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Home My WebLink About2019-10 - 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)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; Ordinance No. 2019-10 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 ANIMAL -KEEPING STANDARDS Minimum Zoning Districts I Required Maximum Number I Parcel I Minimum Setback I Where I Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Hodsehold Pets Cats and/or dogs Total of 3 animals over 4 months old I None RM None RMD P All MU Ordinance No. 2019-10 Page 3of9 TABLE 4-1 ANIMAL -KEEPING STANDARDS 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) Dome0aFarm Animals 1 horse per each See subsection (B) of 10,000 sq. ft., up to this section (Required 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 Ordinance No. 2019-10 Page 4 of 9 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). 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 1/2 1/2 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). Ordinance No. 2019-10 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 Resi�ant�al Gnilitridts 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 -BI R-2 Two -Unit Residential IRT (Two -Unit Residential R-2-6,000 RM RM Multiple -Unit Residential RM -6,000 Multi -Unit Residential I RM -D I Multiple -Unit Residential Detached RMD CbmmercilZohmg 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 Ordinance No. 2019-10 Page 6 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 CM Commercial Recreational and Marine CM Recreational and Marine Commercial CN Commercial Neighborhood CN Neighborhood Commercial CV Commercial Visitor -Serving CV Visitor -Serving Commercial CV -LV Commercial Visitor -Serving, Lido Village CV -LV Visitor -Serving Commercial— Lido Village Mixed�lJseoninq'Districts . MU -V Mixed -Use Vertical MU -V Mixed -Use Vertical MU -MM MU -DW Mixed -Use MU -H I Mixed -Use MU-CV/15th Street M U -W 1 Mixed -Use Water I MU -W I Mixed -Use Water -Related MU -W2 Industrial Z9nmg QStriGts IG Industrial 1IG Industrial SRdiil Purpose Zoning Districts;' OS Open Space OS Open Space PC Planned Community All designations PF Public Facilities PF Public Facilities PI Private Institutions 1PI Private Institutions Ordinance No. 2019-10 Page 7 of 9 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map General Plan Land Use Designations Implemented Symbol Zoning Districts I by Zoning Districts (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. Ordinance No. 2019-10 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. Ordinance No. 2019-10 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 Mayor Dixon, Mayor Pro Tem O'Neill Council Member Avery, Council Member Brenner Council Member Duffield Council Member Herdman Council Member Muldoon NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS "I W — DIANE! B. DIXON, MAYO ATTEST: ;V W LEILANI I. BROWN, CITY CLERK lu o APPROVED AS TO FORM: ��FO RNP CITY ATTORNEY'S OFFICE V\ AART C. HARP, CITY ATTORNEY STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2019-10 was duly introduced on the 11'h day of June, 2019, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 25th day of June, 2019, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of June, 2019. U STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } 9t, - R t4 Leilani I. Brown, MMt City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2019-10 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: June 15, 2019 Adopted Ordinance: June 29, 2019 In witness whereof, I have hereunto subscribed my name this _ day of U/ 2019. Leil ni I. Brown, MMC City Clerk City of Newport Beach, California