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HomeMy WebLinkAbout94-28 - Amending Portions of the Mariners' Mile Specific Area Plan (Chapter 20.62 of the Newport Beach Municipal Code) Relating to Parcels on the Northerly Side of West Coast Highway So as to Allow the Planning Commission or City Council to Waive a Portio• • NO. 94 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF THE MARINERS' MILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE) RELATING TO PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY SO AS TO ALLOW THE PLANNING COMMISSION OR CITY COUNCIL TO WAIVE A PORTION OF THE OFF - STREET PARKING REQUIREMENTS IF CERTAIN CRITERIA ARE MET. WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport Beach provides that Title 20 (the Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such amendment; and WHEREAS, Section 20.84.020 of the Municipal Code provides that an amendment to Title 20 may be initiated by the City Council; and WHEREAS, on November 22, 1993 the City Council adopted Resolution No. 93 -82 initiating an amendment to Chapter 20.62 of the Zoning Code (Mariners' Mile Specific Area Plan) so as to allow the Planning Commission or City Council to waive a portion of the off - street parking requirements if certain criteria are met; and WHEREAS, pursuant to the California Environmental Quality Act an Initial Study has been conducted to evaluate the potential environmental impacts of the proposed project. The Initial Study concluded that the project could not have a significant effect on the environment, therefore a Negative Declaration has been prepared; and WHEREAS, pursuant to Section 20.84.30, the Planning Commission on March 10, 1994 held a duly noticed public hearing to consider Amendment No. 796 to Title 20 of the Newport Beach Municipal Code, and at the conclusion of that hearing adopted a resolution recommending City Council approval of the amendment; and WHEREAS, pursuant to Section 20.84.050, the City Council, on April 11, 1994 held a duly noticed public hearing to consider Amendment No. 796 to Title 20 of the Newport Beach Municipal Code; and WHEREAS, based upon the information contained in the Initial Study, comments received, and all related documents in the record, 1 the City Council finds that there is no substantial evidence that the project, as conditioned or as modified by mitigation measures identified in the Initial Study, could have a significant effect on the environment, therefore the Negative Declaration is hereby approved. The City Council finds that the Negative Declaration • adequately addresses the potential environmental impacts of the project, satisfies all the requirements of CEQA, and reflects the independent judgement of the City Council. The Negative Declaration was reviewed and considered prior to approval of the project. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 20.62.030(B) (2) of the Newport Beach Municipal Code is hereby amended as follows: 2. PARKING SPACES. Off - street parking spaces shall be provided as set forth in Chapter 20.30.035 of the Municipal Code, however, • off- street parking for all floor area /building bulk of any structure subject to the setback requirements of Section 20.62.050(C) (1) that exceeds 0.5 times the buildable area of the site exclusive of all setbacks may be waived by the Planning Commission, or City Council on appeal, upon a finding there will be no adverse impact on parking in the area and the provision of the additional parking on site would create a hardship. SECTION 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. l� u 2 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of June, 1994, and adopted on the 27th day of June , 1994, by the following vote, to wit: • AYES, COUNCILMEMBERS SANSONE, WATT, TORNER, HART, COX, DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS HEDGES MAYOR��7�.� L� • ATTEST: F: \eat \gina \ordinan \MM94 -18.gj I! I 3