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HomeMy WebLinkAbout1965 - Nonconforming Structures Code Amendment - 1 Citywide Project RESOLUTION NO. 1965 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO. CA2014-004 AMENDING SECTION 20.38.040 (NONCONFORMING STRUCTURES) REVISING THE AMOUNT OF ADDITION ALLOWED TO NONCONFORMING STRUCTURES (PA2014-083) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. In August 2013, the Planning Commission denied a variance request to retain an existing nonconforming structure while adding nearly 100 percent of the existing square footage whereby the Zoning Code limits such additions to 50 percent. 2. An appeal was filed by the applicant on the basis that the allowed addition is hindered by the size of the existing smaller structure on the property when compared to other nonconforming properties that may already be developed with larger structures and can add more square footage by right. 3. In February 2014, the City Council heard the appeal and continued the matter indefinitely, but directed staff to review Zoning Code Section 20.38.040 (Nonconforming Structures) as it relates to smaller structures. 4. On August 21, 2014, the Planning Commission reviewed the item in study session and discussed potential changes. 5. On October 23, 2014, the Planning Commission held a public hearing to discuss the potential changes in more detail with further examples. Direction was provided to staff to provide further review of an option that would help to prevent hindrance of development when a smaller nonconforming structure exists, but would not negate the purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures). 6. The Planning Commission conducted a public hearing on December 4, 2014, in the City Hall Council Chambers, 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 Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 1506(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 to have a significant effect on the environment. Planning Commission Resolution No. 1965 Page 2 of 2 SECTION 3. FINDINGS. 1. The current Zoning Code provisions for additions to nonconforming structures hinder the equitable development of properties containing smaller nonconforming structures when compared to properties containing larger nonconforming structures. 2. The purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures) is maintained with the proposed changes. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2014-004 as set forth in Exhibit "A." PASSED, APPROVED AND ADOPTED THIS 4T" DAY OF DECEMBER, 2014. AYES: BROWN, HILLGREN, KOETTING, MYERS, AND TUCKER NOES: ABSTAIN: ABSENT: KRAMER AND LAWLER BY: f Larry Tucker, Chairman BY: — �� �4 J y ye s, ecret ry Exhibit "A" Code Amendment No. CA2014-004 (proposed amendment is underlined) 20.38.040 — Nonconforming Structures Nonconforming structures may be maintained, altered, or added on to, only in compliance with the provisions of this Section. A. Maintenance and repairs. Routine maintenance and repairs may be made to nonconforming principal and accessory structures. B. Nonstructural alterations. Changes to interior partitions or other nonstructural improvements may be made to nonconforming principal structures, but shall not be made to accessory structures. C. Structural alterations. Structural elements, with the exception of foundations of nonconforming principal structures (see Subsection D, below), may be modified, repaired, or replaced. Structural alteration of nonconforming accessory structures is not allowed. D. Foundation alterations. Maintenance and repairs may be made to foundations of nonconforming principal structures. A foundation of a nonconforming principal structure may be modified, retrofitted, or replaced when necessary and in conjunction with additions allowed in compliance with Subsections 20.38.040 G and 20.38.060 A, below. For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Zoning Code, except as provided in Subsection F, below. Alterations to nonconforming accessory structures shall not be allowed. E. Seismic retrofits. Alterations to nonconforming structures due to seismic retrofitting requirements are allowed in compliance with Chapter 15.07 (Earthquake Hazard Reduction in Existing Buildings) of the Municipal Code. F. Reasonable accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Section 20.52.070 (Reasonable Accommodations) shall be allowed. G. Additions. Nonconforming structures may be expanded and the existing nonconforming elements of the structure shall not be required to be brought into compliance with the development standards of this Zoning Code subject to the following limitations and the limitations provided in Section 20.38.060 (Nonconforming Parking). 1. Expansion shall be limited to a maximum of 50 percent of the gross floor area of the existing structure within any ten (10) year period or up to 75 percent with a modification permit approved by the Planning Commission in compliance with Section 20.52.050 (Modification Permits) and when the following additional findings can be made: a. The existing development is a legal nonconforming structure. b. The architectural design and materials of the existing nonconforming structure and proposed addition(s) are consistent with Section 20.48.180 (Residential Development Standards and Design Criteria). C. The existing nonconforming structure and the proposed addition(s) will be compatible with the existing and allowed pattern of development for the neighborhood. d. The level of nonconformity will not pose a health and safety threat for the Property owner, will not be detrimental to the neighborhood, and is not inconsistent with the purpose and intent of Chapter 20.38 (Nonconforming Uses and Structures). e. Limiting an expansion of the gross floor area to 50 percent of the existing structure would be inequitable given the specific circumstances. Gross floor area shall include existing garages and garages added in compliance with subsection 5 below. 2. 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; 3. The addition shall comply with all applicable development standards and use regulations of this Zoning Code; and 4. Additional parking shall be provided in compliance with Section 20.38.060 (Nonconforming Parking), below. 5. The square footage of the required residential parking area additions identified below shall be excluded from the allowed expansion under subsection 20.38.040 G.1 above but shall be included as gross floor area. Required Parkmg Maximum EXcluded A'�yry�eas One-car garage 200 square feet, maximum Two-car garage 400 square feet maximum Three-car ag rape 600 sqVqMje�C maximum H. Exceptions. 1 . Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar and Balboa Village that are nonconforming because they exceed the allowed floor area shall be exempt from the limits of this Section and may be demolished and reconstructed to their pre-existing height and floor area, provided that not less than the pre-existing number of parking spaces is provided. 2. Landmark structures. Landmark structures shall be exempt from the requirements of this Chapter in compliance with Section 20.38.070 (Landmark Structures), below. 20.52.050 — Modification Permits A. Purpose. The purpose of this Section is to provide relief from specified development standards of this Zoning Code when so doing is consistent with the purposes of this Code and the General Plan, and does not negatively impact the community at large or in the neighborhood of the specified development. B. Review authority and allowable modifications. The Zoning Administrator shall approve, conditionally approve, or deny applications for Modification Permits applicable only to the following, subject to the findings identified in Subsection E. (Required Findings), below: 1. Height modifications from exceptions identified in Part 3 (Site Planning and Development Standards). The following modifications are limited to not more than a 10 percent deviation from the standard being modified. a. Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 (Site Planning and Development Standards); b. Flag poles in excess of the exception to the allowed height limits; and C. Heights of fences, hedges, or walls (except retaining walls). 2. Setback modifications. The following modifications are limited to not more than a 10 percent deviation from the standard being modified. a. Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 20.30.110 (Setback Regulations and Exceptions). Exceptions include the following: (1) Modifications shall not be allowed for encroachments into alley setbacks; and (2) Modifications shall not be allowed for encroachments into bluff and canyon setback areas. b. Structural appurtenances or projections that encroach into front, side, or rear setback areas. 3. Other modifications. The following modifications are not limited in the amount of deviation from the standard being modified. a. Distances between structures located on the same lot; b. Landscaping standards in compliance with Chapter 20.36 (Landscaping Standards); C. Maximum allowed roof area for roof mounted equipment that exceeds the allowed height limits identified in Part 3 (Site Planning and Development Standards); d. Size or location of parking spaces, access to parking spaces, and landscaping within parking areas; e. Increase in allowed floor area of additions for uses that have nonconforming parking; f. Increase in allowed floor area of additions for nonconforming structures as identified in Section 20.38.040 (Nonconforming Structures); g,€: Increase in allowed height, number, and area of signs; and h.g. Increase in the allowed height of retaining walls.