HomeMy WebLinkAbout3.0_Mixed-Use Code Amendment_PA2013-020CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
March 21, 2013 Meeting
Agenda Item 3
SUBJECT: Mixed -Use Code Amendment (PA2013 -020)
Code Amendment CA2013 -001
APPLICANT: City of Newport Beach
PLANNER: Patrick J. Alford, Planning Manager
(949) 644 -3235, palford(a)newportbeachca.gov
PROJECT SUMMARY
An amendment to the Zoning Code (Title 20) that would modify the minimum lot
area /density standard for MU -V (Mixed -Use Vertical), MU -CV /15th Street (Mixed -Use
Cannery Village and 15th Street) and MU -W2 (Mixed -Use Water) Zoning Districts.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. _ (Attachment PC 1) recommending City Council approval
of Code Amendment CA2013 -001.
DISCUSSION
Background
The City Council initiated the amendment on February 12, 2013, at staff's request. Staff
has reviewed a number of proposed mixed -use projects that are unable to meet the
minimum residential density development standard; therefore, these projects are unable
to be considered further.
Introduction
The update of the General Plan in 2006 included several new mixed -use land use
categories. These land use categories were implemented in the Zoning Code by
establishing mixed -use zoning districts. These mixed -use districts include a minimum
residential density development standard, which is intended to provide a sufficient
population to support a viable mixed -use community. The minimum land area /density
standard for each mixed -use zoning district is provided in Table 1.
Mixed -Use Code Amendment
March 21, 2013
Page 2
TABLE 1
Zoning District
Densit
Min Lot Area (sf)
Required Per Unit
Max Lot Area (sf)
Required Per Unit
Mixed -Use Vertical
MU-V
2,167
1,631
Mixed -Use Mariner's Mile
MU -MM
2,167
1,631
Mixed -Use DoverNVestcliff
MU -DW
2,167
1,631
Mixed -Use CV/15 Street
MU -CV /15 St
2,167
1,631
Mixed -Use Water 1
MU -W1
7,260
Mixed -Use Water 2
MU -W2
2,167
1,631
Staff has reviewed a number of proposed mixed -use projects that are unable to meet
the minimum residential density development standard. This problem occurs on small
to medium -sized sites on the Balboa Peninsula. In many cases, these sites cannot
accommodate on -site parking for both the minimum number of residential units and the
minimum amount of non - residential floor area. The factors vary, but constraints include
lot size and configuration, conversion of existing buildings, and inability to provide a
parking structure due to cost, lot shape, or shallow water table.
Attachment PC 2 provides two examples of recently proposed mixed -use projects are
having difficulty meeting the minimum residential density. Attachment PC 2 also
provides two examples of mixed -use projects that were approved prior adoption of the
Zoning Code, but could not be approved today because they do not meet the minimum
residential density standard.
Proposed Amendment
The proposed amendment would allow the decision - making body' for a site
development review for a mixed -use project to modify or waive the minimum lot
area /density standard for the MU -V, MU -CV /15th St, and MU -W2) Zoning Districts. This
would be accomplished by adding appropriate notes to the Tables 2 -10 and Table 2 -11
of Section 20.22.030 of the Zoning Code.
The proposed changes to these sections are provided in Exhibit A of the draft resolution
(Attachment PC 1).
Analysis
All mixed use projects require the approval of a site development review. The proposed
amendment would allow an applicant to propose a modification or wavier of the
Mixed -use projects of 1 to 4 dwelling units and nonresidential construction of up to a maximum of 9,999
square feet of gross floor area are decided by the Zoning Administrator. Mixed -use projects of 5 or more
dwelling units and /or nonresidential construction of 10,000 square feet or more of gross floor area are
decided by the Planning Commission.
Mixed -Use Code Amendment
March 21, 2013
Page 3
minimum lot area /density standard without the necessity of applying for an additional
application. The Zoning Administrator or the Planning Commission, as the case may
be, would consider the modification or waiver of the minimum lot area /density standard
along with other aspects of the project.
The proposed amendment would not apply to the MU -DW, MU -MM, and MU -W1 Zoning
Districts. The MU -DW Zoning District applies to properties located in the Dover
Drive/Westcliff Drive area. There properties are generally more than an acre in size and
not subject to same constraints as mixed -use properties on the Balboa Peninsula.
The MU -MM and MU -W1 Zoning Districts include the inland and waterfront properties,
respectfully, of the Mariners Mile Corridor. The General Plan vision for the inland
properties is for a mixed -use neighborhood village that would also serve the upland
residential neighborhoods. However, unlike the Balboa Peninsula, this area does not
have an existing residential population and the adjacent upland neighborhoods have
low residential densities. Therefore, maintaining the minimum density is more critical in
providing a sufficient population to support the mixed -use neighborhood village
envisioned by the General Plan.
The MU -W1 Zoning District has a different minimum lot area /density standard (7,260
square feet) than the other mixed -use zoning districts. This implements General Plan
polices that establish a density of 12 units per acre, with the number of units calculated
based on a maximum of 50 percent of the property. This is consistent with the General
Plan vision of a mix of visitor - serving retail and marine - related businesses with only
limited residential along the waterfront. The proposed projects that staff has reviewed
thus far have not had any difficulty in meeting this density standard.
Environmental Review
This item is categorically exempt under Section 15305, of the California Environmental
Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations).
The Class 5 exemption allows minor alterations in land use limitations in areas with an
average slope of less than 20 percent and which do not result in any changes in land
use or density. In this case, the over 500 parcels potentially affected by the amendment
have an average slope of less than 20 percent; the amendment will not change the land
use category or zoning district of the affected parcels; and the maximum number of
dwelling units per unit of land will not change.
Public Notice
Notice of this amendment was mailed to the owners of all MU -V, MU -CV /15th St, and
MU -W2 Zoning District properties and published in the Daily Pilot, including an eighth
page advertisement, consistent with the provisions of the Municipal Code. Additionally,
the item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
Prepared by:
Patrick J. Alford, Planning Manager
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Case Studies
Submitted
by:
Mixed -Use Code Amendment
March 21, 2013
Page 4
Wisneski, I�ICP, Deputy Director
Attachment No. PC 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF ZONING CODE AMENDMENT NO. CA2013 -001
TO MODIFY THE MINIMUM LOT AREAIDENSITY STANDARD
FOR MU -V (MIXED -USE VERTICAL), MU -CV /15TH STREET
(MIXED -USE CANNERY VILLAGE AND 15TH STREET) AND
MU -W2 (MIXED -USE WATER) ZONING DISTRICTS (PA2013-
020)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION I. STATEMENT OF FACTS.
1. On February 12, 2013, the City Council initiated an amendment of the Zoning Code that
would modify the minimum lot area /density standard for mixed use zoning districts.
2. The Planning Commission conducted a public hearing on March 21, 2013, 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 Newport Beach
Municipal Code. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment is categorically exempt under Section 15305, of the California
Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use
Limitations) because the parcels potentially affected by the amendment have a average slope
of less than 20 percent; the amendment will not change the land use category or zoning
district of the affected parcels; and the maximum number of dwelling units per unit of land will
not change.
SECTION 3. FINDINGS.
1. Mixed -use properties on the Balboa Peninsula contain unique site constraints that present
difficulties for potential projects to meet the minimum lot area /density standard established
by the Zoning Code.
2. The proposed amendment would allow the decision - making body, in conducting a site
development review for a mixed -use project, to modify or waive the minimum lot area /density
standard for the MU -V, MU -CV /15th St, and MU -W2) Zoning Districts.
Planning Commission Resolution No.
Paqe 2 of 2
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2013 -001 as set forth in Exhibit "A."
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2013.
AYES:
NOES:
ABSTAIN
ABSENT:
I -.Y�
AIN
Michael Toerge, Chairman
Fred Ameri, Secretary
Code Amendment No. CA2013 -001 (proposed amendment is underlined)
Section 20.22.030, Table 2 -11
TABLE 2 -11
DEVELOPMENT STANDARDS FOR VERIDICAL AND
HORIZONTAL MIXED -USE ZONING DISTRICTS
Development
Additional
Feature
MU -V
MU -MM
MU -DW
MU -CV /15th St.
Regulations
Lot Dimensions
Minimum dimensions required for each newly created lot.
(1)(2)
Lot Area (2)
2,500 sq. ft.
10,000 sq. ft.
40,000 sq. ft.
5,000 sq. ft.
Lot Width (2)
25 ft.
50 ft.
100 ft.
40 ft
Density Range
Minimum /maximum allowable density range for residential uses.
Lot area required
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631 f�j
per unit (sq. ft.) (3)
(66) Maximum:
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
2,167
For property
beginning 100 ft.
north of Coast Hwy.
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used for nonresidential
uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(6) The minimum density may be modified or waived through the approval of a site development review.
TABLE 2 -12
DEVELOPMENT STANDARDS FOR WATERFRONT
MIXED -USE ZONING DISTRICTS
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used for nonresidential
uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(6) The minimum density may be modified or waived through the approval of a site development review.
Additional
Development Feature
MU -W1 (3)
MU -W2
Requirements
Lot Dimensions (1)(2)
Minimum dimensions required for each newly created lot.
Lot Area
Mixed -use structures
20,000 sq. ft.
2,500 sq. ft.
Non - mixed -use structures
10,000 sq. ft.
2,500 sq. ft.
Lot Width
Mixed -use structures
200 ft.
25 ft.
Non - mixed -use structures
50 ft.
25 ft.
Density (4)
Minimum /maximum allowable density range for residential uses.
Lot area required per unit
Minimum: 7,260 sq. ft.
Minimum: 1,631 (6)
per unit
Maximum: 2,167
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) A minimum of fifty (50) percent of the square footage in a mixed -use development shall be used for nonresidential
uses.
(4) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(5) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(6) The minimum density may be modified or waived through the approval of a site development review.
Attachment No. PC 2
Case Studies
Residential
Units: 6 1 Density: 16.98
Floor 12,660 FAR: 0.82
Area: 5,430 FAR: 0.35
Notes:
The proposed project is does not meet the
minimum residential density standard of the
MU -V Zoning District; a minimum of seven (7)
units is required for a mixed -use project on this
site.
qI
Wiz,
Balboa Mixed
Case Study 1
Use
Location:
801 E. Balboa Blvd
Approval
N/A
Date:
Status:
Proposed
Zone:
MU -V
Land
15,390
Parking:
31
Area:
Floor
18,090
FAR:
1.18
Area:
Residential
Units: 6 1 Density: 16.98
Floor 12,660 FAR: 0.82
Area: 5,430 FAR: 0.35
Notes:
The proposed project is does not meet the
minimum residential density standard of the
MU -V Zoning District; a minimum of seven (7)
units is required for a mixed -use project on this
site.
qI
Wiz,
Case Studv 2 13366 Via Lido
r.,.,...,....
N/A
Date:
Status:
Proposed
Zone:
MUM2
Land
21,557
Parking:
47
Area:
Floor
15,373
FAR:
0.71
Area:
Residential
Units:
6
Density:
12.1
Floor
7,405
FAR:
0.34
Area:
Non - Residential
Floor
7,968
FAR:
0.37
Area:
The proposed project is does not meet the
minimum residential density standard of the
MUM2 Zoning District; a minimum of nine (9)
units is required for a mixed -use project on
this site.
1,5/O d Cmimartlal Pmltl MM FAR
a e- a s hi m i jaT
• a iw
Tv-
._,
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Attemate PaWnB Layout
>n.wrao
ru.roxerwu gem zux ..r =roger
�r.rotr
Case Study 3
13388 Via Lido
Location:
3388 Via Lido
Approval
09/14/2010
Date:
Status:
Under construction
ar
Zone:
MU -W2
Land
r �'
j�llyl
14,128
Parking:
37
Area:
Floor
19,231
FAR:
1.36
Area:
Residential
s
Units:
2
Density:
3.08
Floor
10,274
FAR:
0.73
Area:
Non - Residential
Floor
8,957
FAR:
0.63
The project involved the conversion the upper #E
two floors of an existing 5 -story office tower to
residential use. ,�q�
The project was approved prior to the adoption
of the Zoning Code via an Interim Study Plan.
The project does not comply with the minimum
residential density standard of the MU -W2
Zoning District; a minimum of six (6) units is
required for a mixed -use project on this site.
it
(E) 5 -STORY BUILDING
t
Area: I 36,000 FAR:
Notes:
0.35
The project does not comply with the minimum
residential density standard of the MUM2
Zoning District; a minimum of forty -seven (47)
units is required for a mixed -use project on this
site.
Tt
n
Y > > RF
SITE PI N
Newport Bay
Case Study 4
Marina
Location:
2300 Newport Blvd
Approval
12/7/2006
Date:
Status:
Permits Issued
Zone:
MUM2
Land
102,800
Parking:
251
Area:
Floor
113,100
FAR:
1.1
Area:
Residential
Units:
27
Densit
11.4
Floor
77,100
FAR:
0.75
Area: I 36,000 FAR:
Notes:
0.35
The project does not comply with the minimum
residential density standard of the MUM2
Zoning District; a minimum of forty -seven (47)
units is required for a mixed -use project on this
site.
Tt
n
Y > > RF
SITE PI N
Additional Materials Received
Item No. 3a
Mixed -Use Code Amendment
PA2013 -020
*3011-.1111
Code Amendment No. CA2013 -001 (proposed amendment is underlined)
Section 20.22.030, Table 2 -10
TABLE 2 -10
DEVELOPMENT STANDARDS FOR VERTICAL AND
HORIZONTAL MIXED -USE ZONING DISTRICTS
Development
Additional
Feature
MU -V
Mu -MM
MU -DW
MU- CV115th St.
Regulations
Lot Dimensions
Minimum dimensions required for each newly created lot.
(1)(2)
Lot Area (2)
2,500 sq. ft.
10,000 sq. ft.
40,000 sq. ft.
1 5,000 sq. ft.
Lot Width (2)
25 ft.
50 ft.
100 ft.
1 40 ft
Density Range
Minimum/maximum allowable density range for residential uses.
Lot area required
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
per unit (sq. ft.) (3)
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
U
For property]
beginning 100 ft.
north of Coast Hwy.
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(4) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(5) The minimum density maybe modified or waived through the approval of a site development review.
EXHIBIT A
Code Amendment No. CA2013 -001 (proposed amendment is underlined)
Section 20.22.030, Table 2 -10
TABLE 2 -10
DEVELOPMENT STANDARDS FOR VERTICAL AND
HORIZONTAL MIXED -USE ZONING DISTRICTS
Development
Additional
Feature
MU -V
MU -MM
MU -DW
MU- CVI15th St.
Regulations
Lot Dimensions
Minimum dimensions required for each newly created lot.
(1x2)
Lot Area (2)
2,500 sq. ft.
10,000 sq. ft.
40,000 sq. ft.
5,000 sq. ft.
Lot Width (2)
25 ft.
50 ft.
100 ft.
40 ft
Density Range
Minimum/maximum allowable density range for residential uses.
Lot area required
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
Minimum: 1,631
per unit (sq. ft.) (3)
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
Maximum: 2,167
(�
For property
L5j
beginning 100 ft.
north of Coast Hwy.
Notes:
(1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions).
(2) The standards for minimum lot area and lot width are intended to regulate sites for development purposes only and are
not intended to establish minimum dimensions for the creation of ownership or leasehold (e.g., condominium)
purposes.
(3) For the purpose of determining the allowable number of units, portions of legal lots that are submerged lands or
tidelands shall be included in land area of the site.
(4) Portions of legal lots that are submerged lands or tidelands shall be included in the net area of the lot for the purpose of
calculating the allowable floor area of structures.
(5) The minimum density maybe modified or waived through the approval of a site development review.
Staff Presentation
Item 3b Mixed -Use Code Amendment PA2013 -020
EW
F
l _
s.
Code Amendment
CA2013=001
"1iG00.P \I'
Mixed -Use Density
Allows deviation from the minimum density standard
Waved or modified via site development review
Balboa Peninsula
Mixed -Use Vertical (MU -V)
Mixed -Use Cannery Village /15th Street (MU -CV /15th)
Mixed -Use Water 2 (MU -W2)
07/13/2012 Community Development Department - Planning Division z
07/13/2012 Community Development Department - Planning Division
Case Study
Case Study 1
Balboa Mixed
Use
Location:
801 E. Balboa Blvd
Approval
Date:
N/A
_
—
Status:
Proposed
Zone:
MU_V
Land Area:
15,390
Parking:
31
r
P v.
li I
- %/// =
Floor
Area:
18,090
FAR:
1.18
Residential°
Units:
6
Density:
16.98
Floor
Area:
12,660
FAR:
0.82
Non - Residential
m.n. ® ° - - -
Floor
Area:
5,430
FAR:
0.35
Notes:
I
The proposed project is does not meet the
minimum residential density standard of the
MU -V Zoning District; a minimum of seven (7)
units is required for a mixed -use project on this
site.
03/21/2013 Community Development Department - Planning Division 4
Case Studv
Case Study 2
13366 Via Lido
Location:
3366 Via Lido
Approval
N/A
Date:
Status:
Proposed
— — — — - -'
Zone:
MU -W2
Land
21,557
Parking:
47
Area:
Floor
15,373
FAR:
0.71
aswac�Wr�wa (OM FAR "
Area:
�{
Residential
Units:
6
Density:
12.1
+ —
Floor
7,405
FAR:
0.34
Area:
Non- Residential
Floor
7,968
FAR:
0.37
Area
vwUUO
Notes:
The proposed project is does not meet the
minimum residential density standard of the
MU -W2 Zoning District; a minimum of nine (9)
units is required for a mixed -use project on
this site.
03/21/2013 Community Development Department - Planning Division 5
Case Studv 3 13388 Via Lido
rr• - -• 09/14/2010 --
Date:
Status: Under construction -
Zone: MUM2
Land 14,128 Parkin 37 --
Area:
i�
Floor (E) S STORY BUILDING •
36
Area: 19,231 FAR: 1.
Residential
Units: 2 Density: 3.08
Area 10,274 FAR: 0.73
a
Non - Residential
Floor
Area: 8,957 FAR: 0.63
Notes:
The project involved the conversion the upper
two floors of an existing 5 -story office tower to
residential use. �9pP°Rro
The project was approved prior to the adoption
of the Zoning Code via an Interim Study Plan.
The project does not comply with the minimum
residential density standard of the MUM2
Zoning District; a minimum of six (6) units is
required for a mixed -use project on this site.
03/21/2013 Community Development Department - Planning Division
N
Case Study 4
Newport Bay
Case Study 4
Marina
Location:
2300 Newport Blvd
Approval
12/7/2006
Date:
q`I
Status:
Permits Issued
U: ?' ,sJ
Zone:
MU -W2
Land
102,800
Parking:
251`
Area:
Area:
113,100
FAR:
1.1
Residential
Units:
27
Density:
11.4
Floor
77,100
FAR:
0.75
-.
4
Area:
_,.
Non - Residential
e j -° L c
F x
Floor
36,000
FAR:
0.35
Area:
°
Notes:
The project does not comply with the minimum
residential density standard of the MU -W2
Zoning District; a minimum of forty -seven (47)
units is required for a mixed -use project on this
site.
03/21/2013 Community Development Department - Planning Division 7
•
For more information contact:
Patrick J. Alford, Planning Manager
949 - 644 -3235
PAlford @newportbeachca.gov
www.newportbeachca.gov