HomeMy WebLinkAbout10 - Code Amendment for Mixed-Use Zoning Districts on Balboa PeninsulaSEW PORT
CITY OF
NEWPORT BEACH
City Council Staff Report
Agenda Item No. 10
April 23, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3226, kbrandt @newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Manager
APPROVED: )� A
TITLE: Code Amendment No. CA2013 -001 for Mixed -Use Zoning Districts
on the Balboa Peninsula (PA2013 -020)
ABSTRACT:
Amendment of the Zoning Code (Title 20) to modify the minimum lot area /density
standard for MU -V (Mixed -Use Vertical), MU -CV /15th Street (Mixed -Use Cannery
Village and 15th Street) and MU -W2 (Mixed -Use Water) Zoning Districts on the Balboa
Peninsula.
RECOMMENDATION:
1) Conduct a public hearing; and
2) Introduce Ordinance No. 2013 -9 (Attachment CC 1)
a. Finding that this Code Amendment is categorically exempt under Section
15305, of the California Environmental Quality Act (CEQA) Guidelines —
Class 5 (Minor Alterations in Land Use Limitations); and
b. Approving Code Amendment No. 2013 -001 and pass to second reading on
May 14, 2013.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
1
Mixed -Use Code Amendment
April 23, 2013
Page 2
Background
The City Council initiated the amendment on February 12, 2013, in response to staff's
observation that a number of proposed mixed -use projects have been unable to meet
the minimum residential density development standard. This problem occurs on small
to medium -sized sites on the Balboa Peninsula. In many cases, these sites cannot
accommodate on -site parking for both the minimum number of residential units and the
minimum amount of non - residential floor area. The factors vary, but constraints include
lot size and configuration, conversion of existing buildings, and inability to provide a
parking structure due to cost, lot shape, or shallow water table. Examples of two
recently proposed and two previously approved mixed -use projects that do not meet the
minimum lot area /density standard are provided in the Planning Commission staff report
(Attachment CC -2).
Analysis
The proposed amendment would allow the decision - making body (the Zoning
Administrator or Planning Commission, as the case may be) to modify or waive the
minimum lot area /density standard for a mixed -use project through a site development
review application. As all mixed -use projects require the approval of a site development
review, the proposed amendment would not require an applicant to file an additional
application to request the waiver or modification.
The decision - making body would consider the modification or waiver of the minimum lot
area /density standard along with other aspects of the project. The decision to modify or
waive this standard would have to be justified through the required findings for a site
development review.
The proposed amendment requires adding appropriate notes to Table 2 -10 and Table
2 -11 of Section 20.22.030 of the Zoning Code and would apply to the following mixed -
use zoning districts on the Balboa Peninsula:
• MU -V (Mixed -Use Vertical)
• MU -CV 115th Street (Mixed -Use Cannery Village and 15th Street)
• MU -W2 (Mixed -Use Water)
The proposed changes to the Zoning Code tables are depicted in underline format in
Attachment CC -3. The areas where these zoning districts are located are depicted in
Figure 1 below.
2
Mixed -Use Code Amendment
April 23, 2013
Page 3
These Zoning Districts implement the Mixed -Use Vertical (MU -V), Mixed -Use Horizontal
4 (MU -H4), and Mixed -Use Water 2 (MU -W2), General Plan land use categories,
respectively. These land use categories do not contain minimum residential densities;
therefore, amending their implementing zoning districts to allow the modification or
waiver of the minimum density standard would not present any General Plan
consistency issues.
The proposed amendment would not apply to the City's other three mixed -use zoning
districts: MU -DW (Mixed -Use Dover/Westcliff), MU -MM (Mixed -Use Mariners Mile), and
MU -W1 (Mixed Use Water) because these land use categories are applied to areas that
are not subject to same constraints as those on the Balboa Peninsula or include specific
General Plan residential density requirements.
Planning Commission Action
On March 21, 2013, the Planning Commission voted (5 -0) to recommend approval of
the amendment to the City Council. The Planning Commission staff report can be found
at http:// www. newportbeachca .gov /planningcommission and the draft minutes are
provided in Attachment No. CC 4.
Following the Planning Commission's action, the Office of City Attorney recommended
the following minor modification to the proposed wording of the new notes to be added
to Tables 2 -10 and 2 -11 (depicted with double underlines):
3
Mixed -Use Code Amendment
April 23, 2013
Page 4
The minimum density may be modified or waived through the approval of
a site development review. The review authority may only waive or modify
the minimum density upon making the finding that the subject property
contains unique site constraints that prevent the project from complying with
this standard.
This additional language provides guidance to decision makers as to the circumstances
under which the minimum density standard may be modified or waived. This
modification has been incorporated into the draft ordinance (Attachment CC -1).
ENVIRONMENTAL REVIEW:
This item is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations).
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent and which do not result in any changes in land
use or density. In this case, the over 500 parcels potentially affected by the amendment
have an average slope of less than 20 percent; the amendment will not change the land
use category or zoning district of the affected parcels; and the maximum number of
dwelling units per unit of land will not change.
Notice of this amendment was mailed to the owners of all MU -V, MU -CV /15th Street,
and MU -W2 Zoning District properties and published in the Daily Pilot, including an
eighth page advertisement, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at
City Hall and on the City website.
Submitted by:
Kimberly O .
Director
Attachments: CC -1 Draft Ordinance
CC -2 March 21, 2013, Planning Commission Staff Report
CC -3 Proposed changes to Zoning Code Tables 2 -10 and Table 2 -11
CC -4 Draft March 21, 2013, Planning Commission Minutes
G:
Attachment No. CC 1
Draft Ordinance
5
NO
ORDINANCE NO. 2013-
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
NEWPORT BEACH APPROVING CODE AMENDMENT NO.
CA2013 -001 MODIFYING THE MINIMUM LOT AREA/DENSITY
STANDARD FOR MU -V (MIXED -USE VERTICAL), MU -CV /15TH
STREET (MIXED -USE CANNERY VILLAGE AND 15TH STREET)
AND MU -W2 (MIXED -USE WATER) ZONING DISTRICTS
(PA2013 -020)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On February 12, 2013, the City Council initiated an amendment of the Zoning Code that
would modify the minimum lot area /density standard for mixed use zoning districts.
2. The Planning Commission conducted a public hearing on March 21, 2013, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting.
3. A public hearing was held on April 23, 2013, in the City Hall Council Chambers, 100 Civic
Center Drive, Newport Beach, California. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the parcels potentially affected by the amendment have a average slope
of less than 20 percent; the amendment will not change the land use category or zoning
district of the affected parcels; and the maximum number of dwelling units per unit of land will
not change.
1. Mixed -use properties on the Balboa Peninsula contain unique site constraints that present
difficulties for potential projects to meet the minimum lot area /density standard established
by the Zoning Code.
2. The proposed amendment would allow the decision - making body, in conducting a site
development review for a mixed -use project, to modify or waive the minimum lot area /density
standard for the MU -V, MU -CV /15th Street, and MU -W2 Zoning Districts.
City Council Ordinance No. 2013 -_
Page 2 of 6
3. Amending MU -V, MU -CV /15th Street, and MU -W2 Zoning Districts to allow the modification
or wavier of the minimum density standard is consistent with the General Plan because the
subject zoning districts implement the Mixed -Use Vertical (MU -V), Mixed -Use Horizontal 4
(MU -H4), and Mixed -Use Water 2 (MU -W2), General Plan land use categories, respectively,
which do not contain minimum residential density requirements.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Table 2 -10 of Section 20.22.030 of the Newport Beach Municipal Code is
hereby amended to add new Note No. 5 and read:
TABLE 2 -10
DEVELOPMENT STANDARDS FOR VERTICAL AND
HORIZONTAL MIXED -USE ZONING DISTRICTS
2
Additional
Development Feature
MU -v
MU -MM
MU -DW
MU -CV /15th St.
Regulations
Lot Dimensions (1)(2)
Minimum dimensions required for each newly created lot.
Lot Area (2)
2,500 sq. fl.
10,000 sq. fl.
40,000 sq. ft.
5,000 sq. fl.
Lot Width (2)
25 ft.
50 fl.
100 ft.
40 ft
Density Range
Minimum /maximum allowable
density
range for residential
uses.
Lot area required per unit
Minimum: 1,631
Minimum:
Minimum: 1,631
Minimum: 1,631
(sq. ft.) (3)
Maximum: 2,167 (5)
1,631
Maximum: 2,167
Maximum: 2,167 (5)
Maximum:
2,167
For property
beginning 100
ft. north of
Coast Hwy,
Floor Area Ratio (FAR)
(4)
Mixed -use development
Min. 0.35 Max. 0.50
Min. 0.25 Max.
Min. 0.25 Max.
Min. 0.25
for nonresidential
0.50 for
0.50 for
Max. 0.50 for
Max. 1.0 for
nonresidential
nonresidential
nonresidential
residential.
Max. 1.0 for
Max. 1.0 for
Max. 1.0 for residential.
residential.
residential.
Nonresidential only
0.75
0.50
0.50
0.50
Residential only
N/A
N/A
N/A
1.5
Setbacks
The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback
Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and exceptions.
Front
0
0
0
0
Side
0
0
0
0
Side adjoining a
5 ft.
5 fl.
5 ft.
5 ft.
residential district
Rear
0
0
0
0
Rear adjoining residential
5 ft.
5 ft.
5 ft.
5 ft.
2
City Council Ordinance No. 2013 -_
Page 3 of 6
Development Feature
Mu -V
Mu -MM
MU -DW
MU -CV 115th St.
Additional
Regulations
district
Rear adjoining an alley
10 fl.
5 ft.
0
10 ft.
Bulkhead setback
10 ft.
N/A
Open Space
Common open space
Minimum 75 square feel/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.)
Private open space
5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.)
Separation Distance
Minimum distance between detached residential structures on same lot.
10 ft.
10 fl.
10 ft.
10 fl.
Height
MU -V, MU -MM, and MU-
CV /15th St.
MU -DW
Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height
Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height
Limit) for possible increase in height limit.
26 ft. with flat roof, less than 3112 roof pitch
31 A. with sloped roof, 3/12 roof pitch or greater
32 ft. with Flat roof, less than 3112 roof pitch
37 ft. with sloped roof, 3112 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage /Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off- Street Parking).
Satellite Antennas
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
LINIM
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes
only and are not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g.,
condominium) purposes.
(3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands
or tidelands are included in land area of the lot.
(4) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the
purpose of calculating the allowable Floor area of structures.
(5) The minimum density may be modified or waived through the approval of a site development review. The
review authority may only waive or modify the minimum density upon making the finding that the subject
property contains unique site constraints that prevent the project from complying with this standard.
9
City Council Ordinance No. 2013 -
Page 4 of 6
Section 2: Table 2 -11 of Section 20.22.030 of the Newport Beach Municipal
Code is hereby amended new Note No. 6 and read:
TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
7&I
Additional
Development Feature
MU -W1 (3)
MU -W2
Requirements
Lot Dimensions (1)(2)
Minimum dimensions required for each newly created lot.
Lot Area
Mixed -use structures
20,000 sq. fl.
2,500 sq. ft.
Non - mixed -use structures
10,000 sq. ft.
2,500 sq. ft.
Lot Width
Mixed -use structures
200 ft.
25 ft.
Non - mixed -use structures
50 ft.
25 ft.
Density (4)
Minimum /maximum allowable density range for residential uses.
Lot area required per unit
Minimum: 7,260 sq. ft.
Minimum: 1,631
per unit
Maximum: 2,167(6)
Floor Area Ratio (FAR) (5)
Mixed -use development
Min. 0.35 and Max. 0.5
Min. 0.35 and Max. 0.5
for nonresidential uses.
for nonresidential.
Max. 0.5 for residential
Max. 0.75 for residential
uses. (3)
uses.
Lido Marina Village
Max. 1.0 for mixed -use
Min. 0.35
projects
Max. 0.7 for
nonresidential and 0.8
residential.
Nonresidential only
0.5 commercial only (3)
0.5 commercial only
Setbacks
The distances below are minimum setbacks required for primary structures.
See Section 20.30.110 (Setback Regulations and Exceptions) for setback
measurement, allowed projections into setbacks, and exceptions.
Front
0
0
Side
0
0
Side adjoining a residential district
5 ft.
5 ft.
Rear
0
0
Rear residential portion of mixed use
N/A
5 ft.
Rear nonresidential adjoining a residential
N/A
5 ft.
district.
Rear adjoining an alley
N/A
10 ft.
Bulkhead setback
10 ft.
10 ft.
Open Space
7&I
City Council Ordinance No. 2013 -
Page 5 of 6
Development Feature
MU -W7 (3)
MU -W2
Additional
Requirements
Common open space
Minimum 75 square feet/dwelling unit. (The minimum dimension (length and
width) shall be 15 feel.)
Private open space
5% of the gross Floor area for each dwelling unit. (The minimum dimension
(length and width) shall be 6 feet.)
Separation Distance
Minimum distance between detached structures on same lot.
10 ft.
10 ft.
Height
Maximum allowable height of structures without discretionary approval. See
Section 20.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible
increase in height limit.
26 ft. with Flat roof, less than 3/12 roof pitch
31 ft. with sloped roof, 3/12 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage /Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off - Street Parking).
Satellite Antennas
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19
(Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development
purposes only and are not intended to establish minimum dimensions for the creation of ownership or
leasehold (e.g., condominium) purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used for
nonresidential uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged
lands or tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for
the purpose of calculating the allowable floor area of structures.
(6) The minimum density may be modified or waived through the approval of a site development review.
The review authority may only waive or modify the minimum density upon making the finding that the
subject property contains unique site constraints that prevent the project from complying with this
standard.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The City Council hereby declares
that it would have passed this ordinance, and each section, subsection, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
164
City Council Ordinance No. 2013 -
Page 6 of 6
Section 4: This action shall become final and effective thirty days after the adoption of this
Ordinance.
Section 5: 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, and
the same shall become effective thirty (30) 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 23rd day of April, 2013, and adopted on the 14th day of May, 2013, by the
following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
MAYOR
Keith D. Curry
ATTEST:
Leilani Brown, City Clerk
APPROVED AS TO FORM,
OFFICE OF CITY ATTORNEY:
aN --
Aaron Harp, City Attorney N t/ 113
12
Attachment No. CC 2
March 21, 2013, Planning Commission
Staff Report
13
14
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 21, 2013 Meeting
Agenda Item 3
SUBJECT: Mixed -Use Code Amendment (PA2013 -020)
Code Amendment CA2013 -001
APPLICANT: City of Newport Beach
PLANNER: Patrick J. Alford, Planning Manager
(949) 644 -3235, palford(a)newportbeachca.gov
PROJECT SUMMARY
An amendment to the Zoning Code (Title 20) that would modify the minimum lot
area /density standard for MU -V (Mixed -Use Vertical), MU -CV /15th Street (Mixed -Use
Cannery Village and 15th Street) and MU -W2 (Mixed -Use Water) Zoning Districts.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment PC 1) recommending City Council approval
of Code Amendment CA2013 -001.
DISCUSSION
Background
The City Council initiated the amendment on February 12, 2013, at staff's request. Staff
has reviewed a number of proposed mixed -use projects that are unable to meet the
minimum residential density development standard; therefore, these projects are unable
to be considered further.
Introduction
The update of the General Plan in 2006 included several new mixed -use land use
categories. These land use categories were implemented in the Zoning Code by
establishing mixed -use zoning districts. These mixed -use districts include a minimum
residential density development standard, which is intended to provide a sufficient
population to support a viable mixed -use community. The minimum land area /density
standard for each mixed -use zoning district is provided in Table 1.
15
Mixed -Use Code Amendment
March 21, 2013
Page 2
TABLE 1
Zoning District
Densit
Min Lot Area (sf)
Required Per Unit
Max Lot Area (sf)
Required Per Unit
Mixed -Use Vertical
MU-V
2,167
1,631
Mixed -Use Mariner's Mile
MU -MM
2,167
1,631
Mixed -Use DoverNVestcliff
MU -DW
2,167
1,631
Mixed -Use CV/15 Street
MU -CV /15 St
2,167
1,631
Mixed -Use Water 1
MU -W1
7,260
Mixed -Use Water 2
MU -W2
2,167
1,631
Staff has reviewed a number of proposed mixed -use projects that are unable to meet
the minimum residential density development standard. This problem occurs on small
to medium -sized sites on the Balboa Peninsula. In many cases, these sites cannot
accommodate on -site parking for both the minimum number of residential units and the
minimum amount of non - residential floor area. The factors vary, but constraints include
lot size and configuration, conversion of existing buildings, and inability to provide a
parking structure due to cost, lot shape, or shallow water table.
Attachment PC 2 provides two examples of recently proposed mixed -use projects are
having difficulty meeting the minimum residential density. Attachment PC 2 also
provides two examples of mixed -use projects that were approved prior adoption of the
Zoning Code, but could not be approved today because they do not meet the minimum
residential density standard.
Proposed Amendment
The proposed amendment would allow the decision - making body' for a site
development review for a mixed -use project to modify or waive the minimum lot
area /density standard for the MU -V, MU -CV /15th St, and MU -W2) Zoning Districts. This
would be accomplished by adding appropriate notes to the Tables 2 -10 and Table 2 -11
of Section 20.22.030 of the Zoning Code.
The proposed changes to these sections are provided in Exhibit A of the draft resolution
(Attachment PC 1).
Analysis
All mixed use projects require the approval of a site development review. The proposed
amendment would allow an applicant to propose a modification or wavier of the
Mixed -use projects of 1 to 4 dwelling units and nonresidential construction of up to a maximum of 9,999
square feet of gross floor area are decided by the Zoning Administrator. Mixed -use projects of 5 or more
dwelling units and /or nonresidential construction of 10,000 square feet or more of gross floor area are
decided by the Planning Commission.
10
Mixed -Use Code Amendment
March 21, 2013
Page 3
minimum lot area /density standard without the necessity of applying for an additional
application. The Zoning Administrator or the Planning Commission, as the case may
be, would consider the modification or waiver of the minimum lot area /density standard
along with other aspects of the project.
The proposed amendment would not apply to the MU -DW, MU -MM, and MU -W1 Zoning
Districts. The MU -DW Zoning District applies to properties located in the Dover
Drive/Westcliff Drive area. There properties are generally more than an acre in size and
not subject to same constraints as mixed -use properties on the Balboa Peninsula.
The MU -MM and MU -W1 Zoning Districts include the inland and waterfront properties,
respectfully, of the Mariners Mile Corridor. The General Plan vision for the inland
properties is for a mixed -use neighborhood village that would also serve the upland
residential neighborhoods. However, unlike the Balboa Peninsula, this area does not
have an existing residential population and the adjacent upland neighborhoods have
low residential densities. Therefore, maintaining the minimum density is more critical in
providing a sufficient population to support the mixed -use neighborhood village
envisioned by the General Plan.
The MU -W1 Zoning District has a different minimum lot area /density standard (7,260
square feet) than the other mixed -use zoning districts. This implements General Plan
polices that establish a density of 12 units per acre, with the number of units calculated
based on a maximum of 50 percent of the property. This is consistent with the General
Plan vision of a mix of visitor - serving retail and marine - related businesses with only
limited residential along the waterfront. The proposed projects that staff has reviewed
thus far have not had any difficulty in meeting this density standard.
Environmental Review
This item is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations).
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent and which do not result in any changes in land
use or density. In this case, the over 500 parcels potentially affected by the amendment
have an average slope of less than 20 percent; the amendment will not change the land
use category or zoning district of the affected parcels; and the maximum number of
dwelling units per unit of land will not change.
Public Notice
Notice of this amendment was mailed to the owners of all MU -V, MU -CV /15th St, and
MU -W2 Zoning District properties and published in the Daily Pilot, including an eighth
page advertisement, consistent with the provisions of the Municipal Code. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
17
Prepared by:
Patrick J. Alford, Planning Manager
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Case Studies
Mixed -Use Code Amendment
March 21, 2013
Page 4
Submitted
by:
a Wisneski, V\ICP, Deputy Director
AN
Attachment No. PC 1
Draft Resolution
19
20
RESOLUTION NO. 1910
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF ZONING CODE AMENDMENT NO. CA2013 -001
TO MODIFY THE MINIMUM LOT AREAIDENSITY STANDARD
FOR MU -V (MIXED -USE VERTICAL), MU -CV /15TH STREET
(MIXED -USE CANNERY VILLAGE AND 15TH STREET) AND
MU -W2 (MIXED -USE WATER) ZONING DISTRICTS (PA2013-
020)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION I. STATEMENT OF FACTS.
1. On February 12, 2013, the City Council initiated an amendment of the Zoning Code that
would modify the minimum lot area /density standard for mixed use zoning districts.
2. The Planning Commission conducted a public hearing on March 21, 2013, in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the meeting was given in accordance with the Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the parcels potentially affected by the amendment have a average slope
of less than 20 percent; the amendment will not change the land use category or zoning
district of the affected parcels; and the maximum number of dwelling units per unit of land will
not change.
SECTION 3. FINDINGS.
1. Mixed -use properties on the Balboa Peninsula contain unique site constraints that present
difficulties for potential projects to meet the minimum lot area /density standard established
by the Zoning Code.
2. The proposed amendment would allow the decision - making body, in conducting a site
development review for a mixed -use project, to modify or waive the minimum lot area /density
standard for the MU -V, MU -CV /15th St, and MU -W2) Zoning Districts.
21
Planning Commission Resolution No. 1910
Paqe 2 of 2
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2013 -001 as set forth in Exhibit "A."
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2013.
AYES: Ameri, Hillgren, Toerge, and Tucker
NOES: None
ABSTAIN: None
ABSENT: Brown, Kramer, and Myers
I --ya
AIN
Michael Toerge, Chairman
Fred Ameri, Secretary
22
Code Amendment No. CA2013 -001 (proposed amendment is underlined)
Section 20.22.030, Table 2 -10
TABLE 2 -10
DEVELOPMENT STANDARDS FOR VERTICAL AND
HORIZONTAL MIXED -USE ZONING DISTRICTS
Development
Additional
Feature
MU -V
MU -MM
MU -DW
MU -CV /15th St.
Regulations
Lot Dimensions
Minimum dimensions required for each newly created lot.
(1)(2)
Lot Area (2)
2,500 sq. ft.
10,000 sq. ft.
40,000 sq. ft.
5,000 sq. ft.
Lot Width (2)
25 ft.
50 ft.
100 ft.
40 ft
Density Range
Minimum /maximum allowable density range for residential uses.
Lot area required
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
per unit (sq. ft.) (3)
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
L
For property
(5)
beginning 100 ft.
north of Coast Hwy.
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(4) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(5) The minimum density may be modified or waived through the approval of a site development review.
23
Section 20.22.030, Table 2 -11
TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used for nonresidential
uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(6) The minimum density may be modified or waived through the approval of a site development review.
Mil
Additional
Development Feature
MU -Wt (3)
MU -W2
Requirements
Lot Dimensions (1)(2)
Minimum dimensions required for each newly created lot.
Lot Area
Mixed -use structures
20,000 sq. ft.
2,500 sq. ft.
Non - mixed -use structures
10,000 sq. ft.
2,500 sq. ft.
Lot Width
Mixed -use structures
200 ft.
25 ft.
Non - mixed -use structures
50 ft.
25 ft.
Density (4)
Minimum /maximum allowable density range for residential uses.
Lot area required per unit
Minimum: 7,260 sq. ft.
Minimum: 1,631 Maximum:
per unit
2,167 LQ
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used for nonresidential
uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(6) The minimum density may be modified or waived through the approval of a site development review.
Mil
Attachment No. PC 2
Case Studies
25
M
Area: I 5,430 FAR: 0.35
Notes:
The proposed project is does not meet the
minimum residential density standard of the
MU -V Zoning District; a minimum of seven (7)
units is required for a mixed -use project on this
site.
9A [OA [LU NMP
77T
Balboa Mixed
Case Study 1
Use
Location:
801 E. Balboa Blvd
Approval
N/A
Date:
Status:
Proposed
Zone:
MU -V
Land
15,390
Parking:
31
Area:
Floor
18,090
FAR:
1.18
Area:
Residential
Units:
6
Density16.98
Floor
12,660
FAR:
0.82
Area: I 5,430 FAR: 0.35
Notes:
The proposed project is does not meet the
minimum residential density standard of the
MU -V Zoning District; a minimum of seven (7)
units is required for a mixed -use project on this
site.
9A [OA [LU NMP
77T
A
27
-
L
I
A
27
Case Studv 2 13366 Via Lido
r.,.,...,....
N/A
Date:
Status:
Propose
Zone:
MUM2
Land
21,557
Parking:
Area:
Floor
15,373
FAR:
Area:
Residential
Units:
6
Density:
Floor
7,405
FAR:
Area:
Non - Residential
Floor
7,968
FAR:
Area:
47
0.71
12.1 -�
0.34
0.37
The proposed project is does not meet the
minimum residential density standard of the
MUM2 Zoning District; a minimum of nine (9)
units is required for a mixed -use project on
this site.
aswdcw...WPWe t0.36 v
p tv
w w —
L.r
w
In
VIA LIDO
Alternate Parking Layout
noam a zw zu_
r aon�
22
Case Study 3 13388 Via Lido
Location: 3388 Via Lido
Approval 09/14/2010 •°
Date:_
Status: Under construction -
Zone: MU-W2
Land �j�lldl. Ei = --
14,128 Parking: 37
Area: — -- - - - ° — --
Area: (E) 5 -STORY BUILDING
Floor
Area: 19,231 FAR: 1.36
Residential
Units: 2 Density: 3.08
Floor 10,274 FAR: 0.73
g
Non - Residential ' e
Floor 8,957 FAR: 0.63
Area:
Notes:
The project involved the conversion the upper two floors of an existing 5 -story office tower to
residential use.
The project was approved prior to the adoption
of the Zoning Code via an Interim Study Plan. ° - --
The project does not comply with the minimum
residential density standard of the MU -W2
Zoning District; a minimum of six (6) units is
required for a mixed -use project on this site.
�9
Area: I 36,000 FAR: 0.35
Notes:
The project does not comply with the minimum
residential density standard of the MUM2
Zoning District; a minimum of forty -seven (47)
units is required for a mixed -use project on this
site.
rk
II I °II
I
so
Newport Bay
Case Study 4
Marina
Location:
2300 Newport Blvd
Approval
12/7/2006
Date:
Status:
Permits Issued
Zone:
MUM2
Land
102,800
Parking:
251
Area:
Floor
113,100
FAR:
1.1
Area:
Residential
Units:
27
Densit .
11.4
Floor
77,100
FAR:
0.75
Area: I 36,000 FAR: 0.35
Notes:
The project does not comply with the minimum
residential density standard of the MUM2
Zoning District; a minimum of forty -seven (47)
units is required for a mixed -use project on this
site.
rk
II I °II
I
so
Attachment No. CC 3
Proposed changes to Zoning Code Tables
2 -10 and Table 2 -11
31
S2
20.16.010 — Mixed -Use Zoning Districts General Development Standards
New land uses and structures, and alterations to existing land uses and structures, shall
be designed, constructed, and /or established in compliance with the requirements in
Table 2 -10, in addition to the development standards in Part 3 (Site Planning and
Development Standards).
TABLE 2 -10
DEVELOPMENT STANDARDS FOR VERTICAL AND
HORIZONTAL MIXED -USE ZONING DISTRICTS
33
Additional
Development Feature
MU -V
MU -MM
MU -DW
MU -CV /15th St.
Regulations
Lot Dimensions (1)(2)
Minimum dimensions required for each newly created lot.
Lot Area (2)
2,500 sq. ft.
10,000 sq. ft.
40,000 sq. ft.
5,000 sq. ft.
Lot Width (2)
25 ft.
50 ft.
100 ft.
40 ft
Density Range
Minimum /maximum allowable density range for residential uses.
Lot area required per
Minimum: 1,631
Minimum:
Minimum: 1,631
Minimum: 1,631
unit (sq. ft.) (3)
Maximum: 2,167 LQ
1,631
Maximum: 2,167
Maximum: 2,167 (5)
Maximum:
2,167
For property
beginning 100
ft. north of
Coast Hwy.
Floor Area Ratio (FAR)
(4)
Mixed -use development
Min. 0.35 Max. 0.50
Min. 0.25
Min. 0.25 Max.
Min. 0.25
for nonresidential
Max. 0.50 for
0.50 for
Max. 0.50 for
Max. 1.0 for
nonresidential
nonresidential
nonresidential
residential.
Max. 1.0 for
Max. 1.0 for
Max. 1.0 for residential.
residential.
residential.
Nonresidential only
0.75
0.50
0.50
0.50
Residential only
N/A
N/A
N/A
1.5
Setbacks
The distances below are minimum setbacks required for primary structures. See Section 20.30.110
(Setback Regulations and Exceptions) for setback measurement, allowed projections into setbacks, and
exceptions.
Front
0
0
0
0
Side
0
0
0
0
Side adjoining a
5 ft.
5 ft.
5 ft.
5 ft.
residential district
Rear
0
0
0
0
Rear adjoining
5 ft.
5 ft.
5 ft.
5 ft.
residential
district
Rear adjoining an alley
10 ft.
5 ft.
0
10 ft.
Bulkhead setback
10 ft.
N/A
33
Development Feature
F MU -V
MU -MM
MU -DW
MU -CV /15th St.
Additional
Regulations
Open Space
Common open space
Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.)
Private open space
5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.)
Minimum distance between detached residential structures on same lot.
Separation Distance
10 ft.
10 ft.
10 ft.
10 ft.
Height
Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height
Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in
Height Limit) for possible increase in height limit.
MU -V, MU -MM, and MU-
CV /15th St.
MU -DW
26 ft. with flat roof, less than 3/12 roof pitch
31 ft. with sloped roof, 3/12 roof pitch or greater
32 ft. with flat roof, less than 3112 roof pitch
37 ft. with sloped roof, 3112 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage /Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off- Street Parking).
Satellite Antennas
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19
(Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development
purposes only and are not intended to establish minimum dimensions for the creation of ownership or
leasehold (e.g., condominium) purposes.
(3) For the purpose of determining the allowable number of units, portions of legal lots that are
submerged lands or tidelands are included in land area of the lot.
(4) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the
lot for the purpose of calculating the allowable floor area of structures.
(5) The minimum density may be modified or waived through the approval of a site development review.
TABLE 2 -11
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
Development Feature
MU -W1 (3)
MU -W2
Additional
Requirements
Lot Dimensions (1)(2)
Minimum dimensions required for each newly created lot.
M41
35
Additional
Development Feature
MU -W1 (3)
MU -W2
Requirements
Lot Area
Mixed -use structures
20,000 sq. ft.
2,500 sq. ft.
Non - mixed -use structures
10,000 sq. ft.
2,500 sq. ft.
Lot Width
Mixed -use structures
200 ft.
25 ft.
Non - mixed -use structures
50 ft.
25 ft.
Density (4)
Minimum /maximum allowable density range for residential uses.
Lot area required per unit
Minimum: 7,260 sq. ft.
Minimum: 1,631
per unit
Maximum: 2,167 (6)
Floor Area Ratio (FAR) (5)
Mixed -use development
Min. 0.35 and Max. 0.5
Min. 0.35 and Max. 0.5
for nonresidential uses.
for nonresidential.
Max. 0.5 for residential
Max. 0.75 for residential
uses. (3)
uses.
Lido Marina Village
Max. 1.0 for mixed -use
Min. 0.35
projects
Max. 0.7 for
nonresidential and 0.8
residential.
Nonresidential only
0.5 commercial only (3)
0.5 commercial only
Setbacks
The distances below are minimum setbacks required for primary structures.
See Section 20.30.110 (Setback Regulations and Exceptions) for setback
measurement, allowed projections into setbacks, and exceptions.
Front
0
0
Side
0
0
Side adjoining a residential district
5 ft.
5 ft.
Rear
0
0
Rear residential portion of mixed use
N/A
5 ft.
Rear nonresidential adjoining a residential
N/A
5 ft.
district.
Rear adjoining an alley
N/A
10 ft.
Bulkhead setback
10 ft.
10 ft.
Open Space
Common open space
Minimum 75 square feet /dwelling unit. (The minimum dimension (length and
width) shall be 15 feet.)
Private open space
5% of the gross floor area for each dwelling unit. (The minimum dimension
(length and width) shall be 6 feet.)
Minimum distance between detached structures on same lot.
Separation Distance
10 ft.
10 ft.
Height
Maximum allowable height of structures without discretionary approval. See
Section 20.30.060 (Height Limits and Exceptions) for height measurement
requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible
35
Development Feature
MU -W1 (3)
MU-W2
Additional
Requirements
increase in height limit.
26 ft. with flat roof, less than 3/12 roof pitch
31 ft. with sloped roof, 3/12 roof pitch or greater
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage /Display
See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking
See Chapter 20.40 (Off- Street Parking).
Satellite Antennas
See Section 20.48. 190 (Satellite Antennas and Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19
(Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development
purposes only and are not intended to establish minimum dimensions for the creation of
ownership or leasehold (e.g., condominium) purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used
for nonresidential uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are
submerged lands or tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of
the lot for the purpose of calculating the allowable floor area of structures.
M
so
Attachment CC 4
Draft March 21. 2013, Planning Commission
Minutes
37
S2
NEWPORT BEACH PLANNING COMMISSION MINUTES 3/21/13
ITEM NO. 3 MIXED -USE CODE AMENDMENT (PA2013 -020)
Site Location: City of Newport Beach
Planning Manager Patrick Alford presented details of the report including background and direction by
the City Council to initiate an amendment that would allow the ability to modify the minimum lot
area/density standard. He addressed applicable zoning areas and districts and presented
recommendations as stated in the report. A revised Exhibit A to the draft resolution was distributed
to correct a few typographical errors.
Commissioner Tucker clarified actions needed at this time.
Interested parties were invited to address the Planning Commission on this matter.
Jim Mosher pointed out typographical errors needing correction and opined that the literal form of the
amendment is not a valid amendment to the Zoning Code. He referenced Section 418 of the City
Charter as well as recent changes relative to amending sections or sub - sections in their entirety and
commented on the need to clarify the tables within the document.
There being no others wishing to address the Planning Commission, Chair Toerge closed the public
hearing.
Discussion followed regarding an existing procedure for rounding numbers within the Zoning Code.
Motion made by Commissioner Tucker and seconded by Commissioner Ameri and carried (4 — 0 —
3), to adopt a resolution recommending the City Council approval of Code Amendment CA2013 -001.
Commissioner Tucker suggested that going forward staff complete the staff report so that it is
consistent with the City Charter requirements.
Assistant City Attorney Mulvihill indicated that the City Attorney's office agrees with his comments.
AYES:
Ameri, Hillgren, Toerge, and Tucker
NOES:
None
ABSTENTIONS:
None
ABSENT:
Brown, Kramer, and Myers
Page 4 of 5
39