HomeMy WebLinkAbout04 - Lido House HotelCITY OF
NEWPORT BEACH
City Council Staff Report
September 23, 2014
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: James Campbell, Principal Planner
PHONE: (949) 644 -3210, jampbell@newportbeachca.gov
TITLE: Adoption of Ordinance No. 2014 -16 Approving Zoning Code Amendment No. CA
2014 -003 for the Former City Hall Site and Lido House Hotel
ABSTRACT
The second reading and adoption of Ordinance No. 2014 -16, approving Zoning Code Amendment No. CA
2014 -003 establishing the MU -LV (Mixed- Use -Lido Village) zoning district and changing the zoning district
of the former City Hall site located at 3300 Newport Boulevard and 475 32nd Street from PF (Public
Facilities) to MU -LV consistent with General Plan Amendment No. GP2012 -002.
RECOMMENDATION:
Conduct second reading and adopt Ordinance No. 2014 -16 (Staff Report Attachment CC1), An Ordinance
of the City Council of the City of Newport Beach Approving Code Amendment No. CA2012 -003 for the
Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475
32nd Street (PA2012 -031).
FUNDING REQUIREMENTS:
Approval of this item does not require any changes to the current budget.
DISCUSSION:
On September 9, 2014, after a noticed public hearing, the City Council introduced and passed to a second
reading Ordinance No. 2014 -16, approving Zoning Code Amendment No. CA2012 -003. The Zoning Code
Amendment was reviewed in conjunction with a General Plan Amendment, Coastal Land Use Plan
Amendment, Site Development Review, Conditional Use Permit, and Traffic Study for the Lido House Hotel
Project.
For more information about this item, please see the staff report and related attachments from the
September 9, 2013 meeting.
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ENVIRONMENTAL REVIEW:
The Lido House Hotel Environmental Impact Report (SCH. 2013111022), including a Mitigation Monitoring
and Reporting Program, was adopted by the City Council (Resolution No. 2014 -80) on September 9, 2014,
in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and City Council Policy K -3.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment CC1 - Ordinance No. 2014 -16
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Attachment M
An Ordinance of the City Council of the City of Newport Beach Approving
Code Amendment No. CA2012 -003
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ORDINANCE NO.2014 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING ZONING CODE
AMENDMENT NO. CA2012 -003 FOR THE FORMER CITY
HALL COMPLEX LAND USE AND ZONING AMENDMENTS
LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND
STREET (PA2012 -031)
WHEREAS, On April 24, 2012, the City of Newport Beach initiated amendments of the
General Plan, Coastal Land Use Plan, and Zoning Code with respect to the former City Hall
Complex (the "Property "), legally described in Exhibit "A ", located at the northeast corner of
the intersection of Newport Boulevard and 32 "d Street at 3300 Newport Boulevard and 475
32nd Street. The amendments are generally described as follows:
a. General Plan Amendment No. GP2012 -002 - The amendment includes a text
and map change to replace the existing Public Facilities (PF) designation for the
Property with a new mixed -use land use category (MU -115) and establish density and
intensity limits within Table LU -2 of the Land Use Element by establishing a new
anomaly location.
b. Coastal Land Use Plan Amendment No. LC2012 -001 - The amendment
includes a text and map change to replace the existing Public Facilities (PF) designation
for the Property with a new mixed -use land use category (MU) and establish density and
intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change
to Policy 4.4.2 -1 to establish the policy basis for higher height limits.
C. Zone Code Amendment No. CA2012 -003 - The amendment includes a text and
map change to replace the existing Public Facilities (PF) zoning designation for the
Property with a new zone MU -LV designation (Mixed- Use -Lido Village) to establish
density and intensity limits consistent with the proposed General Plan amendment.
Development standards and allowed uses would also be established.
WHEREAS, An application was filed by R.D. Olson Development ( "Applicant') with
respect to a portion of the Property located at the northeast corner of the intersection of
Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the
City (3300 Newport Boulevard), requesting approval of a site development review, conditional
use permit, and traffic study for the development and operation of a luxury, 130 -room hotel that
would include, as originally proposed, 99,625 square feet of building area comprised of
guestrooms, public areas, and back of house (operational) areas (the Lido House Hotel). The
following approvals are requested or required in order to implement the Project as proposed:
a. Site Development Review No. SD2014 -001- A site development review
application for the development of a luxury, 130 -room hotel called the "Lido House
Hotel' and all appurtenant facilities including landscaping, parking, and public open
space along Newport Boulevard and 32nd Street. Redevelopment of the Property
Posted online: 512812013
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includes the demolition of all structures on -site at 3300 Newport Boulevard but no
demolition of Fire Station No. 2 and its appurtenant facilities. The project would include
the provision of necessary utility connections to serve the proposed project and public
improvements fronting the project site along Newport Boulevard and 32nd Street.
b. Conditional Use Permit No. UP2014 -004 - A Conditional Use Permit for the
operation of the proposed hotel and accessory/ancillary uses including the sale of
alcoholic beverages and the establishment of on -site parking management including the
use of valet parking services. Accessory and ancillary uses to the hotel include, but are
not limited to, retail uses, restaurants and bars, meeting rooms, day spa facilities
including massage, and guest recreational areas.
C. Traffic Study No. TS2014 -005 - A traffic study pursuant to Chapter 15.40
(Traffic Phasing Ordinance) of the Municipal Code.
WHEREAS, On June 5, 2014, the Planning Commission held a study session for the
project in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the
DEIR and Project.
WHEREAS, On July 17, 2014, the Planning Commission was scheduled to conduct a
public hearing for the project. However, to provide the public additional opportunity to review
the staff report, the item was continued to August 7, 2014. The August 7, 2014 was
canceled, so a special meeting was conducted on August 11, 2014.
WHEREAS, The Planning Commission held a public hearing on August 11, 2014, in the
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the Newport Beach Municipal Code ( "NBMC"). The environmental documents for the
Project comprising the DEIR, Final Environmental Impact Report ( "FEIR ") which consists of
Responses to Comments, and Mitigation Monitoring and Reporting Program ( "MMRP "), the
draft Findings and Facts in Support of Findings (Findings), Errata, staff report, and evidence,
both written and oral, were presented to and considered by the Planning Commission at
these hearings.
WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No.
1952 by a vote of 5 -0 recommending certification of the Lido House Hotel Final EIR
(Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014 -003, SCH
No. 2013111022) the Former City Hall Amendments (PA2012 -031) and Lido House Hotel
(PA2013 -217).
WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No.
1953 by a vote of 5 -0 recommending and approval of the Former City Hall Amendments
(Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012 -031) without
a mixed - use /residential component and approval of the Lido House Hotel (PA2013 -217).
WHEREAS, The City Council held a public hearing September 9, 2014, in the City Hall
Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the
Pwted online: 528/2013
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time, place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NBMC. The environmental documents for the Project comprising the Final EIR,
including the Responses to Comments and Errata (revisions) to the Draft EIR, and the
Mitigation, Monitoring and Reporting Program, staff report, and evidence, both written and
oral, were presented to and considered by the City Council at the scheduled hearing, as the
decision - making body of the lead agency, for certification as having been completed in
compliance with the provisions of CEQA and State and local guidelines implementing CEQA.
WHEREAS, The Lido House Final Environmental Impact Report'No. ER2014 -003 (SCH
No. 2013111022) was prepared for the Project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines; and City Council Policy K -3.
By Resolution No. 2014- the City Council, having/final approval authority over the
Project, adopted and certified as complete and adequate\the Lido House�.Final Environmental
Impact Report No. ER2014 -003 (SCH No. 20131111022), and adopted \Mitigation Monitoring
and Reporting Program ". Resolution No. 2014 - is hereby incorporated by reference.
WHEREAS, Zoning Code Amendments are leg
Municipal Code nor State Planning Law set fort\'6", e
denial of such amendments, unless they are deteim ni
necessity and convenience and the general welfare.
WHEREAS, The proposed code
the Newport Beach General Plan and
the conclusion of the consistency a
policies provided in the /FE,IR--,,,�
WHEREAS,
Plan Amendment
001, and provides
former citv.hall-site
andran'sit opportunities
proposed \Code Amend\ rr
GP2014 =002, including a
area while\e ring neigl
residents an0n crease ac
acts and neither the City
findings for either approval or
to be required for the public
)nt with the goals and policies of
n \The City Council concurs with
d,project with these goals and
used code amendment is consistent with the proposed General
12- 0021/and Coastal \Land Use Plan Amendment No. LC2012-
te /6se_, andl development standards for the redevelopment of the
is'I'ocated in proximity to commercial services, recreational uses,
Fith routine bus service provided along Newport Boulevard. The
nt\ provides for variety of land uses for the site consistent with
uxury hotel that will to promote revitalization of the Lido Village
orhood compatibility. The proposed hotel will serve visitors and
'ss opportunities in the Coastal Zone.
WHEREAS, �Pwr"suarit to CEQA Guidelines Section 15091, the City Council has
reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as adopted
in City Council Resolution No. , entitled "Findings and Facts in Support of Findings
for the Lido House Hotel, Final Environmental Impact Report, State Clearinghouse No.
2013111022, which findings shall be incorporated herein by reference.
PWM online: 0282013
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NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "MU -LV" Zoning District within Table 1 -1 as follows with all other existing
provisions of Section 20.14.020 and Table 1 -1 remaining unchanged.
Tiabl'e 1, -1 Mixed-Use Zoning! Districts,
MU -V
Mixed -Use Vertical
MU -V
Mixed- Use,,Vertical
MU-MM
MU -DW
MU -CV /15th Street
Mixed -Use
MU -H
Mixed'' -,Use
Use
MU -W1
MU -W2
Mixed -Use Water
MUW
Mixed- UseNWater- Related \\�
Section 2: Amend Section 20.14.010 (oZ
change the zoning district of 3300 Newport Boulevai
Facilities) to MU -LV (Mixed -Use – Lidb�Vil ge) and
Exhibit "B ". All related zoning maps or diagrams shz
with the new zoning district. Additionally, any maps of
the site as "City Hall," saidrl ba el-shall be \r iio edlfrc
of the new City Hall located —at -4 0 Civic GenterrDm
diagram is authorized 1
Section 3: 'F
add Subsection G as
igi Map Adopted by Reference) to
nd\475 32nd Street from PF (Public
stablish Anomaly #85 as depicted in
be amended to maintain consistency
iagrams,�w.ithin Zoning Code that label
,thi Zoning Map and labeling the site
as "City Hall" on any Zoning Map or
0 `(iPurposes of Mixed -Use Zoning Districts) to
stingvprovisions of Section 20.20.010 remaining
G. <Ty h6 MU -LV (Mired- Use` - Ifido Village) zoning district. This district applies to the former
City Hall complex located i at�the northeast corner of the intersection of Newport
Boulevard and 32nd\Street\\- he MU -LV designation provides for the horizontal or
vertical intermixing ofi\commercial, visitor accommodations, and /or civic uses. Civic
uses may include a c om, munity center, public plazas, fire station and /or public parking.
Section, 4: \Amen&Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts
Land Uses and Permit' Requirements) to add allowed uses and establish permit requirements
for the MU -LV zoning /district within Table 2 -9 as highlighted in Exhibit "C" with all other
existing provisions of Section 20.20.020 remaining unchanged.
Section 5: Amend 20.22.030 (Mixed -Use Zoning Districts General Development
Standards) to add development standards for the MU -LV zoning district within Table 2 -11 as
highlighted in Exhibit "D" with all other existing provisions of Section 20.20.030 remaining
unchanged.
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Section 6: If any section, subsection, sentence, clause or phrase of this ordinance
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this ordinance. The City Council
hereby declares that it would have passed this ordinance, and each section, subsection,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summa y,thereof, to be published
in the official newspaper of the City, and the ordinance shall become final and effective upon
the effective date of approval by the California Coastal Comm ission of the Coastal Land Use
Plan Amendment (LC2012 -001). < / \\��
This Ordinance was introduced at a regular
Newport Beach held on the _ day of /
, 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCI
NT COUN'CILME
ATTEST:
LEILANI I.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
RK
AARON C. HARP, CITY ATTORNEY
P=W online: 528/2013
3 of the City Council of the City of
4, and adopted o the _ day of
Rush N. Hill, II, Mayor
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EXHIBIT "A"
Legal Description
LEGAL DESCRIPTION:
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL1:
THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, T06NSHIP 6 SOUTH, RANGE 10
WEST; SAN BERNARDINO MERIDIAN, ACCORDING TO TiHE.OFFICIA PLAT FILED IN THE
DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:n�
BEGINNING AT THE INTERSECTION OF THE NC
THE NORTHERLY PROLONGATION OF THE E4
OF "LANCASTER'S ADDITION TO NEWPORTI�BE
IN BOOK 5, PAGE 14 OF MISCELLANEOUS
CALIFORNIA; THENCE NORTH 0'44'30"
PROLONGATION 400.00 FEET; THENCE WESTE
LINE AND LOT 1 IN BLOCK "A" OF\SA`D,LANCA;
461.53 FEET TO A POINT IN THE\EASTERLY
SHOWN ON TRACT NO. 108, AS SHOV1
SAID MISCELLANEOUS MAPS; THENC
SAID CENTRAL AVENUE401�79 FEET,
OF SAID LOT 1; THE;/ NCEyEASliERLY A
NORTHERLY LINE,OF THE HUDSON"
EXCEPTING THEREFROM THE' LAND D
CERTAIN RESOLUTION N0A28470F�
CERTIFIED COPY OF�WHICHI,RECORDE
OFNORANGE CO
OFFICIAL RECORDS.
RTiHERLY LINE OF "TRE HUDSON" WITH
pTERLY LINE OF LOT :h1 ,ANBLOCK 431
CH ", AS SHOWN ON A MAP hCORDED
RECORDS OF ORANGE,/COUNTY,
WEST ALONG SAID NORTHERLY
��LY`PARALLEL WITH SAID NORTHERLY
TER'-SADDITION TO NEWPORT BEACH
LINE OF''SAID CENTRAL AVENUE, AS
4AP RECORDED IN BOOK 2, PAGES 1 OF
1ERLYNALONG, THE EASTERLY LINE OF
R�L'E5S„ TO fr E NORTHWEST CORNER
E NORTHERLY OF SAID LOT 1 AND SAID
ET TO THE POINT OF BEGINNING.
CRIBED IN THE DEED ATTACHED TO THAT
E IT COUNCIL OF NEWPORT BEACH, A
Iv1ARCH11, 1946 IN BOOK 1404, PAGE130 OF
LAND DESCRIBED AS PARCEL 2 IN DEED TO THE
RCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID
BEGINNING.AT \THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S
ADDITION TO�NEWPORT✓BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE
14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE
EASTERLY ALONG\T�HE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS
32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE
ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR
DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN
BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH
27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE
NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S
ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON"
P=M odba: 5232013
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TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK'A "; THENCE SOUTHERLY
ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN
BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED
BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY 0!'F EWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN,,BOOK 1400, PAGE 189 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER
0'44'30" WEST ALONG THE EASTERLY LINE OF
THENCE NORTH 40'47'07" WEST 170.97 FEET -
SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44
OF SAID ALLEY 220.89 FEET TO THE SOUTHO
AS SHOWN ON A MAP RECORDED IN 13001
MISCELLANEOUS MAPS, RECORDS OF SAI[
89'15'30" EAST ALONG THE SOUTHERLY LINE C
A DISTANCE OF 110.00 FEET TO THE POINT OF
EXCEPTING THEREFROM THE L)
GRIFFITH COMPANY RECORDED
OFFICIAL RECORDS OF ORANGE C
ALSO EXCEPTING
COMPANY RECOR
OF ORANGE COUR
PARCEL 4:
THAT PORTION OF 1
BOOK,35„ PAGE,48
SOUTHEF
GRIFFITH
OFFICIAL
m
99
�F/ SAID 'LOT�3; THENCE NORTH
-O T/3 A DISTANCE OF 90.00 FEET;
;DINT IN TH16WiSTERLY LINE OF
AST ALONG THE,WESTERLY LINE
RLY CORNER OF TRACT NO 907,
PAGES 25 TO 36 INCLUSIVE OF
INGE COUNTY; THENCE NORTH
DrTRA'CT NO. 907 AND SAID LOT 3,
1 IN DEED TO THE
1741, PAGE 174 OF
THE LAND` DESCRIBED;,IN DEED TO THE GRIFFITH
953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS
AS SHOWN ON A MAP RECORDED IN
PS, RECORDS OF ORANGE COUNTY,
AT THE�S:G�UTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH
=ST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST
Y CORNER OF\ THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
m
OF BEGINNING';"
OF SAID LAND O,
89'15'30" EAST 4E
EAST 53.54 FEET
RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFWSA/1D ORANGE COUNTY, SAID POINT BEING THE TRUE POINT
NCE /NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE
RIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH
,FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30"
THE TRUE POINT OF BEGINNING.
PARCEL5:
LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT
BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
fled online: 5282013
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Exhibit "B"
Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the
zoning district of 3300 Newport Boulevard and 475 32nd Street and establish
Anomaly #85 as follows.
- - 4531
- 512
32 ND S T
507 ` 3421
m � a
510
—
508 1341.5
.�
'ro 506 3411
Accessory commercial floor area is
5041 �3405
CG 0.5
ppo
pm
o Y
502` � 1u
y
m O N T
500
is included within the hotel development
21NLEY nyt
r�
`i
pcH 10! 11 3345
406 3341
O
_1,2 3337
- :04 - 3333
-102 3325
400 112 ^ 3315
400 3305 3300
MU -LV
CC 0.5 FAR
e
r
R2 =
m$
d
P
F <
CN 0.3 FAR o
475
i
c
7x
O
O
0
< �6
vu UMA"
32 ND S T
3116
m � a
3112
3110
C V�R
SI
475
i
c
7x
O
O
0
< �6
vu UMA"
Anoma/v
32 ND S T
Development Limit
Other
Additional Information
Number
Accessory commercial floor area is
ml
Ny
pm
85
y
m O N T
is included within the hotel development
limit. Municipal facilities are not restricted
O
IY
MU -CV /15TH ST
1
1
�
pI
1F
Anoma/v
Development
Limits
Development Limit
Other
Additional Information
Number
Accessory commercial floor area is
allowed in conjunction with a hotel and it
85
98,725 sf of hotel
is included within the hotel development
limit. Municipal facilities are not restricted
or included in any development limit.
POSTe CN ne. 5282013
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Exhibit °C"
Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses
and Permit Requirements) to add allowed uses and establish permit requirements for
the new MU -LV zoning district within Table 2 -9 highlighted as follows:
TABLE 2 -9
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit (Section 20.52.020)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed'
Land Use
MU -W1 (5)(6)
MU -W2
MU -LV
Specific Use Regulations
See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Industry, Manufacturing and Processing, Warehousing Uses
Handicraft Industry
P
P
P
Industry, Marine - Related
P
P
—
Research and Development
P
P
—
Recreation, Education, and Public Assembly Uses
Assembly /Meeting Facilities
Small -5.000 sq. fl. or less (religious assembly may be larger
than 5,000 sq. ft.)
CUP
CUP
MUP
Commercial Recreation and Entertainment
CUP
CUP
P
Cultural Institutions
P
P
—
Parks and Recreational Facilities
CUP
CUP
P
Schools, Public and Private
CUP
CUP
—
Residential Uses
Single -Unit Dwellings
Located on 1st floor
—
—
—
Located above 1st floor
P (1)
P (2)
—
Section 20.48.130
Multi -Unit Dwellings
Located on let floor
Located above 1st floor
P (1)
P (2)
—
Section 20.48.130
Two-Unit Dwellings
Located on tat floor
—
Located above tat floor
P (1)
P (2)
—
Home Occupations
P
P (2)
—
Section 20.48.110
Care Uses
Adult Day Cam
Small (6 or fewer) P P —
Child Day Care
Small (8 or fewer)
P
P
—
Section 20.48.070
Day Care, General
—
MUP
—
Section 20.48.070
P stP.1 ord ne S EV2013
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TABLE 2.9
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit (Section 20.52.020)
MUP
Minor Use Permit (Sector, 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed'
Land Use
MU -W1 (5)(6)
MU -W2
MU4_V
Specific Use Regulations
See Part 7 of thistitle for land use definitions.
See Chapter 20.12 for unlisted uses.
Retail Trade Uses
Alcohol Sales (offsale)
MUP
MUP
Muip
Section 20.48.030
Alcohol Sales (off- sale), Accessory Only
P
P
P
Marine Rentals and Sales
Boat Rentals and Sales
P
P
P
Marine Retail Sales
P
P
P
Retail Sales
P
P
P
VisitwSerNng Retail
P
P
P
SeMce Uses —Business, Financial, Medical, and Professional
ATMs
P
P
P
Emergency Health Facilities /Urgent Care
—
P
—
Financial Institutions and Related Services (above 1st flow only)
P
P
P
Financial Institution and Related Services (1st Scor)
P
Offices—Business
P
P
P
Offices—Medical and Dental (above 1st flow only)
—
P
—
Offices—Profession
P
P
—
SeMCe Uses — General
Animal Retail Sales
MUP
MUP
—
Section 20.48.050
Artists' Studios
P
P
P
Eating and Drinking Establishments
Accessory Food SeMce (open to public)
P
P
P
Section 20.48.090
Fast Food (no late hours) (3$4)
P /MUP
P /MUP
P /MUP
Section 20.48.090
Fast Food (with late hours) (3)
MUP
MUP
MUP
Section 20.48.090
Food Service (no alcohol, no late hours) (3$4)
P /MUP
P /MUP
P /MUP
Section 20.48.090
Food SeMce (no late hours) (3)
MUP
MUP
MUP
Section 20.48.090
Food SeMce (with late hours) (3)
CUP
CUP
CUP
Section 20.48.090
Take-0ut Service— limited (3) (4)
P /MUP
P /MUP
P /MUP
Section 20.48.090
Health/Fitness Facilities
Small -2.000 sq. fl. or less
P
P
P
Maintenance and Repair Services
P
P
P
Marine SeNces
Boat Storage
CUP
CUP
—
Boat Yards
CUP
CUP
—
Entertainmenl and Excursion Services
P
P
—
Marine Service Stations
CUP
CUP
—
Water Transportation SeMCes
P
P
—
Personal Services
Massage Establishments
MUP
MUP
MUP
Chapter 5.50
Section 20.48.120
Massage Services, Accessory
MUP
MUP
MUP
Section 20.48.120
Nail Salons
P
P
P
Personal SenAces, General
P
P
P
Personal Services, Restdcled
MUP
MUP
—
Smoking Lounges
—
—
—
Pwtw Mline'. 52&2013
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TABLE 2 -9
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit (Section 20.52.020)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed'
Land Use
MU -W7 (5)(6)
MU -W2
MU -LV
Specific Use Regulations
See Part of thistitie for land use definitions.
See Chapter 20.12 for unlisted uses.
Visitor Accommodations
Hotels, Motels. Bed and Breakfast Inns, and Time Shares CUP CUP CUP
Transportation, Communications, and Infrastructure,
Parking Facilities
MUP
MUP
MUP
Communication Facilities
P
P
P
Heliports and Helistops (7)
CUP
CUP
—
Marinas
Tile 17
Manna Support Facilities
MUP
MUP
—
Ulililies, Minor
P
P
P
Utilities, Major
CUP
CUP
CUP
Wireless Telecommunication Facilities
Chapter 15.70
Other Uses
Accessory Structures and Uses
MUP
MUP
MUP
Outdoor Storage and Display
MUP
MUP
MUP
Section 20.48.140
Personal Property Sales
P
P
P
Section 20.48.150
Special E.enis
Chapter 11.03
Temporary Uses
LTP LTP I LTP Section 20.52.040
Uses Not Listed. Land uses that are not listed in the table above. or are not shown in a particular zoning district are not allowed, except as otherwise provided by
Section 20.12.020 (Rules of Interpretation).
(1) Mayonlybe located on lots with a minimum of two hundred (200) lineal feetof frontage on Coast Highway. Refer o Section 20.48.130 (Mxed -Use Projects) for
additional development standards.
(2) May only be located above a commercial use and not parking use. Refer to Section 20.48. 130 (Mmd -Use Projects) or additional development standards.
(3) Late Hours. Facilities with late hours shall mean facilities that offer soNce and are open to the public post 11:00 p.m. anydayof We week.
(4) Perm itted or Mnor Use Permit Resulted.
a. Aminor use perm its hall be required or any use located within five hundred ( 500) feel property line o property line. of any residential zoning district
b. Am lnor use permit shall be required for anyuse that maintains late hours.
(5) Approval of a minor site development review, In compliance with Section 20.52.080. shall be required prior W anydevelopment to ensure that the uses are fully
integrated and that polenbal impacts from Weir differing acWties are fully mitigated.
(6) Aminimum of fifty(50) percent of the square footage ofa mixed -use development shall be used or nonresidential uses.
(7) Applicants or City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies ollywith Slate of Caliomia permit
procedures and with any and all conditions ofapprowl imposed by the Federal Adation Administration (FAA), the Airport Land Use Commission or Orange County
(ALUC), and by the Caleans Dhlsion of Aeronautics.
Posted online'. 528(2013
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Exhibit "D"
Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to
add development standards for the new MU -LV zoning district within Table 2 -11
highlighted as follows:
TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
Development Feature
MU.W1 (3) MU -002 MU-LV Additional Requirements
Lot Dimensions (1$2)
Minimum dimensions required for each newly created lot.
Lot Area
Mixed -use structures
20.000 sq. ft.
2.500 sq. ft.
20,000 sq. ft.
Non -mixed -use structures
10,000 sq. ft.
2,500 sq. ft.
10,000 sq. ft.
Lot Width
Mixed -use structures
200 ft.
25 ft.
200 ft.
Non -mixed -use structures
60 ft.
25 ft.
50 ft.
Density (4)
Minimum/maximum allowable density range for residential uses.
Lot area required per unit
Minimum: 7.260 sq. ft. per unit
Minimum: 1,631 Maximum: 2.167
N/A
Floor Area Ratio (FAR) (5)
N/A
Mixed -use de. lopment
Min. 0.35 and Max. 0.5 for
Min. 0.35 and Max. 0.5 for
N/A
nonresidential uses.
nonresidential.
Max. 0.5 for residential uses. (3)
Max. 0.75 for residential uses.
Marc. 1.0 for mixes projects
Lido Marne Village
Min. 0.35
Max. 0.7 for nonresidential and
0.6 residential.
Nonresidential only
0.5 commercial only (3)
0.5 commercial only
98,725 sf of hotel
Setbacks
The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and
Exceptions) for setback measurement, allowed projections into setbacks, and exceptions.
Front
0
0
Newport Boulewrd:
1 ft. for below grade structures
20 ft. for stmctums up to 26
feet in height
35 ft. for siructums over 26
feet in height
Side
0
0
32nd Street:
1 ft. for below grade stmctums
1 fl. for structures up to 26 feet
In height
10 ft. for structures over 26
feet in height
Intedoc
1 ft. for below grade structures
5 ft for above grade structures
Side adjoining a residential
5 fl.
5 ft.
5 fl.
district
Rear
0
0
5 ft.
Rear residential portion of
NIA
6 ft.
5 ft .
mixed use
Rear nonresidential adjoining a
WA
5 ft.
5 ft.
residential district.
Rear adjoining an alley
WA
10 fl.
10 fl.
Bulkhead setback
10 ft.
1 10 ft.
10 fl.
Posted online: 5282013
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TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED-USE ZONING DISTRICTS
Open Space
WA I WA 1 20% of property
Common open space
Minimum 75 square feet1dwelling unit (The minimum dimension (length and width) shall be 15 feel.)
Pdwle open space
5% of the gross floor area for each dwelling unit. (The minimum dimension (length and width) shall be 6 feet.)
Minimum distance between detached structures on same lot.
Separation Distance
10 ft. 1 10 ft. 00.
Height
Maximum allowable height of structures without discretionary approval. Sae Section 20.30.060 (Height Limits and Exceptions) for
height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase In height limit.
26 ft. Win flat roof, less than 3/12 roof pitch
31 ft. with sloped roof. 3112 roof pitch or greater
155 ft. with flat roof. less than 3112
rod pitch (6)
60 A. with sloped roof, 3112 rod
pitch or greater (6)
Fencing
See Section 20.30.040 (Fences, Hedges. Walls. and Retaining Walls),
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display
See Section 20.48.140 (Outdoor Storage. Display, and Actimnes).
parking
Sea Chapter 20.40 (OAStrem parking).
Satellite Antennas
Sea Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All dewlopment and Me subdiNsion of land shall comply with the requirements of ❑tie 19(SubdlNsions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for dewlopment purposes only and are not intended to establish minimum dimensions
for the creation of ownership or leasehold (e.g.. condominium) purposes.
(3) Aminimum of fifty (50) percent ofthe square footage Ina mlxed,se dewlopment shall be used for nonresidential uses.
(4) Forme purpose of determining Me allowable number of unlls. functions eflegal lots Mat are submerged lands or tidelands shall be included inland area of the site
(5) Portions of legal lots that are submerged lands or tidelands shall be included In the net area of Me lot for the purpose of calculating the allowable floor area of structures.
(6) Mthibctiaal features such as demes . towards. cupolas. spires, and similar structures mayeaceed 55 feet by 10 late.
Posted Wine: 5182013
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