HomeMy WebLinkAbout04_Zoning Code Update_PA2009-034.CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 13, 2010
Agenda Item 4
SUBJECT: Zoning Code Update (PA2009 -034)
• Code Amendment No. 2009 -001
• Negative Declaration No. 2010 -005
PLANNERS: James Campbell, Principal Planner
(949) 644 -3210, Icampbell(o)newportbeachca.gov
Gregg Ramirez, Senior Planner
(949) 644 -3219, gramirez(a)newportbeachca.gov
Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan(aDnewportbeach.ca.gov
PROJECT SUMMARY
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.
Attached for the Planning Commission's consideration is a draft resolution
recommending City Council adoption of the Revised Public Review Draft Zoning Code -
May 2010 and the accompanying Negative Declaration. The draft resolution includes
Exhibit B that lists revisions previously reviewed by the Planning Commission at public
hearings held on June 3, 15, 17 and 24 and six additional revisions being recommended
by staff. These six staff recommended revisions are discussed on the following page.
In addition to the staff recommendations for inclusion in the resolution, staff has
provided revised language for the tenant and owner notification requirements for mixed -
use projects. This language was provided at the request of the Commission. The
revision has not been included in the draft resolution because staff recommends that
the Planning Commission not change the language in the draft code.
RECOMMENDATION
1) Conduct a public hearing, and
2) Adopt Resolution No. recommending City Council adoption of Negative
Declaration No. ND2010 -010 and Code Amendment 2009 -001
Zoning Code Update
July 13, 2010
Page 2
Recommended Staff Revisions
Staff recommends that the following six revisions be accepted by the Commission. They
have been included in Exhibit C of the draft resolution and appear as Nos. 28 -33 and
Maps C1 -C4.
• 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.
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).
This change is consistent with General Plan policy 4.3 which allows legally
merged lots to be resubdivided back to the original underlying legal lots.
• Revise Zoning Map. Change the zoning district from PC -25 to Public Facilities for
the Newport-Mesa School District Site. This change is consistent with the
General Plan Land Use category
• Revise Setback Map S -10A Corona del Mar. Add call -out to map in order to
clarify front setbacks on Pacific Drive.
• Add Setback Map S -11D Harbor View Hills /Spyglass. Research was necessary
to determine appropriate front and rear setbacks. Research has been completed
and appropriate setbacks are depicted on the added map.
• Add Setback Map S -14 Granville Drive. Additional map is need to depict
setbacks along Granville Drive.
Zoning Code Update
July 13, 2010
Page 3
Mixed -Use Projects — Section 20.748.130 (pg. 4 -21)
At the June 24th meeting, the Planning Commission asked the City Attorney's office to
research whether the tenant and owner notification requirements for mixed use projects
could be strengthened. As a result, the City Attorney's office has prepared a revised
Section 20.48.130H, below, for the Commission's consideration. Staff does not
recommend this revision as we believe the language in draft code adequately
addresses the issue. Therefore, it has not been included in the draft Planning
Commission resolution.
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 convening 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.
Environmental Review
Based upon the initial study prepared for the Zoning Code Update and pursuant to State
CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code Update is
within the scope of activities and impacts identified within the General Plan 2006 Update
program EIR, with the exception of forest resources and greenhouse gasses, and that
no new effects have been found and no new mitigation measures are necessary. The
initial study has found that the Zoning Code Update will have no impact to forest
resources given that there are not forest resources within the City of Newport Beach
and there will be a less than significant impact relative upon greenhouse gas emissions.
A Negative Declaration (ND) is proposed relative to forest resources and greenhouse
gas emissions.
The ND was completed and circulated for a mandatory 30 -day public- review period that
began on June 20, 2010, and concludes on July 21, 2010. No comments have been
received as of the writing of this staff report.
3
Zoning Code Update
July 13, 2010
Page 4
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
meetings appeared in the Daily Pilot on May 22 "d and June 5`h, 191h and 26th. Notice
was also provided on the City's website.
Prepared by:
A,--7-7 zzg�?�
James Cam bell, Principal Planner
Gregg Ramirez, Senior Planner
Melinda Whelan, Assistant Planner
Submitted by:
David Lepo, Planiling Director
ATTACHMENT
PC 1 Draft Planning Commission Resolution
Exhibit A - Negative Declaration /Initial Study (Previously Distributed)
Available at Planning Department website:
http:// www .newportbeachca.gov /index.aspx ?page =1347
Exhibit B - Revised Public Review Draft Zoning Code — May 2010
(Previously Distributed)
Available at Planning Department website:
http: / /newportbeachca .qov /index.aspx ?page =1528
Exhibit C — Planning Commission Recommended Changes
Attachment No. PC 1
Draft PC Resolution
RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF NEGATIVE DECLARATION NO. 2010 -005 AND
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 and received
public testimony during a series of public hearings held on June 3, 2010, June 15, 2010,
June 17, 2010, June 24, 2010, and July 13, 2010, that were duly noticed as required by
California Government Code Section 65091.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
1. An Environmental Impact Report (SCH# 2006011119, General Plan 2006 Update) was
prepared for the General Plan Update. The General Plan Update Program
7
Planning Commission Resolution No. _
Page 2 of 9
Environmental Impact Report (EIR) was certified by the City Council on July 25, 2006,
as being prepared in compliance with the Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. The General Plan Update EIR is a
program EIR pursuant to California Code of Regulations, Title 14, Chapter 3, Section
15168.
2. The City prepared an initial study for the proposed Zoning Code Update in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3 for the purpose of determining if the potential effects of
Zoning Code Update were adequately examined within the General Plan Update
Program EIR.
3. Based upon the initial study prepared for the Zoning Code Update and pursuant to
State CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code
Update is within the scope of activities and impacts identified within the General Plan
2006 Update Program EIR, with the exception of forest resources and greenhouse gas
emissions, and that no new effects or new mitigation measures are necessary.
4. Based upon the initial study, adoption of the Zoning Code Update will have no impact
to forest resources given that there are no forest resources within the City of Newport
Beach and there will be a less than significant impact upon greenhouse gasses. The
City has prepared a draft Negative Declaration in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council
Policy K -3. The draft Negative Declaration is available for a 30 -day comment period
that began on June, 21, 2010, and will end on July 20, 2010. The initial study and draft
Negative Declaration were considered by the Planning Commission.
SECTION 3. 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 and adoption of the proposed Zoning
Code Update will not create any new significant impacts that were not identified within
the General Plan Update Program EIR.
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Planning Commission Resolution No. _
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NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission hereby recommends that the City Council of the City of
Newport Beach find that the Zoning Code Update is within the scope of activities and
impacts identified within in the General Plan Update Program EIR and that no new
effects or new mitigation measures are necessary. Furthermore, the Planning
Commission recommends adoption of Negative Declaration No. ND2010 -005 as
shown in Exhibit "A" this resolution.
2. 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
"B ", and the recommended text and map revisions /changes as shown in Exhibit "C" and
Maps "C1 -C4 ".
PASSED, APPROVED AND ADOPTED THIS 13th DAY OF JULY, 2010.
AYES:
NOES:
ABSTAIN
ABSENT:
Robert Hawkins. Chairman
BY:
Charles Unsworth, Secretary
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1d)
Planning Commission Resolution No. _
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Exhibit "A"
Negative Declaration /Initial Study
(Available separate due to bulk)
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Planning Commission Resolution No. _
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Exhibit "B"
Revised Public Review Draft Zoning Code — May 2010
(Available separate due to bulk)
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Planning Commission Resolution No. _
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Exhibit "C"
Planning Commission Recommended Changes to
Revised Public Review Draft Zoning Code — May 2010
(Includes Maps C1 -C4)
1. 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.
2. Pg. 2-4, Section 20.16.030 — add applicability 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) if the City Council
agrees with the recommendation of the Planning Commission.
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 Marine 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.
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Planning Commission Resolution No. _
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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.'
(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 -28, Section 20.48.180 — exempt Corona del Mar as mapped on Area Map A4.
For Corona del Mar, as mapped on Area Map A4, add the 1.5 times the buildable
area floor area limit standard plus an additional 200 square feet for enclosed garage
requirements and add "an open space standard for Corona del Mar that is equivalent
to existing code to improve language and to try to achieve proposed code open space
standards in order to implement General Plan policy 5.1.5. without taking away any
square footage allowance of existing code. Also, include a revised modulation
standard that applies to Corona del Mar."
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Planning Commission Resolution No. _
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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 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.
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, "Floor Area Ratio definition" — add reference to "Lot Area"
definition found on pg. 7 -30.
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
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Planning Commission Resolution No. _
Page 9 of 9
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-1 OA 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 -11D Harbor View Hills /Spyglass. Additional map is needed to
depict appropriate from and rear setbacks. (Map C -3)
33.Add Setback Map S -14 Granville Drive. Additional map is need to depict setbacks
along Granville Drive. (Map C -4)
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Newport
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July 13, 2010
Planning Commission Resolution No.
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