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Home My WebLink About2002-27 - Code Amendment No. 2002-005 (PA2002-161) – Amends Section 20.45.025 affecting the Central Balboa Specific Plan District (SP#8)ORDINANCE NO. 2002. 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AMENDMENT NO. 2002 -005 WHICH AMENDS SECTION 20.45.025 AFFECTING THE CENTRAL BALBOA SPECIFIC PLAN DISTRICT (SP #S). WHEREAS, as part of the development and implementation of the Newport Beach General Plan, the Land Use Element has been prepared; and WHEREAS, as part of the implementation of the Land Use Element, the City prepared and adopted a Specific Area Plan and implementing ordinances known as the Central Balboa Specific Plan District which establishes planning objectives and development standards for the orderly development of the district; and WHEREAS, since the development of the Central Balboa Specific Plan District, the district has experienced changes both good and bad that have affected the overall quality and image of the district; and WHEREAS, the Balboa Village Business Improvement District has supported the Design Guidelines as a follow up to the Balboa Sign Overlay and the Balboa Village Pedestrian and Streetscape Improvement Plan; and WHEREAS, on August 13, 2002, the City Council initiated the Code Amendment for the Design Guidelines; and WHEREAS, on September 19, 2002, the Planning Commission conducted a public hearing at which the Balboa Village Design Guidelines and Amendment No. 2002 -005 were considered. A notice of time, place and purpose of the public hearing was duly given, and evidence, both written and oral, was duly presented to and considered by the Planning Commission at the public hearing. At the conclusion of said hearing, the Planning Commission recommended several corrections to the Guidelines document and request further public input. The item was continued until October 17, 2002; and WHEREAS, on October 4, 2002, the Promote Revitalization of Our Peninsula committee reviewed and approved the proposed Guidelines incorporating public comments, and WHEREAS, on October 17, 2002, the Planning Commission conducted a public hearing at which the Balboa Village Design Guidelines and Amendment No. 2002 -005 were considered. A notice of time, place and purpose of the public hearing was duly given, and evidence, both written and oral, was duly presented to and considered by the Planning Commission at the public hearing. At the conclusion of said hearing, the Planning Commission adopted written findings and recommended that the City Council adopt the Balboa Village Design Guidelines and Amendment No. 2002 -005; and WHEREAS, pursuant to Section 20.94, the City Council held a noticed public hearing on September 24, 2002 to consider Balboa Village Design Guidelines and Amendment No. 2002 -005; and WHEREAS, the City Council believes that the Balboa Village Design Guidelines should be adopted and used as a planning guide for future development of the district. Additionally, Amendment No. 2002 -005 properly implements the proposed land use and development policies contained in the Central Balboa Specific Plan District and are necessary for said implementation, and makes the following additional findings: 1. General Plan Land Use Element Policy F states that the development and maintenance of suitable and adequate development standards including landscaping, sign control, site and building design, parking and undergrounding of utilities to insure that the beauty and charm of existing residential neighborhoods is maintained, that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses and consistent with the public health, safety and welfare. The Design Guidelines and the implementing ordinance establish suitable design standards and land use objectives which are based upon sound urban planning principles with the intent to improve overall site and building design without unjustly limiting private property rights or the flexibility of owners to design projects appropriate for their individual properties. The proposed Design Guidelines and implementing ordinance are therefore consistent with this development policy. 2. General Plan Land Use Element Policy L states that, "The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities." The underlying purpose of the Balboa Village Design Guidelines is to improve the district to better reflect the prosperity and quality image of the City and to make the Balboa Village area a more vibrant part of the community. The Design Guidelines and implementing ordinance accomplish this goal and appropriately enhance the development standards without unjustly limiting private property rights or the flexibility of owners to design projects appropriate for their individual properties. The proposed Design Guidelines and implementing ordinance are therefore consistent with this development policy. 3. The amendment affects general development standards and will not increase the development intensity nor change building height limits, which could potentially affect the environment. The project does not authorize any specific development, but rather establishes new design guidelines and a process to implement them. Future development projects guided by the proposed Design Guidelines will be required to be evaluated for potential environmental effects in accordance with CEQA and necessary mitigation measures applied as necessary. Therefore, the proposed project has been determined to be Categorically Exempt pursuant to Section 15305 (Class 5, Minor Alterations in Land Use Limitation) of the California Environmental Quality Act Implementing Guidelines. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 20.45.025 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 October 22, 2002, and adopted on the 12th day of November 2002, by the following vote, to wit: Heffernan, O'Neil, Bromberg, AYES, COUNCIL MEMBERS Glover, Proctor, Mayor Ridgeway NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Adams ATTEST: y4r (�w M - Lja--t&19 CITY CLERK t MAYO Exhibit "A" CHAPTER 20.45 SPECIFIC PLAN DISTRICT #S CENTRAL BALBOA ..... _. .. _. ... .... .. _ .; .. ;.. :. .. :. Y- !. _ .. _ ........... _ _ • . 1.. _ .. .. _ - _ _ ............. I.- COMMWmCl F.M19 _.__ _.h_ h F___ public ^M°ers 6hould be designed rn ewe ._ -_ al inteFest and a sdesWia ale along street Fen �f nade nd a 6a ___ __ elat:n s6:n bom,98fl- buildings. o ,falls abutting edesMan walkways eF of sommemial areas should be PFknaF45'AQA FOPOG l..e nlas.. aii .ding Of n.e.e6and:se and stn.a .•.:thin 6....:.1 large blapilEwalls and long stretches of walls ... itbmmt ... indo ... R- Revised: Section 20.45.025 Development Plan Review Required. A. General. The City Council finds, determines and declares that the preservation and enhancement of the Balboa Village area through the consistent application of sound urban design principles and the promotion of thoughtful and tasteful design while allowing creative flexibility as described in the Design Guidelines is desirable. Therefore, any development, reconstruction and remoldeling shall be reviewed for consistency with adopted design principles contained within the Balboa Village Design Guidelines in order to implement the goals and objectives of the Design Guidelines and Specific Plan District and to preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. 1. To assure that development of properties in the Specific Plan area will not preclude attainment of the General Plan and Specific Plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Balboa Village where adverse effects could result from inadequate and poorly planned buildings and landscaping and from the failure to preserve, where feasible, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. 3. To ensure that the public benefits derived from expenditures of public funds for improvement and beautification of streets and public facilities within the Specific Plan area shall be protected by the exercise of reasonable controls over the layout and site location and design characteristics of private buildings, structures and open spaces. 4. To maintain a pedestrian environment and compatibility with prominent landmarks and existing development. 5. To promote the maintenance of superior site location characteristics adjoining Balboa Boulevard, a thoroughfare of city wide importance; to ensure that the community benefits from the commercial use; the natural assets such as the harbor and ocean; and to preserve and protect the property values in said areas. B. Application. Development Plan review and approval shall be obtained from the Planning Director prior to the issuance of a building permit for any exterior work for any new building to be constructed, or any existing building to be reconstructed or remodeled, or initiation of landscaping or lighting installation. An application for a Development Plan shall be filed in a manner consistent with the requirements contained in Chapter 20.90, Application Filing and Fees. C. Review. The Planning Director, or his/her authorized representative, shall review any plans, applications or other information for consistency with the adopted Balboa Village Design Guidelines and other applicable ordinances and policies. The Planning Director shall approve a Development Plan only if the project is found to be consistent with the Design Guidelines and applicable ordinances and policies. The Planning Director shall have the discretion to refer any Development Plan to the Planning Commission for consideration and decision. 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. 2002 -27 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 12th day of November 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Glover, Proctor, Mayor Ridgeway Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of November 2002. (Seal) /2(ez L2 qj rn % 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. 2002 -27 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: November 16, 2002. In witness whereof, I have hereunto subscribed my name this. °,�'(TCiv day of Yi yn� 2002. a(M M , ,?,& � City Clerk City of Newport Beach, California