HomeMy WebLinkAbout05 - Mixed-Use Code Amendment�EW�Rr CITY OF
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C9C /Fp0.N`P City Council Staff Report
Agenda Item No. 5
May 14, 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: O.
TITLE: Adoption of Ordinance No. 2013 -9 Approving Code Amendment No.
CA2013 -001 for Mixed -Use Zoning Districts on the Balboa
Peninsula (PA2013 -020)
ABSTRACT:
Adoption of Ordinance No. 2013 -9 approving Code Amendment No. CA2013 -001, an
amendment to Zoning Code (Title 20) 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 on the Balboa Peninsula.
City Council approved Code Amendment No. CA2013 -001 and introduced the attached
ordinance on April 23, 2013.
RECOMMENDATION:
Conduct a second reading and adopt Ordinance No. 2013 -9 (Attachment No. CC1)
approving Code Amendment No. CA2013 -001.
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).
Submitted by:
Kimberly Brand
Director
Attachment: CC1 Ordinance No. 2013 -9
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Attachment No. M
Ordinance No. 2013 -9
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4
ORDINANCE NO. 2013 -9
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
NEWPORT BEACH APPROVING CODE AMENDMENT NO.
CA2013 -001 MODIFYING THE MINIMUM LOT AREA/DENSITY
STANDARD FOR MU -V (MIXED -USE VERTICAL), MU -CV /15TH
STREET (MIXED -USE CANNERY VILLAGE AND 15TH STREET)
AND MU -W2 (MIXED -USE WATER) ZONING DISTRICTS
(PA2013 -020)
1 I :1:9411 WK K 9111 I[*] I IK O ] a 1.1:901 I V & * ] N 11 AT Al 9012 r :3 UGC S 7 . I NMI 11 011 :1 -Ord a 104 U 00TG[.9 go] R 1101 T � L
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 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.
SECTION 3. FINDINGS.
1. Mixed -use properties on the Balboa Peninsula contain unique site constraints that present
difficulties for potential projects to meet the minimum lot area /density standard established
by the Zoning Code.
2. The proposed amendment would allow the decision- making body, in conducting a site
development review for a mixed -use project, to modify or waive the minimum lot area /density
standard for the MU -V, MU -CV /15th Street, and MU -W2 Zoning Districts.
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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
0
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.
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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.
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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
2
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
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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.
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
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