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Home My WebLink AboutMFR District Height Limits in Corona del Mar (PA2001-209)��CIRn� CITY OF NEWPORT BEACH Hearing Date: PLANNING DEPARTMENT Agenda Item No.: 3300 NEWPORT BOULEVARD Staff Person: .er NEWPORT BEACH, CA 92658 �4+FORM�r (949) 644-3200: FAX i (949) 644-3229 REPORT TO THE PLANNING COMMISSION SUBJECT- MFR District Height Limits in Corona del Mar Code Amendment No. 2002 -004 (PA 2001 -209) June 6, 2002 3 Patrick J. Alford (949) 644 -3235 SUMMARY: Amendment to Title 20 of the Newport Beach Municipal Code to place all Multiple Family Residential (MFR) District properties in Corona del Mar into the 24/28 Height Limitation Zone. ACTION: Conduct public hearing; adopt Resolution No. 2002 - recommending approval or modification of Code Amendment No. 2002 -004 to the City Council; or disapprove Code Amendment No. 2001 -004. Introduction Background On July 28, 1998, the City Council directed staff to initiate an amendment to lower the height limits for MFR District properties in Corona del Mar. The City Council suggested two options. The first would be to adopt the 24/28 Height Limitation Zone specified for R -1 (Single - Family Residential) District and R -2 (Two - Family Residential District properties. The second would be to enact the split height limit of the old R -3 District in effect from 1972 to 1990. This amendment was to be incorporated into general review of the property development regulations for the Corona del Mar area. However, since that project has been deferred, the height limits issue is being brought forward as a separate amendment. On January 3, 2002, the Planning Commission adopted a resolution of intent to place MFR District properties in Corona del Mar into the 24/28 Height Limitation Zone. MFR District Properties in CdM There are four groups of MFR District properties in Corona del Mar (see Exhibit 1). The first group consists of approximately 32 properties bounded by the south side of the 300 block of Bayside Drive, the west side of the 300 block of Fernleaf Avenue, the north side of the 2500 block of Seaview Avenue, and the west side of the 200 block of Carnation Avenue and one property on the south side of the 2500 block of Ocean Boulevard. The second group consists of 27 properties in the 300 block of Marguerite Avenue. The third group is the Sailhouse project (formally The Shores Apartments) on Sea Lane. The fourth is the Corolido project and adjacent properties off of the 400 block of Seaward Road in Corona Highlands. Current Height Limits The Chapter 20.65 (Height Limits) of the Zoning Code establishes 5 height limitation zones, which are generally assigned to property by zoning district. Each height limitation zone establishes a base height limit, which is permitted by right, and a maximum height limit, which can be approved through the adoption of a planned community district or specific plan, or through the approval of a use permit. All MFR District properties are in the 28/32 Height Limitation Zone (Section 20.65.040 (B)); the base height limit is 28 feet and the maximum height limit is 32 feet. The height of a structure is measured from the highest point to the grade' directly below. In determining the height of a sloped roof, the height is measured from the midpoint of the roof plane to the grade, provided that no part of the roof extends more than 5 feet above the permitted height in the height limitation zone. The Pr000sed Amendment The proposed amendment would revise Section 20.65.040 of Zoning Code. The 24/28 Height Limitation Zone (Section 20.65.040 (A) would be revised to include all MFR properties in Corona del Mar. Likewise, the 28/32 Height Limitation Zone (Section 20.65.040 (B) would be revised to exclude all MFR Properties in Corona del Mar. Analysis Section 20.65.010 of the Zoning Code states that the purpose of the height regulations is "to ensure that the unique character and scale of Newport Beach is preserved." This section also states "these regulations shall be reviewed and revised as necessary." The basic goal of the amendment is to insure that multi - family residential structures are exteriorly compatible with the adjacent single family and two- family structures. The maximum floor area limit ratio in Corona del Mar is the same in the R -1, R -2, and MFR Districts. Therefore, the issue is not one of the general scale and massing of buildings, but relates to the disparity in the height limits for the MFR District (28/32) and that of the adjacent R -1 and R -2 Districts (24/28). Specifically, it relates to differences in building relationships that can arise when the two different height limits are in close proximity to each other. ' For the purpose of measuring height, the grade is generally defined as the unaltered natural vertical location of the ground surface. CA 2001 -004 /PA 2001 -209 June 6, 2002 Page 2 of 4 The topographic situation is different on 200 block of Carnation Avenue. Carnation Avenue slopes to the southwest with R -2 development on the northwest side of the street and MFR development of on the southeast side. Lots opposite each other on Carnation are at essentially the same elevation (see Figure 4). However, the 50 -foot right -of -way of Carnation Avenue provides sufficient separation between the zoning districts to minimize the four -foot disparity between the two height limitation zones. There is a similar situation on the 300 block of Marguerite Avenue. This MFR District abuts R -2 District properties fronting on the 300 block of Larkspur Avenue and Marigold Avenue The MFR and R -2 properties are at essentially the same elevation and are separated only by 14 -foot wide alleys (see Figure 5). Nonconformity The height limit for multi - family residential properties was 35 -feet until 1972, when the height limitation zones were first adopted. The majority of the properties in the subject areas were constructed under the earlier 35 -foot height limits. However, a windshield survey of the subject areas indicates that most of the structures are at or below the 24 -foot and 28 foot height limits. Should the amendment be adopted, MFR District structures in excess of 24 -feet would become legal nonconforming structures. As nonconforming structures, ordinary maintenance and repair would be permitted; however, the provisions of Section 20.62.040 of the Zoning Code would restrict future structural alterations. Under Section 20.62.040 (B), interior alterations could not exceed 50 percent of the replacement cost of the nonconforming structure within any consecutive 12 -month period. Section 20.62.040 (C) allows alteration of up to 25 percent of the structural elements within any 12 -month period CA 2001 -004 /PA 2001 -209 June 6, 2002 Page 3 of 4 is permitted by right, up to 50 percent requires a modification permit, and up to 75 percent requires a use permit approved by the Planning Commission. Alteration of more than 75 percent of the structural elements is not permitted. Conclusion As stated above, the purpose of the height limitation zones is to preserve the character and scale of the community. The four -foot disparity between the MFR height limits and of the R -1/R -2 height limits does not appear to have had a significant impact on the visual character of the community. Separation by public rights -of -way and by the topography reduces the potential for abrupt changes in the height of residential structures in the subject areas, with the possible exception of the 300 block of Marguerite Avenue. In this area, the relatively level topography and the narrow alleys widths separating the R -2 and MFR Districts has the potential for conflicts between the two height limitation zones. Should the Planning Commission recommend approval of the proposed amendment, staff recommends that the 24/28 Height Limitation Zone be limited to the those MFR properties in 300 block of Marguerite Avenue. Submitted by: PATRICIA L. TEMPLE Planning Director ;114 IA ;I Exhibits 1. MFR District Properties in Corona del Mar. 2. Photographs. 3. Proposed code amendment text. 4. Proposed code amendment text (alternative). 5. Draft resolution. Prepared by: PATRICK J. ALFORD Senior Planner A — CA 2001 -004 /PA 2001.209 'June 6, 2002 Page 4 of 4 6 Exhibit ,��, ._�� _,; ;::.� '., . ",_ , ,4 :� - »�..�. �( 4 .J .... ...... ......... Figure 3 Figure 4 Exhibit 2 q Figure 5 Exhibit 2 9 Proposed Code Amendment No. 2002 -004 20.65.040 Height Limitation Zones In addition to the development standards established in the various districts, there shall be 5 height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the "Height Limitation Zones" map, incorporated herein and made a part hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in this chapter. 28132 Foot Height Limitation Zone. In the 28/32 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted planned community district, or through the adoption of a specific plan, or through the approval of a use C. 26135 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than R -1, R -1.5, R -2, MFR and OS Districts, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92 -3 and shown on the Height Limitation Zones map. D. 32/50 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts other than R -1, R -1.5, R -2, MFR and OS Districts which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. High Rise Height Limitation Zone. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. Exhibit 3 q Proposed Code Amendment No. 2002 -004 (Alternative) 20.65.040 Height Limitation Zones hi addition to the development standards established in the various districts, there shall be 5 height limitation zones within the City. The designations, locations, and boundaries of these height limitation zones shall be as shown on the "Height Limitation Zones" map, incorporated herein and made a part hereof by this reference. In each height limitation zone the maximum permitted height shall be measured in accordance with the definitions contained in this chapter. A. 24/28 Foot Height Limitation Zone. In the 24/28 Foot Height Limitation Zone the height limit for any structure shall be 24 feet; provided, however, that a structure may exceed 24 feet up to a maximum of 28 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all R -1, R -1.5, R -2, and OS Districts. B. 28/32 Foot Height Limitation Zone. In the 28132 Foot Height Limitation Zone the maximum height limit shall be 28 feet; provided, however, that structures may exceed 28 feet up to a maximum of 32 feet in an adopted planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all MFR Districts. C. 26/35 Foot Height Limitation Zone. In the 26/35 Foot Height Limitation Zone the height limit shall be 26 feet; provided, however, that a structure may exceed 26 feet up to a maximum of 35 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts, other than R -1, R -1.5, R -2, MFR and OS Districts, within the area known as the Shoreline Height Limitation Zone established by Ordinance 92 -3 and shown on the Height Limitation Zones map. D. 32150 Foot Height Limitation Zone. In the 32/50 Foot Height Limitation Zone the height limit for any structure shall be 32 feet; provided, however, that a structure may exceed 32 feet up to a maximum of 50 feet through the adoption of a planned community district, or through the adoption of a specific plan, or through the approval of a use permit. This height limitation zone shall apply to all zoning districts other than R -1, R -1.5, R -2, MFR and OS Districts which have boundaries not falling within the area above described as the Shoreline Height Limitation Zone, or within the High -Rise Height Limitation Zone. E. High Rise Height Limitation Zone. In the High Rise Height Limitation Zone the height limit for any structure shall not exceed 375 feet. Exhibit 4 1 0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE ADOPTION OF CODE AMENDMENT NO.2002- 004(PA 2001 -209) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The proposed code amendment is to Section 20.65.040 of Title 20 of the City of Newport Beach Municipal Code. The Planning Commission initiated this amendment on January 3, 2002. Section 2. A public hearing was held on June 6, 2002 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 Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: Corona del Mar has MFR, R -2, and R -1 Districts properties in close proximity to each other. 2. The base height limit for the MFR District is four feet higher than those for the R -1 and the R -2 Districts. 3. The disparity in the height limits causes MFR District structures to be exteriorly incompatible with adjacent R -1 and R -2 Districts. 4. MFR District properties in Corona del Mar should be placed into the 24/28 Height Limitation Zone to insure compatibility with adjacent R -1 and R -2 District properties. 5. The project has been reviewed and it has been determined that it is categorically exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of the California Environmental Quality Act. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council of the City of Newport Beach adopt Code Amendment No. 2002 -004 to revise Section 20.65.040 of Title 20 of the Newport Beach Municipal Code as provided in Exhibit A. Exhibit 5 \� City of Newport Beach Planning Commission Resolution No. Pam 2 of 2 PASSED, APPROVED AND ADOPTED THIS 6th DAY OF June, 2002. A" NOES: M Larry Tucker, Chairman BY: Earl McDaniel, Secretary Exhibit 5