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HomeMy WebLinkAbout32 - PA2003-080 - Modification PermitsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT City Council Item No. 32 June 24, 2003 TO: . HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Chandra Slaven, Assistant Planner (949) 644 -3231 cslaven @city.newport- beach. ca. us SUBJECT: Zoning Code Amendment Initiation — Amend Chapter 20.93 (Modification Permits) to reflect City Council guidance (PA2003 -080) ISSUE: Initiation of an amendment to Title 20 of the Newport Beach Municipal Code that would amend Chapter 20.93 (Modification Permits) with two objectives: 1) Revise the required findings referenced in Section 20.93.040; and 2) re -adopt the 300 -foot radius for public notice referenced in Section 20.93.030. RECOMMENDATION: Adopt resolution of intent DISCUSSION: troduction During the April 22, 2003 City Council study session on the modification process, discussion centered on the question of whether too much latitude is given in the processing of modification permits. The current code requires one finding to be made in approving a Modification, Permit, which is summed up as follows: "the proposed project will not be detrimental to the surrounding area." City Council members then provided staff with their feedback on the issues of concern regarding the Modification Permit standards of review. The feedback focused primarily on two features of the Modification Permit standards of review. First, some of the concerns expressed by Council members were that Modification Permits are slowly re- shaping the character of neighborhoods and that setbacks are sometimes reduced or eliminated without due regard to maintaining adequate public safety access. The City's development standards were established to maintain particular development patterns while protecting the public's health, safety and welfare. Some Council members believe these standards are being abused when applicants take advantage of the somewhat lenient nature of the Modification Permit requirements by requesting relief from the City's development regulations although a hardship does not exist. Secondly, several Council members agreed the public noticing requirement for Modification Permits should be expanded from the current standard of noticing all property owners within 100 feet of the subject property to a 300 -foot radius, thereby affording the same,radius as all other discretionary permits for the City. Revision to Required Finding: To address the concerns expressed by the City Council, staff proposed that new findings be required that address issues of neighborhood compatibility, public safety, and the need to demonstrate that a modification is necessary to resolve a minor property development problem. Staff believes the following draft findings will address the City Council's concerns and would result in improved standards of review. It is important to recognize the following findings are preliminary in nature and the exact wordings can be revised through the code amendment process. 1. Practical Difficulties and Unnecessary Hardships Finding: The granting of the application is necessary due to the actual presence of practical difficulties where the strict application of the Zoning Code results in unnecessary hardships that are inconsistent with the purpose and intent of the Zoning Code. 2. Neighborhood Compatibility and Preservation Finding: The granting of the application is compatible with the surrounding neighborhood and would not impair the character of the neighborhood in which it is located. 3. Public Safety Finding: The granting of such an application will not, under the circumstances of the particular case, adversely affect the health or safety of persons residing or working in the neighborhood of the property and will not under the circumstances of the particular case be detrimental to the general welfare or injurious to property or improvements in the neighborhood. Intent of the Proposed Draft Findings: The intent of the draft findings is consistent with the original intent of providing relief when the strict literal interpretation and enforcement of property development regulations would be inconsistent with the general purpose of Zoning Code. The first two findings are relatively innovative for the City's regulatory framework and would provide a fresh perspective to the standards of review. The last draft finding contains a public health, Code Amendment Initiation of Chapter 20.93 (PA2003 -080) June 24, 2003 Page 2 of 5 safety and general welfare provisions that are similar to those required to approve a Variance or Use Permit. The practical difficulty finding addresses the Council's concern of abuse of the City's development standards pertaining to setback limitations and building design /configuration. With this finding, the applicant would be required to clearly demonstrate a "need" to deviate from the Code. Specifically, the applicant would need to show the modification is necessary due to physical limitations present on a particular property as opposed to simply wanting the modification to accommodate a particular design. This finding may have the effect of decreasing the number of applications as many past applications. have not been based upon a physical constraint. In considering the presence of a practical difficulty, the Modification Committee may consider the following: Practical difficulties are generally referred to as some physical aspect of the property and /or location of existing structures that do not generally apply to other properties in the immediate vicinity, neighborhood or the City at large. For example, the lot size, shape or orientation relevant to other lots may make the application of standard setbacks impractical. Another example may be where the height of the fence goes over the maximum height for fences due to topography, i.e. grade changes between properties. Staff believes the neighborhood compatibility finding is beneficial because it addresses the City's Council's concern of neighborhood character preservation. Although subjective, this finding could be used to deny applications that, while not detrimental to the surrounding areas, are clearly not consistent with the neighborhood character. The finding will also require a greater scope of review authority for the three - person Modification Committee, as well as both the Planning Commission and City Council, in determining what actually substantiates neighborhood compatibility and integrity. In addressing the issue of neighborhood compatibility and character, the Modification Committee may consider those physical characteristics of the neighborhood that make it an attractive living or working environment. These typically include characteristics such as the scale, height, bulk, or mass of adjacent structures. Building location and orientation are also characteristics that could be considered. However, the Modification Committee would only consider such characteristics as they relate to direct impact of the proposed modification on the neighborhood's character. This finding is not intended to deny an applicant development rights that he /she would otherwise enjoy without the modification. The public safety finding is valuable because it addresses the City Council's concern of Modification Permits creating impediments to both safety personnel. Additionally, the finding is consistent with the existing Modification Permit's sole finding of ensuring a project does not cause harm to adjacent property. In conclusion, the three draft findings would place additional considerations within the standards of review for a project and provide clearer direction to the Modifications Committee, and other bodies who have jurisdiction over the Modification process. Code Amendment Initiation of Chapter 20.93 (PA2003 -080) June 24. 2003 Page 3 of 5 Consequently, these findings should provide favorable results that will be visible to the public. Together the findings will encourage applicants to design their projects to meet the established regulations within the Code as opposed to a design that may be approved through a Modification Permit. Re- adoption of 300 -foot Radius for Public Notification: According to Government California Code, Section 65091, the public notice radius for all properties must be within 300 feet of the exterior boundary of the property; however the City of Newport Beach is a Charter City, thereby allowing the City to establish its own radius parameters for public noticing. The City Council has indicated a desire to change the public notice radius from its current 100 feet to an expanded 300 -foot radius to provide greater opportunity for public input. It should be noted that the required notice text in Chapter 20.93 currently reads 300 feet. This was an inadvertent change that occurred through the adoption of a series of minor amendments associated with the Subdivision Code update. Staff recognized this as a scriveners error and continued to require a 100 -foot radius for public notices. With the proposed code amendment to the Modification Permit standards, the text will be re- adopted so that all future Modification Permits will utilize the 300 -foot radius standard when notifying the public. Environmental Review: A request to initiate a Zoning Code Amendment is considered a feasibility or planning study by staff, which is statutorily exempt pursuant to Section 15262 of the Implementing Guidelines for the California Environmental Quality Act. Public Notice: Notice is not required for a request to initiate a Zoning Code Amendment. Should the resolution of intent be approved by the City Council, the amendment will require noticed public hearings at the Planning Commission and City Council. Prepared by: Chandra Slaven Assistant Planner Attachments: Submitted by: Patricia L. Temple Planning Director Code Amendment Initiation of Chapter 20.93 (PA2003 -080) June 24, 2003 Page 4 of 5 A. Resolution of intent Code Amendment Initiation of Chapter 20.93 (PA2003 -080) June 24, 2003 Page 5 of 5 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO AMEND CHAPTER 20.93 TO- REVISE THE MODIFICATION COMMITTEE'S REQUIRED FINDINGS TO RE -ADOPT THE 300 -FOOT PUBLIC NOTICE RADIUS. WHEREAS, Title 20 of the Newport Beach Municipal Code authorizes the City Council to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach; and WHEREAS, the City Council intends to initiate an amendment to revise Title 20 of the Newport Beach Municipal Code to amend Chapter 20.93 to revise the Modification Committee's required findings and to re -adopt the 300 -foot public notice radius. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach to initiate an amendment to Title 20 of the Newport Beach Municipal Code to amend Chapter 20.93 to revise the Modification Committee's required findings and to re -adopt the 300 -foot public notice radius. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on June 24, 2003, by the following vote, to wit: 1 ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS 2 MAYOR • As a result of ongoing logistical challenges due to the construction in the Balboa Village, the BID will not be able to organize regular fundraising special events to supplement the budget and support the merchants of the Balboa Village (i.e.: PT Cruiser Car Show, Concerts in the Park, etc.) In an effort to address the economic challenges that lie ahead, the Balboa Village BID has enclosed a proposed a two -year Construction Mitigation Marketing and Special Event Budget Proposal. This special fund request is to be used each year for execution of strategic Construction Mitigation Marketing Programs as outlined in the FY Marketing Plan of Work to support the merchants of the Balboa Village during the phase -three construction period and the year immediately following completion of the Balboa Village Revitalization Plan to aggressively market the destination to the local drive and tourism markets. • This temporary request includes an additional city matching funds allocation amount of $10,000 in FY 2003 -2004 and $10,000 for FY 2004 -2005. • This request also includes an additional func $10,000 for FY 2004 -2005 specifically for the Event. allocation amount of $5,000 in FY 2003 -2004 and production of the Balboa Village Salute to Summer The construction mitigation marketing and special events budget request proposal and Balboa Village BID FY 2003 -2004 Marketing Plan of Work and Budget are enclosed for your review and thoughtful consideration. Thank you in advance for supporting the marketing efforts of the Balboa Village BID and the economic development of the City of Newport Beach. Respectfully Submitted by: Gay Wassail — Kelly Chairperson Balboa Village Business Improvement District Cc: Honoray May Steve Bromberg Newport Beach City Council Newport Beach City Manager Balboa Village Business Improvement District Balboa Ville Business Improvement District Construction Mitigation — Marketing & Special Event Budget Reguest Two -Year City Matching Funds Proposal: FY 2003.2004 Supplemental Working Budget: $25K (Matching Funds: $10K City of Newport and BV BID) Additional Budget Request Amount Requested City of Newport Beach Additional Fund Contribution $10,000.00 Balboa Village BID - Matching Fund Contribution $10,000.00 City of Newport Beach Additional Fund Contribution $ 5,000.00 Balboa Village Salute To Summer Event *Balboa Village BID FY 2003 -2004 Proposed Marketing Plan of Work and Budget Attached Two -Year City Matching Funds Proposal: FY 2004.2005 Approximate Working Budget: $25K (Matching Funds: $10K City of Newport and BV BID) Additional Budget Request Amount Requested City of Newport Beach Additional Fund Contribution $10,000.00 Balboa Village BID — Matching Fund Contribution $10,000.00 City of Newport Beach Additional Fund Contribution $ 5,000.00 Balboa Village Salute To Summer Event .- 'A (AIIEORNIA MARKETING CONCEPTS Balboa Village Business Improvement District FY 2003 -2004 Proposed Marketing & Special Event Budget Year -One: Special Budget allocation Proposal FY 2003 -2004 YEAR ONE APPROxIMATE WORKING BUDGET: Projected Working Budget for BV BID $10,000.00 Matching Fund Proposal CITY OF NEWPORT BEACH PROPOSED ADDITIOANL BUDGET FUNDS: Construction Mitigation Marketing Programs $10,000.00 Second Annual Salute To Summer Event $ 5,000.00 Approximate Working Budget: $25K Additional Budget Allocation Amount Budgeted Balboa Village Marketing Collateral Production —Balboa village Brochure $7,500.00 (4) Color high -gloss destination promotional brochure (non - advertising) To include: merchant directory and coupon promotion section Design, Production, and Photography - Print: 50,000 (Tri-Fold Brochure w/ Matching Inserts) Brochure Distribution Plan $2,000.00 Certified Folder Display & Various Targeted Outlets Media Advertising Campaign Media Buys — Tourism & Local Market $7,500.00 NBCVB, OCACVB & Daily Pilot Community Outreach Program Memberships - NBCVB & AOCVCB $1,000.00 Website Development & Maintenance Monthly Hosting & Maintenance $1,500.00 Public Relations Programs & Newsletter $ 500.00 Babloa Village Salute To Summer Event $ 5,000.00 Misc. Special Event Coordination Entertainment & Promotion Total Budget Allocated $25,000.00 (ALITORNIA MARKETING (ONEEPTS Proposed Marketing Plan of Work & Budget Balboa Village Business Improvement District FY 2003 -2004 Marketing Strategy The following comprehensive Marketing Plan of Work is between California Marketing Concepts (CMC) and the Balboa Merchant and Owner's Association (BMOA) for the FY 2003 2004. The marketing strategy focuses on the promotion of the Balboa Village to support economic development during the final construction phase of The Balboa Village Revitalization Plan. CMC is to direct and execute the comprehensive Marketing Plan of Work for the Balboa Merchant and Owner's Association to include, but not be limited to the following areas: Marketing Collateral & Creative Development Develop Balboa Village Brochure & Merchant Directory • Produce Balboa Village rack brochure to include a merchant directory • Brochure creative to be created in conjunction with BMOA identity • Brochure to include merchant coupon program • Cross promote BMOA website and Beautification Plan Balboa Village Brochure Distribution Plan • Anaheim Convention & Visitor's Bureau • Balboa Community& Homeowner's Association Groups • Local Hotel Concierge and Sales Calls • Merchant Distribution of Brochures • NBCVB Inquiry Fulfillment and Distribution Assistance • Advertising Campaigns & Website Fulfillment Media Advertising Campaigns Creative Development • CMC to direct advertising creative campaign design and concepts of BMOA Ads • Design, create and implement uniform creative in conjunction BMOA identity in media advertising campaigns