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HomeMy WebLinkAboutPC_Resolution_PC2019-033_Code_AmendmentRESOLUTION NO. PC2019-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-006 TO AMEND TITLE 15 (BUILDING AND CONSTRUCTION) AND TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO COTTAGE PRESERVATION (PA2019-181) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An amendment to Title 15 (Building and Construction) and Title 20 (Planning and Zoning) ("Code Amendment") of the City of Newport Beach Municipal Code ("NBMC") is necessary to incentivize the preservation of cottages. 2. A public hearing was held by the Planning Commission on October 17, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. 3. At the conclusion of the October 17, 2019, hearing, the Planning Commission voted to continue the item to allow staff additional time to revise certain aspects of the amendments. Requested changes included clarifying the applicability, prohibiting short- term rentals, and reducing the amount of expansion permitted. 4. A public hearing was held by the Planning Commission on November 21, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendment itself does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. Planning Commission Resolution No. PC2019-033 Page 2 of 6 1. Currently, Section 102. 7 (Remodel or renovation) of Section 15.02.060 of the NBMC requires a dwelling to be subject to building code regulations as a new structure when the valuation of the permit for a remodel or renovation exceeds fifty (50) percent of the market value of the dwelling. As a result of this fifty (50) percent valuation threshold, many small remodel and residential addition projects require substantial improvements to comply with building code regulations as new construction. Due to this increased scope of work and costs, many property owners decide that it is not financially feasible to maintain their existing residential cottages and decide to demolish these cottages. The current redevelopment trend is to reconstruct new single-or two-family dwellings that maximize the building envelope, including three-level development, to realize the maximum return on investment. 2. Authorizing the amendment to Title 15 (Building and Construction) of the NBMC would incentive the preservation of cottages by removing the valuation threshold requiring building code compliance as new construction and allowing reasonable size additions to existing residential developments that preserve their cottage character and building envelope. 3. Authorizing the amendment to Title 20 (Planning and Zoning) of the NBMC would incentivize the preservation of cottages by increasing the percentage of an allowed addition to a nonconforming residential structure thereby eliminating a design constraint that has resulted in property owners choosing to demolish older cottages and redevelop the site with new, larger, three-level homes that maximize the allowable building envelope. 4. An amendment to Title 21 and the Local Coastal Program ("LCP") to incentivize the preservation of cottages ("LCP Amendments") is also proposed for properties located in the coastal zone. The Code Amendment shall not become effective for projects located in the coastal zone until approval of the LCP Amendments by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the proposed code amendments are not a projects subject to CEQA pursuant to Section 21065 of Public Resources Code and the CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The proposed action is also statutorily exempt pursuant to CEQA Guidelines Section 15061 (b)(3) because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2019-006 as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED THIS 21ST DAY OF NOVEMBER, 2019. Planning Commission Resolution No. PC2019-033 Page 3 of 6 A YES: Klaustermeier, Koetting , Lowrey, Rosene , and Weigand NOES: Kleiman ABSTAIN: None ABSENT: Ellmore Lee Lowrey 7 refary Planning Commission Resolution No. PC2019-033 Page 4 of 6 EXHIBIT "A" Proposed Code Amendment No. CA2019-006 Related to Cottage Preservation Section 1: Amend Section 102.7 (Remodel or renovation) of Section15.02.060 of the Newport Beach Municipal Code as follows: 15.02.060 Added to Section 102.7. Section 102.7 is added to read as follows: Section 102. 7 Remodel or renovation. If the valuation of the permit for the remodel or renovation of a building is equal to or exceeds 50 percent of the market value of such building, then the entire building shall comply with the Code provisions for new construction. Exceptions: 1. This provision does not apply for permit valuations less than $220,700; 2. This provision does not apply to projects meeting the criteria for cottage preservation pursuant to Section 20.38.060(A)(3) and not located in a Special Flood Hazard Area per the latest revision of the Federal Insurance Rate Map. 3. The Chief Building Official is authorized to accept less than the requirements for new construction if substantial conformance to the requirements is found and the protection of life and property are maintained. Section 2: Amend Section 20.38.060 (Nonconforming Parking) of Title 2 (Planning and Zoning) of the Newport Beach Municipal to read as follows: 20.38.0~0 Nonconforming Par~ing: A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the off-street parking requirements of this Zoning Code, only the following alterations may be allowed: 1. Number of Spaces. A residential development having less than the required number of parking spaces per dwelling unit shall be allowed the following repairs, alterations, and additions: Planning Commission Resolution No. PC2019-033 Page 5 of 6 a. Repair and maintenance, interior alterations, and structural alterations, as provided for in Section 20.38.040(A) through (F); and b. Additions up to a maximum of ten (10) percent of the existing floor area of the structure within a ten (10) year period as provided in Section 20.38.040(G). 2. Dimensions or Type of Parking Spaces. Residential developments that are nonconforming because they do not have the required type of covered or enclosed parking spaces or because amendments to this Zoning Code have changed the dimensions of required parking spaces subsequent to the original construction of the structure may be altered or expanded as follows: a. All improvements and expansions allowed under subsection (A)(1) of this section; b. Additions larger than those allowed under subsection (A)(1) of this section may be allowed subject to the approval of a modification permit in compliance with Section 20.52.050 (Modification Permits). 3. Exception for Cottage Preservation. Notwithstanding the provisions of subsections (A)(1)(b) and (A)(2)(b) of this section, additions of up to fifty (50) percent of the existing floor area of the structure, but no more than 500 square feet, are permitted for projects that remodel and expand a residential dwelling, duplex, or triplex that comply with the following criteria: a. The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the zoning district; b. The addition shall comply with all applicable development standards and use regulations of this Zoning Code; c. The square footage of residential parking area additions identified below shall be excluded from the allowed expansion under subsection (A)(3), but shall be included as gross floor area; Planning Commission Resolution No. PC2019-033 Page 6 of 6 Required Maximum Excluded Parking Area One-car garage 200 square feet, maximum Two-car garage 400 square feet, maximum Three-car 600 square feet, garage maximum d. The height of the resulting structure shall not exceed the following, regardless of roof pitch: i. Front half of lot: one story and 16 feet; and ii. Rear half of lot: two stories and 24 feet. e. The residential structure shall not include a third floor deck; f. Dwellings within the residential development shall not be rented for periods of less than thirty (30) days; and g. Deed Restriction and Recordation Required. Prior to the issuance of a building permit for a cottage preservation project, the property owner shall record a deed restriction with the County Recorder's Office, the form and content of which is satisfactory to the City Attorney, agreeing to maintain the property consistent with the limitations specified above for cottage preservation and the restrictions on short-term lodging. The deed restriction document shall notify future owners of the restriction. This deed restriction shall remain in effect so long as the cottage preservation project exists on the property.