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Home My WebLink About2015-15 - Approving an Amendment to Title 20 (Zoning Code) o0f the Newport Beach Municipal Code to Correct Unintended Changes to Zoning Regulations that were Created with the Comprehensive Update in 2010 (PA2015-056)ORDINANCE NO. 2015 -15 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 20 (ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE TO CORRECT UNINTENDED CHANGES TO ZONING REGULATIONS THAT WERE CREATED WITH THE COMPREHENSIVE UPDATE IN 2010 (PA2015 -056) WHEREAS, in 2010 the City Council of the City of Newport Beach ( "City') adopted a comprehensive update to the City's Zoning Code as codified in Newport Beach Municipal Code Title 20; WHEREAS, following the adoption of the comprehensive update staff has discovered a limited number of unintended changes that were inadvertently included in the Zoning Code; WHEREAS, these unintended changes in zoning regulations require correction to appropriately implement the policies of the General Plan and maintain internal consistency within the Zoning Code; WHEREAS, on March 24, 2015, the City Council initiated an amendment of the Zoning Code to correct unintended changes to zoning regulations that were created with the comprehensive update in 2010; WHEREAS, the Planning Commission held a public hearing on April 23, 2015, in the Council Chambers located 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 public hearing. The Planning Commission voted to recommend the City Council adopt the recommended amendments to Newport Beach Municipal Code Title 20; and WHEREAS, the City Council held a public hearing on May 26, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. 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 City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby ordain as follows: Section 1: Table 2 -5 of Newport Beach Municipal Code Subsection 20.20.020(A) is hereby amended, in part, to read as follows: Ordinance No. 2015 -15 Page 2 of 4 Land Use See Part 7 of this title for Specific land use definitions. See cc CG CM CN CV Use Chapter 20.12 for Regulations unlisted land uses. Vehicle /Equipment Sales General — CUP Office Only d P P i P P P Limited - -- P - -- - -- - -- Section 2: Newport Beach Municipal Code Subsection 20.30.110(D)(1)(c) is hereby amended to read as follows: C. Alleys. No encroachments at the ground level are allowed within the required rear setback area of a lot abutting an alley. Rear setback areas abutting alleys shall be kept clear of obstructions. Section 3: Newport Beach Municipal Code Subsection 20.30.110(D)(2)(a) is hereby amended to read as follows: 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 a rear setback area abutting an alley. Section 4: Newport Beach Municipal Code Subsection 20.30.110(D)(3)(a) is hereby amended to read as follows: 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 third floor front or rear setbacks; provided, that no architectural feature shall project closer than twenty -four (24) inches from a side property line and a minimum vertical clearance of at least eight feet above grade is maintained. Section 5: Newport Beach Municipal Code Subsection 20.30.110(D)(4)(a)(ii) is hereby amended to read as follows: ii. Side: Zero feet, except over doors up to twenty -four (24) inches from property line, maximum width shall not exceed the standard width of a door plus twelve (12) inches. Section 6: Newport Beach Municipal Code Subsection 20.30.110(D)(7)(b) is hereby amended to read as follows: 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 twenty -four (24) inches from the side property line. Ordinance No. 2015 -15 Page 3 of 4 Section 7: Newport Beach Municipal Code Subsection 20.30.110(D)(10) is hereby amended to read as follows: 10. Basement Walls. Basement walls that are located completely below grade may encroach into a required setback area up to twelve (12) inches. Section 8: Table 3 -10 of Newport Beach Municipal Code Section 20.40.040 is hereby amended, in part, to read as follows: Land Use Parking Spaces Required 1 per 30-50 sq. ft. of net public area, including outdoor dining areas exceeding Food Service with /without alcohol, with /without late hours 25% of the interior net public area or 1,000 sq. ft., whichever is less. See Section 20.40.060 Single -Unit Dwellings— Detached and less than 4,000 sq. ft. of 2 per unit in a garage floor area Section 9: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. Section 10: This 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. 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. Additionally, the City Council finds the approval of this ordinance is not subject to the CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The City Council also finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 11: Except as expressly modified in this ordinance, all other sections, subsections, tables, sentences, terms, clauses and phrases set forth in the City's Zoning Code shall remain unchanged and shall be in full force and effect. Ordinance No. 2015 -15 Page 4 of 4 Section 12: If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 13: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. Pursuant to Newport Beach Municipal Code Section 20.66.070 this ordinance shall be effective thirty (30) days after its approval. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 26th day of May, 2015, and adopted at a regular meeting of the City Council of Newport Beach, held on the 9t' day of June, 2015, by the following vote, to wit: AYES, COUNCILMEMBERS PeottPr, rurrrrv, DuffiPld Muldoon, Dixon, Mayor Selich NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS Petros ATTEST: L U- )' bm, LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY T.TORNY'S OFFICE (r") AARON C. HARP, CITY ATTORNEY ' EDWARD D. SELICH, MAYOR STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2015-15 was duly and regularly introduced on the 26t" day of May, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the gt" day of June, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None ABSENT: Council Member Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of June, 2015. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015-15 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 newspaper of general circulation on the following dates: Introduced Ordinance: May 30, 2015 Adopted Ordinance: June 13, 2015 In witness whereof, I have hereunto subscribed my name this � day of , 2015. i Am- - qxk"- City Clerk City of Newport Beach, California (Seal)