Loading...
HomeMy WebLinkAbout12 - Modification Permit Procedures0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Study Session Agenda Item No. SS2 October 12, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford(cDcity. newport- beach.ca.us SUBJECT: Potential Revisions to Modification Permit Procedures ISSUES: Should the modification permit procedures be revised to require additional findings and replace the Modifications Committee with a zoning administrator? • RECOMMENDATION: Review staff report and provide direction to staff. DISCUSSION: Background: On November 25, 2003, the City Council held a public hearing on Code Amendment 2003- 080, which would revise the findings required to approve a modification permit. The City Council continued the hearing for several months in order to have the Modification Committee conduct a parallel review of modification permit applications using the proposed findings. The intent was to provide an indication of the effect on the proposed findings on actions by the Modifications Committee. The parallel review exercise also revealed ongoing difficulties with the modification process, which could be remedied by replacing the Modifications Committee with a zoning administrator. • Modification Permit Procedures October 12, 2004 Page 2 Introduction: Modification permits were established with the intent of providing relief when the strict literal interpretation and enforcement of property development regulations would be inconsistent with the general purpose of the Zoning Code. The Modification Committee, which is composed of staff representatives from Planning, Building, and Public Works, has the authority to approve or deny modification permits. Currently, only one finding is required to approve a modification permit: In order to grant relief to an applicant through a modification permit, the Modifications Committee shall find that the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City, and further that the proposed modification is consistent with the legislative intent of this code. If the proposed amendment is adopted, three findings would be required to approve a modification permit: • The granting of the application is necessary due to the physical constraints of the • property, such as legal nonconforming structures, size, shape, topography or lot orientation, and that the strict application of the Zoning Code results in hardships that are inconsistent with the purpose and intent of the Zoning Code. 2. The requested modification will be compatible with existing development in the neighborhood. 3. The granting of such an application will not adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Analysis: The Parallel Review Beginning on January 1, 2004, applicants for modification permits were required to provide a written statement incorporating the three proposed findings to justify the modification. At the end of each meeting, the Modifications Committee remained in session and reviewed each application on the agenda for a second time using the project justification statement to determine if the three proposed findings could be made. • Modification Permit Procedures October 12, 2004 Page 3 • From January 28, 2004 to May 26, 2004, the Modifications Committee reviewed 34 modification permit applications that would have been subject to the proposed findings. Using the existing findings, only one of 34 applications (2.9 %) was denied. Using the proposed findings, 16 applications (47 %) would have been denied. It should be noted that the applicants did not actively participate in the parallel review process. The Modifications Committee conducted the parallel review using only the project justification statement provided by the applicant and information disclosed during the public hearings. In an actual public hearing situation, an applicant might be able to provide additional information that could result in a different outcome. Likewise, applicants might also opt to revise their applications to make them more likely to meet all of the proposed required findings. Therefore, the high percentage of denials may not be indicative of the outcome of future modification permit hearings, should the proposed findings be adopted. Nearly all (87.5 %) of the applications were denied in the parallel review only because they failed to meet Finding No. 1. This finding is intended to address the Council's concern of abuse of the City's development standards pertaining to setback limitations and building design /configuration. With this finding, an applicant would be required to clearly provide facts that demonstrate the need to deviate from the Code. Specifically, an • applicant would need to show the modification is necessary due to physical limitations present on a particular property, as opposed to simply wanting the modification to accommodate a particular design. The Modifications Committee would be directed to consider the physical aspects of the property and /or location of existing structures that do not generally apply to other properties in the immediate vicinity. Staff recently met with three architects who regularly represent modification permit applicants to discuss the proposed changes to the modification permit process. All three expressed concerns over Finding No.1. Specifically, they believed that Finding No. 1 requires that the property be unique and that this would preclude the approval of modifications that are consistent with the development pattern in the surrounding area. To address these concerns, the City Council may consider revising Finding No. 1 to remove the references to size, shape, topography, and other the physical constraints of the property to read as follows: 1. The granting of the application is necessary due to practical difficulties associated with the property and that the strict application of the Zoning Code results in hardships that are inconsistent with the purpose and intent of the Zoning Code. • ' Required findings for lot line adjustments, tentative parcel maps, condominium conversions, and similar applications assigned to the Modifications Committee would not be changed. Modification Permit Procedures October 12, 2004 Page 4 Zoning Administrator The Modifications Committee is subject to the Brown Act2. As a result, Modification Committee members are prohibited from discussing applications outside of open meetings. This has proved to be problematic since it precludes Building, Planning, and Public Works staff members from reviewing an application together in advance of the meeting. In fact, staff members must visit project sites individually. In contrast, all other applications (use permits, variances, parcel maps, etc.) are routinely distributed to these departments for comments and recommendations before they are submitted to the decision - making body. Thus, the Modifications Committee cannot take full advantage of the review process without risk of violating the Brown Act. Furthermore, the Modification Committee's review of the application at the hearing has been said to appear as "deal making" as they attempt to reach a consensus. One solution to this problem is to replace the Modifications Committee with a zoning administrator. Zoning administrators are used by numerous communities to serve as a hearing officer and to render decisions on minor discretionary applications. The zoning administrator would be a qualified Planning Department staff member, appointed by the Planning Director. Since the decision - making authority would be assigned to a single staff member, the zoning administrator would be free to consult with other departments without violating the Brown Act. The zoning administrator would have the authority to render decisions on applications currently assigned to the Modifications Committee. In addition, there are approximately a dozen duties requiring approval authority assigned to the Planning Director by the Zoning Code, which could be transferred to the Zoning Administrator. Public notice and appeal procedures would not be affected. Prepared by: Patrick J. A ord Senior Planner Attachments: 1. Modification Permit Findings Study. 2. Correspondence. Submitted by: Patricia L. Temple Planning Director • E Z The Ralph M. Brown Act establishes the basic requirements for open meetings and notice of hearings • for commissions, boards, councils, and other public agencies. 0 • • 7 U U U U d d n L o O m v v ° m e m y L n o m o nL z v u ¢ E ¢ d v v v v v v v v v v vO v v E O O O C O C O V C C o C C C C C M d N O. d d d N d d d d d d d 0 0 a 0 0 0 nano 0 0 0 a 0 0 0 0 Ov ¢ Q Q Q Q Q ¢¢ Q n m} } } } } } } } } } } } } } } } } } } } } } } z z } } } } } } } } } >y c p' LL N N C m Z5 } } } } } } } } } } } } } } } } } } } } } } } z Z } } } } } } } } } IL � LL } C D Z } Z Z } Z } Z Z Z Z Z Z } } } } Z Z } } } } Z } } Z } VC N LL C7 v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v z N N N N N d N N d N N N N N N N d N N N N N N N N N N N N N N N N c > > > > > > > > > > > > > > > > > > > > > > > > V > > > > > > > > > 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 d 0 0 0 0 0 0 0 0 0 z a a a C LL Q Q ¢ ¢ Q Q Q Q ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Q ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ H O K u0i O y > v � V CL LL �m O vd� °>'m m m LL = — i= Bo' s m 2vom°vcv a ca m > o = d c Q K m F c a_ in y> Q ... O m 0 ar m r �c d d m c y ar c= U m y y y= v o LL'� c y u 2 y••c N d m O c d'S E m 0 LL D Q >> =0 Ol y d c .. J p S C >N .c 0 d N V >> d O) N m m J O V G F r0 C Q �� dNL O p0T J OJD c c O W.-Oj V X Nm m m W N CSC v d X �N COQ 'E V O 0 E c m� r. ca 0 > 2 ?� n o `X r. ErS � m� m m w o� m m� d °iIui m m um) o a 2t ED m m 0 m c vo V7S-00 o a ma 0 d m(7m y_ V oa o V �mmv) }y c NO» I� 000 020 ONO) V I�mO) W O)0 co 2m V— I NN 0, 0 V i 0 O O O O O I O O O O —M N O M n O O C O N V M O N N00 W ONm MONNiO �pNNNth O) N ip V ipO e0 SON NN�O {SON_ W Q V Np�ui iO �N�N� V Nn �N—NNC7 NN�c7NN� OOp -- W N N 0 M V n V N �i�pOpN co m� O0 n m W T 70000 N O O OO — O 00 O 00 M 0 y 0 0 �O 0 �O 0ryaa0O 0rya 8ryrya 0 0ryrya,O 0ryrya 0rya 0 0 9yy 0ryry0y Oyy Oyy —rya —a — z U O O y a O 0 O O O a yO y O yO y }} } } J} }} }} O O O } } yy y O ryryQ Q 8 Q Q 8 Q ryry S ryryry 0000 ry ry ryry ryry ryry 00 ry ry 8 Q 0000000 ry� 0 ryry0y 00000000a ryry0y ry0 ryO ryO Q ryO Q Q aaa aaa a as a aaaaaaa a aaaaaaa a aaaaaaaaa mN V NCO n M O —N V iO fD W O) O NfD fD I�NO) W NO i co W ISO) 0-0000 Z-0000 O O O 00 O O 0 0 0 0 000 N O N 0000000 N N N N N N N 0 m 00000000000 m m m m m m m g4 44 V V V V V V V V V g V V V V V V V V V V 4 44444 4o j 0 0 O O O O O O O O O O O O O 0 O 0 O 0 O 0 O 0 0 O 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 00000 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N 000000 0 00 0 0000000 0 0000000 0 000000000 ¢22222 2 a 00000 s O 0 O 00 a O 8 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 O O O c N N N N N N N N N 0000000 NNNNNNN 0 N 0000000 N N N N N N N O N O N O N 00000 N N N N N N N y W W CO CO CO NM M MO_ nn V V V I� nn V V� W W N N N N N N M M CO CO 'C 'm > wmmmmm m mm U U m U `m L °O L L °� L L °� L a Q QQ C C m m �gmmmmmmm m 0==222 2 2 2 g m m m m m m m <<<<< 2 2 y c c a a a a a 222222 1> 7 9- 29 -04; 8 ;09AM;Brian S. Jeannette SUPPLEMENTAL APPLICATION: PROJECT JUSTIFICATION REQUEST ;9496455983 # r/ 1 The City Council has directed the Modifications Committee to study and document the following: Review and evaluate all newly submitted Modification Permit Applications utilizing the three project criteria listed below. The study will encompass Modifications Committee agenda items for approximately four inonths. The supplemental application information will be discussed and evaluated by the Modifications Committee at the end of the meeting, separately and apart of the decision making process. This case study information will be presented to the City Council as supporting.documenlation in their review of a proposed Code Amendment (Amendment to the Zoning Code). The intent of the code amendment is to establish objective findings or revise current Modification Permit Findings utilized by the Modifications Committee in the decision making process. Therefore, effective January 1, 2004, all Modification Permit applications received in the Planning Department shall include a written applicant's statement addressing the three project criteria listed below (applications submitted without the accompanying statement may be deemed in plete which may cause a delay in the processing of the application). Additional Information Request: Please provide a detailed description of the proposed request in relation to each of these criteria and clearly state only the objective reasons for requesting a Modification Permit. (Attach additional sheets if necessary). Protect Criteria:_ / y yfir��^""f a ' � ' MAP. 4 wop P- *PWI -d `- / �f- ,1914aP iONiI>`/�A1�7 C �ro�AA+ Nvn COn. � 4 /aF � 5�p r fi0�° bk rn+w,,o� � rb � ar A. how does strict application of the Zoning Code result in hardships that are inconsistent with the purpose and intent of the Zoning Code? PAWt NUEMPIPMEA B. How will the requested modification be compatible with existing developrnent(s) in the neighboihuud? �''" /ADP l5 j W fry e mtityi 7 . f?s e4--1 _ C. How and why will the granting of such an application not adversely affect the health or safety of persons residing or working in the neighborhood of the property tWr4bk%�Vetnrnental to the general welfare: ur injurious to properly or improvements in the neighborhood? P-U -jke &A41Vfi %MAO oplvd/Aoo k- , Application Identification (For Office Use Only) • F' \USERS \PLN \Shnrc:d \Mods 2003 \SUP1J-APP Criwria'12- 0 03.dor,. Alford, Patrick From: Sk000ler @aol.com t: Wednesday, September 22, 2004 11:30 AM palford @city.newport- beach.ca.us; email @customarchitecture.com Subject: Mod squad Hi Pat. If I don't do this know it won't get done. After reviewing the findings or project criteria I like what I see except # A. I believe a simpler aproach would solve my concerns. Something like this A. How is the granting of this application consistant with the purpose and intent of the Zoning Code. Thanks Todd Schooler • • 1 7