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Home My WebLink About04 - Zoning Code Amendment to Modify the Standards and Process for Reviewing Building Additions to Nonconforming Structures for Second reading (PA2014-083)CTY OF F NEWPORT BEACH City Council Staff Report February 24, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt@newportbeachca.gov PREPARED BY: Gregg Ramirez, Senior Planner PHONE: (949) 644 -3219 TITLE: Zoning Code Amendment to Modify the Standards and Process for Reviewing Building Additions to Nonconforming Structures for Second reading (PA2014 -083) ABSTRACT: The second reading and adoption of Ordinance No. 2015 -3, approving Zoning Code Amendment No. CA2014 -004 modifying the standards and process for reviewing additions to nonconforming structures. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2015 -3, An Ordinance of the City Council of the City of Newport Beach Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code Revising the Amount of Floor Area Additions Allowed to Nonconforming Structures (PA2014 -083), approving Code Amendment No. CA2014 -004 (Staff Report Attachment No. CC1). FUNDING REQUIREMENTS: There are no funding requirements associated with this item. DISCUSSION: On February 10, 2015, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2015 -3 that approved Code Amendment No. CA2014 -004. The Ordinance revises the size of allowed additions to nonconforming residential structures by increasing the size of allowed additions when conforming garages are included in the addition and provides a discretionary process to allow larger additions in instances where the existing structure is small relative to the size of the lot. ENVIRONMENTAL REVIEW: This action is covered by the general rule that California Environmental Quality Act (CEQA) applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). HE NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment 1 - Ordinance M Attachment No. CC 1 Ordinance 4 -3 ORDINANCE NO. 2015 -3 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 (ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE REVISING THE AMOUNT OF FLOOR AREA ADDITIONS ALLOWED TO NONCONFORMING STRUCTURES (PA2014 -083) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On January 28, 2014, the City Council directed staff to review Zoning Code Section 20.38.040 (Nonconforming Structures) as it relates to smaller structures to ensure equitable development opportunities for property owners with nonconforming structures. 2. On December 4, 2014, the Planning Commission conducted a public hearing and voted (5 -0) to recommend to the City Council approval of Code Amendment No. CA2014 -004, revising the amount of floor area additions allowed to nonconforming structures. 3. A public hearing was held on February 10, 2015, in the City Hall Council Chambers, 100 Civic Center Drive, 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 City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that California Environmental Quality Act (CEQA) applies only to projects, which have potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA (CEQA Guidelines Section 15061(b)(3)). SECTION 3. FINDINGS. 1. The current Zoning Code provisions for additions to nonconforming structures hinder the equitable development of properties with existing smaller nonconforming structures when compared to properties containing larger nonconforming structures. 2. The revised regulations encourage the addition of required residential garage parking while allowing larger floor area additions than currently permitted subject to discretionary review. 3. The purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures) is maintained with the proposed changes. am City Council Ordinance No. 2015 -3 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Subsection 20.38.040(G) of the Newport Beach Municipal Code is hereby amended as follows with all other provisions of said section remaining unchanged: G. Additions. Nonconforming structures may be expanded and the existing nonconforming elements of the structure shall not be required to be brought into compliance with the development standards of this Zoning Code subject to the following limitations and the limitations provided in Section 20.38.060 (Nonconforming Parking). 1. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of the existing structure within any ten (10) year period. Expansion of residential structures may be permitted up to a maximum of seventy -five (75) percent with a modification permit approved by the Planning Commission in compliance with Section 20.52.050 (Modification Permits) and when the following additional findings can be made: a. The existing development is a legal nonconforming structure. b. The architectural design and materials of the existing nonconforming structure and proposed addition(s) are consistent with Section 20.48.180 (Residential Development Standards and Design Criteria). C. The existing nonconforming structure and the proposed addition(s) will be compatible with the existing and allowed pattern of development for the neighborhood. d. The level of nonconformity will not pose a health and safety threat for the property owner, will not be detrimental to the neighborhood, and is consistent with the purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures). e. Limiting an expansion of the gross floor area to 50 percent of the existing structure would be inequitable given the specific circumstances. Gross floor area shall include existing garages and garages added in compliance with subsection 5 below. 2. The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the zoning district; 3. The addition shall comply with all applicable development standards and use regulations of this Zoning Code; and am City Council Ordinance No. 2015 -3 Page 3 of 4 4. Additional parking shall be provided in compliance with Section 20.38.060 (Nonconforming Parking), below. 5. The square footage of the required residential parking area additions identified below shall be excluded from the allowed expansion under subsection 20.38.040(G)(1) above, but shall be included as gross floor area. Required' Parking`;, Maximum Excluded Areas One -car garage 200 square feet, maximum Two -car garage 400 square feet, maximum Three -car garage 600 square feet, maximum Section 2: The introductory paragraph to Subsection 20.52.050(B) of the Newport Beach Municipal Code is hereby amended as follows with all other provisions of said section remaining unchanged: Review Authority and Allowable Modifications. The Zoning Administrator or Planning Commission, as appropriate, shall approve, conditionally approve, or deny applications for modification permits applicable only to the following, subject to the findings identified in subsection (E) of this section (Required Findings): Section 3: Subsection 20.52.050(8)(3) (Modification Permits — Other modifications) of the Newport Beach Municipal Code is hereby amended as follows with all other provisions of said section remaining unchanged: 3. Other modifications. Except as otherwise provided, the following modifications are not limited in the amount of deviation from the standard being modified. a. Distances between structures located on the same lot; b. Landscaping standards in compliance with Chapter 20.36 (Landscaping Standards); C. Maximum allowed roof area for roof mounted equipment that exceeds the allowed height limits identified in Part 3 (Site Planning and Development Standards); d. Size or location of parking spaces, access to parking spaces, and landscaping within parking areas; e. Increase in allowed floor area of additions for uses that have nonconforming parking; f. Increase in allowed height, number, and area of signs; 4 -3 City Council Ordinance No. 2015 -3 Page 4 of 4 g. Increase in the allowed height of retaining walls; and h. Increase in allowed floor area of additions for nonconforming residential structures as identified in Section 20.38.040 (Nonconforming Structures). Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5: This action shall become final and effective thirty (30) days after the adoption of this Ordinance. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published pursuant to City Chart Section 414. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10`h day of February, 2015, and adopted on the 24`h day of February, 2015, by the following vote, to wit: AYES, COUNCIL MEMBE NOES, COUNCIL MEMB ABSENT, COUNCIL MEMBERS MAYOR Edward D. Selich ATTEST: Leilani I. Brown, City Clerk 4PPRO)LPDA - TO FORM, CITY AT /TORNEY'S OFFICE: Z 66 0 ^:cru f . 4i2rp, C& Attorney 4 -7