HomeMy WebLinkAbout93-1 - Amending Title 20 of the Newport Beach Municipal Code So as to Clarify Language in Chapter 20.33 and Table 20.33, and an Amendment to Chapter 20.68 to Permit Massage Establishments as an Independent Use in the APF District, Subject to the SecuringORDINANCE NO. 93 -1
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, AMENDING TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO
CLARIFY LANGUAGE IN CHAPTER 20.33 AND TABLE 20.33,
® AND AN AMENDMENT TO CHAPTER 20.68 TO PERMIT MASSAGE
ESTABLISHMENTS AS AN INDEPENDENT USE IN THE APF DISTRICT,
SUBJECT TO THE SECURING OF A USE PERMIT; ALSO INCLUDED
IS A HOUSEKEEPING CHANGE TO CORRECT SECTION REFERENCE;
IN CHAPTER 20.33 AND TO ESTABLISH MORE SPECIFIC LOCATION
REQUIREMENTS FOR INDEPENDENT MASSAGE ESTABLISHMENTS
(Planning Commission Amendment No. 778)
WHEREAS, Title 20 of the Newport Beach Municipal Code, more specifically
Table 20.33, does not make a distinction between massage establishments as accessory uses
or as independent uses; and
WHEREAS, Section 20.68.025 currently makes no provision for massage
establishments to be located in the APF District which is similar to office uses in
commercial areas of Planned Community Districts; and the proposed amendment will clarify
• the location requirement pertaining to the site a massage establishment is located; and
WHEREAS, the Planning Commission requested that Planning Department
staff revise language in the Zoning Code with respect to massage establishments and
Sections 20.33.020 and 20.68.025 to develop consistent language and definitions; and
WHEREAS, the public was duly noticed of the public hearing; and
WHEREAS, on February 4, 1993, the Planning Commission of the City of
Newport Beach held a public hearing regarding Amendment No. 778;
WHEREAS, on March 8 , 1993, the City Council of the City of Newport
Beach held a public hearing regarding Amendment No. 778.
NOW THEREFORE, the City Council of the City of Newport Beach does
hereby ordain as follows:
• Section 1. Section 20.33.020 of the Newport Beach Municipal Code is
hereby amended to read as follows:
20.33.020 USE OF LAND OR STRUCTURES. Uses permitted in
commercial districts and uses permitted upon the approval of the Planning Director,
Modifications Committee, or Planning Commission shall be as provided in Table 20.33 and
provided further as follows:
40 A. HELIPORTS AND HELISTOPS. No helicopter shall land or take off and no
heliport or helistop shall be established in any Commercial District unless a Use Permit
shall first have been secured for the establishment, maintenance, and operation of such use.
The License Supervisor may approve temporary helistops in any zoning district of the City
for a period not to exceed 90 days for use in connection with major construction sites if the
License Supervisor determines that such helistops will not unduly interfere with the health,
safety, and welfare of persons owning property in the surrounding area. Appropriate
conditions to such approval may be attached.
B. OUTDOOR LIGHTING. No swimming pool, tennis court or other use which, in
the opinion of the Planning Commission is of a similar nature, and which is located closer
than two hundred feet to the boundary of any "R" District, shall be lighted externally unless
a Use Permit shall first have been secured for the installation, maintenance, and operation
of the lighting fixtures.
Section 2. Section 20.68.025 of the Municipal Code is hereby amended to
read as follows:
20.68.025 Massage Establishments As An Independent Use.
A massage establishment which operates as an independent use, shall be permitted in the
C -0, C -1, C -2 Districts, M -1 -A District, RMC, RSC and APF Districts, commercial areas of
P -C Districts and commercial areas of the SP -4 (Newport Shores Specific Plan) and SP -5
(Mariner's Mile Specific Plan) Districts, subject to the securing of a use permit in each case,
• and provided further that such establishment conforms to the following:
A. Location Requirements.
Notwithstanding any other provision of the Newport Beach Municipal Code, no use
2
•
•
•
permit shall be approved by the City of Newport Beach for any massage establishment if the
proposed site is located:
1. Within 500 feet of any public or private school, park or playground,
civic center, cultural site or church site; or
2. Within 500 feet of any other massage establishment site.
B. Waiver of Location Restrictions.
Any property owner or his authorized agent may apply for a waiver of the location
restrictions contained in this Section. The Planning Commission, after a public hearing, or
City Council on appeal or review, may waive any location restriction, if all the following
findings are made:
1. The proposed use will not be contrary to the public interest or
injurious to nearby properties, and that the spirit and intent of this
Section will be observed; and
2. The proposed use will not enlarge or encourage the development of an
urban blight area; and
3. The establishment of an additional regulated use in the area will not
be contrary to any program of neighborhood conservation nor will it
interfere with any program of urban renewal; and
4. The use at the proposed location will not adversely affect the use of a
place used exclusively for religious worship, school, park or playground;
and
5. All applicable regulations of this Newport Beach Municipal Code will
be observed.
3
•
•
t
Section 3. Table 20.33 of the Municipal Code is hereby amended to read
as follows:
Table 20.33 is amended to delete under the category of Personal Service, the
reference to massage parlor and in its place to provide for both classes of massage
establishments as either an independent or as an accessory use consistent with
Chapter 20.68 of the Municipal Code. Table 20.33 is also amended to permit
independent massage establishments to be located in the APF, RMC and RSC
Districts, subject to the securing of a use permit. A copy of the proposed changes
to Table 20.33 is attached.
Section 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper and shall be 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 22nd day of February , 1993, and was
adopted on the 8th
ATTEST:
day of March , 1993, by the following vote, to wit:
AYES, COUNCIL MEMBERS HEDGES, SANSONE,
WATT, TURNER, HART, COX, DEBAY
NOES, COUNCIL MEMBERS NONE
0
•
TABLE 20.33 LAND USES
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TYPE OF USE
v
EXAMPLES
RSC
APF
RMC
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.¢,'A,v `
REDUCED FAR USES
-
(Floor area ratio up to 0.3)
PLTBLICASSEM3LY
AUDITORIUMS
UP
UP
UP
THEATERS
- UP
UP
UP
FOOD USES
DRIVE - INTAKE OUT RESTAURANTS
UP
U/A
UP
RESTAURANTS
UP
U/A
UP
DRIVE-IN FACILITIES
UP
U/A
UP
MISC
HEALTH CLUB /AEROBICS STUDIOS
UP
U/A
UP
MINI-MARTS
YES
ANC
UP
SOCIAL, CLUBS
UP
UP
UP
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:.¢....k..k:.k..k:.k:y k � . .:c:.e:.:d.Aa.. ,,. .•,...,..a....w..', . .a.;..:.g..,.,.,...... . .. . o
n nm eC
BASE FAR USES
(Floor area ratio up to OS)
ART OR INSTRUCTIONAL
ART STUDIOS
YES
YES
YES
FACILITIES
PHOTOGRAPHY STUDIOS
YES
YES
UP
DANCE STUDIOS
UP
NO
NO
MUSIC /ART SCHOOLS
UP
UP
UP
PRIVATE INSTRUCTIONAL FACILITIES
UP
UP
UP
MARINE USES
BOAT CHARTER (BOATS PRESENT)
UP
NO
INGP
BOAT SALES (BOATS PRESENT)
UP
NO
INGP
MARINE SERVICE STATION
UP
NO
INC-UP
AUTOMOBILE RELATED USES
AUTO DETAILING /CAR WASH
UP
UP
UP
AUTO RENTAL (OFFICE ONLY)
YES
YES
LIP.
AUTO RENTAL (VEHICLES PRESENT)
UP
NO
NO
AUTO REPAIRS
UP
NO
NO
AUTO SALES/LEASING
UP
U/A
NO
(VEHICLES PRESENT)
AUTO WINDOW TINTING
UP
NO
NO
INSTALLATION OF AUTO SOUND SYSTEMS
UP
NO
NO
GASOUNE SERVICE STATIONS
UP
UP
UP
PROFESSIONAL SERVICES
ACCOUNTANTS
YES
YES
UP'
ARCHITECTS
YES
YES
UP.
ATTORNEYS
YES
YES
UP*
CHIROPRACTORS
YES
YES
UP*
DENTAL OFFICE
YES
YES
UP*
ENGINEERS
YES
YES
UP*
INTERIOR DECORATORS
YES
YES
UP.
MARINERELATED OFFICE INCLUDING:
YES
YES
YES
BOAT CHARTER (OFFICE ONLY)
YES
YES
YES
BOAT SALES (OFFICE ONLY)
YES
YES
YES
MEDICAL OFFICE
YES
YES
UP*
PRINTERS
YES
YES
UP'
REALTORS/ESCROW
YES
YES
LT.
OTHER PROFESSIONAL SERVICES
YES
YES
Ur
•
TABLE 20.33 LAND USES
' .ffi: T.', a>:4>:C^i °M`. pv ':'•fi i : 9`
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RE `.n•'ER.n,!o:Ea1?5:`,..,'
TYPE OF USE
EXAMPLES
RSC
APF
RMC
`o P.99�tiii
a+
o
FREESTANDING OFFICES NOT
CORPORATE OFFICE BUILDINGS
NO
YES
NO
OFFERING GOODS OR SERVICES
EDITORIAL AND DESIGN
NO
YES
NO
TO THE GENERAL PUBLIC
RESEARCH AND DEVELOPMENT
NO
YES
NO
PERSONAL SERVICES
ACUPUNCTURE
YES
YES
UP.
BARBERS
YES
ANC
UP'
BEAUTYPARLORS
YES
ANC
UP'
CLEANERS/IAUNDRIES
YES
ANC
UP•
(COLLECTION ONLY)
CLEANERS/LAUNDRIES
UP
NO
NO
(PLANT ON PREMISES)
FORTUNETELLING
YES
YES
Up.
MASSAGE ESTABLISHMENTS (accessory)
YES
YES
UP-
MASSAGE ESTABLISHMENTS (independent)
UP
UP
UP'
MORTUARIES
UP
UP'
REPAIR OF SMALL APPLIANCES
YES
UP'
SHOE REPAIR
YES
UP`
TAILORS
YES
ANC
UP.
OTHER PERSONAL SERVICES
YES
ANC
UP.
RETAIL
ART GALLERIES
YES
YES
YES
APPLIANCE STORES
YES
ANC
NO
BAKERIES
YES
ANC
YES
BOOKSTORES
YES
ANC
YES
CLOTHING STORES
YES
ANC
YES
DELICATESSENS
YES
ANC
YES
DEPARTMENT STORES
YES
NO
NO
HARDWARE STORES
YES
ANC
P.
JEWELRY STORES
YES
ANC
YES
OUTDOOR SALES
UP
NO
UP
PHARMACIES
YES
ANC
NO
PLANT NURSERIES
YES
NO
NO
RETAIL MARINE SALES
YES
ANC
INGP
SHOE STORES
YES
ANC
P.
SPECIALTY SHOPS
YES
ANC
P.
SPECIALTY FOOD SERVICE (PER 20.72)
MOD
MOD
MOD
SUPERMARKETS
YES
NO
NO
GENERAL RETAIL SALES
YES
ANC
P.
RECREATTONAL FACILITIES
GYMS
UP
UP
UP
BILLIARD PARLORS
UP
UP
UP
RETAIL AND SERVICE
ANIMAL HOSPITALS
UP
UP
NO
COMMERCIAL WITH ANIMALS
PET SHOPS
UP
NO
NO
PRESENT
DOG GROOMERS
UP
NO
NO
PUBLIC ASSEMBLY /CLUBS
SERVICE CLUB
UP
UP
UP
YACHT CLUB
UP
UP
INC-UP
MISC.
BANKS/LENDERS
YES
YES
UP'
DAY CARE
YES
ANC
LIP.
HANDICRAFT ESTABLISHMENTS
YES
NO
P•
LAUNDROMATS
YES
NO
UP*
ACCESSORY USES INCIDENTAL TO COMMERCIAL, DEVELOPMENTS,
YES
YES
YES
CONSTRUCTED CONCURRENT WITH OR SUBSEQUENT TO THE MAIN
BUILDING WHERE THE CHARACTER OF THE PREMISES IS NOT ALTERED
•
•
TABLE 20.33 LAND USES
TYPE OF USE
EXAMPLES
RSC
APF
RMC
�,go ggm. 6. w
'Na 00–x —mm RE
somm.
MAXIMUM FAR USES
(Flom area mfio up to 0.75 or 1.0)
MARINE USES
BOAT BUILDING
NO
NO
INC-UP
BOAT HAUL -OUT
NO
NO
INC-P
BOAT REPAIR
NO
NO
INC-P
OVERNIGHT
BED AND BREAKFASTS
UP
UP
UP
ACCOMMODATIONS
HOTEL
UP
UP
UP
MOTEL
UP
UP
UP
INDUSTRIAL
GENERAL LIGHT INDUSTRIAL
NO
NO
UP*
GENERAL LIGHT MANUFACTURING
NO
NO
NO
HEAVY INDUSTRIAL
NO
NO
NO
GENERAL LABORATORIES
NO
NO
NO
MACHINE SHOPS
NO
NO
NO
MARINE INDUSTRIAL
NO
NO
INC-UP
MARINE MANUFACTURING
NO
NO
INC-UP
MEDICAL LABORATORIES
NO
YES
NO
RESEARCH LABORATORIES
NO
NO
NO
WHOLESALE
WHOLESALE SALES
ANC
ANC
ANC
CONGREGATE RESIDENCES
CONGREGATE CARE FACHMES
UP
UP
NO
ELDERLY RESIDENTIAL
UP
UP
UP
SINGLE ROOM OCCUPANCY
UP
UP
UP
STORAGE
DRY BOAT STORAGE
NO
NO
INC-P
MINISTORAGE WHERE SPECIFICALLY
UP
UP
UP
PERMITTED BY THE GENERAL PLAN
MINISTORAGE, GENERALLY
NO
NO
NO
GENERAL STORAGE WHERE SPECIFICALLY
UP
UP
UP
PERMITTED BY THE GENERAL PLAN
GENERALSFORAGE
NO
NO
NO
OUTDOORSTORAGE
NO
NO
UP
0 N
.........
wx
FIXED FLOOR AREA RATIO USES
CEMETERY/MAUSOLEUM /CREMATORIUM
NO
NO
NO
FREESTANDING RELIGIOUS FACILITIES
NO
NO
NO
MUNICIPAL OFFICES
NO
NO
NO
COMMUNITY CENTERS
UP
UP
UP
HOSPITALS
NO
NO
NO
PUBLIC LIBRARIES
NO
NO
NO
MUSEUMS
NO
NO
NO
POST OFFICE (FEDERAL)
NO
NO
NO
RESERVOIRS/WATER FACILITIES
NO
NO
NO
SCHOOLS
NO
NO
NO
TRANSIT FACUMES
UP
U/A
UP
UTILITY SUBSTATIONS
NO
NO
NO
•
0
TABLE 20.33 LAND USES
TYPE OF USE EXAMPLES
10 N
ft. Ra
"f -00N.' I mq�
RSC APF RMC
...........
>>>>OTHER<<<<
OUTDOOR LIGHTING WITHIN 200 FELT OF
UP UP UP
A RESIDENTIAL DISTRICT
TEMPORARY USES UP TO 90 DAYS
PD PD PD
TEMPORARY USES OVER 90 DAYS
UP UP UP
TEMPORARY HELJSrOPS (UP To 90 DAYS)
PI) PD PD
HELISTOPS OVER 90 DAYS
UP UP UP
PORTABLE BUILDINGS
UP UP UP
ROOFTOP PARIUNG
UP UP UP
TENNIS CLUB
NO NO NO
GOLF COURSE
NO NO NO
REMOVAL OF EARTHEN MATERIAL
UP UP UP
EXCEEDING NORMAL GRADING FOR SITE
PREPARATION OR LANDSCAPING
SIGNS PER CHAPTER 20.06
YES YES YES
mmmoilluall,
YES = PERMITTED
ANC = PERMITTED IF ANCILLARY
UP = PERMITTED WITH USE PERMIT
U/A = PERMITTED WITH USE PERMIT IF ANCILLARY
INC-P - INCENTIVE USE WHICH IS PERMITTED
INC.Up = INCENTIVE USE PERMITTED UPON THE APPROVAL
OF A USE PERMIT
P' = USES PERMITTED WHEN IN CONJUNCTION WITH AN INCENTIVE USE
OCCUPYING AT LEAST 40% OF THE SITE AS PROVIDED UNDER
SECTION 20.30.020 A
UP' -- USES PERMITTED UPON THE APPROVAL OF A USE PERMIT
WHEN IN CONJUNCTION WITH AN INCENTIVE USE OCCUPYING AT
LEAST 40% OF THE SITE AS PROVIDED UNDER SECTION 20.30.020 A
PD = SUBJECT TO APPROVAL OF THE PLANNING DIRECTOR
MOD = SUBJECT TO APPROVAL OF THE MODIFICATIONS COMMITTEE
NO = PROHIB]TTED