HomeMy WebLinkAbout89-28 - Amending Title 20 of Municipal Code Establishing Multi-Family Residential (MFR) District (Planning Commission Amendment No. 687)ORDINANCE NO. 89 -28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
• AMENDING TITLE 20 OF THE MUNICIPAL CODE ESTABLISHING
THE MULTI - FAMILY RESIDENTIAL (MFR) DISTRICT
(Planning Commission Amendment No. 687)
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•
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 previous 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 establishes specific levels
of development, both commercial and residential, that are correlated with the Circulation
Element; and
WHEREAS, this Ordinance is intended as a first step in implementing the
residential density standards of the Land Use Element of the General Plan; and
WHEREAS, at its meeting of August 10, 1989, the Planning Commission
initiated Zoning Amendments No. 687, etc., in order to implement the provisions of the
revised General Plan; and
WHEREAS, on August 24, 1989, and September 7, 1989, the Planning
Commission of the City of Newport Beach held public hearings regarding this Ordinance,
and voted on September 7, 1989, to recommend that the City Council approve this
Ordinance; and
WHEREAS, on October 9, 1989, and November 27, 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 20.19, MULTI - FAMILY RESIDENTIAL (MFR) DISTRICT, set forth
as follows:
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Sections:
• 20.19.010
20.19.015
20.19.020
20.19.025
20.19.030
20.19.035
20.19.040
20.19.045
20.19.050
20.19.055
20.19.060
20.19.065
20.19.075
Chapter 20.19
MULTI - FAMILY RESIDENTIAL (MFR) DISTRICT
Effect of Chapter
Uses Permitted.
Uses Requiring Use Permit.
Accessory Uses.
Building Height and Floor Area Limit.
Site Area.
Site Area Coverage.
Yards.
Access to Dwellings and Extensions Into Yards.
Accessory Buildings - Yards.
Swimming Pools - Yards - Equipment.
Changes in Yard Requirements.
Parking.
20.19.010 EFFECT OF CHAPTER. The following regulations shall
apply in all MFR Districts, subject to applicable provisions of Chapter 20.10. Residential
districts in those areas of the City described generally as West Newport, Balboa
Peninsula, and Corona del Mar are subject additionally to the provisions of Chapter
20.11. Where the provisions of this Chapter are more restrictive than those of Chapters
20.10 or 20.11, the provisions of this Chapter shall apply.
20.19.015 USES PERMITTED. The following uses shall be permitted
in the MFR District.
(a) Single - family dwellings and duplexes.
(b) Multiple dwellings, apartment houses and dwelling groups.
(c) Temporary structures and uses. Regulations are as specified in Section
20.10.015 of General Controls - Residential Districts.
(d) Signs in accordance with Chapter 20.06.
20.19.020 USES REQUIRING USE PERMIT. The following uses shall
be permitted, subject to the securing of a use permit in each case:
(a) Recreational facilities developed as part of a residential development,
parking lots, senior citizen housing facilities, public utility stations developed
as part of a residential development, removal of earthen materials,
temporary heliports and helistops;
(b) Outdoor lighting may be permitted as specified more particularly in Section
20.10.020 of General Controls - Residential Districts.
20.19.025 ACCESSORY USES. Accessory uses and buildings normally
incidental to any of the above shall be permitted. This shall not be construed as
permitting any commercial uses or occupation other than those specifically permitted, nor
shall this be deemed to allow the manufacturing or processing of any substance or
commodity for profit or the storage of vehicles, equipment or materials used in the
conduct of any retail or wholesale business.
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20.19.030 BUILDING HEIGHT AND FLOOR AREA LIMIT. The
total gross floor area contained in all buildings on a building site in an MFR District
shall not exceed 1.75 times the buildable area of the site; provided that up to 200 square
feet of floor area per required parking space devoted to enclosed parking shall not be
included in calculations of total gross floor area; and provided, further, that in no event
shall any building exceed the height permitted for the 28/32 Foot Height Limitation
District as specified in Chapter 20.02.
For residential developments in those areas of the City known generally as West
•Newport, Balboa Peninsula, and Corona del Mar, floor area limit regulations are as
specified in Section 20.11.020 (b) of Residential Development Standards. Where the
provisions of this Section are more restrictive than those of Section 20.11.020 (b), the
provisions of this Section shall apply.
20.19.035 SITE AREA.
A. BUILDING OR GROUP OF BUILDINGS. For each building or group of buildings,
there shall be a minimum of 5,000 square feet of area and a minimum width of 50 feet
of area and a minimum width of 50 feet on interior lots, with a minimum of 6,000
square feet and a minimum width of 60 feet on corner lots.
B. EACH FAMILY UNIT. For each family unit in any building or group of
buildings, there shall be a minimum of twelve hundred square feet of land area unless
otherwise specified in the Land Use Element of the General Plan.
C. BUILDING SITE AREA EXCEPTION. Any lot or parcel of land under one
ownership and of record on August 2, 1943 may be used as a building site even when
of less area or width than that required by the provisions of this Section.
20.19.040 SITE AREA COVERAGE. For aggregate building coverage,
the maximum site coverage permitted shall be full coverage, less required front, side and
rear yards.
20.19.045 YARDS.
A. FRONT YARDS. The minimum width required for front yards shall be 20 feet,
except as may be otherwise indicated on the Districting Maps. Distances shown on the
Districting Maps are to be measured from the front property line, unless a different line
is shown on the Districting Map.
B. SIDE YARDS. Each side yard shall not be less than 3 feet wide on building sites
40 feet wide or less; 4 feet wide on lots wider than 40 feet and narrower than 50 feet;
and shall be equal in width to eight percent of the average lot width for lots 50 feet or
greater in width; provided that in no event shall a side yard wider than 25 feet be
required; and provided further that the side yard on the rear 20 feet of the street side
of a corner lot, where there is reversed frontage, shall not be less than the front yard
required or existing on the adjacent reversed frontage.
C. REAR YARDS. The minimum width for rear yards shall be 10 feet, except where
the lot is adjacent to an alley, in which case the requirements of Section 20.10.025 F
shall apply, provided that in the area of Corona del Mar, as defined in Section 20.11.010,
a minimum rear yard setback of 8 feet shall be provided on the first floor adjacent to
an alley.
D. SPECIAL YARD AND DISTANCES BETWEEN BUILDINGS. D i s t a n c e
between buildings in any dwelling group shall be a minimum of 10 feet wide.
E. OPEN SPACE. An open space volume equal to 6 times the buildable area
of the lot shall be provided in addition to any required setbacks. This open space shall
be open on at least two sides, one of which may be the sky. Roofs, balconies, decks,
patios, cornices, exterior stairways, and architectural features may project into this area.
At least 50% of the required open space shall be open to the sky and open on at least
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two additional sides, except for eaves and architectural features which may project into
areas otherwise open to the sky. Required open space shall have a minimum dimension
in any direction of at least six feet, except as indicated in this section, and may be used
for outdoor living area. Open space with a dimension of less than six feet in any
direction may be included in the required volume of open space, provided that said space
is contiguous to required open space that provides a minimum six foot dimension in any
direction. This additional open space may be provided on any level or combination of
levels and may extend across the entire structure or any portion thereof. A minimum
of 25 % of the required open space shall be contiguous to the required front yard
setback, and a minimum of 25 % of the required open space shall be contiguous to the
required rear yard setback .
20.19.050 ACCESS TO DWELLINGS AND EXTENSIONS INTO
YARDS. Extensions into required setbacks may be permitted as specified in Section
20.10.025 of General Controls - Residential Districts, provided that within the area of
Corona del Mar, as defined in Section 20.11.010, on lots 30 or more feet wide,a four foot
side yard setback shall be maintained, up to a minimum height of 8 feet above finished
grade, between the primary entrance to any dwelling unit and the public street or alley.
Within this area, a three foot wide unobstructed walkway shall be provided. This
walkway shall be paved, and the only above grade encroachments permitted in this area
shall be steps essential for use of a first floor entrance. The requirements of this section
are not intended to affect the buildable area of a lot.
20.19.055 ACCESSORY BUILDINGS - YARDS. Regulations are as
specified in Section 20.10.030 of General Controls - Residential Districts.
20.19.060 SWIMMING POOLS - YARDS - EQUIPMENT. Regulations
are as specified in Section 20.10.035 of General Controls - Residential Districts.
20.19.065 CHANGES IN YARD REQUIREMENTS. The Planning
Commission may approve changes in the yard setback requirements applicable to any
•subdivision having five or more lots at the time that it approves the final tract map for
the subdivision. The applicant shall submit with his application an exact copy of the
final tract map showing the proposed changes. The decision of the Planning Commission
shall be subject to review by the City Council and it may approve, disapprove or modify
the decision. If the City Council approves such changes, the districting map shall be
revised accordingly.
20.19.075 PARKING.
A. Storage or parking space for the parking of automobiles off the street shall be
provided as follows:
1. One or two dwelling units on a lot: At least two parking spaces for each
dwelling unit.
2. Three dwelling units on a lot: At least two parking spaces for each
dwelling unit and one additional guest parking space, for a total of seven
spaces overall.
3. Four or more dwelling units on a lot: At least 2.5 parking spaces for each
dwelling unit of which at least 0.5 parking spaces per dwelling unit shall be
provided for guest parking.
•Parking spaces required for other uses allowed in any residential district not set forth
above shall be determined by the Planning Commission.
B. Parking of automobiles on the roof of a building in the MFR District is
prohibited.
C. In addition to the above noted parking standards, the following parking controls
shall also apply:
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1. For each dwelling unit there shall be at least one covered parking space.
2. For each dwelling unit, there shall be at least one independently accessible
parking space.
3. Tandem parking up to a maximum of two cars in depth shall be permitted.
However, tandem parking shall not be permitted for guest parking.
4. Parking in side yards shall be permitted; provided, however, that structural
encroachments shall not be permitted, except as noted in this section.
When three parking spaces are provided across the rear of a lot less than
30 feet 10 inches wide, one garage wall may encroach into the required side
yard setback. Its distance from the property line shall be at least 26 inches
plus the amount (if any) that the width of the lot exceeds 30 feet. The
substandard side yard created thereby shall have a clear passageway 26
inches wide, unobstructed by fences, utility meters, hose bibs, or any other
appurtenances which could interfere with use of the passageway by
emergency personnel or equipment.
5. Parking in front yards shall be permitted on driveways in front of garages
that set back at least nineteen feet from the front property line, provided,
however, that structural encroachments shall not be permitted.
6. All guest parking spaces shall be independently accessible.
D. The following areas need not be included in the gross floor area:
1. Parking spaces which are open on at least two sides, or open on one side
and one end; and
2. Twenty -five square feet of storage area adjacent to or a part of a parking
space on a lot less than thirty -two feet wide; provided that no plumbing is
located in the storage area, and provided that three parking spaces are
provided side by side across one end of the lot.
E. Subject to the provisions of Chapter 20.83, structures which were in existence or
under construction on the effective date of this Ordinance, and which do not provide the
required number of parking spaces, may be expanded or altered without providing
additional required parking spaces as follows:
1. Minor alterations such as the remodeling of existing buildings where no
additional living space is proposed; and
2. Minor additions to existing buildings, such as the construction of bathrooms,
closets and hallways, or the expansion of existing rooms. (Ord. 1876 § 3,
1981; Ord. 1856 § 1, 1980.)
SECTION 2: Section 20.11.020 (B) of the Newport Beach Municipal Code
shall be amended to read as follows:
B. In the R -3 and R -4 Districts in the areas of West Newport and the Balboa
Peninsula, the total gross floor area contained in all buildings on a building site shall not
exceed three times the buildable area of the site; provided, however, that floor area
devoted to parking within a building or to decks, balconies or patios open on at least two
sides shall not be considered in determining the total floor area allowed. In the area
designated as Old Corona del Mar, the total gross floor area shall not exceed one and
one -half (1.5) times the buildable area of the site in the R -3, R -4, and MFR Districts.
The height limit in the R -3 District shall be 24/28 feet on the front one -half of the lot
and 28/32 feet on the rear one -half of the lot, except where in the opinion of the
Planning Commission differences in grade warrant individual consideration. The height
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limit in the R -4 District shall be 28/32 feet as specified in Chapter 20.02. (Ord. 1540
§ 1 (part), 1974: Ord. 1754 § 1, 1977: Ord. 1824 § 1, 1979)
SECTION 3. Section 20.01.040 of the Newport Beach Municipal Code shall
be amended to read as follows:
20.01.040 DISTRICTS DESIGNATED. The several general districts
established are as follows:
Agricultural - Residential District or R -A District.
Single - Family Residential District or R -1 District.
R -1.5 District.
Duplex Residential District or R -2 District.
Restricted Multiple - Family Residential District or R -3 District.
Multiple Residential District or R -4 District.
Multi - Family Residential or MFR District
Administrative and Professional District or A -P District.
Neighborhood Commercial District or C -N District.
Commercial Residential District or C -R District.
C -O District.
Light Commercial or C -1 District.
General Commercial District or C -2 District.
Manufacturing District or M -1 District.
Controlled Manufacturing District or M -1 -A District.
Open Space District or OS District.
Unclassified or U District.
Specific Plan District or SP District
Planned Community District or PC District.
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 13th day of November 1989, and was adopted on
the 27th day of November , 1989, by the following vote, to wit:
AYES, COUNCIL MEMBERS TURNER, WATT, SANSONE, PLUMMER,
HART, COX
NOES, COUNCIL MEMBERS STRAUSS
ABSENT COUNCIL MEMBERS NONE
0 ATTEST
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CITY CLEICK
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STATE OF CALIFORNIA
County of Orange
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I am a Citizen of the United States and a resident Of
the County aforesaid: 1 8111 over the age of eighteen
nd not a party to or interested in the below
matter. I am a principal clerk of the Orange
C DAILY PILOT, with which is Combined the
NEWS - PRESS. a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange. State of California. and that a
Notice of Ordinance
of which copy attached hereto is a true and complete
copy. was printed and published in the Costa Mesa.
Newport Beach, Huntington Beach. Fountain Valley,
Irvine. the South Coast communities and Laguna
Beach issues of said newspaper for 1 time
consecutive weeks to wil the issue(s) of
November 30 198 9
198—
, 198—
J
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on November 30 egg 9
at Costa Mesa', California.
Signature
PROOF OF PUMLICATION
PUBLIC NOTICE`'
AN ORDINANCE OF
Jommissfon
amendment
No. 687)
I Ordinance was In-
on 13th day of No-
1989, and adopted
day of November,
COUNCIL MEM -;
'URNER, ATT
W,
JE, PL WMM ER
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COUNCIL MEM-
iAUSS
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NE
R RUTNELYN
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.ERK, WANDA E.
Coast
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