HomeMy WebLinkAbout96-40 - Prohibiting, for Forty-Five Days, the Approval of Permits for Certain Land Uses in the Mariner's Mile AreaORDINANCE NO. 96 -40
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: Findinns.
The City Council finds and declaresas 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 c:onflictwith contemplated zoning ordinances
which the legislative body, planning commission or planning department intends to study within a
reasonable time.
B. Mariners Mile is an important commercial area of the City generally located
adjacentto Pacific Coast Highway between the Arches Bridge and Dover Drive.
C. Pacific Coast Highway through Mariners 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 Mariners 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 sign ificantturnoverin 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 the next five to ten
years and the City has not evaluated the extent to which this redevelopment could encourage
economic development in Mariners 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."
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H. It is the intent of the City Council to conduct 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 SpecificArea 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 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
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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 Mariner's
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 accordancewith any modificationto Title 20 of this Code.
K. Public Notice of this proposed Interim Urgency Ordinance has been published in
The Daily Pilot on September 13, 1996, 10 days prior to City Council consideration, pursuant to
provisions of Section 65858 and 65090 of the Government Code.
L. The Mariner's Mile Business and Citizens Advisory Committee have met twice to
address the above stated issues and consider possible modifications to Title 20, and have
• recommended this ordinance be adopted by the City Council.
M. The Mariner's Mile Business and Citizens Advisory Committee have further
identified the following issues related to fast food uses: hours of operation, architectural treatments
and design, drive - through features, related outdoor dining, and traffic. The Committee intends to
address these issues and make recommendationsto the City Council within 45 days.
SECTION 2: Prohibitions
During the term of this Ordinance:
Ord. 96 -40
(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 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 consistentwith the purposesand 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 Districtand the west curb line of Dover Drive.
SECTION 4: Planning Studv.
The Planning Department is hereby directed to work with the Mariners 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.
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Ord. 96 -40
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 declaresthat 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 23rdday of September , 1996, by the
following vote:
HEDGES, DEBAY, GLOVER,
AYES, COUNCIL MEMBERS_ EDWARDS, WATT, O'NEIL, COX
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONZ
ATTEST: MAYOR
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CITY CLERK