HomeMy WebLinkAbout1473 - RECOMMEND APPROVAL CA_TITLE 20 .RESOLUTION NO. 1473
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING APPROVAL
TO THE CITY COUNCIL OF AN AMENDMENT TO TITLE 20
OF THE NEWPORT BEACH MUNICIPAL CODE [AMENDMENT
874]
WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the
definition of terms, land use classifications, land use regulations, nonconforming structures, the
regulation of signs, public notification requirements, appeal and call for review procedures, and the
removal of obsolete, redundant, and conflicting language are required; and
WHEREAS, on July 9, 1998, the Planning Commission of the City of Newport Beach held
a public hearing regarding this amendment; and
WHEREAS, the public was duly noticed of the public hearing; 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.
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of
Newport Beach does hereby recommend that the City Council of the City of Newport Beach revise
Title 20 of the City of Newport Beach Municipal Code as provided in Exhibit "A."
ADOPTED this 23rd day of July 1998, by the following vote, to wit:
AYES Adams, Ashley, Fuller, Gifford, Kranzlev,
Ridgeway, Selich
NOES None
BINUM
A.'Fuller, Secretary
EXIHBIT "A"
1. Section 20.03.030, add new definition:
2. Section 20.05.080 (F & H), replace with new land use classification:
3. Section 20.10.040 (B -1), remove unneeded language and revise to clarify:
B. Floor Area Limit
L- the R '. Distfiet in the areasfWest Ne"eit and the Balboa Peninsula, the tat
-
g°°° f,,.,._ area, ineluding basements, garages and earperts, but exeludiag-deeks,
bakenies or- patios open en at least 2 sides, eentained in all buildings en a site h .
-et "eeed 2 t:::es the buildable • e "h° 4"°. In the R -1, axd -R -2, and MFR
Districts in the area designated as Old Corona del Mar, the total gross floor area
(excluding those structures excepted under Section 20.10.030) shall not exceed 1.5
times the buildable area of the site. Per 4welli°°° and pe=pAaed
buiUngs,the building height limir ••'sli l be 242E as speeiflea in Chapter- 20.
Exhibit "A"
Resolution No. 1472
Page 1
4. Section 20.20.020 (Table), delete conflicting row:
Industrial Districts: Land Use Regulations
P = Pe tied
UP = Use Permit
PDlU = Use permit issued by the Planning Director
L = Limited (see Additional Use Reeulationsl
- -- = Not Permitted
M -1 M -1 -A IBP
VEHICLE/EQUIPMENT SALES AND SERVICES
- AUTOMOBILE WASHING
- --
- --
PD/U
- COMMERCIAL PARKING FACILITY
P
- SERVICE STATIONS
UP
UP
PD/U
- VEHICLE/EQUIPMENT REPAIR
P
P
P
NTH1CL&EQ1_4P4ENT 9-41-ES -4-ND RET.4117
P
P
P
- VEHICLE/EQUIPMENT SALES AND RETAILS
L-14
L -14
P
5. Section 20.50.030, add missing provision from the old code:
6. Chapter 20.60, add new section:
1717Z. KT,
DZE
Additional
Atnendment 874
July 9. 1998
Page 2
7. Revise Section 20.62.060 (A -3) to read as follows:
3. Covered and Enclosed Parking.
a D 4.4 1,:,. «-:et Residential development having less than the
required number of enclosed parking spaces:
(1) Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
(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) 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).
8. Section 20.62.090 (B -1), revise to include all buildings:
2.
nonconforming uses of a een€sF
building eF structure is shall be discontinued within the time limits
specified by the Planning Commission, which shall not exceed the following
maximum time limits:
Amendment 374
July 9, 1998
Page 3
a. Residential districts: 5 years;
b. Nonresidential districts: 10 years.
Maximum time limits for nonconforming uses in the residential or
nonresidential portions of SP or PC district shall the same as those for
residential and nonresidential districts, respectfully, unless otherwise .
provided for in the specific plan or development plan.
9. Revise Section 20.63.060 as follows:
20.63.060 Building Bulk
Building bulk shall be calculated to be gross floor area excluding outdoor dining areas and with the
addition of courtyards not open on at least 2 sides. An area which is open to the sky and is open on
one side shall be considered to be consistent with this provision.
In addition, for purposes of calculating building bulk, the floor area devoted to portions of a
building which span more than 1 floor, such as multi -level lobbies, stairwells, and elevator shafts
shall be counted at each floor level. Any level of a building which measures more than 18 feet from
finished floor to finished floor level or from finished floor to the average height of the roof above
finished floor, shall be considered to occupy 2 floor levels.
Building bulk shall also include the gross square footage of above grade or partially subterranean
covered parking areas, except where specifically excluded for a particular location under the Land
Use Element of the General Plan.
Where a covered parking area is partially subterranean, gross floor area of the covered parking area
shall be prorated as follows:
Height of ceiling
above natural grade
greater than 8 feet
6 -8 feet
4 -6 feet
2 -4 feet
less than 2 feet
Portion of parking area counted
towards rgross square footage
100%
75%
50%
25%
Not counted
Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25 for
commercial uses or 0.35 for mixed residential/commercial uses.
Amendment 374
July 9. 1999
Page 4
10. Section 20.65.030 (B -2), revise to clarify language:
2. Flood Hazard Arcas. The
_ . .
pad elevationis- deten»ined by the Flooc
Maps recognized by the Building Deparmcnt as part of flood safety
requirements and maps adopted by City Council. Notwithstanding the
building pad elevations established by the Flood insurance Rate Maps, the
minimum required first floor finished floor elevation for the interior living
areas of all new structures shall be at least 6.27 Mean Sea Level consistent
with the Public Works Department standard for bulkhead elevation.
11. Section 20.65.060, delete obsolete language:
20.65.060 Existing Structures and Permits
n c h• h existenee d emiq�qaetiAm the effeetive date of this vm're
hapter (Qeteher 11 1972) a fid ...h :eh de not eenfefm to these regulations may he
eenfi- ued er elte..ed. pPevided, that t--- ii= 'c-alxaagees din :: t rest 1t in a greatef
nonessfeffaity then was e3kisting.
B. CStfue vacs f ..1 iek Wilding «.nit.. have be issued or f.. .w{ ieh use pemlits
have been issued, FiR the eFCeet:.,e date of tMs ehapter (Oeteh-... 11, 1972) and wI.H'e{.
^1'..'not nfe to the regulations, . bee st eted aeeefding to the and
P`a`s
E. Prepesed stme?aPes ::widia —a -hand eo m unitj, dist.:et adopted pfief to a n
Cf etiye date of this ehapter (0e4ehe_ 11, 19:72) may he e nstmeted in ee«danee
with the he:._ht lia is „tamed within the planned eenmwnity text......., yid _.,
heweveF, that a use «...:t shell be Fequired for any st.. et.. wWeh n e
a.wds the
height limits established by dus ehaptef �.0 u
DX The use permit application fee shall be waived for any single family home in the
R -I District which is replacing a structure which was in existence on the effective
date of this chapter (October I I , 1972).
Amendment 874
July 9. 1998
Page 5
Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in
existence or under construction on the effective date of this chapter (October 11,
1972) may be changed provided such change does not result in a roof height above
top of curb and provided further that the roof height does not exceed the height limit
established by the 24/28 Height Limitation Zone. For purposes of this chapter, the
top of curb height limitation shall be established by a horizontal plane created by the
extension of the top of curb line across each site located on the bluff side of Ocean
Boulevard. Where a question arises as to the interpretation of this code, the
Planning Director shall review and render a decision. New structures may be
constructed on vacant sites subject to the same criteria.
12. Reformat Section 20.65.050 (B) as a separate section, Section 20.65.055:
The Planning Commission or City . .
Council in approving any planned community district, any specific plan, or in
granting any use permit for structures in excess of the basic height limit in any zone
shall find that each of the following four points have been complied with:
a-A-. The increased building height would result in more public visual open space
and views than is required by the basic height limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the
percentage of ground cover, and the treatment of all setback and open areas.
24. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area than is required by the basic height limit in any zone.
-3-1. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
4I. The structure shall have no more floor area than could have been achieved
without the use permit.
Amendment 874
July 9, 1998
Page 6
13. Revise Section 20.66.040 (A -1) to include the R -1.5 District:
20.66.040 Parking Standards for Residential Districts
A. Parking Space Dimensions and Clearances
1. Minimum Interior Dimensions. Required parking spaces shall have a
minimum interior width of 8 feet, 3 inches and a minimum interior depth of
18 feet.
Exception: In M R -2 and MFR Districts, where tandem parking
is provided, one of each set of two tandem spaces may have a
minimum interior depth of 16 feet, provided this space is not used to
meeting the requirements for covered parking.
14. Section 20.66.050 (B4), revise to provide the correct reference:
4. Exceptions.
a. Where the size. shape, location, or topography of the proposed
parking facility make compliance with the requirements of this
ekapte mxbw impractical and will result in hardship, the
requirements of this chapter and the off - street parking standards as
are necessary to permit development of the parking facility may be
waived so long as the waiver does not create an unsafe condition or a
condition which is detrimental to surrounding property.
b. For commercial districts, application for a waiver of the
requirements of this ehagteP > .A shall be made to the
Modifications Committee.
C. For industrial districts, application for a waiver of the requirements
of this chapter shall be made to the Planning Commission.
15.20.67.020 (J -3), revise as follows:
3. Luminous Tube Signs. Any sign which consists of or is illuminated by
exposed electrically- charged gas- filled tubing, such as neon and argon signs
v.
Amendment 874
July 9, 1998
Page 7
16. 20.67.025 (1), add new sections:
a
•.
17. Revise Section 20.67.035 (B) as follows:
B. Other Temporary Signs.
1. Residcntial Districts. No temporary signs are permittcd in residential
districts, except the M real a <tate signs authorized in Section 20.67.035 (A)
im
2. Commercial and Industrial Districts. Temporary signs are permitted in
commercial and industrial districts subject to the following restrictions:
a. Size. No temporary sign shall exceed 100 square feet in area.
Temporary signs of rigid material shall not exceed 24 square feet in
area, or 6 feet in height.
Amendment 874
July 9. 1998
PW8
b. Duration. Temporary signs shall remain in place for a period not
exceeding 90 days per calendar year.
C. Number. I per building or site.
d. Exceptions.
s
W
4'
e.
(1) Temporary signs displayed at RwAmehile service stations
are governed by the
provisions of Sections 20.67.030 (D
18. Section 20.82.050, revise to read as follows:
D. Required Notice.
At least 10 days prior to the administrative decision, notice shall be mailed
to the a licant and all owners of jroperty within 300 fect.
�� of the boundaries of the site, as
shown on the last equalized assessment roll or, alternatively, from such other
records as contain more recent addresses. It shall be the responsibility of the
Am d t 874
July 9, 1998
Page 9
applicant to obtain and provide to the City the names and addresses of
owners as required by this section.
Exception. Notice is not required for applications on ro�erties
which are not locatcd within 300 feet
of a residential district.
19. Section 20.86.070, revise to read as follows:
B. Required Notice.
1. The Modifications Committee shall give notice of the public hearing in the
same manner as prescribed in Section 20.93.030 for all CRDPs reviewed by
the Modifications Committee.
2. Notice of all other public hearings shall be given as follows:
a. Mailed or Delivered Notice.
(2)
At least 10 days prior to the hearing,
notice shall be mailed to the applicant and all owners of
property within 300 feet of the boundaries of the site, as
shown on the last equalized assessment roll or, alternatively,
from such other records as contain more recent addresses. It
shall be the responsibility of the applicant to obtain and
provide to the City a list and postage paid envelopes with the
names and addresses of owners as required by this section.
20. Section 20.91.025 (A), revise as follows:
A. Authority. The Planning Commission shall approve, conditionally approve, or
disapprove applications for use permits or variances, unless the authority for an
Amendment 874
July 9, 1998
Page 10
administrative decision on a use permit is specifically assigned to the Planning
Director in the individual chapters of this code.
21. Section 20.91.030, revise to read as follows:
C. Required Notice. Notice of a public hearing or an administrative decision shall be
given as follows:
1. Mailed or Delivered Notice.
a. ''" At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and
all owners of property within 300 feet of the boundaries of the site,
as shown on the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the City the
names and addresses of owners as required by this section.
10
22. Revise Section 20.91.035 (B -1):
1.
That
circumstances
eenditions do net apply generally-to lard, buildings amlietaase° in the same distriet.
Amendment 874
July 9, 1998
Page 11
23. Section 20.92.050, revise to read as follows:
B. Required Notice. Notice of such hearing shall be given as follows:
1. At least 10 days prior to the hearing, notice shall be
mailed to the applicant and all owners of property within 300 feet of the
boundaries of the site, as shown on the last equalized assessment roll or,
alternatively, from such other records as contain more recent addresses. It shall
be the responsibility of the applicant to obtain and provide to the City a list and
postage paid envelopes with the names and addresses of owners as required by
this section.
F4
24. Section 20.92.060 (A), revise as follows:
A. If all applicable standards established by this section are met, the Planning
Commission shall approve the development. Conditions may be applied when the
proposed development does not comply with applicable standards and shall be such
as to bring said development into conformity.
25. Section 20.93.030 (B), revise to read as follows:
B. Required Notice.
Mailed or Delivered Notice.
a. At least 10 days prior to the hearing, notice
shall be mailed to the applicant and all owners of property within
100 feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the applicant
Amendment 874
July 9, 1998
Page 12
Q
to obtain and provide to the City the names and addresses of owners
as required by this section.
26. Section 20.93.050, revise to correct error:
20.93.050 Effective Date
Modification pennits shall not become effective for 14 days after c ranted, and in the
event an appeal te the Ranning Gemwiissiea is filed or if the City
Council &ball exercise its right to review any such decision under the provisions of Chapter
20.95, the permit shall not become effective unless and until a decision granting the
modification permit is made by the Planning Commission or City Council.
27. Section 20.94.030 (B -1), revise to match state law:
1. Mailed or Delivered Notice. In case the proposed amendment consists of a
change so as to reclas. an roper from any district to any other district
(.t��p�tj1. at least 10 days prior to the
hearing, notice shall be mailed to the a plicant. the roxrty owner, and all
owners of property within 300 feet
of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain more
recent addresses. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this
section.
If the number of owners to whom notice would be mailed pursuant to this
section is greater than 1000, the Planning Director, at his discretion, in lieu
of mailed or delivered notice, may provide notice by placin a
advertisement of at least one - eighth page inap
of general circulation within the City at least ]0 da s nor to the
hearing In-all cases itl , notice
shall be given by mall to the owner of property that is the subject of the
proposed amendment.
Anwncl=nt 874
July 9, 1998
Page 13
28. Section 20.94.030 (B -4), revise to provide for business organizations:
EN
In
addition, when applicable, the heffmmA mFs
association having
ietiex eeF the
affected property shall also be notified as provided herein.
29. Section 20.94.050 (A) requires to maintain language consistency with other sections of the
Zoning Code:
A. Hearing Date and Notice. Upon receipt of such report from the Planning
Commission, or upon the expiration of the time limit prescribed in Section
20.94.040, or upon the filing of any appeal, the City Council shall set the matter for
OAM one public hearing giving notice thereof as prescribed in Section 20.94.030.
30. Section 20.95.010 (B), recommended for denial:
31. Section 20.95.040 (C), revise as follows:
C. Calls for Review. Calls for review by the Planning Commission
may be initiated by any member. CeAls `e- Fevie ° by the G
Gouneii may be ia4iawd upon a ffiefien by any member and adoption
a€fFMati�eetes
32. Section 20.96.040 (E -3), change "6 months" to "180 days."
3. That there has been a discontinuance of the exercise or the entitlement
granted by the permit for ..'..
Amendment 874
July 9, 1998
Page 14