HomeMy WebLinkAbout02_Zoning_Code_Update_PA2009-034CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 29, 2010
Agenda Item 2
SUBJECT: Zoning Code Update (PA2009 -034)
• Code Amendment No. 2009 -001
• Negative Declaration No. 2010 -005
PLANNERS: James Campbell, Principal Planner
(949) 644 -3210, icamgbell(a�newportbeachca.gov
Gregg Ramirez, Senior Planner
(949) 644 -3219, gramirez @newportbeachca.gov
Melinda Whelan, Assistant Planner
(949) 644 -3221, mwhelan @newportbeach.ca.gov
INTRODUCTION
On July 15, 2010, a motion of the Planning Commission to recommend to the City
Council adoption of the Negative Declaration and Zoning Code Update (as proposed to
be modified) failed by a vote of 3 ayes and 4 noes. The motion apparently failed
because of draft provisions that would retain floor area limits on one and two -unit
dwellings in Old Corona del Mar and on Balboa Island but replace the floor area limits in
the balance of the City with minimum - dimensioned open air space /building envelope
requirements as recommended by the General Plan /Local Coastal Program
Implementation Committee (GP /LCP Committee). The Commission was able to reach a
consensus with a majority straw vote on approximately 39 other issues that staff has
incorporated within a revised resolution recommending approval of the Zoning Code
Update. Staff has also prepared a separate resolution regarding the Negative
Declaration.
RECOMMENDATION
1) Conduct a public hearing, and
2) Adopt Resolution No. recommending City Council adoption of Negative
Declaration No. ND2010 -010 (Attachment PC -1).
3) Adopt Resolution No. recommending City Council adoption of Code
Amendment No. CA2009 -001 (Attachment PC -2).
Zoning Code Update
July 29; 2010
Page 2
DISCUSSION
One option to the zoning code proposal rejected on July 15th would be to eliminate the
proposed minimum - dimensioned open air space/building envelope concept and retain
the current floor area limit scheme and open space requirement. This option could
include a provision allowing basements limited to the buildable area (lot area less
required setbacks). Lastly, to implement General Plan Policy LU 5.1.5 (Attachment PC-
3), building modulation and architectural treatment guidelines would be adopted and
applicable Citywide.
The benefits of this suggested action are-
1 . one proven scheme throughout the R -1, R -2 and RBI zones.
2. no unintended consequences of a new regulatory approach.
3. would not cause structures to become nonconforming.
4. architectural modulation guidelines will allow flexibility of design and
implementation the General Plan without repetition of building forms driven by
numeric standards.
A resolution for adoption of the revised zoning would include the language changes
previously agreed to by the Planning Commission, and the following language changes
to reflect the Zoning Code option proposed above:
20. Pg. 4 -29, Eliminate draft Section 20.48.180.D entirely.
41. Add necessary provisions to enact existing floor area limits that are applicable to
R -1 and R -2 zones as currently defined and established.
42. Add a basement area limit such that finished basements shall be no larger in
area than the buildable area, as defined, and exclude basement area from floor
area limit standards.
43.Add the following open air space requirement that would apply to all R -1 zones
within Old Corona del Mar, West Newport, and the Balboa Peninsula and all R -2
zones citywide.
Open air space shall be provided in addition to the required setback areas and
shall be a minimum volume equal to the buildable width of the lot, times the basic
height limit, times 6 feet. This volume shall be provided anywhere on the lot
behind required setback lines and below the 24 feet from grade. The volume may
be provided on any level or combination of levels and may extend across the
entire structure of any portion thereof. The volume shall be open on at least 2
sides and shall have a minimum dimension in all directions of at least 6 feet,
except as indicated in this section, and may be used for outdoor living area.
Zoning Code Update
July 29, 2010
Page 3
Open air space volume with a dimension of less than 6 feet in any direction may
be used to satisfy the minimum volume requirement, provided that said volume is
contiguous to required open air space volume that provides a minimum 6 foot
dimension in all directions. Roofs, balconies, decks or patios with open railings,
cornices, exterior stairways with open risers and open railings, and architectural
features may project into open airspaces.
44.Add the following guideline that would be applicable to any new or renovated
single -unit or two -unit residential building.
Single -unit and two -unit residential buildings shall be designed to sustain a high
level of architectural design quality and shall provide modulation of building
masses, and architectural treatment of all elevations visible from public places.
SUMMARY
The proposed zoning code option would eliminate the proposed minimum - dimensioned
open air spacelbuilding envelope concept as previously recommended by the GP /LPC
Committee.
ALTERNATIVES
The Commission may modify the language of the option set forth above.
Prepared by:
James Campbell, Principai Planner
ATTACHMENTS
Submitted by:
David Lepo, Planning Director
PC -1 Draft resolution recommending City Council adoption of
Negative Declaration No. ND2010 -010
PC -2 Draft resolution recommending City Council adoption of the
Zoning Code Update (Code Amendment No. CA2009 -001)
PC -3 Excerpt of the General Plan, Land Use Element — Policy LU 5.1.5
ATTACHMENT PC -1
Resolution Recommending Adoption
Negative Declaration
RESOLUTION NO. 2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF NEGATIVE DECLARATION NO. 2010 -005 FOR
THE COMPREHENSIVE UPDATE OF THE NEWPORT BEACH
ZONING CODE (PA2009 -034)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006,
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
2. Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan
Update was considered to be a "major amendment" due to the resulting increases in
density, intensity and traffic. Consistent with City Charter Section 423, the General
Plan Update was placed on the ballot for the November 7, 2007, General Election. The
electorate approved the increases associated with the General Plan Update.
3. Chapter 13 of the General Plan contains the City's implementation program to carry out
the goals and policies of the General Plan. Implementation Program 2.1 calls for a review
and amendment of the City's Zoning Code for consistency with the General Plan.
4. City staff has prepared a comprehensive amendment of the Zoning Code ( "Zoning
Code Update "), which includes new zoning districts, new use classifications, updated
and revised definitions, new and amended development standards, updated Zoning
Maps, and modified administrative procedures. The Zoning Code Update is a
complete re -write of the City's current zoning regulations. The Zoning Code Update
and the proposed zoning districts and regulations reflect the land use designations and
policies established by the Land Use Element included in the General Plan Update.
5. Chapter 20.94 of the City's Zoning Code requires the Planning Commission to hold at
least one public hearing before making a recommendation on any proposed zoning code
amendment to the City Council.
6. The Planning Commission considered the proposed Zoning Code Update including an
Initial Study and Negative Declaration and received public testimony during a series of
public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July
15, 2010, and July 29, 2010, that were duly noticed as required by California
Government Code Section 65091.
7
Planning Commission Resolution No.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report (SCH# 2006011119, General Plan 2006 Update) was
prepared for the General Plan Update. The General Plan Update Program
Environmental Impact Report (EIR) was certified by the City Council on July 25, 2006,
as being prepared in compliance with the Environmental Quality Act (CEQA), the State
CEQA Guidelines, and City Council Policy K -3. The General Plan Update EIR is a
program EIR pursuant to California Code of Regulations, Title 14, Chapter 3, Section
15168.
2. The City prepared an initial study for the proposed Zoning Code Update in compliance
with the California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and City Council Policy K -3 for the purpose of determining if the potential effects of
Zoning Code Update were adequately examined within the General Plan Update
Program EIR.
3. Based upon the initial study prepared for the Zoning Code Update and pursuant to
State CEQA Guidelines, Sections 15168 and 15162, the proposed Zoning Code
Update is within the scope of activities and impacts identified within the General Plan
2006 Update Program EIR, with the exception of forest resources and greenhouse gas
emissions, and that no new effects or new mitigation measures are necessary.
4. Based upon the initial study, adoption of the Zoning Code Update will have no impact
to forest resources given that there are no forest resources within the City of Newport
Beach and there will be a less than significant impact upon greenhouse gasses. The
City has prepared a draft Negative Declaration in accordance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council
Policy K -3. The draft Negative Declaration is available for a 30 -day comment period
that began on June, 21, 2010, and will end on July 20, 2010. The initial study and draft
Negative Declaration were considered by the Planning Commission.
SECTION 3. FINDINGS.
1. The draft Zoning Code Update dated May 2010, including the recommended changes
to the draft Zoning Code Update included within the Planning Commission's
recommendation to the City Council for inclusion within the draft Zoning Code Update,
is consistent with the 2006 General Plan Update.
2. Adoption of the draft Zoning Code Update including the recommended changes to the
draft Zoning Code Update will not create any new significant impacts that were not
identified within the General Plan Update Program EIR.
3. Adoption of the draft Zoning Code Update including the recommended changes to the
draft Zoning Code Update will have no impact to forest resources and there will be a
less than significant impact upon greenhouse gasses.
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Planning Commission Resolution No.
NOW THEREFORE. BE IT RESOLVED:
e3of4
The Planning Commission hereby recommends that the City Council of the City of Newport
Beach make the necessary findings in accordance with the California Environmental Quality
Act and adopt Negative Declaration No. ND2010 -005 as shown in Exhibit "A ".
PASSED, APPROVED AND ADOPTED THIS 29th DAY OF JULY, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Earl McDaniel, Chairman
I:l'i
Michael Toerge, Secretary
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Planning Commission Resolution No.
Page 4 of 4
Exhibit "A°
Negative Declaration /Initial Study
(Available separate due to bulk)
Tmpl!: 04/14110 /D
ATTACHMENT PC -2
Resolution Recommending Adoption
Zoning Code Update
RESOLUTION NO. 2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF NEGATIVE DECLARATION NO. 2010 -005 AND
ZONING CODE AMENDMENT NO. CA2009 -001 TO UPDATE
THE CITY OF NEWPORT BEACH ZONING CODE (PA2009 -034)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Newport Beach City Council adopted Resolution No. 2006 -76 on July 25, 2006,
approving a comprehensive update to the Newport Beach General Plan ( "General
Plan Update ").
2. Pursuant to City Charter Section 423 and the Measure S Guidelines, the General Plan
Update was considered to be a "major amendment" due to the resulting increases in
density, intensity and traffic. Consistent with City Charter Section 423, the General
Plan Update was placed on the ballot for the November 7, 2007, General Election. The
electorate approved the increases associated with the General Plan Update.
3. Chapter 13 of the General Plan contains the City's implementation program to carry out
the goals and policies of the General Plan. Implementation Program 2.1 calls for a review
and amendment of the City's Zoning Code for consistency with the General Plan.
4. City staff has prepared a comprehensive amendment of the Zoning Code ( "Zoning
Code Update "), which includes new zoning districts, new use classifications, updated
and revised definitions, new and amended development standards, updated Zoning
Maps, and modified administrative procedures. The Zoning Code Update is a
complete re -write of the City's current zoning regulations. The Zoning Code Update
and the proposed zoning districts and regulations reflect the land use designations and
policies established by the Land Use Element included in the General Plan Update.
5. Chapter 20.94 of the City's Zoning Code requires the Planning Commission to hold at
least one public hearing before making a recommendation on any proposed zoning code
amendment to the City Council.
6. The Planning Commission considered the proposed Zoning Code Update including an
Initial Study and Negative Declaration and received public testimony during a series of
public hearings held on June 3, 2010, June 15, 2010, June 17, 2010, June 24, 2010, July
15, 2010, and July 29, 2010 that were duly noticed as required by California Government
Code Section 65091.
13
Planning Commission Resolution No.
SECTION 2. FINDINGS.
2 of 8
1. The General Plan Update, approved by voters in 2006, reflects the community's vision
for Newport Beach, and provides policies for realizing this vision. The zoning code is
an important tool for implementing land use related policies of the Newport Beach
General Plan.
2. The draft Zoning Code Update, including the recommended changes within Exhibit
"B ", is consistent with the General Plan Update and adoption of the proposed Zoning
Code Update will not create any new significant impacts that were not identified within
the General Plan Update Program EIR.
3. Adoption of the draft Zoning Code Update including the recommended changes to the
draft Zoning Code Update will have no impact to forest resources and there will be a
less than significant impact upon greenhouse gasses.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission hereby recommends that the City Council of the City of Newport
Beach approve Zoning Code Amendment No. 2009 -001 as shown in Exhibit "A ", and the
recommended text and map revisions /changes as shown in Exhibit "B ".
PASSED. APPROVED AND ADOPTED THIS 29th DAY OF JULY. 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Earl McDaniel, Chairman
ta
Michael Toerge, Secretary
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Planning Commission Resolution No.
Page 3 of 8
Exhibit "A"
Draft Zoning Code — May 2010
(Available separate due to bulk)
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Planning Commission Resolution No.
Page 4 of 8
Exhibit °B"
Planning Commission Recommended Changes to the
Draft Zoning Code dated May 2010
(Includes Maps C1 -C4)
1. Pg. 1 -3, Section 20.10.040.A — revised to read as follows: "A. Compliance required. No
structure shall be altered, erected, or reconstructed in any manner, nor shall an
structure or land be used for anv purpose, other than as allowed by this Zoning Code.
The City Council may exempt specific City implemented projects based on certain
findings and by upon setting forth which Code provisions the projects are subject to.
Fen a that the City Ge e'I inelude in its approval emented na- project -a
statement that the n not is exempt frem n of the Zen'n., QGde n Fs nt to
statement
S2r,finn PO 1-9- 040- a "„ r.,.+ 44g-G-Ode- pF9visiE)Rs wit k116��t
does - nat- c-ompiy-
2. Pg. 2 -4, Section 20.16.030 — add reference to Zoning Clearance section (20.52.100)
and Site Development Review (20.52.080).
3. Pg. 2 -12, Section 20.18.030, Table 2 -3 — revise the minimum lot size in the R -BI zoning
district from 5,000 square feet to 2,375 square feet.
4. Pg. 2 -12, Section 20.18.030, Table 2 -3 - under Floor Area Limit for R -BI add footnote
similar to (4) on pg. 2 -16 explaining floor area limit and buildable area; also add a similar
footnote for Corona Del Mar (as depicted on Area Map A -4) if the City re ,nn'I agrees
wit# #e-r- ecemflaenda .
5. Pg. 2 -21, Section 20.20.20, Table 2 -4 - Convalescent Facility (Land Use): Prohibit in OG
zoning district (p. 2 -21).
6. Pg 2 -21, Section 20.20.020 - add Emergency Shelters permitted by right to OA zoning
district under service uses.
7. Page 2 -21, Table 2-4 and other applicable tables - for consistency change all references
to "Emergency Health Facilities" to "Emergency Health Facilities /Urgent Care ".
8. Page 2 -22, Table 2 -4 - add "lounge" to "smoking" under Service Uses — General.
9. Pg. 2 -34, Section 20.22.020, Table 2 -8 Marine Support Facilities — add they are
permitted with an MUP in the MU -MM and MU -CV zoning districts.
10. Pg. 2 -57, Section 20.28.040 (Bluff Overlay District) - delete all references to Canyon
Overlay District.
11. Pg. 2 -59, Section 20.28.040D.4.a.1. — revise the limit of Area A to be the 50 -foot contour
line rather that the 35- foot contour line.
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Planning Commission Resolution No.
Page 5 of 8
12. Pg. 2 -61, Section 20.28.040 D 4 - revise as follows to be consistent with Bluff Overlay
Map B -6:
"(2) Development Area B. Between the 48 -foot contour line and the 33 -foot contour
line.'
(3) Development Area C. All portions of the lot not located in Area A or B.
(4) Additional Development standards. No fences or walls in Area C."
13. Pg, 3 -8, Section 20.30.040 C - add 'A" to allow residential uses adjacent to commercial
uses or commercial alleys to have the ability to have walls /hedges up to 8' in height in
required side yards for buffering and/or sound attenuation.
14. Pg. 3 -14, Section20.30.060B.4. - delete entire section (setback plane requirement).
15. Pg. 4 -7 Section 20.48.030 C.3. - add "e ", an additional item for consideration, indicating
that the proposed amendment will be reviewed to determine if it will resolve any current
objectionable conditions.
16. Pg. 4 -7, Section 20.48.030 CA.d. - strike "lapse" and insert "expire"
17. Pg. 4 -16, Section 20.48.090 D. - indicate that this section applies to all Eating and
Drinking, including Late Hours.
18. Pg. 4 -17, Section20.48.090 F.2 - in the first sentence add "including bars, lounges and
nightclubs ".
19. Pg, 4 -22, Section 20.48.130 E - revise reference to "Chapter 10" to reference "Title 10
of the Municipal Code, as may be amended form time to time ".
20. Pg. 4 -29 Eliminate draft Section 20.48.180.D entire V.P-g� , �eet;a„ 20.484-89
exempt- Gorena -del Mar- as- aaapped- or- A-re�p "fir- Gepena ciel Mar -as- mapped
e G - - G - - - - d--add open -
L. E O C O- -C. G OG- O E
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21. Pg. 4 -35, Section 20.48.210 - add entry for fuel tank vents and require that they be
located at the rear of the property or other inconspicuous location and screened from
public view.
22. Pg. 5 -21, Section 20.52.050 B.1.a - delete "solar equipment ".
23. Pg. 5 -33, Section 20.52.080, Table 5 -2 - delete reference to Canyon Overlay District.
24. Section 20.70.020 - Add the following two definitions:
Tmplt 04114/10 ��
Planning Commission Resolution No.
Page 6 of 8
Supportive Housing. Housing with no limit on length of stay, that is occupied by the
target population, as defined by Section 53260(d) of the California Health and Safety
Code, and that is linked to onsite or offsite services that assist the tenant to retain the
housing, improve his or her health status, maximize their ability to live and, when
possible, to work in the community. Supportive housing that is provided in "Single -, Two-
, or Multi - Family Dwelling Units ", "Group Residential', "Parolee- Probationer Home ",
"Residential Care Facilities ", or "Boarding House" uses shall be permitted, conditionally
permitted or prohibited in the same manner as the other "Single -, Two- or Multi - Family
Dwelling Units ", "Group Residential', "Parolee- Probationer Home ", "Residential Care
Facilities ", or "Boarding House" uses under this Code.
Transitional Housing. Rental housing operating under program requirements that call
for the termination of assistance and recirculation of the assisted unit to another eligible
program recipient program at some predetermined future point in time, which shall be no
less than six months. Transitional housing that is provided in "Single -, Two -or Multi -
Family Dwelling Units ", "Group Residential', "Parolee- Probationer Home ", "Residential
Care Facilities ", or "Boarding House" uses shall be permitted, conditionally permitted or
prohibited in the same manner as the other "Single -, Two -, or Multi - Family Dwelling
Units ", "Group Residential', "Parolee- Probationer Home ", "Residential Care Facilities ",
or "Boarding House" uses under this Code.
25. Pg. 7 -14, Section 20.70.020, Congregate Care Home (Land Use) - Identify as a `land
use ". Add to use tables as allowed with a MUP or CUP in the PI zoning district (pg. 2 -53,
Table 2 -14).
26. Pg. 7 -22, Section 20.70.020, "Floor Area Ratio definition" — add reference to "Lot Area"
definition found on pg. 7 -30.
27. Pg, 7 -43, Section 20.70.020 "Review Authority" definition - Add "City Traffic Engineer"
and "Public Works Director" to the list of review authorities within the second sentence.
28. Pg. 3 -63, Section 20.38.040D. Nonconforming Structures — Foundation Alterations.
Revise subsection to allow foundation modification, retrofitting and replacement, when
necessary and in conjunction with additions allowed pursuant to subsections
20.38.040G and 20.38.060A of the Nonconforming Uses and Structures Chapter.
29. Tables 2 -2 and 2 -3 Section 20.18.030. Revise footnote (2) as follows:
"Lots may be subdivided so that the resulting lot area and dimensions for each new lot
are less than that identified in Table 2 -2 in compliance with the provisions of Municipal
Code Title 19 (Subdivisions). The minimum lot size shall not be less than the original
underlying lots on the same block face and in the same zoning district. Lot width and
length may vary according to the width and depth of the original underlying lots. New
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA)."
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Planning Commission Resolution No.
I►lWO -1
30. Revise Zoning Map. Change the zoning district from PC -25 to Public Facilities for the
Newport-Mesa School District Site. (Map C -1)
31. Revise Setback Map S-1 OA Corona del Mar. Add call -out to map in order to clarify front
setbacks on Pacific Drive. (Map C -2)
32. Add Setback Map S -11D Harbor View Hills /Spyglass. Additional map is needed to depict
appropriate front and rear setbacks. (Map C -3)
33. Add Setback Map S -14 Granville Drive. Additional map is needed to depict setbacks
along Granville Drive. (Map C -4)
34 Pg 4 -21 Section 20.748.130.H is revised to read as follows: "H. Notification to
owners and tenants Project applicants shall prepare a written disclosure statement prior
to sale lease or rental of a residential unit in a mixed use project or located within a
mixed use zoning district The disclosure statement shall indicate that the occupants will
be living in an urban type of environment and that the noise odor, and outdoor activity
levels may be higher than a typical suburban residential area The disclosure statement
shall include a written description of the potential impacts to residents of both the
existing environment and potential impacts based upon the allowed uses in the zoning
district Each and every buyer, lessee or renter shall sign the statement acknowledging
that they have received read and understand the disclosure statement. The Proiect
applicant shall covenant to include within all deeds leases or contracts conveying any
interest in a residential unit in a mixed use project or located within a mixed use zoning
district (1) the disclosure and notification requirement stated herein: (2) an
acknowledgment by all grantees or lessees that the property is located within an urban
tyre of environment and that the noise odor, and outdoor activity levels may be higher
than a typical suburban residential area and (3) acknowledgment that the covenant is
binding for the benefit and in favor of the City of Newport Beach."
35 Pg 2 -20 Table 2 -4 add a footnote to Assembly /Meeting Facilities (Less than 5,000 sq.
ft) to read "Religious assembly may be larger than 5,000 sq. ft" Pg. 2 -23 Table 2 -5
strike "(above 1St floor only)" from Assembly /Meeting Facilities. Pg. 2 -32, Table 2 -8.
strike "- located only above 1s' floor" from Assembly /Meeting Facilities. Pg. 2 -36, Table
2 -9 add a footnote to Assembly /Meeting Facilities Small - 5,000 sq. ft. or less" to read,
"Religious assembly may be larger than 5,000 sq. ft. ".
36 Pg. 4 -29 Section 20 48 180 C.2. to be amended as follows "Location of third floor
structure Enclosed square footage located on the third floor o� above - 24- feet ia heia#t
shall be set back a minimum of 15 feet from the front and rear setback lines and for lots
greater than 30' wide a minimum of 2 feet from each side setback line including bay
windows."
37 Pg. 3 -15 Section 20 30 060 C 2 c and Section 20.30.060 C.2.d insert, "and mixed -use
structures" in the title and first sentence after the word "nonresidential ".
38 Page 3 -16 Section 20 30 060 C 3 a insert "but not limited to" after the words.
"Examples of proiect amenities include ".
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Planning Commission Resolution No.
Page 8 of 8
39. Pg. 7-118. Definition of Dwelling Unit. Senior Accessory change. "60 years of age" to "55
years of age ".
40_ Pg. 3 -78, Table 3 -10 Off - Street Parking Requirements. Offices — Business, Corporate,
General, Governmental: change "Up to 50,000 sq. ft. to "First 50,000 sq. ft. ": change
"50,001 to 125,000 sq. ft." to "Next 75,000 sq. ft. change "125.001 sq. ft. and greater'
to "Floor area above 125.000 sq, ft." 41. Add necessary provisions to enact existing
floor area limits that are applicable to R -1 and R -2 zones as currently defined and
established.
42. Add a basement area limit such that finished basements shall be no larger in area than
the buildable area, as defined, and exclude basement area from floor area limit
standards.
43. Add the following open air space requirement that would apply to all R -1 zones within
Old Corona del Mar, West Newport, and the Balboa Peninsula and all R -2 zones
citywide.
Open air space shall be provided in addition to the required setback areas and shall be
a minimum volume equal to the buildable width of the lot, times the basic height limit,
times 6 feet. This volume shall be provided anywhere on the lot behind required setback
lines and below the 24 feet from grade. The volume may be provided on any level or
combination of levels and may extend across the entire structure of any portion thereof.
The volume shall be open on at least 2 sides and shall have a minimum dimension in all
directions of at least 6 feet, except as indicated in this section, and may be used for
outdoor living area. Open air space volume with a dimension of less than 6 feet in any
direction may be used to satisfy the minimum volume requirement, provided that said
volume is contiguous to required open airspace volume that provides a minimum 6 foot
dimension in all directions. Roofs. balconies. decks or patios with open railings.
cornices, exterior stairways with open risers and open railings, and architectural features
may project into open air spaces.
44. Add the following guideline that would be applicable to any new or renovated single -unit
or two -unit residential building.
Single -unit and two -unit residential buildings shall be desiqned to sustain a high level of
architectural_desian quality and shall provide modulation of building masses, and
architectural treatment of all elevations visible from public places.
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ATTACHMENT PC -3
General Plan Policy LU 5.1.5
G �
Land Use Element
SINGLE- FAMILY DETACHED AND TWO -UNIT NEIGHBORHOODS
LU 5.1.5 Character and Quality of Single- Family Residential Dwellings
Require that residential units be designed to sustain the high level of
architectural design quality that characterizes Newport Beach's neighborhoods
in consideration of the following principles:
Articulation and modulation of building masses and elevations to avoid the
appearance of "box- like" buildings
Compatibility with neighborhood development in density, scale, and street
facing elevations
Architectural treatment of all elevations visible from public places
Entries and windows on street facing elevations to visually "open" the house to
the neighborhood
Orientation to desirable sunlight and views (Imp 2.1)
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Illustrates articulation of single-family residers sal building volume, variation of roofknes, street orientation, well - defined
entries, landscaping, parkways, and minimization of driveway paving.
LU 5.1.6 Character and Quality of Residential Properties
Require that residential front setbacks and other areas visible from the public
street be attractively landscaped, trash containers enclosed, and driveway and
parking paving minimized. (Imp 2.1)
LU 5.1.7 Renovation and Replacement of Existing Residential Units
Require that residential units that are renovated and rebuilt in existing single -
family neighborhoods adhere to the principles for new developments, as
specified by Policy 5.1.5 above. Consider the appropriateness of establishing
single - family residential design guidelines and /or standards and review
procedures for neighborhoods impacted by significant changes in building scale
and character. (Imp 2.1, 8.2)
LU 5.1.8 Parking Adequacy
Require that new and renovated single - family residences incorporate adequate
enclosed parking in consideration of its number of bedrooms. (Imp 2.1)
U" Newport Beach General Plan
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