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AGENDA
General Plan/LCP Implementation Committee
November 7, 2007
3:30 p.m.
City Council Chambers
1. Approve Action Minutes from September 12, 2007 Meeting
Attachment No. 1 3:30-3:35
2. General Plan/LCP Implementation - Master Task List
Update From Staff and Committee Comments
Attachment No. 2 3:35-3:45
3. Zoning Code Rewrite — Alley Encroachments
Provide direction to staff regarding changes to regulations
Attachment No. 3 3:45-4:15
4. Residential Parking — Spaces based on number of rooms or size?
Provide direction to staff regarding changing requirements
Attachment No. 4 4:15-4:45
5. Housing Element Update
Oral report from staff
6. Items for Future Agenda
4:45-5:00
5:00- 5:10
7. Public Comments on non -agenda items 5:10- 5:20
Attachment 1
CITY OF NEWPORT BEACH
GENERAL PLANILCP IMPLEMENTAION
COMMITTEE
DRAFT ACTION MINUTES September 12, 2007
Action Minutes of the General Plan/LCP Implementation Committee held at the City Council
Chambers, City of Newport Beach, on Wednesday, September 12, 2007
Members Present:
X
Ed Selich, Mayor Pro Tem, Chairman
E
Steve Rosansk , Mayor
X
Leslie Daigle, Council Member
X
Barry Eaton, Planning Commissioner
X
Robert Hawkins, Planning Commissioner
X
Michael Toer e, Planning Commissioner
Advisory Grouo Members Present:
Staff Representatives:
X
Mark Cross
X
Larry Frapwell
X
William Guidero
X
Ian Harrison
X
Brion Jeannette
X
Don Krotee
X
Todd Schooler
Kevin Weeda
Dennis Wood
Staff Representatives:
X
Sharon Wood, Assistant City Manager
X
David Le o, Planning Director
X
Robin Clauson, City Attorney
X
James Campbell, Senior Planner
X
GreggRamirez, Senior Planner
E = Excused Absence
Committee Actions
1. Agenda Item No 2 — General Plan/LCP Implementation - Master Task List
Action: Committee approved Task List
Vote: Consensus
2. Agenda Item No 4 - Zoning Code Rewrite — Project Schedule
Action: Committee directed staff to revise schedule dates per direction
provided by Chairman Selich.
Vote: Consensus
3. Agenda Item No 5 — Local Coastal Plan — Coastal Resource Protection Policy Review
Action: Committee directed staff to revise polices and schedule public hearings
for the Planning Commission and City Council.
Vote: Consensus
Attachment 2
GENERAL PLAN IMPLEMENTATION TASKS
Interim Zoning Resolution (including ability to require development
agreements)
Staff, January 9, 2007 -Complete
2. Procedures to implement single- and two-family design policies
Staff, March 27, 2007 -Complete
3. Zoning Code and Specific Plan rewrite
Consultant, with staff input and review, January 2008
4. CLUP amendment
Staff, Consultants
• October 18, 2007 Planning Commission recommendation on
clarification of policies re: coastal bluff development
• November 13, 2007 City Council re -approval to correct notice will
include clarification of policies re: coastal bluff development
• November 13, 2007 City Council approval of contract with
advocacy firm (D. B. Neish, Inc.)
Housing Element certification by HCD
EIP and staff, TBD
• Comments on re -submittal received from HCD September 10 , 2007
• Revised RHNA approved by SCAG July 12, 2007
• EIP proposal for required update and certification, October 31 st,
2007
6. Park Dedication Fee (Quimby Act)
Staff, April 10, 2007- Complete
7. ED Strategic Plan
Staff, ADE and EDC, July 10, 2007 - Complete
8. Fair Share Fee update
Consultants, TBD
• Staff approval of contract for nexus study ( Revenue &;Cost
Specialists, LLC), October 31, 2007
■ Nexus study completion 12007
9. Airport Area infrastructure study and fee(s)
ROMA and Fair Share Consultant, TBD
10. Inclusionary Housing Ordinance and In -lieu fee
Consultant
11/02/2007
■ Affordable Housing Task Force review of updated fee study,
November 13, 2007
• Committee review of fee study and draft ordinance, TBD
11. Parking Requirements and Management
Staff, EDC,
• RFP Issued October 12, 2007
• Proposals due November 9, 2007
12. LCP Implementation Plan
Staff, concurrent with/trailing Zoning Code rewrite
13. City Council Ordinance on development agreements
Staff, February 27, 2007 - Complete
14. Traffic signal synchronization
Consultant and Public Works staff, master plan October 2007
15. PC rewrite/revisions
Property owners for major ones, their schedule
Staff or consultant for smaller ones, with Zoning rewrite or second phase,
TBD
16. Banning Ranch Pre -Annexation and Development Agreement
City Council, staff and property owners, TBD
17. Harbor Area Management Plan
Consultants, staff and Harbor Commission, September 2008
18. Run-off and Pollution Reduction Plan
Coastal/Bay Water Quality Committee and staff, ongoing
19. Database refinements and maintenance
Staff, refinements TBD, maintenance ongoing
20. Fiscal Impact Model training
ADE and staff, March 29, 2007- Complete
21.Traffic Phasing Ordinance revision re: NBTAM
Staff, July 24, 2007- Complete
22. Measure S Guidelines revision re: variable FAR
Staff, iTBD
11/02/2007
Lower Priority
• Municipal Code amendments re: property maintenance standards
• Building Code amendments re: green buildings
EQAC Energy Subcommittee, EQAC discussion November 19, 2007
• Amend City Council Policies on historic, archaeo and paleo resources
• Funding and priority program for construction of noise barriers along
arterials
11/02/2007
Attachment 3
Li
CITY OF NEWPORT BEACH
MEMORANDUM
TO: General Plan/LCP Implementation Committee
FROM: Gregg Ramirez, Senior Planner
DATE: November 2, 2007
RE: Zoning Code - Alley Encroachments
In order to assure adequate paths of travel in narrow alleys, the existing Code
requires rear alley setbacks between T-9" to 5' to be clear of all obstructions
except, second floors on lots 85 feet deep or less, which may encroach 2.5 feet
into the rear alley setback.
The Code does not contain the same "clear of obstructions" regulation for side
yards that abut alleys. For these side yards, the standard regulations apply.
It has come to the attention of the Planning Department these regulations can
negatively affect vehicle movement in alleys, especially those 15 feet or less in
width (see Exhibit 1 for regulations and Exhibit 2 for a citywide map of alley
widths). Additionally, there is the opinion of some that the second floor
encroachments create a less than desirable environment in the alleys.
Second Floor Alley Encroachment
The exception for a 2.5 foot second floor encroachment has proven to hinder
maneuverability of trash trucks and delivery vehicles. This is especially true at
corners and T intersections where incidents of vehicles striking these
encroachments have occurred. For these reasons, the elimination of the second
floor exception is supported by both the Public Works and General Services
Departments (see attached comments).
From a Planning perspective, alleys where dwellings have built using these
regulations have, in the opinion of some, created a canyon effect which blocks
light and air and creates a claustrophobic atmosphere. This effect is most evident
in areas with 10 -foot alleys such as Newport Shores.
The areas that would be affected by a change to this regulation are Balboa
Island, Balboa Village Residential, Balboa Peninsula, West Newport and Newport
Shores. The attached exhibit indicates the alley width of various neighborhoods.
The 10 -foot alleys indicated in red and the gold alley in West Newport generally
show the areas subject to this regulation.
Side Yard Adjacent to Alley (see exhibit no. 2)
The code allows accessory structures such as fences, walls and planters to be
placed in the side yard. This creates two issues, restricted vehicle
maneuverability on 10 and 15 foot alleys and ingress and egress conflicts with
properties with rear alley yards facing a side alley yard where fences and other
structures have been built.
Staff has identified three options related to this matter.
1. Require side yards abutting alleys to remain clear of all obstacles. This
would expand the effective width of an alley to improve maneuvering;
however, there would be no separation or barrier between the side of a
dwelling and the alley. Additionally, the property owner would lose use of
the side yard setback area that is 7.5% of a 40 -foot wide lot.
2. Increase the rear alley setback of the lots opposite the side yard from 5 to
10 feet while maintaining existing standards for the opposing side yard.
This would increase the effective width of the alley increasing the
maneuvering area while reducing the depth where a building can be
located by approximately 6.5% of a 85 -foot deep lot.
3. Allow accessory structures such as fences in side yards consistent with
the standard provisions for side yards and increase the 5 -foot rear alley
setback to 10 feet at the alley intersection only to provide the extra space
vehicles need for maneuverability.
4. Retain the existing regulations.
Exhibits
1. Alley regulations
2. Setback exhibit
3. Comments from Public Works
4. Comments from General Services
5. Citywide alley width map
Exhibit 1 — Alley Related Zoning Code Regulations
20.10.030 (1) In residential districts having alleys to the rear of lots or development sites
shall maintain the following setbacks from rear properly line, clear of all
obstructions, except as provided in Section 20.60.030 (A-6) and Section
20.60.030 (1):
Allev Width Setback
15' or less 5'
15'-1" to 19'-11" 3'-9"
20' or more 0'
Roll -up garage doors shall be required when garage door openings are located
closer than 22 feet to alleys with widths oP20 feet or more.
20.60.030 (A-6). Required Sight Distances. Fences, walls, uncovered accessory
structures, and hedges shall be limited to 3 feet in height within any required front yard
setback area of up to a maximum of 10 feet, that is within 60 feet of the intersection of
two street rights of way. A sight distance "triangle" shall also be required for fences,
walls, uncovered accessory structures, and hedges not to exceed 3 feet in height, within
any required side yard setback that is within 15 feet of the intersection of a street right of
way and an alley, within 15 feet of the intersection of two alleys, or within 5 feet of the
corner of any intersecting street right of way surd a driveway. Elevations for construction
within required sight distance "triangles" shall be measured from the adjacent top of curb
height.
20.60.030(1). Encroachments in Residential Rear Yard Setbacks Abutting Alleys.
In residential districts having alleys to the rear of lots or development sites, a
second -story projection will be permitted to encroach into the setback stipulated in
Chapter 20.10, subject to the following conditions:
1. No projection may extend closer than T-6" to the center of any
alley.
2. No projection may extend closer than 2'-6" to the rear properly
line.
3. `Chat portion of the building which encroaches into the required
rear yard setback shall have a minimum ground clearance of 8'-0".
4. No encroachment will be permitted on lots having a depth
exceeding 85 feet.
Exlf-113rr Z
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BOULEVARD
P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768
(949)644-3311
MEMORANDUM
TO: Janet Brown
Planning Department
FROM: David Keelyyy
Development Services
DATE: August 21, 2007
SUBJECT: Code Amendment CA2007-003 (PA2007-055)
The following are issue related to the Encroachment in Residential Rear Yard Setbacks
Abutting Alleys:
The rear yard setbacks when adjacent to alleys are used to facilitate two directional
travel in the alley. Any obstructions that would hinder the ability to accommodate two
directional travel shall not be permitted. In the case of second floor encroachments
within residential areas, these encroachment hinder large vehicles such as trash trucks,
delivery vehicles (UPS, Fedex) are hindered in their maneuverability in areas where
encroachments are permit. There have been occasions that City trash trucks clip the
second floor corner of buildings as they enter, exit, and maneuver through the alley.
FAUSERS\PBW\DKeelMkeel0Plan Check\UP2007-014 349 Old Newport BRW-11.07memo.doc
2gW Po?r
General Services Department
C9f/FO0.t"Y
To: Janet Johnson Brown, Senior Planner
Prom: Mark Hannon, General Services Director
Date: August 21, 2007
RG: Code Amendment CA2007-003
The General Services Department is in favor of eliminating Code Section 20-60 which currently
allows the encroachment of a 2nd story into the alleyway. The department feels that these
encroachments cause unsafe passageways into alleys, particularly at corner lots. In the affected
locations of Balboa Island, Balboa Peninsula, West Newport and Newport Shores, City trash
trucks go through these alleys once or twice a week, depending on the season. Upon entering
and exiting alleys in this area, the trash truck's cab may fit under the encroachment; however the
body of the truck does not, creating a situation that may cost the City money for possible repairs
to the home or the truck. The elimination of this Code Section would decrease the possibility of
these types of incidents on new homes, however the safety concerns would still exist on older,
existing homes.
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Attachment 4
USP
CITY OF NEWPORT BEACH
MEMORANDUM
TO: General Plan/LCP Implementation Committee
FROM: Gregg Ramirez, Senior Planner
DATE: November 2. 2007
RE: Residential Parking Adequacy
The Land Element of the General Plan includes the following policy:
LU 5.1.8 Parking Adequacy
Requite that: new and renovated single-family residences incorporate
adequate enclosed parking in consideration of its number of
bedrooms. (Imp 2.1)
The existing residential parking regulation requires 2 parking spaces for each dwelling
unit regardless of number of rooms or square footage. In neighborhoods with front
loading garages and driveways, there is no evidence of widespread parking deficiencies.
Parking shortages generally occur in neighborhoods with alley -loaded garages and no
driveways, where residents and guests make use of on -street parking when the garage
or carport spaces are taken by vehicles or storage. The fact that the majority of these
neighborhoods are located near the beach further compounds the problem during the
high season when residents and visitors compete for limited parking spaces.
The general plan policy suggests that increased on-site parking requirements may
improve on -street parking availability.
Option 1 - Required parking based on number of bedrooms
This option requires two determinations, how many parking spaces per bedroom and
how is bedroom defined. Below are four examples of definitions of bedroom.
Bedroom. An enclosed space in a structure that is desiened such that it could be used for
sleeping purposes and meets the room dimension requirements of the most recent edition of
the Uniform Building Code, is not accessed directly from the garage, and has one or more
windows.
Bedroom. Any room other than a living room, a dining room, a kitchen, or bathroom. For
example, any room designated on building plan submittals as a den, library, study, loll or
other extra room is considered a bedroom.
Bedroom. Any room at least 70 square feet or more in area in a residential structure, which
is not a kitchen, dining room, living room, or bathroom. Dens, studies, or other rooms that
are capable of being used for sleeping quarters that contain a closet, or to which a closet
could be added, shall also be considered bedrooms.
Bedroom. Any space in the conditioned area ofa dwelling unit or accessory structure
which is 70 square feet and greater in size and which is located along an exterior wall, but
not including the Following: hall; bathroom; kitchen; living room (maxinnun of one per
dwelling unit); dining room (in proximity to kitchen, maximum of one per dwelling unit);
family room (maxinnun of one per dwelling unit), laundry room, closet9dressing room
opening off of a bedroom. The Director may grant exceptions if a room, by its design,
cannot function as a bedroom. Sewing rooms, dens, studios, lofts, game rooms, and any
other conditioned room along an exterior wall which is 70 square feet or greater in size will
be considered to be bedrooms unless the room is specifically exempted. If a home office,
library or similar room is proposed, it may be exempted from being considered a bedroom
if there is no closet and at least one of the following is present: a) permanently built-in
bookcases, desks and other feature that encumber tie room in such a way that it cannot be
used as a bedroom; b) a minimum 4 foot opening, without doors, into another room; or c) a
half wall (4 foot maximum height) between the room and another room. A detached
building which contains only a half bath will not routinely be considered as having a
bedroom unless it is specifically identified and permitted as a guest house.
Once bedroom is defined, a threshold of when a third (and possibly fourth) parking
space is to be required needs to be established. Staff and the consultants believe that a
third parking space for dwellings that have 5 or more bedrooms is a good place to start.
Additional spaces can be required for dwellings with more than 5 bedrooms, but given
the location and size of homes where this may be applied, a maximum requirement of 4
would be recommended. It must be kept in mind that an increase to space requirements
will likely create many non -conforming situations and will reduce ground floor area
available for habitable area.
Option 2 — Required Parking Based on square footage
This option may create less confusion given that bedroom doesn't have to be defined.
Since an increase in space requirements would have the greatest affect on alley -loaded
lots staff looked at some typical building maximum residential floor areas for areas with
alley -loaded garages. Following are examples of maximum floor areas for
neighborhoods where an actual or perceived parking problem exists. The maximum floor
area indicated is based on current code regulations which, includes garages. Staff and
the consultants continue to work on residential development regulations that would allow
similar sized buildings while being easier to administer.
Corona del Mar: 3,348 sq. ft
Balboa Peninsula: 3,840 sq. ft
Balboa Island: 2,720 sq. ft.
Newport Shores: 4,060 sq. ft
The consultants have sent information suggesting a 3,000 square foot dwelling may be
the appropriate threshold when to require a third parking space. Beyond that, a fourth
space may be required for dwellings over 4,000 square feet. Of course, the square
footage included in the determination should only be habitable area and not include
garage area. Therefore, by assuming a 400 square foot garage, the highest permitted
square footage would be in 3,660 square feet in Newport Shores. The maximums in both
Corona del Mar and Balboa Island would be below the 3,000 square foot threshold.
Option 3 — No change to regulations
Keep the 2 spaces per unit requirement