HomeMy WebLinkAbout2015-35 - Recinds 2014-16; 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)ORDINANCE NO. 2015-35
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2012-003 FOR THE FORMER
CITY HALL COMPLEX LOCATED AT 3300 NEWPORT
BOULEVARD AND 475 32ND STREET (PA2012-031)
WHEREAS, On April 24, 2012, the City of Newport Beach (City) initiated amendments
of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code (collectively,
Amendments) with respect to the former City Hall Complex (Property), legally described in
Exhibit A, attached hereto and incorporated by reference, located at the northeast corner of
the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and
47532 nd Street;
WHEREAS, the Amendments change the land use categories and zoning district from
Public Facilities to Mixed Use. Additionally, the CLUP amendment modifies Policy 4.4.2-1
allowing buildings to exceed the 35 -foot Shoreline Height Limit;
WHEREAS, pursuant to Section 65352.3 of the California Government Code, the
appropriate tribal contacts identified by the Native American Heritage Commission were
provided notice of the proposed General Plan Amendment on October 4, 2012. The City
received an inquiry from one tribal representative. The Native American representative
indicated that he could coordinate monitoring services during grading/construction if it is
determined that such monitoring is required. The tribal representative did not indicate any
knowledge of the presence of any significant cultural or archaeological resources on the
Property. The Property is located within a highly developed area and has been completely
disturbed. As such, impacts related to archaeological resources are not expected to occur.
However, in the unlikely event that buried cultural resources or human remains are
discovered during excavation activities, Mitigation Measure CUL -1 requires an archeologist
and Native American Monitor be present during earth removal or disturbance activities
related to rough grading and other excavation for utilities, and as such, a less than significant
impact would occur in this regard;
WHEREAS, on April 25, 2013, the City sent a surplus land notice consistent with
California Government Code Section 54222. No entities expressed an interest in acquiring
the Property for the development of affordable housing, parks and open space, or schools;
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 public hearing was provided in accordance with the
California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
(NBMC). The environmental documents for the project comprising the Draft Environmental
Impact Report (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,
Ordinance No. 2015-35
Page 2 of 6
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 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, on September 9, 2014, in the City Hall Council Chambers, at 100 Civic
Center Drive, Newport Beach, California, the City Council held a public hearing to consider the
Amendments and a FEIR prepared for the project. A notice of the time, place and purpose of
the public hearing was provided in accordance with CEQA and the NBMC;
WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-80
certifying the Lido House Hotel FEIR No. ER2014-003 (SCH No. 2013111022) to be in
compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3;
WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-81
approving General Plan Amendment No. GP2012-002 and Coastal Land Use Plan
Amendment No. LC 2012-001. These amendments were adopted contingent upon approval
by the California Coastal Commission;
WHEREAS, on September 23, 2014, the City Council adopted Ordinance No. 2014-16
adopting Zoning Code Amendment No. CA2013-003;
WHEREAS, on September 24, 2014, the City submitted Coastal Land Use Plan
Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal
Commission;
WHEREAS, on October 7, 2015, the California Coastal Commission certified the City's
application request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed
CLUP land use category and Policy 4.4.2-1. The suggested modifications changed the
proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido
Village. This change in policy language allows for the same range of allowed commercial
uses as the City -approved amendment and prohibits all forms of timeshares or fractional
ownership visitor accommodations. The modification also does not increase development
intensity beyond what the City authorized. The suggested modifications to CLUP Policy
4.4.2-1 provided increased setbacks from streets and limited the area and size of structures
that could exceed 35 feet in height. The modification of CLUP Policy 4.4.2-1 is more
restrictive than the City -approved amendment but still allows the proposed Lido House Hotel;
Ordinance No. 2015-35
Page 3 of 6
WHEREAS, the certified FEIR showed that the proposed project would not result in
any significant and unavoidable impacts and all potential impacts would be reduced to a less
than significant level with the incorporation of several mitigation measures. Although the
proposed amendments have changed from "mixed-use" to "visitor -serving commercial," the
modified amendments: 1) do not change the development potential or intensity of use; 2) do
not significantly change allowed uses; and 3) are more restrictive in terms of setbacks and
structure heights. Therefore, modifying the previously approved amendments consistent with
the Coastal Commission's suggested modifications are not substantial and the FEIR does not
require revisions as the changes to the project do not result in new impacts or increases in
the severity of impacts previously identified and addressed in the certified Lido House Hotel
FEIR (SCH No. 2013111022);
WHEREAS, on November 5, 2015, the Planning Commission held a public hearing in
the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider
modifications of the Amendments as a result of the Coastal Commission's action. A notice of
the time, place and purpose of the hearing was provided in accordance with the NBMC.
Evidence both written and oral was presented to and considered by the Planning Commission
during the hearing. At the conclusion of the hearing, the Planning Commission adopted
Resolution No. 1999 by a vote of 4 ayes, 0 noes, 2 absent and 1 abstaining recommending
approval of the revised Amendments making them consistent with the suggested
modifications from the California Coastal Commission;
WHEREAS, on November 24, 2015, the City Council held a public hearing in the City
Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider the
revised Amendments. A notice of the time, place and purpose of the hearing was provided in
accordance with Newport Beach Municipal Code. Evidence both written and oral was
presented to and considered by the City Council during the hearing. At the conclusion of the
hearing, the City Council adopted Resolution No. 2015-104 approving General Plan
Amendment No. GP2012-002 and Coastal Land Use Plan Amendment No. LC 2012-001
incorporating the suggested modifications from the Coastal Commission;
WHEREAS, Amendments to the General Plan are legislative acts. Neither the City nor
State Planning and Zoning Law set forth any required findings for either approval or denial of
such Amendments otherwise found to be within the public interest;
WHEREAS, the Property is located in proximity to commercial services, recreational
uses, and transit opportunities with routine bus service provided along Newport Boulevard.
The proposed General Plan Amendment provides for variety of land uses for the site
including a luxury hotel that will promote revitalization of the Lido Village area while ensuring
neighborhood compatibility. The proposed hotel will serve visitors and residents and increase
access opportunities in the Coastal Zone;
WHEREAS, the proposed amendment of Coastal Land Use Plan Policy 4.4.2-1, as
modified as suggested by the California Coastal Commission, to provide an exception to the
35 -foot height limit of the Shoreline Height Limitation Zone is necessary and appropriate to
accommodate the proposed intensity of use, significant open space on the site and the
project's lack of impact to public views. This finding is based upon the public view impact
analysis within Section 5.2 (Aesthetics Light/Glare) of the Lido House Hotel FEIR showing
Ordinance No. 2015-35
Page 4 of 6
that there will not be a significant impact to protected public views from General Plan and
Coastal Land Use Plan designated vantages. Additionally, there are no public views through
the Property from abutting roadways and public spaces; and
WHEREAS, Pursuant to CEQA Guidelines Section 15091, the City Council has
reviewed and adopted the CEQA Findings and Facts in Support of Findings as adopted in
City Council Resolution No. 2015-104, 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.
WHEREAS, Pursuant to CEQA Guidelines Section 15062, the changes to the project
are not substantial, as they do not involve new significant effects or a substantial increase in
the severity of previously identified significant effects, and therefore, a subsequent EIR does
not need to be prepared.
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Section 2: The City Council of the City of Newport Beach hereby rescinds
Ordinance No. 2014-16 as it is not consistent with the California Coastal Commission's
certification of LCP-5-NPB-14-0831-3 with suggested modifications.
Section 3: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "CV -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.
Table 1-1 Commercial Zoning Districts
Zoning Map
Zoning Districts
General Plan Land Use Designations
Symbol
Implemented by Zoning Districts
CV -LV
Commercial Visitor -Serving,
CV -LV (Visitor -Serving Commercial -
Lido Village
Lido Village)
Section 4: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF (Public
Facilities) to CV -LV (Commercial Visitor-Serving—Lido Village) and establish Anomaly #85 as
depicted in Exhibit B. All related zoning maps or diagrams shall be amended to maintain
consistency with the new zoning district. Additionally, any maps or diagrams within Zoning
Code that label the site as "City Hall," said label shall be removed from the Zoning Map and
labeling the site of the new City Hall located at 100 Civic Center Drive as "City Hall" on any
Zoning Map or diagram is authorized.
Section 5: Amend Section 20.20.010 (Purposes of Commercial Zoning Districts) to
add Subsection J as follows with all other existing provisions of Section 20.20.010 remaining
unchanged:
Ordinance No. 2015-35
Page 5 of 6
J. The CV -LV (Commercial Visitor -Serving -Lido Village) zoning district. This district
applies to the former City Hall complex located at the northeast corner of the
intersection of Newport Boulevard and 32nd Street. The CV -LV designation provides
for a range of accommodations (e.g. hotels, motels, hostels), goods, and services
intended to primarily serve visitors to the City of Newport Beach and a fire station.
Limited Use Overnight Visitor Accommodations and residential uses are not allowed.
Section 6: Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts
Land Uses and Permit Requirements) to add allowed uses and establish permit requirements
for the CV -LV zoning district within Table 2-5 as highlighted in yellow in Exhibit C with all
other existing provisions of Section 20.20.020 remaining unchanged.
Section 7: Amend 20.22.030 (Commercial Zoning Districts General Development
Standards) to add development standards for the CV -LV zoning district within Table 2-7 as
highlighted in yellow in Exhibit C with all other existing provisions of Section 20.20.030
remaining unchanged.
Section 8: 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 9: 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 summary 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 Commission of the Coastal Land Use
Plan Amendment (LC2012-001).
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Ordinance No. 2015-35
Page 6 of 6
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 24th day of November, 2015, and adopted on the 8th day of
December, 2015, by the following vote, to -wit:
AYES, COUNCILMEMBERS Peotter, Petros, curry
Duffield, Muldoon, Dixon, Mayor Selich
NOES, COUNCILMEMBERS Non
ABSENT COUNCILMEMBERS None
EDWARD D. SELICH, MAYOR
LEILANI 1. "BR—OWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. -TARP, CITY ATTORNEY
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:
PARCEL 1:
THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE
DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH
THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431
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 NORTH 0'44'30" WEST ALONG SAID NORTHERLY
PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY
LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH
461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS
SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF
SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF
SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER
OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID
NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT
CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID
OFFICIAL RECORDS.
PARCEL 2:
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 THE 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"
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.
PARC FL 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 OF NEWPORT 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 OF SAID LOT 3; THENCE NORTH
0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET;
THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF
SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE
OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907,
AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH
89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3,
A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH
COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN
BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH
0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE
OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH
89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30"
EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
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
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.
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Document Name,
Zoning Code Amendment
CA2012-003
0 150 300
Feel
Anomaly
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.
Exhibit C
Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts Land Uses
and Permit Requirements) to add allowed uses and establish permit requirements for
the new CV -LV zoning district within Table 2-5 highlighted in Yellow as follows:
P
TABLE 2-5
ALLOWED USES AND CUP
PERMIT REQUIREMENTS
MUP
LTP
Land Use
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
CC
CG
Industry, Manufacturing and Processing, and Warehousing Uses
Handicraft Industry
P
P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities
CUP
CUP
Commercial Recreation and
Entertainment
CUP
CUP
Cultural Institutions
P
P
Schools, Public and Private
—
CUP
Retail Trade Uses
Alcohol Sales (off -sale)
MUP
MUP
Alcohol Sales (off -sale),
Accessory Only
P
P
Bulk merchandise
—
P
Marine Rentals and Sales
Boat Rentals and Sales
—
CUP
Marine Retail Sales
P
P
Retail Sales
P
P
Visitor -Serving Retail
P
Service Uses—Business, Financial, Medical, and Professional
ATM
P
P
Emergency Health Facility/Urgent
Care (above 1 st floor only)
MUP
MUP
Commercial Retail Zoning Districts
Permit Requirements
Permitted by Right
Conditional Use Permit (Section 20.52.020)
Minor Use Permit (Section 20.52.020)
Limited Term Permit (Section 20.52.040)
Not allowed *
CMI CN CV I CV -LV I Specific Use
Regulations
P
P
P
P
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
MUP
—
P
—
CUP
CUP
CUP
—
MUP
MUP
MUP
MUP
Section
20.48.030
P
P
P
P
—
P
CUP — CUP P
P — P P
P P
P P
P P P P
MUP —
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Financial Institutions and Related
P
P
—
P
P
P
Services
Offices—Corporate (above 1st
P
P
P
P
—
—
floor only)
Offices—Business
P
P
P
P
P
P
Offices—Medical and Dental
P
P
—
P
P
—
Offices—Professional (above 1st
P
P
P
P
P
—
floor only)
Outpatient Surgery Facility
MUP
MUP
P
—
—
—
(above 1 st floor only)
Service Uses—General
Ambulance Services
—
MUP
—
—
—
—
Animal Sales and Services
Animal Boarding/Kennels
CUP
CUP
—
CUP
—
—
Section
20.48.050
Animal Grooming
P
P
—
P
P
—
Section
20.48.050
Animal Retail Sales
P
P
—
P
P
—
Section
20.48.050
Veterinary Services
CUP
CUP
—
CUP
—
—
Section
20.48.050
Artists' Studios
P
P
P
P
P
P
Catering Services
—
P
P
P
P
—
Day Care, General
MUP
MUP
—
MUP
MUP
—
Eating and Drinking Establishments
Accessory Food Service
P
P
P
P
P
P
Section
(open to public)
20.48.090
Bars, Lounges, and
CUP
CUP
CUP
CUP
CUP
—
Section
Nightclubs
20.48.090
Fast Food (no late hours)
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
(1)(2)
20.48.090
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Fast Food (with late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (no alcohol, no
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
late hours) (1)(2)
20.48.090
Food Service (no late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (with late
CUP
CUP
CUP
CUP
CUP
CUP
Section
hours) (1)
20.48.090
Take -Out Service, Limited
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
(2)
20.48.090
Funeral Homes and Mortuaries,
—
MUP
—
—
—
—
without crematorium
Funeral Homes and Mortuaries,
—
CUP
—
—
—
—
with crematorium
Health/Fitness Facilities
Small -2,000 sq. ft. or less
P
P
P
P
P
P
Large—Over 2,000 sq. ft.
MUP
MUP
MUP
MUP
MUP
—
Laboratories
—
P
—
—
Maintenance and Repair Services
P
P
—
P
—
—
Marine Services
Boat Storage
CUP
—
—
—
Boat Yards
CUP
—
Entertainment and
—
—
P
—
P
P
Title 17
Excursion Services
Marine Service Stations
CUP
—
CUP
—
Water Transportation
MUP
—
MUP
—
Services
Massage Establishments
MUP
MUP
—
MUP
MUP
MUP
Chapter
5.50
Section
20.48.120
Massage Services, Accessory
MUP
MUP
—
MUP
MUP
MUP
Section
20.48.120
TABLE 2-5
ALLOWED USES AND
PERMIT REQUIREMENTS
Commercial Retail 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
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
CC
CG
CM
CN
CV
CV -LV
Specific Use
Regulations
Nail Salons
P
P
—
P
P
P
Personal Services, General
P
P
—
P
P
P
Personal Services, Restricted
MUP
MUP
—
MUP
MUP
—
Studio
P
P
—
P
P
—
Postal Services
P
P
—
P
P
—
Printing and Duplicating Services
P
P
—
P
—
—
Recycling Facilities
Collection Facility—Small
MUP
MUP
—
MUP
—
—
Section
20.48.160
Smoking Lounges
Visitor Accommodations
Bed and Breakfast Inns
MUP
MUP
MUP
—
MUP
CUP
Section
20.48.060
Hotels and Motels
CUP
CUP
CUP
—
CUP
CUP
RV Parks
—
—
—
—
CUP
—
Time Share Facilities
—
CUP
CUP
—
Section
20.48.220
SRO Residential Hotel
CUP
CUP
CUP
CUP
CUP
—
Transportation, Communications, and Infrastructure Uses
Communication Facilities
MUP
P
MUP
—
P
P
Marinas
Title 17
Marina Support Facilities
—
—
MUP
—
MUP
—
Parking Facilities
MUP
MUP
MUP
MUP
MUP
MUP
Parking Structure, adjacent to
residential zoning district
CUP
CUP
—
CUP
CUP
CUP
Utilities, Minor
P
P
P
P
P
P
Utilities, Major
CUP
CUP
CUP
CUP
CUP
CUP
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Wireless Telecommunication
CUP/MUP/L
CUP/MUP/L
CUP/MUP/L
CUP/MUP/L
CUP/MUP/
CUP/MUP/
Chapter
Facilities
TP
TP
TP
TP
LTP
LTP
20.49
Vehicle Rental, Sale, and Service Uses
Vebicle/Equipment Rentals
General
—
CUP
—
—
CUP
—
Office Only
P
P
P
P
P
—
Limited
P
P
P
—
P
—
Vehicles for Hire
—
CUP
—
—
CUP
—
Vehicle/Equipment Repair
General
—
CUP
—
—
—
—
Limited
MUP
MUP
MUP
—
—
—
Vehicle/Equipment Sales
General
—
CUP
—
—
—
—
Office Only
P
P
P
P
P
—
Limited
—
P
—
Vehicle/Equipment Services
Automobile
—
MUP
—
MUP
MUP
—
Washing/Detailing, full
service
Automobile
P
P
—
P
MUP
—
Washing/Detailing, self-
service or accessory
Service Stations
CUP
CUP
—
CUP
CUP
—
Section
20.48.210
Other Uses
Accessory Structures and Uses
P
P
P
P
P
P
Drive -Through Facilities
MUP
MUP
MUP
MUP
MUP
—
Section
20.48.080
* 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) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use pennit shall be required for any use that maintains late hours.
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Special Events
Chapter 11.03
Outdoor Storage and Display
P
P
P
P
P
MUP
Section
20.48.140
Temporary Uses
LTP
LTP
LTP
LTP
LTP
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) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use pennit shall be required for any use that maintains late hours.
Exhibit D
Amend 20.20.030 (Mixed -Use Zoning Districts General Development Standards) to
add development standards for the new CV -LV zoning district within Table 2-7
highlighted in Yellow as follows:
Additional
Development Feature
CC
CG
CM
CN
CV
CV -LV
Requirements
Lot Dimensions
Minimum dimensions required for each newly created lot
Lot Area (1)
5,000 sq. ft.
10,000 sq. ft.
N/A
20,000 sq. ft.
N/A
10,000 sq. ft.
Lot Width
25 ft.
50 ft.
N/A
100 ft.
N/A
50 ft.
Setbacks
Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback
Areas) for setback measurement, allowed projections into setbacks, and exceptions.
Front
0
0
0
0
0
Newport Blvd:
1 ft. for below
grade structures
20 ft. for
structures up to 35
feet in height
60 ft. for
structures over 35
feet in height
Side (interior, each):
Abutting
0
0
0
0
0
1 ft. for below
nonresidential
grade structures
5 ft. for above
grade structures
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Side (Street side)
0
0
0
0
0
32nd Street:
1 ft. for below
grade structures
1 ft. for structures
up to 35 feet in
height
70 ft. for
structures over 35
feet in height (4)
Via Oporto:
0
Rear:
Abutting an alley
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
5 ft.
Not abutting an
0
0
0
0
0
0
alley
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Open Space
N/A
N/A
N/A
N/A
N/A
20%
Bulkhead Setback
Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district.
Floor Area Ratio (2) (3)
The specific floor area limitations for each zoning district are identified on the Zoning Map.
Height
Maximum allowable height of structures without discretionary approval. See 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.
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32 Id Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.
Additional
Development Feature
CC
CG
CM
CN
CV
CV -LV
Requirements
Within Shoreline Height
55 ft. with flat
Limit Zone
roof, less than
26 ft. with flat roof; less than 3/12 pitch
3/12 roof pitch
31 ft. with sloped roof; 3/12 or greater pitch
60 ft. with sloped
roof, 3/12 roof
pitch or greater
20.30.060
(5)(6)
Not within Shoreline
32 ft. with flat roof; less than 3/12 pitch
See CLUP Policy
Height Limit Zone
37 ft. with sloped roof; 3/12 or greater pitch
N/A
4.4.2-1
Within High Rise Height
Area (See Figure H-1,
300
N/A
attached to the ordinance
codified in this title).
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 Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32 Id Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.