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HomeMy WebLinkAbout17 - Minor Amendments to Newport Beach Zoning Code (PA2015-056)CTY OF F NEWPORT BEACH City Council Staff Report May 26, 2015 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Patrick Alford, Planning Program Manager PHONE: (949) 644 -3235 TITLE: Minor Amendments to Newport Beach Zoning Code (PA2015 -056) ABSTRACT: The application consists of minor amendments to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010. RECOMMENDATION: a) Conduct a public hearing; b) Find that the adoption of Code Amendment No. CA2014 -005 is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations); Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378); and under CEQA Regulation Section 15061(b)(3) because the amendment has no potential for causing a significant effect on the environment; and c) Introduce Ordinance No. 2015 -15, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Correct Unintended Changes to Zoning Regulations that were Created with the Comprehensive Update in 2010 (PA2015 -056), approving Code Amendment No. CA2015 -005 (Staff Report Attachment No. CC 1), and pass to second reading on June 9, 2015. FUNDING REQUIREMENTS: There is no direct fiscal impact related to this item. DISCUSSION: Background The Zoning Code (Title 20 of the Newport Beach Municipal Code) was comprehensively updated in 2010 to 17 -1 implement the policies of the 2006 General Plan. Staff has discovered several unintended changes to regulations that were incorporated into the Zoning Code when it was comprehensively updated in 2010. These unintended changes need to be corrected in order to appropriately implement the policies of the General Plan and maintain internal consistency within the Zoning Code. On March 11, 2014, the City Council initiated the Code Amendment, and on April 23, 2015, the Planning Commission held a public hearing on the proposed amendments. The Commission's recommendations are discussed further below. Analysis The three areas to be modified are located within Zoning Code Chapters 20.20, 20.30, and 20.40. The first modification will permit Vehicle /Equipment Sales in the Commercial General (CG) Zoning District. The second modification will clarify allowable various building /structure encroachments in building setback areas, and the third modification will correct parking requirements for outdoor dining areas and single -unit dwellings. Each of the proposed revisions is discussed further below, and the amended zoning text is shown in a redline /strikeout format in Attachment No. CC 2. 1. CG District Vehicle /Equipment Sales (Item 1 of Attachment No. CC 2) 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 category was inadvertently omitted as a permitted use in the Commercial General (CG) Zoning District. As most of the City's automobile dealerships are located in the CG Zoning District, existing dealerships were inadvertently made legal nonconforming land uses. 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. Vehicle /equipment sales were allowed within the predecessor zoning district to the CG Zoning District. Furthermore, the "vehicle /equipment rental" land use category is a permitted use in the CG Zoning District. Therefore, vehicle /equipment sales are an appropriate land use for the CG Zoning District. The proposed amendment would establish land use regulations for vehicle /equipment sales that mirror those for vehicle /equipment rentals in the CG District. "General" vehicle /equipment sales, which may include the sale, installation, and servicing of related equipment and parts would require a conditional use permit. "Limited" vehicle /equipment sales, which may include minor maintenance and incidental rental, would be permitted by right, provided that the use does not include maintenance and /or repair requiring pneumatic lifts, "Office only" vehicle /equipment sales would continue to be permitted by right. 2a. Encroachments into Alley Setbacks (Items 2 and 3 of Attachment No. CC 2) Ground -level building and /or structure encroachments in both the rear and side yard setbacks abutting an alley are prohibited. However, the correct 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, a restriction of the Zoning Code should be amended to clarify that ground -level building /structure encroachments are only prohibited within the required rear setback area of a lot abutting an alley. 2b. Architectural Projections into Setbacks (Items 4, 5, and 6 of Attachment No. CC 2) The Zoning Code allows certain structural features to project into required setback areas, such as roof overhangs, brackets, cornices, and eaves; awnings and canopies; and fireplaces and chimneys. The previous Zoning Code allowed such architectural features to come up to twenty -four (24) inches of a side property line. The Code update increased the setback to be to no closer than thirty (30) inches to a side property line; however, this was based on an anticipated change to the Building Code that later proved to be erroneous. Therefore, this requirement can be reduced back to twenty -four (24) inches. 17 -2 2c. Subterranean Structural Supports (Item 7 of Attachment No. CC 2) 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 setback areas required by the Zoning Code are for the proposes of establishing 'open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards." These purposes are not applicable to subterranean structural supports, such as foundations and caissons, which are more appropriately regulated by the Building Code in terms of light, ventilation, fire rating, and ingress and egress. Therefore, this encroachment limitation can be deleted for foundations and caissons. The twelve (12)- inch setback encroachment limitation for basement walls would remain. It is important to note that the City has not allowed habitable floor area that is located below grade to encroach into required setbacks without the approval of a modification permit or variance. 3a. Off - Street Parking for Food Service Uses (Item 8 of Attachment No. CC 2) The off - street parking requirement for "food service" land uses incorrectly excludes a portion of the outdoor dining area. Based on the previous Code, the correct standard should exclude a portion of the outdoor area based on the amount interior net public area. "Net public area" is the area used to serve customers, including of customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas. In 1995, the Zoning Code was amended to enhance and encourage opportunities for outdoor dining at restaurants. As an incentive, off - street parking was not required for outdoor dining areas up to twenty -five (25) percent of the interior net public area, or one thousand (1,000) square feet, whichever is less. This amendment would restore that incentive. 3b. Single -Unit Dwellings Off - street Parking (Item 8 of Attachment No. CC 2) The off - street parking requirement for "single -unit dwellings' with less than four thousand (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 is based on "gross floor area." This inconsistencv should be corrected to 'cross floor area" for every tvoe of dwellino unit. Plannina Commission Recommendation On April 23, 2015, the Planning Commission conducted a public hearing on the proposed amendments. The Commission voted (5 -0) to recommend approval of the amendment (see Attachments No. CC 3 and No. CC 4). Alternatives The City Council has the option to: 1. Modify the language of any of the proposed changes, and then introduce the draft ordinance, as modified, and pass to second reading on June 9, 2015, approving Code Amendment No. CA2015 -005. However if Council proposes to adopt a substantial change to the amendment not previously considered by the Commission, the proposed change shall be first referred to the Commission for its recommendation; or 2. Deny the proposed amendment 17 -3 ENVIRONMENTAL REVIEW: The code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. Allowing "vehicle /equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a change in land use or density because the CG Zoning District currently allows "vehicle /equipment rentals" and "vehicle /equipment repair" with the approval of a conditional use permit; therefore, the characteristics of, and activities associated with, "vehicle /equipment sales" are equivalent to those of "vehicle /equipment rentals" and "vehicle /equipment repair," and would not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts. Additionally, the code amendment is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060 (c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Lastly, this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. NOTICING: Notice of this application was published in the Daily Pilot at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS: Description Attachment CC 1 - Draft Ordinance Attachment CC 2 - Code Amendment No. CA2015 -005 Attachment CC 3 - April 23, 2015 Planning Commission Staff Report Attachment CC 4 - April 23, 2015 Draft Planning Commission Minutes 17 -4 r_1ir_xy:IiTllaki riK•s ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 20 (ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE TO CORRECT UNINTENDED CHANGES TO ZONING REGULATIONS THAT WERE CREATED WITH THE COMPREHENSIVE UPDATE IN 2010 (PA2015 -056) WHEREAS, in 2010 the City Council of the City of Newport Beach ( "City ") adopted a comprehensive update to the City's Zoning Code as codified in Newport Beach Municipal Code Title 20; WHEREAS, following the adoption of the comprehensive update staff has discovered a limited number of unintended changes that were inadvertently included in the Zoning Code; WHEREAS, these unintended changes in zoning regulations require correction to appropriately implement the policies of the General Plan and maintain internal consistency within the Zoning Code; WHEREAS, on March 24, 2015, the City Council initiated an amendment of the Zoning Code to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010; WHEREAS, the Planning Commission held a public hearing on April 23, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission voted to recommend the City Council adopt the recommended amendments to Newport Beach Municipal Code Title 20; and WHEREAS, the City Council held a public hearing on May 26, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Table 2 -5 of Newport Beach Municipal Code Subsection 20.20.020(A) is hereby amended, in part, to read as follows: Vehicle/Equipment Sales General — CUP — -- Office Only P I P P P P Limited -- I P — — I -- 17 -5 City Council Ordinance No. 2015 -_ Page 2 of 4 Section 2: Newport Beach Municipal Code Subsection 20.30.110(D)(1)(c) is hereby amended to read as follows: C. Alleys. No encroachments at the ground level are allowed within the required rear setback area of a lot abutting an alley. Rear setback areas abutting alleys shall be kept clear of obstructions. Section 3: Newport Beach Municipal Code Subsection 20.30.110(D)(2)(a) is hereby amended to read as follows: a. Accessory structures, including housings for mechanical equipment, not more than six feet in height and totaling no more than one hundred fifty (150) square feet per structure, may be located within a required side or rear setback area other than a rear setback area abutting an alley. Section 4: Newport Beach Municipal Code Subsection 20.30.110(D)(3)(a) is hereby amended to read as follows: a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30) inches into a required front, side, or rear setback area, including required third floor front or rear setbacks; provided, that no architectural feature shall project closer than twenty -four (24) inches from a side property line and a minimum vertical clearance above grade of at least eight feet is maintained. Section 5: Newport Beach Municipal Code Subsection 20.30.110(D)(4)(a)(ii) is hereby amended to read as follows: ii. Side: zero feet, except over doors up to twenty -four (24) inches from property line, maximum width shall not exceed the standard width of a door plus twelve (12) inches. Section 6: Newport Beach Municipal Code Subsection 20.30.110(D)(7)(b) is hereby amended to read as follows: b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that are less than nine feet in width may encroach up to thirty (30) inches into a required side setback area; provided, that the encroachment shall be at least twenty -four (24) inches from the side property line. Section 7: Newport Beach Municipal Code Subsection 20.30.110(D)(10) is hereby amended to read as follows: 10. Basement Walls. Basement walls that are located completely below grade may encroach into a required setback area up to twelve (12) inches. 17 -6 City Council Ordinance No. 2015 -_ Page 3 of 4 Section 8: Table 3 -10 of Newport Beach Municipal Code Section 20.40.040 is hereby amended, in part, to read as follows: 1 per 30-50 sq. ft. of net public area, including outdoor dining areas exceeding Food Service with /without alcohol, with /without late hours 25% of the interior net public area or 1,000 sq. ft., whichever is less. See Section 20.40.060 Single -Unit Dwellings— Detached and less than 4,000 sq. ft. of 2 per unit in a garage floor area Section 9: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. Section 10: This code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act ( "CEQA ") Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. The properties involved have an average, slope of less than 20 percent and the proposed amendment would not result in any changes in land use 'or density. Allowing "vehicle /equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a change in land use or density because the CG Zoning District currently allows "vehicle /equipment rentals" and "vehicle /equipment repair' with the approval of a conditional use permit; therefore, the characteristics of, and activities associated with, "vehicle /equipment sales" are equivalent to those of "vehicle /equipment rentals" and "vehicle /equipment repair," and would not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts. Additionally, the City Council finds the approval of this ordinance is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The City Council also finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 11: Except as expressly modified in this ordinance, all other sections, subsections, tables, sentences, terms, clauses and phrases set forth in the City's Zoning Code shall remain unchanged and shall be in full force and effect. Section 12: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, 17 -7 City Council Ordinance No. 2015 -_ Page 4 of 4 sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 13: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. Pursuant to Newport Beach Municipal Code Section 20.66.070 this ordinance shall be effective thirty (30) days after its approval. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of , 2015, and adopted at a regular meeting of the City Council of Newport Beach, held on the _ day of , 2015, by the following vote, to wit: AYES. COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS EDWARD D. SELICH, MAYOR APPROVED AS TO FORM: THE CIT ORJEY'S OFFICE Afl /--- CFe AARON C.qA-lAP. CITY ATTORNEY ATTEST: LEILANI I. BROWN, CITY CLERK 17 -8 ATTACHMENT CC 2 Code Amendment No. CA2015 -005 1. The following rows of Table 2 -5 of Section 20.20.020.A are revised as follows with all other provisions of Table 2 -5 Section 20.20.020.A remaining unchanged: Land Use See Part 7 of this title for Specific land use definitions. See CC CG CM CN Cv Use Chapter 20.12 for Regulations unlisted land uses. Vehicle /E ui ment Sales General CUP - -- - -- =9w pmei;t P P P P P dales Office Limited P -- 2. Section 20.30.110.D.1.c revised as follows with all other provisions remaining unchanged: C. Alleys. No encroachments at the ground level are allowed within the required rear setback area of a lot abutting an alley. All alley Rear setback areas abutting alleys shall be kept clear of obstructions. 3. Section 20.30.110.D.2.a revised as follows with all other provisions remaining unchanged:: a. Accessory structures, including housings for mechanical equipment, not more than six feet in height and totaling no more than one hundred fifty (150) square feet per structure, may be located within a required side or rear setback area other than these a rear setback area abutting an alley. 4. Section 20.30.110.D.3.a revised as follows with all other provisions remaining unchanged:: a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30) inches into a required front, side, or rear setback area, including required third floor front or rear setbacks above tweRtyfewi: (24) feet; provided, that no architectural feature shall project closer than thirty (3) twenty -four (24) inches from a side property line and a minimum vertical clearance of at least eight feet above grade of at least eight feet is maintained. 5. Section 20.30.110.D.4.a.ii revised as follows with all other provisions remaining unchanged:: ii. Side: zZero feet, except over doors up to thii4y (39) twenty -four (24) inches from property line, maximum width shall not exceed the standard width of a door plus twelve (12) inches. 17 -9 6. Section 20.30.110.D.7.b revised as follows with all other provisions remaining unchanged:: b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that are less than nine feet in width may encroach up to thirty (30) inches into a required side setback area; provided, that the encroachment shall be at least thirty twenty -four (24) inches from the side property line. 7. 20.30.110.D.10 revised as follows with all other provisions remaining unchanged:: 10. FGYRdatiGRG, Basement Walls, and Structural c,,pperrr F96I .datiens base eRt Basement walls, and their StMetuFal supperts (ea'ssons) that are located completely below grade may encroach into a required setback area up to twelve (12) inches, provided they „ IGGated at yeast twenty fOUF (on) ;.,Ghes fFOFn aRy pFepeq "Re. 8. The following rows of Table 3 -10 of Section 20.40.040 are revised as follows with all other provisions of Table 3 -10 of Section 20.40.040 remaining unchanged: Land Use Parking Spaces Required 1 per 30 -50 sq. ft. of net public area, including outdoor dining areas, but excluding Food Service with /without alcohol, with /without late hours the firs exceeding 25% of the interior net public area or 1,000 sq. ft. of eutdeer dia ag area, whichever is less. See Section 20.40.060 Single -Unit Dwellings— Detached and less than 4,000 sq. ft. of 2 per unit in a garage habitable floor area 17 -10 ATTACHMENT CC 3 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT April 23, 2015 Meeting Agenda Item No. 4 SUBJECT: Minor Amendments to Newport Beach Zoning Code (PA2015 -056) • Code Amendment No. CA2015 -005 APPLICANT: City of Newport Beach PLANNER: Patrick Alford, Planning Manager (949) 644 -3235, palford @newportbeachca.gov PROJECT SUMMARY The application consists of minor amendments to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010. The amendments are located within Chapters 20.20, 20.30, and 20.40 and will permit Vehicle /Equipment Sales in the Commercial General (CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, and clarify allowable building encroachments. RECOMMENDATION 1) Conduct a public hearing; and 2) Adopt Resolution No. recommending City Council approval of Code Amendment No. CA2015 -005 (Attachment No. PC 1). INTRODUCTION Background The Zoning Code (Title 20 of the Newport Beach Municipal Code) was comprehensively updated in 2010 to implement the policies of the 2006 General Plan. Staff has discovered several unintended changes to zoning regulations that were incorporated into the Zoning Code when it was comprehensively updated in 2010. These unintended changes need to be corrected in order to appropriately implement the policies of the General Plan and maintain internal consistency within the Zoning Code. On March 24, 2015, the City Council initiated the Code Amendment. The proposed amendments to the Zoning Code are depicted in redline /strikeout format in Exhibit A of the draft resolution (Attachment PC 1) and are discussed below. 17 -11 Zoning Code Minor Amendments April 23, 2015 Page 2 CG District Vehicle /Equipment Sales (Item 1 of Exhibit A) 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 category was inadvertently omitted as a permitted use in the Commercial General (CG) Zoning District. As most of the City's automobile dealerships are located in the CG Zoning District, existing establishments were inadvertently made nonconforming uses. 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. Vehicle /equipment sales were allowed with in the predecessor to CG Zoning District. Furthermore, the "vehicle /equipment rental" land use category is a permitted use in the CG Zoning District. Therefore, vehicle /equipment sales are an appropriate land use for the CG Zoning District. The proposed amendment would establish land use regulations for vehicle /equipment sales that mirror those for vehicle /equipment rentals in the CG District. "General" vehicle /equipment sales, which may include the sale, installation, and servicing of related equipment and parts would require a conditional use permit. "Limited" vehicle /equipment sales, which may include minor maintenance, and incidental rental, but does not include maintenance and /or repair requiring pneumatic lifts, would be permitted by right. "Office only" vehicle /equipment sales would continue to be permitted by right. The proposed amendment is to Table 2 -5 of Section 20.20.020.A of the Zoning Code Encroachments into Alley Setbacks (Items 2 and 3 of Exhibit A) 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 The proposed amendment is to Section 20.30.110.D.1.c of the Zoning Code. Architectural Projections into Setbacks (Items 4, 5, and 6 of Exhibit A) The Zoning Code allows certain structural features to project into required setback areas, such as roof overhangs, brackets, cornices, and eaves; awnings and canopies; and fireplaces and chimneys. The previous Zoning Code allowed such architectural features to come up to twenty -four (24) inches of a side property line. The Code update 17 -12 Zoning Code Minor Amendments April 23, 2015 Page 3 increased the setback to be to no closer than thirty (30) inches to a side property line; however, this was based on an anticipated change to the Building Code that later proved to be erroneous. Therefore, this requirement can be reduced back to twenty -four (24) inches. The proposed amendment is to 20.30.110.D.3.a, Section 20.30.110.D.4.a.ii, and Section 20.30.110.D.7.b, of the Zoning Code. Subterranean Structural Supports (Item 7 of Exhibit A) 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 setback areas required by the Zoning Code are for the proposes of establishing "open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; space for privacy, landscaping, and recreation; protection of natural resources; and safety from fire and geologic hazards." These purposes are not applicable to subterranean structural supports, such as foundations and caissons, which are more appropriately regulated by the Building Code in terms of light, ventilation, fire rating, and ingress and egress. Therefore, this encroachment limitation can be deleted for foundations and caissons. The twelve (12) setback encroachment limitation for basement walls would remain. The City has never permitted habitable floor area to encroach into required setbacks without the approval of a modification permit or variance. This amendment is to Section 20.30.110.D.10 of the Zoning Code. Off - Street Parking for Food Service Uses (Item 8 of Exhibit A) 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 net public area. "Net public area" is the area used to serve customers, including customer sales and display areas, customer seating areas, service counters, and service queue and waiting areas. In 1995, the Zoning Code was amended to enhance opportunities for outdoor dining at restaurants. As an incentive, off - street parking was not required for outdoor dining areas up to twenty -five (25) percent of the interior net public area, or one thousand (1,000) square feet, whichever is less. This amendment would restore that incentive. The proposed amendment is to Table 3 -10 of Section 20.40.040 of the Zoning Code 17 -13 Zoning Code Minor Amendments April 23, 2015 Page 4 Single -unit Dwellings Off - street Parking (Item 9 of Exhibit A) The off - street parking requirement for "single -unit dwellings" with less than four thousand (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 This amendment is to Table 3 -10 of Section 20.40.040 of the Zoning Code. ENVIRONMENTAL REVIEW Staff recommends the Commission find the project is categorically exempt under Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines - Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. The properties involved have an average slope of less than 20 percent and the proposed amendment would not result in any changes in land use or density. Allowing "vehicle /equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a change in land use or density because the CG Zoning District currently allows "vehicle /equipment rentals" and "vehicle /equipment repair' with the approval of a conditional use permit; therefore, the characteristics of, and activities associated with, "vehicle /equipment sales" are equivalent to those of "vehicle /equipment rentals" and "vehicle /equipment repair," and would not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts. PUBLIC NOTICE Notice of this amendment was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by: Submitted by: Patrick J. Alford, Planning Program Br n a Wisnes i, ICP, Deputy Director Manager 17 -14 Zoning Code Minor Amendments April 23, 2015 Page 5 ATTACHMENTS PC 1 Draft Resolution 17 -15 ATTACHMENT CC 4 NEWPORT BEACH PLANNING COMMISSION MINUTES NOES: None ABSTENTIONS: None A SENT: Koetting and Myers DREWRY DECK VARIANCE (PA2015 -040) 917 West Bay Avenue 4123/15 Senior Plan r Gregg Ramirez provided a PowerPoint presentation describing the request fora econd floor deck that wou encroach 2 -feet into the 10 -foot front yard setback. He also provided inform ion regarding the property to tion, site plan, existing conditions, surrounding properties with similar ncroachments, required findings r variance approval. He further explained that staff's recommends' n for denial was because all the findin s for approval could not be made. In reply to Commissioner awler's inquiry regarding the property at 911 West Bay enue that was granted a discretionary approval, Se r Planner Ramirez reported that it fell under old r gulations and, prior to the 2010 comprehensive Code pdate, approval of a modification permit uld allow that type of an encroachment and that the mo ' ication permit findings were easier to make. Chair Tucker commented on the latqe number of modification permits plied for prior to the 2010 Zoning Code update. He added that at some oint fewer exceptions were alto ed. In response to Commissioner HillgrenX inquiry relative to special dispensations for architectural enhancements, Senior Planner Ramirez repkted there are gen al architectural guidelines in the Code. He added that if the Commission approves staffs ecommendaf n and denies the request the applicant could appeal the decision to the City Council. Commissioner Brown commented on a previovthnvinq ance request that was heard by the Planning Commission and that resulted in an amendment code. Senior Planne r Ramirez clarified there is no spec' I excepti for setbacks as you go vertical Chair Tucker opened the Public Hearing. Theresa "Terri" Drewry, Applicant, state she researched the matter nd felt she had done her due diligence. She addressed the required findings nd felt that they can be made, with respect to her property. She distinguished between sites, lots 10 d properties, addressed surroun 6ilg properties and noted that her neighbors support the project. Jim Mosher pointed out typ6graphical errors within the Resolution and a \ressed thy with the app licant but noted the nee to comply with the Code. Chair Tucker closed th ublic Hearing. Members of the C mission noted the need to follow the Municipal Code. The applicant as encouraged to appeal the Planning Commission's decision t Motion m e by Commissioner Lawler and seconded by Commissioner Hillgren to adopt Resolutio No.1980 denyin ariance No. VA2013 -002. F EBrown, Hillgren, Lawler and Tucker : Kramer ENTIONS: None ABSENT: Koetting and Myers ITEM NO.4 MINOR AMENDMENTS TO NEWPORT BEACH ZONING CODE (PA2015.056) Citywide Page 4 of 7 17 -16 NEWPORT BEACH PLANNING COMMISSION MINUTES 4123/15 Planning Program Manager Patrick Alford gave an overview of the minor amendments to the Zoning Code intended to correct unintended changes to land use and property development regulations. He presented details of each suggested amendment and reported that bulkhead setbacks were removed from consideration as the scope of the change is more involved than anticipated noting it will be addressed in a later amendment. Additionally, he referenced a revised Exhibit A involving minor wording changes to Item No. 3 and reported that Items No. 8 and 9 have been consolidated. Commissioner Hillgren offered corrections to the staff report and requested clarification relative to food service. Planning Program Manager Alford explained that the "outdoor dining" was originally authorized as "accessory outdoor dining" and the idea was that it would be an option, tied to the amount of interior net public area. It excluded the first 25% of the interior net public area from the parking requirement. The basic intent behind this incentive was lost when the Code was updated in 2010. Chair Tucker opened the Public Hearing Jim Mosher offered corrections to typographical errors and opined the CEQA finding seems odd. He expressed difficulty in understanding what is being changed, questioned some of the suggested changes and suggested others. Chair Tucker closed the Public Hearing. Planning Program Manager Alford addressed comments by Mr. Mosher. Planning Program Manager Alford reported that the language will be cleaned up when it is presented to Council and confirmed that the relevant Code sections will be included in the exhibits. Deputy Community Development Director Wisneski reported that the staff report has a more - extensive description of the CEQA findings and recommended that they be incorporated into the resolution. Motion made by Chair Tucker and seconded by Commissioner Brown to adopt Resolution No.1981 recommending City Council approval of Code Amendment No. CA2015 -005, incorporating the CEQA findings within the staff report into the resolution and with minor technical corrections as discussed. AYES: Brown, Hillgren, Kramer, Lawler and Tucker NOES: None ABSTENTIONS: None ABSENT: Koetting and Myers ITEM NU-6, LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013 -001) Deputy Community Develo—pineat Director Wisneski introduced the it nd reported that the original schedule has changed and that the is Hearing process will beai the fall. She stated she will continue providing brief updates at subsequent Coml ion meetin madded that when it gets closer to the Public Hearing, study sessions will be held to help in baltLFrstanding the regulations contained in the plan. Planning Program Manager Alford pr ed a PowerPoint entation addressing the Coastal Zone, requirements for the Coastal Z ackground, how the plan fits ibtethe City's regulatory organization, w ' existing LCP for the Ne oast area, elements of the plan, the comma outreach stage and efforts, community meetin g , ormation and members of a rapid response team, upcomi eetings and topics, details of the ised schedule and next steps. discussion followed regarding public access. Page 5 of 7 17 -17 CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 26, 2015, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Minor Amendments to the Newport Beach Zoning Code — Minor amendments to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010. The amendments are located within Sections 20.20, 20.22, 20.30, and 20.40 and will conditionally permit Vehicle/Equipment Sales in the Commercial General (CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, and clarify allowable building encroachments. The Planning Commission reviewed this item at its April 23, 2015 meeting and recommended that the City Council approve the proposed minor amendment. NOTICE IS HEREBY FURTHER GIVEN that this code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act ("CEQA") Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. The properties involved have an average slope of less than 20 percent and the proposed amendment would not result in any changes in land use or density. Allowing "vehicle/equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a change in land use or density because the CG Zoning District currently allows "vehicle/equipment rentals" and "vehicle/equipment repair" with the approval of a conditional use permit; therefore, the characteristics of, and activities associated with, "vehicle/equipment sales" are equivalent to those of "vehicle/equipment rentals" and "vehicle/equipment repair," and would not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts. Additionally, the City Council finds the approval of this ordinance is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The City Council also finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at palford(a)-newportbeachca.gov or 949-644-3235. Project File No.: PA2015-056 Activity No.: ZC2015-005 Zone: Multiple Zoning Districts General Plan: Multiple Land Use Designations Location: Citywide Applicant: City of Newport Beach SEW p°RT Leilani I. Brown, MMC, City Clerk City of Newport Beach CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, May 26, 2015, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Minor Amendments to the Newport Beach Zoning Code — Minor amendments to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010. The amendments are located within Sections 20.20, 20.22, 20.30, and 20.40 and will conditionally permit Vehicle/Equipment Sales in the Commercial General (CG) Zoning District, correct parking requirements for outdoor dining areas and single -unit dwellings, and clarify allowable building encroachments. The Planning Commission reviewed this item at its April 23, 2015 meeting and recommended that the City Council approve the proposed minor amendment. NOTICE IS HEREBY FURTHER GIVEN that this code amendment is categorically exempt under Section 15305, of the California Environmental Quality Act ("CEQA") Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. The properties involved have an average slope of less than 20 percent and the proposed amendment would not result in any changes in land use or density. Allowing "vehicle/equipment sales" with the approval of a conditional use permit in the CG Zoning District does not constitute a change in land use or density because the CG Zoning District currently allows "vehicle/equipment rentals" and "vehicle/equipment repair" with the approval of a conditional use permit; therefore, the characteristics of, and activities associated with, "vehicle/equipment sales" are equivalent to those of "vehicle/equipment rentals" and "vehicle/equipment repair," and would not involve a greater level of activity, population density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts. Additionally, the City Council finds the approval of this ordinance is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The City Council also finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs, additional public notice of the continuance will not be provided. Prior to the public hearing, the agenda, staff report, and documents may be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Patrick Alford, Planning Program Manager, at palford(a)-newportbeachca.gov or 949-644-3235. Project File No.: PA2015-056 Activity No.: ZC2015-005 Zone: Multiple Zoning Districts General Plan: Multiple Land Use Designations Location: Citywide Applicant: City of Newport Beach __w P10 /s/ Leilani I. Brown, MMC, City Clerk City of Newport Beach ?cIf,. , '"I Ul M E D I A G R 0 U P Sold To: City of Newport Beach - CU00072031 100 Civic Center Dr NEWPORT BEACH,CA 92660 100 Civic Center Dr NEWPORT BEACH,CA 92660 CITY OF NEW PORT BEACH NOTICE OF PUBLIC HEARING NOTICE 15 HEREBY GIVEN fi-t a, -& Y, M "Y26,2015, Ad. I-Olng a.It I., w,h. hal ,Af -M G-1 Ltrrrr7lar 0',M ilIllaall R It, Clly Caa,.H jf if,, C;lj, NIL nor Aaetndmantu Lathe Nowpott Swo Zoning COLIM ldr,,r, qj, fal"', It 7O 45 -1 ,,If l7q,up-w ffl,1l,,, the, --lPe'l,tral x. Al "I reel r^ I-11 dId It ai iI r -d, llwA "' Opp,.- It l,rl ' "'), IaId NOTIC C 111 HE RMY FURTHER GIVEN t,,. 1,pf,f Fn W.;4.w a,l-rpt, W III, to I to U."l E im a w t. tv,sv "l filt-1 pnj"o"u'l, 1 V-;41 '-di ,, l"", t rnoglo, osi fans! aha t 4.,11,4! 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A -1 lal, t3t, , lf It la, f, j-, Mp'al P44 Peri� of rfln No.: A.tl.ity No,: 'X,5 Urs. 7on ­lj ..- Oa,'i! L. allun Applicant., 'I, $Ilk 2C,15 u,0V - 5 ` 11: 19 3289449 - Newport Harbor News Press Combined With Daily Pilot Page 2 of 2 t� yw I ME D I A G R 0 UP County of Cook I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. I am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on June 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): May 16, 2015 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this day of_AZIL/20_1� [signature] 435 N. Michigan Ave. Chicago, IL 60611 3289449 - Newport Harbor News Press Combined With Daily Pilot Page 1 of 2