HomeMy WebLinkAbout3a_Supplemental Staff_Report_PA2012-102CITY OF NEWPORT BEACH
PLANNING COMMISSION SUPPLEMENTAL STAFF REPORT
January 17, 2013 Meeting
Agenda Item 3
SUBJECT: Residential Lot Merger Code Amendment - (PA2012 -102)
Code Amendment CA2012 -007
APPLICANT: City of Newport Beach
PLANNER: Patrick J. Alford, Planning Manager
(949) 644 -3235, palford(a)newportbeachca.gov
Staff has determined that minor revisions to the proposed code amendment are needed
in order to clarify that proposed regulation would only apply to those lots where the lot
width was increased by more than fifty (50) percent. These changes have been
incorporated into both the text of the draft resolution and Exhibit A. The new edits are
highlighted.
Prepared by: Submitted
by:
Patrick J. Alford, Planning Manager ®rn WisnesI6, r ICP, Deputy Director
ATTACHMENTS
Revised Draft Resolution
suppLeVVuev t2L stR f f ROport 1
suppLevme A, A sta f f rzeport 2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF CODE AMENDMENT NO. CA2012 -007
RESTRICTING THE MAXIMUM ALLOWABLE RESIDENTIAL
FLOOR AREA ON LOT RECONFIGURATIONS RESULTING IN
LOT WIDTH INCREASES OF MORE THAN FIFTY PERCENT
(PA2012 -102)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On August 14, 2012, the City Council initiated an amendment of the Zoning Code and the
Subdivision Code that would modify residential development standards so that the future
merger of two or more lots in the single -unit and two -unit zoning districts of Balboa Island,
Balboa Peninsula, Corona del Mar, Lido Isle, and West Newport would result in no net
increase in the maximum allowable Floor area that existed prior to the merger.
2. A public hearing was held on January 17, 2013, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the
meeting 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 meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the properties involved have an average slope of less than 20 percent;
and the and proposed amendment would not result in any changes in land use or density.
SECTION 3. FINDINGS
1. Parcel maps, lot line adjustments, and lot mergers can result in the elimination of setback
areas resulting in larger buildable areas and potentially larger residential units.
2. The proposed amendment will modify the residential development standards of the R -1, R-
BI, and R -2 Zoning Districts so that any existing lot in Balboa Island, Balboa Peninsula,
Corona del Mar, Lido Isle, and West Newport that has been reconfigured by a lot merger,
lot line adjustment, or parcel map that resulted in an increased lot width of more than fifty
(50) percent on the largest of the lots involved in the reconfiguration, the maximum gross
floor area permitted on the lot shall not exceed that which would have otherwise been
permitted if the lots were developed individually prior to the reconfiguration.
suppLeVVuewtaL stR f f ROp0rt S
Planning Commission Resolution No.
NOW, THEREFORE, BE IT RESOLVED:
2of2
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2012 -007 as set forth in Exhibit "A."
PASSED, APPROVED AND ADOPTED THIS _17th DAY OF JANUARY, 2013.
AYES:
NOES:
ABSTAIN
ABSENT:
I -.Y�
AIN
Michael Toerge, Chairman
Fred Ameri, Secretary
'S PP[. ntvt2L sta f f Report 4
Code Amendment No. CA2012 -007
Section 19.12.070.A
A. Required Findings for Approval. In approving a tentative tract map or tentative parcel
map, the decision making body shall make all of the following findings:
1. That the proposed map and the design or improvements of the subdivision are consistent
with the General Plan and any applicable specific plan, and with applicable provisions of the
Subdivision Map Act and this Subdivision Code;
2. That the site is physically suitable for the type and density of development;
3. That the design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage nor substantially and avoidably injure fish or wildlife or
their habitat. However, notwithstanding the foregoing, the decision making body may
nevertheless approve such a subdivision if an environmental impact report was prepared for
the project and a finding was made pursuant to Section 21081 of the California
Environmental Quality Act that specific economic, social or other considerations make
infeasible the mitigation measures or project alternatives identified in the environmental
impact report;
4. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems;
5. That the design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the decision making body may approve a map if it
finds that alternate easements, for access or for use, will be provided and that these
easements will be substantially equivalent to ones previously acquired by the public. This
finding shall apply only to easements of record or to easements established by judgment of a
court of competent jurisdiction and no authority is hereby granted to the City Council to
determine that the public at large has acquired easements for access through or use of
property within a subdivision;
6. That, subject to the detailed provisions of Section 66474.4 of the Subdivision Map Act, if
the land is subject to a contract entered into pursuant to the California Land Conservation Act
of 1965 (Williamson Act), the resulting parcels following a subdivision of the land would not
be too small to sustain their agricultural use or the subdivision will result in residential
development incidental to the commercial agricultural use of the land;
7. That, in the case of a "land project' as defined in Section 11000.5 of the California
Business and Professions Code: (1) There is an adopted specific plan for the area to be
included within the land project; and (2) the decision making body finds that the proposed
land project is consistent with the specific plan for the area;
s up? LeVVUewtaL stR f f lzep0rt 5
8. That solar access and passive heating and cooling design requirements have been
satisfied in accordance with Sections 66473.1 and 66475.3 of the Subdivision Map Act;
9. That the subdivision is consistent with Section 66412.3 of the Subdivision Map Act and
Section 65584 of the California Government Code regarding the City's share of the regional
housing need and that it balances the housing needs of the region against the public service
needs of the City's residents and available fiscal and environmental resources;
10. That the discharge of waste from the proposed subdivision into the existing sewer
system will not result in a violation of existing requirements prescribed by the Regional Water
Quality Control Board; -a-pd
11. For subdivisions lying partly or wholly within the Coastal Zone, that the subdivision
conforms with the certified Local Coastal Program and, where applicable, with public access
and recreation policies of Chapter Three of the Coastal Act -; and
12. For subdivisions involving the reconfiguration of existing lots within the R -1, R -BI, and
R -2 Zoning Districts of Balboa Island, Balboa Peninsula, Corona del Mar, Lido Isle, and West
Newport, as identified in the Zoning Code: when the reconfiguration results in an increase in
the lot width of more than fifty (50) percent on the largest lot involved in the reconfiguration,
the maximum gross floor area permitted on this lot shall not exceed that which would have
otherwise been permitted if the lots were developed individually prior to the reconfiguration.
Section 19.68.030.H
H. Required Findings. All of the following findings shall be made prior to approval of a lot
merger:
1. Approval of the merger will not, under the circumstances of this particular case, be
detrimental to the health, safety, peace, comfort and general welfare of persons
residing or working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general welfare of
the City, and further that the proposed lot merger is consistent with the legislative
intent of this title; and
2. The lots to be merged are under common fee ownership at the time of the merger;
and
3. The lots as merged will be consistent or will be more closely compatible with the
applicable zoning regulations and will be consistent with other regulations relating to
the subject property including, but not limited to, the General Plan and any applicable
Coastal Plan or Specific Plan; and
4. Neither the lots as merged nor adjoining parcels will be deprived of legal access
as a result of the merger; and
5. The lots as merged will be consistent with the surrounding pattern of development
and will not create an excessively large lot that is not compatible with the surrounding
development.
6. Within the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa
Peninsula. Corona del Mar, Lido Isle, and West Newport, as identified in the Zoning
suppLeVVUewt2[ stR f f 1Zeport 0
Code: when lots as merged result in an increase in the lot width of more than fifty (50)
percent, the maximum gross floor area permitted shall not exceed that which would
have otherwise been permitted if these lots were developed individually prior to the
reconfiquration.
Section 19.76.020.1.6
6. That the final configuration of a reoriented lot does not result in any reduction of the
street side setbacks as currently exist adjacent to a front yard of any adjacent key lot, unless
such reduction is accomplished through a zone change to establish appropriate street side
setbacks for the reoriented lot. The Planning Commission and City Council in approving the
zone change application shall determine that the street side setbacks are appropriate, and
are consistent and compatible with the surrounding pattern of development and existing
adjacent setbacks.
A. Within the R -1, R -BI, and R -2 Zoning Districts of Balboa Island, Balboa
Peninsula, Corona del Mar, Lido Isle, and West Newport, as identified in the Zoning
Code: when a lot line adjustment results in an increase in the lot width of more than
fifty (50) percent on the largest lot involved in the reconfiguration, the maximum gross
floor area permitted on the lot shall not exceed that which would have otherwise been
permitted if these lots were developed individually prior to the lot line adiustment.
suppLeVVuewt2L stR f f ROp0rt 7
Section 20.18.030, Table 2 -2
DEVELOPMENT STANDARDS FOR SINGLE -UNIT
RESIDENTIAL ZONING DISTRICTS
R -1- R -1- R -1- Additional
Development Feature R -A R -1 6,000 7,200 10,000 Requirements
Lot Dimensions Minimum dimensions required for each newly created lot.
Lot Area (1) (2)
The distances below are minimum setbacks required for primary structures.
See Section 20.30.110 (Setback Regulations and Exceptions) for setback
measurement, allowed projections into setbacks, and exceptions. The following
Corner lot
87,120 sq.
ft.
6,000 sq.
ft.
6,000 sq.
ft.
7,200
sq. ft.
10,000
sq. ft.
front setback areas for the purpose of regulating accessory structures. Also
Interior lot
87,120 sq.
ft.
5,000 sq.
ft.
6,000 sq.
ft.
7,200
sq. ft.
10,000
sq. ft.
20 ft.
Lot Width
20 ft.
15 ft.
20.30.110
Corner lot
125 ft.
60 ft.
60 ft.
70 ft.
90 ft.
Interior lot
125 ft.
50 ft.
60 ft.
70 ft.
90 ft.
Lot Depth
N/A
N/A
80 ft.
90 ft.
100 ft.
Density /Intensity
Each legal lot shall be allowed one single -unit detached dwelling.
Setbacks
The distances below are minimum setbacks required for primary structures.
See Section 20.30.110 (Setback Regulations and Exceptions) for setback
measurement, allowed projections into setbacks, and exceptions. The following
setbacks shall apply, unless different requirements are identified on the setback
maps in which case the setback maps shall control. (See Part 8 of this title.)
Side and rear setback areas shown on the setback maps shall be considered
front setback areas for the purpose of regulating accessory structures. Also
refer to Section 20.48.180 (Residential Development Standards and Design
Criteria).
Front:
20 ft.
20 ft.
20 ft.
20 ft.
15 ft.
20.30.110
20.48.180
Side (interior, each):
20.30.110
20.48.180
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft.
5 ft.
10 ft.
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft.
5 ft.
10 ft.
Side (street side):
20.30.110
20.48.180
Lots 40 ft. wide or less
5 ft.
3 ft.
6 ft.
5 ft.
10 ft.
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft.
5 ft.
10 ft.
Rear:
25 ft.
10 ft.
6 ft.
20 ft.
10 ft.
Lots abutting a 10
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Abutting Alley:
ft. alley or less that
are directly across
the alley from the
side yard of a lot
abutting an alley
shall provide a
setback for the first
floor of at least 10
ft. from the alley.
10 ft. wide or less
N/A
5 ft.
N/A
N/A
N/A
15 ft. wide or less
N/A
5 ft.
N/A
N/A
N/A
15'1" to 19'11"
N/A
3'9"
N/A
N/A
N/A
20 ft. wide or more
N/A
0
N/A
N/A
I N/A
Bluff edge setback
As provided in Section 20.28.040 (Bluff (B) Overlay District).
Bulkhead setback
Structures shall be set back a minimum of 10 ft. from the bulkhead in each
zoning district.
Site Coverage
Maximum percentage of the total lot area that may be covered by structures.
Lots 40 ft. wide or less
N/A
N/A
60%
60%
60%
Lots wider than 40 ft.
40%
N/A
60%
60%
60%
Floor Area Limit (gross
floor area)
N/A
N/A
Citywide
2.0(5)(6)
(7)
Corona del Mar
1.5 (5)(6)
M
Height (3)
Maximum height of structures without discretionary approval. See Section
20.30.060(C) (Increase in Height Limit) for possible increase in height limit.
Flat roof
24 ft.
24 ft.
24 ft.
35 ft.
and 2
stories
24 ft.
See
20.30.060(C)(2)
(Height Limit Areas)
and 20.30.060(B)
(Height of
Structures and
Measurement)
Sloped roof; minimum
3/12 pitch
29 ft.
29 ft.
29 ft.
40 ft.
and 2
stories
29 ft.
Bluffs
See Section 20.28.040 (Bluff (B) Overlay District).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Parking
See Chapter 20.40 (Off- Street Parking).
Satellite Antennas
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
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Residential See Section 20.48.180 (Residential Development Standards and Design
Development Criteria).
Standards
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this
table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original
underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width
and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the
original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
(3) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting
the lot.
(4) Side setback areas for lots designated Special Fire Protection Areas shall be a minimum of five feet unless reduced by
the Fire Marshal.
(5) The floor area of a subterranean basement is not included in the calculation of total gross floor area.
(6) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the
buildable area of the lot.
71 In the R -1 Zonina District of Balboa Island. Balboa Peninsula. Corona del Mar. Lido Isle. or West Newoort: existin
lots reconfigured by a lot merger, lot line adjustment, or parcel mao after 'EFFECTIVE DATEI that resulted in an increase in
the lot width of more than fifty (50) percent on the largest of lots involved in the reconfiguration, the maximum gross floor
area permitted on the lot shall not exceed that which would have otherwise been oermitted if these lots were developed
individually prior to the reconfiguration
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TABLE 2 -3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT
RESIDENTIAL ZONING DISTRICTS
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Additional
Development Feature
R -BI
R -2
R -2 -6,000
Requirements
Lot Dimensions
Minimum dimensions required for each newly created lot.
Lot Area (1) (2) (3)
Corner lot
2,375 sq.ft.
6,000 sq.ft.
6,000 sq.ft.
Interior lot
2,375 sq.ft.
5,000 sq.ft.
6,000 sq.ft.
Lot Width
Corner lot
60 ft.
60 ft.
60 ft.
Interior lot
50 ft.
50 ft.
60 ft.
Lot Depth
N/A
N/A
80 ft.
Site Area per Dwelling Unit
Minimum required site area per dwelling unit based on net area of
the lot.
1,000 sq.ft.
1,000 sq.ft.
3,000 sq.ft.
No more than 2 units per lot
Site Coverage
Maximum percentage of the total lot area that may be covered by
structures.
N/A
N/A
60%
Floor Area Limit (9) (gross
1.5 plus 200
2.0
N/A
floor area)
sq. ft. (10)
Citywide (8)
1.5 Corona
del Mar (8)
u
Setbacks
The distances below are minimum setbacks required for primary
structures. See Section 20.30.110 (Setback Regulations and
Exceptions) for setback measurement, allowed projections into
setbacks, and exceptions. The following setbacks shall apply, unless
different requirements are identified on the setback maps in which
case the setback maps shall control. (See Part 8 of this title.) Side
and rear setback areas shown on the setback maps shall be
considered front setback areas for the purpose of regulating
accessory structures. Also refer to Section 20.48.180 (Residential
Development Standards and Design Criteria).
Front:
20 ft.
20 ft.
20 ft.
suppLeK&ewtaL stR f f ROport 11
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft.
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
6 ft.
wide
Lots 50 ft. wide and greater
N/A
4 ft.
6 ft.
Side (street side):
Lots 40 ft. wide or less
3 ft.(10)
3 ft.
N/A
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
N/A
wide
Lots 50 ft. wide and greater
N/A
N/A
6 ft.
Rear:
10 ft.
10 ft.
6 ft.
Lots abutting a 1 Oft.
alley or less that are
Abutting Alley
directly across the
alley from the side
10 ft. wide or less
5 ft.
5 ft.
N/A
yard of a lot abutting
the alley shall
15 ft. wide or less
5 ft.
5 ft.
N/A
provide a setback for
the first floor of at
15'1" to 19'11"
3'9"
319"
N/A
least 10 ft. from the
alley.
20 ft. wide or more
0
0
N/A
Waterfront
10 ft.
10 ft.
N/A
Bluff edge setback
As provided in Section 20.28.040 (Bluff (B) Overlay District).
Bulkhead setback
Structures shall be set back a minimum of 10 ft. from the bulkhead in
each zoning district.
Height (6)
Maximum height of structures without discretionary approval. See
Section 20.30.060(C) (Increase in Height Limit) for possible increase
in height limit.
Flat roof
24 ft.
24 ft.
24 ft.
See Section
20.30.060(C)
Sloped roof; minimum 3/12
29 ft.
29 ft.
29 ft.
(Increase in Height
pitch
Limit)
Bluffs
See Section 20.28.040 (Bluff (B) Overlay District).
Fencing
See Section 20.30.040 (Fences, Hedges, Walls and Retaining
Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Parking
See Chapter 20.40 (Off- Street Parking).
suppLewt.ewtaL stR f f 1Zeport 12
Satellite Antennas
See Section 20.48.190 (Satellite Antennas and Amateur Radio
Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Residential Development
See Section 20.48.180.
Standards
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this
table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original
underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width
and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the
original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
(3) On a site of less than five thousand (5,000) square feet that existed prior to March 10, 1976, a two- family dwelling may
be constructed; provided, that there shall be not less than one thousand (1,000) square feet of land area for each dwelling
unit.
(4) 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 or 1.5 times the buildable area of the site in Corona del Mar; provided, that up to two hundred
(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.
(5) Interior and street side setback areas are not required to be wider than fifteen (15) feet; however, the side setback area
on the street side of a corner lot, where the abutting lot has a reversed frontage, shall not be less than the front setback area
required on the abutting reversed frontage.
(6) On the bluff side of Ocean Boulevard, the maximum height shall not exceed the elevation of the top of the curb abutting
the lot.
(7) Portions of legal lots that have a slope greater than two -to -one (2:1) or that are submerged lands or tidelands shall be
excluded from the land area of the lot for the purpose of determining the allowable number of units.
(8) The floor area of a subterranean basement is not included in the calculation of total gross floor area.
(9) The maximum gross floor area for a residential structure is determined by multiplying either 1.5 or 2.0 times the
buildable area of the lot.
(10) In the R -BI and R -2 Zoning Districts of Balboa Island, Balboa Peninsula. Corona del Mar, or West Newport: existing
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