HomeMy WebLinkAbout98-21 - Approving an Amendment to Title 20 of the Municipal Code Relating to Definition of Terms, Land Use Classifications, Land Use Regulations, Nonconforming Structures, the Regulation of Signs, Public Notification Requirements, Appeal and Call for ReviORDINANCE 98- 21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF
THE MUNICIPAL CODE RELATING TO DEFINITION OF TERMS,
LAND USE CLASSIFICATIONS, LAND USE REGULATIONS,
NONCONFORMING STRUCTURES, THE REGULATION OF SIGNS,
PUBLIC NOTIFICATION REQUIREMENTS, APPEAL AND CALL FOR
REVIEW PROCEDURES, AND THE REMOVAL OF OBSOLETE,
REDUNDANT, AND CONFLICTING LANGUAGE [PLANNING
COMMISSION AMENDMENT 8741
WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the
definition of terms, laud use classifications, land use regulations, nonconforming structures, the
regulation of signs, 'public notification requirement's, appeal and call for review procedures, and the
removal of obsolete, redundant, and conflicting language are required; and
WHEREAS, on July 9, 1998 and July 23, 1998, the Planning Commission of the City of
Newport Beach held a public hearing regarding this amendment; and
WHEREAS, on August 10, 1998, the City Council of the City of Newport Beach held public
hearings regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearings; and
WHEREAS, pursuant to the California Environmental Qualify Act, it has been determined
that the proposed amendment is categorically exempt under Class 5, minor alterations in land use
limitations.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the City of Newport Beach Municipal Code shall be revised as
provided in Exhibit "A."
SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the
same shall become effective thirty (30) days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on August 10, 1998, and adopted on the 24th day of August, 1998, by the
following vote, to wit:
AYES, COUNCIL MEMBERS Thomson, Debay,
O'Neil, Glover, Noyes, Mayor Edwards
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS Hedges
MAYOR
ATTEST:
CITY CLERK
2
EXHIBIT "A"
1. Section 20.03.030, add new definition:
NO
2. Section 20.05.0$@ (F & H), replace with new land use classification:
3. Section 20.10.040 (B -1), remove unneeded language and revise to clarify:
B. Build:.w l4e:Fht awl Floor Area Limit
in the fD 1 District in the a of West T� o...poA .,n the Balboa Pe fiifl u , the tal
grass 1'1861 -iire , •••1 ,. ... -tom i..,t ecoiu`li -ar: ^rJ adl`eks,
b to .,tie open en nt_least 2 sides, ..t.. ed in A 1..,:1.7: 9a a site ghmll
iiet e�ieaed -2 times the h..:lgable . „f th,, sitter. 1n the R-1, an &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- 10.030) shall not exceed 1.5
times the buildable area of the site. d °— F
ui . -g height 1 :.,,,;t shall be 24/28 ..:F:e j in Chapter N-65
Amendment 874
August 24, 1998
Page 1
4. Section 20.20.020 (Table), delete conflicting row:
Industrial (Districts: Land Use Regulations
P = Pcnni¢i
UP = Use Permit.
PDIU = Use Txnnit issued by the Planning Director
L = United (see Additional use Regulations)
- -- = Not Permitted
vCHICLEICQUIPMCNT SALES AND SERVICES
- A'UTOMOB'ILE WASHING
- COMMERCIAL PARKING FACILITY
-SERVICE STATIONS
- VEHICLEILQUIPMENT REPAIR
49,PhITSAI�Eg AND RETAIL
- VEHICLElEQUIP,MENT SALES AND RETA(LS
M -1 M -1 -A IBP Additional
- --
---
PDlU
P
UP
UP
PD/U
P
P
P
P
F
R
L -14
L-14
P
S. Section 20.50.030, add missing provision from the old code:
6. Chapter 20.60, add new section:
—�
G. S Iles sfralltbe co ducteel only dui7ngm _ayllgii xlsc)i rs;
Amendment 874
August 24, 1998
Page 2
F 10166d:oi beveia.O s shatl'be 4,11 ere7 io1 salenrtrad'e.
7. Revise. Section 20.62.060 (A -3) to read as follows:
3. Covered and Enclosed Parking.
a n 1.5 n,istr:rt Residential development having less than the
required number of enclosed parking spaces:
(1) Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
(2) Minor additions to existing buildings, such as the
construction. of 'bathrooms, closets and hallways, or the
expansion of existing rooms, subject to the 'floor area limits
of Section 20.62.0.040 (D).
(3) Addition of a new room provided that there is no net increase
in the number of habitable rooms, upon the approval of a,
modification permit, subject to the floor area limits of
Section 20.62.0.040 (D).
WIN
8.. Section 20.62.090 (IB -1), revise to unelude'all buildings:
2.
in any district, the nonconforming uses of land w,lie-ei'ii a �« �
building er structure is mvghued'shall be discontinued within the time limits
specified by the Planning Commission, which shall not exceed the following
maximum time limits:
Amendmenr874
AugustN, 1998
Page 3
a. Residential districts: 5 years;
b. Nonresidential districts: 10 years.
Maximum time limits for nonconforming uses in the residential or
nonresidential portions of SP or PC district shall the same as those for
residential and nonresidential districts, respectfully, unless otherwise
provided for in the specific plan or development plan.
9. Revise Section 20.63.060 as follows:
20.63.060 ]Building Bulk
Building bulk shall be calculated to be gross floor area excluding outdoor dining areas and with the
addition of courtyards not open on at least 2 sides. An area which is open to the sky and is open on
one side shall be considered to be consistent with this provision.
In addition, for purposes of calculating building bulk, the floor area devoted to portions of a
building which span more than 1 floor, such as multi -level lobbies, stairwells, and elevator shafts
shall be counted at each floor level. Any level of a building which measures more than 18 feet from
finished floor to finished floor level or from finished floor to the average height of the roof above
finished floor, shall be considered to occupy 2 floor levels.
Building bulk shall also include the gross square footage of above grade or partially subterranean
covered parking areas, except where specifically excluded for a particular location under the Land
Use Element of the General Plan.
Where a covered parking area is partially subterranean, gross 'floor area of the covered parking area
shall be prorated as follows:
Height of ceiling
above natural grade
greater than 8 feet
6 -8 feet
4 -6 feet
2 -4 feet
less than 2 feet
Portion of parking area counted
towards gross square footage
100
75%
50%
25%
Not counted
Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25 for
commercial uses or 0.35 for mixed residential/commercial uses.
Amendment 874
August 24, 1998
Page 4
10. Section 20.65.030 (6 -2), revise to clarify language:
2. Flood Hazard Areas. The
WIN
grade, whiAever -s a higher. sre quired to be;el'eyated
atle pad elevation a� estabh Sh by the Flood Insurance Rate
Maps recognized by the Building Department as part of flood safety
requirements and maps adopted by City Council. Notwithstanding the
building pad elevations established by the Flood Insurance Rate Maps, the
minimum required first floor finished floor elevation for the interior living
areas of all new structures shall be at least 6.27 Mean Sea Level consistent
with the Public Works Department standard for bulkhead elevation.
11. Section 20.65.060, delete obsolete language:
20.65.060 Existing Structures and ]Permits
C
■
DA :1 The use permit application fee shall be waived for any single family home in the
R -1 District which is replacing a structure which was in existence on the effective
date of this chapter (October 11, 1972).
AMendOlCnt 674
August 24, 1998
Page j
•
C
■
DA :1 The use permit application fee shall be waived for any single family home in the
R -1 District which is replacing a structure which was in existence on the effective
date of this chapter (October 11, 1972).
AMendOlCnt 674
August 24, 1998
Page j
EM Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in
existence or under construction on the effective date of this chapter (October 11,
1972) may be changed provided such change does not result in a roof height above
top of curb and provided further that the roof height does not exceed the height limit
established by the 24/28 Height Limitation Zone. For purposes of this chapter, the
top of curb height limitation shall be established by a horizontal plane created by the
extension of the top of curb line across each site located on the bluff side of Ocean
Boulevard. Where a question arises as to the `interpretation of this 'code, the
Planning Director shall review and render a decision. New structures may be
constructed on vacant sites subject to the same criteria.
12. Reformat Section 20.65.050 (1B) as a separate section, Section 20.65.055:
The Planning Commission or City
Council in approving any planned community district, any specific plan, or in
granting any use permit for structures in excess of the basic height limit in any zone
d'i stiaS shall find that each of the following four points have been complied with:
4-. The increased building height would result in more public visual open space
and views than is required by the basic height 'limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the
percentage of ground cover, and the treatment of all setback and open areas.
-2-D. The ,increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area than is required by the basic height limit in any zone.
3D. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
4D. The structure shall have no more floor area than could have been achieved
without the use permit.
Amendment 874
Augusl 24, 1998
Pagc 6
13. Revise Section 20.66.040 (A -1) to include the R-1.5 District:
20.66.040 Parking Standards for Residential Districts
A. Parking Space Dimensions and Clearances
Minimum Interior Dimensions. Required parking spaces shall have a
minimum interior width of 8 feet, 3 inches and a minimum interior depth of
IS feet.
Exception: In Rr -1 R -2 and MFR Districts, where tandem parking
is provided, one of each set of two tandem spaces may have a
minimum interior depth of 16 feet, provided this space is not used to
meet* the requirements for covered parking.
14. Section 20.66.050 (B -4), revise to provide the correct reference:
4. Exceptions.
a. Where the size, shape, location, or topography of the proposed
parking facility make compliance with the requirements of this
t .
season unpractical and will result in hardship, the
requirements of this chapter and the off - street parking standards as
are necessary to permit development of the parking facility may be
waived so long as the waiver does not create an unsafe condition or a
condition which is detrimental to surrounding property.
b. For commercial districts, application for a waiver of the
requirements of this sccttnrg shall be made to the
Modifications Committee.
C. For industrial districts, application for a waiver of the requirements
of this- ehapter sec � shall be made to the Planning Commission.
15.20.67.020 Q -3), revise as follows:
Luminous Tube Sims. Any sign which consists of or is illuminated by
exposed electrically- charged gas - filled tubing, such as neon and argon signs
,exposed
ub .
Ameudmenl 874
August24, 1998
Page 7
16, 20.67.025 (1), add new sections:
8.
c rempoiary pertted wader Sectol 2067 035'a
17. Revise Section 20.67.035 (B) as follows:
B. Other Temporary Sijms.
L Residential Districts. No temporary signs are permitted in residential .
districts, except the'tor real estate signs authorized in Section 20.67.035 (A)
and ,personal pr p ty s le signs �u oracedin Sect on 2060 120 (F
2. Commercial and Industrial Districts. Temporary signs are permitted in
commercial and industrial districts subject to the following restrictions:
a. Size. No temporary sign shall exceed t00 square feet in area.
Temporary signs of rigid material shall not exceed 24 square feet in
area, or 6 feet in height.
Amendment 874
Augot24, 1998
Page 8
0
I
M
M
b. Duration. Temporary signs shall remain in place for a period not
exceeding 90 days per calendar year.
C. Number. 1. per building or site.
d. Exceptions.
(1) Temporary signs displayed atautefneble service stations-aptl
dFi ° in and autdoer restaufams are governed by the
provisions of Sections 20.67.030 (D) and (E), Fespe6t�aly.
(2)
e. q�,ca person Shall place. b1 post any
18. Section 20.52.050, revise to read as follows:
D. Required Notice.
1. At least 10 days prior to the administrative decision, notice shall be mailed
to the applicant and all owners of pro erty within 300 feet> ezcl
ervenina ghGs o'f. =way wcl wierw;2�s� of the boundaries of the site, as
shown on the last equalized assessment roll or, alternatively, from such other
records as contain more recent addresses. It shall be the responsibility of the
Ammtdment 974
August 24, 1998
Pape 9
applicant to obtain and provide to the City the names and addresses of
owners as required by this section.
Exception. Notice is not required for__�ippltcations on properties
which are not located within 300 feet (ex4udmg iritervetitn a igh
of= waviand, water of a residential district.
19. Section 20.86.070, revise to read as follows:
B. Required Notice.
The Modifications Committee shall give notice of the public hearing in the
same manner as prescribed in Section 20.93.030 for all CRDPs reviewed by
the Modifications Committee,
2. Notice of all other public hearings shall be given as follows:
a. Mailed or Delivered Notice.
(1) ResiU ntialDistmefs At least 10 days prior to the hearing,
notice shall be mailed to the applicant and all owners of
property within 300 feet of the boundaries of the site, as
shown on the last equalized assessment roll or, alternatively,
from such other records as contain more recent addresses. It
shall be the responsibility of the applicant to obtain and
provide to the City a list and postage paid envelopes with the
names and addresses of owners as required by this section.
(2)
20. Section 20.91.025 (A), revise as follows:
A. Authority. The Planning Commission shall approve, conditionally approve, or
disapprove applications for use permits or variances, unless the authority for an
AIT CWIOIOIIt 874
August 24, 1998
Nagc 10
administrative decision on a use permit is specifically assigned to the Planning
Director in the individual chapters of this code.
fit use permits and, variances
the general plan zoning code; !
21. Section 2O.91.O3O, revise to read as fol0ows:
C. Required Notice. ,Notice of a public hearing or an administrative decision shall be
given as follows:
1. Mailed or Delivered Notice.
a. kt'ctiidunttal,:Distrrct At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and
all owners of property within 300 feet of the boundaries of the site,
as shown on the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the City the
names and addresses of owners as required by this section.
1711
22. ]Revise Section 20.91.035 (B -1):
1.
:rFs•
Amendinum 874
August24, 1998
Page I I
23. Section 20.92.4150, revise to read as follows:
B. Required Notice. Notice of such hearing shall be given as follows:
1 Rcs`ientil!D sutcts At least 10 days prior to the hearing, notice shall be
mailed to the applicant and all owners of property within 300 feet of the
boundaries of the site, as shown on the last equalized assessment roll or,
alternatively, from such other records as contain more recent addresses. It shall
be the responsibility of the applicant to obtain and provide to the City a list and
postage paid envelopes with the names and addresses of owners as required by
this section.
2.
24. Section 20.92.060 (A), revise as follows:
A. If all applicable standards established by this section are met, the 'Planning
Commission shall approve the development. Conditions may be applied when the
proposed development does not comply with applicable standards and shall be such
as to bring said development into conformity.
25. Section 20.93.030 (B), revise to read as follows:
B. Required, Notice.
1. Mailed or Delivered Notice.
a. kArdealiaDrstricis� At least 10 days prior to the hearing, notice
shall be mailed to the applicant and all owners of property within
100 feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the applicant
Amendment 874
August 24, 1996
Page 12
b.
to obtain and provide to the City the names and addresses of owners
as required by this section.
26. Section 20.93.050, revise to correct error:
20.93.050 Effective Date
Modification permits shall not become effective for '14 days after being granted, and in the
event an appeal to the Planning filed or 11 the iF_Lnp g Cuu oI City
Council shall exercise its right to review any such decision under the provisions of Chapter
20.95, the permit shall not become effective unless and until a decision granting the
modification permit is made by the Planning Commission or City Council.
27. Section 20.94.030 (8 -1), revise to snatch state law:
Mailed or Delivered Notice. In case the proposed amendment consists of a
change so as to reclassify any property from any district to any other district
oar aftects the r_im uses,,ot real pipet y, at least 10 days prior to the
hearing, notice shall be mailed to the applicant, the property owner, and all
owners of property within 300 feet,.e cudtngvinterrueniii "ri hts of wayan
:irate` iw iy of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain more
recent addresses. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this
section.
If the number of owners to whom notice would be mailed pursuant to this
section is greater than 1000, the Planning Director, at his discretion, in lieu
of mailed or delivered notice, may provide notice by placing a display
advertisement of at least one - eighth page in 2 newspapefs atrJ104st enen
L
newspaper of general circulation within the City at least 10 days prior to the
hearing. In all cases tnY "Uvin amendmentso+tlie Ditrtcixg Mai, notice
shall be given by mail to the owner of property that is the subject of the
proposed amendment.
Amcndincot V4
Augus124, 1999
Page 13
28. Section 20.94.030 (B -4), revise to provide for business organizations:
H
In
addition, when applicable, the etneawi eFs boinmunity' " d/o • b'u riies'
.association t,�presenting the !area ul fc the
affected property is •located shall also be. notified as provided herein.
29. Section 20.94.050 (A) requires to maintain language consistency with other sections of the
Zoning Code:
A. Hearing Date and Notice. Upon receipt of such report from the Planning
Commission, or upon the expiration of the time limit prescribed in Section
20.94.040, or upon the filing of any appeal, the City Council shall set the matter for
Ons' t one public hearing giving notice thereof as prescribed in Section 20.94.030.
30. Section 20.95.010 (B), revise as follows:
B. Calls for Review. As an additional safeguard to avoid resuhs inconsistent
with the purposes of this code, decisions of the Planning Director and the
Modifications Committee may be called up for review by the Planning
Commission, or by the City Council for re 1ew:ror referral to the Planning
Commission. Decisions of the Planning Commission may be called up I'or
review by the City Council.
31. Section 20.95.040 (C), revise as follows:
C. Calls for Review. Calls for review by the Planning Commission or Fie G y
t?o�.,....-unc may be initiated by any member. G °11•, fee. _eview by the
affiE. ati votes.
32. Section 20.96.040 (1E -3), change "6 months" to "180 days."
3. That there has been a discontinuance of the exercise or the entitlement
granted by the permit for 6 I,
seoutive men : _8()consecutrueD
Amendment 874
August 24, 1998
Page 14
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 98 -21 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th
day of August, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards
Noes: None
Absent: Hedges
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of August, 1998.
(Seal)
F ;
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } se.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 98 -21 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: August 29, 1998.
In witness whereof, I have hereunto subscribed my name this iL�� day of
P,
'1998.
City Clerk of the City of
Newport Beach, California