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Home My WebLink About03 - Rename the Multiple Residential Detached (RMD) Zoning District to Medium Density Residential (RMD)PORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN June 25, 2019 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Liz Westmoreland, Assistant Planner, Iwestmoreland(a)-newportbeachca.gov PHONE: 949-644-3234 TITLE: Ordinance No. 2019-10: Adoption of an Ordinance Amending the Municipal Code to Rename the Multiple Residential Detached (RM - D) Zoning District to Medium Density Residential (RMD) and Include Reference to Attached Dwelling Units (PA2019-065) ABSTRACT: The attached ordinance was introduced and considered at the June 11, 2019, City Council meeting. The ordinance would amend the Newport Beach Municipal Code (NBMC), Title 20 Zoning Code, to correct an error by renaming the Multiple Residential Detached (RM - D) Zoning District to Medium Density Residential (RMD). The amendment includes revising the purpose of the zone to allow for attached units in addition to detached units, consistent with the historic pattern of development and prior version of the Zoning Code. RECOMMENDATION: a) Find this project from the California Quality Act (CEQA) pursuant to Section 15303 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and b) Conduct second reading and adopt Ordinance No. 2019-10, An Ordinance of the City Council of the City of Newport Beach, California, Amending the Newport Beach Municipal Code to Rename the Multiple Residential Detached (RM -D) Zoning District to Medium Density Residential (RMD) and Include Reference to Attached Dwelling Units (PA2019-065). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 3-1 Second Reading and Adoption of Ordinance Amending the Zoning Code to Rename the Multiple Residential Detached (RM -D) Zoning District and Include a Reference to Allow for Attached Dwelling Units (PA2019-065) June 25, 2019 Page 2 DISCUSSION At the June 11, 2019 City Council meeting, the City Council held a public hearing and considered the attached ordinance. The ordinance amends the zoning code to correct an error by renaming the Multiple Residential Detached (RM -D) Zoning District to Medium Density Residential (RMD). The ordinance includes revising the purpose of the zone to allow for attached units in addition to detached units. The City Council unanimously approved the item with no further changes and passed the ordinance for second reading and adoption. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act (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 amendment does not authorize any development. This action would also be considered exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. The proposed amendment seeks to clarify a clerical error in the Zoning Code. Additionally, the lots affected by this amendment have an average slope of less than twenty percent (20%), multi -unit residential use will continue to be allowed, and the maximum number of dwelling units currently identified in the general plan and zoning districts will remain the same. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2019-10 3-2 ATTACHMENT A ORDINANCE NO. 2019-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO RENAME THE MULTIPLE RESIDENTIAL DETACHED (RM -D) ZONING DISTRICT TO MEDIUM DENSITY RESIDENTIAL (RMD) AND INCLUDE REFERENCE TO ATTACHED DWELLING UNITS (PA2019-065) WHEREAS, in 2008, the City of Newport Beach ("City") annexed the West Santa Ana Heights area into the City which included the Medium Density Residential (RMD) zoning designation that allowed both attached and detached dwelling units; WHEREAS, in 2010, the City undertook a comprehensive update to Title 20 "Planning and Zoning" ("2010 Zoning Code Update") of the Newport Beach Municipal Code ("NBMC"); WHEREAS, during the 2010 Zoning Code Update, the name of the Medium Density Residential (RMD) Zoning District was inadvertently changed to Multiple Residential Detached (RM -D) and the purpose was inadvertently changed limiting multi- unit residential developments to only detached dwelling units; WHEREAS, the Medium Density Residential (RMD) zoning designation is necessary to maintain historic property rights and the existing pattern of development of properties within that particular zoning designation. This code amendment will correct an unintended change from the 2010 Zoning Code Update by accurately identifying the original zoning designation; WHEREAS, pursuant to NBMC Section 20.66.020, the Planning Commission initiated the code amendment on March 23, 2019, to rename the Multiple Residential Detached (RM -D) zoning district to Medium Density Residential (RMD) and include reference to attached dwelling units; WHEREAS, on May 9, 2019, the Planning Commission conducted a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider this amendment. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; 3-3 Ordinance No. 2019-10 Page 2 of 9 WHEREAS, at the May 9, 2019, public hearing, the Planning Commission received public comments and written staff reports, and on an affirmative motion (4 ayes, 3 absent, and 0 noes), forwarded a recommendation to the City Council to approve the proposed amendment; and WHEREAS, the City Council conducted a public hearing on June 11, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach to consider this amendment. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Ralph M. Brown Act. 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 ordains as follows: Section 1: Section 20.18.010(F) of the NBMC is hereby amended to read as follows: F. RMD (Medium Density Residential) Zoning District. The RMD Zoning District is intended to provide for areas appropriate for medium density residential developments containing attached or detached dwelling units. Section 2: Section 20.14.010 (Zoning Map Adopted by Reference) of the NBMC is hereby amended to change all references of "RM -D" to "RMD." Section 3: Table 4-1 (Animal Keeping Standards) of Section 20.48.040(A) of the NBMC is hereby amended to read as follows: TABLE 4-1 ANIMAL -KEEPING STANDARDS 3-4 Zoning Minimum Districic Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Household Pets Total of 3 animals RM Cats and/or dogs over 4 months old None None RMD P All MU 3-4 Ordinance No. 2019-10 Page 3 of 9 TABLE 4-1 ANIMAL -KEEPING STANDARDS 3-5 Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Total of 4 animals R-1 over 4 months old None None R -BI P R-2 Total of 6 animals None None RA P over 4 months old Small household pets (e.g., Any combination up domesticated birds; hamsters, to 10 total None None All P guinea pigs, mice; nonpoisonous reptiles and snakes; rabbits, etc.) Pot-bellied pigs 1 None None R-1 MUP (3) Domestic Farm Animals See subsection (B) of 1 horse per each this section (Required 10,000 sq. ft., up to 1/2 acre Setbacks for R -A P a maximum of 3 Domestic Farm horses (1) Animals). Horses (noncommercial only) See subsection (B) of this section (Required 4 or more horses (1) 1 acre Setbacks for R -A MUP Domestic Farm Animals). Horses (commercial) As determined by conditional use permit R -A CUP 3-5 Ordinance No. 2019-10 Page 4 of 9 TABLE 4-1 ANIMAL -KEEPING STANDARDS Notes: (1) Offspring are exempt until they are weaned. (2) P = Allowed without a development permit. CUP = Conditional use permit required (Section 20.52.020). MUP = Minor use permit required (Section 20.52.020). (3) See also Section 7.12.010 (Keeping of Livestock). (4) Allowed in compliance with Chapter 7.08 (Wild Animals). M Zoning Minimum Districts Required Maximum Number Parcel Minimum Setback Where Permit Type of Animal of Animals per Site Size from Lot Lines Allowed (2) Goats, pigs, sheep, cows, See subsection (B) of poultry, and similar animals kept this section (Required Total of 2 adult 15,000 in corrals and stables, including Setbacks for R -A (3) P animals (1) sq. ft. pot-bellied pigs Domestic Farm Animals). Fowl (not including roosters, See subsection (B) of cockerels, or peacocks) this section (Required 10 animals per 1/2 1/2 acre Setbacks for R -A (4) MUP acre Domestic Farm Animals). Other Animals Apiary Prohibited—See Section 7.25.010. Aviary (noncommercial only) Allowed in compliance with Section 7.15.010 (Birds) and Chapter 7.08 (Wild Animals). Wild animals Allowed in compliance with Chapter 7.08 (Wild Animals). Notes: (1) Offspring are exempt until they are weaned. (2) P = Allowed without a development permit. CUP = Conditional use permit required (Section 20.52.020). MUP = Minor use permit required (Section 20.52.020). (3) See also Section 7.12.010 (Keeping of Livestock). (4) Allowed in compliance with Chapter 7.08 (Wild Animals). M Ordinance No. 2019-10 Page 5 of 9 Section 4: Table 1-1 (Zoning Districts Implementing the General Plan) of Section 20.14.020 of the NBMC is hereby amended to read as follows: TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map General Plan Land Use Designations Implemented Symbol Zoning Districts by Zoning Districts Residential Zoning Districts R -A 1 R-1 I R-1-6,000 Single -Unit Residential Detached IRS -D (Single -Unit Residential Detached R-1-7,200 R-1-10,000 R -BI R-2 Two -Unit Residential IRT ITwo-Unit Residential R-2-6,000 RM RM Multiple -Unit Residential I RM -D (Multiple -Unit Residential RM -6,000 Multi -Unit Residential Detached RMD Commercial Zoning Districts OA Office—Airport AO Airport Office and Supporting Uses OG Office—General Commercial CO -G General Commercial Office OM Office—Medical Commercial CO -M Medical Commercial Office OR Office—Regional Commercial CO -R Regional Commercial Office CC Commercial Corridor CC Corridor Commercial CG Commercial General CG General Commercial 3-7 Zoning Map Symbol CM Ordinance No. 2019-10 Page 6 of 9 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Districts Commercial Recreational and Marine CN Commercial Neighborhood CV Commercial Visitor -Serving CV -LV Commercial Visitor -Serving, Lido Village Mixed -Use Zoning Districts MU -V Mixed -Use Vertical MU -MM MU -DW MU-CV/15th Street Mixed -Use MU -W1 MU -W2 Mixed -Use Water Industrial Zoning Districts IG I Industrial Special Purpose Zoning Districts OS Open Space PC Planned Community PF Public Facilities PI Private Institutions General Plan Land Use Designations Implemented by Zoning Districts CM Recreational and Marine Commercial CN Neighborhood Commercial CV Visitor -Serving Commercial CV -LV Visitor -Serving Commercial— Lido Village MU -V I Mixed -Use Vertical MU -H i Mixed -Use MU -W 1 Mixed -Use Water -Related IG Industrial OS IOpen Space All designations PF Public Facilities PI Private Institutions 3-8 Ordinance No. 2019-10 Page 7 of 9 TABLE 1-1 ZONING DISTRICTS IMPLEMENTING THE GENERAL PLAN Zoning Map Symbol Zoning Districts General Plan Land Use Designations Implemented by Zoning Districts PR Parks and Recreation 1PR Parks and Recreation Overlay Zoning Districts MHP Mobile Home Park RM Multiple -Unit Residential PM Parking Management All designations B Bluff All designations (Ord. 2015-35 § 3, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010) Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-9 Ordinance No. 2019-10 Page 8of9 The City Council finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than twenty percent (20%), which do not result in any changes in land use or density. The proposed amendment seeks to clarify a clerical error in the NBMC. Additionally, the lots affected by this amendment have an average slope of less than twenty percent (20%), multi -unit residential use will continue to be allowed, and the maximum number of dwelling units currently identified in the general plan and zoning districts will remain the same. Section 8: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. 3-10 Ordinance No. 2019-10 Page 9 of 9 Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of June, 2019, and adopted on the 25th day of June, 2019, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C. HARP, CITY ATTORNEY 3-11