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HomeMy WebLinkAbout93-1 - Amending Title 20 of the Newport Beach Municipal Code So as to Clarify Language in Chapter 20.33 and Table 20.33, and an Amendment to Chapter 20.68 to Permit Massage Establishments as an Independent Use in the APF District, Subject to the SecuringORDINANCE NO. 93 -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 CLARIFY LANGUAGE IN CHAPTER 20.33 AND TABLE 20.33, ® AND AN AMENDMENT TO CHAPTER 20.68 TO PERMIT MASSAGE ESTABLISHMENTS AS AN INDEPENDENT USE IN THE APF DISTRICT, SUBJECT TO THE SECURING OF A USE PERMIT; ALSO INCLUDED IS A HOUSEKEEPING CHANGE TO CORRECT SECTION REFERENCE; IN CHAPTER 20.33 AND TO ESTABLISH MORE SPECIFIC LOCATION REQUIREMENTS FOR INDEPENDENT MASSAGE ESTABLISHMENTS (Planning Commission Amendment No. 778) WHEREAS, Title 20 of the Newport Beach Municipal Code, more specifically Table 20.33, does not make a distinction between massage establishments as accessory uses or as independent uses; and WHEREAS, Section 20.68.025 currently makes no provision for massage establishments to be located in the APF District which is similar to office uses in commercial areas of Planned Community Districts; and the proposed amendment will clarify • the location requirement pertaining to the site a massage establishment is located; and WHEREAS, the Planning Commission requested that Planning Department staff revise language in the Zoning Code with respect to massage establishments and Sections 20.33.020 and 20.68.025 to develop consistent language and definitions; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, on February 4, 1993, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 778; WHEREAS, on March 8 , 1993, the City Council of the City of Newport Beach held a public hearing regarding Amendment No. 778. NOW THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: • Section 1. Section 20.33.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.33.020 USE OF LAND OR STRUCTURES. Uses permitted in commercial districts and uses permitted upon the approval of the Planning Director, Modifications Committee, or Planning Commission shall be as provided in Table 20.33 and provided further as follows: 40 A. HELIPORTS AND HELISTOPS. No helicopter shall land or take off and no heliport or helistop shall be established in any Commercial District unless a Use Permit shall first have been secured for the establishment, maintenance, and operation of such use. The License Supervisor may approve temporary helistops in any zoning district of the City for a period not to exceed 90 days for use in connection with major construction sites if the License Supervisor determines that such helistops will not unduly interfere with the health, safety, and welfare of persons owning property in the surrounding area. Appropriate conditions to such approval may be attached. B. OUTDOOR LIGHTING. No swimming pool, tennis court or other use which, in the opinion of the Planning Commission is of a similar nature, and which is located closer than two hundred feet to the boundary of any "R" District, shall be lighted externally unless a Use Permit shall first have been secured for the installation, maintenance, and operation of the lighting fixtures. Section 2. Section 20.68.025 of the Municipal Code is hereby amended to read as follows: 20.68.025 Massage Establishments As An Independent Use. A massage establishment which operates as an independent use, shall be permitted in the C -0, C -1, C -2 Districts, M -1 -A District, RMC, RSC and APF Districts, commercial areas of P -C Districts and commercial areas of the SP -4 (Newport Shores Specific Plan) and SP -5 (Mariner's Mile Specific Plan) Districts, subject to the securing of a use permit in each case, • and provided further that such establishment conforms to the following: A. Location Requirements. Notwithstanding any other provision of the Newport Beach Municipal Code, no use 2 • • • permit shall be approved by the City of Newport Beach for any massage establishment if the proposed site is located: 1. Within 500 feet of any public or private school, park or playground, civic center, cultural site or church site; or 2. Within 500 feet of any other massage establishment site. B. Waiver of Location Restrictions. Any property owner or his authorized agent may apply for a waiver of the location restrictions contained in this Section. The Planning Commission, after a public hearing, or City Council on appeal or review, may waive any location restriction, if all the following findings are made: 1. The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this Section will be observed; and 2. The proposed use will not enlarge or encourage the development of an urban blight area; and 3. The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and 4. The use at the proposed location will not adversely affect the use of a place used exclusively for religious worship, school, park or playground; and 5. All applicable regulations of this Newport Beach Municipal Code will be observed. 3 • • t Section 3. Table 20.33 of the Municipal Code is hereby amended to read as follows: Table 20.33 is amended to delete under the category of Personal Service, the reference to massage parlor and in its place to provide for both classes of massage establishments as either an independent or as an accessory use consistent with Chapter 20.68 of the Municipal Code. Table 20.33 is also amended to permit independent massage establishments to be located in the APF, RMC and RSC Districts, subject to the securing of a use permit. A copy of the proposed changes to Table 20.33 is attached. Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper and shall be effective thirty (30) days after the date of its adoption. Section 5. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of February , 1993, and was adopted on the 8th ATTEST: day of March , 1993, by the following vote, to wit: AYES, COUNCIL MEMBERS HEDGES, SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCIL MEMBERS NONE 0 • TABLE 20.33 LAND USES .a `: ` ^;e:.. .�.'au:,q,.wa:.a. w "`c%�`,. o a ''';; ?y?^ .a .. k:•:�ie`<.p:.... %;a °fi'`av „n.,...,,..Y::.. :......nom......:.. �':o:' 'io, .s :e: . ... �:, : n TYPE OF USE v EXAMPLES RSC APF RMC ;n 5>, .•..,:... :6a:'b.' 'c :.. "''uti'4.2iaa:e:.:o:.:o:.:o: /'a:R'd:.:n:.:n:.:3'. .:o:y. a. N <!in2'a:.a..aoa:o,:.ca:.enk�4:5 �8:a3:. •":.Ca:c.: "o.>:f : e::: 8i?v:R.:..a,: <:r..:::5�'2:;.mv; . A�l' ot�w`✓ �nha: kay. :d?a:`a0:r °9°9aaaaa:N:.o,:.o,:N .e. �. 6.,0.....i , .¢,'A,v ` REDUCED FAR USES - (Floor area ratio up to 0.3) PLTBLICASSEM3LY AUDITORIUMS UP UP UP THEATERS - UP UP UP FOOD USES DRIVE - INTAKE OUT RESTAURANTS UP U/A UP RESTAURANTS UP U/A UP DRIVE-IN FACILITIES UP U/A UP MISC HEALTH CLUB /AEROBICS STUDIOS UP U/A UP MINI-MARTS YES ANC UP SOCIAL, CLUBS UP UP UP pp a C..`w:., r,..W +,p.,n.+,e S a. :.¢....k..k:.k..k:.k:y k � . .:c:.e:.:d.Aa.. ,,. .•,...,..a....w..', . .a.;..:.g..,.,.,...... . .. . o n nm eC BASE FAR USES (Floor area ratio up to OS) ART OR INSTRUCTIONAL ART STUDIOS YES YES YES FACILITIES PHOTOGRAPHY STUDIOS YES YES UP DANCE STUDIOS UP NO NO MUSIC /ART SCHOOLS UP UP UP PRIVATE INSTRUCTIONAL FACILITIES UP UP UP MARINE USES BOAT CHARTER (BOATS PRESENT) UP NO INGP BOAT SALES (BOATS PRESENT) UP NO INGP MARINE SERVICE STATION UP NO INC-UP AUTOMOBILE RELATED USES AUTO DETAILING /CAR WASH UP UP UP AUTO RENTAL (OFFICE ONLY) YES YES LIP. AUTO RENTAL (VEHICLES PRESENT) UP NO NO AUTO REPAIRS UP NO NO AUTO SALES/LEASING UP U/A NO (VEHICLES PRESENT) AUTO WINDOW TINTING UP NO NO INSTALLATION OF AUTO SOUND SYSTEMS UP NO NO GASOUNE SERVICE STATIONS UP UP UP PROFESSIONAL SERVICES ACCOUNTANTS YES YES UP' ARCHITECTS YES YES UP. ATTORNEYS YES YES UP* CHIROPRACTORS YES YES UP* DENTAL OFFICE YES YES UP* ENGINEERS YES YES UP* INTERIOR DECORATORS YES YES UP. MARINERELATED OFFICE INCLUDING: YES YES YES BOAT CHARTER (OFFICE ONLY) YES YES YES BOAT SALES (OFFICE ONLY) YES YES YES MEDICAL OFFICE YES YES UP* PRINTERS YES YES UP' REALTORS/ESCROW YES YES LT. OTHER PROFESSIONAL SERVICES YES YES Ur • TABLE 20.33 LAND USES ' .ffi: T.', a>:4>:C^i °M`. pv ':'•fi i : 9` af. Y RE `.n•'ER.n,!o:Ea1?5:`,..,' TYPE OF USE EXAMPLES RSC APF RMC `o P.99�tiii a+ o FREESTANDING OFFICES NOT CORPORATE OFFICE BUILDINGS NO YES NO OFFERING GOODS OR SERVICES EDITORIAL AND DESIGN NO YES NO TO THE GENERAL PUBLIC RESEARCH AND DEVELOPMENT NO YES NO PERSONAL SERVICES ACUPUNCTURE YES YES UP. BARBERS YES ANC UP' BEAUTYPARLORS YES ANC UP' CLEANERS/IAUNDRIES YES ANC UP• (COLLECTION ONLY) CLEANERS/LAUNDRIES UP NO NO (PLANT ON PREMISES) FORTUNETELLING YES YES Up. MASSAGE ESTABLISHMENTS (accessory) YES YES UP- MASSAGE ESTABLISHMENTS (independent) UP UP UP' MORTUARIES UP UP' REPAIR OF SMALL APPLIANCES YES UP' SHOE REPAIR YES UP` TAILORS YES ANC UP. OTHER PERSONAL SERVICES YES ANC UP. RETAIL ART GALLERIES YES YES YES APPLIANCE STORES YES ANC NO BAKERIES YES ANC YES BOOKSTORES YES ANC YES CLOTHING STORES YES ANC YES DELICATESSENS YES ANC YES DEPARTMENT STORES YES NO NO HARDWARE STORES YES ANC P. JEWELRY STORES YES ANC YES OUTDOOR SALES UP NO UP PHARMACIES YES ANC NO PLANT NURSERIES YES NO NO RETAIL MARINE SALES YES ANC INGP SHOE STORES YES ANC P. SPECIALTY SHOPS YES ANC P. SPECIALTY FOOD SERVICE (PER 20.72) MOD MOD MOD SUPERMARKETS YES NO NO GENERAL RETAIL SALES YES ANC P. RECREATTONAL FACILITIES GYMS UP UP UP BILLIARD PARLORS UP UP UP RETAIL AND SERVICE ANIMAL HOSPITALS UP UP NO COMMERCIAL WITH ANIMALS PET SHOPS UP NO NO PRESENT DOG GROOMERS UP NO NO PUBLIC ASSEMBLY /CLUBS SERVICE CLUB UP UP UP YACHT CLUB UP UP INC-UP MISC. BANKS/LENDERS YES YES UP' DAY CARE YES ANC LIP. HANDICRAFT ESTABLISHMENTS YES NO P• LAUNDROMATS YES NO UP* ACCESSORY USES INCIDENTAL TO COMMERCIAL, DEVELOPMENTS, YES YES YES CONSTRUCTED CONCURRENT WITH OR SUBSEQUENT TO THE MAIN BUILDING WHERE THE CHARACTER OF THE PREMISES IS NOT ALTERED • • TABLE 20.33 LAND USES TYPE OF USE EXAMPLES RSC APF RMC �,go ggm. 6. w 'Na 00–x —mm RE somm. MAXIMUM FAR USES (Flom area mfio up to 0.75 or 1.0) MARINE USES BOAT BUILDING NO NO INC-UP BOAT HAUL -OUT NO NO INC-P BOAT REPAIR NO NO INC-P OVERNIGHT BED AND BREAKFASTS UP UP UP ACCOMMODATIONS HOTEL UP UP UP MOTEL UP UP UP INDUSTRIAL GENERAL LIGHT INDUSTRIAL NO NO UP* GENERAL LIGHT MANUFACTURING NO NO NO HEAVY INDUSTRIAL NO NO NO GENERAL LABORATORIES NO NO NO MACHINE SHOPS NO NO NO MARINE INDUSTRIAL NO NO INC-UP MARINE MANUFACTURING NO NO INC-UP MEDICAL LABORATORIES NO YES NO RESEARCH LABORATORIES NO NO NO WHOLESALE WHOLESALE SALES ANC ANC ANC CONGREGATE RESIDENCES CONGREGATE CARE FACHMES UP UP NO ELDERLY RESIDENTIAL UP UP UP SINGLE ROOM OCCUPANCY UP UP UP STORAGE DRY BOAT STORAGE NO NO INC-P MINISTORAGE WHERE SPECIFICALLY UP UP UP PERMITTED BY THE GENERAL PLAN MINISTORAGE, GENERALLY NO NO NO GENERAL STORAGE WHERE SPECIFICALLY UP UP UP PERMITTED BY THE GENERAL PLAN GENERALSFORAGE NO NO NO OUTDOORSTORAGE NO NO UP 0 N ......... wx FIXED FLOOR AREA RATIO USES CEMETERY/MAUSOLEUM /CREMATORIUM NO NO NO FREESTANDING RELIGIOUS FACILITIES NO NO NO MUNICIPAL OFFICES NO NO NO COMMUNITY CENTERS UP UP UP HOSPITALS NO NO NO PUBLIC LIBRARIES NO NO NO MUSEUMS NO NO NO POST OFFICE (FEDERAL) NO NO NO RESERVOIRS/WATER FACILITIES NO NO NO SCHOOLS NO NO NO TRANSIT FACUMES UP U/A UP UTILITY SUBSTATIONS NO NO NO • 0 TABLE 20.33 LAND USES TYPE OF USE EXAMPLES 10 N ft. Ra "f -00N.' I mq� RSC APF RMC ........... >>>>OTHER<<<< OUTDOOR LIGHTING WITHIN 200 FELT OF UP UP UP A RESIDENTIAL DISTRICT TEMPORARY USES UP TO 90 DAYS PD PD PD TEMPORARY USES OVER 90 DAYS UP UP UP TEMPORARY HELJSrOPS (UP To 90 DAYS) PI) PD PD HELISTOPS OVER 90 DAYS UP UP UP PORTABLE BUILDINGS UP UP UP ROOFTOP PARIUNG UP UP UP TENNIS CLUB NO NO NO GOLF COURSE NO NO NO REMOVAL OF EARTHEN MATERIAL UP UP UP EXCEEDING NORMAL GRADING FOR SITE PREPARATION OR LANDSCAPING SIGNS PER CHAPTER 20.06 YES YES YES mmmoilluall, YES = PERMITTED ANC = PERMITTED IF ANCILLARY UP = PERMITTED WITH USE PERMIT U/A = PERMITTED WITH USE PERMIT IF ANCILLARY INC-P - INCENTIVE USE WHICH IS PERMITTED INC.Up = INCENTIVE USE PERMITTED UPON THE APPROVAL OF A USE PERMIT P' = USES PERMITTED WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT LEAST 40% OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A UP' -- USES PERMITTED UPON THE APPROVAL OF A USE PERMIT WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT LEAST 40% OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A PD = SUBJECT TO APPROVAL OF THE PLANNING DIRECTOR MOD = SUBJECT TO APPROVAL OF THE MODIFICATIONS COMMITTEE NO = PROHIB]TTED