Loading...
HomeMy WebLinkAboutStudy Session - Zone Code UpdateCITY OF NEWPORT BEACH PLANNING COMMISSION STUDY SESSION STAFF REPORT May 20, 2010 Agenda Item SS1 SUBJECT: Zoning Code Update — (PA2009 -034) Code Amendment No. 2009 -001 PLANNERS: James Campbell, Principal Planner (949) 644 -3210, 6 cam pbell(c�newportbeachca.gov Gregg Ramirez, Senior Planner (949) 644 -3219, gram irez(cDnewportbeachca.gov Melinda Whelan, Assistant Planner (949) 644 -3221, mwhelan(a)newportbeach.ca.gov ISSUE How should the Planning Commission proceed with their review of the zoning code update and when will hearings take place? RECOMMENDATION Discuss the framework for Commission review of the draft zoning code and schedule public hearing dates as recommended by staff. Receive a brief overview of the draft zoning code from staff. DISCUSSION The Newport Beach General Plan, 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 many policies included in the General Plan, especially those related to land use and development. By law, the zoning code must be consistent with the policies of the General Plan that it implements. Those policies not implemented by the zoning code are implemented in a variety of ways such as other municipal code sections, City Council polices or through direct application of the policy itself. The zoning code update is a comprehensive re -write of the current code. Zoning Districts in the updated zoning code reflect changes in land use designations that were a result of the adoption of the 2006 General Plan. New use classifications have been added, definitions have been completely revamped, development standards have been fine- tuned, and administrative procedures have been simplified. The Planning Commission will continue to have review authority over conditional use permits,(e.g. restaurants serving alcohol) and variances. The Zoning Administrator will have review Zoning Code Update - Study Session May 20, 2010 Page 2 authority over minor use permits and modification permits. The City Council will remain the final review authority for ordinance amendments, and will serve as the hearing body on appeals of Planning Commission decisions. The General Plan /Local Coastal Program Implementation Committee was charged by the City Council with guiding the zoning code update. The Committee consists of three Councilpersons (Daigle, Selich, Webb), three Planning Commissioners (Eaton, Hawkins, Toerge) and an advisory group of local architects and developers. The Committee reviewed three complete draft codes and held over 35 meetings where code regulations were discussed. The draft code has also been exhaustively reviewed by the Planning Department. Additionally, valuable input was obtained from the City Mangers Office, Code and Water Quality Enforcement, the Building Department, Police Department, and Public Works Department. The City Attorney's office has also worked very closely with planning staff throughout the writing of the draft code. Planning Commission Review Schedule and Approach In order to expedite review, staff recommends the meeting schedule below. Since June 3`d and 17th are regular meetings they have been noticed. If May 27th is not suitable for the Commission, staff recommends a special meeting on June 10th or 24tH First Hearing — Special Meeting: May 27, 2010, at 6:30 pm with a focus on Part 2 and Part 4, with the exception of Residential Care Facilities (20.48.170), Residential Development Standards (20.48.180) and the Bluff Overlay District (20.28.040). Second Hearing — Regular Meeting: June 3, 2010, at 6:30 pm with a focus on Part 1, Part 3, Part 5, Part 6, and Part 7 and the excluded list from the first hearing. Third Hearing— Regular Meeting: June 17, 2010, at 6:30 pm with a focus on any remaing issues and CEQA. In regard to Commission action on the draft, informal or "straw votes" can be taken during the course of review, but formal action on the entire zoning code will need to be taken upon closing of the public hearing and the conclusion of Planning Commission deliberation. Staff will provide a draft copy of the zoning code with an errata indicating the Commission's recommended changes to the City Council in addition to the formal PC resolution. Draft Zoning Code and Review Resources In addition to the draft zoning code, staff has provided the Commission with two attachments to assist with the review and preparation for the hearings. Zoning Code Update - Study Session May 20, 2010 Page 3 Style and Format Principles — Attachment PC1 To ensure consistency of terminology among common terms and phrases used throughout the zoning code, a style sheet was agreed upon and used by the consultants. The style sheet is included as Attachment PC 1. Revised and New Provisions Summary — Attachment PC2 Attachment No. 2 is intended to provide an overview the what staff has identified as noteworthy revisions to existing standards and new or added provisions. Since the code update is a comprehensive re -write and organizational update, this overview is not intended to be a all- inclusive listing of all the revisions or changes. If applicable, a reference to the chapter or section of current code is noted. Environmental Review Staff and the consultants are currently preparing an initial study. Once complete, a copy and recommendations will be forwarded to the Commission for review and comment. Public Notice Government Code Section 65091 provides that, when the number of property owners to whom notice would be required to be mailed is greater than 1,000 (which is the case with a comprehensive Zoning Code update), notice may be provided by placing a one - eighth page advertisement in the local newspaper. Notice of the Planning Commission Study Session and June 3rd and June 17th hearings was provided as a 1/8 page display add in the May 8, 2010 Daily Pilot. Notice was also provided on the City's website and to a zoning code update interest list. Prepared by: Submitted by: i James Campbell, Principal Plan er Gregg Ramirez, Senior Planner Melinda Whelan, Assistant Planner ATTACHMENTS PC 1 Style and Format Principals PC 2 Revised and New Provisions Summary PC 3 Draft Zoning Code Attachment No. PC 1 Style and Format Principals City of Newport Beach Zoning Code Style and Forma[ City of Newport Beach Zoning Code Title 20 Style and Format Principles Terms and Phrases To ensure consistency of terminology within the Zoning Code, the following are conventions to be used for certain common terms and phrases, some of which will appear abbreviated throughout the Code. In all cases, these terms and phrases will either be defined in the Zoning Code or be explained in the sections on interpretations. "City," rather than "City of Newport Beach," after City of Newport Beach is first used in the first Chapter of the Zoning Code. "Department," rather than Planing Department after Planning Department is first used in the first Chapter of the Zoning Code. "Director," rather than "Planning Director" after Planning Director is first used in the first Chapter of the Zoning Code. "Commission," rather than 'Planning Commission," after Planning Commission is first used in the first Chapter of the Zoning Code. "Council," rather than "City Council," after City Council is first used in the first Chapter of the Zoning Code. "Deny," rather than "disapprove." "General Plan," rather than "City of Newport Beach General Plan," after City of Newport Beach General Plan is first used in the first Chapter of the Code. "In compliance with ...... rather than "pursuant to," "in accordance with," "under," etc. "LCP," rather than Local Coastal Program "Parcel," rather than "lot." "Review authority," when referring generically to the City Council, Planning Commission, Planning Director, Zoning Administrator, etc. "Setback," rather than "yard." "Structure, structures," rather than "buildings," or "buildings and structures." "Zoning district," rather than "zone," or "zone district." City of Newport Beach Zoning Code Style and Formal Additional words to use and not to use: Use: 2, 9, 10, 20, 30, etc. 12 months 30 days allowed applicable review authority before concurrently contained, identified, outlined e.g., (for partial "for instance" lists) ensure equivalent i.e., (for complete lists) Don't Use: two, ten, twenty, thirty, etc. one year one month permitted final review authority or decision making body prior to simultaneously (as) set forth, set out in "for example" insure,assure same as though "that is" in compliance with in accordance with, per, pursuant to multi - family multiple- family lot parcel percent % (except when used in charts or tables) presumed assumed religious institution shall Numbers church must herein his /her pursuant said such thereof "any," "all," "no" to start a sentence Numbers will be expressed in numeric form 2 through 10 or more. The archaic ordinance convention of repeating numbers in both word and numeric form (i.e., "fifty (50) ") will not be used. Percentages will be expressed using the % character only in tables and graphics, the word "percent" will be used in text. Capitalization In addition to normal capitalization conventions (proper names, etc.), and any words capitalized under "Terms and Phrases" above, the following will be capitalized: City of Newport Beach Zoning Code Style and Format Words to capitalize and not to capitalize: Always Capitalize: Building Permit Chapter City Commission Council Department (all City Departments) Director Federal General Plan Land Use Element Part Don't Capitalize: applicable review authority development agreement specific plan (except for an existing plan) zoning district Permit types (e.g., Use Permit, Variance, etc.) RS -D, RS -A, C -N, C -C, C -G, IG, etc. names of zoning districts Section State Subparagraph Subsection Title Zoning Code Use a hyphen with the following words: single - family on -ramp multi- family (not multiple- family) off -ramp right -of -way (plural is rights -of -way) self- (when used as a prefix) off -site (adjective or adverb) -type on -site (adjective or adverb) Do not hyphenate the following words: "anti" words "citywide" (as an adjective) "mid" words are one word (exception: mid - sixties or when used with any proper capitalized noun mid - January) "multi" words are one word (exception: when a hyphen would prevent one word from being mistaken for another multi -ply fabric) "non" words (e.g., nonconforming, nonuse, nonurban, nonresidential, etc.) Exceptions: non - English, non - Indian, non - Italian (any capitalized proper noun) "pre" words (exception: pre - engineered) "re" words are usually one word with the exception of words that would have a duplicate meaning. (e.g., resign, re -sign) "retro" words (retroactive, retrofit) City of Newport Beach Zoning Code Style and Formal Outline Format The provisions of the Zoning Code will be organized according to the following outline. (Note: "X" is used as a place - holder for the actual Arabic numeral that will be used.) Title 20 - Zoning Code Part X - Name of Part Chapter 20.xx - Name of Chapter 20.xx.xxx - Name of Section A. Subsection I. Paragraph a. Subparagraph (1) Subparagraph (a) Subparagraph References, Citations Outside of the same section. When a cross - reference is to text outside of the same section being referenced, the cross - reference starts with the Title number (i.e., 20) and continues to the appropriate level for the reference. For example, 20.01.0.050.B. refers to Subsection B. of Section 050, of Chapter 010, of Title 20. The terms Part, Chapter, and Section are used if the reference is to an entire Part, Chapter, or Section. Cross - references will include the applicable Part, Chapter, or Section number, followed by the name of the Part, Chapter, or Section in parenthesis (e.g., Chapter 20.74 (Appeals]). Within the same section. When a cross - reference is to text within the same section, the name of the Section level is used (i.e., Subsection, Paragraph, Subparagraph, etc.), and the reference "number" starts with the appropriate subsection letter. For example "See Paragraph D.2." refers to Paragraph 2., of Subsection D., of the same Section. External documents. Provisions of State law that are cited in the Zoning Code will be referenced by the name of the applicable State code, and either individual or multiple section numbers (e.g., "Government Code Section 65091," "Subdivision Map Act Section 66749," etc.). City documents other than the General Plan that are not part of the Municipal Code (e.g., specific plans, etc.) will be referenced in the Zoning Code by showing the document title in italics. Municipal Code references should be; Municipal Code Chapter 19.68 (Merger of Contiguous Lots). Attachment No. PC 2 Revised and New Provisions Summary Part 1 — Zoning Code Applicability (page i -1) Part 1 of the draft code replaces Chapter 20.01 of the current Code. This Part includes the purpose of the zoning code, provisions for interpretations and an explanation of the zoning map. There are two notable differences between the current code and the draft code. First, section 20.10.040A of the draft code explicitly states that provisions of the code do not apply to projects implemented by the City. Although the current code does not contain such language, state law allows cities to exempt their projects. The second difference is the zoning map. The current codes uses a set of over seventy 8.5 x 11 Districting Maps to depict the zoning districts, density, intensity and setbacks. The draft code utilizes a wall map to depict zoning districts, density and intensity and set of thirty - one 11 x 17 setback maps (see Part 8 for the setback maps). Part 1 Summary 1 Part 2 — Zoning Districts, Allowable Land Uses and Zonin District Standards Part 2 establishes all zoning districts, their allowed uses and district standards to implement the uses of land established by the General Plan. The districts are identified on the Zoning Map and the various zones correspond to the General Plan Land Use Plan maps and land use categories. The density of residential use and intensity of non- residential use allowed within the various zones is no greater than allowed by the Land Use Element of the General Plan. Part 2 is the heart of the Zoning Code and each of the other Parts of the code are directly related. Each zone has a list of allowed uses and those uses are defined in Part 7 (Definitions). Uses are either allowed by right or are subject to discretionary review such as a Limited Term Permit (LTP), Minor Use Permit (MUP) or Conditional Use Permit (CUP). If a particular use is not listed in the tables, it is not allowed unless the Planning Director finds (i.e. interprets) that an unlisted use is similar to a listed use. These discretionary permits processes are defined in detail within Part 5 (Planning Permit Procedures), but for now, the LTP simply allow uses for a limited amount of time and the review authority is the Zoning Administrator. The MUP is a reflection of the current process where the Planning Director may issue certain Use Permits. The Zoning Administrator is the review authority for MVPs. A CUP is no different than the current Use Permit process where the Planning Commission is the review authority. Allowed Uses The specific entries within the various allowed use tables were developed by staff and the City's consultant with specific input and oversight from the General Plan Implementation Committee. Entries are based upon current zoning regulations, the purpose of each zone and its corresponding land use category of the Land Use Element of the General Plan, related policies of General Plan, and the locations of the various zones and their unique relationships with their surroundings. Other factors influenced the entries within the allowed use tables including a desire to simplify the process wherever possible, to maintain consistency with any applicable State laws, and to avoid creating nonconforming uses where possible. The allowed use tables also contain references to specific use regulations that are located within Part 4 (Standards for Specific Land Uses) as a way to highlight for the reader additional regulations for that listed use. The most noteworthy changes relate to the sale of alcohol and eating and drinking establishments, which are discussed below in Part 4. Development Standards Each of the zones has base development standards that are listed in several tables. Those standards include minimum lot dimensions, density or intensity limits, minimum setbacks, lot coverage limits, floor area limits, structure height, open space, fencing, landscaping, lighting, parking and signs among others. In many cases, specific dimensions, areas, percentages or ratios appear but in other cases, there is a reference to a separate Chapter or Section where the standards can be found when those standards are too complex to appear within the development standard tables. Part 2 Summary As with the allowed use tables, the development standards tables were developed by staff and the City's consultant with specific input and oversight from the General Plan Implementation Committee. Most of the standards are based upon current zoning regulations so as to avoid creating nonconformities. Where new standards were necessary for new zones, entries were based upon existing standards for similar uses within existing zoning classifications. The most noteworthy change is the elimination of the floor area limit for single and two - unit dwellings (with the exception of Balboa Island). The floor area limit has been replaced by a set of residential development standards (section 20.48.180) that are discussed in Part 3. It is important to note that single family residences and duplexes within existing Planned Communities and those regulated by lot coverage standards would not be affected. These changes will be discussed below in Part 3 (site Planning and Development Standards). Another change to note is the method of measuring the height of buildings. The height limits are not changing, but the practice of measuring the height of a sloping roof at its midpoint is being eliminated for a far simpler method. This will be highlighted below in Part 3. Another change to note is the elimination of the current (and ineffectual) open space provision. It is replaced with new residential development standards that create building modulation to improve designs and provide noticeable and useful open space. This change will be highlighted below in Part 3. The last change to note is an increased alley setback for all new residential buildings when the alley is narrow (10 feet) and the lot on the other side of the alley has its side yard abutting the alley. This increased setback will improve vehicle circulation in the alleys in these specific cases. Changes to Zones The boundaries and use of existing residentially -zoned properties remain unchanged, although the names of the various residential zones have been altered. For example, the R -1.5 zone for Balboa Island becomes R -BI, the R -1 -B becomes the R -1 -6000 and the MFR zone becomes the RM zone. Existing commercial zones (RSC, RMC and APF) have been diversified. The existing retail zones (RSC and some RMC areas) are now the CC (Commercial Corridor), CG Commercial General), CN (Commercial Neighborhood), CM (Commercial Recreational and Marine) and the CV (Commercial Visitor - Serving). The existing office zone (APF) becomes the OA (Office — Airport), OG (Office — General), OM (Office — Medical) and the OR (Office — Regional). The existing industrial zones (M -1, M -1 -A and IBP) were condensed into the IG (Industrial Zoning District) due to the contraction of industrially designated land. The existing institutional zone (GEIF) was split into two new zones, the PF (Public Facilities) and PI (Private Institutional) to differentiate between public and private institutions. All boundaries and uses in all existing Planned Community Districts remain unchanged. Part 2 Summary 2 The existing open space zones (OS -A and OS -P) were altered to create the PR (Parks and Recreation) for active areas and the OS (Open Space) zone primarily for resource protection. The updated General Plan establishes a variety of mixed -use land use designations that were applied to areas where mixed -use development is allowed by existing regulations as well as new areas such as Mariner's Mile and several properties along Dover Drive. The MU -V (Mixed -Use Vertical) zone is applied to areas where residential units are presently allowed above a commercial use and this zone is designed to replicate existing standards. The MU -MM Mixed -Use Mariner's Mile), MU -DW (Mixed -Use DoverMestcliff) and the MU-CV/15h St (Mixed -Use Cannery Village and 15th Street) zones are new and were designed for the specific provisions and limited residential uses allowed by the General Plan for these areas. The MU -W1 and MU -W2 (Mixed -Use Water) are to address mixed -use development for locations on Newport Bay and on Marine Avenue. Specific Plans Five existing specific plan districts (Newport Shores, Mariner's Mile, Cannery Village /McFadden Square, Central Balboa, and Old Newport Boulevard) are eliminated and replaced with the various zones identified above based on the General Plan. The Santa Ana Heights Specific Plan is the only adopted specific plan that will remain unchanged, although it will be re- adopted by ordinance separately. Overlay Zoning Districts The number and type of "overlay" districts will be reduced as a result of the expanded zoning districts. The "B" overlay has been eliminated with it provisions being incorporated within the new residential zones. The "R" or Residential overlay, and the "MM" or Mariner's Mile overlay are both eliminated with their provisions being replaced by the mixed -use zones. The "IS" or Interim Study overlay is being eliminated altogether. The "SPR" or Site Plan Review overlay, and the "PRD" or Planned Residential Development overlay have been replaced by updated permit processes contained within Part 5 of the new Zoning Code. The existing "MHP" or Mobile Home Park overlay, and the "PM" or Parking Management overlay remain. One new overlay district has been added, the Bluff overlay. The purpose of this proposed overlay district is to implement specific policies of the Natural Resources Element of the General Plan that require limiting development to the predominant line of existing development to preserve visual quality, protect public views and to ensure safety. The proposed overlay is reflected on the Zoning Map with detailed maps found in Part 8. A Canyon overlay district to implement similar policy objectives for Buck Gully and Morning Canyon has not been included at this time as it requires additional analysis. In the interim, staff will continue to implement the Natural Resources Element Policy NR 23.6 that requires new development to be within the predominant line of existing development. Part 2 Summary 3 Part 3 - Site Planning and Development Standards The following outlines notable changes within Part 3 of the Draft Zoning Code Section 20.30.020 - Buffering and Screening (page 3 -5) The current code (Section 20.60.020) provides for the screening of mechanical equipment from view. This section has been revised to add standards to address the interfaces between residential and nonresidential uses and buffering requirements to reduce impacts between incompatible land uses. Also, it adds screening requirements for outdoor storage and display and solid waste storage areas. Section 20 30 040 - Fences Hedges Walls and Retaining Walls (page 3 -71 The current code (Section 20.60.030) provides limits on the height of fences, hedges and walls. This section has been revised to limit the height of retaining walls and to require that they be terraced to help minimize alteration of slopes. Also, it increases the maximum height for fences, hedges and retaining walls within front setback areas from 36 to 42 inches consistent with the minimum height of guardrails pursuant to the Building Code. Provisions were also included to allow protective fencing for pools and spas, which must be a minimum height of 5 feet, when required Building Code. Section 20 30.050 - Grade Establishment (page 3 -104 Section 20.65.030 of the current code requires the use of the "natural grade" as the baseline grade to measure the height of buildings and structures. The height is measures from height from "the grade below" which equates to height being measured from an uneven, undulating surface (e.g. a potato chip). Subsection 20.65.030.6 addresses sites that have been altered where the finished grade of filled areas is used and the finished grade of excavated surfaces is not used. These existing provisions are challenging to implement when designers are designing buildings to take advantage of every inch below height limits and owners are seeking ever taller structures. The revised provisions simplify the way grade is established for the purpose of measuring building height. In cases where the slope is 5% or less, a simple average of the existing grade will be used. In cases where the average grade is greater than 5 %, a sloping grade plane will be used and Figure 3 -4 on page 3 -14 shows the grade plane concept. These new techniques will save time for staff, owners and builders. Section 20 30 060 - Height Limits and Exceptions (page 3 -13) Chapter 20.65 of the current code establishes height limits for zoning districts and it identifies several limited exceptions e.g. roof peaks, vents, chimneys, flag poles, etc.). Height limits are not changing. The draft section eliminates the practice of measuring the height of buildings at the mid -point of sloping roofs. Flat roofs, including parapet walls or guardrails, and the peak of sloping roofs (slopes 3:12 or greater) will not be any higher than presently allowed based upon a property's zoning designation (e.g. R -1, CG, PC, etc.). Part 3 Summary Section 20.30.070 - Outdoor Lighting (page 3 -19 The current code regulates outdoor lighting for sports courts in residential districts, requires "adequate" lighting in certain circumstances and has few protections from excessive lighting. This section provides subjective outdoor lighting standards without specifying minimum or maximum levels. The draft provisions provide a more complete set of tools than the City presently has to avoid or reduce negative impacts of light and glare. Section 20.30.080 - Noise (page 3 -20) The Zoning Code does not contain any noise standards as the City regulates noise by Title 10 (Offenses and Nuisances), specifically Chapter 10.26 (Community Noise Control) and Chapter 10.28 (Loud and Unreasonable Noise). The draft section adds provisions for the review of proposed projects to avoid or mitigate impacts, establishes thresholds of significance pursuant to the Noise Element and promotes compatibility between land uses. The proposed section is consistent with and augments the standards within Chapters 10.26. Section 20 30 100 - Public View Protection (page 3 -21) The current code does not contain any specific regulations protecting public views. Public views are currently protected through the implementation of the California Environmental Quality Act only for discretionary projects. This section adds public view protection regulations to preserve visual resources and public views from identified public view points and corridors in accordance with General Plan polices under GP Goal NR 20. Section 20 30 110 - Setback Exceptions Regulations and Exceptions (page 3 -22) The current code (Sections 20.60.020 & 20.60.030) contains an extensive list of allowed encroachments within required setback areas (e.g. fences, eves, architectural features, accessory structures, mechanical equipment, etc.). These current standards have been revised to provide clearer rules for the placement of accessory mechanical equipment, minor accessory structures, and to allow a broader range of minor structures that are commonly requested that are subordinate to primary residential and commercial uses to encroach into front yard setbacks. Examples are decorative caps for compliant walls, built -in barbeques and minor encroachments into all setbacks by subterranean walls and structural supports. Side yard encroachments have been revised to require a 36- inch wide clear path of travel on one side of new buildings for emergency personnel and a standard for clear access through front and side yards primary entrances to dwellings. Section 20 30 120 - Solid Waste and Recyclable Materials Storage (page 3 -30) The current code (Section 20.60.090) provides for the inclusion of recycling areas within certain development projects. This section was updated to require solid waste and recyclable material storage areas in compliance with State law for both residential and Part 3 Summary 2 commercial uses. The standards will ensure that adequate space is provided and trash storage areas are adequately screened. Section 20.30.130 - Traffic Visibility Area (page 3 -33) The current code (Section 20.60.030) limits the height of fences, walls, uncovered accessory structures, and hedges to 36 inches in areas that could block a driver's visibility at driveways and corners. This section has been revised to provide additional safety visibility standards consistent with Public Works Traffic standards. Chapter 20.32 - Density Bonus (page 3 -37) The current code does not implement State bonus density law. This section adds density bonus regulations consistent with State law to promote the City's goal to add affordable housing units to the housing stock. Chapter 20.34 - Conversion or Demolition of Affordable Housing (page 3 -49 The current code (Chapter 20.86) implements. the Mello Act (Government Code §65590) and it only applies to property within the Coastal Zone. This section has been revised, maintaining its consistency with State law, and adds standards to determine if providing affordable replacement units is feasible. Chapter 20.36 - Landscaping Standards (page 3 -55) The current code does not provide landscape standards. This section adds landscape standards to enhance the appearance of development projects, reduce heat and glare, control soil erosion, conserve water, screen potentially incompatible land uses, preserve the integrity of neighborhoods, improve air quality, and improve pedestrian and vehicular traffic and safety. Chapter 20.38.40 - Nonconforming Uses and Structures (page 3 -61) The current code (Chapter 20.62) regulates the alteration, expansion and elimination of nonconformities. The most notable change relates to additions to nonconforming residential structures (Section 20.38.040). Currently, additions of up to 25 %. of the floor area of residential structures are allowed by right provided they have the minimum number of parking spaces and if the addition complies with other standards. Additions above 25% and up to 50% require the approval of a modification permit. Additions above 50% and up to 75% require the approval of use permit by the Planning Director. The draft code would only allow conforming additions of up to 50% over a 10 -year period by right provided that the minimum number of parking spaces are provided. Additions would be limited to 10% when the minimum number of parking spaces is not provided. The proposed code would eliminate a time consuming review process. Part 3 Summary 3 Chapter 20 40 - Off - Street Parking (page 3 -75) The current code (Chapter 20.66) provides comprehensive standards for parking and when parking can be reduced or waived. For the first time, the draft code provides information on the dimensions of non - residential parking spaces in consistent with the current specifications administered by the Public Works Department. A new section (section 20.40.130) allows for an in -lieu fee authorized by the Planning Commission or City Council for parking reductions if an in -lieu fee amount is established by the City Council. Most required parking ratios were left unchanged; however, parking for single and two -unit dwellings not within existing Planned Communities will be changed as follows: Use Current standard Proposed standard Single-Unit Dwellin s 2 spaces 1 space covered 2 garage spaces Single -Unit Dwellings (over 2 spaces (1 space covered) 3 garage spaces 4,000 sf and on lots wider than 30 feet Two -Unit Dwellings 2 spaces per unit (1 space per 2 spaces per unit (1 garage unit covered s ace and 1 covered, per unit Chapter 20.46 - Transfer of Development Rights (page 3 -147) The current code (Section 20.63.080) provides for the transfer of development intensity between sites that are no more than 1000 feet apart, subject to traffic analysis and findings. Traffic analysis remains necessary and the draft provisions clarify that the transfer of development intensity from one property to another must be within the same statistical area. A transfer form one statistical area to another would require a general plan amendment. The review authority has also been changed from the Planning Commission to the City Council. Part 3 Summary 4 Part 4 — Standards for Specific Purposes Part 4 (Standards for Specific Land Uses) replaces Part V (Special Land Use Regulations) of the existing Zoning Code, Currently Part V provides development standards and in some cases operational standards for 10 different uses: Automobile Service Stations, Oil Wells, Eating and Drinking Establishments, Residential Condominium Projects, Time Share Developments, Accessory Dwelling Units, Low and Moderate Income Housing within the Coastal Zone, Massage Establishments, Adult - Oriented Businesses, and Alcoholic Beverage Outlets. With the reorganization of the code, some of the existing Chapters remain although they have been updated and renamed. The provisions regarding low and moderate income housing within the coastal zone were relocated to Part 3. The Chapter on oil wells was deleted as it was duplicative of provisions within the City Charter. Several additional Sections have been added that have roots within other Parts of the current code. Section 20.48.030 - Alcohol Sales (page 4 -4 Currently, the sale of alcohol requires a Use Permit and is subject to Chapter 20.89 (Alcoholic Beverage Outlets). The proposed code provides operational controls for all alcohol sales similar to the provisions within the current code (Chapter 20.89), but discretionary permits were moved to the allowed uses tables within Part 2 (Zoning Districts, Allowable Land Uses, and Zoning District Standards). The principal difference is that accessory alcohol sales at off -sale establishments where no more than 30% of the floor area is devoted to alcohol sales in most commercial zones would be allowed by right subject. Alcohol sales at off -sale establishments as a principal use would be subject to the Zoning Administrator's review of a Minor Use Permit (MUP). Additionally, alcohol sales at restaurants that are not open past 11:OOPM would be subject to the Zoning Administrator's review rather than the Planning Commission. Section 20.48.040 - Animal Keeping (page 4 -8) Currently, the Municipal Code provides regulations for animal keeping within Title 7 (Animals). Title 7 does not establish any specific limits on the number of animals one can keep at their home. The Zoning Code provides standards for animal keeping only for the R -A district (Section 20.10.020.G) due to its agricultural character. This new section establishes limits on the keeping of pets for all residential zones and incorporates existing limits and procedures for the keeping of domesticated livestock within the existing R -A zone. Section 20 48 040 - Animal Sales and Service (page 4 -10) The current code does not provide comprehensive regulations and this section will provide standards for various animal sales and services establishments to protect adjacent residential uses from undesired secondary effects. Part 4 Summary 1 Section 20.48.070 - Day Care Facilities (Adult and Child) (page 4 -12 The current code (Section 20.60.130) provides regulations only for child day care facilities. This section has been expanded to address adult day care and revised to be consistent with current state law. Many of the current provisions are being maintained to protect adjacent residential uses. Section 20 48 080 - Drive - Through and Drive -Up Facilities (page 4 -13) The current code (Section 20.60.075) has been revised to provide enhanced standards to mitigate traffic, litter, and unsightliness. Section 20 48 090 - Eating and Drinking Establishments (page 4 -14) The current code (Chapter 20.82) has been revised to create a regulatory system based on the type of establishment, its hours of operation, its operational characteristics and its proximity to residential districts. History show us that restaurants can become nuisances when they are close to residences, serve alcohol and have late hours. The Planning Commission will retain the review authority for CUPs for any bar or nightclub and restaurants that have late hours of operation (i.e. past 11:OOPM). The Zoning Administrator would have the review authority for MUPs for establishments that close at or before 11:OOPM or when the establishment is in close proximity to residential zones (i.e. within 500 feet). Some establishments would be permitted by right when they are not located within 500 feet of a residential district, do not keep late hours and if they don't serve alcohol. Revised operational standards and review criteria were also added to ensure that direct and secondary effects are adequately addressed, especially when late operating hours are requested. Standards for outdoor dining have been included without a separate permit and potential issues associated with outdoor dining can be reviewed on a project -by- project basis with either the MUP or CUP where applicable. Section 20 48.100 - Emergency Shelters (page 4 -18) Currently, the Zoning Code does not contain provisions for emergency shelters and recent State law mandates that cities permit them. Emergency shelters in this context are shelters for the homeless and not disaster shelters. This section contains design and operational standards for emergency shelters in compliance with State law and they would be an allowed use in the AO and PI districts only. Section 20 48 130 - Mixed -Use Projects (page 4 -211 The current code (Section 20.60.115) allows for extended hours of operation for businesses that are located within any zone where mixed -use development is allowed. Development standards for mixed -use projects are distributed within several existing specific plans and the "R" overlay. The new code consolidates these provisions and provides a balance between nonresidential uses and residential uses. All mixed -use projects also require review and approval of a Site Development Review (Section 20.52.080 page 5 -33) Part 4 Summary 2 Section 20.48.140 - Outdoor Storage Display and Activities (page 4 -23 The current code (Section 20.60.105) requires a Use Permit within the jurisdiction of the Planning Director for all outdoor storage and display. The proposed code eliminates the permit requirement in lieu of specific standards for the location and screening of outdoor storage and provides operational control for outdoor display of merchandise. Section 20 48 180 - Residential Development Standards (page 4 -28) The provisions within this section are new and work in concert with the standards within the development standards tables within Part 2. The new standards within this section require building modulation /articulation on the first or second floors, third story step - backs and third story floor area limits. These standards are only applicable to single family dwellings and duplexes within the R -1 and R -2 zoning districts. These limits are also not being proposed to apply to R -1 lots that are currently subject to lot coverage limits as sufficient open space is provided by existing lot coverage limits that would not change. Additionally, these new standards are not being proposed to apply to narrow lots (25 feet wide or less) that are zoned R -2 as applying these standards to these narrow lots would significantly affect their property rights. These new standards provide protection against excessive building bulk such that using a floor area limit is not necessary. Eliminating the floor area limit would have the effect of allowing people to build basements with full- height ceilings where typically they have to be less than 7 feet. Section 20.48.160 - Recycling Facilities (page 4 -26) The current code does not provide regulations for recycling facilities and the proposed draft establishes standards for the siting and operation of small and large commercial facilities. Section 20.48.220 - Time Share Facilities (page 4 -40) Current provisions are within Chapter 20.84 and the standards were updated to address operational plans. The requirement for all time share developments to obtain Development Agreements remains unchanged. Part 4 Summary 3 Part 5 — Planning Permit Procedures Part 5 includes the requirements related to planning permit application filing, processing and review procedures. The sections discussed below represent those that have been notably revised when compared to the current code. Section - 20.52.020 Conditional Use Permits and Minor Use Permits (page 5 -9 Use Permits (UP), current code Chapter 20.91, have been renamed Conditional Use Permits (CUP). The review authority remains the Planning Commission and the review process is essentially unchanged. Use Permit/Planning Director, also found in Chapter 20.91 of the current code, was eliminated and a minor use permit (MUP) process was added. The MUP process has a required public hearing where the existing PD /UP does not require a public-hearing. The review authority for MVP's is the Zoning Administrator. The findings for CUP's and MUP's in the draft code remain essentially the same except for the addition of the following finding: 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; Section 20 52.040 - Limited Term Permits (page 5 -16) This section replaces section 20.60.015 Temporary Structure and Uses of the current code. The section has been significantly revised to provide a clear process, findings for approval and standard conditions of approval for temporary structure and uses. The revised standards specify those temporary uses permitted by right (e.g. Christmas tree lots, work trailers associated with a valid building permit) and those that require ZA approval without a public hearing (90 days or less) and those that require a public hearing (90 days or more). When a use or structure is not allowed by right, the review authority has been changed from the Planning Director to the Zoning Administrator. Section 20 52 050 - Modification Permits (page 5 -21) The draft code revises Chapter 20.93 (Modification Permits) of the current code by limiting some modification requests (e.g. fence height, setback encroachments) to a maximum 10% deviation from the standard. The existing provisions do not have a cap. The review authority for modification permits remain with the Zoning Administrator. Any request for a greater modification than 10% for the identified standards would require a request and approval of a variance. Section 20 52 060 - Planned Development Permits (page 5 -24) The Planned Development Permit chapter is a new process that is intended to provide a method whereby land may be developed or redeveloped as a unified site resulting in better design than what would be possible by using the standard regulations. This process and associated findings were drafted provide flexibility for infill development or Part 5 Summary 1 re- developed on unusually shaped lots or lots that are otherwise constrained. This new process would allow for the review of a single permit and single set findings rather than a request for multiple modification permits or variances or using the Planned Community designation for developments that don't warrant use of the PC process due to their limited size. Section 20.52.070 - Reasonable Accommodations (page 5 -26 In Chapter 20.98 of the current code, it is unclear as to which body has review authority when another discretionary permit is applied for concurrently with a request for reasonable accommodation. Therefore, the provisions have been revised to clarify review authority when a reasonable accommodation application is filed concurrently with another discretionary application. The revised regulations indicate that the request for reasonable accommodation shall be heard with any associated discretionary permit when they are applied for concurrently. Section 20.52.080 - Site Development Reviews (page 5 -31) This section significantly revises the Chapter 20.92 (Site Plan Review) of the current code by expanding the applicability and providing more guidance for review. The new provisions provide a process for the comprehensive review of some development projects not otherwise subject to discretionary review to ensure compliance with the zoning code, general plan polices and site design criteria. Review authority rests with the Zoning Administrator or Planning Commission, as specified by Table 5 -2 on page 5- 34. Section 20.52.100 - Zoning Clearances _(page 5 -37 The draft code adds a Zoning Clearance process that provides a procedure to verify that proposed developments, uses or projects comply with the list of uses and development standards for the applicable zoning district. All zoning clearances are ministerial. Examples of zoning clearances are Planning Department approval of a building permit or sign -off on a business license. Chapter 20.58 - Specific Plan Procedures (page 5 -51) This chapter revises the Specific Plan procedures found in Chapter 20.40 of the current code to provide a process for preparing, processing, reviewing, adopting, and amending specific plans in compliance with Government Code Section 65450 et seq. Part 5 Summary 2 Part 6 — Zoning Code Administration (page 6 -1) Part 6 of the zoning code describes the authority and responsibility for code administration. Also included are the procedural requirements for public hearings, appeals, code amendments and code enforcement. These regulations are located in Part 6 of the current code. The notable change in the draft Part 6 is that the public hearing requirements for discretionary permits have been consolidated into one chapter whereas the current code describes the hearing process in each individual discretionary permit chapter. Otherwise, the review authority, hearing processes, appeal procedure and code enforcement regulations remain essentially unchanged. Part 7 — Definitions (page 7 -1) Part 7 includes all definitions of terms that are technical or specialized, or that may not reflect common usage. Included are the definitions of the land uses found in land use tables located in Part 2. The current code separates the definitions (Chapter 20.03) from the land uses classifications (Chapter 20.05). The combining of all terms in one location will help reduce instances where a term or land use description is overlooked because the wrong list was consulted. Land use definitions are identified by the term, "(Land Use)" following the entry. For example "Hedge" is a definition and "Hospital' is a land use definition: Hedge. A group of shrubs or trees planted in a line or in groups forming a compact, dense, barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush. See "Fence." Hospital (Land Use). An establishment that provides medical, surgical, psychiatric, or emergency medical services to sick or injured persons, on an inpatient or outpatient basis. Includes facilities for training, research, and administrative services for patients and employees. May include accessory pharmacy uses and food service uses. Does not include walk -in clinics ( "Emergency Health Facilities "). Parts 6, 7 & 8 Summary 1 9M. FIE ..* • . • Part 8 includes all the maps referenced though out the code except the Zoning Map, which is adopted by reference and described in Part 1. Area Maps The area maps depict geographic boundaries for areas in the city that are subject to unique standards. For example, the section below identifies standards applicable to specific geographic areas. These maps replace the meets and bounds descriptions for these standard found in the current code. Bluff Overlay Maps The bluff Overlay maps depict the geographies and development areas included in the Bluff (B) Overlay District (Section20.28.040). Height Limit Areas The height limit areas map depict the location of the Shoreline Height Limit Area and High Rise Height Area (see section 20.30.060). The Shoreline Height Limit Area is the same as the current code. The High Rise Height Limit Area has been lowered from 375 feet to 300 feet and several areas within adopted Planned Communities that have established lower height limits, such as the North Ford PC, are no longer included. Setback Maps The set of 31 setback maps replaces the current set of 77 Districting Maps. The Districting Maps are both official zoning map and the setbacks maps. The Districting Maps date back to 1943 and include hundreds of code amendments and are a combination of hand -drawn and digital cartography. The setbacks on the districting maps have been transferred to the set of 31 setback maps. The zoning map (wall map), referenced in Part 1 is the official zoning map. Parts 6, 7 & 8 Summary 2 Attachment No. PC 3 Draft Zoning Code — May 2010