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HomeMy WebLinkAbout1815 -RECOMMEND ADOPTION OF CA TO UPDATE THE CITY OF NEWPORT BEACH ZONING CODERESOLUTION NO. 1815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION ZONING CODE AMENDMENT NO. CA2009 -001 TO UPDATE THE CITY OF NEWPORT BEACH ZONING CODE (PA2009 -034) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan ( "General Plan Update "). 2. Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan Update was considered to be a "major amendment" due to the resulting increases in density, intensity and traffic. Consistent with City Charter Section 423, the General Plan Update was placed on the ballot for the November 7, 2007, General Election. The electorate approved the increases associated with the General Plan Update. 3. Chapter 13 of the General Plan contains the City's implementation program to carry out the goals and policies of the General Plan. Implementation Program 2.1 calls for a review and amendment of the City's Zoning Code for consistency with the General Plan. 4. City staff has prepared a comprehensive amendment of the Zoning Code ( "Zoning Code Update "), which includes new zoning districts, new use classifications, updated and revised definitions, new and amended development standards, updated Zoning Maps, and modified administrative procedures. The Zoning Code Update is a complete re -write of the City's current zoning regulations. The Zoning Code Update and the proposed zoning districts and regulations reflect the land use designations and policies established by the Land Use Element included in the General Plan Update. 5. Chapter 20.94 of the City's Zoning Code requires the Planning Commission to hold at least one public hearing before making a recommendation on any proposed zoning code amendment to the City Council. 6. The Planning Commission considered the proposed Zoning Code Update including an Initial Study and Negative Declaration and received public testimony during a series of public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July 15, 2010, and July 29, 2010 that were duly noticed as required by California Government Code Section 65091. Planning Commission Resolution No. 1815 Page 2 of 8 SECTION 2. FINDINGS. 1. The General Plan Update, approved by voters in 2006, reflects the community's vision for Newport Beach, and provides policies for realizing this vision. The zoning code is an important tool for implementing land use related policies of the Newport Beach General Plan. 2. The draft Zoning Code Update, including the recommended changes within Exhibit "B ", is consistent with the General Plan Update. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission hereby recommends that the City Council of the City of Newport Beach approve Zoning Code Amendment No. 2009 -001 as shown in Exhibit "A ", and the recommended text and map revisions /changes as shown in Exhibit "B ". PASSED, APPROVED AND ADOPTED THIS 29th DAY OF JULY, 2010. AYES: McDaniel, Peotter, Toerge, and Unsworth NOES: Eaton, Hawkins and Hillgren Earl McDaniel, Chairman BY: % Michas rge, Secretary Tmpil: 04/14/10 Planning Commission Resolution No. 1815 Exhibit "A" Draft Zoning Code — May 2010 (Available separate due to bulk) Tmplt: 04/14/10 Planning Commission Resolution No. 1815 Page 4 of 8 Exhibit "B" Planning Commission Recommended Changes to the Draft Zoning Code dated May 2010 (Includes Maps C1 -C4) 1. Pg. 1 -3, Section 20.10.040.A — revised to read as follows: "A. Compliance required. No structure shall be altered, erected, or reconstructed in any manner, nor shall any structure or land be used for any purpose, other than as allowed by this Zoning Code. The City Council may exempt specific City implemented projects by adopting a resolution at a noticed public hearing upon setting forth the specific Code provisions that would apply in the absence of the exemption. 2. Pg. 2-4, Section 20.16.030 — add reference to Zoning Clearance section (20.52.100) and Site Development Review (20.52.080). 3. Pg. 2 -12, Section 20.18.030, Table 2 -3 — revise the minimum lot size in the R -BI zoning district from 5,000 square feet to 2,375 square feet. 4. Pg, 2 -12, Section 20.18.030, Table 2 -3 - under Floor Area Limit for R -BI add footnote similar to (4) on pg. 2 -16 explaining floor area limit and buildable area; also add a similar footnote for Corona Del Mar (as depicted on Area Map A-4). 5. Pg. 2 -21, Section 20.20.20, Table 2-4 - Convalescent Facility (Land Use): Prohibit in OG zoning district (p. 2 -21). 6. Pg 2 -21, Section 20.20.020 - add Emergency Shelters permitted by right to OA zoning district under service uses. 7. Page 2 -21, Table 2-4 and other applicable tables - for consistency change all references to "Emergency Health Facilities" to "Emergency Health Facilities /Urgent Care ". 8. Page 2 -22, Table 2 -4 - add "lounge" to "smoking" under Service Uses — General. 9. Pg. 2 -34, Section 20.22.020, Table 2 -8 Marina Support Facilities — add they are permitted with an MUP in the MU -MM and MU -CV zoning districts. 10. Pg. 2 -57, Section 20.28.040 (Bluff Overlay District) - delete all references to Canyon Overlay District here and throughout entire code. 11. Pg. 2 -59, Section 20.28.040D.4.a.1. — revise the limit of Area A to be the 50 -foot contour line rather that the 35- foot contour line. 12. Pg. 2 -61, Section 20.28.040 D 4 — revise as follows to be consistent with Bluff Overlay Map B -6: "(2) Development Area B. Between the 48 -foot contour line and the 33 -foot contour line.' Tmplt: 04114110 Planning Commission Resolution No. 1815 Paqe 5 of 8 (3) Development Area C. All portions of the lot not located in Area A or B. (4) Additional Development standards. No fences or walls in Area C." 13. Pg, 3 -8, Section 20.30.040 C - add "4" to allow residential uses adjacent to commercial uses or commercial alleys to have the ability to have walls /hedges up to 8' in height in required side yards for buffering and /or sound attenuation. 14. Pg. 3 -14, Section20.30.060B.4. — delete entire section (setback plane requirement). 15. Pg. 4 -7 Section 20.48.030 C.3. - add "e ", an additional item for consideration, indicating that the proposed amendment will be reviewed to determine if it will resolve any current objectionable conditions. 16. Pg. 4 -7, Section 20.48.030 CA.d. — strike "lapse" and insert "expire ". 17. Pg. 4 -16, Section 20.48.090 D. — indicate that this section applies to all Eating and Drinking, including Late Hours. 18. Pg. 4 -17, Section20.48.090 F.2 — in the first sentence add "including bars, lounges and nightclubs ". 19. Pg. 4 -22, Section 20.48.130 E — revise reference to "Chapter 10" to reference "Title 10 of the Municipal Code, as may be amended form time to time ". 20. Pg. 4 -29, Eliminate draft Section 20.48.180.D entirely. 21. Pg. 4 -35, Section 20.48.210 — add entry for fuel tank vents and require that they be located at the rear of the property or other inconspicuous location and screened from public view. 22. Pg. 5 -21, Section 20.52.050 B.1.a — delete "solar equipment ". 23. Pg. 5 -33, Section 20.52.080, Table 5 -2 — delete reference to Canyon Overlay District. 24, Section 20.70.020 — Add the following two definitions: Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, as defined by Section 53260(d) of the California Health and Safety Code, and that is linked to onsite or offsite services that assist the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when possible, to work in the community. Supportive housing that is provided in "Single -, Two- , or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home "Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or prohibited in the same manner as the other "Single -, Two- or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential Care Facilities ", or "Boarding House" uses under this Code. Tmplt: 04/14110 Planning Commission Resolution No. 1815 Pape 6 of 8 Transitional Housing. Rental housing operating under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient program at some predetermined future point in time, which shall be no less than six months. Transitional housing that is provided in "Single -, Two -or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or prohibited in the same manner as the other "Single -, Two -, or Multi - Family Dwelling Units ", "Group Residential ", "Parolee- Probationer Home ", "Residential Care Facilities ", or "Boarding House" uses under this Code. 25. Pg. 7 -14, Section 20.70.020, Congregate Care Home (Land Use) - Identify as a "land use ". Add to use tables as allowed with a MUP or CUP in the PI zoning district (pg. 2 -53, Table 2 -14). 26. Pg. 7 -22, Section 20.70.020, definition of "Floor Area Ratio (FAR) ", change word "net" to "gross" where it appears. 27. Pg. 7-43, Section 20.70.020 "Review Authority" definition - Add "City Traffic Engineer" and "Public Works Director" to the list of review authorities within the second sentence. 28. Pg. 3 -63, Section 20.38.040D. Nonconforming Structures — Foundation Alterations. Revise subsection to allow foundation modification, retrofitting and replacement, when necessary and in conjunction with additions allowed pursuant to subsections 20.38.040G and 20.38.060A of the Nonconforming Uses and Structures Chapter. 29. Tables 2 -2 and 2 -3 Section 20.18.030. Revise footnote (2) as follows: "Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in Table 2 -2 in compliance with the provisions of Municipal Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA)." 30. Revise Zoning Map. Change the zoning district from PC -25 to Public Facilities for the Newport-Mesa School District Site. (Map C -1) 31. Revise Setback Map S' -10A Corona del Mar. Add call -out to map in order to clarify front setbacks on Pacific Drive. (Map C -2) 32. Add Setback Map S -11 D Harbor View Hills /Spyglass. Additional map is needed to depict appropriate front and rear setbacks. (Map C -3) 33. Add Setback Map S -14 Granville Drive. Additional map is needed to depict setbacks along Granville Drive. (Map C -4) Tmplt: 04114/10 Planning Commission Resolution No. 1815 Page 7 of 8 34. Pg. 4 -21, Section 20.48.130.H is revised to read as follows: "H. Notification to owners and tenants. Project applicants shall prepare a written disclosure statement prior to sale, lease, or rental of a residential unit in a mixed use project or located within a mixed use zoning district. The disclosure statement shall indicate that the occupants will be living in an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment and potential impacts based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. The Project applicant shall covenant to include within all deeds, leases or contracts conveying any interest in a residential unit in a mixed use project or located within a mixed use zoning district (1) the disclosure and notification requirement stated herein; (2) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (3) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach." 35. Pg. 2 -20, Table 2-4, add a footnote to Assembly /Meeting Facilities (Less than 5,000 sq. ft.) to read, "Religious assembly may be larger than 5,000 sq. ft. ". Pg. 2 -23, Table 2 -5, strike, "(above 151 floor only)" from Assembly /Meeting Facilities. Pg. 2 -32, Table 2 -8, strike, "- located only above 151 floor" from Assembly /Meeting Facilities. Pg. 2 -36, Table 2 -9, add a footnote to Assembly /Meeting Facilities Small - 5,000 sq. ft. or less" to read, "Religious assembly may be larger than 5,000 sq. ft. ". 36. Pg. 4 -29, Section 20.48.180 C.2. to be amended as follows, "Location of third floor structure. Enclosed square footage located on the third floor of above 24 feet iR height shall be set back a minimum of 15 feet from the front and rear setback lines and for lots greater than 30' wide a minimum of 2 feet from each side setback line, including bay windows." 37. Pg. 3 -15, Section 20.30.060 C.2.c and Section 20.30.060 C.2.d insert, "and mixed -use structures" in the title and first sentence after the word "nonresidential ". 38. Page 3 -16, Section 20.30.060 C.3.a insert, "but not limited to" after the words, "Examples of project amenities include ". 39. Pg. 7 -18, Definition of Dwelling Unit, Senior Accessory, change, "60 years of age" to "55 years of age ". 40. Pg. 3 -78, Table 3 -10 Off - Street Parking Requirements, Offices — Business, Corporate, General, Governmental: change "Up to 50,000 sq. ft." to "First 50,000 sq. ft. "; change "50,001 to 125,000 sq. ft." to "Next 75,000 sq. ft. "; change "125,001 sq. ft. and greater" to "Floor area above 125,000 sq. ft." 41. Add necessary provisions to enact existing floor area limits that are applicable to R -1 and R -2 zones as currently defined and established. Tmplt: 04/14110 Planning Commission Resolution No. 1815 Page 8 of 8 41. Add necessary provisions to enact existing floor area limits that are applicable to R -1 and R -2 zones as currently defined and established. 42. Add a basement area limit such that finished basements shall be no larger in area than the buildable area, as defined, and exclude basement area from floor area limit standards. 43. Add the following open air space requirement that would apply to all R -1 zones within Old Corona del Mar, West Newport, and the Balboa Peninsula and all R -2 zones citywide. Open air space shall be provided in addition to the required setback areas and shall be a minimum volume equal to the buildable width of the lot, times the 24 -foot flat roof height limit, times 6 feet. This volume shall be provided anywhere on the lot behind required setback lines and below the 24 feet from grade. The volume may be provided on any level or combination of levels and may extend across the entire structure of any portion thereof. The volume shall be open on at least 2 sides and shall have a minimum dimension in all directions of at least 6 feet, except as indicated in this section, and may be used for outdoor living area. Open air space volume with a dimension of less than 6 feet in any direction may be used to satisfy the minimum volume requirement, provided that said volume is contiguous to required open air space volume that provides a minimum 6 foot dimension in all directions. Roofs, balconies, decks or patios with open railings, cornices, exterior stairways with open risers and open railings, and architectural features may project into open air spaces. 44. Add the following guideline that would be applicable to any new or renovated single -unit or two -unit residential building. Single -unit and two -unit residential buildings shall be designed to sustain a high level of architectural design quality and shall provide modulation of building masses, and architectural treatment of all elevations visible from public places. 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