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Home My WebLink About99-26 - Approving an Amendment to Title 20 of the Municiapl Code Relating to the Definition of Terms, Terms and Cross-References in the Land Use Regulations Schedules, Establishing Waterfront Rear Yard Setbacks, Regulations on Nay and Greenhouse Windows,ORDINANCE 99 -26 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE MUNICIPAL CODE RELATING TO THE DEFINITION OF TERMS, TERMS AND CROSS - REFERENCES IN THE LAND USE REGULATIONS SCHEDULES, ESTABLISHING WATERFRONT REAR YARD SETBACKS, REGULATIONS ON BAY AND GREENHOUSE WINDOWS, THE PARKING OF VEHICLES IN REQUIRED YARDS, SIGNS IN RESIDENTIAL DISTRICTS, AND THE AUTHORITY OF THE PLANNING DIRECTOR TO APPROVE OFF -SALE ALCOHOLIC BEVERAGE OUTLETS AND MASSAGE ESTABLISHMENTS. [PLANNING COMMISSION AMENDMENT 892] WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the definition of terms, terms and cross - references in the land use regulations schedules, establishing waterfront rear yard setbacks, regulations on bay and greenhouse windows, the parking of vehicles in required yards, signs in residential districts, and the authority of the Planning Director to approve • off -sale alcoholic beverage outlets and massage establishments are required; and WHEREAS, on September 9, 1999, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on September 27, 1999, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS • FOLLOWS: • Exhibit A Proposed Revisions to the Zoning Code Bay Window: A window or series of windows that project outward from a wall of a building forming a bay or alcove in a room within. This definition includes bow, oriel and similar projecting windows (see also: Greenhouse Window). Greenhouse Window: A multi -sided window with glass roof panels projecting outward from a wall of a building (see also: Bay Window). Recreational Vehicle (RW A vehicle towed or self - propelled and designed or used for recreational or sporting purposes. This term includes, but is not limited to, travel trailers, pick -up campers, camper shells, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles. Watercraft. A type of recreational vehicle designed to be used for water - related activities, including but not limited to sail boats, powerboats, canoes, kayaks and other personal watercraft. • Section 20.10,020 (Land Use Regulations Schedule) R -A COMMERCIAL FILMING, LIMITED P PERSONAL PROPERTY SALES P HELIPORTS, TEMPORARY Lr5 (L) See Section 20.60.120: Personal Property Sales i R -1 R -1.5 P P P P i Residenti, li I I I I )•. 1MA 1. Itlt.l '., 11 1 R -2 P P I Dis MFR P P L5 ricts. Additional Regulation! (K) (L) M (Q) R -1, R -1.5, R -2, and MFR Districts. The minimum depth required for rear yards abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels of West Newport shall be 10 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured • from the rear property line, unless a different line is shown on the Districting Map. • Section 20.15.020 (Land Use Regulations Schedule) RSC APF RMC Additional Regulation CLUBS AND LODGES UP UP UP (P) -YACHT CLUB UP UP UP (E), (F), (P) CULTURAL INSTITUTIONS UP UP UP (P) • • COMMERCIAL RECREATION AND ENTERTAINMENT UP UP UP (I), (P) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE -TAKE -OUT SERVICE -TAKE -OUT SERVICE, LIMITED - ACCESSORY -BARS AND COCKTAIL LOUNGES FOOD AND BEVERAGE SALES - CONVENIENCE MARKETS - SERVICE STATIONS UP UP UP (1), (J), (P) UP UP UP (I), (J), (P) PDIU PD/U PDIU (I), (J), (P) UP UP UP (I), (J), (P) PD/U PD/U PD/U (I), (J), (P) P P P (I), (J), (P) UP UP UP (1), (J), (P) P - -- --- (P) P L -1 P (P) UP UP UP (K), (P) (P) See Chapter 20.89: Alcoholic Beverage Outlets. ii • Section 20.20.020 (Land Use Regulations Schedule) Additional Regulations CLUBS AND LODGES P (H) CULTURAL INSTITUTIONS P M -1 M -1 -A IBP Additional - ACCESSORY P (F), (H) Regulations CLUBS AND LODGES L -3 L-3 - -- (J) COMMERCIAL RECREATION AND UP UP L-4 (F), (J) ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER - -- - -- UP (F), (G), (J) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (G), (J) -TAKE -OUT SERVICE UP UP UP (F), (G), (J) - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (G), (J) - ACCESSORY P P P (F), (G), (J) FOOD AND BEVERAGE SALES - -- L -4 L-4 (J) - SERVICE STATIONS UP UP PD/U (I), (K) (J) See Chapter 20.89: Alcoholic Beverage Outlets. (K) See Chapter 20.80: Service Stations. Section 20 (Land Use Regulations Schedule) • (H) See Chapter 20.89: Alcoholic Beverage Outlets. iii GEIF Additional Regulations CLUBS AND LODGES P (H) CULTURAL INSTITUTIONS P (H) EATING AND DRINKING ESTABLISHMENTS - ACCESSORY P (F), (H) • (H) See Chapter 20.89: Alcoholic Beverage Outlets. iii • Section 20,41,070 (Land Use Regulations Schedulel Commercial Additional Regulations CLUBS AND LODGES UP (K) CULTURAL INSTITUTIONS P (K) COMMERCIAL RECREATION AND ENTERTAINMENT UP (G), (K) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP (D), (G), (K) -FULL SERVICE, LOW TURNOVER UP (D), (G), (K) -FULL SERVICE, SMALL SCALE PD/U (D), (G), (K) -TAKE -OUT SERVICE UP (D), (G), (K) -TAKE -OUT SERVICE, LIMITED PD/U (D), (G), (K) - ACCESSORY P (D), (G), (K) -BARS AND COCKTAIL LOUNGES UP (D), (G), (K) FOOD AND BEVERAGE SALES P (K) - SERVICE STATIONS UP (F), (K) • (K) See Chapter 20.89: Alcoholic Beverage Outlets. • Residential Additional Regulations TEMPORARY USES (A), (B), (C) PERSONAL PROPERTY SALES P (G) REAL ESTATE OFFICES, TEMPORARY L-2 (G) See Section 20.60.120: Personal Property Sales in Residential Districts. tv • Section 20.42.040 (Land Use Regulations Schedule) RSC RMC Additional CULTURAL INSTITUTIONS UP L -5 UP (M) Regulations - -- CLUBS AND LODGES UP - -- (Q) -YACHT CLUBS - -- UP (I), (J), (Q) UP CULTURAL INSTITUTIONS UP L -2 (Q) UP COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H), (Q) PD/U EATING AND DRINKING ESTABLISHMENTS PD/U (F), (J) , (M) -TAKE -OUT SERVICE UP -FULL SERVICE, HIGH TURNOVER UP UP (E), (H), (Q) PD/U -FULL SERVICE, LOW TURNOVER UP UP (E), (H), (Q) P -FULL SERVICE, SMALL SCALE PD/U PD/U (E), (H), (Q) UP -TAKE -OUT SERVICE UP UP (E), (H), (Q) -TAKE -OUT SERVICE, LIMITED PD/U PD/U (E), (H), (Q) - ACCESSORY P P (E), (H), (Q) -BARS AND COCKTAIL LOUNGES UP UP (E), (H), (Q) - SERVICE STATIONS UP -- (G), (Q) (Q) See Chapter 20.89: Alcoholic Beverage Outlets. • Section 20,42,040 (Land Use Regulations h d tl ) RSC RMC Additional Regulations VEHICLE/EQUIPMENT SALES AND RENTALS UP - -- SR RMC RSC Additional CLUBS AND LODGES UP UP UP (E), (M) CULTURAL INSTITUTIONS UP L -5 UP (M) COMMERCIAL RECREATION AND ENTERTAINMENT - -- UP UP (j), (M) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP (F), (J) , (M) -FULL SERVICE, LOW TURNOVER UP UP UP (F), (J) , (M) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (J) , (M) -TAKE -OUT SERVICE UP UP UP (F), (J) , (M) • TAKE-OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (J) , (M) - ACCESSORY P P P (F), (J) , (M) BARS AND COCKTAIL LOUNGES UP UP UP (M) v • 0 FOOD AND BEVERAGE SALES (M) See Chapter 20.89: Alcoholic Beverage Outlets. SR RMC RSC Additional Regulation — P (M) RSC RP R -2 MFR GEIF OS Additional Regulations CLUBS AND LODGES P L -3 L-3 L-3 L4 - -- (0) CULTURAL INSTITUTIONS - -- - -- - -- - -- L4 - -- (0) COMMERCIAL RECREATION AND ENTERTAINMENT EATING AND DRINKING STABLISHMENTS -FULL SERVICE, HIGH TURNOVER -FULL SERVICE, LOW TURNOVER -FULL SERVICE, SMALL SCALE -TAKE -OUT SERVICE -TAKE -OUT SERVICE, LIMITED - ACCESSORY -BARS AND COCKTAIL LOUNGES FOOD AND BEVERAGE SALES UP - -- - -- - -- - -- L -6 (G), (0) UP - -- - -- - -- -- - -- (G), (H), (I), (0) UP (G), (H), (I), (0) PD/U — --- --- (G), (H), (1), (0) UP -- - -- - -- -- - -- (G), (H), (1), (0) PD/U - -- - -- - -- - -- - -- (G), (H), (1), (0) P --- - -- --- P --- (G), (H), (1), (0) UP --- --- --- --- --- (G), (H), (1), (0) P --- --- - -- - -- - -- (0) (0) See Chapter 20.89: Alcoholic Beverage Outlets. Reeulations Schedule) vi RSC RP R -2 MFR GEIF OS Additional Regulations FAIRS AND FESTIVALS P - -- -- P P (K) PERSONAL PROPERTY SALES - -- P P P - -- - -- (0) OUTDOOR STORAGE, TEMPORARY P - -- - -- - -- - -- - -- (M) (0) See Section 20.60.120: Personal Property Sales in Residential Districts. • vi • Section 20.46.030 (Land Use Regulations Schedule) RSC GEIF OS Additional Regulations FAIRS AND FESTIVALS P P P PERSONAL PROPERTY SALES P - -- (I) HELIPORTS, TEMPORARY L -12 L -12 L -12 (I) See Section 20.60.120: Personal Property Sales in Residential Districts. Section 20.46.030 (1,and Use Regulations Schedule) RSC GEIF OS Additional Regulations CLUBS AND LODGES UP - -- - -- (I) CULTURAL INSTITUTIONS UP - -- - -- (j) COMMERCIAL RECREATION AND UP - -- - -- (F), (I) • ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP - -- - -- (F) (G) (I) -FULL SERVICE, LOW TURNOVER UP - -- - -- (F), (G), (I) -FULL SERVICE, SMALL SCALE PD/U - -- - -- (F) (G) (I) -TAKE -OUT SERVICE UP - -- - -- (F) (G) (I) -TAKE -OUT SERVICE, LIMITED PD/U - -- - -- (F), (G), (I) - ACCESSORY P - -- - -- (F), (G), (I) -BARS AND COCKTAIL LOUNGES UP - -- - -- (F), (G), (I) FOOD AND BEVERAGE SALES P - -- - -- (I) See Chapter 20.89: Alcoholic Beverage Outlets. • vii • Section 20,60,030 (A -51 Exceptions: a. Fences, walls, uncovered accessory structures, and hedges shall not exceed a height of 3 feet above the natural grade in all required rear yard setback areas abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels in West Newport. b. Fences, walls, and hedges shall not exceed a height of 5 feet above the natural grade in all required front yard setback areas adjacent to North Bay Front and South Bay Front on Balboa Island and East Bay Front on Little Balboa Island (the upper 2 feet, 6 inches of which must be at least 40 percent open). Section 20.60.030 (Jl J. Bay Windows and Greenhouse Windows. Bay Windows and Greenhouse • Windows shall be permitted to extend into required yards subject to the following restrictions: • 1. No more than 2 bay windows or greenhouse windows on a structure shall be permitted to project into any one setback; and 2. Bay windows and greenhouse windows shall not to exceed 8 feet in width or 10 feet in height within the projection; and 3. Bay windows and greenhouse windows shall be cantilevered and shall not extend to the ground; and 4. The interior surface of bay windows and greenhouse windows shall be elevated a minimum of 18 inches above the adjacent finished floor surface at the required building setback line; and 5. Bay windows and greenhouse windows shall be designed to preclude use as a door or entry; and viii • E • 6. Projection into required yards shall be limited as follows: Required Yard Permitted Additional Setback Extension Regulations Front (4 feet to less than 16 in. 10 ft.): Front (10 ft. or more): Side: Rear: Distance Between Detached Structures: 17i# 2 ft. A minimum side setback yard of 2 feet must be maintained; limited to first floor only. 2 ft. Not permitted when the rear property line abuts an alley. 2 ft. (2) Minor additions to existing buildings, such as the construction of bathrooms, closets and hallways, or the expansion of existing rooms, subject to the floor area limits of Section 20.62.0.040 (D -1 — D -3). (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a modification permit, subject to the floor area limits of Section 20.62.0.040 (D -1 — D -3). B. General Controls. The following parking controls shall apply to the parking or storage of motor vehicles, recreational vehicles, watercraft, and trailers in residential districts: For each dwelling unit there shall be at least 1 covered parking space. 2. Tandem parking up to a maximum of 2 cars in depth shall be permitted. ix . 3. Parking in Required Yards. a. Front Yards. Parking or storage in required front yards shall be prohibited, except on driveways in front of garages that set back a minimum of 19 feet from the front property line. b. Side Yards. Parking or storage in required side yards (behind the rear line of the required front yard) shall be permitted. c. Rear Yards. Parking or storage in required rear yards shall be permitted. d. Structural Encroachments. Structural encroachments in required yards shall only be permitted as provided in Section 20.60.030. 5. Covered parking spaces located on the front one -half of a lot shall have side walls and an operating garage door for access of automobiles. 6. R -1.5 District. Enclosed parking shall be enclosed on all sides by • walls or doors. 7. Parking or storage on the roof of a building in any residential district is prohibited. 8. Parking or storage is prohibited on vacant lots. Section 20.67.035 (1) In the R -A, R -1, R -1.5, R -2, MFR and PRD Districts, as well as PC Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: Section 20.87.025 20.87.025 Massage Establishments As An Independent Use • A massage establishment which operates as an independent use, shall be permitted in the M -1 -A District, RMC, RSC, and APF Districts, commercial areas of PC Districts and commercial areas of the SP -4 (Newport Shores Specific Plan), SP -5 (Mariner's Mile • Specific Plan), and SP -9 (Old Newport Boulevard Specific Plan) Districts, subject to the securing of a use permit approved by the Planning Director in each case, and provided further that such establishment conforms to the following: Section 20.87.025M 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 Director, after a public hearing, may waive any location restriction, if all the following findings are made: Section 20.87.030 20.87.030 Amortization Any massage establishment as defined in this chapter which was lawfully in existence as of the effective date of this chapter (March 25, 1992) which does not comply in whole or in part with the provisions of this chapter, shall be terminated or otherwise be brought into full compliance within 1 year of the effective date of this chapter (March 25, 1992). • For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the Planning Director, upon a showing by the applicant that such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any along term investment in the massage establishment. • Any request for an extension of the 1 year amortization period must be made in writing by the owner of the massage establishment to the Planning Director not later than 60 days prior to the end of the 1 year period provided for in this section. The Planning Director may grant an extension of up to 1 additional year if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant: xi • Section 20.89.040 20.89.040 Authority 11 The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits for alcoholic beverage outlets. Exception. The Planning Director shall have the authority to render decisions on use permits for food and beverage sales establishments totaling more than 10,000 square feet with no more than 10 percent of the gross floor area devoted to alcohol sales and display and for any other off -sale establishment that is applying for or has obtained an ABC license that is limited to the sale of beer and wine only. xri SECTION 1: Title 20 of the City of Newport Beach Municipal Code shall be revised as • provided in Exhibit "A." SECTION 2: 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on September 27, 1999, and adopted on the 25th day of October, 1999, by the following vote, to wit: E AYES, COUNCIL MEMBERS Adams, Glover, Ridgeway, s, O'Neil NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Thomson, yebay UlI Y ULLKIi • 2 • • STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 99-26 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of October, 1999, and that the same was so passed and adopted by the following vote, to wit: Ayes: Adams, Glover, Ridgeway, Noyes and Mayor O'Neil Noes: None Absent: Thomson, Debay Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of October, 1999. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 99 -26 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: October 30, 1999. In witness whereof, I have hereunto subscribed my name this /0 day of N(lu?rh�f(' , 1999. City Clerk City of Newport Beach, California