Loading...
HomeMy WebLinkAbout1718 - Districting Map 4u i u ORDINANCE NO. 1718 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO RECLASSIFY THE MARINERS' MILE AREA TO A SPECIFIC PLAN DISTRICT, AMENDING DISTRICTING MAP NO. 4, CHANGING THE CLASSIFICATION FROM C -1 -H, C -2, C -2 -H, C -O -Z AND R -1 TO "SP ", SPECIFIC PLAN NO. 5 The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 20.62 is hereby added to the Newport Beach Municipal Code reclassifying the Mariners' Mile Area to a Specific Plan District and establishing the Specific Plan District for Mariners' Mile, which shall read as follows: "CHAPTER 20.62 SPECIFIC PLAN DISTRICT (MARINERS' MILE) Sections 20.62.010 Establishment of Specific Plan 20.62.020 Intent and Purpose 20.62.030 General Controls 20.62.040 Recreational and Marine Commercial 20.62.050 Retail and Service Commercial 20.62.060 Site Plan Review 20.62.070 Definitions 20.62.010. Establishment of Specific Plan District - Mariners' Mile. The provisions of this Chapter shall apply to all parcels within the following described real property in the City of Newport Beach, County of Orange, State of California, to wit: Beginning at the intersection of the centerlines of Coast Highway and North Newport Boulevard; thence northerly along the centerline of Newport Boulevard to centerline of Santa Ana Avenue; thence northeasterly along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the southerly prolongation of the westerly line of the parcels created from Lot D Tract 919 by record of survey recorded in Book 24, Page 6 of record of surveys; thence northerly, easterly, northeasterly and southeasterly along said prolongation and the boundaries of said parcels to the northwesterly prolongation of the northeasterly line of Lot 40 Tract 1133; thence southeasterly along the prolongation and the northeasterly line of Lot 40 Tract 1133; thence southwesterly along the southeasterly boundary of Lots 40 and 41 to the most westerly corner of Lot 48 Tract 1133; thence south- easterly along the southwesterly line of Lot 48 Tract 1133 and its easterly prolongation to the centerline of Ocean View Avenue; thence southerly along the centerline of Ocean View Avenue to-the westerly prolongation of the northeasterly line of Lot 20 Tract 1133; thence easterly along said northeasterly line of Lot 20 to the northwesterly line of Parcel A, record of survey recorded in Book 10 Page 27 of record of survey; thence northeasterly along said westerly line to the most westerly corner of that certain parcel of land as described in the deed recorded in Book 11293 Page 786 of official records; thence easterly along the southwesterly line of said parcel to the most southerly corner of said parcel; thence northeasterly to a line parallel with and 190 feet, measured at right angles from • the center line of Cliff Drive; thence southeasterly along said parallel line and its easterly prolongation to the northwesterly boundary line of Tract No. 1221; thence southwesterly along said boundary and its prolongation to an intersection with the U.S. pierhead line; thence westerly along said pierhead to U.S. Bulkhead Station 128A; thence westerly to U.S. Bulkhead Station 128: thence westerly to U.S. Bulkhead Station 227; thence northerly to the point of beginning. as shown on Districting Map No. 4 referred to in Section 20.06.030 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 of said Code, is hereby rezoned from the C -2, C -O -Z, C -1 -H, C -2 -H, and R -1 Districts to SP 5 - Specific Plan District, and said Districting Map No. 4 is hereby amended to show this zoning change. 20.62.020. Intent and Purpose. The intent of this ordinance is to establish a Specific Plan District to guide the orderly development and improvement of that area of the City of Newport Beach which is located east of Newport Boulevard, west of • the county owned property used as a Sea Scout Base, north of Lower Newport Bay, and generally south of the base of the bluffs northerly of Coast Highway. It is the purpose of this ordinance to implement the Newport Beach General Plan objectives, policies, general land uses and programs as they pertain to the subject area and establish consistency between the General Plan and the Zoning ordinance in the Mariners' Mile area. 20.62.030. General Controls. The provisions of this section shall apply to all property in the Mariners' Mile Specific Plan District. A. The following two general land use designations are established: (a) Recreational and Marine Commercial, RMC District. (b) Retail and Service Commercial, RSC District. is The designations, locations, and boundaries of these uses are delineated upon the map entitled "Mariners' Mile - Specific -2- - E, J Plan District, City of Newport Beach ", which plan map and all information and notations thereon are hereby made a part of this section by reference. • B. No building or structure shall be erected, reconstructed or structurally altered in any manner nor shall any building or land be used for any and in conformance with laws, and maps referred the Municipal Code conf Chapter, the provisions precedence. purpose, other than as permitted by, this Code and all other ordinances, to therein. Where other sections of Lict with any provision of this of this Specific Plan shall take C. Parking Spaces. Off - street parking spaces shall be provided as set forth in Chapter 20.30.035 of the Municipal Code. D. Landscaping. A minimum of ten percent (10%) of the paved parking area and a minimum of fifty percent (50 %) of the area of the required setback from Coast Highway, • shall be devoted to planting areas. Extensive use of trees is encouraged. All required planting areas shall have a minimum width of three feet, and shall be provided with a permanently installed irrigation system. E. Site Plan Review. Site Plan Review as set forth in Section 20.62.060 of this Chapter shall be required. F. Floor Area Limit. The total gross floor area contained in all buildings on a buildable site shall not exceed .5 times the buildable area of the site; provided, however, that floor area devoted to parking within a building shall not be considered in determining the total floor area allowed; and provided, further, that the Planning Commission may, by use permit, allow development to exceed the .5 times the buildable area, up to a maximum of 1.0 times the buildable area, for the development of marine - oriented uses as defined in Section 20.62.070 D. G. Transfer of Development Intensity. The Planning -3- 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 one times the buildable area of the site. H. Site Area. The Building Site Area required shall be a minimum of 10,000 square feet. Minimum building site frontage required shall be fifty feet. 20.62.040 Recreation and Marine Commercial. It is the intent of this section to implement the General Plan objectives, policies, general land uses and programs for private use of land for that portion of this Specific Plan District area southerly of Coast Highway. All uses and development in this portion of this Specific Plan District shall conform to the provisions of this section. It is further the intent of this section to encourage a continuation of marine - oriented uses; to maintain the marine theme or character of the area; to encourage mutually supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses which would interrupt this continuity; and to encourage public physical and visual access to the bay. A. Uses Permitted. 1. Marinas, yacht clubs, yacht brokers, social clubs, commercial recreation, boat sales, marine supply sales, boat repair and servicing, sports fishing establishments, hotels and motels, business and professional offices where r� J a marine related services are offered to the general public, • and other uses which, in the opinion of the Planning Commission, are of a similar nature. The Planning Commission's decision may be appealed to the City Council. 2. Signs appurtenant to any permitted use. -4- • B. Uses Requiring Use Permit. The following uses will be permitted subject to first securing a use permit in each case. 1. Manufacturing of marine products, new boat construction, restaurants, marine service stations and gas docks, drive in facilities, and other uses which, in the opinion of the Planning Commission, are of a similar nature. 2. General retail and service commercial uses, professional and business offices and light manufacturing, provided that offices which do not provide direct services to the public or which are not ancillary to or otherwise permitted use and light manufacturing uses shall not occupy any first floor space, and further providE34that said retail, commercial office and light manufacturing uses shall be in conjunction with one or more incentive use and further provided that the incentive use shall occupy a substantial portion of the site, including required parking for the incentive use. Incentive use is defined in Section 20.62.070 of this Chapter. C. Height Limit. The height limit for all buildings and other structures on a building site shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet, with a use permit, providing 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 insured and private property protected. 2. The increased building height would result in increased public visual open space and views than would result from compliance 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 desirable architectural treatment of the building -5- 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 undesirable 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 in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. E. Setback Requirements. 1. No side yard building setback shall be required, except as may be required by the Planning Commission in granting a use permit or site plan review approval. 2. No setback shall be required from the bulkhead line, except as may be required by the Planning Commission in granting a use permit or site plan review approval. 3. A minimum of 50 percent of any lot frontage • abutting Coast Highway shall provide a building setback of not less than 10 feet from Coast Highway right of way while the remaining 50 percent of the lot frontage shall provide a setback not less than 5 feet from the right of way line of Coast Highway. Within this required setback area, no structure or other intrusions shall be permitted, except for landscaping, decks, paving, architectural features or signs. - �0�6A�oa0. Retail and Service Commercial. It is the intent of this section to implement the General Plan objectives, policies, general land uses and programs, relating to private use of land, for that portion of this Specific Plan District located northerly of Coast Highway. All uses and development in • this portion of this Specific Plan District shall conform to the provisions of this section. It is further the intent of this section to encourage the continuation of "marine- oriented" uses and the "marine" theme or character of the area; to encourage _I, • • • mutually supportive businesses, a continuity of shopping and pedestrian orientation, and to prohibit uses which would interrupt this continuity; and to minimize the number of curb cuts on Coast Highway. A. Uses Permitted: 1. Retail sales, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, commercial recreation, hotels and motels, and other uses which, in the opinion of the Planning Commission, are of a similar nature. The decision of the Planning Commission may be appealed to the City Council. 2. Signs appurtenant to any use. B. Uses Requiring Use Permit. The following uses shall be permitted upon the granting of a use permit by the Planning Commission: 1. Manufacturing of marine products, boat construction, animal hospitals, auto sales and repair Shops, gasoline service stations, cleaning establishments, laundries, launderettes, outdoor markets, restaurants, outdoor restaurants, drive -in and take -out restaurants, drive -in facilities, outdoor sales establishments, pet shops, public garages, theaters, used car sales lots, and other uses which, in the opinion of the Planning Commission are of a similar nature. 2. Office uses that do not provide direct services to the public and which are not ancillary to another permitted use. However, this type of office use shall not be permitted to occupy any first floor space in any structure. C. Height Limit. The height limit for all buildings and other structures on a building site shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet, with a use permit, providing that the Planning Commission, in granting such use permit, finds -7- that all the following criteria are met: 1. The increased building height would result in more public visual open space and views than would result from compliance 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 on the treatment of all setback and open areas. 2. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area, within a general theme of the marine environment. 3. The increased building height would not result in undesirable 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. 4. The increased height shall in no case result in • a floor area exceeding the floor area permitted by Section 20.62.030. D. Setback Requirements: 1. A 12 foot wide setback along the northerly side of Coast Highway shall be maintained for potential future highway widening to an ultimate width of 112 feet. 2. A minimum of fifty percent (50 %) of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from the above 12 foot setback line while the remaining fifty percent (50 %) of the lot frontage shall provide a setback not less than 5 feet from the above 12 foot setback. Within this setback area, no structure or other intrusions shall be permitted except • for landscaping, decks, paving, architectural features and signs. 3. In any case where a lot abuts upon the side M -_k. .0 or rear yard of a lot in a residential district, a minimum setback of 5 feet shall be provided from said residential district. within this setback area, no structure or other intrusions shall be permitted except for landscaping, decks, paving, architectura features and signs. eZp. 0-- 060 0- ^^ ^�^. Site Plan Review. A. Generally. The City Council finds, determines and declares that the establishment of the Site Plan Review procedures contained in this section are necessary to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. 1. To assure that development of properties in Specific Area Plan areas will not preclude attainment of the General Plan and Specific Area Plan objectives and policies. 2. To protect and preserve the value of properties • and to encourage high quality development thereof in Mariners' Mile where adverse effects could result from inadequate and poorly - planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautifica- tion of streets and public facilities within Specific Area Plan area shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 4. To promote the maintenance of superior site • location characteristics adjoining Coast Highway, a thorough- fare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thorough- fare, and to preserve and protect the property values in said areas. B. Application. Site Plan Review approval shall be • obtained prior to the issuance of a building permit for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by fifty percent (50 %) or 2,500 square feet whichever is less. C. Plans and Diagrams to be Submitted. The following plans and diagrams shall be submitted to the Planning Commission for approval: 1. A plot plan, drawn to scale, showing the arrangement of buildings, driveways, pedestrian ways, off - street parking and off - street loading areas, land- scaped areas, signs, fences and walks. The plot plan shall show the location of entrances and exits, and the direction of traffic flow into and out of off - street parking and • loading areas, the location of each parking space and loading space, and areas for turning and maneuvering vehicles. The plot plan shall indicate how utility services and drainage are to be provided. 2. A landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed and proposed to be retained; and indicating the amount, type, and location of landscaped areas, planting beds and plant materials with adequate provisions for irrigation. 3. Grading plans when necessary to ensure develop- ment properly related to the site and to surrounding properties and structures. 4. Scale drawings of exterior lighting showing size, location, materials, intensity and relationship is to adjacent streets and properties. 5. Architectural drawings, renderings or sketches, drawn to scale, showing all elevations of the proposed -10- -1, buildings and structures as they will appear upon completion. 6. Any other plans, diagrams, drawings or additional information necessary to adequately consider • the proposed development and to determine compliance with the purposes of this chapter. D. Fee. The applicant shall pay a fee as established by resolution of the City Council to the City with each application for Site Plan Review under this chapter. E. Standards. In addition to the general purposes set forth in subsection 1 in order to carry out the purposes of this chapter as established by said section, the site plan review procedures established by this section shall be applied according to and in compliance with the follow- ing standards, when applicable; 1. To ensure that sites subject to Site Plan Review under the provisions of this chapter are graded and developed with due regard for the aesthetic qualities of the natural • terrain, harbor, and landscape, and that trees and shrubs are not indiscriminately destroyed. 2. To ensure that buildings, structures and signs are properly related to their sites and,are in keeping with the character of the neighborhood and surrounding sites and are not detrimental to the orderly and harmonious development of their surroundings and of the city. 3. To ensure that open spaces, parking areas, pedestrian walks, illumination and landscaping (including sufficient irrigation facilities) are adequately related to the site and are arranged to achieve a safe, efficient and harmonious development, to accomplish the objectives as set forth in this chapter. 4. To ensure that sites are developed to achieve • a harmonious relationship with existing and proposed adjoining developments. -11- 5. To ensure, when feasible, effective conceal- ment of electrical and similar mechanical equipment and trash and storage areas. 6. The Site Plan Review process shall endeavor to ensure that proposed improvements will not impair the desirability of investment or occupancy nearby; and originality in site planning and landscaping shall not be suppressed. 7. To ensure that the site plan and layout of the buildings, parking areas, pedestrian and vehicular access ways, and other site features gives proper considera- tion to the functional aspects of the site development. 8. To ensure that the proposed development is in keeping with the desired character of the Specific Area Plan area as identified by the General Plan and the Specific Area Plan. 9. To ensure that the proposed development is consistent with the General Plan policies; and to ensure that the proposed development will not preclude the attain- ment of the Specific Area Plan objectives. r U F. Action by the Planning Commission. If all applicable • standards established by this section are met, the Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. If the development is disapproved, the Commission shall specify the standard or standards that are not met. Failure of the Commission to act within thirty (30) days from the date the drawings are submitted shall be deemed an approval of the plans and diagrams unless the applicant consents to an extension of time. A Site Plan Review decision of the Planning Commission shall be subject to review by the City Council either by appeal, or upon its own motion, or upon the request of the Commission. The action of the Commission -12- on any Site Plan Review shall be final and effective twenty -one (21) days, following the Commission action • thereon unless, within the twenty -one (21) day appeal period an appeal in writing has been filed by the applicant, the Commission has requested a review of its decision, or unless the City Council, not more than twenty -one (21) days after the Commission action, on its own motion, elects to review and act on the action of the Commission, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision. Such action by the City Council shall be final. G. Appeal to the City Council. Any Site Plan Review decision of the Commission may be appealed to the City Council by the applicant at any time within twenty -one (21) days after the date of the Commission decision. An appeal to the City Council shall be taken by filing a letter of appeal in • duplicate, with the Department of Community Development. Such letter shall set forth the grounds upon which the appeal is based. H. Action by the City Council. An appeal shall be heard and acted on by the City Council within thirty (30) days after the Commission action, unless the applicant consents to an extension of time. The City Council may affirm, reverse or modify the decision of the Commission. Such action by the City Council shall be final. Z. Lapse of Site Plan Review Approval. Site Plan Review approval shall lapse and shall be void one year following the date upon which the plans and diagrams were approved, as provided in this section, unless prior to the expiration of said one (1) year period a building permit • is issued and subsequently construction is diligently pursued until completion, or unless an extension of time is granted by either the Commission or City Council, whichever took -13- the final act 20.62.07 Definitions. For the purpose of j his used herein shall have meanings s subsection. All definitiovis described chapter, certain to ms assigned to them by h in Section 20.87 of t where there is a confl shall take precedence. A. .,r, . .. Municipal Code shall prey "1 except ct with this Specific P1a7District Recreation. A use designed primarily fo activities, in or out of doors, which are generally ass ciated with le'sure time activities, examples include: tennis courts, racq etball, swimming clubs, and other uses of similar B. Personal /Prof$ss or store, providing serviceA including, but not limited t barbers, photographers and a C. Buildable Area. for the purpose of this c building site, excluding by this ordinance from Setback areas in addit on bas L to the by use permit, resub ivision or reduce the buildabl area for p building intensity. ature. Services. An office tly to the general public, hitects, attorneys, brokers, term "buildable area" all mean the area of a minimum setback required y and /or any "R" District. f rementioned required di ication will not lose of calculating D. Inc ntive Uses. For the pu pose of this chapter the fo owing uses shall be consi ered "incentive uses ": boat 1 ttering, boat registration, oat rentals, boat yards, arine canvas and upholstery, ma ine carpentry, and wood w rk, charters, compass scales, service and adjust- ing, docu entation services, marine electrical and generat'ng equipment and repairs, marine electr nic sales and se vice, marine engine sales, service and re air, fibe glass repairs and supplies, fishing supplie and equipment, flags, emblems, trophies, fuel docks, m rine -14- I 1 • y i the final action. 20.62.070. Definitions. For the purpose of this chapter, certain terms used herein shall have meanings assigned to gt em by this subsection. All definitions described Ch�Q'%tr ' in Seetren 20.87 f the Municipal Code shall prevail except where there is a conflict with this Specific Plan District in which case the following shall take precedence. A. Commercial Recreation. A commercial use designed primarily for activities, in or out of doors,. which are generally associated with leisure time activities, examples include: tennis courts, racquetball, swimming clubs, and other uses of a similar nature. B. Personal /Professional Services. An office or store, providing services directly to the general public, including, but not limited to, architects, attorneys, brokers, barbers, photographers and artists. C. Buildable Area. The term "buildable area" for the purpose of this chapter shall mean the area of a building site, excluding any basic minimum setback required by this ordinance from Coast Highway and /or any "R" District. Setback areas in addition to the aforementioned required by use permit, resubdivision or modification will not reduce the buildable area for purposes of calculating building intensity. D. Incentive Uses. For the purpose of this chapter the following uses shall be considered "incentive uses ": boat lettering, boat registration, boat rentals, boat yards, marine canvas and upholstery, marine carpentry, and wood work, charters, compass scales, service and adjust- ing, documentation services, marine electrical and generating equipment and repairs, marine electronic sales and service., marine engine sales, service and repair, fiber glass repairs and supplies, fishing supplies and equipment, flags, emblems, trophies, fuel docks, marine -14- 7/19/77 • • E • hardware equipment and supplies, holding tank installation and service, sailing /boating instruction, marine insurance, launching and hoists, boat leasing, boat maintenance and repair, mast and rigging supplies and.service, nautical charts, nautical instruments, nautical decor, marine plumbing and water systems, publications - nautical; fabrication and maintenance of pulpits and rails, marine surveyors, underwater services, yacht brokers, yacht clearance, and other uses which, in the opinion of the Planning Commission, are of a similar marine oriented nature. SECTION 2. The Director of Community Development Department of the City of Newport Beach is and directed to change Districting Map No. changes described in Section 1 hereof, and Map shall have been so amended, the same s force and effect and be a part of Title 20 Municipal Code. hereby instructed 4 to show the zoning as said Districting Zall be in full of the Newport Beach SECTION 3. This Ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of April , 1977, and was adopted on the 9th day of May , 1977, by the following vote, to wit: ATTEST: City Clerk AYES, COUNCILMEN: Dostal, Barrett, Kuehn, McInnis, Rogers, Williams NOES, COUNCILMEN: None ABSENT COUNCILMEN: �Rycckkoffff Mayor CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION 1 1 1977 DATE.............................. HRC:yz 3/17/77 ITY CIERK OF TH: C17Y CF N ORT eFAGN 4/12/77 -15-