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HomeMy WebLinkAbout88-17 - Amending the Provisions of Sections 20.30.035B, 20.30.040B, and 20.63.045A to the Newport Beach Municipal Code as it Pertains to Establishing a New Off-Street Parking Requirement for Public Assembly Uses: and the Acceptance of an Environmental Doc4% • ORDINANCE NO. 88 -17 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF SECTIONS 20.30.035B, 20.30.040B, AND 20.63.045A TO THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO ESTABLISHING A NEW OFF - STREET PARKING REQUIREMENT FOR PUBLIC ASSEMBLY USES: AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (Planning Commission Amendment No. 662) The City Council of the City of Newport Beach does ordain as follows: SECTION I. Section 20.30.035 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.30.035 "H" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "H" Districts, in addition to the regulations hereinbefore specified therefore, and shall be subject to the provisions of Chapter 20.30; provided, however, that if any of the regulations specified in Subsection A and Subsection B below differ from any of the corresponding regulations specified in this section for any district with which is combined an "H" District, then in such case the provisions of Subsections A and B shall govern. (1949 Code 59104.2 added by Ord. 635; Decem- ber 12, 1950, as amended by Ord. 845; April 14, 1958). A. USES PERMITTED. The following uses shall be permitted in " -H" Districts: All uses permitted in the respective districts with which the " -H" District is combined, subject to approval as to design of buildings and design and location of parking lot; except, however, as provided in Sections 20.30.035 B and 20.30.035 C. (1949 Code S 9104.21 (part) added by Ord. 635; December 12, 1950 as amended by Ord. 901; December 28, 1959). B. OFF- STREET PARKING REQUIRED - SCHEDULE. Off- street parking on the building site, or with City Council approval upon recommendation of the Planning Commission, on a separate lot from the building site or sites, shall be required in all districts with which the " -H" district is combined, • according to the following formula: (1) Retail Stores: One parking space for each 250 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. - 1 - (2) Office Buildings (except where portion is used as a medical or dental office): One parking space for each 250 square feet of net floor area, except as provided in Section 20.30.035 C. (3) Wholesale and Industry: 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, but in no event shall there be less than 10 parking spaces for each such establish- ment. (4) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. 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 restaurant. (a) The portion of net public area designated for dining, cocktails or dancing. (b) The number of tables or seats, and their arrangement. (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. (b) Availability of off -site parking nearby. (c) Amount of walk -in trade. (d) Parking problems in the area at times of peak demand. - 2 - 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 amend- ment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease park- ing requirements within the ranges noted above. (5) Outdoor Restaurants, Drive -in and Take -out Restaurants: One parking space for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall be provided for each employee on duty, with the number of such spaces to be based on peak employment. (6) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed: where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. (7) Theaters: One parking space for each three seats. (8) Hotels: One parking space for each two guest rooms. (9) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. (10) Clinics: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one • for each employee. (11) Motels: One parking space for each guest unit. - 3 - (12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (Ord. 85 -17, October 23, 1985; Ord. 1623 § 2, 1975; Ord. 1404 § 3, September 20, 1971; 1949 Code §9104.21(a) added by Ord. 635, December 12, 1950 as amended by Ord. 901, December 28, 1959; Ord. 85 -17, October 23, 1985.) C. PARKING REQUIREMENT FOR OFFICE BUILDINGS BASED ON SIZE OF PARKING POOL. The parking requirement for office buildings, as specified in Section 20.30.035 B(2), may be modified in accordance with the following schedule: (1) For the first 125,000 sq.ft., parking shall be provided at one space per 250 sq.ft, of net floor area. (2) For the next 300,000 sq.ft., parking shall be provided at one space per 300 sq.ft, of net floor area. (3) Any additional floor area, parking shall be provided at one space per 350 sq.ft. of net floor area. For pools based on more than 425,000 sq.ft. of net floor area, the Planning Commission may modify the parking formula by Use Permit, based on a demonstrated formula. D. 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 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 interest 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, providing for the - 4 - 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 Department. (1949 Code S 9104.21 B added by Ord. 6351 December 12, 1950 as amended by Ord. 901; December 28, 1959). E. BUILDING LOCATION. In case no building line is established by the Street and Highway Plan of the Master Plan or by the provisions of this Chapter for the street on which any building will front, in any district with which an " -H" District is combined, no such building shall be erected, constructed, moved or structurally altered, so that the same shall be closer to the line of such street than a distance to provide adequate space for the traffic movements and the standing of vehicles which will be incidental to the use of such building. Such distance to be designated by the Planning Commission as a part of the action on plans submitted with the application for a permit for such building, as provided in Chapter 20.30. 11949 Code 5 9104.22 added by Ord. 40 635; December 12, 1950.) SECTION II. Section 20.30.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.30.040 "Z" COMBINING DISTRICT. The following regulations shall apply in all Commercial Districts with which are combined "Z" Districts, in addition to the regulations hereinbefore specified therefor, provided, however, that if any of the regulations specified in the "Z" District differ from any of the corresponding regulations specified in this Section for any District with which is combined the "Z" District, then and in such case the provisions of the "Z" District shall govern. (1949 Code 4 9104.3 added by Ord. 913, February 23, 1960.) A. USES PERMITTED. The following uses shall be permitted in " -Z°' • Districts: All uses permitted in the respective districts with which the " -Z" District is combined, subject to approval as to design of building and design and location - 5 - of parking lot; except, however, as provided in Subsections B and C below (1949 Code 5 9104.31 (part) added by Ord. 9131 February 23, 1960.) B. OFF - STREET PARKING REQUIRED - SCHEDULE. Off - street parking, on the building site, or on a separate lot from the building site or sites with City Council approval on recommendation of the Planning Commission, shall be required in all districts with which the " -Z" District is combined, according 4 to the following formula: (1) Retail and Wholesale Stores: One parking space for each 350 square feet of gross floor area, and one loading space for each 10,000 square feet of gross floor area. (2) Office Buildings (except where any portion is used as a medical or dental office) : One parking space for each 350 square feet of net floor area. (3) Restaurants: One space for each 40 square feet of net public area. "Net Public Area" shall be defined as the total area of the restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service foor storage areas. 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 restaurant. (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. (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. (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. (4) Drive -in and Take -Out Restaurants: One parking space for each 50 square feet of gross floor area contained within a building or in any outdoor area capable of being used for the purpose of serving food or beverages. In addition, one parking space shall 40 be provided for each employee on duty, with the number of such spaces to be based on peak employment. (5) Public Assembly: One parking space for each three seats where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed: where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. (6) Theaters: One parking space for each three seats. (7) Hotels: One parking space for each two guest rooms. (8) Hospitals: One parking space for each bed, and in addition one parking space for each resident doctor and one for each employee. • (9) Clincs: One parking space for each 250 square feet of gross floor area, plus one additional space for each doctor and one for each employee. (10) Motels: One parking space for each guest unit. - 7 - (11) Apartments: One parking space for each unit having not more than one bedroom; otherwise two parking spaces per unit. (12) Medical and Dental Office Buildings: One parking space for each 250 square feet of gross floor area. (Ord. 85 -17, October 23, 1985; Ord. 1623 5 3, 1975; Ord. 1404 5 5, 1971; Ord. 85 -17, October 23, 1985.) C. 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 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 interest 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, 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 Department. (Ord. 913, 1960= 1949 Code 5 9104.31 B.) D. WAIVER OF OFF-STREET PARKING REQUIREMENTS. The Planning Commission may recommend and the City Council may approve, on petition of the property • owner, a waiver of or reduction in off - street parking required by the terms of this Section under the following conditions: (1) When a municipal parking lot is so located as to be useful in connection with the proposed use or uses on the building site or sites. (2) When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simul- taneously. SECTION III. Section 20.63.045 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.63.045 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS. The follow- ing 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 provided 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 Com- mission 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 restaurant. • (a) The portion of net public area designated for dining, cocktails, or dancing. (b) The number of tables or seats, and their arrangement. s 40 t (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. (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 amend- ment to the Use Permit. When an amendment to the Use Permit is required, the Planning Commission may increase or decrease park- ing 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 character- istics of a hotel or motel, require additional off - street park- ing 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 where fixed seating is provided, or one parking space for each 35 square feet of gross floor area in the main assembly hall where seating is not fixed: where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. - 10 - 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 interest of a duration adequate to serve all proposed uses on the building site or 10 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, 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 Department. (5) The provisions of this subsection shall not apply to residential 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 - 11 - s • 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 structures 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). - 12 - H. HEIGHT LIMIT. The height limit for all buildings and other struc- tures 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 level), the height limit shall be the greater of 26 feet above the high water line or 26 feet above the site 4% 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 compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure. on the lot, the per- centage of ground coverage, and the treatment of all setback and open areas. (3) The increased building height would result in a more desirable 19 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 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 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: - 13 - i 19 • 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 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 nonresidential 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 development. 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. - 14 - 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 monu- ment signs are limited to two faces and may be illuminated. 4. Pole Signs. Pole signs shall not be permitted except on build- ing 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 1-0 Section. 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 injurious to property or improvements in the neighborhood, or the general welfare of the City. 8. Appeal. In case the applicant or any other person is not satisfied with the action of the Planning Commission, 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. - 15 - • L. PUMP -OUT FACILITIES REQUIRED On waterfront sites where the proposed use includes public marinas, yacht clubs, boat charters or rentals, sport 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 Recorder's Office in a manner satisfactory to the Public Works Department. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of May, 1988, and adopted on the nth day of June , 1988, by the following vote: - 16 - AYES, Cox, Hart, Maurer, Plummer, Sansone, Strauss, Turner NOES, t wRL /kk CC23 - 17 -