HomeMy WebLinkAbout1999 - General Plan, Coastal Land Use Plan, and Zoning Code amendments necessary to establish future uses of the former City Hall site as determined by the City Council and Community. - 3300 Newport BlvdRESOLUTION NO. 1999
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING ACCEPTANCE OF THE SUGGESTED
MODIFICATIONS FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5-
NPB-14-0831-3) AND CITY COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT NO. GP2012-002, COASTAL LAND USE PLAN AMENDMENT
NO. LC2012-001, ZONING CODE AMENDMENT NO. CA2012-003 FOR THE
FORMER CITY HALL COMPLEX LAND USE AND ZONING AMENDMENTS
(PA2012-031) LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND ST.
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
STATEMENT OF FACTS
1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan,
Coastal Land Use Plan (CLUP), and Zoning Code (Amendments) with respect to the
former City Hall Complex (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.
2. The Amendments would change the land use categories and zoning district from Public
Facilities to Mixed Use. Additionally, the CLUP amendment would modify Policy 4.4.2-1
allowing buildings to exceed the 35 -foot Shoreline Height Limit.
3. On September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive,
Newport Beach, California, the City Council held a public hearing to consider the
Amendments and a Final Environmental Impact Report prepared for the project. A notice
of the time, place and purpose of the hearing was provided in accordance with CEQA
and the Newport Beach Municipal Code.
4. On September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the
Lido House Hotel Final Environmental Impact Report No. ER2014-003 (SCH No.
2013111022) to be in compliance with the California Environmental Quality Act (CEQA),
the State CEQA Guidelines, and City Council Policy K-3.
5. On September 9, 2014, the City Council adopted Resolution No. 2014-81 approving
General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment
No. LC 2012-001. These amendments were adopted contingent upon the approval by
the California Coastal Commission.
6. On September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting
Zoning Code Amendment No. CA2013-003.
7. On September 24, 2014, the City of Newport Beach submitted Coastal Land Use Plan
Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal
Commission.
8. On October 7, 2015, the California Coastal Commission certified the City's application
request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP
Resolution No. 1999
Page 2 of 19
land use category and Policy 4.4.2-1. The suggested modifications changed the
proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido
Village. This change in policy language allows for the same range of allowed
commercial uses as the City -approved amendment and prohibits all forms of timeshares
or fractional ownership visitor accommodations the allowed uses. The modification also
does not increase development intensity beyond what the City authorized. The
suggested modifications to CLUP Policy 4.4.2-1 provided increased setbacks from
streets and limited the area and size of structures that could exceed 35 feet in height.
The modification of CLUP Policy 4.4.2-1 is more restrictive than the City -approved
amendment but still allow the proposed Lido House Hotel.
9. On November 5, 2015, the Planning Commission held a public hearing in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California to modifications of
the Amendments as a result of the Coastal Commission's action. A notice of the time,
place and purpose of the aforesaid hearing was provided in accordance with Newport
Beach Municipal Code. Evidence both written and oral was presented to and considered
by the Planning Commission during the aforesaid hearing.
NOW, THEREFORE, BE IT RESOLVED:
1. The suggested modifications to the CLUP amendment and the corresponding and
consistent changes to the General Pian and Zoning Code are minor in nature and do not
change intended uses or increase development intensity. The suggested modifications
related to building height are more restrictive than the previously approved CLUP and
Zoning Code amendments. The changes to the amendments do not represent a
significant change to the Lido House Hotel project as considered in the certified Lido
House Hotel EIR (SCH No. 2013111022). Therefore, all significant environmental
concerns for the proposed changes to the land use and zoning amendments have been
addressed in the previously certified environmental document.
2. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of General Plan Amendment No. GP2012-002 as depicted in Exhibit B,
Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit C, and
Zoning Code Amendment No. CA 2012-003 as depicted in Exhibit D, which are attached
hereto and incorporated by reference.
PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF NOVEMBER, 2015.
AYES: Brown, Lawler, Weigand and Zak
NOES: None
ABSTAIN: Hillgren
ABST: netting, Kramer
ry Kra e Chair
C,
BY:
Peter Ka ttin Secretary
e g,
EXHIBIT A
Legal Description
LEGAL DESCRIPTION:
Resolution No. 1999
Page 3 of 19
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 MARCH 11, 1946 IN BOOK 1404, PAGE130 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE
GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID
OFFICIAL RECORDS.
PARCFI 9 -
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"
Resolution No. 1999
Page 4 of 19
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.
PARCFI 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
Resolution No. 1999
Page 5 of 19
EXHIBIT B
General Plan Amendment No. GP2012-002 (PA2012-031)
A. Amend Table LU1 of the Land Use Element of the General Plan to add the
following land use category:
"Visitor -Serving Commercial, Lido Village (CV -LV)
The CV -LV category is intended to allow for a range of accommodations (e.g. hotels,
motels, hostels), goods, and services intended to primarily serve visitors to the City of
Newport Beach. A fire station is allowed in its current location. Limited Use Overnight
Visitor Accommodations and residences are not allowed."
B. Amend Table LU -2 to add Anomaly Location #85 as shown in the following
table:
All existing provisions within Table LU -2 remain unchanged
Table
LU2 Anomaly
Locations
Anomaly
Statistical
Land Use
Development
Limits
Development Limit
Additional Information
Number
Area
Designation
Other
Accessory commercial
floor area is allowed in
conjunction with a hotel
and it is included within
85
135
CV -LV
98,725 sf of hotel
the hotel development
limit. Municipal facilities
are not restricted or
included in any
development limit.
All existing provisions within Table LU -2 remain unchanged
Resolution No. 1999
Page 6 of 19
C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard &
475 32nd Street only as depicted in the following diagram:
All related maps or diagrams within the General Plan shall be amended to maintain
consistency with the new land use category and Anomaly Location #85 as shown
above. Additionally, any maps or diagrams within the General Plan that label the site
as "City Hall" shall be removed from the General Plan. Labeling the new City Hall
site as "City Hall" on any General Plan map or diagram is also authorized.
Planning Commission Resolution No. 1999
Page 7 of 19
EXHIBIT C
Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031)
A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land
use category:
CategoriesTable 2.1.1-1 Land Use Plan
Land Use Category Uses Density/Intensity
The CV -LV category is intended to allow for
a range of accommodations (e.g. hotels, 9g 725 gross square feet not
CV -LV motels, hostels), goods, and services including a fire station. A fire
Visitor -Serving intended to primarily serve visitors to the station may not occupy more
Commercial — City of Newport Beach. A fire station is than 10% of the total project
Lido Village allowed in its current location. Limited Use site.
Overnight Visitor Accommodations and
residences are not allowed.
All other existing provisions within Table 2.1.1-1 remain unchanged.
Planning Commission Resolution No. 1999
Page 8 of 19
B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5-1, as it relates to 3300
Newport Boulevard & 475 32nd Street only as depicted in the following
diagram:
_W U -W
Q U -U
° - M -D
Q
s
— VIA MALAGA
32ND Si
177- 111 11
i
U
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CN ,<� U W
307H
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PP 1 °��
28TH S-
\ 28TH ST �J� 0 150 300
4w""kT Coastal Land Use Plan Feet
Amendment
LC2012-001 e
LIvo4�
Aocumenf Name- PA2012-031 LCP Amendment CV W Lido House MAW -_
All related maps or diagrams within the Coastal Land Use Plan shall be amended to
maintain consistency with the new land use category as shown above. Additionally,
any maps or diagrams within the Coastal Land Use Plan that label the site as "City
Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall
site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized.
Planning Commission Resolution No. 1999
Page 9 of 19
C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site:
"Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site):
• At least 75% of the total area of the site shall be 35 feet in height or lower.
• Buildings and structures up to 55 feet in height with the peaks of sloping roofs
and elevator towers up to 60 feet in height, provided it is demonstrated that
development does not adversely impact public views.
• Architectural features such as domes, towers, cupolas, spires, and similar
structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including architectural features,
shall not occupy more than 25 percent of the total area of the site.
• Buildings and structures over 45 feet in height, architectural features, shall not
occupy more than 15 percent of the total area of the site.
• With the exception of a fire station, all buildings and structures over 35 feet in
height, including architectural features, shall be setback a minimum of 60 feet
from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-
of-way.
• A fire station may be located in its current location and may be up to 40 feet in
height. A fire station may include architectural features up to 45 feet in height to
house and screen essential equipment."
Planning Commission Resolution No. 1999
Page 10 of 19
EXHIBIT D
Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and
establish the "CV -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 Commercial Zoning Districts
Zoning Map
Zoning Districts
General Plan Land Use Designations
Symbol
Implemented by Zoning Districts
CV -LV
Commercial Visitor -Serving,
CV -LV (Visitor -Serving Commercial -
Accessory commercial floor area is allowed in
conjunction with a hotel and it is included
within the hotel development limit.
Municipal facilities are not restricted or
included in any development limit.
Lido Village
Lido Village)
Section 2: Amend Section 20.20.010 (Purposes of Commercial Zoning
Districts) to add Subsection J as follows with all other existing provisions of Section
20.20.010 remaining unchanged:
J. The CV -LV (Commercial Visitor -Serving -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 CV -LV designation
provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and
services intended to primarily serve visitors to the City of Newport Beach and a fire
station. Limited Use Overnight Visitor Accommodations and residential uses are not
allowed.
Section 3: 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 CV -LV (Commercial Visitor-Serving—Lido Village) and establish
Anomaly #85 as depicted in the following table and map. 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.
Anomaly
Development
Limits
Development Limit (Other)
Additional Information
Number
85
98,725 sf of hotel
Accessory commercial floor area is allowed in
conjunction with a hotel and it is included
within the hotel development limit.
Municipal facilities are not restricted or
included in any development limit.
Planning Commission Resolution No. 1999
Page 11 of 19
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Zoning Code Amendment
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Feet
Planning Commission Resolution No. 1999
Page 12 of 19
Section 4: Amend Subsection C of Section 20.20.020 (Commercial Zoning
Districts Land Uses and Permit Requirements) to add allowed uses and establish permit
requirements for the CV -LV zoning district within Table 2-5 as highlighted in yellow as
follows with all other existing provisions of Section 20.20.020 remaining unchanged.
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
Not allowed *
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CG
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Industry, Manufacturing and Processing, and Warehousing Uses
Handicraft Industry
P
P
Y
P
P
P
Recreation, Education, and Public Assembly Uses
Assembly/Meeting Facilities
CUP
CUP
CUP
CUP
CUP
CUP
Commercial Recreation and
CUP
CUP
CUP
CUP
CUP
CUP
Entertainment
Cultural Institutions
P
P
MUP
—
P
—
Schools, Public and Private
—
CUP
CUP
CUP
CUP
—
Retail Trade Uses
Alcohol Sales (off -sale)
MUP
MUP
MUP
MUP
MUP
MUP
Section
20.48.030
Alcohol Sales (off -sale),
P
P
P
P
P
P
Accessory Only
Bulk merchandise
—
P
P
Marine Rentals and Sales
Boat Rentals and Sales
CUP
CUP
—
CUP
P
Marine Retail Sales
P
P
P
P
P
Retail Sales
P
P
P
P
Visitor -Serving Retail
P
P
P
Service Uses—Business, Financial, Medical, and Professional
ATM
P
P
P
P
P
P
Emergency Health Facility/Urgent
MUP
MUP
MUP
Care (above 1 st floor only)
Planning Commission Resolution No. 1999
Page 13 of 19
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CC
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Financial Institutions and Related
P
P
P
P
P
Services
Offices—Corporate (above 1st
P
P
P
P
-
floor only)
Offices—Business
P
P
P
P
1'
P
Offices—Medical and Dental
P
P
P
1'
Offices—Professional (above 1st
P
P
P
P
1'
floor only)
Outpatient Surgery Facility
MUP
MUP
P
(above 1 st floor only)
Service Uses—General
Ambulance Services
—
MUP
—
Animal Sales and Services
Animal Boarding/Kennels
CUP
CUP
CUP
—
—
Section
20.48.050
Animal Grooming
P
P
P
P
—
Section
20.48.050
Animal Retail Sales
P
P
P
P
—
Section
20.48.050
Veterinary Services
CUP
CUP
CUP
—
Section
20.48.050
Artists' Studios
P
P
P
P
P
P
Catering Services
P
P
P
P
Day Care, General
MUP
MUP
MUP
MUP
Eating and Drinking Establishments
Accessory Food Service
P
P
P
P
P
P
Section
(open to public)
20.48.090
Bars, Lounges, and
CUP
CUP
CUP
CUP
CUP
—
Section
Nightclubs
20.48.090
Fast Food (no late hours)
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
(1)(2)
20.48.090
Planning Commission Resolution No. 1999
Page 14 of 19
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CC
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Fast Food (with late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (no alcohol, no
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
late hours) (1)(2)
20.48.090
Food Service (no late hours)
MUP
MUP
MUP
MUP
MUP
MUP
Section
(1)
20.48.090
Food Service (with late
CUP
CUP
CUP
CUP
CUP
CUP
Section
hours) (1)
20.48.090
Take -Out Service, Limited
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
P/MUP
Section
(2)
20.48.090
Funeral Homes and Mortuaries,
—
MUP
—
—
—
—
without crematorium
Funeral Homes and Mortuaries,
—
CUP
—
with crematorium
Health/Fitness Facilities
Small -2,000 sq. ft. or less
P
P
P
P
P
P
Large—Over 2,000 sq. ft.
MUP
MUP
MUP
MUP
MUP
Laboratories
P
—
—
—
Maintenance and Repair Services
P
P
P
—
Marine Services
Boat Storage
—
CUP
—
—
—
Boat Yards
—
CUP
—
—
Entertainment and
P
P
P
Title 17
Excursion Services
Marine Service Stations
—
—
CUP
CUP
—
Water Transportation
—
—
MUP
—
MUP
—
Services
Massage Establishments
MUP
MUP
—
MUP
MUP
MUP
Chapter
5.50
Section
20.48.120
Massage Services, Accessory
MUP
MUP
—
MUP
MUP
MUP
Section
Planning Commission Resolution No. 1999
Page 15 of 19
Commercial Retail Zoning Districts
Permit Requirements
TABLE 2-5 P Permitted by Right
ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
Not allowed *
Land Use
See Part 7 of this title for
land use definitions.
See Chapter 20.12 for
unlisted uses.
CC
CC
Section
20.48.060
CUP
—
Nail Salons
P
P
Personal Services, General
P
P
Personal Services, Restricted
MUP
MUP
Studio
P
P
Postal Services
P
P
Printing and Duplicating Services
P
P
Recycling Facilities
Collection Facility—Small
MUP
MUP
Smoking Lounges
P P
Visitor Accommodations
Bed and Breakfast Inns
MUP
MUP
Hotels and Motels
CUP
CUP
RV Parks
MUP
—
Time Share Facilities
—
CUP
SRO Residential Hotel
CUP
CUP
Transportation, Communications, and Infrastructure Uses
Communication Facilities
MUP
P
Marinas
Marina Support Facilities
—
Parking Facilities
MUP
MUP
Parking Structure, adjacent to
residential zoning district
CUP
CUP
CM CN CV CV -LV Specific Use
Regulations
20.48.120
P P P
P P P
MUP MUP
P P
P P
P —
MUP — — Section
20.48.160
MUP
—
MUP CUP
Section
20.48.060
CUP
—
CUP CUP
—
—
CUP —
—
—
CUP —
Section
20.48.220
CUP
CUP
CUP
MUP
—
P P
Title 17
MUP
—
MUP
—
MUP
MUP
MUP
MUP
—
CUP
CUP
CUP
Planning Commission Resolution No. 1999
Page 16 of 19
Commercial Retail Zoning Districts
Permit Requirements
P Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP Minor Use Permit (Section 20.52.020)
LTP Limited Term Permit (Section 20.52.040)
— Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CC
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Utilities, Minor
P
P
P
P
P
P
Utilities, Major
CUP
CUP
CUP
CUP
CUP
CUP
Wireless Telecommunication CUP/MUP/L CUP/MUPIL CUP/MUP/L CUP/MUP/L CUP/MUP/ CUP/MUP/ Chapter
Facilities TP TP TP TP LTP LTP 20.49
Vehicle Rental, Salc, and Scrvicc Uses
Vehicle/Equipment Rentals
General
CUP
CUP
Office Only
P
P
P
P
P
Limited
P
P
P
P
Vehicles for Hire
CUP
CUP
Vehicle/Equipment Repair
General
—
CUP
—
Limited
MUP
MUP
MUP
Vehicle/Equipment Sales
General
CUP
—
Office Only
P
P
P
P
P
Limited
—
P
—
Vehicle/Equipment Services
Automobile
—
MUP
—
MUP
MUP
Washing/Detailing, full
service
Automobile
P
P
—
P
MUP —
Washing/Detailing, self-
service or accessory
Service Stations
CUP
CUP
—
CUP
CUP — Section
20.48.210
Other Uses
Planning Commission Resolution No. 1999
Page 17 of 19
* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as
otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
Commercial Retail Zoning Districts
Permit Requirements
P
Permitted by Right
TABLE 2-5
ALLOWED USES AND
CUP
Conditional Use Permit (Section 20.52.020)
PERMIT REQUIREMENTS
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not allowed
Land Use
See Part 7 of this title for
Specific Use
land use definitions.
CC
CC
CM
CN
CV
CV -LV
Regulations
See Chapter 20.12 for
unlisted uses.
Accessory Structures and Uses
P
P
P
P
P
P
Drive -Through Facilities
MUP
MUP
MUP
MUP
MUP
Section
20.48.080
Special Events
Chapter 11.03
Outdoor Storage and Display
P
P
P
P
P
MUP
Section
20.48.140
Temporary Uses
LTP
LTP
LTP
LTP
LTP
LTP
Section
20.52.040
* Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as
otherwise provided by Section 20.12.020 (Rules of Interpretation).
(1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week.
(2) Permitted or Minor Use Permit Required.
a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential
zoning district.
b. A minor use permit shall be required for any use that maintains late hours.
Planning Commission Resolution No. 1999
Page 18 of 19
Section 5: Amend 20.22.030 (Commercial Zoning Districts General
Development Standards) to add development standards for the CV -LV zoning district
within Table 2-7 as highlighted in yellow as follows with all other existing provisions of
Section 20.20.030 remaining unchanged.
Additional
Development Feature
CC
CG
CM
CN
CV
CV -LV
Requirements
Lot Dimensions
Minimum dimensions required for each newly created lot
Lot Area (1)
5,000 sq. ft.
10,000 sq. ft.
N/A
20,000 sq. ft.
N/A
10,000 sq. ft.
Lot Width
25 ft.
50 ft.
N/A
100 ft.
N/A
50 ft.
Setbacks
Minimum setbacks required for primary structures. See Section
20.30.110(D)
(Allowed Encroachments
into Setback
Areas) for setback measurement, allowed projections into setbacks,
and exceptions.
0
0
0
0
0
Newport Blvd:
Front
1 ft. for below
grade structures
20 ft. for
structures up to 35
feet in height
60 ft. for
structures over 35
feet in height
Side (interior, each):
Abutting
0
0
0
0
0
1 ft. for below
nonresidential
grade structures
5 ft. for above
grade structures
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Side (Street side)
0
0
0
0
0
32nd Street:
1 ft. for below
grade structures
1 ft. for structures
up to 35 feet in
height
70 ft. for
structures over 35
feet in height (4)
Via Oporto:
0
Rear:
Abutting an alley
10 ft.
10 ft.
10 ft.
10 ft.
10 ft.
5 ft.
Not abutting an
0
0
0
0
0
0
alley
Abutting residential
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
5 ft.
Open Space
N/A
N/A
N/A
N/A
N/A
20%
Bulkhead Setback
Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district.
Floor Area Ratio (2) (3)
The specific floor area limitations for each zoning district are identified on the Zoning Map.
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.
Within Shoreline Height
26 ft. with flat roof, less than 3/12 pitch
55 ft. with flat
20.30.060
Planning Commission Resolution No. 1999
Page 19 of 19
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32 a Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.
Additional
Development Feature
CC
CG
CM
CN
CV
CV -LV
Requirements
Limit Zone
31 ft. with sloped roof, 3/12 or greater pitch
roof, less than
3/12 roof pitch
See CLUP Policy
60 ft. with sloped
4.4.2-1
roof, 3/12 roof
pitch or greater
(5)(6)
N/A
Not within Shoreline
32 ft. with flat roof, less than 3/12 pitch
Height Limit Zone
37 ft. with sloped roof, 3/12 or greater pitch
Within High Rise Height
Area (See Figure H-1,
300
N/A
attached to the ordinance
codified in this title).
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 Activities).
Parking
See Chapter 20.40 (Off -Street Parking).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more
legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19
(Subdivisions).
(3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the
allowable floor area for structures.
(4) Setbacks to 32 a Street do not apply to Fire Station No. 2
(5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height.
(6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential
equipment.