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HomeMy WebLinkAboutAM00852 Resolution No. Amendment No._�� 85 CITY PI.AIINI'NG COMISSION NEWPORT BEACH, CALIFORNIA REPORT OF: Planning Comission BY: Planning Department January 20---- 19 60 TO: City Council ON: planning Co ission Amendment No. 85 wrhicb proposes to establish in the zoning regulations a new district which will permit limited commercial and residential PROCEDURE FOLLOWED BY PLANNIM +COMMISSION: Notice of one public hearing was duly published in the Newport Harbor News Press on December 23, 1959. One public hearing was conducted on January 7, 1960. FINDINGS Of PLANNING COMMISSION: Upon request of the property owners in the C-2 District along the south side o; Mariners Nile, the Coumission. has held one public 'nearing and several informal meetings in order to study and propose to the City Council a new district which would permit limited commercial and residential uses. In addition to the new district, a new off street parking factor is baing proposed. If these two additions to the zoning regulations are approved by the City Council, the Mariners Mile property owners on the south side will submit a petition to the Planning Commission to have their property rezoned to the new district which will be called a "C -O -Z" District. RECO NDATIONS OF PLANNING COMISSION,: The Planning Commission recommends to the City Council that this Amendment, which will create a new district and a new off street parking factor.,be approved. RESULTS OF ROLL CALL VOTE: AYES: Clemence, Copelin, Hudson, Lind, Marshall, Rudd, Skinner, Steelman- NOES: teel€sran`NOES: None ABSENT: Ficker NOT VOTING: None By order of the Chairman ,eorge J. Lind I hereby certify that the above is a true Approved by /the City Council on the and correct report of the proceedings and day of F L� 19 action of the Planning Commission, City of Newport Beach. Respectfully submitted secretary Newport Be ch City Planning Commission P. C. Form l City Clerk City of Newport ach, California WWC :Mee 1/21/60 ORDINANCE No. 913 AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADDING SECTIONS 9103.490, 9103.491, 9103.492, 9103.493, 91.03.4942 9103.495, 9104.3, AND 9104.31. TO ARTICLE IX OF THE NEWPORT BEACH MUNICIPAL COBE RELATING -TO ZONING The City Council of the City of Newport Beach does ordain as follows: SECTION 1: Section 9103.490 is added to the Newport Beach Municipal Code to read: "SECTION 9103.490. Limited Commercial _ Multi le Residential or C-0 District. The following regulations shall apply in all Cm0 Districts and sha11 be subject to the provisions of Chapter 5." SECTION 2: Section 9103.491 is added to the Newport Beach Municipal Code to read: "SECTION 910.3.491. Uses Permitted: (a) Multiple dwellings or agart,;ent houses, hotels, motels, professional offices, clubs, ind restaurants. (b) Retail sales, and wholesale sales when combined with retail sales of a similar mature; storage therefor shall be within a building, except for boats. (c) Signs appurtenant to any permitted use." SECTION 3: Section 9103.492 is added to the Newport Beach Municipal Code to read: "SECTION 9103.492. uses permitted, stfoj ect to first securing a Use Permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning; Com- mission are of a similar nature. (b) Signs, :ether than those appurtenant to any per- mitted use." SECTION 4: Section 91.03.493 is added to the Newport Beach Municipal Code to read: "SECTION 9103.493. Building Height Limit: (a) Maximum height of any building a- fifty (50) feet, provided that additional height may be permitted if a Use Permit is first secured in each case.41 E SECTION 5: Section 9103.494 is added to the Newport Beach Municipal Cade to read: "SECTION 9103.494. Building Site Area Required: (a) For each main building minimum two thousand (2,000) square feet. Minimum building site frontage twenty- five (25) feet." SECTION 5: Section 9103.495 is added to the Newport Beach Municipal Code to read: "SECTION 9143.495. Yardo Required: (a) Front yards: None, except where the frontage in a block is partiallyy in an 'Tl'' District, in which case the front yard shall be the same as required in such 'R' District. (b) Side yards: None, except where the side of a lot abuts upon the side of a lot in an 'R1 District, in which case the side yard shall be not less than three (3) feet. (c) tear yard: None, except where the rear of a lot abuts on an `R' District, in which case the rear yard shall be not less than three (3) feet. feet. ' d) Rear yard abutting on alleys: Minimum ten (10) SECTION 7: Section 9104.3 is added to the Newport Beach Municipal Code to read: "SECTION 9104..3. Combini or '-Z' District. The following regulations shall appli' in all 'C' Dis- tricts with which are combined '-48 Districts, in addition to the regulations hereinbefore specified therefor, and shall be subject to the provisions of Chapter 5 of this irticle; provided, however, that if any of the regulations specified in the '-Z' District differ from any of the corresponding re;ulations specified in this Article for any district with *which is combined the '-Z' District, then and in such case the provisions of the '-Z' District shah. govern. " SECTION E: Section 9104.31 is added to the Newport Beach Municipal Code to read: "SECTION 9104.33L. Uses Permitted: 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 of parking lot, provided however as follows: (a) 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 Commis - lion, shall he required in all districts with which the '-Z' District is combined, according to the following formula: 2. (l1 Retail and Wholesale Stores, l parking space for each 350 sq. ft. and 1 loading space for each 10,000 sq. ft. of store floor area. (2) Office Buildings, 1 parking space for each 350 sq. ft. of floor a7 -ea. (3) Bestasrants, 1 parking space for each I seats. (4) Public Assembly, 1 parking space for each 5 seats. (5) Theatres, 1 parking space :dor each 5 seats. (6) Motels, l parking space for each 2 guest rooms. (7) Hospitals, 1 parking space :dor each bed, and in addition 1 parking space for eachh resident doctor and i for each employee. (8) Clinics, i parking apace for each 250 sq. ft. of floor area, plus 1 additional space for each doctor and 1 for each employee. (9) motels, 1 parking space for each guest unit. (10) Apartments, 1 parking space for each unit having not more than l bedroom; otherwise 2 parking spaces per unit. (b) 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 con- nection 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); and (4) The owner or owners and the City upon the ap- proval 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 regu- lations applicable at the time shall apply. Such instruments shall be recorded in the Office of the County Recorder and copies thereof filed with the Building Department and Planning Department. 0 H H (c) The Planning Commission may recommend aLd the City Council may approve, on petition of the property owner, a waiver of or reduction in off-street p;+rking 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 pro- posed use or uses on the building site or sites; or (2) When the building site is subject to two or more uses and the maximum pa= ,ng require- ments for such uses do not occur simultaneously." SECTION 9: This ordinance shall be published once in the Newport Harbor News Press, a newspaper of general, circulation, printed and published in the City of Newport Beach, and the same shall be effective 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 the 3th day of Febrvayy , 1960, and was adopted on the 230, day of Forruary 1960, by the following vote, to wit: AYES, COUNCILMEN:Kingsley, AtRi_nson, =;i.gbie, Stoddard, Hart, Lorenz, Somers ATTEST: NOES, COUNCILMEN: None ABSENT COUNCILMEN: None City MeTT James B. Stoddard yor 4. Pi C 0M, M, stt n a,spec, as stiSm'Ated. rfflv�re coin- , mend: truly your's-,, "'LAN f DRAFT JHR:mec 1/7/60 SECTION 9103.494. Limited Commercial - Multtiigle Resi- dential or C-0 District. The following regulations shall apply in all C-0 Districts and shall be subject to the provisions of Chapter 5. SECTION 9103.491. lilies Permitted: (a) Multiple dwellings or apartment houses, hotels, motels, professional offices, clubs, and restaurants. (b) Retail sales, and wholesale sales when combined with retail sales of a similar nature; storage therefor shall be within a building, except for boats. (c) Signs appurtenant to any permitted use. SECTION 91.03.492. Used permitted, subject to first secur- ing a Use Permit in each case: (a) Light manufacturing, including repair of boats, and other uses which in the opinion of the Planning Commission are of a similar nature. (b) Signs, other than those appurtenant to any permitted use. SECTION 9103.493. Building Height Limit: (a) Maximum height of any building -- fifty (50) feet, provided that additional height may be permitted if a Use Permit is first secured in each case. SECTION 9103.434. Building Site Area Required: (a) For each main building -- minimum two thousand (2,000) square feet. Minimum building site frontage twenty-five (25) feet. SECTION 9103.495. Yards Required: (a) Front yards: None, except where the frontage in a block is partially in an "%" District, in which case the front yard shall be the same as required in such "R" District. (b) Side yards: None, except where the side of a lot abuts upon the side of a lot in an "R" District, in which case the i -I side yard shall be not less than three (3) feet. (c) Rear yard: None, except where the rear of a lot abuts on an "R" District, in which case the rear yard shall be not less than three (:;) feet. (d) Rear yard abutting on alleys: Minimum ten (10) feet. SECTION 9144.3. Combining or "-Z" District_. The following regulations shall apply in all "C" Districts with which are combined "-Z," Districts, in addition to the regula- tions hereinbefore specified therefor, and shall be subject to the provisions of Chapter 5 of this Article; provided, however, that If any of the regulations specified in the "-Z" District differ from any of the corresponding regulations specified in this Article for any district with which is combined the "-Z" District, then and in such case the provisions of the "-Z" District shall govern. SECTION 9144.31. Uses Permitted: All uses permitted in the respective disCricts with which the "-Z" District is combined, subject to approval as to design of building and designs and location of parking lot, provided however as follows - (a) 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 19-Z" District is combined, according to the following formula: (1) Retail and Wholesale Stores, 1 parking space for each 350 sq. ft. and 1 loading space for each 10,000 sq. ft. of store floor area. (2) Office Buildings, 1 parking space for each 350 sq. ft. of floor area. (3) Restaurants, 1 parking space for each 3 seats. (4) Public Assembly, 1 parking space for each 5 seats. 2. (b) The Planning Commission shall aot recommend and the City Council shall not approve off-street parking on a separate lot from the building site or sites unless: (11 Such lot is so located as to be useful in con- nection 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 coon ownership in such lot, and the owner or owners are entitled to the immediate possession and use thereof (ownership of the off-site lot gust be ownership in fee or a leasehold interest of a duration adequate to serve all proposed uses on the building site or sites); and (4) The owner or owners and the City upon the ap- proval of the City Council executa a written instrument or instruments, approved as to fora and content by the City Attorney, providing 3. for the maintenance of the required off-street parking on such lot for the duration of the proposed use or usE oon the building site or sites. Should a change in use or additional use be proposed, the off-street parking regula- tions applicable at the time shall apply. Sucla instruments ahall be recorded in the office of the County Recorder and cosies thereof filed with the Building Department and Planning De- partment. eapartment. (c) 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) 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; or (2) When the building site is subject to two or more uses and the maximum parking requirements for such uses do not occur simultaneously-. 4. 0 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, County of Orange, PEN RED7rCK .......... .. . .................... ....... ................. of the said County, being duly swom'r;, dep and says: THAT ...... _... he is and at all times I mentioned was a citizen of the United Ste over the age of eighteen years, and.that.. he is not a party to, nor interested in Ae"ab0`V'e entitled matter-, that he is the * ............... ................ ....... ­­ ...... . . ... .............. .... ... .. . . ................. .................. printer of the Nlewporf.:-Harbor , News Press, a newspaper of general circula#io L n, printed and published in the City of.Newporf Beach, County of Orange, and which how'spaper, has been adjudged a newspaper of general car" culafion by the Superior "Ictirt of the couniy:: of Orange, State of California, under date of October 22, 1954, Case Number A `24831: that the notice, of which the annexed "is a printed copy, has been published in each regular and entire issue of said newspaper andno in anyn supplement thereof on the foli'owing clat es'l to -wit: ........ . .. all in the year 19_2 .......... ke . ............. . .. . ..... *Printer Foreman of the Printer or PrincipAl Clerk of the Pr;nfer Subscribed and Sworn to before me this ................ F. (SEAL) Nofary'�'Arjc. in and for said County and State. lily Commission Expires ... .......... . .....