HomeMy WebLinkAbout2003-4 - Approving an Amendment Title 20 of the Newport Beach Municipal Code Relating to Landmark Buildings and Nonconforming Uses [Code Amendment 2002 -007]ORDINANCE NO. 2003 -4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TITLE
20 OF THE NEWPORT BEACH MUNICIPAL CODE
RELATING TO LANDMARK BUILDINGS AND
NONCONFORMING USES [CODE AMENDMENT 2002 -007]
WHEREAS, on November 7, 2002, the Planning Commission of the City of Newport
Beach initiated an amendment to Title 20 of the Newport Beach Municipal Code to
designate certain types of buildings as "Landmark Buildings" and modify restrictions on
nonconforming uses in Landmark Buildings; and
WHEREAS, on December 5, 2002, January 9, 2003, and January 23, 2003, the
Planning Commission of the City of Newport Beach held duly noticed public hearings
regarding this code amendment; and
WHEREAS, the Planning Commission voted unanimously to recommend approval
of this code amendment to the City Council; and
WHEREAS, on February 11, 2003 and March 25, 2003, the City Council of the City
of Newport Beach held duly noticed public hearings regarding this code amendment; and
WHEREAS, pursuant to the California Environmental Quality Act, it has been
determined that the proposed amendment is categorically exempt under Class 5, minor
alterations in land use limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to
revise Section 20.62.050 (A) and add Section 20.62.065 to Title 20 of the Newport Beach
Municipal Code, as provided in Exhibit "A."
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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.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on March 25, 2003, and adopted on the 8th day of April 2003, by the
following vote, to wit:
AYES, COUNCIL MEMBERS Heffernan, Proctor,
Ridgeway, Adams, Webb, Mayor Bromberg
NOES, COUNCIL MEMBERS - --
ABSENT COUNCIL MEMBERS - --
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EXHIBIT A
Proposed Revisions to Chapter 20.62
20.62.050 Nonconforming Uses
A. Expansion. Increase and Intensification of Nonconforming Uses. A use
normally permitted by right or by the approval of a use permit, but which is
nonconforming by virtue of the required conditions of the district in which it is
located, may be expanded, increased or intensified by way of a change in
operational characteristics upon the approval of a use permit.
Exception: The use of a Landmark Building (see Section 20.62.065)
may be changed, expanded, increased or intensified and structural
alterations may be made without obtaining a use permit required by
this Section or the provisions of Section 20.82 subject to compliance
with the provisions of Section 20.62.065.
B. Change of Nonconforming Use. A nonconforming nonresidential use may
be changed to a conforming use provided that the requirements of Chapter
20.63 (Floor Area Ratios and Building Bulk) are satisfied and the change
does not create or increase a deficiency in code required off - street parking.
A nonconforming residential use may be altered to reduce the number of
dwelling units provided there is no increase in gross square footage and the
provisions of Chapter 20.86: Low and Moderate Income Housing Within the
Coastal Zone, are satisfied. A nonconforming use may be changed to a use
of a similar nature provided no intensification or enlargement of
nonconforming uses occurs except as provided in Subsection A above, and
provided that the new use is no less compatible with the surrounding area.
20.62.065 Landmark Buildings
A. Purpose. To preserve historic structures, encourage their adaptive reuse, and
revitalize the older commercial areas in which they are located by granting relief
from restrictions on nonconforming uses and structures in this Chapter while
maintaining the principal use and minimizing impacts on the surrounding area.
B. Applicability. The following types of buildings are recognized as having
importance to the history and architecture of the City of Newport Beach and are
collectively designated as Landmark Buildings:
Landmark Theaters. The term Landmark Theaters• shall mean any
building constructed for use as a cinema or theater that (a) was
constructed on or before December 12, 1950; (b) has a single screen or
stage; and (c) was designed to seat more than 300 people.
2. Landmark Structure. The term Landmark Structure shall mean any
building listed on the National Register of Historic Places, constructed
prior to December 12, 1950.
C. Exemptions. The principal use of a Landmark Building may be modified,
maintained, altered, increased or intensified by way of a change in operational
characteristics without obtaining a use permit required by Section 20.62.050 (A)
or the provisions of Section 20.82, subject to compliance with the conditions of
Subsection (D) and irrespective of whether the principal use has been inactive
for any period of time since inception. An accessory use may be initiated, or
intensified by way of a change in operational characteristics, in a Landmark
Building without obtaining a use permit required by Section 20.62.050 (A) or
Section 20.82 subject to compliance with the conditions of Subsection (D).
Structural alterations may be made to a Landmark Building without obtaining a
use permit pursuant to Section 20.62.040(C) subject to compliance with the
conditions of Subsection (D). For purposes of this Section the term accessory
use shall mean any use that is permitted as a matter of right or pursuant to a
use permit in the zoning district in which the Landmark Building is located. For
purposes of this Section, the term principal use shall mean, in the case of a
Landmark Theatre, the (i) display of motion pictures; and (ii) any similar
entertainment use that occurred on a regular basis within the structure from its
inception to January 1, 2003. In the case of a Landmark Structure, the term
principal use shall be the use that occupied the greatest amount of floor area as
of January 1, 2003.
D. Conditions. The exemptions specified in Subsection C are applicable on the
following conditions.
1. Any new use that is initiated, and any use that is intensified by way of a
change in operational characteristics, is accessory and remains
subordinate to the then current and ongoing principal use of the
Landmark Building.
2. The principal use of the Landmark Building occupies, at all times, no
less than seventy percent (70 %) of the of the gross floor area of the
Landmark Building.
3. A use permit is issued pursuant to the provisions of Chapter 20.89
(Alcoholic Beverage Outlets) prior to the initiation of any accessory use
that involves the sale or consumption of alcoholic beverages.
4. Any permit required by any other titles (other than Title 20) of the
Municipal Code has been issued prior to the initiation or intensification
(by way of a change in operational characteristics) of any accessory use
of the Landmark Building.
5. Any accessory use in any Landmark Theater is conducted between the
hours of 8:00 a.m. and 12:00 a.m.
6. The required off - street parking of all uses after any additions,
intensification, modification or expansion (including credit for reductions
in off - street parking resulting from the elimination of accessory uses
existing on January 1, 2003) is less than the required off - street parking
for the principal and accessory uses prior to any additions,
intensification, modification or expansion.
7. The facade and /or exterior architectural features of the Landmark
Building are not substantially altered or are restored to original condition
and the exterior walls of the Landmark Building remain in substantially
the same location as they existed on January 1, 2003.
20.62.080 Termination of Nonconforming Status
A. A nonconforming structure or use must be modified to conform to the
regulations of the district in which such property is located when one or more
of the following events occur:
1. Unless otherwise provided for in this chapter, a nonconforming use
which remains inactive for 180 consecutive days, shall be deemed
have to ceased, and shall not thereafter be reestablished, except as
provided in Subsection B, below.
2. A nonconforming use is converted to a conforming use.
3. If a nonconforming use or structural nonconformity is enlarged,
extended, expanded or in any other manner changed to increase its
inconsistency with the regulations of the Zoning Code.
4. Expiration of the period of time provided in the resolution establishing
the conditions of abatement and the abatement period.
B. Exceptions.
1. A nonconforming use which has been inactive for 180 days or more may
be reestablished, subject to the approval of the Planning Director upon
finding that
a. The use is normally permitted, either by right or by the approval of
a use permit, and is nonconforming only by virtue of the required
conditions of the district in which it is located; and
b. The property or structure where the nonconforming use was
located contains a substantial investment in the structural design,
equipment, or fixtures that are unique to and necessary for the
operation of the former use; and
C. The property owner has made a good faith effort to reestablish the
use and has maintained the property in a manner to prevent
unsafe or unsightly condition during the period of inactivity.
2. A nonconforming use that has been inactive for 180 days or more may
be reestablished when located within a Landmark Building, pursuant to
the requirements Section 20.62.065.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2003 -4 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day
of April 2003, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg
Noes: None
Absent: None
Abstain: Nichols
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 8th day of April 2003.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2003 -4 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: April 12, 2003.
In witness whereof, I have hereunto subscribed my name this day of
2003.
'eity Clerk
City of Newport Beach, California