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Home My WebLink About93-20 - Amending Title 20 of the Municipal Code Permitting Pet Shops, Animal Hospitals and Animal Grooming Facilities in the Commercial Areas of the Cannery Village /McFadden Square Specific Plan (Planning Commission Amendment No. 782)ORDINANCE NO. 93 -20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE PERMITTING PET SHOPS, ANIMAL HOSPITALS AND ANIMAL GROOMING FACILITIES IN THE COMMERCIAL AREAS OF THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN • (PLANNING COMMISSION AMENDMENT NO. 782) WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code of the City of Newport Beach provides that an amendment to Title 20 may be initiated by the City Council or the Planning Commission; and WHEREAS, the proposed amendment is necessary so as to establish pet shops, • animal hospitals, and animal grooming facilities as permitted uses in the Cannery Village /McFadden Square Specific Plan; and WHEREAS, the Planning Commission has determined that the subject amendment is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor Alteration in Land Use Limitations); and WHEREAS, on July 22, 1993, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 782, and at that time voted to recommend that the City Council approve the amendment; and • WHEREAS, on August 23, 1993, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; 1 • • • NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does ordain as follows: SECTION 1. Section 20.63.030 of the Municipal Code is hereby amended to read as follows: 20.63.030 SPECIALTY RETAIL, SR DISTRICT. It is the intent of this section to establish a strong specialty retail core for the Cannery Village area by encouraging mutually supportive businesses, establishing a continuity of shopping and pedestrian orientation, and to provide a high level of pedestrian interest, comfort and amenity. A. Permitted Uses. The following uses are permitted in the SR district: 1. Retail sales generally oriented to the casual pedestrian shopper such as antiques, art galleries, art studios, books, clothing, crafts, hobbies, jewelry, stationary, specialty food uses in accordance with Section 20.72.015, interior decorating studios, handicraft establishments and similar establishments. 2. Personal service establishments such as barber shops, beauty parlors, shoe repair, tailor shops, and similar establishments. 3. Professional and business offices providing direct services to the public, such as accountants, architects, attorneys, and realtors. 4. Professional and business offices not providing direct services to the public or not ancillary to an otherwise permitted use, such as corporate offices shall be permitted on the second floor only. S. Residential uses on the second floor or above, where the ground floor is occupied by a permitted use. 2 • • • B. USES REQUIRING USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: Restaurants: outdoor, take -out, and drive -in facilities; bakeries; social clubs; hotels, motels, 'bed and breakfasts ", music /art schools, private instructional facilities, nail salons, wedding chapels, museums, marine related museums, pet shops, animal hospitals and animal grooming facilities. C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. SECTION 2. Section 20.63.035 of the Municipal Code is hereby amended to read as follows: 20.63.035 RECREATIONAL AND MARINE COMMERCIAL, RMC DISTRICT. 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 uses, maintaining the marine theme and character of the area, and encourage public physical and visual access to the bay. A. SITE PLAN REVIEW REQUIRED. Unless otherwise specified herein, all development in the Recreational and Marine Commercial District shall be subject to Site Plan Review as set forth in Section 20.01.070 of the Municipal Code. B. 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 C.3. 3 L • • 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; residential uses on the second floor or above, where the ground floor is occupied by a permitted use and specialty food uses in accordance with Section 20.72.015. C. 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, gas docks, marine related private instructional facilities, federal post offices, and marine related museums that when they occupy at least 40% of a site, as defined herein, may be combined with uses under C.3. 2. Non - incentive uses such as social clubs, service clubs, wedding chapels, federal post offices, 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) art studios, dance studios, interior decorating studios, music /art schools, photographic studios, private instructional facilities (unless marine related), arcades, nail salons, commercial recreational facilities, cleaners and laundries, copy service, handicraft establishments, pet shops, animal hospitals, and animal grooming facilities. D. SITE AREA. For purposes of determining compliance with this Section, "site" shall be defined as the total land area within the established property lines of a parcel, including any portion under water. Forty percent (40 %) of this total area shall be occupied by an incentive use as defined herein. For those permitted uses such as boat slips located between the U.S. Bulkhead Line and the U.S. Pierhead Line, any area on the site supporting the 4 permitted uses, such as parking devoted exclusively to the boat slips, shall be included in the calculation of incentive uses to determine compliance with this Section. E. MIXED -USE DEVELOPMENTS. Where a mixed -use development is proposed with • any combination of uses permitted in Sections B. and C. above, the area devoted to these non - incentive permitted uses shall be subtracted from the 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. F. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor Area Ratios and Building Bulk. SECTION 3. Section 20.63.040 of the Municipal Code is hereby amended to read as follows: • 20.63.040 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT. It is the intent of this section to provide for retail sales, personal service, commercial, and professional uses that offer direct services to the public, and light marine industrial uses. A. USES PERMITTED. 1. Retail sales, specialty food uses in accordance with Section 20.72.015, and personal service establishments within a building including accountants, architects, banks, barber shops, bookstores, realtors, travel agencies, art studios, interior decorating studios, photographic studios, copy service, and handicraft establishments, and those uses permitted in Section 20.63.030, Specialty Retail District and Section 20.63.035, Recreational and Marine • Commercial District. 2. Residential uses on the second floor or above, where the ground floor is occupied by a permitted use. 3. Professional and business offices not providing direct services to the public or not ancillary to an otherwise permitted use, such as corporate offices shall be permitted on the second floor only. 4. Marine industrial uses or light manufacturing of marine related products. •B. USES REQUIRING A USE PERMIT. The following uses shall be permitted subject to the securing of a use permit in each case: Restaurants: outdoor, take -out, and drive -in facilities; bakeries; hotels, motels, 'bed and breakfasts ", health clubs /aerobic studios, music /art schools, dance studios, private instructional facilities, arcade, commercial recreational facilities, nail salons, wedding chapels, cleaners and laundries, day care facilities, laundromat, service /social club, marine industrial, marine manufacturing, churches, museums, marine related museums, federal post offices, pet shops, animal hospitals, and animal grooming facilities. C. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk contained in all buildings on a buildable site shall be as specified in Chapter 20.07, Floor • Area Ratios and Building Bulk. SECTION 4. 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. SECTION 5. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of August, 1993, and adopted on the 23rd day of August, 1993, by the following vote, to wit: AYES, COUNCIL MEMBERS HEDGES, • SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE 5 ATTEST: mAn ... \bill w \amend \aM.ord • • 7