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HomeMy WebLinkAbout1906 - RECOMMEND APPROVAL OF GPA , CLUP AMENDMENT AND CA FOR THE CITY HALL REUSE_3300 NEWPORT BLVDRESOLUTION NO. 1906 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012 -002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -001, AND ZONING CODE AMENDMENT NO. CA2012 -003 FOR THE CITY HALL REUSE PROJECT AFFECTING A 4.26 ACRE PROPERTY AT 3300 NEWPORT BOULEVARD AND 475 32nd STREET (PA2012 -031) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: 1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to a 4.26 acre property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street, legally described in Exhibit A. The amendments are generally described as follows: a) General Plan Amendment No. GP2012 -002 includes a text and a land use map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU -H5) and establish density and intensity limits within Table LU -2 of the Land Use Element. b) Coastal Land Use Plan Amendment No. LC2012 -001 includes a text and map change to replace the existing Public Facilities (PF) designation for the site with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish a policy basis for higher height limits. c) Zoning Code Amendment No. CA2012 -003 includes a text and map change to replace the existing Public. Facilities (PF) zoning designation for the site with a new zone MU -LV (Mixed- Use -Lido Village) and establish density and intensity limits consistent with the proposed General Plan amendment (Anomaly #80). Development standards and allowed uses would also be established. 2. A public hearing was held on January 17, 2013, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC "). The draft Initial Study /Mitigated Negative Declaration, Comments and Responses to Comments, Mitigation Monitoring and Reporting Program, staff report, and evidence, both written and oral were presented to and considered by the Planning Commission at the scheduled hearing. Planning Commission Resolution No. 1906 Page 2 of 17 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION An Initial Study /Mitigated Negative Declaration (MND) has been prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. The Planning Commission found that the analysis prepared is appropriate and recommends its adoption. The Planning Commission's findings and recommendation are provided in Planning Commission Resolution No. 1905 incorporated herein by reference. SECTION 3. FINDINGS 1. The site is located in an urban mixed -use area in proximity to commercial services, recreational uses, and transit opportunities. The proposed General Plan Amendment provides for variety of land uses for the site that will allow the City to consider various alternative uses to ensure neighborhood compatibility. 2. Pursuant to Charter Section 423 and Council Policy A -18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required if a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds. This is the third General Plan Amendment that affects Statistical Area B5 since the General Plan update in 2006. The amendment would result in a 99 units being added to the Statistical Area and when this is added to 80% of the increase in units of the two prior amendments, the total does not exceed 100 units. The amendment would result in a net increase of 24,675 square feet and when this is added to 80% of the increase in floor area of the two prior amendments, the total does not exceed 40,000 square feet. The amendment is projected to decrease AM and PM traffic trips. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required. 3. The proposed amendments do not conflict with policies of the Coastal Land Use Plan and Coastal Act. Specifically, the project is consistent with Section 30213 and 30222 providing opportunities for visitors and recreational facilities by accommodating future development of the site with a hotel and through the reservation of at least 20% of the site for public open space planned to be developed with urban public plazas and promenades allowing public access and low -cost recreational activities. The intended purpose of the public plazas and promenades is to facilitate public access connecting various nearby visitor - serving commercial areas with the beach and bay as described in the Lido Village Design Guidelines in furtherance of Chapter 3 of the Coastal Act that seeks to enhance public access within the coastal zone. 4. The proposed CLUP Amendment provides protection of important coastal views and future development consistent with the proposed amendments would not significantly impact protected coastal views due to the location of the site. Future development consistent with the proposed amendments will result in taller buildings that would not be incompatible with the area due to the presence of several other tall developments in the area namely a 5 -story building located at 3388 Via Lido, a 3 -story building located at 3366 Via Lido, several 3 -story buildings located in Lido Marina Village, and Planning Commission Resolution No. 1906 Page 3 of 17 two multi -story high rise residential towers located nearby at 601 and 611 Lafayette Avenue. 5. The proposed zoning Code Amendment provides appropriate use and development standards while ensuring compatibility of future development proposals through a future public hearing process. 6. The Local Coastal Program and its amendments shall be carried out fully in conformity with the Coastal Act and the City's Certified Coastal Land Use Plan. 7. City of Newport Beach approval of Local Coastal Land Use Plan Amendments (Amendment) shall become effective immediately upon the effective date of the California Coastal Commission (CCC) certification of the Amendment provided it is approved without suggested modifications. Should the CCC approve an Amendment with suggested modifications, City approval of the Amendment shall require a separate action by the City Council following Coastal Commission approval. In this case, the Amendment would become effective upon the effective date of the CCC certification of the modified Amendment. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the following applications: 1. General Plan Amendment No. GP2012 -002 as provided in Exhibit B; 2. Coastal Land Use Plan Amendment No. LC2012 -001 as provided in Exhibit C; and 3. Zoning Code Amendment No. CA2012 -003 as provided in Exhibit D. PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY, 2013. AYES: Ameri, Brown, Hillgren, Myers, Toerge, Tucker NOES: ABSTAIN: ABSENT: Kramer BY: Mioba oerge, Ch ' an red Am , Secretary Planning Commission Resolution No. 1906 Page 4 of 17 I *3711.]1/_1 City Hall Reuse Project Amendments GP2012 -002, LC2012 -001, and CA2012 -003 (PA2012 -031) 3300 Newport Boulevard & 475 32nd Street LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE. CITY OF NEWPORT BEACH. AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3,6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS Planning Commission Resolution No. 1906 Page 5 of 17 SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. Planning Commission Resolution No. 1906 Page 6 of 17 EXHIBIT B City Hall Reuse Project Amendments GP2012- 002(PA2012 -031) 3300 Newport Boulevard & 475 32 "d Street A. Amend Table LU1 of the Land Use Element of the General Plan to add the following land use category: "Mixed Use Horizontal 5 (MU -1-15) The MU -H5 designation applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32 "d Street. The MU -1-15 designation provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and /or civic uses. Civic uses may include, but are not limited to, a community center, public plazas, a fire station and /or public parking." B. Amend Table LU -2 to add Anomaly Location #80 as shown in the following table: All existing provisions within Table LU -2 remain unchanged Table UJ2 Anomaly Locations Anomaly Statistical Land Use Development Limits Development Limit Additional Information Number Area Designation Other Accessory commercial Any combination of floor area is allowed in 99 dwelling units and dwelling units and conjunction with a hotel 15,000 sf commercial hotel rooms and it is included within 80 135 MU -1-15 Or provided it does not exceed 99 dwelling the hotel development limit. Municipal facilities 99,625 sf of hotel units or 99,675 sf of are not restricted or hotel use. included in any development limit. All existing provisions within Table LU -2 remain unchanged Planning Commission Resolution No. 1906 Page 7 of 17 C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard 81 475 32nd Street only as depicted in the following diagram: 507 -5111 J011 -510 JQ -Sob `tis s JOB v O6 3411 RT -D 3405 501, 11 500 410 ��N1 h 1 4Vf 1/2 gyp°/ 106 1!2 3345 406 f/1 3341 3331 -404 3333 401_ 1 3315 100 1/1 ` 3315 400 3305 CC -A /o RT -E t $m CN O C O O I 'A VIA MALAGA z 12HOST 2 1116 °e �•'r a iT m e ti er o MU � 1111 -H 1110 1 a �I 3_ CV -A �� el I � I r♦ l V se n y All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #80 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Hall" shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Half' on any General Plan map or diagram is also authorized. Planning Commission Resolution No. 1906 Page 8 of 17 EXHIBIT C City Hall Reuse Project Amendments LC2012- 001(PA2012 -031) 3300 Newport Boulevard & 475 32 "d Street A. Amend the Table 2.1.1 -1 of the Coastal Land Use Plan add the following land use category: Table 2.1.1-1 Land Use Plan Categories Land Use Category Uses Density /Intensity 99 dwelling units and 15,000sf commercial The MU category is intended to Or provide for the development o mix of uses, which may include general. 99,625sfof hate l Mixed Use — MU neighborhood or visitor- seivin Or commerciol, commercial offices, Any combination of dwelling units visitor accommodations, multi- and hotel roams orovided it does not family residential, mixed -use exceed 99 dwelling units or 99,675 sf development, and /Or civic uses. of hotel use. Municipal facilities ore not restricted or included in any development limit. All existing provisions within Table 2.1.1 -1 remain unchanged. Planning Commission Resolution No. 1906 Page 9 of 17 B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5 -1, as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: _ JS31 107 134Z1 -510 so -508 Joy ' c -106 3411 RT -D 3405 g -50-` U 100 FINI. V, A,F gft 06112 3345 1061/2 3341 3337 - 404 3333 402 3325 3315 400 112 400 3305 CC -A � o J ^ RT -E `bs C N 0 0 0 a vJ VIA MALAGA 32ND sr J m 3116 a 3112 3110 - o Cv -A Y S S SSvN> I ,CIS S ti ti o N A IA fl All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Half' shall be removed from the General Plan upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. Planning Commission Resolution No. 1906 Page 10 of 17 C. Amend Policy 4.4.2 -1 as follows with deleted language in strikeeut and new language underlined': 4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4 -3, except for the following sitesites. A. Marina Park located at 1600 West Balboa Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but could house screened communications or emergency equipment. The additional height would create an iconic landmark for the public to identify the site from land and water and a visual focal point to enhance public views from surrounding vantages. B. Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall Comex): Buildings and structures up to 55 feet in height, provided it is demonstrated that development does not negatively impact public views. Peaks of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet. The purpose of allowing buildings, structures and architectural elements to exceed 35 feet is to promote vertical clustering resulting in increased publically accessible on -site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. Note that the policy language related to Marina Park has been adopted by the City Council but has not been approved by the California Coastal Commission as of the date of this exhibit. Planning Commission Resolution No. 1906 Page 11 of 17 EXHIBIT D City Hall Reuse Project Amendment CA2012- 003(PA2012 -031) 3300 Newport Boulevard & 475 32nd Street A. Amend Section 20.14.020 (Zoning Districts Established) to establish the "MU -LV" within Table 1 -1 as follows: Mixed -Use Zoning Districts MU -V Mixed -Use Vertical MU -V Mixed -Use Vertical MU -MM MU -DW Mixed -Use MU -H Mixed -Use MU -CV /15th Street M U -LV M U -W 1 Mixed -Use Water MU -W Mixed -Use Water - Related MU -W2 All existing provisions of Section 20.14.020 and Table 1 -1 remain unchanged. B. Amend Section 20.22.010 (Purposes of Mixed -Use Zoning Districts) to add the following subsection: "G. The MU -LV (Mixed- Use -Lido Village) zoning district. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The MU -LV designation provides for the horizontal or vertical intermixing of commercial, visitor accommodations, residential, and /or civic uses. Civic uses may include a community center, public plazas, fire station and /or public parking." All existing provisions of Section 20.20.010 remain unchanged. Planning Commission Resolution No. 1906 Page 12 of 17 C. Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: �• 3531 512 ` 341j /• . 307 - 310 � J421 y 3I15 \ `ro -508 _34ti5 JoJ x'_506 3411 m Say o CG 0.51F R »11 1 _c - 502 i , 5 300 0 2.y1 FY AV!- s X1012 -04 � A9I /j 3345 ° 405 1 3341 o r� ? 3337 ° —404_ 3333 0 402_ 3325 RM 2178 SA I DU 400 112 3315 400 3305 3300 CC 0.5 FAR Y VIA 14AUaA CG 0.75 FAR "'0 _ S PI 0.75 FAR 475 / � n R -2 17NO sr S o � tiD r r w p m ° 3116 11 I I. IYI q; MU-CV/15TH T — ° CV 0.5 FAR SI S I I I �� CN 0.3 FAR N Aw i u VI �I I I NI � +� y 3F If i All related zoning maps or diagrams shall be amended to maintain consistency with the new zoning district as shown above. Additionally, any maps or diagrams within Zoning Code that label the site as "City Half' shall be removed from the Zoning Map upon relocation of City Hall operations from the site to the new City Hall site located at 100 Civic Center Drive. Labeling the new City Hall site as "City Half' on any Zoning Map or diagram is also authorized. Planning Commission Resolution No. 1906 Page 13 of 17 D. Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) to add allowed uses and permit requirements for the new MU- LV zoning district within Table 2 -9 as follows: TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.62.020) MUP Minor Use Permit (Section 20.62.020) LTP Limited Tenn Permit (Section 20.62.040) — Not allowed' Land Use MU -W1 (6)(6) MU W2 FIMIU {y Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing. Warehousing Uses Handicraft Industry P P P Industry, Manne- Related P P I — Research and Development P P — Recreation, Education, and Public Assembly Uses Assembly /Meeting Facilities Small -5,000 sq fl or less (religious assembly may be larger than 5,000 so ft. CUP CUP MUP Commercial Recreation and Entertainment CUP CUP P Cultural Institutions P P — Parks and Recreational Facilities CUP CUP P Schools. Public and Private CUP CUP — Residential Uses Single -Unit Dwellings Located on 1 at floor Located above tsl floor P(1) P(2) — Section 2048.130 Multi -Unit Dwellings Located on l at floor — — P Located above 1st floor P (i) P (2) P Section 20.48.130 Two-Unit Dwellings Located on list floor — — — Locatedabovelstfloor P(1) P(2) — Home Occupations P P (2) P Section 20.48.110 Care Uses Adult Day Care Small (6 or fewer) P P P Child Day Care Small (8 or fewer) P P P Section 20.48 070 Day Care, General — MUP — Section 20.48 070 Planning Commission Resolution No. 1906 Page 14 of 17 TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.62.020) MUP Minor Use Permit (Section 20.62.020) LTP Limited Tenn Permit (Section 20.62.040) — Not allowed' Land Use Muml (5)(6) MU -W2 MU LV Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Retail Trade Uses Alcohol Sales (off-sale) MUP MUP MUP Section 20.48.030 Alcohol Sales (oft- sale), Accessory Only P P P Marine Rentals and Sales Boat Rentals and Sales P P P Marine Retail Sales P P P Retail Sales P P P Visitor - Serving Retail P P P Service Uses — Business, Financial, Medical, and Professional ATMs P P P Emergency Health Facildies/Urgent Care — P — FinanciallnstitutionsandRelatedServic es(above l st floor only) P P P Financial Institutions and Related Services( /stfloor) — — P Offices— Business P F P Offices — Medical and Dental (above istfloor only) — P Offices—Profession P F — Service Uses — General Animal Retail Sales MUP MUP — Section 20.48.050 Artists' Studios P F P Eating and Drinking Establishments Accessory Food Service (open to public) P P P Section 20.48.090 Fast Food (no late hours) (3)(4) P/MUP P/MUP PIMUP Section 20.48.090 Fast Food (with late hours) (3) MUP MUP MUP Section 20.48.090 Food Service (no alcohol, no late hours) (3X4) P /MUP P/MUP P /MUP Section 20 48.090 Food Service (no late hours) (3) MUP MUP MUP Section 20.48.090 Food Service (with late hours) (3) CUP CUP CUP Section 20.48.090 Take -Out Service— Limited (3) (4) P/MUP P /MUP P /MUP Section 20.48.090 Health /Fitness Facilities Small -2,000 aq, ft. or less P P P Maintenance and Repair Services P P P Marine Services Boat Storage CUP CUP -- Boat Yards CUP CUP — Entertainment and Excursion Services P P 7: Marine Service Stations CUP CUP - WaterTransportationServlces P P — Personal Services Massage Establishments MUP MUP %,L ;P Chapter 5.50 Section 2D 48.120 Massage Services, Accessory MUP MUP Section 20148.120 Nail Salons P P P Personal Services. General P P P Personal Services, Restricted MUP MUP - Smoking Lounges — — Planning Commission Resolution No. 1906 Page 15 of 17 TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.62.020) MUP Minor Use Permit (Section 20.62.020) LTP Limited Term Permit (Section 20.62.040) — Not allowed' Land Use MU -Wt (5)(6) MU -W2 MU {V Specific Use Regulations See Part 7 of this Utle for land use definitions. See Chapter 20.12 for unlisted uses. Visitor Accommodations Hotels, Motels, Bed and Breakfast Inns, and Time Shares CUP CUP CUP Transportation, Communications. and Infrastructure Parking Facilities MUP MUP MUP Communication Facilities P P P Heliports and Helistops(7) CUP CUP — Mannas TNe 17 Marina Support Facilities MUP MUP — Ublibes, Minor P P P Utilities, Major CUP CUP CUP Wireless Telecommunication Facilities Chapter 15.70 Other Uses Accessory Structures and Uses MUP MUP MUP Outdoor Storage and Display MUP MUP MUP I Section 20.48.140 Personal Property Sales P P P Section 2048. 1 bU Special Events Chapter 11.03 Temporary Uses LTP LTP I LTP I Section 20.52.040 Uses Not Listed Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) May only be located on lots with a minimum of two hundred (200) lineal feet of frontage on Coast Highway. Refer to Section 20.49.130 (Mixed Use Projects) for additional development standards. (2) May only W located above a commercial use antl not a parking use Refer lo Section 20 49.130 (MUedllse Projects) for additional development standards (3) Late Hours . Facilities with late hoes shall mean tactics that offer service and are open to the public past 1100 p.m any day of the weak. (4) Pefmtlte l or Mmor Use Permit Required. a A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district b. A minor use permit shall be required for any use that maintains late hours (5) Approval of a minor site development review, in compliance with Section 20.52 080, shall be required prior to any development to ensure fret the uses are fully integrated and that potential impacts from their differing activities are fully mitigated. (6) A minimum of fifty (50) Percent of the square footage life mixed.uu development shall be usad for omrasidential uses. (7) Applicants for City approval of a heliport or helislop shall provide evidence that the proposed heliport or helistop complies fully with State of California permit procedures and with any and all conditions of approval imposed by the Federal Aviation Adm inistfation (FAA), the Akpon Land Use Commission for Orange County (ALUC). and by the Canners Division of Aeronautics. All existing provisions of Section 20.20.020 remain unchanged. Planning Commission Resolution No. 1906 Page 16 of 17 E. Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the new MU -LV zoning district within Table 2 -11 as follows: TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Development Feature MU -W1(3) 1 MU -W2 1111U1V Additional Requirements Let Dimensions (1)(2) Minimum dimensions required for each newly created lot. Lot Area Mixed -use structures 20,000 sq. R. 2,500 sq. R. 20,000 sq. R. Non-rnixeduse structures 10,000 sq. R. 2.500 sq. R. 10.000 sq R Lot Width Mixed -use structures 200 R. 25 R. 200 R. Non- mtxed-use structures 50 R. 25 R. 50 R Density (4) Minimum /maximum allowable density range for residential uses. Lot area required per unit Minimum 7,260 sq. R. per unit Minimum. 1.631 Maximum: 2.167 WA Floor Area Ratio (FAR) (5) N/A Mixed -use development Min. 0.35 and Max. 0.5 for Min. 0.35 and Max. 0.5 for 99 dwelling units and 15,000 of nonresidential uses. nonresidential. earnmemial (6) Max. 0.5 for residential uses. (3) Max. 0.75 for residential uses. Max_ 1 0 for mixed -use projects Lido Manna Village Min. 0.35 Max. 0.7 for nonresidential add 0.6 residential. Nonresidential only 0.5 commercial only (3) 10.5 commercial only 199,625 sit of hotel (6) Setbacks The distances below are minimum setbacks required lick-primary structures. See Section 20 30 110 (Setback Regulations and Exceptions) forselback measurement, allowed projections bmto setbacks, and exceptions Front 0 0 NawPort Roukbmd. 0 R. fm below grade structures 20 R. for structures up to 26 feet in height 35 ft for structures over 26 feet in he' ht Sae 0 0 32nd Street: 0 R. for below grade structures 0 R. fur structures up to 26 Met in height 10 R. lor structures over 26 Met in height 4derior 0 R. for below grade structures 5 R for above grade structures Side adjoining a residential 5 rt. 5 R. 5 R district Rear 0 0 5 R Rear residential portion of N/A 5 R. 5 R mixed use Rear nonresidential adjoining a N/A 5 R. 5 R. residential dleldcl. Rear adjoining an allay N/A 10 R. 10 R Bulkhead setback 101 loft. 104 Planning Commission Resolution No. 1906 Page 17 of 17 TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Open Space WA I WA 20% of properly Common open apace Minimum 75 square ffle00wellirg unit. (The minimum Gmension (IenglM1 aM width) 6hell be 15 feel.l Pdvda open space 5% or the gross floor area for each derailing unit. (The m mmum dimension (length and width) shall Da R Wet. ) Minimum distance between detached Structures an same Id. Separation Distance 10 ft 10fl. 02. Height Maximum allowable height Of effacement widgul O=Miomay approval See Section 20.30 W0 (Height Limits erb Exceptions) W height measurement requirements Sea Section 20.30. C) (MCfease in Height Limit) for possible immune In bight limit 28 If win flat root. Was that W12 maf pitch 31 R. with Sloped roof, $112 m e pitch or greater Wt. SON flat mcf, less than 3112 roof pitch n) W R. "h sloped roof. W12 rod char greater 7) Fencing See Section 20.30 .010 (Fences, Hedges. Wells, and Retaining Walls) Landscaping Son Chapter 20. W(Landscaping Standards). Lighting See Section M,M 070 (Welder Lighting) Outdoor Steregencha lay See Section 20.48.140 (Outdoor Storage. Display, and Actimlies). Faking See Chapter 20.0 (ORStreel parking). Satellite Antennas See Section 20.43190 (Samilde Anlemnas and Amateur RarLO Facilities), Signs See Chapter M.42 (Sign Standards). Nobs: (1) Al development and Me subdMSion of land shall complywNh Me requirements of Mae 19(SubdMSlons). (2) The abndade for minimum lot area and letwidM are intended to regulate albs for development purposes only and am not intended te establish minimum dimensions for Me creation of ownership a leasehold (e.g -, mndominlum) purposes. (3) Aminimum of fifty (W) percent of Me square footage In a mileduse deveelopmenl shall be used her nonresidential uses. (4) For Me purpose of debrmining Me allowable number of Volts, poNms of legal lots Mat are submerged lands or Ydelands Shall be Included Inland area of Me sib. (5) persons of legal lots Mat are submerged lands or tidelands shall be included In Me net area of Me lot for Me purpose of calculating Me allowable flow area of a Scores. (8) Am/cpmbWetlm ofdwallrg units; and hotel roams preeded itdoes not meed 9g dwelling units w99.675 sf of hotel use. Shomer al facilities are not resWCbd by or homed In anydatelopmenl limit 17, Mdlibc %Mu ssu asdomes. towem, wmlae .spims.anusimilarseucWmsmayec 55betbytOb L All existing provisions of Section 20.20.030 remain unchanged.