HomeMy WebLinkAbout04 - Construction-Maintenance Activities Code Amendment InitiationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 4
July 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patrick J. Alford, Planning Manager, 949 - 644 -3235
palford@city.newport-beach.ca.us
SUBJECT: Construction /Maintenance Activities Code Amendment Initiation
ISSUE:
Should the City Council initiate a code amendment to the Newport Beach Municipal
Code to limit construction and maintenance activities in required setback areas of
residential districts?
RECOMMENDATION:
Staff recommends the City Council initiate the code amendment by adopting the
attached resolution.
DISCUSSION:
Background:
At the June 6, 2009, City Council meeting, Council Member Webb asked staff to submit
a draft Zoning Code amendment that would set limits on the size and duration of
construction and maintenance projects occurring within the required setback areas of
single -unit residential districts.
Analysis
Staff is working with the Office of the City Attorney to prepare the precise language of
the proposed ordinance. However, staff believes that such an ordinance would be best
placed in either Title 10 (Offenses and Nuisances) or Title 15 (Buildings and
Construction) of the Newport Beach Municipal Code.
Amendments to these titles do not require the adoption of a resolution of intent.
However, it is possible that an amendment to Title 20 (Planning and Zoning) may be
Construction/Maintenance Activities Code Amendment Initiation
July 14, 2009
Page 2
necessary to avoid inconsistencies with existing regulations on permitted projections
into required setback areas, and on the parking and storage of vehicles and vessels.
Environmental Review:
A code amendment initiation is considered to be feasibility or planning study by staff,
which is statutorily exempt pursuant to Section 15262 of the Implementing Guidelines
for the California Environmental Quality Act.
Public Notice:
Notice is not required to initiate a code amendment. Should the request be approved,
there will be noticed Planning Commission and City Council public hearings. This item
was included on the agenda for this meeting which was posted at City Hail and on the
City's website.
Prepared by:
Patrick J. Alford, Pla ng Manager
Submitted by:
Attachments: 1. Draft City Council Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH INITIATING AN AMENDMENT TO
THE NEWPORT BEACH MUNICIPAL CODE TO LIMIT
CONSTRUCTION AND MAINTENANCE ACTIVITIES IN
REQUIRED SETBACK AREAS OF SINGLE -UNIT
RESIDENTIAL DISTRICTS
WHEREAS, the City Council of the City of Newport Beach finds that large and
prolonged construction and maintenance projects conducted within the required
setback areas of single -unit residential districts are a detriment to public health, comfort,
convenience, safety, general welfare and the peace and quiet of the City and its
inhabitants; and
WHEREAS, to control activities may require an amendment to existing zoning
regulations on the storage of vehicles and watercraft; and
WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City
Council to adopt a resolution initiating amendments to the Zoning Code; and
WHEREAS, on July 14, 2009, the City Council considered initiating an
amendment to Title 20 of the Newport Beach Municipal Code; and
WHEREAS, initiating the code amendment qualifies for a Statutory Exemption
pursuant to 15262 Feasibility and Planning Studies of the Implementing Guidelines of
the California Environmental Quality Act (CEQA); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby initiates a code amendment to amend Title 20 of the Newport
Beach Municipal.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF JULY, 2009.
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR