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Home My WebLink About04 - Zoning Code Amendments• - 4�6WPOR7. U M ( /papM� CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 330 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-32 —, FAX (949) 644-3250 Hearing Date: Agenda Item No.: Staff Person: COUNCIL AGENDA NO. t 101 . -Ig REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Amendments to the Zoning Code (Amendment 892) September 27, 1999 31 Patrick J. Alford 644 -3235 SUMMARY: An amendment to Title 20 of the Municipal Code to make several revisions the Zoning Code. These revisions relate to the definition of terms, terms and cross - references in the land use regulations schedules, establishing waterfront rear yard setbacks, regulations on bay and greenhouse windows, the parking of vehicles in required yards, signs in residential districts, and the authority of the Planning Director to approve off -sale alcoholic beverage outlets and massage establishments. ACTION: Conduct public hearing; introduce Ordinance 99 -_ and pass to second reading on October 25, 1999. Background The Planning Commission initiated the proposed amendment on August 19, 1999. On September 9, 1999, the Planning Commission voted unanimously to recommend approval of Amendment 892. Analysis The proposed amendment consists of ten (10) revisions to the Zoning Code. Most of the revisions are intended to correct minor oversights or to clarify existing regulations. However, Revisions #9 and #10 would transfer the authority to approve use permits for massage establishments and off -sale alcoholic beverage outlets selling beer and wine only from the Planning Commission to the Planning Director. The following provides a summary and explanation of each of the proposed revisions: 1. Summer : Changes "Garage and Yard Sales" to "Personal Property Sales" in the land use regulations schedules and adds cross - references to Section 20.60.120 (Personal Property Sales in Residential Districts). Reason: Due to a procedural error, the land use regulations schedules were not revised at the time of the original amendment. This revision will correct the error. Sections Revised: Sections 20.10.020, 20.41.050, 20.45.030, and 20.46.030. 2. Summary: Adds cross- references to Chapter 20.89 (Alcoholic Beverage Outlets') in land use regulations schedules. Reason: Due to a procedural error, the land use regulations schedules were not revised at the time of the original amendment. This revision will correct the error. Sections Revised: Sections 20.15.020, 20.20.020, 20.25.020, 20.41.070, 20.42.040, and 20.45.030. Summary: Establishes a minimum 10 -foot rear yard setback (unless otherwise indicated on the Districting Maps) for properties abutting the waterfront. Allows alternate waterfront rear yard setbacks to be established on the Districting Maps. Reason: The Zoning Code has always allowed alternate front yard setbacks to be established by the Districting Maps, but does not contain a similar provision for rear yard setbacks along the waterfront, even though such setbacks appear on the Districting Maps. For years, this discrepancy was resolved by interpreting waterfront lots as having two front yards, one on the street and one on the water. However, this interpretation creates conflicts with a number of definitions and regulations in the Zoning Code. This amendment will correct this problem. Sections Revised: Sections 20.10.030 (new Property Development Regulation (D and 20.60.030 (A -5). 4. Summary: Changes "Automobile Rentals" to "Vehicle/Equipment Sales and Rentals" in the Mariner's Mile land use regulations schedule. Reason: This land use regulation schedule still contains the land use classification from an earlier draft of the Zoning Code. This revision will correct the error. Sections Revised: Section 20.42.040. 5. Summary: Adds definitions for "Bay Window" and "Greenhouse Window" and clarifies that such windows must be cantilevered. Reason: Recently, a number building plans have been submitted that have tried to use the encroachments allowed for bay and greenhouse windows as a means to provide additional floor area. This revision is intended to resolve that problem. Sections Revised: Sections 20.03.030 and 20.60.030 (n. Amendment 892 Septembu 27. 1999 page 2 I 6. Summary: Revises a cross - reference in the nonconforming parking section (from Section 20.62.040 (D) to Section 20.62.040 (D -1 to D -3). Reason: Needed to more precisely cross - reference the section. Sections Revised: Section 20.62.060 (A -1 -a -2 & 3). 7. Summary: Clarifies that parking of motor vehicles, recreational vehicles, watercraft, and trailers is prohibited in front yards, except on driveways in front of garages. Also revises the definition of "recreational vehicle" to include camper shells and adds a new definition for "watercraft." Reason: These parking restrictions currently exist in the Zoning Code. However, a person reading this section would need to look up the definitions for front, side, and rear yards in order to know where on the lot parking is permitted. Therefore, Code Enforcement requested this section be revised to make these requirements clearer and more direct. Sections Revised: Sections 20.03.030 and 20.66.040 (B). 8. Summary: Adds the MFR District to the list of residential districts where real estate signs are permitted. Reason: Corrects an inadvertent omission. Sections Revised: Section 20.67.035 (A- 1 -a -1). 9. Summary: Transfers authority regarding use permits for massage establishments from Planning Commission to the Planning Director. Reason: Applications of this type are now routine, less controversial, planning issues. This revision would expedite the processing of such applications, saving the applicant time and allowing more efficient use of staff time and resources. Sections Revised: Sections 20.87.025, 20.87.025 (B), and 20.87.030. 10. Summary: Revises the Alcoholic Beverage Outlet Ordinance to allow the Planning Director to approve use permits for all off -sale establishments selling beer & wine only. Reason: Applications of this type are usually routine, less controversial, planning issues. This revision would expedite the processing of such applications, saving the applicant time and allowing more efficient use of staff time and resources. As always, the Planning Director has the option of referring the application to the Planning Commission for action if it is felt that the case presents issues that Amendment 892 September 27. 1999 Page 3 require a higher level of review. The Planning Commission and the City Council also retain the authority to call up any action by the Planning Director for review. Sections Revised: Section 20.89.040. Submitted by: SHARON Z. WOOD Assistant City Manager Attachments: 1. 2. 3. Prepared by: PATRICK J. ALFORD Senior Planner Draft ordinance. September 9, 1999 Planning Commission staff report. September 9, 1999 Planning Commission minutes. Amendment 892 September.- 27. 1999 Page 4 ORDINANCE 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE MUNICIPAL CODE RELATING TO THE DEFINITION OF TERMS, TERMS AND CROSS - REFERENCES IN THE LAND USE REGULATIONS SCHEDULES, ESTABLISHING WATERFRONT REAR YARD SETBACKS, REGULATIONS ON BAY AND GREENHOUSE WINDOWS, THE PARKING OF VEHICLES IN REQUIRED YARDS, SIGNS IN RESIDENTIAL DISTRICTS, AND THE AUTHORITY OF THE PLANNING DIRECTOR TO APPROVE OFF -SALE ALCOHOLIC BEVERAGE OUTLETS AND MASSAGE ESTABLISHMENTS. [PLANNING COMMISSION AMENDMENT 8921 WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the definition of terms, terms and cross - references in the land use regulations schedules, establishing waterfront rear yard setbacks, regulations on bay and greenhouse windows, the parking of vehicles in required yards, signs in residential districts, and the authority of the Planning Director to approve off -sale alcoholic beverage outlets and massage establishments are required; and WHEREAS, on September 9, 1999, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on September 27, 1999, the City Council of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Quality 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: I 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 September 27, 1999, and adopted on the 25th day of October, 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 Exhibit A Proposed Revisions to the Zoning Code Section 20.03.030 Bay Window: A window or series of windows that project outward from a wall of a building forming a bay or alcove in a room within. This definition includes bow, oriel and similar projecting windows (see also: Greenhouse Window). Greenhouse Window: A multi -sided window with glass roof panels projecting outward from a wall of a building (see also: Bay Window). Recreational Vehicle (RV): A vehicle towed or self - propelled and designed or used for recreational or sporting purposes. This term includes, but is not limited to, travel trailers, pick -up campers, camper shells, camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles. Watercraft. A type of recreational vehicle designed to be used for water- related activities, including but not limited to sail boats, powerboats, canoes, kayaks and other personal watercraft. Section 20.10.020 (Land Use Reggl tions Schedule) R -A R -1 R -1.5 R -2 MFR Additional Regulations COMMERCIAL FILMING, LIMITED P P P P P (K) PERSONAL PROPERTY SALES P P P P P (L) HELIPORTS, TEMPORARY L -5 - - -_ U5 (J) (L) See Section 20.60.120: Personal Property Sales in Residential Districts. (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. I I Section 0.15.020 (Land Use Regulations Schgdule) UP UP UP (I), (J), (P) -FULL SERVICE, LOW TURNOVER RSC APF RMC Additional -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U Regulations CLUBS AND LODGES UP UP UP (P) -YACHT CLUB UP UP UP (E), (F), (P) CULTURAL INSTITUTIONS UP UP UP (P) COMMERCIAL RECREATION AND ENTERTAINMENT UP UP UP (I), (P) /I6, 490MA10 : i�I i�[H HIV•. \]�1� ;�Ti�Uf_Ib` -FULL SERVICE, HIGH TURNOVER UP UP UP (I), (J), (P) -FULL SERVICE, LOW TURNOVER UP UP UP (I), (J), (P) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (I), (J), (P) - TAKE -OUT SERVICE UP UP UP (I), (J), (P) - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (I), (J), (P) - ACCESSORY P P P (I), (J), (P) -BARS AND COCKTAIL LOUNGES UP UP UP (I), (J), (P) FOOD AND BEVERAGE SALES P - -- — (P) - CONVENIENCE MARKETS P III P (P) - SERVICE STATIONS UP UP UP (K), (P) (P) See Chapter 20.89: Alcoholic Beverage Outlets. ii 0 _Section 20.20.020 (Land Use Regulations Schedule) M•I M -1 -A IBP Additional Regulations CLUBS AND LODGES L -3 L -3 - -- (J) S z COMMERCIAL RECREATION AND UP UP L-4 (F), (I) ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER - -- — UP (F), (G), (J) i -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (G), (J) - TAKE -OUT SERVICE UP UP UP (F), (G), (J) - TAKE-OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (G), (J) - ACCESSORY P P P (F), (G), (J) FOOD AND BEVERAGE SALES — L-4 L4 (J) - SERVICE STATIONS UP UP PD/U (J), (K) (J) See Chapter 20.89: Alcoholic Beverage Outlets. (K) See Chapter 20.80: Service Stations. Section 20.25.020 (Land Use Regulations Schedule) GEIF Additional Regulations CLUBS AND LODGES P (H) CULTURAL INSTITUTIONS EATING AND DRINKING ESTABLISHMENTS - ACCESSORY (H) See Chapter 20.89: Alcoholic Beverage Outlets. iii P (H) P (F), (H) h Commercial Additional Regulations CLUBS AND LODGES UP (K) CULTURAL INSTITUTIONS P (K) COMMERCIAL RECREATION AND ENTERTAINMENT UP (G), (K) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP (D), (G), (K) -FULL SERVICE, LOW TURNOVER UP (D), (G), (K) -FULL SERVICE, SMALL SCALE PD/U (D), (G), (K) - TAKE -OUT SERVICE UP (D), (G), (K) - TAKE -OUT SERVICE, LIMITED PD/U (D), (G), (K) - ACCESSORY P (D), (G), (K) -BARS AND COCKTAIL LOUNGES UP (D), (G), (K) FOOD AND BEVERAGE SALES P (K) - SERVICE STATIONS UP (F), (K) (K) See Chapter 20.89: Alcoholic Beverage Outlets. Section 20.41.050 (Land Use Regulations Schedule) Residential Additional Regulations TEMPORARY USES (A), (B), (C) PERSONAL PROPERTY SALES P (G) REAL ESTATE OFFICES, TEMPORARY L -2 (G) See Section 20.60.120: Personal Property Sales in Residential Districts. iv i, E f Section 20.42.040 (Land Use Regulations Schedule) RSC RMC Additional Regulations CLUBS AND LODGES UP - -- (Q) -YACHT CLUBS - -- UP (I), (J), (Q) CULTURAL INSTITUTIONS UP L -2 (Q) COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H), (Q) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP (E), (H), (Q) -FULL SERVICE, LOW TURNOVER UP UP (E), (H), (Q) -FULL SERVICE, SMALL SCALE PD/U PD/U (E), (H), (Q) - TAKE -OUT SERVICE UP UP (E), (H), (Q) - TAKE -OUT SERVICE, LIMITED PD/U PD/U (E), (H), (Q) - ACCESSORY P P (E), (H), (Q) -BARS AND COCKTAIL LOUNGES UP UP (E), (H), (Q) - SERVICE STATIONS UP - -- (G), (Q) (Q) See Chapter 20.89: Alcoholic Beverage Outlets. Section 20 42 040 (Land U e Regulations Schedule) RSC RMC Additional Regulations VEHICLEIEQUIPMENT SALES AND RENTALS UP — Section 20.43.04 (Land Use Regulation Schedule) SR RMC RSC Additional Regulations CLUBS AND LODGES UP UP UP (E), (M) CULTURAL INSTITUTIONS UP L -5 UP (M) COMMERCIAL RECREATION AND ENTERTAINMENT — UP UP (J) , (M) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP (F), (1). (M) -FULL SERVICE, LOW TURNOVER UP UP UP (F), (J) . (M) -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (J) , (M) - TAKE -OUT SERVICE UP UP UP (F), (J) , (M) - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), (J) , (M) - ACCESSORY P P P (F), (J) , (M) -BARS AND COCKTAIL LOUNGES UP UP UP (M) v FOOD AND BEVERAGE SALES (M) See Chapter 20.89: Alcoholic Beverage Outlets. Section 20.45.030 (Land Use Regulations Schedule) SR RMC RSC Additional Regulation — P (M) RSC RP R -2 MFR GEIF OS Additional Regulations _ CLUBS AND LODGES P L -3 L -3 L-3 L -4 -- (0) CULTURAL INSTITUTIONS - -- - -- — L-4 -- (0) COMMERCIAL RECREATION AND UP — - -- - -- L -6 (G), (0) ENTERTAINMENT EATING AND DRINKING STABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP - -- -FULL SERVICE, LOW TURNOVER UP - -- -FULL SERVICE, SMALL SCALE PD/U - -- - TAKE -OUT SERVICE UP - -- - TAKE -OUT SERVICE, LIMITED PD/U . -- - ACCESSORY P - -- -BARS AND COCKTAIL LOUNGES UP - -- FOOD AND BEVERAGE SALES P — (0) See Chapter 20.89: Alcoholic Beverage Outlets, — (G), (H), (1), (0) — --- --- --- (G), (H), (1), (0) — (G), (11), (1), (0) — — — (G), (H), (1), (0) — — (G), (H), (1), (0) — P — (G), (H), (1), (0) ... ... --- --- (G), (H), (1), (0) — — (0) Section 20.45.030 (Land Use Regulations Schedulel RSC RP R -2 MFR GEIF OS Additional Regulation _ FAIRS AND FESTIVALS P — — P P (K) PERSONAL PROPERTY SALES — P P P — — (0) OUTDOOR STORAGE, TEMPORARY P — — — (M) (0) See Section 20.60.120: Personal Property Sales in Residential Districts. A iv Section 20.46.030 (Land Use Regulations Schedule) RSC GEIF OS naatuami Regulations FAIRS AND FESTIVALS P P P PERSONAL PROPERTY SALES P - -- (I) HELIPORTS, TEMPORARY L-12 L -12 L-12 (1) See Section 20.60.120: Personal Property Sales in Residential Districts. Section 20.46.030 (Land Use Regulations Schedule) RSC GEIF OS Additional Regulations CLUBS AND LODGES UP - -- - -- (I) CULTURAL INSTITUTIONS UP COMMERCIAL RECREATION AND UP -- — (F), (1) ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP -- (F), (G), (1) -FULL SERVICE, LOW TURNOVER UP - -- - -- (F), (G). (1) -FULL SERVICE, SMALL SCALE PD/U - -- - -- (F) (G) (I) - TAKE -OUT SERVICE UP - -- - -- (F), (G), (I) - TAKE -OUT SERVICE, LIMITED PD/U — (F), (G), (I) - ACCESSORY P -- (g), (G), (1) -BARS AND COCKTAIL LOUNGES UP — (F), (G). (n FOOD AND BEVERAGE SALES P — (1) See Chapter 20.89: Alcoholic Beverage Outlets. vii 13 Exceptions: a. Fences, walls, uncovered accessory structures, and hedges shall not exceed a height of 3 feet above the natural grade in all required rear yard setback areas 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 in West Newport. b. Fences, walls, and hedges shall not exceed a height of 5 feet above the natural grade in all required front yard setback areas adjacent to North Bay Front and South Bay Front on Balboa Island and East Bay Front on Little Balboa Island (the upper 2 feet, 6 inches of which must be at least 40 percent open). Section 20.60.030 (.Il J. Bay Windows and Greenhouse Windows. Bay Windows and Greenhouse Windows shall be permitted to extend into required yards subject to the following restrictions: No more than 2 bay windows or greenhouse windows on a structure shall be permitted to project into any one setback; and 2. Bay windows and greenhouse windows shall not to exceed 8 feet in width or 10 feet in height within the projection; and 3. Bay windows and greenhouse windows shall be cantilevered and shall not extend to the ground; and 4. The interior surface of bay windows and greenhouse windows shall be elevated a minimum of 18 inches above the adjacent finished floor surface at the required building setback line; and 5. Bay windows and greenhouse windows shall be designed to preclude use as a door or entry; and viii 6. Projection into required yards shall be limited as follows: Required Yard Permitted Additional Setback Extension Regulations Front (4 feet to less than 16 in. 10 ft.): Front (10 ft. or more): 2 ft. Side: 2 ft. A minimum side setback yard of 2 feet must be maintained; limited to first floor only. Rear: 2 ft. Not permitted when the rear property line abuts an alley. Distance Between 2 ft. Detached Structures: Section 20.62.060 (A -1 -a -2 & 3) (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 -1 — D -3). (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 -1— D -3). Section 20,66,040M B. General Controls. The following parking controls shall apply to the parking or storage of motor vehicles, recreational vehicles, watercraft, and trailers in residential districts: 1. For each dwelling unit there shall be at least 1 covered parking space. 2. Tandem parking up to a maximum of 2 cars in depth shall be permitted. ix 3. Parking in Required Yards. a. Front Yards. Parking or storage in required front yards shall be prohibited, except on driveways in front of garages that set back a minimum of 19 feet from the front property line. b. Side Yards. Parking or storage in required side yards (behind the rear line of the required front yard) shall be permitted. c. Rear Yards. Parking or storage in required rear yards shall be permitted. d. Structural Encroachments. Structural encroachments in required yards shall only be permitted as provided in Section 20.60.030. 5. Covered parking spaces located on the front one -half of a lot shall have side walls and an operating garage door for access of automobiles. 6. R -1.5 District. Enclosed parking shall be enclosed on all sides by walls or doors. 7. Parking or storage on the roof of a building in any residential district is prohibited. 8. Parking or storage is prohibited on vacant lots. Sec i n 20.67.035 (A- 1 -a -11 (1) In the R -A, R -1, R•1.5, R -2, MFR and PRD Districts, as well as PC Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: 20.87.025 Massage Establishments As An Independent Use A massage establishment which operates as an independent use, shall be permitted in the M -1 -A District, RMC, RSC, and APF Districts, commercial areas of PC Districts and commercial areas of the SP-4 (Newport Shores Specific Plan), SP -5 (Mariner's Mile x 16 I Specific Plan), and SP -9 (Old Newport Boulevard Specific Plan) Districts, subject to the securing of a use permit approved by the Planning Director in each case, and provided further that such establishment conforms to the following: emmWoumomial B. Waiver of Location Restrictions. Any property owner or his authorized agent may apply for a waiver of the location restrictions contained in this section. The Planning Director, after a public hearing, may waive any location restriction, if all the following findings are made: Section 20.87.030 20.87.030 Amortization Any massage establishment as defined in this chapter which was lawfully in existence as of the effective date of this chapter (March 25, 1992) which does not comply in whole or in part with the provisions of this chapter, shall be terminated or otherwise be brought into full compliance within 1 year of the effective date of this chapter (March 25, 1992). For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the Planning Director, upon a showing by the applicant that such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any along term investment in the massage establishment. Any request for an extension of the 1 year amortization period must be made in writing by the owner of the massage establishment to the Planning Director not later than 60 days prior to the end of the 1 year period provided for in this section. The Planning Director may grant an extension of up to 1 additional year if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant: xi 20.89.040 Authority The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits for alcoholic beverage outlets. Exception. The Planning Director shall have the authority to render decisions on use permits for food and beverage sales establishments totaling more than 10,000 square feet with no more than 10 percent of the gross floor area devoted to alcohol sales and display and for any other off -sale establishment that is applying for or has obtained an ABC license that is limited to the sale of beer and wine only. Xii / I/ CITY OF NEWPORT BEACH �e1EW�R�. COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT V S 33o NEWPORT BOULEVARD c�Gvoa�'�r NEWPORT BEACH, CA 9260 1 (949) 644 -5%� FAX (949) 644-325P } Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE PLANNING COMMISSION SUBJECT: Amendments to the Zoning Code September 9, Patrick J. A 1 (949) 644 -1 SUMMARY: An amendment to Title 20 of the Municipal Code to make several revisions the Zoning Code. These revisions relate to the definition of terms, terms and cross - references in the land use regulations schedules, establishing waterfront rear yard setbacks, regulations on bay and greenhouse windows, the parking of vehicles in required yards, signs in residential districts, and the authority of the Planning Director to approve off -sale alcoholic beverage outlets and massage establishments. ACTION: Conduct public hearing, adopt Resolution No. recommending approval or modification of Amendment 892 to the City Council or disapprove Amendment 892. Background The Planning Commission initiated the proposed amendment on August 19, 1999. Analysis The proposed amendment consists of ten (10) revisions to the Zoning Code text. These revisions are generally in response to specific planning- related issues that have arisen over the past year. In most cases, the revisions are intended to correct minor oversights and do not effect existing regulations. However, some revisions represent changes in regulations or procedures. For example, Revision #9 and #10 involve the transfer of authority regarding use permits for the massage establishments and off -sale alcoholic beverage outlets selling beer and wine only from Planning Commission to the Planning Director. Staff has made a few revisions since the Planning Commission initiated the amendment. Revision #10 has been modified to limit the Planning Director's authority to off -sale alcoholic beverage outlets (grocery stores, convenience stores, liquor stores, etc). Originally, this revision would have granted the Planning Director to approve all use permits for all alcoholic beverage outlets selling beer and wine only. however, the Planning Commission expressed an interest in retaining the authority over the on -sale establishments (restaurants, brew pubs, bats, etc.). Also, the revision to allow garages to project ten (10) inches into side yards (Revision #5 of the August 19, 1999 staff report) has been removed. The Planning Department is working with the Fire /( Department to insure that adequate access for emergency personnel is provided. Staff anticipates that this revision will return at a later date as a separate amendment. The following provides a summary of the proposed revisions: Summary: Changes "Garage and Yard Sales" to "Personal Property Sales" in the land use regulations schedules and adds cross - references to Section 20.60.120 (Personal Property Sales in Residential Districts). Reason: Due to a procedural error, the land use regulations schedules were not revised at the time of the original amendment. This revision will correct the error. Sections Revised: Sections 20.10.020, 20.41.050, 20.45.030, and 20.46.030. 2. Summary: Adds cross - references to Chapter 20.89 (Alcoholic Beverage Outlets) in land use regulations schedules. Reason: Due to a procedural error, the land use regulations schedules were not revised at the time of the original amendment. This revision will correct the error, Sections Revised: Sections 20.15.020, 20.20.020, 20.25.020, 20.41.x70, 20.42.040, and 20.45.030. 3. Summary: Establishes a minimum 10 -foot rear yard setback (unless otherwise indicated on the Districting Maps) for properties abutting the waterfront. Allows alternate waterfront rear yard setbacks to be established on the Districting Maps. Reason: The Zoning Code has always allowed alternate front yard setbacks to be established by the Districting Maps, but does not contain a similar provision for rear yard setbacks along the waterfront, even though such setbacks appear on the Districting Maps. For years, this discrepancy was resolved by interpreting waterfront lots as having two front yards, one on the street and one on the water. However, this interpretation creates conflicts with a number of definitions and regulations in the Zoning Code. This amendment will correct this problem. Sections Revised: Sections 20.10.030 (new Property Development Regulation Q) and 20.60.030 (A -5). 4. Summary: Changes "Automobile Rentals" to "Vehicle/Equipment Sales and Rentals" in the Mariner's Mile land use regulations schedule. Reason: This land use regulation schedule still contains the land use classification from an earlier draft of the Zoning Code. This revision will correct the error. Sections Revised: Section 20.42.040. Am tdnvnt 892 September 9. 1999 Page 2 h 5. Summary: Adds definitions for `Bay Window" and "Greenhouse Window" and clarifies that such windows must be cantilevered. Reason: Recently, a number building plans have been submitted that have tried to use the encroachments allowed bay and greenhouse windows as a means to provide additional floor area. This revision is intended to resolve that problem. Sections Revised: Sections 20.03.030 and 20.60.030 (J). 6. Summary: Revises a cross - reference in the nonconforming parking section (from Section 20.62.040 (D) to Section 20.62.040 (D -1 to D-3). Reason: Needed to more precisely cross - reference the section. Sections Revised: Section 20.62.060 (A -1 -a -2 & 3). Summary: Clarifies that parking of motor vehicles, recreational vehicles, watercraft, and trailers is prohibited in front yards, except on driveways in front of garages. Also revises the definition of `recreational vehicle" to include camper shells and adds a new definition for "watercraft." Reason: These parking restrictions currently exist in the Zoning Code. However, a person reading this section would need to look up the definitions for front, side, and rear yards in order to know where on the lot parking is permitted. Therefore, Code Enforcement requested this section be revised to make these requirements clearer and more direct. Sections Revised: Sections 20.03.030 and 20.66.040 (B). 8. Summary: Adds the MFR District to the list of residential districts where real estate signs are permitted. Reason: Corrects an inadvertent omission. Sections Revised: Section 20.67.035 (A- 1 -a -1). 9. Summary: Transfers authority regarding use permits for massage establishments from Planning Commission to the'Planning Director. Reason: Applications of this type are now routine, less controversial, planning issues. This revision would expedite the processing of such applications, saving the applicant time and allowing more efficient use of staff time and resources. Sections Revised: Sections 20.87.025, 20.87.025 (B), and 20.87.030. I Anmdtttent 592 September 9.1999 pw3 / 10. Summary: Revises the Alcoholic Beverage Outlet Ordinance to allow the Planning Director to approve use permits for all off -sale establishments selling beer & wine only. I . Reason: Applications of this type are usually routine, less controversial, planning issues. This revision would expedite the processing of such applications, saving the applicant time and allowing more efficient use of staff time and resources. As always, the Planning Director has the option of referring the application to the Planning Commission for action if it is felt that the case presents issues that require a higher level of review. The Planning Commission also retains the authority to call up any action by the Planning Director for review. Sections Revised: Section 20.89.040. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner .. . �. AMP Attachments: L Proposed Revisions. 2. Draft resolution. Amend=u 992 September 9. 1999 Page 4 City of Newport Beach Planning Commission Minutes September 9, 1999 Between the hours of Between the hours of II 7:00 o.m, and 10:00 p.m. 10:00 p.m. and 7:00 o.m. interior exterior interior exterior Meosured of the property nine of commerciolly zoned property: N/A Meosured of the property fine of residentially zoned property: N/A Residential 65 dBA N/A 60 dBA 60 dBA N/A 50 dBA 55 dBA 40 dBA 50 dBA 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 11. The Planning Commission may add to, or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit, upon a determination that the operation which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 12. This Use Permit shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050A of the Newport Beach Municipal Code. r=r3 SUBJECT' Amendments to the Zoning Code An amendment to Title 20 of the Municipal Code to make several revisions to the Zoning Code. These revisions relate to the definition of terms, terms and cross - references in the land use regulations schedules, establishing waterfront rear yard setbacks, regulations on bay and greenhouse windows, the extension of garages into required yards, the parking of vehicles in required yards, signs in residential districts, and the authority of the Planning Director to approve alcoholic beverage outlets and massage establishments. Public comment was opened and closed. Motion was made by Commissioner Gifford to adopt Resolution 1504 32 DRAFT INDEX Item No. 5 Amendments to Zoning Code Recommended for Initiation v�J City of Newport Beach Planning Commission Minutes September 9, 1999 approval of Amendment 892 to the City Ayes: Fuller, Tucker, Ashley, Selich, Gifford, Kranzley, Hoglund Noes: None Absent: None Abstain: None See Exhibit A that is attached to the minutes and incorporated as part of this document. ww• SUBJECT: Story Pole Procedures Review of proposed procedures requiring the erection of story poles as a part of development applications. Senior Planner Patrick Alford noted that by leaving off the question of whether story poles are required until the public hearing, it could somehow stifle the process. Staff suggests considering instructing staff to bring items that have potential for story poles as a discussion item, there the decision could be made and then the story poles could be up before the public hearing is actually heard. Commissioner Tucker noted the reason for not requiring the erection of story poles for all variances. He explained that in many instances it is not necessary to ask the applicant to spend good money on story poles where the Planning Commission is comfortable with viewing the plans and reaching their decision whether to grant a variance or not. The requirement ought to be something that the Planning Commission imposes on an applicant, because it does take time, money and effort. It will not be necessary in every instance, as some variances may not be contentious. Commissioner Kranzley noted that story poles are another sign that something is going on. It helps to alert the public that a structure is being altered that has to do with height and /or mass. A variance is something special and we need to be more proactive on having the public know what is going on. Mrs. Wood stated that if the concern is notice as opposed to helping neighbors understand what the situation is, I know that one Councilmember is going to propose very shortly that we change our requirements for public noticing. Commissioner Kronzley noted that we actually understand the impacts of wt understand the notices as theyore now. FI i need to word them so that people at is going on. You can't read and 33 INDEX Item No. 6 Story Pole Procedures Approved Wj Exhibit A Proposed Revisions to the Zoning Code Section 20.03.030 Recreational Vehicle (RV): A vehicle towed or self - propelled and designed or used for recreational or sporting purposes. This term includes, but is not limited to, travel trailers, pick -up campers, cacngac'Shellsa camping trailers, motor coach homes, converted trucks or buses, boats and boat trailers, and all terrain vehicles. Section 20.10.020 (Land Use Regulations Schedule) 1 R -A R -1 R-1.5 R -2 MFR Additional Regulations COMMERCIAL FILMING, LIMITED P P P P P (K) GARAGE AND YARD QAI as q PERSON' ' I?ROP�R'CY P P P P P ° ¢� SHINS HELIPORTS, TEMPORARY L -5 — -- — L -5 (J) I) e ° ectlonCl: :120: erson opety'SalesnResldentialDisn �MMITIWAL1111 I t' r 1 y 1 M I i a5 Section 20,15.020 (Land Use Regulations Schedulel RSC APF RMC Additional Regulations CLUBS AND LODGES U UP U UP U UP L LPj -YACHT CLUB U UP U UP U UP ( (E), (F)71 (P) ii X Section 20.20.020 (band Use Regulations Schedule) M -I M -I -A IBP Additional Regulations CLUBS AND LODGES L -3 L -3 -- (J) COMMERCIAL RECREATION AND UP UP L-4 (F),;(Jj ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS PD/U -FULL SERVICE, HIGH TURNOVER - -- -FULL SERVICE, SMALL SCALE PD/U - TAKE -OUT SERVICE UP - TAKE -OUT SERVICE, LIMITED PD/U - ACCESSORY P FOOD AND BEVERAGE SALES - -- - SERVICE STATIONS Section 20.25.020 (Land Use Regulation Schedule) UP UP (F), (G).'(W PD/U PD/U (F), (G) ' (J) UP UP (F), (G); '(J). PD/U PD/U (F), (G).(. P P (F), L-4 L-4 (J) UP PD/U (A (K) GEIF Additional Regulations CLUBS AND LODGES P CULTURAL INSTITUTIONS P EATING AND DRINKING ESTABLISHMENTS - ACCESSORY (H) See Cha 8 ,Alco olicB ecaee 0ut1: iii I R0 a� Section 20,41.070 (Land Use Reeulations Sched_uLel Commercial Additional CLUBS AND LODGES UP (jC CULTURAL INSTITUTIONS P . COMMERCIAL RECREATION AND ENTERTAINMENT UP (G) ',W EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP (I)) (G)'p,,M) -FULL SERVICE, LOW TURNOVER UP (D (G)';„�(K) -FULL SERVICE, SMALL SCALE PD/U (DR; G 164 - TAKE -OUT SERVICE UP (5_, K} - TAKE -OUT SERVICE, LIMITED PDIU (D) (G) - ACCESSORY P -BARS AND COCKTAIL LOUNGES UP (D) G FOOD AND BEVERAGE SALES P (K) - SERVICE STATIONS UP (F), Kaye Ch Ater 20 89 AlcoholicwBeve ge 0utle Section 20.41.050 (Land Use Regulations Schedule) Residential Additional Regulations TEMPORARY USES (A), (B), (C) GARAGE,011) YARD SALES PRSONAI pROPERI'Sq P 'col REAL ESTATE OFFICES, TEMPORARY L -2 G ee 'ectton2060:120:, .etsonal_per�t � ales- Rest. en stncts: iv � p I , Section 20.42.040 (Land Use Regulations Schedule RSC RMC Additional Regulations CLUBS AND LODGES UP - -YACHT CLUBS - UP (n, (J) CULTURAL INSTITUTIONS UP L -2 nNn REi�- s COMMERCIAL RECREATION AND ENTERTAINMENT UP UP (H) (Q) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP_. ; (Iii,; ( Q) -FULL SERVICE, LOW TURNOVER UP UP ' Er(H -3 0' -FULL SERVICE, SMALL SCALE PD/U PD/U (E) - TAKE -OUT SERVICE UP UP (E) - TAKE -OUT SERVICE, LIMITED PD/U PD/U (E ) CH -7 - ACCESSORY P P ZHjc( j -BARS AND COCKTAIL LOUNGES UP UP - SERVICE STATIONS UP - -- (G);,(Q�. (Q) See Chapter 20 89:'•AlcohoLc:Beverage�0atlets. Section 20.42.040 (Land Use Regulations Schedule) RSC RMC Additional Regulations UEHICLE/EQUIPMEN Sw�" S UP - -- nNn REi�- s Section 20.43.040 (Land Use Regulations Schedule) SR RMC RSC Additional Regulations CLUBS AND LODGES UP UP UP (E) CULTURAL INSTITUTIONS UP L -5 UP EO COMMERCIAL RECREATION AND ENTERTAINMENT - UP UP (I) EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP UP UP (F). (JOW -FULL SERVICE, LOW TURNOVER UP UP UP (F), mm -FULL SERVICE, SMALL SCALE PD/U PD/U PD/U (F), (J)rjR - TAKE -OUT SERVICE UP UP UP (F), (I), ME - TAKE -OUT SERVICE, LIMITED PD/U PD/U PD/U (F), MYR - ACCESSORY P P P (F), (J)M v ;�9 SR RMC RSC Additional Regulations -BARS AND COCKTAIL LOUNGES UP UP UP FOOD AND BEVERAGE SALES -- P Mi ection 20 45 030 (Land Use Regulations Schedifle-) Section 20.45.030 (Land Use Regulations Schedule2 RSC RP R -2 MFR GEIF OS Additional Regulations FAIRS AND FESTIVALS P -- — P P (K) - PinRS - -- P P P — — PROPER OUTDOOR STORAGE, TEMPORARY P - -- — - -- — -- (M) Vi �� RSC RP R -2 MFR GEIIF OS Additional Regulations CLUBS AND LODGES P L -3 L -3 L -3 L-4 - -- (O CULTURAL INSTITUTIONS - -- -- L-4 (O COMMERCIAL RECREATION AND UP - -- - -- - -- - -- L -6 (G)r' O) ENTERTAINMENT EATING AND DRINKING STABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP - -- -FULL SERVICE, LOW TURNOVER UP — - -- - -- - -- -FULL SERVICE, SMALL SCALE PD/U - -- -- (G)H; (IjSOj - TAKE -OUT SERVICE UP — -- -- ,CM Q (O - TAKE -OUT SERVICE, LIMITED PD/U - -- - -- - ACCESSORY P -- -- -- P - -- -BARS AND COCKTAIL LOUNGES UP — - -- - -- - -- - -- :�), jlb"vo-j0� FOOD AND BEVERAGE SALES P — -- -- 00 Section 20.45.030 (Land Use Regulations Schedule2 RSC RP R -2 MFR GEIF OS Additional Regulations FAIRS AND FESTIVALS P -- — P P (K) - PinRS - -- P P P — — PROPER OUTDOOR STORAGE, TEMPORARY P - -- — - -- — -- (M) Vi �� n > Section 20.46.030 (Land Use Regulations Schedule RSC GEIF OS Additional Regulations FAIRS AND FESTIVALS P P P PERS� ONAL P�MR_Ts � P — 6 Em HELIPORTS, TEMPORARY L -12 L -12 L -12 Section 20.46.030 (Land Use Regulations Schedule) RSC GEIF OS Additional Regulations CLUBS AND LODGES UP — — (I) CULTURAL INSTITUTIONS UP -- COMMERCIAL RECREATION AND UP - -- - -- (� ENTERTAINMENT EATING AND DRINKING ESTABLISHMENTS -FULL SERVICE, HIGH TURNOVER UP - -- - -- (F), (G)m -FULL SERVICE, LOW TURNOVER UP — (F) (G y -FULL SERVICE, SMALL SCALE PD/U — — (F) (G�. - TAKE -OUT SERVICE UP — (F) (G).j - TAKE -OUT SERVICE, LIMITED PD/U - -- - -- (F), (G)u. - ACCESSORY P -- (F), (C,) -BARS AND COCKTAIL LOUNGES UP — — (F), (GO FOOD AND BEVERAGE SALES P — -- vii h / Section 20.60.030 Exceptions: a. Fences, walls, uncovered accessory structures, and hedges shall not exceed a height of 3 feet above the natural grades in all required ftem rear, yard setback areas adjaeent to abutttng gr' d�acenf to,tlie the channels in West Newport or the bay on the Bahea Peninsula b. Fences, walls, and hedges shall not exceed a height of 5 feet above the natural grade in all required front yard setback areas adjacent to North Bay Front and South a Bay Front on Balboa Island and East i, -..a.. ,,� Bay Front little - BAbio Ilsland (the upper 2 feet, 6 inches of which must be at least 40 percent open). Section 20.60.039M 1. 2. 93 4. 5. viii ,�a J 6. MJ lQl utied; , arils <shall be; invite as ollow Ra 1)istanc 'Between be6ed,Strucm[es w e �n �o MARI S-!4}s!*f�i�T_TI SRS] CT7ZTl STeT .T.1SM- F_i1�itR!�7�!�S!E751'i 3. The epenifig is limited by design ffefa being used es a deer -ff ..__..i. leeated first flooF ma"' g windows, wt ;y 1 ee 'AVe' e' ]anted• us ' onI o tf Ito tted it <. at .., cearmprp lihe.abu r PO;'yl 2 a S-!4}s!*f�i�T_TI SRS] CT7ZTl STeT .T.1SM- F_i1�itR!�7�!�S!E751'i 3. The epenifig is limited by design ffefa being used es a deer -ff ..__..i. leeated first flooF windows, eft the of a be least 2 feet ffefn line. at my side pfepeAy a projeetiens exteadingbeyeadthe wall ef building whiek satisfy all of the fellemcing, S-!4}s!*f�i�T_TI SRS] CT7ZTl STeT .T.1SM- F_i1�itR!�7�!�S!E751'i 3. The epenifig is limited by design ffefa being used es a deer -ff ..__..i. ix leeated first flooF windows, eft the of a be least 2 feet ffefn line. at my side pfepeAy ix _ .......... _ Section 20.62.060 (A -1 -a -2 & 3) Section 20.66.040 Bl 11.1 (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). (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- -D3). controls shall residential districts: 1. For each dwelling unit there shall be at least 1 covered parking space. 2. Tandem parking up to a maximum of 2 cars in depth shall be permitted. 1. Par a¢nn eqa �s " a. Finn Parkin s in front yards shall be pez�itte� ro bt on driveways in front of garages that set back at least : 19 feet from the front property line; shall not be peEmAtted x J1 b Side' Yards' Parking o forage in req�ture side yards elu a ai�Y� ttie�reaz�Iine „of�the_'required` ront and shall be permitted-, . C. 1:11 5. Covered parking spaces located on the front one -half of a lot shall have side walls and an operating garage door for access of automobiles. 6. R -1.5 District. Enclosed parking shall be enclosed on all sides by walls or doors. 7. Parking §_r Af Autemehrless on the roof of a building in any residential district is met allowed' ip olubited. 8. Parking or storage ,.o.- .,:,e... r-Amppeg bA ,- _......_,.....,e- of vehieles 'is piohilii ed on vacant lots. Section 20.67.035 fA- 1 -a -11 (1) In the R -A, R -1, R -1.5, R -2, MF and PRD Districts, as well as PC Districts which provide for residential uses and contain no specific provisions relative to temporary signs, temporary real estate signs are permitted subject to the following: 20.87.025 Massage Establishments As An Independent Use A massage establishment which operates as an independent use, shall be permitted in the 0, ^ ', ^ 2 "i^•fi°• -, M -1 -A District, RMC, RSC, and APF Districts, commercial areas of PC Districts and commercial areas of the SP-4 (Newport Shores Specific Plan); end SP -5 (Mariner's Mile Specific Plan) (O d _ o e, ME 18n Districts, subject to the securing of a use permit agpmyed mob oc in each case, and provided further that such establishment conforms to the following: xi 2%5 Section 20.87.025(B) B. Waiver of Location Restrictions. Any property owner or his authorized agent may apply for a waiver of the location restrictions contained in this section. The Planning Eettissiefrburctoe, after a public hearing, may waive any location restriction, if all the following findings are made: Section 20.87.030 20.87.030 Amortization Any massage establishment as defined in this chapter which was lawfully in existence as of the effective date of this chapter (March 25, 1992) which does not comply in whole or in part with the provisions of this chapter, shall be terminated or otherwise be brought into full compliance within 1 year of the effective date of this chapter (March 25, 1992). For those establishments which cannot be brought into compliance with these provisions because they are not in an approved district, the use may be extended for only one additional period of time, to be established by the Planning Ceaunis4ea- pitector, upon a showing by the applicant that such extension is reasonably necessary to permit the owner of the massage establishment to amortize or otherwise recover any along term investment in the massage establishment. Any request for an extension of the 1 year amortization period must be made in writing by the owner of the massage establishment to the Planning Eexraissiee -Duel by filing request with the seeretar-y of the D,..... ing n,....alis : not later than 60 days prior to the end of the 1 year period provided for in this section. The Planning Ge :f g- : D' may grant an extension of up to 1 additional year if the business is otherwise in compliance with all other applicable provisions of law, and upon a showing by the applicant: Section 20.89.040 20.89.040 Authority The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits for alcoholic beverage outlets. Exception. The Planning Director shall have the authority to render decisions on use permits for food and beverage sales establishments totaling more than 10,000 square feet with no more than 10 percent of the gross floor area devoted to alcohol xii 36 sales and Xill ,�I