HomeMy WebLinkAbout30 - Residential Maximum Floor Area Limits Calculation - Amendment 884�taEWPORT
o �
,�
���FOA�
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-5240% FAX (949) 644-3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE MAYOR AND CITY COUNCIL
April 12, 1999
30
Patrick J. Alford
(949) 644 -3235
SUBJECT: Calculation of Residential Maximum Floor Area Limits (Amendment 884)
SUMMARY: An amendment to Section 20.10.030 (Property Development Regulation M),
Section 20.10.040 (B -2), and Section 20.41.060 (Property Development
Regulation 1) of the Zoning Code to exempt bathrooms, connecting corridors,
foyers, and stairwells from the calculation of residential floor areas.
ACTION: Hold hearing; introduce ordinance and pass to second reading on April 26, 1999.
Background
In the City of Newport Beach, there are limits on the amount of floor area permitted on residential
properties. These residential floor area limits were adopted for two primary purposes. The first was to
regulate the size and bulk of buildings. The second was to regulate the intensity of residential uses to
control parking demand, traffic generation, and population density.
.Since 1994, all uninhabitable portions of residential buildings which span more than one floor and
measure more than 14 feet 6 inches from finished floor to the average height of the ceiling above the
finished floor are considered to occupy two floor levels and each level is included in the calculation of
residential floor areas. The term "uninhabitable" was never officially defined. However, a review of
staff reports and meeting minutes from 1994 suggests that the term "inhabitable area" was intended to
be used as the term "habitable room" is used in the Uniform Building Code. A "habitable room" refers
to a room meeting the requirements of the Uniform Building Code for sleeping, living, cooking, or
dining purposes, but excludes enclosed spaces such as closets, pantries, bath or toilet rooms, service
rooms, connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar
spaces. When the Zoning Code was updated in 1997, definitions for habitable room and habitable
space were added that reflected those in the U.B.C. The exhibit below shows those areas that are
considered habitable and non- habitable spaces under the U.B.0 and Zoning Code.
5
2
Spaces Are Shaded
Foyers, bathrooms, corridors, and
stairwells that are open to second level
ceilings and skylights are not
uncommon features in contemporary
residential designs. However, because
they are "uninhabitable areas," if such
areas measure more than 14 feet 6
inches from the floor to the ceiling
above, they are considered to occupy
two floor levels, even if only one floor
level actually exists. In this example,
the foyer is open to the floor above and
the floor area of the foyer would be
counted twice in determining the floor
area of the building.
Analysis
O
h
r
Kif.
Din.
Ar
�P"d LIV
Br Br.
4
Nallw%
o LrL
foyer-"
oyer
Below
Foyer open to
second floor
The proposed amendment would replace the ambiguous term "uninhabitable" with the term "non -
habitable" to create consistency with other sections of the Zoning Code. The proposed amendment
would also add an exception for bathrooms, connecting corridors, foyers, and stairwells. This exception
is intended to avoid restrictions on the use of non - habitable areas that are commonly open to second level
ceilings and skylights. Other non - habitable areas, such closets, pantries, service rooms, laundries, attics,
storage spaces, utility rooms, and garages, spaces that measure more than 14 feet 6 inches would still
be considered as two floor levels and each level would be included in the calculation of residential
floor areas.
PlanningCommission Action
Discussion at the Planning Commission focused on the intent of the Planning Commission and the City
Council when the regulation was first adopted in 1994 and the regulation's impact on residential designs.
The Planning Commission concluded that an exception was needed for certain types of non - habitable
areas and voted unanimously to recommend approval to the City Council.
Submitted by:
SHARON Z. WOOD
Assistant City Manager
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachments: LZ Draft ordinance.
2. January 21, 1999 Planning Commission staff report.
3. March 18, 1999 Planning Commission staff report.
4. January 21, 1999 Planning Commission minutes.
5. Draft March 18, 1999 Planning Commission minutes.
Residential Roar Areas
April 12.1999
Page 2
E
•
ORDINANCE 99-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT SECTION
20.10.030 (PROPERTY DEVELOPMENT REGULATION NI). SECTION
20.10.040 (B-2). AND SECTION 30.41.060 (PROPERTY
DEVELOPMENT REGULATION I) OF TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO THE CALCULATION
OF RESIDENTIAL FLOOR AREAS [PLANNING COMMISSION
AMENDMENT 8841
WHEREAS, Section 20.10.030 (Property Development Regulation NI), Section 20.10.040
(B -2), and Section 20.41.060 (Property Development Regulation n contain language that is
inconsistent with other sections of the Municipal Code; and
WHEREAS, in order to correct these inconsistencies: an exception is required for
certain types of non - habitable areas in order to maintain the original intent of this regulation; and
0 WHEREAS, on March 1S, 1999, the Planning Commission of the City of Newport Beach
held a public hearing regarding this amendment; and
WHEREAS, on April 13, 1999, 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 Quality 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: Section 20.10.030 (Property Development Regulation M), Section 20.10.040
(B -2), and Section 20.41.060 (Property Development Regulation 1) of Title 20 of the City of Newport
3
Beach Municipal Code` shall be revised to read as provided in Exhibit "A."
SECTION 2: The Mayor shall sian 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 April 12, 1999, and adopted on the 26th day of April. 1999, by the following
vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
2
0
0
EXHIBIT "A"
I* Section 20.10.030 (Property Development Re°_Ulation NI)
E
(NI) R -1. R -1.5. and R -2 Districts. The total gross floor area in all buildings and structures on a
development site shall not exceed the following:
R- I District: 2 times the buildable area of the site.
R -1.5 District: 1.5 times the buildable area of the site.
R -2 District: 2 times the buildable area of the site.
Exceptions. The following structures shall not be included in the calculation of the
gross floor area:
1. Covered parking spaces which are open on at least 2 sides, or open on one
side and one end and which are not needed to meet off - street parking
requirements for covered parking.
2. R -1.5 District. 200 square feet of floor area used for enclosed parking for two
or more parking spaces.
3. 25 square feet of storage area adjacent to or a part of a parking space on a lot
less than 32 feet wide; provided that no plumbing is located in said area, and
provided that 3 parking spaces are provided side by side across one end of the
lot.
4. Decks, balconies or patios open on at least 2 sides or open on one side and
uncovered.
MFR District. The total gross floor area contained in all buildings and structures on a
development site shall not exceed 1.75 times the buildable area of the site; provided that up
to 200 square feet of floor area per required parking space devoted to enclosed parking shall
not be included in calculations of total gross floor area.
7
Calculation. Non- habitable rooms and spaces of a building, with the exception of bath or
toilet rooms, connecting corridors, foyers, and stairwells, that measure more than 14 feet 6
inches from finished floor to the ceiling above finished floor shall be considered to occupy
two floor levels and the floor area of each level shall therefore be calculated towards the
maximum floor area limit.
Area considered to be a second floor
and the floor area will be calculated
towards the maximum floor area lima.
Section 20.10.040 (B -2)
B. Floor Area Limit
1. In the R -1. 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.
2. Calculation. Non- habitable rooms and spaces of a building, with the
exception of bath or toilet rooms, connecting corridors, foyers, and stairwells,
that measure more than 14 feet 6 inches from finished floor to the ceiling
above finished floor shall be considered to occupy two floor levels and the
floor area of each level shall therefore be calculated towards the maximum
floor area limit.
Section 20.41.060 (Property Development Regulation I)
(1) Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms,
connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from
finished floor to the ceiling above finished floor shall be considered to occupy two floor
levels and the floor area of each level shall therefore be calculated towards the maximum
floor area limit. 0
4
i" •ter,_
.. .T- �.
I I r
�_ —: ✓_\_mil
._._
Living Room
Kitchen
Garage
(Ha:r.able)
(Habi'abie)
(Ncn- Habitacle)
Section 20.10.040 (B -2)
B. Floor Area Limit
1. In the R -1. 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.
2. Calculation. Non- habitable rooms and spaces of a building, with the
exception of bath or toilet rooms, connecting corridors, foyers, and stairwells,
that measure more than 14 feet 6 inches from finished floor to the ceiling
above finished floor shall be considered to occupy two floor levels and the
floor area of each level shall therefore be calculated towards the maximum
floor area limit.
Section 20.41.060 (Property Development Regulation I)
(1) Non - habitable rooms and spaces of a building, with the exception of bath or toilet rooms,
connecting corridors, foyers, and stairwells, that measure more than 14 feet 6 inches from
finished floor to the ceiling above finished floor shall be considered to occupy two floor
levels and the floor area of each level shall therefore be calculated towards the maximum
floor area limit. 0
4
CITY OF NEWPORT BEACH
COMMUNITY AND ECONOMIC DEVELOPMENT
PLANNING DEPARTMENT
SSA NEWPORT BOULEVARD
NEWPORT BEACH, CA 94658
(949) 644-34 -: FAX (949) 644-3450
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISSION
SUBJECT: Calculation of residential maximum floor area limits
January 21, 1999
5
Patrick J. Alford
644 -3235
ACTION: Discussion on the purpose and intent of a provision of the Zoning Code
that requires "uninhabitable" spaces that measure more than 14 feet 6
inches be considered two floor levels and each level to be included in the
calculation of residential floor areas. Provide direction to staff on
potential methods of addressing this issue.
Background
In late 1993, the City of Newport Beach sought to address a growing number of illegal alterations
involving the extension of second floor areas in clerestory areas over garages. The Planning
Commission and the City Council directed staff to prepare an amendment to include those
portions of residential buildings that span more than one floor in the calculation of residential
floor areas.
1._ J
The original draft of the amendment (Amendment 789) proposed that all portions of residential
buildings which span more than one floor and measure more than 14 feet 6 inches from finished
floor to the average height of the ceiling above the finished floor be considered to occupy two
floor levels and that each level be included in the calculation of residential floor areas. However,
the Planning Commission concluded that this would severely restrict the use of "desirable"
design alternatives, such as the use of vaulted ceilings in living rooms. Therefore, the Planning
Commission recommended that the regulation be amended to apply only to "uninhabitable"
spaces of residential buildings. The Planning Commission recommended for approval of the
revised amendment on January 6, 1994.
Amendment 789 was adopted by the City Council on February 14, 1994.
Analvsis
An entry (i.e., a foyer, atrium, or vestibule) that is open to the floor above is a common
residential design feature. However, this feature also raises questions regarding the purpose and
intent of a section of the Zoning Code that deals with the calculation of the floor areas of
residential buildings. Specifically, the question is whether such areas are "uninhabitable" spaces
and should contribute towards the maximum floor area limits.
0
I
Section 20.10.030 (Property Development Regulation O) of the Zoning Code reads as follows:
"Uninhabitable rooms and spaces of a building which measure more than 14 feet 6
inches from finished floor to the ceiling above finished floor shall be considered to
occupy two floor levels and the floor area of each level shall therefore be calculated
towards the maximum floor area limit."
The problem is that there is no official definition for the term "uninhabitable." Literally, it would
refer to areas not capable of being occupied or lived in. However, a review of the staff reports
and minutes on the original amendment revealed that "inhabitable" referred to areas such as
living rooms and family rooms and that "uninhabitable" referred to areas such as garages.
It would then appear that the term "inhabitable area" was to be used as the term "habitable room"
is used in the Uniform Building Code. A "habitable room" refers to a room meeting the
requirements of the Uniform Building Code for sleeping, living, cooking, or dining purposes, but
excludes enclosed spaces such as closets, pantries, bath or toilet rooms, service rooms,
connecting corridors, laundries, attics, foyers, storage spaces, utility rooms, garages, and similar
spaces. When the Zoning Code was updated in 1997, definitions for habitable room and
habitable space were added that reflected those in the U.B.C. The exhibit below shows those
areas that are considered habitable and non - habitable spaces under the U.B.0 and Zoning Code.
O
O
ti
O
O
ti
O
U
0)
Spaces Are Shaded
0
Calculation of Floor Area Limits
January 21. 1998
Page 2 !,
If it was intended that uninhabitable rooms and spaces are the non - habitable rooms and spaces of
the U.B.C. and Zoning Code, then an entry that is open to the floor above would be considered as
two floor levels and each level would be included in the calculation of residential floor areas. In the
example illustrated in the exhibit below, the foyer is open to the floor above. Because it measures
more than 14 feet 6 inches from the floor to the ceiling above, the floor area of the foyer would -be
counted twice in determining the floor area of the building.
1 I
- -- -- _ Din. �l-
4
Abr. Kid Br. Br.
�t--1 Fwd
liv.
p - Hallway o ---------
pen
c
}a
_II —
foyer 1 �` i� Below
Gear: _
,
1
Foyer open to r
second floor
This interpretation would be consistent with the original purpose of the regulation, discouraging
the illegal extensions of second floors over clerestory areas in order to exceed residential floor area
limits. This exhibit illustrates how the space t
Y !a r Sc .ft
above the foyer in the example floor plan could t' "e; �,•
be used to create additional floor area.
This interpretation could also limit the use of
designs
featuring non- habitable areas that span
more than one floor level. Bathrooms
r a r • _
t
corridors, and stairwells that are open to second
. f .� �' 1. a
,
y • V .�
level ceilings and skylights are not uncommon
features in contemporary designs. Such features
•
are often used to create a greater sense of
openness and for dramatic effect.
v5 "` �M Open area above toyer converted4
ra ` o create a new room.
,f
a:�
-I : °�M-Aa . e
Calculation of Floor Area Limits
January 21, 1998
Page 3 (�
Options
Staff has prepared the following as potential methods of addressing the ambiguities in Section 20.10.030:
Option 1 Find that the term "uninhabitable rooms and spaces" refers to "non- habitable rooms and
spaces. "
With this finding, areas not considered to be habitable rooms and spaces by the U.B.C. and the Zoning
Code that measure more than 14 feet 6 inches from floor to ceiling would be considered two floor levels
and each level would be included in the calculation of residential floor area. This should be followed up
with a clean up amendment to Section 20.10.030 to replace the term "uninhabitable" with "non -
habitable." This approach has the potential to restrict the use of the design features described earlier.
Option 2 Amend Section 20.10.030 to provide an exception for foyers, bathrooms, connecting
corridors, and stairwells.
Under this approach, Section 20.10.030 would be amended to replace the term "uninhabitable" with
"non- habitable." However, the amendment would also add an exception for bath or toilet rooms,
connecting corridors, foyers, and stairwells. This approach would be less restrictive on the design
features described earlier.
Option 3 Amend Section 20.10.030 to apply only to garages.
It was the practice of constructing clerestory areas over garages and subsequent illegal alterations to •
exceed the maximum floor area limits that prompted the original amendment. The use of high or vaulted
ceilings in the main residential building may have a legitimate design purpose, but its use in a garage was
questionable. This approach would address the original issue and avoid having to make assumptions
about design features in other parts of the residential building. However, the potential for illegal
extensions of second floors over clerestory areas in order to exceed residential floor area limits would
still remain.
Option 4 Amend Section 20.10.030 to delete the clerestory provision.
This would bring the regulations on the calculation of residential floor areas back to where they were
prior to 1994. Non- habitable rooms and spaces would be treated the same as habitable rooms and spaces
in regards to the calculation of residential floor areas.
Options 1, 2, and 3 would involve minor revisions to the property development regulations and can be
implemented without much difficulty. Option 4 would involve a major change in residential property
development regulations and would require additional study.
Submitted by: Prepared by:
PATRICIA L. TEMPLE PATRICK J. ALFORD
Planning Director Senior Planner
Calculation of Floor Area limits
January 21, 1998
Page 4
I
CITY OF NEWPORT BEACH
42EW�kr COMMUNITY AND ECONOMIC DEVELOPMENT
e
4
t 4 PLANNING DEPARTMENT
3� = 3300 NEWPORT BOULEVARD
• ° +t FOa^`� NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644 -3250
Hearing Date:
Agenda Item No.:
Staff Person:
REPORT TO THE PLANNING COMMISSION.
SUBJECT: Calculation of residential maximum floor area limits
March 18, 1999
5
Patrick J. Alford
(949) 644 -3235
SUMMARY: An amendment to Section 20.10.030 (Property Development Regulation M), Section
20.10.040 (13-2), and Section 20.41.060 (Property Development Regulation I) of the
Zoning Code to exempt bathrooms, connecting corridors, foyers, and stairwells from
the calculation of residential floor areas.
ACTION: Conduct public hearing; adopt Resolution No. recommending approval or
modification of Amendment 884 to the City Council or disapprove Amendment 884.
Background
On January 21, 1999, the Planning Commission conducted a discussion on the purpose and intent of Section
20.10.030 (Property Development Regulation M) of the Zoning Code. The Planning Commission
concluded that an exception was needed for certain types of non- habitable areas and directed staff to return
with a resolution of intent (a copy of the staff report and an excerpt of the meeting minutes are attached for
. the benefit of the new commissioners and the public).
On February 18, 1999, the Planning Commission initiated the amendment.
Analysis
Section 20.10.030 (Property Development Regulation M) requires "uninhabitable" spaces that measure
more than 14 feet 6 inches in height be considered two floor levels and that each level be included in the
calculation of residential floor areas. The proposed amendment would replace the term "uninhabitable"
with "non- habitable" to create consistency with other sections of the Zoning Code. The proposed
amendment would also add an exception for bathrooms, connecting corridors, Foyers, and stairwells. This
exception is intended to avoid restrictions on the use of non- habitable areas that are commonly open to
second level ceilings and skylights.
The original discussion was limited to Section 20.10.030 (Property Development Regulation M). However,
staff has reviewed the entire Zoning Code and found two other sections where similar language appears.
These are Section 20.10.040 (13-2), which contains special property development regulations for the Old
Corona del Mar area and Section 20.41.060 (Property Development Regulation I), which contains property
development regulations for the Newport Shores Specific Plan District. These sections should also be
revised to allow the proposed exception.
If adopted, the Zoning Code would be revised to read as follows:
Section 20 10 030 (Property Development Regulation M)
Calculation. Uninhabitable Non- habitable rooms and spaces of a building, with the exception
of bath or toilet rooms, connecting corridors, foyers, and stairwells, whieb that measure more
than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered
to occupy two floor levels and the floor area of each level shall therefore be calculated towards
the maximum floor area limit.
Section 20.10.040 (B-2)
2. Calculation. For purpeses „f .1,.ulating the allowable , b{e s (leer the floor .
deveted to portions of b
buildings
b
floor, shall h° e sider °,1 to eeeupy twe sle@F ley_ - Non- habitable rooms and spaces of a
building, with the exception of bath or toilet rooms, connecting corridors, foyers, and
stairwells, that measure more than 14 feet 6 inches from finished floor to the ceiling above
finished floor shall be considered to occupy two floor levels and the floor area of each level
shall therefore be calculated towards the maximum floor area limit:
Section 20.41.060 ( Propertv Development Regulation 1)
u
(1) The total gross floor area, including basements, garages, and carports contained in all buildings on a
site shall not exceed twice the buildable area. For purposes of ealeulating, the alle'....hle ,.b .,.SS fl,,.^ .
b
the fleet area .1eyeted to ..miens of buildings 1eeat...l R nhnh:t..hl° a .. hieh. snan
b
b ._.
finished fleet shall be , sidered to eeeupy twe fleer levels. Non - habitable rooms and spaces of a
building, with the exception of bath or toilet rooms, connecting corridors; foyers, and stairwells, that
measure more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be.
considered to occupy two floor levels and the floor area of each level shall therefore be'calculated
towards the maximum floor area limit:
Submitted by:
PATRICIA L. TEMPLE
Planning Director
Prepared by:
PATRICK J. ALFORD
Senior Planner
Attachments: I. Draft resolution.
2. January 21, 1999 Planning Commission staff report.
3. Excerpt from January 21, 1999 Planning Commission minutes.
Amendmen1874
March 18.1999
Page,2`
•
City of Newpart Beach
Planning Cammissian Minutes
January 21, 1999
B. The Planning Commission may add to or modify conditions of approval to
this use permit or modification permit or recommend to the City Council
the revocation of this use permit or modification permit, upon a
determination that the operation which is the subject of this use permit,
causes injury, or is detrimental to the health, safety, peace, morals,
comfort, or general welfare of the community.
C. All signs shall conform to the provisions of Chapter 20.67 of the Municipal
Code except as authorized by Modification 4847.
SUBJECT • Calculation of residential maximum floor area limits
Ms. Temple noted that staff is requesting direction as to the intent and
interpretation to be taken or possible code amendments to particular
sections of the Municipal Code. This particular provision was adopted some
time ago in response to a number of unauthorized additions to homes,
particularly on Balboa Island where open clear stories and garage spaces
were constructed. After the final building permit, additional bedrooms would
be added within that clear space. The regulation adopted by the Planning
• Commission went through a number of wording changes with the final
wording requiring that clear spaces exceeding the 14 ft. 6 inch height
dimension over uninhabitable spaces would be counted twice. It seemed
the intent was uninhabitable meant areas like garages, etc. However, when
referring to the Uniform Building Code, certain interior floor areas such as
stairwells, restrooms, etc. are not considered habitable. Since there is no
definition of an "inhabitable area ", we have a problem with the
interpretation of the code section.
Mr. Alford then presented the following for deliberation:
Option 1 - involves making the interpretation that uninhabitable areas refer
to the non - habitable areas as defined by the Uniform Building Code. The
consequence would be that the areas above foyers, bathrooms, hallways
could possibly be counted twice in the residential floor area calculations
which could restrict or stop a property owner from adding these features in
their floor plan.
Option 2 - would provide an exception for foyers, bathrooms, connecting
corridors, and stairwells and the code would be amended to replace the
term uninhabitable with non - habitable. The other areas you are not likely to
see would be two story laundry rooms or walk in closets, so they would
continue to fall under the current provisions.
• 14
INDEX
Item 5
Discussion of
Calculations of
residential maximum
floor area limits
0
City of Newport Beach
Planning Commission Minutes
January 21, 1999 INDEX
Option 3 - would limit it simply to garages as a non - habitable area and it
would leave the other areas in the living portion of the unit as habitable.
Option 4 - would delete this provision entirely and non - habitable rooms and
spaces would be treated the same as habitable rooms and spaces in regards
to the calculation of residential floor areas.
Option 1 is the most restrictive in terms of potential design; and option 4 is the
least restrictive.
Discussion followed noting:
• All areas within the building that are habitable are not subject to the
limitation, so living rooms, dining and bedrooms can all have a clear story
up to the height limit. They are not limited to the 14.6 calculation.
• With the UBC definition of non - inhabitable, the 14.6 limitation would apply
to the garages which was the source of the original problem as well as any
places within the living space that are not defined as habitable.
• The term uninhabitable has been defined as non - habitable in practice all
along and staff has been inconsistent because there was no definition.
• Staff is looking for guidance from the Planning Commission as to whether
the 14.6 limitation is appropriate, or no limitation in terms of whether it is
calculated as one level of living space or two.
.
• In parts of town, some people have filled in open foyers.
• Allow designers to be creative and not coverevery single problem.
• History of the problem being three homes that were built under the same
building plan on Balboa Island. All had the same design with the clear story
above the garage, all three were discovered through the Residential
Building Inspections to have built over that garage and expanded into a
second story resulting in a higher floor area ratio than allowed. All three
came to the Planning Commission and then the Council to ask for a
Variance. For various reasons, two were granted and one was denied.
Ms. Temple noted an intermediary course to select Option 2 or 3 with the
understanding that we would revisit the issue of residential floor area ratios. This
would give us a quick fix and then the opportunity to revisit the whole issue in a
more coordinated fashion.
Commissioner Gifford asked that when this issue is being addressed, those
current floor plans being submitted at that time are considered.
Ms. Temple suggested that this would be studied as part of the Corona del Mar
development standards project.
Motion was made by Commissioner Gifford to direct staff amend Section
20.10.030 to provide an exception for foyers, bathrooms, connecting
15
City of Newport Beach
Planning Commission Minutes
January 21, 1999
corridors, and stairwells and include a study of the residential floor area
calculations in relation to current floor plans being submitted by the Corona
del Mar Study Group.
Ayes:
Fuller , Ashley, Selich, Gifford, Kranzley
Noes:
None
Absent:
None
Abstain:
None
ADDITIONAL BUSINESS:
a.) City Council Follow -up - Oral report by the Assistant City Manager
regarding City Council actions related to planning - Mrs. Wood
reported that at the last Council meeting a review of the Traffic Phasing
Ordinance was held and will be brought to the Planning Commission for
review in March; a General Plan update report was given and will be
part of the goal session discussion on January 301h, and the LCP Grant
Application was set to be heard at the next meeting on February 81h.
. b.) Oral report from Planning Commission's representative to the Economic
Development Committee - Chairperson Selich reported that a
presentation on the EDC goals and objectives was presented and was
received without comment.
C.) Matters which a Planning Commissioner would like staff to report on at a
subsequent meeting - Commissioner Gifford asked for a presentation of
the Balboa Sign issue. Ms. Temple noted that the original presentation
had been televised and is set to air within the near future on the cable
channel. The public at large will be invited to participate in the survey
and will be notified through public information provided by the Daily
Pilot. She also noted that all of the licensed businesses had been sent
direct mailers to inform them of the meeting and their presence and
participation were encouraged.
d.) Matters, which a Planning Commissioner may wish to place on a future
agenda for action and staff, report - none.
e,) Requests for excused absences - The meeting for February 401 was
canceled as there is only one item brought by the City and conflicting
timing of the Mayor's dinner that same evening. The next meeting will
be February 18th.
16
INDEX
Additional Business
IS
City of Newport Beach'
Planning Commission Minutes
March 18, 1999
7. The minimum width for the occess drive sholl be 24 feet curb to curb,
unless otherwise opproved by the City Troffic Engineer.
8. The Plonning Commission moy odd t modify conditions of opprovol
to this Use Permit or recommend,, ity Council the revocotion of
this Use Permit, upon o clef n thot the operotion which is the
subject of this Use Permit, n1ury, or is detrimentol to the heolth,
solely, peoce, morols, com , or generol welfore of the community.
9. This Use Permit sholl expire unless exercised within 24 months from the
dote of opprovol os specified in Section 20.91.050 of the Newport
Beoch Municipol Code.
SUBJECT: Calculation of residential maximum floor area limits
• Amendment 884
An omendmenl to Section 20.10.030 (Property Development Regulolion M),
Section 20.10.040 (13-2), and Section 20.41.060 (Property Development
Regulolion 1) of the Zoning Code to exempt bolhrooms, connecting corridors,
foyers, and sloirwells from the colculolion of residenliol floor oreos.
Al the request of Commission, Ms. Temple noted lhol the history of this
omendmenl originoled severol yeors ogo to oddress o growing problem with
persons constructing clerestory goroges, porticulorly on Bolboo Islond, and
then offer receiving o finol building inspection and certificole of occuponcy
would proceed to fill in the clerestory with oddilionol bedrooms. As o result of
this problem, the City enocled o new provision of the Zoning Code lhol
counts ony clerestory obove o non- hobiloble portion of o building to be
counted twice if it exceeded the interior height of 14 feet 6 inches. Al the
time the City oclopled the updoled Zoning Code, o number of oddilionol
definitions consistent with slonclord plonning and building code definitions
were esloblished. The term non- hobiloble beors most closely with the
building definition of un- inhobiloble and by moking those wording chonges
doff found lhol certoin oreos within structures would foil under this limilolion.
Sloff brought this issue to the Plonning Commission and discussed the vorious
options. The Commission determined lhol they wonted to still use the term
un- inhobiloble but would olso exclude certoin interior spoces such os both or
toilet rooms, connecting corridors, foyers and sloirwells to not be considered
so lhol those types of spoces could be two stories in height without being
counted twice. Certoin interior spoces such os closets, were they to be
constructed in o height higher lhon 14' 6" would remoin colculoled on two
levels. This omendmenl mokes the existing code consistent with the originol
intent of the code chonge done severol yeors ogo. In terms of the strict
24
INDEX •
Item No. 5
A 884
Recommended
Approvol
i
11
1W
r
City of Newport Beach
Planning Commission Minutes`'
March 18, 1999 INDEX
application it would provide for some additional floor area for structures
whose architecture included clerestory elements in foyers, stairwells and other
of the excluded areas.
Public comment was opened and closed.
Motion was made by Commissioner Kranzley to adopt Resolution No. 1496
recommending approval of Amendment884 to the City Council.
Ayes: Tucker, Ashley, Selich, Gifford, Kranzley and Hoglund
Noes: None
Absent: Fuller
Abstain: None
SUBJECT: Service Station Regulations Update Item No. 6
• Amendment 885 A 885
An amendment to Chapter 20.80 and Chapter 20.03 of Title 20 of the Continued to 4/8/1999
Municipal Code to update land use and property development regulations
for service stations. Two drafts of the amendment to Chapter 20.80 are
presented: one with provisions for the co- development of convenience
markets and eating and drinking establishments with service stations and one
without co- development provisions.
Senior Planner Alford presenting the staff repor-bnoted the following:
• First comprehensive revision to the Cify'g,service station regulations since
o. a
they were first adopted in 1972, ",,;;�,�
`i.
• This revision is the work o ?
% qn Economic Development Committee
consisting of EDC membeg and representatives of the Planning
Commission.
• Intended to correct land use regulations and property development
regulations that are reflective of service stations in the early 1970's
• Intended to correct regulations that prohibit common service stations
such as minor maintenance and the selling of non - automotive
merchandise.
• Draft A contains updated land use and property development
regulations, including provisions for the co- development of convenience
markets and eating and drinking establishments.
a. Convenience markets and eating and drinking establishments
would be permitted with a use permit.
b. Convenience markets would be required to have a minimum of
1,200 square feet of floor area
• Draft B contains the same updated regulations, but without the co-
25
4