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HomeMy WebLinkAbout95-31 - Amending Title 20 of the Municipal Code to Add "Nail Salons" to the Table of Permitted Uses in the RSC, APF, and RMC Distrcits, as well as Various Specific Area Plans; to Delete the Use Permit Requirements for "Nail Salons" Within Various SpecificORDINANCE NO. 95 -31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE TO ADD "NAIL SALONS" TO THE TABLE OF • PERMITTED USES IN THE RSC, APF AND RMC DISTRICTS, AS WELL AS VARIOUS SPECIFIC AREA PLANS; TO DELETE THE USE PERMIT REQUIREMENT FOR "NAIL SALONS" WITHIN VARIOUS SPECIFIC AREA PLANS; AND TO ADD SPECIFIC PARKING REQUIREMENTS FOR RETAIL AND SERVICE ESTABLISHMENTS TO THE HARBOR VIEW HILLS PLANNED COMMUNITY DISTRICT (PLANNING COMMISSION AMENDMENT NO. 826) 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, on October 24, 1994, the City Council adopted Resolution No. 94 -92, initiating amendments to Title 20 of the Newport Beach Municipal Code pertaining to the definitions for "beauty parlor" and "nail salon," and the parking standards for nail salons; and isWHEREAS, on March 27, 1995, the City Council approved Ordinance No. 95 -10, which was an amendment to Title 20 of the Municipal Code so as to establish definitions for the terms "beauty parlor" and "nail salons," and to establish stringent parking requirements for nail salons; and WHEREAS, in keeping with the approval of Ordinance No 95 -10, various sections and tables of the Municipal Code must be amended; and WHEREAS, at its meeting of June 22, 1995, the Planning Commission indicated that it did not desire to have the Planned Community Districts amended to require one parking space for each 80 sq.ft.; therefore the Harbor View Hills Planned Community District must be amended to no longer revert to Section 20.30.035 of the Zoning Code for parking requirements; 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 Alterations in Land Use Limitations); and WHEREAS, on July 20, 1995, the Planning Commission of the City of Newport Beach held a public hearing regarding Amendment No. 826; and WHEREAS, on August 28, 1995, the City Council of the City of Newport Beach held a duly noticed public hearing regarding this ordinance; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1. Section 20.61.060 of the Newport Beach Municipal Code (Newport Shores • Specific Area Plan) is hereby amended to read as follows: • 20.61.060 COMMERCIAL DEVELOPMENT. It is the intent of this section to provide for a service commercial area that will provide convenience goods and services to nearby residences. A. USES PERMITTED. Retail stores, specialty food uses in accordance with Chapter 20.72, and personal service establishments within a building, including appliance stores, bakeries (except wholesale), banks, barber shops, beauty parlors, nail salons, book stores, drug stores, food shops, hardware stores, medical- dental offices, radio stores, antique shops, shoe shops, studios, tailor shops, copy service, handicraft establishments, and other uses which in the opinion of the Planning Commission are of a similar nature. B. USES REQUIRING USE PERMIT. Gasoline service stations, hotels, motels, restaurants, outdoor restaurants, drive -in and take -out restaurants, drive -in facilities, pet shops, animal hospitals, laundries, launderettes, wedding chapels, health clubs/aerobics studio, music/art schools, private instructional facilities, arcades, commercial recreational facilities, day care, servicelsocial clubs, churches, museums, marine related museums, boat sales and laundromat. SECTION 2. Section 20.62.050 of the Newport Beach Municipal Code (Mariners Mile Specific Area Plan) is hereby amended to read as follows: •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 - Page -2 which would interrupt this continuity; and to minimize the number of curb cuts on Coast Highway. • A. USES PERMITTED: 1. Retail sales, specialty food uses in accordance with Chapter 20.72, yacht brokers, • boat sales, marine supply sales, boat repair and servicing, offices for personal and professional services which are offered to the general public, art studios, interior decorating studio, photographic studios, barbers, beauty parlors, nail salons, copy service, handicraft establishments, 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. SECTION 3. Section 20.63.030 (A)2 and (B) of the Newport Beach Municipal Code (Cannery Village McFadden Square Specific Area Plan) is hereby amended to read as follows: 2. Personal service establishments such as barber shops, beauty parlors, nail salons, shoe repair, tailor shops, and similar establishments. 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, wedding chapels, museums, and marine related museums. 1989; Ord. 86 -7, May 28, 1986) • SECTION 4. Section 20.63.040 (A)] and (B) of the Newport Beach Municipal Code (Cannery Village McFadden Square Specific Area Plan) is hereby amended to read as follows: A. USES PERMITTED. - Page - 3 • • • 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, nail salons, 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. B. USES REQUIlUNG 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, wedding chapels, cleaners and laundries, day care facilities, laundromat, service/social club, marine industrial, marine manufacturing, churches, museums, marine related museums, and federal post offices. SECTION 5. Section 20.63.045 (A)8 of the Newport Beach Municipal Code (Cannery Village McFadden Square Specific Area Plan) is hereby added to read as follows: 8. Nail Salons: One parking space for each 80 square feet of gross floor area. SECTION 6. Section VIII, Commercial Area 14 (F) of the Harbor View Hills Planned Community Ordinance is hereby amended to read as follows: F. Parkins Retail and Service Businesses One (1) parking space for each 250 square feet of gross floor area. All Other Uses Permitted by Section VIII (AA) Parking shall be evaluated based on adopted City requirements in effect at time of development. - Page -4 • SECTION 7. The "Personal Services" section of Table 20.33 of the Newport Beach Municipal Code is hereby amended to read as follows: PERSONAL SERVICES ACUPUNCTURE YES YES UP* BARBERS YES ANC UP* BEAUTY PARLORS YES ANC UP* CLEANERS/LAUNDRIES YES ANC UP* (COLLECTION ONLY) NO YES/L -5 NO CLEANERS/LAUNDRIES UP UP NO (PLANT ON PREMISES) NO NO NO FORTUNE TELLING YES YES UP* MASSAGE PARLOR YES UP UP* MORTUARIES UP UP UP* NAIL SALONS YES ANC UP* REPAIR OF SMALL APPLIANCES YES YES UP* SHOE REPAIR YES YES UP* TAILORS YES YES UP* OTHER PERSONAL SERVICES YES ANC UP* SECTIONS The "Personal Services" section of Table 20.65 of the Newport Beach Municipal Code is hereby amended to read as follows: Acupuncture eauty Parlors leaners/Laundries (Limited) Cleaners/Laundries Fortune Telling Parlor it Salons xair of Small Appliances )c Repair Personal Services YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES/L -5 NO NO NO NO NO UP NO NO NO NO NO YES NO NO YES NO NO YES NO NO NO NO NO YES NO NO NO NO NO UP NO NO NO NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO YES NO NO SECTION 9. The Mayor shall sign and the City Council 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 10. This Ordinance was introduced at a regular meeting of the City Council of �' g tY the City of Newport Beach held on the 14th day of Aug - , 1995, and was adopted on the 28th day of August , 1995, by the following vote, to wit: - Page - 5 • • AYES, COUNCIL MEMBERS WATT, DEBAY, HEDGES, GLOVER, O'NEIL NOES, COUNCIL MEMBERS EDWARDS, COX ABSENT COUNCIL MEMBERS NONE MAYOR 1� ^ —�) ATTEST: ...IPUBNOM826.OR2 - Page -6