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