Loading...
HomeMy WebLinkAbout92-1 - Amending Title 20 of the Newport Beach Municipal Code so as to Establish Nonconforming Provisions for Residential Structures and Uses Within the Mariner's Mile Specific Plan Area (Planning Commission Amendment No. 747)ORDINANCE NO. 92 -1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH NONCONFORMING PROVISIONS FOR RESIDENTIAL STRUCTURES AND USES WITHIN THE MARINER'S MILE SPECIFIC PLAN AREA • (Planning Commission Amendment No. 747) WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing its provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the City Council or the Planning Commission; and WHEREAS, the Planning Commission determined at its October 10, 1991 meeting that a revision to the nonconforming provisions of the Zoning Code was appropriate so as to allow minor alterations and additions to nonconforming residential uses and structures in the Mariner's Mile Specific Plan; and WHEREAS, the Planning Commission, at its October 10, 1991 meeting directed the •staff to initiate amendment procedures so as to consider the a revision to the nonconforming provisions of the Zoning Code so as to allow minor alterations and additions to nonconforming residential uses and structures in the Mariner's Mile Specific Plan; and WHEREAS, the proposed amendment is necessary so as to allow minor alterations and additions to existing nonconforming residential uses and structures which will not increase the number of dwelling units on the property; and . WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under a Class 5 (Minor Alterations in Land Use Limitations) exemption; and WHEREAS, pursuant to Section 20.84.30, the Planning Commission has held a duly noticed public hearing to consider Amendment No. 747 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, on January 27, 1992, the City Council of the City of Newport Beach . held a public hearing regarding Amendment No. 747. NOW, THEREFORE the City Council of the City of Newport Beach does hereby ordain as follows: Section 1. Section 20.62.030 of the Municipal Code is hereby added to read as follows: 20.62.030 GENERAL CONTROLS. A. LAND USE DESIGNATIONS. The following land use designations are established: 1. Recreational and Marine Commercial, RMC District. 2. Retail and Service Commercial, RSC District. The designations, locations, and boundaries of these uses are delineated upon the map • entitled "Mariners' Mile - Specific 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. APPLICABILITY. The provision of this section shall apply to all property in the Mariners' Mile Specific Plan District. 1. CONSTRUCTION OF BUILDINGS REGULATED. No building, structure or sign shall be erected, reconstructed or structurally altered in any manner nor shall any building or land be used for any purpose, other than as permitted by, and in conformance with this Plan and all other ordinances, laws, and maps referred to therein. Where other sections of the Municipal Code conflict with any provision of this Plan, the provisions of this Specific Plan shall take precedence. 2. PARKING SPACES. Off - street parking spaces shall be provided as set forth in Chapter 20.30.035 of the Municipal Code. 3. 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. 4. SITE PLAN REVIEW. Site Plan Review shall be required for development as set forth in Section 20.62.060 of this Chapter shall be required. 5. FLOOR AREA LIMIT AND BUILDING BULK LIMIT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07; provided that total gross floor area shall not exceed .5 times the total square footage of the site provided that the Planning Commission may, by variance, allow development to exceed the .5 times the total square footage of the site, up to a maximum of 0.75 times the total square footage of the site, as set forth in Section 20.82.020(D). 6. 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. (Ord. 90 -16, May 23, 1990; Ord. 90 -3, March 28, 1990; Ord. 1718 § 1 (part), 1977). 7. INCREASE AND INTENSIFICATION OF NONCONFORMING RESIDENTIAL STRUCTURES AND USES. Notwithstanding the provisions • of Chapter 20.83 of this Title, minor additions to a nonconforming residential structure or use may be allowed, provided that such addition will not impact upon any public view through or over the site, and provided further that such addition will not extend beyond any existing balcony nor result in a greater number of dwelling units within the project. Section 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. Section 3. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of January, 1992, and adopted on the 27th day of January, 1992, by the following vote, to wit: r� ATTEST: • -0 AYES, COUNCIL MEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUIMM NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE MAYOR