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HomeMy WebLinkAbout96-78 - Newport Place Planned CommunityRESOLUTION NO. 96 -78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NE «PORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY TEXT TO ADD `INSTRUCTIONAL DANCE FACILITY FOR ADULTS AND RELATED RETAIL USES' TO THE LIST OF `RETAIL COMMERCIAL' USES FOR • NEWPORT PLACE WHEREAS, Section 20.51.045 of the Newport Beach Municipal Code governs amendments to a planned conununity development plan; and WHEREAS, On May 17, 1996: a application was submitted to the City requesting that the City redesignate the land use classification that property in the Newport Place Planned Community commonly referred to as "MacArthur Square" from "Retail Commercial Site 1" to "General Commercial Site No.6" in order to establish thereon an instructional dance facility for adults (along with related retail uses) as well as a children's gymnasium: and WHEREAS, The Planning Commission has conducted public hearings on June 20, 1996, July 18, 1996, and August 22, 1996, at which time the Planning Commission discussed and approved the requested redesignation; and WHEREAS, it has been determined that, if approved, the redesignation of Mac Arthur Square from "Retail Commercial Site 1" to "General Commercial Site No. 6" would allow the establishment, operation and maintenance of a children's oriented land use within close proximity to an adult oriented business; and WHEREAS, studies have demonstrated that adult oriented businesses create undesirable secondary effects which are inconsistent with the establishment and maintenance of child oriented land uses in close proximity to the adult oriented businesses; and WHEREAS, the City Council finds that the establishment of a children's gym, as proposed, would be inconsistent with the operation of an existing adult oriented business due to the close proximity of a child's gym, as proposed, to the adult oriented business; and •WHEREAS, the City Council finds that, although an instructional dance facility for adults and related retail uses would not currently be considered a pemnitted use on site designated by the Newport Place Community Text as "Retail Commercial ", such a use is not inconsistent Res. 96 -78 with the policy supporting the creation of a retail commercial land use for the Newport Place Planned Community; and WHEREAS, the City Council desires to amend the Newport Place Planned Community Text in order to add to the list of "Retail Commercial" uses "Instructional Dance Facilities For • Adults and Related Retail "' and WHEREAS, the City has determined that the proposed amendment is exempt under Class 5 (Minor Changes to Land Use Limitations) in the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines; and WHEREAS, an amendment to the list of uses in the Retail Commercial District is necessary to allow instructional dance facilities for adults with related retail uses within the "Retail Commercial" sites of the Newport Place Planned Community; and WHEREAS, without the adoption of this amendment to the list of permitted uses on property designated as "Retail Commercial," allowing instructional dance facilities with related retail uses on property designated Retail Commercial would violate the City Council's policy of prohibiting land uses which are inconsistent with the zoning regulations for the property upon which the use is proposed. NOW, THEREFORE, the City Council of the City of Newport Beach HEREBY RESOLVES AS FOLLOIVS: Section 1: The City Council hereby approves Amendment No. 849 to add to the list of "Retail Commercial" land uses contained on pages 31 -32 of the Newport Place Planned Community Text such that the list of permitted uses reads as follows: E. Retail Commercial uses such as: 1. Restaurants, including outdoor, drive -in or take -out restaurants shall be permitted subject to the securing of a use permit except as noted under "a" and "b" below: • a. Restaurants, other than outdoor, drive -in or take -out restaurants, shall be permitted in Retail- Conunercial Site 1 without a use permit provided that the net floor area of all restaurant uses does not exceed 20% of the net floor area of the retail- commercial center. 2 Res. 96 -78 B. Outdoor. drive -in or take -out restaurants shall be designed and located so as to be an integral element of the retail - commercial center and shall not be permitted as a freestanding independent use in any case. 2. Barber shop and beauty parlor • 3. Book and stationery store 0 4. Blueprinting and photostatics 5. Camera shop 6. Delicatessen store 7. Florist 8. Shoe store or repair shop 9. Tailor 10. Tobacco store 11. Office equipment retail and repair 12. Pharmacies 13. Tourist information and travel agencies and ticket reservation services. but not to include any airline terminal services or facilities for the transport of passengers, baggage or freight 14. Instructional dance facility for adults and related retail sales . Subject to a use permit. 15. Other uses similar to the above list APPROVED AND ADOPTED this 9th day of September, 1996. ATTEST: 6-�ilul_ m lip City Clerk 3 Mayor