HomeMy WebLinkAbout5.0_Municipal Code and City Council Policy Review_PA2022-0219CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
August 3, 2023
Agenda Item No. 5
SUBJECT:Municipal Code and City Council Policy Review (PA2022-0219)
SITE LOCATION:Not Applicable
PLANNER:Jim Campbell, Deputy Community Development Director
949-644-3210, jcampbell@newportbeachca.gov
PROJECT SUMMARY
A review of potential planning-related Municipal Code and City Council Policy
amendments for inclusion in a recommendation to the City Council.
RECOMMENDATION
1) Find the recommended action not subject to the California Environmental Quality Act
(CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; and
2) Recommend the City Council review the potential amendments to the Municipal Code
identified in Attachment PC-1.
DISCUSSION
On September 13, 2022, the City Council established an ad-hoc committee to review the
Municipal Code and City Council Policies with a goal to delete or reduce language, and/or
sunset existing code provisions. The City Council also directed the Board of Library
Trustees, City Arts Commission, Harbor Commission, Parks, Beach and Recreation
Commission, and the Planning Commission to each form an ad-hoc committee with that
particular body’s expertise and submit back to the City Council recommendations. On
October 20, 2022, the Planning Commission created an ad-hoc committee to support the
effort. The ad-hoc committee consisted of Commissioners Harris, Rosene, and former
Commissioner Klaustermeier.
The general areas within the Planning Commission’s purview are:
1. Title 19 (Subdivisions)
2. Title 20 (Planning and Zoning)
3. Title 21 (Local Coastal Program Implementation Plan)
4. City Council Policies - Planning Series
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Municipal Code and City Council Policy Review (PA2022-0219)
Planning Commission, August 3, 2023
Page 2
Staff prepared a large list of potential amendments for review by the ad-hoc committee,
and with their input, staff reduced the scope to a manageable recommendation provided
in Attachment PC-1.
The following five areas are recommended for consideration.
1. Report of Residential Building Records - Make the existing mandatory process
voluntary.
2. Tentative Map Review – Eliminate the public hearing requirement for small
condominium conversions.
3. Bluff Overlay District – Eliminate conflict between Title 20 and Title 21 by deleting
the overlay in Title 20.
4. Take-Out Service—Fast-Casual – Change threshold for when a fast-casual take-
out restaurant with no late hours requires a minor use permit (discretionary review).
5. Conversion or Demolition of Affordable Housing – Eliminate Chapters 20.34 and
21.34 as they are inapplicable to the City.
Attachment PC-1 provides a more complete summary and justification for the proposed
changes.
The recommended changes will be forwarded to the City Council ad-hoc committee for
consideration in a future recommendation to the full City Council for initiation of
amendments.
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.
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Municipal Code and City Council Policy Review (PA2022-0219)
Planning Commission, August 3, 2023
Page 3
Public Notice
The item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
Prepared and submitted by:
ATTACHMENTS
PC 1 Recommended Code Changes
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Attachment PC 1
Recommended Code Changes
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Title 15 (Buildings and Construction)
Chapters or
Sections
Chapter 15.15 (Report of Residential Building Records)
Background/Current
Language
The RBR program is intended to reduce and prevent violations of
building and zoning ordinances by providing a report to all parties
involved in residential property transactions. The report describes the
property’s zoning, the number of dwelling units permitted, and other
information relevant to use, occupancy and construction of the building.
In addition to the mandatory report, the property owner may allow an
inspection of the property where a City official will inspect the property
to identify potentially hazardous conditions. Any identified corrections
to address the hazardous conditions or violations are then required to be
completed.
Recommended
Change(s)
Refresh Chapter 15.15 to transition the RBR program from a mandatory
process to a voluntary program.
Justification The voluntary inspections are typically declined, but the mandatory
report is still required to be requested and completed as condition of any
agreement of sale of a residential property. While the RBR serves as a
valuable tool and service for buyers that desire it, the preparation of the
RBR complicates the real estate process in the City and is not always
viewed favorably by the real estate community. Transiting to a voluntary
program maintains this service for buyers interested but reduces an
administrative burden of those not interested and further reduces burden
on City staff involved in implementing the program.
Title 19 (Subdivisions)
Chapters or
Sections
Chapter 19.12 (Tentative Map Review)
Background/Current
Language
The review authority for tentative parcel maps is the Zoning
Administrator. Approvals are considered discretionary and require a full
public hearing. Tentative parcel maps are used to create new subdivisions
consisting of four lots or less. They are also used to subdivide the airspace
within multi-unit dwellings for condominium purposes thereby allowing
individual sale of the units.
Recommended
Change(s)
Eliminate public hearing requirements for tentative parcel map
applications creating four or fewer condominium units.
Justification Allowing the approval of tentative parcel maps administratively without
a public hearing will significantly reduce time and costs to applicants
by removing a public hearing component and preparation of mailing
labels for the public hearing noticing. Removal of this requirement
would also serve to reduce staff time by eliminating the need to prepare
a staff report and public hearing noticing cards. Generally, the Zoning
Administrator public hearings have been viewed as a technicality and
rarely result in any changes resulting from the hearing process.
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Title 20 Planning and Zoning
Chapters or
Sections
Section 20.28.040 (Bluff Overlay District)
Background/Current
Language
Both Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) include the Bluff Overlay District
intended to establish special developments standards for areas of the
City where projects are proposed in identified bluff areas. While the
standards are similar, the Bluff Overlay standards contained in Title 21
conflict with those in Title 20 and are more restrictive.
Recommended
Change(s)
Modify Section 20.28.040 (Bluff Overlay District) to refer to Title 21
for bluff areas located within the coastal zone. Bluff areas located
outside the coastal zone would remain within Title 20.
Justification To reduce unnecessary code and to eliminate errors in implementation
of the Bluff Overlay standards, it is recommended to remove the
redundant bluff area standards from Title 20. Staff and the development
community can rely on one comprehensive set of regulations that are
most protective of coastal bluffs.
Chapters or
Sections
Chapter 20.20 (Commercial Zoning Districts [OA, OG, OM, OR, CC,
CG, CM, CN, CV, CV-LV]) and Chapter 20.22 (Mixed-Use Zoning
Districts [MU-V, MU-MM, MU-DW, MU-CV/15TH ST., MU-W1,
MU-W2])
Background/Current
Language
Currently eating and drinking establishments defined as Take-out
Service—Fast-Casual are permitted by-right, unless located within 500
feet from any residential zoning district, in which case the application
and approval of a minor use permit (MUP) is required. An MUP
requires review by the Zoning Administrator with a public hearing. In
many cases, these restaurant uses do not have late hours (beyond 11
p.m.) and are subject to the same conditions of approval related to noise
and trash. Importantly, Take-Out Service—Fast-Casual uses cannot
serve or provide alcoholic beverages by definition.
Recommended
Change(s)
Modify the criteria for when a Take-Out Service—Fast-Casual use
requires an MUP by changing the reference of 500 feet to within 100
feet of a residential zoning district and when late hours (11 p.m.) are
provided.
Justification This change would reduce the barrier to entry for new businesses in the
City by eliminating the requirement and fee for a minor use permit and
shortening the timeframe to entitlement in areas where compatibility
with nearby residential uses is not as much of a concern. The current
500-foot requirement only excludes a handful of properties Citywide.
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Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan)
Chapters or
Sections
Chapters 20.34 and 21.34 (Conversion or Demolition of Affordable
Housing)
Background/Current
Language
The chapters were adopted to implement Government Code Section
65590, a State Housing law referred to as the Mello Act. The regulations
require the replacement of housing units lost within the coastal zone that
are occupied by low- and moderate-income households under certain
circumstances when feasible.
Recommended
Change(s)
Delete Chapters 20.34 and 21.34 (Conversion or Demolition of
Affordable Housing) since Section 20.34.030 (Exemption) applies.
Justification There is no need to implement these chapters. Both chapters and the
Mello Act provide when there is less than 50 acres in aggregate, of
privately owned, vacant land available for residential use within the
City’s coastal zone, and three miles therefrom, the replacement
requirement is not required. In October of 2019, the Planning Division
completed a land use inventory found less than 50 qualifying acres and
determined that the chapters and the law are not applicable. To reduce
unnecessary code, it is recommended to delete the inapplicable
regulations.
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August 3, 2023, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. MUNICIPAL CODE REVIEW TO REDUCE OR SUNSET
PROVISIONS (PA2022-0219)
It is strange this item does not mention that as Item 4 at their April 11, 2023, meeting, the
Council considered “Extending the Expiration Date of the Ad Hoc Municipal Code and Policy
Review Committee” and their new direction to “the Board of Library Trustees, City Arts
Commission, Harbor Commission, Parks, Beaches and Recreation Commission, and the
Planning Commission,” was “to each form an ad hoc committee for the purposes of reviewing
the Municipal Code and City Council Policies within that particular body’s area of expertise and
submit back to the City Council by June 30, 2024, recommendations concerning (1) deleting
or reducing language; and (2) the advisability of applying sunset provisions for new or existing
Municipal Code provisions.”
I would note the report does not provide clear redlining of the existing code to achieve the
recommended changes, some of which appear to go beyond reducing language.
I am also not sure why the full Commission is not being shown the “large list of potential
amendments” staff presented to the Ad Hoc Committee, since other Commissioners may have
different views as to which of those have merit.
But I mostly wonder: Why has the June 30, 2024, deadline to submit recommendations
been shortened by nearly 11 months?
It would seem to me a much more complete review would be possible by then.
Planning Commission - August 3, 2023 Item No. 5a - Additional Materials Received Municipal Code and City Council Policy Review (PA2022-0219)
MUNICIPAL CODE AND CITY COUNCIL POLICY REVIEW (PA2022-0219)
Planning Commission Meeting August 3, 2023
Planning Commission - Date of Meeting Item No. 5b - Additional Materials Presented at the Meeting Municipal Code and Policy Amendments PC Presentation (PA2022-0219)
SUPPORT OF CITY COUNCIL EFFORTS
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•September 13, 2022 - City Council Direction
•Intent: Delete or reduce code language, and/or sunset existing code provisions
•Planning Commission Ad-Hoc Committee
•Commissioners Harris, Rosene, and Klaustermeier
Planning Commission - Date of Meeting Item No. 5b - Additional Materials Presented at the Meeting Municipal Code and Policy Amendments PC Presentation (PA2022-0219)
FIVE RECOMMENDED AREAS
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1.Report of Residential Building Records - Make the existing mandatory process
voluntary.
2.Tentative Map Review – Eliminate the public hearing requirement for small
condominium projects.
3.Bluff Overlay District – Eliminate conflict between Title 20 and Title 21 by deleting
the overlay in Title 20.
4.Take-Out Service—Fast-Casual – Change threshold for when a fast-casual take-
out restaurant with no late hours requires a minor use permit (discretionary review).
5.Conversion or Demolition of Affordable Housing – Eliminate Chapters 20.34
and 21.34 as they are inapplicable to the City.
Planning Commission - Date of Meeting Item No. 5b - Additional Materials Presented at the Meeting Municipal Code and Policy Amendments PC Presentation (PA2022-0219)