HomeMy WebLinkAbout1981 - ZONING CODE CLEANUP - 1 Citywide Project RESOLUTION NO. 1981
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 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. 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.
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.
Planning Commission Resolution No. 1981
Page 2 of 4
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."
PASSED, APPROVED AND ADOPTED THIS 23"' DAY OF APRIL, 2015.
AYES: BROWN, HILLGREN, KRAMER, LAWLER AND TUCKER
NOES: NONE
ABSTAIN: NONE
ABSENT: KOETTING AND MYERS
BY: J
Larry Tucker, Chairman
BY:
Jay yer , cre ry
Planning Commission Resolution No. 1981
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/E ui ment Sales
General --- CUP --- --- ---
Sales
Office'` � Only` P P P P P
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 alle 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 third
floor front or rear setbacks; provided, that no architectural feature shall project
closer than thirty (30twenty-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 thirty (30; twenty -f�(24) inches from
property line, maximum width shall not exceed the standard width of a door plus
twelve (12) inches.
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 (30)
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 StFUGtural SuppeFts. Fe ur,datiORS basemen
Basement walls, and their S+r ^+ r^' supports r GR6 that are located
completely below grade may encroach into a required setback area up to twelve
(12) inches, provided they are !ocuted at least t`..,en+„_aeur (on) inches frern any
PPOr,eFs *ne.
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,
including outdoor dining areas,but-excluding
Food Service with/without alcohol, with/without late hours the-first exceeding 25% of the interior net
public area or 1,000 sq.ft.efeutdoor dining
area, 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
habitable floor area