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Home My WebLink About10 - Council Policy A-6: Balboa Peninsula Overlay DistrictCITY OF NEWPORT BEACH City Council Staff Report February 10, 2015 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager— (949) 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager PHONE: (949) 644 -3002 TITLE: Council Policy A -6: Balboa Peninsula Overlay District ABSTRACT: Per Council Policy A -6, Mayor pro Tern Dixon has asked if Council would consider discussing a Zoning Code amendment to create a Balboa Peninsula Overlay District to modify standards and regulations related to existing and proposed Eating and Drinking Establishments (i.e. restaurants, bars, lounges, nightclubs) with on -sale Alcoholic Beverage Control licenses. RECOMMENDATION: Direct staff to initiate an amendment to the Zoning Code and other related Municipal Code sections as necessary to create the Balboa Peninsula Overlay District. The overlay district would include performance standards and regulations specific to the Balboa Peninsula in order to address the effects of on -sale alcoholic beverage service and, direct staff to bring this matter back to the City Council for a Study Session prior to scheduling Planning Commission hearings. FUNDING REQUIREMENTS: Should Council initiate this code amendment, it will be prepared using existing staff resources, no additional funding is required. DISCUSSION: At the January 27, 2015 Council Meeting, Mayor Pro Tern Dixon requested that City Council consider initiation of Zoning Code amendment that would create an overlay district on Balboa Peninsula that would include additional performance standards for existing and proposed restaurants and bars that serve alcoholic beverages (on- sale). The Zoning Code currently requires the application and approval of a Minor Use Permit for restaurants that close at 11:00 p.m. or earlier (No Late Hours) and a Conditional Use Permit for restaurants and bars closing after 11:00 p.m. (Late Hours). Additionally, new late hours establishments or existing ones, that increase occupancy or amend their use permit, are required to apply for, and receive approval of, an 10-1 operator license issued by the Chief of Police pursuant to Chapter 5.25 of the Municipal Code Existing code regulations and project specific conditions of approval imposed by a use permit and operator license cover a variety of issues such as hours of operation, noise, security and responsible alcoholic beverage service. However, many existing late hour restaurants and bars were approved years, if not decades, ago, and are subject to few conditions of approval. Several others are legal non - conforming because they were established prior to City requirements to obtain a use permit and have no specific conditions of approval. The code amendment may include the following: 1. The creation of an overlay district that includes the commercial and mixed -use zoning districts from 47th Street east to Balboa Village. 2. Additional performance standards for on -sale restaurants and bars that address on -site and secondary effects restaurants and bars open past 11 p.m. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. This action would place an item for consideration on a future meeting agenda. Environmental analysis would be performed consistent with CEQA prior to acting on any proposed code amendment. 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 A - ABC Peninsula Map Area 10 -2 HIGHWAY n ti W TURNING z , BASIN I @a 6«> Residential Zoning Districts Industrial Zoning Districts Single -Un it Residential IG Ideal R-A Special Purpose Zoning D R-1 OS- Open Sprats R -14000 PR - PaMS and Racreaiion VIII R -1 -0200 PF- Public FacirRies R -1 -10000 PI- Private Institutions Two -Unit Residential PC - Planned Community R -2 R- BI (Balboa Island) R -2 "6000 Multi -Unit Residential - RM - RM -D - RM -6000 Commercial Zoning Districts Commercial CN- COmmercol NeighWrbood CO- Commarcal Condor - CG- Commercial General - CV �Carna al Vlation- Serving - CM- Commercial Recreational and Marna. Commercial Office OM - OMCe - Metlical OG - DR., - Car lConnancal OA-Otfice- Ai,,.n OR- Office - Regional Commercial Mixed -Use Zoning Districts MU -V - Mxe'l Ilse Vertlwl MU- CV115TH 6T-Carol Village MU -DW - Dover I Weslaliff MU -MM - Mariner's Mile MU -W1- Mixatl Use Water Posted MU -W2- Mixed Use Water Raised Document Name: ABC—Peninsula _Zoning_AU- 10! t E Z ATTACHMENT A 1% i n, O RO�ONrORY COAST �ai PPOMONYORY DRIVE E25{ aFYSbe COVe N W E S 0 0.125 0.25 �N _ L _i 3� p� =L= CHAAbNEL llNmr� e 'C 10 -3