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HomeMy WebLinkAbout22 - Amending the Zoning Code to Rename the Multiple Residential Detached (RM -D) and Include a Reference to Allow for Attached Units (PA2019-065)PORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN June 11, 2019 Agenda Item No. 22 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Liz Westmoreland, Assistant Planner Iwestmoreland(Dnewportbeachca.gov PHONE: 949-644-3234 Ordinance No. 2019-10: Introduction of an Ordinance Amending the TITLE: Zoning Code to Rename the Multiple Residential Detached (RM -D) and Include a Reference to Allow for Attached Units (PA2019-065) ABSTRACT: For City Council's consideration is an amendment to the Newport Beach Municipal Code (NBMC), Title 20 Zoning Code, to correct an error by renaming the Multiple Residential Detached (RM -D) Zoning District to Medium Density Residential (RMD). The amendment includes revising the purpose of the zone to allow for attached units in addition to detached units, consistent with the historic pattern of development and prior version of the Zoning Code. RECOMMENDATION: a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2019-10, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code to Rename the Multiple Residential Detached (RM -D) Zoning District to Medium Density Residential (RMD) and Include Reference to Attached Dwelling Units (PA2019-065); and pass on to a second reading on June 25, 2019. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 22-1 Ordinance No. 2019-10: Introduction of an Ordinance Amending the Zoning Code to Rename the Multiple Residential Detached (RM -D) and Include a Reference to Allow for Attached Units (PA2019-065) June 11, 2019 Page 2 DISCUSSION: The proposed zoning code amendment affects 16 lots on Santa Ana Avenue between Mesa Drive and Orchard Drive in the West Santa Ana Heights area. The subject lots are bordered by the Santa Ana Country Club golf course (within unincorporated Orange County) to the north and west. The City of Costa Mesa is west of the subject lots, across the intersection of Santa Ana Avenue and Mesa Drive (Attachment F). Existing development within the RMD Zone consists of a mixture of attached apartments and condominiums with a few detached single-family residential uses. Specifically, there are seven detached single-family dwelling units, one detached two -unit development, and approximately 156 attached dwelling units. Purpose of Code Amendment Following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code Update, City staff discovered that the name of the RM -D Zone was inadvertently changed from Medium Density Residential to Multiple Residential Detached. Additionally, the provision allowing development of attached dwelling units was removed from the purpose description of the zoning district. These inadvertent changes would limit new construction to detached dwelling units only, which is not consistent with the historic pattern of development within the RMD zone and not consistent with the zoning district that pre -dated the current code that was updated in late 2010. The proposed code amendment would correct these errors making the corrected RMD Zoning District consistent with the regulations in effect prior to the 2010 Zoning Code Update, which were consistent with the provisions of the Orange County Zoning Code in effect when the area was annexed in 2008. Amending the Zoning designation is necessary to maintain historic property rights, and to preserve the existing pattern of development within these RMD-zoned properties. Thus, this code amendment will correct an unintended change from the 2010 Zoning Code Update and allow these properties to maintain their existing functionality and/or remain conforming uses. For a more detailed analysis of the proposed Code Amendment, please see the attached May 9, 2019, Planning Commission staff report (Attachment B). Plannina Commission Recommendation The Planning Commission initiated the code amendment on March 21, 2019, pursuant to Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code. The Planning Commission held a public hearing on May 9, 2019, to review the proposed Code Amendment and unanimously voted to recommend approval to the City Council. 22-2 Ordinance No. 2019-10: Introduction of an Ordinance Amending the Zoning Code to Rename the Multiple Residential Detached (RM -D) and Include a Reference to Allow for Attached Units (PA2019-065) June 11, 2019 Page 3 Planning Commission Resolution No. PC2019-012 is included as Attachment C and the meeting minutes are included as Attachment D. NVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The amendment does not authorize any development. This action would also be considered exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. The proposed amendment seeks to clarify a clerical error in the Zoning Code. Additionally, the lots affected by this amendment have an average slope of less than twenty percent (20%), multi -unit residential use will continue to be allowed, and the maximum number of dwelling units currently identified in the general plan and zoning districts will remain the same. NOTICING: Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the sites (excluding intervening rights-of-way and waterways) and posted throughout the subject area at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Attachment A —Ordinance No. 2019-10 Attachment B — May 9, 2019 Planning Commission Staff Report Attachment C — Planning Commission Resolution No. PC2019-012 Attachment D — May 9, 2019 Planning Commission Minutes Attachment E — Tracked Changes of Code Revisions Attachment F — Vicinity Map 22-3 ATTACHMENT A ORDINANCE NO. 2019-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO RENAME THE MULTIPLE RESIDENTIAL DETACHED (RM -D) ZONING DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RMD) AND INCLUDE REFERENCE TO ATTACHED DWELLING UNITS (PA2019-065) WHEREAS, in 2008, the City of Newport Beach ("City") annexed the West Santa Ana Heights area into the City which included the Medium Density Residential (RMD) zoning designation that allowed both attached and detached dwelling units; WHEREAS, in 2010, the City undertook a comprehensive update to Title 20 "Planning and Zoning" ("2010 Zoning Code Update") of the Newport Beach Municipal Code ("NBMC"); WHEREAS, during the 2010 Zoning Code Update, the name of the Medium Density Residential (RMD) Zoning District was inadvertently changed to Multiple Residential Detached (RM -D) and the purpose was inadvertently changed limiting multi- unit residential developments to only detached dwelling units; WHEREAS, the Medium Density Residential (RMD) zoning designation is necessary to maintain historic property rights and the existing pattern of development of properties within that particular zoning designation. This code amendment will correct an unintended change from the 2010 Zoning Code Update by accurately identifying the original zoning designation; WHEREAS, pursuant to NBMC Section 20.66.020, the Planning Commission initiated the code amendment on March 23, 2019, to rename the Multiple Residential Detached (RM -D) zoning district to Medium Density Residential (RMD) and include reference to attached dwelling units; WHEREAS, on May 9, 2019, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider this amendment. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; 22-4 Ordinance No. 2019 - Page 2 of 9 WHEREAS, at the May 9, 2019, public hearing, the Planning Commission received public comments and written staff reports, and on an affirmative motion (4 ayes, 3 absent, and 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment, and WHEREAS, the City Council conducted a public hearing on June 11, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider this amendment. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 20.18.010(F) of the NBMC is hereby amended to read as follows: F. RMD (Medium Density Residential) Zoning District. The RMD Zoning District is intended to provide for areas appropriate for medium density residential developments containing attached or detached dwelling units. Section 2: Section 20.14.010 (Zoning Map Adopted by Reference) of the NBMC is hereby amended to change all references of "RM -D" to "RMD." Section 3: Table 4-1 (Animal Keeping Standards) of Section 20.48.040(A) of the NBMC is hereby amended to read as follows: TABLE 4-1 /t1►116U01121:3 =I,1:[M--1r_1L,IRU V I&I 22-5 Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Household Pets Total of 3 animals RM Cats and/or dogs over 4 months old None None RMD P All MU 22-5 Ordinance No. 2019 - Page 3 of 9 TABLE 4-1 ANIMAL -KEEPING STANDARDS 22-6 Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Total of 4 animals R-1 over 4 months old None None R -BI P R-2 Total of 6 animals None None RA P over 4 months old Small household pets (e.g., Any combination up domesticated birds; hamsters, to 10 total None None All P guinea pigs, mice; nonpoisonous reptiles and snakes; rabbits, etc.) Pot-bellied pigs 1 None None R-1 MUP (3) Domestic Farm Animals See subsection (B) of 1 horse per each this section (Required 10,000 sq. ft., up to 112 acre Setbacks for R -A P a maximum of 3 Domestic Farm horses (1) Animals). Horses (noncommercial only) See subsection (B) of this section (Required 4 or more horses (1) 1 acre Setbacks for R -A MUP Domestic Farm Animals). Horses (commercial) As determined by conditional use permit R -A CUP 22-6 Ordinance No. 2019 - Page 4 of 9 TABLE 4-1 ►1.IIL',r-IE:11:l4Uh[CI&IrAk,I•LISD&I Notes: (1) Offspring are exempt until they are weaned. (2) P = Allowed without a development permit. CUP = Conditional use permit required (Section 20.52.020). MUP = Minor use permit required (Section 20.52.020). (3) See also Section 7.12.010 (Keeping of Livestock). (4) Allowed in compliance with Chapter 7.08 (Wild Animals). 22-7 Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Goats, pigs, sheep, cows, See subsection (B) of poultry, and similar animals kept this section (Required Total of 2 adult 15,000 in corrals and stables, including Setbacks for R -A (3) P animals (1) sq. ft. pot-bellied pigs Domestic Farm Animals). Fowl (not including roosters, See subsection (B) of cockerels, or peacocks) this section (Required 10 animals per 112 112 acre Setbacks for R -A (4) MUP acre Domestic Farm Animals). Other Animals Apiary Prohibited—See Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Chapter 7.08 (Wild Animals). Notes: (1) Offspring are exempt until they are weaned. (2) P = Allowed without a development permit. CUP = Conditional use permit required (Section 20.52.020). MUP = Minor use permit required (Section 20.52.020). (3) See also Section 7.12.010 (Keeping of Livestock). (4) Allowed in compliance with Chapter 7.08 (Wild Animals). 22-7 Ordinance No. 2019 - Page 5 of 9 Section 4: Table 1-1 (Zoning Districts Implementing the General Plan) of Section 20.14.020 of the NBMC is hereby amended to read as follows: TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map General Plan Land Use Designations Implemented Symbol Zoning Districts by Zoning Districts Residential Zoning Districts R -A R-1 I I R-1-6,000 Single -Unit Residential Detached IRS -D (Single -Unit Residential Detached R-1-7,200 R-1-10,000 R-81 I R-2 Two -Unit Residential IRT (Two -Unit Residential R-2-6,000 RM RM Multiple -Unit Residential RM -6,000 Multi -Unit Residential IRM -D (Multiple -Unit Residential Detached RMD Commercial Zoning Districts OA Office—Airport AO Airport Office and Supporting Uses OG Office—General Commercial CO -G General Commercial Office OM Office—Medical Commercial CO -M Medical Commercial Office OR Office—Regional Commercial CO -R Regional Commercial Office CC Commercial Corridor CC Corridor Commercial CG Commercial General CG General Commercial 22-8 Zoning Map Symbol CM Ordinance No. 2619 - Page 6 of 9 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Districts Commercial Recreational and Marine CN Commercial Neighborhood CV Commercial Visitor -Serving CV -LV Commercial Visitor -Serving, Lido Village Mixed -Use Zoning Districts MU -V Mixed -Use Vertical MU -MM MU -DW MU-CV/1 5th Street Mixed -Use MU -W1 MU -W2 Mixed -Use Water Industrial Zoning Districts IG Industrial Special Purpose Zoning Districts OS Open Space PC Planned Community PF Public Facilities PI Private Institutions General Plan Land Use Designations Implemented by Zoning Districts CM Recreational and Marine Commercial CN Neighborhood Commercial CV Visitor -Serving Commercial CV -LV Visitor -Serving Commercial— Lido Village MU -V I Mixed -Use Vertical MU -H i Mixed -Use MU -W (Mixed -Use Water -Related IG Industrial OS I Open Space All designations PF Public Facilities PI Private Institutions 22-9 Ordinance No. 2019 - Page 7 of 9 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Symbol Zoning Districts General Plan Land Use Designations Implemented by Zoning Districts PR 1Parks and Recreation IPR Parks and Recreation Overlay Zoning Districts MHP Mobile Home Park RM Multiple -Unit Residential PM Parking Management All designations B Bluff All designations (Ord. 2015-35 § 3, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010) Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 22-10 Ordinance No. 2019 - Page 8 of—9 The City Council finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. The proposed amendment seeks to clarify a clerical error in the NBMC. Additionally, the lots affected by this amendment have an average slope of less than twenty percent (20%), multi -unit residential use will continue to be allowed, and the maximum number of dwelling units currently identified in the general plan and zoning districts will remain the same. Section 8: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 22-11 Ordinance No. 2019 - Page 9 of 9 Section 9: 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 summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of June, 2019, and adopted on the 25th day of June, 2019, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. HARP, CITY ATTORNEY 22-12 Attachment B May 9, 2019 Planning Commission Staff Report 22-13 �F x'F'c'kT10 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT [+f.oszr SUBJECT: RMD Zoning Code Amendment (PA2019-065) ■ Zoning Code Amendment No. CA2019-003 SITE LOCATION: Citywide APPLICANT: City of Newport Beach May 9, 2019 Agenda Item No. 5 PLANNER: Liz Westmoreland, Assistant Planner (949) 644-3234, Iwestmoreland@newportbeachca.gov PROJECT SUMMARY Following adoption of the City of Newport Beach's ("City") comprehensive 2010 Zoning Code Update, City staff discovered that the name of the RMD Zone was inadvertently changed from Medium Density Residential to Multiple Residential Detached. Additionally, the provision allowing attached dwelling units was removed from the purpose description. The proposed code amendment would correct these errors making the RMD Zoning District consistent with the regulations in effect prior to 2010, which were consistent with the provisions of the Orange County Zoning Code in effect when the area was annexed in 2008. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2019-012 recommending the City Council approve Zoning Code Amendment No. CA2019-003 (Attachment No. PC 1). 22-14 22-15 VICINITY MAP sr v oP % LS �G T gg� V r- e94,hw R � pr y a � 77 AL 11 .,��' 055 '4'- !- T y GENERAL PLAN IF ZONING LOCATION GENERAL PLAN ZONING CURRENT USE Multi -unit condominiums, ON-SITE RM (Multiple -Unit RMD (Multiple apartments, and single-family Residential) Residential Detached) residences SP -7 Santa Ana Heights NORTH RM and County of Specific Plan (Residential Santa Ana Country Club (Golf Orange Multiple Family) and Course) County of Orange SOUTH County of Orange R4 Suburban Multifamily Residential Mesa Drive and Single - family/two-unit residences SP -7 (Residential Multiple EAST RM and OS (Open Family) and Horticultural Apartment complexes and Space) Nurser commercial nurseries (R2 -MD: Multiple —Family City of Costa Mesa and Residential, Medium Single-family residences and WEST County of Orange Density) and County of Santa Ana Country Club (Golf Orange Course) 22-16 22-17 INTRODUCTION Project Setting The subject code amendment affects 16 lots on Santa Ana Avenue between Mesa Drive and Orchard Drive in the West Santa Ana Heights area. The subject lots are bordered by the Santa Ana Country Club golf course (within unincorporated Orange County) to the north and west. The City of Costa Mesa is west of the subject lots, across the intersection of Santa Ana Avenue and Mesa Drive. The Santa Ana Heights Specific Plan (SP -7), which is within the City of Newport Beach, borders the subject lots to the east and north. Existing Pattern of Development Existing development within the RMD zone consists of a mixture of attached apartments and condominiums with a few detached single-family residential uses. Specifically, there are seven detached single-family dwelling units, one detached two -unit development, and approximately 156 attached dwelling units. The seven detached residential developments are located at the southern end of the RMD Zone (see Figures 1 and 2). Two detached single-family residences are located at 1501 Mesa Drive and 20462 Santa Ana Avenue. There are also five small footprint lots along Savanna Lane and Mesa Drive with a detached single-family residence on each lot. The Santa Ana Cottages project (PA2016-069) located at 20452 Santa Ana Avenue was approved by the City Council in 2017 for seven attached condominium units contained within two buildings. The remaining seven lots in the RMD Zone contain attached multi -unit residential apartments and condominiums as follows - 1 . ollows: 1. 1551 — 1559 Mesa Drive — 5 dwelling units (d/u) 2. Chateau Gardens - 26 d/u 3. Promenade Court - 20 d/u 4. Newport Court — 19 d/u 5. Monticello West Apartments - 26 d/u 6. Country Club Gardens — 24 d/u 7. Newport Glen- 36 d/u 22-18 Figure 1 - Existing Development (Southern Extent) Fi �'��kw Santa Ana Cottages, le r' 01. .� • - _ _ �• T 22-19 Background and Project Description Annexation The City annexed the West Santa Ana Heights (WSAH) area in January 2008. At the time of annexation, the WSAH area included the following zoning designations (Attachment PC 2): • Santa Ana Heights Specific Plan (SP -7) • RMD (Residential Medium Density) • Nursery Overlay The City incorporated the County of Orange's RMD Zoning that existed at the time of annexation with a purpose statement that read as follows (Attachment No. PC 3): "Medium Density Residential (RMD) District. Provides for medium density residential development up to approximately 22 dwelling units per gross acre, including single-family, (attached and detached), two- family, and multi -family. " 2010 Comprehensive Zoning Code Update The City's General Plan was updated in 2006 prior to annexation. To implement the new General Plan, the City comprehensively updated the Zoning Code in 2010. During the Zoning Code Update, the name of the RMD Zoning District was inadvertently changed from "Medium Density Residential" to "Multiple Residential Detached" and the purpose was changed to read as follows: "RMD (Multiple Residential Detached) Zoning District. The RMD Zoning District is intended to provide for areas appropriate for multi -unit residential developments exclusively containing detached dwelling units. " These changes would limit new construction to attached dwelling units; however, this change was not intended. When the City Council approved the Santa Ana Cottages in 2017, an attached product, they made an interpretation that the detached description of the RMD was in error. Purpose of Code Amendment Amending the Zoning designation is necessary to return historic property rights, and to maintain the existing pattern of development within these RMD-zoned properties. Thus, this code amendment will correct an unintended change from the 2010 Zoning Code Update and allow these properties to maintain their existing functionality and/or remain 22-20 conforming uses. Redlined changes of the affected Zoning Code sections are included as Exhibit A of Attachment No. PC 1. The Planning Commission initiated the code amendment on March 21, 2019, pursuant to Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code. DISCUSSION Analysis General Plan The subject properties have a General Plan land use designation of Multiple -Unit Residential (RM) (Attachment No. PC 4). This land use designation is intended to provide primarily for multi -family residential development containing attached or detached dwelling units. Thus, development is not limited by the General Plan to exclusively detached dwelling units. The City's General Plan contains another multi -unit designation, Multiple -Unit Residential Detached (RM -D), which specifically allows for multiple unit residential uses that exclusively contain detached units. There are several detached condominium developments in Newport Coast as well as detached single-family residences on Bay Island that fall within this land use designation. However, the subject properties are not located within the RM -D General Plan designation and therefore not restricted to detached units. Had the RM -D land use category been applied to the subject properties, this would have demonstrated that the 2010 change to the RM -D zone was intentional. Therefore, the absence of applying the RM -D General Plan land use category to the subject lots suggests the 2010 change was unintentional. Local Coastal Plan and Zoning Code The subject zoning district is not located within the coastal zone. There are miscellaneous clues that indicate the RMD naming and purpose changes were made in error. For example: • The Comprehensive Zoning Code Update Summary of Change document from October 2010, highlights notable changes to the zoning code as part of the 2010 update. The summary of Part 2 (Zoning Districts, Allowable Land Uses and Zoning District Standards) states that the boundaries and uses of existing residentially -zoned properties remained unchanged, although the names of the various residential zones were altered. These changes to residential zone names were discussed in the summary. However, no changes to the RMD zone were proposed or discussed (Attachment No. PC 5). 22-21 • The Zoning Code Table 2-1 (Allowed Uses and Permit Requirements) indicates the allowed uses for each residential zone and the associated permit requirements. According to Table 2-1 (Attachment No. PC 6), the RMD Zone includes allowances for Single -Unit Dwellings Attached, Single -Unit Dwellings — Detached, Multi -Unit Dwellings, and Two -Unit Dwellings. Therefore, pursuant to the allowed use table, attached units are permitted within the RMD Zone. • Language related to the purpose of the zoning district and the title itself are the only areas in the Zoning Code that limit RMD development to exclusively attached units. Summary In summary, the RMD Zoning District title and purpose were inadvertently changed as part of the Comprehensive Zoning Code Update of 2010, and this amendment seeks to correct the error. Furthermore, if the amendment is not approved, the existing attached developments that characterize the predominate type of development in the RMD zone, would become non -conforming and future development would consist of exclusively detached dwelling units. Alternatives The Planning Commission has the option to recommend alternative changes to the Zoning Code. Environmental Review This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. This action would also be considered exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. The proposed amendment seeks to clarify a clerical error in the Zoning Code. Additionally, the lots affected by this amendment have an average slope of less than twenty percent (20%), multi -unit residential use will continue to be allowed, and the 22-22 maximum number of dwelling units currently identified in the general plan and zoning districts will remain the same. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the sites (excluding intervening rights-of-way and waterways) and posted throughout the subject area at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Liz Westmoreland, Assistant Planner ATTACHMENTS Submitted by: James Campbell, Deputy Director PC 1 Draft Resolution with Findings and Conditions PC 2 Excerpt from Prior Version of the Zoning Code PC 3 Pre -Annexation Zoning Map PC 4 General Plan Designation Map (Statistical Area J6) PC 5 Excerpt from Zoning Code Update Summary of Change PC 6 Zoning Code Table 2-1 22-23 Attachment No. PC 1 Draft Resolution with Findings and Conditions 22-24 Attachment No. PC 2 Excerpt from Prior Version of the Zoning Code 22-25 22-26 CHAPTER 20.10 RESIDENTIAL DISTRICTS Sections: Paye 20.10-1 Residential Districts 20.10.010 Specific Purposes 20.10.020 Residential Districts: Land Use Regulations 20.10.030 Residential Districts: Property Development Regulations 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula 20.10.010 Specific Purposes Residential district regulations are intended to: A. Locate residential development in areas which are consistent with the General Plan and with standards of public health and safety established by the Municipal Code. B. Ensure adequate light, air, privacy, and open space for each dwelling, and protect residents from the harmful effects of excessive noise, population density, traffic congestion, and other adverse environmental effects. C. Promote development of quality housing affordable by low- and moderate- income households by providing a density bonus for projects in which a portion of the units are affordable for such households. D. Protect residential areas from fires, explosions, landslides, toxic fumes and substances, and other public safety hazards. E. Protect adjoining single-family residential districts from excessive loss of sun, light, quiet, and privacy resulting from proximity to multi -family development. F. Achieve design compatibility with surrounding neighborhoods. G. Provide sites for public and semipublic land uses which complement residential development or which require a residential environment. H. Provide public services and facilities to accommodate planned population densities. 0127/04 22-27 Page 20.10-2 Residential Districts Specific residential districts are as follows: Residential -Agricultural (R_ -A) District. Provides areas for single family residential and light farming land uses. Sinyle-Family Residential R-1 District. Provides areas for single family residential land uses. Restricted Two Family Residential R-1.5 District. Provides areas for single family and two family residential land uses with the total gross floor area of all buildings limited to a maximum floor area ratio of 1.5 times the buildable area. Two Family Residential (R-2) District. Provide areas for single family and two family residential land uses. Medium Density Residential (RMD) District. Provides for medium density residential development up to approximately 22 dwelling units per gross acre, including single-family (attached and detached), two-family, and multi -family. Multifamily Residential (MFR) District. Provides for medium -to -high density residential development up to approximately 36 dwelling units per gross acre, including single-family, (attached and detached), two-family, and multi -family. 20.10.020 Residential Districts: Land Use Regulations The following schedule establishes the land uses defined in Chapter 20.05 as permitted -or conditionally permitted in residential districts, and includes special requirements, if any, applicable to specific uses. The letter "P" designates use classifications permitted in residential districts. 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. 01!27/04 22-28 Page 29.10-3 Residential Districts Residential Districts: 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 COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE /EQUIPMENT SALES AND SERVICES -COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -SED & 13RF-AKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY (A), (B), (C) P--- -- --- --- --- PD/U --- --- --- --- --- --- R -A R-1 R-1.5 R-2 RMD MFR Additional Regulations RESIDENTL4L --- UP --- UP (F) --- (A), (B), (C) DAY CARE, LIMITED P P P P P P GROUP RESIDENTIAL P --- --- --- --- RESIDENTIAL CARE, LIMITED P P P P P P SINGLE FAMILY RESIDENTIAL P P P P P P (D), (E), (M) MULTI -FAMILY RESIDENTIAL -- --- --- --- P P (D) TWO-FAMILY RESIDENTIAL -- -- P P P P (D) PUBLICAND SEMI-PUBLIC (A), (B), (C) CEMETERIES --- L-1 L-1 L -I L -I L-1 CLUBS AND LODGES --- L-2 L-2 L-2 L-2 L-2 CONVALESCENT FACILITIES --- UP UP UP UP UP DAY CARE, GENERAL, -- UP UP UP UP UP GOVERNMENT OFFICES --- UP UP UP UP UP HOSPITALS --- UP UP UP UP UP PARK & RECREATION FACILITIES UP UP UP UP UP UP PUBLIC SAFETY FACILITIES UP UP UP UP UP. UP RELIGIOUS ASSEMBLY UP UP UP UP UP UP RESIDENTIAL CARE, GENERAL UP UP UP UP UP UP SCHOOLS, PUBLIC AND PRIVATE UP UP UP UP UP UP UTILITIES, MAJOR UP UP UP UP UP UP UTILITIES, MINOR P P P P P P COMMERCIAL USES HORTICULTURE, LIMITED NURSERIES VEHICLE /EQUIPMENT SALES AND SERVICES -COMMERCIAL PARKING FACILITY VISITOR ACCOMMODATIONS -SED & 13RF-AKFAST INNS -SRO RESIDENTIAL HOTELS AGRICULTURAL AND EXTRACTIVE USES ANIMAL HUSBANDRY (A), (B), (C) P--- -- --- --- --- PD/U --- --- --- --- --- --- L-3 L-3 L-3 L-3 L-3 --- --- --- UP --- UP (F) --- --- --- --- --- UP (A), (S), (C) PD/U --- --- -- -- (G) 0127/04 22-29 Page 20.10-4 Residential Districts Residential Districts: land Use Regulations P = Pennitted UP = Use permit PD/U = Use permit issued by the Planning Director L = Limited (see Additional Use Regulations) --- = Not Permitted R -A R-1 R-1.5 R-2 RMD MFR Additional Regulations CROP PRODUCTION P --- --- --- --- --- MINING AND PROCESSING L-4 L-4 L-4 L-4 L-4 L4 (H) ACCESSORY USES ACCESSORY STRUCTURES AND USES TEMPORARY USES CIRCUSES AND CARNIVALS COMMERCIAL FILMING, LIMITED PERSONAL PROPERTY SALES HELIPORTS, TEMPORARY REAL ESTATE OFFICES, TEMPORARY (A), (B), (C) PIUP P/UP PIUP PIUP PIUP PIUP (1) P P P P P P P P P P P P P P P L-5 --- -- -- --- L-5 L-5 L-5 L-5 L-5 Residential Districts: Additional Land Use Regulations L-1 20 acres minimum. L-2 Limited to yacht clubs, use permit required. L-3 Public or no fee private lots for automobiles may be penznitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L-4 See Chapter 20.81: Oil Wells. L-5 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. aM(04 22-30 (A), (B), (C) P (K) P (K) P (J-) L-5 (J) L-5 (B) L-1 20 acres minimum. L-2 Limited to yacht clubs, use permit required. L-3 Public or no fee private lots for automobiles may be penznitted in any residential district adjacent to any commercial or industrial district subject to the securing of a use permit in each case. L-4 See Chapter 20.81: Oil Wells. L-5 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. aM(04 22-30 (D) (E) (F) (G) Page 20.10-5 Residential Districts Any dwelling unit otherwise permitted by this code may be used for short term lodging purposes as defined in Chapter 5.95 of the Municipal Code subject to the securing of: A Business License pursuant to Chapter 5.04 of the Municipal Code. 2. A Transient Occupancy Registration Certificate pursuant to Section 3.16.060 of the Municipal Code. A Short Term Lodging Permit pursuant to Chapter 595 of the Municipal Code. See Chapter 20.85: Accessory Dwelling Units. See Section 20.60.110: Bed and Breakfast Inns. Keepiniz of Animals in the R -A District. The following regulations shall apply to the keeping of animals in the R -A District: Large Animals. The keeping of large animals (as defined in Section 20.030.030) shall be subject to the following regulations: a. Horses. One horse may be kept for each 10,000 square feet of lot area, up to a maximum of 3 horses, provided the horse or horses are kept for recreational purposes only. The keeping of 4 or more horses for recreational uses shall require a use permit issued by the Planning Director. The keeping of horses for commercial purposes shall require a use permit issued by the Planning Commission. b. Other Large Animals. Other large animals, including goats, sheep, pigs and cows, maybe kept on lots of 15,000 square feet or more and the number shall not exceed 2 adult animals of any one species. C. Total Number Permitted. The total number of large animals shall not exceed 6. Offspring are exempt until such time as they are weaned. 2. Domestic and Exotic Animals. The number of domestic and exotic animals (as defined in Section 20.03.030) shall not exceed 6. Offspring are exempt up to the age of 3 months. The keeping of 4 or more dogs over the age of three 3 months shall require a kennel license pursuant to Section 7.04.090 of the Municipal Code. The keeping of wild animals shall require a permit pursuant to Chapter 7.08 of the Municipal Code. 3. Small Animals. The number of small animals, other than domestic and exotic animals (as defined in Section 20.03.030), shall not exceed 6. Offspring are exempt up to the age of 3 months. 01/27/04 22-31 Page 20.10-6 Residential Districts 4. Control. a. Domestic Animals. No such animals, except for cats, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure or otherwise under the control of the owner of the property. b. Other Animals. No animal, other than domestic animals, shall be permitted to run at large, but shall be confined, at all times within a suitable enclosure. (H) See Chapter 20.81: Oil Wells. (1) See Section 20.60.100: Home Occupations in Residential Districts. (J) See Section 20.60.055: Heliports and Helistops (K) Special event permit required, see Chapter 5.10 of the Municipal Code. (L) See Section 20.60.120: Personal Property Sales in Residential Districts. (M) See Section 20.60.125: Design Standards for Mobile Homes on Individual Lots. 20.10.030 Residential Districts: Property Development Regulations The following schedule prescribes development regulations for residential districts. 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. Residential Districts: Property Development Regulations Minimum Site Area per Unit (sq.ft.) Minimum Lot Area (sq. ft.) -Corner Lots (sq. ft.) Minimum Lot Width (ft.) -Corner Lots (ft.) R -A R-1 R-1.5 R-2 RMD MFR Additional Regulations --- --- 1,000 1,000 3,000 1,200 (A), (B) 87,120 5,000 5,000 5,000 5,000 5,000 (A) 87,120 6,000 5,000 6,000 6,000 6,000 (A) 125 50 --- 50 --- 50 (A) 125 60 --- 60 --- 60 (A) O1l27104 22-32 Residential Districts: Property Development Regulations R -A R-1 R-1.5 Minimum Yards: Front (ft.) Side (ft.) Corner Side (ft.) Rear (ft.) -Abutting an alley (ft.) Distance Between Detached Buildings Maximum Height (ft.) Maximum Floor Area Limit Maximum Coverage Required Open Space Off -Street Parking and Loading Page 20.10-7 Residential Districts R-2 RMD MFR Additional Regulations 20 20 20 20 20 5 3;4 3;4 3;4 5 5 3;4 3;4 3;4 5 5;25 10 10 10 25 --- 2.00 1.50 2.00 --- 40% Residential Districts: Additional Property Development Regulations (A) See Chapter 19.68 in Title 19: Merger of Contiguous Lots. (B) See Section 20.60.045: Slopes and Submerged Lands. (C) See Section 20.60.030: Extensions Into Yards. 20 (C), (D), (E), (F), (H), (K) 3;4 (C), (D), (E), (G), (H) 3;4 (C), (D), (E), (G), (H) 10 (C), (D), (E), (1), (Q) m m (K), (1-) 1.75 (K), (Ml) (K), (0) (P) (D) See Section 20.60.020: Accessory Structures and Mechanical Equipment_ (E) For All Property Development Regulations: In addition to the lot area, -width, and other requirements set forth preceding, subdivisions shall comply with the provisions of Title 19 (Subdivision Code), as amended. (F) R-1, R-1.5, R-2, and MFR Districts. The minimum depth required for front yards shall be 20 feet, except as maybe otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the front property line, unless a different line is shown on the Districting Map. 01/27/04 22-33 Page 20.10-8 Residential Districts (G) R-1. R-1.5, and R-2, Districts. Each side yard shall be not less than 3 feet wide on development sites 40 feet wide or less, or 4 feet on lots wider than 40 feet; provided, that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. MFR District. Each side yard shall not be less than 3 feet wide on sites 40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet; and shall be equal in width to 8 percent of the average lot width for lots 50 feet or greater in width; provided that in no event shall a side yard wider than 2.5 feet be required; and provided further that the side yard on the rear 20 feet of the street side of a corner lot, where there is reversed frontage, shall not be less than the front yard required or existing on the adjacent reversed frontage. Street Comer Side Yard Setback ----�Front Yard Setback Lin (X" F Reversed Corner Lot X m m t Interior Lot o - o 0 r 0 rt Diagram 20.10.030 (G): Setbacks on Reversed Frontages (I) R -A District. All structures housing animals (i.e., corrals, stalls, pens, cages, doghouses) shall maintain the following setbacks: From Another From Properties in From Public R -A District Other Zoning Rights-of-way Property Districts Front 50 --- --- Side 20 5 25 Rear 20 5 25 In addition to the setbacks established above, all structures housing animals shall be located a m;nimurn of 35 feet from any building used as a dwelling on adjacent properties. All animal exercise areas and pasturing areas (i.e., paddocks, runs, racecourses, show grounds) may be located at the property line, however, shall maintain a 25 foot setback from 01(27/04 22-34 Page 20.10-9 Residential Districts the front property line abutting a public night -of -way and a 10 foot setback from any side property line abutting a public night -of -way. (1) In residential districts having alleys to the rear of lots or development sites shall maintain the following setbacks from rear property line, clear of all obstructions, except as provided in Section 20.60.030 (A-6) and Section 20.60.030 J): Alley Width Setback 15' or less 5' 15'-1 " to 19'-11 " 3'-9" 20' or more 0' Roll -up garage doors shall be required when garage door openings are located closer than 22 feet to alleys with widths of 20 feet or more. (3) R-1.5, R-2, RMD, and MFR Districts. 10 feet shall be maintained between buildings. This requirement shall not apply to buildings attached by a solid roof structure, a minimum of 4 feet wide. (K) R-1, R-2 and MFR Districts in Corona del Mar and R-1 District in West Newport, and the Balboa Peninsula. See Section 20.10.040: Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula. (L) See Chapter 20.65: Height Limits. (M) R-1 R-1.5 and R-2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R-1 District: 2 times the buildable area of the site. R-1.5 District: 1.5 times the buildable area of the site. R-2 District: 2 times the buildable area of the site. Exceptions. The following structures shall not be included in the calculation of the gross floor area: I. Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off --street parking requirements for covered parking. 2. R-1.5 District. 200 square feet of floor area used for enclosed parking for two or more parking spaces. 03/27/04 22-35 Page 20.10-io Residential Districts 3. 25 square feet of storage area adjacent to or a part of a parking space on a lot less than 32 feet wide; provided that no plumbing is located in said area, and provided that 3 parking spaces are provided side by side across one end ofthe lot. 4. Decks, balconies or patios open on at least 2 sides or open on one side and uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than. 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non -habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Area considered to be a second floor Living Room Kitchen Garage (Habitable) (Habitable) (Non -Habitable) R-1, R-1.5, R-2, and MFR Districts. The maximum development site area permitted shall be full coverage, less required front, side and rear yards. (0) R-2 District. Open space shall be provided in addition to the required setbacks and separations between detached structures. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required setback lines. This open space 01!17104 22-36 Page 20.10-11 Residential Districts shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. MFR District. An open space volume equal to 6 times the buildable area of the lot shall be provided in addition to any required setbacks. This open space shall be open on at least 2 sides, one of which may be the sky. Roofs, balconies, decks, patios, cornices, exterior stairways, and architectural features may project into this area. At least 50 percent of the required open space shall be open to the sky and open on at least 2 additional sides, except for eaves and architectural features which may project into areas otherwise open to the sky. Required open space shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in all directions. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. A minimum of 25 percent of the required open space shall be contiguous to the required front yard setback, and a minimum of 25 percent of the required open space shall be contiguous to the required rear yard setback. (P) See Chapter 20.66: Off -Street Parking and Loading. (Q) R-1, R-1.5, R-2, and MFR Districts. The minimum depth required for rear yards abutting or adjacent to the waterfront of Newport Bay, the shoreline of the Pacific Ocean, the Old Channel of the Santa River (the Oxbow Loop), or the channels of West Newport.shall be 10 feet, except as may be otherwise indicated on the Districting Maps. Distances shown on the Districting Maps are to be measured from the rear property line, unless a different line is shown on the Districting Map. 20.10.040 Special Development Regulations for Corona del Mar, West Newport, and the Balboa Peninsula A. ApWicability. The residential development standards contained in this section shall apply to all dwellings located in the R-1 and R-2 Districts in Corona del Mar, and in the R-1 District in West Newport and the Balboa Peninsula as those areas are more particularly described below. Dwellings in those areas shall also be subject to all other provisions of this code. Where there is a conflict between this chapter and another provision of this code, the provisions of this chapter shall be controlling. 111FArlio_! 22-37 Page 20.10-12 Residential Districts The areas of Corona del Mar in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as old Corona del Mar generally bounded by Avocado Avenue, Pacific Coast Highway, Fifth Avenue, the easterly boundary of the Corona del Mar tract, the Pacific Ocean and the Harbor entrance; and more specifically described as that area included in Annexation #3 as described in Ordinance No. 252 of the City of Newport Beach, approved on February 27, 1924. 2. The areas of West Newport and the Balboa Peninsula in which the provisions of this chapter shall be controlling are more particularly described as follows: That area commonly referred to as West Newport and the Balboa Peninsula generally bounded by the Semeniuk Slough, Pacific Coast Highway, the West Lido Channel, the Newport Channel, the Main Channel, the Harbor Entrance, the Pacific Ocean and the Santa Ana River, and more specifically described as follows: Beginning at the intersection of the westerly boundary ofthe City ofNewport Beach and the Mean High Tide Line of the Pacific Ocean; thence proceeding northerly along said City Boundary to the intersection of said Boundary with the northerly right-of-way line of Pacific Coast Highway; thence due East a distance of 1" foot to an intersection with the City Boundary on the easterly side of that certain I foot strip shown on Annex No. 21, Ordinance No. 630, 10131/1950; thence proceeding easterly, northerly, easterly and southerly along said City Boundary to an intersection with the northerly right-of-way line of Pacific Coast Highway; thence proceeding southerly along a perpendicular to said right-of-way line to the center-Iine of Pacific Coast Highway; thence easterly along said centerline to an intersection with the centerline of Newport Boulevard; thence southerly along said centerline of Newport Boulevard to an intersection with the southerly Bulkhead of the Newport Island Channel, said point being westerly of U.S. Bulkhead Station #I26 on the U.S. Bulkhead Line; thence easterly to said U.S. Bulkhead Station #126; thence continuing along the U.S. Bulkhead Line to U.S. Bulkhead Station 4114; thence northeasterly in a straight line to U.S. Bulkhead Station 4162; thence southerly in a straight line to U.S. Bulkhead Station #113, and thence proceeding along the U.S. Bulkhead to U.S. Bulkhead Station #107; thence continuing southerly along the prolongation ofthe U.S. Bulkhead Line to an intersection with the Mean High Tide Line; thence westerly and northwesterly along said Mean High Tide Line to the point of Beginning. B. Floor Area Limit In the R-1, R-2, and MFR Districts in the area designated as Old Corona del Mar, the total gross floor area (excluding those structures excepted under Section 20. 10.03 shall not exceed 1.5 times the buildable area of the site. 2. Calculation. The gross floor area shall consist ofthe total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation 0127/04 22-38 Paze 20.10-13 Residential Districts shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non -habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 3. Pacific Drive - Buildable Area. For purposes of determining the buildable area for structures located on the bluff (southerly) side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue, a front yard setback of 10 feet shall be used (the setback for the location of all structures as designated on the Districting Maps shall be used). C. Open Space Option In the R-1 and R-2 Districts as designated in this section, open space shall be provided in addition to the required front yard setback. This additional open space shall be a volume of space equal to the buildable width of the lot, times the basic height limit, times 6 feet and may be provided anywhere on the lot behind the required yard setback lines. This open space shall be open on at least 2 sides and shall have a minimum dimension in any direction of at least 6 feet, except as indicated in this section, and maybe used for outdoor living area. Open space with a dimension of less than 6 feet in any direction may be included in the required volume of open space, provided that said space is contiguous to required open space that provides a minimum 6 foot dimension in any direction. Roofs, balconies, decks, patios, cornices, exterior stairways with open risers and open railings, and architectural features may project into this area. This additional open space may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. D. Pacific Drive — Front Yard Setback. Front -loaded garages and carports on the bluff southerly side of Pacific Drive between Avocado Avenue and the southerly side of the prolongation of the line of the westerly side of Begonia Avenue shall maintain a minimum front yard setback of 19 feet from the front property line. 0127/04 22-39 22-40 Attachment No. PC 3 Pre -Annexation Zoning Map 22-41 22-42 'Santa Ana Heights Prezoning (Ordinance 2004-001) January 27, 2004 Proposed City Boundary Existing City Boundary Santa Heights Specific Plan (SP -7) RSF -Residential Single Family RK - Residential Kennel SP -7 -RMF (3745) RMF- Residential Multiple Family PA - Professional & Administrative Office HN - Horticultural Nursery °F OSR - Open Space and Recreation Conventional Zoning RMD - Residential Medium Density Overlays' (N) Nursery Overlay ` Q` I WSA/I-I'_Prezone.mxd October/2007 22-44 Attachment No. PC 4 General Plan Designation Map (Statistical Area J6) 22-45 22-46 CC Resolution No. GPA No. Project No. Adopting Date 2019-14 GP2015-004 PA2015-210 02/12/2019 Change land use designation from General Commercial Office (CO -G) to Private Institutions (PI) and amend / Anomaly No. 22 to allow 85,000 square feet for Residential Care Facility for the Elderly located at 101 Bayview place. ;�c m 201 I-21 GP2007-009 PA2007-213 02/22/2011 Increase the maximum allowable development limit by 11,544 square feet and create anomaly ®-�+ No. 2.1 for 4300 Von Karman. •2 eRp PO . U G ♦ Sr � N V P,E \'✓AV p SES s Nr RM11 F INDUS \� °- Lywll..1 M U -Hr%1 . J5 PF J; T 0 Loc 5 e s 'W 3 �� e P,�2� •� P G o ¢ FP\P soJ ymN oRN GOC,' �` •,� e WAY WAY Q / UNIVERSITY DRIVE 0 500 1,000 Feet p o n LU11_Airport.mxd 02/12/2019 CITY of NEWPORT BEACH GENERAL PLAN Figure LU 11 STATISTICAL AREAS J6, L4 Residential Neighborhoods RSA Single -Unit Residential Detached RS -A Single -Unit Residential Attached RT Two -Unit Residential - Multiple -Unit Residential - Multiple -Unit Residential Detached Commercial Districts and Corridors CN Neighborhood Commercial cc Corridor Commercial - General Commercial - Visitor Serving Commercial -Recreational and Marine Commercial - Regional Commercial Commercial Office Districts General Commercial Office co -m Medical Commercial Office Regional Commercial Office Industrial Districts - Industrial Airport Supporting Districts ao Airport Office and Supporting Uses Mixed -Use Districts mu -v Mixed Use Vertical mu -H Mixed Use Horizontal mu -w] Mixed Use Water Related Public, Semi -Public and Institutional PF Public Facilities - Private Institutions - Parks and Recreation Eos Open Space rs Tidelands and Submerged Lands *at City of Newport Beach Boundary Statistical Area L4 Boundary Land Use Delineator Line •' Refer to anomaly table o �En',vk i UL 22-47 22-48 Attachment No. PC 5 Excerpt from Zoning Code Update Summary of Change 22-49 22-50 Comprehensive Zoning Code Update Summary of Change f Fo fit; Newport Beach Planning Department October 2010 22-51 Part 1 — Zoning Code Applicability (page 1-3) Part 1 of the draft code replaces Chapter 20.01 of the current Code. This Part includes the purpose of the zoning code, provisions for interpretations and an explanation of the zoning map. There are two notable differences between the current code and the draft code. First, section 20.10.040A of the draft code states that the City Council may exempt specific City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption. The current code does not contain such language as state law allows cities to exempt their public projects from zoning rules. The second difference is the zoning map. The current code uses a set of over seventy 8.5 x 11 Districting Maps to depict the zoning districts, density, intensity and setbacks. The draft code utilizes a large format map (36" x 48") to depict zoning districts, density and intensity and set of thirty-one 11" x 17" setback maps (see Part 8 for the setback maps). Part 1 Summary 1 22-52 Part 2 — Zoning Districts, Allowable Land Uses and Zoning District Standards Part 2 establishes all zoning districts, their allowed uses and district standards to implement the uses of land established by the General Plan. The districts are identified on the Zoning Map and the various zones correspond to the General Plan Land Use Plan maps and land use categories. The density of residential use and intensity of non- residential use allowed within the various zones is no greater than allowed by the Land Use Element of the General Plan. Part 2 is the heart of the Zoning Code and each of the other Parts of the code are directly related. Each zone has a list of allowed uses and those uses are defined in Part 7 (Definitions). Uses are either allowed by right or are subject to discretionary review such as a Limited Term Permit (LTP), Minor Use Permit (MUP) or Conditional Use Permit (CUP). If a particular use is not listed in the tables, it is not allowed unless the Planning Director finds (i.e. interprets) that an unlisted use is similar to a listed use. These discretionary permits processes are defined in detail within Part 5 (Planning Permit Procedures), but for now, the LTP simply allow uses for a limited amount of time and the review authority is the Zoning Administrator. The MUP is a reflection of the current process where the Planning Director may issue certain Use Permits. The Zoning Administrator is the review authority for MUPs. A CUP is no different than the current Use Permit process where the Planning Commission is the review authority. Allowed Uses The specific entries within the various allowed use tables were developed by staff and the City's consultant with specific input and oversight from the General Plan Implementation Committee. Entries are based upon current zoning regulations, the purpose of each zone and its corresponding land use category of the Land Use Element of the General Plan, related policies of General Plan, and the locations of the various zones and their unique relationships with their surroundings. Other factors influenced the entries within the allowed use tables including a desire to simplify the process wherever possible, to maintain consistency with any applicable State laws, and to avoid creating nonconforming uses where possible. The allowed use tables also contain references to specific use regulations that are located within Part 4 (Standards for Specific Land Uses) as a way to highlight for the reader additional regulations for that listed use. The most noteworthy changes relate to the sale of alcohol and eating and drinking establishments, which are discussed below in Part 4. Development Standards Each of the zones has base development standards that are listed in several tables. Those standards include minimum lot dimensions, density or intensity limits, minimum setbacks, lot coverage limits, floor area limits, structure height, open space, fencing, landscaping, lighting, parking and signs among others. In many cases, specific dimensions, areas, percentages or ratios appear but in other cases, there is a reference to a separate Chapter or Section where the standards can be found when those standards are too complex to appear within the development standard tables. Part 2 Summary 1 22-53 As with the allowed use tables, the development standards tables were developed by staff and the City's consultant with specific input and oversight from the General Plan Implementation Committee. Most of the standards are based upon current zoning regulations so as to avoid creating nonconformities. Where new standards were necessary for new zones, entries were based upon existing standards for similar uses within existing zoning classifications. In residential districts, the current existing floor area limit (FAL) and lot coverage standards will be retained. Subterranean basements will not count towards the maximum FAL in zoning districts that utilize the FAL. A new provision limits 3rd floors to 15% or 20% of the buildable area of the lot, depending on the lot width. Another change is the elimination of the current open space provision, which is replaced by an open volume provision that will create building modulation to improve designs and provide noticeable and useful open space. It is important to note that single family residences and duplexes within existing Planned Communities and those regulated by lot coverage standards would not be affected by the third floor and open volume provisions. Another change is the inclusion of the several of the 2007 Design Criteria. This change will be outlined below in Part 3 (site Planning and Development Standards). Another change to note is the method of measuring the height of buildings. The height limits are not changing, but the practice of measuring the height of a sloping roof at its midpoint is being eliminated for a far simpler method. Again, this change will be highlighted below in Part 3. The last change to note is an increased alley setback for all new residential buildings when the alley is narrow (10 feet) and the lot on the other side of the alley has its side yard abutting the alley. This increased setback will improve vehicle circulation in the alleys in these specific cases. Changes to Zones The boundaries and use of existing residentially -zoned properties remain unchanged, although the names of the various residential zones have been altered. For example, the R-1.5 zone for Balboa Island becomes R -BI, the R-1-13 becomes the R-1-6000 and the MFR zone becomes the RM zone. Existing commercial zones (RSC, RMC and APF) have been diversified. The existing retail zones (RSC and some RMC areas) are now the CC (Commercial Corridor), CG Commercial General), CN (Commercial Neighborhood), CM (Commercial Recreational and Marine) and the CV (Commercial Visitor -Serving). The existing office zone (APF) becomes the OA (Office — Airport), OG (Office — General), OM (Office — Medical) and the OR (Office — Regional). The existing industrial zones (M-1, M -1-A and IBP) were condensed into the IG (Industrial Zoning District) due to the contraction of industrially designated land. The existing institutional zone (GEIF) was split into two new zones, the PF (Public Facilities) and PI (Private Institutional) to differentiate between public and private institutions. All boundaries and uses in all existing Planned Community Districts remain unchanged. Part 2 Summary 1► 22-54 The existing open space zones (OS -A and OS -P) were altered to create the PR (Parks and Recreation) for active areas and the OS (Open Space) zone primarily for resource protection. The updated General Plan establishes a variety of mixed-use land use designations that were applied to areas where mixed-use development is allowed by existing regulations as well as new areas such as Mariner's Mile and several properties along Dover Drive. The MU -V (Mixed -Use Vertical) zone is applied to areas where residential units are presently allowed above a commercial use and this zone is designed to replicate existing standards. The MU -MM (Mixed -Use Mariner's Mile), MU -DW (Mixed -Use Dover/Westcliff) and the MU-CV/15th St (Mixed -Use Cannery Village and 15th Street) zones are new and were designed for the specific provisions and limited residential uses allowed by the General Plan for these areas. The MU -W1 and MU -W2 (Mixed -Use Water) are to address mixed-use development for locations on Newport Bay and on Marine Avenue. Specific Plans Five existing specific plan districts (Newport Shores, Mariner's Mile, Cannery Village/McFadden Square, Central Balboa, and Old Newport Boulevard) are eliminated and replaced with the various zones identified above based on the General Plan. The Santa Ana Heights Specific Plan is the only adopted specific plan that will remain unchanged, although it will be re -adopted by ordinance separately. Overlay Zoning Districts The number and type of "overlay" districts will be reduced as a result of the expanded zoning districts. The "B" overlay has been eliminated with it provisions being incorporated within the new residential zones. The "R" or Residential overlay, and the "MM" or Mariner's Mile overlay are both eliminated with their provisions being replaced by the mixed-use zones. The "IS" or Interim Study overlay is being eliminated altogether. The "SPR" or Site Plan Review overlay, and the "PRD" or Planned Residential Development overlay have been replaced by updated permit processes contained within Part 5 of the new Zoning Code. The existing "MHP" or Mobile Home Park overlay, and the "PM" or Parking Management overlay remain. One new overlay district has been added, the Bluff overlay. The purpose of this proposed overlay district is to implement specific policies of the Natural Resources Element of the General Plan that require limiting development to the predominant line of existing development to preserve visual quality, protect public views and to ensure safety. The proposed overlay is reflected on the Zoning Map with detailed maps found in Part 8. A Canyon overlay district to implement similar policy objectives for Buck Gully and Morning Canyon has not been included at this time as it requires additional analysis. In the interim, staff will continue to implement the Natural Resources Element Policy NR 23.6 that requires new development to be within the predominant line of existing development. Part 2 Summary 3 22-55 22-56 Attachment No. PC 6 Zoning Code Table 2-1 22-57 22-58 22-59 Residential Zoning 0istrIcts Permh Requirements P Permitted by Right TABLE 2-1 CUP Conditional Use Permit (Section 20.52.020) ALLOWED USES AND PERMIT CUP-HO Conditional Use Permit In Resldential Zoning Districts REQUIREMENTS (Section 20.52.030) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not AlImpri Land Use See Part T of this title for la" use definitions. See Chapter for unlisted R-131 RM Specific Use uses. R-A R-1'°r R 2 RMD negulatlons ReslderdWl Uses Home Occupations P P Secn 20.48110 Single-Unit Dwellings—Attached — - F Section ?0 .1' y«"' Single-Unit Dwellings—Detached P P F F Section 20.4;1 1Uv (Multi-Unit Dwellings — — P Two-Unit Dwellings P (1.) P Section -:0.41 Accessory Dwelling Units P P P P Section - _i.46 IfisitarArrommodations Rosiden ial Bed and Breakfast Inns — — CUP-HO CUP-HC Section 20.48.O60 Short-Term Lodging — — P P Chapter 5.95 22-59 Attachment C Planning Commission Resolution No. PC2019-012 22-60 RESOLUTION NO. PC2019-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL OF NEWPORT BEACH APPROVE NEWPORT BEACH MUNICIPAL CODE AMENDMENT NO. CA2019-003 TO RENAME THE MULTIPLE RESIDENTIAL DETACHED (RMD) ZONING DISTRICT AS MEDIUM DENSITY RESIDENTIAL AND INCLUDE REFERENCE TO ATTACHED DWELLING UNITS (PA2019-065) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. The City of Newport Beach's ("City") comprehensive 2010 Zoning Code Update included the Medium Density Residential Zoning District ("RMD") which allowed for attached, as well as detached, dwelling units in districts zoned Medium Density Residential. 2. Following the adoption of the 2010 Zoning Code Update, City staff discovered that the Medium Density Residential zoning designation was inadvertently identified as Multiple Residential Detached and the language allowing attached dwelling units was also inadvertently removed from the description. 3. Pursuant to Newport Beach Municipal Code ("NBMC") Section 20.66.020, the Planning Commission initiated an NBMC amendment on March 21, 2019, to correct the error so that the RMD Zoning District is identified as Medium Density Residential and include reference to "attached units" (as well as detached units) consistent with the legislative intent and historic pattern of development in the RMD Zoning District. 4. The affected properties are designated Multiple -Unit Residential ("RM") by the General Plan Land Use Element and are located within the Medium Density Residential Zoning District (currently incorrectly identified as Multiple Residential Detached [RMD] Zoning District). 5. The affected properties are not located within the coastal zone. 6. A public hearing was held on May 9th, 2019 in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, 22-61 Planning Commission Resolution No. PC2019-012 Paae 2 of 3 Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 2. This action would also be considered exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. The proposed amendment seeks to clarify a clerical error in the Zoning Code. Additionally, the lots affected by this amendment have an average slope of less than twenty percent (20%), multi -unit residential use will continue to be allowed, and the maximum number of dwelling units currently identified in the general plan and zoning districts will remain the same. SECTION 3. FINDINGS. The City annexed the West Santa Ana Heights (1NSAH) area in January 2008. At the time of annexation, the WSAH area included the following zoning designations: Santa Ana Heights Specific Plan (SP -7), conventional zoning district RMD, as well as the Nursery Overlay. The City incorporated the County of Orange's Zoning that existed at the time of annexation. The subject zone, which was not part of SP -7, was zoned "RMD (Residential Medium Density)." The RMD designation prior to and post annexation allowed both attached and detached dwelling units. 2. After annexation, the City assigned corresponding General Plan designations to the properties (PA2007-209). The RMD Zoning District was assigned a General Plan Designation of Multiple -Unit Residential (RM). The RM designation is intended to provide primarily for multi- family residential development containing attached or detached dwelling units. The General Plan also contains a Multiple -Unit Residential Detached (RM -D) designation, which specifically allows for multiple unit residential uses that exclusively contain detached units. There are several detached condominium developments in Newport Coast as well as detached single-family residences on Bay Island that fall within this land use designation. However, the subject properties are not located within the RM -D General Plan designation and therefore not restricted to only detached units per the General Plan. 3. The City's General Plan was previously updated in 2006 (prior to annexation). Therefore, in 2010, a Comprehensive Zoning Code Update was prepared to implement the 2006 General Plan. During the Zoning Code Update, the name of the RMD Zoning District was inadvertently changed from Medium Density Residential to Multiple Residential Detached. Additionally, the purpose was inadvertently changed to provide for areas appropriate for multi -unit residential developments exclusively containing detached dwelling units. This change in the name of the zoning district and purpose is not consistent with the legislative intent or existing development pattern of the neighborhood since many of the properties within the RMD Zoning District were developed with attached units. Of the approximately 16 lots in the RMD Zone, eight lots contain (or are approved for construction of) attached dwelling units. Therefore, approximately half of the existing lots contain attached units. 01-25-19 22-62 Planning Commission Resolution No. PC2019-012 Paae 3 of 3 4. The Zoning Code Update of 2010 did not intend to make the properties constructed prior to 2010 non -conforming. Amending the Zoning designation is necessary to return historic property rights and to maintain the existing pattern of development within these RMD-zoned properties. Thus, this code amendment will correct an unintended change from the 2010 Zoning Code Update and allow these properties to maintain their existing functionality and/or remain conforming uses. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends the City Council of Newport Beach approve NBMC Amendment No. CA2019-003 amending the RMD Zoning Designation to identify the zone as Medium Density Residential and include reference to "attached units" as set forth in Exhibit "A," which is attached hereto and incorporated by reference. PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF MAY, 2019. AYES: Weigand, Lowrey, Koetting, and Kramer NOES: ABSTAIN: AB; BY: LIM 01-25-19 22-63 Attachment D May 9, 2019, Planning Commission Minutes 22-64 Planning Commission Minutes May 9, 2019 ITEM NO.5 RMD Zoning Code Amendment (PA2019-065) Site Location: Citywide Summary: Amend the Newport Beach Municipal Code (NBMC), Title 20 Zoning Code, to rename the RMD (Multiple Residential Detached) Zoning District to RMD (Medium Density Residential) and modify the purpose statement of the RMD zone to allow for attached and detached residential development. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-012 recommending the City Council approve Zoning Code Amendment No. CA2019-003. Deputy Community Development Director Campbell reported the Planning Commission directed staff to initiate a Code amendment to correct the error in the RMD zone by renaming the Multiple Residential Detached (RMD) Zoning District as the Medium -Density Residential (RMD) Zoning District. In 2010, the name of the zoning district was incorrectly transcribed, and the amendment would allow detached and attached units as originally intended. In response to Commissioner Kramer's inquiry, Community Development Director Jurjis advised that staff will present the amendment to the City Council along with the planning application for the Mesa Drive Townhomes project. Vice Chair Weigand opened the public hearing. Jim Mosher suggested paragraph 1 of the Resolution recommending approval state "...2010 Zoning Code Update was intended to include..." The designation is also incorrect in Table 4-1 of Code Section 20.48.040. In Table 1- 1 of Code Section 20.14.020, RMD should be RM -D. Deputy Community Development Director Campbell concurred with correcting paragraph 1 of the Resolution. In Table 4-1, RM -D can be revised to RMD without re -initiating an ordinance. Should Table 1-1 need correcting, staff will include it in the ordinance presented to the City Council. Travis Zipper supported amending the name of the RMD Zoning District. Vice Chair Weigand closed the public hearing. Motion made by Commissioner Kramer and seconded by Commissioner Koetting to find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines; and adopt Resolution No. PC2019-012 recommending the City Council approve Zoning Code Amendment No. CA2019-003. AYES: Weigand, Lowrey, Koetting, and Kramer NOES: ABSTAIN: ABSENT: Zak, Ellmore, and Kleiman VIII. NEW BUSINESS IX. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION None 5 of 6 22-65 Attachment E Tracked Changes of Code Revisions 22-66 Attachment E — Track Changes of Code Revisions Section 1: Section 20.18.010(F) of the NBMC is hereby amended to read as follows: F. RMD (Multiple ResideRtial DetaGhed Medium Density Residential) Zoning District. The RMD Zoning District is intended to provide for areas appropriate for m„'+n medium density residential developments e"^' l containing attached or detached dwelling units. Section 2: Section 20.14.010 (Zoning Map Adopted by Reference) of the NBMC is hereby amended to change all references of "RM -D" to "RMD". Section 3: Table 4-1 (Animal Keeping Standards) of Section 20.48.040(A) of the NBMC is hereby amended to read as follows: TABLE 4-1 ANIMAL -KEEPING STANDARDS 22-67 Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Household Pets Total of 3 animals RM over 4 months old R54 -D None None P RMD All MU Total of 4 animals R-1 Cats and/or dogs over 4 months old None None R -BI P R-2 Total of 6 animals None None RA P over 4 months old Small household pets (e.g., Any combination up domesticated birds; hamsters, to 10 total None None All P guinea pigs, mice; nonpoisonous 22-67 TABLE 4-1 ANIMAL -KEEPING STANDARDS 22-68 Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) reptiles and snakes; rabbits, etc.) Pot-bellied pigs 1 None None R-1 MUP (3) Domestic Farm Animals See subsection (B) of 1 horse per each this section (Required 10,000 sq. ft., up to 1/2 acre Setbacks for R -A P a maximum of 3 Domestic Farm horses (1) Animals). Horses (noncommercial only) See subsection (B) of this section (Required 4 or more horses (1) 1 acre Setbacks for R -A MUP Domestic Farm Animals). Horses (commercial) As determined by conditional use permit R -A CUP Goats, pigs, sheep, cows, See subsection (B) of poultry, and similar animals kept this section (Required Total of 2 adult 15,000 in corrals and stables, including Setbacks for R -A (3) P animals (1) sq. ft. pot-bellied pigs Domestic Farm Animals). Fowl (not including roosters, See subsection (B) of cockerels, or peacocks) 10 animals per 1/2 this section (Required 1/2 acre R -A (4) MUP acre Setbacks for Domestic Farm 22-68 TABLE 4-1 ANIMAL -KEEPING STANDARDS Notes: (1) Offspring are exempt until they are weaned. (2) P = Allowed without a development permit. CUP = Conditional use permit required (Section 20.52.020). MUP = Minor use permit required (Section 20.52.020). (3) See also Section 7.12.010 (Keeping of Livestock). (4) Allowed in compliance with Chapter 7.08 (Wild Animals). Section 4: Table 1-1 (Zoning Districts Implementing the General Plan) of Section 20.14.020 of the NBMC is hereby amended to read as follows: TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Symbol Zoning Districts General Plan Land Use Designations Implemented by Zoning Districts Residential Zoning Districts Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Animals). Other Animals Apiary Prohibited—See Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Chapter 7.08 (Wild Animals). Notes: (1) Offspring are exempt until they are weaned. (2) P = Allowed without a development permit. CUP = Conditional use permit required (Section 20.52.020). MUP = Minor use permit required (Section 20.52.020). (3) See also Section 7.12.010 (Keeping of Livestock). (4) Allowed in compliance with Chapter 7.08 (Wild Animals). Section 4: Table 1-1 (Zoning Districts Implementing the General Plan) of Section 20.14.020 of the NBMC is hereby amended to read as follows: TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Symbol Zoning Districts General Plan Land Use Designations Implemented by Zoning Districts Residential Zoning Districts 22-69 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map General Plan Land Use Designations Implemented Symbol Zoning Districts by Zoning Districts R -A R-1 R-1-6,000 Single -Unit Residential Detached I RS -D Single -Unit Residential Detached R-1-7,200 R-1-10,000 R -BI R-2 Two -Unit Residential IRT Two -Unit Residential R-2-6,000 RM RM Multiple -Unit Residential I RME) RM -D Multiple -Unit Residential RM -6,000 Multi -Unit Residential Detached RMD Commercial Zoning Districts OA Office—Airport AO Airport Office and Supporting Uses OG Office—General Commercial CO -G General Commercial Office OM Office—Medical Commercial CO -M Medical Commercial Office OR Office—Regional Commercial CO -R Regional Commercial Office CC Commercial Corridor CC Corridor Commercial CG Commercial General CG General Commercial CM Commercial Recreational and Marine CM Recreational and Marine Commercial CN Commercial Neighborhood CN Neighborhood Commercial 22-70 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Symbol Zoning Districts General Plan Land Use Designations Implemented by Zoning Districts CV Commercial Visitor -Serving CV Visitor -Serving Commercial CV -LV Commercial Visitor -Serving, Lido Village CV -LV Visitor -Serving Commercial— Lido Village 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 M U -W 1 MU -W2 Mixed -Use Water MU -W Mixed -Use Water -Related Industrial Zoning Districts IG Industrial 1IG Industrial Special Purpose Zoning Districts OS Open Space OS Open Space PC Planned Community All designations PF Public Facilities PF Public Facilities PI Private Institutions PI Private Institutions PR Parks and Recreation PR Parks and Recreation Overlay Zoning Districts MHP Mobile Home Park RM Multiple -Unit Residential PM Parking Management All designations 22-71 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Symbol Zoning Districts General Plan Land Use Designations Implemented by Zoning Districts B Bluff All designations 22-72 ATTACHMENT F — VICINTY MAP VICINITY MAP Mjp n�l CURRENT USE F r ' I ON-SITE LNZl'i�r GENERAL PLAN ZONING Residential) 116A 4 OF residences %%4k SP -7 Santa Ana Heights •� a.N Specific Plan (Residential Santa Ana Country Club (Golf LOCATION GENERAL PLAN ZONING CURRENT USE Multi -unit condominiums, ON-SITE RM (Multiple -Unit RMD (Multiple apartments, and single-family Residential) Residential Detached) residences SP -7 Santa Ana Heights NORTH RM and County of Specific Plan (Residential Santa Ana Country Club (Golf Orange Multiple Family) and Course) County of Orange SOUTH County of Orange R4 Suburban Multifamily Mesa Drive and Single - Residential family/two-unit residences SP -7 (Residential Multiple EAST RM and OS (Open Family) and Horticultural Apartment complexes and Space) Nursery commercial nurseries (R2 -MD: Multiple —Family City of Costa Mesa and Residential, Medium Single-family residences and WEST County of Orange Density) and County of Santa Ana Country Club (Golf Orange Course) 22-73