HomeMy WebLinkAbout1815 -RECOMMEND ADOPTION OF CA TO UPDATE THE CITY OF NEWPORT BEACH ZONING CODERESOLUTION NO. 1815
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION ZONING CODE AMENDMENT NO. CA2009 -001 TO
UPDATE THE CITY OF NEWPORT BEACH ZONING CODE
(PA2009 -034)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006,
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
2. Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan
Update was considered to be a "major amendment" due to the resulting increases in
density, intensity and traffic. Consistent with City Charter Section 423, the General
Plan Update was placed on the ballot for the November 7, 2007, General Election. The
electorate approved the increases associated with the General Plan Update.
3. Chapter 13 of the General Plan contains the City's implementation program to carry out
the goals and policies of the General Plan. Implementation Program 2.1 calls for a review
and amendment of the City's Zoning Code for consistency with the General Plan.
4. City staff has prepared a comprehensive amendment of the Zoning Code ( "Zoning
Code Update "), which includes new zoning districts, new use classifications, updated
and revised definitions, new and amended development standards, updated Zoning
Maps, and modified administrative procedures. The Zoning Code Update is a
complete re -write of the City's current zoning regulations. The Zoning Code Update
and the proposed zoning districts and regulations reflect the land use designations and
policies established by the Land Use Element included in the General Plan Update.
5. Chapter 20.94 of the City's Zoning Code requires the Planning Commission to hold at
least one public hearing before making a recommendation on any proposed zoning code
amendment to the City Council.
6. The Planning Commission considered the proposed Zoning Code Update including an
Initial Study and Negative Declaration and received public testimony during a series of
public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July
15, 2010, and July 29, 2010 that were duly noticed as required by California Government
Code Section 65091.
Planning Commission Resolution No. 1815
Page 2 of 8
SECTION 2. FINDINGS.
1. The General Plan Update, approved by voters in 2006, reflects the community's vision
for Newport Beach, and provides policies for realizing this vision. The zoning code is
an important tool for implementing land use related policies of the Newport Beach
General Plan.
2. The draft Zoning Code Update, including the recommended changes within Exhibit
"B ", is consistent with the General Plan Update.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission hereby recommends that the City Council of the City of Newport
Beach approve Zoning Code Amendment No. 2009 -001 as shown in Exhibit "A ", and the
recommended text and map revisions /changes as shown in Exhibit "B ".
PASSED, APPROVED AND ADOPTED THIS 29th DAY OF JULY, 2010.
AYES: McDaniel, Peotter, Toerge, and Unsworth
NOES: Eaton, Hawkins and Hillgren
Earl McDaniel, Chairman
BY: %
Michas rge, Secretary
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Planning Commission Resolution No. 1815
Exhibit "A"
Draft Zoning Code — May 2010
(Available separate due to bulk)
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Planning Commission Resolution No. 1815
Page 4 of 8
Exhibit "B"
Planning Commission Recommended Changes to the
Draft Zoning Code dated May 2010
(Includes Maps C1 -C4)
1. Pg. 1 -3, Section 20.10.040.A — revised to read as follows: "A. Compliance required. No
structure shall be altered, erected, or reconstructed in any manner, nor shall any
structure or land be used for any purpose, other than as allowed by this Zoning Code.
The City Council may exempt specific City implemented projects by adopting a
resolution at a noticed public hearing upon setting forth the specific Code provisions that
would apply in the absence of the exemption.
2. Pg. 2-4, Section 20.16.030 — add reference to Zoning Clearance section (20.52.100)
and Site Development Review (20.52.080).
3. Pg. 2 -12, Section 20.18.030, Table 2 -3 — revise the minimum lot size in the R -BI zoning
district from 5,000 square feet to 2,375 square feet.
4. Pg, 2 -12, Section 20.18.030, Table 2 -3 - under Floor Area Limit for R -BI add footnote
similar to (4) on pg. 2 -16 explaining floor area limit and buildable area; also add a similar
footnote for Corona Del Mar (as depicted on Area Map A-4).
5. Pg. 2 -21, Section 20.20.20, Table 2-4 - Convalescent Facility (Land Use): Prohibit in OG
zoning district (p. 2 -21).
6. Pg 2 -21, Section 20.20.020 - add Emergency Shelters permitted by right to OA zoning
district under service uses.
7. Page 2 -21, Table 2-4 and other applicable tables - for consistency change all references
to "Emergency Health Facilities" to "Emergency Health Facilities /Urgent Care ".
8. Page 2 -22, Table 2 -4 - add "lounge" to "smoking" under Service Uses — General.
9. Pg. 2 -34, Section 20.22.020, Table 2 -8 Marina Support Facilities — add they are
permitted with an MUP in the MU -MM and MU -CV zoning districts.
10. Pg. 2 -57, Section 20.28.040 (Bluff Overlay District) - delete all references to Canyon
Overlay District here and throughout entire code.
11. Pg. 2 -59, Section 20.28.040D.4.a.1. — revise the limit of Area A to be the 50 -foot contour
line rather that the 35- foot contour line.
12. Pg. 2 -61, Section 20.28.040 D 4 — revise as follows to be consistent with Bluff Overlay
Map B -6:
"(2) Development Area B. Between the 48 -foot contour line and the 33 -foot contour
line.'
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(3) Development Area C. All portions of the lot not located in Area A or B.
(4) Additional Development standards. No fences or walls in Area C."
13. Pg, 3 -8, Section 20.30.040 C - add "4" to allow residential uses adjacent to commercial
uses or commercial alleys to have the ability to have walls /hedges up to 8' in height in
required side yards for buffering and /or sound attenuation.
14. Pg. 3 -14, Section20.30.060B.4. — delete entire section (setback plane requirement).
15. Pg. 4 -7 Section 20.48.030 C.3. - add "e ", an additional item for consideration, indicating
that the proposed amendment will be reviewed to determine if it will resolve any current
objectionable conditions.
16. Pg. 4 -7, Section 20.48.030 CA.d. — strike "lapse" and insert "expire ".
17. Pg. 4 -16, Section 20.48.090 D. — indicate that this section applies to all Eating and
Drinking, including Late Hours.
18. Pg. 4 -17, Section20.48.090 F.2 — in the first sentence add "including bars, lounges and
nightclubs ".
19. Pg. 4 -22, Section 20.48.130 E — revise reference to "Chapter 10" to reference "Title 10
of the Municipal Code, as may be amended form time to time ".
20. Pg. 4 -29, Eliminate draft Section 20.48.180.D entirely.
21. Pg. 4 -35, Section 20.48.210 — add entry for fuel tank vents and require that they be
located at the rear of the property or other inconspicuous location and screened from
public view.
22. Pg. 5 -21, Section 20.52.050 B.1.a — delete "solar equipment ".
23. Pg. 5 -33, Section 20.52.080, Table 5 -2 — delete reference to Canyon Overlay District.
24, Section 20.70.020 — Add the following two definitions:
Supportive Housing. Housing with no limit on length of stay, that is occupied by the
target population, as defined by Section 53260(d) of the California Health and Safety
Code, and that is linked to onsite or offsite services that assist the tenant to retain the
housing, improve his or her health status, maximize their ability to live and, when
possible, to work in the community. Supportive housing that is provided in "Single -, Two-
, or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home
"Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally
permitted or prohibited in the same manner as the other "Single -, Two- or Multi - Family
Dwelling Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential Care
Facilities ", or "Boarding House" uses under this Code.
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Transitional Housing. Rental housing operating under program requirements that call
for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient program at some predetermined future point in time, which shall be no
less than six months. Transitional housing that is provided in "Single -, Two -or Multi -
Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential
Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or
prohibited in the same manner as the other "Single -, Two -, or Multi - Family Dwelling
Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential Care Facilities ",
or "Boarding House" uses under this Code.
25. Pg. 7 -14, Section 20.70.020, Congregate Care Home (Land Use) - Identify as a "land
use ". Add to use tables as allowed with a MUP or CUP in the PI zoning district (pg. 2 -53,
Table 2 -14).
26. Pg. 7 -22, Section 20.70.020, definition of "Floor Area Ratio (FAR) ", change word "net" to
"gross" where it appears.
27. Pg. 7-43, Section 20.70.020 "Review Authority" definition - Add "City Traffic Engineer"
and "Public Works Director" to the list of review authorities within the second sentence.
28. Pg. 3 -63, Section 20.38.040D. Nonconforming Structures — Foundation Alterations.
Revise subsection to allow foundation modification, retrofitting and replacement, when
necessary and in conjunction with additions allowed pursuant to subsections
20.38.040G and 20.38.060A of the Nonconforming Uses and Structures Chapter.
29. Tables 2 -2 and 2 -3 Section 20.18.030. Revise footnote (2) as follows:
"Lots may be subdivided so that the resulting lot area and dimensions for each new lot
are less than that identified in Table 2 -2 in compliance with the provisions of Municipal
Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original
underlying lots on the same block face and in the same zoning district. Lot width and
length may vary according to the width and depth of the original underlying lots. New
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA)."
30. Revise Zoning Map. Change the zoning district from PC -25 to Public Facilities for the
Newport-Mesa School District Site. (Map C -1)
31. Revise Setback Map S' -10A Corona del Mar. Add call -out to map in order to clarify front
setbacks on Pacific Drive. (Map C -2)
32. Add Setback Map S -11 D Harbor View Hills /Spyglass. Additional map is needed to depict
appropriate front and rear setbacks. (Map C -3)
33. Add Setback Map S -14 Granville Drive. Additional map is needed to depict setbacks
along Granville Drive. (Map C -4)
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34. Pg. 4 -21, Section 20.48.130.H is revised to read as follows: "H. Notification to
owners and tenants. Project applicants shall prepare a written disclosure statement prior
to sale, lease, or rental of a residential unit in a mixed use project or located within a
mixed use zoning district. The disclosure statement shall indicate that the occupants will
be living in an urban type of environment and that the noise, odor, and outdoor activity
levels may be higher than a typical suburban residential area. The disclosure statement
shall include a written description of the potential impacts to residents of both the
existing environment and potential impacts based upon the allowed uses in the zoning
district. Each and every buyer, lessee, or renter shall sign the statement acknowledging
that they have received, read, and understand the disclosure statement. The Project
applicant shall covenant to include within all deeds, leases or contracts conveying any
interest in a residential unit in a mixed use project or located within a mixed use zoning
district (1) the disclosure and notification requirement stated herein; (2) an
acknowledgment by all grantees or lessees that the property is located within an urban
type of environment and that the noise, odor, and outdoor activity levels may be higher
than a typical suburban residential area; and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport Beach."
35. Pg. 2 -20, Table 2-4, add a footnote to Assembly /Meeting Facilities (Less than 5,000 sq.
ft.) to read, "Religious assembly may be larger than 5,000 sq. ft. ". Pg. 2 -23, Table 2 -5,
strike, "(above 151 floor only)" from Assembly /Meeting Facilities. Pg. 2 -32, Table 2 -8,
strike, "- located only above 151 floor" from Assembly /Meeting Facilities. Pg. 2 -36, Table
2 -9, add a footnote to Assembly /Meeting Facilities Small - 5,000 sq. ft. or less" to read,
"Religious assembly may be larger than 5,000 sq. ft. ".
36. Pg. 4 -29, Section 20.48.180 C.2. to be amended as follows, "Location of third floor
structure. Enclosed square footage located on the third floor of above 24 feet iR height
shall be set back a minimum of 15 feet from the front and rear setback lines and for lots
greater than 30' wide a minimum of 2 feet from each side setback line, including bay
windows."
37. Pg. 3 -15, Section 20.30.060 C.2.c and Section 20.30.060 C.2.d insert, "and mixed -use
structures" in the title and first sentence after the word "nonresidential ".
38. Page 3 -16, Section 20.30.060 C.3.a insert, "but not limited to" after the words,
"Examples of project amenities include ".
39. Pg. 7 -18, Definition of Dwelling Unit, Senior Accessory, change, "60 years of age" to "55
years of age ".
40. Pg. 3 -78, Table 3 -10 Off - Street Parking Requirements, Offices — Business, Corporate,
General, Governmental: change "Up to 50,000 sq. ft." to "First 50,000 sq. ft. "; change
"50,001 to 125,000 sq. ft." to "Next 75,000 sq. ft. "; change "125,001 sq. ft. and greater"
to "Floor area above 125,000 sq. ft." 41. Add necessary provisions to enact existing
floor area limits that are applicable to R -1 and R -2 zones as currently defined and
established.
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Planning Commission Resolution No. 1815
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41. Add necessary provisions to enact existing floor area limits that are applicable to R -1
and R -2 zones as currently defined and established.
42. Add a basement area limit such that finished basements shall be no larger in area than
the buildable area, as defined, and exclude basement area from floor area limit
standards.
43. Add the following open air space requirement that would apply to all R -1 zones within
Old Corona del Mar, West Newport, and the Balboa Peninsula and all R -2 zones
citywide.
Open air space shall be provided in addition to the required setback areas and shall be
a minimum volume equal to the buildable width of the lot, times the 24 -foot flat roof
height limit, times 6 feet. This volume shall be provided anywhere on the lot behind
required setback lines and below the 24 feet from grade. The volume may be provided
on any level or combination of levels and may extend across the entire structure of any
portion thereof. The volume shall be open on at least 2 sides and shall have a minimum
dimension in all directions of at least 6 feet, except as indicated in this section, and may
be used for outdoor living area. Open air space volume with a dimension of less than 6
feet in any direction may be used to satisfy the minimum volume requirement, provided
that said volume is contiguous to required open air space volume that provides a
minimum 6 foot dimension in all directions. Roofs, balconies, decks or patios with open
railings, cornices, exterior stairways with open risers and open railings, and architectural
features may project into open air spaces.
44. Add the following guideline that would be applicable to any new or renovated single -unit
or two -unit residential building.
Single -unit and two -unit residential buildings shall be designed to sustain a high level of
architectural design quality and shall provide modulation of building masses, and
architectural treatment of all elevations visible from public places.
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