HomeMy WebLinkAbout17 - Minor Amendments to Newport Beach Zoning Code (PA2015-056)CTY OF
F
NEWPORT BEACH
City Council Staff Report
May 26, 2015
Agenda Item No. 17
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: Patrick Alford, Planning Program Manager
PHONE: (949) 644 -3235
TITLE: Minor Amendments to Newport Beach Zoning Code (PA2015 -056)
ABSTRACT:
The application consists of minor amendments to correct unintended changes to zoning regulations that
were created with the comprehensive update in 2010.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find that the adoption of Code Amendment No. CA2014 -005 is categorically exempt under Section
15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in
Land Use Limitations); Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378); and under CEQA Regulation Section 15061(b)(3) because the amendment has no
potential for causing a significant effect on the environment; and
c) Introduce Ordinance No. 2015 -15, An Ordinance of the City Council of the City of Newport Beach,
California, Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to
Correct Unintended Changes to Zoning Regulations that were Created with the Comprehensive Update in
2010 (PA2015 -056), approving Code Amendment No. CA2015 -005 (Staff Report Attachment No. CC 1),
and pass to second reading on June 9, 2015.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
DISCUSSION:
Background
The Zoning Code (Title 20 of the Newport Beach Municipal Code) was comprehensively updated in 2010 to
17 -1
implement the policies of the 2006 General Plan. Staff has discovered several unintended changes
to regulations that were incorporated into the Zoning Code when it was comprehensively updated in 2010.
These unintended changes need to be corrected in order to appropriately implement the policies of the
General Plan and maintain internal consistency within the Zoning Code.
On March 11, 2014, the City Council initiated the Code Amendment, and on April 23, 2015, the Planning
Commission held a public hearing on the proposed amendments. The Commission's recommendations
are discussed further below.
Analysis
The three areas to be modified are located within Zoning Code Chapters 20.20, 20.30, and 20.40. The
first modification will permit Vehicle /Equipment Sales in the Commercial General (CG) Zoning District.
The second modification will clarify allowable various building /structure encroachments in building setback
areas, and the third modification will correct parking requirements for outdoor dining areas and single -unit
dwellings. Each of the proposed revisions is discussed further below, and the amended zoning text is
shown in a redline /strikeout format in Attachment No. CC 2.
1. CG District Vehicle /Equipment Sales (Item 1 of Attachment No. CC 2)
The "vehicle /equipment sales" land use category includes the sale of automobiles, construction equipment,
motorcycles, recreational vehicles, trucks, and similar vehicles and equipment. This land use category was
inadvertently omitted as a permitted use in the Commercial General (CG) Zoning District. As most of the
City's automobile dealerships are located in the CG Zoning District, existing dealerships were inadvertently
made legal nonconforming land uses.
The CG Zoning District is intended to provide for areas appropriate for a wide variety of commercial
activities oriented primarily to serve citywide or regional needs. Vehicle /equipment sales were allowed
within the predecessor zoning district to the CG Zoning District. Furthermore, the "vehicle /equipment rental"
land use category is a permitted use in the CG Zoning District. Therefore, vehicle /equipment sales are an
appropriate land use for the CG Zoning District.
The proposed amendment would establish land use regulations for vehicle /equipment sales that mirror
those for vehicle /equipment rentals in the CG District. "General" vehicle /equipment sales, which may
include the sale, installation, and servicing of related equipment and parts would require a conditional use
permit. "Limited" vehicle /equipment sales, which may include minor maintenance and incidental rental,
would be permitted by right, provided that the use does not include maintenance and /or repair requiring
pneumatic lifts, "Office only" vehicle /equipment sales would continue to be permitted by right.
2a. Encroachments into Alley Setbacks (Items 2 and 3 of Attachment No. CC 2)
Ground -level building and /or structure encroachments in both the rear and side yard setbacks abutting an
alley are prohibited. However, the correct intent is to prohibit the ground -level encroachments only in the
rear yard area in order to maintain adequate clearance for vehicular maneuvering in the alley. Therefore, a
restriction of the Zoning Code should be amended to clarify that ground -level building /structure
encroachments are only prohibited within the required rear setback area of a lot abutting an alley.
2b. Architectural Projections into Setbacks (Items 4, 5, and 6 of Attachment No. CC 2)
The Zoning Code allows certain structural features to project into required setback areas, such as roof
overhangs, brackets, cornices, and eaves; awnings and canopies; and fireplaces and chimneys. The
previous Zoning Code allowed such architectural features to come up to twenty -four (24) inches of a side
property line. The Code update increased the setback to be to no closer than thirty (30) inches to a side
property line; however, this was based on an anticipated change to the Building Code that later proved to
be erroneous. Therefore, this requirement can be reduced back to twenty -four (24) inches.
17 -2
2c. Subterranean Structural Supports (Item 7 of Attachment No. CC 2)
Subterranean structural supports, such as foundations, basement walls, and caissons are permitted to
encroach into a required setback area up to twelve (12) inches, provided they are located at least twenty -
four (24) inches from any property line.
The setback areas required by the Zoning Code are for the proposes of establishing 'open areas around
structures for: visibility and traffic safety; access to and around structures; access to natural light and
ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection
of natural resources; and safety from fire and geologic hazards." These purposes are not applicable to
subterranean structural supports, such as foundations and caissons, which are more appropriately
regulated by the Building Code in terms of light, ventilation, fire rating, and ingress and egress. Therefore,
this encroachment limitation can be deleted for foundations and caissons.
The twelve (12)- inch setback encroachment limitation for basement walls would remain. It is important to
note that the City has not allowed habitable floor area that is located below grade to encroach into required
setbacks without the approval of a modification permit or variance.
3a. Off - Street Parking for Food Service Uses (Item 8 of Attachment No. CC 2)
The off - street parking requirement for "food service" land uses incorrectly excludes a portion of the outdoor
dining area. Based on the previous Code, the correct standard should exclude a portion of the outdoor area
based on the amount interior net public area. "Net public area" is the area used to serve customers,
including of customer sales and display areas, customer seating areas, service counters, and service
queue and waiting areas.
In 1995, the Zoning Code was amended to enhance and encourage opportunities for outdoor dining at
restaurants. As an incentive, off - street parking was not required for outdoor dining areas up to twenty -five
(25) percent of the interior net public area, or one thousand (1,000) square feet, whichever is less. This
amendment would restore that incentive.
3b. Single -Unit Dwellings Off - street Parking (Item 8 of Attachment No. CC 2)
The off - street parking requirement for "single -unit dwellings' with less than four thousand (4,000) square
feet of floor area is based on "habitable floor area" (i.e., areas for sleeping, living, cooking, or dining
purposes), while the off - street parking requirement for all other dwelling unit types is based on "gross floor
area." This inconsistencv should be corrected to 'cross floor area" for every tvoe of dwellino unit.
Plannina Commission Recommendation
On April 23, 2015, the Planning Commission conducted a public hearing on the proposed amendments.
The Commission voted (5 -0) to recommend approval of the amendment (see Attachments No. CC 3 and
No. CC 4).
Alternatives
The City Council has the option to:
1. Modify the language of any of the proposed changes, and then introduce the draft ordinance, as
modified, and pass to second reading on June 9, 2015, approving Code Amendment No. CA2015 -005.
However if Council proposes to adopt a substantial change to the amendment not previously considered by
the Commission, the proposed change shall be first referred to the Commission for its recommendation; or
2. Deny the proposed amendment
17 -3
ENVIRONMENTAL REVIEW:
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 proposed amendment would not result in
any changes in land use or density. Allowing "vehicle /equipment sales" with the approval of a conditional
use permit in the CG Zoning District does not constitute a change in land use or density because the CG
Zoning District currently allows "vehicle /equipment rentals" and "vehicle /equipment repair" with the approval
of a conditional use permit; therefore, the characteristics of, and activities associated with,
"vehicle /equipment sales" are equivalent to those of "vehicle /equipment rentals" and "vehicle /equipment
repair," and would not involve a greater level of activity, population density, intensity, traffic generation,
parking, dust, odor, noise, or similar impacts.
Additionally, the code amendment is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060
(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. Lastly, this ordinance is not a project under CEQA Regulation Section
15061(b)(3) because it has no potential for causing a significant effect on the environment.
NOTICING:
Notice of this application was published in the Daily Pilot at least 10 days before the scheduled meeting,
consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this
meeting, which was posted at City Hall and on the City website.
ATTACHMENTS:
Description
Attachment CC 1 - Draft Ordinance
Attachment CC 2 - Code Amendment No. CA2015 -005
Attachment CC 3 - April 23, 2015 Planning Commission Staff Report
Attachment CC 4 - April 23, 2015 Draft Planning Commission Minutes
17 -4
r_1ir_xy:IiTllaki riK•s
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING AN
AMENDMENT TO TITLE 20 (ZONING CODE) OF THE NEWPORT
BEACH MUNICIPAL CODE TO CORRECT UNINTENDED
CHANGES TO ZONING REGULATIONS THAT WERE CREATED
WITH THE COMPREHENSIVE UPDATE IN 2010 (PA2015 -056)
WHEREAS, in 2010 the City Council of the City of Newport Beach ( "City ") adopted a
comprehensive update to the City's Zoning Code as codified in Newport Beach Municipal Code
Title 20;
WHEREAS, following the adoption of the comprehensive update staff has discovered a
limited number of unintended changes that were inadvertently included in the Zoning Code;
WHEREAS, these unintended changes in zoning regulations require correction to
appropriately implement the policies of the General Plan and maintain internal consistency
within the Zoning Code;
WHEREAS, on March 24, 2015, the City Council initiated an amendment of the Zoning
Code to correct unintended changes to zoning regulations that were created with the
comprehensive update in 2010;
WHEREAS, the Planning Commission held a public hearing on April 23, 2015, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. 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 public hearing. The Planning Commission voted to recommend the City
Council adopt the recommended amendments to Newport Beach Municipal Code Title 20;
and
WHEREAS, the City Council held a public hearing on May 26, 2015, in the Council
Chambers located at 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 public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain
as follows:
Section 1: Table 2 -5 of Newport Beach Municipal Code Subsection 20.20.020(A) is
hereby amended, in part, to read as follows:
Vehicle/Equipment Sales
General
—
CUP
—
--
Office Only
P
I P
P
P
P
Limited
--
I P
—
—
I --
17 -5
City Council Ordinance No. 2015 -_
Page 2 of 4
Section 2: Newport Beach Municipal Code Subsection 20.30.110(D)(1)(c) is hereby
amended to read as follows:
C. Alleys. No encroachments at the ground level are allowed
within the required rear setback area of a lot abutting an alley. Rear
setback areas abutting alleys shall be kept clear of obstructions.
Section 3: Newport Beach Municipal Code Subsection 20.30.110(D)(2)(a) is hereby
amended to read as follows:
a. Accessory structures, including housings for mechanical
equipment, not more than six feet in height and totaling no more than
one hundred fifty (150) square feet per structure, may be located
within a required side or rear setback area other than a rear setback
area abutting an alley.
Section 4: Newport Beach Municipal Code Subsection 20.30.110(D)(3)(a) is hereby
amended to read as follows:
a. Roof overhangs, brackets, cornices, and eaves may encroach up
to thirty (30) inches into a required front, side, or rear setback area,
including required third floor front or rear setbacks; provided, that no
architectural feature shall project closer than twenty -four (24) inches
from a side property line and a minimum vertical clearance above
grade of at least eight feet is maintained.
Section 5: Newport Beach Municipal Code Subsection 20.30.110(D)(4)(a)(ii) is hereby
amended to read as follows:
ii. Side: zero feet, except over doors up to twenty -four (24) inches
from property line, maximum width shall not exceed the standard
width of a door plus twelve (12) inches.
Section 6: Newport Beach Municipal Code Subsection 20.30.110(D)(7)(b) is hereby
amended to read as follows:
b. Side Setback Area. Fireplaces and chimneys attached to the
principal structure that are less than nine feet in width may encroach
up to thirty (30) inches into a required side setback area; provided,
that the encroachment shall be at least twenty -four (24) inches from
the side property line.
Section 7: Newport Beach Municipal Code Subsection 20.30.110(D)(10) is hereby
amended to read as follows:
10. Basement Walls. Basement walls that are located completely
below grade may encroach into a required setback area up to twelve
(12) inches.
17 -6
City Council Ordinance No. 2015 -_
Page 3 of 4
Section 8: Table 3 -10 of Newport Beach Municipal Code Section 20.40.040 is hereby
amended, in part, to read as follows:
1 per 30-50 sq. ft. of net public area,
including outdoor dining areas exceeding
Food Service with /without alcohol, with /without late hours 25% of the interior net public area or 1,000
sq. ft., whichever is less. See Section
20.40.060
Single -Unit Dwellings— Detached and less than 4,000 sq. ft. of 2 per unit in a garage
floor area
Section 9: The recitals provided above are true and correct and are incorporated into
the substantive portion of this ordinance.
Section 10: This 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 proposed amendment would not result in any changes in land use or
density. The properties involved have an average, slope of less than 20 percent and the
proposed amendment would not result in any changes in land use 'or density. Allowing
"vehicle /equipment sales" with the approval of a conditional use permit in the CG Zoning
District does not constitute a change in land use or density because the CG Zoning District
currently allows "vehicle /equipment rentals" and "vehicle /equipment repair' with the approval
of a conditional use permit; therefore, the characteristics of, and activities associated with,
"vehicle /equipment sales" are equivalent to those of "vehicle /equipment rentals" and
"vehicle /equipment repair," and would not involve a greater level of activity, population
density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts.
Additionally, the City Council finds the approval of this ordinance is not subject to the
CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. The City Council also finds the approval of this ordinance
is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
Section 11: Except as expressly modified in this ordinance, all other sections,
subsections, tables, sentences, terms, clauses and phrases set forth in the City's Zoning
Code shall remain unchanged and shall be in full force and effect.
Section 12: 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,
17 -7
City Council Ordinance No. 2015 -_
Page 4 of 4
sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 13: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published
pursuant to Charter Section 414. Pursuant to Newport Beach Municipal Code Section
20.66.070 this ordinance shall be effective thirty (30) days after its approval.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of , 2015, and adopted at a regular meeting of
the City Council of Newport Beach, held on the _ day of , 2015, by the following
vote, to wit:
AYES. COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
EDWARD D. SELICH, MAYOR
APPROVED AS TO FORM:
THE CIT ORJEY'S OFFICE
Afl /--- CFe
AARON C.qA-lAP. CITY ATTORNEY
ATTEST:
LEILANI I. BROWN, CITY CLERK
17 -8
ATTACHMENT CC 2
Code Amendment No. CA2015 -005
1. The following rows of Table 2 -5 of Section 20.20.020.A are revised as follows with all
other provisions of Table 2 -5 Section 20.20.020.A remaining unchanged:
Land Use
See Part 7 of this title for
Specific
land use definitions. See
CC
CG
CM
CN
Cv
Use
Chapter 20.12 for
Regulations
unlisted land uses.
Vehicle /E ui ment Sales
General
CUP
- --
- --
=9w pmei;t
P
P
P
P
P
dales Office
Limited
P
--
2. Section 20.30.110.D.1.c revised as follows with all other provisions remaining
unchanged:
C. Alleys. No encroachments at the ground level are allowed within the required rear
setback area of a lot abutting an alley. All alley Rear setback areas abutting alleys
shall be kept clear of obstructions.
3. Section 20.30.110.D.2.a revised as follows with all other provisions remaining
unchanged::
a. Accessory structures, including housings for mechanical equipment, not more than
six feet in height and totaling no more than one hundred fifty (150) square feet per
structure, may be located within a required side or rear setback area other than
these a rear setback area abutting an alley.
4. Section 20.30.110.D.3.a revised as follows with all other provisions remaining
unchanged::
a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30)
inches into a required front, side, or rear setback area, including required third
floor front or rear setbacks above tweRtyfewi: (24) feet; provided, that no
architectural feature shall project closer than thirty (3) twenty -four (24) inches
from a side property line and a minimum vertical clearance of at least eight feet
above grade of at least eight feet is maintained.
5. Section 20.30.110.D.4.a.ii revised as follows with all other provisions remaining
unchanged::
ii. Side: zZero feet, except over doors up to thii4y (39) twenty -four (24) inches from
property line, maximum width shall not exceed the standard width of a door plus
twelve (12) inches.
17 -9
6. Section 20.30.110.D.7.b revised as follows with all other provisions remaining
unchanged::
b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that
are less than nine feet in width may encroach up to thirty (30) inches into a required
side setback area; provided, that the encroachment shall be at least thirty
twenty -four (24) inches from the side property line.
7. 20.30.110.D.10 revised as follows with all other provisions remaining unchanged::
10. FGYRdatiGRG, Basement Walls, and Structural c,,pperrr F96I .datiens base eRt
Basement walls, and their StMetuFal supperts (ea'ssons) that are located
completely below grade may encroach into a required setback area up to twelve
(12) inches, provided they „ IGGated at yeast twenty fOUF (on) ;.,Ghes fFOFn aRy
pFepeq "Re.
8. The following rows of Table 3 -10 of Section 20.40.040 are revised as follows with all
other provisions of Table 3 -10 of Section 20.40.040 remaining unchanged:
Land Use
Parking Spaces Required
1 per 30 -50 sq. ft. of net public area,
including outdoor dining areas, but excluding
Food Service with /without alcohol, with /without late hours
the firs exceeding 25% of the interior net
public area or 1,000 sq. ft. of eutdeer dia ag
area, whichever is less. See Section
20.40.060
Single -Unit Dwellings— Detached and less than 4,000 sq. ft. of 2 per unit in a garage
habitable floor area
17 -10
ATTACHMENT CC 3
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 23, 2015 Meeting
Agenda Item No. 4
SUBJECT: Minor Amendments to Newport Beach Zoning Code (PA2015 -056)
• Code Amendment No. CA2015 -005
APPLICANT: City of Newport Beach
PLANNER: Patrick Alford, Planning Manager
(949) 644 -3235, palford @newportbeachca.gov
PROJECT SUMMARY
The application consists of minor amendments to correct unintended changes to zoning
regulations that were created with the comprehensive update in 2010. The
amendments are located within Chapters 20.20, 20.30, and 20.40 and will permit
Vehicle /Equipment Sales in the Commercial General (CG) Zoning District, correct
parking requirements for outdoor dining areas and single -unit dwellings, and clarify
allowable building encroachments.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. recommending City Council approval of Code
Amendment No. CA2015 -005 (Attachment No. PC 1).
INTRODUCTION
Background
The Zoning Code (Title 20 of the Newport Beach Municipal Code) was comprehensively
updated in 2010 to implement the policies of the 2006 General Plan. Staff has
discovered several unintended changes to zoning regulations that were incorporated
into the Zoning Code when it was comprehensively updated in 2010. These unintended
changes need to be corrected in order to appropriately implement the policies of the
General Plan and maintain internal consistency within the Zoning Code.
On March 24, 2015, the City Council initiated the Code Amendment.
The proposed amendments to the Zoning Code are depicted in redline /strikeout format
in Exhibit A of the draft resolution (Attachment PC 1) and are discussed below.
17 -11
Zoning Code Minor Amendments
April 23, 2015
Page 2
CG District Vehicle /Equipment Sales (Item 1 of Exhibit A)
The "vehicle /equipment sales" land use category includes the sale of automobiles,
construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles
and equipment. This land use category was inadvertently omitted as a permitted use in
the Commercial General (CG) Zoning District. As most of the City's automobile
dealerships are located in the CG Zoning District, existing establishments were
inadvertently made nonconforming uses.
The CG Zoning District is intended to provide for areas appropriate for a wide variety of
commercial activities oriented primarily to serve Citywide or regional needs.
Vehicle /equipment sales were allowed with in the predecessor to CG Zoning District.
Furthermore, the "vehicle /equipment rental" land use category is a permitted use in the
CG Zoning District. Therefore, vehicle /equipment sales are an appropriate land use for
the CG Zoning District.
The proposed amendment would establish land use regulations for vehicle /equipment
sales that mirror those for vehicle /equipment rentals in the CG District. "General"
vehicle /equipment sales, which may include the sale, installation, and servicing of
related equipment and parts would require a conditional use permit. "Limited"
vehicle /equipment sales, which may include minor maintenance, and incidental rental,
but does not include maintenance and /or repair requiring pneumatic lifts, would be
permitted by right. "Office only" vehicle /equipment sales would continue to be permitted
by right.
The proposed amendment is to Table 2 -5 of Section 20.20.020.A of the Zoning Code
Encroachments into Alley Setbacks (Items 2 and 3 of Exhibit A)
Ground -level encroachments in both rear and side yard setbacks abutting an alley are
prohibited. However, the intent is to prohibit the ground -level encroachments only in the
rear yard area in order to maintain adequate clearance for vehicular maneuvering in the
alley. Therefore, the Zoning Code should be amended to clarify that no encroachment
obstructions at the ground level are allowed within the required rear setback area of a
lot abutting an alley
The proposed amendment is to Section 20.30.110.D.1.c of the Zoning Code.
Architectural Projections into Setbacks (Items 4, 5, and 6 of Exhibit A)
The Zoning Code allows certain structural features to project into required setback
areas, such as roof overhangs, brackets, cornices, and eaves; awnings and canopies;
and fireplaces and chimneys. The previous Zoning Code allowed such architectural
features to come up to twenty -four (24) inches of a side property line. The Code update
17 -12
Zoning Code Minor Amendments
April 23, 2015
Page 3
increased the setback to be to no closer than thirty (30) inches to a side property line;
however, this was based on an anticipated change to the Building Code that later
proved to be erroneous. Therefore, this requirement can be reduced back to twenty -four
(24) inches.
The proposed amendment is to 20.30.110.D.3.a, Section 20.30.110.D.4.a.ii, and Section
20.30.110.D.7.b, of the Zoning Code.
Subterranean Structural Supports (Item 7 of Exhibit A)
Subterranean structural supports, such as foundations, basement walls, and caissons
are permitted to encroach into a required setback area up to twelve (12) inches,
provided they are located at least twenty -four (24) inches from any property line.
The setback areas required by the Zoning Code are for the proposes of establishing
"open areas around structures for: visibility and traffic safety; access to and around
structures; access to natural light and ventilation; separation of incompatible land uses;
space for privacy, landscaping, and recreation; protection of natural resources; and
safety from fire and geologic hazards." These purposes are not applicable to
subterranean structural supports, such as foundations and caissons, which are more
appropriately regulated by the Building Code in terms of light, ventilation, fire rating, and
ingress and egress. Therefore, this encroachment limitation can be deleted for
foundations and caissons.
The twelve (12) setback encroachment limitation for basement walls would remain. The
City has never permitted habitable floor area to encroach into required setbacks without
the approval of a modification permit or variance.
This amendment is to Section 20.30.110.D.10 of the Zoning Code.
Off - Street Parking for Food Service Uses (Item 8 of Exhibit A)
The off - street parking requirement for "food service" land uses incorrectly excludes a
portion of the outdoor dining area. Based on the previous Zoning Code, the correct
standard should exclude a portion of the outdoor area based on the amount interior net
public area. "Net public area" is the area used to serve customers, including customer
sales and display areas, customer seating areas, service counters, and service queue
and waiting areas.
In 1995, the Zoning Code was amended to enhance opportunities for outdoor dining at
restaurants. As an incentive, off - street parking was not required for outdoor dining areas
up to twenty -five (25) percent of the interior net public area, or one thousand (1,000)
square feet, whichever is less. This amendment would restore that incentive.
The proposed amendment is to Table 3 -10 of Section 20.40.040 of the Zoning Code
17 -13
Zoning Code Minor Amendments
April 23, 2015
Page 4
Single -unit Dwellings Off - street Parking (Item 9 of Exhibit A)
The off - street parking requirement for "single -unit dwellings" with less than four
thousand (4,000) square feet of floor area is based on "habitable floor area" (i.e., areas
for sleeping, living, cooking, or dining purposes), while the off - street parking
requirement for all other dwelling unit types are based on gross floor area. This
inconsistency should be corrected to gross floor area for every type of dwelling unit
This amendment is to Table 3 -10 of Section 20.40.040 of the Zoning Code.
ENVIRONMENTAL REVIEW
Staff recommends the Commission find the project is categorically exempt under
Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines -
Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor
alterations in land use limitations in areas with an average slope of less than 20 percent,
which do not result in any changes in land use or density. The properties involved have
an average slope of less than 20 percent and the proposed amendment would not result
in any changes in land use or density. Allowing "vehicle /equipment sales" with the
approval of a conditional use permit in the CG Zoning District does not constitute a
change in land use or density because the CG Zoning District currently allows
"vehicle /equipment rentals" and "vehicle /equipment repair' with the approval of a
conditional use permit; therefore, the characteristics of, and activities associated with,
"vehicle /equipment sales" are equivalent to those of "vehicle /equipment rentals" and
"vehicle /equipment repair," and would not involve a greater level of activity, population
density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts.
PUBLIC NOTICE
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement, consistent with the provisions of the Municipal Code. Additionally, the
item appeared on the agenda for this meeting, which was posted at City Hall and on the
City website.
Prepared by: Submitted by:
Patrick J. Alford, Planning Program Br n a Wisnes i, ICP, Deputy Director
Manager
17 -14
Zoning Code Minor Amendments
April 23, 2015
Page 5
ATTACHMENTS
PC 1 Draft Resolution
17 -15
ATTACHMENT CC 4
NEWPORT BEACH PLANNING COMMISSION MINUTES
NOES: None
ABSTENTIONS: None
A SENT: Koetting and Myers
DREWRY DECK VARIANCE (PA2015 -040)
917 West Bay Avenue
4123/15
Senior Plan r Gregg Ramirez provided a PowerPoint presentation describing the request fora econd floor
deck that wou encroach 2 -feet into the 10 -foot front yard setback. He also provided inform ion regarding
the property to tion, site plan, existing conditions, surrounding properties with similar ncroachments,
required findings r variance approval. He further explained that staff's recommends' n for denial was
because all the findin s for approval could not be made.
In reply to Commissioner awler's inquiry regarding the property at 911 West Bay enue that was granted a
discretionary approval, Se r Planner Ramirez reported that it fell under old r gulations and, prior to the
2010 comprehensive Code pdate, approval of a modification permit uld allow that type of an
encroachment and that the mo ' ication permit findings were easier to make.
Chair Tucker commented on the latqe number of modification permits plied for prior to the 2010 Zoning
Code update. He added that at some oint fewer exceptions were alto ed.
In response to Commissioner HillgrenX inquiry relative to special dispensations for architectural
enhancements, Senior Planner Ramirez repkted there are gen al architectural guidelines in the Code. He
added that if the Commission approves staffs ecommendaf n and denies the request the applicant could
appeal the decision to the City Council.
Commissioner Brown commented on a previovthnvinq ance request that was heard by the Planning
Commission and that resulted in an amendment code.
Senior Planne r Ramirez clarified there is no spec' I excepti for setbacks as you go vertical
Chair Tucker opened the Public Hearing.
Theresa "Terri" Drewry, Applicant, state she researched the matter nd felt she had done her due diligence.
She addressed the required findings nd felt that they can be made, with respect to her property. She
distinguished between sites, lots 10 d properties, addressed surroun 6ilg properties and noted that her
neighbors support the project.
Jim Mosher pointed out typ6graphical errors within the Resolution and a \ressed thy with the
app licant but noted the nee to comply with the Code.
Chair Tucker closed th ublic Hearing.
Members of the C mission noted the need to follow the Municipal Code.
The applicant as encouraged to appeal the Planning Commission's decision t
Motion m e by Commissioner Lawler and seconded by Commissioner Hillgren to adopt Resolutio No.1980
denyin ariance No. VA2013 -002.
F EBrown, Hillgren, Lawler and Tucker
: Kramer
ENTIONS: None
ABSENT: Koetting and Myers
ITEM NO.4 MINOR AMENDMENTS TO NEWPORT BEACH ZONING CODE (PA2015.056)
Citywide
Page 4 of 7
17 -16
NEWPORT BEACH PLANNING COMMISSION MINUTES
4123/15
Planning Program Manager Patrick Alford gave an overview of the minor amendments to the Zoning Code
intended to correct unintended changes to land use and property development regulations. He presented
details of each suggested amendment and reported that bulkhead setbacks were removed from
consideration as the scope of the change is more involved than anticipated noting it will be addressed in a
later amendment. Additionally, he referenced a revised Exhibit A involving minor wording changes to Item
No. 3 and reported that Items No. 8 and 9 have been consolidated.
Commissioner Hillgren offered corrections to the staff report and requested clarification relative to food
service. Planning Program Manager Alford explained that the "outdoor dining" was originally authorized as
"accessory outdoor dining" and the idea was that it would be an option, tied to the amount of interior net
public area. It excluded the first 25% of the interior net public area from the parking requirement. The basic
intent behind this incentive was lost when the Code was updated in 2010.
Chair Tucker opened the Public Hearing
Jim Mosher offered corrections to typographical errors and opined the CEQA finding seems odd. He
expressed difficulty in understanding what is being changed, questioned some of the suggested changes
and suggested others.
Chair Tucker closed the Public Hearing.
Planning Program Manager Alford addressed comments by Mr. Mosher.
Planning Program Manager Alford reported that the language will be cleaned up when it is presented to
Council and confirmed that the relevant Code sections will be included in the exhibits.
Deputy Community Development Director Wisneski reported that the staff report has a more - extensive
description of the CEQA findings and recommended that they be incorporated into the resolution.
Motion made by Chair Tucker and seconded by Commissioner Brown to adopt Resolution No.1981
recommending City Council approval of Code Amendment No. CA2015 -005, incorporating the CEQA
findings within the staff report into the resolution and with minor technical corrections as discussed.
AYES:
Brown, Hillgren, Kramer, Lawler and Tucker
NOES:
None
ABSTENTIONS:
None
ABSENT:
Koetting and Myers
ITEM NU-6, LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013 -001)
Deputy Community Develo—pineat Director Wisneski introduced the it nd reported that the original
schedule has changed and that the is Hearing process will beai the fall. She stated she will continue
providing brief updates at subsequent Coml ion meetin madded that when it gets closer to the Public
Hearing, study sessions will be held to help in baltLFrstanding the regulations contained in the plan.
Planning Program Manager Alford pr ed a PowerPoint entation addressing the Coastal Zone,
requirements for the Coastal Z ackground, how the plan fits ibtethe City's regulatory organization,
w '
existing LCP for the Ne oast area, elements of the plan, the comma outreach stage and efforts,
community meetin g , ormation and members of a rapid response team, upcomi eetings and topics,
details of the ised schedule and next steps.
discussion followed regarding public access.
Page 5 of 7
17 -17
CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, May 26, 2015, at 7:00 p.m. or soon thereafter as the matter shall be
heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City
Council of the City of Newport Beach will consider the following application:
Minor Amendments to the Newport Beach Zoning Code — Minor amendments to correct unintended changes to
zoning regulations that were created with the comprehensive update in 2010. The amendments are located within
Sections 20.20, 20.22, 20.30, and 20.40 and will conditionally permit Vehicle/Equipment Sales in the Commercial General
(CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, and clarify allowable
building encroachments. The Planning Commission reviewed this item at its April 23, 2015 meeting and recommended
that the City Council approve the proposed minor amendment.
NOTICE IS HEREBY FURTHER GIVEN that this 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 proposed amendment would
not result in any changes in land use or density. The properties involved have an average slope of less than 20
percent and the proposed amendment would not result in any changes in land use or density. Allowing
"vehicle/equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a
change in land use or density because the CG Zoning District currently allows "vehicle/equipment rentals" and
"vehicle/equipment repair" with the approval of a conditional use permit; therefore, the characteristics of, and activities
associated with, "vehicle/equipment sales" are equivalent to those of "vehicle/equipment rentals" and
"vehicle/equipment repair," and would not involve a greater level of activity, population density, intensity, traffic
generation, parking, dust, odor, noise, or similar impacts.
Additionally, the City Council finds the approval of this ordinance is not subject to the CEQA pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. The City Council also finds the approval of this ordinance is not a project under
CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court,
you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to
the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach
Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action
occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff
report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California,
92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting
may contact the Planning Division or access the City's website after the meeting to review the action on this application.
For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at
palford(a)-newportbeachca.gov or 949-644-3235.
Project File No.: PA2015-056 Activity No.: ZC2015-005
Zone: Multiple Zoning Districts General Plan: Multiple Land Use Designations
Location: Citywide Applicant: City of Newport Beach
SEW p°RT
Leilani I. Brown, MMC, City Clerk
City of Newport Beach
CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, May 26, 2015, at 7:00 p.m. or soon thereafter as the matter shall be
heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City
Council of the City of Newport Beach will consider the following application:
Minor Amendments to the Newport Beach Zoning Code — Minor amendments to correct unintended changes to
zoning regulations that were created with the comprehensive update in 2010. The amendments are located within
Sections 20.20, 20.22, 20.30, and 20.40 and will conditionally permit Vehicle/Equipment Sales in the Commercial General
(CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, and clarify allowable
building encroachments. The Planning Commission reviewed this item at its April 23, 2015 meeting and recommended
that the City Council approve the proposed minor amendment.
NOTICE IS HEREBY FURTHER GIVEN that this 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 proposed amendment would
not result in any changes in land use or density. The properties involved have an average slope of less than 20
percent and the proposed amendment would not result in any changes in land use or density. Allowing
"vehicle/equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a
change in land use or density because the CG Zoning District currently allows "vehicle/equipment rentals" and
"vehicle/equipment repair" with the approval of a conditional use permit; therefore, the characteristics of, and activities
associated with, "vehicle/equipment sales" are equivalent to those of "vehicle/equipment rentals" and
"vehicle/equipment repair," and would not involve a greater level of activity, population density, intensity, traffic
generation, parking, dust, odor, noise, or similar impacts.
Additionally, the City Council finds the approval of this ordinance is not subject to the CEQA pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly. The City Council also finds the approval of this ordinance is not a project under
CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment.
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court,
you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to
the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach
Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action
occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff
report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California,
92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting
may contact the Planning Division or access the City's website after the meeting to review the action on this application.
For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at
palford(a)-newportbeachca.gov or 949-644-3235.
Project File No.: PA2015-056 Activity No.: ZC2015-005
Zone: Multiple Zoning Districts General Plan: Multiple Land Use Designations
Location: Citywide Applicant: City of Newport Beach
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City of Newport Beach
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3289449 - Newport Harbor News Press Combined With Daily Pilot
Page 2 of 2
t� yw I
ME D I A G R 0 UP
County of Cook
I am a citizen of the United States and a resident of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a
newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange,
and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the
following date(s):
May 16, 2015
I certify (or declare) under penalty of perjury
under the laws of the State of California that the foregoing is true and correct.
Dated at Chicago, Illinois
on this day of_AZIL/20_1�
[signature]
435 N. Michigan Ave.
Chicago, IL 60611
3289449 - Newport Harbor News Press Combined With Daily Pilot
Page 1 of 2