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HomeMy WebLinkAbout13 - Planning Commission Amendment 895p 4 �0i�coa +.r CITY OF NEWPORT BEACH COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92658 (949) 644 -3200; FAX (949) 644 -3250 Hearing Date: Agenda Item No.: Staff Person: January 11, 2000 13 Patrick J. Alford (949) 644 -3235 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Calculation of Residential Maximum Floor Area Limits (Planning Commission Amendment 895) 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 I) of the Zoning Code to partially exempt elevator shafts and similar vertical shafts from the calculation of residential floor areas. ACTION: 1) Conduct public hearing; and 2) Introduce Ordinance No. 2000 - and pass to second reading on January 25, 2000. Background • The City of Newport Beach regulates the amount of floor area permitted on residential properties. Residential floor area limits are expressed in terms of the gross floor area. Gross floor area is defined as the total area of all floors of a building measured from the outside face of the exterior walls, including elevator shafts at each level of the building. Normally, stairwells at each level of a building are also included in the calculation of gross floor area. However, earlier this year, the City adopted an amendment that exempts stairwells from being calculated as floor area on each level of the building. It was believed that if stairwells are exempted, then there should also be an exemption for vertical shafts. Analysis The proposed amendment would revise three sections of the Zoning Code to add an exception for elevator shafts and similar internal vertical shafts from being counted towards the gross floor area on each level of the building. Such internal vertical shafts would be calculated as floor area on one level only. • Planning Commission Action On December 9, 1999, the Planning Commission voted unanimously to recommend approval of • Amendment 895. Submitted by: Prepared by: Patricia L. Temple PATRICK J. ALFORD Planning Director Senior Planner Attachments: 1. December 9, 1999 Planning Commission staff report. 2. Draft December 9, 1999 Planning Commission minutes. 3. Draft ordinance. Amendment 895 January 11, 2000 Page 2 • EWPp 04/ a .� 6 a E t p � )r G �^ �9C,pp P�`r CITY OF NEWPORT BEACH Hearing Date: December 9, 1999 COMMUNITY AND ECONOMIC DEVELOPMENT Agenda Item No.: 5 PLANNING DEPARTMENT Staff Person: Patrick J. Alford 33� NEWPORT BOULEVARD (949) 644 -3235 NEV"P -T BEACH, CA 92658 (949) 644-3200; FAX (949) 644-3250 REPORT TO THE PLANNING COMMISSION SUBJECT: Calculation of residential maximum floor area limits 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 I) of the Zoning Code to partially exempt elevator shafts and similar vertical shafts from the calculation of residential floor areas. ACTION: Conduct public hearing; adopt Resolution No. recommending approval or modification of Amendment 895 to the City Council, or disapprove Amendment 895. Background The amendment was initiated by the Planning Commission on November 4, 1999. . Analysis The City of Newport Beach regulates the amount of floor area permitted on residential properties. Residential floor area limits are expressed in terms of the gross floor area. Gross floor area is defined as the total area of all floors of a building measured from the outside face of the exterior walls, including elevator shafts at each level of the building. Normally, stairwells at each level of a building are also included in the calculation of gross floor area. However, earlier this year, the City adopted an amendment that exempts stairwells from being calculated as floor area on each level of the building. The proposed amendment would revise three sections of the Zoning Code to add an exception for elevator shafts and similar internal vertical shafts from being counted towards the gross floor area on each level of the building. This internal vertical shaft would only be calculated as floor area on one level only. • j If adopted, the Zoning Code would be revised to read as follows: Section 20.10.030 (Property Development Regulation M) 0 Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, °'°eater shafts at each floor level, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Inlemal shafts shall bea counted as floor `'area onjone,lloor level only' 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 20.10.040 (B -2) 2. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevater shafts at each flee level; service and mechanical equipment rooms, and basement or attic areas F --,� having a height of more than 7 feet Internal 'shafts, such as elevator shafts; u uw wa opauaw va.uuaauvu�uaaaJV aaau aauuaaa .*.,,vc�u�at a}aaau auau�zw counted >ass floor area "ons one flocr level only 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 1) (1) The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevater shafts at each "^e- level service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internalslaftss ch`?ael`e tav oishafts counted -as floorarea`on-one x floorlevelonly 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. Floor Area limits December % 1999 Page 2 0 0 J Submitted by: PATRICIA L. TEMPLE Planning Director i PRIMP- v i...� Attachment: Draft resolution. Prepared by: PATRICK J. ALFORD Senior Planner Floor Area limits December 9, 1999 Page 3 J ORDINANCE 2000 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING 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 I) OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CALCULATION OF RESIDENTIAL FLOOR AREAS [AMENDMENT 895] WHEREAS, on April 26, 1999, the City of Newport Beach adopted an amendment to Title 20 of the Newport Beach Municipal Code providing that stairwells be calculated as floor area on one level only; and WHEREAS, in order to maintain consistency in the calculation of residential floor areas, an exception is needed to provide that elevator shafts and similar internal vertical shafts be calculated as floor area on one level only; and WHEREAS, on December 9, 1999, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on January 11, 2000, 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. 0 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 I) of Title 20 of the City of Newport Beach Municipal Code" shall be revised to read as provided in Exhibit "A." SECTION 2: The Mayor shall sign 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 January 11, 2000, and adopted on the 25th day of January, 2000, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 2 I EXHIBIT "A" 0 Section 20.10.030 (Property Development Regulation M) (M) 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 -1 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: 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. 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. Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic 'r areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. 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 limit. Living Room Kitchen Garage (Habitable) (Habitable) (Non - Habitable) Section 20.10.040 (B -2) B. Floor Area Limit 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. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. 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 E Section 20.41.060 (Property Development Regulation I) (I) The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms, and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts, ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non - habitable moms 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. 5 0 E 16 , iCity of Newport Beach Planning Commission Minutes December 9, 1999 modification to allow detached structures to be built 6 feet apart, where the Code requires 10 feet minimum. Ms. Temple noted that the applicant has requested that this application be continued to the meeting of January 6, 2000. Motion was made by Commissioner Kranzley to continue this item to January 6, 2000. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None SUBJECT: Calculation of residential maximum floor area limits • Amendment No. 895 . An amendment to Section 20.10.030 (Properly Development Regulation M), Section 20.10.040 (B -2) and Section 20.41.060 (Property Development Regulation 1) of the zoning Code to partially exempt elevator shafts and similar vertical shafts from the calculation of residential floor areas. At Commission inquiry, Ms. Temple noted that any useable floor area in excess of 48 inches is counted as floor area under the Zoning Code, if it is accessible. She then explained that the exception refers to internal shafts and includes a list of examples such as elevators, dumb waiters, ventilation and similar vertical shafts so it is intended that internal shafts count only on one level. If some other type of internal shaft that was not listed in this list but is otherwise similar in nature, the Planning Director could then determine if it substantially met the definition and benefit from the same exception. Public comment was opened and then closed. Motion was made by Commissioner Ashley to adopt Resolution No. 1512 recommending approval of Amendment 905 to the City Council. Ayes: Fuller, Ashley, Selich, Kranzley Noes: None Absent: Tucker, Gifford Abstain: None URIC' ArT. 14 INDEX Item No. 5 A No. 895 Approved