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HomeMy WebLinkAbout2006-24 - Approving an Amendment to Title 17 and 20 of the Newport Beach Municipal Code Relating Land Use Regulations and Parking Requirements for Marine Charters (Code Amendment 2006-006)ORDINANCE NO. 2006-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 17 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING LAND USE REGULATIONS AND PARKING REQUIREMENTS FOR MARINE CHARTERS [CODE AMENDMENT NO. 2006-0061 WHEREAS, on September 26, 2006, the City Council initiated amendments to Title 17 and Title 20 of the City of Newport Beach Municipal Code to revise land use regulations and parking requirements for marine charters; and WHEREAS, a public hearing was held on October 19, 2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting; and WHEREAS, on February 14, 2006, the City Council adopted new permit procedures for regulating commercial activities on Newport Harbor, in part, to consolidate charter regulations to establish a single regulatory authority within the City for commercial operations on Newport Harbor, and .WHEREAS, current land use and parking regulations relating to marine uses are contrary to the goal of establishing a single regulatory authority for Harbor commercial activities; and WHEREAS, the proposed action is not defined as a project under the . California Environmental Quality Act (CEQA) because it involves general policy and. procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 17 and Title. 20 of the Newport Beach Municipal Code shall be amended 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 EXHIBIT A Section 17.10.050 17.10.050 Issuance of Pen-nit. Upon receipt of a complete application for commercial harbor activities permit, the Harbor Resources Manager shall investigate the information contained in the application. The Harbor Resources Manager shall refer the application to the Planning Department to verify that all of the applicable Zoning Code regulations or conditions have been addressed or complied with and Public Works to insure safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies. The Harbor Resources Manager may also refer the application to the Harbor Commission, other appropriate City departments, or to the Orange County Sheriffs Harbor Patrol for investigation, report or recommendation. The Harbor Resources Manager may inspect, or cause to be inspected, the vessel(s), marine sanitation device(s) of the vessel(s); boarding facilities, parking and all upland support facilities listed in the application. The Harbor Resources Manager shall notify applicant of his decision in writing within ninety (90) days from the date on which a completed application is received. Except as provided in this section, the Harbor Resources Manager may issue the commercial activities permit upon a determination.that approval of the application will not adversely affect the health, safety or welfare of those who use, enjoy, or own property near Newport Harbor. The Harbor Resources Manager shall approve the application unless: A. The proposed commercial activity is likely to create noise which would adversely affect use or enjoyment of the waters of.Newport Harbor by members of the public, or interfere with the rights of those. who own property near the waters of Newport Harbor to the peaceful and quiet enjoyment of that property; B. The proposed commercial activity is likely to contribute to the problem of pollution and litter on and in the waters of Newport Harbor; C. The vessel or craft to be used by the applicant does not satisfy the applicable standards of the United States Coast Guard, or City, County, State or Federal requirements of law; D. The proposed commercial activity is likely, when viewed in conjunction with. other anticipated charters and marine operations, to create a hazard to safe navigation; or otherwise interfere with the rights of others :to use .the waters of Newport Harbor; EXHIBIT A CA 2006-006 E. The proposed commercial activity does not provide facilities to ensure adequate parking, safe vehicular ingress and egress, and the safe loading and unloading of passengers and supplies for the period subject to permit. For the purpose of this section, parking shall not be considered adequate unless the number of parking spaces required by Chapter 20.66 of this code are provided for the duration of the permit and will be available during the days and hours of operation specified. by the permit and that any off -site parking arrangements have been approved by the Planning Commission or the Planning Director; F. The commercial activity would violate City, County, State or Federal requirements of law; G. The applicant has misrepresented material facts in the application; H. The proposed commercial activity does not provide uplands support, docking or boarding facilities sufficient to safely accommodate the size of vessel(s) or number of passengers indicated on the application; I. The proposed commercial activity includes an upland use that requires a use permit or other approval under the City Zoning Code, and such. permit has not been obtained; J. The applicant has a permit which is currently revoked or has been revoked or suspended, or a notice of revocation or suspension no longer subject to appeal has been issued within the past ninety (90) days. .(Ord. 2006 -3 § 2 (part), 2006) Section 20.05.050 Q. Marine Sales and Services. 1. Boat Rentals and Sales. Establishments engaged in the rental, or sale of boats or ships, including storage and incidental maintenance. This 'classification includes establishments engaged in the sale or rental of personal watercraft, such as canoes, kayaks, and jet -skis, but does not include Entertainment and Excursion Services. EXHIBIT A CA 2006-006 2 2. Boat Storage. storage of operative or inoperative boats or ships. 3. Boat Yards. construction and repair of boats or ships, including the sale, installation, and servicing of related equipment and parts. 4. Entertainment and Excursion. Services. Establishments providing vessels engaged in the carrying of passengers for hire for the purposes of entertainment or excursions, including fishing, whale watching, diving, educational activities, harbor and coastal tours, dining /drinking, business or social special events and entertainment. 5. Marine Service Stations. Establishments engaged in the retail sale of gasoline, diesel, and alternative fuels, lubricants, parts, and accessories for boats or ships. 6. Marine Retail Sales. Establishments providing supplies and equipment for shipping or related services, or pleasure boating. Sections 20.15.020, 20.20.020, 20.41.070, 20.42.040 (B), 20.43.040 (B), 20.45.030 (B), 20.46.030 (B) Revise land use regulation schedules to change "Boat Charter, Rental, and Sales" to "Boat Rental and Sales." Add Entertainment and Excursion Services with the following land use regulation: Permitted, provided operations have first secured a marine activities permit issued by the Harbor Resources Director (see Chapter 17.10 of the Municipal Code). 20.66.020 Basic Requirements for Off - Street Parking and Loading A. When Required. At the time of initial occupancy of a site, construction of a structure or alteration or enlargement of a site or structure. EXHIBIT A CA 2006.006 3 B. On -site Parking Required. Permanent parking shall be located on the same parcel as the uses served, except for the following: 1. Townhouses and multi - family uses, where the parking is located on another parcel within the same development site and within 200 feet of the units they are intended to serve. 2. With the approval of an off -site parking arrangement pursuant to Section 20.66.080: Off -site Parking. C. Permanent Availability Required. Each parking and loading space shall be permanently available, marked, and maintained .for parking or loading purposes for the use it is intended to serve. The Planning Director may authorize the temporary use of a parking or loading space in conjunction with a seasonal or intermittent use for a period of not more than 30 days. D. Nonconforming Parking or Loading. Land uses and structures which are non- conforming due solely to the lack of off - street parking or loading facilities required by this chapter, shall be subject to the provisions of Section 20.62.060: Nonconforming Parking. E. Calculation of Spaces Required. 1. Fractional parking space requirements shall be rounded up to the next whole space. 2. Fractional loading berth requirements shall be rounded down to the.next whole space, and no berth shall be required for a fraction less than one. 3. Where bench seating or pews are provided, 18 linear inches of seating shall be considered to constitute a seat. 4. References to spaces per square foot are to be calculated on the basis of gross floor area unless otherwise specified. 5. References to spaces per employee are to be.calculated on the basis of peak employment. 6. "Net Public Area" shall be defined as the total area of Eating. and Drinking Establishment or Cabarets and Nightclubs, excluding kitchens, restrooms, offices pertaining to the use only, and storage areas. -- - - - EXHIBIT A CA 2006.006 4. 7. References to spaces per occupant are to be calculated on the basis of maximum occupancy approved by the City of Newport Beach Fire Department. F. Spaces Required for Multiple Uses. If more than one use is located on a site, the number of off - street parking spaces and loading berths to be provided shall be equal to the sum of the requirements prescribed for each use. 20.66.080 Offsite Parking A. Application. An application to allow required off- street parking on a parcel filed in a manner consistent with the requirements contained in Chapter 20.90: Zoning Administration. B. Authority. The Planning Commission . shall have authority to approve off -site parking agreements. C. Required Notice. 1. Mailed or Delivered Notice. At least 10 days prior to the decision on the application; notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively; from such other records as contain more recent addresses.. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Contents of Notice. The notice of the proposed application shall contain: a. A description of the location of the project site and the purpose of the application; b. A statement of the purpose of the decision; C. A reference to application. materials on file for detailed information; d. A statement rights of appeal. EMBIT A CA 2006006 D. Required Findings. 1. Such lot is so located as to be useful in connection with the proposed use or uses on the site or sites. 2. Parking on such lot will not create undue traffic hazards in the surrounding area. 3. Parking is permanently available, marked, and maintained for the use it is intended to serve.. E. Recordation. Upon approval by the Planning Commission, a permanent covenant shall be recorded with the County Recorder. The agreement shall be approved by the Planning Director and as to form by the City Attorney and a copy shall be filed with the Planning. Department. F. Marine Activities. Provided the findings in Section 20.66.080 (C) are made, the Planning Director shall have authority to approve temporary off -site parking for uses requiring marine activities permits (see Chapter 17.10 of the Municipal Code) for the duration of the permit or a period not more than one year, whichever is less. Decisions of the Planning Director may be appealed to the Planning Commission, as provided in Chapter 20.95. Notice shall be required pursuant to Section 20.60.080 (C). G. Loss of Off -site Parking. 1. Notification of City. The owner or operator. of a business that uses approved off -site spaces to satisfy the parking requirements of this Chapter shall immediately notify the Planning Director of any change of ownership or .use of the property where the spaces are located, or of the property.for which the spaces are required, and of any termination or default of the agreement between the parties. 2. Effect of Termination of Agreement. Upon notification that the agreement for the required off -site parking has terminated, the Planning Director shall establish a reasonable time in which one of the following shall occur: a. Substitute parking is provided that is acceptable to the Director; or EXHIBITA CA 2006 -W 6 b. The size or capacity of the use is reduced. in proportion to the parking spaces lost. 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 November 14, 2006, and adopted on the 28th day of November, 2006, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS Selich, Rosanskv, Ridgeway, Daigle_ Nichols Mm�znr wahh NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Curry MAYOR 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. 2006 -24 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 28th day of November 2006, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb Noes: None Absent: Curry Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of November 2006. (Seal) <Fa / A� !' City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2006 -24 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: December 2, 2006. In witness whereof, I have hereunto subscribed my name this 13M day of OeceA 2006. City Clerk City of Newport Beach, California