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*NEW FILE*
ZONING CODE UPDATE 2005
CITY OF NEWPORT BEACH FILE COPY
CITY COUNCIL STAFF REPORT
Agenda Item No.
April 12, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patricia L. Temple, Planning Director
644-3228, ptemple@city.newport-beach.ca.us
SUBJECT: Appointments to the Ad Hoc Committee for Revisions to the Zoning
Code
RECOMMENDATION:
If desired, appoint the following persons to fill the Ad Hoc Committee for Revisions to the
Zoning Code.
Councilmember:
Steve Rosansky
Planning Commissioners:
Michael Toerge
Barry Eaton
Design Professionals:
Brion Jeanette
Michael Porter
Public Members:
Ed Selich
Lloyd Ikerd
DISCUSSION:
The Ad Hoc Committee for Revisions to the Zoning Code was formed with the adoption of a
Resolution No. 2005-11 on February 22, 2005. The Mayor has identified the above persons
to be appointed, for all the Committee positions except the Builder/Developer position. Staff
and the mayor believe that the Ad Hoc Committee members can assist in identifying a
person for this last appointment.
All recommended members have been provided information on the purpose for the
Committee, and have agreed to make the time commitment to the project.
Submitted by:
i-"�atricia L. Temple
Planning Director
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
FILE COPY
Agenda Item No.
February 22, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patricia L Temple, Planning Director
949-644-3228; ptemple@city.newport-beach.ca.us
SUBJECT: Establishment of an Ad Hoc Committee for Revisions to the Zoning
Code
BACKGROUND
At the February 8th City Council Study Session, the Planning Department presented
information about the zoning compliance review (plan check) process and why the
Planning Department is currently unable to turn around plan checks within a four week
timeframe. The report presented three alternatives that could address the situation,
After discussion by Council, staff was directed to commence a review of the City's
Zoning Code, to develop revisions which could simplify the code and ease its
administration. As part of the discussion, the City Council and staff indicated that this
review should include the participation of a variety of interested parties, which could be
in the form of an Ad Hoc Committee formed by the City Council and appointed by the
Mayor.
DISCUSSION
A committee to guide revisions to the Zoning Code should include the various
components of the community potentially affected by revisions. Staff suggests the
following composition of an Ad Hoc Committee for Revisions to the Zoning Code:
• 1 City Council member
2 Planning Commissioners
• 2 Architects/design professionals
• 1 Builder/Developer
• 2 members of the public
Because the Ad Hoc Committee will be charged with reviewing very detailed proposals
for Code revisions, staff believes that this committee should not be larger than
suggested.
EstablishOnt of an Ad Hoc Committee for Revons to the Zoning Code
February 22, 2005
Page 2
The Process:
As indicated in the prior Study Session report, the development of Zoning Code
revisions will require consultant assistance. The consultant will first work with Planning
Department staff that enforce and administer the provisions of the Zoning Code,
because they are most familiar with the provisions which are most problematic or
difficult to understand. A list of sections to be considered for revision will then be
reviewed with the Committee. The Committee will also be able to identify areas of the
Code needing revisions as well. Draft revisions will be developed by the consultant and
staff, which then will be reviewed and refined by the Ad Hoc Committee.
Recommended changes to the Zoning Code will then be forwarded to the City Council
for initiation of Code amendments.
Environmental Review
Establishment of an Ad Hoc Committee is not a project as defined by the California
Environmental Quality Act, so no environmental review is required.
Public Notice
No public notice is required for this discussion. However, this item is on the City
Council Agenda, which is posted at City Hall, and is also available on the City's web
site.
Prepared by:
Patricia L. Temple, Plarfning Director
Attachment: Draft Resolution
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ESTABLISHING THE AD HOC COMMITTEE FOR
REVISIONS TO THE ZONING CODE
WHEREAS, the complexity of the Zoning Code creates difficulties in its
administration and enforcement; and
WHEREAS, the City Council of the City of Newport Beach desires to
consider simplification of the Zoning Code as means to improve the process of
issuing building permits; and
WHEREAS, the City Council recognizes the importance of clear and
understandable zoning regulations to property owners and others seeking to
improve property in the City; and
WHEREAS, the City Council also recognizes the importance of effective
zoning regulations in maintaining quality residential neighborhoods and
commercial districts, and
WHEREAS, the City Council wishes to establish an open, public planning
process for the consideration of revisions to the Zoning Code.
NOW, THEREFORE, the City Council of the City of Newport Beach
hereby resolves as follows:
SECTION 1. ESTABLISHMENT
The Ad Hoc Committee for Revisions to the Zoning Code (Committee) shall be
established as of the date this Resolution is approved by four members of the
City Council voting at a duly noticed meeting of the City Council.
SECTION 2. DUTIES
The Committee shall have the following duties:
a) Work with a consultant and City staff to develop a list of desirable
revisions to the Zoning Code.
b) Review all revisions drafted by the consultant and City staff and refine
and/or modify as necessary.
c) Recommend to City Council the revisions to the Zoning Code for initiation
of Code amendments.
SECTION 3.
The Committee shall consist of the following members appointed by, and serving
at the pleasure of, the Mayor:
a) One (1) City Council member
b) Two (2) members of the public
c) Two (2) Planning Commissioners
d) Two (2) Architects/design professionals
e) One (1) Builder/Developer
SECTION 4 TERM
The term of the Committee shall expire at such time as the Committee transmits
possible Zoning Code amendments for consideration of initiation by the City
Council. The City Council shall review the progress of and continuing need for
the Committee one year after the date it is first established.
ADOPTED this 22"d day of February, 2005.
ATTEST:
City Clerk
Mayor
2
City of Newport Beach • ���
City Council Minutes
April 12, 2005
construction expenses; and 4) approve a budget amendment (05BA-052)
appropriating $289,397 from Unappropriated Internal Service Reserves
into Account No. 7611-C6120725.
8.. SUNSET RIDGE PARK — APPROVE A PROFESSIONAL SERVICES
AGREEMENT WITH RJM DESIGN GROUP, INC. FOR MASTER
�,XLAN SERVICES (C-3766). Approve a Professional Services Agreement
in the amount of $70,000 with RJM Design Group, Inc. and authorize the
Mayor and the City Clerk to execute the agreement.
MISCELLANAUS ACTIONS
9. Item removed from the Consent Calendar by a member of the
audience. 1%
10. BUDGET AMEN13MENT — CALIFORNIA SEAT BELT
COMPLIANCE CAMPAIGN PROGRAM — FISCAL YEAR 200412005.
Approve a budget amendmNt (05BA-054) in the amount of $19,699 for the
Police Department budget in Fiscal Year 2004/2005 to fund additional seat
belt enforcement as a part of- he California Seat Belt Compliance
Program. �,
11. ADOPTION OF A PROGRAM FOR DISADVANTAGED BUSINESS
ENTERPRISE (DBE) REQUIREMENTS;.FOR FEDERAL FISCAL
YEAR 2004-2005. 1) Approve the DBE Program for the City of Newport
each for Federal Fiscal Year beginning October 1, 2004 and ending
September 30, 2005; 2) authorize the Public Works"'Director to submit the
approved DBE Program to Caltrans staff, and 3)Ndesignate Jessica
Etezady, Administrative Manager, as the City's DBE Liaion Officer.
12. Item removed from the Consent Calendar by
Nichols.
13. Item removed from the Consent Calendar by a member
audience.
14. PUBLIC OUTREACH EFFORTS FOR THE CITY HALL, FIRE
STATION AND PARKING LOT PROJECT. Receive and file.
-
15. APPOINTMENTS TO THE AD HOC COMMITTEE FOR REVISIONS
TO THE ZONING CODE. Appoint the following persons to fill the Ad
Hoc Committee for Revisions to the Zoning Code: Council Member Steven
Rosansky; Planning Commissioners Michael Toerge and Barry Eaton;
Design Professionals Brion Jeanette and Michael Porter; and Public
Members Ed Selich and Lloyd Ikerd.
Motion by Mayor Pro Tern Webb to approve the Consent Calendar, except for
those items removed (1, 3, 4, 6, 9, 12 and 13).
The motion carried by the following roll call vote: -
Ayes: Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
INDEX
C-3766
Sunset Ridge
Park
(381100-2005)
(100-2005)
(100-2005)
(100-2005)
Volume 57 - Page 162
City of Newport Beach •
City Council Minutes
April 12, 2005
raised at the 2004 event. Mayor Bromberg stated that there are 40 to 46
teams participating this year, the public is welcome and more information
can be obtained by calling his office at (949) 644.2004,
• Mayor Bromberg announced that on April 17, 2005, at 10:00 a.m., a team
L of riders will be at the Newport Pier as a part of the Peddling for the Cure
event. He explained that the cyclists are biking from Los Angeles to
Chicago with the goal of raising $100,000 for autism.
• 14ayor Bromberg requested that a future Study Session report provide
information on the in lieu parking fee for developers. He explained that
therb was a moratorium placed on the requirement in 1988 or 1989, and
that it needs to be addressed again due to the shortage of parking in the
City. ' e
I. CONSENT CALENDAR
READING OFMINLUS/OR I� NANCES AND RESOLUTIONS
1. Item removed from the Consent Calendar by a member of the
audience.
2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading
in full of all ordinances and resolutions under consideration, and direct
City Clerk to read by title only.
RESOLUTIONS FOR ADOPTION
3_ Item removed from the Consent Calendar by Council Member
Nichols.
CONTRACTS AND AGREEMENTS
4. Item removed from the Consent Calendar by Council Member
Nichols.
6. 2004-2005 SIDEWALK, CURB AND GUTTER REPLACEMENT
PROGRAM — COMPLETION AND ACCEPTANCE OF CONTRACT
(C-3718). 1) Accept the work; 2) authorize the City Clerk to file a Notice
of Completion; 3) authorize the City Clerk to release the Labor and
Materials bond 35 days after the Notice of Completion has been recorded
in accordance with applicable portions of the Civil Code; and 4) release the
Faithful Performance Bond one year after Council acceptance.
6. Item removed from the Consent Calendar by Council Member
Nichols.
7. CORPORATION YARD BUILDING W — AWARD OF CONTRACT
(C-3642). 1) Approve the plans and specifications; 2) award the contract
(C-3642) to Horizons CCI Services, Inc. for the total bid price of $394,740
and authorize the Mayor and the City Clerk to execute the contract;
3) establish an amount of $39,600 to cover the cost of unforeseen
INDEX
C-3718
2004.2006
Sidewalk, Curb
& Gutter
Replacement
Program
(38/100.2005)
C-3642
Corporation
Yard
Building W
Volume 57 - Page 161
City of Newport Beach •
City Council Minutes
February 22, 2005
in the Council Chambers. He announced that the City Council Ad Hoc
Marinapark Advisory Committee is chaired by Council Member Ridgeway and
they will meet with the State Lands Commission to set boundaries and investigate
whether the mobilehomes should remain or not.
L. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT
12. PLANNING COMMISSION AGENDA FOR FEBRUARY 17, 2005.
Director Temple reported that Item 3 (Ellis Residence) was
from the calendar and Item 5 (Rudy's Pub and Grill) was
Regarding St":Andrews Presbyterian Church (Item 1), Ms. Temple
reported that theegesolutions were finalized and will be ready for Councils
consideration whentthe item comes back to Council.
Regarding the Civic Ceer Plaza Sign Regulation (Item 4), Ms. Temple
reported that the applicant and the property owner were interested in
adding small tenant identification signs to their monument sign. She
stated that this was recommended for approval to Council.
'a
Ms. Temple reported that there NJas a discussion item on the agenda
regarding the zoning code revision to streamline the regulations and ease
some of the difficulties they've been experiencing during plan checks. She
stated that the Commission looks forward`to participating in this process
with the ad hoc committee if it is formed to44
e
M. CONTINUED BUSINESS by
13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION.
Using paper ballots, Council voted on either Gerald Alliabn or Gilbert
Lasky for the City Arts Commission position.
Gerald Allison (Heffernan, Daigle) \'
Gilbert Lasky (Rosansky, Webb, Nichols, Mayor Bromberg)
City Cleric Harkless announced that Gilbert Lasky has been appointed to
fill the vacancy on the City Arts Commission with a term ending June 30,
14. ESTABLISHMENT OF AN AD HOC COMMITTEE FOR REVISIONS
TO THE ZONING CODE.
Planning Director Temple reported that the Mayor, City Manager Bludau,
Assistant City Manager Wood, and herself participated in the preparation
of the staff report and are recommending that an ad hoc committee be
formed to help guide the process of considering revisions to the zoning
code. She indicated that they wanted a well-rounded committee but one
that was not too large. She stated that they are suggesting that the
committee be comprised of one Council Member, two Planning
INDEX
(100.2005)
(100-2005)
Volume 57 - Page 99
City of Newport Beach
City Council Minutes
February 22, 2005
Commissioners, two architects/design professionals, one builderldeveloper,
and two members of the public. She added that the Planning, Building,
and Public Works Departments will staff the committee, and the City
Attorney's office will probably participate.
Mayor Bromberg requested that a staff report conic back so his
appointments can be ratified by Council.
Motion by Mayor Pro Tom Webb to adopt Resolution No. 2005.11
approving the formation of an Ad Hoc Committee for Revisions to the
Zoning Code, to be comprised of eight (8) members as noted in the staff
report.
The motion carried by the following roll call vote:
Ayes: Heffernan, Rosansky, Webb, Daigle, Nichols, Mayor Bromberg
Noes: None
Abstain: None
Absent: Ridgeway
N. CURRENT BUSINESS _
15. ORDER OF CONSTRUCTION OF PUBLIC IMPROVEMENTS
ALONG GRANT STREET FRONTAGE — 7000 AND 7012 WEST
COAST HIGHWAY.
Public Works Director Badum reported that, on October 12, 2004, Council
ordered the construction of curb and gutter frontage improvements
adjacent to the Newport Sands Mobile Home Park. He stated that, since
then, the proporty owner's representative has requested driveways on
Grant Street; however, staff and the public are concerned about the loss of
public parking. He indicated that the letter in the staff report from the
property owner claims that there were five driveways on the street
frontage when it' was undeveloped, but staff reviewed aerial photos from
1989, 1995, and 2001 and could only identify two, possibly three, areas in
which a car could fit.
Mr. Badum reported that the street is about 160' long, operates as a
narrow one-way, only has a 30' wide right-of-way, and has parking on both
sides. He stated that they tried to work with the representative to reach a
compromise, like reducing the number of driveways; however, in order to
have the driveway cut, it may be nocessary to red curb the opposite side of
the street in order to allow safe turning mpycments. He stated that a
bigger issue is that the property owner plans to install the new units with
a 1' setback from the City's right-of-way. He indlcated that this makes it
impossible for anyone to see onto Grant Street. He reported that, for these
reasons, staff is recommending that Council reaffirm its direction to install
full height curb and gutters along Grant Street.
Mr. Badum pointed out that the California Department of Housing and
Community Development (HCD) regulates the development of mobile
home parks and manufactured homes. He reported that the City's zonipg
code does not allow the City to regulate construction on mobile home
INDEX
(100.2005)
Volume 67 - Page 100
AGENDA
Ad Hoc Committee for Revisions to the Zoning Code
June 2, 2005
2:00 p.m.
Fire Department Conference Room
Newport Beach City Hall
I. Adopt agenda
II. Scope of work
III. Consultant selection
IV. Meeting policies and procedures
V. Selection of builder/developer representative
VI. Schedule next meeting
VII. Public comments
Vill. Adjournment
AGENDA
Ad Hoc Committee for Revisions to the Zoning Code
June 29, 2006
3:00 p.m.
Small Conference Room
Main Library
Adoptagenda
Update on consultant selection
III. Areas of concern as identified by Planning Staff
IV. Schedule next meeting
V. Public comments
VI. Adjournment
PLANNING DEPARTMENT
CITY HALL
3300 NEWPORT BOULEVARD
P. O. BOX 1768
NEWPORT BEACH, CALIFORNIA
92658-8915
Memorandum
To: Ad Hoc Committee for Zoning Revisions
From: Gregg Ramirez, Senior Planner
(949) 644-3219
gramirez(a)city. newport-beach.ca. us
CC:
Date: June 24, 2005
Re: June 29, 2005 Meeting
I have attached the following items for your review:
1. Meeting Agenda
2. Zoning Code issues identified by staff
3. Study Session staff report to the City Council dated April 27, 2004 that discusses grade
and structure height
A G E N D A
Ad Hoc Committee for Revisions to the Zoning Code
Wednesday June 29, 2005
3:00 p.m.
Small Conference Room
Main Library
Adoptagenda
II. Update on consultant selection
III. Zoning Code areas of concern as identified by Planning Staff
IV. Schedule next meeting
V. Public comments
VI. Adjournment
ZONING CODE ISSUES
The Code requires that a sloped roof be measured at the midpoint of a roof plane
while allowing the ridge to extend up to 5-feet above the height limit. An
interpretation made years ago allows an imaginary projection of a roof plane to
point where it intersects another imaginary plane, an actual roof or the setback
line. Determination of multiple mid -points of imaginary planes can prove
problematic and time consuming with complex roof designs. Additionally, since
the height of structures is the vertical distance between the grade and the
midpoint, each mid -point of each roof plane will often be of different heights,
unless the lot is truly flat or the structure is designed using the lowest existing
grade point resulting in a constant datum for the entire structure.
For the majority of new custom residential homes, grade is determined by using
the existing elevation contours of the subject property and elevations and
contours of adjoining properties to determine the natural profile of the site. On flat
lots, grade can usually be identified fairly quickly. However, on lots that slope a
few feet from front to back or side to side or a combination of the two can be
problematic, especially in instances where building design is trying to achieve the
greatest height possible. Often the finished grade condition differs from the
existing grade so, once development of the site occurs all physical evidence of
the grade used to determine compliance with the height regulations is gone,
which can create problems with verification of building height during construction.
This is true especially of mid -points. Defining a constant datum would aid in
determining the compliance of those features.
Attached is a copy of a City Council Study Session staff report discussing this
topic dated April 27, 2004. The information therein is still relevant today and
explains in detail the dilemmas created by the existing regulations and discusses
some possible solutions.
Also, architectural dormers have become popular but a definition is needed. Also,
if the dormers are truly architectural, we may want to allow them to exceed the
height limit as long as they are located lower than a compliant. ridge. If so, how
large should they be and how many on each compliant roof plane?
Like building height, many residential structures especially on smaller lots, are
being designed to the maximum floor area. For typical R-1 and R-2 lots,
maximum square footage is determined by multiplying the buildable are of a lot
(lot size minus setback area) by a factor of 1.5 or 2. It is not uncommon to see
plans submitted that propose, for example, a 2699 square foot residence on lot
permitted a maximum of 2700 square feet. In order to ensure accuracy, the plan
checkers manually calculate the square footage using the dimensions shown on
the floor plans. Typically, a gross figure is determined then the allowed
deductions for second and third floor stairwells, attics and basements with ceiling
heights of less than 7 feet are then deducted. Like determining the building
height, calculation of floor area is often time consuming. However, most Planned
Community Districts and residentially zone properties with a "B" overlay use a lot
coverage provision whereby the footprint must not exceed a certain percentage
of lot area, often 60%. Since only the outside perimeter of a proposed building is
calculated to determine the lot coverage and since there is no limit on square
footage, the plans are far easier to check. Many staff member believe lot
coverage may be workable for residential citywide without reducing the permitted
square footage.
Staff is also concerned by the number of attic and basement areas with ceiling
heights of 6-feet 11-inches that are possibly being turned into
useable/conditioned space after the final building inspection.
Section 20.10.040C: Residential "Open Space Option"
Open space is actually required; the word "option" should be removed.
Additionally, the calculation and what is considered open space may also want to
be looked at as the open space requirement is routinely satisfied by area above
the roof that is under the height limit.
Section 20.65.070B and C Exceptions to Height Limits
Clarification that the cumulative total for mechanical equipment is 25 square feet
regardless of number of units/occurrences and that the 25 square feet includes
the required screening.
Clarification needed on wording of exclusions and whether a limit on the size and
number of chimneys should be included.
Section 20.60.030 Extensions Into Yards
BBQ's and freestanding fireplaces are currently not in the list of items (6-feet and
under) permitted to encroach into side and rear yard setbacks. Modification
Permits are occasionally issued for these items. Language allowing these
features to encroach into setbacks while limiting height may be helpful.
Modification Permits are also routinely applied for to allow freestanding arbors in
front setbacks. A provision allowing one arbor of open construction and limited
size (i.e. 36 square feet) and height (8-feet) in the front and rear yard setbacks
may be helpful.
Similar Modification Permit requests for freestanding trellis structures in the side
and rear setbacks are also fairly common.
Architectural features on fences and walls (i.e. wall caps, finials on pilasters, light
fixtures, swooping fences) are often proposed that exceed the standard 3 or 6
foot fence/wall height limit. Some sort of relief that permits such features may be
helpful and encourage interesting design.
Section 20.10.040
Adopt a map that identifies "West Newport". "Old Corona Del Mar" and "Balboa
Peninsula". The code provides a meets and bounds description but an exhibit
would be helpful to the public.
Provide Code Definitions for:
Attic
Clinic
Dormer
These represent some potential Code sections that if slightly altered or clarified
would help plan check and counter staff. A look at the non -conforming section of
the Code and possibly additional development regulations will be identified for
the next meeting.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Study Session Agenda Item No. 3
April 27, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Patricia L. Temple, Planning Director
(949) 644-3228, ptemple&-city.newport-beach.ca.us
SUBJECT: Grade and Structure Height
Implementation of the height limit for construction has become increasingly difficult. The
primary difficulty in implementation of the height limit is in the determination of what
grade should be for the purpose of measuring height when a site is developed or
otherwise altered, which is the case in most areas. Additionally, the Planning
Department made an administrative interpretation in 1986 altering how a sloping roof is
measured. The application of the interpretation has been expanded over time to a point
that it does not reflect its original intent and it is not supported by the code. These two
factors coupled with a growing desire on the part of property owners to build to the limits
of the code have led to an unworkable system of height measurement.
BRIEF HISTORY OF HEIGHT AND GRADE
In 1936 with the adoption of its first zoning ordinance, the City adopted its first height
limit. Single family homes were limited to 2 stories and 35 feet. Building height was
defined as the vertical distance measured from the average level of the highest and
lowest point of that portion of the lot covered by the building to the ceiling of the
uppermost story. In 1950, the definition changed with the upper limit being raised to be
the "topmost point of the roof." In 1965, the term grade first appears with it being an
average elevation of the corners of the exterior of the building.
In 1972, the City adopted standards very similar to today's regulations. The existing
height limitation zones were adopted and height limits all over town were reduced
dramatically. The City first used the term "natural" within the definition of the term grade.
Ordinance No. 1454 states: "For the purpose of measuring height, the grade shall be
natural grade unless the Planning Commission approves a grading plan or map, or a
grading permit has been issued on or before the effective date of this ordinance, under
which circumstances grade shall be finished grade as shown on the plan or map so
approved..." This definition of grade above was used until 1992 when it was
Grade and Structure Height
April 27, 2004
Page 2
determined that the definition was unclear and unworkable since the term "natural" was
not defined.
In 1992, the City Council defined natural grade to be the "unaltered natural vertical
location of the ground surface." They also re -drafted the definition of grade and
broadened the use of finished grade. Previous standards prohibited the use of artificial
surfaces (finished grades) and only allowed their use with the approval of the Planning
Commission. The change in 1992 permitted the use of any finished grade when
retaining walls or filled surfaces were used for the purpose of measuring height prior to
October 12, 1972. The standards adopted in 1992 are identical to today's regulations
although they have been reorganized and re -codified since.
GRADE — THE BASELINE FOR MEASURING HEIGHT
The grade is the baseline for implementing a height limit. Presently, the unaltered
vertical location of the ground surface is used unless another grade or elevation is
identified by the code. Determining what the natural grade for a site is difficult when the
site is altered. The code identifies 4 basic alternatives to the natural grade.
a) Finished grades used for height measurement created by new subdivisions.
b) Grades created prior to 1972 without a grading plan or building permit.
c) Grades in areas prone to flooding.
d) Grades set by the Planning Commission through Site Plan Review approval.
The second item is where the Planning staff spends many hours in an attempt to
identify the natural profile of the site, which often has not been seen for many years. As
a result, staff must attempt to identify the natural profile using limited information, and
occasionally, old air photographs. Finished grades are used when retaining walls and
filled surfaces are present and excavated surfaces such as basements or wine cellars
are not used. This last provision has been more broadly applied through the years such
that no excavated grades are used to measure height today. Most often the existing
grade is actually used if the excavation of the site occurs as part of the construction.
The basic policy penalizes a builder by reducing the available vertical distance between
the grade and height limit should they wish to build up the site with earth. Conversely, a
builder is not penalized should they wish to excavate and lower the grade. The grade for
the purpose'of measuring height would be higher than finished grade and the resulting
building meets the height limit, but is actually taller than the numeric value of the height
limit. In plain English, the residence may actually 26 feet high while it complies with the
24-foot height limit.
The Planning Commission reviewed the question of grade on February 5, 2004. The
staff report for that meeting is attached as Exhibit No. 5. The'Commission directed staff
to present the issue to the Council to request policy direction. The Commission did
indicate that reform to the present system should be evaluated with community input.
Grade and Structure -Height
April 27, 2004
Page 3
HEIGHT — HOW IS THE HEIGHT LIMIT ADMINISTERED?
The height of a structure is the vertical distance between the highest point of the
structure and the grade directly below. A sloped roof is measured from its midpoint to
the grade directly below as measured from the ridge to where the wall plate intersects
the roof plane. In this case, the peak of the roof may not extend more than 5 feet above
the permitted height limit. The code is clear on this definition; however, in approximately
1986, the Planning Director made an interpretation of the code for a specific project
where the roof was extended beyond the wall plate intersection to the setback line or
another obstruction. This had the immediate effect of lengthening the roof plane
artificially and thereby lowering the midpoint. The illustration below shows the artificial
roof plane extension concept.
Grade
The argument in favor of this "interpretation" was that the mass of the building was less
because and the peak did not exceed 5-foot allowance above the height limit. Armed
with this new interpretation, planning staff began applying it more broadly where today,
it is a commonly applied un-codified rule. The unintended consequence of this un-
codified rule is that a third level of a residence is more easily achieved. Additionally, on
sloping lots, the actual measurement of the height of an individual roof plan can take
place outside of the building wall at a different grade elevation. Staff acknowledges that
the present use of the imaginary roof extension is not supported by the Zoning Code;
however discontinuing its use will have negative consequences to pending projects.
Grade and Structure Height
April 27, 2004
Page 4
IS THE SYSTEM BROKEN?
The short answer is yes, in staffs opinion. The present system of measuring natural
grade to the midpoint of a sloping roof is problematic at best. There is no real question
when a flat roof is proposed even though there is no definition of what a flat roof is. The
true problem rests with sloping roofs, sloping lots or any lot thought to be excavated.
Designers routinely ask staff to identify the baseline grade especially when there is even
a modest slope gradient or there is a retaining wall indicating excavation. The lack of
certainty of the baseline grade makes it very time consuming and frustrating for both
designers and staff to identify one. If a designer wants a grade higher than the existing
grade based upon the identification of a historical natural profile of the site, the resulting
design of the building can be enhanced dramatically because the grade from which the
height is measured is significantly higher than the existing grade. This circumstance
leads to buildings that, while compliant, are taller than the stated height limitation zone.
This leads to questions and complaints from surrounding residents when the building
appears taller than expected. In one example, hundreds of hours of staff time and
months of delay have been expended to examine old air photos, surveys and
geotechnical studies in an attempt to identify a grade that has not been seen for 60-80
years in order to design a 4 story residence. The present system also requires the
retention of grading plans and surveys so the imaginary grade used for the purpose of
measuring height can be documented for a future expansion or alteration.
The natural grade will fluctuate on some sites
and on occasion it falls in two different
directions. With the height limit following this
three "dirfiensional ' contour, designing a
residence to the limits of the code, which is
the trend these days, is very difficult. Plan
checking the project becomes a labor
intensive task even for an experienced
planner and it is conducive to errors by the
less experienced. The plan checking
dilemma is further complicated with the
application of the imaginary roof plane
extension. It has lead to very complicated,
multi -faceted roof designs (see photo)
creating construction and administrative
burdens. Today, planning staff spends 2-3
hours on height alone per plan check. The
present system has created an environment
for mistakes to be made more readily.
Additionally, it is possible to mislead staff with sloppy, inaccurate, incomplete, or false
survey information or building plans. Any of these situations can lead to or enable
Grade and Structure Height
April 27, 2004
Page 5
undesirable outcomes, such those projects that lead to the adoption of the Special
Circumstance Variance process.
A SOLUTION IS NEEDED
The current system is too complex since it is based upon the term natural grade and the
roof slope average has been misapplied. Obviously the misapplication of the roof slope
extension can be easily be addressed through the discontinuance of its application, but
staff believes a more fundamental reform of the system is warranted. Staff believes that
system can be simplified while achieving most design goals of builders and property
owners and maintaining protections from over construction that have been expressed
by the community. The following goals can be achieved with a simplified system:
a) Reduce design time
b) Reduce plan check time
c) Easier administer of the code over the long term
d) Reduce the environment for mistakes and abuse
A PROPOSED SOLUTION - DRAFT CODE AMENDMENT
An amendment to Chapter 20.65 (Height Limits) is necessary in order to correct the
deficiencies identified above. The revisions should begin with Section 20.65.030, which
is inaccurately titled "Height of Structure." As demonstrated earlier, the method of
measurement prescribed by this section does not reflect the true height of a structure.
Rather, it sets a height limit measured from the natural grade which, in most cases, no
longer exists. It should be replaced with a procedure that measures height from an
elevation that is. based on the existing grade; which reflects the surface of the ground as
it -exists prior to rtistorbance in preparation for'a'project rather than the unaltered natural
surface of the ground. Elevations should also be referenced to a fixed reference point
that can be verified in the field in order to insure compliance with the height limits
established by Section 20.65.040 (Height Limitation Zones). Finally, the procedure
should be simple to plan check.
The proposed code amendment (see Exhibit No. 4) revises Section 20.65.030 so that
height is measured from a horizontal plane based on the average elevation of existing
grade at all corners of the buildable area of the lot (see Exhibit No. 1). In situations
where- retaining walls or planters result in an existing grade that is -not clearly
representative of the topography, the Planning Director will select an elevation that
minimizes, to the extent reasonably possible, adverse impacts on adjacent properties
and encourages some degree of consistency with the maximum building height limits of
adjacent properties.. The existing grade will be referenced (a vertical datum) to the
elevation of the curb at the midpoint of the front lot line. This approach is not expected
to significantly alter the height limit on level lots (see Exhibit No. 2). However, it will
severely limit the practice of using the elevation differential between the natural grade
and the finished grade to construct structures taller than might otherwise be expected
by the City's height limits.
Grade and Structure Height
April 27, 2004
Page 6
Using the average elevation of existing grade of the buildable area of the lot would be
too restrictive on lots containing slopes. Therefore, on the portion of a lot with a slope of
more than 10 percent, the height limit will be an inclined plane (daylight plane)
beginning at the height limit on the top of the slope and extending to the height limit at
the toe of the slope (see Exhibit No. 3). No portion of a structure will be permitted to
intercept this daylight plane. This approach will allow development on slopes to develop
to the City's height limits.
The proposed revision would also delete the provision that established the method of
measuring the height of a sloped roof. The ridge of a sloped' roof will no longer be
permitted to extend more than 5 feet above the height limit. All parts of the structure
would have to be constructed within the height limits, with the limited exceptions for
chimneys, vents, cupolas, and similar features provided for in Section 20.65.070
(Exceptions to Height Limits). Removing this provision would more stringently
implement the City's height limits and simplify the plan check process. However, it
could also result in fewer designs with sloped roofs, which the current provision was
clearly intended to encourage. ' However, some adjustment to the actual height limit
could minimize this potential effect.
Finally, the proposed revision would delete the procedures for establishing grade in
cases where the natural grade or finished grade is deemed inappropriate or unworkable
for the purpose of measuring height. If the proposed code amendment is adopted,
height would be measured from the average elevation of existing grade of the buildable
area of the lot; therefore, this procedure would no longer be necessary.
ISSUES THAT NEED TO BE RESOLVED.
Staff is recommending the initiation of a code amendment with the intent of changing
the way in which grade and height is determined. A resolution of intent to amend the
Zoning Code appears on the regular agenda this evening. An initial draft of the
proposed changes has been identified and will require.further study and input from the
community. Should this be the wishes of the Council, the initiation of the amendment is
this evening is suggested.
Two unresolved issues remain, setting aside the specific language of the amendment;
1. How should plans in the pipeline be addressed?
2. How should the City phaseout the imaginary roof extension?
Grade and Structure Height
April 27, 2004
Page 7
THE NEXT STEP
Staff would like feedback on the following work plan:
1) Initiate a dialog with design professionals on the proposed changes to the how
height and grade is measured.
2) Phase out the imaginary roof extension within 60 days of initiation of the code
amendment.
3) Upon initiation of a code amendment, target adoption of the new standards in
August of 2004 or sooner.
Prepared by:
14�d-
IL�rick Alfo ,mes Campbell, enio Pla er PatSen' Planner
bmitted By:
Patricia L. Temple, PI nning Director
EXHIBITS
1. Height Measurement — Proposed Method
2. Height Measurement — Existing and Proposed
3. Height Measurement — Sloped Lots
4. Proposed revisions to Chapter 20.65
5. Planning Staff Report dated February 5, 2004
6. Excerpt of Planning Commission Minutes from February 5, 2004
Height Measurement
Proposed Method
---Height limit (24'-0") above
...a horizontal plane based on
average of existing grade
at four corners of buildable
area (26'-4.5")
E1+E2+E3+E4
4
El = 100.
=1
= 100.5'
E3 = 104.25'
Exhibit 1
Height Measurement
Existing and Proposed
Height limit Height limit
proposed under existing
under
p p regulations
amendment
Horizontal plane based on
average of existing grade
at four corners of buildable
area
sit
SOMA
TM
24'-0" I
"Natural" Grade
Finished Grade
Exhibit 2
Height Measurement
Sloped Lots
Horizontal plane based on
average of existing grade
at four corners of buildable
Toe
Of
Slope
�& Exhibit 3
Page 20.65-1
Height Limits
CHAPTER 20.65
HEIGHT LIMITS
Sections:
20.65.010
Purpose
20.65.020
Effect of Chapter
20.65.030
Measurement of Height
20.65.040
Height Limitation Zones
20.65.050
Planned Community Districts
20.65.060
Procedure to Exceed Height Limits
20.65.070
Exceptions to Height Limits
20.65.080
Airport Height Limits
20.65.010 Purpose
A. This chapter establishes regulations on the height of buildings throughout the
City in order to ensure that the unique character and scale of Newport Beach
is preserved.
B. This chapter creates 5 height limitation zones which govern building height
but allow design flexibility with City review.
C. These regulations shall be reviewed and revised as necessary.
20.65.020 Effect of Chapter
All sections of this code shall be subject to the provisions of this chapter.
20.66.030 Measurement of Height
A. Height Limits. For purposes of determining compliance with the height limits
established by Section 20.65.040, height shall be measured from a
horizontal plane established by determining the average elevation of existing
grade at all corners of the buildable area of the lot. In situations where the
elevation of existing grade at buildable area of the lot is not clearly
representative of the topography (i.e., due to the presence of structures such
as retaining walls or planters) the Planning Director -shall select an elevation
that minimizes, to the extent reasonably possible, adverse impacts on
adjacent properties and encourages some degree of consistency in the
maximum building height limits of adjacent properties.
DRAFT
EXHIBIT4 1k
Page 20.65-2
Height Limits
B. Exceptions.
Sloped Lots. On the portion of a lot that has a gradient in excess of
10 percent (i.e., 10 feet of vertical distance for each 100 feet of
horizontal distance) and a minimum elevation differential of 5 feet,
structures shall not intercept a daylight plane inclined inward from the
height limit measured from top of the slope to the height limit
measured from the toe of the slope:
2. Flood Hazard Areas. In flood hazard areas, the height shall be
measured from the .finished floor of any portion of the principal
building where habitable space is required to be elevated to the
elevation established by the Flood Insurance Rate Maps recognized
by the Building Department as part of flood safety requirements and
maps adopted by City Council. Notwithstanding the building
elevations established by the Flood Insurance Rate Maps, the
minimum required first floor finished floor elevation for the interior
living areas of all new structures shall be at least 9 feet North
Ameridan Vertical Datum (NAVD 88) consistent with the Public Works
Department standard for bulkhead elevation.
3. Ocean Boulevard. Structures on the bluff side of Ocean Boulevard
in Corona del Mar, which were in existence or under construction on
the effective date of this chapter (October 11, 1972) may be changed
provided such change does not result in a roof height above top of
curb and provided further that the roof height does not exceed the
height limit established by the 24/28 Height Limitation Zone. For
purposes of this chapter, the top of curb height limitation shall be
established by a horizontal plane created by the extension of the top
of curb line across each site located on the bluff side of Ocean
Boulevard. Where a question arises as to the interpretation of this
code, the Planning Director shall review and render a decision. New
structures may be constructed on vacant sites subject to the same
criteria.
C. Vertical Datum. Existing grade and horizontal plane shall be referenced to a
vertical datum (100) set at a point created by the intersection of the curb and
aline perpendicular to and intersecting the midpoint of the front lot line. If no
curb exists, the elevation of the centerline of the street at a point created by
the intersection of the centerline of the street and a line perpendicular to and
intersecting the midpoint of the front property line shall be used. On flag lots
and lots not located on a street, the elevation at the midpoint of the front
property line shall be used.
DRAFT
IXHIBIT4
Page 20.65-4
Height Limits
20.65.060 Planned Community Districts
In each planned community district established subsequent to the adoption this chapter,
the height limits shall be established as part of the planned community development plan;
provided, however, that in no event shall the development exceed the height limits
permitted in the height limitation zones as set forth under Section 20.65.040 and as
designated below:
24/28 FOOT HEIGHT LIMITATION ZONE.
Upper Newport Bay Planned Community as established by Ordinance
No. 1537 adopted December 17, 1973 (Amendment No. 409).
20.66.060 Procedure to Exceed Height Limits
A. Findings. The Planning Commission or City Council in approving any
planned community district, any specific plan, or in granting any use permit
for structures in excess of the basic height limit in any district shall find that
each of the following four points have been complied with:
The increased building height would result in more public visual open
space and views than is required by the basic height limit in any zone.
Particular attention shall be given to the location of the structure on the
lot, the percentage of ground cover, and the treatment of all setback and
open areas.
• •• - •2-..The- increased •- building height would result in _ a more -desirable...
architectural treatment of the building and a stronger and more appealing
visual character of the area than is required by the basic height limit in
any zone.
3. The increased building height would not result in undesirable or abrupt
scale relationships being created between the structure and existing
developments or public spaces. Particular attention shall be given to the
total bulk of the structure including both horizontal and vertical
dimensions.
4. The structure shall have no more floor area than could have been
achieved without the use permit.
B. Existing Structures. The use permit application fee shall be waived for any
single family home in the R-1 District that is replacing a structure that was in
existence on the effective date of this chapter (October 11, 1972).
DRAFT
EXHIBIT4 ���
Page 20.65-5
Height Limits
20.65.070 Exceptions to Height Limits
A. Architectural Features and Solar Equipment. Architectural feature's such as,
but not limited to, cupolas, weathervanes, open protective railings for
stairways, and other decorative roof -top features of an open nature, and
solar equipment, but excluding parapet walls, may be permitted in excess of
permitted height limits subject to the approval of a modification permit.
B. Mechanical Equipment and Stairwells. Elevator shafts, enclosed stairwells
and screened mechanical equipment, totaling no more than 25 square feet,
shall be permitted to up to 5 feet in excess of the height limits.
C. Chimneys and Vents. Chimneys and vents shall be permitted in excess of
height limits to the minimum extent required by the Uniform Building Code
plus an additional 12 inches for the provision of spark arrestor apparatus or
architectural features of a decorative screening nature. Any such structures
or features exceeding the Uniform Building Code requirements shall be
subject to the following criteria:
That the overall dimensions of the chimney shall be limited to a
maximum width of 2 feet by a maximum length of 4 feet for any
portion of the structure which exceeds the Uniform Building Code
requirements.
2. That the allowance for the additional 12 inches shall be solely for the
incorporation of a spark arrestor as required by the manufacturer or
for the incorporation of an architectural screening or treatment.
All chimneys and vents exceeding the minimum height required by the
Uniform Building Code, with the exception of an additional 12 inches for
spark arrestor apparatus or architectural features of a decorative screening
nature, shall be subject to the approval of a modification permit.
D. Skylights and Roof Windows. The terms skylights and•roofwindows shall be
interchangeable and shall be permitted in excess of the average height
permitted in the Height Limitation Zones only as indicated in the following.
However, in no case shall any portion of any such skylight or roof window
structure exceed the maximum ridge height allowed for any roof in the Height
Limitation Zone in which the structure is located. Any such skylight or roof
window which is openable shall not be permitted under this section, except
those which slide open within the same plane as the frame of the structure,
or open to the interior of the building only. Any such structure orfeature shall
be limited as follows:
When mounting on a flat roof structure, the maximum height
measured at the highest point of the proposed skylight or roof
window, in a plane parallel to the plane of the roof structure, shall not
exceed an elevation of 6 inches above the average roof height as
DRAFT
EXHIBIT
Page 20.65-6
Height Limits
provided by the Height Limitation Zone, or 6 inches above the finished
surface of a conforming roof structure, whichever is less.
2. When mounting on a sloping roof structure, the maximum height
measured at the highest point of the proposed skylight or roof
window, in a plane parallel to the plane of the roof structure, shall not
exceed an elevation of 6 inches above the finished surface of the
conforming roof structure.
3. That in the areas of the City where a Height Limitation Zone is
superseded by more restrictive height limitations or by a discretionary
approval of the Planning Commission or the City Council, this section
shall not be applied.
E. Flag Poles. Flag poles shall be permitted in the 24/28 and the 28/32 Foot
Height Limitation Zones not to exceed a height of 35 feet. Flag poles shall
be permitted in the 26/35 and the 32/50 Foot Height Limitation Zones not to
exceed a height of 50 feet. All other flag poles in excess of the height limits
noted above may be permitted subject to the approval of the Planning
Commission.
F. Boat Cranes. Boat cranes used in conjunction with an approved marine -
oriented use may be permitted to exceed the basic height limit applicable to
the district in which it -is located, up to a maximum operating height of 70 feet,
subject to the approval of the Planning Commission.
G. Churches. Church structures used for church purposes shall be exempt from
...... .. ....the restrictions of this chapter, except that any such structure exceeding 35
feet in height shall require a use permit.
20.66.080 Airport Height Limits
Any project which requires a notice of construction or alteration by the Federal Aviation
Administration Regulations Part 77 shall require FAA compliance, and the applicant shall
submit a copy of the FAA application to the Airport Land Use Commission (ALUC) and
provide the City with FAA and ALUC responses. If the ALUC requests review of the
project, then the project shall be submitted to the commission by the City. Commission
determination shall be referred to the City within 60 calendar days from the date of referral
of the application to the ALUC, and shall be considered before the City takes any action on
the project. If the Commission fails to refer the determination within that period, the
proposed project shall be deemed consistent with the Airport Environs Land Use Plan
(AELUP).
DRAFT
EXHIBIT4
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
February 5, 2004
TO: PLANNING COMMISSION FILE
COPY
FROM: James Campbell, Senior Planner L
(949) 644-3210, iampbell Dcity.newport-beach.ca.us.
SUBJECT: Grade and Structure Height
Introduction
Commissioner Eaton requested a report from staff on the definition of grade and
how the height of buildings and structures is measured.
Discussion
The Municipal Code establishes how the height of structure is determined.
Specifically, Section 20.65.030.A states:
°Height of Structure. The height of a structure shall be the vertical distance between
the highest point of the structure and the grade directly below. In determining the
height of a sloped roof,, the measurement shall_be tho .yortical distanc@ between the
grade and the midpoint of the roof plane, as measured from the ridge of the roof to
where the wall plate intersects the roof plane, provided that no part of the roof shall
extend more than 5 feet above the permitted height in. the height limitation zone."
Grade is defined as the unaltered vertical location of the ground surface unless it
is altered or some other grade is identified. Section 20.65.030.E states:
`Grade. For the purpose of measuring height, the grade shall be the unaltered
natural vertical location of the ground surface unless one of the following applies:
At the time of subdivision, the City has approved a grading plan or map,
under which circumstances grade shall be finished grade as shown on the
plan or map so approved. For sites that were developed without or prior to
the requirement for a grading plan or map, the Planning Department shall
exercise its best efforts to determine the location of grade for the purpose of
measuring height. In so doing, the Planning Department shall use existing
on -site elevations and contours, as well as the elevations and contours of
adjoining and nearby properties to determine the natural profile of the site. In
cases where retaining walls have been constructed or filled surfaces have
been used for the purpose of measuring height prior to October 12, 1972, the
11
buildings are also required to elevate the lowest inhabited finished floor
and the height limit is measured from the 6.27 feet above MSL. As with
the residential garages, parking areas and parking garages do not have to
elevate above 6.27 feet above.MSL and the height limit is measured from
the natural grade as opposed to the elevated portion of the building.
Issues
The primary difficulty in implementation of the height limit is in the determination
of what grade should be for the purpose of measuring height when a site is
developed or otherwise altered. Applicants are increasingly requesting a grade
determination based upon their belief that the existing elevations and contours of
the site and its surroundings were excavated and do not represent the "natural"
profile of the site. Estimating the historic grade is difficult when limited or no
information of past grades exists. Most of these requests relate to sites that were
developed prior to October 1972, and it is a rare event to have a grading plan
that shows the natural profile of the site and proposed grades at the time of
development. In looking at many sloping properties today, retaining walls are
evidence of excavation and applicants want to use the prior natural grade to gain
additional height for their proposals to increase property values.
History
The history of the evolution of the definition of grade and building height tells an
interesting tale. Prior to 1950, there was no definition of grade within the -Zoning
Code and the height of a building was "the vertical distance measured from the
average level of the highest and lowest point of that portion of the site to be
covered •-by :the building to the ceiling of the uppermost story:" In-1-950, the
definition was changed such that the. upper measurement was taken from the
"topmost point of the roof." In 1965, a definition of grade was adopted and the
average level of the portion of the lot covered by the building was again used,
however projecting balconies were included in the building coverage. Artificial
grade was specifically excluded from use unless it was authorized by the
Planning Commission. The record from 1965 does not explain why this change
was made, but staff theorizes that it was may have been response using the
grades of excavated surfaces when property owners desired to build up.
In 1972, the City first used the term "natural" within the definition of the term
grade. Ordinance No. 1454 states: "For the purpose of measuring height, the
grade shall be natural grade unless the Planning Commission approves a
grading plan or map, or a grading permit has been issued on or before the
effective date of this ordinance, "under which circumstances grade shall be
finished grade as shown on the plan or map so approved..." This standard
permits the use of finished grade only for prior approvals issued by the Planning
Commission; otherwise, natural grade (which• was not specifically defined) is
used. The changes in 1972 also included the Planning Commission's ability to
d
prohibition of using excavated surfaces and the use of filled surfaces including
foundations and retaining walls has been consistently and broadly applied for
many years.
Natural grade can be a difficult concept when viewed from the outside. A
property is judged by its physical attributes and owners and neighbors formulate
expectations about a property based upon what they see. Designing a building or
structure to a grade that has not been seen for 20, 40 or 80 years, although
potentially beneficial to a, property owner, will contradict the expectations
neighbors and the community.
Staff also believes that unequal application of tl
determining the natural profile of a site is sub
historical data is available. Finally, the administra
and oftentimes uncertain grades can be abL
information. As time goes on, the system relies i
of all surveys and grading plans so someone can
design.
ie height limit is possible since
active when unclear or limited
`ion of a system using historical
sed with faulty or inaccurate
pore heavily upon the retention
use that information for a future
Finally;- -recent,-occurrences -have, revealed 'an exploitable weakness iri msing'
"existing" or _"natural" grade for the purpose of measuring height. -During the
process of new construction, over excavation of the land to build a foundation
essentially removes the grade used to measure height. Once this is done, staff is
wholly reliant on the survey and plan information in the construction documents
to insure a project's compliance with height limits. This has lead staff to conclude
that a system using a more permanent benchmark may be preferable.
..Staff -would like the Commission's support.to. examine different methods of
measuring and administering building and structure height. Staff would not like to
see a relaxation of height standards, unless the Community wanted it and the
Council directed it, but we would like to pursue a system that is easier to
understand and administer while meeting community expectations.
Prepared by: Submitted by:
mes Camp ell, Sen' r Planner
Q4M C4 M
Patricia L. Temple,'Planning Director
I
Planning Commission Minutes 02/05/2004
Page 3 of 6
Noes: McDaniel
Absent: None
Abstain: None
SUBJECT: Grade and Structure height (PA2003-174) ITEM NO. 3
PA20
Discussion of the definition of grade and how building height is measured.
Discussion
Ms. Temple noted that recently when the Commission had seen an interest
or need to make substantive revisions to the Code, we have found that it is
far better to bring the issue to the City Council with the question as to
whether both staff and the Planning Commission should spend some time
on it. This is how we dealt with the questions on changes to the
Modification Permit findings. Staff has some administrative problems with,
some of the verbiage and concepts in the Code that were introduced in
1972 in terms of height measurement. In these days, with the pressure to
optimize height and floor areas, we are starting to see pressure on how we
administer the Code on a consistent basis. Staff would like to have a
system that is straight forward and easier to administer as a lot of staff time
is expended to explain how measurements are done and what the words
mean. If we could find an acceptable firm bench mark that is not disturbed
by construction and makes sense for at least the flat areas in town then the
answer is the answer, and there is no equivocation. We would end up
having a bifurcated height measurement provisions because we do need
special provisions for slope and cliff areas. One thing the Commission could
do would be to agree with staff that the item is worthy of discussion and ask
staff to carry a report to perhaps a City Council Study session and ask for
their direction of staff and Commission involvement.
Commissioner. Eaton noted that the staff. report does. -a good --job of ------
illustrating what the problems are and recommends that this item be
brought forward to the City Council. He then asked about verbiage
regarding using a basement for height limits.
Ms. Temple answered the reason for that language is because they didn't
want to have to measure height from a basement. Therefore, it said that if
you have excavated for a basement, you go back to what would have been
the original grade.
A brief discussion followed on:
. defining the problem,
. involving research both internal and outside sources for model
codes,
. staff time,
. existing status,
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Planning Commission Minutes 02/05/2004
Page 4 of 6
. use of grade benchmarks,
. use and means of permanent benchmarks,
*increasingly burdensome problem particular
properties,
. use of artificial surfaces,
. alteration of natural grade,
. limiting amount of soil export/import,
. flexibility within the standards,
. Code interpretation,
. clarification issues,
. terminology definitions,
to sloping
Commission Kiser noted his support of this item being presented to
the City Council for their direction.
Commissioner Tucker, referencing an application of setting a grade
recently, noted that it was unusual way to do business to try to figure
out what natural grade was for something that had been altered so
many years ago. The way it seems to work, if you do some alteration
-ort•a-lot that an earlier--alteration-occurred. prior to 1972;.you•are
operating under one standard. If your lot next door has had no
alteration and now you are ready to remodel, you will have a different
standard. That is exactly what we grappled with when we tried to
make a decision looking back into the past. I am supportive of the
Council looking at this issue and deciding whether they think it is
worth our while or not. He noted that he believes the big issue is
determining natural grade for post 1972 non -subdivision properties
where there has not been alterations occurring prior to 1972.
Motion was made by Commissioner
City Council have a study session
manner in which permissible height is
warranted.
Public comment was opened.
Public comment was closed.
Tucker to recommend that the
to consider if changes in the
determined under the Code is
Commissioner Selich noted that the problem seems to be that people
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Planning Commission Minutes 02/05/2004
Page 5 of 6
are trying to push how much floor area they can get in these
structures and are trying to get the third story or partial third story.
Consideration should be given for a two story height limit in the non -
cliff areas where there is cascading down the hill.
Toerge, McDaniel,
ADDITIONAL BUSINESS:
a. City Council Follow-up - Ms. Temple reported that the Council
adopted on second reading the changes to the Zoning Code
regarding landmark buildings; ordinance was passed to second
reading on the pre -zoning of Annexation of Area 8 and the
Emerson Street Tract; adopted on second reading the areas of
annexation; letter to City of Irvine regarding transfer and
conversion of commercial entitlement to residential just below
the 405 Freeway.
b. Oral report from Planning Commission's representative to the
Economic Development Committee - none.
c. Report from Planning Commission's representatives to the
General Plan Update Committee - none.
d. Report from Planning Commission's representative to the Local
Coastal Plan Update Committee - Committee reviewed final
changes to Chapter 4, and directed staff to prepare a final draft
and commence the public hearing process with the Planning
Commission. This item is scheduled for March 4th.
e. Matters which a Planning Commissioner would like staff to
report on at a subsequent meeting - none.
f. Matters which a Planning Commissioner may wish to place on a
future agenda for action and staff report - none.
g. Status Reports on Planning Commission requests - Ms. Temple
noted that this list will be prioritized per staff research
allowance.
h. Project status - Marina Park EIR is scheduled for mid April
publication; St Mark's and St. Andrew's is scheduled for mid
March publication. Copies will be sent to the Commissioners as
ADDITIONAL
BUSINESS
http://www.city.newport-beach.ca.,us/PlnAgendas/Mn0205.htm 04/20/2004 ��
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CITY OF NEWPORT BEACH
REQUEST FOR QUALIFICATIONS
ZONING CODE UPDATE CONSULTANT
INTRODUCTION
The City of Newport Beach requests statements of qualifications from
professional planning firms to serve as a consultant to the City on an update of
the Zoning Code.
BACKGROUND
Newport Beach is a community of 81,000 year-round residents and over 30,000
additional summertime residents. Newport Beach covers 25.4 square miles,
including 2.5 square miles of bay and harbor waters. The City has over 30 miles
of bay and ocean waterfront. The City of Newport Beach incorporated in 1906
and became a charter city in 1954. The City operates under a Council -Manager
form of government with a City Manager and a seven -member City Council from
which the mayor is selected.
First adopted in 1950, the current Zoning Code and has been amended
numerous times, including significant formatting updates in 1976 and 1996. The
Zoning Code regulations have evolved over time into a combination of very
complicated standards combined with a high number of exceptions and special
provisions for unusual situations. This complexity has made plan checking for
zoning compliance a long and laborious process that has resulted in a significant
backlog.
DEFINITION OF TASK
The City intends to make significant amendments to the Zoning Code to simplify
the residential and commercial development regulations to improve efficiency, to
make the rules more easily understood by the public and the design community
and reduce the potential for plan check errors, unequal application, and fraud.
The consultant would work with Planning Department staff and a steering
a,l
committee to identify the most problematic sections of the Zoning Code and
develop a set of potential code amendments to address these problems.
SUBMITTAL REQUIREMENTS
The following information is requested to enable the City to evaluate consultants'
qualifications.
Describe the experience of the consultant/firm in drafting or updating zoning
regulations and procedures. If experience with similar projects is available,
provide the dates the projects were accomplished and the names and telephone
numbers of project contacts. Explain the direct role of the consultant/firm if it was
not the prime consultant, and describe the role of the consultant/firm Project
Manager in these projects.
If a team approach for this project typically will be used, identify each
subconsultant's relevant experience, the names of subconsultant contacts and
their telephone numbers. If a team approach will be used, discuss the history of
interaction between various members of the team.
Identify the consultant(s) familiarity with Newport Beach, including any previous
assignments in the City and assignments with other communities with similar
characteristics or issues.
Include the resumes of key individuals who will be assigned to the project,
including individuals from any subconsultant who will be involved in the project.
Provide a current reference list of a minimum of three clients, which includes
names and telephone numbers of individuals who have a history of working with
the consultant. Please identify the project for which the services were provided.
If experience with similar consulting projects is available, provide a reference list
of these clients and contact their information.
DEADLINE
The required submittals are due by 5:00 p.m. on * *, 2005. Please submit
qualification information to:
Gregg Ramirez, Senior Planner
City of Newport Beach
Planning Department
P.O. Box 1768
Newport Beach, CA 92658-8915
(949) 644-3219
gram irez@city. newport-beach.ca. us
2
Please submit three (3) copies of your qualifications. Facsimile and electronic
submissions will not be accepted. All questions, exceptions and requests for
clarification should be included in the cover letter accompanying the submittal.
SELECTION PROCESS
The City will appoint a committee to review the statement of qualifications.
Consultants that meet the City's requirements will be notified. The City of
Newport Beach reserves the right to reject all responses and terminate or reopen
the selection process at any time.
July 27, 2005
Ms. Patricia L. Temple
Director, Planning Department
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, CA 92658-8915
Subject: 'Proposal for the examination/revision of residential development standards and
identification of Zoning Code issues
Dear Ms. Temple:
Thank you for inviting us to discuss the City's short-term project to review, revise and
simplify the residential development standards and the City's long-term plans to update
the Zoning Code, including the review of nonresidential development standards. Based
on our recent discussions, this proposal will address our proposed approach to the
examination/revision of the Zoning Code's existing residential development standards
and to the identification of for developing a scope of work to update the Zoning Code.
We are also available to prepare any environmental documentation that may be required
for the project.
The attached recommended work plan is based on our current understanding of the
City's needs and our experience with other similar projects. We anticipate working very
closely with City staff and the Council's appointed advisory committee throughout the
process of document preparation, review, and adoption. And, as always, we will be
highly responsive to any evolving City or committee objectives as they may develop over
the course of the project.
We welcome the opportunity to work with the City of Newport Beach on this project.
Please do not hesitate to contact me at (949) 855-5778 if you require any additional
information. We encourage you to contact our past clients who can attest to the RBF
team's ability to deliver an excellent product that meets the City's needs. Finally, please
note that I am the contact person for the team and that I am authorized to represent and
bind RBF Consulting and the project team to the statements made in this letter proposal.
Respectfully submitted,
RBF Consulting
Ron Pflugrath, AICP
Vice President
Director of Planning and Design
City of Newport Beach Page 1 of 4
Proposal for Consulting Services
WORK PLAN AND BUDGET
Examination/Revision of Residential Development Standards
and Identification of Zoning Code Issues
1. Document review. The project team will review all City documents relevant to the
examination/revision of the residential and nonresidential development standards
and the overall update of the Zoning Code, including but not limited to the draft of the
General Plan currently being updated and the existing Zoning Code.
Budget: $2,000
2. Meetings with staff (4). The consultant team will conduct up to four meetings with
appropriate City staff members to:
• Review the City's expectations for the project
• Discuss problems and issues associated with existing residential development
standards.
• Tour the City to observe actual built conditions.
• Review preliminary format and organization alternatives.
• Identify issues related to the overall update of the Zoning code in three tiers of
importance; urgent, needed but not urgent, and fixes for things that no longer
work.
• Receive input on draft documents related to residential development standards
and list of issues related to the overall update of the Zoning Code.
Some meetings with staff may follow other meetings with the Advisory Committee as
a follow up measure and staff meetings can be converted to Advisory Committee
meetings if desired. At least two members of the consultant team will attend each
meeting. If desired by the City, the consultants will attend additional meetings on a
time and materials basis ($1,000 per consultant per additional meeting).
Budget: $8,000
3. Meetings with Advisory Committee (3). The consultant team will conduct up to
three meetings with the Council -appointed Advisory Committee to:
• Review the City's and Committee's expectations for the first phase project.
• Discuss project schedule and anticipated products.
• Discuss problems and issues associated with existing residential development
standards.
• Identify issues related to the overall update of the Zoning code in three tiers of
importance; urgent, needed but not urgent, and fixes for things that no longer
work.
• Receive input on draft documents related to residential development standards
and list of issues related to the overall update of the Zoning Code.
City of Newport Beach
Proposal for Consulting Services
Page 2 of 4
At least two members of the consultant team will attend each meeting. If desired by
the City, the consultants will attend additional meetings on a time and materials
basis.
Budget: $6,000
5. Initial Draft. Following the initial meetings with staff and the Advisory Committee,
the consultant team will prepare a draft of the residential development standards in a
format compatible with the existing Zoning Code. The preparation of the initial draft
will be based on our knowledge and experience with similar projects and may also
involve research as to industry standards and alternative approaches. A preliminary
set of graphics and illustrations will be included, where needed.
Budget: $8,000
6. Second Draft. Following input from staff and the Advisory Committee, the initial
draft residential development standards will be amended and a second draft will be
prepared for presentation to staff and the committee for review and input.
Budget: $3,000
7. Public Hearing Draft. Following input from staff and the committee, the second
draft residential development standards will be amended and a public hearing draft
will the prepared for presentation to the Planning Commission for review and
recommendation and City Council for review and adoption.
Budget: $1,500
8. List of issues/scope of work. Simultaneous with the examination/revision of the
residential development standards, the consultant team will work with staff and the
Advisory Committee to inventory issues and suggest potential solutions for issues
related to the overall update of the Zoning Code. Up to three revisions/additions to
the list are anticipated. When complete the list will serve as input for the scope of
work to guide the overall update of the Zoning Code.
Budget! $2,000
9. Planning Commission hearings (2). The consultant will attend and participate in
up to two public hearings with the Planning Commission to review the revised
residential development standards. This task anticipates the preparation of a
PowerPoint presentation to assist the commission and public in better understanding
the material being presented. During the hearings, the consultant will provide support
for Commission and public review, as determined appropriate by the City's project
manager, by being available to answer questions about proposed revisions, to
discuss possible changes, and to draft revised language in response to staff or
Commission direction. Only one team member will attend the Commission hearings.
If desired by the City, the consultants will attend additional meetings on a time and
materials basis.
Budget: $2,000
City of Newport Beach
Proposal for Consulting Services
Page 3 of 4
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10. City Council hearings (2). The consultants will attend and participate in up to two
public hearings where the City Council considers the adoption of the residential
development standards. Only one team member will attend the Commission
hearings. The consultants will 'be prepared to present the previously prepared
(Planning Commission) PowerPoint presentation. If desired by the City, the
consultants will attend additional meetings on a time and materials basis.
Budget: $2,000
TOTAL BUDGET: $33,600 *
* The budget may be reduced depending on the number of consultant team
members that attend, meetings.
I:\pdata\00000100\10u1PROPOSAL\Newport Beach\Zoning\Newport Beach Letter Proposal p-28.051.doc
0
STATEMENT OF QUALIFICATIONS
N TO) 0
NEWPORT BEACH
ZONING CODE UPDATE
SUBMITTED BY:
Ron Pflugrath, AICP
Director of Planning and Design
REF Consulting
14725 Alton Parkway
Irvine, California 92618
949-855-5778
a >v ■
CONSULTING
June 30, 2005
Mr. Gregg Ramirez
Senior Planner
City of Newport Beach
Planning Department
Post Office Box 1768
Newport -Beach, CA 92658-8915
Re: Request for Qualifications, Zoning Code Update for the City of Newport Beach
Dear Mr. Ramirez:
RBF Consulting is pleased to submit this statement of qualifications for the preparation
of the zoning code update for the City of Newport Beach. The RBF team has a long-
standing professional relationship and in various combinations has worked on over 80
zoning and subdivision ordinances, unified development codes, design guidelines, and
other types of development regulations. Our team has the staffing resources and a
comprehensive range of experience with similar projects that will enable us to
successfully complete all aspects of the City's project in an effective, timely, and cost
efficient manner.
Our team's objectives for the updated zoning code will be to create a document that is
clear, concise, high quality, comprehensive, user friendly, visually -oriented (i.e.,
graphics, tables, and illustrations), and easy to administer, enforce, and update. The
zoning code update will be drafted to eliminate redundancy and internal conflicts, and
will reorganize the existing zoning code into an integrated, consistent, and logical
structure, along with an improved numbering and organizational system to better
accommodate future changes and expansion.
The team is composed of three well -seasoned professionals, and we believe that our
combined 90 years of experience offers important benefits to the City as it works through
the zoning code update process. In addition, I have become quite familiar with the City
due to my involvement in the preparation of the new sign code. The enclosed statement
of qualifications identifies the specific individuals who will draft the zoning code update
and describes our various backgrounds. We are very much "hands-on" professionals
and gain particular satisfaction from working closely with our municipal clients. The fact
that many of our past clients have engaged us for additional work demonstrates our
ability to deliver timely products and services of high quality, at reasonable cost.
PLANNING ® DESIGN 8 CONSTRUCTION
14726 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 ■ 949.472.3506 ■ Fax 949.472.8373
Offices located throughout California, Arizona & Nevada ■ www.RBF.com
pwwd.mro ded Popov
I Gregg Ramirez, Senior Planner
City of Newport Beach
Page 2
We are excited about the prospect of participating in this important project and are
prepared to demonstrate our sincere interest in working with the City of Newport Beach.
We hope that our enthusiasm for this project is clear and that we will have the
opportunity to work with the City. If you have any questions or need additional
information, please contact me at (949) 855-5778.
Respectfully submitted,
/��,.�. /�V/ �-
Ron Pflugrath, AICP
Senior Associate
Director of Planning and Design
FF
CONOULTING
P"NNINO 0 DESIGN ■ CONSTRUCTION
STATEMENT OF QUALIFICATIONS
FOR
NEWPORT BEACH ZONING CODE UPDATE
SU13AUTTED BY:
Ron Pflugrath, AICP
Director of Planning and Design
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
949-855-5778
Description of Team Staffing, Organization, and Management............................................................................2
ProjectList...............................................................................................................................:.................................5
Selected References...................................................................................................................................................7
Advantagesof Team................................................................................................................................................12
RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Description of Team Staffing, Organization, and Management
Team organization. RBF proposes to assist the City ofNewportBeach in updating its Zoning Code
with a team of seasoned professionals as described below.
City of Newport Beach
Zoning Code Update
Organizational Chart
Ron Pflugrath
RBF
Project Manager
Paul Crawford
Principal
Multad Clark & Associates
Laura Stearns I I Ron Menguita
Planner Mapping
Peggy Preston
Administrative Support
Bruce Jacobson
Principal
Jacobson & Wack
Bob Kiekner
Graphics
Team members. The actual individuals who would draft the updated Newport Beach Zoning Code
are:
o Ron Pflugrath, AICP, of RBF Consulting.
o Paul Crawford, FAICP, of Crawford Multari & Clark (CMCA).
o Bruce Jacobson, of Jacobson & Wack.
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[ RBF Consulting Statement of Qualifications Newport Beach Zoning Code Update
Team responsibilities. The responsibilities of the team would be allocated among the members as
follows:
o Ron Pflugrath would serve as project manager, editor, and primary liaison with the City.
o Paul Crawford would prepare the zoning districts, allowable list of uses, and zone -driven
standards for the updated zoning code.
o Ron Pflugrath would prepare the performance and development standards (e.g., landscaping,
parking, etc.) in concert with Bruce Jacobson.
o Bruce Jacobson would prepare the administrative provisions of the updated zoning code.
o RBF would also be responsible for document production of the updated zoning code.
o RBF and CMCA graphics technicians would prepare the graphics for the updated zoning
code.
t.
Team qualifications. Summaries of team member qualifications and contact information are
provided on the next two pages.
1.
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( RBF Consulting Statement of Qualifications Newport Beach Zoning Code Update
Team Member Oualifications
Ron Pflugrath, AICP
A Senior Associate and Director ofPlanning and Design for RBF Consulting, Ron Pflugrath has over
30 years of varied urban planning experience, including positions with California cities (including
the City of Pomona) and consulting firms. His municipal planning experience covers both current
and advance planning, including preparation of various general plan elements, redevelopment plan
studies, and zoning ordinances. Mr. Pflugrath has worked on over 30 development codes and zoning
ordinances, several of which have received local and State APA planning awards. Mr. Pflugrath was
a major contributor to the national APA award -winning City of San Bernardino Development Code.
Paul Crawford, FAICP
A principal with Crawford Multari & Clark, Paul Crawford's 30-year planning career has focused on
simplifying and clarifying land use regulations for a wide variety of cities and counties. Since 1990,
he has worked on over 60 zoning and development codes, 25 general plans, and numerous other
planning projects for a wide variety of cities and counties. Before forming CMCA, he served from
1980 to 1990 as Director of Planning and Building for San Luis Obispo County and Executive
Director of the San Luis Obispo Council of Governments. His work on the San Luis Obispo County
Land Use Ordinance was recognized by an award from the California Chapter of the American
Planning Association.
Bruce Jacobson
l . A principal with Jacobson & Wack, Bruce Jacobson is a land use planner and administrator with
over 30 years of planning experience. He has prepared over 60 zoning ordinances, subdivision
ordinances, design guidelines, and development codes for a variety of cities and counties. Earlier
planning positions include DeputyPlanning Director for San Luis Obispo County, Principal Planner
for Ventura County, and Planning Director for the City of Santa Paula. His work on the City of San
( Bernardino Development Code was recognized with a national award for outstanding planning from
the American Planning Association. The APA award selection jury cited the Code's easy -to -use
format, graphics, and straightforward (non -legalese) language as major attributes contributing to the
[ "user-friendly" nature of the Code. The San Bernardino Development Code combined zoning,
subdivision, design guidelines, and hillside preservation standards into one comprehensive, internally
integrated document.
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Team Member Contact Information
Ron Pflugrath, AICP
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
949-855-5778
Paul Crawford, FAICP
Crawford Multari & Clark Associates
641 Higuera Street, Suite 302
San Luis Obispo, CA 93401
805-541-2622
Bruce Jacobson
Jacobson & Wack
9530 Hageman Road Suite B-205
Bakersfield, CA 93312
661-213-4100
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Project List
Members of the RBF team have individually, and together, prepared over 80 zoning and
development codes, subdivision ordinances, design guidelines documents, and related regulations, as
both consultants and prior city and county staff. This extensive body ofwork includes the following
projects, some of which are works in progress.
Agricultural Preserve Rules of Procedure, Placer County
Building and Construction Ordinance, San Luis Obispo County
l . Coastal Zoning Ordinance, City of Carmel by -the -Sea
Coastal Zoning Ordinance, City of Guadalupe
Coastal Zoning Ordinance, City of Malibu
l . Coastal Zoning Ordinance, City of Pacific Grove
Coastal Zoning Ordinance, City of Pismo Beach
Coastal Zoning Ordinance, Marin County
Coastal Zoning Ordinance, San Luis Obispo County
Development Code (zoning/subdivision/design), City of Alameda
Development Code (zoning/subdivision/grading/NPDES); City of Calabasas
l Development Code (zoning/subdivision/design), City of Chico
Development Code (zoning/subdivision/design), City of Diamond Bar
[ Development Code (zoning/subdivision), City of Hollister
Development Code (zoning/subdivision), City of Diamond Bar
Development Code (zoning/subdivision/design), City of Lodi
Development Code (zoning/subdivision), City of Norwalk
Development Code (zoning/subdivision/design), City of Pomona
Development Code (zoning/subdivision/design), City of Simi Valley
Development Code (zoning/subdivision/design), City of Sonoma
Development Code (zoning/subdivision), City of Stockton
Development Code (zoning/subdivision/coastal), Marin County
[ Development Code (zoning/subdivision), San Bernardino County
Development Code (zoning/subdivision/coastal), Santa Barbara County
Development Code (zoning/subdivision/coastal), Sonoma County
I , Development Code (zoning/subdivision/design) Town of Truckee
Grading Ordinance, City of Calabasas
f Grading Ordinance, Mendocino County
l . Grading Ordinance, San Luis Obispo County
Land Use and Development Regulations, Port San Luis Harbor District
Land Use Ordinance, San Luis Obispo County
t Mixed Use Ordinance, City of Glendale
Neotraditional Design Options Model Ordinance, San Luis Obispo County COG
t Neotraditional Design Options Ordinance and Design Guidelines, City of Paso Robles
t Sign Ordinance, City of Modesto
Sign Ordinance, City of Newport Beach
Sign Ordinance, City of Pasadena
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
[ Sign Ordinance, City of Sacramento
Sign ordinances with all the above development codes, and the zoning ordinances below
Subdivision Ordinance, City of Buellton
i Subdivision Ordinance, City of Lodi
Subdivision Ordinance, City of Malibu
Subdivision Ordinance, City of South Pasadena
Subdivision Ordinance, Mendocino County
Subdivision ordinances as part of all of the above development codes
(: Zoning Map, City of Culver City
l Zoning Map, City of Calabasas
Zoning Map, City of Diamond Bar
Zoning Map, City of Huntington Beach
Zoning Map, City of South Pasadena
Zoning Map, Town of Loomis
[ Zoning Map, Town of Windsor
Zoning Ordinance, City of Azusa
Zoning Ordinance, City of Buellton
[ Zoning Ordinance, City of Culver City
Zoning Ordinance, City of Desert Hot Springs
Zoning Ordinance, City of El Paso de Robles
f Zoning Ordinance, City of Gustine
Zoning Ordinance, City of Lodi
Zoning Ordinance, City of Lompoc
[ • Zoning Ordinance, City of Malibu
Zoning Ordinance, City of Mountain View
Zoning Ordinance, City of Novato
t . Zoning Ordinance, City of Ojai
Zoning Ordinance, City of Oxnard
Zoning Ordinance, City of Pacific Grove
Zoning Ordinance, City of Pasadena
Zoning Ordinance, City of Pismo Beach
Zoning Ordinance, City of Santa Rosa
Zoning Ordinance, City of South Pasadena
Zoning Ordinance, City of Tustin
fy Zoning Ordinance, City of West Hollywood
Zoning Ordinance, Calaveras County
Zoning Ordinance, Placer County
[ Zoning Ordinance, Solano County
Zoning Ordinance, Town of Loomis
Zoning Ordinance, Town of Windsor
l Zoning Ordinance update technical assistance, City of Fairfield
Zoning Ordinance update technical assistance, City of Palo Alto
Zoning Ordinance update technical assistance, City of Roseville
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l RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
l . Selected References
( The following are references from a small number of our many projects. References to projects for
(, cities are listed first, followed by references to projects for counties. We strongly encourage
contacting our past and current clients regarding our ability to complete our projects and tasks in a
( timely manner, with high quality and accuracy, and within the approved budget. We have never
l . required a budget adjustment for a zoning project unless the client requested additional work
products that were clearly beyond the scope of the original work plan. The following are relevant
examples of our zoning projects.
City of Chico Development Code - Prepareda comprehensive revision to the City's Zoning and
Subdivision Ordinances following the adoption of a new General Plan, and the integration into the
Development Code ofnew community design guidelines. Besides implementing new General Plan
policies involving compact urban form and other community design issues, the update emphasizes
logical organization and ease of use, as well as streamlining the development review process.
Contact: Pam Figge, Senior Planner
City of Chico
P.O. Box 3420
Chico, CA 95927
[ 916-895-4851
City of Diamond Bar Development Code - Prepared a new Development Code for a small City
located in the eastern edge of Los Angeles County.
Contact: Ann Lungu, Senior Planner
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765
909-396-5676
City of Huntington Park - Prepared a comprehensive Zoning Code incorporating zoning and
subdivision regulations into an integrated document.
y Contact: Henry Gray, City Planner
City of Huntington Park
6550 Miles Avenue
[ Huntington Park, CA 90255
(323) 582-6161
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fRBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
{ City of Murrieta Development Code - Prepared a comprehensive Development Code,
incorporating zoning, subdivision, and Citywide design guidelines into an integrated document.
Contact: Patti Nahill, Senior Planner (now a private consultant)
City of Murrieta
26442 Beckman Court
l . Murrieta, CA 92562
909-677-0405
• City of Novato Zoning Ordinance - Prepared a comprehensive update of the Novato Zoning
Ordinance, which followed the adoption of the City's new General Plan. The update focused on
usability, and the integration of new regulations on sensitive habitat and other sensitive
environmental and scenic resources, in compliance with the environmental regulations of the San
Francisco Bay Conservation and Development Commission (BCDC).
Contact: Alan Lazure, Principal Planner
City of Novato
( 900 Sherman Avenue
Novato, CA 94945
r 415-897-4306
City of Pasadena Sign Code — Conducted an in depth sign study, focusing on replacing the existing
sign ordinance with a more updated sign code reflective of the City's future development policies,
[ , specifically focusing on Old Pasadena. The update reduced ambiguity through specific design
standards and helped eliminate code interpretations. Specific citywide design guidelines were
(' implemented to promote quality signs.
Contact: Denver Miller, Principal Planner
City of Pasadena
175 North Garfield Avenue
Pasadena, CA 91109-7215
l 626-744-6733
City of San Bernardino Development Code - Prepared a comprehensive Development Code,
(y incorporating zoning, subdivision, and Citywide design guidelines into an integrated, easy -to -use
t document. Hillside development and ridgeline protection were among the many issues addressed.
Recipient of National APA Outstanding Planning Atvard for Plan Implementation,1992.
' Contact: Valerie Ross, Principal Planner
City of San Bernardino
300 North AD@ Street
San Bernardino, CA 92418
909-384-5057
RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
City of Seaside Zoning Ordinance — Prepared an update to Zoning Ordinance; draft is currently
undergoing public review and comment.
1
Contact: Mary Orrison, Planning Manager
(' City of Seaside
( 440 Harcourt Avenue
Seaside, CA 93955
831-899-6737
City of Stockton Development Code -Prepared a comprehensive Development Code, incorporating
( zoning and subdivision regulations into an integrated document.
Contact: Dianne Keil Smith, Senior Planner
City of Stockton
345 North El Dorado Street
Stockton, CA 95202
Calaveras County Zoning Code — Paul Crawford and Bruce Jacobson are comprehensively
updating the County's outdated Zoning Code.
Contact: Robert Selhnan, Acting Planning Director
209-754-6394
Marin County Development Code - Revised the County s zoning and subdivision ordinances into a
comprehensive Development Code, including regulations for development within the Coastal Zone.
( Issues addressed ranged from standards for high quality urban development, to agricultural land
t preservation, to development within environmentally sensitive areas subject to the different
requirements of the California Coastal Commission and the San Francisco Bay Conservation and
l Development Commission (BCDC).
Contact: Alex Hinds, AICP, Community Development Director
415-499-7880
(:1
RBF Consulting— Statement of Qualifications Newport Beach Zoning Code Update
. Placer County Zoning Ordinance - Completed a reorganization and reformatting of the County s
outdated Zoning Ordinance, including consolidation and redefinition of existing zoning districts, and
the retention of some existing requirements and standards, all with extensive rewriting to improve
l . clarity and understanding. The ordinance deals with land use and development in unincorporated
urban communities and rural areas from the San Joaquin Valley floor to the Sierra around Lake
Tahoe. The standards dealt with a range of issues from senior citizen housing projects within urban
areas, to high-tech business parks, to ski resort facilities.
Contact: Fred Yeager, Planning Director
916-889-7470
San Bernardino County Development Code — Preparing reorganization and update of
Development Code in conjunction with update of General Plan.
Contact: Randy Scott, Division Chief, Advance Planning Division
909-387-4147
lSan Luis Obispo County Land Use Ordinance - Paul Crawford drafted this innovative,
comprehensive replacement for an outdated Zoning Ordinance, which used a single -map for the
purposes of both the Land Use Element of the General Plan and zoning. The Land Use Ordinance
( also provided detailed standards for individual unincorporated communities, to preserve and enhance
their unique character, avoiding the "one size fits all" problems that can result from attempting to
apply countywide regulations to diverse communities and rural areas. The Land Use Ordinance
(, received a Meritorious Program Award from the California Chapter of American Planning
Association in October 1981. Crawford was again hired by San Luis Obispo County to update the
Land Use Ordinance in 2000.
t.
Contact: Alex Hinds, AICP, Marin County Community Development Director
( (former San Luis Obispo County Director of Planning and Building)
1. 415-499-7880
Vic Holanda, AICP, Director of Planning and Building
805-781-5600
l . Santa Barbara County Development Code —Two phase project to reorganize and revise the Santa
t Barbara County Development Code, combining three separate zoning ordinances into one
comprehensive document.
Contact: Tom Fratchey, Project Manager
( 805-797-4482
1.
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RBF Consulting— Statement of Qualifications Newport Beach Zoning Code Update
Solano County Zoning Ordinance - Paul Crawford and Bruce Jacobson are updating the Solano
County Zoning Ordinance to modernize and reorganize its provisions. The County's zoning
regulations address a wide variety of resource -based land uses, as well as the urban development
issues associated with the commute -shed of the San Francisco Bay Area.
Contact: Mike Yankovich, Senior Planner
l 707-421-6765
L
Sonoma County Development Code - Paul Crawford is working with the Sonoma County
Counsel's office and the Permitting and Resource Management Department to complete a
comprehensive reorganization and major revisions to all of the County's development regulations.
This effort is producing a unified, internally consistent Development Code that will serve as a single
reference for all County development requirements.
Contact: Pete Parkinson, AICP, Director
Permitting and Resource Management Department
707-565-1900
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RBF Consulting— Statement of Qualifications Newport Beach Zoning Code Update
Advantages of Team
l . We believe that our team ofprofessionals offers Newport Beach an ideal combination of background
and expertise for preparing all components of the updated Zoning Code. Our knowledge and
experience would ensure that all documents produced would not only be of high technical quality,
but would also be user-friendly, clear, practical, understandable, and easily administered. All team.
members have strong reputations for producing timely, high -quality work. We believe that our team
offers the following advantages:
1. Significant experience with the drafting and adoption of integrated zoning and subdivision
( ordinances, development codes, and other types of development regulations and associated
public participation efforts. The City of San Bernardino Development Code, completed by
Jacobson & Wack and RBF Consulting, received a national award from the American
( Planning Association (APA), and team members have also received numerous awards from
the California Chapter of the APA. These demonstrate our ability to create solutions to
zoning and planning problems that are both innovative and practical.
1.
2. Extensive "hands on" experience with all levels of zoning and subdivision ordinance
administration, ranging from answering zoning inquiries at the "front counter," to the
(, processing of land use permit applications and preparation of staff reports, to division and
department management. We have personally drafted zoning, subdivision, grading, and
f building ordinances, and then been responsible for the administration and enforcement of
t . those regulations. We understand the wide array of day-to-day issues staff must address in
ordinance administration, and the needs of the public for timely, accurate responses to their
questions.
Besides our past experience, our work in zoning and subdivision ordinance administration is
ongoing for several public agency clients. Therefore, our ordinance drafting reflects hands-
on experience, and understanding of current needs and trends within planning and
community development departments, and is not simply an academic or theoretical exercise
1 based on working with codes at some point in the past.
3. Acknowledged experience with successful public participation and outreach programs,
( including public workshops, publicity, and notice materials of all types.
4. Team members regularly share their experiences with, and perspectives on zoning and
[ subdivision ordinance preparation and administration through two professional development
courses: Redesigning the Zoning Ordinance, at UC Davis Extension, and Designing and
Implementing Effective Zoning Ordinances, at UCLA Extension.
5. Our established, effective working relationships as a team, developed from numerous
previous projects, enable us to provide efficient and cost-effective services.
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
6. Our emphasis on firm principals actually drafting our zoning ordinances and development
codes, ensuring that our products reflect the most extensive experience and informed
analysis.
7. Extensive technology resources and expertise, including GIS (Are/Info, ArcView, and
Atlas*GIS), CAD and computer graphics, and website development. The team has prepared
zoning maps for several communities, and has provided both CAD and GIS mapping for
several counties.
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STATEMENT OF QUALIFICATIONS
FOR
NEWPORT BEACH
ZONING CODE UPDATE
SUBMITTED BY:
Ron Pflugrath, AICP
Director of Planning and Design
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
949-855-5778
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' CONSULTING
June 30, 2005
' Mr. Gregg Ramirez
Senior Planner
City of Newport Beach
Planning Department
' Post Office Box 1768
Newport Beach, CA 92658-8915
' Re: Request for Qualifications, Zoning Code Update for the City of Newport Beach
' Dear Mr. Ramirez:
RBF Consulting is pleased to submit this statement of qualifications for the preparation
of the zoning code update for the City of Newport Beach. The RBF team has a long-
standing professional relationship and in various combinations has worked on over 80
' zoning and subdivision ordinances, unified development codes, design guidelines, and
other types of development regulations. Our team has the staffing resources and a
comprehensive range of experience with similar projects that will enable us to
successfully complete all aspects of the City's project in an effective, timely, and cost
efficient manner.
Our team's objectives for the updated zoning code will be to create a document that is
clear, concise, high quality, comprehensive, user friendly, visually -oriented (i.e.,
graphics, tables, and illustrations), and easy to administer, enforce, and update. The
zoning code update will be drafted to eliminate redundancy and internal conflicts, and
will reorganize the existing zoning code into an integrated, consistent, and logical
structure, along with an improved numbering and organizational system to better
accommodate future changes and expansion.
' The team is composed of three well -seasoned professionals, and we believe that our
combined 90 years of experience offers important benefits to the City as it works through
the zoning code update process. In addition, 1 have become quite familiar with the City
due to my involvement in the preparation of the new sign code. The enclosed statement
of qualifications identifies the specific individuals who will draft the zoning code update
and describes our various backgrounds. We are very much "hands-on" professionals
and gain particular satisfaction from working closely with our municipal clients. The fact
that many of our past clients have engaged us for additional work demonstrates our
ability to deliver timely products and services of high quality, at reasonable cost.
' PLANNING 13 DESIGN 13 CONSTRUCTION
' 14725 Alton Parkway, Irvine, CA 92618-2027 ■ P.O. Box 57057, Irvine, CA 92619-7057 ■ 949.472 3505 ■ Fax 949.472.8373
Offices located throughout California, Arizona & Nevada ■ www RBRcom
pnnteaon,erycbtl paper
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Gregg Ramirez, Senior Planner
City of Newport Beach
Page 2
We are excited about the prospect of participating in this important project and are
prepared to demonstrate our sincere interest in working with the City of Newport Beach.
We hope that our enthusiasm for this project is clear and that we will have the
opportunity to work with the City. If you have any questions or need additional
information, please contact me at (949) 855-5778.
Respectfully submitted,
Ron Pflugrath, AICP
Senior Associate
Director of Planning and Design
11
CONGIILTINO
PLANNING 0 GESION ■ CONSTRUCTION
STATEMENT OF QUALIFICATIONS
FOR
' NEWPORT BEACH ZONING CODE UPDATE
SUBMITTED BY:
'
Ron Pflugrath, AICP
Director of Planning and Design
RBF Consulting
'
14725 Alton Parkway
Irvine, California 92618
'
949-855-5778
I
Description of Team Staffing, Organization, and Management............................................................................2
ProjectList.................................................................................................................................................................5
SelectedReferences...................................................................................................................................................7
Advantagesof Team................................................................................................................................................12
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Description of Team Staffing, Organization, and Management
Team organization. RBF proposes to assist the City ofNewport Beach in updating its Zoning Code
with a team of seasoned professionals as described below.
City of Newport Beach
Zoning Code Update
Organizational Chart
Ron Pflugrath
RBF
Project Manager
Paul Crawford
Principal
Multarl Clark & Associates
Laura Stearns Ron Menguita
Planner I I Mapping
Peggy Preston
Administrative Support
Bruce Jacobson
Principal
Jacobson & Wack
Bob Klekner
Graphics
Team members. The actual individuals who would draft the updated Newport Beach Zoning Code
are:
o Ron Pflugrath, AICP, of RBF Consulting.
o Paul Crawford, FAICP, of Crawford Multari & Clark (CMCA).
o Bruce Jacobson, of Jacobson & Wack.
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RBF Consulting Statement of Qualifications Newport Beach Zoning Code Update
Team responsibilities. The responsibilities of the team would be allocated among the members as
follows:
o Ron Pflugrath would serve as project manager, editor, and primary liaison with the City.
o Paul Crawford would prepare the zoning districts, allowable list of uses, and zone -driven
standards for the updated zoning code.
o Ron Pflugrath would prepare the performance and development standards (e.g., landscaping,
parking, etc.) in concert with Bruce Jacobson.
o Bruce Jacobson would prepare the administrative provisions of the updated zoning code.
o RBF would also be responsible for document production of the updated zoning code.
o RBF and CMCA graphics technicians would prepare the graphics for the updated zoning
code.
Team qualifications. Summaries of team member qualifications and contact information are
provided on the next two pages.
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RBF Consulting Statement of Qualifications Newport Beach Zoning Code Update
I
ITeam Member Qualifications
Ron Pflugrath, AICP
A Senior Associate and Director ofPlanning and Design for RBF Consulting, Ron Pflugrath has over
30 years of varied urban planning experience, including positions with California cities (including
the City of Pomona) and consulting firms. His municipal planning experience covers both current
and advance planning, including preparation of various general plan elements, redevelopment plan
studies, and zoning ordinances. Mr. Pflugrath has worked on over 30 development codes and zoning
ordinances, several of which have received local and State APA planning awards. Mr. Pflugrath was
a major contributor to the national APA award -winning City of San Bernardino Development Code.
' Paul Crawford, FAICP
A principal with Crawford Multari & Clark, Paul Crawford's 30-year planning career has focused on
simplifying and clarifying land use regulations for a wide variety of cities and counties. Since 1990,
he has worked on over 60 zoning and development codes, 25 general plans, and numerous other
planning projects for a wide variety of cities and counties. Before forming CMCA, he served from
1980 to 1990 as Director of Planning and Building for San Luis Obispo County and Executive
Director of the San Luis Obispo Council of Governments. His work on the San Luis Obispo County
Land Use Ordinance was recognized by an award from the California Chapter of the American
Planning Association.
Bruce Jacobson
A principal with Jacobson & Wack, Bruce Jacobson is a land use planner and administrator with
over 30 years of planning experience. He has prepared over 60 zoning ordinances, subdivision
ordinances, design guidelines, and development codes for a variety of cities and counties. Earlier
planning positions include DeputyPlanning Director for San Luis Obispo County, Principal Planner
for Ventura County, and Planning Director for the City of Santa Paula. His work on the City of San
Bernardino Development Code was recognized with a national award for outstanding planning from
the American Planning Association. The APA award selection jury cited the Code's easy -to -use
format, graphics, and straightforward (non -legalese) language as major attributes contributing to the
"user-friendly" nature of the Code. The San Bernardino Development Code combined zoning,
subdivision, design guidelines, and hillside preservation standards into one comprehensive, internally
integrated document.
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Team Member Contact Information
Ron Pflugrath, AICP
RBF Consulting
14725 Alton Parkway
Irvine, CA 92618
949-855-5778
Paul Crawford, FAICP
Crawford Multari & Clark Associates
641 Higuera Street, Suite 302
San Luis Obispo, CA 93401
805-541-2622
Bruce Jacobson
Jacobson & Wac
9530 Hageman 1
Bakersfield, CA
661-213-4100
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Project List
Members of the RBF team have individually, and together, prepared over 80 zoning and
development codes, subdivision ordinances, design guidelines documents, and related regulations, as
both consultants and prior city and county staff. This extensive body of work includes the following
projects, some of which are works in progress.
Agricultural Preserve Rules of Procedure, Placer County
Building and Construction Ordinance, San Luis Obispo County
Coastal Zoning Ordinance, City of Carmel by -the -Sea
Coastal Zoning Ordinance, City of Guadalupe
' Coastal Zoning Ordinance, City of Malibu
Coastal Zoning Ordinance, City of Pacific Grove
Coastal Zoning Ordinance, City of Pismo Beach
Coastal Zoning Ordinance, Marin County
Coastal Zoning Ordinance, San Luis Obispo County
' Development Code (zoning/subdivision/design), City of Alameda
Development Code (zoning/subdivision/grading/NPDES), City of Calabasas
Development Code (zoning/subdivision/design), City of Chico
Development Code (zoning/subdivision/design), City of Diamond Bar
Development Code (zoning/subdivision), City of Hollister
Development Code (zoning/subdivision), City of Diamond Bar
' Development Code (zoning/subdivision/design), City of Lodi
Development Code (zoning/subdivision), City of Norwalk
Development Code (zoning/subdivision/design), City of Pomona
Development Code (zoning/subdivision/design), City of Simi Valley
Development Code (zoning/subdivision/design), City of Sonoma
Development Code (zoning/subdivision), City of Stockton
Development Code (zoning/subdivision/coastal), Marin County
Development Code (zoning/subdivision), San Bernardino County
Development Code (zoning/subdivision/coastal), Santa Barbara County
' Development Code (zoning/subdivision/coastal), Sonoma County
Development Code (zoning/subdivision/design) Town of Truckee
Grading Ordinance, City of Calabasas
Grading Ordinance, Mendocino County
Grading Ordinance, San Luis Obispo County
Land Use and Development Regulations, Port San Luis Harbor District
Land Use Ordinance, San Luis Obispo County
Mixed Use Ordinance, City of Glendale
Neotraditional Design Options Model Ordinance, San Luis Obispo County COG
Neotraditional Design Options Ordinance and Design Guidelines, City of Paso Robles
Sign Ordinance, City of Modesto
Sign Ordinance, City of Newport Beach
Sign Ordinance, City of Pasadena
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' RBF Consulting— Statement of Qualifications Newport Beach Zoning Code Update
ISign Ordinance, City of Sacramento
Sign ordinances with all the above development codes, and the zoning ordinances below
Subdivision Ordinance, City of Buellton
'
Subdivision Ordinance, City of Lodi
Subdivision Ordinance, City of Malibu
Subdivision Ordinance, City of South Pasadena
Subdivision Ordinance, Mendocino County
Subdivision ordinances as part of all of the above development codes
Zoning Map, City of Culver City
Zoning Map, City of Calabasas
Zoning Map, City of Diamond Bar
'
Zoning Map, City of Huntington Beach
Zoning Map, City of South Pasadena
Zoning Map, Town of Loomis
Zoning Map, Town of Windsor
Zoning Ordinance, City of Azusa
Zoning Ordinance, City of Buellton
Zoning Ordinance, City of Culver City
Zoning Ordinance, City of Desert Hot Springs
Zoning Ordinance, City of El Paso de Robles
Zoning Ordinance, City of Gustine
Zoning Ordinance, City of Lodi
Zoning Ordinance, City of Lompoc
Zoning Ordinance, City of Malibu
Zoning Ordinance, City of Mountain View
Zoning Ordinance, City of Novato
Zoning Ordinance, City of Ojai
Zoning Ordinance, City of Oxnard
Zoning Ordinance, City of Pacific Grove
Zoning Ordinance, City of Pasadena
Zoning Ordinance, City of Pismo Beach
Zoning Ordinance, City of Santa Rosa
Zoning Ordinance, City of South Pasadena
Zoning Ordinance, City of Tustin
Zoning Ordinance, City of West Hollywood
Zoning Ordinance, Calaveras County
Zoning Ordinance, Placer County
Zoning Ordinance, Solano County
Zoning Ordinance, Town of Loomis
Zoning Ordinance, Town of Windsor
Zoning Ordinance update technical assistance, City of Fairfield
Zoning Ordinance update technical assistance, City of Palo Alto
Zoning Ordinance update technical assistance, City of Roseville
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
ISelected References
The following are references from a small number of our many projects. References to projects for
cities are listed first, followed by references to projects for counties. We strongly encourage
contacting our past and current clients regarding our ability to complete our projects and tasks in a
timely manner, with high quality and accuracy, and within the approved budget. We have never
required a budget adjustment for a zoning project unless the client requested additional work
products that were clearly beyond the scope of the original work plan. The following are relevant
examples of our zoning projects.
City of Chico Development Code - Prepared a comprehensive revision to the City's Zoning and
Subdivision Ordinances following the adoption of a new General Plan, and the integration into the
Development Code of new community design guidelines. Besides implementing new General Plan
policies involving compact urban form and other community design issues, the update emphasizes
logical organization and ease of use, as well as streamlining the development review process.
' Contact: Pam Figge, Senior Planner
City of Chico
P.O. Box 3420
' Chico, CA 95927
916-895-4851
City of Diamond Bar Development Code - Prepared a new Development Code for a small City
located in the eastern edge of Los Angeles County.
Contact: Ann Lungu, Senior Planner
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765
909-396-5676
City of Huntington Park - Prepared a comprehensive Zoning Code incorporating zoning and
subdivision regulations into an integrated document.
Contact: Henry Gray, City Planner
City of Huntington Park
6550 Miles Avenue
Huntington Park, CA 90255
(323)582-6161
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
City of Murrieta Development Code - Prepared a comprehensive Development Code,
incorporating zoning, subdivision, and Citywide design guidelines into an integrated document.
Contact: Patti Nahill, Senior Planner (now a private consultant)
City of Murrieta
26442 Beclanan Court
Murrieta, CA 92562
909-677-0405
City of Novato Zoning Ordinance - Prepared a comprehensive update of the Novato Zoning
Ordinance, which followed the adoption of the City's new General Plan. The update focused on
usability, and the integration of new regulations on sensitive habitat and other sensitive
environmental and scenic resources, in compliance with the environmental regulations of the San
Francisco Bay Conservation and Development Commission (BCDC).
Contact: Alan Lazure, Principal Planner
City of Novato
900 Sherman Avenue
Novato, CA 94945
415-897-4306
City of Pasadena Sign Code— Conducted an in depth sign study, focusing on replacing the existing
sign ordinance with a more updated sign code reflective of the City's future development policies,
specifically focusing on Old Pasadena. The update reduced ambiguity through specific design
standards and helped eliminate code interpretations. Specific citywide design guidelines were
implemented to promote quality signs.
Contact: Denver Miller, Principal Planner
City of Pasadena
175 North Garfield Avenue
Pasadena, CA 91109-7215
626-744-6733
City of San Bernardino Development Code - Prepared a comprehensive Development Code,
incorporating zoning, subdivision, and Citywide design guidelines into an integrated, easy -to -use
document. Hillside development and ridgeline protection were among the many issues addressed.
Recipient of National APA Outstanding Planning Award for Plan Implementation,1992.
Contact: Valerie Ross, Principal Planner
City of San Bernardino
300 North AD@ Street
San Bernardino, CA 92418
909-384-5057
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RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
City of Seaside Zoning Ordinance — Prepared an update to Zoning Ordinance; draft is currently
undergoing public review and comment.
Contact: Mary Orrison, Planning Manager
City of Seaside
440 Harcourt Avenue
Seaside, CA 93955
831-899-6737
City of Stockton Development Code - Prepared a comprehensive Development Code, incorporating
zoning and subdivision regulations into an integrated document.
Contact: Dianne Keil Smith, Senior Planner
City of Stockton
345 North El Dorado Street
Stockton, CA 95202
Calaveras County Zoning Code — Paul Crawford and Bruce Jacobson are comprehensively
updating the County's outdated Zoning Code.
Contact: Robert Selhnan, Acting Planning Director
209-754-6394
Maria County Development Code -Revised the County s zoning and subdivision ordinances into a
comprehensive Development Code, including regulations for development within the Coastal Zone.
Issues addressed ranged from standards for high quality urban development, to agricultural land
preservation, to development within environmentally sensitive areas subject to the different
requirements of the California Coastal Commission and the San Francisco Bay Conservation and
Development Commission (BCDC).
Contact: Alex Hinds, AICP, Community Development Director
415-499-7880
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PBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
Placer County Zoning Ordinance - Completed a reorganization and reformatting of the County's
outdated Zoning Ordinance, including consolidation and redefinition of existing zoning districts, and
the retention of some existing requirements and standards, all with extensive rewriting to improve
clarity and understanding. The ordinance deals with land use and development in unincorporated
urban communities and rural areas from the San Joaquin Valley floor to the Sierra around Lake
Tahoe. The standards dealt with a range of issues from senior citizen housing projects within urban
areas, to high-tech business parks, to ski resort facilities.
Contact: Fred Yeager, Planning Director
916-889-7470
San Bernardino County Development Code — Preparing reorganization and update of
Development Code in conjunction with update of General Plan.
Contact: Randy Scott, Division Chief, Advance Planning Division
909-387-4147
San Luis Obispo County Land Use Ordinance - Paul Crawford drafted this innovative,
comprehensive replacement for an outdated Zoning Ordinance, which used a single -map for the
purposes of both the Land Use Element of the General Plan and zoning. The Land Use Ordinance
also provided detailed standards for individual unincorporated communities, to preserve and enhance
their unique character, avoiding the "one size fits all" problems that can result from attempting to
apply countywide regulations to diverse communities and rural areas. The Land Use Ordinance
received a Meritorious Program Award from the California Chapter of American Planning
Association in October 1981. Crawford was again hired by San Luis Obispo County to update the
Land Use Ordinance in 2000.
Contact: Alex Hinds, AICP, Marin County Community Development Director
(former San Luis Obispo County Director of Planning and Building)
415-499-7880
Vic Holanda, AICP, Director of Planning and Building
805-781-5600
Santa Barbara County Development Code —Two phase project to reorganize and revise the Santa
Barbara County Development Code, combining three separate zoning ordinances into one
comprehensive document.
Contact: Tom Frutchey, Project Manager
805-797-4482
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' RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
' Solano County Zoning Ordinance - Paul Crawford and Bruce Jacobson are updating the Solano
County Zoning Ordinance to modernize and reorganize its provisions. The County s zoning
' regulations address a wide variety of resource -based land uses, as well as the urban development
issues associated with the commute -shed of the San Francisco Bay Area.
' Contact: Mike Yankovich, Senior Planner
707-421-6765
Sonoma County Development Code - Paul Crawford is working with the Sonoma County
Counsel's office and the Permitting and Resource Management Department to complete a
comprehensive reorganization and major revisions to all of the County's development regulations.
This effort is producing a unified, internally consistent Development Code that will serve as a single
reference for all County development requirements.
' Contact: Pete Parkinson, AICP, Director
Permitting and Resource Management Department
' 707-565-1900
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RBF Consulting - Statement of Qualifications Newport Beach Zoning Code Update
Advantages of Team
We believe that our team ofprofessionals offers NewportBeach an ideal combination of background
and expertise for preparing all components of the updated Zoning Code. Our knowledge and
experience would ensure that all documents produced would not only be of high technical quality,
but would also be user-friendly, clear, practical, understandable, and easily administered. All team
members have strong reputations for producing timely, high -quality work. We believe that our team
offers the following advantages:
Significant experience with the drafting and adoption of integrated zoning and subdivision
ordinances, development codes, and other types of development regulations and associated
public participation efforts. The City of San Bernardino Development Code, completed by
Jacobson & Wack and RBF Consulting, received a national award from the American
Planning Association (APA), and team members have also received numerous awards from
the California Chapter of the APA. These demonstrate our ability to create solutions to
zoning and planning problems that are both innovative and practical.
2. Extensive "hands on" experience with all levels of zoning and subdivision ordinance
administration, ranging from answering zoning inquiries at the "front counter," to the
processing of land use permit applications and preparation of staff reports, to division and
department management. We have personally drafted zoning, subdivision, grading, and
building ordinances, and then been responsible for the administration and enforcement of
those regulations. We understand the wide array of day-to-day issues staff must address in
ordinance administration, and the needs of the public for timely, accurate responses to their
questions.
Besides our past experience, our work in zoning and subdivision ordinance administration is
ongoing for several public agency clients. Therefore, our ordinance drafting reflects hands-
on experience, and understanding of current needs and trends within planning and
community development departments, and is not simply an academic or theoretical exercise
based on working with codes at some point in the past.
' 3. Acknowledged experience with successful public participation and outreach programs,
including public workshops, publicity, and notice materials of all types.
4. Team members regularly share their experiences with, and perspectives on zoning and
subdivision ordinance preparation and administration through two professional development
courses: Redesigning the Zoning Ordinance, at UC Davis Extension, and Designing and
' Implementing Effective Zoning Ordinances, at UCLA Extension.
5. Our established, effective working relationships as a team, developed from numerous
previous projects, enable us to provide efficient and cost-effective services.
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' RBF Consulting — Statement of Qualifications Newport Beach Zoning Code Update
' 6. Our emphasis on firm principals actually drafting our zoning ordinances and development
' codes, ensuring that our products reflect the most extensive experience and informed
analysis.
' 7. Extensive technology resources and expertise, including GIS (Arc/Info, ArcView, and
Atlas*GIS), CAD and computer graphics, and website development. The team has prepared
zoning maps for several communities, and has provided both CAD and GIS mapping for
' several counties.
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