HomeMy WebLinkAbout16 - Minor Amendments to Zoning CodeTO:
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TITLE:
ABSTRACT:
CITY OF
NEWPORT BEACH
City Council Staff Report
March 24, 2015
Agenda Item No. 16
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt@newportbeachca.gov
Patrick J. Alford, Planning Program Manager
(949) 644 -3235
Initiate Minor Amendments to the Zoning Code
The City Council is requested to initiate a set of minor amendments to Title 20 (Zoning Code) to correct
errors and omissions.
RECOMMENDATION:
a) Find this action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section
15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and
b) Initiate an amendment to Title 20 to correct Zoning Code errors and omissions relating to bulkhead
setbacks, vehicle /equipment sales in the Commercial General Zoning District, encroachments in setbacks
abutting alleys, projection of architectural features and subterranean structural supports into required
setbacks, and off - street parking requirements for food service uses and single -unit dwellings with less than
4,000 square feet of floor area.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
DISCUSSION:
Staff has discovered several unintended changes to zoning regulations that were incorporated into the
Zoning Code when it was comprehensively updated in 2010 that need to be corrected:
1. The Bulkhead Setback regulation for residential and commercial properties incorrectly states that
structures shall be set back from the bulkhead. Based on the previous Zoning Code, the regulation should
state that the structures should be set back from the bulkhead line [Tables 2 -2 and 2 -3 of Section
20.18.030, Table 2 -7 of Section 20.20.030, and Tables 2 -10 and 2 -11 of Section 20.22.030].
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2. The "vehicle /equipment sales" land use category was inadvertently omitted as a conditionally
permitted use in the Commercial General (CG) Zoning District. The CG Zoning District is intended to
provide for areas appropriate for a wide variety of commercial activities oriented primarily to serve Citywide
or regional needs. The "vehicle /equipment sales' land use category includes the sale of automobiles,
construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles and equipment.
This land use was allowed with a conditional use permit in the CG Zoning District predecessors.
Therefore, it is an appropriate conditional use for the CG Zoning District [Table 2 -5 of Section
20.20.020.A].
3. Ground -level encroachments in both rear and side yard setbacks abutting an alley are prohibited.
However, the intent is to prohibit the ground -level encroachments only in the rear yard area in order to
maintain adequate clearance for vehicular maneuvering in the alley. Therefore, the Zoning Code should be
amended to clarify that no encroachment obstructions at the ground level are allowed within the required
rear setback area of a lot abutting an alley [Section 20.30.110].
4. Architectural features such as roof overhangs, brackets, cornices, and eaves are not allowed to come
closer than thirty (30) inches to a side property line. The previous Zoning Code allowed such architectural
features to come up to twenty -four (24) inches of a side property line. However, this was increased to thirty
(30) inches based on anticipated change to the Building Code that later proved to be erroneous.
Therefore, this requirement can be reduced back to twenty -four (24) inches [Section 20.30.110.D.3].
5. Subterranean structural supports, such as foundations, basement walls, and caissons are permitted to
encroach into a required setback area up to twelve (12) inches, provided they are located at least twenty -
four (24) inches from any property line. The Building Code is a more appropriate regulatory method to
project adjacent properties from geologic hazards associated with such improvements. Therefore, this
zoning regulation is not needed and can be deleted [Section 20.30.110.D.101.
6. The off - street parking requirement for "food service" land uses incorrectly excludes a portion of the
outdoor dining area. Based on the previous Zoning Code, the correct standard should exclude a portion of
the outdoor area based on the amount interior dining area [Table 3 -10 of Section 20.40.040].
7. The off - street parking requirement for "single -unit dwellings" with less than 4,000 square feet of floor
area is based on "habitable floor area" (i.e., areas for sleeping, living, cooking, or dining purposes), while
the off - street parking requirement for all other dwelling unit types are based on gross floor area. This
inconsistency should be corrected to gross floor area for every type of dwelling unit [Table 3 -10 of Section
20.40.040].
Should the City Council choose to initiate these amendments, staff will prepare the appropriate revisions to
the Zoning Code and schedule the amendment for public hearings before the Planning Commission for
review and recommendations.
ENVIRONMENTAL REVIEW:
This action exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15262
(feasibility and planning studies) of the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because the initiation of the Municipal Code Amendment is not the adoption of a legally binding
plan or regulation and merely directs staff to analyze the suggested amendments and present a
recommendation for future action. Environmental analysis will be performed consistent with CEQA prior to
acting on any proposed code amendment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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