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HomeMy WebLinkAbout93-82 - Mariners Mile Specific Area PlanRESOLUTION NO. 93 -82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXPRESSING ITS INTENTION TO INITIATE AMENDMENTS TO THE MARINERS MILE SPECIFIC AREA PLAN PERTAINING HEIGHT AND PARKING RESTRICTIONS. • WHEREAS, property on the north side of Pacific Highway in Mariners Mile is subject to minimum setback of 17 to 22 feet to be consistent with the provisions of the Circulation Element of the City of Newport Beach; and WHEREAS, in recognition of the significant setbacks along the north side of Pacific Coast Highway in Mariners Mile, the Newport Beach City Council, on November 8, 1993, introduced Amendments to the Mariners Mile Specific Area Plan that would include setbacks within the calculation of buildable area; and WHEREAS, certain property owners have expressed a concern about their ability to utilize the additional floor permitted by these amendments due to concerns relating to site access, size and configuration; and WHEREAS, the City Council intends to initiate Amendments to the Mariners Mile Specific Area Plan to facilitate construction of the additional floor area permitted by including setbacks within the calculation of buildable area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach the following: 1. The City Council hereby initiates the following Amendments to the Mariners Mile Specific Area Plan, with the Amendments shown by the stricken /underlined text in accordance with the proposed Amendments: 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, however, off street parking for all floor area /building bulk of any structure that exceeds .5 times the buildable area of the site exclusive of all setbacks may be waived by the Planning Commission, or City Council on appeal, upon a finding there will be no adverse impact on parking in the area and the provision of the additional parking on site would create a hardship. 3. LANDSCAPING. A minimum of ten percent (10x) 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. 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 -2- 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. • 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. 20.62.050 Retail and Service Commercial- RSC District (Inland side of Coast Highway). It is the intent of this designation to encourage the continuation of "marine- oriented" uses and 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 minimize the number of curb cuts on Coast Highway. A. USES PERMITTED. 1. Retial sales, specialty food uses in accordance with Chapter 20.72, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, art studios, interior decorating studios, photographic studios, barbers, beauty parlors, copy service, handicraft establishments, 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 in accordance with Chapter 20.06. B. USES REQUIRING USE PERMIT. The following uses shall be permitted upon the granting of a use permit by the Planning Commission: =I= I . 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, commercial recreation, hotels and motels, used car sales lots, nail salons, wedding chapels, health club /aerobics studios, dance studios, music /art schools, private instructional facilities, arcades, day care facilities, social /service clubs, churches, museums, marine related museums, federal post offices 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. SETBACK REQUIREMENTS. 1. A 12 foot wide setback along the northerly side of Coast Highway shall be maintained for potential future 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 then 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 or rear 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, architectural features and signs. D. HEIGHT LIMIT. The maximum height limit for all buildings and other structures on a building site shall be 26 feet. However, -4- • 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 increased building height would result in more public visual open space and views than would result from compliance with the basic height limit and that the increased building height is necessary to construct the additional floor area authorized by Section 20.62.030(B)(5). 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. 2. The Planning Commission is hereby directed to hold at least one public hearing on the proposed Amendments and thereafter file a report of its findings and recommendations with the City Council. ADOPTED, this 22nd day of • . ----- November , 1993. MAYOR