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HomeMy WebLinkAbout30 - Residential Maximum Floor Area Limits Calculation - Amendment 884�taEWPORT o � ,� ���FOA� CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644-5240% FAX (949) 644-3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE MAYOR AND CITY COUNCIL April 12, 1999 30 Patrick J. Alford (949) 644 -3235 SUBJECT: Calculation of Residential Maximum Floor Area Limits (Amendment 884) SUMMARY: An amendment to Section 20.10.030 (Property Development Regulation M), Section 20.10.040 (B -2), and Section 20.41.060 (Property Development Regulation 1) of the Zoning Code to exempt bathrooms, connecting corridors, foyers, and stairwells from the calculation of residential floor areas. ACTION: Hold hearing; introduce ordinance and pass to second reading on April 26, 1999. Background In the City of Newport Beach, there are limits on the amount of floor area permitted on residential properties. These residential floor area limits were adopted for two primary purposes. The first was to regulate the size and bulk of buildings. The second was to regulate the intensity of residential uses to control parking demand, traffic generation, and population density. .Since 1994, all uninhabitable portions of residential buildings which span more than one floor and measure more than 14 feet 6 inches from finished floor to the average height of the ceiling above the finished floor are considered to occupy two floor levels and each level is included in the calculation of residential floor areas. The term "uninhabitable" was never officially defined. However, a review of staff reports and meeting minutes from 1994 suggests that the term "inhabitable area" was intended to be used as the term "habitable room" is used in the Uniform Building Code. A "habitable room" refers to a room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, but excludes enclosed spaces such as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. When the Zoning Code was updated in 1997, definitions for habitable room and habitable space were added that reflected those in the U.B.C. The exhibit below shows those areas that are considered habitable and non- habitable spaces under the U.B.0 and Zoning Code. 5 2 Spaces Are Shaded Foyers, bathrooms, corridors, and stairwells that are open to second level ceilings and skylights are not uncommon features in contemporary residential designs. However, because they are "uninhabitable areas," if such areas measure more than 14 feet 6 inches from the floor to the ceiling above, they are considered to occupy two floor levels, even if only one floor level actually exists. In this example, the foyer is open to the floor above and the floor area of the foyer would be counted twice in determining the floor area of the building. Analysis O h r Kif. Din. Ar �P"d LIV Br Br. 4 Nallw% o LrL foyer-" oyer Below Foyer open to second floor The proposed amendment would replace the ambiguous term "uninhabitable" with the term "non - habitable" to create consistency with other sections of the Zoning Code. The proposed amendment would also add an exception for bathrooms, connecting corridors, foyers, and stairwells. This exception is intended to avoid restrictions on the use of non - habitable areas that are commonly open to second level ceilings and skylights. Other non - habitable areas, such closets, pantries, service rooms, laundries, attics, storage spaces, utility rooms, and garages, spaces that measure more than 14 feet 6 inches would still be considered as two floor levels and each level would be included in the calculation of residential floor areas. PlanningCommission Action Discussion at the Planning Commission focused on the intent of the Planning Commission and the City Council when the regulation was first adopted in 1994 and the regulation's impact on residential designs. The Planning Commission concluded that an exception was needed for certain types of non - habitable areas and voted unanimously to recommend approval to the City Council. Submitted by: SHARON Z. WOOD Assistant City Manager Prepared by: PATRICK J. ALFORD Senior Planner Attachments: LZ Draft ordinance. 2. January 21, 1999 Planning Commission staff report. 3. March 18, 1999 Planning Commission staff report. 4. January 21, 1999 Planning Commission minutes. 5. Draft March 18, 1999 Planning Commission minutes. Residential Roar Areas April 12.1999 Page 2 E • ORDINANCE 99- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT SECTION 20.10.030 (PROPERTY DEVELOPMENT REGULATION NI). SECTION 20.10.040 (B-2). AND SECTION 30.41.060 (PROPERTY DEVELOPMENT REGULATION I) OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CALCULATION OF RESIDENTIAL FLOOR AREAS [PLANNING COMMISSION AMENDMENT 8841 WHEREAS, Section 20.10.030 (Property Development Regulation NI), Section 20.10.040 (B -2), and Section 20.41.060 (Property Development Regulation n contain language that is inconsistent with other sections of the Municipal Code; and WHEREAS, in order to correct these inconsistencies: an exception is required for certain types of non - habitable areas in order to maintain the original intent of this regulation; and 0 WHEREAS, on March 1S, 1999, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on April 13, 1999, the City Council of the City of Newport Beach held public hearings 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: SECTION 1: Section 20.10.030 (Property Development Regulation M), Section 20.10.040 (B -2), and Section 20.41.060 (Property Development Regulation 1) of Title 20 of the City of Newport 3 Beach Municipal Code` shall be revised to read as provided in Exhibit "A." SECTION 2: The Mayor shall sian 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 April 12, 1999, and adopted on the 26th day of April. 1999, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 0 0 EXHIBIT "A" I* Section 20.10.030 (Property Development Re°_Ulation NI) E (NI) R -1. R -1.5. and R -2 Districts. The total gross floor area in all buildings and structures on a development site shall not exceed the following: R- I District: 2 times the buildable area of the site. R -1.5 District: 1.5 times the buildable area of the site. R -2 District: 2 times the buildable area of the site. Exceptions. The following structures shall not be included in the calculation of the gross floor area: 1. Covered parking spaces which are open on at least 2 sides, or open on one side and one end and which are not needed to meet off - street parking requirements for covered parking. 2. R -1.5 District. 200 square feet of floor area used for enclosed parking for two or more parking spaces. 3. 25 square feet of storage area adjacent to or a part of a parking space on a lot less than 32 feet wide; provided that no plumbing is located in said area, and provided that 3 parking spaces are provided side by side across one end of the lot. 4. Decks, balconies or patios open on at least 2 sides or open on one side and uncovered. MFR District. The total gross floor area contained in all buildings and structures on a development site shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square feet of floor area per required parking space devoted to enclosed parking shall not be included in calculations of total gross floor area. 7 Calculation. Non- habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Area considered to be a second floor and the floor area will be calculated towards the maximum floor area lima. Section 20.10.040 (B -2) B. Floor Area Limit 1. In the R -1. 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. 2. Calculation. Non- habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Section 20.41.060 (Property Development Regulation I) (1) Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 0 4 i" •ter,_ .. .T- �. I I r �_ —: ✓_\_mil ._._ Living Room Kitchen Garage (Ha:r.able) (Habi'abie) (Ncn- Habitacle) Section 20.10.040 (B -2) B. Floor Area Limit 1. In the R -1. 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. 2. Calculation. Non- habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Section 20.41.060 (Property Development Regulation I) (1) Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. 0 4 CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT SSA NEWPORT BOULEVARD NEWPORT BEACH, CA 94658 (949) 644-34 -: FAX (949) 644-3450 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE PLANNING COMMISSION SUBJECT: Calculation of residential maximum floor area limits January 21, 1999 5 Patrick J. Alford 644 -3235 ACTION: Discussion on the purpose and intent of a provision of the Zoning Code that requires "uninhabitable" spaces that measure more than 14 feet 6 inches be considered two floor levels and each level to be included in the calculation of residential floor areas. Provide direction to staff on potential methods of addressing this issue. Background In late 1993, the City of Newport Beach sought to address a growing number of illegal alterations involving the extension of second floor areas in clerestory areas over garages. The Planning Commission and the City Council directed staff to prepare an amendment to include those portions of residential buildings that span more than one floor in the calculation of residential floor areas. 1._ J The original draft of the amendment (Amendment 789) proposed that all portions of residential buildings which span more than one floor and measure more than 14 feet 6 inches from finished floor to the average height of the ceiling above the finished floor be considered to occupy two floor levels and that each level be included in the calculation of residential floor areas. However, the Planning Commission concluded that this would severely restrict the use of "desirable" design alternatives, such as the use of vaulted ceilings in living rooms. Therefore, the Planning Commission recommended that the regulation be amended to apply only to "uninhabitable" spaces of residential buildings. The Planning Commission recommended for approval of the revised amendment on January 6, 1994. Amendment 789 was adopted by the City Council on February 14, 1994. Analvsis An entry (i.e., a foyer, atrium, or vestibule) that is open to the floor above is a common residential design feature. However, this feature also raises questions regarding the purpose and intent of a section of the Zoning Code that deals with the calculation of the floor areas of residential buildings. Specifically, the question is whether such areas are "uninhabitable" spaces and should contribute towards the maximum floor area limits. 0 I Section 20.10.030 (Property Development Regulation O) of the Zoning Code reads as follows: "Uninhabitable rooms and spaces of a building which measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit." The problem is that there is no official definition for the term "uninhabitable." Literally, it would refer to areas not capable of being occupied or lived in. However, a review of the staff reports and minutes on the original amendment revealed that "inhabitable" referred to areas such as living rooms and family rooms and that "uninhabitable" referred to areas such as garages. It would then appear that the term "inhabitable area" was to be used as the term "habitable room" is used in the Uniform Building Code. A "habitable room" refers to a room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, but excludes enclosed spaces such as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar spaces. When the Zoning Code was updated in 1997, definitions for habitable room and habitable space were added that reflected those in the U.B.C. The exhibit below shows those areas that are considered habitable and non - habitable spaces under the U.B.0 and Zoning Code. O O ti O O ti O U 0) Spaces Are Shaded 0 Calculation of Floor Area Limits January 21. 1998 Page 2 !, If it was intended that uninhabitable rooms and spaces are the non - habitable rooms and spaces of the U.B.C. and Zoning Code, then an entry that is open to the floor above would be considered as two floor levels and each level would be included in the calculation of residential floor areas. In the example illustrated in the exhibit below, the foyer is open to the floor above. Because it measures more than 14 feet 6 inches from the floor to the ceiling above, the floor area of the foyer would -be counted twice in determining the floor area of the building. 1 I - -- -- _ Din. �l- 4 Abr. Kid Br. Br. �t--1 Fwd liv. p - Hallway o --------- pen c }a _II — foyer 1 �` i� Below Gear: _ , 1 Foyer open to r second floor This interpretation would be consistent with the original purpose of the regulation, discouraging the illegal extensions of second floors over clerestory areas in order to exceed residential floor area limits. This exhibit illustrates how the space t Y !a r Sc .ft above the foyer in the example floor plan could t' "e; �,• be used to create additional floor area. This interpretation could also limit the use of designs featuring non- habitable areas that span more than one floor level. Bathrooms r a r • _ t corridors, and stairwells that are open to second . f .� �' 1. a , y • V .� level ceilings and skylights are not uncommon features in contemporary designs. Such features • are often used to create a greater sense of openness and for dramatic effect. v5 "` �M Open area above toyer converted4 ra ` o create a new room. ,f a:� -I : °�M-Aa . e Calculation of Floor Area Limits January 21, 1998 Page 3 (� Options Staff has prepared the following as potential methods of addressing the ambiguities in Section 20.10.030: Option 1 Find that the term "uninhabitable rooms and spaces" refers to "non- habitable rooms and spaces. " With this finding, areas not considered to be habitable rooms and spaces by the U.B.C. and the Zoning Code that measure more than 14 feet 6 inches from floor to ceiling would be considered two floor levels and each level would be included in the calculation of residential floor area. This should be followed up with a clean up amendment to Section 20.10.030 to replace the term "uninhabitable" with "non - habitable." This approach has the potential to restrict the use of the design features described earlier. Option 2 Amend Section 20.10.030 to provide an exception for foyers, bathrooms, connecting corridors, and stairwells. Under this approach, Section 20.10.030 would be amended to replace the term "uninhabitable" with "non- habitable." However, the amendment would also add an exception for bath or toilet rooms, connecting corridors, foyers, and stairwells. This approach would be less restrictive on the design features described earlier. Option 3 Amend Section 20.10.030 to apply only to garages. It was the practice of constructing clerestory areas over garages and subsequent illegal alterations to • exceed the maximum floor area limits that prompted the original amendment. The use of high or vaulted ceilings in the main residential building may have a legitimate design purpose, but its use in a garage was questionable. This approach would address the original issue and avoid having to make assumptions about design features in other parts of the residential building. However, the potential for illegal extensions of second floors over clerestory areas in order to exceed residential floor area limits would still remain. Option 4 Amend Section 20.10.030 to delete the clerestory provision. This would bring the regulations on the calculation of residential floor areas back to where they were prior to 1994. Non- habitable rooms and spaces would be treated the same as habitable rooms and spaces in regards to the calculation of residential floor areas. Options 1, 2, and 3 would involve minor revisions to the property development regulations and can be implemented without much difficulty. Option 4 would involve a major change in residential property development regulations and would require additional study. Submitted by: Prepared by: PATRICIA L. TEMPLE PATRICK J. ALFORD Planning Director Senior Planner Calculation of Floor Area limits January 21, 1998 Page 4 I CITY OF NEWPORT BEACH 42EW�kr COMMUNITY AND ECONOMIC DEVELOPMENT e 4 t 4 PLANNING DEPARTMENT 3� = 3300 NEWPORT BOULEVARD • ° +t FOa^`� NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: REPORT TO THE PLANNING COMMISSION. SUBJECT: Calculation of residential maximum floor area limits March 18, 1999 5 Patrick J. Alford (949) 644 -3235 SUMMARY: An amendment to Section 20.10.030 (Property Development Regulation M), Section 20.10.040 (13-2), and Section 20.41.060 (Property Development Regulation I) of the Zoning Code to exempt bathrooms, connecting corridors, foyers, and stairwells from the calculation of residential floor areas. ACTION: Conduct public hearing; adopt Resolution No. recommending approval or modification of Amendment 884 to the City Council or disapprove Amendment 884. Background On January 21, 1999, the Planning Commission conducted a discussion on the purpose and intent of Section 20.10.030 (Property Development Regulation M) of the Zoning Code. The Planning Commission concluded that an exception was needed for certain types of non- habitable areas and directed staff to return with a resolution of intent (a copy of the staff report and an excerpt of the meeting minutes are attached for . the benefit of the new commissioners and the public). On February 18, 1999, the Planning Commission initiated the amendment. Analysis Section 20.10.030 (Property Development Regulation M) requires "uninhabitable" spaces that measure more than 14 feet 6 inches in height be considered two floor levels and that each level be included in the calculation of residential floor areas. The proposed amendment would replace the term "uninhabitable" with "non- habitable" to create consistency with other sections of the Zoning Code. The proposed amendment would also add an exception for bathrooms, connecting corridors, Foyers, and stairwells. This exception is intended to avoid restrictions on the use of non- habitable areas that are commonly open to second level ceilings and skylights. The original discussion was limited to Section 20.10.030 (Property Development Regulation M). However, staff has reviewed the entire Zoning Code and found two other sections where similar language appears. These are Section 20.10.040 (13-2), which contains special property development regulations for the Old Corona del Mar area and Section 20.41.060 (Property Development Regulation I), which contains property development regulations for the Newport Shores Specific Plan District. These sections should also be revised to allow the proposed exception. If adopted, the Zoning Code would be revised to read as follows: Section 20 10 030 (Property Development Regulation M) Calculation. Uninhabitable Non- habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, whieb that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit. Section 20.10.040 (B-2) 2. Calculation. For purpeses „f .1,.ulating the allowable , b{e s (leer the floor . deveted to portions of b buildings b floor, shall h° e sider °,1 to eeeupy twe sle@F ley_ - Non- habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit: Section 20.41.060 ( Propertv Development Regulation 1) u (1) The total gross floor area, including basements, garages, and carports contained in all buildings on a site shall not exceed twice the buildable area. For purposes of ealeulating, the alle'....hle ,.b .,.SS fl,,.^ . b the fleet area .1eyeted to ..miens of buildings 1eeat...l R nhnh:t..hl° a .. hieh. snan b b ._. finished fleet shall be , sidered to eeeupy twe fleer levels. Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms, connecting corridors; foyers, and stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be. considered to occupy two floor levels and the floor area of each level shall therefore be'calculated towards the maximum floor area limit: Submitted by: PATRICIA L. TEMPLE Planning Director Prepared by: PATRICK J. ALFORD Senior Planner Attachments: I. Draft resolution. 2. January 21, 1999 Planning Commission staff report. 3. Excerpt from January 21, 1999 Planning Commission minutes. Amendmen1874 March 18.1999 Page,2` • City of Newpart Beach Planning Cammissian Minutes January 21, 1999 B. The Planning Commission may add to or modify conditions of approval to this use permit or modification permit or recommend to the City Council the revocation of this use permit or modification 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. C. All signs shall conform to the provisions of Chapter 20.67 of the Municipal Code except as authorized by Modification 4847. SUBJECT • Calculation of residential maximum floor area limits Ms. Temple noted that staff is requesting direction as to the intent and interpretation to be taken or possible code amendments to particular sections of the Municipal Code. This particular provision was adopted some time ago in response to a number of unauthorized additions to homes, particularly on Balboa Island where open clear stories and garage spaces were constructed. After the final building permit, additional bedrooms would be added within that clear space. The regulation adopted by the Planning • Commission went through a number of wording changes with the final wording requiring that clear spaces exceeding the 14 ft. 6 inch height dimension over uninhabitable spaces would be counted twice. It seemed the intent was uninhabitable meant areas like garages, etc. However, when referring to the Uniform Building Code, certain interior floor areas such as stairwells, restrooms, etc. are not considered habitable. Since there is no definition of an "inhabitable area ", we have a problem with the interpretation of the code section. Mr. Alford then presented the following for deliberation: Option 1 - involves making the interpretation that uninhabitable areas refer to the non - habitable areas as defined by the Uniform Building Code. The consequence would be that the areas above foyers, bathrooms, hallways could possibly be counted twice in the residential floor area calculations which could restrict or stop a property owner from adding these features in their floor plan. Option 2 - would provide an exception for foyers, bathrooms, connecting corridors, and stairwells and the code would be amended to replace the term uninhabitable with non - habitable. The other areas you are not likely to see would be two story laundry rooms or walk in closets, so they would continue to fall under the current provisions. • 14 INDEX Item 5 Discussion of Calculations of residential maximum floor area limits 0 City of Newport Beach Planning Commission Minutes January 21, 1999 INDEX Option 3 - would limit it simply to garages as a non - habitable area and it would leave the other areas in the living portion of the unit as habitable. Option 4 - would delete this provision entirely and non - habitable rooms and spaces would be treated the same as habitable rooms and spaces in regards to the calculation of residential floor areas. Option 1 is the most restrictive in terms of potential design; and option 4 is the least restrictive. Discussion followed noting: • All areas within the building that are habitable are not subject to the limitation, so living rooms, dining and bedrooms can all have a clear story up to the height limit. They are not limited to the 14.6 calculation. • With the UBC definition of non - inhabitable, the 14.6 limitation would apply to the garages which was the source of the original problem as well as any places within the living space that are not defined as habitable. • The term uninhabitable has been defined as non - habitable in practice all along and staff has been inconsistent because there was no definition. • Staff is looking for guidance from the Planning Commission as to whether the 14.6 limitation is appropriate, or no limitation in terms of whether it is calculated as one level of living space or two. . • In parts of town, some people have filled in open foyers. • Allow designers to be creative and not coverevery single problem. • History of the problem being three homes that were built under the same building plan on Balboa Island. All had the same design with the clear story above the garage, all three were discovered through the Residential Building Inspections to have built over that garage and expanded into a second story resulting in a higher floor area ratio than allowed. All three came to the Planning Commission and then the Council to ask for a Variance. For various reasons, two were granted and one was denied. Ms. Temple noted an intermediary course to select Option 2 or 3 with the understanding that we would revisit the issue of residential floor area ratios. This would give us a quick fix and then the opportunity to revisit the whole issue in a more coordinated fashion. Commissioner Gifford asked that when this issue is being addressed, those current floor plans being submitted at that time are considered. Ms. Temple suggested that this would be studied as part of the Corona del Mar development standards project. Motion was made by Commissioner Gifford to direct staff amend Section 20.10.030 to provide an exception for foyers, bathrooms, connecting 15 City of Newport Beach Planning Commission Minutes January 21, 1999 corridors, and stairwells and include a study of the residential floor area calculations in relation to current floor plans being submitted by the Corona del Mar Study Group. Ayes: Fuller , Ashley, Selich, Gifford, Kranzley Noes: None Absent: None Abstain: None ADDITIONAL BUSINESS: a.) City Council Follow -up - Oral report by the Assistant City Manager regarding City Council actions related to planning - Mrs. Wood reported that at the last Council meeting a review of the Traffic Phasing Ordinance was held and will be brought to the Planning Commission for review in March; a General Plan update report was given and will be part of the goal session discussion on January 301h, and the LCP Grant Application was set to be heard at the next meeting on February 81h. . b.) Oral report from Planning Commission's representative to the Economic Development Committee - Chairperson Selich reported that a presentation on the EDC goals and objectives was presented and was received without comment. C.) Matters which a Planning Commissioner would like staff to report on at a subsequent meeting - Commissioner Gifford asked for a presentation of the Balboa Sign issue. Ms. Temple noted that the original presentation had been televised and is set to air within the near future on the cable channel. The public at large will be invited to participate in the survey and will be notified through public information provided by the Daily Pilot. She also noted that all of the licensed businesses had been sent direct mailers to inform them of the meeting and their presence and participation were encouraged. d.) Matters, which a Planning Commissioner may wish to place on a future agenda for action and staff, report - none. e,) Requests for excused absences - The meeting for February 401 was canceled as there is only one item brought by the City and conflicting timing of the Mayor's dinner that same evening. The next meeting will be February 18th. 16 INDEX Additional Business IS City of Newport Beach' Planning Commission Minutes March 18, 1999 7. The minimum width for the occess drive sholl be 24 feet curb to curb, unless otherwise opproved by the City Troffic Engineer. 8. The Plonning Commission moy odd t modify conditions of opprovol to this Use Permit or recommend,, ity Council the revocotion of this Use Permit, upon o clef n thot the operotion which is the subject of this Use Permit, n1ury, or is detrimentol to the heolth, solely, peoce, morols, com , or generol welfore of the community. 9. This Use Permit sholl expire unless exercised within 24 months from the dote of opprovol os specified in Section 20.91.050 of the Newport Beoch Municipol Code. SUBJECT: Calculation of residential maximum floor area limits • Amendment 884 An omendmenl to Section 20.10.030 (Property Development Regulolion M), Section 20.10.040 (13-2), and Section 20.41.060 (Property Development Regulolion 1) of the Zoning Code to exempt bolhrooms, connecting corridors, foyers, and sloirwells from the colculolion of residenliol floor oreos. Al the request of Commission, Ms. Temple noted lhol the history of this omendmenl originoled severol yeors ogo to oddress o growing problem with persons constructing clerestory goroges, porticulorly on Bolboo Islond, and then offer receiving o finol building inspection and certificole of occuponcy would proceed to fill in the clerestory with oddilionol bedrooms. As o result of this problem, the City enocled o new provision of the Zoning Code lhol counts ony clerestory obove o non- hobiloble portion of o building to be counted twice if it exceeded the interior height of 14 feet 6 inches. Al the time the City oclopled the updoled Zoning Code, o number of oddilionol definitions consistent with slonclord plonning and building code definitions were esloblished. The term non- hobiloble beors most closely with the building definition of un- inhobiloble and by moking those wording chonges doff found lhol certoin oreos within structures would foil under this limilolion. Sloff brought this issue to the Plonning Commission and discussed the vorious options. The Commission determined lhol they wonted to still use the term un- inhobiloble but would olso exclude certoin interior spoces such os both or toilet rooms, connecting corridors, foyers and sloirwells to not be considered so lhol those types of spoces could be two stories in height without being counted twice. Certoin interior spoces such os closets, were they to be constructed in o height higher lhon 14' 6" would remoin colculoled on two levels. This omendmenl mokes the existing code consistent with the originol intent of the code chonge done severol yeors ogo. In terms of the strict 24 INDEX • Item No. 5 A 884 Recommended Approvol i 11 1W r City of Newport Beach Planning Commission Minutes`' March 18, 1999 INDEX application it would provide for some additional floor area for structures whose architecture included clerestory elements in foyers, stairwells and other of the excluded areas. Public comment was opened and closed. Motion was made by Commissioner Kranzley to adopt Resolution No. 1496 recommending approval of Amendment884 to the City Council. Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund Noes: None Absent: Fuller Abstain: None SUBJECT: Service Station Regulations Update Item No. 6 • Amendment 885 A 885 An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Continued to 4/8/1999 Municipal Code to update land use and property development regulations for service stations. Two drafts of the amendment to Chapter 20.80 are presented: one with provisions for the co- development of convenience markets and eating and drinking establishments with service stations and one without co- development provisions. Senior Planner Alford presenting the staff repor-bnoted the following: • First comprehensive revision to the Cify'g,service station regulations since o. a they were first adopted in 1972, ",,;;�,� `i. • This revision is the work o ? % qn Economic Development Committee consisting of EDC membeg and representatives of the Planning Commission. • Intended to correct land use regulations and property development regulations that are reflective of service stations in the early 1970's • Intended to correct regulations that prohibit common service stations such as minor maintenance and the selling of non - automotive merchandise. • Draft A contains updated land use and property development regulations, including provisions for the co- development of convenience markets and eating and drinking establishments. a. Convenience markets and eating and drinking establishments would be permitted with a use permit. b. Convenience markets would be required to have a minimum of 1,200 square feet of floor area • Draft B contains the same updated regulations, but without the co- 25 4