HomeMy WebLinkAbout18 - PSA for Zoning Code and Budget AmendmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No.12
March 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Gregg Ramirez, Senior Planner
(949) 644 -3219, gramirez @city.newport- beach.ca.us
SUBJECT: Professional Services Agreement for Comprehensive Rewrite of the
Zoning Code (Title 20) and Planning Department Budget Amendment
RECOMMENDATION:
Approve the Professional Services Agreement (PSA) with Hogle- Ireland for the
Zoning Code Rewrite and CEQA Review.
Approve budget amendment transferring $632,420 from the unappropriated
General Fund reserve to a new Planning Department account, 2710 -XXXX
Zoning Code Rewrite.
DISCUSSION:
Background:
As a result of the voters approving the General Plan Update, the Zoning Code must be
re -written to create consistency with the General Plan and implement new policies. The
recently adopted General Plan introduces many new land use designations including
new mixed -use designations tailored for specific geographic areas. The project includes
writing new zoning provisions for these land use designations.
The Proposal for Preparation of a Zoning Code Rewrite also requires the consultant to
re- evaluate, and rewrite as necessary, use and development regulations of zoning
districts that will be carried over into the new Zoning Code, as well as all residential and
commercial development regulations to simplify use of the new Zoning Code. The
proposal does not include altering the recently adopted Sign Code (Chapter 20.67). The
General Plan /Local Coastal Program Implementation Committee and staff will work
closely with the Consultant during the course of the rewrite. The following is a list of
identified issues that will be addressed:
Zoning Code Rewrite PSA
March 27, 2007
Page 2
1. New districts, including additional residential density categories, additional
commercial categories, mixed -use districts and possible overlay zones to
implement new General Plan
2. Inclusionary housing requirements
3. Flexible zoning provisions to encourage development of desirable uses
4. Incentives /restrictions for waterfront uses
5. Incentives for marine businesses in West Newport Mesa
6. Prohibition of on -shore facilities for off -shore oil and gas production
7. Stronger waterfront access requirements
8. Public view protection
9. Revision of definitions
10. Revision of Use Classifications/Tables
11. Modification Permit Chapter
12.Accessory structure regulations
13. Eating and drinking establishment regulations
14. Chapter 20.86 (Low and Moderate Income Housing in the Coastal Zone)
15. Convert Specific Plans to conventional zoning or overlay zones
16. Transfer of Development Rights
17. Lot consolidation incentives (West Newport, Old Newport Boulevard, Mariners'
Mile)
18. Height and grade regulations
19. Residential setbacks to remain on District Maps vs. a more general regulation
20.Alternatives to FAR for regulating size and bulk of houses
21. Minimum standards for residential outdoor living area /open space
22. Residential neighborhood character: design standards or guidelines, without a
formal review process
23. Commercial interfaces with non - residential uses and buffering requirements
24. Commercial parking standards and in -lieu fee
25. Residential parking requirements based on size of homes
26. Establish lighting standards for commercial and residential uses
27. Non - conforming provisions
28. Review all Specific Plans and convert to conventional zoning, overlays or
specific plans as defined in State law
29. Standards for commercial parking on residential lots in Corona del Mar
30. New provisions for rebuilding non - conforming commercial floor area in Corona
del Mar
31. Natural habitat protection regulations for development adjacent to Buck Gulley
and Morning Canyon
32. Coordination with Staff on the Local Coastal Program Implementation Plan
Additionally, the proposal includes an optional analysis of the existing Planned
Community regulatory documents to make necessary changes to implement the
General Plan, and the Committee recommended that this task be included. The
consultants will also review the PCs and rewrite them as necessary to improve
Zoning Code Rewrite PSA
March 27, 2007
Page 3
interpretation and administration. The budgeted amount for this task ($50,420) is an
estimate at this time as the consultants have not had the opportunity to review the PC
texts in detail yet. In addition, the consultants will not perform this work for PCs that are
being amended by private property owners.
Consultant Team
The consultant team consists of principals from five planning firms, with decades of
combined experience writing zoning codes. Ron Pflugrath, AICP, of Hogle Ireland will
act as the Project Manager. Mr. Pflugrath worked on the comprehensive Sign Code
update completed in 2005. Other team members include Bruce Jacobson of Jacobson
and Wack, Laura Stearns of RBF Consulting, Paul Crawford, FAICP, of Crawford
Multari & Clark Associates and Elwood (Woodie) Tescher, FAICP, of EIP Associates.
The scope of work specifies that the principals listed above will perform the actual
writing of the Code and provide advice and options for implementing General Plan
policies.
Public Participation
The Zoning Code Rewrite project will include the appointment of a Technical Advisory
Committee to work with the GP /LCP Implementation Committee. Comprised of local
architects and developers, this sub - committee will assist the Committee and staff in the
review of certain code provisions. Additionally, three public workshops will be held
during the course of the rewrite to keep interested citizens and members of the
development community apprised of the progress and identified issues.
Schedule
The schedule identifies tasks for the period of April 2007 — January 2008. The
consultant team will meet with the General Plan /LCP Implementation Committee a
minimum of every other week. Public Hearings on the Zoning Code Rewrite are
tentatively scheduled to begin in November with the Planning Commission and in
December with the City Council.
Budoet
Exhibit B of the Addendum to Proposal outlines the cost of the services identified in the
Proposal. The consultant is proposing a total budget of $582,420, including
environmental review, an on -line version of the code and the estimate of $50,420 for the
PC texts (see Section E, Task 6 of the original budget). The budget includes work from
all five of the consultant team members, three public workshops and multiple meetings
with the General Plan /LCP Committee and staff. Details of the hourly rates are included
in Section E of the Proposal (Exhibit A).
Zoning Code Rewrite PSA
March 27, 2007
Page 4
The Proposal does not include printing costs. It is anticipated that printing costs will be
approximately $50,000 bringing the total budget to $632,420.
Budget Amendment
Since funds were not appropriated for the Code Rewrite in the 2006 -2007 fiscal year
budget, staff is requesting that $632,420 be placed into a new Planning Department
account, 2710 -XXXX Zoning Code Rewrite. Unspent funds will be carried over into a
new Zoning Code Rewrite account next fiscal year.
Environmental Review:
The PSA is not defined as project subject to CEQA. However, the Zoning Code Rewrite
is subject to CEQA and review of the project pursuant to CEQA will be completed.
Public Notice:
None required.
Prepared by:
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Gregg K. Aamired
Senior Planner
Attachment:
Submitted by:
Sharon Z. Wood
Assistant City M' ger
A. Professional Services Agreement with Hogle- Ireland, Inc.
ATTACHMENT A
s
PROFESSIONAL SERVICES AGREEMENT WITH
HOGLE- IRELAND, INC. FOR ZONING CODE REWRITE
THIS AGREEMENT is made and entered into as of this 2nd day of April, 2007, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and
Hogle- Ireland, Inc. a California Corporation whose address is 2860 Michelle Drive,
Irvine, California ( "Consultant"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City is planning to perform a comprehensive re- of the Zoning Code (Title 20 of
the Municipal Code) for the purpose of implementing the General Plan.
C. City desires to engage Consultant to perform a Zoning Code rewrite that will
include an evaluation of the General Plan and existing Zoning Code and the
drafting of new land use districts, regulations, administrative procedures and all
other sections of the Zoning Code ( "Project").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be Ron
Pflugrath, AICP, of Hogle- Ireland.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 1st day of June, 2008, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Proposal for
Preparation of a Zoning Code Rewrite and Proposal Addendum (Scope of
Services) and attached hereto as Exhibit A and incorporated herein by reference.
FA-
The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Consultant shall perform the services in accordance with the schedule included
in Exhibit A. The failure by Consultant to strictly adhere to the schedule may
result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for
performance in writing to the Project Administrator not later than ten (10)
calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may
grant reasonable time extensions for unforeseeable delays that are
beyond Consultant's control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Schedule of
Billing Rates included in Exhibit A and Exhibit B and incorporated herein by
reference. Consultant's compensation for all work performed in accordance with
this Agreement, including all reimbursable items and subconsultant fees, shall
not exceed Five - Hundred Eighty Two Thousand Four Hundred Twenty
Dollars and no /100 ($582,420) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the
prior written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
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in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
A. The actual costs of subconsultants for performance of any of the
services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibits A and B.
4.4 Notwithstanding any other provision of this Agreement, when payments
made by City equal 90% of the maximum fee provided for in this
Agreement, no further payments shall be made until City has accepted the
final work under this Agreement.
S. PROJECT MANAGER
Consultant has designated Ron Pflugrath, AICP as Project Manager. He shall
coordinate all phases of the Project. This Project Manager shall be available to
City at all reasonable times during the Agreement term. Consultant shall not
remove or reassign the Project Manager or any personnel listed in Exhibit A or
assign any new or replacement personnel to the Project without the prior written
consent of City. City's approval shall not be unreasonably withheld with respect
to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the City Manager's Office. SHARON
WOOD shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his /her authorized
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representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Consultant's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Consultant will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Consultant and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Consultant to practice its profession.
Consultant further represents and warrants to City that Consultant shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of this Agreement, any and all licenses, permits, insurance and other
approvals that are legally required of Consultant to practice its profession.
Consultant shall maintain a City of Newport Beach business license
during the term of this Agreement.
8.3
Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
cork promptly, or delay or faulty performance by City, contractors, or
iovernmental agencies.
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9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
and employees (collectively, the "Indemnified Parties') from and against any and
all claims (including, without limitation, claims for bodily injury, death or damage
to property), demands, obligations, damages, actions, causes of action, suits,
losses, judgments, fines, penalties, liabilities, costs and expenses (including,
without limitation, attorney's fees, disbursements and court costs) of every kind
and nature whatsoever (individually, a Claim; collectively, "Claims "), which may
arise from or in any manner relate (directly or indirectly) to any work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
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11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and Prior to commencement
of work. Consultant shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City's at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
D. Coverage Requirements.
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I. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Consultant shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractor's
employees. Any notice of cancellation or non - renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non-
payment of premium) prior to such change. The insurer shall agree
to waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
iii. Automobile Liabilitv Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Consultant arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than one million dollars ($1,000,000) combined single limit for
each occurrence.
iv. Professional Errors and Omissions Insurance. Consultant shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of one million dollars
($1,000,000).
E. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Consultant.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
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directly or indirectly from the Consultant's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) calendar days (10 calendar days
written notice of non - payment of premium) written notice has been
received by City.
F. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Consultant's performance under this Agreement.
G. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50%) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
City and Consultant agree that subconsultants are to be used to complete the work
outlined in the Scope of Services. The subconsultants authorized by City to
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perform work on this Project are identified in Exhibit A. The subconsultants
authorized to work on the Project are Bruce Jacobson of Jacobson and Wack,
Laura Steams of RBF Consulting, Paul Crawford, FAICP, of Crawford Multari &
Clark Associates and Elwood Tescher, FAICP, of EIP Associates Consultant shall
be fully responsible to City for all acts and omissions of the subcontractors.
Nothing in this Agreement shall create any contractual relationship between City
and subcontractors nor shall it create any obligation on the part of City to pay or to
see to the payment of any monies due to any such subcontractors other than as
otherwise required by law. Except as specifically authorized herein, the services to
be provided under this Agreement shall not be otherwise assigned, transferred,
contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents'), prepared or caused to be prepared by
Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Consultant
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Consultant. By acceptance of CADD data, City agrees to indemnify
Consultant for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by CITY in ".dwg° file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
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transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
20. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his/her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
21. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
22. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
23. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or his /her designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
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investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
24. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Consultant, the additional design, construction and /or
restoration expense shall be borne by Consultant. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
26. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
26. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
27. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Consultant and conclusively shall
be deemed served when delivered personally, or on the third business day after
the deposit thereof in the United States mail, postage prepaid, first -class mail,
addressed as hereinafter provided. All notices, demands, requests or approvals
from Consultant to City shall be addressed to City at:
Attn: Sharon Wood
City Manager's Office
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
Phone: 949- 644 -3222
Fax: 949 -644 -3020
11 4
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: Ron Pflugrath, AICP
Hogle- Ireland, Inc.
2860 Michelle Drive
Irvine, Ca. 92606
Phone: 949- 553 -1427
Fax: 949- 553 -0935
28. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
29. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
30. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
12 �>
31. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
32. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
33. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
34. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
35. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
36. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
37. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
13 /P
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Robin Clausen
City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Steven Rosansky
Mayor
for the City of Newport Beach
CONSULTANT:
By:
Hogle- Ireland, Inc.
CONSULTANT:
Hogle- Ireland, Inc.
Attachments: Exhibit A — Proposal for Code Rewrite
Exhibit B— Addendum to Proposal
14 1 g
Exhibit A
Zb
February 23, 2007
Gregg Ramirez, Senior Planner
City of Newport Beach
Planning Department
3300 Newport Blvd
Newport Beach, CA 92663
Subject: Request for Proposal, Zoning Code Rewrite
Dear Mr. Ramirez:
Irvine
Riverside
Palm Springs
On behalf of our Newport Beach consulting team, Nogle- Ireland (lead firm) is pleased to
submit this proposal for the preparation of the City's Zoning Code rewrite and the Planned
Community Development Plan revisions.
In order to provide the City of Newport Beach with the best possible expertise for the
Zoning Code rewrite, we have brought together a team of knowledgeable consultants with
relevant experience in the City of Newport Beach. Our team consists of Nogle- Ireland, Inc.,
Jacobson & Wack (J &W), Crawford Multari & Clark Associates (CMCA), RBF Consulting
(RBF), and EIP Associates (EIP). All team members have worked together on other
assignments and several have a long- standing relationship for the preparation of zoning
documents. EIP Associates (General Plan consultant) is an especially welcome member of
the team. They provide the "bridge" to the General Plan and an in depth understanding of
the factors that contributed to the identification of, the objectives for, and expected
outcomes of the General Plan policies and implementation strategies.
As our proposal demonstrates, we have extensive experience in updating zoning codes
and other general plan implementation documents and ordinances. The proposal contains
a list of projects for your review along with a list of selected references. We believe that our
team's familiarity with zoning code preparation, together with our experience in Newport
Beach (e.g., 2005 Sign Chapter and General Plan), will yield a superior document and will
enable the successful completion of the Zoning Code rewrite within the City's aggressive
schedule and approved budget. Our team also provides local accessibility with our project
manager located in Irvine. Further, you should know that it is not our policy to ask for
additional funds to complete a project unless the additional requested work is agreed to
with City staff.
We would like the opportunity to demonstrate our sincere interest in working with the City of
Newport Beach. We encourage you to contact our previous clients to confirm that our team
will deliver an excellent product that meets and even exceeds the City's expectations. If
you have any questions or require further information, please contact me at 949 - 553 -1427.
Respectfully submi d,
/ZX__11
Ron Pflugrath, AIC�
Senior Project Manager
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Proposal for Preparation of a
Zoning Code Rewrite
February 23, 2007
Prepared for the City of Newport Beach by:
Hogle- Ireland
Jacobson & Wack
Crawford Multari & Clark Associates
RBF Consulting
EIP Associates
I�
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City of Newport Beach Proposal for Zoning Code
A. UNDERSTANDING OF THE PROJECT
When residents voted to approve the City's new General Plan in November, 2006 they did so
with the expectation that the City's character would be maintained and when change did occur it
would be for the better. Of course, the notion of what "change for the better" means can include
maintaining the status quo, or fixing this or that slightly, or to some it might mean sweeping
change. Sweeping change, however, is not what Newport Beach is about. Newport Beach is a
mature city that is mostly built out, but that still desires to provide opportunities for growth and
physical change through quality infill development and appropriate redevelopment. Through its
new General Plan, the City seeks to preserve what is best about Newport Beach and to promote
change in those areas where improvement will lead to the quality character that the City is so
proud of.
Policies in the City's new General Plan seek to "preserve, improve, promote, and maintain' the
character and quality of the City. Our consulting team is aware of this theme, which is further
evidenced by phrases like;
Preserve the charm and beauty of residential neighborhoods
Promote revitalization of older commercial areas
Maintain the unique character of neighborhoods and business districts
Improve circulation
Preserve public views
As the General Plan states, "Policies for the development of individual parcels are inseparable
from those that address how they will fit together to create places that are valued by the City's
residents —safe and attractive neighborhoods, walkable and active commercial districts, and
hillsides, beaches, water, and open spaces that provide recreation and respite from an active
lifestyle." We see our task for the Zoning Code rewrite as an extension of this idea. For while
the General Plan provides the broader context for City development, maintenance, and
preservation - how things fit and work together - it is the Zoning Code that determines what and
how things happen on individual parcels that eventually fit together to form the greater City. In
other words, the Zoning Code rewrite must pay attention to the smallest details.
We understand that the General Plan establishes new land use categories, policies, and
standards that require substantive revision of the Zoning Code in order to implement the
General Plan and the community's vision for the future. At its core, the updated General Plan
provides for the development of new housing to enhance existing underutilized districts. Other
than Banning Ranch, this would occur within existing developed areas of the City as infill and
replacement of previously permitted retail and office development capacity. To this end, a
critical challenge for the Zoning Code rewrite will be the specification of development standards
that achieve the compatible integration of housing with non - residential uses. The updated
General Plan establishes a framework of policies for the development of cohesive residential
villages within the Airport Area's fabric of office and industrial development and general policies
for other commercial corridors and industrial districts. These policies must be elaborated on In
drafting the Zoning Code rewrite. Other areas targeted for mixed -use are Mariners' Mile, West
Newport Industrial, Newport Center /Fashion Island, and Balboa Peninsula,
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City of Newport Beach Proposal for Zoning Code
Other General Plan policies for which development regulations need to be written are directed
at achieving more economically sustainable districts, including lot consolidation in underutilized
areas along Old Newport Boulevard and in West Newport and incentives for the attraction of
marine - related businesses to the latter. Exclusions from floor area ratio requirements for the
reconstruction of existing businesses in Corona del Mar also need to be provided.
In preparing the updated Zoning Code, we will be mindful of the requirements of City Charter
Section 423 (Measure S) that restrict development capacities in the City without further voter
approval. These have been accounted for in the updated General Plan's land use maps that
specify residential density nonresidential floor area ratios and, in some cases, maximum
number of additional units and building square feet that can be accommodated. These also
need to be reflected in the City's system of zoning maps.
These and other key issues have been identified by the City's request for proposals, which are
to be addressed in the Zoning Code rewrite. During our team's Zoning Code rewrite process, we
will thoroughly review the General Plan, Zoning Code, and draft Local Coastal Program (LCP)
Implementation Plan and identify any additional issues that may be necessary to add to the list
to achieve an effective and usable ordinance. We will provide the Committee and staff with a
disposition matrix indicating how and where each of the issues will be addressed in the new
Zoning Code.
Additionally, we understand that the current Zoning Code contains a number of speck plans
that should be: 1) eliminated and their land use designations converted to conventional zoning,
2) converted to special overlay zoning districts, or 3) remain as specific plans and updated to
comply with State law. We will review the specific plans and make recommendations for their
elimination, conversion, or updating. For those that are to be eliminated or converted, we will
provide speck Zoning Code text to implement the selected course of action. For those that are
to be updated to comply with State law, we will advise staff as to needed revisions.
We further understand that the Zoning Code has not been comprehensively updated (except the
sign chapter in 2005) since its adoption in 1950. As a result of piecemeal changes and fixes
over the years, the current Code is difficult to use, provides little flexibility, contains many
exceptions, lacks adequate cross references and definitions, and contains standards that are
difficult for staff and the public to understand, leading to wasted time at the public counter and in
plan checking. We will reorganize, clarify, and simplify the Zoning Code so that users can find
clearly understandable answers to their questions promptly.
Our objectives for the Zoning Code rewrite are based on our understanding of the issues
discussed above, the requirements expressed in the City's request for proposals, discussions
with City staff, and our team's knowledge of the City. Based on this knowledge and
understanding, we have developed a scope of work that will result in a new, comprehensively
reorganized Zoning Code that implements the General Plan and Local Coastal Program and
that is user friendly; written in clear, concise, easy -to- understand language; internally consistent;
visually enhanced using quality graphics, tables, and matrices; responsive to current
development trends; and easy to administer, enforce, and update.
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City of Newport Beach Proposal for Zoning Code
As we currently envision the Zoning Code rewrite process, the following series of documents will
be prepared:
1. Administrative Draft segments: First draft for Committee and staff review.
2. Preliminary Draft: First time committee and staff see the complete document.
3. Screencheck Draft: Third draft to ensure that comments have been appropriately
addressed.
4. Public Review Draft: Fourth draft for Planning Commission and City Council
review /approval.
5. Screenc heck Final Zoning Code: Draft to ensure accurate incorporation of changes
approved by City Council.
6. Final Zoning Code: Final Zoning Code for codification and publication.
7. CEQA Documentation (optional): Negative Declaration using the General Plan and
General Plan EIR as supporting document.
8. Online code (optional).
In addition to the Zoning Code rewrite, the City has requested a review of approximately 47
existing Planned Community (PC) Development Plans to identify potential changes needed to
implement the new General Plan. We have provided a separate scope of work and fee to
accomplish this task. We will work closely with staff to identify which PC's need to be amended
and which can be eliminated through rezoning. We also understand that in several cases private
property owners will be providing their own recommended amendments.
Finally, we have included an optional task to provide environmental documentation for the
Zoning Code rewrite. Based on our past experience, a negative declaration based on findings of
the General Plan EIR should be sufficient. An additional optional task is to provide an online
code.
We anticipate working very closely with the Committee and City staff throughout the process of
Zoning Code preparation, review, and adoption and the Planned Community Development Plan
revisions. We have established regularly scheduled meetings with the Committee and staff to
ensure that the project moves forward in a consistent manner to meet the City's Identified
deadline for adoption. We will also be highly responsive to any evolving City objectives that may
emerge as the Zoning Code is rewritten and reviewed.
Hogle- Ireland • Jacobson & Wack • Crawford Multari & Clark Associates • RBF Consulting • EIP Associates A-3
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City of !Newport Beach Proposal for Zoning Code
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City of Newport Beach Proposal for Zoning Code
B. TASK AND PRODUCT DESCRIPTION
The following recommended work program is based on our current understanding of the City's
needs and our experience with other similar projects. We are prepared to revise the scope of
work as necessary to better satisfy the City's expectations for the project, Its available
budget, and any time constraints.
Task 1 - Scope Refinement and Committee and City Staff Participation
The consultant team will develop an in -depth understanding of the City's expectations and
objectives for the updated Zoning Code before beginning to draft the document:
Subtasks:
1.1 Initial Scoping Meeting. The consultant team will hold a meeting with appropriate City
staff members and representative(s) of the City Attorney's Office to:
• Review the Ci*s expectations for the updated Zoning Code.
• Refine and detail the project scope, budget, and work schedule as necessary.
• Discuss problems and issues associated with present City land use and
development regulations (including regulatory topics that need attention but are not
fully addressed in current ordinances).
• Discuss the status and probable disposition of each of the seven existing Specific
Plans to facilitate completion of Task 3 (Specific Plans), below.
• Tour the City in order to gain further understanding of the development issues and
related Zoning Code fixes.
• Review and discuss preliminary format and organization alternatives.
• Receive from the City documents relevant to the updated Zoning Code including, but
not limited to, General Plan EIR, environmental guidelines, zoning 'map, and other
planning policy or regulatory documents (e.g., specific plans, redevelopment plans,
Municipal Code, etc.).
1.2 Document Review. The consultant team will review all City documents relevant to the
updated Zoning Code identified in Subtask 1.1, above. This subtask will involve
particular attention to highlighting the goals and policies of the updated 2006. General
Plan and contents of the draft 2006 LCP Implementation Plan. We will also work with
City staff to review the overall Municipal Code to identify other provisions that should be
included In the updated Zoning.Code, or that will at least need to be understood so that
no conflicts occur with the updated Zoning Code provisions.
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City of Newport Beach Proposal for Zoning Code
1.3 Initial Committee Meeting. The consultant team will conduct a "kick -off' meeting with
the Committee and appropriate City staff to initiate the work program for updating the
Zoning Code.
PRODUCTS: Refined Scope of Work for the updated Zoning Code, If needed
Refined Work Schedule :
1.4 Summary Matrix of Zoning Code Issues. Based upon the results of meetings with the
Committee and staff, and document review, the consultant team will prepare an initial
Summary Matrix of Zoning Code Issues. The matrix will list the 32 items identified in
Task One (Zoning Code Rewrite) of the City's RFP and other deficiencies in the existing
Zoning Code identified during completion of Subtasks 1.1, 1.2, and 1.3. The matrix will
indicate the revisions to correct these deficiencies and where the revisions will be
addressed in the updated Zoning Code. The matrix Can be used to track revisions to the
existing Zoning Code during the drafting process and is intended to assist in the
preparation of staff report(s) when the updated Zoning Code goes through the public
review and adoption process. It is expected that the matrix will undergo significant
revision prior to project completion,
PRODUCTS: Summary Matrix of Zoning Code Issues (one electronic copy)
Task 2 - Zoning Code Preparation (RFP Task One: Zoning Code Rewrite)
The updated Zoning Code will be crafted to implement the 2006 General Plan as well as the
draft 2006 LCP Implementation Plan for those' portions of the community located within the
Coastal Zone. Consistency with both documents will be the guiding principle for the
development of the updated Zoning Code.
The consultant team suggests preparation and delivery of an Administrative Draft of the updated
Zoning Code in segments, rather than in a single deliverable. Our experience indicates that it Is
easier for staff to give timely feedback and review of the overall content of the Draft Zoning
Code when presented in segments. The order and content of the segments can be modified as
desired by staff.
Subtasks:
2.1 Draft Zoning Code Format and Outline. Based on input received during completion of
Task 1 (Scope Refinement and Committee and City Staff Participation), above, the
consultant team will prepare a draft annotated outline, style sheet, and sample Chapter
format to illustrate the recommended format and style of the updated Zoning Code. The
32 issues identified in Task One of the RFP will be addressed in the tasks and subtasks
identified in the Issue Disposition Table, below. After staff review, the consultant team
will finalize any desired changes.
The consultant team will work with the Committee and City staff to provide information
on the status of the updated Zoning Code project on the City's website.
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City of Newport Beach Proposal for Zoning Code
Issue Dis ositlon Table
List of Issues
(From list provided In Task One of the RFP)
Task ✓§
Subtask
Numbers
1
New districts, including additional residential density categories, additional commercial
ca ones mixed -use districts and possible overlay zones to implement new General Plan
2.2
2
Inciusionary housing requirements
2.3
3
Flexible zoning provisions to encourage development of desirable uses
2.3
4
Incentives restrictions for waterfront uses
2.3
5
Incentives for marine businesses in West Newport Mesa
2.3
6
Prohibition of onshore facilities for offshore oil and gas production
2.2
7
Strom er waterfront access requirements
2.3
8
Public view Drotection
2.3
9
Revision of definitions
2.2
30
Revision of use classifications/tables
2.2.
11
Modification Permit Chapter
2.4
12
Accessory structure regulations
2.3
13
Eating and drinking establishment regulations
2.3
14
Chapter 20.86 Low and Moderate Income Housing in the Coastal Zone
2.3
15
Convert S ecific Plans to conventional zoning or overlay zones
2.2 and 5
16
Transfer of Development Rights
2.3
17
Lot consolidation Incentives (West Newport, Old Newport Boulevard Mariners' Mile
2.2 and 2.3
18
Height and grade regulations
2.2 and 2.3
19
Residential setbacks to remain on District Maps vs. a more general regulation
2.2
20
Alternatives to FAR for regulating size and bulk of houses
2.2 and 2.3
21
Minimum standards for residential outdoor livinci arealopen space
2.3
22
Residential neighborhood character: Design standards or guidelines without a formal
review Process
2.3
23!'.•.
- Commercial Interfaces with nonresidential uses and bufferfnq requirements
2.2 and 2.3
24
Commercial Parldng standards and in -lieu fee '
2.3
25
Residential parldng requirements based on size of homes
2.3
26
Establish lighting standards for commercial and residential uses
2.3
27
Nonconforming provisions
2.4
28
Review all Specific Plans and convert to conventional zoning, overlays, or specific plans as
defined In State law
5
29 1
Standards for commercial parldng on residential lots in Corona del Mar
2.3
30
New prmisions for rebuilding nonconforming commercial floor area in Corona del Mar
2.2 and 2.4
31
Natural habitat protection regulations for development adjacent to Buck Gulley and
Mornin Can on
23
32
Coordination with Staff on the Local Coastal Program Implementation Plan
2
PRODUCTS: Zoning Code fomnat style sheet; sample chapter in tentatively approved
fomnat (one electronic copy)
Project update sheets (up to 10 one page documents).
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City of Newport Beach Proposal for Zoning Code
2.2 Zoning District Provisions. The consultant team will draft the chapters of the updated
Zoning Code containing regulations applicable in specific zoning districts and any
special purpose and overlay /combining districts. At a minimum, these provisions will
address the following and any other topics desired by the City.
A land use classification system that clearly identifies uses that may be allowed in
each zoning district. This classification system will consolidate the City's current use
categories and use descriptions by providing for uses that are not currently
addressed and by using clear terminology to define each allowable use. The
classification system will employ up-to -date terminology, and an appropriate
combination of specific and generic land use types. Definitions of all land use types
included within the classification system will also be provided.
2. Descriptions of each zoning district, the land uses allowed within them, and the type
of ministerial or discretionary land use approval required for each use (some uses
may be allowed with no land use permit, subject to compliance with applicable
standards and obtaining any necessary construction permits) will be provided.
Special attention will be given to reviewing each zoning district with staff to ensure
that specific uses are appropriate and consistent with the updated General Plan.
New zoning districts with appropriate uses will be added to implement the new land
use designations provided in the General Plan (e.g., Residential Neighborhoods,
Commercial Districts and Corridors, Commercial Office Districts, Industrial Districts,
Airport Supporting Districts, Mixed -Use Districts, and Public, Semi - Public and
Institutional Districts).
3. Development standards for each zoning district (e.g., building envelope standards,
floor area ratios, height limitations, setback requirements, site coverage
requirements, etc.) organized in tables and graphically illustrated wherever possible.
4. Ensure consistency with the General Plan land use designations and implement the
General Plan policies.
5. Ensure consistency with the draft 2006 LCP Implementation Plan for those portions
of the community located within the Coastal Zone.
6. Definitions of technical terms and phrases used in the updated Zoning Code,
including abbreviations. An initial set of definitions will be included with the first
submittal and will be supplemented in subsequent drafts.
The zoning district provisions will be sent to City staff for review and distribution to the
Committee. The consultant team will then meet with the Committee and staff to discuss
desired changes and direction for our work in Task 2.3.
PRODUCTS: Administrative draft zoning district provisions, revised definitions (one
electronic copy)
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City of Newport Beach Proposal for.Zoning Code
2.3 General Development and Specific Use Standards. The consultant team will draft the
chapters of the updated Zoning Code containing regulations that apply in multiple zones
and overlay /combining districts, and regulations for specific land uses. At a minimum,
these chapters will address the following topics. Other related topics may be included at
the discretion of City staff.
General site planning and development standards. These will be brief paragraphs
with requirements that could apply to a variety of land uses regardless of the
applicable zoning district. These will address site access requirements; fences,
hedges, and walls; buffering and screening; noise regulations; outdoor lighting
standards; performance standards (e.g., air quality, glare, vibration, etc.),
undergrounding of utilities; and other topics determined to be appropriate by the
City's project manager.
2. Affordable housing requirements, density bonus provisions, and related incentives.
3. Landscaping standards, including specific requirements for preliminary and final
landscape plan submittal and review.
4. Off- street parking and loading standards, including parking and loading area design,
landscaping requirements, parking in -lieu fees, pedestrian circulation requirements,
bicycle and motorcycle parking, etc.
5. Sign regulations. The consultant team will format and Incorporate the sign provisions
adopted in 2005.
.6. Standards for specific land uses as deemed appropriate by the City (e.g., adult
oriented businesses, child day care facilities, coastal dependent uses, home
occupations, second dwelling units, wireless and telecommunications facilities, etc.).
to further ensure implementation of the 2006 General Plan as well as the draft 2006
LCP Implementation Plan for those portions of the community located within the
Coastal Zone.
7. Incorporate Transfer of Development Rights provisions.
The general development and specific use standards will be sent to City staff for review
and distribution to the Committee. The consultant team will then meet with the
Committee and staff to discuss desired changes and direction for our work in Task 2.4.
PRODUCTS: Administrative draft general development and specific use standards
(one electronic copy)
2.4 Administrative Provisions. The team consultant will draft the chapters of the updated
Zoning Code containing administration and development application filing and
processing procedures. At a minimum, these chapters will address the following and
any other topics desired by the City:
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City of Newport Beach Proposal for Zoning Code
1. Purpose and adoption of the updated Zoning Code, applicability, responsibility and
administrative authority, interpretation procedures, and provisions addressing
applications deemed complete but not yet decided, that may be affected by adoption
of, and future amendments to, the updated Zoning Code ("pipe -line" applications).
2. Definition of the roles of each project processing and review authority, Including the
Planning Department, Planning - Director, Zoning Administrator, Planning
Commission, City Council, and any other necessary entitles.
3. Administrative procedures for discretionary permits (e.g., Coastal Development
Permits, Emergency Permits, Modification Permits, Site Plan Review, Use Permits,
etc.), Variances, and other project review procedures, appeals, public hearings,
nonconforming use and structure provisions, and amendments (e.g., General Plan,
LCP, Zoning Code, and Zoning Map, development agreements, specific plans, etc.)
Proposed procedures will emphasize efficiency, simplicity, and streamlined .
processing, while ensuring thorough and effective project review to achieve City's
objectives.
4. Enforcement provisions, including but not limited to, legal remedies (criminal and
civil), procedural requirements, recovery of costs directly related to enforcement
actions, and the identification of the property ownertviolator rights and procedures for
appeal.
The administrative provisions will be sent to City staff for review and distribution to
the Committee. The consultant team will then meet with the Committee and staff to
discuss desired changes.
PRODUCTS: Administrative draft Zoning Code procedural and administrative
chapters (one electronic copy)
2.5 Preliminary Draft Zoning Code. The consultant team will revise the contents of the
administrative draft segments based on previous Committee and staff input and will
prepare the remaining parts of the Preliminary Draft Zoning Code, including a detailed
table of contents, graphics, and illustrations.
Graphics will be incorporated throughout the updated Zoning Code wherever they may
assist users in visualizing the meaning and applicability of development standards, or
otherwise improving understanding and /or ease of use. The administrative provisions
may incorporate flowcharts and other graphics if the Committee, City staff, and the
consultant team determine that the illustration of procedures would be helpful. The
consultant team will not artificially limit the. number of illustrations /graphics to be included
in the updated Zoning Code, but will instead provide graphics wherever they will be of
use.
We will assemble a complete Preliminary Draft Zoning Code and forward copies to City
staff for review and distribution to the Committee. The consultant team will then meet
with the Committee and staff to discuss desired changes.
PRODUCTS: Preliminary Draft Zoning Code (one electronic copy)
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City of !Newport Beach Proposal for Zoning Code
2.6 Screencheck Draft Zoning Code. A Screencheck Draft Zoning Code will be prepared
to verify that all requested changes to the preliminary draft have been properly
completed, and that all final graphics are acceptable.
PRODUCTS: Screencheck Draft Zoning Code (one electronic copy)
2.7 Public Review Draft Zoning Code. A Public Review Draft Zoning Code will be
prepared and provided to the City for review by the Planning Commission, City Council,
and the general public during the workshop /public hearing process.
PRODUCTS: Public Review Draft Zoning Code (one electronic copy)
Task 3 - Specific Plans (See Item #15 and 28 from list provided in Task One of the RFP)
Subtasks:
3.1 Document Review. The consultant team will carefully review each of seven existing
Specific Plans and provide a recommendation to City staff relating to the probable
disposition (e.g., needed updates or elimination) of each Specific Plan.
3.2 Advise Staff Regarding Updates. For those Speck Plans that are to be updated to
comply with State law, the consultant team will advise staff as to needed revisions.
3.3 Map and Tent Changes. The consultant team will prepare the list of Speck Plans to
be eliminated, along with needed Zoning Map and Zoning Code text changes in
compliance with the recommendations agreed to in Subtask 3.1.
Task 4 — Committee Meetings and Team Coordination
This task will involve Committee meetings where the Committee (aka the Council appointed
General Plan /Local Coastal Plan Implementation Committee), City staff including
representative(s) of the City Attorney's Office, and members of the consultant team meet to
resolve problems identified in the current Zoning Code and to review specific segments of the
updated Zoning Code as drafting continues toward completion of the Public Review Draft
Zoning Code. This task will also include team coordination to ensure that the consultant team
remains responsive to the emerging needs of the City.
Subtasks:
4.1 Committee Meetings. The Committee is scheduled to meet every other Wednesday to
"...oversee the Zoning Code rewrite and other projects to implement the new General
Plan" during the full course of this work program. This means that approximately 18
Committee meetings will take place between the City Council's approval of the contract
on March 27, 2007 and the first reading of the ordinance to adopt the updated Zoning
Code during January, 2008. At least two consultant team members (and possibly three)
will attend each of the 18 Committee meetings, depending on the anticipated topics for
discussion. The budget for this Subtask is based on three consultant team members
attending 18 long meetings (5 plus hours each), but if the meeting runs less than five
hours, the charge for that meeting will be billed at the short meeting (less than 5 hours)
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City of Newport Beach Proposal for Zoning Code
rate. Similarly, if less than three members need to attend, the billing will be adjusted
accordingly. If consultant team attendance is not needed at a specific Committee
meeting, no consultant team member will attend and the City will not be billed for that
meeting. If desired by the City, the consultant team will attend additional Committee
meetings on a time- and - materials basis at the rates noted in the proposed budget.
4.2 Project Coordination. Ron Pfiugrath, project manager, will be responsible for team
coordination meetings, individual contacts, group interaction, and overall project
management. Consultant team member conference calls will be conducted every two
weeks, to coincide with the scheduled Committee meetings discussed in Subtask 4.1,
above. Additionally, consultant team member in- person meetings will be conducted as
determined to be necessary by the team project manager and, if needed, will be
conducted following a Committee meeting. Coordination meetings with the City staff will
be conducted by the two project managers (e.g., City and team) and others as needed,
following scheduled Committee meetings.
Task 5 — Public Review and Adoption
Subtasks:
5.1 Planning Commission Workshops /Hearings. The consultant team will attend and
participate in up to two public workshops and/or hearings with the Planning Commission
to review the draft Zoning Code. If desired by the City, the consultant team will attend
additional meetings on a time -and- materials basis.
At least two consultant team members (and possibly three) will attend the Planning
Commission workshops /hearings, depending on the anticipated topics for discussion.
Each workshop /hearing will be preceded by discussion with staff to work out respective
responsibilities, and review conclusions reached at the prior meeting, to the extent that
"debriefing' did not occur immediately after the preceding meeting or later via telephone.
During the workshops/hearings, the consultant team will provide support for Planning
Commission and public review, as determined appropriate by the City's project manager,
by being available to answer questions about proposed provisions, discuss possible
changes, and draft revised language in response to staff or Planning Commission
direction, for consideration at later meetings.
5.2 City Council Workshops /Hearings. The consultant team will attend and participate in
up to two public workshops and/or hearings where the City Council considers the
adoption of the updated Zoning Code. If desired by the City, the consultant team will
attend additional meetings on a time - and - materials basis.
At least two consultant team members (and possibly three) will attend the City Council
hearings, depending on the anticipated topics for discussion.
As in the case with the Planning Commission workshops /hearings, the consultant team
will provide support for City Council and public review by being available to answer
questions about proposed provisions, discuss possible changes, and draft revised
language in response to staff or City Council direction, for consideration at later
meetings.
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City of Newport Beach Proposal for Zoning Code
5.3 Screencheck Final Zoning Code. After adoption of the updated Zoning Code and
before its effective date, the consultant team will prepare a final version, incorporating all
changes made by the City Council. The consultant team will provide a screencheck
version so that City staff can verify that the document accurately incorporates all
changes approved by the City Council during the adoption process.
PRODUCTS: Screencheck Final Zoning Code (one electronic copy)
5.4 Final Zoning Code. The consultant team will prepare the final Zoning Code for delivery
to the City for codification and publication. The team will provide a reproducible camera -
ready copy of the adopted document and an electronic copy in Microsoft Word software.
Graphics will be provided in both reproducible hard copy form and in electronic form.
PRODUCTS: Final Zoning Code (one reproducible copy), together with an
electronic copy on a CD -ROM in Microsoft Word format and PDF
format for placement on City's website.
Task 6 - Planned Community Development Plan Revisions (See RFP Task Two: Planned
Community Development Plans)
Subtasks:
6.1 Kick -Off Meeting. The consultant team will conduct a kick -off meeting with City staff to
gain a more detailed understanding of each of the Planned Community Development
Plans relative to their probable disposition (e.g., update or eliminate).
6.2 Document Review. The consultant team will carefully review each Planned Community
Development Plan and provide a recommendation to City staff relating to the needed
updates or elimination of each Planned Community Development Plan along with
needed Zoning Map changes.
6.3 Prepare Updates. The consultant team will prepare the updates to the Planned
Community Development Plans needing update.
6.4 Map and Text Changes. The consultant team will prepare the list of Planned Community
Development Plans to be eliminated, along with needed Zoning Map and Zoning Code
text changes in compliance with the recommendations agreed to in Subtask 6.2.
6.5 Staff Meetings and Public Hearings. If desired by City staff, the consultant team will
participate in City staff meetings and the public hearing phase of the updates to the
Planned Community Development Plans. Discussions regarding CEQA requirements to
be conducted at the appropriate time in the process and on a time and materials basis.
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City of Newport Beach Proposal for Zoning Code
Optional Tasks
1. CEQA Documentation
The consultant team will prepare and submit for staff review and comment an Initial Study for
the updated Zoning Code, in compliance with the California Environmental Quality Act (CEQA)
and adopted City guidelines. The appropriate environmental document to be prepared after the
Initial Study will be based on an assessment of potential environmental impacts, review of the
Final Program EIR for the Newport Beach 2006 General Plan, and any supplemental analysis,
findings, and mitigation monitoring required by the provisions of the updated Zoning Code.
Based on the consultants' past experience and the fact that the Zoning Code provisions are
fundamentally mitigation measures themselves, the document will be either a Negative
Declaration (ND) or Mitigated Negative Declaration (MND), prepared in compliance with CEQA.
i I
PRODUCTS: Initial Study/Negative Declaration or Mitigated Negative Declaration
document (one electronic copy)
2. On -Line Zoning Code
As an optional task, the consultant team will produce a complete, hypertext version of the
updated Zoning Code for the City's World Wide Web home page, containing all text, charts,
graphics, and illustrations included in the printed document. The functional details of the On-
Line Zoning Code and the appearance of its user interface will be worked out through
discussions with City staff during the initial project meetings; however, the following describes
our suggested approach.
A user of the Zoning Code website will find a scrollable hypertext table of contents showing titles
of all chapters. Any selection will jump to the applicable page. Each page is scrollable (pages
larger than the computer screen frame can be shifted up or down to allow viewing of all parts of
the page). "Forward" and "Back" buttons on the web browser software toolbar at the top of the
screen will allow moving from page to page.
Additional functions will allow: printing individual or groups of pages; saving one or more pages
to a text file; marking a page or section for future reference; and accessing a key word search of.
the entire Zoning Code.
The website Zoning Code will be produced in two tasks. A "proof of concept' version, consisting
of the user interface, search, and other facilities with a demonstration portion of the data, will be
produced for City staff review. A final, complete version of the website will be produced after
City Council adoption of the final document.
The consultant team will assist with the installation of a test version of the software in the
Department (or on the consultant's website) and instruct City staff on its use. Based on City
staff feedback from use of the test version, the consultant team will prepare final versions of the
software and conduct workshops for staff on the installation and use of the system. The
consultant team will remain available to answer City staff questions and correct any
problems with the software for a period of one year at no additional cost to the City.
An excellent example of an on -line Zoning Ordinance that we just finished can be found at the
following web address: http: //www.ci.pasadena.ca.us /zoninglindex.htmi.
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City of Newport Beach Proposal for Zoning Code
C. CITY STAFF TIME AND RESOURCE COMMITMENTS
The Committee and City staff will play a critical role on the overall project team. by providing the
primary guidance for, and feedback to, the consultant team in the drafting of the Zoning Code.
Specific needs for the Committee and staff Involvement will include:
1. Reviewing and commenting on each of the administrative draft Zoning Code segments
produced in Task 2 as to their acceptability and appropriateness, both in terms of language
and presentation;
2. Reviewing and commenting on the completed drafts of the Zoning_ Code and the
screencheck final Zoning Code as to their accuracy in incorporating changes directed by
staff, the Commission, and Council;
3. Reviewing and commenting on all CEQA required functions related to the adoption of the
Zoning Code;
4. Reviewing and commenting on the completed drafts of the Specific Plan Revisions and the
i screencheck final Specific Plan Revisions as to their accuracy in incorporating changes
directed by staff, the Commission, and Council;
5. Reviewing and commenting on the completed drafts of the Planned Community
Development Plan Revisions and the screencheck final Planned Community Development
Plan Revisions as to their accuracy in incorporating changes directed by staff, the
Commission, and Council;
6. Reviewing and commenting on all CEQA required functions related to the adoption of the
Planned Community Development Plan Revisions; and
7. Being available to respond to questions and needs for additional information throughout
the drafting process.
Resources and documentation required for this project will include the following:
1. Signed contract with City.
2. Notice to Proceed from City.
3. Copies of all recent (and on- going) ordinance amendments.
4. Copies of the City's existing Official Zoning Map.
5. Copies of existing Design Guidelines.
6. Copies of the General Plan EIR.
7. Copies of adopted specific plans and planned community development plans.
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City of.Newport Beach Proposal for Zoning Code
8.. Copies of all Department handouts, fee schedule, and other development - related City
documents.
9. Copies of all pertinent City policies (formal and informal) both in hard copy and in an
electronic format.
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City of Newport Beach Proposal for Zoning Code
E. PROJECT BUDGET
The proposed project budgets include all services and products described in Part B (Task and
Product Description). Our total proposed fee for the Zoning Code Rewrite is $412,580,
exclusive of optional costs. Our total proposed fee for the Planned Community Development
Plan Revisions is $50,420. The labor costs on which the fees are based are detailed in the
table below (Hourly Billing Rates). We are prepared to revise the work plan and budget as
necessary to satisfy the City's goals for the project and any financing limitations. The
proposed fee is based on the following billing rates, which will also be used for any additional
work performed on a time and materials basis.
Principal, Director of Urban Planning and
Additional meetings:
Public meetlngslhearings
Committee /Staff meetings -Short (up to 5 hrs)
75
$220 per hour
$1.000 per consultant
$750 per consultant
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City of Newport Beach Proposal for Zoning Code
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Hogla- Ireland • Jacobson & Wack+ Crawford Multan & Clark Associates • RBF Consulting • EJPAssociates E-2
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Proposal for the City of Newport Beach - Zoning Code Rewrite
BUDGET
Scop Refinement and Committee and City Staff Participation
1.1 Initl Scoping Meeting
1.2 Docu t Review
1.3 Initial Co ittee Meeting
1.4 Summary M x of Zoning Code Issues
Zoning Code Prepa
2.1 Draft Zoning Code Fo t and Outline
2.2 Zoning District Provision
2.3 General Development and cific U andards
2.4 Administrative Provisions
2.5 Preliminary Draft Zoning Code
2.6 Screencheck Draft Zoning Cod O
2.7 Public Review Draft Zoning e
Specific Plans
3.1 Document Review
3.2 Advise Staff Regard' Updates
3.3 Map and Text Ch es
Committee Meetl $ and T m dinatio/
4.1 Committee tl (1 oe
4.2 Protect C ination
Public Review an option
5.1 Planning Commisst W sfHearings (2)
5.2 City Council Worksho Hearings /
(2)
5.3 Screencheck Final Zonin Code
5.4 Final Zoning Code
Total
16 or 8
Staff Time hours
24
$3,240
1
8 8
Grephicsl
Task
Principals
Associate
Document
Total Hours
Cost
Design!
Production
Scop Refinement and Committee and City Staff Participation
1.1 Initl Scoping Meeting
1.2 Docu t Review
1.3 Initial Co ittee Meeting
1.4 Summary M x of Zoning Code Issues
Zoning Code Prepa
2.1 Draft Zoning Code Fo t and Outline
2.2 Zoning District Provision
2.3 General Development and cific U andards
2.4 Administrative Provisions
2.5 Preliminary Draft Zoning Code
2.6 Screencheck Draft Zoning Cod O
2.7 Public Review Draft Zoning e
Specific Plans
3.1 Document Review
3.2 Advise Staff Regard' Updates
3.3 Map and Text Ch es
Committee Meetl $ and T m dinatio/
4.1 Committee tl (1 oe
4.2 Protect C ination
Public Review an option
5.1 Planning Commisst W sfHearings (2)
5.2 City Council Worksho Hearings /
(2)
5.3 Screencheck Final Zonin Code
5.4 Final Zoning Code
Total
16 or 8
24
$3,240
1
8 8
18
2,040
2418
4
44
$5,580
11TOTAL ESTIMATED COST ® \ 11 $412,580 H
reserve
or
The fees contained In this proposal budget shelf be valid for a period of 90 days.
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Proposal for the City of Newport Beach - Planned Community Development Plan Revisions
BUDGET
Planned Community Development Plan Revisions
6.1 Kick -Off Meeting
6.2 Document Review
6.3 Prepare Updates
6.4 Map and Text Changes
6.5 Public Hearings
Total Houml 2621 1041 1041 366
11TOTAL ESTIMATED COST 550,420
The fees contained in the proposal shall be valid for a period of 90 days.
`Progress billings will be forwarded to the Client on a monthly basis based time and materials and upon our standard hourly rates,
depending upon the professional's level of expertise. The Consultant shall notify Client when the earned fee amounts
to approximately 60% of the above estimated budget amount and shall notify Client as to the status of the project and any potential
need for a budget augmentation.
0
Staff Time (hours)
Graphical
Task
Principals
Asocistas
Do ume t
Total Hours
Task Cost
Production
Planned Community Development Plan Revisions
6.1 Kick -Off Meeting
6.2 Document Review
6.3 Prepare Updates
6.4 Map and Text Changes
6.5 Public Hearings
Total Houml 2621 1041 1041 366
11TOTAL ESTIMATED COST 550,420
The fees contained in the proposal shall be valid for a period of 90 days.
`Progress billings will be forwarded to the Client on a monthly basis based time and materials and upon our standard hourly rates,
depending upon the professional's level of expertise. The Consultant shall notify Client when the earned fee amounts
to approximately 60% of the above estimated budget amount and shall notify Client as to the status of the project and any potential
need for a budget augmentation.
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City of Newport Beach Proposal for Zoning Code
F. PERSONNEL AND QUALIFICATIONS
Description of Team
We propose to assist the City of Newport Beach in the preparation of its updated Zoning Code
with a team of consultants consisting of principals from Hogle - Ireland, Jacobson & Wack (J &W),
Crawford Multari & Clark .Associates (CMCA), EIP Associates, and an associate from RBF
Consulting (RBF).
Hogle•Ireland, Inc.
2860 Michelle Drive, Suite 100, Irvine, CA 92606
949-553 -1427 (office) 1949- 553 -0935 (fax)
www.hogleirdiand.com
Hogle- Ireland is a California Corporation and has been in business since January 1988.
Our corporate office is located in the City of Irvine with two additional full. service offices in
Riverside. and Palm Springs. We have approximately 80 professional level planners on
staff, most of whom . have city staff planning experience and knowledge of
regulatory/discretionary processes.
The partners of the firm, Larry Hogle, Paul Ireland, Pamela Steele, and Mike Thiele, bring
wide and varied experience having served as Community Development Directors for
various California cities. Additional members of the firm have served in Community
DevelopmentfPlanning Director positions, and all our senior level personnel have served in
managerial positions in Planning Departments, Redevelopment Agencies, Public Works
Departments, Building Departments, or Housing Authorities. Our staff understands city
planning processes.
Jacobson & Wack (J &W)
9530 Hageman Road, Suite "B" 205, Bakersfield, CA 93312
661- 213 -4100 (office) /213 -4111 (fax)
jwplans@lightspeed.net
The partnership of Jacobson & Wack is a specialized firm providing planning consulting
services exclusively to California cities and counties since 1980. Mr. Jacobson and Mr.
Wads represent approximately 60 years of collective local planning experience in the
public sector and in private consulting practice. Jacobson & Wack specializes in the
implementation of community planning programs through the preparation of development
codes, zoning and subdivision ordinances, local coastal programs, and rezoning studies
and related programs.
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City of Newport Beach Proposal for Zoning Code
Crawford Multari & Clark Associates (CMCA)
641 Higuera Street, Suite 302, San Luis Obispo, CA 93401
(805) 541 -2622 (office) /541 -5512 (fax)
cmca@cmcaplans.com
Crawford Multad & Clark Associates provides comprehensive consulting services in
community planning, zoning and development codes, environmental planning and
resource management, planning agency computer applications, and planning agency
operations and management. Established in early 1990 by Paul Crawford and Mike
Multari, who were later joined by Chris Clark, JD, AICP, the San Luis Obispo -based firm
has worked on over 250 planning projects for over 100 California cities, counties, special
districts, and state agencies.
EIP Associates, a division of PBS &J (EIP)
12301 Wilshire Boulevard, Suite 430, Los Angeles, CA 90025
310.268.8132 (office)/310.268.8175 (fax)
ectescher @pbsj.com
EIP Associates is a multi - disciplinary firm offering urban planning, design, environmental
and public engagement services with offices located in Los Angeles, Pasadena, San
Francisco, and Sacramento. Since our founding in 1968, a broad range of products has
been completed for public and private sector clients throughout the State. Among these
are specific plans, general plans, urban design plans, community and neighborhood plans,
redevelopment1revitalization plans, development master plans, municipal codes and
overlay zones, and environmental documents.
RBF Consulting (RBF)
Urban Design Studio, 14725 Alton Parkway, Irvine, CA 92618
(949) 472 -3430 (office)/8374122 (fax)
Istearns @rbf.com
The Urban Design Studio in the Planning Department at RBF Consulting is a collaboration
of urban planners and designers, providing planning and design services to the public and
private sectors. The firm specializes in the following areas:
➢ General Plans D Urban Design
➢ Zoning Ordinances ➢ Design Guidelines
➢ Specific Plans ➢ Downtown Revitalization
D Public Participation ➢ GIS
Team Staffing, Organization, and Management
The actual individuals who will draft the City of Newport Beach updated Zoning Code are: Ron
Pflugrath, AICP, of Hogle- Ireland, Bruce Jacobson, of Jacobson & Wack, Paul Crawford,
FAICP, of Crawford Multari & Clark Associates, Woodie Tescher, AICP, of EIP Associates, and
Laura Steams, J.D., of RBF Consulting. The qualifications of each are described in the
following section.
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CitY of Newport Beach Proposal for Zoning Code
We believe that our team's familiarity with zoning code preparation, together with our
experience in Newport Beach (e.g., 2005 Sign Chapter and General Plan), will yield a superior
document and will enable the successful completion of the Zoning Code rewrite within the City's
aggressive schedule and approved budget. Our team also provides local accessibility with our
project manager located in Irvine.
1. Ron Pflugrath will serve as project manager and editor, and primary liaison with the City.
2. Bruce Jacobson and Paul Crawford will prepare the zoning districts, allowable list of uses,
zone - driven standards, and definitions for the updated Zoning Code, with coordination and
input with Woodie Tescher.
3. Ron Pflugrath and Laura Stearns will prepare the general development standards (e.g.,
landscaping, parking, etc.) and standards for specific land uses, with coordination and Input
with Woodie Tescher.
4. Bruce Jacobson will prepare the administrative provisions of the updated Zoning Code.
5. Ron Pflugrath, Bruce Jacobson, and Paul Crawford will be responsible for coordinating the
Zoning Code rewrite with the draft 2006 LCP Implementation Plan.
6. Hogle- Ireland will also be responsible for project contract administration and document
production of the updated Zoning Code,
7. Hogle- Ireland graphics technicians will prepare the graphics for the updated.Zoning Code,
with coordination and input with Woodie Tescher.
All, members of our team have extensive experience working on effective and successful
consulting teams, on a wide variety of projects. We maintain dally contact, and have been
acknowledged by all of our clients as being particularly effective in "staying in .touch" regarding,
emerging questions and issues during product drafting.
During product preparation, draft materials will be circulated among the consultant team
members via email, and Ron Pflugrath will serve as the final editor to ensure internal
consistency of language, quality, and style.
Team Member Profiles
Ron Pflugrath, AICP - Project Manager
Mr. Pflugrath, Senior Project Manager for Hogle- Ireland, Inc. has over 30 years of varied urban
planning experience, including positions with California cities and consulting firms. His
municipal planning experience covers both current and advance planning, including preparation
of various general plan elements, redevelopment plan studies, and zoning ordinances. In a
previous position with RBF Consulting, Mr. Pflugrath prepared over 30 development codes and
zoning ordinances, several of which have received local and State APA planning awards. He
has also prepared numerous design standards /guidelines documents, specific plans, and
freestanding design guidelines manuals. Mr. Pflugrath was a major contributor to the national
APA award - winning City of San Bernardino Development Code..
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City of Newport Beach Proposal for Zoning Code
Bruce Jacobson
Principal with Jacobson & Wack, Bruce Jacobson is a land use planner and administrator with
over 30 years of planning experience. With Jacobson & Wack he has worked on over 90 zoning
ordinances, subdivision ordinances, design guidelines, and development codes. Earlier
planning positlons include Deputy Planning Director for San Luis Obispo County, Principal
Planner for Ventura County, and Planning Director for the City of Santa Paula.
His work on the City of San Bernardino Development Code was recognized with a national
award for outstanding planning from the American Planning Association. The APA award
selection jury cited the Code's easy to use format, graphics, and straightforward (non - legalese)
language as major attributes contributing to the "user - friendly' nature of the Code. The San
Bernardino Development Code combined zoning, subdivision, design guidelines, and hillside
preservation standards into one comprehensive, internally integrated document.
Paul Crawford, FAICP
A principal with Crawford Multad & Clark Associates, Paul Crawford's 30 -year planning career
has focused on simplifying and clarifying land use regulations for a wide .variety of cities and
counties. Since 1990, he has worked on over 90 zoning and development codes, 25 general
plans, and numerous other planning projects for a wide variety of California cities and counties.
Before forming CMCA, he served from 1980 to 199Q as Director of Planning and Building for
San Luis Obispo County and Executive Director of the San Luis Obispo Council of
Governments.
His professional research interests are in the drafting of land use regulations and designing
planning agency computer applications. His work on the San Luis Obispo County Land Use
Ordinance was recognized by an award from the California Chapter of the American Planning
Association, and his work with Crawford Multari & Clark Associates has been recognized by six
additional awards from the California Chapter of the American Planning Association.
Crawford was elected to the California Planning Roundtable in 1993, and received the "Award
for Distinguished Leadership as Planning Professional" from the California Chapter of the
American Planning Association in 1998. He is a graduate of California Polytechnic State
University, and has served there as adjunct professor in the City and Regional Planning
Department since 1980. He was elected to the College of Fellows of the American Institute of
Certified Planners in March 2001, and is a member of the Congress for the New Urbanism.
Woodie Tescher, AICP
Woodie Tescher has more than 30 years of planning, urban design, and public facilitation
experience, including the preparation of general plans, specific plans, urban design plans,
redevelopment/revitalization plans, strategic action plans, development master plans, economic
development strategies, and similar programs for communities throughout the western United
States. He mixes a well - grounded understanding of the elements that make communities vital
places to live. His grasp of the theory and practice of planning and the integral role of
partnerships with public and private clients as well as the community are apparent by the
success of the many complicated and controversial projects guided by his expertise. Woodie
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City of Newport Beach Proposal for Zoning Code
serves as a member of the California Planning Roundtable and Board of Directors of the
Westside Urban Forum. Additionally, Woodie regularly teaches courses on General Plans,
community revitalization, and public participation at university and professional programs.
Woodie has completed projects for a considerable diversity of public and private clients with
equally diverse issues and objectives. His planning and design documents range from large
geographic areas (City of Los Angeles) to small communities (Westlake Village); from dense
urban centers (West Hollywood) to low intensity rural/agricultural communities (Merced County);
and from comprehensive community-wide (preceding) to detailed focused area plans (Santa
Monica Third Street Promenade and Long Beach East Village). His work assignments have also
included planning for large mixed use planned developments, represented by the 8,200 acre
Ontario Sphere of Influence "Model Colony" accommodating 100,000 persons and in excess of
10 million square feet of retail, office, and industrial uses and the new community of 31,000
persons that will support the development of the 10th campus of the University of California at
Merced. He holds a M.A. in Architecture and Urban Design from the University of California, Los
Angeles and a B.A. in Architecture from the University of Southern California.
Woodie is the recipient of the Distinguished Planner Award from the California Chapter of the
American Planning Association. Among the many projects for which he has been honored by
the APA and other professional organizations are the City of Los Angeles General Plan
Framework, West Hollywood General Plan, Merced County University Community Plan,
Huntington Beach General Plan, San Clemente General Plan, Long Beach East Village Arts
District Guide for Development, and the Santa Monica Third Street Promenade Specific Plan.
Laura Stearns, J.D.
A. planner with RBF Consulting, Ms. Stearns has four years of experience writing zoning codes
and over ten years of legal experience in commercial and residential real estate transactions,
including drafting and reviewing contracts and other legal documents. Since 2002, she has
worked on over 12 zoning and development codes. In addition, she has been Executive
Director of a downtown association, where she served as a liaison between property owners,
business owners, and city officials. She worked with these stakeholders to Identify economic
and land use strategies that would facilitate redevelopment.
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City of Newport Beach Proposal for Zoning Code
Relevant Experience
Members of our standing consulting team have individually, and together, prepared over 90
zoning and development codes, subdivision ordinances, design guidelines documents, and
related regulations, both as consultants and as prior city and county staff. This extensive body
of work includes the following projects, some of which are works in progress.
Agricultural Preserve Rules of Procedure, City of Buellton
Agricultural Preserve Rules of Procedure, Placer County
Building and Construction Ordinance, San Luis Obispo County
Coastal Zoning Ordinance, City of Arcata
Coastal Zoning Ordinance, City of Carmel by- the -Sea
Coastal Zoning Ordinance, City of Fort Bragg
Coastal Zoning Ordinance, City of Guadalupe
Coastal Zoning Ordinance, City of Malibu
Coastal Zoning Ordinance, City of Pacific Grove
Coastal Zoning Ordinance, City of Pismo Beach
Coastal Zoning Ordinance, Marin County
Coastal Zoning Ordinance, San Luis Obispo County
Code of Ordinances reorganization, Moss Landing Harbor District
Code of Ordinances reorganization, Port San Luis Harbor District
Commercial Zoning Districts Update, City of San Luis Obispo
Countywide Design Plan, San Luis Obispo County
Design Guidelines, City of Brea
Design Guidelines, City of Buellton
Design Guidelines, City of Pismo Beach
Design Guidelines, City of San Buenaventura
Design Guidelines, City of San Luis Obispo
Design Guidelines, City of South Pasadena
Design Guidelines, City of Stockton
Design Guidelines, City of Woodland
Design Guidelines, San Luis Obispo County
Design Guidelines, Old Town Design Plan, City of Desert Hot Springs
Design Guidelines as part of the following Development Codes, where noted
Development Code (zoning /subdivision), City of Arcata
Development Code (zoning /subdivision), Butte County
Development Code ( zoning /subdivision /grading/NPDES), City of Calabasas
Development Code (zoning /subdivision), Calaveras County
Development Code (zoning/subdivision /design), City of Chico
Development Code (zoning /subdivision /design), City of Diamond Bar
Development Code ( zoning / subdivision /design /grading /NPDES), City of Fort Bragg
Development Code (zoning /subdivision), City of Hollister
Development Code (zoning /subdivision /design), City of Lodi
Development Code (zoning /subdivision /coastal), Marin County
Development Code (zoning /subdivision), City of Norwalk
Development Code (zoning /subd(vision/design), City of Pomona
Development Code (zoning /design) City of San Jacinto
Development Code (zoning /subdivision /design), City of Simi Valley
Development Code (zoning /subdivision /design), City of Sonoma
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Development Code (zoning /subdivision), City of Stockton
Development Code (zoning /subdivision/design), City of San Bernardino
Development Code (zoning /subdivision), San Bernardino County
Development Code (zoning /subdivision /coastal), Sonoma County
Development Code (zoning /subdivision/design), Town of Truckee
Grading Ordinance, City of Calabasas
Grading Ordinance, City of Fort Bragg
Grading Ordinance, Mendocino County
Grading Ordinance, San Luis Obispo County
Land Use and Development Regulations, Port San Luis Harbor District
Land Use Code, City of Cotati
Land Use Ordinance, San Luis Obispo County, 1980
Land Use Ordinance Update, San Luis Obispo County, 2001
Neotraditional Design Options Model Ordinance, San Luis Obispo County COG
Neotraditional Design Options Ordinance and Design Guidelines, City of Paso Robles
Sign Ordinance, City of Modesto
Sign Ordinance, City of Pasadena
Sign ordinances with all the above development codes, and the zoning ordinances below
Subdivision Ordinance, Calaveras County
Subdivision Ordinance, City of Buellton
Subdivision Ordinance, City of Cotati
Subdivision Ordinance, City of Gustine
Subdivision Ordinance, City of Malibu
Subdivision Ordinance, City of South Pasadena
Subdivision Ordinance, Mendocino County
Subdivision ordinances as part of all of the above development codes
TDC Ordinance technical assistance, San Luis Obispo County
Zoning Map, City of Buellton
Zoning Map, City of Culver City
Zoning Map, City of Calabasas
Zoning Map, City of South Pasadena
Zoning Map, Town of Loomis
Zoning Map, Town of Windsor
Zoning Ordinance, City of Azusa
Zoning Ordinance, City of Brea
Zoning Ordinance, City of Brentwood
Zoning Ordinance, City of Buellton
Zoning Ordinance, City of Campbell
Zoning Ordinance, City of Carpinteria
Zoning Ordinance, City of Culver City
Zoning Ordinance, City of Desert Hot Springs
Zoning Ordinance, City of El Paso de Robles
Zoning Ordinance, City of Fillmore
Zoning Ordinance, City of Gustine
Zoning Ordinance, City of Huntington Park
Zoning Ordinance, City of Lodi
Zoning Ordinance, City of Lompoc
Zoning Ordinance, City of Malibu
Zoning Ordinance, City of Mountain View
Zoning Ordinance, City of Novato
Zoning Ordinance, City of Ojai
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Zoning Ordinance, City of Oxnard
Zoning Ordinance, City of Pacific Grove
Zoning Ordinance, City of Pasadena
Zoning Ordinance, City of Petaluma
Zoning Ordinance, City of Pismo Beach
Zoning Ordinance, City of Rancho Mirage
Zoning Ordinance, City of Santa Rosa
Zoning Ordinance, City of Seaside
Zoning Ordinance, City of South Pasadena
Zoning Ordinance, City of Tustin
Zoning Ordinance, City of West Hollywood
Zoning Ordinance, Lake Havasu City, Arizona
Zoning Ordinance, Fresno County
Zoning Ordinance, Los Angeles County
Zoning Ordinance, Placer County
Zoning Ordinance, Santa Barbara County
Zoning Ordinance, Solano County
Zoning Ordinance, Town of Loomis
Zoning Ordinance, Town of Windsor
Zoning Ordinance update technical assistance, Qty of Fairfield
Zoning Ordinance update technical assistance, City of Palo Alto
Zoning Ordinance update technical assistance, City of Roseville
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Selected References
The following are references from a small number of our many projects. We strongly encourage
contacting our past and current clients regarding our ability to complete our projects and tasks in
a timely manner, with high quality and accuracy, and within the approved budget. We have
never required a budget adjustment for a zoning project unless additional work products, clearly
beyond the scope of the original work plan, were requested by the client. The following are
relevant examples of our zoning projects.
City of Carpinteria Zoning Code — Preparing a new Zoning Code for a small city located in Santa
Barbara County.
Contact: Jackie Campbell, Community Development Director
City of Carpinteria
(805) 684 -5405 ext. 451
City of Cypress Zoning Ordinance — Prepared a new Zoning Ordinance for a small city located
in central Orange County. (Adopted in August 2004)
Contact: Ted Commerdinger, Acting Community Development Director
City of Cypress
(714) 229 -6720
City of Fort Bragg Land Use and Development Code — Prepared a comprehensive Land Use
and Development Code incorporating zoning and subdivision regulations and City-wide design
guidelines into an integrated document for a northern California coastal community. (Adopted in
June 2004)
Contact: Linda Ruffing, Community Development Director
City of Fort Bragg
(707) 961 -2828
City of Fountain Valley Development Code — Prepared a comprehensive Development Code
incorporating zoning and subdivision regulations into an integrated document. (Adopted in
December 2000)
Contact: Andy Perea, Community Development Director
City of Fountain Valley
(714) 593 -4400
City of Pasadena Zoning Code — Prepared a comprehensive update to Zoning Code in
conjunction with update of General Plan. (Adopted in July 2006)
Contact: Denver Miller, Project Manager
City of Pasadena
(626) 744 -6733
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City of Newport Beach Proposal for Zoning Code
City of San Bernardino Development Code — Prepared a comprehensive Development Code,
incorporating zoning, subdivision, and citywide design guidelines into an integrated, easy -to -use
document. Hillside development and ridgeline protection were among the many issues
addressed. Recipient of National APA Outstanding Planning Award for Plan Implementation,
1992. (Adopted in 1991)
Contact: Valerie Ross, Director
City San Bernardino
(909) 384 -5057
San Bernardino County Development Code — Preparing reorganization and comprehensive
update of Development Code in conjunction with update of General Plan.
Contact: Randy Scott, Division Chief, Advance Planning Division
County of San Bernardino
909 - 387 -4147
City of Seaside Zoning Ordinance — Prepared a comprehensive update to City's existing Zoning
Ordinance. (Adopted in December 2006)
Contact: Rick Median, Project Manager
City of Seaside
(831) 899 -6737
City of Sonoma Development Code — Prepared a new Development Code following the
adoption of the City of Sonoma's new General Plan. This unique code approaches zoning
issues from the perspectives of the New Urbanism. The code focuses on preserving the
character of existing historic neighborhoods in a community faced with substantial growth
pressures, and ensuring that new development continues to maintain the "sense of place"
envisioned in the General Plan. (Adopted in 1998)
Contact: David Goodison, City Planner
City of Sonoma
(707) 938 -9681
City of Stockton Development Code — Prepared a comprehensive Development Code,
incorporating zoning and subdivision regulations into an integrated document. (Adopted in
February 2005) 1 -
Contact: Dianne Keil Smith, Senior Planner
City of Stockton
(209) 937 -8340
Advantages of Team
We believe that our team offers the City of Newport Beach an ideal combination of background
and expertise for preparing all components of the updated Zoning Code. Our knowledge and
experience will ensure that all documents produced will not only be of high technical quality, but
are also designed to be "user- friendly," clear, practical, understandable, and easily
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City of Newport Beach Proposal for Zoning Code
administered. All team members have strong reputations for producing timely, high - quality
work. We believe that our team offers the following advantages:
Significant experience with the drafting and adoption of zoning codes, development codes,
and other types of development regulations and associated public participation efforts. The
City of San Bernardino Development Code, completed by Jacobson & Wack and RBF
Consulting, received a national award from the American Planning Association (APA),
and team members have also received numerous awards from the California Chapter
of the APA. These demonstrate our ability to create solutions to zoning and planning
problems that are both innovative and practical.
2. Extensive "hands on" experience with all levels of zoning ordinance administration, ranging
from answering zoning inquiries at the "front counter," to the processing of land use permit
applications and preparation of staff reports, to division and department management. We
have personally drafted zoning, subdivision, grading, and building ordinances, and then
been responsible for the administration and enforcement of those regulations. We
understand the wide array of day -to -day issues staff must address in ordinance
administration, and the needs of the public for timely, accurate responses to their questions.
Besides our past experience, our work in zoning ordinance administration is ongoing for
several public agency clients. Therefore, our ordinance drafting reflects hands -on
experience, and understanding of current needs and trends within planning and community
development departments, and Is not simply an academic or theoretical exercise based on
working with codes at some point in the past.
3. Experience with the integration of smart growth and neo - traditional /new urbanism design
and development principles into zoning code updates and new codes. Our work in Sonoma
County for the Cities of Cotati, Petaluma, Santa Rosa, and Sonoma,- and the Town of
Windsor have provided standards for mixed -use, mixed - housing type, and pedestrian -
oriented development, and the City of Sonoma Development Code integrates streetscape
design provisions into a new framework that addresses the unique character of the
community's separate neighborhoods, districts, and corridors, in addition to zoning districts
consistent with the land use diagram of the City's General Plan. Paul Crawford brings
extensive understanding of neo - traditional /new urbanism design principles and codes that
go beyond simple regulation by land use type, as evidenced by his co- authorship of a new
book on codes currently being prepared by the Congress for the New Urbanism.
4. Acknowledged experience with successful public participation and outreach programs,
including public workshops, publicity, and notice materials of all types.
5. We regularly share our experiences with, and perspectives on zoning and subdivision
ordinance preparation and administration through two professional development courses:
Redesigning the Zoning Ordinance, at UC Davis Extension, and Designing and
Implementing Effective Zoning Ordinances, at UCLA Extension.
6. Our established, effective working relationships as a consultant team, developed from
numerous previous projects, enable us to provide efficient and cost- effective services.
7. Our emphasis on firm principals actually drafting our codes, ensuring that our products
reflect the most extensive experience and informed analysis.
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G. SUGGESTED DOCUMENT FORMAT
General Approach
Although the consultant team intends to prepare an updated Zoning Code based on an outline
and format worked out with City staff during the initial meetings for the project, the outline
provided below is offered as a suggested initial approach. This outline is based on the both the
consultants' experience in drafting many updated codes and ordinances for a variety of clients,
and the consultants' direct experience in the day - today administration of zoning regulations,
ranging from answering public zoning questions at the "front counter" to using zoning
regulations in the processing and evaluation of land use permit applications and development
proposals.
In general, the table of contents and the internal structure of chapters within an updated code or
ordinance should be organized to reflect the sequence in which code/ordinance users most
commonly need to find specific information. The consultant team has devoted considerable
attention to identifying principles for organizing, formatting, and otherwise presenting land use
regulations in ways that significantly improve ease of use.
Suggested Outline
The regulations of the updated Zoning Code that cover related topics are proposed to be
grouped into at least seven individual articles. The contents of each article are summarized
below. Following consultation with the Committee and City staff during Task 1 (Scope
Refinement and Committee and City Staff Participation), above, the consultant team may
recommend additional articles to provide for the appropriate implementation of the draft 2006
LCP Implementation Plan.
1. Zoning Code Enactment and Applicability. Article 1 will provide a brief introduction to the
updated Zoning Code by providing basic information on its framework and applicability, the
land uses and development- related activities that are regulated by the document, and rules
for the interpretation of its provisions.
2. Zoning Districts and Allowable Land Uses. Article 2 will contain chapters on the different
types of zoning districts (residential, commercial, mixed -use, manufacturing, etc.) and
overlay /combining districts (urban corridor overlay, center city overlay, etc.) that are applied
to public and private property within the City. These chapters will list the specific types of
land uses allowed in each zoning district, and the type of land use /development permit that
must be obtained prior to initiating each use. These chapters will also provide basic
development standards for each zoning district, among which are maximum height limits
and setback/yard requirements for new structures.
3. Site Planning and General Development Standards. Article 3 will provide development
standards that apply across zoning districts, including requirements for landscaping, off-
street parking and loading, and signs. Cross - references will be provided in the zoning
district chapters of Article 2 to the requirements in Article 3.
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City of Newport Beach Proposal for Zoning Code
4. Standards for Specific Land Uses, Article 4 will contain regulations for specific land uses
and development types that may be allowed in a variety of zoning districts (for example,
child day care facilities, home occupations, mixed -use projects, second dwelling units, etc.).
Cross - references will be provided in the zoning district chapters of Article 2 to the
requirements in Article 4.
5. Land Use and Development Permit Procedures. Article 5 will describe each type of land
use and development permit required by the updated Zoning Code and the City's
requirements for the preparation, filing, processing, and approval or disapproval of each
permit application. The article will also set time limits for the establishment of a land use or
the commencement of development as authorized by an approved permit, and provide for
permit extensions when needed.
6. Zoning Code Administration. Article 6 will provide information on the City's administrative
framework and procedures that relate to land use. Provisions defining review bodies and
their authorities, public hearing and appeal procedures will be included, along with rules for
nonconforming uses, structures, and parcels, General Plan, Zoning Map, and Zoning Code
amendments, and Zoning Code enforcement.
Zoning Code Glossary. Article 7 will contain definitions of the specialized and technical
terms and phrases, and abbreviations used in the updated Zoning Code, as well as
definitions of each type of land use allowed in the various zoning districts by Article 2
(Zoning Districts and Allowable Land Uses).
The consultants wish to emphasize our complete flexibility in working with City staff to develop
an overall format and outline to the updated Zoning Code that most effectively serves the City's
needs. We have found the above outline to work well in our experience with day - today
code /ordinance administration, but are completely open to other approaches.
Characteristics of Updated Zoning Documents
Through the consultant team's experience in both administering and drafting development
codes and zoning ordinances, we have identified several important aspects to be considered in
the process of updating an existing zoning document. Besides the fundamental goals of
effectively implementing the updated General Plan, satisfying State mandates, and efficiently
guiding day - today development decisions, any revised code should also focus on document
usability. It is important that zoning information be readily accessible and understandable to all
users, staff, as well as the public. The updated City of Newport Beach Zoning Code will feature
the following criteria in order to make the document truly user - friendly:
• Logical organization - The table of contents and the internal structure of chapters should
be organized to reflect the sequence in which code users most commonly need to find
specific information. For example, the fact that many existing codes place their "Definitions"
at the beginning of the document suggests that users will routinely read the definitions
before any other portion of the code, which in fact rarely occurs.
• Clear language and readability - Zoning documents must be clearly written, avoid
ambiguity, jargon and lengthy narrative, and use the simplest terms possible to describe
their requirements. Regulations should be consolidated into easy- to-understand tables
whenever possible, and accompanied by graphics to Improve clarity and understanding.
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City of Newport Beach Proposal for Zoning Code
Overall, the format should employ effective graphic design and page layout techniques to
enhance readability.
• Informative chapter and section titles - Chapter and section titles should be descriptive,
as in "Standards for Specific Land Uses" rather than ambiguous "General Provisions."
• Cross - references - Cross - references should be made to other relevant provisions, as well
as to potentially applicable regulations (e.g., building, environmental, grading, subdivision,
etc.) in other Municipal Code documents, where appropriate.
• Extensive use of graphics - A code should use graphics to assist in Illustrating the
applicability and /or effect of regulations wherever Illustration can improve understanding.
• Formal procedure for interpretations -The administration of zoning documents inevitably
involves the need for interpretation, such as with the evolution of new land uses that did not
exist when the code was first prepared (e.g., video game arcades in the case of codes
drafted in the 1960s). A zoning document must clearly define the authority.for making these
interpretations.
• Simplified permitting procedures - Permitting procedures should be as streamlined as
possible, yet ensure effective project review and proper Implementation of the updated
General Plan and be consistent with State law requirements.
• Organization to accommodate changes - The initial drafting of the code should anticipate
the need to add regulatory provisions as land uses and development patterns changeover
the years, and thus should provide space in the numbering system for these later additions.
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City of Newport Beach Proposal for Zoning Code
APPENDIX A - DETAILED PERSONNEL RESUMES
Ron Pflugrath, AICP
Senior Project Manager, Hogle- Ireland, Inc.
Bruce Jacobson
Principal, Jacobson & Wack
Paul Crawford, FAICP
Principal, Crawford Multari & Clark Associates
Woodie Tescher, AICP
Principal, Director of Urban Planning and Design, EIP
Laura Stearns, J.D.
4
Planner, RBF Consulting
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EDUCATION
B.S., Urban and Regional
Planning, California State
Polytechnic University,
Pomona
YEARS OF EXPERIENCE
34
PROFESSIONAL
AFFILIATIONS
American Institute of Certified
Planners (AICP)
American Planning
Association (APA)
Professor in the graduate
planning program at
California State Polytechnic
University, Pomona
RON PFLUGRATH, AICP
Senior Project Manager
PROFESSIONAL EXPERIENCE
Hogle - Ireland Inc. — Senior Project Manager (July 2006 to
Present):
Duties: Senior management position that supervises projects and
staff. Directs a general plan team.
Significant Assignments/ProWts:
General plans and zoning documents.
• Design and planning aspects of both small and large scale
developments.
RBF Consulting — Vice President, Director of Planning and
Design (October 2001 to July 2006)
Duties: Directed the activlties and personnel of the public sector
portion. Led a 12- person team responsible for the planning, design,
and public participation projects throughout the Western United
States. Managed many of the firm's planning projects including
general plans, specific plans, urban design programs and site design
plans.
Significant Assignments /Pro jects:
• Developed a strategy for expanding services into the San Joaquin
Valley.
• Directed project management and preparation of several
development codes and design guidelines including projects for
Santa Barbara County and Cities of Pasadena, Stockton and
Newport Beach.
RBF Consulting — Associate and Senior Associate (1995 to
2001)
Duties: Served as project manager for a variety of public sector
planning and design projects including new development codes for
the Cities of Cypress, Fountain Valley and Murrieta. Worked on
design guidelines manuals and specific plans.
Significant Assignments/Projects:
• Major contributor to Huntington Beach Urban Design Guidelines,
which won a California Chapter APA award for "Outstanding
Planning Project."
• Preparation of the Historic Murrieta Specific Plan, which received a
National APA, Small Town and Rural Division, "Outstanding Town
Project" Award.
Urban Design Studio — Project Manager (1988 to 1995):
Duties: Prepared specific plans, design guidelines, zoning
ordinances and development codes.
Significant Assignments/Projects:
• Completed the City of Mission Viejo's first comprehensive
Development Code following its incorporation.
• Developed the North Montclair Specific Plan that called for mixed -
use and a pedestrian- oriented corridor connecting a regional mall to
nearby commuter rail station.
• Temecula Old Town Specific Plan, which won an "Award of
Distinction" from the Inland Empire Section APA.
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Bruce Jacobson
Jacobson & Wack
Principal
Years of Experience: 30
Education:
B.S. degree in City and Regional
Planning, at California Polytechnic
State University in San Luis Obispo
Professional Affiliations:
Member, Kern County Housing
Element Citizens Advisory Committee
Director and Officer, Mid -State
Development Corporation (Small
Business Administration)
Member, American Planning
Association
Contact Information:
Jacobson & Wack
9530 Hageman Road
Suite "B" 205
Bakersfield, CA 93312
661 - 213 -4100 (office)
661 - 2134111 (fax)
jwplans@lightspeed.net
Bruce Jacobson is a land use planner and administrator with over 30
years of planning experience. With Jacobson & Wack, and with RBF
Consulting and/or Crawford Multari & Clark Associates on teamed
projects, he has worked on over 90 zoning ordinances, subdivision
ordinances, design guidelines, and development codes. His previous
experience includes the following milestones.
RELEVANT
Designer and project facilitator, Robert E. Donald, Architect &
Associates, Beverly Hills
Planning Director, City of Santa Paula
Principal Planner, Ventura County Environmental Resources
Agency. Directed the Plan Administration and Implementation
Division, which was responsible for all land use development
applications, zoning/subdivision ordinance revisions, environmental
review, zoning enforcement, public information, etc.
Manager, County Guidelines for Orderly Development
Manager, County Subdivision Ordinance comprehensive revision
Deputy Planning Director, San Luis Obispo County Planning
Department. Directed the Current Planning Division, which was
responsible for land use permit and subdivision processing, building
permits and inspection, rezonings and ordinance revisions, zoning
enforcement, and public information.
Instructor for U.C. Davis Extension (Redesigning the Zoning
Ordinance) and U.C.L.A. Extension (Designing and Implementing
Effective Zoning Ordinances).
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Paul Crawford
Crawford Muttarl & Clark Associates
Since forming CMCA in early 1990, Paul Crawford has been involved with zoning
ordinance preparation, comprehensive planning, and computer applications for a wide
variety of cities and counties. He has worked on: over 90 zoning ordinances, including
those for Merin, Placer, San Luis Obispo, and Solano counties, and the cities of Chico,
Culver City, Hollister, Mountain View, Palo Alto, Pasadena, Santa Rosa, Sonoma, South
Pasadena, Stockton, and West Hollywood; Local Coastal Programs for the cities of
Caramel by- the -Sea, Malibu, Pacific Grove, and Guadalupe; a 12,000 -acre specific plan
for Solano County; and Energy Elements of the General Plan for Glenn and San Luis
Obispo counties. He also managed the update of the Land Use Element of the Placer
County General Plan, prepared countywide design guidelines for San Luis Obispo
County, and has served as interim planning director for the City of Bueliton. He is
currently working on a book on form -based zoning codes for the Congress for the New
Urbanism.
Paul Crawford was Director of Planning and Building for San Luis Obispo County from
1980 to 1990. He concurrently served as Executive Director of the San Luis Obispo
Council of Governments. He was responsible for over 85 staff with an annual budget of
$4 million. Under his management, San Luis Obispo County: updated the Land Use,
Circulation and Housing Elements of the General Plan; prepared several specific plans
(including initiation of a joint city - county effort); obtained Community Development Block
Grant funds for low- income housing programs; received certification of the county's
Local Coastal Program from the California Coastal Commission; and completed
successful permit process streamlining efforts. In 1988, Crawford directed the
processing of land use permits and preparation of an EISIEIR for a major onshore
support facility and pipeline as part of a new offshore oil project. From 1984 to 1989, he
served on a tri- county advisory committee on offshore oil issues established by the
Governor's Secretary of Environmental Affairs.
Before his tenure as planning and building director, he was the project manager for the
county's comprehensive Land Use Element/Land Use Ordinance, a single -map
integrated land use policy and regulatory system that replaced the more traditional two -
document zoning ordinance and general plan format. He personally drafted the Land
Use Ordinance. This innovative project won the American Planning Association
California Chapter meritorious program award in 1981.
Mr. Crawford earned his B.S. degree in City and Regional Planning at California
Polytechnic State University in San Luis Obispo, where he now serves as adjunct
professor in the City and Regional Planning Department. There he regularly teaches
Introduction to Urban Planning, Planning Administration, and Planning Agency
Management. He was selected by the Cal Poly College of Architecture and
Environmental Design as 1990 -91 Honored Alumnus. He has also served on the faculty
of the Lincoln Institute of Land Policy; and presently at UC Davis Extension, and UCLA
Extension, where he teaches annual professional development courses in zoning
ordinance drafting and geographic information systems (GIS).
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Paul Crawford
Crawford Multarl & Clark Associates
Crawford is a member of the College of Fellows of the American Institute of Certified
Planners (FAICP), American Planning Association (APA), Association of Environmental
Professionals (AEP), the Urban and Regional Information Systems Association (URISA),
and the Congress for the New Urbanism (CNU). He has also served on the Board of
Trustees of the Land Conservancy of San Luis Obispo County. Crawford was elected to
the California Planning Roundtable in 1993, served as its Secretary in 1997 and 1998,
as Vice President for Programs in 1999, and as president in 2000. He received the
"Award of Excellence for Distinguished Leadership as a Planning Professional" from the
California Chapter of the American Planning Association in 1998.
Mr. Crawford is an excellent communicator, whether writing or speaking, and has the
ability to make highly technical information understandable without trivializing the
content. He is an effective facilitator and mediator and is able to help groups work
through complex problems to solutions. His experience as a professional photographer
and filmmaker also enhances the clarity and effectiveness of the documents and public
participation programs he produces. His photos have been published in a variety of
periodicals, and his documentary film The World Within is being used by school districts,
national and state parks throughout the United States. He also was one of the authors
and a principal commentator in two videotapes available from the American Planning
Association: Why Plan ?, and The Role and Responsibility of the Planning
Commissioner. In his various capacities he has earned a reputation for thoughtfulness,
thoroughness, and political sensitivity.
A a a 0 C I A T E S
ELWOOD C. TESCHER, AICP
Principal, Director of Urban Planning and Design
Woodie Teacher brings more than 30 years of award winning urban design, planning and public facilitation experience to EIP.
TECHNICAL CAPABILITIES
• Oversees all urban planning and design programs for
EIP Associates throughout Californi%
• Recognized for advancing the state -of- the -art in the
development and application of planning and design
approaches that achieve community visions and enhance
the livability of neighborhoods and vitality of
commercial and community centers, including
pedestriao- oriented, transitroriented, mixed, live /work,
and traditional residential developments.
• Particularly skilled in the formulation of planning and
design documents that are implemented by public and
private clients.
• An experienced and skilled facilitator of public
involvement programs that reconcile the often -
conflicting objectives of residents, developers, and
property owners.
• Consistently involved in the coordination of multi-
disciplinary teams in challenging complex planning and
design assignments.
EDUCATION AND AFFILIATIONS
M.A., Architecture and Urban Design, University of
California, Los Angeles (UCLA)
B.A., Architecture, University of Southern California
Member, American Planning Association
Member, California Planning Roundtable
Member, Westside Urban Fomm
Instructor, Urban Design course, UCLA Extension
AWARDS AND HONORS
2004 Santa Clarita Valleywide General Plan and Visioning
Project - Outstanding Public Outreach and
Involvement, Association of Environmental
Professionals
2001 Distinguished Service Award, Planning Organization
(California Planning Roundtable); member CCAPA
2000 Outstanding Planning Achievement for
Comprehensive Planning for University Community
Concept Plan, Central Section CCAPA
2000 Outstanding Planning Achievement for
Comprehensive Planning, Ontario SOI Integrated
Biological Resources and Parks /Recreation Plan,
Inland Empire Section CCAPA
1997 Outstanding Planning Achievement for
Comprehensive Planning for the City of Los Angeles
General Plan Framework, CCAPA
1997 Outstanding Planning Achievement Award for
Comprehensive Planning for the City of Huntington
Beach General Plan, Orange Section, CCAPA
1997 Focused Issue Planning Award for the Long Beach
East Village Arts District Guide for Development,
Los Angeles Section, CCAPA
1994 Outstanding Planning Achievement Award for
Comprehensive Planning for the San Clemente
General Plan, Orange Section, CCAPA
1992 Distinguished Planner Award, CCAPA
1990 Westside Prize for the Santa Monica Third Street
Promenade, Westside Urban Forum
1989 Outstanding Planning Achievement Award for
Comprehensive Planning for the City of West
Hollywood General Plan, CCAPA
1978 Award of Merit for the Montezuma Transmission
Corridor Environmental Assessment for Pacific Gas
and Electric Corridor, APA
PROJECT EXPERIENCE
Genera! Plans
General Plan Update, City of American Canyon
General Plan Update, City of Corona -
General Plan Update, City of Beverly Hills
General Plan Update, City of Huntington Beach
General Plan Update, City of Lancaster
General Plan Framework, City of Los Angeles
Newport Beach — Phase I Visioning, City of Newport Beach
Ontario Sphere of Influence, City of Ontario
Oxnard — Phase I Visioning, City of Oxnard
General Plan Update, City of Palmdale
General Plan Update, City of Redondo Beach
General Plan Update, City of San Bemardino
Santa Clarita Valleywide General Plan, City of Santa Clarita
and County of Santa Clarita
General Plan Update, City of San Clemente
General Plan Update, City of West Hollywood
General Plan Update, City of Westlake Village
Neighborhood and Community Plans
Ahadma, Community Plan
Castaic Corridor Plan
Glendale "Model" Neighborhood Planning Program
University of California Merced Community Plan, Merced
County
spedEc Plans
Beverly Hills Industrial Area
Big Bear Lake Moonridge
El Segundo Downtown
Fontana Southwest and Jurupa Industrial Parks
Inglewood International Business Park
Kent County-City of Bakersfield Casa Loma Specific Plan
and Enterprise Zone Application
Los Angeles Coastal Transportation Corridor
Los Angeles County Malibu Center
Los Angeles Port Area Integrated Land Use Transportation
Specific Plan
San Gabriel Valley Boulevard Neighborhoods Sustainability
Plan, Los Angeles County
Santa Monica Third Street Promenade
Stock Ranch (City of Citrus Heights)
A division of
PW
/�
A S S'0 C 1 A T e s
Redevelopmenr/Revitall"don
Bakersfield Downtown Redevelopment Element
Beverly - Fairfax Neighborhood Revitalization Strategy
Buena Park Central Business District Redevelopment Project
Central Long Beach Guide for Development
El Segundo Downtown Vision Plan
Lancaster Central Business District Redevelopment Project
Long Beach East Village Arts District Guide for
Development
San Pedro Central Business District Revitalization Project
West Altadena Community Redevelopment Project
Visioning and Swaregic Plans
Agoura Hills Agoura Village Vision Plan
Culver City Vision Plan and Community Indicators
Downtown Manhattan Beach Strategic Action Plan
East Compton Redevelopment Project
Regional Plans
Policy Documents for the Los Angeles Sub - Region for
SCAG's Regional Comprehensive Plan
Comprehensive Plan for North Los Angeles County
(Antelope and Santa Clarity Valleys)
Developmen r Master Plans
Howard Hughes Center Master Plan
Playa del Rey Bluffs Development Plan
Hearst Ranch Master Plan
Baldwin Hills Master Plan
Bolsa Chica New Town Master Plan
Tres Hennanos Ranch Master Plan
City of Commerce Master Plan
Urban Design
San Bernardino Uptown Redevelopment Project Urban
Design Plan and Architectural Design Standards
Planning Studies
Santa Barbara Downtown Transitional Areas Rezone Study
Regional Conservation Element for Fresno County
Conservation and Urban Space Elements for the City of
Palmdale
Land Use and Environmental Components for the Areawide
Water Quality Management Plan for Latimer and Weld
Counties, CO
Envirorrmenral Impact Reports /Assessments
Pacific Gas and Electric Company Environmental Systems
EIR
Public Involvement and Conlllcr Resolution
Boyle Heights Los Angeles Design Action Planning Team
Workshop
Corona City Hall Planning and Design Charrette
Regional Urban Design Assistance and Team Workshops for
Downtown Hemdon, Virginia and Thousand Oaks
Boulevard Taylor Yard Planning and Design Workshop
Adiv� ion of
Ad
■, R 7
i
,
i
i
,
i
i
t
Laura Stearns, Esq.
Planner
Registration:
Ms. Stearns has four years of experience writing zoning codes and
1990, Florida Bar Association, FL
over ten years of legal experience in commercial and residential real
850918
estate transactions, including drafting and reviewing contracts and
other legal documents. In addition, she has been Executive Director
of a downtown association, where she served as a liaison between
Years of Experience.: 14
property owners, business owners, and city officials. She worked with
these stakeholders to identify economic and land use strategies that
would facilitate redevelopment.
Education:
J.D., 1989, Law, University of Miami
RELEVANT EXPERIENCE:
School of Law
With RBF and Urban Design Studio, Ms. Stearns has collaborated
Graduate Studies, 1983, Historic
on the preparation of zoning codes for the following California
Preservation Planning, Cornell
municipalities and counties:
University
• City of Brea (Ongoing since 2004)
B.A., 1979, American History,
• City of Burbank (2004)
University of Rochester
• City of Campbell (2003 -2004)
• City of Carpinteria (Ongoing since 2005)
• City of Cypress (2003 -2004)
Professional Affiliations:
• City of Los Alamitos (2003 -2005)
• City of Morgan Hill (2003)
Member, American Planning
• City of Newport Beach (Ongoing since 2005)
Association
• City of Pomona (2003 -2004)
• City of San Jacinto (2007)
Member, Florida Bar Association
• City of Tustin (Ongoing since 2005)
• County of San Bernardino (Ongoing since 2004)
• County of Santa Barbara (2004 -2005)
Contact Information:
RBF Consulting
Urban Design Studio
14725 Alton Parkway
Irvine, CA 92618
949 - 472 -3430 (office)
949 - 837- 4122(fax)
Istearns @rbf.com
DON ®YL \T /INB
City of Newport Beach Proposal for Zoning Code
APPENDIX B - UPDATING THE CODE
Updating the Code - A Briefing for Decision - Makers
by Paul Crawford, FAICP, and Susan Clark, AICP
Copyright ® 2001, Crawford Multad & Clark Associates
Note., Paul Crawford and Susan Clark wrote this article as a resource for use in the training and
orientation of elected and appointed officials in the variety of issues to be considered in updating zoning
and development codes. We offer this to the City of Newport Beach as an example of the type of
brlefing papers' we can provide during the process of preparing the updated Zoning Code.
Introduction
The explosion of development in California sparked by the economic vitality of the late 1990s
has highlighted the shortcomings of zoning codes throughout the state. The many inadequacies
of outdated and poorly patched codes have become painfully apparent in communities that are
not achieving the quality of development they want. At the same time, however, increased local
government revenues from the economic boom have provided the funding for many
communities to update their zoning codes. To assist in making these efforts most effective, this
article provides an overview of the typical components of zoning codes, and discusses a variety
of the issues that are useful to consider when a zoning code is updated.
California law makes the general plan the centerpiece of each community's planning program,
but the zoning code is, in many ways, a more significant determinant of community form and
character. The general plan is intended to provide broad -brush guidance for how and where the
community will accommodate physical growth and change. Even though California cities have
included ever Increasing detail in their general plan policies and standards over the past 20
years, general plans remain conceptual in comparison with the tools used to implement them.
Implementation occurs through specific plans, zoning codes and subdivision ordinances, and
capital improvement programs; but zoning codes have more day -to-day effect on the built
environment than all the others.
As the primary tool for general plan implementation, zoning codes are comprehensive
Cookbooks for day -to-day development decisions within each community. They expand on the
information in general plan maps and text by providing parcel- specific regulations for the
location of different land uses, and detailed specifications for the site planning and design of
proposed development.
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Zoning Code Components
A zoning code regulates development through its five major components. These include: a
zoning map that divides the community into separate zoning districts; a list of the types of land
uses that may be allowed in each zoning district; standards for site planning and development;
rules and procedures for obtaining City approval for development and new land uses; and rules
for zoning code administration, including establishing the authority for decision - making,
interpretations, and enforcement. Each component is described below.
Zoning map
The zoning map divides the community into the separate zoning districts established by the
zoning code text, consistent with the land use diagram of the general plan. Zoning districts and
general plan land use categories typically segregate land uses by type, such as residential,
commercial, . and industrial. City zoning codes and their maps often have several different
residential, commercial, and industrial zoning districts, as well as others serving special
purposes (for example, Public Facilities, or Open Space). The distinctions between different
zoning districts in the same major category (such as residential) are usually the different types
of land uses are allowed within them. (For instance, apartments are not allowed in a single -
family residential zone, but are allowed in multi - family residential.) The zoning map is important
because it shows where in the community different zoning requirements apply to specific
parcels; but the requirements themselves are found in the zoning code text.
Over the past 20 years, urban communities have become increasingly aware that the, standard
zoning practice of rigidly segregating land uses .by type can have undesirable side effects.
Primary among those effects are residents and workers being dependent upon the automobile
for transportation. This is because segregated zoning has produced cities that are not walkable,
and are also too dispersed to support economically. viable transit. In response, many cities have
updated their general plans and zoning codes with increased emphasis on opportunities for
mixed -use development, combining commercial and residential uses. They have also provided
for higher densities in residential areas near downtowns and other commercial districts, to make
It easier for people to walk for convenience shopping, other errands and, where possible,
employment.
Other responses to this problem include those developed by the New Urbanists, who
recommend a different approach to regulating the distribution of land uses. Instead of relying on
single -use zoning districts as the regulatory geography for a city, the New Urbanists prepare
regulating plans (as opposed to zoning maps) that divide a community into a series of mixed -
use zones based on an organizing principal called the fransect. A transect -based regulating
plan looks at a city as continuum of building types that range from the lowest densities and
lowest intensities of use at the community edge, and intensify as one moves from edge to core.
Then, the "preserve ", "reserve," "general urban," "urban center," and "urban core" transect
zones detail the appropriate densities, street types, and building types for each area they cover,
with the "general," "center," and "core" zones accommodating a more diverse mixture of land
uses than their conventional zoning counterparts.
New Urbanist codes also tend to more explicitly focus on neighborhoods as their community
planning unit. Neighborhoods are always mixed -use, contain activity centers of civic and
commercial uses, outdoor public spaces such as squares or greens, and also provide a range of
residential densities, for more choice in housing types than typical monolithic subdivisions of
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City of Newport Beach Proposal for Zondig Code
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single- family homes. Actual land uses are then regulated not by land use type, but by the type,
mass, and form of the buildings.
The New Urbanist approach to regulating development has been most often used in new towns
and other large -scale developments on vacant land. It can be difficult and complicated to apply
to an existing built community, where its full realization will only occur over time as Infill and
redevelopment occur. However, all principles of New Urbanism should be considered in any
zoning code update, because of their potential to significantly improve the efficient use of land,
and overall community livability.
Zoning Districts, Allowable Land Uses and Permit Requirements
The zoning code provisions that determine how individual parcels may be used include three
key parts. First, the purpose of each mapped zoning district is described, including the
categories of land use that are appropriate, and how each district relates to the land use
designations of the general plan. Zoning codes then list the land uses that may be allowed
within each zoning district. Finally, these "allowable use" lists note the type of City approval
required to establish each use. The zoning district designations and the land use lists together
implement the vision of the general plan for each area of the City.
The purpose of listing uses is to classify and identify the activities that the community desires in
each zoning district, and by exclusion, the uses the community does not want. Land uses are
normally listed as "permitted" if they reflect the primary purposes of the zoning district, and if
their possible adverse effects can be mitigated by the development standards of the zoning
code. Permitted uses are typically allowed without the need for any City approvals other than
building, grading, or other construction permits, although design review may also be required for
certain permitted uses in cities that have a design review process.
Other uses that may be appropriate in a zoning district are listed as "conditional." Conditional
uses may be compatible with, and supportive of the permitted uses and the overall intent of the
zoning district, but they are not simply "permitted" because the severity or undesirability of their
possible side effects (e.g., traffic, size, hours of operation, noise, etc.) may vary according to the
location and characteristics of the site, and the nature of surrounding land uses. Therefore,
conditional uses cannot be assumed to be appropriate on any given site without some public,
discretionary review to verify "compatibility," and the ability for the City to hold the development
accountable for its potential adverse impacts through required compliance with conditions of
project approval. This review is typically through a conditional use permit, or other similar
discretionary review and approval process.
Defining zoning districts, the land uses allowed within them, and the type of City approval
required for each use is one of the most important tasks in a zoning code update. The mixture
of land uses allowed in each zone will shape community form and character, determine how
different activities in a city relate to one another, and thereby whether the community will be
sprawling and auto - dependent, or compact and pedestrian- oriented. The types of commercial
uses allowed, or not allowed, will also affect the economy. The designation of some uses as
permitted and others as conditional will determine the extent to which the public may be
involved in the City's decisions on individual development projects. It will also affect the
workload of the decision - making bodies, and the amount of time required for a developer to find
out whether the City will approve, deny, or require modifications to a proposed project.
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City of Newport Beach Proposal for Zoning Code
Development Standards
All zoning codes establish development standards for the allowable location on a parcel and
size of proposed structures, in addition to regulating many other aspects of development project
planning, design and operation. Zoning codes contain three types of development standards:
zone - specific standards, use - specific standards, and general standards that apply to a variety of
land uses in different zones.
Zone - specific standards establish the scale and character of development unique to each
zoning district. These standards can address a wide variety of project location and design
details, but the most common zone - specific standards include setback requirements, height
limits, site coverage and floor area ratio restrictions, and residential density limitations. Setback
requirements determine the distance, if any, by which certain structures must be separated from
the street, other property lines, and /or other structures. Height limits specify the maximum
allowed height of new structures, identify how the allowed height must be measured (e.g., from
the street curb in front of the site, from the highest point on the lot, across the entire lot in an
imaginary plane parallel to the surface of the lot, etc.), and sometimes provide for exceptions to
the height limit for architectural features such as chimneys, towers, steeples, and certain roof -
mounted equipment. Site coverage requirements specify the maximum percentage of the site
area that may be covered by structures (and in some cities, by structures and pavement). Floor
area ratio (FAR) standards determine how much floor area a building may have in relation to the
area of the site (for example, a FAR requirement of 0.50 would allow a 10,000 square foot site
to be developed with a 5,000 square foot building (10,000 x 0.50 = 5,000), provided that the
building also satisfies any applicable height limit, setback, site coverage, and other zoning code
requirements such as parking). Residential density requirements determine the number of
housing units that may be developed on a site based on its size.
Use - specific standards apply to the development and operation of particular land uses that are
known to have the potential for similar adverse effects regardless of their location. The most
common use - speck standards found In zoning codes address: adult entertainment
businesses, animal keeping, bed and breakfast inns, day care facilities, drive through facilities,
home occupations, outdoor uses (such as merchandise display and sales, and storage), service
stations, and wireless telecommunications facilities. Each city is likely to have other specific
land uses that have proven problematic in the past, which the community would like to more
effectively control. The substance of use - specific standards can range from the same issues
addressed by zone - specific standards (for example, requiring a large landscaped setback for
office parks that supercedes the minimum front setback required by the zoning districts), to
limitations on hours of operation, or detailed standards for the site layout and facilities
associated with a particular use. An example of the latter can be found in zoning codes that
provide standards for multi - family projects, such as the minimum area of private outdoor space
for each unit, and /or the minimum area of common outdoor space based on the total number of
units.
General development standards are those that apply to a variety of land uses in different zones.
They include such topics as off - street parking and loading requirements, sign regulations,
landscaping requirements, hillside development standards, tree removal regulations, affordable
housing requirements and incentives, and other topics.
Zoning code updates often include both subtle refinements and wholesale revisions to their
development standards. The objectives of these changes are typically to ensure that new
development is a good "fit" with surrounding land uses and the community, and to work toward
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City of Newport Beach Proposal for Zoning Code
positive shifts in the character of particular areas of the community. An example of the latter is
where zoning standards are revised to provide for development with greater pedestrian
orientation in commercial and residential areas, or to respond to economic changes that have
caused unexpected shifts in demand for certain uses, such as a proliferation of offices
occupying ground floor space in retail areas.
Permitting and Development Review Procedures
The permitting and development review procedures within a zoning code include provisions for
the preparation, filing, processing, and evaluation of land use permit applications by City staff.
The procedures then provide criteria for the approval or denial of the permit applications by the
assigned decision - making body (for example, a planning commission or zoning administrator).
These procedures usually address each type of land use approval separately, with individual
chapters or sections on conditional use permits, variances, and design review.
There are a number of variations among cities in how specific types of approvals are handled.
For example, some cities have both "use permits," and "minor use permits." The difference
between the two is typically that a use permit is subject to a public hearing; and approval or
denial by a planning commission, while a minor use permit is "heard," and approved or denied
by a City staff person designated as "zoning administrator. Some cities use a similar
arrangement for variances (variances and minor variances).
The "minor" version of the use permit is provided for situations where the City has determined
that a particular type of land use needs discretionary review, but that the issues an individual
project will raise are likely to be not significant or complicated enough to warrant planning
commission involvement. Otherwise, the minor use permit process is identical to the use permit
in terms of public notice, a hearing, and the extent of discretion that may be exercised in the
decision. ,The advantage of this approach is for cities that are interested in streamlining their
land use permit review process. The capability for a zoning administrator to review and act
upon some discretionary land use permit applications can .shift workload from an overloaded
planning commission, and provide for greater flexibility in the scheduling of public hearings on
the "minor" applications.
Rules for Zoning Code Administration
The last major component of a zoning code (other than a glossary containing definitions of the
technical terms and phrases used in the code) is a series of rules for the administration of the
code. These provisions include procedures for public hearings and appeals, zoning code
interpretations, property rezonings and amendments to the zoning code text, code enforcement,
and regulations for nonconformities. With the exception of nonconformities, the substance of
these provisions is significantly influenced by state law requirements, and tends to be similar in
different cities.
Regulations for nonconformities play a unique role in zoning codes. Nonconformities are land
uses and structures that were legally established and /or constructed in compliance with the
zoning code requirements that applied at the time, but would not be allowed today in the same
way (or in some cases, at all), because of intervening zoning code amendments that changed
the rules. Depending on the preferences of a city, regulations for nonconformities either. allow
them to continue indefinitely as long as they are not changed, and until they are voluntarily
removed or discontinued by the property owner; do not allow them to be re- established after
involuntary destruction; require them to be phased out over some specified period of time; or a
el
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City of Newport Beach Proposal for Zoning Code
combination of all of the above. Because any change to the allowable uses or development
standards of a zoning code can create nonconformities, proposed zoning code changes should
also be evaluated to ensure that these effects are understood. Then, the regulations for
nonconformities can be adjusted as needed to either relax or maximize the effect of the
changes on existing uses.
Zoning Code Update Issues
Primary Concerns
The scope of substantive changes in a zoning code update should be defined through several
means, each of which will contribute important insights into the adequacies and inadequacies of
the existing code. First, regular users of the code should be consulted for input about their
experiences working with the current standards and procedures. This feedback can provide
valuable perspectives on how users with different objectives feel about the effectiveness, clarity,
and ease of use of the current code. These participants should include: staff who administer
the existing provisions; decision - makers; project designers, developers and other zoning permit
applicants; and the general public.
A thorough, multi -part analysis should then examine the details of the code. One part of the
analysis should review the current code in relation to the pollcies of the general plan, current
state law and case law requirements. This review will determine whether all applicable plan
policies and legal requirements are effectively addressed by the current code.
The analysis should also evaluate current zoning code provisions by comparing them with a
sample of existing development projects. The projects should be chosen to represent both
those regarded by the community as desirable and successful, and others that are generally
seen as undesirable, no longer appropriate, or otherwise problematic. This component of the
analysis will highlight current standards that have been ineffective in producing desirable
development, and also those that are working well.
Finally, in cases where the code update is expected to involve new or revised standards for infill
development within existing neighborhoods, the analysis should include a detailed inventory of
existing conditions within the areas to be affected. "Existing conditions" should include the
quantifiable features of existing development that define neighborhood character. An example
of this would be where a City intends to reconsider its building setback requirements and height
limits as they affect an existing neighborhood, or where citizens have noted that new homes in
an older area are insensitive to neighborhood character. In this case, the inventory should
measure, document, and analyze existing development to identify the "on- the - ground" patterns
and rhythms of street setbacks, separations between buildings, and heights from one lot to the
next; or at least should document those features from a "sample" of representative lots within
the neighborhood. Then, as new standards are considered, their effectiveness in replicating
existing neighborhood character, and hence their desirability, can be assessed.
The results of the above analysis should provide an understanding of:
How well existing zoning requirements are working;
Whether new land use issues have emerged in the community that are not addressed by
existing requirements and need new standards; and
What existing standards and procedures need to be changed, augmented, or discarded.
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City of Newport Beach Proposal for Zoning Code
-- The actual revision work can then begin. A variety of resources can then be drawn upon to
provide source material for revisions. These include: reviewing the zoning codes of other
communities; using zoning and land use consultants experienced in drafting standards to
address issues that have not been covered by other communities; and taking advantage of
insights and input from City staff on how to address land use regulatory issues in ways that will
work within the community's social and political framework.
Usability Issues
A zoning code update should also focus on document usability. It is important that zoning
information be readily accessible and understandable to all users. The following are some
important format and content features that zoning documents should include to improve ease of
use.
• Logical organization - The table of contents and the internal structure of chapters should
be organized to reflect the sequence in which code users most commonly need to find
specific information. For example, the fact that many existing codes place their "Definitions"
at the beginning of the document would appear to suggest that users will routinely read the
definitions before any other portion of the code, which in fact rarely occurs.
While keeping the definitions at the front of a zoning code makes sense if maintaining the
same format in all segments of a municipal code is considered important, a primary question
to ask in deciding how to organize a zoning code is "Where will users most Intuitively expect
to find specific information ?" People working with zoning documents tend to be interested in
first finding whether particular land uses are allowed in particular zones, then the regulations
and standards that apply to the design and development of a use, and finally the details of
the required approval process. The code should be organized to reflect these procedural
sequences and the order in which decisions about the applicability of provisions must be
made.
Clear language and readability - Zoning documents must be clearly written, avoiding
ambiguity, jargon and lengthy narrative, and use the simplest terms possible to describe
their requirements. Regulations should be consolidated into easy -to- understand tables
whenever possible. Overall, the format should employ effective graphic design and page
layout techniques to enhance readability.
• Navigation tools - Zoning code users need to be able to easily find their way around in the
code, and readily identify the code provisions that apply to their project or otherwise affect
their interests. Therefore, a zoning code should include, at minimum, the following
navigation tools.
o Informative table of contents. Chapter and section titles should be descriptive, as in
"Standards for Specific Land Uses" rather than an ambiguous "General Provisions," so
that the table of contents can be easily scanned to identify provisions of interest.
o Cross- references. While reviewing regulations on a particular topic, code users must
be made aware of other related regulations that may affect their interests. A zoning
code should include cross- references to its other relevant provisions, as well as
references to potentially applicable regulations (e.g., building, environmental, grading,
subdivision, etc.) in other portions of the municipal code, where appropriate.
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City of Newport Beach . Proposal for Zoning Code
o Headers and footers. Each page of the zoning code should provide headers and /or
footers. that identify the first section number on the page, and the section title, to allow
easy browsing.
• Extensive use of graphics - A zoning code should use graphics to assist in illustrating the
applicability and /or effect of regulations wherever illustration can improve understanding.
Formal procedure for Interpretations - The administration of zoning documents inevitably
involves the need for interpreting their provisions, where the applicability or effect of a
particular requirement may be uncertain in a situation that was not anticipated when the
code was drafted. These situations often include new land uses that did not exist when the
code was prepared (e.g., video game arcades in the case of codes drafted in the 1960s). A
zoning document must clearly define the authority for interpretations, include a formal
procedure for all types, and provide a definitive means for incorporating them into the code
through amendment, or. otherwise ensuring that they will be effectively recorded for future
retrieval and use.
Simplified permitting procedures - A zoning code should employ the least complicated
permitting procedures possible, consistent with State law requirements and the need to
ensure effective project review and proper implementation of the general plan.
Discretionary permits may not be necessary if clear development or performance standards
can effectively address all community concerns about a particular land use through a
ministerial permit process.
• Organization to accommodate changes - Code chapters and sections should be s .
organized and numbered to accommodate amendments without the need for extensive
renumbering of existing sections. The initial drafting of the code should anticipate the need
for additional regulatory topics in the future, and provide space in the numbering system for
their later inclusion.
The Importance of a Zoning Code Update
Communities secure the type and quality of development they want through three key means: 1)
they clearly communicate their expectations for development; 2) they ensure their professional
planning staffs are skilled in working with project applicants to assist them in understanding and
fulfilling the community's expectations; and" 3) their decision- making bodies rigorously follow
through by approving only those projects that meet, or are revised to meet their expectations.
These three means interact as a system, and each must perform adequately if the local
development review process is to be successful. As the primary, and most often consulted tool
for communicating the community's development expectations, zoning codes play a critical role
in determining the form and character of the community. Updating the zoning code Is, therefore,
one of the most important planning - related tasks a community can undertake.
Paul Crawford, FAICP, is a principal of Crawford Multarl & Clark Associates (CMCA), consultants in
planning, resource management, and public policy, based in San Luis Obispo, Caftmia. Susan Clark,
AiCP, is a former CMCA senior associate, and Is currently assistant community development director for
the City of Grover Beach, California.
Hogle- Ireland • Jacobson & Wack • Crawford Multed & Clark Associates • RBF Consulting • E1P Associates 8
Exhibit g
�s
March 13, 2007
Gregg Ramirez, Senior Planner
City of Newport Beach
Planning Department
3300 Newport Blvd
Newport Beach, CA 92663
Subject: Addendum to Proposal, Zoning Code Rewrite
Dear Mr. Ramirez:
Irvine
Riverside
Palm Springs
As a result of our meeting with you and the rest of the interview panel on Monday, March 12, 2007, we
are submitting the attached addendum to our proposal for the Zoning Code rewrite dated February 23,
2007.
At the panel's request, we are adding three pubic workshops to our proposal as a new task and
increasing the number of public hearings with the Planning Commission from two to six. In addition, we
are proposing to increase the budget for the CEQA documentation from $5,800 to $9,500 because our
first estimate was too low and did not consider implementation of the LCP and an additional meeting with
staff. We also recommend increasing the contingency budget from $41,258 to $60,000 to help ensure a
sufficient project budget and avoid having to req uest additional funds in the future.
Respectfully submitted,
Ron Pflugrath, AICP
Senior Project Manager
Hogle- Ireland, Inc.
Attachment: Addendum to Proposal for Zoning Code Rewrite
hog] ei v e Ia. d. com
3C
CITY OF NEWPORT BEACH
Proposal for Zoning Code Rewrite
Exhibit A
ADDENDUM TO PROPOSAL
March 13, 2007
Following is an addendum to the proposal submitted by Hogle- Ireland for the City of Newport Beach
Zoning Code rewrite, dated February 23, 2007.
1. Add new task for public workshops
4.3 Public Workshops. The consultant team will facilitate up to three public workshops with
the intent of informing the public about the General Plan implementation process through
the comprehensive rewrite of the City's Zoning Code. The workshops are intended to
provide the public with information about the Zoning Code rewrite process and to seek
input from the public relative to specific concerns.
At least three consultant team members will attend each of the workshops. The consultant
will provide informational handout material and visual presentation materials (e.g.,
PowerPoint or presentation boards) as necessary to facilitate the workshops. Staff will be
responsible for providing public notices for the workshops, arranging the meeting place,
and providing copies of handout material for workshop attendees.
Products. Facilitation of three public workshops and provision of presentation materials
2. Amend Task 5.1, Planning Commission Workshops /Hearings
Amend first paragraph of Task 5.1 to include six workshops /hearings with the Planning Commission.
Replace first paragraph with the following:
5.1 Planning Commission Workshops /Hearings. The consultant team will attend and
participate in up to six public workshops and/or hearings with the Planning Commission to
review the draft Zoning Code. If desired by the City, the consultant team will attend
additional meetings on a time -and- materials basis.
3. Amend CEQA Documentation Budget
Amend "Optional Cost" budget for CEQA Documentation from $5,858 to $9,500. See Exhibit B.
4. Amend Contingency Reserve Budget
Amend "Contingency Reserve" budget from $41,258 to $60,000. See Exhibit B.
1
CITY OF NEWPORT BEACH
Proposal for Zoning Code Rewrite
Exhibit B
ADDENDUM TO PROPOSAL
March 13, 2007
BUDGET
Scope Refinement and Committee and City Staff Participation
1.1 Initial Scoping Meeting
1.2 Document Review
1.3 Initial Committee Meeting
1.4 Summary Matrix of Zoning Code Issues
Zoning Code Preparation
2.1 Draft Zoning Code Format and Outline
2.2 Zoning Distract Provisions
2.3 General Dmelopmerd and Specific Use Standards
2.4 Administrative Provisions
2.5 Preliminary Draft Zoning Code
2.6 Screencneck Draft Zoning Code
2.7 Public Renew Draft Zoning Cade
Specific Plans
3.1 Document Review
3.2 Aduse Staff Regarding Updates
3.3 Map and Text Changes
Committee Meetings and Team Coordination
4,1 Committee Mectings(1B)
4,2 Project Coordination
4,3 Public Workshops
Public Review and Adoption
5,1 Planning Commission Workshops/Hearings (8)
5.2 City Council Workshops/Hearings (2)
5,3 Screenclx ck Final Zoning Code
5,4 Final Zoning Code
20 I
Staff Time ours)
$27.600
$3,800
961 321
Oraphks,
Task
Principals
AssoclaR i Document
Total
Task Cost
241 81 41
36
Design!
Hours
)Production
Scope Refinement and Committee and City Staff Participation
1.1 Initial Scoping Meeting
1.2 Document Review
1.3 Initial Committee Meeting
1.4 Summary Matrix of Zoning Code Issues
Zoning Code Preparation
2.1 Draft Zoning Code Format and Outline
2.2 Zoning Distract Provisions
2.3 General Dmelopmerd and Specific Use Standards
2.4 Administrative Provisions
2.5 Preliminary Draft Zoning Code
2.6 Screencneck Draft Zoning Code
2.7 Public Renew Draft Zoning Cade
Specific Plans
3.1 Document Review
3.2 Aduse Staff Regarding Updates
3.3 Map and Text Changes
Committee Meetings and Team Coordination
4,1 Committee Mectings(1B)
4,2 Project Coordination
4,3 Public Workshops
Public Review and Adoption
5,1 Planning Commission Workshops/Hearings (8)
5.2 City Council Workshops/Hearings (2)
5,3 Screenclx ck Final Zoning Code
5,4 Final Zoning Code
20 I
1 20
$27.600
$3,800
961 321
i 128!
17
361 24 84
40
40
$6,000
241 81 41
36
$4,740
161
tlI
$27.600
24
$3,240
8,
81
361 24 84
1 761
$2.040
1 241
16'
41
44
$5,560
it 540 72 36 646 $91,260
50 60 $12,000
106 24 241 1bul $20,520
720
48 76B
$27.600
40
8 4B
$6.600
241
361 24 84
$9,180
161
241 321 72
$7,320
Totaliburs 2384 500 9321 3316
s.',..
Miscellaneous expenses: telephone, pdnling, shipping (Not to exceed)
$7,500
Travel expenses - 24 meetings (Not to exceed)
$3,500
OTAL ESTIMATED COST $447,600
The fees contained in Ns protomf budget shall be valid for a period of 90 days.
City of Newport Beach NO. BA- 07BA -061
BUDGET AMENDMENT
2006 -07 AMOUNT: Ss32 a2o.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations to approve a professional services agreement with Hogle- Ireland for the Zoning Code
Rewrite and CEQA Review.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3605
REVENUE ESTIMATES (3601)
Fund/Division Account
EXPENDITURE APPROPRIATIONS (3603)
Description
General Fund - Fund Balance
Description
Signed:
Signed:
Signed:
Financial Approval: Admini rative Services Director
Administrative rova: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$632,420.00
$632,420.00
Date
O
to
Date
Description
Division
Number
2710 Planning - Administration
Account
Number
82932 Zoning Code Rewrite
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
Financial Approval: Admini rative Services Director
Administrative rova: City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$632,420.00
$632,420.00
Date
O
to
Date