HomeMy WebLinkAbout05 - Second Reading of Ordinance for Height Overlay District Zoning Code Amendment in West Newport Mesa (PA2015-047)CTY OF
F
NEWPORT BEACH
City Council Staff Report
May 26, 2015
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: Fern Nueno, Associate Planner
PHONE: (949) 644 -3227
TITLE: Second Reading of Ordinance for Height Overlay District Zoning Code Amendment
in West Newport Mesa (PA2015 -047)
ABSTRACT:
A Zoning Code Amendment to allow increased residential building height in the Multiple Residential (RM)
Zoning District within Statistical Area A2 in West Newport Mesa in conjunction with the provision of
enhanced project design and amenities.
RECOMMENDATION:
a) Find the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations
(Section 15305, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental
Quality Act) under Class 5 (Minor Alterations in Land Use Limitations); and
b) Conduct a second reading and adopt Ordinance No. 2015 -12, An Ordinance of the City Council of the
City of Newport Beach, California, Approving Zoning Code Amendment No. CA2015 -004 Creating a Height
Overlay District to Allow Increased Residential Building Height for Properties Located in the Multiple
Residential Zoning District in Statistical Area A2 in West Newport Mesa (PA2015 -047) (Staff Report
Attachment No. CC 1).
FUNDING REQUIREMENTS:
There is no fiscal impact related to the Code Amendment.
DISCUSSION:
On May 12, 2015, after a noticed public hearing, the City Council introduced and passed to second reading
Ordinance No. 2015 -12 approving a Zoning Code Amendment to create a Height Overlay District in the
Multiple Residential (RM) Zoning District within Statistical Area A2.
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ENVIRONMENTAL REVIEW:
The project is categorically exempt pursuant to Title 14 of the California Code of Regulations (Section
15305, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act)
under Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor alterations in land use
limitations in areas with an average slope of less than 20 percent, which do not result in any changes in
land use or density. The Zoning Code Amendment creates a Height Overlay District to provide a
mechanism to request additional residential building height, which provides for minor changes in land use
limitations. The average slope of the properties involved is less than 20 percent and the project does not
change the allowed land uses or density for any property within the Height Overlay District.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment CC 1 - Ordinance No. 2015 -12
Attachment CC 2 - Correspondence
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ATTACHMENT CC -1
ORDINANCE NO. 2015 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2015 -004 CREATING A
HEIGHT OVERLAY DISTRICT TO ALLOW INCREASED
RESIDENTIAL BUILDING HEIGHT FOR PROPERTIES
LOCATED IN THE MULTIPLE RESIDENTIAL ZONING
DISTRICT IN STATISTICAL AREA A2 IN WEST NEWPORT
MESA (PA2015 -047)
WHEREAS, on January 13, 2015, Council Member Tony Petros requested the City
Council consider initiation of a Zoning Code Amendment to allow increased residential
building height in the Multiple Residential (RM) Zoning District in Statistical Area A2 in
West Newport Mesa;
WHEREAS, the City Council initiated a Zoning Code Amendment on January 27,
2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A
notice of time, place and purpose of the meeting was given in accordance with the
Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the City Council at this meeting;
WHEREAS, the Zoning Code Amendment establishes a Height Overlay District
( "Overlay ") to allow increased residential building height in conjunction with the provision
of enhanced project design and amenities;
WHEREAS, the subject properties are located in the RM Zoning District and the
General Plan Land Use Element categories are RM;
WHEREAS, lot 1 of Tract 8381 is located within the Coastal Zone and the Coastal
Land Use Plan designation is Multiple Unit Residential (RM -C). The remaining properties
within the Overlay are not located within the Coastal Zone;
WHEREAS, on March 19, 2015, the Planning Commission reviewed the Zoning
Code Amendment as a New Business discussion item in the Council Chambers located at
100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the
meeting was given in accordance with the Newport Beach Municipal Code. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this meeting;
WHEREAS, a public hearing was held by the Planning Commission on April 9,
2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A
notice of time, place and purpose of the public hearing was given in accordance with the
Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing. The Planning
Commission recommended approval of the Zoning Code Amendment;
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WHEREAS, a public hearing was held by the City Council on May 12, 2015, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing. The City Council introduced and
passed to second reading the ordinance to approve the Zoning Code Amendment; and
WHEREAS, a public meeting was held by the City Council on May 26, 2015, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public hearing was given in accordance with the Newport
Beach Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public meeting. The City Council conducted a
second reading of the ordinance to approve the Zoning Code Amendment.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The Zoning Map adopted by reference in Section 20.14.010 of Title
20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to define
the properties located within the Height Overlay District as shown on the map provided
in Exhibit "A," which is attached hereto and incorporated herein by reference.
Section 2: Section 20.28.010 of Title 20 (Zoning Code) of the Newport Beach
Municipal Code is hereby amended to add Subsection "D" to read as follows:
D. Height (H) Overlay District. The H Overlay District is intended to
establish standards for review of increased building height in conjunction
with the provision of enhanced project design features and amenities.
Section 3: Chapter 20.28 of Title 20 (Zoning Code) of the Newport Beach
Municipal Code is hereby amended to add Section 20.28.060 to read as follows:
20.28.060 Height Overlay District
A. Applicability. The Height Overlay District includes properties
located in the Multiple Residential (RM) Zoning District within
Statistical Area A2.
B. Discretionary Review. A request for an increase in building
height under the provisions of the Height (H) Overlay District requires
discretionary review through either a site development review or
planned development permit.
C. Eligibility. Properties eligible for the Height (H) Overlay District
must have a minimum lot size of one (1) acre.
D. Maximum Height. The maximum height limit is forty (40) feet for
a flat roof and forty-five (45) feet for a sloped roof. The
development shall be three (3) stories maximum.
E. Required Findings. The review authority may approve a planned
development permit or site development review to allow a project in
compliance with this Section only after finding all of the following in
addition to the findings required for the discretionary permit
application and the findings required by Subsection
20.30.060(C)(3):
1. The proposed project provides increased building setbacks from
public streets and property lines above code requirements;
2. The proposed project provides project enhancements and on-
site recreational amenities for the residents above code
requirements; and
3. The proposed project provides quality architecture and quality
materials.
F. The following standards should be considered for compliance
with Finding E(3) above:
1. Enhanced treatment of building elevations facing public streets
with respect to architectural treatment to achieve a high level of
design and neighborhood quality (e.g., high - quality doors,
windows, moldings, metalwork, finishes, stoops, porches, etc.).
2. Building materials and colors should be selected that will
complement the proposed design and existing buildings in the
surrounding area.
3. Building materials should be high - quality, durable, authentic to
the architectural style, and applied in a quality fashion.
4. If stucco is used it should have a smooth finish. Sand and lace
stucco finishes should be avoided.
5. Lighting should be selected to provide ambiance, safety, and
security, without unnecessary spillover or glare.
6. Building owners and tenants should keep the building exteriors
and facades clean and in good repair.
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G. Subdivisions. Projects that include a subdivision shall adhere to
the following criteria in order to ensure the provision of enhanced
project design features:
1. Overall Lot Setbacks. The Multiple Residential (RM) Zoning
District setback requirements are applicable to the overall
development lot.
2. Primary Structure Front Setback. The minimum setback for
primary structures is twenty -five (25) feet from any front property
line abutting a public street.
3. Street Enhancements. A landscaped area is required within the
first fifteen (15) feet of the front setback, and shall include trees,
shrubs, and ground cover. Fences, walls, or hedges are allowed
beyond the fifteen (15) -foot front landscape setback.
4. Side Landscape Setback. A minimum five (5) -foot landscape
setback is required from any side property line abutting a public
street, and shall include trees, shrubs, and ground cover.
Fences, walls, or hedges are allowed beyond the five (5) -foot
setback.
5. Public Sidewalks. Sidewalks are required to be a minimum
width of eight (8) feet. A meandering sidewalk design is
preferred for lots greater than three hundred (300) feet in width
and must be designed to be compatible with abutting properties.
6. Common Open Space. A minimum of one hundred (100) square
feet of common open space per unit is required, not including
pathways, and must be dedicated to recreational amenities.
7. Recreational Amenities. Recreational amenities are required
and may include a recreation building, seating areas,
barbecue /grill, fire pit/fireplace, swimming pool /spa, bicycle
racks /storage, activity area (such as playing field /lawn, sport
court, horseshoe pit, playground, etc.), or similar amenities.
8. Additional Guest Parking. Where limited off -site, on- street
parking is available, guest parking is required above the code
requirement and must be distributed throughout the site.
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Section 4: Subsection 20.30.060(C)(2)(b) of Title 20 (Zoning Code) of the
Newport Beach Municipal Code is hereby amended to read as follows:
b. RM and RMD Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is
twenty -eight (28) feet (including guardrails and parapet walls) and
the base height limit for structures with sloped roofs is thirty -three
(33) feet. The height of a structure may be increased up to a
maximum of thirty -two (32) feet with a flat roof or thirty -seven (37)
feet with a sloped roof through the approval of a discretionary
application as provided above. This height limit applies in all RM
and RMD Zoning Districts as shown on the Zoning Map. For
properties located within the Height (H) Overlay District, the height
of a structure may be increased to a maximum of forty (40) feet with
a flat roof or forty -five (45) feet with a sloped roof pursuant to
Section 20.28.060.
Section 5: Zoning Code Amendments are legislative acts. Neither the City's
Municipal Code nor State Planning Law set forth any required findings for either
approval or denial of such amendments, unless they are determined not to be required
for the public necessity and convenience and the general welfare.
General Plan Policy LU 6.6.2 promotes the development of a mix of residential
types and building scales within the densities permitted by the RM Zoning District land
use designation in West Newport Mesa.
The Zoning Code Amendment allows for the development of a product type that
is three - stories with a roof deck that is being developed in other cities in Orange County
and cannot currently be developed under the City Municipal Code requirements.
The Zoning Code Amendment allows for greater flexibility in project design and
would result in additional open space while maintaining the allowed gross floor area.
Compared with the current height limit with a more constrained building envelope, the
proposed amendment provides an opportunity for increased building articulation and
modulation.
The Zoning Code Amendment would lead to street enhancements should
properties be redeveloped pursuant to the overlay requirements for additional setbacks
and quality architecture.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
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City Council hereby declares that it would have passed this ordinance and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 8: The City Council finds the project to be categorically exempt
pursuant to Title 14 of the California Code of Regulations (Section 15305, Article 19 of
Chapter 3, Guidelines for Implementation of the California Environmental Quality Act)
under Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor
alterations in land use limitations in areas with an average slope of less than 20 percent,
which do not result in any changes in land use or density. The Zoning Code
Amendment creates a Height Overlay District to provide a mechanism to request
additional residential building height, which provides for minor changes in land use
limitations. The average slope of the properties involved is less than 20 percent and the
project does not change the allowed land uses or density for any property within the
Height Overlay District.
Section 9: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 10: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
F1Si
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of May, 2015, and adopted on the 26th day of
May, 2015, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYO
ATTEST:
EDWARD D. SELICH
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORN E
AARON C. HA , ITY ATTORNEY
Page 17
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I
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Legend
— - City Boundary
Statistical Area A2
M RM Zoning District
EXHIBIT "A"
16TH ST W
- - - -,
City of Costa Mesa
Height Overlay District
Properties in the RM Zoning District in
° Statistical Area A2
Code Amendment No. CA2015 -004 (PA2015 -047)
Mw
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0 500 1,000
Feet
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NLW
Page 18 5 -10
ATTACHMENT CC -2
RE: PA 2015 -47 - Height Overlay District Zoning Code Amendment for West Newport Mesa
Dear Mayor Selich and Members of the City Council:
Please consider these comments as followup to the meeting on May 12.
The proposed modification to Municipal Code Subsection 20.30.060(C)(2)(b) and the proposed add of
Subsection 20.28.010(D) are not consistent with Subsection 20.28.010 Purposes of Overlay Zoning
Districts, from which I quote:
"...All development shall comply with the applicable development standards (e.g., setbacks, height) of
the underlying zoning district in addition to the standards provided in this chapter, if any. In situations
where an inconsistency occurs between the development standards of the underlying zoning district and
the standards in this chapter the most restrictive standards shall prevail."
The proposed modification may be pursuant to Subsection 20.28.060, but it is not compliant with
Subsection 20.28.010, from which Subsection 20.28.060 obtains its authority.
How does the City reconcile this inconsistency between the purposes of overlay zoning districts, as
currently defined in the Code, are to implement more restrictive requirements, and not to lessen
restrictions (i.e. increase building height). Trading setback (more restrictive) for height (less restrictive)
doesn't appear to be consistent with the purposes of overlay zoning districts.
Since the underlying development standards in the RM and RMD Zoning Districts Height Limit Area
require a maximum of 32 (flat) / 37 (sloped) feet height, and the overlay district allows (less restrictive)
up to a maximum 40/45 feet height, shouldn't the more restrictive code prevail? (i.e. proposed
Height (H) Overlay District is a "catch -22" as currently drafted).
b. RM and RMD Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures With flat roofs is
twenty -eight (28) feet (including guardrails and parapet walls) and
the base height limit for structures with sloped roofs is thirty -three
(33) feet_ The height of a structure may be increased up to a underlying
maximum of thirty -two (32) feet with a flat roof or thirty -seven (37)
feet with a sloped roof through the approval of a discretionary code
application as provided above- This height limit applies in all RM
and RMD Zoning Districts as shown on the Zoning Map_'s For
grope e—s to ed within the Height (H) Overlay District, the height
of a structure may be increased to a maximum of forty (40) feet with
a flat roof or forty -five (45) feet with a sloped roof pursuant to
Section 20.28 -060. u�at about Section 20.28.010? —
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I respectfully propose that the City Council vote to send this proposed amendment back to the Planning
Commission for a thorough study and evaluation of the various impacts that the proposed overlay
district could have on other sections of the current code, including Section 20.28.010 Purposes of
Overlay Zoning Districts, under which Subsection D is proposed to be added.
Thank you for the opportunity to comment on this proposed ordinance.
David Szecsei
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined
below. An overlay district may be initiated as a Zoning Map amendment in compliance with
Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g.,
setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In
situations where an inconsistency occurs between the development standards of the underlying zoning district
and the standards in this chapter the most restrictive standard shall prevail.
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