HomeMy WebLinkAbout17 - PA2004-104 - Mariners Mile Landscape StandardsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item: 17
July 13, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Gregg B. Ramirez, Associate Planner
(949) 644 -3230, gramirez(a)city.newport- beach.ca.us
SUBJECT: Mariner's Mile Landscape Standards
Municipal Code Section 20.42.050(M)
Code Amendment No. 2004 -006 (PA 2004 -104)
Issue
Should the City Council amend the Mariners' Mile landscape standards to reduce the
number of palm trees required and provide flexibility in the species of hedges required
across the frontage of building sites? The area affected is those commercially designated
properties with frontage on Coast Highway between Newport Boulevard and the Back Bay
Bridge.
Recommendation
Staff recommends the City Council conduct a public hearing; and introduce Ordinance
No. 2004- approving Code Amendment No. 2004 -006; and pass to a second
reading on July 27, 2004. The proposed amendments have been included as noted by
sts.'keGut and underline in Exhibit "A" of the Draft City Council Ordinance. (Attachment
A)
Background
The Planning Commission took action on January 13, 2004 to initiate the proposed
amendment. On June 17, 2004 the Planning Commission voted unanimously to
recommend that the City Council approve the suggested amendment.
Introduction
The Mariner's Mile Specific Plan and zoning for the remainder of Mariner's Mile was
amended in 2000 and new landscape standards were established. A minimum 4 foot
wide hedge and palm row planted at the back of the sidewalk is required across the
frontage of each parcel with the goal to provide a continuum of landscaping along the
Mariner's Mile Landscape Standards
July 13, 2004
Page 2
entire Mariner's Mile as an urban design element linking the district together. The code
requires the hedge be Ligustrum J. "Texanum" (Texas Privet) and planted at a minimum
30 inches in height. The palm species is Washingtonia robusta (Mexican fan palm) with
a minimum 8 foot trunk height and subdrainage system. The number of required palm
trees is one per each 18 feet of street frontage which may be evenly spaced or
clustered in groups (minimum 3 palms in each group).
In addition to the specific plan and zoning regulations, the City adopted the Mariner's
Mile Strategic Vision and Design Framework which cites landscaping as having the
greatest potential to promote positive change and visual coherence and quality. The
goal of the Landscape Framework is to "create continuity through common landscaping
improvements throughout Mariner's Mile." Additionally, the framework attempts to
promote visual coherence and constancy through the tree and shrub species selected
for use. It should be noted that the Mariner's Mile Strategic Vision and Design
Framework are guidelines only with the Specific Plan and zoning acting as the
implementation mechanism.
Based upon issues raised during the implementation of several recent projects, the
review of potential new projects and discussion with City and private landscape
professionals, staff proposes two changes that will provide flexibility in the species of
hedge and change the required number of palms to one per each 30 feet of street
frontage. Both changes are relatively minor in nature and it is staffs belief, based upon
consultation with landscape professionals, the changes do not significantly stray from
the goal of the specific plan regulations or the Strategic Vision and Design Framework.
Discussion
Hedges
The Ligustrum j. 'Texanum' is a dense evergreen shrub adequate for screening parking
lots. However, the Ligustrum is a fast growing shrub with a natural mature height of 6 -9
feet, and keeping them 30 " -36" high causes high maintenance requirements. Staff is
recommending that the Buxus microphylla japonica (Japanese Boxwood) and Carissa
macrocarpa 'Tuttle' be added to the regulations so a measure of flexibility is allowed.
Both species share similar characteristics with Ligustrum, being evergreen dense
shrubs ideal for screening parking lots. Both are naturally lower growing than Ligustrum
thereby reducing maintenance time. Spacing for the Buxus and Carissa will be 18
inches and 24 inches on center, respectively, which will ensure a continuous screen is
achieved. As such, both will still produce the visual coherence and constancy described
in the Strategic Vision and Design Framework.
Palms
Staff recommends reducing the required number of trees from 1 per each 18 feet of
street frontage to 1 per each 30 feet of street frontage with a minimum of 2 palms
required per lot. The new regulations will assure that adequate numbers of palms are
Mariner's Mile Landscape Standards
July 13, 2004
Page 3
installed to achieve the visual coherence and consistency discussed in the Mariner's
Mile Strategic Vision and Design Framework while going further to preserve views of the
bay from the residential areas above Mariner's Mile. The current requirement is believed
by staff and others to require too many trees which are too closely spaced.
No change from the required Washingtonia robusta (Mexican fan palm) species is
proposed. Other species of trees or palms on properties that are redeveloped in the
future are permitted to remain so long as they are moved from or not located in the
required 4 -foot frontage planter. Adding flexibility to the species of palm was
considered, but the specific look and character of the Washingtonia robusta is sought
and no other palms offer similar physical attributes.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
per Section 15305 (Minor Alterations in Land Use Limitations) of the implementing
guidelines of the California Environmental Quality Act.
Public Notice
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance
of this hearing consistent with the Municipal Code. Additionally, the item appeared upon
the agenda for this meeting, which was posted at City Hall and on the city website.
Conclusion
The revised landscape regulations will allow for some flexibility by property owners with
regard to what shrub species may be used in the required 4 foot planter area while still
meeting the visual coherence and consistency goal described in the Strategic Vision
and Design Framework. Additionally, the reduction in the required number of palms will
create a situation where properties are not overwhelmed with palms yet the continuum
of a palm lined street will be achieved while reducing impacts to views.
Prepared by: Submitted by:
Z61 Ig
Gregg B. Ramirez, Associat Planner
Attachments:
pa4u�ioL L
Patricia L. Temple, Manning Director
A. Draft City Council Ordinance No._ and Exhibit "A" (Revised Code Text)
B. Draft Planning Commission Resolution and Draft Minutes from the June 17, 2004
Planning Commission Hearing.
ATTACHMENT A
Draft City Council Ordinance No._ and
Exhibit "A" (Revised Code Text)
I
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE RELATING TO SECTION
20.42.050(M) MARINERS MILE LANDSCAPE STANDARDS (PA2004-
104)
WHEREAS, on May 20, 2004 the Planning Commission of the City of Newport
Beach initiated an amendment to Title 20 of the Newport Beach Municipal Code to
amend section 20.42.050(M); and
WHEREAS, on June 17, the Planning Commission of the City of Newport Beach
held a noticed public hearing regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommended
approval of this code amendment to the City Council; and
WHEREAS, on July 13, 2004, the City Council of the City of Newport Beach held
a noticed public hearing regarding this code amendment; and
WHEREAS, The addition of two shrub species will allow some variation and
options for developers and property owners and the reduction in the number of required
Washingtonia robusta (Mexican fan palm) from 1 per each 18 feet of street frontage to 1
per every 30 feet is consistent with the intent of the Mariner's Mile Strategic Vision and
Design Framework and will create the continuum of landscaping sought; and
WHEREAS, pursuant to the California Environmental Quality Act, the proposed
amendment is exempt from environmental review pursuant to section 15305, minor
alterations in land use limitations, of the implementing guidelines of CEQA since the
amendment to the Zoning Code is a modest change in landscaping requirements.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to
revise Section 20.42.050(M) of the Municipal Code 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 newspaper of
the City, and the same shall become effective thirty (30) days after the date of its
adoption.
6—
City of Newport Beach
City Council Ordinance No.
Paqe 2 of 2
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on July 13, 2004, and adopted on the 27th day of July 2004,
by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
1,110106T.01
ATTEST:
CITY CLERK
110
Exhibit "A"
(M) Landscape areas shall be provided as follows:
West Coast Highway, Tustin & Riverside Avenue — a minimum 4 -foot wide planting
area (excluding any planter curbs) measured from the back of sidewalk to parking lot or
building shall be provided on each property that fronts Coast Highway, Tustin Avenue
and Riverside Avenue. This continuous planter area shall be required across the entire
frontage of the property except where either buildings at back of walk or driveways are
existing and are to remain and shall contain a continuous hedge and palm trees. The
hedge shall consist of either the Ligustrum f "Texanum" (Texas Privet) planted a
minimum of 30 inches on center, the Buxus microphVlla iaponica (Japanese Boxwood)
planted a minimum of 18 inches on center or the Carissa macrocarpa 'Tuttle' planted a
minimum 24 inches on center and are to be a minimum of 30 inches in height. Palm
trees shall be Washingtonia robusta (Mexican Fan Palm) with a minimum of 8 foot
trunk height and subdrainage system. The minimum number of palm trees shall be
calculated by dividing the total street frontage by 30 4-9 feet. The number of palms
resulting from this calculation is the tfiinimum standa-a are required; however a
minimum of two palms are required per lot. Palm spacing can be modified slightly or
palms can be clustered in groups of three (3) minimum as long as the number of palms
installed is equal to the minimum standard.
2. Uncovered parking spaces on -grade shall have interior landscaping in the form of one
(1) tree per every 4 parking spaces. Palm trees should be used for properties located
adjacent to the Bay and shade trees should be used for inland properties.
3. A minimum of 50 percent of the area of the required setback from Coast Highway shall
be devoted to landscape areas.
4. The plant selections should be consistent with the adopted Mariner's Mile Design
Framework.
5. Landscaping of bluff areas, property line walls and medians should be consistent with
the recommendations contained within the Mariner's Mile Design Framework.
6. All planting areas shall be provided with a permanent underground automatic sprinkler
irrigation system of a design suitable for the type and arrangement of the plant materials
selected.
7. All planting areas shall have a minimum inside dimension of 4 feet and parking lot
planters shall be a minimum of 25 square feet excluding protective curb.
S. All areas in a parking lot not used for driveways, maneuvering areas, parking stalls and
walks, shall be permanently landscaped.
9. All plant materials shall conform to or exceed the plant quality standards of the latest
edition of American Standard for Nursery Stock published by the American Association
of Nurserymen, or the equivalent.
10, Planting areas adjacent to vehicular activity shall be protected by a continuous concrete
curb or similar permanent barrier.
11. Landscaping shall be located so as not to impede vehicular sight distance to the
satisfaction of the Traffic Engineer.
12. All landscape materials and irrigation systems shall be maintained in accordance with
the approved landscape and irrigation plans. All landscaped areas shall be maintained
in a healthy and growing condition and shall receive regular pruning, fertilizing,
mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All
irrigation systems shall be kept operable, including adjustments, replacements, repairs,
and cleaning as part of regular maintenance. The property owner shall execute and
record a restrictive covenant and agreement which grants assurance to the City that the
landscaping and irrigation system is properly maintained in accordance with the
approved plans.
13. Landscape planting and irrigation plans and specifications shall be submitted by the
applicant and approved by the Planning Director prior to the issuance of a building
permit.
ATTACHMENT B
Draft Planning Commission Resolution and Draft Minutes from the
June 17, 2004 Planning Commission Hearing
I
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF AN AMENDMENT TO THE MARINER'S MILE SPECIFIC
PLAN REGULATIONS RELATED TO LANDSCAPING (PA2003 -073)
WHEREAS, the Mariner's Mile Specific Plan District (SP -5) requires the use of
the Ligustrum j. 'Texanum', in the required frontage planter area, and requires a
minimum of 1 Washingtonia robusta per each 18 feet of street frontage in the required
frontage planter area.
WHEREAS, Ligustrum j. 'Texanum' is a fast growing shrub with a 6 -9 foot high
mature size which leads to high maintenance requirements. Additionally, the existing
requirement of 1 Washingtonia robusta palm per each 18 of street frontage is excessive
and will create a more dense crowding of palms than necessary to achieve the
landscape goals of the Mariner's Mile Strategic Vision and Design Framework.
WHEREAS, the amendment is desired to give property owners flexibility when
selecting a shrub species but limits their choices to three shrubs with physical
characteristics that will ensure the visual coherence and constancy among Mariner's
Mile properties described in the Strategic Vision and Design Framework.
WHEREAS, the amendment is desired to assure that excessive numbers of
palms are not required on lots not large enough to support 1 per each 18 feet while still
meeting the goals of the Mariner's Mile Strategic Vision and Design Framework by
requiring 1 palm tree per each 30 feet of frontage.
WHEREAS, The Planning Commission initiated the proposed amendments on
May 20, 2004.
WHEREAS, Both City and private landscape professionals have been consulted
regarding the two shrub species selected and the reduction in number of required
palms.
WHEREAS, A public hearing was held on June 17, 2004 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.
WHEREAS, The Planning Commission finds as follows:
1. The proposed amendments to Section 20.42.050(M) of the Mariner's mile
Specific Plan (SP -5) are consistent with the intent of the existing Specific
Plan Landscape Regulations.
ID
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 2
2. The proposed amendments to Section 20.42.050(M) of the Mariner's Mile
Specific Plan (SP -5) are consistent with the intent of the Mariner's Mile
Strategic Vision and Design Framework.
3. The proposed amendments to the Section 20.42.050(M) of the Mariner's
mile Specific Plan (SP -5) are consistent with the General Plan and will not
be detrimental to the City of Newport Beach.
4. The addition of two shrub species will allow some variation and options for
developers and property owners but, are similar in physical characteristics
so the goal of continuity through common landscaping among all
properties will be achieved.
5. The reduction in the number of required Washingtonia robusta (Mexican
fan palm) from 1 per each 18 feet of street frontage to 1 per every 30 feet
will still provide enough palms to achieve the palm continuum as detailed
in the Mariner's Mile Strategic Vision and Design Framework.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Newport Beach hereby recommends approval of Code Amendment No. 2004-
006 for the proposed amendments to the Mariner's Mile Specific Plan landscape
regulations (Code Section 20.42.050(M)) pertaining to shrub and palm landscaping
requirements as proposed in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JUNE 2004.
AYES:
go
Earl McDaniel, Chairman
BY:
Michael Toerge, Secretary
Planning Commission Minutes 06/17/2004
ate open during business hours only and the use of the reserved
parkin aces be discontinued.
Commissioner TO noted he has no objection to the Planning
Director enforcing the ting use permit for the club. Whatever is
feasible to enforce is up to Planning Director. He agreed to the
gate being open during business rs and the use of the reserved
parking spaces being discontinued.
Ayes:
Eaton, Cole, McDaniel, Selich Tucker
Noes:
None
Absent:
Toerge and Kiser
Abstain:
None
SUBJECT: Mariner's Mile Landscape Amendment (PA2004 -104)
Commercially designated properties fronting on Coast
Highway between MacArthur Boulevard and the Bay Bridge
An amendment to Chapter 20.42 (Mariner's Mile Specific Area Plan) related
to landscape requirements.
Public comment was opened.
Public comment was closed.
Motion was made by Chairperson McDaniel to approve Code
Amendment 2004 -006 to the City Council by adopting the draft
Resolution attached to the staff report.
Ayes:
Eaton, Cole, McDaniel, Selich and Tucker
Noes:
None
Absent:
Toerge and Kiser
Abstain:
None
SUBJEC St. Andrews Presbyterian Church Expansion
(PA2002 -265)
600 ndrews Road
Request for a General Plan Am ment, Zone Change and Use
Permit for the replacement and constr n of additional buildings
and a below grade parking garage. The Ge I Plan Amendment
involves an increase the maximum allowable buil area with no
change to the existing land use designation. The Zone Ch e would
change the zoning district from R -2 & R -1 to GEIF to be cons nt
with the existing General Plan, Land Use Element designation. The
Use Permit involves the alteration of existing buildings, replacement of
the existing fellowship hall and classroom building and the
file://H:\Plancomm\2004\0617.htm
Page 27 of 29
ITEM NO.5
PA2004 -104
Recommended
for approval
ITEM NO. 6
PA2002 -265
c.
r�
NOTICE OF PUBLIC HEARING
Mariner's Mile Landscape Standards
PA2004 -104
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on Code Amendment No. 2004 -006 related to landscape standards applicable to
properties within the Mariner's Mile Specific Area Plan and the Mariner's Mile Overlay district.
The area affected is those commercially designated properties with frontage on Coast Highway
between Newport Boulevard and the Back Bay Bridge. The proposed amendment seeks to reduce
the number of palm trees required and provide flexibility in the species of hedges required across
the frontage of redeveloped properties. This project has been reviewed, and it has been determined
that it is categorically exempt per Section 15305 (Minor Alterations in Land Use Limitations) of the
implementing guidelines of the California En- 6ronmental Quality Act.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on July 13,
2004, at the hour of 7:00 p.m. in the Council Chambers of the Newport Beach City Hall, 3300
Newport Boulevard, Newport Beach, California, at which time and place any and all persons
interested may appear and be heard thereon. If you challenge this project in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
LaVonne M. Harkless, City Clerk
City of Newport Beach
aci-0 v
C�
0 I
G�
3 -0H
NOTICE OF PUBLIC HEARING
Mariner's Mile Landscape Standards
PA2004 -104
NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a
public hearing on Code Amendment No. 2004 -006 related to landscape standards applicable to
properties within the Manner's Mile Specific Area Plan and the Mariner's Mile Overlay district.
The area affected is those commercially designated properties with frontage on Coast Highway
between Newport Boulevard and the Back Bay Bridge. The proposed amendment seeks to reduce
the number of palm trees required and provide flexibility in the species of hedges required across
the frontage of redeveloped properties. This project has been reviewed, and it has been determined
that it is categorically exempt per Section 15305 (Minor Alterations in Land Use Limitations) of the
implementing guidelines of the California Environmental Quality Act.
NOTICE IS HEREBY FURTHER GIVEN that said public hearing will be held on July 13,
2004, at the hour of 7:00 p.m in the Council Chambers of the Newport Beach City Hall, 3300
Newport Boulevard, Newport Beach, California, at which time and place any and all persons
interested may appear and be heard thereon. If you challenge this project in court, you may be
limited to raising only those issues you or someone else raised at the public hearing described in this
notice or in written correspondence delivered to the City at, or prior to, the public hearing. For
information call (949) 644 -3200.
, -, /�,
LaVonne M. Harkless, City Clerk
City of Newport Beach
Authorized to Publish Advertisements of all kinds including public notices by
Decree of the Superior Court of Orange County, California. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
parry to or interested in the below entitled
matter. I am a principal clerk of the
NEWPORT BEACH - COSTA MESA
DAILY PILOT, a newspaper of general
circulation, printed and published in the
City of Costa Mesa, County of Orange,
State of California, and that attached
Notice is a true and complete copy as
was printed and published on the
following dates:
July 3, 2004
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on July 3, 2004
at Costa Mesa, California.
Signature
7�lul
NOW OF PUB!( HFARWG
Marines M16
w1lismsmilh s
PA2004 -104
NOTICE IS HEREBY
GIVEN that the City'
Council of the City of
Newport Beach will hold
a public hearing on Code
Amendment No. 2004-
006 related to landscape
standards applicable to
properties within the
Mariner's Mile Specific
Area Plan and the
Mariner's Mile Overlay
district. The area af-
fected is those com�
mercially designated
properties with frontage
f t H'¢hway be-
tween Newport Boule-
vard and the Back Bay
Bridge. The proposed
amendment seeks to
reduce the number of
palm trees required and
provide flexibility in the
Spec ies of hedges re-
quired across the
frontage of redeveloped
properties. This project
has been reviewed, anc
it has been determinec
that it is categorically
exempt per Sectior
in
of
f the Cali -
ironmental
Quality Act.
NOTICE IS HEREBY
FURTHER GIVEN that
said public hearing will
be held on July 13,
2004, at the hour of
7:00 p.m. in the Council.
Chambers of the New-
port Beach City Hall::
3300 Newport Boule-
vard, Newport Beach,
California, at which time
and place any and all
persons interested may
appear and be heard
thereon. If you challenge
this project in court, you
may be limited to raising
only those issues you or
someone else raised at
the public hearing
described in this notice
or in 'written corre-
spondence delivered to
the City at, or prior to.
the public hearing. For
information call (949)
644 -3200.
taVenne M. Harkless,
City Clerk
City of Newport Beach
Published Newport
Beach /Costa Mesa Daily
Pilot July 3, 2004 Sa673