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HomeMy WebLinkAbout93-24 - Adopting Amendment No. 786 to the Mariners' Mile Specific Area Plan (Chapter 20.62 of the Newport Beach Municipal Code) so as to Modify the Right-of-Way Dedication Requirements and Revise the Method of Determining Allowable Building Floor Area on• • is ORDINANCE NO. 93 -24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AMENDMENT NO. 786 TO THE MARINERS' MILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE) SO AS TO MODIFY THE RIGHT -OF- WAY DEDICATION REQUIREMENTS AND REVISE THE METHOD OF DETERMINING ALLOWABLE BUILDING FLOOR AREA ON THE NORTHERLY SIDE OF COAST HIGHWAY 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 the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code provides that an amendment to Title 20 may be initiated by the City Council; and WHEREAS, on October 26, 1992, the City Council adopted Resolution No. 92 -122 initiating an amendment to Chapter 20.62 of the Zoning Code (Mariners' Mile Specific Area Plan) so as to modify the right -of -way dedication requirements and revise the method of determining allowable building floor area for parcels on the northerly side of Coast Highway; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared; and WHEREAS, pursuant to Section 20.84.30, the Planning Commission has held a duly noticed public hearing to consider Amendment No. 786 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, pursuant to Section 20.84.050, the City Council has held a duly noticed public hearing to consider Amendment No. 786 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, based upon the information contained in the Initial Study, comments received, and all related documents in the record, the City Council finds that 1 there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore the Negative Declaration is hereby approved. The City Council finds that the Negative Declaration adequately addresses the potential environmental impacts of the isproject, satisfies all the requirements of CEQA, and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. e THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 20.62.030(B)(5) of the Newport Beach Municipal Code is hereby amended as follows: Delete: • 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 0.5 times the total square footage of the site provided that the Planning Commission may, by variance, allow development to exceed the 0.5 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). 1 M Except as otherwise provided in this subsection, the gross floor area and building bulk limits specified in Chapter 20.07 shall apply to all structures. For purposes of this Chapter, the required setback specified in Section 20.62.050(C) shall be included in the calculation of buildable area for purposes of determining gross floor area and building bulk limits. The setback shall be included in gross floor area and building bulk calculations even if some or all of the setback, or any interest therein, has been dedicated to the City. Variances to exceed the base floor area ratio limits of • Chapter 20.07 may be approved pursuant to Section 20.82.020(d). SECTION 2. Section 20.62.050 is hereby amended as follows: Adds E. Dedication. No dedication of right -of -way along the north side of Coast Highway shall be required pursuant to Chapter 13.05, or 2 as a condition to any parcel map or use permit, for any project that strictly complies with the setback requirements in subsection 20.62.050(C) unless all of the following conditions have been satisfied. 1. The proposed project contributes to the need to widen Pacific Coast Highway to Master Plan standards; and • 2 The project would generate more than 300 average daily trips; and 3. The proposed project exceeds 25,000 square feet of additional gross floor area (assumes a base FAR use - minimum and maximum FAR uses shall be adjusted accordingly). No additional dedication shall be required for any parcel which, as of the effective date of this Ordinance, has dedicated all or a portion of the setback, or any interest therein, to the City for road widening purposes. Nothing in this subsection shall affect the duty of a property owner to dedicate land and /or construct circulation system improvements pursuant to the provisions of the Traffic Phasing Ordinance (Chapter 15.40 of the Newport Beach Municipal Code), or to pay fees required by the Fair Share Traffic Contribution Ordinance (Chapter 15.38 of the Municipal Code). • SECTION 3. The Planning Director of the City of Newport Beach is hereby directed to change Chapter 20.62 of the Newport Beach Municipal Code to reflect the changes described in Sections 1 and 2 (above), and when said changes have been made, the same shall be in full force and effect and be part of Title 20 of the Newport Beach Municipal Code. 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. is 3 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of November, 1993, and adopted on the 22nd day of November 1993, by the following vote, to wit: • AYES, COUNCIL MEMBERS SANSONE, WATT, TURNER, HART, COX, DEBAY NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS HEDGES CITY CLERK • F. \ ... \MAR- MILE\A-ft.ORD C� 2