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HomeMy WebLinkAbout90-3 - Amending the Mariner's Mile Specific Area Plan (SP-5), Revising the Permitted Land Uses in the Recreational and Marine Commercial Areas Consistent with the Newport Beach General Plan and the Local. Coastal Program, Land Use Plan. Other Amendments IORDINANCE NO. 90 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE MARINER'S MILE SPECIFIC AREA PLAN (SP -5), REVISING THE PERMITTED LAND USES IN THE RECREATIONAL AND MARINE COMMERCIAL AREAS CONSISTENT WITH THE NEWPORT BEACH GENERAL PLAN AND THE LOCAL . COASTAL PROGRAM, LAND USE PLAN. OTHER AMENDMENTS INCLUDE CHANGES TO THE DEVELOPMENT STANDARDS TO ELIMINATE THE CONCEPT OF INCREASED FLOOR AREA IN ASSOCIATION WITH CERTAIN INCENTIVE USES AND OTHER MINOR CHANGES IN THE DEVELOPMENT STANDARDS (Planning Commission Amendment No. 697). WHEREAS the City of Newport Beach has completed major revisions to the Land Use and Circulation Elements of the General Plan and the Local Coastal Program, Land Use Plan, and WHEREAS the California Coastal Commission has certified said revisions to the Local Coastal Program, Land Use Plan, and WHEREAS this amendment to the Mariner's Mile Specific Plan implements the new General Plan and Local Coastal Program provisions related to Mariner's Mile; and WHEREAS, at its meeting of August 10, 1989, the Planning Commission initiated Zoning Amendments in order to implement the provisions of the General Plan; and •WHEREAS, on January 18, 1990, the Planning Commission of the City of Newport Beach held a public hearing regarding this Ordinance and voted to recommend that the City Council approve this Ordinance; and WHEREAS, on February 12, 1990, the City Council of the City of Newport Beach introduced, and on February 26, 1990 held a duly noticed public hearing regarding this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 20.62 of the Newport Beach Municipal Code is hereby amended to read as follows: 20.62.020 20.62.030 20.62.040 20.62.050 20.62.060 20.62.070 Chapter 20.62 SPECIFIC PLAN DISTRICT (MARINERS' MILE) Establishment of Specific Plan. Intent and Purpose. General Controls. Recreational and Marine Commercial. Retail and Service Commercial. Site Plan Review. Definitions. 20.62.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT - MARINERS' MILE. The provisions of this Chapter shall apply to all parcels within the Sections: 0 2 20.62.010 Chapter 20.62 SPECIFIC PLAN DISTRICT (MARINERS' MILE) Establishment of Specific Plan. Intent and Purpose. General Controls. Recreational and Marine Commercial. Retail and Service Commercial. Site Plan Review. Definitions. 20.62.010 ESTABLISHMENT OF SPECIFIC PLAN DISTRICT - MARINERS' MILE. The provisions of this Chapter shall apply to all parcels within the following described real property in the City of Newport Beach, County of Orange, State of California, to wit: Beginning at the intersection of the centerlines of Coast Highway and North Newport Boulevard; thence northerly along the centerline of Newport Boulevard to centerline of Santa Ana Avenue; thence northeasterly along the centerline of Santa Ana Avenue to the centerline of Avon Street; thence easterly along the centerline of Avon Street to the southerly prolongation of the westerly line of the parcels created from Lot D Tract 919 by record of survey recorded in Book 24, Page 6 of record of surveys; thence northerly, easterly, northeasterly and southeasterly along said prolongation and the boundaries of said parcels to the northwesterly prolongation of the northeasterly line of Lot 40 Tract 1133; thence southeasterly along the prolongation and the northeasterly line of Lot 40 Tract 1133; thence southwesterly along the southeasterly boundary of Lots 40 and 41 to the most westerly corner of Lot 48 Tract 1133; thence southeasterly along the southwesterly line of Lot 48 Tract 1133 and its easterly prolongation to the centerline of Ocean View Avenue; thence southerly along the centerline of Ocean View Avenue to the westerly prolongation of the northeasterly line of Lot 20 Tract 1133; thence easterly along said northeasterly line of Lot 20 to the northwesterly line of Parcel A, record of survey recorded in Book 10 Page 27 of record of survey; thence northeasterly along said westerly line to the most westerly corner of that certain parcel of land as described in the deed recorded in Book 11293 Page 786 of official records; thence easterly along the southwesterly line of said parcel to the most southerly corner of said parcel; thence northeasterly to a line parallel with and 190 feet, measured at right angles from the center line of Cliff Drive; thence southeasterly along said parallel line and its easterly prolongation to the northwesterly boundary line of Tract No. 1221; thence southwesterly along said boundary and its prolongation to an intersection with the U.S. pierhead line; thence westerly along said pierhead to U.S. Bulkhead Station 128A; thence westerly to U.S. Bulkhead Station 128; thence westerly to U.S. Bulkhead Station 227; thence northerly to the point of beginning, as shown on Districting Map No. 4 referred to in Section 20.06.030 of the Newport Beach Municipal Code, and by such reference made a part of Title 20 of said Code, is hereby rezoned from the C -2, C -O -Z, C -1 -H, C -2 -H, •and R -1 Districts to SP 5 - Specific Plan District, and said Districting Map No. 4 is hereby amended to show this zoning change. (Ord. 1718 § 1 (part), 1977). 20.62.020 INTENT AND PURPOSE. The intent of this ordinance is to establish a Specific Plan District to guide the orderly development and improvement of that area of the City of Newport Beach which is located east of Newport Boulevard, west of the county owned property used as a Sea Scout Base, north of Lower Newport Bay, and generally south of the base of the bluffs northerly of Coast Highway. It is the purpose of this ordinance to implement the goals and policies of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan and establish consistency between these documents and the zoning ordinance in the Mariners' Mile area. Specifically, these planning documents contain provisions which indicate the desire on the part of the City to encourage marine service businesses, visitor- serving facilities, local service retail, encourage a pedestrian orientation of the area, provide public physical and visual access to the bay, preserve and enhance the character of scenic highways and drives and city view parks in the area, and provide safe and convenient vehicular circulation and access to businesses. The development standards contained in this Specific Area Plan are intended to implement these objectives by providing a system whereby certain land uses are encouraged through an incentive system, and competing objectives can be balanced based upon the overall goals of the community. Therefore, specific land use, intensity and design criteria are set forth in the review framework of the site plan review, use permit • and variance processes, where the Planning Commission will exercise its discretion on a project -by- project basis to result in development which provides for the overall community needs as set forth herein. The permitted land uses and accompanying design guidelines and development standards provide for the orderly and equitable development of property within the Mariners' Mile area. Areas on the bayward side of Coast Highway are designated "Recreational and Marine Commercial." It is the intent of this designation to encourage a continuation of marine - oriented and visitor- serving uses, maintain the marine theme and character of the 2 I area, and encourage public physical and visual access to the bay. The marine - oriented and coastal- dependent uses on the bayfront are encouraged by establishing a system of incentives to property owners to maintain these uses. The area inland of Coast Highway is designated for "Retail and Service Commercial" use. This area is intended to serve as an active pedestrian- oriented retail area with a wide range of visitor - serving, neighborhood commercial and marine - related uses permitted. (Ord. 1718 § 1 (part), 1977). 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. 3. LANDSCAPING. A minimum of ten percent (10 %) 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 develop- ment as set forth in Section 20.62.060 of this Chapter shall be required. 3 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 total square footage of the site, as set forth in Section 20.82.020(D). • 6. TRANSFER OF DEVELOPMENT INTENSITY. The Planning Commis- sion, by use permit, may provide for the transfer of development intensity from any one or more parcels to any other parcel or parcels, provided that suitable legally binding agreements shall be established so as to assure that the total building floor area permitted on said parcels shall not exceed the floor area which would otherwise be permitted by this chapter, and further provided the building floor area on any one buildable site to which development intensity has been transferred shall in no event exceed one times the buildable area of the site. 3 7. 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. (Ord. 1718 § 1 (part), 1977). 20.62.040 RECREATIONAL AND MARINE COMMERCIAL - RMC DISTRICT ( Bayward side of Coast Highway). It is the intent of this designation to establish a priority system to guide development on building sites on the bay by encouraging a continuation of marine oriented and visitor- serving uses, maintaining the marine theme and character of the area, and encourage public physical and visual access to the bay. A. PERMITTED USES. 1. Incentive Uses: Highest priority uses such as marinas, yacht brokers, boat charters and rentals, marine construction, boat sales, boat repair and servicing, sports fishing establishments, dry-boat storage, boat launching, commercial fishing facilities, and retail marine sales, that when they occupy at least forty percent (40 %) of a site, as defined herein, may be combined with uses under B.3. 2. Non - incentive Permitted Uses: Marine related offices where services are offered to the general public, such as marine surveyors and marine insurance brokers; retail uses. 3. Signs in accordance with Chapter 20.06. B. USES WHICH REQUIRE A USE PERMIT. 1. Incentive Uses: Highest priority uses such as marine related manufacturing, new boat construction, yacht clubs, marine service stations and gas docks, that when they occupy at least 40 % of a site, as defined herein, may be • combined with uses under B.3. 2. Non - incentive uses such as social clubs, commercial recreation, hotels, motels, and 'bed and breakfasts', restaurants (outdoor, drive -in and take -out), and bakeries. 3. Uses which must be in conjunction with an Incentive Use occupying at least 40% of the site such as personal service commercial uses, professional and business offices, financial institutions and light manufacturing (unless for marine products). C. SITE AREA. For purposes of determining compliance with this Section (developments with uses listed in B.3 above), "site" shall be defined as the total land area within the established property line of a parcel, including any portion under water. Forty percent (40 %) of this total area shall be devoted to an incentive use as defined herein. For any permitted use bayward of the bulkhead, such as boat slips or marine gas docks, any land used for required parking for such use shall be included in the calculation of incentive uses to determine compliance with this Section. Any land area devoted to coastal related or coastal dependent uses such as marine ways, boat yard work areas and boat display areas in conjunction with a yacht sales business shall be included in the calculation of incentive uses to determine compliance with this Section. • Any land area devoted to support a use in the water as described above shall also be included in the calculation to determine the total amount of development permitted on the site as set forth in Section 20.62.030 F. D. MIXED -USE DEVELOPMENTS. Where a mixed -use development (including uses listed in B.3 above) is proposed with any combination of uses permitted in Sections A. and B. above, the area devoted to non - incentive uses shall be subtracted from the 4 • • total area of the development. Forty percent (40 %) of the balance of the total development shall be devoted to an incentive use as defined herein. E. HEIGHT LIMIT. The height limit for all buildings and other structures on a building site within the RMC District shall be 26 feet. However, 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 a use permit, finds that all of the following criteria are met: 1. The development will provide for both public physical and visual access to the bay within the limits that public safety is insured and private property protected. 2. The increased building height would result in increased public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. 3. 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 the general theme of a marine environment. 4. 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. 5. The increase in height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. F. SETBACK REQUIREMENTS. 1. No side yard building setback shall be required, except as may be required by the Planning Commission, or the City Council on appeal or review, in granting a use permit or site plan review approval. 2. A ten (10) foot minimum setback shall be required from the bulkhead line. This setback shall provide for the minimum public access required herein along the bulkhead. Additional building setbacks may be required by the Planning Commission, or the City Council on appeal or review, in granting a use permit or site plan review approval. 3. A minimum of 50 percent of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from Coast Highway right -of -way while the remaining 50 percent of the lot frontage shall provide a setback not less than 5 feet from the right -of -way line of Coast Highway. Within this required setback area, no structure or other intrusions shall be permitted, except for landscaping, decks, paving, architectural features or signs. G. PUBLIC ACCESS TO BAY FRONT. In approving a Site Plan Review or granting a Use Permit for development on a building site with frontage along the bay, the Planning Commission or City Council, upon review or appeal, shall require the •dedication of vertical (between Coast Highway and the Bay) and lateral (along the Bay) public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of ten (10) feet in width. 5 V 2. Public access easements may be provided within required setback areas and view corridors. 3. All dedicated public access easements shall be recorded with the Orange County Recorders Office in a manner satisfactory to the Public Works Department. H. BULKHEAD. All bulkheads shall be constructed to an elevation of nine feet above mean low water level (6.27 feet above mean sea level). I. FLOOR ELEVATION. Finished floor elevation for all new structures or addition to an existing structure(s) other than floor area used for parking, shall be nine feet above mean low water level (6.27 feet above mean sea level). 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. Retail sales, yacht brokers, boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, 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: 1. 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, 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 highway 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 than 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 yard 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 0 shall be permitted except for landscaping, decks, paving, architectural features and signs. (Ord. 1718 § 1 (part), 1977: Ord. 1753 § 26, 1977). D. HEIGHT LIMIT. The maximum height limit for all buildings and other structures on a building site shall be 26 feet. However, 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. 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. 20.62.060 SITE PLAN REVIEW. A. GENERALLY. The City Council finds, determines and declares that the establishment of the Site Plan Review procedures contained in this section are necessary to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. • 1. To assure that development of properties in Specific Area Plan areas will not preclude attainment of the General Plan and Specific Area Plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Mariners' Mile where adverse effects could result from inadequate and poorly planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within Specific Area Plan area shall be protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 4. To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. isB. APPLICATION. Site Plan Review approval shall be obtained prior to the issuance of a building permit in accordance with the provisions of Section 20.01.070, except that this approval shall only be required for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by fifty percent (50 %) or 2,500 square feet whichever is less. 20.62.070 DEFINITIONS. For the purpose of this chapter, certain terms used herein shall have meanings assigned to them by this subsection. All 7 definitions described in Section 20.87 of the Municipal Code shall prevail except where there is a conflict with this Specific Plan District shall take precedence. A. COMMERCIAL RECREATION. A commercial use designed primarily for activities, in or out of doors, which are generally associated with leisure time activities, examples include: tennis courts, racquetball, swimming clubs, and other uses of a similar nature. B. PERSONAL /PROFESSIONAL SERVICES. An office or store, providing services directly to the general public, including, but not limited to, architects, attorneys, brokers, barbers, photographers and artists. C. GRADE. For the purpose of measuring height, the grade shall be natural grade, or nine feet above mean low water level (6.27 feet above mean sea level), whichever is higher. 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 within fifteen (15) days of its adoption. This Ordinance shall be effective thirty (30) days after the date of adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of February , 1990, and was adopted on the 26th day of February, 1990, by the following vote, to wit: AYES, COUNCILMEMBERS TURNER, WATT, SANSONE, HART, STRAUSS, COX • NOES, COUNCILMEMBERS NONE • ABSENT, PLUMMER ATTEST: PLT CC \A697.ORD ,y