HomeMy WebLinkAbout86-7 - Amending Title 20 of the City of Newport Beach Municipal Code, Adding Chapter 20.63, the Cannery Village/McFadden Square Specific Area Plan, And Amending Portions of Districting Maps 3, 8, And 9, so as to Reclassify Said Property from C-1, C-1-H, CORDINANCE NO. 86 -7
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE CITY OF NEWPORT BEACH
MUNICIPAL CODE, ADDING CHAPTER 20.63,
• THE CANNERY VILLAGE /MC FADDEN SQUARE SPECIFIC AREA PLAN,
AND AMENDING PORTIONS OF DISTRICTING MAPS 3, 8, AND 9,
SO AS TO RECLASSIFY SAID PROPERTY FROM C -1, C -1 -H, C -0 -2,
M -1, U, R -2, R -3, AND R -4 to S -P6.
(Planning Commission Amendment No. 629)
follows:
The City Council of the City of Newport Beach DOES ORDAIN as
SECTION 1. The subject property is the following real
property in the City of Newport Beach, County of Orange, State of
California:
All of those parcels of land located within the following
area, from the centerline of the specific public streets
surrounding the area to the U.S. Pierhead line of the Rhine
Channel as follows:
From the centerline of the intersection of Balboa Boulevard
and 32nd Street, easterly along the centerline of 32nd
Street to the centerline of the intersection of 32nd Street
and Lafayette Avenue; southerly from this point along the
• centerline of Lafayette Avenue to the centerline of the
intersection of Lido Park Drive and Lafayette Avenue;
easterly along the centerline of Lido Park Drive, to that
point at which an extension of the U.S. Pierhead line along
the westerly side of the Rhine Channel would terminate at
the centerline of Lido Park Drive; to the south and east
along the westerly U.S. Pierhead line in the Rhine Channel
to the intersection of a line drawn from the centerline of
19th Street to the U.S. Pierhead line; southerly from this
point along the centerline of 19th Street to the southerly
extent of the Ocean Front right -of -way; northerly and
westerly along the southerly right -of -way line of Ocean
Front for 543 feet; then southerly for 100 feet; then
northwesterly across the base of the Newport Pier to the
southerly extent of the Ocean Front parking lot; then
northerly and westerly parallel to the southerly boundary of
the Ocean Front parking lot to the westerly boundary of the
Ocean Front parking lot; then northerly along the westerly
border of the Ocean Front parking lot to the southerly
right -of -way line of Ocean Front; then northerly and wester-
ly along the southerly right -of -way line of Ocean Front to
the centerline of the intersection of Ocean Front and 24th
Street; then easterly from this point along the centerline
of 24th Street to the centerline of the intersection of 24th
Street and Balboa Boulevard; northerly from this inter-
section along the centerline of Balboa Boulevard to the
intersection of the centerlines of Balboa Boulevard and 32nd
isStreet, the point of beginning,
as shown on the attached Exhibit "A" and hereinafter referred to as
"Property." Title 20 of the Newport Beach Municipal Code is hereby
amended to rezone all of the above described Property from C -1, C -1 -H,
C -0 -2, M -1, U, R -2, R -3, and R -4, to SP -6, designating the Property as
• the Cannery Village /McFadden Square Specific Plan Area.
SECTION 2. The Planning Director of the City of Newport
Beach is hereby instructed and directed to change Districting Maps 3,
8, and 9, referred to in Section 20.01.050 of the Newport Beach
Municipal Code, and by such reference is made a part of Title 20, to
reflect said change as described in Section 1 hereof, and as shown in
the attached Exhibit "B ", and when said Districting Maps have been so
amended, the same shall be in full force and effect and be part of
Title 20 of the Newport Beach Municipal Code.
SECTION 3. The Newport Beach Municipal Code, is hereby
amended to include Chapter 20.63, the Cannery village /McFadden Square
Specific Area Plan. The Property described in Section 1 is hereby
• subject to the Cannery Village /McFadden Square Specific Area Plan as
set forth in Chapter 20.63 of the Newport Beach Municipal Code, which
delineates all development standards, land uses, and other pertinent
information, regulations, and improvements for the area, as set forth
in the attached Exhibit "C ".
SECTION 4. The Planning Director of the City of Newport
Beach is also hereby instructed and directed to apply all of the
provisions of said Specific Area Plan to the Property as described
herein; the same shall be in full force and effect and be a part of
Title 20 of the Newport Beach Municipal Code.
SECTION 5. 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 within fifteen
(15) days of its adoption. The Ordinance shall be effective thirty
days after the date of its adoption.
- 2 -
•
This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 14th day of
April , 1986, and was adopted on the 28th day of April ,
1986, by the following vote, to wit:
AYES, COUNCIL MEMBERS Agee, Cox, Hart
Heather, Maurer, Plummer
NOES, COUNCIL MEMBERS Strauss
MAYOR
ATTEST:
0'..' FAPAWM
• CO /jm
ORD
Attachments:
Exhibits "A ", "B ", and "C"
•
COUNCIL MEMBERS
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Page 157
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
S P E C I F I C P L A N D I S T R I C T
— — — — — — — — — — — — — — — — — — — —
( C A N N E R Y V I L L A G E/ M C F A D D E N S Q U A R E)
• — — — — — — — — — — — — — — — — — — — — — — — — — — — —
Chapter 20.63
SPECIFIC PLAN DISTRICT (CANNERY VILLAGE /MC FADDEN SQUARE)
Sections:
20.63.010
Establishment of Specific Plan District
20.63.015
Purpose and Intent
20.63.020
General Controls
20.63.025
Design Guidelines
20.63.030
Specialty Retail District
20.63.035
Recreational and Marine Commercial
20.63.040
Retail and Service Commercial
20.63.045
Commercial District Development Standards
20.63.050
Residential Districts: R -2; R -3; and R -4
20.63.055
Residential District Development Standards
20.63.060
Public Improvement Component
20.63.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT -
CANNERY VILLAGE /MCFADDEN SQUARE. The provisions of this Specific Area
Plan shall apply to all parcels within the boundaries of the Cannery
Village /McFadden Square Specific Area Plan area, as shown on the Land
Use Plan Map incorporated herein, and as shown on Districting Maps No.
• 3, 8, and 9, as referred to in Section 20.01.050 of the Newport Beach
Municipal Code.
20.63.015 PURPOSE AND INTENT. The purpose of this Specific
Area Plan is to establish policies to guide the orderly development
and improvement of the Cannery Village /McFadden Square Area. Develop-
ment Standards are included in this Specific Plan to set minimum stan-
dards for public and private improvements.
It is the intent of this Specific Area Plan to ensure consistency
between the stated goals and policies of the Land Use Element of the
General Plan and the Local Coastal Program, Land Use Plan. This will
be achieved through the equitable application of the provisions of
this plan.
The Land Use Plan Map, as incorporated herein, and the accompanying
design guidelines and development standards provide for the orderly
development of property within the Cannery Village /McFadden Square
area, consistent with the stated goals, policies and objectives of the
City's General Plan and Local Coastal Program, Land Use Plan. All of
the waterfront area within the Cannery Village and the McFadden Square
Bayfront is designated for "Recreation and Marine Commercial" uses.
It is the intent of this designation to encourage a continuation of
marine- oriented uses, maintain the marine theme and character of the
area, and encourage public physical and visual access to the bay. The
marine - oriented and coastal- dependent uses on the bayfront are en-
couraged by establishing a system of incentives to property owners to
• maintain these uses.
The Cannery Village area is intended to serve as an active pedestri-
an- oriented specialty retail area with a wide range of visi-
tor- serving, neighborhood commercial, and marine- related uses permit-
ted. The focus of the area is the establishment of a Specialty Retail
district in the area bounded by 32nd Street, Villa Way, 29th Street,
EXHIBIT "C"
Page 158
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
and Newport Boulevard. This Specialty Retail (SR) District is intend-
ed to be served by a central public parking facility on 30th Street.
Residential uses are permitted on the second floor or above so long as
a permitted use is established on the ground floor. Surrounding this
• retail core area is the Retail and Service Commercial (RSC) District.
This area is intended to provide for retail sales, personal and
professional uses that offer direct services to the public, and
marine - related light industrial uses. All of the uses permitted
within the Specialty Retail and Recreational and Marine Commercial
districts are permitted within this designation. This designation
will provide a wide range of uses and services accommodating both
residents and visitors, the boating industry, and will also provide
continuity between districts and increase the potential for "shared
sales" from pedestrians.
The McFadden Square area is designated for "Retail and Service Commer-
cial" uses. This will provide for a broad range of coastal - related
and visitor - serving commercial uses, and when the recommended public
improvements are implemented, encourage higher quality uses which will
serve to upgrade the area.
All property designated for residential use shall be preserved as
such.
20.63.020 GENERAL CONTROLS.
A. APPLICABILITY. The provisions of this section shall apply to all
property in the Cannery Village /McFadden Square Specific Plan Dis-
trict.
1. CONSTRUCTION OF BUILDINGS REGULATED. No building, struc-
ture, or sign shall be erected, reconstructed or structural-
ly altered in any manner nor shall any building or land be
used for any purpose, other than as permitted by, and in
conformance with this Plan and all other ordinances, laws
and maps referred to herein. Where other sections of the
Municipal Code conflict with any provision of this Plan, the
provisions of this Specific Plan shall take precedence.
2. PRIOR USE OF LAND. The lawful use of land existing at the
time of the adoption of this Plan, although such use does
not conform to the regulations herein specified for the
district in which such land is located, may be continued,
provided that no such use shall be enlarged or increased,
nor be extended to occupy a greater area than that occupied
by such use at the time of the adoption of the Plan,
unless in conjunction with the approval of a Use Permit, and
that if any such nonconforming use ceases, the subsequent
use of such land shall be in conformity to or with the
regulations specified by this Title, for the district in
which such land is located.
3. PRIOR USE OF BUILDINGS. The lawful use of buildings exist-
ing at the time of the adoption of this Plan may be con-
tinued, although such use does not conform to the regu-
lations specified for the district in which such buildings
are located. If such nonconforming use ceases, for a period
of six months, subsequent use of the building shall be in
conformance with the provisions of this Specific Plan.
• 4. MAINTENANCE AND REPAIRS. Ordinary maintenance and repairs
may be made to any nonconforming building, providing no
structural alterations are made. Structural alterations to
nonconforming buildings shall require the approval of a
Page 159
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
modification to the zoning Code as provided in Chapter
20.81.
B. LAND USE DESIGNATIONS. The following land use designations are
• established:
1. Specialty Retail, SR District.
2. Recreational and Marine Commercial, RMC District.
3. Retail and Service Commercial, RSC District.
4. Residential Districts: R -2, R -3, R -4 Districts.
The designations, locations and boundaries of these uses are delin-
eated upon the map entitled "Cannery Village /McFadden Square Specific
Plan District, Land Use Plan Map", which map and all information and
notations thereon are made a part of this section by reference.
20.63.025 DESIGN AND DEVELOPMENT GUIDELINES. These design
and development guidelines are intended to provide criteria for all
new development, and to assist the City staff and Planning Commission
in approving a Site Plan Review or Use Permit for developments on the
water. The objectives of the design guidelines are to improve the
image of the Specific Plan area and to establish a clear identity for
the two key destination areas -- Cannery Village and McFadden Square.
A. Cannery Village Theme. A cannery theme is recommended for the
Cannery Village area. The cannery theme is reminiscent of the previ-
ous use of the area, and can provide a continuity throughout the area
while preserving the variety and individuality of uses that give the
area its charm. The cannery theme should be expanded to include other
• nautical and marine elements as appropriate. Elements of a cannery
theme that may be applied to structures include:
° Use of corrugated metal shed -type buildings or siding where
appropriate, with a higher level of finish than would
normally be associated with such structures.
• Attractive expression of mechanical equipment and systems by
incorporation into the design of structures within the
height limit.
• Use of nautical devices in signs, architectural details and
decoration, such as. heavy rope, pilings, timbers, brass
fixtures, etc.
B. McFadden Square Theme. The McFadden Square area has an entirely
different feel than the Cannery Village area. Here, historic 2 -story
architecture predominates. This historic theme should be encouraged
and enhanced by recreating the image of a turn -of- the - century resort
center following the lead of the Doryman's Inn. Elements of
"turn -of- the - century" architecture include:
° Use of materials reflecting and image of permanence, stabil-
ity and strength, and quality. Materials such as ceramic
tile, stone, brick and brass fit this image.
• ° Use of architectural styles and details reminiscent of the
turn of the century era in which the area was constructed.
Structures in this style in general have a strong architec-
tural emphasis on both vertical and horizontal structural
members, a regular rhythm of vertical windows, and a re-
strained use of ornament.
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SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
20.63.030 SPECIALTY RETAIL, SR DISTRICT. It is the intent
of this section to establish a strong specialty retail core for the
Cannery Village area by encouraging mutually supportive businesses,
establishing a continuity of shopping and pedestrian orientation, and
• to provide a high level of pedestrian interest, comfort and amenity.
A. Permitted Uses. The following uses are permitted in the SR
district:
1. Retail sales generally oriented to the casual pedestri-
an shopper such as antiques, art galleries, books, clothing,
crafts, hobbies, jewelry, stationary and similar establish-
ments.
2. Personal service establishments such as barber shops,
beauty parlors, shoe repair, tailor shops, and similar
establishments.
3. Professional and business offices providing direct services
to the public, such as accountants, architects, attorneys,
and realtors.
4. Professional and business offices not providing direct
services to the public or not ancillary to an otherwise
permitted use, such as corporate offices shall be permitted
on the second floor only.
5. Residential uses on the second floor or above, where the
ground floor is occupied by a permitted use.
B. USES REQUIRING USE PERMIT. The following uses shall be permitted
subject to the securing of a use permit in each case: Restaurants:
• outdoor, take -out, and drive -in facilities; bakeries; hotels, motels,
and "bed and breakfasts ".
C. INTENSITY OF DEVELOPMENT. The total gross floor area contained
in all buildings on a buildable site shall not exceed 1.0 times the
site area, exclusive of areas devoted to parking, except as provided
in General Controls, Section 20.63.045.D., Residential Uses in
Non - Residential Districts, and Section 20.63.045.E., Transfer of
Development Intensity.
20.63.035 RECREATIONAL AND MARINE COMMERCIAL, RMC DISTRICT.
It is the intent of this designation to establish a priority system to
guide development on building sites on the bay by encouraging a
continuation of marine oriented uses, maintaining the marine theme and
character of the area, and encourage public physical and visual access
to the bay.
A. SITE PLAN REVIEW REQUIRED. Unless otherwise specified herein,
all development in the Recreational and Marine Commercial District
shall be subject to Site Plan Review as set forth in Section 20.01.070
of the Municipal Code.
B. PERMITTED USES.
1. Incentive Uses: Highest priority uses such as Marinas,
yacht brokers, boat charters and rentals, marine con-
struction, boat sales, boat repair and servicing, sports
• fishing establishments, dry -boat storage, boat launching,
commercial fishing facilities, and retail marine sales, that
when they occupy at least forty percent (40 %) of a site, as
defined herein, may be combined with uses under C.3.
Page 161
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
2. Other Non - incentive Permitted Uses: Marine related offices
where services are offered to the general public, such as
marine surveyors and marine insurance brokers.
• C. USES WHICH REQUIRE A USE PERMIT.
1. Incentive Uses: Highest priority uses such as marine
related manufacturing, new boat construction, yacht clubs,
marine service stations and gas docks, that when they occupy
at least 40% of a site, as defined herein, may be combined
with uses under C.3.
2. Other non - incentive uses such as social clubs, commer-
cial recreation, hotels, motels, and 'bed and breakfasts',
restaurants (outdoor, drive -in and take -out), and bakeries.
3. Uses which must be in conjunction with an Incentive Use
occupying at least 40% of the site such as general retail
and service commercial uses, professional and business
offices, and light manufacturing (unless for marine prod-
ucts).
D. SITE AREA. For purposes of determining compliance with this
Section, "site" shall be defined as the total land area within the
established property lines of a parcel, including any portion under
water. Forty percent (40%) of this total area shall be occupied by an
incentive use as defined herein. For those permitted uses such as
boat slips located between the U.S. Bulkhead Line and the U.S.
Pierhead Line, any area on the site supporting the permitted uses,
such as parking devoted exclusively to the boat slips, shall be
included in the calculation of incentive uses to determine compliance
with this Section.
•
E. MIXED -USE DEVELOPMENTS.
Where a mixed -use development
is
proposed with any combination of
uses permitted in Sections B. and
C.
above, the area devoted to these
non - incentive permitted uses shall
be
services to
subtracted from the total area
of the development. Forty percent
(40 %) of the balance of the total development shall be devoted to
an
incentive use as defined herein.
F. INTENSITY OF DEVELOPMENT. The total gross floor area contained
in all buildings on a buildable site shall not exceed 1.0 times the
site area, exclusive of areas devoted to parking, except as provided
in General Controls, Section 20.63.045.E., Transfer of Development
Intensity.
20.63.040 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT. It
is the intent of this section to provide for retail sales, personal
service, commercial, and professional uses that offer direct services
to the public, and light marine industrial uses.
A. USES PERMITTED.
1. Retail sales and personal service establishments within a
building including accountants, architects, banks, barber
shops, bookstores, realtors, travel agencies, and those uses
permitted in Section 20.63.030, Specialty Retail District
and Section 20.63.035, Recreational and Marine Commercial
District.
•
2. Residential
uses on the
second floor or above, where the
ground floor
is occupied
by a permitted use.
3. Professional
and business offices not providing direct
services to
the public
or not ancillary to an otherwise
Page 162
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
permitted use, such as corporate offices shall be permitted
on the second floor only.
4. Marine industrial uses or light manufacturing of marine
• related products.
B. USES REQUIRING A USE PERMIT. The following uses shall be permit-
ted subject to the securing of a use permit in each case: Restau-
rants: outdoor, take -out, and drive -in facilities; bakeries; hotels,
motels, and "bed and breakfasts ".
C. INTENSITY OF DEVELOPMENT. The total gross floor area contained
in all buildings on a buildable site shall not exceed 1.0 times the
site area, exclusive of areas devoted to parking, except as provided
in General Controls, Section 20.63.045.D., Residential Uses in
Non - Residential Districts, and Section 20.63.045.E., Transfer of
Development Intensity.
20.63.045 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS. The
following standards shall apply to all properties and developments in
the SR, RMC and RSC Districts as set forth herein:
A. OFF- STREET PARKING REQUIRED. Off - street parking shall be provid-
ed on the building site according to the following schedule, or with
City Council approval upon recommendation of the Planning Commission,
approval of an off -site parking agreement or by the payment of an
in -lieu fee as provided in Section 20.63.045.C.
1. Retail stores and commercial uses: One parking space for
each 250 square feet of gross floor area.
2. Office Uses: One parking space for each 250 square feet of
• net floor area.
3. Industrial Uses: One parking space for each 2,000 square
feet of gross floor area and one loading space for each
10,000 square feet of gross floor area.
4. Restaurants: One space for each 40 square feet of net
public area. Based on the following considerations, the
Planning Commission may increase or decrease the parking
requirement for a restaurant within the range of one space
for each 30 to 50 square feet of net public area:
I. The Physical Design characteristics of the restau-
rant.
a) The portion of net public area designated for
dining, cocktails, or dancing.
b) The number of tables or seats, and their arrange-
ment.
c) Other areas that should logically be excluded from
the determination of net public area.
d) The parking lot design, including the use of small
car spaces, tandem, and valet parking.
• e) Availability of guest dock space for boats.
II. The location of the restaurant.
a) In relation to other uses and the waterfront.
r
•
•
Page 163
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
b) Availability of off -site parking nearby.
c) Amount of walk -in trade.
d) Parking problems in the area at times of peak
demand.
III. The operational characteristics of the restaurant.
a) Beer, wine, or full service bar.
b) The use of live entertainment.
c) The hours of operation.
If during the review of the Use Permit, the
Planning Commission uses any of the preceding
considerations as a basis for raising or lowering
a restaurant's parking requirement, the substance
of such considerations shall become conditions of
the Use Permit and a change to any of these
conditions will require an amendment to the Use
Permit. When an amendment to the Use Permit is
required, the Planning Commission may increase or
decrease parking requirements within the ranges
noted above.
5. Hotels and Motels: One parking space for each guest unit.
The Planning Commission may, based upon the operational
characteristics of a hotel or motel, require additional
off - street parking for ancillary uses such as restaurants,
meeting rooms, retail uses, and other commercial uses as
provided in this section.
6. Public Assembly: One parking space for each three seats or
occupants.
7. Residential Units': A minimum of two on -site parking spaces
shall be provided for each residential unit in the SR or RSC
Districts. At least one on -site covered parking space and
at least one independently accessible parking space, shall
be provided for each residential unit.
B. OFF- STREET PARKING ON SEPARATE LOT. The Planning Commission
shall not recommend and the City Council shall not approve off - street
parking on a separate lot from the commercial or industrial building
site or sites unless:
1. Such lot is so located as to be useful in connection with
the proposed use or uses on the building site or sites.
2. Parking on such lot will not create undue traffic hazards in
the surrounding area.
3. Such lot and the building site are in the same ownership, or
the owners of the building sites have a common ownership in
such lot, and the owner or owners are entitled to the
immediate possession and use thereof (ownership of the
off -site lot must be ownership in fee or a leasehold inter-
est of a duration adequate to serve all proposed uses on the
building site or sites).
4. The owner or owners and the City, upon the approval of the
City Council, execute a written instrument or instruments,
approved as to form and content by the City Attorney,
Page 164
SPECIFIC PLAN
(CANNERY VILLAGE/
MC FADDEN SQUARE)
Chapter 20.63
providing for the maintenance of the required off - street
parking on such lot for the duration of the proposed use or
uses on the building site or sites. Should a change in use
or additional use be proposed, the off - street parking
• regulations applicable at the time shall apply. Such
instruments shall be recorded in the office of the County
Recorder and copies thereof filed with the Planning Depart-
ment.
5. The provision of this subsection shall not apply to residen-
tial uses.
C. COMMERCIAL IN -LIEU PARKING FEES. The Planning Commission or City
Council upon review or appeal, may approve a use permit for a retail,
commercial, or industrial use with all or a portion of its required
off - street parking in a municipal parking facility. The fee for each
parking space shall be established by resolution of the City Council.
Said municipal parking facility shall have adequate capacity to serve
the new use, and must be located within reasonable proximity to the
commercial business as to be useful to said business. The provisions
of this subsection shall not apply to residential uses.
D. RESIDENTIAL USES IN NON - RESIDENTIAL DISTRICTS. In non - waterfront
areas designated for commercial or retail uses, residential uses are
permitted on the second floor or above only. The following standards
apply to second floor residential units above commercial or retail
uses:
1. A minimum of 2,000 square feet of land area is required for
each dwelling unit.
2. The total gross floor area exclusive of parking areas in all
• structures on any site shall be limited to a maximum floor
area ratio of 1.5.
3. The commercial or retail portion shall be limited to a
maximum floor area ratio of .75.
4. The residential portion of the structure shall be limited to
a maximum floor area ratio of .75.
5. Parking for the residential use shall be provided on -site
with no exceptions.
E. TRANSFER OF DEVELOPMENT INTENSITY. The Planning Commission, by
use permit, may provide for the transfer of development intensity from
any one or more parcels to any other parcel or parcels, provided that
suitable legally binding agreements shall be established so as to
assure that the total building floor area permitted on said parcels
shall not exceed the floor area which would otherwise be permitted by
this chapter, and further provided the building floor area on any one
buildable site to which development intensity has been transferred
shall in no event exceed two times the area of the development site.
F. BULKHEAD. All bulkheads shall be constructed to an elevation of
nine feet above mean low water (6.27 feet above mean sea level).
G. FLOOR ELEVATION. Finished floor elevation for all new struc-
tures or addition to existing structures other than floor area used
•for parking, shall be nine feet above mean low water level (6.27 feet
above mean sea level).
H. HEIGHT LIMIT. The height limit for all buildings and other
structures on a building site within the SR, RMC and RSC districts
shall be 26 feet. For structures constructed with the ground floor at
or above nine feet above mean low water (6.27 feet above mean sea
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level) , the height limit shall be the greater of 26 feet above the
high water line or 26 feet above the site elevation. This height
limit may be exceeded, up to a maximum height of 35 feet, with a use
permit, provided that the Planning Commission, in granting such use
• permit, finds that all the following criteria are met:
1. The development will provide for both public physical and
visual access to the bay within the limits that public
safety is ensured and private property protected.
2. The increased building height would result in more public
visual open space and views than would result from compli-
ance with the basic height limit. Particular attention
shall be given to the location and orientation of the
structure on the lot, the percentage of ground coverage, and
the treatment of all setback and open areas.
3. The increased building height would result in a more desir-
able architectural treatment of the building and a stronger
and more appealing visual character of the area within the
general theme of a marine environment.
4. The increased building height would not result in undesir-
able or abrupt scale relationships being created between the
structure and existing developments or public spaces.
Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
5. The increase in height shall not result in floor area
exceeding the floor area otherwise permitted.
6. The maximum height in all districts shall be measured in
• accordance with the definitions contained in Section
20.87.205 of the Municipal Code.
I. SETBACK REQUIREMENTS.
1. A front setback area of five feet shall be required for all
commercial development on the following streets:
a) Newport Boulevard (excluding those through lots on the
Newport Boulevard "islands ").
b) 32nd Street
c) 31st Street
d) 30th Street
e) 29th Street
f) Lafayette Avenue
g) 23rd Street
h) 22nd Street
•
i) 21st Street
j) 20th Street
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2. Those through lots on the Newport Boulevard "islands"
shall maintain a front setback of 2.5 feet on each frontage.
3. For commercial properties on West Ocean Front, no front
• setback shall be required.
4. No side yard setback area shall be required on properties in
non - residential districts except as may be required by the
Planning Commission in approving a site plan review or in
granting a use permit, or as necessary to meet public access
requirements.
5. Rear yard setback areas abutting an alley shall have a
minimum width of ten feet.
6. A minimum setback area of ten feet shall be maintained from
the bulkhead line.
7. A rear yard setback area of ten feet shall be required on
the second floor for residential uses in a mixed use devel-
opment.
J. SIGNS. The following standards shall apply to all signs
within the Cannery Village /McFadden Square Specific Area Plan area:
1. Number. A maximum of three wall signs shall be permitted
per building, however, a multi- tenant building may have one
wall sign per business plus one twenty -five (25) square foot
building directory wall sign listing tenants.
2. Area. The area of a wall sign or wall signs on any
frontage of a building shall not exceed two hundred (200)
• square feet nor forty percent (40 %) of the exposed finished
wall surface area, including openings.
3. Ground Signs. Ground signs or monument signs shall not
exceed three feet in height and three feet in width and are
permitted within the required front yard setback area.
Ground and monument signs are limited to two faces and may
be illuminated.
4. Pole Signs. Pole signs shall not be permitted except on
building sites with over 100 feet of frontage.
5. Roof Signs. Roof signs shall not be permitted.
6. Temporary Signs.
a) Size. No temporary sign shall exceed one hundred (100)
square feet in area. Temporary signs of rigid material
shall not exceed twenty -four (24) square feet in area,
or six (6) feet in height.
b) Duration. Temporary signs may remain in place for a
period not exceeding sixty (60) days per calendar year.
c) Number. One (1) per building or building site.
7. Exceptions.
• a) The Planning Commission shall have the authority to
issue Exception Permits from any of the provisions of
this Section.
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b) In order to grant an Exception Permit, the Commission
must find that granting such permit is necessary to
protect a substantial property right, will not be
contrary to the purpose of the Chapter as herein set
• forth, and will not be materially detrimental to the
health, safety, comfort or general welfare of persons
residing in the neighborhood, or detrimental or injuri-
ous to property or improvements in the neighborhood, or
the the general welfare of the City.
c) APPEAL. In case the applicant or any other person is
not satisfied with the action of the Planning Commis-
sion, he may within twenty -one (21) days appeal in
writing to the City Council.
K. LANDSCAPING. A minimum of five percent (58) of any exterior
paved parking area and a minimum of fifty percent (50 %) of the area of
the required front yard setback shall be devoted to planting areas.
L. PUMP -OUT FACILITIES REQUIRED. On waterfront sites where the
proposed use includes public marinas, yacht clubs, boat charters or
rentals, sports fishing establishments, commercial fishing facilities,
marine service stations, gas docks, boat launching facilities, or
other similar uses, either public or private, boat holding tank
pump -out facilities shall be provided in each case, unless otherwise
approved by the Planning Commission or City Council on review or
appeal of a Site Plan Review or Use Permit. Said pump -out facilities
shall have adequate capacity to accommodate all vessels anticipated at
each site. Prior to the issuance of building permits, the Marine
Director shall approve all plans and specifications of pump -out
facilities.
• M. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or
granting a Use Permit for development on a building site with frontage
along the bay, the Planning Commission or City Council, upon review or
appeal, shall require the dedication of vertical and lateral public
access easements, except where adequate public access already exists
or where the provision of access is inconsistent with public safety or
the protection of fragile coastal resources. The following standards
shall be applied to all lateral and vertical public access easements:
1. Public access easements shall be a minimum of six (6) feet
in width.
2. Public access easements may be provided within required
setback areas.
3. All dedicated public access easements shall be recorded with
the Orange County Recorders Office in a manner satisfactory
to the Public Works Department.
20.63.050 RESIDENTIAL DISTRICTS, R -2, R -3, and R -4. The
intent of this section is to preserve the existing residential dis-
tricts within the Cannery Village /McFadden Square Specific Area Plan
Area, and to maintain the development standards that have guided the
orderly development of these districts.
A. USES PERMITTED.
• 1. R -2 District.
a) One (1) single - family dwelling on a lot.
b) Two (2) detached single - family dwellings or one (1)
duplex on a lot.
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2. R -3 and R -4 Districts.
a) Single - family dwellings and duplexes.
® b) Multiple unit dwellings.
B. USES REQUIRING USE PERMIT.
1. All Residential Districts:
a) Parking lots, outdoor lighting.
2. R -3 and R -4 Districts:
a) Community Centers, motels.
20.63.055 RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS.
A. LAND AREA PER DWELLING UNIT.
1. R -2 District. A minimum of 1,000 square feet of land area
shall be required for each dwelling unit.
2. R -3 District. A minimum of 1,200 square feet of land area
shall be required for each dwelling unit.
3. R -4 District. A minimum of 800 square feet of land
area shall be required for each dwelling unit.
B. SETBACK AREAS.
• 1. A front setback area of five feet shall be required for all
sites designated for residential use.
2. In all residential districts each side yard setback area
shall not be less than 3 feet wide on building sites 40 feet
wide or less, or 4 feet wide on lots wider than 40 feet.
3. In all residential districts, a minimum five foot rear yard
setback area from the alley shall be maintained.
C. FLOOR AREA LIMITATIONS.
1. In the R -2 District the total gross floor area ratio con-
tained in all buildings on any site, including basements,
garages and carports, but excluding decks, balconies and
patios open on at least two sides or open on one side and
unroofed, shall not exceed two times the buildable area of
the site.
2. In the R -3 and R -4 Districts, the total gross
floor area
contained in all buildings on any site shall
not exceed
three times the buildable area of the site; provided,
howev-
er, that floor area devoted to parking within
a building
shall not be considered in determining the total
floor area
allowed.
is
D. BUILDABLE AREA. The term "buildable area" used in any residen-
tial district development standard shall mean the total
area of a
building site, excluding any required front, side, or
rear yard
setback areas as provided herein.
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E. BUILDING HEIGHT.
1. R -2 District. The height limit for any structure in the R -2
district shall be 24 feet; provided, however, that a struc-
ture may exceed 24 feet up to a maximum of 28 feet upon the
approval of a use permit.
2. R -3 District. The height limit for any structure in the R -3
district shall be 24 feet on the front one -half of the lot
and 28 feet on the rear one -half of the lot; provided,
however, that a structure may exceed 24 feet up to a maximum
of 28 feet on the front one -half of the lot and exceed 28
feet up to a maximum of 32 feet on the rear one -half of the
lot upon approval of a use permit.
3. R -4 District. The height limit for any structure in the R -4
district shall be 28 feet; provided, however, that a struc-
ture may exceed 28 feet up to a maximum of 32 feet upon the
approval of a use permit.
4. The maximum height in all residential districts shall be
measured in accordance with the definitions contained in
Section 20.87.205 of the Municipal Code.
F. OPEN SPACE OPTION. In all Residential Districts, open space
shall be provided in addition to the required front yard setback area.
This additional open space shall be a volume of space equal to the
buildable width of the lot, times the basic height limit, times six
feet and may be provided anywhere on the lot behind the required yard
setback lines. This open space shall be open on at least two sides
and shall have a minimum dimension in any direction of at least six
feet, except as indicated in this section, and may be used for outdoor
• living area. Open space with a dimension of less than six feet in
any direction may be included in the required volume of open space,
provided that said space is contiguous to required open space that
provides a minimum six foot dimension in any direction. Roofs, bal-
conies, decks, patios, cornices, exterior stairways with open risers
and open railings, and architectural features may project into this
area. This additional open space may be provided on any level or
combination of levels and may extend across the entire structure or
any portion thereof.
G. PARKING. Off - street parking shall be provided in all residential
districts as follows:
1. Not less than one and one -half parking spaces for each
dwelling unit.
2. For each dwelling unit there shall be at least one covered
parking space.
3. For each dwelling unit, there shall be at least one indepen-
dently accessible parking space.
4. Tandem parking up to a maximum of two cars in depth shall be
permitted.
5. Parking in side yards shall be permitted; provided, however,
that structural encroachments shall not be permitted, except
as noted in this section. When three parking spaces are
provided across the rear of a lot less than 30 feet 10
inches wide, one garage wall may encroach into the required
side yard setback. Its distance from the property line
shall be not less than 26 inches plus the amount (if any)
that the width of the lot exceeds 30 feet. The substandard
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side yard created thereby shall have a clear passageway 26
inches wide, unobstructed by fences, utility meters, hose
bibs, or any other appurtenances which could interfere with
use of the passageway by emergency personnel or equipment.
• 6. Not less than one independently accessible parking space for
each guest unit in any hotel, motel, or "bed and breakfast"
facility.
7. Parking requirements for a community center shall be de-
termined by the Planning Commission in conjunction with the
approval of a use permit in each case. Parking requirements
shall be based upon an analysis of the facility's intended
operational characteristics.
20.63.060 PUBLIC IMPROVEMENT COMPONENT. The following are
the public and private improvement projects for the Cannery Village
and McFadden Square areas. Projects are listed by priority, with a
general description of each project and proposed funding sources.
The City's ability to fund its share of each project, where
applicable, is based upon the allocation of limited financial re-
sources throughout the City. Each year during the preparation of the
City's annual budget, the City Council will determine which projects
or portion thereof are to be funded by the City, their costs, and
specific schedule for implementation. For those projects using gas
taxes or other sources of revenue for a portion of the funding, the
specific projects to be funded must also be determined annually, based
upon the availability of funds and demand from other projects through-
out the City.
Certain projects are to be funded in whole or in part, through
the formation of Assessment Districts. Prior to implementing any
project for which an Assessment District must be formed to secure
funding, all benefitting property owners shall be provided with all
pertinent details of the project including a total cost and the
individual assessment for each property owner. All benefitting
property owners will vote on the project, the formation of the Assess-
ment District, and the individual dollar amount of the assessment. A
majority of the benefitting property owners must approve the entire
program prior to implementation, as set forth in state law.
A. PRIORITY I: IMMEDIATE IMPLEMENTATION
1. CANNERY VILLAGE PARKING FACILITY.
This project includes the acquisition of land and construction of
a parking facility to serve approximately 165 cars in the core of
the Cannery Village area. It is proposed that approximately 668
of the funds for this project will come from the General Fund;
108 from the Off Street Parking Fund; and 248 from an Assessment
District.
2. INSTALLATION OF CURBS, GUTTERS, AND SIDEWALKS IN
CANNERY VILLAGE.
Approximately 1,200 feet of basic curb, gutter and sidewalk
construction is needed where it was never provided in the Cannery
Village area. Improvements are needed on various sections of
• Villa Way, 31st Street, 30th Street, 29th Street and 28th Street.
Because this project will provide these facilities where none
exist, the entire cost will be paid through an Assessment Dis-
trict comprised of the benefitting property owners.
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3. RESTROOM RELOCATION - MCFADDEN SQUARE.
This project includes demolition of the existing restrooms at the
base of the Newport Pier and construction in a new location which
does not block the view to the pier or create an unattractive
view from McFadden Square plaza. This project will be funded by
the City's Restroom Replacement Program.
4. PARKING MANAGEMENT PLAN.
A Parking Management Plan shall be developed that at a minimum
includes significant increases in in lieu fees and long -term
parking fees during peak use periods; increased fines for parking
violations; and aggressive towing of illegally parked vehicles.
There may be an initial cost associated with development of this
parking management plan which shall be borne by the City.
However, this parking management plan will ultimately result in a
revenue source for the City.
B. PRIORITY II: IMPLEMENTATION WITHIN TWO YEARS
1. CANNERY VILLAGE STREETSCAPE.
Streetscape improvements include installation of street trees in
the public right -of -way or easements on private property, special
paving treatment at pedestrian crossings, planters at key pedes-
trian crossings, installation of benches, litter receptacles and
other pedestrian improvements. The level of improvements on each
street segment depends on the available right -of -way for improve-
ments and level of improvements proposed. Funding for this
project will come entirely from an Assessment District formed for
this purpose.
2. NEWPORT BOULEVARD /BALBOA BOULEVARD REALIGNMENT.
This project includes the elimination of the "mixmaster" inter-
section by development of a single intersection of Balboa Boule-
vard and Newport Boulevard at approximately 26th Street. Inter-
section improvements include basic realignment, relocation of
traffic signals, streetscape improvements including special
paving at pedestrian crossings, planters and other landscaping
and street light relocation or installation. This project shall
be implemented within the existing city -owned right -of -way only.
It is proposed that approximately 66% of the funds for this
project will come from the General Fund; 25% form Gas Tax funds;
and 9% from the formation of an Assessment District.
3. MCFADDEN SQUARE PLAZA.
This project involves the development of an attractive pedestrian
activity plaza as a visual and functional focus for McFadden
Square. The plaza would provide a visual landmark for the square
and would be a center of pedestrian activities. The plaza could
be heavily landscaped and decorated with flags and banners,
lights, etc. Funding for this project will come entirely from an
Assessment District formed for this purpose.
4. MC FADDEN SQUARE PROMENADE.
• This project is a companion to the McFadden Square Plaza project
and will help carry the high quality pedestrian image along
McFadden Place and Balboa Boulevard to 23rd Street. Funding for
this project will come entirely from an Assessment District
formed for this purpose.
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5. MCFADDEN SQUARE
Streetscape improvements are recommended for 22nd Street and 23rd
Street to improve the pedestrian environment and tie these
streets into the overall image of the McFadden Square area.
Because of the narrow parkway on these streets, landscaping and
street trees could be installed on existing private property
where sites are available. Funding for this project will come
entirely from an Assessment District formed for this purpose.
6. RESTRIPE NEWPORT BOULEVARD BETWEEN 30th STREET AND
32nd STREET.
The City's Master Plan of Streets and Highways calls for the
ultimate widening of Newport Boulevard between 32nd Street and
Coast Highway (Phase I) and between 30th Street and 32nd Street
(Phase II). Construction on Phase I is anticipated to commence
in 1988 -89 with completion in two years. Phase II is scheduled
for implementation at some time after the completion of Phase I.
(See Item D -1). The restriping of Newport Boulevard between 30th
Street and 32nd Street is suggested as either an interim program
prior to the widening of this segment of Newport Boulevard, or as
an alternative to the widening project. This project involves
the restriping of Newport Boulevard outbound between 30th Street
and 32nd Street to provide a third outbound travel lane during
peak periods. This would require the restriping of the roadway
to provide three lanes, one of which would be a parking/bike lane
except during peak summer hours when parking would be restricted.
It may be necessary to acquire sufficient land at the southeast
corner of Newport Boulevard and 32nd Street to provide a flare in
order to have the proper alignment of the lanes on either side of
32nd Street. Implementation of this plan would result in the
• permanent loss of some on- street parking and the temporary loss
of others during peak periods. Funding for this project should
come entirely from the City's General Fund.
7. RESTRIPE NEWPORT BOULEVARD BETWEEN 26th STREET AND
30th STREET.
This project also involves the restriping of Newport Boulevard
outbound to provide three travel lanes, one of which would be a
combination parking/bike lane, except during peak summer periods
when parking would be restricted. Implementation of this project
should be concurrent with either the restriping of Newport
Boulevard between 30th and 32nd Street or the widening of that
section of the roadway. Funding for this project should come
entirely from the City's General Fund.
B. RESTRIPE NEWPORT BOULEVARD BETWEEN 19th STREET AND
26th STREET.
Should the realignment of the Newport Boulevard /Balboa Boulevard
intersection be determined to be infeasible, it is possible to
restripe this section of outbound Newport Boulevard to provide a
third travel lane which would also be a parking/bike lane except
during peak summer hours when parking would be restricted.
Implementation of this project would result in the permanent loss
of some on- street metered parking spaces and the temporary loss
during peak hours of other spaces. This project shall be imple-
mented within the existing city -owned right of way only. The
funds for this project would be divided equally between the
General Fund and Gas Tax funds.
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C. PRIORITY III: IMPLEMENTATION BETWEEN TWO AND FIVE YEARS.
1. UNDERGROUND UTILITIES IN CANNERY VILLAGE.
• Undergrounding of all existing overhead utilities including
electric power, telephone and cable television are recommended to
improve the visual quality of the streetscape and to eliminate
the need to prune street trees away from power lines. Under -
grounding includes provision of underground utilities to the
property line, where a connection would be made to existing
service above ground. Funding for this project will come from an
Assessment District, formed for this purpose.
2. REPAIR EXISTING DETERIORATED CURBS, GUTTERS, STREETS,
AND SIDEWALKS IN CANNERY VILLAGE.
This project involves the repair of the existing curbs, gutters,
streets and sidewalks in the Cannery Village area. This project
will be funded entirely by the City's General Fund as a part of
its on -going street maintenance and repair program.
3. RECONSTRUCT SEWERS IN CANNERY VILLAGE.
This project involves the repair of portions of the existing
sewer system in Cannery Village in conjunction with the repair of
the streets in that area. This project will be funded entirely
by the City's General Fund.
D. PRIORITY IV: IMPLEMENTATION WITHIN FIVE TO TEN YEARS.
1. WIDEN NEWPORT BOULEVARD BETWEEN 30th STREET AND 32nd STREET.
This is Phase II of the proposed widening of Newport Boulevard
between 30th Street and Coast Highway. This project requires the
acquisition of land and reconstruction of buildings along the
easterly side of outbound Newport Boulevard to create a third
travel lane. Implementation of this project can not occur until
after Newport Boulevard is widened between 32nd Street and Coast
Highway. It is proposed that approximately 348 of the funding
for this project will come from the City's General Fund; 338 from
Gas Tax revenues; and 338 from A.H.F.P. funds.
2. WIDEN VILLA WAY.
The widening of Villa Way includes the acquisition of one addi-
tional parcel along the west side of Villa Way from 32nd Street
to 29th Street to provide a 60 foot right -of -way. The street
itself would be widened to provide two travel lanes with parking
on each side. Parkway landscaping would be installed to provide
a pleasant pedestrian environment. Plantings, street furniture,
and special paving treatment at pedestrian crossings would be
included in the project. Funding for this project will come from
an Assessment District formed for this project.
3. MCFADDEN SQUARE PARKING FACILITY.
This project involves the acquisition of land and the con-
struction of a parking facility to serve approximately 250 cars
in McFadden Square. It is proposed that approximately 258 of the
funds for this project will come from the City's General Fund; 88
from the City's Off - Street Parking Fund; and 668 from an
Assessment District formed for this purpose.
SAP3
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