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Home My WebLink About2004-15 - Approving an Amendment to Title 20 of the Newport Beach Municipal Code Relating to Section 20.42.050(M) Mariners Mile Landscape Standards (PA2004-104)ORDINANCE NO. 2004- 15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SECTION 20.42.050(M) MARINERS MILE LANDSCAPE STANDARDS (PA2004- 104) WHEREAS, on May 20, 2004 the Planning Commission of the City of Newport Beach initiated an amendment to Title 20 of the Newport Beach Municipal Code to amend section 20.42.050(M); and WHEREAS, on June 17, the Planning Commission of the City of Newport Beach held a noticed public hearing regarding this code amendment; and WHEREAS, the Planning Commission voted unanimously to recommended approval of this code amendment to the City Council; and WHEREAS, on July 13, 2004, the City Council of the City of Newport Beach held a noticed public hearing regarding this code amendment; and WHEREAS, The addition of two shrub species will allow some variation and options for developers and property owners and the reduction in the number of required Washingtonia robusta (Mexican fan palm) from 1 per each 18 feet of street frontage to 1 per every 30 feet is consistent with the intent of the Mariner's Mile Strategic Vision and Design Framework. and will create the continuum of landscaping sought; and WHEREAS, pursuant to the California Environmental Quality Act, the proposed amendment is exempt from environmental review pursuant to section 15305, minor alterations in land use limitations, of the implementing guidelines of CEQA since the amendment to the Zoning Code is a modest change in landscaping requirements. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 20 of the Newport Beach Municipal Code shall be amended to revise Section 20.42.050(M) of the Municipal Code as provided in Exhibit "A ". 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. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on July 13, 2004, and adopted on the 27th day of July 2004, by the following vote, to wit: AYES, COUNCIL MEMBERS Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS None CITY CLERK Exhibit "A" (M) Landscape areas shall be provided as follows: 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 either the Ligustrum j. "Texanum" (Texas Privet) planted a minimum of 30 inches on center, the Buxus microphylla japonica (Japanese Boxwood) planted a minimum of 18 inches on center or the Carissa macrocarpa'Tuttle' planted a minimum 24 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 30 feet. The number of palms resulting from this calculation are required; however a minimum of two palms are required per lot. 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. 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. 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. 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. 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 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. STATE OF CALIFORNIA } COUNTY OF ORANGE 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. 2004 -15 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 13th day of July 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2004 -15 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: July 31, 2004. In witness whereof, I have hereunto subscribed my name this day of 2 GGi,S 2004. City Clerk City of Newport Beach, California