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HomeMy WebLinkAbout04 - Lido House HotelCITY OF NEWPORT BEACH City Council Staff Report September 23, 2014 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: James Campbell, Principal Planner PHONE: (949) 644 -3210, jampbell@newportbeachca.gov TITLE: Adoption of Ordinance No. 2014 -16 Approving Zoning Code Amendment No. CA 2014 -003 for the Former City Hall Site and Lido House Hotel ABSTRACT The second reading and adoption of Ordinance No. 2014 -16, approving Zoning Code Amendment No. CA 2014 -003 establishing the MU -LV (Mixed- Use -Lido Village) zoning district and changing the zoning district of the former City Hall site located at 3300 Newport Boulevard and 475 32nd Street from PF (Public Facilities) to MU -LV consistent with General Plan Amendment No. GP2012 -002. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2014 -16 (Staff Report Attachment CC1), An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2012 -003 for the Former City Hall Complex Land Use and Zoning Amendments Located at 3300 Newport Boulevard and 475 32nd Street (PA2012 -031). FUNDING REQUIREMENTS: Approval of this item does not require any changes to the current budget. DISCUSSION: On September 9, 2014, after a noticed public hearing, the City Council introduced and passed to a second reading Ordinance No. 2014 -16, approving Zoning Code Amendment No. CA2012 -003. The Zoning Code Amendment was reviewed in conjunction with a General Plan Amendment, Coastal Land Use Plan Amendment, Site Development Review, Conditional Use Permit, and Traffic Study for the Lido House Hotel Project. For more information about this item, please see the staff report and related attachments from the September 9, 2013 meeting. 4 -1 ENVIRONMENTAL REVIEW: The Lido House Hotel Environmental Impact Report (SCH. 2013111022), including a Mitigation Monitoring and Reporting Program, was adopted by the City Council (Resolution No. 2014 -80) on September 9, 2014, in accordance with the implementing guidelines of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC1 - Ordinance No. 2014 -16 4 -2 Attachment M An Ordinance of the City Council of the City of Newport Beach Approving Code Amendment No. CA2012 -003 4 -3 ORDINANCE NO.2014 -16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING ZONING CODE AMENDMENT NO. CA2012 -003 FOR THE FORMER CITY HALL COMPLEX LAND USE AND ZONING AMENDMENTS LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2012 -031) WHEREAS, On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan, and Zoning Code with respect to the former City Hall Complex (the "Property "), legally described in Exhibit "A ", located at the northeast corner of the intersection of Newport Boulevard and 32 "d Street at 3300 Newport Boulevard and 475 32nd Street. The amendments are generally described as follows: a. General Plan Amendment No. GP2012 -002 - The amendment includes a text and map change to replace the existing Public Facilities (PF) designation for the Property with a new mixed -use land use category (MU -1­15) and establish density and intensity limits within Table LU -2 of the Land Use Element by establishing a new anomaly location. b. Coastal Land Use Plan Amendment No. LC2012 -001 - The amendment includes a text and map change to replace the existing Public Facilities (PF) designation for the Property with a new mixed -use land use category (MU) and establish density and intensity limits within Table 2.1.1 -1. The proposed amendment also includes a change to Policy 4.4.2 -1 to establish the policy basis for higher height limits. C. Zone Code Amendment No. CA2012 -003 - The amendment includes a text and map change to replace the existing Public Facilities (PF) zoning designation for the Property with a new zone MU -LV designation (Mixed- Use -Lido Village) to establish density and intensity limits consistent with the proposed General Plan amendment. Development standards and allowed uses would also be established. WHEREAS, An application was filed by R.D. Olson Development ( "Applicant') with respect to a portion of the Property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the City (3300 Newport Boulevard), requesting approval of a site development review, conditional use permit, and traffic study for the development and operation of a luxury, 130 -room hotel that would include, as originally proposed, 99,625 square feet of building area comprised of guestrooms, public areas, and back of house (operational) areas (the Lido House Hotel). The following approvals are requested or required in order to implement the Project as proposed: a. Site Development Review No. SD2014 -001- A site development review application for the development of a luxury, 130 -room hotel called the "Lido House Hotel' and all appurtenant facilities including landscaping, parking, and public open space along Newport Boulevard and 32nd Street. Redevelopment of the Property Posted online: 512812013 -1 4 -4 includes the demolition of all structures on -site at 3300 Newport Boulevard but no demolition of Fire Station No. 2 and its appurtenant facilities. The project would include the provision of necessary utility connections to serve the proposed project and public improvements fronting the project site along Newport Boulevard and 32nd Street. b. Conditional Use Permit No. UP2014 -004 - A Conditional Use Permit for the operation of the proposed hotel and accessory/ancillary uses including the sale of alcoholic beverages and the establishment of on -site parking management including the use of valet parking services. Accessory and ancillary uses to the hotel include, but are not limited to, retail uses, restaurants and bars, meeting rooms, day spa facilities including massage, and guest recreational areas. C. Traffic Study No. TS2014 -005 - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal Code. WHEREAS, On June 5, 2014, the Planning Commission held a study session for the project in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the DEIR and Project. WHEREAS, On July 17, 2014, the Planning Commission was scheduled to conduct a public hearing for the project. However, to provide the public additional opportunity to review the staff report, the item was continued to August 7, 2014. The August 7, 2014 was canceled, so a special meeting was conducted on August 11, 2014. WHEREAS, The Planning Commission held a public hearing on August 11, 2014, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the Newport Beach Municipal Code ( "NBMC"). The environmental documents for the Project comprising the DEIR, Final Environmental Impact Report ( "FEIR ") which consists of Responses to Comments, and Mitigation Monitoring and Reporting Program ( "MMRP "), the draft Findings and Facts in Support of Findings (Findings), Errata, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at these hearings. WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No. 1952 by a vote of 5 -0 recommending certification of the Lido House Hotel Final EIR (Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014 -003, SCH No. 2013111022) the Former City Hall Amendments (PA2012 -031) and Lido House Hotel (PA2013 -217). WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No. 1953 by a vote of 5 -0 recommending and approval of the Former City Hall Amendments (Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012 -031) without a mixed - use /residential component and approval of the Lido House Hotel (PA2013 -217). WHEREAS, The City Council held a public hearing September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the Pwted online: 528/2013 -2- 4 -5 time, place and purpose of the aforesaid meeting was provided in accordance with CEQA and the NBMC. The environmental documents for the Project comprising the Final EIR, including the Responses to Comments and Errata (revisions) to the Draft EIR, and the Mitigation, Monitoring and Reporting Program, staff report, and evidence, both written and oral, were presented to and considered by the City Council at the scheduled hearing, as the decision - making body of the lead agency, for certification as having been completed in compliance with the provisions of CEQA and State and local guidelines implementing CEQA. WHEREAS, The Lido House Final Environmental Impact Report'No. ER2014 -003 (SCH No. 2013111022) was prepared for the Project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines; and City Council Policy K -3. By Resolution No. 2014- the City Council, having/final approval authority over the Project, adopted and certified as complete and adequate\the Lido House�.Final Environmental Impact Report No. ER2014 -003 (SCH No. 20131111022), and adopted \Mitigation Monitoring and Reporting Program ". Resolution No. 2014 - is hereby incorporated by reference. WHEREAS, Zoning Code Amendments are leg Municipal Code nor State Planning Law set fort\'6", e denial of such amendments, unless they are deteim ni necessity and convenience and the general welfare. WHEREAS, The proposed code the Newport Beach General Plan and the conclusion of the consistency a policies provided in the /FE,IR--,,,� WHEREAS, Plan Amendment 001, and provides former citv.hall-site andran'sit opportunities proposed \Code Amend\ rr GP2014 =002, including a area while\e ring neigl residents an0n crease ac acts and neither the City findings for either approval or to be required for the public )nt with the goals and policies of n \The City Council concurs with d,project with these goals and used code amendment is consistent with the proposed General 12- 0021/and Coastal \Land Use Plan Amendment No. LC2012- te /6se_, andl development standards for the redevelopment of the is'I'ocated in proximity to commercial services, recreational uses, Fith routine bus service provided along Newport Boulevard. The nt\ provides for variety of land uses for the site consistent with uxury hotel that will to promote revitalization of the Lido Village orhood compatibility. The proposed hotel will serve visitors and 'ss opportunities in the Coastal Zone. WHEREAS, �Pwr"suarit to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as adopted in City Council Resolution No. , entitled "Findings and Facts in Support of Findings for the Lido House Hotel, Final Environmental Impact Report, State Clearinghouse No. 2013111022, which findings shall be incorporated herein by reference. PWM online: 0282013 -3- M NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and establish the "MU -LV" Zoning District within Table 1 -1 as follows with all other existing provisions of Section 20.14.020 and Table 1 -1 remaining unchanged. Tiabl'e 1, -1 Mixed-Use Zoning! Districts, MU -V Mixed -Use Vertical MU -V Mixed- Use,,Vertical MU-MM MU -DW MU -CV /15th Street Mixed -Use MU -H Mixed'' -,Use Use MU -W1 MU -W2 Mixed -Use Water MUW Mixed- UseNWater- Related \\� Section 2: Amend Section 20.14.010 (oZ change the zoning district of 3300 Newport Boulevai Facilities) to MU -LV (Mixed -Use – Lidb�Vil ge) and Exhibit "B ". All related zoning maps or diagrams shz with the new zoning district. Additionally, any maps of the site as "City Hall," saidrl ba el-shall be \r iio edlfrc of the new City Hall located —at -4 0 Civic GenterrDm diagram is authorized 1 Section 3: 'F add Subsection G as igi Map Adopted by Reference) to nd\475 32nd Street from PF (Public stablish Anomaly #85 as depicted in be amended to maintain consistency iagrams,�w.ithin Zoning Code that label ,thi Zoning Map and labeling the site as "City Hall" on any Zoning Map or 0 `(iPurposes of Mixed -Use Zoning Districts) to stingvprovisions of Section 20.20.010 remaining G. <Ty h6 MU -LV (Mired- Use` - Ifido Village) zoning district. This district applies to the former City Hall complex located i at�the northeast corner of the intersection of Newport Boulevard and 32nd\Street\\- he MU -LV designation provides for the horizontal or vertical intermixing ofi\commercial, visitor accommodations, and /or civic uses. Civic uses may include a c om, munity center, public plazas, fire station and /or public parking. Section, 4: \Amen&Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit' Requirements) to add allowed uses and establish permit requirements for the MU -LV zoning /district within Table 2 -9 as highlighted in Exhibit "C" with all other existing provisions of Section 20.20.020 remaining unchanged. Section 5: Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the MU -LV zoning district within Table 2 -11 as highlighted in Exhibit "D" with all other existing provisions of Section 20.20.030 remaining unchanged. P.Sted.dlm Wa2013 -4- 4-7 Section 6: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summa y,thereof, to be published in the official newspaper of the City, and the ordinance shall become final and effective upon the effective date of approval by the California Coastal Comm ission of the Coastal Land Use Plan Amendment (LC2012 -001). < / \\�� This Ordinance was introduced at a regular Newport Beach held on the _ day of / , 2014, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCI NT COUN'CILME ATTEST: LEILANI I. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE RK AARON C. HARP, CITY ATTORNEY P=W online: 528/2013 3 of the City Council of the City of 4, and adopted o the _ day of Rush N. Hill, II, Mayor -5- !W EXHIBIT "A" Legal Description LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, T06NSHIP 6 SOUTH, RANGE 10 WEST; SAN BERNARDINO MERIDIAN, ACCORDING TO TiHE.OFFICIA PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS:n� BEGINNING AT THE INTERSECTION OF THE NC THE NORTHERLY PROLONGATION OF THE E4 OF "LANCASTER'S ADDITION TO NEWPORTI�BE IN BOOK 5, PAGE 14 OF MISCELLANEOUS CALIFORNIA; THENCE NORTH 0'44'30" PROLONGATION 400.00 FEET; THENCE WESTE LINE AND LOT 1 IN BLOCK "A" OF\SA`D,LANCA; 461.53 FEET TO A POINT IN THE\EASTERLY SHOWN ON TRACT NO. 108, AS SHOV1 SAID MISCELLANEOUS MAPS; THENC SAID CENTRAL AVENUE401�79 FEET, OF SAID LOT 1; THE;/ NCEyEASliERLY A NORTHERLY LINE,OF THE HUDSON" EXCEPTING THEREFROM THE' LAND D CERTAIN RESOLUTION N0A28470F� CERTIFIED COPY OF�WHICHI,RECORDE OFNORANGE CO OFFICIAL RECORDS. RTiHERLY LINE OF "TRE HUDSON" WITH pTERLY LINE OF LOT :h1 ,ANBLOCK 431 CH ", AS SHOWN ON A MAP hCORDED RECORDS OF ORANGE,/COUNTY, WEST ALONG SAID NORTHERLY ��LY`PARALLEL WITH SAID NORTHERLY TER'-SADDITION TO NEWPORT BEACH LINE OF''SAID CENTRAL AVENUE, AS 4AP RECORDED IN BOOK 2, PAGES 1 OF 1ERLYNALONG, THE EASTERLY LINE OF R�L'E5S„ TO fr E NORTHWEST CORNER E NORTHERLY OF SAID LOT 1 AND SAID ET TO THE POINT OF BEGINNING. CRIBED IN THE DEED ATTACHED TO THAT E IT COUNCIL OF NEWPORT BEACH, A Iv1ARCH11, 1946 IN BOOK 1404, PAGE130 OF LAND DESCRIBED AS PARCEL 2 IN DEED TO THE RCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID 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\T�HE 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" P=M odba: 5232013 -6- 4-9 TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK'A "; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY 0!'F EWPORT 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 0'44'30" WEST ALONG THE EASTERLY LINE OF THENCE NORTH 40'47'07" WEST 170.97 FEET - SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44 OF SAID ALLEY 220.89 FEET TO THE SOUTHO AS SHOWN ON A MAP RECORDED IN 13001 MISCELLANEOUS MAPS, RECORDS OF SAI[ 89'15'30" EAST ALONG THE SOUTHERLY LINE C A DISTANCE OF 110.00 FEET TO THE POINT OF EXCEPTING THEREFROM THE L) GRIFFITH COMPANY RECORDED OFFICIAL RECORDS OF ORANGE C ALSO EXCEPTING COMPANY RECOR OF ORANGE COUR PARCEL 4: THAT PORTION OF 1 BOOK,35„ PAGE,48 SOUTHEF GRIFFITH OFFICIAL m 99 �F/ SAID 'LOT�3; THENCE NORTH -O T/3 A DISTANCE OF 90.00 FEET; ;DINT IN TH16WiSTERLY LINE OF AST ALONG THE,WESTERLY LINE RLY CORNER OF TRACT NO 907, PAGES 25 TO 36 INCLUSIVE OF INGE COUNTY; THENCE NORTH DrTRA'CT NO. 907 AND SAID LOT 3, 1 IN DEED TO THE 1741, PAGE 174 OF THE LAND` DESCRIBED;,IN DEED TO THE GRIFFITH 953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS AS SHOWN ON A MAP RECORDED IN PS, RECORDS OF ORANGE COUNTY, AT THE�S:G�UTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH =ST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST Y CORNER OF\ THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE m OF BEGINNING';" OF SAID LAND O, 89'15'30" EAST 4E EAST 53.54 FEET RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFWSA/1D ORANGE COUNTY, SAID POINT BEING THE TRUE POINT NCE /NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE RIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH ,FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" THE TRUE POINT OF BEGINNING. PARCEL5: 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 fled online: 5282013 _7_ 4 -10 Exhibit "B" Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district of 3300 Newport Boulevard and 475 32nd Street and establish Anomaly #85 as follows. - - 4531 - 512 32 ND S T 507 ` 3421 m � a 510 — 508 1341.5 .� 'ro 506 3411 Accessory commercial floor area is 5041 �3405 CG 0.5 ppo pm o Y 502` � 1u y m O N T 500 is included within the hotel development 21NLEY nyt r� `i pcH 10! 11 3345 406 3341 O _1,2 3337 - :04 - 3333 -102 3325 400 112 ^ 3315 400 3305 3300 MU -LV CC 0.5 FAR e r R2 = m$ d P F < CN 0.3 FAR o 475 i c 7x O O 0 < �6 vu UMA" 32 ND S T 3116 m � a 3112 3110 C V�R SI 475 i c 7x O O 0 < �6 vu UMA" Anoma/v 32 ND S T Development Limit Other Additional Information Number Accessory commercial floor area is ml Ny pm 85 y m O N T is included within the hotel development limit. Municipal facilities are not restricted O IY MU -CV /15TH ST 1 1 � pI 1F Anoma/v Development Limits Development Limit Other Additional Information Number Accessory commercial floor area is allowed in conjunction with a hotel and it 85 98,725 sf of hotel is included within the hotel development limit. Municipal facilities are not restricted or included in any development limit. POSTe CN ne. 5282013 —8- 4-11 Exhibit °C" Amend Subsection C of Section 20.22.020 (Mixed -Use Zoning Districts Land Uses and Permit Requirements) to add allowed uses and establish permit requirements for the new MU -LV zoning district within Table 2 -9 highlighted as follows: TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed' Land Use MU -W1 (5)(6) MU -W2 MU -LV Specific Use Regulations See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, Warehousing Uses Handicraft Industry P P P Industry, Marine - Related P P — Research and Development P P — Recreation, Education, and Public Assembly Uses Assembly /Meeting Facilities Small -5.000 sq. fl. or less (religious assembly may be larger than 5,000 sq. ft.) CUP CUP MUP Commercial Recreation and Entertainment CUP CUP P Cultural Institutions P P — Parks and Recreational Facilities CUP CUP P Schools, Public and Private CUP CUP — Residential Uses Single -Unit Dwellings Located on 1st floor — — — Located above 1st floor P (1) P (2) — Section 20.48.130 Multi -Unit Dwellings Located on let floor Located above 1st floor P (1) P (2) — Section 20.48.130 Two-Unit Dwellings Located on tat floor — Located above tat floor P (1) P (2) — Home Occupations P P (2) — Section 20.48.110 Care Uses Adult Day Cam Small (6 or fewer) P P — Child Day Care Small (8 or fewer) P P — Section 20.48.070 Day Care, General — MUP — Section 20.48.070 P stP.1 ord ne S EV2013 ME 4 -12 TABLE 2.9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Sector, 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed' Land Use MU -W1 (5)(6) MU -W2 MU4_V Specific Use Regulations See Part 7 of thistitle for land use definitions. See Chapter 20.12 for unlisted uses. Retail Trade Uses Alcohol Sales (offsale) MUP MUP Muip Section 20.48.030 Alcohol Sales (off- sale), Accessory Only P P P Marine Rentals and Sales Boat Rentals and Sales P P P Marine Retail Sales P P P Retail Sales P P P VisitwSerNng Retail P P P SeMce Uses —Business, Financial, Medical, and Professional ATMs P P P Emergency Health Facilities /Urgent Care — P — Financial Institutions and Related Services (above 1st flow only) P P P Financial Institution and Related Services (1st Scor) P Offices—Business P P P Offices—Medical and Dental (above 1st flow only) — P — Offices—Profession P P — SeMCe Uses — General Animal Retail Sales MUP MUP — Section 20.48.050 Artists' Studios P P P Eating and Drinking Establishments Accessory Food SeMce (open to public) P P P Section 20.48.090 Fast Food (no late hours) (3$4) P /MUP P /MUP P /MUP Section 20.48.090 Fast Food (with late hours) (3) MUP MUP MUP Section 20.48.090 Food Service (no alcohol, no late hours) (3$4) P /MUP P /MUP P /MUP Section 20.48.090 Food SeMce (no late hours) (3) MUP MUP MUP Section 20.48.090 Food SeMce (with late hours) (3) CUP CUP CUP Section 20.48.090 Take-0ut Service— limited (3) (4) P /MUP P /MUP P /MUP Section 20.48.090 Health/Fitness Facilities Small -2.000 sq. fl. or less P P P Maintenance and Repair Services P P P Marine SeNces Boat Storage CUP CUP — Boat Yards CUP CUP — Entertainmenl and Excursion Services P P — Marine Service Stations CUP CUP — Water Transportation SeMCes P P — Personal Services Massage Establishments MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP MUP Section 20.48.120 Nail Salons P P P Personal SenAces, General P P P Personal Services, Restdcled MUP MUP — Smoking Lounges — — — Pwtw Mline'. 52&2013 �1 0� 4 -13 TABLE 2 -9 ALLOWED USES AND PERMIT REQUIREMENTS Mixed -Use Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed' Land Use MU -W7 (5)(6) MU -W2 MU -LV Specific Use Regulations See Part of thistitie for land use definitions. See Chapter 20.12 for unlisted uses. Visitor Accommodations Hotels, Motels. Bed and Breakfast Inns, and Time Shares CUP CUP CUP Transportation, Communications, and Infrastructure, Parking Facilities MUP MUP MUP Communication Facilities P P P Heliports and Helistops (7) CUP CUP — Marinas Tile 17 Manna Support Facilities MUP MUP — Ulililies, Minor P P P Utilities, Major CUP CUP CUP Wireless Telecommunication Facilities Chapter 15.70 Other Uses Accessory Structures and Uses MUP MUP MUP Outdoor Storage and Display MUP MUP MUP Section 20.48.140 Personal Property Sales P P P Section 20.48.150 Special E.enis Chapter 11.03 Temporary Uses LTP LTP I 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) Mayonlybe located on lots with a minimum of two hundred (200) lineal feetof frontage on Coast Highway. Refer o Section 20.48.130 (Mxed -Use Projects) for additional development standards. (2) May only be located above a commercial use and not parking use. Refer to Section 20.48. 130 (Mmd -Use Projects) or additional development standards. (3) Late Hours. Facilities with late hours shall mean facilities that offer soNce and are open to the public post 11:00 p.m. anydayof We week. (4) Perm itted or Mnor Use Permit Resulted. a. Aminor use perm its hall be required or any use located within five hundred ( 500) feel property line o property line. of any residential zoning district b. Am lnor use permit shall be required for anyuse that maintains late hours. (5) Approval of a minor site development review, In compliance with Section 20.52.080. shall be required prior W anydevelopment to ensure that the uses are fully integrated and that polenbal impacts from Weir differing acWties are fully mitigated. (6) Aminimum of fifty(50) percent of the square footage ofa mixed -use development shall be used or nonresidential uses. (7) Applicants or City approval of a heliport or helistop shall provide evidence that the proposed heliport or helistop complies ollywith Slate of Caliomia permit procedures and with any and all conditions ofapprowl imposed by the Federal Adation Administration (FAA), the Airport Land Use Commission or Orange County (ALUC), and by the Caleans Dhlsion of Aeronautics. Posted online'. 528(2013 6`e 4 -14 Exhibit "D" Amend 20.22.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the new MU -LV zoning district within Table 2 -11 highlighted as follows: TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED -USE ZONING DISTRICTS Development Feature MU.W1 (3) MU -002 MU-LV Additional Requirements Lot Dimensions (1$2) Minimum dimensions required for each newly created lot. Lot Area Mixed -use structures 20.000 sq. ft. 2.500 sq. ft. 20,000 sq. ft. Non -mixed -use structures 10,000 sq. ft. 2,500 sq. ft. 10,000 sq. ft. Lot Width Mixed -use structures 200 ft. 25 ft. 200 ft. Non -mixed -use structures 60 ft. 25 ft. 50 ft. Density (4) Minimum/maximum allowable density range for residential uses. Lot area required per unit Minimum: 7.260 sq. ft. per unit Minimum: 1,631 Maximum: 2.167 N/A Floor Area Ratio (FAR) (5) N/A Mixed -use de. lopment Min. 0.35 and Max. 0.5 for Min. 0.35 and Max. 0.5 for N/A nonresidential uses. nonresidential. Max. 0.5 for residential uses. (3) Max. 0.75 for residential uses. Marc. 1.0 for mixes projects Lido Marne Village Min. 0.35 Max. 0.7 for nonresidential and 0.6 residential. Nonresidential only 0.5 commercial only (3) 0.5 commercial only 98,725 sf of hotel Setbacks The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 Newport Boulewrd: 1 ft. for below grade structures 20 ft. for stmctums up to 26 feet in height 35 ft. for siructums over 26 feet in height Side 0 0 32nd Street: 1 ft. for below grade stmctums 1 fl. for structures up to 26 feet In height 10 ft. for structures over 26 feet in height Intedoc 1 ft. for below grade structures 5 ft for above grade structures Side adjoining a residential 5 fl. 5 ft. 5 fl. district Rear 0 0 5 ft. Rear residential portion of NIA 6 ft. 5 ft . mixed use Rear nonresidential adjoining a WA 5 ft. 5 ft. residential district. Rear adjoining an alley WA 10 fl. 10 fl. Bulkhead setback 10 ft. 1 10 ft. 10 fl. Posted online: 5282013 -12- 4 -15 TABLE 2 -11 DEVELOPMENT STANDARDS FOR WATERFRONT MIXED-USE ZONING DISTRICTS Open Space WA I WA 1 20% of property Common open space Minimum 75 square feet1dwelling unit (The minimum dimension (length and width) shall be 15 feel.) Pdwle open space 5% of the gross floor area for each dwelling unit. (The minimum dimension (length and width) shall be 6 feet.) Minimum distance between detached structures on same lot. Separation Distance 10 ft. 1 10 ft. 00. Height Maximum allowable height of structures without discretionary approval. Sae Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase In height limit. 26 ft. Win flat roof, less than 3/12 roof pitch 31 ft. with sloped roof. 3112 roof pitch or greater 155 ft. with flat roof. less than 3112 rod pitch (6) 60 A. with sloped roof, 3112 rod pitch or greater (6) Fencing See Section 20.30.040 (Fences, Hedges. Walls. and Retaining Walls), Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage. Display, and Actimnes). parking Sea Chapter 20.40 (OAStrem parking). Satellite Antennas Sea Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All dewlopment and Me subdiNsion of land shall comply with the requirements of ❑tie 19(SubdlNsions). (2) The standards for minimum lot area and lot width are intended to regulate sites for dewlopment purposes only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g.. condominium) purposes. (3) Aminimum of fifty (50) percent ofthe square footage Ina mlxed,se dewlopment shall be used for nonresidential uses. (4) Forme purpose of determining Me allowable number of unlls. functions eflegal lots Mat are submerged lands or tidelands shall be included inland area of the site (5) Portions of legal lots that are submerged lands or tidelands shall be included In the net area of Me lot for the purpose of calculating the allowable floor area of structures. (6) Mthibctiaal features such as demes . towards. cupolas. spires, and similar structures mayeaceed 55 feet by 10 late. Posted Wine: 5182013 -13- 4 -16