The URL can be used to link to this page

Home My WebLink About04 - Design Standards for Single-Family and Duplex in Multi-Family Residential Zoning DistrictsQ SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report May 28, 2019 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Gregg Ramirez, Principal Planner PHONE: 949-644-3219, gramirez@newportbeachca.gov TITLE: Resolution No. 2019-45: Initiation of Planning and Zoning Code and LCP Amendments Related to Design Standards for Single -Family and Duplex in Multi -Family Residential Zoning Districts (PA2019- 070) ABSTRACT: The City Council will consider initiating amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan). Several single-family homes and duplexes have been built in the multi -family zone districts (RM). The size and mass in the RM zoning exceed the size and mass allowed in a more traditional single-family (R-1) or duplex (R-2) zoning. The purpose of the amendment is to require single family homes and duplexes built in the RM zone to comply with the same design standards as required in R-1 and R-2 zoning. This code change will ensure consistency in the size and mass of single-family and duplex homes. RECOMMENDATION: a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Adopt Resolution No. 2019-45, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Development Standards for Single and Two -Unit Dwellings in Multiple Residential (RM), Multiple Residential Detached (RMD) and Multiple Residential Coastal (RM) Zoning Districts (PA2019-070). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 4-1 Resolution No. 2019-45: Initiation of Planning and Zoning Code and LCP Amendments Related to Design Standards for Single-family and Duplex in Multi -Family Residential Zoning Districts (PA2019-070) May 28, 2019 Page 2 DISCUSSION: At the conclusion of the April 23, 2019 City Council study session item titled "Potential Changes to Residential Development Standards to Preserve Cottages and Address 3rd Story Massing" the City Council directed staff to return with a resolution to initiate code amendments related to applying R-1 and R-2 zoning district development standards to single-family homes and duplexes when they are constructed in an RM zoning district. Both the Planning and Zoning Code and Local Coastal Program (LCP) allow the development of single-family homes and duplexes in the RM zoning districts. Both codes also allow the RM development standards to be used regardless of the product type constructed. The size and mass of structures in the RM zones are greater than structures in the R-1 and R-2 zones. Notably, the height limit for sloping roofs in the RM zone is 33 feet versus 29 feet for the R-1 and R-2 zones. Other differences that will be analyzed include, but may not be limited to, floor area limits and side setbacks for lots 50 feet and wider. Public Outreach and Timin This agenda item is not a public hearing. Should the City Council choose to initiate the proposed amendments, the specific text changes will be drafted and staff will reach out to the community and local design professionals to get their feedback on the new proposed code language. Staff will then present the item to both the Planning Commission and then City Council at noticed public hearings. Additionally, amendments to the certified Local Coastal Program Implementation Plan will require certification by the California Coastal Commission. Staff estimates the draft code language will be ready for community input in July 2019. Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council, with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. ENVIRONMENTAL REVIEW: The initiation of zoning and LCP amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) 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. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration and potential approval of the amendments. 4-2 Resolution No. 2019-45: Initiation of Planning and Zoning Code and LCP Amendments Related to Design Standards for Single-family and Duplex in Multi -Family Residential Zoning Districts (PA2019-070) May 28, 2019 Page 3 NOTICING: The Municipal Code does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the Municipal Code. Additionally, notice of the LCP amendments will be sent to all persons and agencies on the Notice of the Availability mailing list. ATTACHMENT: Attachment A — Resolution No. 2019-45 4-3 ATTACHMENT A RESOLUTION NO. 2019- 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO DEVELOPMENT STANDARDS FOR SINGLE AND TWO - UNIT DWELLINGS IN MULTIPLE RESIDENTIAL (RM), MULTIPLE RESIDENTIAL DETACHED (RMD) AND MULTIPLE RESIDENTIAL COASTAL (RM) ZONING DISTRICTS (PA2019-070) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to NBMC Title 20 "Planning and Zoning" with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in NBMC Title 21 "Local Coastal Program Implementation Plan" to be initiated by the City Council; and WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to modify regulations related to single and two -unit development standards in Multiple Residential Zoning (RM), Multiple Residential Detached (RMD) and Multiple Residential Coastal (RM) Zoning Districts to potentially require those developments to comply with the Single -Unit (R-1) and Two -Unit (R-2) Residential Zoning District development standards related to height, third floor setbacks and third floor square footage limitations. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to, Title 20 "Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to modify regulations relating to the development of single and two -unit development in the Multiple Residential (RM), Multiple Residential Detached (RMD) and Multiple Residential Coastal (RM) Zoning Districts. Resolution No. 2019 - Page 2 of 2 Section 2: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is categorically exempt pursuant to Title 14, Division 6, Chapter 3, of California Code of Regulations, Section 15262 (Feasibility and Planning Studies) Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). Section 15262 exempts projects involving feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 28TH day of May, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE .0 .C,o JAAarC. Harp torney 4-5