HomeMy WebLinkAbout4.0 - Minor Amendments to Newport Beach Zoning Code - PA2015-056 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 23, 2015 Meeting
Agenda Item No. 4
SUBJECT: Minor Amendments to Newport Beach Zoning Code (PA2015-056)
• Code Amendment No. CA2015-005
APPLICANT: City of Newport Beach
PLANNER: Patrick Alford, Planning Manager
(949) 644-3235, palford@newportbeachca.gov
PROJECT SUMMARY
The application consists of minor amendments to correct unintended changes to zoning
regulations that were created with the comprehensive update in 2010. The
amendments are located within Chapters 20.20, 20.30, and 20.40 and will permit
Vehicle/Equipment Sales in the Commercial General (CG) Zoning District, correct
parking requirements for outdoor dining areas and single-unit dwellings, and clarify
allowable building encroachments.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. recommending City Council approval of Code
Amendment No. CA2015-005 (Attachment No. PC 1).
INTRODUCTION
Background
The Zoning Code (Title 20 of the Newport Beach Municipal Code) was comprehensively
updated in 2010 to implement the policies of the 2006 General Plan. Staff has
discovered several unintended changes to zoning regulations that were incorporated
into the Zoning Code when it was comprehensively updated in 2010. These unintended
changes need to be corrected in order to appropriately implement the policies of the
General Plan and maintain internal consistency within the Zoning Code.
On March 24, 2015, the City Council initiated the Code Amendment.
DISCUSSION
The proposed amendments to the Zoning Code are depicted in redline/strikeout format
in Exhibit A of the draft resolution (Attachment PC 1) and are discussed below.
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Zoning Code Minor Amendments
April 23, 2015
Page 2
CG District Vehicle/Equipment Sales (Item 1 of Exhibit A)
The "vehicle/equipment sales" land use category includes the sale of automobiles,
construction equipment, motorcycles, recreational vehicles, trucks, and similar vehicles
and equipment. This land use category was inadvertently omitted as a permitted use in
the Commercial General (CG) Zoning District. As most of the City's automobile
dealerships are located in the CG Zoning District, existing establishments were
inadvertently made nonconforming uses.
The CG Zoning District is intended to provide for areas appropriate for a wide variety of
commercial activities oriented primarily to serve Citywide or regional needs.
Vehicle/equipment sales were allowed with in the predecessor to CG Zoning District.
Furthermore, the "vehicle/equipment rental" land use category is a permitted use in the
CG Zoning District. Therefore, vehicle/equipment sales are an appropriate land use for
the CG Zoning District.
The proposed amendment would establish land use regulations for vehicle/equipment
sales that mirror those for vehicle/equipment rentals in the CG District. "General"
vehicle/equipment sales, which may include the sale, installation, and servicing of
related equipment and parts would require a conditional use permit. "Limited"
vehicle/equipment sales, which may include minor maintenance, and incidental rental,
but does not include maintenance and/or repair requiring pneumatic lifts, would be
permitted by right. "Office only" vehicle/equipment sales would continue to be permitted
by right.
The proposed amendment is to Table 2-5 of Section 20.20.020.A of the Zoning Code.
Encroachments into Alley Setbacks (Items 2 and 3 of Exhibit A)
Ground-level encroachments in both rear and side yard setbacks abutting an alley are
prohibited. However, the intent is to prohibit the ground-level encroachments only in the
rear yard area in order to maintain adequate clearance for vehicular maneuvering in the
alley. Therefore, the Zoning Code should be amended to clarify that no encroachment
obstructions at the ground level are allowed within the required rear setback area of a
lot abutting an alley
The proposed amendment is to Section 20.30.110.D.1.c of the Zoning Code.
Architectural Projections into Setbacks (Items 4, 5, and 6 of Exhibit A)
The Zoning Code allows certain structural features to project into required setback
areas, such as roof overhangs, brackets, cornices, and eaves; awnings and canopies;
and fireplaces and chimneys. The previous Zoning Code allowed such architectural
features to come up to twenty-four (24) inches of a side property line. The Code update
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Zoning Code Minor Amendments
April 23, 2015
Page 3
increased the setback to be to no closer than thirty (30) inches to a side property line;
however, this was based on an anticipated change to the Building Code that later
proved to be erroneous. Therefore, this requirement can be reduced back to twenty-four
(24) inches.
The proposed amendment is to 20.30.110.D.3.a, Section 20.30.110.D.4.a.ii, and Section
20.30.110.D.7.b, of the Zoning Code.
Subterranean Structural Supports (Item 7 of Exhibit A)
Subterranean structural supports, such as foundations, basement walls, and caissons
are permitted to encroach into a required setback area up to twelve (12) inches,
provided they are located at least twenty-four (24) inches from any property line.
The setback areas required by the Zoning Code are for the proposes of establishing
"open areas around structures for: visibility and traffic safety; access to and around
structures; access to natural light and ventilation; separation of incompatible land uses;
space for privacy, landscaping, and recreation; protection of natural resources; and
safety from fire and geologic hazards." These purposes are not applicable to
subterranean structural supports, such as foundations and caissons, which are more
appropriately regulated by the Building Code in terms of light, ventilation, fire rating, and
ingress and egress. Therefore, this encroachment limitation can be deleted for
foundations and caissons.
The twelve (12) setback encroachment limitation for basement walls would remain. The
City has never permitted habitable floor area to encroach into required setbacks without
the approval of a modification permit or variance.
This amendment is to Section 20.30.110.D.10 of the Zoning Code.
Off-Street Parking for Food Service Uses (Item 8 of Exhibit A)
The off-street parking requirement for "food service" land uses incorrectly excludes a
portion of the outdoor dining area. Based on the previous Zoning Code, the correct
standard should exclude a portion of the outdoor area based on the amount interior net
public area. "Net public area" is the area used to serve customers, including customer
sales and display areas, customer seating areas, service counters, and service queue
and waiting areas.
In 1995, the Zoning Code was amended to enhance opportunities for outdoor dining at
restaurants. As an incentive, off-street parking was not required for outdoor dining areas
up to twenty-five (25) percent of the interior net public area, or one thousand (1,000)
square feet, whichever is less. This amendment would restore that incentive.
The proposed amendment is to Table 3-10 of Section 20.40.040 of the Zoning Code.
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Zoning Code Minor Amendments
April 23, 2015
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Single-unit Dwellings Off-street Parking (Item 9 of Exhibit A)
The off-street parking requirement for "single-unit dwellings" with less than four
thousand (4,000) square feet of floor area is based on "habitable floor area" (i.e., areas
for sleeping, living, cooking, or dining purposes), while the off-street parking
requirement for all other dwelling unit types are based on gross floor area. This
inconsistency should be corrected to gross floor area for every type of dwelling unit
This amendment is to Table 3-10 of Section 20.40.040 of the Zoning Code.
ENVIRONMENTAL REVIEW
Staff recommends the Commission find the project is categorically exempt under
Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines -
Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor
alterations in land use limitations in areas with an average slope of less than 20 percent,
which do not result in any changes in land use or density. The properties involved have
an average slope of less than 20 percent and the proposed amendment would not result
in any changes in land use or density. Allowing "vehicle/equipment sales" with the
approval of a conditional use permit in the CG Zoning District does not constitute a
change in land use or density because the CG Zoning District currently allows
"vehicle/equipment rentals' and "vehicle/equipment repair" with the approval of a
conditional use permit; therefore, the characteristics of, and activities associated with,
"vehicle/equipment sales" are equivalent to those of "vehicle/equipment rentals" and
"vehicle/equipment repair," and would not involve a greater level of activity, population
density, intensity, traffic generation, parking, dust, odor, noise, or similar impacts.
PUBLIC NOTICE
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement, consistent with the provisions of the Municipal Code. Additionally, the
item appeared on the agenda for this meeting, which was posted at City Hall and on the
City website.
Prepared by: Submitted by:
Patrick J. Alford, Planning Program *aWisnesl(i, ICP, Deputy Director
Manager
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Zoning Code Minor Amendments
April 23, 2015
Page 5
ATTACHMENTS
PC 1 Draft Resolution
0
Attachment No. PC 1
Draft Resolution
2
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF CODE AMENDMENT NO. CA2015-005
AMENDING TITLE 20 (ZONING CODE) OF THE NEWPORT
BEACH MUNICIPAL CODE TO TO CORRECT UNINTENDED
CHANGES TO ZONING REGULATIONS THAT WERE CREATED
WITH THE COMPREHENSIVE UPDATE IN 2010. (PA2015-056)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On March 24, 2015, the City Council initiated an amendment of the Zoning Code that would
to correct unintended changes to zoning regulations that were created with the
comprehensive update in 2010.
2. A public hearing was held on April 23, 2015, in the Council Chambers at 100 Civic Center
Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in
accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the properties involved have an average slope of less than 20 percent;
and the proposed amendment would not result in any changes in land use or density.
SECTION 3. FINDINGS.
1. The comprehensive update of the Zoning Code in 2010 contained several unintended
changes to zoning regulations.
2. These unintended changes in zoning regulations need to be corrected in order to
appropriately implement the policies of the General Plan and maintain internal
consistency within the Zoning Code.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2015-005 as set forth in Exhibit "A."
9
Planning Commission Resolution No. ####
Page 2 of 4
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF APRIL, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Vice Chair
BY:
Jay Myers, Secretary
10
Planning Commission Resolution No. ####
Page 3 of 4
EXHIBIT A
Code Amendment No. CA2015-005
1. Table 2-5 of Section 20.20.020.A of the Newport Beach Municipal Code is hereby
amended to include the following text changes with all other provisions of Table 2-5 of
Section 20.20.020.A remaining unchanged:
Vehicle/Equipment Sales
General — CUP — —
VGhiGWEqUFPrAGR P P P P P
Salem Office Only
Limited — P — — --
2. Section 20.30.110.D.1.c of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
C. Alleys. No encroachments at the ground level are allowed within the required rear
setback area of a lot abutting an alley. All alley Rear setback areas abutting alleys
shall be kept clear of obstructions.
3. Section 20.30.110.D.2.a of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
a. Accessory structures, including housings for mechanical equipment, not more than
six feet in height and totaling no more than one hundred fifty (150) square feet per
structure, may be located within a required side or rear setback area other than
those rear setback areas abutting ap alleys.
4. Section 20.30.110.D.3.a of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30)
inches into a required front, side, or rear setback area, including required
setbacks above twenty-four (24) feet; provided, that no architectural feature shall
project closer than 10)twenty-four(24) inches from a side property line
and a minimum vertical clearance above grade of at least eight feet is
maintained.
5. Section 20.30.110.D.4.a.ii of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
ii. Side: zero feet, except over doors up to thiFty (30) twenty-four (24) inches from
property line, maximum width shall not exceed the standard width of a door plus
twelve (12) inches.
11
6. Section 20.30.110.D.7.b of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that
are less than nine feet in width may encroach up to thirty (30) inches into a required
side setback area; provided, that the encroachment shall be at least thirty
twenty-four (24) inches from the side property line.
7. 20.30.110.D.10 of the Newport Beach Municipal Code is hereby amended to include the
following text changes:
10. Foundations, Basement Walls, and c..,,etuFal Supports Foundations, basement
Basement walls, and their str4mt, ral P946 (GaiS69RS) that are located
completely below grade may encroach into a required setback area up to twelve
(12) inches .,,aha th8y „ I,.,.Ated at yeast IPWeRty feuF (24) ORGIR86 fFGFR aRy
ane.
8. Table 3-10 of Section 20.40.040 of the Newport Beach Municipal Code is hereby
amended to include the following text changes with all other provisions of Table 3-10 of
Section 20.40.040 remaining unchanged:
The off-street parking requirement for "food service" land uses incorrectly excludes a
portion of the outdoor dining area. Based on the previous Zoning Code, the correct
standard should exclude a portion of the outdoor area based on the amount interior dining
area [Table 3-10 of Section 20.40.040].
1 per 30-50 sq.ft. of net public area,
including outdoor dining areas-,but
exsl�iag-theflfst exceeding 25% of
Food Service with/without alcohol,with/without late hours the interior net public area or 1,000
sq.ft. of eutdeer dining area,
whichever is less. See Section
20.40.060
9. Table 3-10 of Section 20.40.040 of the Newport Beach Municipal Code is hereby
amended to include the following text changes with all other provisions of Table 3-10 of
Section 20.40.040 remaining unchanged:
Single-Unit Dwellings—Detached and less than 4,000 sq. ft. of 2 per unit in a garage
habitable floor area
Changes Proposed by Kim Brandt Planning Commission - April 23, 2015
Item No. 4a: Additional Materials Received
Minor Amend rp?MA i °g or�iI Pgq�&q� gn R�e4W015-056)
Page 3 of 4
EXHIBIT A
Code Amendment No. CA2015-005
1. Table 2-5 of Section 20.20.020.A of the Newport Beach Municipal Code is hereby
amended to include the following text changes with all other provisions of Table 2-5 of
Section 20.20.020.A remaining unchanged:
Vehicle/Equipment Sales
General — cup — —
VGhiGWEqUFPFnGR P P P P P
Sales,Office Only
Limited — P I -- -- I --
2. Section 20.30.110.D.1.c of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
C. Alleys. No encroachments at the ground level are allowed within the required rear
setback area of a lot abutting an alley. All alley Rear setback areas abutting alleys
shall be kept clear of obstructions.
3. Section 20.30.110.D.2.a of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
a. Accessory structures, including housings for mechanical equipment, not more than
six feet in height and totaling no more than one hundred fifty (150) square feet per
structure, may be located within a required side or rear setback area other than
these a rear setback area abutting an alley.
4. Section 20.30.110.D.3.a of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
a. Roof overhangs, brackets, cornices, and eaves may encroach up to thirty (30)
inches into a required front, side, or rear setback area, including required
setbacks above twenty-four (24) feet; provided, that no architectural feature shall
project closer than t#ir4y(30)twenty-four(24) inches from a side property line
and a minimum vertical clearance above grade of at least eight feet is
maintained.
5. Section 20.30.110.D.4.a.ii of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
ii. Side: zero feet, except over doors up to thiFty{30) twenty-four (24) inches from
property line, maximum width shall not exceed the standard width of a door plus
twelve (12) inches.
Changes Proposed by Kim Brandt Planning Commission - April 23, 2015
Item No. 4a: Additional Materials Received
Minor Amendments to Newport Beach Zoning Code (PA2015-056)
6. Section 20.30.110.D.7.b of the Newport Beach Municipal Code is hereby amended to
include the following text changes:
b. Side Setback Area. Fireplaces and chimneys attached to the principal structure that
are less than nine feet in width may encroach up to thirty (30) inches into a required
side setback area; provided, that the encroachment shall be at least thirty
twenty-four (24) inches from the side property line.
7. 20.30.110.D.10 of the Newport Beach Municipal Code is hereby amended to include the
following text changes:
10. Foundations, Basement Walls, and StFlJ .tuFal Supports Foundations, basement
Basement walls, and their stn fi ral P946 (GaiS69RS) that are located
completely below grade may encroach into a required setback area up to twelve
(12) inches .,,aha they „ I,.,.Ated at least +,.,, Rty feuF (24) ORGIR86 fFGFR aRy
amine.
8. Table 3-10 of Section 20.40.040 of the Newport Beach Municipal Code is hereby
amended to include the following text changes with all other provisions of Table 3-10 of
Section 20.40.040 remaining unchanged:
1 per 30-50 sq.ft. of net public area,
L,
including outdoor dining areas-,but
exsludiag the fist exceeding 25%of
Food Service with/without alcohol, with/without late hours the interior net public area or 1,000
sq.ft. of outdoor dining area,
whichever is less. See Section
20.40.060
9.
Single-Unit Dwellings—Detached and less than 4,000 sq. ft. of 2 per unit in a garage
habitable floor area