HomeMy WebLinkAbout2006-24 - Approving an Amendment to Title 17 and 20 of the Newport Beach Municipal Code Relating Land Use Regulations and Parking Requirements for Marine Charters (Code Amendment 2006-006)ORDINANCE NO. 2006-24
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING AN
AMENDMENT TO TITLE 17 AND 20 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING
LAND USE REGULATIONS AND PARKING
REQUIREMENTS FOR MARINE CHARTERS
[CODE AMENDMENT NO. 2006-0061
WHEREAS, on September 26, 2006, the City Council initiated
amendments to Title 17 and Title 20 of the City of Newport Beach Municipal
Code to revise land use regulations and parking requirements for marine
charters; and
WHEREAS, a public hearing was held on October 19, 2006 in the City
Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the meeting was given in accordance with
the Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting; and
WHEREAS, on February 14, 2006, the City Council adopted new permit
procedures for regulating commercial activities on Newport Harbor, in part, to
consolidate charter regulations to establish a single regulatory authority within the
City for commercial operations on Newport Harbor, and
.WHEREAS, current land use and parking regulations relating to marine
uses are contrary to the goal of establishing a single regulatory authority for Harbor
commercial activities; and
WHEREAS, the proposed action is not defined as a project under the .
California Environmental Quality Act (CEQA) because it involves general policy and.
procedure making activities not associated with a project or a physical change in
the environment (Section 15378 of the CEQA Guidelines).
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1: Title 17 and Title. 20 of the Newport Beach Municipal Code
shall be amended as provided in Exhibit A.
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
EXHIBIT A
Section 17.10.050
17.10.050 Issuance of Pen-nit.
Upon receipt of a complete application for commercial harbor activities
permit, the Harbor Resources Manager shall investigate the information
contained in the application. The Harbor Resources Manager shall refer the
application to the Planning Department to verify that all of the applicable Zoning
Code regulations or conditions have been addressed or complied with and Public
Works to insure safe vehicular ingress and egress, and the safe loading and
unloading of passengers and supplies. The Harbor Resources Manager may
also refer the application to the Harbor Commission, other appropriate City
departments, or to the Orange County Sheriffs Harbor Patrol for investigation,
report or recommendation. The Harbor Resources Manager may inspect, or
cause to be inspected, the vessel(s), marine sanitation device(s) of the vessel(s);
boarding facilities, parking and all upland support facilities listed in the
application. The Harbor Resources Manager shall notify applicant of his decision
in writing within ninety (90) days from the date on which a completed application
is received.
Except as provided in this section, the Harbor Resources Manager may
issue the commercial activities permit upon a determination.that approval of the
application will not adversely affect the health, safety or welfare of those who
use, enjoy, or own property near Newport Harbor.
The Harbor Resources Manager shall approve the application unless:
A. The proposed commercial activity is likely to create noise which would
adversely affect use or enjoyment of the waters of.Newport Harbor by members
of the public, or interfere with the rights of those. who own property near the
waters of Newport Harbor to the peaceful and quiet enjoyment of that property;
B. The proposed commercial activity is likely to contribute to the problem
of pollution and litter on and in the waters of Newport Harbor;
C. The vessel or craft to be used by the applicant does not satisfy the
applicable standards of the United States Coast Guard, or City, County, State or
Federal requirements of law;
D. The proposed commercial activity is likely, when viewed in conjunction
with. other anticipated charters and marine operations, to create a hazard to safe
navigation; or otherwise interfere with the rights of others :to use .the waters of
Newport Harbor;
EXHIBIT A
CA 2006-006
E. The proposed commercial activity does not provide facilities to ensure
adequate parking, safe vehicular ingress and egress, and the safe loading and
unloading of passengers and supplies for the period subject to permit. For the
purpose of this section, parking shall not be considered adequate unless the
number of parking spaces required by Chapter 20.66 of this code are provided
for the duration of the permit and will be available during the days and hours of
operation specified. by the permit and that any off -site parking arrangements have
been approved by the Planning Commission or the Planning Director;
F. The commercial activity would violate City, County, State or Federal
requirements of law;
G. The applicant has misrepresented material facts in the application;
H. The proposed commercial activity does not provide uplands support,
docking or boarding facilities sufficient to safely accommodate the size of
vessel(s) or number of passengers indicated on the application;
I. The proposed commercial activity includes an upland use that requires a
use permit or other approval under the City Zoning Code, and such. permit has
not been obtained;
J. The applicant has a permit which is currently revoked or has been
revoked or suspended, or a notice of revocation or suspension no longer subject
to appeal has been issued within the past ninety (90) days. .(Ord. 2006 -3 § 2
(part), 2006)
Section 20.05.050
Q. Marine Sales and Services.
1. Boat Rentals and Sales. Establishments engaged in
the rental, or sale of boats or ships, including storage
and incidental maintenance. This 'classification
includes establishments engaged in the sale or rental
of personal watercraft, such as canoes, kayaks, and
jet -skis, but does not include Entertainment and
Excursion Services.
EXHIBIT A
CA 2006-006
2
2. Boat Storage. storage of operative or inoperative
boats or ships.
3. Boat Yards. construction and repair of boats or ships,
including the sale, installation, and servicing of related
equipment and parts.
4. Entertainment and Excursion. Services.
Establishments providing vessels engaged in the
carrying of passengers for hire for the purposes of
entertainment or excursions, including fishing, whale
watching, diving, educational activities, harbor and
coastal tours, dining /drinking, business or social
special events and entertainment.
5. Marine Service Stations. Establishments engaged in
the retail sale of gasoline, diesel, and alternative
fuels, lubricants, parts, and accessories for boats or
ships.
6. Marine Retail Sales. Establishments providing
supplies and equipment for shipping or related
services, or pleasure boating.
Sections 20.15.020, 20.20.020, 20.41.070, 20.42.040 (B), 20.43.040 (B),
20.45.030 (B), 20.46.030 (B)
Revise land use regulation schedules to change "Boat Charter, Rental, and
Sales" to "Boat Rental and Sales." Add Entertainment and Excursion Services
with the following land use regulation:
Permitted, provided operations have first secured a marine activities permit
issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal
Code).
20.66.020 Basic Requirements for Off - Street Parking and Loading
A. When Required. At the time of initial occupancy of a site,
construction of a structure or alteration or enlargement of a site or
structure.
EXHIBIT A
CA 2006.006
3
B. On -site Parking Required. Permanent parking shall be located on
the same parcel as the uses served, except for the following:
1. Townhouses and multi - family uses, where the parking is
located on another parcel within the same development site
and within 200 feet of the units they are intended to serve.
2. With the approval of an off -site parking arrangement
pursuant to Section 20.66.080: Off -site Parking.
C. Permanent Availability Required. Each parking and loading space
shall be permanently available, marked, and maintained .for parking
or loading purposes for the use it is intended to serve. The
Planning Director may authorize the temporary use of a parking or
loading space in conjunction with a seasonal or intermittent use for
a period of not more than 30 days.
D. Nonconforming Parking or Loading. Land uses and structures
which are non- conforming due solely to the lack of off - street
parking or loading facilities required by this chapter, shall be subject
to the provisions of Section 20.62.060: Nonconforming Parking.
E. Calculation of Spaces Required.
1. Fractional parking space requirements shall be rounded up
to the next whole space.
2. Fractional loading berth requirements shall be rounded down
to the.next whole space, and no berth shall be required for a
fraction less than one.
3. Where bench seating or pews are provided, 18 linear inches
of seating shall be considered to constitute a seat.
4. References to spaces per square foot are to be calculated
on the basis of gross floor area unless otherwise specified.
5. References to spaces per employee are to be.calculated on
the basis of peak employment.
6. "Net Public Area" shall be defined as the total area of Eating.
and Drinking Establishment or Cabarets and Nightclubs,
excluding kitchens, restrooms, offices pertaining to the use
only, and storage areas.
-- - - - EXHIBIT A
CA 2006.006
4.
7. References to spaces per occupant are to be calculated on
the basis of maximum occupancy approved by the City of
Newport Beach Fire Department.
F. Spaces Required for Multiple Uses. If more than one use is located
on a site, the number of off - street parking spaces and loading
berths to be provided shall be equal to the sum of the requirements
prescribed for each use.
20.66.080 Offsite Parking
A. Application. An application to allow required off- street parking on a
parcel filed in a manner consistent with the requirements contained
in Chapter 20.90: Zoning Administration.
B. Authority. The Planning Commission . shall have authority to
approve off -site parking agreements.
C. Required Notice.
1. Mailed or Delivered Notice. At least 10 days prior to the
decision on the application; notice shall be mailed to the
applicant and all owners of property within 300 feet of the
boundaries of the site, as shown on the last equalized
assessment roll or, alternatively; from such other records as
contain more recent addresses.. It shall be the responsibility
of the applicant to obtain and provide to the City the names
and addresses of owners as required by this section.
2. Contents of Notice. The notice of the proposed application
shall contain:
a. A description of the location of the project site and the
purpose of the application;
b. A statement of the purpose of the decision;
C. A reference to application. materials on file for detailed
information;
d. A statement rights of appeal.
EMBIT A
CA 2006006
D. Required Findings.
1. Such lot is so located as to be useful in connection with the
proposed use or uses on the site or sites.
2. Parking on such lot will not create undue traffic hazards in
the surrounding area.
3. Parking is permanently available, marked, and maintained
for the use it is intended to serve..
E. Recordation. Upon approval by the Planning Commission, a
permanent covenant shall be recorded with the County Recorder.
The agreement shall be approved by the Planning Director and as
to form by the City Attorney and a copy shall be filed with the
Planning. Department.
F. Marine Activities. Provided the findings in Section 20.66.080 (C)
are made, the Planning Director shall have authority to approve
temporary off -site parking for uses requiring marine activities
permits (see Chapter 17.10 of the Municipal Code) for the duration
of the permit or a period not more than one year, whichever is less.
Decisions of the Planning Director may be appealed to the Planning
Commission, as provided in Chapter 20.95. Notice shall be
required pursuant to Section 20.60.080 (C).
G. Loss of Off -site Parking.
1. Notification of City. The owner or operator. of a business that
uses approved off -site spaces to satisfy the parking
requirements of this Chapter shall immediately notify the
Planning Director of any change of ownership or .use of the
property where the spaces are located, or of the property.for
which the spaces are required, and of any termination or
default of the agreement between the parties.
2. Effect of Termination of Agreement. Upon notification that
the agreement for the required off -site parking has
terminated, the Planning Director shall establish a
reasonable time in which one of the following shall occur:
a. Substitute parking is provided that is acceptable to the
Director; or
EXHIBITA
CA 2006 -W
6
b. The size or capacity of the use is reduced. in
proportion to the parking spaces lost.
newspaper of the City, and the same shall become effective thirty (30) days after
the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of
the City of Newport Beach held on November 14, 2006, and adopted on the 28th
day of November, 2006, by the following vote, to wit:
ATTEST:
CITY CLERK
AYES, COUNCIL MEMBERS Selich, Rosanskv, Ridgeway,
Daigle_ Nichols Mm�znr wahh
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS Curry
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2006 -24 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
28th day of November 2006, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: Curry
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of November 2006.
(Seal)
<Fa / A� !'
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2006 -24 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: December 2, 2006.
In witness whereof, I have hereunto subscribed my name this 13M day of OeceA
2006.
City Clerk
City of Newport Beach, California