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HomeMy WebLinkAbout2015-12 - Approving the 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 (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; Ordinance No. 2015 -12 Page 2 of 7 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 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 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. Ordinance No. 2015 -12 Page 3 of 7 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. Ordinance No. 2015 -12 Page 4 of 7 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. 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. 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. 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. Ordinance No. 2015 -12 Page 5 of 7 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 City Council hereby declares that it would have passed this ordinance and each section, Ordinance No. 2015 -12 Page 6 of 7 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. H t/ 11 H II H t/ H Ordinance No. 2015 -12 Page 7 of 7 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: Muldoon, Dixon, Mayor Selich NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS EDWARD D SELICi MAYOR ATTEST: C r LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY 'ATTORNEY I Legend City Boundary Statistical Area A2 RM Zoning District C;K/F'�IAT',A 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) IIBALBOAIMapsOrcMaplplanning lVicinity_MapsIPA2015 -047 CA_Height.mxd �a my e 0 �e 0 500 1,000 Feet STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2015-12 was duly and regularly introduced on the 12th day of May, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of May, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of May, 2015. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } ® R� City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015-12 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: May 16, 2015 Adopted Ordinance: May 30, 2015 In witness whereof, I have hereunto subscribed my name this 61— day of 2015. IV �, •tr a✓ ;M City Clerk y v_ City of Newport Beach, California � `%_I t- .=w�r (Seal) t