HomeMy WebLinkAbout5b_Attachment 2_Overlay Zoning DistrictsCommunity Development Department
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
Memorandum
To: Chair Tucker and Housing Element Update Advisory Committee Members
From: Benjamin M. Zdeba, AICP, Senior Planner
Date: March 12, 2021
Re: Housing Overlay Zoning Samples
________________________________________________________________
Staff reached out to the Department of Housing and Community Development
(HCD) for samples of overlays from cities that would serve as models for housing
overlays. In response, Concord and Menlo Park were mentioned as notable.
City of Concord – Affordable Housing Overlay
Intended to encourage the production of affordable housing units for new
development projects within existing residential zoning districts. Appears to focus
on inclusionary requirements of 10% moderate-income units or 6% low-income
units for ownership units, and 10% low-income units or 6% very-low-income units
for rental units. An in-lieu fee may be paid instead. Development incentives are
offered by way of a density bonus and modifications of zoning or development
standards. As a note, this example may not be as pertinent for our purposes given
that it applies to properties that are currently zoned for residential. This Overlay is
viewable at the following link:
https://www.codepublishing.com/CA/Concord/html/Concord18/Concord18185.ht
ml
City of Menlo Park – Affordable Housing Overlay
Intended to encourage the production of affordable housing units for new
development projects within the Menlo Park El Camino Real and Downtown
specific plan area, as well as certain residentially zoned properties. Appears to
generally require new residential projects that would like to take advantage of the
overlay provisions to provide a minimum of 21% low-income units or 12% very-
low-income units. Offers a density bonus and other incentives, such as floor area
and height increases, parking requirement reductions, lessened setback
requirements, and fee waivers. This entire Overlay is viewable at the following link:
https://www.codepublishing.com/CA/MenloPark/html/MenloPark16/MenloPark16
98.html
Housing Element Update Advisory Committee - March 17, 2021 Item No. V(b) - Attachment 2 Overlay Zoning Districts
Housing Overlay Zoning Samples
HEUAC Memo 03/12/2021
Page 2 of 2, BMZ
Tmplt:-02/05/15
Other Samples
In addition to the samples offered by HCD, City staff also found a recent overlay
adopted by the City of Huntington Beach within the Beach-Edinger Corridor
Specific Plan (SP 14). That Overlay is viewable at the following link:
https://www.huntingtonbeachca.gov/government/departments/planning/major/file
s/Amended-Beach-EdingerCSP_2019.pdf
The sites that are in the overlay on the map on pages 10 and 11. The text
describing the Inclusionary requirements and affordable housing overlay is on
page 30. It appears this was adopted to regain HCD compliance for the 5th Cycle
Housing Element in February of 2020.
On page 10, it establishes Maximum Amount of Net New Development (MAND),
which is equivalent to a development limit for the area. When the MAND is
reached, no further development is allowed, with an exception offered in Section
2.2.4 Affordable Housing Overlay (pg. 30). The Overlay also allows “by-right”
housing for projects that include at least 20% affordable units.
Three additional notable samples are the City of Brisbane, the City of Capitola,
and the City of San Dimas, which also have established affordable housing
overlay districts. The adopted documents for those overlays are linked below, for
Brisbane, Capitola and San Dimas, respectively:
https://library.municode.com/ca/brisbane/ordinances/code_of_ordinances?nodeI
d=875841
https://www.codepublishing.com/CA/Capitola/html/Capitola17/Capitola1720.html
http://qcode.us/codes/sandimas/view.php?topic=18-18_40
As a note, all samples provided in this memorandum are for discussion purposes
only and are not necessarily suggested as viable options. While they may serve
as a good place to start, creating any similar district in Newport Beach would
require intensive discussion and analyses to understand the effectiveness and
implications.
Housing Element Update Advisory Committee - March 17, 2021 Item No. V(b) - Attachment 2 Overlay Zoning Districts