HomeMy WebLinkAboutOrdinance2019-10ORDINANCE 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
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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 11th 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
L17-
Leilani I. Brown, M
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI 1. 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:
2019.
Introduced Ordinance: June 15, 2019
Adopted Ordinance: June 29, 2019
In witness whereof, I have hereunto subscribed my name this day of ,
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California