HomeMy WebLinkAbout89-19 - Amending Certain Sections of Title 20 of Newport Beach Municipal Code so as to Establish Floor Area Ratios and Land Use Intensities Consistent with General Plan (Planning Commission Amendment No. 675)ORDINANCE NO. 89 -19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO ESTABLISH FLOOR AREA RATIOS AND
LAND USE INTENSITIES CONSISTENT WITH THE GENERAL PLAN
(Planning Commission Amendment No. 675)
WHEREAS, the City of Newport Beach has recently completed major
revisions to the Land Use and Circulation Elements of the General Plan; and
WHEREAS, as a part of these revisions the City reviewed all of its existing
commercial intensity standards and permitted residential densities and determined that
the previously allowable development would adversely impact the City's existing
circulation system; and
WHEREAS, in order to determine the levels of development that could be
accommodated in the City, a computerized Traffic Model was developed to analyze the
impacts of different levels of commercial, residential, and industrial growth on the City's
circulation system; and
WHEREAS, after over eighteen months of public input, extensive analysis
by staff and consultants, and many public hearings before the Planning Commission and
City Council, the Land Use Element of the General Plan now established specific levels
of development, both commercial and residential, that are correlated with the Circulation
• Element; and
WHEREAS, this ordinance is intended to implement the development
intensity and building bulk provisions of the adopted Land Use Element of the General
Plan; and
WHEREAS, at its meeting of March 23, 1989, the Planning Commission
of the City of Newport Beach held a public hearing regarding Planning Commission
Amendment No. 675, and at that time voted to recommend that the City Council
approve the amendment; and
WHEREAS, on April 24, 1989, the City Council of the City of Newport
Beach held a duly noticed public hearing regarding this ordinance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Newport Beach Municipal Code is hereby amended to
include Chapter 20.07, FLOOR AREA RATIOS AND BUILDING BULK, set forth as
follows:
CHAPTER 20.07
. FLOOR AREA RATIOS AND BUILDING BULK
20.07.010 EFFECT OF CHAPTER. The following regulations shall apply to all
non - residential districts.
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20.07.020 INTENT AND PURPOSE. The purpose and intent of this chapter is:
A. To implement provisions of the Land Use Element of the General Plan that
establish variable floor area limits depending upon the traffic generating characteristics
of the use proposed for the property;
B. To encourage a variety of land uses within commercial districts, while insuring that
traffic generated by new development is consistent with the capacity of streets and
highways as specified in the Circulation Element; and
C. To insure an appropriate mix of land uses within commercial districts and to
encourage development of land uses which are low traffic generators.
D. To regulate the visual and physical mass of structures consistent with the unique
character and visual scale of the City of Newport Beach.
20.07.030 DEFINITIONS
BASE DEVELOPMENT ALLOCATION - -total square footage of a site multiplied by
0.5.
BASE FAR USE - -a use which shall be permitted to develop at a floor area ratio of 0.5,
and includes those uses specified in Table 20.07.
BUILDING BULK- -the visual and physical mass of a building, calculated in accordance
with Section 20.07.05.
FLOOR AREA RATIO (FAR)- -the ratio of gross floor area of all uses on a site to the
total square footage of the site .
GROSS FLOOR AREA- -for purposes of this chapter, gross floor area shall be defined
as the area of a building or portion thereof including the surrounding exterior walls,
except that outdoor dining areas utilized in conjunction with a restaurant shall also be
included.
Any finished portion of a building which measures more than 4 feet from finished floor
to ceiling and is accessible shall be included in calculations of gross floor area.
Areas utilized for stair wells and elevator shafts shall be counted towards gross floor area
on only the first level.
MAXIMUM FAR USE - -a use which may be permitted to develop up to the maximum
floor area ratio as listed in Table 20.07 and as otherwise provided herein.
MAXIMUM FLOOR AREA RATIO - -a floor area ratio of 0.75 or 1.0 which may be
permitted in certain cases as specified in Section 20.07.040 B, Section 20.82.020 (D) and
the Land Use Element of the General Plan.
REDUCED FAR USE - -a use which shall be limited to development at a floor area ratio
of 0.3 as specified in Table 20.07.
20.07.040 LAND USE INTENSITIES
Land use intensities for non - residential uses shall be as specified in the Land Use
•Element of the General Plan.
A. FIXED DESIGNATION. Where a single floor area ratio or square footage limit is
specified for a site, all uses permitted within the applicable district shall be permitted to
develop up to the floor area ratio or gross floor area limit specified.
B. VARIABLE FLOOR AREA RATIOS. Where variable designations are specified
for a site, as denoted by a slash, the permitted gross floor area shall vary, and shall be
prorated according to the type of use. Base development allocation shall be calculated
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per Section 20.07.030. The base development allocation shall not be exceeded by the
sum of the weighted square footage of each use. Weighted square footage shall be
determined by multiplying gross floor area of a given use by the weighting factors below.
Area devoted to each type of use shall be weighted as follows:
Use Category Weighting Factor
actor
Base FAR uses 1.0
Reduced FAR uses 1.67
Maximum FAR uses 0.5
A floor area ratio greater than 0.5 may only be permitted in accordance with the
variance procedures outlined in Section 20.82.020 (D).
In no case shall the base development allocation be exceeded except as provided for
previously existing buildings in accordance with Section 20.07.044 B, nor shall the
maximum floor area ratio specified in the Land Use Element of the General Plan be
exceeded.
C. MIXED COMMERCIAL /RESIDENTIAL DEVELOPMENT. Where second floor
residential development is permitted in conjunction with a first floor commercial use,
the total floor area ratio of 1.25 shall be permitted, provided that the floor area ratio
for commercial development does not exceed 0.5 nor exceeds the base development
allocation for commercial uses. In addition, the floor area ratio for commercial
development shall not be less than 0.25 unless a use permit is approved, and the
Planning Commission, or City Council on review or appeal, makes the following findings
in addition to those use permit findings required under Section 20.80.060 A:
That the proposed commercial space constitutes a significant portion of the
project.
2. That the proposed commercial space is large enough to accommodate a
is viable business.
The number of dwelling units permitted in a mixed commercial /residential development
shall be as specified in the Land Use Element of the General Plan.
20.07.044 CONVERSION OF USE
A. CONVERSION OF USES IN EXISTING BUILDINGS. Conversion of a Maximum
FAR use to a Base FAR use or to a Reduced FAR use, or conversion of a Base FAR
use to a Reduced FAR use in an existing structure may be permitted provided that the
base development allocation will not be exceeded. For mixed nonresidential uses the
ratios established in Section 20.07.040 shall apply.
B. CONVERSION OF USES IN BUILDINGS CONSTRUCTED PRIOR TO
OCTOBER 25, 1988. Lawfully existing uses in buildings constructed prior to October
25, 1988 may continue, notwithstanding the provisions of this chapter. Conversion of a
Maximum FAR use to a Base FAR use or to a Reduced FAR use, or conversion of a
Base FAR use to a Reduced FAR use such that the base development allocation will
be exceeded, may be permitted upon the approval of a use permit by the Planning
Commission, or City Council on review or appeal, subject to all of the following findings
in addition to those findings required in accordance with Section 20.80.060 A:
1. It has been demonstrated that the peak hour traffic to be generated by the
proposed uses will not exceed that generated by the existing uses in the
development, as determined in accordance with City Council Policy S -1.
2. The projections of traffic to be generated utilize standard traffic generation
rates generally applied to a use of the type proposed, per City Council
Policy S -1.
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3. The structures on the site were constructed prior to October 25, 1988,
consistent with the policies and ordinances in effect at the time of
construction.
4. The building tenants would be restricted to the uses and operational
characteristics upon which the traffic equivalency was based. Relevant
operational characteristics include, but are not limited to, hours of operation
of onsite businesses, provision of valet parking, off -site parking, and net
public area of restaurants.
5. The proposed use and physical improvements are such that the approved
project would not readily lend itself to conversion to a higher traffic
generating use.
6. The proposed uses are compatible with the surrounding area.
In cases where a Reduced FAR use is converted to a Base FAR use or Maximum FAR
use, or a Base FAR use is converted to a Maximum FAR use, no credit for future
increases in floor area ratio shall be given. Mixed nonresidential uses shall be governed
by the provisions of Section 20.07.040 (C).
20.07.046 STAGGERED USES. In no case shall the staggering of uses at
various times of day, such as daytime versus night time, be utilized to justify a higher
floor area ratio or conversion of use for buildings constructed subsequent to October 24,
1988 than would otherwise be permitted.
20.07.050 BUILDING BULK Building bulk shall be calculated to be gross floor
area excluding outdoor dining areas and with the addition of courtyards not open on at
least two sides. An area which is open to the sky and is open on one side shall be
considered to be consistent with this provision.
In addition, for purposes of calculating building bulk, the floor area devoted to portions
of a building which span more than one floor, such as multi -level lobbies, stairwells, and
elevator shafts shall be counted at each floor level. Any level of a building which
measures more than 18 feet from finished floor to finished floor level or from finished
floor to the average height of the roof above finished floor, shall be considered to occupy
two floor levels.
Building bulk shall also include the gross square footage of above grade or partially
subterranean covered parking areas, except where specifically excluded for a particular
location under the Land Use Element of the General Plan.
Where a covered parking area is partially subterranean, gross floor area of the covered
parking area shall be prorated as follows:
Height of ceiling
above natural grade
greater than 8 feet
6 -8 feet
4 -6 feet
2 -4 feet
less than 2 feet
Portion of parking area counted
towards gross square footage
100 %
75 %
50 %
25 %
Not counted
Building bulk shall not exceed a factor equal to the permitted floor area ratio plus 0.25
for commercial uses or 0.35 for mixed residential /commercial uses.
20.07.060 CONFLICTS. In any case where there is a conflict between this
chapter and any other portion of the Zoning Code, the provisions of this chapter shall
prevail.
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Table 20.07
LAND USE CATEGORIES
Allowable General Land
Floor Area Ratio Cateeory Use
Reduced FAR Uses
(Floor area ratio up t- 0.--
Assembly Auditorium /Public Assembly
Theater
Food Uses Drive -In /Take Out Restaurant
Restaurant
Drive -In Facilities
Misc. Health Club /Aerobics Studio
Mini -Mart
Social
Base FAR Uses
(Floor area ratio up to 0.5)
Art /Instruction
Art Studios
Dance Studios
Interior Dec. Studios
Art /Inst.(Cont.)
Music /Art Schools
Photography Studios
Private Instructional Facilities
Marine Uses
Boat Charters /Rentals
Boat Sales
Auto Uses
Auto Detailing
Auto Rental (Office Only)
Auto Rental (Vehicles Present)
Auto Repairs
Auto Sales /Leasing
Gasoline Service Stations
Medical
Animal Hospitals
Chiropractors
Dental Office
Medical Office
Misc. Office
Accountants
Architects
Attorneys
Editorial and Designing
Engineers
Marine - Related Office
Professional Services
Realtors /Escrow
Research and Development
Personal Service
Acupuncture
Barbers
Beauty Parlors
Cleaners /Laundries
Fortune Telling
Massage Parlor
.
Personal Services
Tailor
Retail
Art Galleries
Bakeries
Book Stores
Delicatessen
Jewelry Stores
5-
C
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Allowable General
Floor Area Ratio Category
Retail (Cont.)
Miscellaneous
Clubs
Maximum Far Uses
(Floor area ratio up to 0.75 or 1.0)
Marine Uses
Overnight Accom-
modations
Industrial
Wholesale
Group Living
Storage
SECTION 2
Land
Use
Pet Shops
Pharmacies
Plant Nurseries
Retail Marine Sales
Retail Sales
Shoe Repair
Specialty Shops
Banks /Lenders
Community Centers
Day Care
Handicraft Establishments
Laundromat
Printing
Service Club
Yacht Club
Boat Building
Boat Haul -Out
Boat Repair
Hotel
Motel
General Light Industrial
General Light Manufacturing
Heavy Industrial
Laboratories
Machine Shops
Marine Industrial
Marine Manufacturing
Research Laboratories
Wholesale Sales
Congregate Care Facilities
Elderly Residential
Dry Boat Storage
Mini- storage
Storage
The Newport Beach Municipal Code is hereby amended to include Section 20.82.020(D),
VARIANCE TO EXCEED BASE FLOOR AREA RATIO PROVISIONS OF
CHAPTER 20.07, set forth as follows:
20.82.020 (D). VARIANCE TO EXCEED BASE FLOOR AREA RATIO
PROVISIONS OF CHAPTER 20.07. Variances may be approved to exceed the 'Base
FAR" up to the "Maximum FAR ", consistent with the provisions of the General Plan
Land Use Element and Section 20.07.040, if all of the additional findings are made:
1. It has been demonstrated that the traffic to be generated by the proposed
Maximum FAR use will not exceed that which would be generated if a use
generating 60 trip ends per 1,000 sq.ft. per day and 3 trip ends per 1,000
sq.ft. at peak hour, were developed at a floor area ratio of 0.5 Traffic
generation shall be determined in accordance with City Council Policy S-
1.
L
2. The projections of traffic to be generated utilize standard traffic generation
rates generally applied to a use of the type proposed per City Council
Policy S -1.
3. The building tenants would be restricted to the uses upon which the traffic
equivalency was based.
4. The proposed use and physical improvements are such that the approved
project would not readily lend itself to conversion to a higher traffic
generating use.
5. The increased development, including above grade covered parking, does
not create abrupt changes in scale between the proposed development and
development in the surrounding area.
6. That the proposed use and structures, including above grade covered
parking, are compatible with the surrounding area.
7. The increased development, including above grade covered parking, will not
result in significant impairment of public views.
8. That the site is physically suitable for the development proposed, including
above grade covered parking, taking into consideration site characteristics
including, but not limited to, slopes, submerged areas, and sensitive
resources.
Where development at an increased floor area ratio is approved, a covenant shall be
recorded which would bind the current and future property owners to the Maximum FAR
uses upon which the traffic equivalency for the higher floor area was based.
SECTION 3.
Sections 20.01.046, 20.31.025, 20.32.025, 20.33.030A, 20.34.025, 20.35.025, 20.36.030,
20.41.035, 20.42.030, 20.53.030, 20.61.060C, 20.62.030F, 20.63.030C, 20.63.035F, 20.63,040C,
and 20.63.045D of the Municipal Code are hereby amended, consistent with Chapter
20.07, and to read as follows:
20.01.046 DISTRICT SYMBOLS. In addition to the district designations
established under Sections 20.01.040 and 20.01.045, the following symbols are established
for the purpose of designating maximum floor area limitations and the minimum number
of square feet of land area required for each dwelling unit. When these symbols are
placed on the Districting Maps, the floor area and dwelling unit limitations as illustrated
shall apply. Said symbols and limitations shall be shown in the following manner:
(a) A number following the district symbol and enclosed by brackets shall
designate the maximum floor area permitted in relation to the buildable
area of the site.
Example: C -1 [0.5]
(b) A number following the district symbol and enclosed by parentheses shall
designate the minimum number of square feet of land area required for
each dwelling unit.
Example: R -3 (2178)
Notwithstanding the floor area and dwelling unit limitations defined on the Districting
Maps enabled above, the floor area and /or dwelling unit limits for senior citizen housing
facilities (where residency is limited to elderly persons) shall be as specified in Chapter
20.07. (Ord. 83 -2 § February 9, 1983); (Ord. 87 -38 § August 26, 1987).
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A -P DISTRICT
20.31.025 BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA
LIMIT. The total gross floor area and building bulk contained in all buildings on a
building site in an A -P District shall be as specified in Chapter 20.07; provided that in
no event shall any building exceed the height limit specified in Chapter 20.02. (Ord.
1454 § 11, September 11, 1972: prior Ord. 1170 § 5 (part); July 25, 1960).
C -N DISTRICT
20.32.025 BUILDING HEIGHT,BUILDING BULK, AND FLOOR AREA
LIMIT. The total gross floor area and building bulk contained in all buildings on a
building site in a C -N District shall be as specified in Chapter 20.07 ; provided that in
no event shall any building exceed the height specified in Chapter 20.02. (Ord. 1454 §
12, 1972; prior Ord. 974 (part), 1961; Ord. 845 (part), 1958; 1949 Code § 9103. 482).
C -R DISTRICT
20.33.030 DEVELOPMENT STANDARDS. A. DENSITY.
1. The total gross floor area and building bulk in all structures on any site
shall be as specified in Chapter 20.07 .
2. Mixed development. Floor area ratios and building bulk shall be as
specified in Chapter 20.07.
C -O DISTRICT
20.34.025 BUILDING
LIMIT. The total gross floor ar
building site in the C -O District t
in no event shall any building exc
1454 § 13, September 11, 1972; p
Code § 9103.493).
C -1 DISTRICT
HEIGHT, BUILDING BULK, AND FLOOR AREA
:a and building bulk contained in all buildings on a
hall be as specified in Chapter 20.07 ; provided that
;ed the height limit specified in Chapter 20.02. (Ord.
for Ord. 974 (part), 1961; Ord. 913 (part), 1960; 1949
20.35.025 BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA
LIMIT. The total gross floor area and building bulk contained in all buildings on a
buildable site in a C -1 District shall be as specified in Chapter 20.07 ; provided that in
no event shall any building exceed the height limit specified in Chapter 20.02. (Ord.
1454 § 14, 1972: prior Ord. 974 (part), 1961: Ord. 635 (part), 1950: 1949 Code §
9103.53).
C -2 DISTRICT
20.36.030 BUILDING
LIMIT. The building height limi t
and development intensity shall
September 11, 1972: prior Ord.
M -1 DISTRICT
HEIGHT, BUILDING BULK, AND FLOOR AREA
shall be as specified in Chapter 20.02. Building bulk
be as specified in Chapter 20.07. (Ord. 1454 § 15,
635 (part), 1950: 1949 Code § 9103.63).
20.41.035 BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA
LIMIT. The total gross floor area and building bulk contained in all buildings on a
building site in an M -1 District shall be as specified in Chapter 20.07; provided that in
no event shall any building exceed the height limit specified in Chapter 20.02. (Ord.
1454 § 17, September 11, 1972: prior Ord. 974 (part), 1961: Ord. 635 (part), 1950:
1949 Code § 9103.74).
WE
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M -1 -A DISTRICT
20.42.030 FLOOR AREA AND BUILDING BULK The total gross floor
area and building bulk contained in all buildings on a building site in an M -1 -A District
shall be as specified in Chapter 20.07; provided that in no event shall any building
exceed the height limit specified in Chapter 20.02. (Ord. 1454 § 18, September 11,
1972: prior Ord. 974 (part), 1961: Ord. 804 (part), 1956: 1949 Code § 9103.93).
U DISTRICT
20.53.030 BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA
LIMIT - SITE AREA - YARDS. Building height limits, building site area required and
yards required shall be as specified in the Use Permit; provided, however, that in no
event shall any building exceed the height limit specified in Chapter 20.02, nor shall
floor area or building bulk exceed the limits specified in Chapter 20.07. (Ord. 1454 §
19, September 11, 1972: prior 1949 Code § 9103.02 added by Ord. 635; December 12,
1950).
SPECIFIC PLAN (NEWPORT SHORES)
20.61.060 COMMERCIAL DEVELOPMENT.
C. BUILDING HEIGHT, BUILDING BULK, AND FLOOR AREA LIMIT. The
total gross floor area and building bulk contained in all buildings on a buildable site in
commercial areas shall be as specified in Chapter 20.07, provided that in no event shall
any building exceed the height limit specified in Section 20.02.030(C) of the Municipal
Code.
SPECIFIC PLAN DISTRICT (MARINERS' MILE)
20.62.030 GENERAL CONTROLS.
F. FLOOR AREA AND BUILDING BULK LIMIT. The total gross floor area and
building bulk contained in all buildings on a buildable site shall be as specified in
Chapter 20.07; provided that total gross floor area shall not exceed .5 times the buildable
area of the site provided that the Planning Commission may, by use permit, allow
development to exceed the .5 times the buildable area, up to a maximum of 0.75 times
the gross land area of the site or 1.0 times the buildable area, whichever floor area limit
is more restrictive .
SPECIFIC PLAN DISTRICT (CANNERY VILLAGE/MCFADDEN SQUARE)
20.63.030 SPECIALTY RETAIL, SR DISTRICT.
C. INTENSITY OF DEVELOPMENT.
contained in all buildings on a buildabl e
except as provided in General Controls,
Intensity. (Ord. 86 -7, May 28, 1986)
The total gross floor area and building bulk
hall be as specified in Chapter 20. 07,
20.63.045.E., Transfer of Development
site s
Section
20.63.035 RECREATIONAL AND MARINE COMMERCIAL, RMC
DISTRICT.
F. INTENSITY OF DEVELOPMENT. The total gross floor area and building bulk
contained in all buildings on a buildable site shall be as specified in Chapter 20.07,
except as provided in General Controls, Section 20.63.045.E., Transfer of Development
Intensity. (Ord. 86 -7, May 28, 1986)
20.63.040 RETAIL AND SERVICE COMMERCIAL - RSC DISTRICT.
C. INTENSITY OF DEVELOPMENT.
contained in all buildings on a buildabl e
except as provided in General Controls,
Intensity. (Ord. 86 -7, May 28, 1986)
The total gross floor area and building bulk
hall be as specified in Chapter 20.07,
20.63.045.E., Transfer of Development
site s
Section
20.63.045 COMMERCIAL DISTRICT DEVELOPMENT STANDARDS.
D. RESIDENTIAL USES IN NON - RESIDENTIAL DISTRICTS. In non - waterfront
areas designated for commercial or retail uses, residential uses are permitted on the
second floor or above only. The following standards apply to second floor residential
units above commercial or retail uses:
1. A minimum of 2,375 square feet of land area is required for each
dwelling unit.
2. The total gross floor area and building bulk in all structures on any site
shall be as specified in Chapter 20.07.
3. The commercial or retail portion shall be limited to a floor area ratio
between 0.25 and 0.50.
4. The residential portion of the structure shall be limited to a maximum
floor area ratio of .75.
5. Parking for the residential use shall be provided on -site with no exceptions.
SECTION 4: The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. This ordinance shall be published once in the official
newspaper of the City with fifteen (15) days of its adoption. This ordinance shall be
effective thirty days after the date of its adoption.
This Ordinance was introduced at a regular meeting of the City Council
of the City of Newport Beach held on the 24th day of July 1989, and was adopted
on the 14th day of August tt , 1989, by the following vote, to wit:
AYES, COUNCIL MEMBERS Strauss, Plummer, Hart,
Turner, Watt, Sansone, Cox
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS None
ATTEST
CITY CLERK //
•'D •'D:
MAYOR
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a