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Home My WebLink About2013-9 - Approving Code Amendment No. CA2013-001 Modifying Lot Area/Density Standard for MU-V, MU-CV/15th Street and MU-W2ORDINANCE NO, 2013-9 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 Hail 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. 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 Street, and MU -W2 Zoning Districts. City Council Ordinance No. 2013-9 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 -1-14), 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: DEVELOPMENT STANDARDS FOR VERTICAL AND HORIZONTAL MIXED-USE ZONING DISTRICTS Additional Development Feature MU -V Mu.MM MU -DW MU-CV115th St. Regulations Lot Dimensions (1)(2) Minimum dimensions required for each newly created tot. Co. Area {2} 2,;100 sq. ft. 10,000 sq- IL 40,000 sq. ft- 5,000 sq ft. Lot Width (2) 50 ft. 100 ft'. 40 ft Density Range Minor im!msximum allowable density range for residential uses. I £.ot area required parr unit Miminum: 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 i Min. 0.25 Max. Min. 0.25 for nonresidential 0.50 for I 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 NIA ( N/A 1.5 Setbacks The distances below are minimum setbacks required for primary structures. See Section 20.30.110 (Setback i - 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 residential 5 ft. 5 ft. 5 ft. 5 ft. City Council Ordinance No. 2013-9 Page 3 of 6 Development Feature MU -V Mu•MM MU -DW MU-CV/15th St. Additional Regulations district Rear adjoining an alley 10 ft. 5 ft. 0 10 ft. Bulkhead setback 10k N/A Open Space Common open space Minimum 75 square feetfdwelling 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- CV115th St. _ MU -DW 26 ft. with fiat roof, less than 3112 roof pitch 31 ft. with stoped roof, 3/12 roof pitch or greater 32 ft. with flat roof, less than 3/12 roof pitch 37 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) AJI 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 uponmakingthe finding that the subject property contains unique site constraints that prevent the project from complying with this standard. City Council Ordinance No. 2013-9 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: ilf 1-3R4pailil Additional Development Feature MU -W1 (3) MLI -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 It. - 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. 6.35 projects Max. 0.7 for nonresidential and 0.6 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 City Council Ordinance No. 2013-9 Page 5 of 6 Development Feature MU -W1 (3) MU -W2 Additional Requirements 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.) 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). (votes: (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 their 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. more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the z3_ day of _A, r 7 , 2013, and adopted on the t 4_ day of May , 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS Gardner, Petros, Hill Selich, Henn, Daigle, Mayor Curry NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None r,etn u. L urry ATTEST: &A LEILANI t. BROWN, CITY CLERK. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE I e,� C AARON C. HARP, CITY ATTORNEY W1 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2013-9 was duly and regularly introduced on the 23rd day of April, 2013, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14th day of May, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of May, 2013. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } 4M� - �M4,A� City Clerk, City of Newport Beach, California ,:-60"-' (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2013-9 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: April 27, 2013 Adopted Ordinance: May 18, 2013 In witness whereof, I have hereunto subscribed my name this �001day of 2013. on hJ`,... €=. ` �? City Clerk City of Newport Beach, California ,. (Seal)