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HomeMy WebLinkAbout1619 - RECOMMEND TO ADOPT CA_MODIFICATION PERMIT PROCESSRESOLUTION NO. 1619 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO. 2003 -003 (PA 2003 -080) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The proposed code amendment is to Chapter 20.93 of Title 20 of the City of Newport Beach Municipal Code. The City Council initiated this amendment on June 24, 2003. Section 2. A public hearing was held on November 6, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The modification permit process should be revised to provide administrative relief in cases where there is a practical difficulty and unnecessary hardship that would preclude a reasonable use of property, the modification being requested is compatible with the surrounding neighborhood, the proposed modification would not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. The Modification Committee's authority (Section 20.93.015 (B)) should be revised to emphasize the committee's role in determining if a modification permit is applicable to the proposed application. 3. The intent of the proposed revisions is consistent with the original intent of providing relief when the strict literal interpretation and enforcement of property development regulations would be inconsistent with the general purpose of Zoning Code. 4. The public notice radius should be expanded from the 100 -foot radius to a 300 - foot radius to provide greater opportunity for public input. 5. The project has been reviewed and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. City of Newport Beach Planning Commission Resolution No. 1619 Page 1 of 2 Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2003 -003 to revise Chapter 20.93 of Title 20 of the Newport Beach Municipal Code as provided in attached Exhibit A. PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF NOVEMBER 2003. Earl McDaniel, Chairman BY: MiqDaeffoerge, Secretary AYES: Eaton, Toerge, McDaniel and Kiser NOES: Cole, Selich and Tucker City of Newport Beach Planning Commission Resolution No. 1619 Page 2 of 2 CHAPTER 20.93 MODIFICATION PERMITS Sections: 20.93.010 Purpose Page 20.93A Modification Permits 20.93. Modifications Committee 20.93. Application for a Modification Permit 20.93. Notice and Public Hearings 20.93. Required Findings 20.93. Duties of the Modifications Committee 20.93. Conditions of Approval 20.93. Effective Date 20.93. Expiration, Time Extension, Violation, Discontinuance, and Revocation 20.93. Amendments and New Applications 20.93. Rights of Appeal and Review 20.93.010 Purpose 20.93. Modifications Committee M9111 EXHIBT A Page 20.93 -2 Modification Permits A. Composition. A Modifications Committee consisting of three members is hereby established for the purpose of passing upon requests for reasonable use of property not permissible under existing regulations. The Modificarions Committee shall have authority to grant, subject to appeal to the Planning Commission tinder provisions of this code, modifications as provided herein. The Modifications Committee shall be composed of the following members or their designated representatives: I. The Planning Director, who shall act as Chair 2. The Public Works Director 3. The Building Director The Modifications Committee shall include staff members assigned to aid the Modifications Committee as necessary. a. Required building setbacks in front, side or rear yards; b. Heights of walls, hedges or fences; C. Distances between buildings; d. Area, number and height of signs not requiring an exception permit or limited by Planned Community District regulations; e. Roof signs and off -site signs in accordance with Chapter 20.67; Structural appurtenances or projections which encroach into front, side or rear yards; g. Location of accessory buildings on a site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; h. Size or location of parking spaces or access to parking spaces; EXHIBT A w�w��i��iwr��; a. Required building setbacks in front, side or rear yards; b. Heights of walls, hedges or fences; C. Distances between buildings; d. Area, number and height of signs not requiring an exception permit or limited by Planned Community District regulations; e. Roof signs and off -site signs in accordance with Chapter 20.67; Structural appurtenances or projections which encroach into front, side or rear yards; g. Location of accessory buildings on a site; the construction or installation of chimneys, vents, rooftop architectural features and solar equipment in excess of permitted height limits; h. Size or location of parking spaces or access to parking spaces; EXHIBT A Page 20.93 -3 Modification Permits Swimming pool and swimming pool equipment encroachments; Roof parking of automobiles in nonresidential districts; k. Minor modifications and improvements to nonconforming buildings; a. Lot line adjustments, in accordance with Chapter 19.76 of Title 19 (Subdivision Code); b. Tentative parcel maps, in accordance with Chapter 19.12 of Title 19 (Subdivision Code); C. Condominium conversions involving four or less units, via approval of a tentative parcel map in accordance with Chapter 20.83 and Title 19 (Subdivision Code); and d. Such items as may be subsequently set forth by the Planning Commission resolution, subject to a confirming resolution by the City Council. The Modifications Committee shall also pass upon all re quests to extend existing use permits which have been approved by the Planning Commission and exercised by the applicant. C. Meetings. The Modifications Committee shall hold one or more regular meetings each month and may hold special meetings as necessary. 20.93.0 Application for a Modification Permit A. Procedure. An application for a modification permit shall be filed in a manner consistent with the requirements contained in Chapter 20.90: Application Filing and Fees. B. Required Plans and Materials. An application for a modification permit shall be accompanied by the following: Plot plans showing all property lines, structures, parking, driveways, other major improvements or facilities and landscaped areas. Elevations of all proposed structures. EXHiBT A Page 20.934 Modification Permits 3. Other plans such as floor plans as may be required by the Planning Director to assure a proper consideration of the application. 4. In the case of a lot line adjustment, the materials described in Chapter 19.76 of Title 19 (Subdivision Code). In the case of a tentative parcel map, the map and other materials described in Title 19 (Subdivision Code). 20.93.M Notice and Public Hearing A. Tentative Parcel Maps. Notwithstanding other provisions of this Section, notice and hearing procedures for tentative parcel maps shall be as specified in Chapter 19.08 of Title 19 (Subdivision Code). Time of Hearing. r.° - «, _ « preper _, ,. v,, .,,.,,ppliea4iee filed pur-suai,s C. Required Notice. Mailed or Delivered Notice. a. Residential Districts. At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property 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. b. Nonresidential Districts. 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. 2. Posted Notice. Notice shall be posted in not less than 2 conspicuous places on or close to the property at least 10 days prior to the hearing. EXHIBT A Page 20.93 -5 Modification Permits C. Contents of Notice. The notice of public hearing shall contain: A description of the location of the project site and the purpose of the application; 2. A statement of the time, place, and purpose of the public hearing; A reference to application materials on file for detailed information; A statement that any interested person or authorized agent may appear and be heard. D. Continuance. Upon the date set for a public hearing before the Modifications Committee, the Modifications Committee may continue the hearing to another date without giving further notice thereof if the date of the continued hearing is announced in open meeting. 20.93 Required Findings EXHIBT A �WM��Mi�N1i19��ry11�N�tA iY .-. .: �INiAXlll➢NNi�1��IMl�.�MN�l1lf lNlll[MIIiWIIl1�iMNINN!11! i I q 1171111 ^ �1MY..iWMf�Y� EXHIBT A Page 20.93 -6 Modification Permits 20.93.0 Duties of the Modifications Committee A. Investigation. The Modifications Committee shall cause to be made, by its own members or its respective staffs, such investigation of facts bearing upon such application as will serve to provide all information necessary to assure that the action on each application is consistent with the intent of this section and sound planning practices. B. Rendering of Decision. After the conclusion of the hearing on any application for a modification permit, the Modifications Committee shall render a decision within 15 days unless otherwise stipulated by the applicant and the Modifications Committee. C. Referral to Planning Commission. In the event the Modifications Committee determines that an application should properly be heard by the Planning Commission, it may refer the matter to the Planning Commission for hearing and original determination on the merits. The procedure for notice and hearings held by the Planning Commission on such applications shall be in accordance with the same provisions as set forth in this chapter. D. Administrative Act. The granting of any modification permit, when conforming to the provisions of this code, is hereby declared to be an administrative function, the authority and responsibility for performing which is imposed upon the Modifications Committee. W action thereon by the Modifications Committee shall be construed as administrative acts performed EXHIBT A Page 20.93 -7 Modification Permits for the purpose of assuring that the intent and purpose of this code shall apply in special cases, as provided in this section, and shall not be construed as amendments to the provisions of this code or the districting map of the City. 20.93. Conditions of Approval The Modifications Committee may impose such conditions in connection with the granting of a modification permit as they deem necessary to secure the purposes of this code and may require guarantees and evidence that such conditions are being or will be complied with. 20.93. Effective Date No permit or license shall be issued for any use or property modification until the decision shall have become final by reason of the expiration of time to make an appeal, which for purposes of modification permits shall be within 14 calendar days after the date of the Modifications Committee's decision. In the event an appeal is filed, the modification permit shall not becomc effcctive unless and until a decision is made by the Plannink Commission on such appeal, 20.93.0 Expiration, Time Extension, Violation, Discontinuance, and Revocation A. Expiration. Any modification permit granted in accordance with the terms of this code shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: A grading permit has been issued and grading has been substantially completed; or 2. A building permit has been issued and construction has commenced; or 3. A certificate of occupancy has been issued; or 4. The use is established; or 5. A time extension has been granted. In cases where a coastal permit is required, the time period shall not begin until the effective date of approval of the coastal permit. B. Time Extension. The Planning Director may grant a time extension for a modification permit for a period or periods not to exceed 3 years. An application for EXBBT A Page 20.93 -8 Modification Permits a time extension shall be made in writing to the Planning Director no less than 30 days or more than 90 days prior to the expiration date. C. Violation of terms. Any modification permit granted in accordance with the terms of this code may be revoked if any of the conditions or terms of such modification permit are violated, or if any law or ordinance is violated in connection therewith. D. Discontinuance. A modification permit shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. E. Revocation. Procedures for revocation shall be as prescribed by Chapter 20.96: Enforcement. 20.93.0 Amendments and New Applications A. Amendments. A request for changes in conditions of approval of a modification permit, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. B. New Applications. If an application for a modification permit is disapproved, no new application for the same, or substantially the same, modification permit shall be filed within one year of the date of denial of the initial application unless the denial is made without prejudice. 20.93.0 Rights of Appeal and Review A. Rights of Appeal and Review. Decisions of the Modifications Committee may be appealed by any interested party to the Planning Commission. B. Calls for Review. The Planning Commission may review any decision of the Modifications Committee. C. Procedures. Procedures for appeals and calls for review shall be as prescribed by Chapter 20.95: Appeals and Calls for Review. F: IUSERS%PLN\Shared\PA's\PAs - 2003\PA2003 -0804 August_ Stuf A20- 93ZC_stike_out_09_03_03.DOC Ea76BT A