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HomeMy WebLinkAbout2014-16 - RESCINDED - SEE 2015-35 - Approving Zone Code Amendment No. CA2012-003 for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard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. 1 507 512 +3421 510._ b �T S "so � -508y 3415 S'W A d 'row a X506 341 T m ��, 340 504 ' 34os Q CIS 0.5 FA g3 r1 � a 31� z 500 ,'� 3363 FINLEY AVE >� ♦.3'�p," 93 x410112 p0°+ �4081f2� 3345 33�\ G . 4061!2 3341 i P 3337 ° �404� 3333 5 .33 5 402 3325 --3315 RM 2178 SA / DU 400 112 400 3305 3300 MV -Ld g3p3 CC 0.5 FAR VIA MALAGA ' CIS 0.7 S FAR g o 475 91100pi 0.75 FAR J/ N F �� M \ R -2 z 32ND ST m P O y PD P P p p O a3116 W V y AT I W O. Wj pWj O ° 3112 I L I� Mu- CVN5TH ST 3110 g ° CV 0.5 FAR oI l NI P� I ; N 1 J w N N O O I N CN 0.3 FAR J �l 1 PI ! o - l w Ts Tt 1 w 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)