HomeMy WebLinkAbout03 - Residential Design Standards Amendment to Title 20 of the Newport Beach Municipal Code (PA2019-070)Q �EwPpRT
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<,FORN'P City Council Staff Report
December 8, 2020
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, AICP, Principal Planner
jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2020-28: Residential Design Standards Amendment
to Title 20 of the Newport Beach Municipal Code (PA2019-070)
ABSTRACT:
For City Council's consideration is the adoption of an amendment to Title 20 (Zoning
Code) of the Newport Beach Municipal Code revising development standards applicable
to single- and two -unit residential development. The proposed amendments would reduce
bulk and mass associated with future residential development by clarifying the definition
of gross floor area, regulating covered third floor decks, and expanding the application of
third floor and open volume standards to all single -unit and two -unit residential
developments. The attached ordinance was introduced and considered at the November
24, 2020, City Council meeting.
RECOMMENDATION:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060
(c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State
CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant
effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2020-28, An Ordinance of the City
Council of Newport Beach, California, Adopting Zoning Code Amendment
No. CA2019-004 to Amend Title 20 (Planning and Zoning) of the City of Newport
Beach Municipal Code Related to Residential Design Standards (PA2019-070).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
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Ordinance No. 2020-28: Residential Design Standards Amendment to Title 20 of the
Newport Beach Municipal Code (PA2019-070)
December 8, 2020
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DISCUSSION:
At the November 24, 2020 City Council meeting the City Council introduced Ordinance
No. 2020-28 modifying the residential design standards for all single -unit and two -unit
residential developments. Additionally, the City Council adopted Resolution No. 2020-10
authorizing the submittal of Local Coastal Program Amendment No. LC2019-006 to the
California Coastal Commission to amend title 21 amending the definition of gross floor
area.
Ordinance No. 2020-28 would reduce bulk and mass associated with future residential
development, specifically:
• Third floor step backs would apply to covered deck areas (currently applies only to
enclosed floor area).
• Third floor side step backs would apply to lots 30 feet wide or greater (currently
applies to lots wider than 30 feet).
• Maximum covered third floor area (enclosed or unenclosed) limited to 50 percent
of buildable area. Uncovered deck area would remain unrestricted.
• Third floor step back standards (front and rear) would apply to 25 -foot -wide or less
lots zoned R-2 (currently exempt).
• Third floor step back standards (front, sides, and rear) would apply to single- and
two -unit dwellings in RM zones (currently exempt).
Effective Date of Amendment to Title 20 (Zoning Code)
Upon adoption of the proposed ordinance, the revised residential design standard
regulations will become enforceable upon the effective date of the ordinance on
January 7, 2021, except for the following types of projects in the pipeline for which the
effective date is tolled:
• An application for a coastal development permit, variance, modification permit, or site
development permit for a residential project deemed complete prior to the effective
date of this ordinance (January 7, 2021).
• An application for any building permit or zoning clearance for a residential project
submitted prior to February 1, 2021.
• An application for a building permit or zoning clearance for a residential project that
has been granted a coastal development permit, variance, modification permit, or site
development permit for a residential project that has not expired.
California Coastal Commission Review (Title 21 Amendments
Although the third floor and open volume regulations contained within NBMC Section
20.48.180 (Residential Development Standards and Design Criteria) don't exist within the
Implementation Plan (IP) of the Local Coastal Program (LCP), the definition of gross floor
area does. To ensure that the IP of the LCP maintains the same definition of gross floor area
as the zoning code, an amendment to the LCP is necessary. Where a conflict in regulations
between the zoning code and IP occur, the more restrictive of the two regulations will prevail.
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Ordinance No. 2020-28: Residential Design Standards Amendment to Title 20 of the
Newport Beach Municipal Code (PA2019-070)
December 8, 2020
Page 3
In this case, the proposed zoning code amendment is more restrictive and therefore can be
immediately enforced prior to receiving California Coastal Commission (CCC) approval.
Upon approval of proposed LCP Amendment No. LC2020-008 by the CCC, staff will
return to the City Council for their consideration in adopting LC2020-008. Staff estimates
to return to the City Council within the year.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines
Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt from
the CEQA pursuant to State 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.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2020-28 (Title 20 Amendments)
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ATTACHMENT A
ORDINANCE NO. 2020-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT NO. CA2019-004 TO AMEND TITLE
20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO RESIDENTIAL
DESIGN STANDARDS (PA2019-070)
WHEREAS, Section 200 of the City of Newport Beach Charter ("Charter") vests
the City Council with the authority to make and enforce all laws, rules and regulations
with respect to municipal affairs subject only to the restrictions and limitations contained
in the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, as a result of growing community concerns related to the loss of
small residential cottages and the bulk and mass associated with new single -unit and
two -unit dwelling developments in the City, the City Council held a study session on
April 23, 2019;
WHEREAS, on May 14, 2019, the City Council initiated portions of the zoning code
amendment under Resolution No. 2019-43 authorizing staff to investigate code revisions
to reduce third floor mass and overall building bulk associated with single -unit and two -unit
developments;
WHEREAS, on May 28, 2019, the City Council initiated the remaining portion of the
zoning code amendment under Resolution No. 2019-45 authorizing staff to initiate code
revisions to restrict single -unit and two -unit dwellings developed on lots zoned for RM
(Multiple Residential) to the development standards applicable to the standards of the
R-2 (Two -Unit Residential) Zoning District;
WHEREAS, the zoning code revisions attached hereto as Exhibit "A" would
reduce the bulk and mass associated with residential development by clarifying the
definition of gross floor area, regulating covered third floor decks, applying third floor
and open volume standards currently applicable to R-1 (Single -Unit Residential) and R-
2 (Two -Unit Residential) Zoning Districts to R -BI (Two -Unit Residential Balboa Island)
with some exceptions, and applying certain third floor step backs to lots 25 feet wide or
less in the R-2 (Two -Unit Residential) and single- and two -unit dwellings in the RM
(Multiple Residential) Zoning Districts ("Zoning Code Amendment");
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Ordinance No. 2020-28
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WHEREAS, on August 19, 2019, the Community Development Department staff
hosted a community meeting attended by 64 interested members of the public, including
design professionals in order to receive community feedback on the draft Zoning Code
Amendment,
WHEREAS, on September 10, 2019, the City Council held a study session to
receive a staff update on the comments received at the August 19, 2019 community
meeting and to provide staff further direction;
WHEREAS, on March 9, 2020, the Community Development Department staff
hosted a second community meeting attended by 25 interested members of the public,
including design professionals, in order to receive additional community feedback on the
refinements to the draft Zoning Code Amendment;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 2020, in the City Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. 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 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission
recommended staff seek guidance from the California Department of Housing and
Community Development ("HCD") as to whether the proposed Zoning Code
Amendment complied with Housing Crisis Act of 2019 (Senate Bill 330), which generally
prohibits a locality from enacting a development policy, standard or condition that
reduces intensity, imposes moratoriums, enforces subjective design standards or
implements any provision that limits approvals or caps population;
WHEREAS, at the request of the City, HCD reviewed the proposed Zoning Code
Amendment, including the May 7, 2020 Planning Commission agenda materials for
compliance with the Housing Crisis Act of 2019;
WHEREAS, on July 31, 2020, HCD issued a letter to the City finding that upon
review of the materials, the pending revisions do not trigger the Housing Crisis Act "less
intensive use" provisions under Government Code section 66300, subdivision (b)(1)(A);
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Ordinance No. 2020-28
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WHEREAS, a telephonic public hearing was held by the Planning Commission on
September 17, 2020, in the City Council Chambers located at 100 Civic Center Drive,
Newport Beach, California, observing restrictions due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. 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 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the Planning Commission at this public
hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution
No. PC2020-031 by a majority vote (5 ayes, 2 nayes) recommending to the City Council
approval of Zoning Code Amendment No. CA 2019-004; and
WHEREAS, a telephonic public hearing was held by the City Council on November
24, 2020, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. 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 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows..
Section 1: The City Council does hereby approve the Zoning Code
Amendment No. CA2019-004 attached hereto as Exhibit A and incorporated herein by
reference.
Zoning Code Amendments are legislative acts. Neither Chapter 20.66 (Amendments) of
the NBMC nor California Government Code Section 65850 et seq., require specific
findings for approval of zoning code amendments. Notwithstanding the foregoing,
Zoning Code Amendment No. CA 2019-004 is consistent with the following land use
policies of the General Plan, Title 20 (Planning and Zoning), City Council policy and
state law:
General Plan Consistency
1. City of Newport Beach General Plan Land Use Policies LU 5.1.5 (Character and
Quality of Single -Family Residential Dwellings) residential units be designed to
sustain the high level of architectural design quality that characterizes Newport
Beach's neighborhoods in consideration of articulation and modulation of building
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Ordinance No. 2020-28
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masses and elevations to avoid appearance of "box -like" buildings; compatibility with
neighborhood development in density, scale, and street facing elevations;
architectural treatment of all elevations visible from public places; entries and
windows on street facing elevations to visually "open" the house to the
neighborhood; and orientation to desirable sunlight and views.
2. General Plan LU 5.1.9 (Character and Quality of Multi -Family Residential) requires
multi -family dwellings be designed to convey high quality architectural character in
accordance with a number of principles including treatment of the elevations of
buildings facing public streets and pedestrian ways as the principal facades with
respect to architectural treatment to achieve the highest level of urban design and
neighborhood quality; architectural treatment of building elevations and modulation
of mass to convey the character of separate living units or clusters of living units,
avoiding the appearance of a singular building volume; modulate roof profiles to
reduce the apparent scale of large structures and provide visual interest and variety
and to incorporate usable and functional private open space for each unit.
Facts in Support
1. Applying additional step backs to covered third floor decks and additional openings
are necessary in order to articulate the building masses and avoid the appearance of
"box -like" buildings provide functional private open space for units.
2. Additionally, the Zoning Code Amendment will improve the architectural treatment
visible from public places and improve compatibility of new development with the
density, scale, and street elevations of existing communities, and modulate roof
profiles to reduce the apparent scale of large structures and to provide visual interest
and variety.
Zoning Code Consistency
1. In 2010, the City adopted revisions to Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code ("NBMC") ("2010 Zoning Code Update") in order to streamline
the review process and simplify the development standards applicable to residential
development, while maintaining allowable building envelopes and preserving the
character of existing communities. The 2010 Zoning Code Update attempted to
regulate third floor mass and bulk in Section 20.48.180 (Residential Development
Standards and Design Criteria) of the NBMC through third floor area limits, third floor
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Ordinance No. 2020-28
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step backs for enclosed floor area, and open volume area standards to increase
building modulation.
2. While the 2010 Zoning Code Update included these third floor limits on unenclosed
covered deck areas and unfinished attics in the R-1 (Single -Unit Residential) and R-2
(Two -Unit Residential) Zoning Districts, they were inadvertently excluded in the RM
(Multiple Residential) and R -BI (Two -Unit Residential, Balboa Island) Zoning Districts,
resulting in third floor and open volume area standards not being applied in the Balboa
Island residential community or to single- and two -unit dwellings constructed on RM
lots citywide.
Facts in Support
1. The Zoning Code Amendment would apply the third floor limits to R -BI (Two -Unit
Residential, Balboa Island) and RM (Multiple Residential) Zoning Districts with some
exceptions.
2. Clarification of the definition of gross floor area to include unfinished attics and
covered decks is necessary in order to prevent the unpermitted conversions of
unfinished attics and covered patios as living area as well as to reduce
bulk/massing.
3. Application of these standards, including proposed revisions, to these communities and
zoning districts is essential to preserve community character and uniformly regulate
bulk and scale.
4. Application of front and rear third floor step back requirements to lots zoned R-2 (Two
Unit Residential) that are 25 feet wide or less will improve building scale as viewed
from streets and alleys.
5. The Zoning Code Amendment would create new objective standards that regulate bulk
and articulation of new single -unit and two -unit dwellings and would not result in the
reduction of allowable density on a lot.
Consistency with State Law
Housing Crisis Act of 2019 (Senate Bill 330) places certain limitations on local
government's ability to adopt zoning ordinances applicable to housing. Specifically,
Government Code section 66300(b)(1)(A) generally prohibits a locality from enacting a
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Ordinance No. 2020-28
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development policy, standard or condition that reduces intensity, imposes moratoriums,
enforces subjective design standards or implements any provision that limits approvals
or caps population.
Facts in Support
1. The Zoning Code Amendment would not reduce the number of residential units
allowed nor reduce the allowable floor area on any site, therefore, the Zoning Code
Amendment would not result in a less intensive use as proscribed by Section
66300(b)(1)(A). Rather, the Zoning Code Amendment limits the configuration of the
allowed floor area on a site, restricting the bulk and mass on the third floor of a single-
family home or duplex. However, that floor area can be made up on the ground and
second floors.
2. Additionally, as a result of the City's public outreach, the City made a number of
refinements to the Zoning Code Amendment, as proposed, in order to address
community concerns. In only one scenario, the third floor step back requirements
resulted in a de minimus reduction in maximum buildable area to certain RM (Multiple
Residential) lots. In order to address community concerns, the Zoning Code
Amendment as proposed does not apply third floor area limits to those RM (Multiple
Residential) lots.
3. Finally, on July 31, 2020, at the City's request, the California Department of Housing
and Community Development issued a letter to the City finding that upon review of the
Zoning Code Amendment, the revisions do not trigger the Housing Crisis Act "less
intensive use" provisions of Section 66300(b)(1)(A). Under the Zoning Code
Amendment, each lot will maintain the same allowed height limits, building setbacks,
and floor area limits as previously entitled, and the application of third floor and open
volume regulations would not preclude the ability for a homeowner to achieve the
same development intensity.
Section 2: This ordinance will be effective thirty (30) calendar days after its
adoption. Notwithstanding the foregoing, application of this ordinance will be tolled for
the following residential projects that have applied for and/or been granted a permit,
provided the residential project is consistent with prior discretionary approvals, the City's
General Plan, and the NBMC in effect on the effective date of Ordinance:
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Ordinance No. 2020-28
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1. An application for a coastal development permit, variance, modification permit, or
site development permit for a residential project deemed complete in accordance
with Section 20.50.060 as of the effective date of this ordinance.
2. An application for any building permit or zoning clearance for a residential project
submitted prior to February 1, 2021.
3. An application for a building permit or zoning clearance for a residential project that has
been granted a coastal development permit, variance, modification permit, or site
development permit for a residential project that has not expired.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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 5: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. 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 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall,be in full force and effect.
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Ordinance No. 2020-28
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Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 24th day of November, 2020, and adopted on the 8th day of
December, 2020, by the following vote, to -wit:
AYES:
NAYS:
ABSENT.-
RECUSED:
BSENT:RECUSED:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
li
'AARON T. HARP, CITY ATTORNEY
Attachment(s): Exhibit A - Zoning Code Amendment No. CA2019-004
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Exhibit A
Zoning Code Amendment No. CA2019-004
Section 1. Table 2-3 of Section 20.18.020 (Residential Zoning Districts Land Uses
and Permit Regulations) of Chapter 20.18 (Residential Zoning Districts (R -A, R-1, R -BI,
R-2, RM, RMD)) of Title 20 (Planning and Zoning) of the NBMC, revising the "Open
Space" row and adding a "Residential Development Standards" row shall be amended as
follows:
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS
Development
Feature
RM
RMD
RM -6,000
Additional Requirements
Open Space
Minimum required open space (applicable to 3 or more units).
Common: 75 square
Common: 75 square
Single -unit and two -unit dwellings
feet/unit
feet/unit
developed on a single site shall comply
Minimum dimension
Minimum dimension
with Open Volume Area standards of
shall be 15 feet.
shall be 15 feet.
Section 20.48.180 (Residential
Private: 5% of the
N/A
Private: 5% of the
Development Standards and Design
gross floor area for
gross floor area for
Criteria).
each unit.
each unit.
Minimum dimension
Minimum dimension
The minimum dimension is for length and
shall be 6 feet.
shall be 6 feet.
width.
Residential
See Section 20.48.180.
Development
Standards
Section 2: Subsection A of Section 20.48.180 (Residential Development
Standards and Design Criteria) of Chapter 20.48 (Standards for Specific Land Uses) of
Title 20 (Planning and Zoning) of the NBMC, shall be amended as follows:
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20.48.180 Residential Development Standards and Design Criteria.
A. Development Standards.
1. Applicability. The development standards in this subsection shall apply
to all R-1, R -BI, R-2, and RM Zoning Districts Citywide, except as provided
below:
a. Exceptions. This subsection shall not apply to:
i. R-1-6,000, R-1-7,200, R-1-10,000, RMD, and RM -6000 Zoning
Districts;
ii. Planned community zoning districts; or
iii. Residential developments consisting of three or more units on
a lot in the RM Zoning District.
b. Limited Application. This subsection shall be limited in its application
as follows:
i. For lots twenty-five (25) feet wide or less in the R-2 Zoning
District, only subsection (A)(2)(c) shall apply.
ii. For residential developments consisting of one or two units on a
lot in the RM Zoning District, only subsections (A)(2)(c) and
(A)(3) shall apply.
2. Third Floor Limitations.
a. Allowed Floor Area. The maximum gross floor area that may be
located on a third floor shall not be greater than either of the following:
i. Fifteen (15) percent of the total buildable area for lots wider than
thirty (30) feet; or
ii. Twenty (20) percent of the total buildable area for lots thirty (30)
feet wide or less.
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On sloping lots, if the slope of the grade on which the structure is located
is greater than five percent, subject to Section 20.30.050(6)(3), the
Director shall determine which story is the third story for the purpose of
implementing this requirement.
For example, on a thirty (30) foot wide lot, if the total buildable area of
the lot is two thousand five hundred fifty (2,550) square feet, then the
maximum square footage that may be located on the third floor is five
hundred ten (510) square feet (two thousand five hundred fifty (2,550)
sq. ft. x twenty percent (20%) = five hundred ten (510) sq. ft.).
b. Allowed Combined Floor Area and Covered Deck Area. The
combined total maximum gross floor area and covered deck area that
may be located on a third floor shall not be greater than fifty (50) percent
of the total buildable area.
c. Location of Third Floor Structure. Enclosed floor area and covered
deck area located on the third floor shall be set back a minimum of fifteen
(15) feet from the front and rear setback lines and for lots thirty (30) feet
in width or greater a minimum of two feet from each side setback line,
including bay windows.
3. Open Volume Area Required.
a. Calculation. Open volume area shall be provided in addition to the
required setback areas and shall be a minimum area equal to fifteen (15)
percent of the buildable area of the lot.
b. Location. The open volume area may be provided anywhere on the
lot within the buildable area and below twenty-four (24) feet from grade.
The open air space volume may be provided on any level or combination
of levels and may extend across the entire structure or any portion
thereof.
c. Minimum Dimensions. The open volume area shall meet the
following standards:
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i. Have a minimum dimension of at least five feet in depth from the
wall plane on which it is located and a minimum clear vertical
dimension of at least seven and one-half feet; and
ii. Be open to the outdoors on at least one side.
Section 3: The definition of "Floor Area, Gross" of Section 20.70.020
(Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20
(Planning and Zoning) of the NBMC, shall be amended as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
iv. Covered parking spaces which are open only on one side.
b. The following areas shall be excluded.-
i.
xcluded:
i. Stairwells and elevator shafts above the first level, and
ii. Covered decks, balconies or patios open on at least two sides, with
the exception of required safety railings and minimal structural supports.
Railings shall be constructed of either transparent material (except for
supports) or opaque material (e.g., decorative grillwork, wrought iron,
latticework, or similar open materials) so that at least forty (40) percent of
the railing is open.
2. Multi -Unit Residential (3+ dwellings), Mixed -Use, and Nonresidential
Structures.
a. For multi -unit residential, mixed-use, and nonresidential structures, the
following areas shall be included in calculations of gross floor area:
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The area within surrounding exterior walls; and
Any interior portion of a structure that is accessible and that
measures more than four feet from floor to ceiling.
b. The following areas shall be excluded:
Stairwells and elevator shafts above the first level,
ii. Outdoor dining areas associated with an eating and drinking
establishment, and
iii. Parking structures associated with an allowed use within the same
development.
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