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HomeMy WebLinkAbout98-21 - Approving an Amendment to Title 20 of the Municipal Code Relating to Definition of Terms, Land Use Classifications, Land Use Regulations, Nonconforming Structures, the Regulation of Signs, Public Notification Requirements, Appeal and Call for ReviORDINANCE 98- 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE MUNICIPAL CODE RELATING TO DEFINITION OF TERMS, LAND USE CLASSIFICATIONS, LAND USE REGULATIONS, NONCONFORMING STRUCTURES, THE REGULATION OF SIGNS, PUBLIC NOTIFICATION REQUIREMENTS, APPEAL AND CALL FOR REVIEW PROCEDURES, AND THE REMOVAL OF OBSOLETE, REDUNDANT, AND CONFLICTING LANGUAGE [PLANNING COMMISSION AMENDMENT 8741 WHEREAS, amendments to Title 20 of the Newport Beach Municipal Code relating to the definition of terms, laud use classifications, land use regulations, nonconforming structures, the regulation of signs, 'public notification requirement's, appeal and call for review procedures, and the removal of obsolete, redundant, and conflicting language are required; and WHEREAS, on July 9, 1998 and July 23, 1998, the Planning Commission of the City of Newport Beach held a public hearing regarding this amendment; and WHEREAS, on August 10, 1998, the City Council of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, the public was duly noticed of the public hearings; and WHEREAS, pursuant to the California Environmental Qualify Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 20 of the City of Newport Beach Municipal Code shall be revised as provided in Exhibit "A." SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on August 10, 1998, and adopted on the 24th day of August, 1998, by the following vote, to wit: AYES, COUNCIL MEMBERS Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS Hedges MAYOR ATTEST: CITY CLERK 2 EXHIBIT "A" 1. Section 20.03.030, add new definition: NO 2. Section 20.05.0$@ (F & H), replace with new land use classification: 3. Section 20.10.040 (B -1), remove unneeded language and revise to clarify: B. Build:.w l4e:Fht awl Floor Area Limit in the fD 1 District in the a of West T� o...poA .,n the Balboa Pe fiifl u , the tal grass 1'1861 -iire , •••1 ,. ... -tom i..,t ecoiu`li -ar: ^rJ adl`eks, b to .,tie open en nt_least 2 sides, ..t.. ed in A 1..,:1.7: 9a a site ghmll iiet e�ieaed -2 times the h..:lgable . „f th,, sitter. 1n the R-1, an &R -2, and MFR Districts in the area designated as Old Corona del Mar, the total gross floor area (excluding those structures excepted under Section 20- 10.030) shall not exceed 1.5 times the buildable area of the site. d °— F ui . -g height 1 :.,,,;t shall be 24/28 ..:F:e j in Chapter N-65 Amendment 874 August 24, 1998 Page 1 4. Section 20.20.020 (Table), delete conflicting row: Industrial (Districts: Land Use Regulations P = Pcnni¢i UP = Use Permit. PDIU = Use Txnnit issued by the Planning Director L = United (see Additional use Regulations) - -- = Not Permitted vCHICLEICQUIPMCNT SALES AND SERVICES - A'UTOMOB'ILE WASHING - COMMERCIAL PARKING FACILITY -SERVICE STATIONS - VEHICLEILQUIPMENT REPAIR 49,PhITSAI�Eg AND RETAIL - VEHICLElEQUIP,MENT SALES AND RETA(LS M -1 M -1 -A IBP Additional - -- --- PDlU P UP UP PD/U P P P P F R L -14 L-14 P S. Section 20.50.030, add missing provision from the old code: 6. Chapter 20.60, add new section: —� G. S Iles sfralltbe co ducteel only dui7ngm _ayllgii xlsc)i rs; Amendment 874 August 24, 1998 Page 2 F 10166d:oi beveia.O s shatl'be 4,11 ere7 io1 salenrtrad'e. 7. Revise. Section 20.62.060 (A -3) to read as follows: 3. Covered and Enclosed Parking. a n 1.5 n,istr:rt Residential development having less than the required number of enclosed parking spaces: (1) Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.62.040 (A -C). (2) Minor additions to existing buildings, such as the construction. of 'bathrooms, closets and hallways, or the expansion of existing rooms, subject to the 'floor area limits of Section 20.62.0.040 (D). (3) Addition of a new room provided that there is no net increase in the number of habitable rooms, upon the approval of a, modification permit, subject to the floor area limits of Section 20.62.0.040 (D). WIN 8.. Section 20.62.090 (IB -1), revise to unelude'all buildings: 2. in any district, the nonconforming uses of land w,lie-ei'ii a �« � building er structure is mvghued'shall be discontinued within the time limits specified by the Planning Commission, which shall not exceed the following maximum time limits: Amendmenr874 AugustN, 1998 Page 3 a. Residential districts: 5 years; b. Nonresidential districts: 10 years. Maximum time limits for nonconforming uses in the residential or nonresidential portions of SP or PC district shall the same as those for residential and nonresidential districts, respectfully, unless otherwise provided for in the specific plan or development plan. 9. Revise Section 20.63.060 as follows: 20.63.060 ]Building Bulk Building bulk shall be calculated to be gross floor area excluding outdoor dining areas and with the addition of courtyards not open on at least 2 sides. An area which is open to the sky and is open on one side shall be considered to be consistent with this provision. In addition, for purposes of calculating building bulk, the floor area devoted to portions of a building which span more than 1 floor, such as multi -level lobbies, stairwells, and elevator shafts shall be counted at each floor level. Any level of a building which measures more than 18 feet from finished floor to finished floor level or from finished floor to the average height of the roof above finished floor, shall be considered to occupy 2 floor levels. Building bulk shall also include the gross square footage of above grade or partially subterranean covered parking areas, except where specifically excluded for a particular location under the Land Use Element of the General Plan. Where a covered parking area is partially subterranean, gross 'floor area of the covered parking area shall be prorated as follows: Height of ceiling above natural grade greater than 8 feet 6 -8 feet 4 -6 feet 2 -4 feet less than 2 feet Portion of parking area counted towards gross square footage 100 75% 50% 25% Not counted Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25 for commercial uses or 0.35 for mixed residential/commercial uses. Amendment 874 August 24, 1998 Page 4 10. Section 20.65.030 (6 -2), revise to clarify language: 2. Flood Hazard Areas. The WIN grade, whiAever -s a higher. sre quired to be;el'eyated atle pad elevation a� estabh Sh by the Flood Insurance Rate Maps recognized by the Building Department as part of flood safety requirements and maps adopted by City Council. Notwithstanding the building pad elevations established by the Flood Insurance Rate Maps, the minimum required first floor finished floor elevation for the interior living areas of all new structures shall be at least 6.27 Mean Sea Level consistent with the Public Works Department standard for bulkhead elevation. 11. Section 20.65.060, delete obsolete language: 20.65.060 Existing Structures and ]Permits C ■ DA :1 The use permit application fee shall be waived for any single family home in the R -1 District which is replacing a structure which was in existence on the effective date of this chapter (October 11, 1972). AMendOlCnt 674 August 24, 1998 Page j • C ■ DA :1 The use permit application fee shall be waived for any single family home in the R -1 District which is replacing a structure which was in existence on the effective date of this chapter (October 11, 1972). AMendOlCnt 674 August 24, 1998 Page j EM Structures on the bluff side of Ocean Boulevard in Corona del Mar, which were in existence or under construction on the effective date of this chapter (October 11, 1972) may be changed provided such change does not result in a roof height above top of curb and provided further that the roof height does not exceed the height limit established by the 24/28 Height Limitation Zone. For purposes of this chapter, the top of curb height limitation shall be established by a horizontal plane created by the extension of the top of curb line across each site located on the bluff side of Ocean Boulevard. Where a question arises as to the `interpretation of this 'code, the Planning Director shall review and render a decision. New structures may be constructed on vacant sites subject to the same criteria. 12. Reformat Section 20.65.050 (1B) as a separate section, Section 20.65.055: The Planning Commission or City Council in approving any planned community district, any specific plan, or in granting any use permit for structures in excess of the basic height limit in any zone d'i stiaS shall find that each of the following four points have been complied with: 4-. The increased building height would result in more public visual open space and views than is required by the basic height 'limit in any zone. Particular attention shall be given to the location of the structure on the lot, the percentage of ground cover, and the treatment of all setback and open areas. -2-D. The ,increased building height would result in a more desirable architectural treatment of the building and a stronger and more appealing visual character of the area than is required by the basic height limit in any zone. 3D. The increased building height would not result in undesirable or abrupt scale relationships being created between the structure and existing developments or public spaces. Particular attention shall be given to the total bulk of the structure including both horizontal and vertical dimensions. 4D. The structure shall have no more floor area than could have been achieved without the use permit. Amendment 874 Augusl 24, 1998 Pagc 6 13. Revise Section 20.66.040 (A -1) to include the R-1.5 District: 20.66.040 Parking Standards for Residential Districts A. Parking Space Dimensions and Clearances Minimum Interior Dimensions. Required parking spaces shall have a minimum interior width of 8 feet, 3 inches and a minimum interior depth of IS feet. Exception: In Rr -1 R -2 and MFR Districts, where tandem parking is provided, one of each set of two tandem spaces may have a minimum interior depth of 16 feet, provided this space is not used to meet* the requirements for covered parking. 14. Section 20.66.050 (B -4), revise to provide the correct reference: 4. Exceptions. a. Where the size, shape, location, or topography of the proposed parking facility make compliance with the requirements of this t . season unpractical and will result in hardship, the requirements of this chapter and the off - street parking standards as are necessary to permit development of the parking facility may be waived so long as the waiver does not create an unsafe condition or a condition which is detrimental to surrounding property. b. For commercial districts, application for a waiver of the requirements of this sccttnrg shall be made to the Modifications Committee. C. For industrial districts, application for a waiver of the requirements of this- ehapter sec � shall be made to the Planning Commission. 15.20.67.020 Q -3), revise as follows: Luminous Tube Sims. Any sign which consists of or is illuminated by exposed electrically- charged gas - filled tubing, such as neon and argon signs ,exposed ub . Ameudmenl 874 August24, 1998 Page 7 16, 20.67.025 (1), add new sections: 8. c rempoiary pertted wader Sectol 2067 035'a 17. Revise Section 20.67.035 (B) as follows: B. Other Temporary Sijms. L Residential Districts. No temporary signs are permitted in residential . districts, except the'tor real estate signs authorized in Section 20.67.035 (A) and ,personal pr p ty s le signs �u oracedin Sect on 2060 120 (F 2. Commercial and Industrial Districts. Temporary signs are permitted in commercial and industrial districts subject to the following restrictions: a. Size. No temporary sign shall exceed t00 square feet in area. Temporary signs of rigid material shall not exceed 24 square feet in area, or 6 feet in height. Amendment 874 Augot24, 1998 Page 8 0 I M M b. Duration. Temporary signs shall remain in place for a period not exceeding 90 days per calendar year. C. Number. 1. per building or site. d. Exceptions. (1) Temporary signs displayed atautefneble service stations-aptl dFi ° in and autdoer restaufams are governed by the provisions of Sections 20.67.030 (D) and (E), Fespe6t�aly. (2) e. q�,ca person Shall place. b1 post any 18. Section 20.52.050, revise to read as follows: D. Required Notice. 1. At least 10 days prior to the administrative decision, notice shall be mailed to the applicant and all owners of pro erty within 300 feet> ezcl ervenina ghGs o'f. =way wcl wierw;2�s� of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the Ammtdment 974 August 24, 1998 Pape 9 applicant to obtain and provide to the City the names and addresses of owners as required by this section. Exception. Notice is not required for__�ippltcations on properties which are not located within 300 feet (ex4udmg iritervetitn a igh of= waviand, water of a residential district. 19. Section 20.86.070, revise to read as follows: B. Required Notice. The Modifications Committee shall give notice of the public hearing in the same manner as prescribed in Section 20.93.030 for all CRDPs reviewed by the Modifications Committee, 2. Notice of all other public hearings shall be given as follows: a. Mailed or Delivered Notice. (1) ResiU ntialDistmefs At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. (2) 20. Section 20.91.025 (A), revise as follows: A. Authority. The Planning Commission shall approve, conditionally approve, or disapprove applications for use permits or variances, unless the authority for an AIT CWIOIOIIt 874 August 24, 1998 Nagc 10 administrative decision on a use permit is specifically assigned to the Planning Director in the individual chapters of this code. fit use permits and, variances the general plan zoning code; ! 21. Section 2O.91.O3O, revise to read as fol0ows: C. Required Notice. ,Notice of a public hearing or an administrative decision shall be given as follows: 1. Mailed or Delivered Notice. a. kt'ctiidunttal,:Distrrct At least 10 days prior to the hearing or an administrative decision, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. 1711 22. ]Revise Section 20.91.035 (B -1): 1. :rFs• Amendinum 874 August24, 1998 Page I I 23. Section 20.92.4150, revise to read as follows: B. Required Notice. Notice of such hearing shall be given as follows: 1 Rcs`ientil!D sutcts At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 300 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City a list and postage paid envelopes with the names and addresses of owners as required by this section. 2. 24. Section 20.92.060 (A), revise as follows: A. If all applicable standards established by this section are met, the 'Planning Commission shall approve the development. Conditions may be applied when the proposed development does not comply with applicable standards and shall be such as to bring said development into conformity. 25. Section 20.93.030 (B), revise to read as follows: B. Required, Notice. 1. Mailed or Delivered Notice. a. kArdealiaDrstricis� At least 10 days prior to the hearing, notice shall be mailed to the applicant and all owners of property within 100 feet of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant Amendment 874 August 24, 1996 Page 12 b. to obtain and provide to the City the names and addresses of owners as required by this section. 26. Section 20.93.050, revise to correct error: 20.93.050 Effective Date Modification permits shall not become effective for '14 days after being granted, and in the event an appeal to the Planning filed or 11 the iF_Lnp g Cuu oI City Council shall exercise its right to review any such decision under the provisions of Chapter 20.95, the permit shall not become effective unless and until a decision granting the modification permit is made by the Planning Commission or City Council. 27. Section 20.94.030 (8 -1), revise to snatch state law: Mailed or Delivered Notice. In case the proposed amendment consists of a change so as to reclassify any property from any district to any other district oar aftects the r_im uses,,ot real pipet y, at least 10 days prior to the hearing, notice shall be mailed to the applicant, the property owner, and all owners of property within 300 feet,.e cudtngvinterrueniii "ri hts of wayan :irate` iw iy of the boundaries of the site, as shown on the last equalized assessment roll or, alternatively, from such other records as contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the City the names and addresses of owners as required by this section. If the number of owners to whom notice would be mailed pursuant to this section is greater than 1000, the Planning Director, at his discretion, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one - eighth page in 2 newspapefs atrJ104st enen L newspaper of general circulation within the City at least 10 days prior to the hearing. In all cases tnY "Uvin amendmentso+tlie Ditrtcixg Mai, notice shall be given by mail to the owner of property that is the subject of the proposed amendment. Amcndincot V4 Augus124, 1999 Page 13 28. Section 20.94.030 (B -4), revise to provide for business organizations: H In addition, when applicable, the etneawi eFs boinmunity' " d/o • b'u riies' .association t,�presenting the !area ul fc the affected property is •located shall also be. notified as provided herein. 29. Section 20.94.050 (A) requires to maintain language consistency with other sections of the Zoning Code: A. Hearing Date and Notice. Upon receipt of such report from the Planning Commission, or upon the expiration of the time limit prescribed in Section 20.94.040, or upon the filing of any appeal, the City Council shall set the matter for Ons' t one public hearing giving notice thereof as prescribed in Section 20.94.030. 30. Section 20.95.010 (B), revise as follows: B. Calls for Review. As an additional safeguard to avoid resuhs inconsistent with the purposes of this code, decisions of the Planning Director and the Modifications Committee may be called up for review by the Planning Commission, or by the City Council for re 1ew:ror referral to the Planning Commission. Decisions of the Planning Commission may be called up I'or review by the City Council. 31. Section 20.95.040 (C), revise as follows: C. Calls for Review. Calls for review by the Planning Commission or Fie G y t?o�.,....-unc may be initiated by any member. G °11•, fee. _eview by the affiE. ati votes. 32. Section 20.96.040 (1E -3), change "6 months" to "180 days." 3. That there has been a discontinuance of the exercise or the entitlement granted by the permit for 6 I, seoutive men : _8()consecutrueD Amendment 874 August 24, 1998 Page 14 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 98 -21 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of August, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: None Absent: Hedges Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of August, 1998. (Seal) F ; City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } se. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 98 -21 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: August 29, 1998. In witness whereof, I have hereunto subscribed my name this iL�� day of P, '1998. City Clerk of the City of Newport Beach, California