HomeMy WebLinkAbout2007-3 - Establishing Design Criteria for Single and Two Unit Residential DevelopmentORDINANCE NO. 2007-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ESTABLISHING DESIGN
CRITERIA FOR SINGLE AND TWO -UNIT RESIDENTIAL
DEVELOPMENT
WHEREAS, the Newport Beach City Council adopted Resolution No. 2006 -76 on
July 25, 2006, approving a comprehensive update to the Newport Beach General Plan;
and
WHEREAS, pursuant to Charter Section 423 and the Measure S Guidelines, the
comprehensive General Plan Update was placed on the ballot and approved by the
electorate at the General Election of November 7, 2007; and
WHEREAS, Section 10 of Resolution No. 2006 -76 directs the Planning
Department to begin the preparation of revised zoning and other ordinances necessary
to implement the new General Plan, accepting that applications will .be made before the
implementing ordinances are in place; and
WHEREAS, Section 11 of Resolution No. 2006 -76 declares the General Plan the .
officially adopted policy for the growth, land use, development and protection of
Newport Beach such that if if is in conflict with any other City ordinance or action the
General Plan shall take precedence; and
WHEREAS, the City Council desires to provide a method and procedures for the
earliest possible implementation of the General Plan during the interim period while the
Zoning Code and other ordinances and regulations are being updated for consistency
with the: General Plan; and
WHEREAS, the City'Council on January 13, 2007, held a noticed public hearing
meeting regarding this Ordinance; and
WHEREAS, it has been determined that the proposed action is exempt from the
requirements of the California Environmental Quality Act (CEQA) since the act applies
only to projects which have the potential for causing a significant effect on the
environment (Section 15061(3) of the CEQA Guidelines).
THE CITY COUNCIL OF. THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN'.
AS FOLLOWS:
SECTION 1: This Ordinance applies to single and two -unit residential projects
submitted for plan check on or after April 1, 2007.
1
SECTION 2: Single and Two -Unit residential developments consisting of four (4)
or fewer dwelling units shall be subject to the following:
A. Purpose. To implement applicable design policies in the General
Plan Land Use Element until the comprehensive re -write of Newport Beach
Municipal Code Title 20, Zoning is complete.
B. Applicability. These regulations apply to all single and two -unit
developments of four (4) or fewer parcels or dwellings, and additions thereto.
Review of projects under this ordinance is ministerial and shall occur
concurrently with the review of plans for building permit issuance.
C. Applicability Exception. Single and two -unit developments of four
or fewer parcels or dwellings that are subject to a Homeowner's Association
design review process are exempt from the provisions of this Ordinance.
D. . Criteria. The following criteria shall be used in determining a
project's consistency with the purpose of this Ordinance and with the General
Plan.
1. Long unarticulated exterior walls are discouraged on all structures.
Massing offsets, varied textures, openings, recesses, and design
accents on building walls should be used to enhance the
architecture. Front facades shall include windows.
2. Portions of upper floors should be set back in order to scale down .
facades that face the street, common open space, and adjacent
residential structures. Upper story setbacks are recommended
either as full length "stepbacks" or partial indentations for upper
story balconies, decks, and /or aesthetic setbacks.
3. Architectural treatment of all elevations visible from public places,
including alleys, is encouraged. Treatments may include window
.. treatments, cornices, siding, eaves, and other architectural
features.
4. Where the neighborhood pattern is for the primary entrance to face
the street, the primary entry and windows should be the dominant
elements of the front facade.: Primary entrances should face the
street with a clear, connecting path to the public sidewalk or street.
Alternatively, entry elements may be visible from the street without
the door necessarily facing the.street.
5. The main dwelling entrance should be clearly articulated through
the use of architectural detailing.
2
6. Impervious surfaces in front yards should not exceed 50% of the
front yard area with the remaining area landscaped. The use of
hardscape for walkways, porches and outdoor living areas is
permitted. Where a neighborhood pattern of front yards being
completely developed with hardscaped outdoor living areas exists,
the 50% minimum shall not apply. Under no circumstances shall
hardscaped areas, other than driveways, be used for parking of
vehicles.
7. Site planning should follow the basic principle of designing
development to fit the features of the site rather that altering the site
to fit the design of the development. Whenever possible, natural
features such as cliffs, canyons, bluffs, significant rock
outcroppings, natural vegetation should avoided or the extent of
alteration minimized whenever possible. Adequate buffers should
be provided to protect significant or rare biological resources.
8. Trash constrainer storage shall be out of view from public places,
and may not be located in required parking areas.
9. Driveways visible from public right -of -way shall be no larger than
required to access size of garage as follows:
• One Car Garage: 10 Feet
• Two Car Garage: 20 Feet
• Three Car Garage: 25 Feet
• Four Car garage: 32 feet.
D. Appeals. Staffs determination of compliance may be appealed to
the Planning Commission in accordance with Chapter 20.95 of the Municipal
Code.
SECTION 3: 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-three (33) days (April 1, 2007) after
the date of its adoption.
3
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on February 13, 2007 and approved on February 27, 2007,
by the following vote, to wit:
AYES; Henn, Curry, Selich,. Webb, Daigle, Gardner,
Mayor Rosans4
NOES; None
ABSENT; None
4
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2007 -3 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 27th
day of February 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of February 2007.
,,11i
� � U z22 �
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -3 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 daily
newspaper of general circulation on the following date, to wit: March 3, 2007.
In witness whereof, I have hereunto subscribed my name this day of
2007. !�v
e
City Clerk
City of Newport Beach, California