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HomeMy WebLinkAbout01_Material Rec'd After Agenda Packet PublishedRamirez, Gregg From: Carol McDermott [carol @govsol.com] Sent: Wednesday, June 23, 2010 6:15 PM To: rhawkins @earthlink.net; eaton727 @earthlink.net; strataland @earthlink.com; Scott @peotter.com; emcdaniel @fullertoncb.com; bhillgren @cox.net; candcu @zero.net Cc: Campbell, James; Ramirez, Gregg; Wood, Sharon; Lepo, David; Selich, Edward; Don Webb Subject: Zoning Codes revisions related to Bluff Overlay District for Map B4 Dear Planning Commission: After attending every Implementation Committee meeting for over three years and the first two Planning Commission hearings on the proposed Zoning Code Amendment, I missed the Planning Commission hearing on June 17th and am also unable to attend your Commission meeting on Thursday, June 24. I appreciate your time and attention to these very important changes that we will all live with for many years. I-I04vever, I v6sh to express my concern about a straw vote taken last week to move the development limit line for 401 Avocado from the 35 ft contour line to the 5o ft contour. This is shown on Map B -4. The contours were discussed at length by the Implementation Committee and I represented my client's interests to have the 35 ft contour applied to this property. A majority of the committee agreed that the 35 ft contour was appropriate for this site and forwarded the recommendation to the Planning Commission. I am not sure what changed since the Committee's action, but I would like to point out what the contour line actually accommodates in this area. Everyone recognizes that the bluff areas vary considerably, so the bluff provisions are very detailed and specific to different areas with Development Areas A, B and C delineated differently depending on the circumstances. On this site, it is important to note that there is just Development Area A, which is the main portion of the lot at the top of the bluff which allows the development and use of principal and accessory structures, and Development Area C, which only allows limited accessory structures such as benches, drainage devices, on -grade stairways, underground utilities, etc. All that would be allowed in Development Area C between the top of the bluff and the 35 ft contour are those very limited uses and the area between 5o'and 35' is a significant area for future development flexibility. The limitations on the uses within this area may not have been made clear as you considered changing the line at your last meeting. The owner of that property may wish to construct, at some time in the future, these very limited accessory structures \within the area knov�m as "Development Area U in support of what is allowed on the main portion of the lot. I ask for your reconsideration of your vote last week and your agreement with the line as was shown on Map B4. I again apologize for being unable to attend the meeting in person to present our case. Sincerely, Carol McDermott "Turning Challenges into Victories" Carol Mentor McDermott, AICP Government Solutions, Inc. 230 Nei%Tort Center Drive, Suite 210 Newport Beach, CA 9266o (949) 717-7939, office (949) 717- 7942, faX (949) 422 - 22303, cell �.nv.govsol.com For scheduling, please contact Cookie Chrysler at (949) 717-794:3 or cookie o govsol.coro 1 of�-= CAA PLANNING .tune 24. 2010 Mr. Robert Hawkins. Chairman Planning Commission City or 'Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: City of Newport Beach —4th Draft Zoning Code Update Review Comments Dear Mr. Hawkins: We appreciate this opportunity to advance several comments related to the Planning Commission's (Commission) review of the proposed Zoning Code update. We have been monitoring the City's efforts for some time at the GP /LCP Implementation Committee level and virtually all of our previous comments and questions have been addressed by staff through that review process. We appreciate all the hard work that has gone into the Zoning Code update process and request clarification /action on the comments that follow: • Marina Support Facilities (page 2 -34) are allowed with an MUP in the MU -V zoning district. Should Marina Support Facilities also be allowed in the MU -MM, \4U -D \ \+ and MU -CV zoning districts? • Buffering and Screening - Section 2030.020 (page 3 -5) —The current Zoning Code states that if it can be demonstrated that roof or ground mounted equipment cannot be seen from a public right -of -way and /or public property. then screening is not required. No such eseeption is allowed under the proposed Code. It would appear that there is ample basis for protecting views from public rights-of-way or public property such as parks, but the way Section 20.30.020 is currently written; it seems that the City now proposes to require screening if the mechanical equipment can be viewed from private property. Does the City now propose to protect the views of private property owners? Irso. how will the City enforce such a standard? Definitions • "Floor Area Ratio" (page 7 -22) - The definition of PAR specifies that it is derived by dividing the gross floor area by the total net area of the site. However. there is no definition for total net area of the site. We believe that the definition of Lot Area on page 85 Argonaut, Suite 220 -A I iso Viejo, California 92656 • (949) 581 -2888 • Fax (949) 581 -3599 o� Mr. Robert Hawkins June 24. 2010 Page 2 of 2 7 -30 meets the definition of total net area of the site and, therefore, should be the correct reference in the FAR definition. • "Floor Area. Net" (page 7 -23) - If this definition is to used for the calculation of parkin__ requirements, we believe that restrooms and lobbies should also be included in the list of non- habitable areas of the building as listed in this definition. • "Review Authority" (page 7 -43) — Should the Director of Public Works and the City Traffic Engineer be added to the list of City entities under the definition of "Review Authority? It would seem that in certain instances the expertise of the Director of Public Works and /or City Traffic Engineer would greatly enhance the review of certain projects vis -a -vis conformity with the Zoning Code. We appreciate the opportunity to submit these comments on 4th Draft of the Zoning Code update and will look forward to your response. Thank you. Sincerely, CAA PLANNING, INC. 1 c—' ' I: Thomas B. Mathews cc: Commissioner Barry Eaton Commissioner Bradley Hillgren Commissioner Earl McDaniel Commissioner Scott Peotter Commissioner Michael Toeme Commissioner Charles Unsworth Mr. Gregg Ramirez Mr. Dan Miller Mr. Dan Dickinson Mr. Mike Erickson Ms. Shawna Schaffner Planning Commission PC Action Items Zoning Code Update June 24, 2010 June 3 d Action Items 1. Pg. 2 -12, Section 20.18.030, Table 2 -3 — revise the minimum lot size in the R -B1 zoning district from 5,000 square feet to 2,375 square feet. June 15th Action Items 1. Pg 2 -21, Section 20.20.020 - add Emergency Shelters permitted by right to OA zoning district under service uses. 2. 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 3. Pg. 4 -7, Section20.48.030 CA.d. — strike "lapse" and insert "expire" 4. Pg. 4 -16, Section 20.48.090 D. — indicate that this section applies to all Eating and Drinking, including Late Hours 5. Pg. 4 -17, Section20.48.090 F.2 — in the first sentence add "including bars, lounges and nightclubs ". 6. 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 ". 7. 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 June 17th Action Items 1. Pg. 2 -4, Section 20.16.030 — add applicability reference to Zoning Clearance section (20.52.100) and Site Development Review (20.52.080) 2. Pg. 2 -59, Section 20.28.040 DA. a. 1. — revise the limit of Area A to be the 50 -foot contour line rather that the 35- foot contour line Planning Commission PC Action Items Zoning Code Update June 24, 2010 3. 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.' (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. 4. Pg. 3 -14, Section20.30.060B.4. — delete entire section (setback plane requirement) 5. Pg. 5 -21, Section 20.52.050 B.1.a —delete "solar equipment" 6. Pg. 4 -28, Section 20.48.180 — exempt Corona del Mar as mapped on Area Map A -4. For Corona del Mar, as mapped on Area Map A -4, add the 1.5 times the buildable area floor area limit standard plus an additional 200 square feet for enclosed garage requirements and include a revised open space standard similar to the existing code in order to implement General Plan policy 5.1.5. 7. 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 8. Pg, 1 -3, Section 20.10.040 A - Require that the City Council include in its approval of any City - implemented project a statement that the project is exempt from provisions of the Zoning Code pursuant to MC Section 20.10.040 and setting forth the Zoning Code provisions with which the project does not comply. Planning Commission Zoning Code Update June 24, 2010 Proposed Staff Revisions 1. Congregate Care Home (Land Use): Identify as a "land use" in Part 7 (Pg. 7 -14). Add to use tables as allowed with a MUP or CUP in the PI zoning district (pg. 2- 53, Table 2 -14). Use is specifically identified in the purpose of the PI zoning district (pg. 2 -51) and in the Private Institutional land use category in the General Plan. 2. Pg. 2 -21, Section 20.20.20, Table 2 -4 - Convalescent Facility (Land Use): Prohibit in OG zoning district (p. 2 -21). The General Plan prohibits this land use in the General Commercial Office land use category. 3. Page 2 -21, Table 2 -4 and others - for consistency change all references to "Emergency Health Facilities" to Emergency Health Facilities /Urgent Care" 4. Page 2 -22, Table 2 -4 - add "lounge" to "smoking" under Service Uses - General 5. Pg. 5 -33, Section 20.52.080, Table 5 -2 — delete reference to Canyon Overlay District 6. Pg. 2 -57, Section 20.28.040 (Bluff Overlay District) delete all references to Canyon Overlay District. 7. Part 7 — 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 other "Single -, Two- or Multi - Family Dwelling Units ", "Group Residential', "Parolee- Probationer Home ", 'Residential Care Facilities ", or 'Boarding House" uses under this Code. 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 other "Single -, Two -, or Multi - Family Dwelling Units ", "Group Residential', "Parolee- Probationer Home ", 'Residential Care Facilities ", or 'Boarding House" uses under this Code.