HomeMy WebLinkAbout19 - Minor Amendments to the Zoning CodeCITY OF NEWPORT BEACH
dEwlbRr COMMUNITY AND ECONOMIC DEVELOPMENT
ono Hearing Date: August 10, 1998
PLANNING DEPARTMENT Agenda Item No.: 19
U j
,Zp NEWPORT BOULEVARD Staff person: Patrick J. Alford
NEWPORT BEACH, CA 92658 (949) 644 -3235
FOP
(949) 644-32'• FAX (949) 644-3250
REPORT TO THE MAYOR AND CITY COUNCIL
SUBJECT: Minor Amendments to the Zoning Code
SUMMARY: An amendment to Title 20 of the Municipal Code to make several minor revisions
to the Zoning Code. These revisions relate to the definition of terms, land use
classifications, land use regulations, nonconforming structures, the regulation of
signs, public notification requirements, appeal and call for review procedures, and
the removal of obsolete, redundant, and conflicting language.
ACTION: I) Conduct public hearing; and
2) Introduce Ordinance No. 98- for Amendment 874, and pass to
second reading on August 24, 1998.
Analysis
The proposed amendment is intended to revise sections of the Zoning Code that were incorrectly
transferred from the previous code or inadvertently omitted. In addition, several revisions have been
proposed since the updated Zoning Code has been adopted. These new revisions have generally been in
response to specific planning- related issues that have arisen over the past year. The following
summarizes the proposed revisions:
■ Adds new definition for "facilities for food preparation" to assist Code Enforcement in
dealing with issues relating to illegal dwelling units (Revision #1).
■ Expands regulations for garage and yard sales to include estate sales under the heading
"Personal Property Sales" (Revisions #2, #6 and #17).
■ Allows minor modifications to properties having fewer than the required number of
covered or enclosed parking spaces (Revision #7).
• Authorizes the Planning Director to approve use permits to exceed building bulk limits
upon making special findings (Revision #9).
• Clarifies regulations relating to luminous tube signs and changeable copy signs
(Revisions #15 and #16).
■ Adds regulations for signs attached to or placed on vehicles visible from public rights -
of -way (Revision #16).
■ Requires that rights -of -way and waterways be excluded when establishing the radius for
public notices in non - residential districts (Revisions #18, #19, #21, #23, #25, and #27).
Amendment 874
August 10, 1998
Page 1
• Clarifies that the City Council has final decision - making authority on applications filed
in conjunction with amendments to the general plan, zoning code, planned community
development plans, and/or development agreements (Revisions #20 and #24).
■ Revises required findings for variances to be consistent with state law (Revision #22).
■ Revises procedures relating to published public hearing notices to be consistent with
state law (Revision #27).
■ Revises the public notice requirements to include affected business organizations, as
well as homeowner's associations (Revision #28).
• Authorizes any City Council member to call an application up for review, rather than
through adoption of a motion by four affirmative votes (Revision #31).
The proposed revisions are presented in order by code section in Exhibit "A" (Attachment #1). A brief
background and analysis of for each of the proposed revisions is contained in the Planning Commission
staff report (Attachment # 3).
Planning Commission Recommendation
Discussion at the Planning Commission focused on the proposed revisions to the "call for review"
procedures. As directed by the City Council, Revision #30 allows the City Council to directly call up
Planning Director's use permits and modification permits for review, rather than for referral to the
Planning Commission. The intent of this revision is to expedite the process by allowing the City Council
to directly address issues involving these permits. However, the Planning Commission concluded that it
would be inappropriate to bypass the Planning Commission. The Planning Commission stated that
reviewing such permits on appeals and calls for review keeps them informed on emerging planning issues
in the community. They felt that eliminating them from this process would make the Planning
Commission less effective and would adversely affect communication between the Planning Commission
and the City Council. The Planning Commission also pointed out that they only supported delegating
these permits to the Modifications Committee and the Planning Director because they retained direct
authority through appeals and calls for review. Therefore, the Planning Commission voted unanimously
to recommend denial of this revision, and it is stricken (double strikethrough) from the attached ordinance
for City Council consideration. The Planning Commission recommended approval of the remainder of
the proposed revisions.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
1. Proposed revisions (Exhibit "A ").
2. Draft ordinance.
Prepared by:
PATRICK J. ALFORD
W
Au dnxnt 874
July 27, 1998
Page 2
1.1:4: I L-3-0 971M
1. Section 20.03.030, add new definition:
2. Section 20.05.080 (F & H), replace with new land use classification:
P,ersbnal ProperGvSales Sale or trading of "usedlpersonal property from or on any
WW 14W or group o . sidences within" the sam neighborhood eighborhood for a "triikirrium of 3
dad s °no moreitliiintwrce many one year 11usclassificatiion iriclittles estate; gazage
_._...
and�yard sales:
3. Section 20.10.040 (B -1), remove unneeded language and revise to clarify:
B. leg 14eiAtafi&Floor Area Limit
1. In the R 1 Distr4et an the of AA.Zest Newpw and the Balboa Peninsula, the total
baleenies er patios open on at least 2 sides, eontained in all buildings on a site shall
net eea 2 times the buildable . „c th. ,.:.e, In the R -1, an&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.
buildings, the building height limit shall be 24128 as speeffied in Chapter . .
Exhibit "A"
Ordinance No. 98 -_
Page I
4. Section 20.20.020 (Table), delete conflicting row:
Industrial Districts: Land Use Regulations
P = Permitted
UP = Use Pemtit
PDN = Use permit issued by the Planning Director
L = limited (see Additional Use Regulations)
— = Not Pemdtted
M -1 M -1 -A IBP Additional
Reguladons
VEHICLE/EQUIPMENT SALES AND SERVICES
- AUTOMOBILE WASHING
PD/U
- COMMERCIAL PARKING FACILITY
- --
- --
P
- SERVICE STATIONS
UP
UP
PD/U
- VEHICLE/EQUIPMENT REPAIR
P
P
P
_ VEHICLE,9Q gPME Tenrcc nnrn ov rnn
F
F
P
- VEHICLE/EQUIPMENT SALES AND RETAILS
L -14
L -14
P
5. Section 20.50.030, add missing provision from the old code:
6. Chapter 20.60, add new section:
20 60.120 Personal Propeety Sales in ]90 en 9AFE!istr cfs
Personal , p*rty sales shall bl pernutt t. in" „restdenhAa�lldistncts ubjeet to the_,ollowing
i•egulattons;
A Sales shall lie condue eied fora maxunum.penod Hof 3 cons cuttve.days
i3_ _ A sales shall not'be convicted more than iwotunes m anoneyeac
qtr
C Sales shall be conducted only dtJrtng dayhghthours
Amendment 874
July 9, 1998 1
Page 2 L
F' No foo�d',or beverages shalllie offeredfor sale or "trade
G.
7. Revise Section 20.62.060 (A -3) to read as follows:
3. Covered and Enclosed Parking.
a. R. 1.5 Diskirt. Residential development having less than the
required number of enclosed parking spaces:
(1) Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
(2) Minor additions to existing buildings, such as the
construction of bathrooms, closets and hallways, or the
expansion of existing rooms, subject to the floor area limits
of Section 20.62.0.040 (D).
(3) Addition of a new room provided that there is no net increase
in the number of habitable rooms, upon the approval of a
modification permit, subject to the floor area limits of
Section 20.62.0.040 (D).
8. Section 20.62.090 (B -1), revise to include all buildings:
0
in any�?dstrict, the nonconforming uses of Lm cT"where a eenferming
building of structure is convolved shall be discontinued within the time limits
specified by the Planning Commission, which shall not exceed the following
maximum time limits:
Amendment 874
July 9, 1998
Page 3
a. Residential districts: 5 years;
b. Nonresidential districts: 10 years.
Maximum time limits for nonconforming uses in the residential or
nonresidential portions of SP or PC district shall the same as those for
residential and nonresidential districts, respectfully, unless otherwise
provided for in the specific plan or development plan.
9. Revise Section 20.63.060 as follows:
20.63.060 Building Bulk
Building bulk shall be calculated to be gross floor area excluding outdoor dining areas and with the
addition of courtyards not open on at least 2 sides. An area which is open to the sky and is open on
one side shall be considered to be consistent with this provision.
In addition, for purposes of calculating building bulk, the floor area devoted to portions of a
building which span more than 1 floor, such as multi -level lobbies, stairwells, and elevator shafts
shall be counted at each floor level. Any level of a building which measures more than 18 feet from
finished floor to finished floor level or from finished floor to the average height of the roof above
finished floor, shall be considered to occupy 2 floor levels.
Building bulk shall also include the gross square footage of above grade or partially subterranean
covered parking areas, except where specifically excluded for a particular location under the Land
Use Element of the General Plan.
Where a covered parking area is partially subterranean, gross floor area of the covered parking area
shall be prorated as follows:
Height of ceiling
above natural grade
greater than 8 feet
6 -8 feet
4 -6 feet
2 -4 feet
less than 2 feet
Portion of parking area counted
towards gross square footage
100
75%
50%
25
Not counted
Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25 for
commercial uses or 0.35 for mixed residential/commercial uses.
Amendment 874
July9, 1998
Page 4
Sectiop #20 63 '.040,(C 2) and upon fndingahat the project= istconsistent with any applicable
design cnieria adopted byihe City Council.
10. Section 20.65.030 (B -2), revise to clarify language:
2. Flood Hazard Areas. The height- liirtit sha
Wh re e'habitable s ace'js uired to be elevated
to the elevation &teFminla, a estaU ished by the Flood Insurance Rate
Maps recognized by the Building Department as part of flood safety
requirements and maps adopted by City Council. Notwithstanding the
building pad elevations established by the Flood Insurance Rate Maps, the
minimum required first floor finished floor elevation for the interior living
areas of all new structures shall be at least 6.27 Mean Sea Level consistent
with the Public Works Department standard for bulkhead elevation.
11. Section 20.65.060, delete obsolete language:
20.65.060 Existing Structures and Permits
' ....
P9 The use permit application fee shall be waived for any single family home in the
R -1 District which is replacing a structure which was in existence on the effective
date of this chapter (October 11, 1972).
Amendment 874
July 9, 1998
Page 5
P9 The use permit application fee shall be waived for any single family home in the
R -1 District which is replacing a structure which was in existence on the effective
date of this chapter (October 11, 1972).
Amendment 874
July 9, 1998
Page 5
EB; Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in
existence or under construction on the effective date of this chapter (October 11,
1972) may be changed provided such change does not result in a roof height above
top of curb and provided further that the roof height does not exceed the height limit
established by the 24/28 Height Limitation Zone. For purposes of this chapter, the
top of curb height limitation shall be established by a horizontal plane created by the
extension of the top of curb line across each site located on the bluff side of Ocean
Boulevard. Where a question arises as to the interpretation of this code, the
Planning Director shall review and render a decision. New structures may be
constructed on vacant sites subject to the same criteria.
12. Reformat Section 20.65.050 (B) as a separate section, Section 20.65.055:
A.65 055 , ..; LR iiiieil Furdinp to Exceed,;Heigh[ Limits
The Planning Commission or City
Council in approving any planned community district, any specific plan, or in
granting any use permit for structures in excess of the basic height limit in any zan
, aT-
dlstrict shall find that each of the following four points have been complied with:
41-A. The increased building height would result in more public visual open space
and views than is required by the basic height limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the
percentage of ground cover, and the treatment of all setback and open areas.
2-B. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area than is required by the basic height limit in any zone.
3-C. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
4-0. The structure shall have no more floor area than could have been achieved
without the use permit.
Amendment 874
July 9, 1998
Page 6
13. Revise Section 20.66.040 (A -1) to include the R -1.5 District:
20.66.040 Parking Standards for Residential Districts
A. Parking Space Dimensions and Clearances
1. Minimum Interior Dimensions. Required parking spaces shall have a
minimum interior width of 8 feet, 3 inches and a minimum interior depth of
18 feet.
Exception: In R-1.5, R -2 and MFR Districts, where tandem parking
is provided, one of each set of two tandem spaces may have a
minimum interior depth of 16 feet, provided this space is not used to
meeting the requirements for covered parking.
14. Section 20.66.050 (B -4), revise to provide the correct reference:
4. Exceptions.
a. Where the size, shape, location, or topography of the proposed
parking facility make compliance with the requirements of this
ehapter section impractical and will result in hardship, the
requirements of this chapter and the off - street parking standards as
are necessary to permit development of the parking facility may be
waived so long as the waiver does not create an unsafe condition or a
condition which is detrimental to surrounding property.
b. For commercial districts, application for a waiver of the
requirements of this ehapteF section shall be made to the
Modifications Committee.
C. For industrial districts, application for a waiver of the requirements
r ,;:.. -.
of this ehaptee section shall be made to the Planning Commission.
15.20.67.020 (J -3), revise as follows:
3. Luminous Tube Signs. Any sign which consists of or is illuminated by
exposed electrically- charged gas - filled tubing, such as neon and argon signs — 11 ,.
or byftber optics.
Amendment 874
July 9, 1998
Page 7
16. 20.67.025 (I), add new sections:
E:?I
Ezcwponsr, The followmg signs are not,
*subject totheprovis�onsmof
this subsecidii
-"
a.' ..
c. Temporary permitted under Section 20.67 035>
17. Revise Section 20.67.035 (B) as follows:
B. Other TemMrar +y Signs.
1. Residential Districts. No temporary signs are permitted in residential
districts, except the for real estate signs authorized in Section 20.67.035 (A)
d oral r ale s s autiionzed S hon 20 120 and
Pe P PeS .gn ` 1 >,
2. Commercial and Industrial Districts. Temporary signs are permitted in
commercial and industrial districts subject to the following restrictions:
a. Size. No temporary sign shall exceed 100 square feet in area.
Temporary signs of rigid material shall not exceed 24 square feet in
area, or 6 feet in height.
Amendment 874
July 9, 1998
Page 8
I
b. Duration. Temporary signs shall remain in place for a period not
exceeding 90 days per calendar year.
C. Number. 1 per building or site.
d. Exceptions.
(1) Temporary signs displayed at aetemebile service stations
afi°° ifl alld ,...., ROF FeRtAlnailtg are governed by the
provisions of Sections 20.67.030 (D) and (E), re_peetively.
(2) Polflcal signs atithonzed to Section20
a r .... 'te _ _,
One polrtical srgn may bex posted_ on each parcelof reslde`ptial
property:
Political. ,signs . shall � not be ;placed ' a �acent r to � a street, alley,' .
.y a; „
driveway_or stdewalk m a manner, thatcrbatesria liazaid togany"
person,:
e.
18. Section 20.82.050, revise to read as follows:
D. Required Notice.
1. At least 10 days prior to the administrative decision, notice shall be mailed
to the applicant and all owners of property within 300 feet, 'excluding
inteivenitig rightwa, d waterways; of the boundaries of the site, as
shown on the last equalized assessment roll or, alternatively, from such other
records as contain more recent addresses. It shall be the responsibility of the
Amendment 874
July 9, 1998
Page 9
I�
applicant to obtain and provide to the City the names and addresses of
owners as required by this section.
Exception. Notice is not required for applications on properties
.
� ,�i-, -u
which are not located within 300 feet (e;iclu dmg,inferv&ng tights,
Qfway and wafervvays) of a residential district.
19. Section 20.86.070, revise to read as follows:
B. Required Notice.
1. The Modifications Committee shall give notice of the public hearing in the
same manner as prescribed in Section 20.93.030 for all CRDPs reviewed by
the Modifications Committee.
2. Notice of all other public hearings shall be given as follows:
a. Mailed or Delivered Notice.
(1) Residential Districts: At least 10 days prior to the hearing,
notice shall be mailed to the applicant and all owners of
property within 300 feet of the boundaries of the site, as
shown on the last equalized assessment roll or, alternatively,
from such other records as contain more recent addresses. It
shall be the responsibility of the applicant to obtain and
provide to the City a list and postage paid envelopes with the
names and addresses of owners as required by this section.
(2)
20. Section 20.91.025 (A), revise as follows:
A. Authority. The Planning Commission shall approve, conditionally approve, or
disapprove applications for use permits or variances, unless the authority for an
Amendment 874
July 9, 1998
Page 10
12
administrative decision on a use permit is specifically assigned to the Planning
Director in the individual chapters of this code.
21. Section 20.91.030, revise to read as follows:
C. Required Notice. Notice of a public hearing or an administrative decision shall be
given as follows:
1. Mailed or Delivered Notice.
a. Residential Districts: At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the applicant and
all owners of property within 300 feet of the boundaries of the site,
as shown on the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the City the
names and addresses of owners as required by this section.
19
22. Revise Section 20.91.035 (B -1):
1. That because of ena' a - pedal circumstances
�pplrc le to the land property 0cludmg sJZe tshape o � aphy, local on
or s" iro mgs stns application of this code. depnves ;sueh property of
pnurleges en oyed by,other pJnpe thew:;vtcm►ty any ,n`d r, denticbMJ rung
classific'atJOri.;
Amendment 874
July 9, 1998
Page 11
13
23. Section 20.92.050, revise to read as follows:
B. Required Notice. Notice of such hearing shall be given as follows:
1. R sidential'DistriW At least 10 days prior to the hearing, notice shall be
mailed to the applicant and all owners of property within 300 feet of the
boundaries of the site, as shown on the last equalized assessment roll or,
alternatively, from such other records as contain more recent addresses. It shall
be the responsibility of the applicant to obtain and provide to the City a list and
postage paid envelopes with the names and addresses of owners as required by
this section.
2.
24. Section 20.92.060 (A), revise as follows:
A. If all applicable standards established by this section are met, the Planning
Commission shall approve the development. Conditions may be applied when the
proposed development does not comply with applicable standards and shall be such
as to bring said development into conformity.
25. Section 20.93.030 (B), revise to read as follows:
B. Required Notice.
1. Mailed or Delivered Notice.
a. Residential— Di "stricts9 At least 10 days prior to the hearing, notice
shall be mailed to the applicant and all owners of property within
100 feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the applicant
Amendment 874
July 9. 1998
Page 12
Q
to obtain and provide to the City the names and addresses of owners
as required by this section.
26. Section 20.93.050, revise to correct error:
20.93.050 Effective Date
Modification permits shall not become effective for 14 days after being granted, and in the
event an appeal is filed or if the Planhiik Coin mssion or City
Council shall exercises its right to review any such decision under the provisions of Chapter
20.95, the permit shall not become effective unless and until a decision granting the
modification permit is made by the Planning Commission or City Council.
27. Section 20.94.030 (B -1), revise to match state law:
1. Mailed or Delivered Notice. In case the proposed amendment consists of a
change so as to reclassify any property from any district to any other district
or affects the p eivutted uses * -4eal 'prol* y, at least 10 days prior to the
hearing, notice shall be mailed to the applicant, the property owner, and all
owners of property within 300 feet excluding interveI ing ri ghts of -way and
waterways, of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain more
recent addresses. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this
section.
If the number of owners to whom notice would be mailed pursuant to this
section is greater than 1000, the Planning Director, at his discretion, in lieu
of mailed or delivered notice, may provide notice by placing a display
advertisement of at least one-eighth page in 2 &wspaper- t least- ,,one,
newspaper_ of general circulation within the City at least 10 days or to the
hearing. In -all cases involving amendegts to [he D>stnct�pgap, notice
shall be given by mail to the owner of property that is the subject of the
proposed amendment.
Amendment 874
July 9, 1998
Page 13
28. Section 20.94.030 (B -4), revise to provide for business organizations:
11
In
addition, when applicable, the hemeewneFs cpmmu Af and/or "b" -he
association i r�epre enung the arum w,l°nM.ch the
affected property is loca et d shall also be notified as provided herein.
29. Section 20.94.050 (A) requires to maintain language consistency with other sections of the
Zoning Code:
A. Hearing Date and Notice. Upon receipt of such report from the Planning
Commission, or upon the expiration of the time limit prescribed in Section
20.94.040, or upon the filing of any appeal, the City Council shall set the matter for
at least one public hearing giving notice thereof as prescribed in Section 20.94.030.
30. Section 20.95.010 (B), recommended for denial:
31. Section 20.95.040 (C), revise as follows:
C. Calls for Review. Calls for review by the Planning Commission or the City
Coupcil may be initiated by any member.
G,...neil Fn ay be initiated upon a motion by an), rriber- and . deptien by n
�z
32. Section 20.96.040 (E -3), change 16 months" to "180 days."
That there has been a discontinuance of the exercise or the entitlement
granted by the permit for 1:80 corisecuttve days.
Amendment 874
July 9, 1998
Page 14
I�
ORDINANCE 98-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF
THE MUNICIPAL CODE RELATING TO DEFINITION OF TERMS,
LAND USE CLASSIFICATIONS, LAND USE REGULATIONS,
NONCONFORMING STRUCTURES, THE REGULATION OF SIGNS,
PUBLIC NOTIFICATION REQUIREMENTS, APPEAL AND CALL FOR
REVIEW PROCEDURES, AND THE REMOVAL OF OBSOLETE,
REDUNDANT, AND CONFLICTING LANGUAGE [PLANNING
COMMISSION AMENDMENT 8741
WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the
definition of terms, land use classifications, land use regulations, nonconforming structures, the
regulation of signs, public notification requirements, appeal and call for review procedures, and the
removal of obsolete, redundant, and conflicting language are required; and
WHEREAS, on July 9, 1998 and July 23, 1998, the Planning Commission of the City of
Newport Beach held a public hearing regarding this amendment; and
WHEREAS, on August 10, 1998, 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.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Title 20 of the City of Newport Beach Municipal Code shall be revised as
provided in Exhibit "A."
11
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 August 10, 1998, and adopted on the 24th day of August, 1998, by the
following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
2
QTY OF NEWPORT BEACH
Hearing Date:
dEW�RJ.
o
COMMUNITY AND ECONOMIC DEVELOPMENT
Agenda Item No.:
o.,
PLANNING DEPARTMENT
Staff Person:
33 o NEWPORT BOULEVARD
C�hoOnr�t
NEWPORT BEACH, CA 82658
(949) 644-31—; FAX (949) 644.3250
City Council Review:
REPORT TO THE PLANNING COMMISSION
SUBJECT: Minor Amendments to the Zoning Code
July 9, 1998
2
Patrick J. Alford
(949) 644 -3235
SUMMARY: An amendment to Title 20 of the Municipal Code to make several minor
revisions to the Zoning Code. These revisions relate to the definition of
terms, land use classifications, land use regulations, nonconforming
structures, the regulation of signs, public notification requirements, appeal
and call for review procedures, and the removal of obsolete, redundant, and
conflicting language.
ACTION: Conduct public hearing; approve, modify or reject the various amendments;
adopt Resolution No. _ recommending approval of Amendment 874 to
the City Council.
When the Zoning Code update was adopted in 1997, it was understood that there would be a review
period to determine if additional refinements were necessary. In the year since the updated Zoning
Code has been in effect, only a handful of needed refinements have been detected. These
refinements have generally involved sections that were incorrectly transferred from the previous
code or inadvertently omitted. In addition, several revisions have been proposed since the updated
Zoning Code has been adopted. These new.revisions have generally been in response to specific
planning- related issues that have arisen over the past year.
The amendment was initiated by the Planning Commission on June 4, 1998.
The proposed revisions are presented in order by code section. Each amendment includes a brief
summary of the proposed changes and an explanation of why the proposed change is needed.
One revision, which would have allowed senior citizen housing in the Governmental, Educational,
and Institutional Facilities (GE1F) District, is not included in this amendment. This is because
amendments that involve changes to permitted land uses have different public notification
requirements. This item will be presented to the Planning Commission at a later date as a new
amendment.
Ar ndm t 874
July 9. 1998
Page 1
0
Code Enforcement has requested that Section 20.03.030 be revised to add a definition for
"facilities for food preparation." This phrase appears in the definition for "dwelling unit," but
has never been defined. "Facilities for food preparation' refers to kitchen -like facilities. The
existence of such facilities is one of the most common factors in determining whether a portion
of a existing dwelling unit has been converted into an illegal dwelling unit. Adding this
definition will provide clearer direction to Code Enforcement in dealing with issues relating to
illegal dwelling units.
Section 20.03.030, add new definition:
2. This amendment would replace the land use classification of "garage and yard sales" with a new
classification, "personal property sales" This amendment is needed to address complaints
about estate sales in residential districts (see new discussion in Amendment #6 below).
Section 20.05.080 (F & H), replace with new land use classification:
H.:
3. Section 20.10.040 (B -1) was copied directly from the old Zoning Code. However, this section
contains redundant language that made it confusing. Deleting this language will make it easier
to understand.
Section 20.10.040 (B -1), remove unneeded language and revise to clarify:
B. Buildine Hei6t and-Floor Area Limit
e: �s: ���rtra: r. ��rr�a.Rta>i>•.as�ree�e!�rzrsnw zir.c�.�r�erraste�s+�r..z�
- - t
Aa ndnxnt 874
July 9. 1998
Page 2
'
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. For dwellings and pem:kiRed aeeessef)
buildings, a height lim�t e
4. This amendment will correct the schedule in Section 20.20.020, which contains a duplicate row
with conflicting information.
Section 20.20.020 (Table), delete conflicting row:
Industrial Districts: Land Use Regulations
P = Pennitted
UP = Use Penn it
PD/U = Use permit issued by the Planning Director
L = limited (see Additional Use RmlationsJ
-- = Not Pertained
M -1 M -1 -A IBP Additional
VEHICLEIEQUIPMENT SALES AND SERVICES
- AUTOMOBILE WASHING
- --
PD/U
- COMMERCIAL PARKING FACILITY
- --
- --
P
- SERVICE STATIONS
UP
UP
PD/U
- VEHICLE/EQUIPMENT REPAIR
P
P
P
P
P
P
- VEHICLE/EQUIPMENT SALES AND RETAILS
L -14
L -14
P
5. This amendment adds a provision of the B Overlay District that was inadvertently omitted from
the new Zoning Code. This provision allowed additions to buildings in the B Overlay District
to utilize setbacks that were in effect at the time the building was constructed.
Section 20.50.030, add missing provision from the old code:
6. This amendment would add a new section that would establish regulations for personal property
sales in residential districts. When the updated Zoning Code was adopted, it added a new land
use classification for garage and yard sales. However, there were two problems with this
provision. First, garage and yard sales were limited to the sale and trading of used personal
property of the owner, thus, precluding the common practice of neighbors joining in on the sale.
Second, garage and yard sales were limited to a maximum of two (2) days, no more than twice
in any one year, which precluded estate sales, which generally operate for three (3) days.
Amendment 874
July 9, 1998
Page 3
d
This amendment, along with Amendment #2, will solve these problems by placing garage, yard
and estate sales under the land use classification of "personal property sales." By definition,
this classification will allow the sale of personal property from a residence, or group of
residences in the same neighborhood, for up to three (3) days, up to twice in one year. In
addition, a new set of regulations is proposed that is intended to address some of the problems
associated with these activities. These regulations include limiting these activities to daylight
hours, prohibiting the sale of property from outside of the neighborhood, prohibiting the sale of
food and beverages, and limiting signage to one (1) four (4) square foot sign on the property.
Chapter 20.60, add new section:
20 60120. ,Personal Properfy'Sales; * RiAd&tial Dlsfr cts
A 'G ales shall be conducted for a maxuniun period of 3 consecutive,day5; 1.
B. Sales shall not be.conn. cted more than two rimes in any: one year;
C Sales shall be conducted only dtuvtg.dayltghttouis;
E.
F _ . ,; No food or be_v_erages_shall be offeied -for sale: or trade.
G
7. Currently, properties having less than the required number of parking spaces are allowed minor
modifications as of right. However, properties that have the required number of parking spaces
but which lack required covered parking must obtain a modification permit for any alteration.
This amendment would allow minor modifications to properties having fewer than the required
number of covered or enclosed parking spaces. This provision was approved earlier this year,
but was limited to the R -1.5 District. At that time, the City Council directed staff to return with
an amendment that would extend this provision to all of the residential districts.
Atnendm t 874
July 9, 1998
Page 4
M
Revise Section 20.62.060 (A -3) to read as follows:
3. Covered and Enclosed Parking.
a. R 1.5 Distriet. Residential development having less than the
required number of enclosed parking spaces:
(1) Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
(2) Minor additions to existing buildings, such as the
construction of bathrooms, closets and hallways, or the
expansion of existing rooms, subject to the floor area limits
of Section 20.62.0.040 (D).
(3) Addition of a new room provided that there is no net increase
in the number of habitable rooms, upon the approval of a
modification permit, subject to the floor area limits of
Section 20.62.0.040 (D).
8. Section 20.62.090 (B -1) covers the abatement of nonconforming uses in conforming buildings.
The original draft of the updated Zoning Code addressed nonconforming buildings in a separate
section. However, when that section was taken out of the draft code, it left a gap regarding the
abatement of nonconforming uses in nonconfomting buildings. This amendment would fill that
gap by revising this section so that it addresses nonconforming uses where a structure is
involved.
The Planning Commission requested that this section also be revised to clarify that the
abatement does not pertain to the structure. The revised text clearly states that the
nonconforming use shall be abated. Moreover, the preceding sections also make it clear that the
abatement process only involves nonconforming uses. The sections that follow also establish
that the abatement is not automatic, but must be initiated by the Planning Commission and
requires a separate public hearing.
Section 20.62.090 (B -1), revise to include all buildings:
In gay, distract, the nonconfomting uses of land wherein a confemiing
building eF structure is i6olyed shall be discontinued within the time limits
Amemimem 874
July 9. 1998
Page 5
a3
specified by the Planning Commission, which shall not exceed the following
maximum time limits:
a. Residential districts: 5 years;
b. Nonresidential districts: 10 years.
Maximum time limits for nonconforming uses in the residential or
nonresidential portions of SP or PC district shall the same as those for
residential and nonresidential districts, respectfully, unless otherwise
provided for in the specific plan or development plan.
9. Chapter 20.63 (Floor Area Ratios and Building Bulk) always included a provision to allow
projects to exceed the floor area ratio limits. However, there is no such provision for the limits
on building bulk. The Planning Commission has addressed this issue in the past, but did not
have a standard method of reviewing such requests. The proposed amendment would allow a
project to exceed the building bulk limits of Section 20.63.060 through the use permit process.
Findings would be required to ensure that the project is compatible with surrounding
development and landforms and that public views are protected.
As initiated, the authority to approve such use permits would be granted to the Planning
Conunission. However, on further review, it is recommended that the authority be granted to
the Planning Director. Section 20.63.040 authorizes the Planning Director to approve use
permits to exceed floor area ratio limits of a project site. Since building bulk is closely related
to floor area ratio, it would be appropriate that Planning Director have the authority to approve
both types of applications.
Revise Section 20.63.060 as follows:
20.63.060 Building Bulk
Building bulk shall be calculated to be gross floor area excluding outdoor dining areas and with the
addition of courtyards not open on at least 2 sides. An area which is open to the sky and is open on
one side shall be considered to be consistent with this provision.
In addition, for purposes of calculating building bulk, the floor area devoted to portions of a
building which span more than 1 floor, such as multi -level lobbies, stairwells, and elevator shafts
shall be counted at each floor level. Any level of a building which measures more than 18 feet from
finished floor to finished floor level or from finished floor to the average height of the roof above
finished floor, shall be considered to occupy 2 floor levels.
Building bulk shall also include the gross square footage of above grade or partially subterranean
covered parking areas, except where specifically excluded for a particular location under the Land
Use Element of the General Plan.
Amendment 874
July% 1998
Page 6
Where a covered parking area is partially subterranean, gross floor area of the covered parking area
shall be prorated as follows:
Height of ceiling
above natural rg ade
greater than 8 feet
6 -8 feet
4 -6 feet
2-4 feet
less than 2 feet
Portion of parking area counted
towards org ss square footage
100%
75%
50%
25%
Not counted
Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25 for
commercial uses or 0.35 for mixed residential/commercial uses.
10. Section 20.65.030 (B -2) was copied directly from the old Zoning Code. This section allows
the height of a structure to be measured from finished grade, rather that the existing grade, if
the grade needs to be elevated to avoid a flood hazard. However, the wording has always
been confusing and should be revised to make this provision clearer.
Section 20.65.030 (B -2), revise to clarify language:
2. Flood Hazard Areas. The height limit shall be measured f m tfie fintshe
floor of any:pottion of: thepnnctpal.builditig
buildiiigs
grade, whiehever is highen Where space is
qw, to be`elpyg._
to the pad elevation is deter ed established by the Flood Insurance Rate
Maps recognized by the Building Department as part of flood safety
requirements and maps adopted by City Council. Notwithstanding the
building pad elevations established by the Flood Insurance Rate Maps, the
minimum required fast floor finished floor elevation for the interior living
areas of all new structures shall be at least 6.27 Mean Sea Level consistent
with the Public Works Department standard for bulkhead elevation.
11. Section 20.65.060 contains obsolete height limit provisions. These provisions addressed
projects that were in the process when the height limits were established. By this time, these
structures have been constructed or their building permits have expired. In addition, other
Amendment 874
July 9, 1998
Page 7
J
sections of the code address nonconforming structures and planned community district
regulations. Therefore, these provisions are no longer needed and can be deleted.
The Planning ComJission also directed staff to revise Section 20.65.060 (E) (proposed B) to
establish landscape height limits on the bluff side of Ocean Boulevard. This section address
existing structures and permits and would not be the appropriate section for such a regulation.
This issue will be discussed more thoroughly at the end of this report.
Section 20.65.060, delete obsolete language:
20.65.060 Existing Structures and Permits
......!1T.......... Sff4rS7RRi...... 7lTTi!!<: E!'IRtTR!7E!!'lS1rF7lliVTi'!If_ _ _. _._
C. Proposed of .rah:..
to the
..tanned ..:t.. district
RurturLr
ehapte.
with the height limit egntained
a adopted prier
he .. ted in
11, 1972)
(Oeteher
may a iteeerdanee
...7 thin the planned a ..:t.. te..tj yideA
howeye. that a age ..e. -...:t
height lifnits established by
shill be e.,..eeds the
for- .,..y ettim
requited s"_ which
this chap;er-.
DA. The use permit application fee shall be waived for any single family home in the
R -I District which is replacing a structure which was in existence on the effective
date of this chapter (October 11, 1972).
EB. Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in
existence or under construction on the effective date of this chapter (October 11,
1972) may be changed provided such change does not result in a roof height above
top of curb and provided further that the roof height does not exceed the height limit
established by the 24/28 Height Limitation Zone. For purposes of this chapter, the
top of curb height limitation shall be established by a horizontal plane created by the
extension of the top of curb line across each site located on the bluff side of Ocean
Boulevard. Where a question arises as to the interpretation of this code, the
Planning Director shall review and render a decision. New structures may be
constructed on vacant sites subject to the same criteria.
12. Section 20.65.050 (B) sets forth the findings that are required for the Planning Commission or
City Council to approve increases in the height limits through a use permit, planned community
district, or specific plan. This provision is listed as a subsection of Section 20.65.050 "Planned
Amendment 874
July 9, 1999
Page 8
a�
Community Districts." However, since it also relates to use permits and specific plans, it really
should be listed as a separate section.
Reformat Section 20.65.050 (B) as a separate section, Section 20.65.055:
20.65.055 Required Findings to Exceed Height I.iutit
. The Planning Commission or City
Council in approving any planned community district, any specific plan, or in
granting any use permit for structures in excess of the basic height limit in any zene
district shall find that each of the following four points have been complied with:
4-A. The increased building height would result in more public visual open space
and views than is required by the basic height limit in any zone. Particular
attention shall be given to the location of the structure on the lot, the
percentage of ground cover, and the treatment of all setback and open areas.
2-0. The increased building height would result in a more desirable architectural
treatment of the building and a stronger and more appealing visual character
of the area than is required by the basic height limit in any zone.
3-C. The increased building height would not result in undesirable or abrupt scale
relationships being created between the structure and existing developments
or public spaces. Particular attention shall be given to the total bulk of the
structure including both horizontal and vertical dimensions.
4-1). The structure shall have no more floor area than could have been achieved
without the use permit.
13. A reference to the R -1.5 District was inadvertently omitted from Section 20.66.040 (A -1). This
amendment will correct the error.
Revise Section 20.66.040 (A -1) to include the R -1.5 District:
20.66.040 Parking Standards for Residential Districts
A. Parking Space Dimensions and Clearances
Minimum Interior Dimensions. Required parking spaces shall have a
minimum interior width of 8 feet, 3 inches and a minimum interior depth of
18 feet.
Exception: In 1Z =1;5 R -2 and MFR Districts, where tandem parking
is provided, one of each set of two tandem spaces may have a
minimum interior depth of 16 feet, provided this space is not used to
meeting the requirements for covered parking.
Amendment 874
July 9. 1998
Page 9
�1
14. Section 20.66.050 (B -4), needs to be revised to provide the correct reference:
4. Exceptions.
a. Where the size, shape, location, or topography of the proposed
parking facility make compliance with the requirements of this
ehaptef section impractical and will result in hardship, the
requirements of this chapter and the off -street parking standards as
are necessary to permit development of the parking facility may be
waived so long as the waiver does not create an unsafe condition or a
condition which is detrimental to surrounding property.
b. For commercial districts, application for a waiver of the
requirements of this ehapteF sgcfioi shall be made to the
Modifications Committee.
C. For industrial districts, application for a waiver of the requirements
of this ehaptee section shall be made to the Planning Commission.
15. Staffs recent research into sign types has revealed the need to revise the definition of luminous
tube (neon) signs to include those which are illuminated by fiber optics. This amendment will
treat new fiber optic signs the same as other luminous tube signs.
20.67.020 (J -3), revise as follows:
3. Luminous Tube Signs. Any sign which consists of or is illuminated by
exposed electrically- charged gas- filled tubing, such as neon and argon signs;
,.:,a
or by f ber .,. optics.
16. Chapter 20.67 (Signs) does not have specific provisions addressing temporary signs mounted on
vehicles. Such signs have been interpreted as being prohibited. Nevertheless, since the Zoning
Code does not specifically address vehicle signs, Code Enforcement has had difficulty
enforcing this prohibition. This amendment would add a new section (Section 20.67.025 (I -8))
to the design criteria that would prohibit vehicle signs. Exceptions are provided for signs on
vehicles legitimately used in conjunction with a business.
In addition, the Planning Commission recently made an interpretation that electronic
changeable copy signs are animated signs. The proposed Section 20.67.025 (I -9) would
formally incorporate this interpretation into the Zoning Code.
20.67.025 (A add new sections:
8. Vehicle;Srmns ,Signs attached,to or placed on vehicles ortrailers;and which
Amendment 874
July 9. 1998
Page 10
N
a ` _ Signs 'painted on ,or otherwise permanently attached to a
vehicle Jn_ such a manner that. the vehicle can„ be. legally 1. operated on publiq i, of way:
17. Section 20.67.035 (B) addresses temporary signs (other than real estate signs). Three (3)
changes need to be made. First, a reference to regulations for personal property sale signs (See
Amendment #6) needs to be added. Second, old land use terms and code references need to be
deleted. Thins, regulations for political signs need to be added. Regarding the last item, in
1994, the City adopted regulations addressing temporary political signs. However, these
regulations were never incorporated into the Zoning Code text used by the Planning
Department. Consequently, the section containing these regulations was not carried over into
the new Zoning Code. This amendment will correct this oversight.
B. Other Temporary Signs.
1. Residential Districts. No temporary signs are permitted in residential
districts exce t t#Je R real estate signs authorized in Section 20 67.035 (A)
prld peotial pale ;sin atth'6rJ�i3}'Sectpn:20 ¢p 120,Fj and
2. Commercial and Industrial Districts. Temporary signs are permitted in
commercial and industrial districts subject to the following restrictions:
a. Size. No temporary sign shall exceed 100 square feet in area.
Temporary signs of rigid material shall not exceed 24 square feet in
area, or 6 feet in height.
Amendment 874
July 9. 1998
Page 11
b. Duration. Temporary signs shall remain in place for a period not
exceeding 90 days per calendar year.
C. Number. 1 per building or site.
d. Exceptions.
(1) Temporary signs displayed at aat&mehile- service stations -and
aFi••° in And- autdoor reqtg ants are governed by the
provisions of Sections 20.67.030 (D` and (E) respeetively.
(2) Political signs authorizgd m Sermon 20 6'7035
b Political signs posted . m residential districts shall not exceed 6 square
feet m area:
e.
No person shall place or post any political or campaign sign on any
public sidewalk, street, property, or right of way over which the City
has,lttnsdi bn',
18. New City policy requires that rights -of -way and waterways be excluded when establishing the
radius for public notices. This amendment revises the public notice section for accessory
outdoor dining pem-tits to reflect this policy.
Section 20.82.050, revise to read as follows:
D. Required Notice.
1. At least 10 days prior to the administrative decision, notice shall be mailed
to the applicant and all owners of property within 300 feet; `exc Au i
in ter yening ngh4 -of way and waterways; of the boundaries of the site, as
Amendment 874
July 9, 1998
Page 12
�6
shown on the last equalized assessment roll or, alternatively, from such other
records as contain more recent addresses. It shall be the responsibility of the
applicant to obtain and provide to the City the names and addresses of
owners as required by this section.
Exception. Notice is not required for applications on properties
which are not located within 300 feet (excluding intervening rights-
of -way and waterwgys) of a residential district.
19. This amendment revises the public notice requirements for coastal residential development
permits to reflect new City policy (see Amendment #18).
Section 20.86.070, revise to read as follows:
B. Required Notice.
The Modifications Committee shall give notice of the public hearing in the
same manner as prescribed in Section 20.93.030 for all CRDPs reviewed by
the Modifications Committee.
2. Notice of all other public hearings shall be given as follows:
a. Mailed or Delivered Notice. At least 10 days prior to the hearing,
notice shall be mailed to the applicant and all owners of property
within 300 feet, excluding tn[eiventng rights of way andpvateiways�
of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the applicant
to obtain and provide to the City a list and postage paid envelopes
with the names and addresses of owners as required by this section.
20. It has been long interpreted that the City Council has decision - making authority on use permits
and variances filed in conjunction with amendments to the general plan, zoning code, planned
community development plans, and/or development agreements. However, this authority has
never been provided for in the Zoning Code. Technically, the City Council can only review
such applications on appeal or when called up for review. This amendment would correct this
situation.
Section 20.91.025 (A), revise as follows:
A. Authori . The Planning Commission shall approve, conditionally approve, or
disapprove applications for use permits or variances, unless the authority for an
administrative decision on a use permit is specifically assigned to the Planning
Director in the individual chapters of this code.
Amendment 874
July 9. 1998
Page 13
2I
development plan :or with a development agreement_
21. This amendment revises the public notice requirements for use permits and variances to reflect
new City policy (see Amendment # 18).
Section 20.91.030, revise to read as follows:
C. Required Notice. Notice of a public hearing or an administrative decision shall be
given as follows:
Mailed or Delivered Notice. At least 10 days prior to the hearing or an
administrative decision, notice shall be mailed to the a licant and all
owners of properly within 300 feet" ezcludJng_lritervenuig >n a -0,� Viand
waterways; of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain more
recent addresses. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this
section.
22. Variances are intended to address those situations where the peculiar physical characteristics of
a site make it difficult to develop under standard regulations. Variances may be granted with
respect to property development regulations and performance standards, but do not extend to
land use regulations. However, one of the findings required to approve a variance does not
clearly convey these two principles. Therefore, it is recommended that this finding be revised
to clarify this intent. The proposed revised finding is intended to reflect the variance procedures
contained in State Planning and Zoning Law.
Revise Section 20.91.035 (B -1) to be consistent with state law:
That because of special circumstances
' , £go :
WON y. , .n applytr£g app cafe to theme � c�udtng *1�a h n or surl g the :vte r� g
class if='
23. This amendment revises the public notice requirements for site plan review applications to
reflect new City policy (see Amendment #18).
Section 20.92.050, revise to read as follows:
Amendment 874
July 9. 1998
Page 14
h�
B. Required Notice. Notice of such hearing shall be given as follows:
Mailed or Delivered Notice. At least 10 days prior to the hearing, notice
shall be mailed to the applicant and all owners of property within 300 feet;
excluding intervening rights-of way,and waterways, of the boundaries of the
site, as shown on the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this section.
24. This amendment grants final decision - making authority to the City Council for site plan review
applications filed in conjunction with amendments to the general plan, zoning code, planned
community development plans, and/or development agreements (see Amendment #20).
Section 20.92.060 (A), revise as follows:
A. If all applicable standards established by this section are met, the Planning
Commission shall approve the development. Conditions may be applied when the
proposed development does not comply with applicable standards and shall be such
as to bring said development into conformity.
25. This amendment revises the public notice requirements for Modification Permits to reflect new
City policy (see Amendment #18).
Section 20.93.030 (B), revise to read as follows:
B. Required Notice.
Mailed or Delivered Notice. At least 10 days prior to the hearing, notice
shall be marled to the applicant and all owners of property within 100 feeq
ex udingtntervening t�tswa,}�an�• e,�t ,� of the boundaries of the
site, as shown on the last equalized assessment roll or, alternatively, from
such other records as contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the City the names
and addresses of owners as required by this section.
The Planning Commission has directed staff to draft an alternative amendment that would
except residential modification permit applications from the expanded notification requires.
This alternative amendment would establish separate notification procedures for modification
permits in residential districts.
Amendment 874
Jury 9, 1998
Page 15
3
B. Required Notice.
Mailed or Delivered Notice.
a. Residential ='Distiids At least 10 days prior to the hearing, notice
shall be mailed to the applicant and all owners of property within
100 feet of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain
more recent addresses. It shall be the responsibility of the applicant
to obtain and provide to the City the names and addresses of owners
as required by this section.
Q
26. Section 20.95.010 (B) establishes the Planning Commission's authority to call up decisions of
the Modification Committee for review. However, Section 20.93.050 does not reflect this
authority. The proposed amendment will correct this omission.
Section 20.93.050, revise to correct error:
20.93.050 Effective Date
Modification permits shall not become effective for 14 days after being granted, and in the
event an appeal to the Planning Conmiiissien is filed or if the Planning Commleapn or City
Council shall exercises its right to review any such decision under the provisions of Chapter
20.95, the permit shall not become effective unless and until a decision granting the
modification permit is made by the Planning Commission or City Council.
27. State Planning and Zoning Law allows zoning amendments involving one thousand (1,000) or
more properties to be noticed through a display advertisement of at least one - eighth page in at
least one (1) newspaper of general circulation within the agency's jurisdictional boundaries.
However, the Zoning Code requires that the notice be published in at least two (2) newspapers
of general circulation. A second display advertisement costs over nine hundred dollars ($900).
Codifying additional public notice beyond the requirements of state law results in a significant
and unnecessary expense.
Am ndm ra 874
July 9. 1998
Page 16
Ll
In addition, the 300 -foot notice requirement needs to be revised per City policy to exclude
intervening rights -of -way and waterways (see Amendment #18).
Section 20.94.030 (B -1), revise to match state law:
Mailed or Delivered Notice. In case the proposed amendment consists of a
change so as to reclassify any property from any district to any other district
or affects thg,gertrutted uses of real property, at least 10 days prior to the
hearing, notice shall be mailed to the applicant, the property owner, and all
owners of property within 300 feet, 6' cludmg intervening rig bts of -way and
waterways, of the boundaries of the site, as shown on the last equalized
assessment roll or, alternatively, from such other records as contain more
recent addresses. It shall be the responsibility of the applicant to obtain and
provide to the City the names and addresses of owners as required by this
section.
If the number of owners to whom notice would be mailed pursuant to this
section is greater than 1000, the Planning Director, at his discretion, in lieu
of mailed or delivered notice, may provide notice by placing a display
advertisement of at least one-eighth page in at leas'f; one
newspaper of general circulation within the City at least 10 days prior to the
hearing. In -e44 cases mvolvng atnendmentsao`;the Dlstrictmg Iv[ap, notice
shall be given by mail to the owner of property that is the subject of the
proposed amendment.
28. This amendment would revise the public notice requirements to include affected business
organizations, as well as homeowner's associations. The City already sends public notices to
business associations. This amendment would codify this practice.
Section 20.94.030 (B -4), revise to provide for business organizations:
4. Notice to Affected Homeowners Community and Business Associations. In
addition, when applicable, the betxeewaers comntunity and/or =business
association having uFis ,item eveF representing „the .area rn wliici the
affected property V1 oggl ' shall also be notified as provided herein.
P PertY �'�� P
29. Section 20.94.050 (A) requires a minor wording change to maintain language consistency with
other sections of the Zoning Code.
A. Hearing Date and Notice. Upon receipt of such report from the Planning
Commission, or upon the expiration of the time limit prescribed in Section
20.94.040, or upon the filing of any appeal, the City Council shall set the matter for
at leas! one public hearing giving notice thereof as prescribed in Section 20.94.030.
Am -nd=nt 874
MY 9. 1998
Page 17
�S
30. This amendment was directed by the City Council. It allows the City Council to directly call
up Planning Director's use permits and modification permits for review, rather than for referral
to the Planning Commission. The intent of this amendment is to expedite the process by
allowing the City Council to directly address issues involving these permits. The City Council
would continue have the option of referring the issue to the Planning Commission, if necessary.
20.95.010 (B), revise as follows:
B. Calls for Review. As an additional safeguard to avoid results inconsistent
with the purposes of this code, decisions of the Planning Director and the
Modifications Committee may be called up for review by the Planning
Commission; or by the City Council fer -°O°--°' te the Olanning
Cenvrtissien. Decisions of the Planning Commission may be called up for
review by the City Council.
31. This amendment was directed by the City Council. It would allow any City Council member to
call an application up for review, rather than through adoption of a motion by four affirmative
votes. Planning Commissioners were given this authority when the Zoning Code was updated
last year. The main reason for this amendment was to allow an item to be called up for review
if the appeal period expired prior to a Planning Commission meeting.
Section 20.95.040 (C), revise as follows:
C. Calls for Review. Calls for review by the Planning Commission or;ttie City
Copneil may be initiated by any member. Calk F F F° ' ' ° Q
Couneil may be initiated upon a metien by any Faembe
affirmative °.°
arrmxmxrii�,�,r.
An alternative to this amendment would be to allow any member of the Planning Commission or
the City Council to extend the call for review period to the next regular meeting of the reviewing
body. At that meeting, the item could be called up for review by a motion by any member and
approved by a majority vote.
This alternative would involve the following revisions to Section 20.95.030 (B) and Section
20.95.040 (C):
20.95.030 Time Limits for Appeals and Calls for Review
A. Appeals. Appeals shall be initiated within 14 days of the decision.
B. Calls for Review. Calls for review shall be initiated within 14 days of the decision.
Amendment 874
July 9, 1998
Page 19
�(�y�uuemen� on} the .a ends M-1 tionfotmauce with: ztttntrtt
'_T3...... _.-.._._.
20.95.040 Initiation of Appeals and Calls for Review
A. Filing of Appeals. Appeals of decisions of the Planning Director or the
Modifications Committee shall be made in writing to the Planning Director.
Appeals of decisions of the Planning Commission shall be made in writing to the
City Clerk.
B. Fee. Appeals shall be accompanied by a fee as established by resolution of the City
Council.
C. Calls for Review.
any member. alls for review by the Plannuig Commission or by ffie City Council
may be initiated upon a motion by any member and
an affi[mattye ma3ontyxvoYe of the revlewing body.
D. Effect on Decisions. Decisions that are appealed or called up for review shall not
become effective until the appeal or review is resolved, as provided in Section
20.95.050.
32. This amendment changes the wording of Section 20.96.040 (E -3) to be consistent with the
wording of similar sections in the Zoning Code.
Section 20.96.040 (E -3), change 16 months "to '780 days."
3. That there has been a discontinuance of the exercise or the entitlement
granted by the permit for 180 consecutive days.
Ocean Boulevard Landscaping
The Planning Commission directed staff to establish landscape height limits on the bluff side of
Ocean Boulevard. Currently, the Zoning Code contains no height restrictions on landscaping, with
the possible exception of hedges. Hedges are treated the same as walls and fences and are limited
in height when located within a setback yard. Other sections of the Municipal Code authorize the
City to control vegetation to address fire hazards, vector control, emergency access, and similar
public safety and health issues.
Generally, most Zoning Codes do not regulate the height of vegetation outside of setback yards.
Some communities do regulate vegetation for purposes of view preservation. However, this is
usually accomplished through a mandatory review and approval of landscape plans prior to
planting. A few communities have enacted regulations that require property owners to maintain
properties in a manner that protects viewsheds. This is enforced on a complaint basis. If it is
determined that growth, maintenance and/or location of vegetation diminishes the viewshed, the
Amendment 874
July 9. 1998
Page 19
I
property owner can be required to thin, shape, top, or remove the vegetation. In short, when this
issue is addressed through regulations, it is typically done so through the control of landscape
materials and/or the subjective determination of the impact to the viewshed.
Staff believes that this issue should be addressed as a separate amendment for the following
reasons:
First, applying height limitation zones to vegetation will present new and unique issues. Unlike
structures, vegetation does grow and increase in height. The property owner will be responsible for
maintaining vegetation within the height limits or risk being cited by Code Enforcement.
Therefore, further investigation into how this regulation will be enforcement is warranted.
Second, the current findings that are required to exceed the height limits were not written to address
vegetation. If some form of relief from the height limits is to be allowed, either the use permit or
modification permit procedures will need to be revised. Consequently, this amendment may require
extensive revisions to other chapters of the Zoning Code.
Third, the Planning Commission also requested that the height limits also be applied to
encroachment permits. Since such an amendment would require revision to other chapters of the
Municipal Code, a second amendment would have to be initiated by City Council. Rather than
conduct two sets of public hearings, it would appropriate to address both issues within a single
amendment.
Finally, there are eighty -three (83) properties on the bluff side of Ocean Boulevard that will be
affected by this amendment. Unlike the other amendments, this change would create a new
property development regulation for a specific group of properties. Therefore, mailed public notice
to these property owners would be appropriate.
Given these unforeseen complexities, the Planning Commission may wish to reconsider this
amendment. Should the Planning Commission wish to proceed, staff requests additional direction
on how to address issues relating to enforcement, relief from the height limits, and public hearing
notification.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Attachment: Draft resolution.
Prepared by:
PATRICK J. ALFORD
Senior Planner
Amendment 874
July 9, 1998
Page 20
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City of Newport Beach
Planning Commission Minutes DRAFT
July 23, 1998
SUBJECT: Minor Amendments to the Zoning Code
City of Newport Beach
• Amendment No. 874
(Continued from June 18, 1998 and July 9, 1998)
(All items with the exception of Item #17 were
Continued to the July 23, 1998 meeting.)
An amendment to Title 20 of the Municipal Code to make several minor
revisions to the Zoning Code. These revisions relate to the definition of terms,
land use classifications, land use regulations, nonconforming structures, the
regulation of signs, public notification requirements, appeal and call for
review procedures, and the removal of obsolete, redundant, and conflicting
language.
Chairperson Selich stated that after public comment, he would ask each of
the Commissioners for any items they wish to pull off for discussion.
Public comment was opened and closed.
Chairperson Selich then asked each of the Commissioners for any items to
be pulled for discussion.
Commissioner Adams pulled items nos. 8, 9, 22, 30 and 31.
Motion was made by Commissioner Gifford to recommend approval of
Amendment 874 to the City Council for items other than (3, 5), 8, 9, 22, 30
and 31.
Commissioner Ridgeway commented as to the notice provision excluding
water, he does not feel it is appropriate for residential or administrative
hearings to exclude water. He has no problem excluding water for notice
provision for all commercial uses, especially since they are probably
adjacent to residential. These radii are expensive and there is no reason for
a residential project to provide them excluding water.
Ms. Temple noted that item 25 may offer an alternative to the Commission.
Following a brief discussion, items 3 and 5 were added to the list.
Without objection, and by acclamation, MOTION CARRIED.
Item No. 3 -
Commissioner Adams - Section 20.10.040 (B -1) should the area be
designated as Old Corona del Mar?
Ms. Temple noted, that particular Section has a specific legal description in it
that defines Old Corona del Mar.
Item 6
A 874
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Motion was made by Commissioner Ridgeway to recommend approval.
Without objection, and by acclamation, MOTION CARRIED.
Item No. 5 -
Commissioner Adams - Section 20.50.030 should it read ....up to or at?
Mrs. Wood answered that the verbiage is standard zoning.
Motion was made by Commissioner Ridgeway to recommend approval.
Without objection, and by acclamation, MOTION CARRIED.
Item No. 8
Commissioner Adams - Section 20.62.090 (13-1) what kicks this off, how many
properties will this effect?
At Commission inquiry, Ms. Temple commented that all that staff tried to
clarify in this particular section is that the abatement proceedings are not
automatic. They require due process and hearings at the Planning
Commission level. All this language is intending to clarify is related to non-
conforming uses and non - conforming buildings. It would be brought to the
attention through some code enforcement procedure.
Motion was made by Commissioner Ridgeway to recommend approval.
Without objection, and by acclamation, MOTION CARRIED.
Item No. 9
Commissioner Adams - Chapter 20.63 - maybe both FAR and building bulk
applications should come to the Planning Commission.
At Commission inquiry, Ms. Temple noted that the existing code as adopted
last year, allows the Planning Director, through the Planning Directors Use
Permit, to approve projects in excess of their base floor area limits within
certain peramiters. The building bulk is a design feature issue and staff felt
that a similar path would be appropriate since all approvals of the Planning
Director can be called for review or appealed to the Planning Commission
in any case. That particular threshold is within the overall floor area limits
established for the statistical area. It does not actually increase the floor
area limits for the statistical area within which the project is located. There
are other capacity restraints on any property such as the requirement to
provide parking and height limits, so these types of adjustments are usually
relatively modest in nature when all factors are combined.
Motion was made by Commissioner Ridgeway to recommend approval.
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July 23, 1998 INDEX
Without objection, and by acclamation, MOTION CARRIED.
Item No. 22
Commissioner Adams - Section 20.91.035 (B -1) questioned the language, the
ability of the property to enjoy something.
Ms. Clauson stated that is the verbiage from the state law.
Motion was made by Commissioner Ridgeway to recommend approval.
Without objection, and by acclamation, MOTION CARRIED.
Motion was made by Commissioner Ridgeway to consider item no. 21.
Without objection, and by acclamation, MOTION CARRIED.
Commissioner Ridgeway stated that the same issue of notice excluding
water that applies to use permits and variance asked that the some
language apply to other permits.
Ms. Temple, noting that it is the intent of Commissioner Ridgeway to make
the notice verbiage consistent to all, suggested that this can be done to all
notice requirements through a motion since they are all in the subject matter
being discussed. The language from Item 25 regarding notification of
projects in nonresidential districts shall apply to items 21, 23 and 24.
Motion was made by Commissioner Ridgeway to re -open and recommend
approval of these items with the added language.
Without objection, and by acclamation, MOTION CARRIED.
Item No. 30
Commissioner KranAey stated that this items seems to take the Planning
Commission out of the loop by not having the Commission as part of the
process.
Commissioner Adams stated that the City Council will hear the items, but his
concerns is that the planning decision policy could be made without
hearing by the Planning Commission.
Motion was made by Commissioner Ridgeway to recommend against item
30.
Commissioner Gifford asked if this recommendation could inform City
Council that we feel it helps us to do our job in the larger sense to follow
each issue all the way through?
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Planning Commission Minutes u .
July 23, 1998 INDEX
Mrs. Wood noted that she thought the City Council felt that if they are
calling something up, they understand the reason for the call up. If it gets
referred to the Planning Commission instead of having the Council review it,
then the Planning Commission is in the dark.
Discussion followed regarding the review and call up process procedures.
Chairperson Selich called for the vote.
Without objection, and by acclamation, MOTION CARRIED.
Item No. 31
Ms. Temple explained that this is an item where there are two alternatives.
The initial alternative including in the initiation resolution which simply puts
the Planning Commission and City Council on an equal basis in terms of
initiation by one member rather than a majority vote. The second
alternative is giving the individual the ability to bring it to a level of a vote.
This one again attempts to put the Planning Commission and City Council on
an equal basis, but simply allows the individual to extend the appeal period
until such time as a vote can be taken at either Planning Commission or City
Council. Each alternative places the Planning Commission and City Council
on an equal footing because the existing language allows an individual
Commissioner to call for review of an application, but the Council must
achieve a four vote majority. The first alternative puts both bodies on an
equal footing in that an individual can call it up, the second alternative
maintains equal footing but allows individuals to hold the decision until such
time as to vote as to whether a call up is appropriate can be made. The
City Council has asked for the change because they find it a little disturbing
that an individual Planning Commissioner has the some authority as a
majority of the City Council.
Motion was made by Commissioner Gifford to recommend approval of item
31 as stated in C. - 6 Ayes Fuller, Ashley, Selich, Gifford, Adams, Kranzley 1 No
Ridgeway
Section 20.03.030, add new definition.
Section 20.05.080 (F & H), replace with new land use classification.
Section 20.10.040 (B -1), remove unneeded language and revise to clarify.
Section 20.20.020 (Table), delete conflicting row.
Section 20.50.030, add missing provision from the old code.
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Planning Commission Minutes
July 23, 1998 INDEX
Chapter 20.60, add new section on personal property sales in residential
districts.
Revise Section 20.62.060 (A -3) to remove R1.5 District and All Other
Residential Districts.
Section 20.62.090 (B -1), revise to include all buildings.
Revise Section 20.63.060 regarding Building Bulk.
Revise Section 20.65.030 (B -2), to clarify language.
Section 20.65.060, delete obsolete language.
Reformat Section 20.65.050 (B) as a separate section regarding height limits.
Revise Section 20.66.040 (A -1) to include the R -1.5 District:
Revise Section 20.66.050 (B -4) to provide the correct reference.
Revise Section 20.67.020 (J -3), regarding luminous tube signs.:
Revise Section 20.67.025 (1), add new sections regarding vehicle signs and
changeable copy signs.
Revise Section 20.67.035 (B) regarding signs.
Revise Section 20.82.050, regarding required notice.
Revise Section 20.86.070 regarding required notice.
Revise Section 20.91.025 (A), regarding authority.
Revise Section 20.91.030, regarding required notice.
Revise Section 20.91.035 (B -1) wording regarding application.
Revise Section 20.92.050, regarding required notice.
Revise Section 20.92.060 (A), regarding an exception.
Section 20.93.030 (B), regarding required notice.
Section 20.93.050, revise to correct error.
Section 20.94.030 (B -1), revise to match state law:
Section 20.94.030 (B -4), revise to provide for business organizations.
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Planning Commission Minutes
July 23, 1998
DAFT
Section 20.94.050 (A) requires to maintain language consistency with other
sections of the Zoning Code:
Section 20.95.010 (B), revise recommendation for denial.
Section 20.95.040 (C), revise calls for review.
Section 20.96.040 (E -3), change ❑6 months to -180 days."
SUBJECT: General Plan Amendment 98 -2 (B)
An amendment to the Development Policy G of the Land Use Element of
General Plan relating to time - shares projects.
Commissioner Ridgeway commented about item 4 which states, time -share
projects shall provide mitigation for any loss of tax revenues as a pretty onerous
statement.
Ms. Temple noted that this came about
Ms. Clauson stated there is talk about converting hotel rooms to time shares
and that there is a provision in state law that restricts the ability to impose
transient occupancy taxes on time shares. Staff has changed the ordinance
to allow for time shares with the intent to protect in some form of another
through a development agreement. So however it is going to be worked out,
it would be worked out in a development agreement. The mitigation might
be some other form of providing an equal type of a tax as a transient
occupancy tax revenue.
Commissioner Ridgeway noted that the original state law was worried about
conversion. We do not have pursey conversions, we have new ground up
projects, that is why I am bothered. I do not have a problem with conversions,
I do have a problem with that language as it relates to a new development
project. I see this as abusive.
Ms. Clauson stated that the Newporter Inn is what prompted this whole
change a couple of years ago. They were going to convert.
Commissioner Ashley added that the City of Anaheim as applied the TOT tax
to time share uses both new and converted. It is onerous, because what they
asked the developer to do is figure out his over night occupancy rate would
be and he has to collect the City's TOT from each person that occupies it for
night.
33
INDEX
Item 7
GPA 98 -2 (B)
dq