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HomeMy WebLinkAbout2000-20 - Adopting Amendment No. 906 which Amends Chapter 20.42 Affecting the Mariner's Mile Specific Area Plan (SP#5), Establishes Chapter 20.57 and Combines the Mariner's Mile Overlay Map Designator to the Zoning Designation of Certain Non-Residential PORDINANCE NO.2000- 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AMENDMENT NO. 906 WHICH AMENDS CHAPTER 20.42 AFFECTING THE MARINER'S MILE SPECIFIC AREA PLAN (SP #5)9 ESTABLISHES CHAPTER 20.57 AND COMBINES THE MARINER'S MILE OVERLAY MAP DESIGNATOR TO THE ZONING DESIGNATION OF CERTAIN NON - RESIDENTIAL PROPERTIES EAST OF THE MARINER'S MILE SPECIFIC PLAN AREA ALONG COAST HIGHWAY TO THE BACK BAY BRIDGE. WHEREAS, as part of the development and implementation of the Newport Beach General Plan the Land Use Element has been prepared; and WHEREAS, as part of the implementation of the Land Use Element, the City prepared and adopted a Specific Area Plan and implementing ordinances known as the Mariner's Mile Specific Area Plan which establishes planning objectives and development standards for the orderly development of the district; and WHEREAS, since the development of the Mariner's Mile Specific Area Plan, the district has experienced changes both good and bad that have effected the overall quality and image of the district; and • WHEREAS, the Mariner's Mile Business and Citizens Advisory Committee studied the Mariner's Mile district, and in April of 1997, the Committee adopted a set of broad recommendations which served as a starting point for subsequent study which has culminated in the Mariner's Mile Strategic Vision & Design Framework (Design Framework); and WHEREAS, the Mariner's Mile Business Owners Association has worked very closely with the City in the development of the Mariner's Mile Strategic Vision & Design Framework and proposed implementing ordinances; and WHEREAS, on July 22, 2000, the City held a community forum within the Mariner's Mile District where the general public was invited to attend and provide input upon the proposed planning study; and WHEREAS, on September 7, 2000 and September 21, 2000, the Planning Commission conducted a public hearing at which the Mariner's Mile Strategic Vision & Design Framework and Amendment No. 906 were considered. A notice of time, place and purpose of the public hearing was duly given, and evidence, both written and oral, was duly presented to and considered by the Planning Commission at the public hearing. At the conclusion of said hearing, the Planning Commission adopted written findings and recommended that the City Council adopt the Mariner's Mile Strategic Vision & Design Framework and Amendment No. 906; and WHEREAS, pursuant to Section 20.94, the City Council held a duly noticed public • hearing on October 12, 2000 to consider Mariner's Mile Strategic Vision & Design Framework and Amendment No. 906. WHEREAS, the City Council believes that the Mariner's Mile Strategic Vision & Design • Framework should be adopted and used as a planning guide for future development of the district. Additionally, Amendment No. 906 properly implements the proposed land use and development policies contained in the Mariner's Mile Strategic Vision & Design Framework and are necessary for said implementation, and makes the following additional findings: 1. Land Use Element Policy E encourages the development of suitable sites for commercial marine related facilities so as to continue the City's historical and maritime atmosphere. The Design Framework and Amendment No. 906 does not change the marine use incentive provisions and encourages the use of nautical design elements which strengthens the maritime heritage of the district, therefore the Design Framework and proposed amendment is consistent with this policy. 2. Land Use Element Policy F states that the development and maintenance of suitable and adequate development standards including landscaping, sign control, site and building design, parking and undergrounding of utilities to insure that the beauty and charm of existing residential neighborhoods is maintained, that commercial and office projects are aesthetically pleasing and compatible with surrounding land uses and consistent with the public health, safety and welfare. The Design Framework and implementing ordinances establish suitable design standards and land use objectives which are based upon sound urban planning principles with the intent to improve landscaping, fencing, signage, and overall site and building design without unjustly limiting private property rights or the flexibility of owners to design projects appropriate for their individual properties. The proposed Design Framework and • implementing ordinances are therefore consistent with this development policy. 3. Land Use Element Policy L states that, "The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. " The underlying purpose of the Mariner's Mile Strategic Vision & Design Framework and implementing ordinances is to improve the district to better reflect the prosperity and quality image of the City and to make the Mariner's Mile area a more vibrant part of the community. The Design Framework and implementing ordinances accomplishes this goal and appropriately enhances the development standards without unjustly limiting private property rights or the flexibility of owners to design projects appropriate for their individual properties. The proposed Design Framework and implementing ordinances are therefore consistent with this development policy. 4. The project and amendment affects general development standards including signs and will not increase the development intensity nor change building height limits which could potentially affect the environment. The project does not authorize any specific development, but rather establishes new development standards and enhanced urban design. Future development projects guided by the proposed policies and standards will be required to be evaluated for potential environmental effects in accordance with CEQA and necessary • mitigation measures applied as necessary. Therefore, the proposed project has been determined to be Categorically Exempt pursuant to Section 15305 (Class 5, Minor Alterations in Land Use Limitation) of the California Environmental Quality Act • Implementing Guidelines. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION l: Chapter 20.42 of the City of Newport Beach Municipal Code shall be revised as provided in Exhibit "A ". SECTION 2: Chapter 20.57 of the City of Newport Beach Municipal Code shall read as shown in Exhibit "B ". SECTION 3: Districting Map Nos. 6 & 23 are hereby amended by combining the Mariner's Mile Overlay map designator ( -MM) to the zoning designation of all non - residential and mixed use properties fronting West Coast Highway located east of the Mariner's Mile Specific Plan and the Back Bay Bridge, as indicated in Exhibit "C ". SECTION 4: 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on October 10, 2000, and adopted on the 24th day of October, 2000, by the • following vote, to wit: Thomson, Glover, Adams, Debay, AYES, COUNCIL MEMBERS Ridgeway, O'Neil & Mayor Noyes NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS CITY CLERK CJ • is u CHAPTER 20.42 SPECIFIC PLAN DISTRICT #5 MARINER'S MILE Sections: Page 20.42 -1 Specific Plan District #5 Mariners Mlle 20.42.010 Establishment of Specific Plan District (Mariner's Mile) 20.42.020 Purpose 20.42.030 Applicability 20.42.040 Land Use Regulations 20.42.050 Property Development Regulations 20.42.055 Mariner's Mile Sign Regulations 20.42.060 Development Plan Review Required 20.42.010 Establishment of Specific Plan District (Mariner's Mile) The provisions of this chapter shall apply to all parcels within the boundaries of Specific Plan District #5, Mariner's Mile, established by Ordinance 1718 and shown on Districting Map No. 4. 20.42.020 Purpose This chapter establishes a specific plan district to guide the orderly development and improvement of that area of the City of Newport Beach which is located east of Newport Boulevard, west of the county owned property used as a Sea Scout Base, north of Lower Newport Bay, and generally south of the base of the bluffs northerly of Coast Highway. It is the purpose of this chapter to implement the goals and policies of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan and establish consistency between these documents and the Zoning Ordinance in the Mariner's Mile area. Specifically, these planning documents contain provisions which indicate the desire on the part of the City to encourage marine service businesses, visitor - serving facilities, local service retail, encourage a pedestrian orientation of the area, provide public physical and visual access to the bay, preserve and enhance the character of scenic highways and drives and city view parks in the area, and provide safe and convenient vehicular circulation and access to businesses. The development standards contained in this Specific plan are intended to implement these objectives by providing a system whereby certain land uses are encouraged through an incentive system, and competing objectives can be balanced based upon the overall goals of the community. Therefore, specific land use, intensity and design criteria are set forth in the review framework of the development plan review, use permit and variance processes, where the Exhibit "A" 11/23/2000 Page 20.42 -2 Specific Plan District #5 Mariners Mile • Planning Director and Planning Commission will exercise their discretion on a project -by- project basis to result in development which provides for the overall community needs as set forth herein. The permitted land uses and accompanying design guidelines and development standards provide for the orderly and equitable development of property within the Mariner's Mile area. Areas on the bayward side of Coast Highway are designated "Recreational and Marine Commercial." This designation encourages a continuation of marine - oriented and visitor - serving uses, maintains the marine theme and character of the area, and encourages public physical and visual access to the bay. The marine - oriented and coastal- dependent uses on the bayfront are encouraged by establishing a system of incentives to property owners to maintain these uses. The area inland of Coast Highway is designated for 'Retail and Service Commercial" use. This area is intended to serve as an active pedestrian- oriented retail area with a wide range of visitor - serving, neighborhood commercial and marine - related uses permitted. The City Council has adopted a document entitled "Mariner's Mile Strategic Vision and Design Framework (Design Framework)" which provides several recommendations for sound planning and urban design. These policy recommendations include new entry features, the development of an urban village between Riverside and Tustin Avenues, improving waterfront access, cohesive landscape treatments along major streets, consideration of renaming Riverside and Tustin Avenue and general land use compatibility. This design framework shall be used as a guide for • the community, property owners, city staff and policy makers in the development and consideration of activities within the Mariner's Mile area. The Design Framework is not intended to establish absolute standards, but existing and proposed development and activities within Mariner's Mile area should adhere to the recommendations of the Design Framework to the maximum extent feasible. The area identified in the Mariner's Mile Design Framework as the "Mariner's Village" around the intersection of Pacific Coast Highway and Riverside and Tustin Avenues, is the core of Mariner's Mile. The City's long -term goal for this area is to reinforce its potential to become the heart of Mariner's Mile as an active pedestrian- oriented retail district. In order to realize this potential, the appearance, liveliness and sense of place should be enhanced by promoting improvements to private development and the public realm, and generally encouraging a stronger pedestrian orientation by the following means: A. By developing a vocabulary of elements such as streetscape, street furnishings, and sidewalks. B. By encouraging lot swap /consolidations, to facilitate development such as a new cohesively developed retail center with an anchor tenant. C. By actively soliciting local- serving tenants such as a market, cafes, drug store, and specialty retail. • D. By implementing a parking strategy, such as the establishment of a Mariner's Mile Parking District and the encouragement of more common parking lots. 11/23/2000 Page 20.42 -3 Specific Plan District #5 Mariner's Mile • E. By finding a new location for United States Postal Service Distribution Center so that the site can have a less truck- oriented use while retaining the retail portion of the post office in Mariner's Village. 20.42.030 Applicability The provisions of this chapter shall apply to all property in the Mariner's Mile Specific Plan District. A. Construction of Buildings Regulated. No building, structure or sign shall be erected, reconstructed or structurally altered in any manner nor shall any building or land be used for any purpose, other than as permitted by, and in conformance with this Plan and all other ordinances, laws, policies and maps referred to therein. Where other sections of the Municipal Code conflict with any provision of this Plan, the provisions of this Specific Plan shall take precedence. B. Architecture and Site Planning Objectives. Responsible urban design is a primary goal of the Mariner's Mile Specific Plan Area. Designs should respect their surroundings. The architecture and site plans of all Development Plans shall be found compatible with well designed surrounding properties. Site planning should accommodate the larger design concepts of the Mariner's Mile Design • Framework (Urban Design, Landscape). Buildings should orient to the street in the Village areas and when surrounded by parking. Roofs and roof elements should respect views from above and in an aesthetically pleasing manner. Roof top mechanical equipment shall be concealed in a coordinated fashion or be located within the building or structure. Overall site planning shall also promote pedestrian connections and pedestrian amenities within the village area, and provide public access to the water along the bay. Building and structures should adhere to the Color and Materials Palette identified in the Mariner's Mile Design Framework. 20.42.040 Land Use Regulations A. Land Use Designations. The following land use designations are established: 1. Retail and Service Commercial, SP -5 (RSC) District. This designation encourages the continuation of "marine- oriented" uses and the "marine" theme or character of the area; encourages mutually supportive businesses, a continuity of shopping and pedestrian orientation, and prohibits uses, which would interrupt this continuity; and minimizes the number of curb cuts on Coast Highway. • 2. Recreational and Marine Commercial. SP -5 (RMC) District. This designation establishes a priority system to guide development on sites on 11/23/2000 Page 20.42 -4 Specific Plan District #5 Mariner's Mile • the bay by encouraging a continuation of marine- oriented and visitor - serving uses, maintaining the marine theme and character of the area, and encourages public physical and visual access to the bay. The designations, locations, and boundaries of these uses are delineated upon the map entitled "Mariner's Mile - Specific Plan District, City of Newport Beach," which plan map and all information and notations thereon are hereby made a part of this section by reference. B. The following schedule establishes the land uses defined in Chapter 20.05 as permitted or conditionally permitted in the Mariner's Mile Specific Plan District, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in the Mariner's Mile Specific Plan District. The letter "L" designates use classifications subject to certain limitations prescribed under the "Additional Use Regulations" which follows. The letters "UP" designate use classifications permitted on approval of a use permit, as provided in Chapter 20.91. The letters "PD/U" designate use classifications permitted on approval of a use permit issued by the Planning Director, as provided in Chapter 20.91. The letters "P/UP" designate use classifications which are permitted when located on the site of another permitted use, but which require a use permit when located on the site of a conditional use. Letters in parentheses in • the "Additional Regulations" column refer to "Additional Use Regulations" following the schedule. Where letters in parentheses are opposite a use classification heading, referenced regulations shall apply to all use classifications under the heading. Mariner's Mile Specific Plan District: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use Permit issued by the Planning Director L = limited (see Additional Use Regulations) -- Not Permitted RSC RMC Additional Regulations PUBLICAND SEMI - PUBLIC (A), (B), (C), (D) CLUBS AND LODGES UP - -- -YACHT CLUBS - -- UP (I), (J), (M) CULTURAL INSTITUTIONS UP L -2 (M) DAY CARE, GENERAL UP - -- GOVERNMENT OFFICES UP - -- MARINAS RELIGIOUS ASSEMBLY - -- UP P (I), (J) UTILITIES, MINOR P P 11/23/2000 • Mariner's Mile Specific Plan District: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- Not Permitted Page 20.42 -5 Specific Plan District #5 Mariner's Mile RSC RMC Additional Regulations COMMERCIAL USES (A), (B), (C), (D) ANIMAL SALES AND SERVICES -ANIMAL GROOMING PD/U - -- -ANIMAL HOSPITALS UP - -- -ANIMAL RETAIL SALES PD/U L -5 ARTISTS' STUDIOS P L -4 (H) BANKS /SAVINGS AND LOANS P - -- -WITH DRIVE- UP/DRIVE THROUGH SERVICE UP - -- CATERING SERVICES P P COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H), (M) • EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP UP (E), (H), (M) -FULL SERVICE, LOW TURNOVER UP UP (E), (H), (M) -FULL SERVICE, SMALL SCALE PD/U PD/U (E), (H), (M) -TAKE -OUT SERVICE UP UP (E), (H), (M) -TAKE -OUT SERVICE, LIMITED PD/U PD/U (E), (H), (M) - ACCESSORY P P (E), (H), (M) -BARS AND COCKTAIL LOUNGES UP UP (E), (H), (M) MARINE SALES AND SERVICES (I), (I) -BOAT CHARTER, RENTAL, AND SALES P P (I), (I) -BOAT STORAGE - -- P (I), (I) -BOAT YARDS P P (I), (I) - MARINE SERVICE STATION PD/U PD/U (I), (I) - RETAIL MARINE SALES P P (I), (I) OFFICES, BUSINESS AND PROFESSIONAL P L -I PERSONAL IMPROVEMENT SERVICES PD/U L -2 (H) PERSONAL SERVICES P L -4 -DRY CLEANERS UP L -4 -DRY CLEANERS (COLLECTION ONLY) UP L -4 - MASSAGE ESTABLISHMENTS UP L -2 (F) SELF SERVICE LAUNDRIES UP L -4 • RETAIL SALES P P 11/23/2000 Page 20.42 -6 Specific Plan District #5 Mariner's Mile • Mariner's Mile Specific Plan District: Land Use Regulations P = Permitted UP = Use Permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) - -- Not Permitted INDUSTRIAL (A), (B), (C), (D) • INDUSTRY, CUSTOM - -- L -4 INDUSTRY, LIMITED L -4 INDUSTRY, MARINE- RELATED UP UP ACCESSORY USES (A), (B), (C), (D) ACCESSORY STRUCTURES AND USES P/UP P/UP TEMPORARY USES (A), (B), (C), (D) CHRISTMAS TREEIPUMPKIN SALES L -7 L -7 (B) OUTDOOR STORAGE & DISPLAY, TEMPORARY P P (D) REAL ESTATE OFFICES, TEMPORARY L -7 L -7 (B) Mariner's Mile Specific Plan District: Additional Land Use Regulations L -1 Marine - related facilities permitted as an incentive use; other facilities in this use classification permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. • L -2 Marine - related facilities permitted with a use permit as an incentive use; other facilities in this use classification permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. 11/23/2000 RSC RMC Additional Regulations TRAVEL SERVICES P L -1 VEHICLE/EQUIPMENT SALES AND SERVICES - VEHICLE/EQUIPMENT SALES AND RENTALS UP - -- - COMMERCIAL PARKING FACILITY PD/U PD/U - SERVICE STATIONS UP - -- (G), (M) - VEHICLE/EQUIPMENT REPAIR L -6 - -- VISITOR ACCOMMODATIONS -BED AND BREAKFAST INNS PD/U PD/U - HOTELS, MOTELS AND TIME- SHARES UP UP (K) INDUSTRIAL (A), (B), (C), (D) • INDUSTRY, CUSTOM - -- L -4 INDUSTRY, LIMITED L -4 INDUSTRY, MARINE- RELATED UP UP ACCESSORY USES (A), (B), (C), (D) ACCESSORY STRUCTURES AND USES P/UP P/UP TEMPORARY USES (A), (B), (C), (D) CHRISTMAS TREEIPUMPKIN SALES L -7 L -7 (B) OUTDOOR STORAGE & DISPLAY, TEMPORARY P P (D) REAL ESTATE OFFICES, TEMPORARY L -7 L -7 (B) Mariner's Mile Specific Plan District: Additional Land Use Regulations L -1 Marine - related facilities permitted as an incentive use; other facilities in this use classification permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. • L -2 Marine - related facilities permitted with a use permit as an incentive use; other facilities in this use classification permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. 11/23/2000 Page 20.42 -7 Specific Plan District #5 Mariner's Mile • L -3 Permitted when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L-4 Permitted with a use permit when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L -5 Permitted with a use permit issued by the Planning Director when in conjunction with an incentive use under the provisions of Section 20.60.080: Marine Incentive Uses. L -6 Permitted when ancillary to an existing Vehicle/Equipment Sales and Service use within the specific plan area. L -7 Subject to the approval of the Planning Director. (A) See Section 20.60.025: Relocatable Buildings. (B) See Section 20.60.015: Temporary Structures and Uses. (C) See Section 20.60.050: Outdoor Lighting. • (D) See Section 20.60.105: Outdoor Storage & Display. (E) See Chapter 20.82: Eating and Drinking Establishments. (F) See Chapter 20.87: Massage Establishments. (G) See Chapter 20.80: Automobile Service Stations. (H) See Section 20.60.085: Uses Requiring City Manager Approval. (1) See Section 20.60.070: Waterfront Development Regulations. (J) See Section 20.60.080: Marine Incentive Uses. (K) See Chapter 20.84: Time Share Developments. (L) Special event permit required, see Chapter 5.10 of the Municipal Code. (M) See Chapter 20.89: Alcoholic Beverage Outlets. • 11/23/2000 Page 20.42 -8 Specific Plan District #5 Mariner's Mile • 20.42.050 Property Development Regulations The following schedule prescribes development regulations for the Mariner's Mile Specific Plan District. The columns prescribe basic requirements for permitted and conditional uses. Letters in parentheses in the "Additional Regulations" column reference regulations following the schedule or located elsewhere in this code. Mariner's Mile Specific Plan District: Property Development Regulations • 11/23/2000 RSC RMC Additional Regulations Minimum Lot Area (sq. ft.) 10,000 10,000 (A) Minimum Lot Width (ft.) 50 50 (A) Minimum Yards: Front (ft.) 5;10 ( +12) 5;10 (B), (C), (D), (E), (F) Side (ft.) - -- --- (B), (D), (F) - Abutting a residential district (ft.) 5 - -- B), (D), (F) Rear --- - -- (B), (D), (F) - Abutting a residential district (ft.) 5 - -- (B), (D), (E), (F) • Public Access to Newport Bay (D) Bulkheads 10 10 (G) Maximum Height (ft.) 26 26 (H), (I), (J) Floor Elevation (K) Maximum Floor Area Limit 0.50 0.50 (L) Landscaping (M) Off - Street Parking and Loading (N) Non - Conforming Structures and Uses (0) Dedication of right -of -way (P) Signs (Q) Fences and Walls (R) Utilities & Ground Mounted Equipment (S) Vehicular Access & Lot Consolidation (T) Lighting (U) • 11/23/2000 Page 20.42 -9 Specific Plan District #5 Mariners Mile • Mariner's Mile Specific Plan District: Additional Property Development Regulations (A) See Section 20.60.040: Development on Substandard Lots and Across Property Lines. (B) See Section 20.60.030: Extensions Into Yards. (C) SP -5 (RMC) District. A minimum of 50 percent of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from Coast Highway right -of -way while the remaining 50 percent of the lot frontage shall provide a setback not less than 5 feet from the right -of -way line of Coast Highway. SP -5 (RSC) District. A 12 foot wide setback along the northerly side of Coast Highway shall be maintained for potential future highway widening to an ultimate width of 112 feet. A minimum of 50 percent of any lot frontage abutting Coast Highway shall provide a building setback of not less than 10 feet from the above 12 foot setback line while the remaining 50 percent of the lot frontage shall provide a setback not less than 5 feet from the above 12 foot setback. (D) SP -5 (RMC) District. In approving a development plan or granting a use permit for development on a site with frontage along the bay, the Planning Director or Planning Commission shall require the dedication of vertical (between Coast Highway and the • Bay) and lateral (along the Bay) public access easements, except where adequate public access already exists or where the provision of access is inconsistent with public safety or the protection of fragile coastal resources. The following standards shall be applied to all lateral and vertical public access easements: 1. Public access easements shall be a minimum of 10 feet in width. 2. Public access easements may be provided within required setback areas and view corridors. 3. All dedicated public access easements shall be recorded with the Orange County Recorders Office in a manner satisfactory to the Public Works Department. (E) No structure or other intrusions shall be permitted except for landscaping, decks, paving, architectural features and signs. (F) The Planning Commission or Planning Director may establish setbacks in granting a use permit or development plan review approval. (G) SP -5 (RMC) District. Bulkhead setback shall provide for the minimum public access • required herein along the bulkhead. Additional building setbacks may be required by the Planning Commission in granting a use permit or site plan review approval. 11/23/2000 J • Page 20.42 -10 Specific Plan District #5 Mariner's Mile All bulkheads shall be constructed to an elevation of 9 feet above mean low water level (6.27 feet above mean sea level). (H) See Chapter 20.65: Height Limits. (n The height limit for all buildings and other structures on a site shall be 26 feet. However, this height limit may be exceeded, up to a maximum of 35 feet with a use permit, providing that the Planning Commission, in granting such a use permit, finds that all of the following criteria are met: 1. SP -5 (RMC) District. a. The development will provide for both public physical and visual access to the bay within the limits that public safety is insured and private property protected. b. The increased building height would result in increased public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and the treatment of all setback and open areas. C. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area within the general theme of a marine environment. d. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. e. The increase in height shall in no case result in a floor area exceeding the floor area permitted by Chapter 20.63 and this chapter. 2. SP -5 (RSC) District. a. The increased building height would result in more public visual open space and views than would result from compliance with the basic height limit. Particular attention shall be given to the location and orientation of the structure on the lot, the percentage of ground coverage, and on the treatment of all setback and open areas. 11/23/2000 Page 20.42 -11 Specific Plan District #5 Mariner's Mile • b. The increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area, within a general theme of the marine environment. C. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. d. The increased height shall in no case result in a floor area exceeding the floor area permitted by Chapter 20.63 and this chapter. (J) For the purpose of measuring height, the grade shall be natural grade, or 9 feet above mean low water level (6.27 feet above mean sea level), whichever is higher. (K) SP -5 (RMC) District. Finished floor elevation for all new structures or addition to an existing structure(s) other than floor area used for parking, shall be 9 feet above mean low water level (6.27 feet above mean sea level). • (L) The total gross floor area and building bulk limits specified in Chapter 20.63 shall apply to all structures. For purposes of this Chapter, the 12 foot setback required for potential future highway widening shall be included in the calculation of buildable area for purposes of determining gross floor area and building bulk limits. The setback shall be included in gross floor area and building bulk calculations even if some or all of the setback, or any interest therein, has been dedicated to the City. Use permits to exceed the base floor area ratio limits of Chapter 20.63 may be approved pursuant to Section 20.63.040 (C). (M) Landscape areas shall be provided as follows: 1. West Coast Highway, Tustin & Riverside Avenue — a minimum 4 -foot wide planting area (excluding any planter curbs) measured from the back of sidewalk to parking lot or building shall be provided on each property that fronts Coast Highway, Tustin Avenue and Riverside Avenue. This continuous planter area shall be required across the entire frontage of the property except where either buildings at back of walk or driveways are existing and are to remain and shall contain a continuous hedge and palm trees. The hedge shall consist of Ligustrum j. "Texanum" (Texas Privet) planted a minimum of 30 inches on center and are to be a minimum of 30 inches in height. Palm trees shall be Washingtonia robusta (Mexican Fan Palm) with a minimum of 8 foot trunk height and subdrainage • system. The minimum number of palm trees shall be calculated by dividing the total street frontage by 18 feet. The number of palms resulting from this 11/23/2000 Page 20.42 -12 Specific Plan District #5 Mariner's Mile calculation is the minimum standard. Palm spacing can be modified slightly or palms can be clustered in groups of three (3) minimum as long as the number of palms installed is equal to the minimum standard. 2. Uncovered parking spaces on -grade shall have interior landscaping in the form of one (1) tree per every 4 parking spaces. Palm trees should be used for properties located adjacent to the Bay and shade trees should be used for inland properties. 3. A minimum of 50 percent of the area of the required setback from Coast Highway shall be devoted to landscape areas. 4. The plant selections should be consistent with the adopted Mariner's Mile Design Framework. 5. Landscaping of bluff areas, property line walls and medians should be consistent with the recommendations contained within the Mariner's Mile Design Framework. 6. All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. • 7. All planting areas shall have a minimum inside dimension of 4 feet and parking lot planters shall be a minimum of 25 square feet excluding protective curb. 8. All areas in a parking lot not used for driveways, maneuvering areas, parking stalls and walks, shall be permanently landscaped. 9. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. 10. Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier. 11. Landscaping shall be located so as not to impede vehicular sight distance to the satisfaction of the Traffic Engineer. 12. All landscape materials and irrigation systems shall be maintained in accordance with the approved landscape and irrigation plans. All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including • adjustments, replacements, repairs, and cleaning as part of regular maintenance. The property owner shall execute and record a restrictive covenant and agreement 1 112 312 000 Page 20.42 -13 Specific Plan District #5 Mariners Mile which grants assurance to the City that the landscaping and irrigation system is properly maintained in accordance with the approved plans. 13. Landscape planting and irrigation plans and specifications shall be submitted by the applicant and approved by the Planning Director prior to the issuance of a building permit. (N) Off - street parking spaces shall be provided as set forth in Chapter 20.66: Off - Street Parking and Loading; however, off - street parking for all floor area/building bulk of any structure subject to the front setback requirements specified in this section 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. (0) Notwithstanding the provisions of Chapter 20.62, minor additions to a nonconforming residential structure or use may be allowed, provided that such addition will not impact upon any public view through or over the site, and provided further that such addition will not extend beyond any existing balcony nor result in a greater number of dwelling units within the project. (P) SP -5 (RSC) District. No dedication of right -of -way along the north side of Coast • Highway shall be required pursuant to Chapter 13.05 of the Municipal Code, or as a condition to any parcel map or use permit, for any project that strictly complies with the highway setback requirements unless all of the following conditions have been satisfied: The proposed project contributes to the need to widen Pacific Coast Highway to Master Plan standards; and 2. The project would generate more than 300 average daily trips; and 3. The proposed project exceeds 25,000 square feet of additional gross floor area (assumes a base FAR use - minimum and maximum FAR uses shall be adjusted accordingly). No additional dedication shall be required for any parcel which, as of the December 22, 1993, has dedicated all or a portion of the setback, or any interest therein, to the City for road widening purposes. Nothing in this subsection shall affect the duty of a property owner to dedicate land and/or construct circulation system improvements pursuant to the provisions of the Traffic Phasing Ordinance (Chapter 15.40 of the Municipal Code), or to pay fees required by the Fair Share Traffic Contribution Ordinance (Chapter 15.38 of the Municipal Code). • (Q) See Section 20.42.055, Mariner's Mile Sign Regulations 11/23/2000 Page 20.42 -14 Specific Plan District #5 Mariner's Mile • (R) Walls and Fences. Upgrading the quality and developing a family of walls and fences is recommended for Mariner's Mile to provide a consistent and high - quality image. Walls and fences located within required yards shall be consistent with the requirements of Section 20.60.030, Extensions into Yards. In all cases, walls and fencing shall not create a sight distance problem as determined by the City Traffic Engineer. Fences Allowed. a. Coast Highway frontage: Wrought iron or PVC fencing not exceeding 6 feet in height. Recommended colors: Dark Navy Blue, Black, Dark Green. Refer to the Design Framework, Section 5.60 Walls and Fences for recommended fence design. b. Side and rear yards and lot -line conditions: Wrought Iron or PVC fencing or Vinyl- coated chain link (with or without attached fabric screening) not exceeding 6 feet in height. Recommended colors: Dark Navy Blue, Black, Dark Green. Fences not permitted. a. Chain -link fencing is not permitted along the street frontage of any property within Mariner's Mile. • b. Razor -Wire fencing. C. Fences not allowed under Subsection 1, Fences Allowed. 3. Walls Allowed. a. Pacific Coast Highway frontage: Low walls not to exceed 3 feet in height. This wall may be extended to a maximum height of 6 feet provided that the area above 3 feet is constructed of wrought iron or PVC fencing. b. Side and rear yards and lot -line conditions: Low walls not to exceed 3 feet in height. This wall may be extended to a maximum height of 6 feet provided that the area above 3 feet is constructed of wrought iron, PVC fencing or vinyl- coated chain link (with or without fabric screen). C. Solid walls up to 8 feet in height provided that they are setback 15 feet from street property lines. 4. Retaining walls shall incorporate split -face block or poured -in -place concrete with a sandblasted, bush - hammered or textured form -liner finish. Crib -wall systems with integrated, landscaping are also permitted. • 5. Walls not permitted. 11/23/2000 Page 20.42 -15 Specific Plan District #5 Mariner's Mlle • a. Solid walls over 3 feet in height are not permitted along the Coast Highway frontage of any property on Mariner's Mile or within the required front yard setback of any property. b. Walls topped with barbed wire, razor -wire fencing, sheet metal or broken glass. C. Sheet metal enclosures (except at trash areas at rear of properties). Walls not allowed under Subsections 3, Walls Allowed and Subsection 4, Retaining walls. (S) Utilities and Ground Mounted Equipment New utility connections shall be placed underground unless the Public Works Department determines that undergrounding the connection is physically infeasible. Appurtenant and associated utility equipment such as transformers, utility vaults, terminal boxes, meter cabinets shall be placed underground unless the Public Works Department determines that undergrounding the appurtenant and associated equipment is physically infeasible. If appurtenant and associated utility equipment cannot be placed underground, the equipment shall be located in the least visible location practical and screened from public view on -site and off -site by fencing or landscaping to the satisfaction of the Planning • Director. All ground- mounted equipment including, but not limited to backflow preventers, vents, air handlers, generators, boilers, trash bins, transformers shall be screened from view behind and fully below the top of a screen wall or a solid hedge. Screen walls shall be of same or similar material as adjacent building walls and covered with vines when possible. Chain link fencing with slats is not permitted. • (T) Vehicular Access & Lot Consolidation New vehicular access driveways on Coast Highway should be avoided or minimized in order to minimize potentially hazardous turning movements on and off Coast Highway. Developments are strongly encouraged to consolidate lots and provide shared access with adjacent properties whenever possible. (U) Lighting Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking lot lighting shall have zero cut -off fixtures and "shoebox" lights are preferred. The use of low level lighting to illuminate walkways, landscape accent lighting and building accent lighting is encouraged. Light standards shall not exceed 20 feet measured from natural grade. 11/23/2000 Page 20.42 -16 Specific Plan District #5 Mariners Mile • 20.42.055 Signs A. All signs in Mariner's Mile are encouraged to conform to the following five general criteria: 1. To the greatest extent possible, signs for each site should be limited to those identifying businesses, giving directions for on -site circulation and providing leasing information. 2. Advertising is discouraged on any sign (i.e., product/service information, prices and sale information, phone numbers, website addresses). 3. Sign copy should be located no closer than one half letter height to any sign edge or other line of copy to provide sufficient blank space around the letters for the sign to be legible. 4. Temporary Banners are allowed, subject to City permit requirements. 5. Lighted signs are allowed, subject to City ordinance requirements. B. All signs within the Mariner's Mile Specific Plan area (SP -5 District) shall be subject to Chapter 20.67 except as specified by the following requirements: • 1. Pole Signs, Multi -Tenant Signs and Single -Tenant Monument Signs. a. One (1) Pole Sign or Multi -tenant Sign or Single -tenant Monument Signs may be permitted on a building site with a minimum of 50 linear feet of street frontage. Additional signs may he considered for large building sites with a minimum of 300 linear feet of street frontage through the submittal of an integrated comprehensive sign program subject to approval by the Planning Director. b. The maximum height of a pole, multi -tenant or single -tenant monument signs shall be 25 feet above natural grade. Within the Mariner's Village Area except where a sign is located on Coast Highway, pole signs, multi -tenant signs or single -tenant monument signs should be designed to a pedestrian scale and the height should not exceed 15 feet above natural grade. c. Pole Signs shall consist of distinct base, column and sign panel elements (refer to Figure 1 — Pole Sign). Design and proportional relationships between sign elements as shown in Figure 1 are important, although variations are possible. The height of the base should be 25% of the total sign height. The sign shall incorporate a decorative base cap and pole cap. Articulated poles are encouraged. The bottom of the sign panel shall be clear of the natural grade walk by not less than 8 feet and • shall not overhang the public right -of -way greater than 2 feet subject to the approval 11/23/2000 u • • Page 20.42 -17 Specific Plan District #5 Mariner's Mile of the Public Works Department. The maximum sign panel area shall be calculated per Figure 1. Mrl�"('t1�4 -AhK�' M"A>^40 "r"LlD1^o 11 J3tnt ,* i m rrn3 r t-i'G6 ©lQL. it 'tasPa oNOki. . ,•max. � ►�� ,��.� says' }iw7c , 51cm J4WCA g tsrrr� !�►a16 Figure 1 — Pole sign rP 11/23/2000 • H='44,itA fin________ Page 20.42 -18 Specific Plan District #5 Mariner's Mile _ . vzt,v if -rw. W_ 1 II � 5 1 '71 M, MI, � 1�1!1� Figure 2 — Multi- tenant sign • �,��•,� xG,'t,�CfK��S 11/23/2000 E `$ 5 t HodI X }415 I cam'" fit- 4elGolr • r • SAL= #- L"am 4 1600 Page 20.42 -19 Specific Plan District #5 Mariners Mile °ri+►�,Nr�ry 4+►qa � - �LL *pOpCT'INE� �vt!►�ts€y} 114 0;0V_r A-I ieH d ' Pi��R�oNIk6•Rfl Mai a JL Go ifi Figure 3 — Single - tenant monument sign ���r+erlf 1112312WO Page 20.42 -20 Specific Plan District #5 Mariner's Mile • d. Multi- tenant Signs shall be monument signs or flush - mounted on building walls (refer to Figure 2 — Multi -Tenant Sign). Design and proportional relationships between sign elements as shown in Figure 2 are important, although variations are possible. Height of the base should be 16.67% of the total sign height. The width of the sign panel should be 25% of the total sign height. The height of the primary sign panel to be 25% of the total sign height and the secondary sign panels to be 25% of the total sign height. The maximum sign panel area shall be calculated per Figure 2. e. Single -tenant monument signs may be permitted for the purpose of business identification and shall comply with Subsection Id of this Section and Figure 3 although the sign may he monolithic without "reveals" and the base may be eliminated if desired. 2. Wall Signs. Wall Signs are permitted pursuant to Chapter 20.67 except as modified by this section. a. No wall sign shall have a projection over public property greater than 2 feet, nor extend above any adjacent parapet or roof of the supporting building. b. The area of a wall sign shall not exceed 1.5 square feet per linear business frontage. Building frontage is the linear extent of a building or business, which • has frontage on either a street, parking area or walkway. Only one side of the building facing the street, parking area or walkways shall be used to determine the maximum sign area. A width of a wall sign may not exceed 70% of business frontage or leasehold and the height of the sign may not exceed 75% of the height of the fascia or portion of the wall between the top of any windows and the lowest point of the roof. c. The location of a wall sign shall be the center of the building entry frontage or leasehold for which the sign advertises. The location of wall signs is depicted in Figure 4 — Wall Sign Location. Alternate locations may be approved if the Director of Planning finds the location is compatible with the design of the building and site. d. One sign per street frontage or parking lot frontage per business is allowed, with a maximum of 3 signs per business. Within multi -tenant buildings, one (1) wall sign may be permitted per business. Major Tenants with more than 2,000 square feet of floor area within a multi- tenant building may be permitted additional wall signs by the Planning Director. e. In addition to the wall signs permitted under this section, multi- tenant buildings shall be permitted a building directory wall sign listing tenants, not exceeding 25 square feet. • 3. Projecting signs are permitted pursuant to Chapter 20.67. 11/23/2000 • • • Page 20.42 -21 Specific Plan District #5 Mariner's Mile X a i.� x - a 70% of leasehold — maximum width b 75% of fascia — maximum height x Equal dimensions y Equal dimensions Figure 4 — Wall sign location Figure 5 — Leasing or marketing sign —Y T 11/23/2000 Page 20.42 -22 Specific Plan District #5 Mariner's Mile • 4. Leasing or marketing signs shall be non - illuminated ground signs or wall signs that convey basic information about the sale, leasing or construction activities of buildings or properties. Basic information should be limited to the name of the owner, broker, contractor, manager and/or agent, the area of the suite or property and a phone number or other contact information. a. Number: One (1) sign permitted per building site. b. Size: Twenty (20) square feet c. Recommended Design: A ground level sign with sign copy on a panel mounted to a dark color background as depicted in Figure 5 — Leasing or marketing sign. 5. Signs Not Permitted: The following signs are not permitted and existing signs of this type are to be removed in accordance with this Chapter: signs not permitted by existing signage ordinance, roof mounted signs or wall mounted signs that project above the roofline, permanent banner signs, painted window signs or "soap" signs, multi- tenant pole signs or "ladder" signs, changeable copy or "marquee" signs and painted wall signs painted directly on the building wall. 6. All signs permitted under this Chapter are subject to the criteria set forth in Chapter 20.67 and shall be consistent with the Mariner's Mile Design Framework. Where a • conflict exists between this Chapter and Chapter 20.67, the provisions of this Chapter shall take precedence. 7. All signs shall be required to obtain all necessary ministerial permits from the Planning Department and Building Department prior to installation. 8. For large building sites with a minimum of 300 linear feet of street frontage, an integrated, comprehensive sign program that generally respects the Mariner's Mile Design Framework and is compatible with the site and its surroundings may be submitted to the Planning Director for review. 9. All signs shall be removed or modified to conform to the requirements of this Chapter within fifteen (15) years from the effective date of this Chapter unless the sign is identified as a Heritage Sign or an exception permit is approved by the City. a. Notwithstanding any other provision of this Section, any nonconforming sign that would otherwise be prohibited by this Chapter shall be removed or modified to conform to the requirements of this Chapter upon any of the following: (1) If the owner, outside of a change in copy, requests permission to remodel a sign or expands or enlarges the building by 25% or 2,500 square feet, • whichever is less. For purposes of this subsection, remodel does not include normal repair or maintenance of a sign. Normal repair and maintenance shall 11/23/2000 Page 20.42 -23 Specific Plan District #5 Mariner's Mile • not include structural alterations to the sign or its supporting members that would extend the useful life of the sign beyond fifteen (15) years from the effective date of this Chapter. (2) If the owner of a site redevelops the property or seeks relocation of the sign. (3) If the sign has been more than fifty percent destroyed, and the destruction is other than facial copy replacement, and the display is not repaired within ninety days of the date of its destruction. (4) If the City and the owner of the sign agree to its removal on a given date. (5) If the use of the sign has ceased, or the structure upon which the sign is located has been abandoned by its owner, for a period of not less than ninety days. (6) If the sign is or may become a danger to the public or is unsafe as determined by the Building Official. (7) If the sign constitutes a traffic hazard not created by relocation of streets or highways or by acts of the City, as determined by the Traffic Manager. • b. Heritage Signs. The designation of a sign as a heritage sign is intended to allow nonconforming signs that otherwise would be required to be removed pursuant to this Chapter to remain if the sign or the establishment associated with the sign are determined to have historical or local identity significance to the City of Newport Beach in accordance with the standards established in this Section. (1) Application and Review authority. Application for heritage sign status may be submitted by the business owner or property owner for review by the Planning Commission. The Planning Commission shall review all applications and approve or disapprove heritage sign status pursuant to this Section. (2) Heritage Sign Criteria. The Planning Commission may designate a sign as a heritage sign if the sign is the type of sign that would be subject to removal pursuant to this Chapter and it meets the following criteria: (a) The sign is either historically significant or significant to local identity as defined herein: (i) Historically Significant. A sign is historically significant if the sign was erected or created before 1970 and is either representative of a significant sign - making technique or style of a historic era or • represents entities or establishments that are an important part of Newport Beach history. ]1/23/2000 Page 20.42 -24 Specific Plan District #5 Mariners Mlle • (ii) Local Identity Significance. A sign is significant to local identity if the sign was erected or created at any time and represents entities or establishments that reinforce a commonly recognized sense of local identity or character for a particular locality of Newport Beach. (b) The sign is visually significant in one of the following regards: (i) The sign possess a uniqueness and charm because it has aged gracefully. (ii) The sign remains a classic example of craftsmanship or style of the period when it was constructed and uses materials in an exemplary way. (iii)The sign compliments its architectural surroundings or is particularly well integrated into the structure. (iv)The sign is an inventive representation of the use, name, or logo of the building or business. (v) The sign is located on buildings or properties with buildings that have been designated as historic landmarks or have been listed in the City's • Historic Resources Inventory. (3) Procedure for Designation of Heritage Signs. City staff shall review each application for heritage sign status on a case -by -case basis to assess whether the sign meets the criteria for designation as a heritage sign. Based on this review, staff shall prepare findings and recommendations to the Planning Commission regarding their assessment and the application's merit regarding the designation. The Planning Commission shall review staff findings and recommendations at a noticed public hearing. • The Planning Commission may direct staff to undertake additional analysis to assess whether a sign should receive heritage sign status. The Planning Commission may also direct staff to undertake additional analysis of any sign already designated as a heritage sign. Staffs additional analyses and recommendations shall be available for public review and comment prior to the Planning Commission's subsequent meeting for review and action on a heritage sign. Upon due consideration of staff s findings and recommendations plus all public testimony and comment, the Planning Commission may approve or deny designation of heritage sign status. 11/23/2000 Page 20.42 -25 Specific Plan District #5 Mariner's Mile • (4) Appeals. The applicant or other affected party may appeal the Planning Commission's decision regarding designation or denial of heritage sign status to the City Council. Any appeal must be filed within fourteen days of the Commission's action and must be accompanied by the current administrative processing fee. The City Council shall hear /review all appeals at the earliest practical date, and the decision of the City Council upon such appeal shall be final. (5) Alteration of Heritage Signs. Designated heritage signs may be not be physically altered except for routine cleaning and general maintenance. Such cleaning and maintenance shall be consistent with the preservation of the character or defining features of the sign in all respects. A designated Heritage Sign may be removed if desired. If a designated heritage sign is removed, its heritage status shall be revoked. If the character or defining features of a designated heritage sign are altered, its designation as a heritage sign shall be revoked and the sign shall be removed. Where applicable, the sign may be modified to conform to the requirements of this Chapter. 20.42.060 Development Plan Review Required A. General. The City Council finds, determines and declares that the preservation • and enhancement of the Mariner's Mile area through the consistent application of sound urban design principles and the promotion of thoughtful and tasteful design while allowing creative flexibility as described in the Design Framework is desirable. Therefore, new or substantially altered development shall be reviewed for consistency with adopted design polices contained within the Mariner's Mile Design Framework in order implement the goals and objective of the Design Framework and Specific Area Plan and preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. 1. To assure that development of properties in Specific plan areas will not preclude attainment of the General Plan and Specific plan objectives and policies. 1 To protect and preserve the value of properties and to encourage high quality development thereof in Mariner's Mile where adverse effects could result from inadequate and poorly planned landscaping and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the impairment of the benefits of occupancy and use of existing properties in such area. 1 To ensure that the public benefits derived from expenditures of public • funds for improvement and beautification of streets and public facilities within Specific plan area shall be protected by the exercise of reasonable 11/23/2000 Page 20.42 -26 Specific Plan District #5 Mariner's Mile • controls over the layout and site location characteristics of private buildings, structures and open spaces. 4. To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. B. Application. Development Plan review and approval shall be obtained from the Planning Director prior to the issuance of a building permit for any exterior work for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by 25 percent or 2,500 square feet whichever is less, sign approval or initiation of landscaping rehabilitation. An Application for a Development Plan shall be filed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. C. Review. The Planning Director or his/her authorized representative shall review any plans, applications or other information for consistency with the adopted Mariner's Mile Design Framework and other applicable ordinances and policies. The Planning Director shall approve a Development Plan only if the project is • found to be consistent with the Design Framework and applicable ordinances and policies. The Planning Director shall have the discretion to refer any Development Plan to the Planning Commission for consideration and decision. 20.42.065 Notice and Public Hearing A. Public Hearings. The Planning Director or Planning Commission shall hold a public hearing on an application for a Development Plan. A public hearing is not required on applications for minor changes to existing signs including replacing a sign panel or applications that solely propose landscape rehabilitation. B. Time of Hearing. Upon the receipt, in proper form, of any application filed pursuant to this chapter, a time and place for a public hearing shall be fixed, to be held not less than 10 days nor more than 60 days thereafter. C. Required Notice. 1. Mailed or Delivered Notice. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights -of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, • from such other records as contain more recent addresses. It shall be the 11/23/2000 Page 20.42 -27 Specific Plan District #5 Mariner's Mile • responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. D. Contents of Notice. The notice of public hearing shall contain: 1. A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. E. Continuance. Upon the date set for a public hearing before the Planning Director or Planning Commission, the Director or Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. is 20.42.070 Rights of Appeal and Calls for Review • Appeals and calls for review of decisions of the Planning Director or Planning Commission regarding the implementation of this Chapter shall be governed by Chapter 20.95. 11/23/2000 Page 20.57 -1 MM Overlay District CHAPTER 20.57 • MM MARINERS MILE OVERLAY DISTRICT Sections: 20.57.010 Effect and Purpose of Chapter 20.57.020 Districting Map Indicator 20.57.030 Architecture and Site Planning 20.57.040 Property Development Regulations 20.57.050 Development Plan Review Required 20.57.055 Notice and Public Hearing 20.57.060 Rights of Appeal and Review 20.57.010 Effect and Purpose of Chapter The provisions of this chapter shall apply to all nonresidential parcels that front Coast Highway from the eastern boundary of Specific Plan #5, Mariner's Mile to the Back Bay Bridge. It is the purpose • of this chapter to implement the goals and policies of the Newport Beach General Plan and implement the Mariner's Design Framework. All applicable provisions of Title 20 of the Municipal Code shall apply except as modified by this Chapter. Where conflict arises with the provisions of this Chapter and other provisions of Title 20, the provisions of this Chapter shall take precedence. 20.57.020 Districting Map Indicator The MM Overlay District may be combined with any base district, and shall be shown on the Districting Map with an " -MM" designator. 20.57.030 Architecture and Site Planning Responsible urban design is a primary goal of the Mariner's Mile Specific Plan Area. Designs should respect their surroundings. The architecture and site plans of all Development Plans shall be found compatible with well designed surrounding properties. Site planning should accommodate the larger design concepts of the Mariner's Mile Design Framework (Urban Design, Landscape). Buildings should orient to the street in the Village areas and when surrounded by parking. Roofs and roof elements should respect views from above and in an aesthetically pleasing manner. Roof top mechanical equipment shall be concealed in a coordinated fashion or be located within the building or structure. Overall site planning shall also promote pedestrian connections and pedestrian • amenities within the village area, and provide public access to the water along the bay. Building and structures should adhere to the Color and Materials Palette identified in the Mariner's Mile Design Framework. 11/23/200 Exhibit `B" Page 20.57 -2 MM Overlay District 20.57.040 Property Development Regulations • A. Landscape areas shall be provided in accordance with Chapter 20.42 except subsection (M) 3 is not applicable. B. Walls and Fences shall be regulated in accordance with Chapter 20.42. C. Utilities and Ground Mounted Equipment shall be regulated in accordance with Chapter 20.42. D. Vehicular Access & Lot Consolidation. New vehicular access driveways on Coast Highway should be avoided or minimized in order to minimize potentially hazardous turning movements on and off Coast Highway. Developments are strongly encouraged to consolidate lots and provide shared access with adjacent properties whenever possible. E. Lighting. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. Parking lot lighting shall have zero cut -off fixtures and "shoebox" lights are preferred. The use of low level lighting to illuminate walkways, landscape accent lighting and building accent lighting is encouraged. Light standards shall not exceed 20 feet measured from natural grade. • F. Signs shall be regulated in accordance with Chapter 20.42. 20.57.050 Development Plan Review Required A. General. The City Council finds, determines and declares that the preservation and enhancement of the Mariner's Mile area through the consistent application of sound urban design principles and the promotion of thoughtful and tasteful design while allowing creative flexibility as described in the Design Framework is desirable. Therefore, new or substantially altered development shall he reviewed for consistency with adopted design polices contained within with the Mariner's Mile Design Framework in order implement the goals and objective of the Design Framework and preserve and promote the health, safety, and general welfare of the community by achieving the following purposes. To assure that development of properties in Mariner's Mile Overlay Area will not preclude attainment of the General Plan objectives and policies. 2. To protect and preserve the value of properties and to encourage high quality development thereof in Mariner's Mile Overlay Area where adverse effects could result from inadequate and poorly planned development and from failure to preserve where feasible natural landscape features, open spaces, and the like, and will result in the • impairment of the benefits of occupancy and use of existing properties in such area. 3. To ensure that the public benefits derived from expenditures of public funds for 11/23/2000 Page 20.57 -3 MM Overlay District improvement and beautification of streets and public facilities within Mariner's Mile • Overlay Area shall he protected by the exercise of reasonable controls over the layout and site location characteristics of private buildings, structures and open spaces. 4. To promote the maintenance of superior site location characteristics adjoining Coast Highway, a thoroughfare of city wide importance; to ensure that the community benefits from the natural terrain, harbor and ocean; and to preserve and stabilize the grounds adjoining said thoroughfare, and to preserve and protect the property values in said areas. B. Application. Development Plan review and approval shall be obtained from the Planning Director prior to the issuance of a building permit for any exterior work for any new building to be constructed, or existing building to be reconstructed or remodeled to increase the gross floor area by 25 percent or 2,500 square feet whichever is less, sign approval or initiation of landscaping rehabilitation. An Application for a Development Plan for a shall be filed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. C. Review. The Planning Director or his/her authorized representative shall review any plans, applications or other information for consistency with the adopted Mariner's Mile Design Framework and other applicable ordinances and policies. The Planning Director shall only approve a Development Plan if the project is found to be consistent with the Design Framework and applicable ordinances and policies. The Planning Director shall have the • discretion to have the Planning Commission consider any development plan. 20.57.055 Notice and Public Hearing A. Public Hearings. The Planning Director or Planning Commission shall hold a public hearing on an application for a Development Plan. A public hearing is not required on applications for minor changes to existing signs including replacing a sign panel or applications that solely propose landscape rehabilitation. B. Time of Hearing. Upon the receipt, in proper form, of any application filed pursuant to this chapter, a time and place for a public hearing shall be fixed, to be held not less than 10 days nor more than 60 days thereafter. C. Required Notice. I . Mailed or Delivered Notice. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet, excluding intervening rights - of -way and waterways, of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. • 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. 11/23/2000 Page 20.57 -4 MM Overlay District D. Contents of Notice. The notice of public hearing shall contain: • 1. A description of the location of the project site and the purpose of the application; • • 2. A statement of the time, place, and purpose of the public hearing; 3. A reference to application materials on file for detailed information; 4. A statement that any interested person or authorized agent may appear and be heard. E. Continuance. Upon the date set for a public hearing before the Planning Director or Planning Commission, the Director or Commission may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.57.060 Rights of Appeal and Review Appeals and calls for review of decisions of the Planning Director or Planning Commission regarding the implementation of this Chapter shall be governed by Chapter 20.95. 11/23/2000 CHAPTER 20.57 MM • MARINERS MILE OVERLAY DISTRICT Sections: 20.57.010 Effect and Purpose of Chapter 20.57.020 Districting Map Indicator 20.57.030 Architecture and Site Planning 20.57.040 Property Development Regulations 20.57.050 Development Plan Review Required 20.57.055 Notice and Public Hearing 20.57.060 Rights of Appeal and Review 20.57.010 Effect and Purpose of Chapter The provisions of this chapter shall apply to all nonresidential parcels that front Coast Highway from the eastern boundary of Specific Plan #5, Mariner's Mile to the Back Bay Bridge. It is the purpose of this chapter to implement the goals and policies of the Newport Beach General Plan and implement the Mariner's Design Framework. All applicable provisions of Title 20 of the Municipal Code shall apply except as modified by this Chapter. Where conflict arises with the provisions of • this Chapter and other provisions of Title 20, the provisions of this Chapter shall take precedence. 20.57.020 Districting Map Indicator The MM Overlay District may be combined with any base district, and shall be shown on the Districting Map with an " -MM" designator. 20.57.030 Architecture and Site Planning Responsible urban design is a primary goal of the Mariner's Mile Specific Plan Area. Designs should respect their surroundings. The architecture and site plans of all Development Plans shall be found compatible with well designed surrounding properties. Site planning should accommodate the larger design concepts of the Mariner's Mile Design Framework (Urban Design, Landscape). Buildings should orient to the street in the Village areas and when surrounded by parking. Roofs and roof elements should respect views from above and in an aesthetically pleasing manner. Roof top mechanical equipment shall be concealed in a coordinated fashion or be located within the building or structure. Overall site planning shall also promote pedestrian connections and pedestrian amenities within the village area, and provide public access to the water along the bay. Building and structures should adhere to the Color and Materials Palette identified in the Mariner's Mile Design Framework. 11/23/2000 Exhibit `B" EZ "ON d 9� `_X e ire t'p 5 c °` 2Sia`O 33 � s 3 pxo �A at;V M \b A V 1 i11S'.b� A ] i tr .°_ y o e / oar•_° b -o, �:�• '-a ..4 �, / / Y \R, , � �A.• !gib N �,\P F a •P o. � b o_'r Z 0 f i W W M Exhibit "C55 a I- CQ 0''. G C 0 Vi Z F U UQ W Uj 0 LLI Z O ci z 2 WM1 O u a i - o l 0 o , < =;9 % 7 0 u t i _ n � e o � �g J�I oe� 4 4 4 Cq OLL. T N'. 00 J% A. w LL. 0 '0 1 Fx]3AIma U A3 AI.3.� a T.y i I--II MID U I 11 0. "1 yon yr • E STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 2000 -20 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of October, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil and Mayor Noyes Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of October 2000. (Seal) STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } � /��,�, mv -44� City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2000 -20 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 date, to wit: October 28, 2000. In witness whereof, I have hereunto subscribed my name this Z�,Y day of • 6� n m &I /Lt;-? City Clerk City of Newport Beach, California