HomeMy WebLinkAbout2014-16 - RESCINDED - SEE 2015-35 - Approving Zone Code Amendment No. CA2012-003 for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-031)ORDINANCE NO. 2014 -16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING ZONE CODE AMENDMENT
NO. CA2012 -003 FOR THE FORMER CITY HALL COMPLEX
LAND USE AND ZONING AMENDMENTS LOCATED AT
3300 NEWPORT BOULEVARD AND 475 32ND STREET
(PA2012 -031)
WHEREAS, On April 24, 2012, the City of Newport Beach initiated amendments of the
General Plan, Coastal Land Use Plan, and Zoning Code with respect to the former City Hall
Complex (the "Property "), legally described in Exhibit "A ", located at the northeast corner of
the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and 475
32nd Street. The amendments are generally described as follows:
a. General Plan Amendment No. GP2012 -002 - The amendment includes a text
and map change to replace the existing Public Facilities (PF) designation for the
Property with a new mixed -use land use category (MU -115) and establish density and
intensity limits within Table LU -2 of the Land Use Element by establishing a new
anomaly location.
b. Coastal Land Use Plan Amendment No. LC2012 -001 - The amendment
includes a text and map change to replace the existing Public Facilities (PF) designation
for the Property with a new mixed -use land use category (MU) and establish density and
intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change
to Policy 4.4.2 -1 to establish the policy basis for higher height limits.
C. Zone Code Amendment No. CA2012 -003 - The amendment includes a text and
map change to replace the existing Public Facilities (PF) zoning designation for the
Property with a new zone MU -LV designation (Mixed- Use -Lido Village) to establish
density and intensity limits consistent with the proposed General Plan amendment.
Development standards and allowed uses would also be established.
WHEREAS, An application was filed by R.D. Olson Development ( "Applicant') with
respect to a portion of the Property located at the northeast corner of the intersection of
Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the
City (3300 Newport Boulevard), requesting approval of a site development review, conditional
use permit, and traffic study for the development and operation of a luxury, 130 -room hotel that
would include, as originally proposed, 99,625 square feet of building area comprised of
guestrooms, public areas, and back of house (operational) areas (the Lido House Hotel). The
following approvals are requested or required in order to implement the Project as proposed:
a. Site Development Review No. SD2014 -001- A site development review
application for the development of a luxury, 130 -room hotel called the "Lido House
Hotel' and all appurtenant facilities including landscaping, parking, and public open
space along Newport Boulevard and 32nd Street. Redevelopment of the Property
includes the demolition of all structures on -site at 3300 Newport Boulevard but no
demolition of Fire Station No. 2 and its appurtenant facilities. The project would include
the provision of necessary utility connections to serve the proposed project and public
improvements fronting the project site along Newport Boulevard and 32nd Street.
b. Conditional Use Permit No. UP2014 -004 - A Conditional Use Permit for the
operation of the proposed hotel and accessory /ancillary uses including the sale of
alcoholic beverages and the establishment of on -site parking management including the
use of valet parking services. Accessory and ancillary uses to the hotel include, but are
not limited to, retail uses, restaurants and bars, meeting rooms, day spa facilities
including massage, and guest recreational areas.
G. Traffic Study No. TS2014 -005 - A traffic study pursuant to Chapter 15.40
(Traffic Phasing Ordinance) of the Municipal Code.
WHEREAS, On June 5, 2014, the Planning Commission held a study session for the
project in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the
DEIR and Project.
WHEREAS, On July 17, 2014, the Planning Commission was scheduled to conduct a
public hearing for the project. However, to provide the public additional opportunity to review
the staff report, the item was continued to August 7, 2014. The August 7, 2014 was
canceled, so a special meeting was conducted on August 11, 2014.
WHEREAS, The Planning Commission held a public hearing on August 11, 2014, in the
City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the Newport Beach Municipal Code ( "NBMC "). The environmental documents for the
Project comprising the DEIR, Final Environmental Impact Report ( "FEIR ") which consists of
Responses to Comments, and Mitigation Monitoring and Reporting Program ( "MMRP "), the
draft Findings and Facts in Support of Findings (Findings), Errata, staff report, and evidence,
both written and oral, were presented to and considered by the Planning Commission at
these hearings.
WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No.
1952 by a vote of 5 -0 recommending certification of the Lido House Hotel Final EIR
(Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014 -003, SCH
No. 2013111022) the Former City Hall Amendments (PA2012 -031) and Lido House Hotel
(PA2013 -217).
WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No.
1953 by a vote of 5 -0 recommending and approval of the Former City Hall Amendments
(Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012 -031) without
a mixed - use /residential component and approval of the Lido House Hotel (PA2013 -217).
WHEREAS, The City Council held a public hearing September 9, 2014, in the City Hall
Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the
time; place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NBMC. The environmental documents for the Project comprising the Final EIR,
including the Responses to Comments and Errata (revisions) to the Draft EIR, and the
Mitigation, Monitoring and Reporting Program, staff report, and evidence, both written and
oral, were presented to and considered by the City Council at the scheduled hearing, as the
decision- making body of the lead agency, for certification as having been completed in
compliance with the provisions of CEQA and State and local guidelines implementing CEQA.
WHEREAS, The Lido House Final Environmental Impact Report No. ER2014 -003 (SCH
No. 2013111022) was prepared for the Project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3.
By Resolution No. 2014 -80, the City Council, having final approval authority over the Project,
adopted and certified as complete and adequate the Lido House Final Environmental Impact
Report No. ER2014 -003 (SCH No. 2013111022), and adopted "Mitigation Monitoring and
Reporting Program ". Resolution No. 2014 -80 is hereby incorporated by reference.
WHEREAS, Zoning Code Amendments are legislative acts and neither the City
Municipal Code nor State Planning Law set forth any required findings for either approval or
denial of such amendments, unless they are determined not to be required for the public
necessity and convenience and the general welfare.
WHEREAS, The proposed code amendment is consistent with the goals and policies of
the Newport Beach General Plan and Coastal Land Use Plan. The City Council concurs with
the conclusion of the consistency analysis of the proposed project with these goals and
policies provided in the FEIR.
WHEREAS, The proposed code amendment is consistent with the proposed General
Plan Amendment No. GP2012 -002, and Coastal Land Use Plan Amendment No. LC2012-
001, and provides appropriate use and development standards for the redevelopment of the
former city hall site with the proposed Lido House Hotel.
WHEREAS, The site is located in proximity to commercial services, recreational uses,
and transit opportunities with routine bus service provided along Newport Boulevard. The
proposed Code Amendment provides for variety of land uses for the site consistent with
GP2014 -002, including a luxury hotel that will to promote revitalization of the Lido Village
area while ensuring neighborhood compatibility. The proposed hotel will serve visitors and
residents and increase access opportunities in the Coastal Zone.
WHEREAS, Pursuant to CEQA Guidelines Section 15091, the City Council has
reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as adopted
in City Council Resolution No. 2014 -80, entitled "Findings and Facts in Support of Findings
for the Lido House Hotel, Final Environmental Impact Report, State Clearinghouse
No. 2013111022, which findings shall be incorporated herein by reference.
NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "MU -LV" Zoning District within Table 1 -1 as follows with all other existing
provisions of Section 20.14.020 and Table 1 -1 remaining unchanged.
Table 1 -1 Mixed -Use Zoning Districts
MU-V
Mixed -Use Vertical
MU -V
Mixed -Use Vertical
MU -MM
MU -DW
Mixed -Use
MU -H
Mixed -Use
MU -CV /15th Street
MU -LV
MU-W1
Mixed -Use Water
MU -W
Mixed -Use Water - Related
MU -W2
Section 2: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to
change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF (Public
Facilities) to MU -LV (Mixed -Use — Lido Village) and establish Anomaly #85 as depicted in
Exhibit "B ". All related zoning maps or diagrams shall be amended to maintain consistency
with the new zoning district. Additionally, any maps or diagrams within Zoning Code that label
the site as "City Hall," said label shall be removed from the Zoning Map and labeling the site
of the new City Hall located at 100 Civic Center Drive as "City Hall" on any Zoning Map or
diagram is authorized.
Section 3: Amend Section 20.22.010 (Purposes of Mixed -Use Zoning Districts) to
add Subsection G as follows with all other existing provisions of Section 20.20.010 remaining
unchanged:
G. The MU -LV (Mixed -Use - Lido Village) zoning district. This district applies to the former
City Hall complex located at the northeast corner of the intersection of Newport
Boulevard and 32nd Street. The MU -LV designation provides for the horizontal or
vertical intermixing of commercial, visitor accommodations, and /or civic uses. Civic
uses may include a community center, public plazas, fire station and /or public parking.
Section 4: Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts
Land Uses and Permit Requirements) to add allowed uses and establish permit requirements
for the MU -LV zoning district within Table 2 -9 as highlighted in Exhibit "C" with all other
existing provisions of Section 20.20.020 remaining unchanged.
Section 5: Amend 20.22.030 (Mixed -Use Zoning Districts General Development
Standards) to add development standards for the MU -LV zoning district within Table 2 -11 as
highlighted in Exhibit "D" with all other existing provisions of Section 20.20.030 remaining
unchanged.
Section 6: 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,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
in the official newspaper of the City, and the ordinance shall become final and effective upon
the effective date of approval by the California Coastal Commission of the Coastal Land Use
Plan Amendment (LC2012 -001).
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the gch day of September, 2014, and adopted on the 23`d day of
September, 2014, by the following vote, to -wit:
AYES, COUNCILMEMBERS Petros, Mayor Hill, Daigle, Selich
Gardner, Curry
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
RECUSED COUNCILMEMBER Henn
RUSH N. HILL, II, MA
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITYATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY r ���
BE
EXHIBIT "A"
Legal Description
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE
DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH
THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431
OF "LANCASTER'S ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED
IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY
PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY
LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH
461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS
SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF
SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF
SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER
OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID
NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT
CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 I DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID
OFFICIAL RECORDS.
PARCEL2:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S
ADDITION TO NEWPORT BEACH ", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE
14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS
32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE
ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR
DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN
BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH
27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE
NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S
ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON"
Posted oNine: 512812013
In
TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK "A "; THENCE SOUTHERLY
ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN
BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED
BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A
CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH
0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET;
THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF
SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE
OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907,
AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH
89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3,
A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH
COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA.
PARCEL 4:
THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN
BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH
0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST
SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF
OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT
OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE
OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH
89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30"
EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 5:
LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT
BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA
Posled online: 52&2013
-7-
Exhibit "B"
Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the
zoning district of 3300 Newport Boulevard and 475 32nd Street and establish
Anomaly #85 as follows.
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Anomaly
Development
Limits
Development Limit
Additional Information
Number
Other
Accessory commercial floor area is
allowed in conjunction with a hotel and it
85
98,725 sf of hotel
is included within the hotel development
limit. Municipal facilities are not restricted
or included in any development limit.
Posted online'. 5282013
W
ORDINANCE NO. 2014 -16
Exhibit "C"
Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses
and Permit Requirements) to add allowed uses and establish permit requirements for
the new MU -LV zoning district within Table 2 -9 highlighted as follows:
TABLE 2 -9
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed -Use Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit (Section 20.52.020)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
MU -W1 (5)(6)
MU -W2
MU -LV
Specific Use Regulations
See Part7 ofthistitle for land use definitions.
See Chapter 20.12 for unlisted uses.
Industry Manufacturing and Processing, Warehousing Uses
Handicraft Industry
P
P
P
Industry, Marine - Related
P
P
—
Research and Development
P
P
—
Recreation, Education and Public Assembly Uses
Assembly /Meeting Facilities
Small -5,000 sq. ft. or less (religious assembly may be larger
than 5,000 sq. ft.)
CUP
CUP
MUP
Commercial Recreation and Entertainment
CUP
CUP
P
Cultural Institutions
P
P
—
Parks and Recreational Facilities
CUP
CUP
P
Schools, Public and Prwite
CUP
CUP
Residential Uses
Single -Unit Dwellings
Located on lot floor
—
Located above 1st floor
P (1)
P (2)
—
Section 20.48 130
Multi -Unit Dwellings
Located on 1st floor
—
—
—
Located above 1st floor
P (1)
P (2)
--
Section 20.48 130
Two -Unit Dwellings
Located on let floor
—
Located above tat floor
P (1)
P (2)
—
Home Occupations
P
P (2)
—
Section 20.48 110
Care Uses
Adult Day Care
Small (6 or fewer) P P —
Child Day Care -
Small IS or fewer)
P
P
—
Section 20.48.070
Day Care, General
—
I MUP
--
Section 20.48 070
Posted onlinei 5/28/2013
In
ORDINANCE NO. 2014 -16
TABLE 2 -9
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed Uses Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit (Section 20.52.020)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed "
Land Use
MU -W1 (5)(6)
MU -W2
MU -LV
Specific Use Regulations
See Part 7 of this title for land use definitions.
See Chapter 20.12 for unlisted uses.
Retail Trade Uses
Alcohol Sales (ofl -sale)
MUP
MUP
MUP
Section 20.48.030
Alcohol Sales (off - sale), Accessory Only
P
P
P
Marine Rentals and Sales
Boat Rentals and Sales
P
P
P
Marine Retail Sales
P
P
P
Retail Sales
P
P
P
VisitorSerNng Retail
P
P
P
Service Uses — Business, Financial, Medical, and Professional
ATMs
P
P
P
Emergency Health Facilities /Urgent Care
—
P
—
Financial Institutions and Related Services (above 1st floor only)
P
P
P
Financial Institutions and Related Seances (1st floor)
—
—
p
Offices—Business
P
P
P
Offices Medical and Dental (above tat floor only)
—
P
Offices—Procession
P
P
—
Service Uses— General
Animal Retail Sales
MUP
MUP
—
Section 20.48.050
Artists' Studios
P
P
P
Eating and Drinking Establishments
Accessory Food Service (open to public)
P
P
P
Section 20.48.090
Fast Food (no late hours) (3)(4)
P /MUP
P /MUP
P;MUP
Section 20.46.090
Fast Food (with late hours) (3)
MUP
MUP
MUP
Section 20.48.090
Food Service (no alcohol, no late hours) (3x4)
P /MUP
P /MUP
P /MUP
Section 20.48.090
Food Service (no late hours) (3)
MUP
MUP
MUP
Section 20.48.090
Food Service (with late hours) (3)
CUP
CUP
CUP
Section 20.48.090
Take-0ut Service Limited (3) (4)
P /MUP
P /MUP
P /MUP
Section 20.48.090
Health /Fitness Facilities
Small -2,000 sq. ft. or less
P
P
P
Maintenance and Repair Services
P
P
P
Marine Services
Boat Storage
CUP
CUP
--
Boat Yards
CUP
CUP
--
Entertainment and Excursion Services
P
P
—
Marine Service Stations
CUP
CUP
—
WaterTransportationServices
P
P
Personal Services
Massage Establishments
MUP
MUP
MUP
Chapter 5.50
Section 20.48.120
Massage Services, Accessory
MUP
MUP
MUP
Section 20 48.120
Nail Salons
P
P
P
Personal Services, General
P
P
P
Personal Services, Restricted
MUP
MUP
—
Smoking Lounges
Posted online: 5/28 12013
-10-
ORDINANCE NO. 2014 -16
TABLE 2 -9
ALLOWED USES AND PERMIT
REQUIREMENTS
Mixed4lse Zoning Districts
Permit Requirements
P
Permitted by Right
CUP
Conditional Use Permit (Section 20.52.020)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed'
Land Use
MU -Wt (5)(6)
MU -W2
MU -LV
Specific Use Regulations
See Part7 of this Utie for land use definitions.
See Chapter 20.12for unlisted uses.
Visitor Accommodations
Hotels, Motels, Bed and Breakfast Inns, and Time Shares CUP CUP CUP
Transportation, Communications, and Infrastructure
Parking Facilities
MUP
MUP
MUP
FI-
Communication Facilities
P
P
P
Heliports and Helistops (7)
CUP
CUP
—
Madnas
Title 17
Manna Support Facilities
MUP
MUP
—
Utilities, Minor
P
P
P
Utilities, Major
CUP
CUP
CUP
Wireless Telecommunication Facilities
Chapter 15.70
Other Uses
Accessory Structures and Uses
MUP
MUP
MUP
Outdoor Storage and Display
MUP
MUP
MUP
Section 20.48.140
Personal Property Sales
P
P
P
Section 20.48.150
Speclal Events
Chapter 11.03
Temporary Uses
LTP LTP I LTP Section 20.52.040
Uses Not Listed. Land uses thatare not listed in the table above, orare notshown in a particularmning district, are not allowed, exceptas otherwise provided by
Section 20.12.020 (Rules of lnterpretallon).
(1) Mayonly be located on lots with am inim um oftwo hundred (200) lineal feet offrontage on Coast Highway. Refer to Section 20.48.130 (Mixed -Use Projects) for
addi8onal developmentstandards.
(2) Mayonly be located above a commercial use and note parking use. Refer to Section 20.48.130(Mbed- Use Projects) for additional development standards.
(3) Late Hours. Facilities with late hours shall mean facilities that offer service and are open ro the public past 11:00 p.m. any dayof the week.
(4) Peonitted or Minor Use Permit Required.
a. Am lnor use perm it shall be required for any use located within five hundred (500) feet property line to property line, of any residential wring district
b. Am i nor use permit shall be required for any use that maintains late hours.
(5) Approval ofa minor site development review, in compliance with Section 20.52. 080, shall be required prior to any development fe ensure that the uses are fully
Integrated and that polen8al Impacts from their differing activities are fully mitigated.
(6) Aminimum of fifty (50) percent of the square footage of am bred -use development shall be used for nonresidential uses.
(7) Applicants for City approval of a heliport or hebstop shall provide evidence Nat Me proposed heliport or helistop complies fullywlth State of California permit
procedures and with any and all conditions of approval imposed bythe Federal Aviation Administration (FAA), the Airport Land Use Commission for Orange County
(ALUC), and by Me Caltrans Division of Aeronautics.
Posted odine: 5/ W013
-11-
ORDINANCE NO. 2014 -16
Exhibit "D"
Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to
add development standards for the new MU -LV zoning district within Table 2 -11
highlighted as follows:
TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
Development Feature
MU-WI (3) MU -W2 MU -LV Additional Requirements
Lot Dimensions (1)(2)
Minimum dimensions required foreach newly created lot.
Lot Area
Mixed-use structures
20,000 sq. ft.
2,500 sq. ft.
20.000 sq ft.
Non -mixed -use structures
10,000 sq. ft.
2,500 sq. ft.
10,000 sq f.
Lot Width
Mixed -use structures
200 ft.
25 ft.
200 ft
Non- mixeduse structures
50 ft.
25 ft.
50 ft
Density (4)
Minimum /maximum allowable density range for residential uses.
Lot area required per unit
Minimum: 7,260 sq. ft. per unit
Minimum: 1,631 Maximum: 2,167
NIA
Floor Area Ratio (FAR) (5)
NSA
Mixed-use development
Min. 0.35 and Max. 0.5 for
Min. 0.35 and Max. 0.5 for
Nip
nonresidential uses.
nonresidential.
Max. 0.5 for residential uses. (3)
Max. 0.75 for residential uses.
Max. 1.0 for mixed-use projects
Lido Marina Village
Min. 0.35
Max. 0.7 for nonresidential and
0.8 residential.
Nonresidential only
0.5 commercial only (3)
0.5 commercial only
198. 725 sf of hotel
Setbacks
The distances below are minimum satbac ks required for primary structures. See Section 20.30.110 (Setback Regulations and
Exceptions) for setback measurement, allowed projections into setbacks, and exceptions.
Front
0
0
Newport Boulevard
i k for below grace structures
20 ft for structures up to 26
feet in height
35 ft for structures over 26
feet in height
Side
0
0
32nd Street
1 ft for below grade structures
i ft for structures up to 26 feet
in height
10 ft for structures over 26
feet in height
inledpr
1 ft for below grade structures
5 ft for above grade structures
Side adjoining a residential
5 ft.
5 ft.
5 ft
district
Rear
0
0
5 ft
Rear residential portion of
N/A
5 ft.
5 ft
mixed use
Rear nonresidential adjoining a
N/A
5 ft
5 ft
residential disc "t.
Rear adjoining an alley
N/A
10 ft.
loft
Bulkhead setback
loft.
10 ft.
loft
Posted online: 5/2812013
-12-
ORDINANCE NO. 2014 -16
TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
Open Space
N/A I N/A 1 20% of property
Common open space
Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.)
Private open space
5% of the gross floor area for each dwelling unit. (The minimum dimension (length and width) shall be 6 feet.)
Minimum distance between detached structures on same lot.
Separation Distance
10 ft. 10 ft. 0 ft.
Height
Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for
height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit.
26 ft. with flat root, less than 3/12 roof pitch
31 ft, with sloped mot, 3112 met pitch or greater
55 ft with flat roof, less than 3112
roof pitch (6)
60 ft with sloped ma 3712 roof
pitch or greater (6)
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display,
See Section 20.48.140 (Outdoor Storage. Display, and Actilnties).
Parking
See Chapter 20.40 (Off-Street Parking).
Satellite Antennas
See Section 20.46.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) 41 development and Me subdivision ofland shall complywith the requirements of Tifle 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are not intended to establish minimum dimensions
for the creation of ownership or leasehold (e.g., condominium) purposes.
(3) Aminimum offlfiy(50) percent ofthe square footage in am ixed -use development shall be used for nonresidential uses.
(4) For the purpose ofdetermining Me allowable number ofunits, portions of legal lots Mat are Submerged lands or tidelands shall be included inland area ofthe site
(5) Portions oflegal Iota that are submerged lands or tidelands shall be included in the net area of the letter the purpose ofcalculating Me allowable floor area of structures.
(6) Nchltecturalfeatures such as domes. towers, cupolas. spires. and similar structures mayexceed 55 foot by 10 rest,
Posted online: 5/2112013
-13-
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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. 2014 -16 was duly and regularly introduced on the gth day of September, 2014, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 23`d day of
September, 2014, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Gardner, Council Member Petros, Council Member Curry,
Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill
NAYS: None
RECUSED: Council Member Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of September, 2014.
��aYJPO
T
O City Clerk
City of Newport Beach, California
U - Z
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2014 -16 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 dates:
Introduced Ordinance: September 13, 2014
Adopted Ordinance: September 27, 2014
2014. In witness whereof, I have hereunto subscribed my name this day of 00� kr ,
i
s
Aj,
City Clerk
City of Newport Beach, California
(Seal)