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HomeMy WebLinkAbout04 - Construction-Maintenance Activities Code Amendment InitiationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 July 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Planning Manager, 949 - 644 -3235 palford@city.newport-beach.ca.us SUBJECT: Construction /Maintenance Activities Code Amendment Initiation ISSUE: Should the City Council initiate a code amendment to the Newport Beach Municipal Code to limit construction and maintenance activities in required setback areas of residential districts? RECOMMENDATION: Staff recommends the City Council initiate the code amendment by adopting the attached resolution. DISCUSSION: Background: At the June 6, 2009, City Council meeting, Council Member Webb asked staff to submit a draft Zoning Code amendment that would set limits on the size and duration of construction and maintenance projects occurring within the required setback areas of single -unit residential districts. Analysis Staff is working with the Office of the City Attorney to prepare the precise language of the proposed ordinance. However, staff believes that such an ordinance would be best placed in either Title 10 (Offenses and Nuisances) or Title 15 (Buildings and Construction) of the Newport Beach Municipal Code. Amendments to these titles do not require the adoption of a resolution of intent. However, it is possible that an amendment to Title 20 (Planning and Zoning) may be Construction/Maintenance Activities Code Amendment Initiation July 14, 2009 Page 2 necessary to avoid inconsistencies with existing regulations on permitted projections into required setback areas, and on the parking and storage of vehicles and vessels. Environmental Review: A code amendment initiation is considered to be feasibility or planning study by staff, which is statutorily exempt pursuant to Section 15262 of the Implementing Guidelines for the California Environmental Quality Act. Public Notice: Notice is not required to initiate a code amendment. Should the request be approved, there will be noticed Planning Commission and City Council public hearings. This item was included on the agenda for this meeting which was posted at City Hail and on the City's website. Prepared by: Patrick J. Alford, Pla ng Manager Submitted by: Attachments: 1. Draft City Council Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE TO LIMIT CONSTRUCTION AND MAINTENANCE ACTIVITIES IN REQUIRED SETBACK AREAS OF SINGLE -UNIT RESIDENTIAL DISTRICTS WHEREAS, the City Council of the City of Newport Beach finds that large and prolonged construction and maintenance projects conducted within the required setback areas of single -unit residential districts are a detriment to public health, comfort, convenience, safety, general welfare and the peace and quiet of the City and its inhabitants; and WHEREAS, to control activities may require an amendment to existing zoning regulations on the storage of vehicles and watercraft; and WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution initiating amendments to the Zoning Code; and WHEREAS, on July 14, 2009, the City Council considered initiating an amendment to Title 20 of the Newport Beach Municipal Code; and WHEREAS, initiating the code amendment qualifies for a Statutory Exemption pursuant to 15262 Feasibility and Planning Studies of the Implementing Guidelines of the California Environmental Quality Act (CEQA); and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach hereby initiates a code amendment to amend Title 20 of the Newport Beach Municipal. PASSED, APPROVED AND ADOPTED THIS 14th DAY OF JULY, 2009. AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR