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Home My WebLink About96-36 - Prohibiting, for Forty-Five Days, the Approval of Permits for Certain Land Uses in the Mariner's Mile Area0 ORDINANCE NO. 96- 36 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING, FOR FORTY -FIVE DAYS, THE APPROVAL OF PERMITS FOR CERTAIN LAND USES IN THE MARINER'S MILE AREA The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. The City Council is authorized, pursuant to provisions of the City Charter and Section 65858 of the Government Code, to adopt a temporary prohibition on the issuance of permits for, or the establishment of, Land uses which may be in conflict with contemplated zoning ordinances which the legislative body, planning commission or planning department intends to study within a reasonable time. B. Mariner's Mile is an important commercial area of the City generally located adjacent to Pacific Coast Highway between the Arches Bridge and Dover Drive. C. Pacific Coast Highway through Mariner's Mile accommodates heavy traffic volume, a significant amount of regional traffic and very heavy recreational traffic on weekends. D. Residential areas along Cliff Drive and Kings Road which are adjacent, or in close proximity, to certain land uses in Mariner's Mile generate noise, traffic congestion and air pollution with the potential to adversely impact residents, their property, and property values. E. Mariner's Mile is currently experiencing a substantial number of vacancies in commercial property and a significant turnover in uses within parcels that are occupied. F. The City Council has recently approved a redevelopment plan and new lease for the Balboa Bay Club. The redevelopment of that facility is likely to occur within -11- Ord. 96 -36 the next five to ten years and the City has not evaluated the extent to which this redevelopment could encourage economic development in Mariner's Mile. G. The City has not conducted a comprehensive evaluation of the extent to which existing land use controls have achieved the purposes and goals of the Mariner's Mile Specific Area Plan including, without limitation, the extent to which existing land use regulations on the inland side of Coast Highway have resulted in "an active pedestrian - oriented retail area with a wide range of visitor - serving, neighborhood commercial and marine - related uses." The City also has not conducted a comprehensive evaluation of the extent to which land use regulations applicable to the bay side of Coast Highway have encouraged "a continuation of marine - oriented and visitor - serving uses, maintain(ed) the marine theme and character of the area, and encourage(d) public physical and visual access to the bay." H. It is the intent of the City Council to conduct a comprehensive review of existing land use recommendations for Mariner's Mile and ultimately recommend modifications to Title 20 of the Newport Beach Municipal Code that will revitalize the economy of Mariner's Mile and promote the objectives described in Section 20.62.020 of the Newport Beach Municipal Code. I. Certain uses generate a large number of average daily trips and a large number of a.m. or p.m. peak hour trips. For example, fast food restaurants generate 786.22 average daily trips (ADT) per thousand :square feet (TSF) and up to 21 ADT during the morning and evening peak hours. Development of these uses prior to completion of the planning study and implementation of new regulations would jeopardize the City Council's ability to achieve the goals specified in this Ordinance and the existing Mariner's Mile Specific Area Plan. J. This Ordinance is deemed necessary as an emergency measure for preserving the public health, safety and welfare in that; (1) pending completion and implementation of any necessary amendments to Title 20 of the Newport Beach Municipal Code, the approval of certain uses that have high average daily trip rates and generate significant peak hour trips could adversely impact traffic safety and traffic flow -2- Ord. 96 -36 along Pacific Coast Highway, create the potential for traffic accidents, reduce access to existing businesses along Mariner's Mile and potentially generate noise, light and glare that could adversely impact adjoining residential areas; (2) the establishment of certain uses which generate high traffic volumes or are inconsistent with the goals and objectives specified in this Ordinance would adversely impact the City's ability to implement amendments to land use regulations which could improve the economic condition of Mariner's Mile, stimulate additional development, and achieve the objectives specified in this Ordinance and the Mariners Mile Specific Area Plan; (3) the development of certain uses, including those which generate high volumes of traffic or noise could adversely affect property values in Mariner's Mile thereby reducing the property owners' ability to redevelop in accordance with any modification to Title 20 of this Code. SECTION 2: Prohibitions. During the term of this Ordinance: (a) No permit, license or other approval shall be granted for outdoor restaurants, drive -in restaurants, take -out restaurants, fast food restaurants, specialty food services; (b) No permit, license or other approval shall be granted for any land use which generates in excess of one hundred (100) average daily trips (ADT) per thousand square feet (TSF) or more than ten (10) a.m. or p.m. peak hour trips per TSF; (c) No permit, approval or authorization shall be given for any land use requiring a use permit unless the Planning Commission determines, in addition to any other findings required by law, that the proposed use is consistent with the goals and objectives specified in this Ordinance and the existing Mariners Mile Specific Area Plan. (d) The provisions of this Ordinance shall not prohibit the re- establishment of any restaurant in operation within ninety days prior to the effective date of this Ordinance provided, however, there shall be no change in operational characteristics of the restaurant unless an amended Use Permit is granted -3- 0 • • Ord. 96 -36 pursuant to the provisions of Chapter 20.72 of the Newport Beach Municipal Code and the Planning Commission finds and determines that the change in operational characteristics are consistent with the purposes and intent of this Ordinance. (e) The provisions of this Ordinance shall not apply to any use permit granted prior to the effective date of this Ordinance and pursuant to which no construction has commenced but only so long as the use permit remains valid pursuant to the provisions of Chapter 20.80 of the Newport Beach Municipal Code. SECTION 3: Planning Area. This Ordinance shall apply to all property within the existing Specific Plan District for Mariner's Mile as described in Chapter 20.62 of the Newport Beach Municipal Code, as well as all commercial property adjacent to Pacific Coast Highway between the easterly boundary of the Mariner's Mile Specific Plan District and the west curb line of Dover Drive. SECTION 4: Planning Study. The Planning Department is hereby directed to work with the Mariner's Mile Business and Citizens Advisory Committee to study the planning area to determine whether changes to Title 20 of the Newport Beach Municipal Code are warranted to improve the economic and aesthetic conditions of the area, and to report its findings to the City Council as soon as possible but in no event more than forty -five days after the date of this Ordinance. SECTION 5: CEQA Compliance. The City Council determines that this Ordinance is "categorically exempt" from the California Environmental Quality Act as a Class 5 project as defined in the CEQA Guidelines. -4- Ord. 96 -36 SECTION 6: Term. This Ordinance shall become effective immediately upon its adoption, and shall remain in effect for a period of forty -five (45) days thereafter unless earlier terminated or repealed, or extended, by ordinance of the City Council. SECTION 7: Severability. The City Council hereby declares that if any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared unconstitutional. SECTION 8: Execution. The Major 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 of the City within fifteen (15) days after its adoption. This Ordinance was adopted as an urgency measure at a regular meeting of the City Council of the City of Newport Beach held on the 26tday of August J1996, by the following vote: AYES, COUNCIL MEMBERS O'Neil, Edwards, Debay, Glover, watt, Hedges NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS cox ATTEST: MAYOR CITY CLERK cdMordinan\mariner.doc -5-