use will not enlarge or encourage the development of an
urban blight area; and
3. The establishment of an additional regulated use in the area will not be
contrary to any program of neighborhood conservation nor will it
• interfere with any program of urban renewal; and
4. The use at the proposed location will not adversely affect the use of a
place used exclusively for religious worship, school, park or playground;
and
5. All applicable regulations of this Newport Beach Municipal Code will be
observed. (Ord. 92 -2, March 25, 1992).
SECTION 4. Section 20.70.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.70.030 USE PERMIT REQUIRED. Automobile service stations may be
permitted in the C -N, C -O, C -1, C -2, M -1, M -1 Xty(,g`1' and U Districts, subject to
the requirement of a use permit for each development. The procedure governing the
issuance of all use permits for such developments shall be governed by the provisions of this
chapter and Chapter 20.80, entitled "PERMITS." (Ord. 1411 3 (part), 1972).
SECTION 5. Section 20.74.030 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.74.030 SPECIAL RESTRICTIONS.
A. LOCATION RESTRICTIONS. Uses classified herein as 'adult entertainment
business' shall be permitted in the C -0, G1, C- t ,:R$-*,. Districts and commercial
areas of P -C Districts. In these districts it shall be unlawful to establish any such 'adult
entertainment business' if the location is:
1. Within 500 feet of the boundary of any residential district as shown on the City
of Newport Beach districting map or within 500 feet of any residential use; or
2. Within 1000 feet of any other 'adult entertainment business ; or
3. Within 1000 feet.of any public or private school, park, playground, civic or
cultural building, church or beach.
B. WAIVER OF LOCATION RESTRICTIONS. Any property owner or his authorized
agent may apply to the Planning Commission for a waiver of any location restrictions
contained in this Section. The Planning Commission, after a public hearing, may waive any
location restriction, if all the following findings are made:
• a. That the proposed use will not be contrary to the public interest or injurious
to nearby properties, and that the spirit and intent of this Section will be
observed; and
b. That the proposed use will not enlarge or encourage the development of an
urban blight area; and
C. That the establishment of an additional regulated use in the area will not be
contrary to any program of neighborhood conservation nor will it interfere with
any program of urban renewal; and
d. That all applicable regulations of this Newport Beach Municipal Code will be
observed.
The procedure for the public hearing waiving location restrictions shall be as set
forth in Section 20.80.050(B) of the Newport Beach Municipal Code, with the same right
•of appeal as provided in Section 20.80.070 of this Code.
C. In addition to the land use controls and restrictions as set forth in this Chapter, all
other restrictions, controls and regulations established in Title 20 of this Newport Beach
Municipal Code shall apply to the land uses that are the subject of this Chapter.
D. AMORTIZATION. Any adult entertainment business, as defined in this Chapter,
in existence as of the effective date of this Ordinance, and which has been determined to
have a legal, nonconforming status, shall, within three years after the date of this Ordinance,
terminate all aspects of such business not in compliance with the provisions of this
Chapter.(Ord. 88 -2 § 1,1988).
SECTION 6. 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, and the same shall become effective thirty (30) days after the date of its adoption.
SECTION 7. This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 12th day of October, 1992, and adopted
• on the 9th day of November 1992, by the following vote, to wit:
AYES, COUNCIL MEMBERS HEDGES. WATT,
TURNER, SANSONE, HART, COX, PLUMMER
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
ATTEST:
CITY CLERK MAYOR