HomeMy WebLinkAbout2008-10-22_GP-LCP IC Agenda Meeting PacketAGENDA
AGENDA
General Plan/LCP Implementation Committee
October 22, 2008
3:30 p.m.
City Council Chambers
1. Approve Action Minutes from October 15, 2008
Attachment No.1
2. Draft Zoning Code Review
3:30-3:35pm
• Second Review of Inclusionary Housing Ch. 20.34
• Review No. 5 - Non -Residential Development Standards
• Review No. 6 - Transfer of Development Rights
Attachment No. 2 3:35-6:45pm
3. Items for Future Agenda 6:45- 6:55pm
4. Public Comments on non -agenda items 6:55-7:00pm
file:///FI/Apps/WEBDATA/IntemetIP1nAgendas/GPImplementationCommittee/ag10-22-08.htm (I of 2) [10/29/2008 10:52:22 AM]
AGENDA
5. Adjourn to October 29, 2008
Attachments:
1. Draft Action Minutes for October 15, 2008
2. Revised Inclusionary Housing Memo and Revised Ordinance, Draft Code Review No. 5 — Non -
Residential Development Standards, Draft Code Review No. 6 — Transfer of Development Rights
file:///FI/Apps/WEBDATA/IntemetIP1nAgendas/GPImplementationCommittee/ag10-22-08.htm (2 of 2) [10/29/2008 10:52:22 AM]
Attachment No. 1
Draft Action Minutes
CITY OF NEWPORT BEACH
GENERAL PLAN/LCP IMPLEMENTAION
COMMITTEE
DRAFT ACTION MINUTES
Action Minutes of the General Plan/LCP Implementation Committee held at the City Council
Chambers, City of Newport Beach, on Wednesday, October 15, 2008
Members Present:
X
Ed Selich, Mayor, Chairman
X
Leslie Daigle, Mayor Pro Tem
X
Don Webb, Council Member
X
Barry Eaton, Planning Commissioner
X
Robert Hawkins, Planning Commissioner
X
Michael Toerge, Planning Commissioner
Advisory Group Members Present:
X
Mark Cross
X
Larry Frapwell
William Guidero
X
Ian Harrison
X
Brion Jeannette
X
Don Krotee
X
Todd Schooler
Kevin Weeda
Dennis Wood
Staff Representatives:
X
Sharon Wood, Assistant City Manager
X
David Le o, Planning Director
Robin Clauson, City Attorney
X
James Campbell, Senior Planner
X
GreggRamirez, Senior Planner
X
Melinda Whelan, Assistant Planner
E = Excused Absence
Committee Actions
1. Agenda Item No. 1 — Approval of minutes of October 1, 2008 and October 8, 2008.
Action: Committee approved draft minutes.
Vote: Consensus
2. Agenda Item No. 2 - Zoning Code Re -write
Action:
Staff gave a status report on bluff and canyon development
regulations and gave a time frame of a two weeks as to when the
section will be presented to the Committee.
The Committee reviewed comments prepared by Committee
members Eaton and Hawkins regarding residential development
standards of the draft code. The Committee and Advisory Members
discussed and directed staff to:
• revise Section 20.30.050 subsection C.3. pg. 3-16 to adjust
maximum width to 35 percent and add an exception for shed
dormers that relaxes the roof pitch requirement
■ revise Section 20.30.090 subsection A.b. pg. 3-23 to add a
requirement that adequate turning radius for a gurney be
provided to be approved by the Fire Department instead of
providing the 4- foot side setback area to the primary entrance
• delete Section 20.52.030 subsection C. pg. 3-116
■ flag pg. 3-118 under residential uses and go back to it at a
later meeting to discuss revising minimum parking requirement
for larger homes and creating a threshold of number of rooms
or square footage that would require an additional enclosed
parking space
■ revise Section 20.52.040 Table 3-11 pg. 3-118 under senior
housing create an additional subcategory: senior housing
market rate units require 1.2 parking spaces per unit and
senior affordable housing require 1 space per unit
■ send back entire Section 20.30.080 starting on pg. 3-20 for
revision because of concerns that it is too expansive and goes
beyond the General Plan policy and becomes too regulatory,
should be a more compact way to provide public view
protection, possibly add caveat : "provided it is not detrimental
to substantial property rights"
■ revise Section 20.52.070 subsection C2. and C3.c. pg. 3-128 —
will keep the same intent and create internal consistency
• create a section for In -lieu parking fees
■ revise Section 20.30.050 subsection AA.b. pg. 3-14 to have
threshold of "Lots 40 feet and less in width"
• advisory members and staff will discuss the open space and
third floor limitation requirements and will return to the
Committee with a resolution
■ delete Section 20.30.020 subsection A.6. pg. 3-6
■ revise Section 20.30.040 subsection C. add language "or other
conditions" after excavation/fill in e.g. list
■ revise Section 20.30.050 subsection A.3.a. pg. 3-13 add
description or definition of 8.67 (what is it?)
■ revise Section 20.30.050 subsection C.9. pg. 3-17 — change
provision to prohibit projection of solar equipment over 29 feet
and 3 feet projection over flat roof and not above 29 feet of
sloped roof
■ flag for future discussion and revision Section 20.30.070
subsection D.1. and D.2. pg. 3-19
■ flag for future discussion for the RM district in Corona Del Mar,
revise calculation of maximum square footage to not count
submerged lands
■ flag for future discussion and possible revision of Section
20.52.090 subsection B.1.a. pg. 3-129 — look at on -street
parking as an indicator that parking demand will be less than
requirement
• advisory members and staff will discuss and present revision
of Section 20.30.050 subsection C.2. to the Committee — need
to update measurement standards also look at a provision for
roof deck fireplace chimneys
The public provided comments to the Committee and staff regarding:
• parking in the sideyards, resident at 3600 Seashore concerned
with neighbor parking in sideyard — staff and Committee do not
see a revision to the draft code as the answer for the resident
• general comments on parking changes such as landscaping,
size of stalls, a concern with applicability to existing facilities
when will changes have to be made? what is trigger point? —
staff pointed to nonconforming chapter which will be reviewed at
future Committee meeting
■ concern that City Standard drawings from Public Works Design
Manual had been lifted and put in code — staff explained that
goal is to put more information in one place to make it easier to
find and work with and that the Public Works Director has
reviewed parking standards of draft code
■ the idea of the additional parking standards is to provide for
coastal access and meet coastal zone requirements however in
some cases the Coastal Commission has different parking
standards than draft code and it seems that parking standards
could become less stringent and more flexible when you are out
of coastal zone — staff will look at this and is still working with the
Coastal Commission
• Coastal Commission review of General Plan status — Coastal
Commission is still reviewing CLUP Amendments and Zoning
Code will follow
Vote: Consensus
3. Agenda Item No. 3 — Items for future agenda
Action: None
Vote: None
4. Agenda Item No. 4 — Public Comments on non -agenda items
None
Meeting Adjourned 6:15 p.m.
Attachment No. 2
Revised Inclusionary Housing Memo and
Revised Ordinance, Draft Code Review No. 5 —
Non -Residential Development Standards, Draft
Code Review No. 6 — Transfer of Development
Rights
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
DATE: October 22, 2008
TO: General Plan/LCP Implementation Committee
FROM: Jaime Murillo, Associate Planner
SUBJECT: Draft Inclusionary Housing Chapter— Chapter 20.34
At the September 24, 2008, General Plan/LCP Implementation Committee
meeting, the Committee discussed the three housing related chapters of the draft
Zoning Code: Inclusionary Housing, Density Bonus and Conversion or
Demolition of Affordable Housing in the Coastal Zone. In regards to the
Inclusionary Housing chapter, the Committee directed staff to re -assess the
affordability requirement percentages and make them more consistent with
Housing Policy 2.2.1.
Section 20.34.030.A (Affordability Requirement) of the draft Code previously read
as follows:
All new residential development projects shall include the construction of the following
percentage of the total number of dwelling units within the residential development
project as restricted affordable units for rentAease by very low- or low-income
households:
a. 9 percent very low-income households; or
b. 15 percent low-income households.
Housing Policy 2.2.1 of the General Plan states that it's the City's goal over the
planning period for an average of 15 percent of all new housing units to be
affordable to very low-, low- and moderate -income households. The Committee
was particularly concerned that the Inclusionary Housing chapter was more
restrictive than, and potentially inconsistent with, Housing Policy 2.2.1 as it did
not include provisions for the construction of moderate -income housing.
Based on the Committee's direction, staff has revised Section 20.34.030.A to
read as follows:
All new residential development projects shall include the construction of the following
percentage of the total number of dwelling units within the residential development
project as affordable units restricted for occupancy by very low-, low- or moderate -income
households:
a. 8.5 percent very low-income households; or
b. 15 percent low-income households; or
C. 21.5 percent moderate -income households.
Basis for Percentages
To fully implement Housing Policy 2.2.1, the City's inclusionary housing
requirements must be crafted in such a way that creates an average of 15
percent of all new housing units as affordable. The term average suggests that
some projects will provide less than 15 percent and other projects must provide
more.
Staff believes a developer should have the option of providing affordable units for
very low-, low-, or moderate -income households; however, it is imperative that an
economic equivalency be established among these income levels, so that
developers will not simply provide 15 percent of the units for moderate -income
households (an income category that requires the least subsidy) and do not
produce any housing affordable to low- and very -low income households.
Based on the analysis contained within the Draft Technical Memorandum dated
October 7, 2008, prepared by Economic and Planning Systems (EPS), for the
calculation of the City's affordable housing in -lieu fee, the revised percentages
would essentially result in an equivalent financial impact on a residential
development project. In other words, no matter which income level a developer
chose to provide affordable units for, it would require the same construction
subsidy to create those units and thereby eliminate any benefit of choosing one
income category over another.
Income Level
Average Subsidy
per Unit
Percentage of
Units
1n -Lieu fee per
Market -Rate Unit
Very Low (rental)
$234,000
8.5%
$19,890
Low rental
$133,000
15%
$19,950
Moderate (For-
sale
$92,000
21.5%
$19,970
-Average
$133,000
15%
$19,900
Moderate -Income Condominiums
It must be noted that the economic equivalencies discussed above were based
on the assumption that very low- and low-income units would be developed as
rental units and the moderate -income units would be developed as owner -
occupied units in the form of condominiums.
The economic equivalency was evaluated utilizing the subsidies necessary to
develop moderate -income rental units; however, many of the market -rate
apartments in the City are currently affordable to moderate -income households.
Also, based on the calculations contained within EPS's memorandum, there is no
subsidy required to construct moderate -income rental units, whereas moderate -
income for -sale units require a subsidy of approximately $92,000 per unit. As a
result, moderate income rentals do not provide housing that is not already being
provided by market forces and cannot also yield an equivalent benefit to the City
(even a project that provided 100 percent moderate income rentals would not
result in an implicit subsidy comparable to the subsidy attributable to 15 percent
low income rental units). Therefore, the decision was made to calculate the
moderate -income units as owner -occupied condominiums.
To be consistent with the 21.5 percent economic equivalency calculation, a new
section (Sec. 20.34.030.6) was added to the draft Inclusionary Housing chapter
requiring the following:
Tenure of Affordable Units. For moderate -income affordable units provided in
compliance with this Chapter, the applicant shall sell the units at an affordable housing
price. For all very low-income and low-income affordable units provided in compliance
with this Chapter, the applicant shall rent the units at an affordable rent.
RHNA Fulfillment
Although staff believes a developer should have the option of providing
affordable units for either very low-, low-, or moderate -income households, it is
possible that the City's Regional Housing Needs Assessment (RHNA)
construction need for a particular income category may eventually be fully
satisfied. To assist in meeting the City's RHNA, the City should reserve the right
to determine which income category must be provided if the RHNA construction
needs have been met for one or both of the other income categories. Therefore,
the following section (20.34.030.A.3) has been added granting the City the right
to restrict the construction of units for a particular income category:
The City reserves the right to restrict an applicant's ability to select the income category
for which they intend to satisfy the affordability requirement when the City's Regional
Housing Needs Assessment (RHNA) construction need has been met for one or more
income categories.
Calculation of Units - Rounding
The Committee directed staff to revise the method of rounding when calculating
the precise number of units required to be provided. Per the direction of the
Committee, staff has revised the calculation procedures in the draft Code as
follows:
20.30.010 — Calculation of Units
A. Time of determination. The number of affordable units required for a residential
development project shall be determined prior to tentative or parcel map
approval, or for developments not processing a tentative or parcel map, prior to
issuance of a Building Permit.
B. Providing units. To determine the number of units required when new
affordable units are to be provided, any decimal fraction less than 0.50 shall be
rounded down to the nearest whole number, and any decimal fraction greater
than or equal to 0.50 shall be rounded up to the next whole number.
C. In -lieu fee payment. When a fee is being paid in lieu of providing affordable
units, the in -lieu fee shall be paid for each market -rate unit within the residential
development project.
D. Minimum. In no case shall the affordability requirement be zero.
A complete copy of the revised Inclusionary Housing chapter is attached.
Chapter 20.34 — Inclusionary Housing [New]
Sections:
20.34. 010 — Purpose
20.34.020 — Applicability.
20.34.030 — Regulations
20.34.040 — In Lieu Fees
20.34.050 - Calculation
20.34.060 —Affordable Housing Implementation Plan (AHIP)
20.34.070 — Alternatives to On -Site Construction
20.34.080 — Affordable Housing Agreement.
20.34.090 —Affordable Housing Trust Fund
20.34. 100 — Adjustments, Waivers
20.34.010 — Purpose
The purpose of this Chapter is to:
A. Provide a balanced residential community comprised of a variety of housing types and
opportunities for all social and economic segments, including very low-, low-, and
moderate -income households;
B. Promote the City's goal to add affordable housing units to the City's housing stock in
proportion to the overall increase in new housing units;
C. Offset the demand on housing that is created by residential development and mitigate
environmental and other impacts that accompany residential development by protecting
the economic diversity of the City's housing stock, reducing traffic, transit and related air
quality impacts, promoting jobs/housing balance and reducing the demands placed on
transportation infrastructure in the region; and
D. Ensure that the limited remaining developable land in the City's planning area is utilized
in a manner consistent with the Housing Element and the City's housing policies and
needs.
20.34.020 — Applicability.
Residential development projects that create a net increase in the total number of units shall
comply with the requirements of this Chapter, unless granted an adjustment or waiver in
compliance with Section 20.34.090 (Adjustments, Waivers).
20.34.030 — Regulations
A. Affordability requirement.
All new residential development projects shall include the construction of the
following percentage of the total number of dwelling units within the residential
development project as affordable units restricted for occupancy by very low-,
low- or moderate -income households:
Public Access in the Coastal Zone 20.59
8.5 percent very low-income households; or
b. 15 percent low-income households; or
C. 21.5 percent moderate -income households.
The affordability requirement shall only apply to newly created residential units.
In the event that the residential development project includes the demolition or
conversion of existing residential units, except as provided in Chapter 20.36, the
affordability requirement shall only apply to the additional units created.
The City reserves the right to restrict an applicant's ability to select the income
category for which they intend to satisfy the affordability requirement when the
City's Regional Housing Needs Assement (RHNA) has been met for one or more
income categories.
B. Tenure of Affordable Units. For moderate -income affordable units provided in
compliance with this Chapter, the applicant shall sell the units at an affordable housing
price. For very low-income and low-income affordable units provided in compliance with
this Chapter, the applicant shall rent the units at an affordable rent.
C. Eligibility.
Affordable units required to be replaced under the provisions of Chapter 20.36
(Conversion or Demolition of Affordable Housing in the Coastal Zone) shall not
be eligible for meeting the number of affordable units required under the
provisions of this Chapter.
Affordable units provided under the provisions of Chapter 20.32 (Density Bonus)
shall not be eligible for meeting the number of affordable units required under the
provisions of this Chapter.
D. Design and distribution of affordable units.
Affordable units shall reflect the range of numbers of bedrooms provided in the
residential development project as a whole for 1, 2, and 3 bedroom units. Units
with 4 or more bedrooms are not required to be' provided. Common facilities
(e.g., laundry, recreation, etc.), construction quality, and exterior design of the
affordable units shall be comparable to the market -rate units.
Affordable units may be smaller and have different interior finishes and features
than the market -rate units.
3. Affordable units shall be dispersed throughout the residential development,
unless clustering is allowed by the review authority.
E. Duration of affordability requirement. Affordable units required by this Chapter shall
be legally restricted to occupancy by households of the income levels for which the
affordable units were designated for a minimum of 30 years, or as provided in an
approved Affordable Housing Implementation Plan (AHIP).
20.59
Public Access in the Coastal Zone
F. Timing. Affordable units shall be provided and offered for occupancy concurrently with
or prior to the occupancy of the market -rate units. For projects that are phased over
time, affordable units shall be provided in the same proportion as the number of market -
rate units in each phase of the project.
20.34.040 — In Lieu Fees
A. General requirements.
1. For residential development projects of 50 or fewer dwelling units, the
requirements of this Chapter may be satisfied by paying a fee in lieu of providing
all or a portion of the affordable units, unless otherwise provided by an approved
AHIP.
2. For residential development projects of 51 dwelling units or more, the applicant
may not pay a fee in lieu of constructing the required affordable units, unless
otherwise provided by an approved AHIP.
B. Timing of payment. Payment of the in lieu fee shall be made prior to the issuance of a
Building Permit.
C. Amount of fee. The amount of the in lieu fee shall be set by resolution of the Council.
20.34.050 — Calculation of Units
A. Time of determination. The number of affordable units required for a residential
development project shall be determined prior to tentative or parcel map approval, or for
developments not processing a tentative or parcel map, prior to issuance of a Building
Permit.
B. Providing units. To determine the number of units required when new affordable units
are to be provided, any decimal fraction less than 0.50 shall be rounded down to the
nearest whole number, and any decimal fraction greater than or equal to 0.50 shall be
rounded up to the next whole number.
C. In -lieu fee payment. When a fee is being paid in lieu of providing affordable units, the in
lieu fee shall be paid for each market -rate unit within the residential development project.
D. Minimum. In no case shall the affordability requirement be zero.
20.34.060 — Affordable Housing Implementation Plan (AHIP)
A. When required.
1. Residential development projects of 51 dwelling units or more shall be required
to submit an AHIP.
r
2. Residential development projects of 50 or fewer dwelling units shall have the
option of submitting an AHIP or paying an in lieu fee.
B. Contents. The AHIP shall contain the following information:
Public Access in the Coastal Zone
20.59
1. A description of the residential development, including the number of market rate
and affordable units proposed, and the basis for the calculation of the number of
required affordable units;
2. The income level(s) of the affordable units;
3. The unit mix, location, structure type, and size of the market rate units and
affordable units,
4. A plan of how the applicant proposes to implement and promote the sale or
rental of the affordable units to eligible households;
5. A phasing plan, if the applicant proposes a phased project, that provides for the
timely development of the affordable units in compliance with Subsection
20.34.030.F (Timing);
6. Information necessary to establish compliance with criteria provided in
Subsection 20.34.060.13(Land Dedication); and
7. Any additional information requested by the Department to assist in the
evaluation of the AHIP.
C. Approval.
1. The applicable review authority for the project shall approve, conditionally
approve, or deny the AHIP on the basis of the application, plans, materials, and
testimony submitted.
2. If the AHIP proposes the dedication of land in compliance with Subsection
20.34.060.13 (Land dedication) the Council shall be the final review authority. In
these cases, the Commission shall first recommend and the Council shall
approve, conditionally approve, or deny the AHIP.
D. Appeal of review authority's decision. The decision of the review authority may be
appealed in compliance with Chapter 20.78 (Appeals).
20.34.070 — Alternatives to On -Site Construction
The following alternative means of compliance with this Chapter may be considered as part of
an AHIP.
A. Off-site construction projects. An applicant may propose to construct some or all of
the affordable units required by this Chapter at a location not physically within the
residential development project.
B. Land dedication. An applicant may propose to dedicate land to the City or to a City -
designated housing developer for the provision of affordable units in lieu of constructing
some or all of the affordable units required by this Chapter. The dedicated land shall
meet the following requirements:
1. Site suitability.
a. The dedicated land shall be useable for its intended purpose and have
the appropriate General Plan and zoning designation for the development
20.59
Public Access in the Coastal Zone
of affordable housing, be free of toxic substances and contaminated soils,
and be fully improved with infrastructure and adjacent utilities necessary
to serve the project.
b. Title to the dedicated land, or lease hold for the useful life of the housing
improvements, shall be conveyed to the City or City -designated housing
developer before a Building Permit is issued for any portion of the
residential development project.
C. All property taxes, special taxes, fees, or other assessments shall be
current before the title is conveyed.
d. The dedicated land shall be sufficient in size to construct the number of
affordable units that the applicant would otherwise be required to
construct.
2. Land value. The dedication shall have an equivalent or greater value than the in
lieu fee that would be required to be paid under Section 20.34.040 (In Lieu Fees)
if applied to the overall project. The process for determining the value of the land
to be dedicated shall be as follows:
a. The value of the land dedication shall be appraised by a certified
appraiser selected by the City;
b. The applicant shall deposit with the City the costs associated with the
appraisal as determined by the Director; and
C. The Director shall provide the applicant with a copy of the appraisal.
3. Findings and decision. The review authority may approve or conditionally
approve, an AHIP that proposes alternative means of compliance with the
requirements of this Chapter after first finding all of the following:
a. The purpose of this Chapter would be served by the implementation of
the proposed alternative;
b. The units provided are located within the City and are consistent with the
requirements of this Chapter; and
C. It would not be feasible or practical to construct the units on-site.
20.34.080 —Affordable Housing Agreement.
An affordable housing agreement shall be executed in a recordable form prior to the issuance of
a Building Permit for any portion of a residential development project subject to the
requirements of this Chapter).
A. Contents. Affordable housing agreements shall include the following where applicable;
1. A description of the residential development project, how the affordable housing
requirements will be met by the applicant, and whether the affordable units will
be rented or owner -occupied;
Public Access in the Coastal Zone
The number, size, and location of each affordable unit;
3. Incentives provided by the City (if any) for density bonus;
20.59
4. Procedures for tenant selection and the process for qualifying prospective
households for income eligibility;
Provisions and/or documents for resale restrictions, deeds of trust, rights of first
refusal for owner -occupied units, or restrictions for rental units;
Provisions for monitoring the ongoing affordability of the units;
Security provisions (e.g., a cash deposit, bond, or letter of credit) as required by
the review authority;
Provisions for reporting the status for all units provided under the AHIP; and
Provisions for the enforcement of the agreement.
B. Recording of agreement. Affordable housing agreements in a form acceptable to the
City Attorney shall be recorded against the owner -occupied affordable units and the
projects containing rental affordable units. Additional rental or resale restrictions, deeds
of trust, rights of first refusal and/or other documents shall also be recorded against
owner -occupied affordable units. In cases where the requirements of this Chapter are
satisfied through the development of off-site units the affordable housing agreement
shall simultaneously be recorded against the property where the off-site units are
located.
20.34.090 — Affordable Housing Trust Fund
A. Trust fund. The trust fund shall receive all in lieu fees received under Section
20.34.040 (In Lieu fees) and may also receive monies from other sources.
B. Purpose and limitations. Monies deposited in the trust fund, together with any interest
earnings, shall be used or committed solely to increase affordable housing opportunities
for very low-, low-, and moderate -income households. Reasonable administrative
charges or related expenses associated with the administration of this Chapter may be
charged against the trust fund. Expenses may include reasonable consultant and legal
expenses related to the establishment and/or administration of the trust fund and
reasonable expenses for administering the process of calculating, collecting, and
accounting for fees,
C. Expenditures. Trust fund monies shall be used in compliance with the General Plan
Housing Element and this Chapter to construct, rehabilitate, or subsidize affordable
housing or assist other governmental entities, private organizations or individuals to
provide affordable housing. The trust fund may be used for the benefit of both rental and
owner -occupied housing. Allowed uses of trust fund monies include:
Assistance to housing development corporations;
Equity participation loans;
Grants;
20.59
Public Access in the Coastal Zone
4. Pre -home ownership co -investment;
5. Predevelopment loan funds;
6. Participation leases;
7. Other public-private partnership arrangements;
8. The acquisition of property and property rights;
9. Construction of affordable housing including costs associated with planning,
administration, and design, as well as actual building or installation; and
10. Other costs associated with the construction or financing of affordable housing.
20.34.100—Adjustments, Waivers
The Council may waive, wholly or partially, the requirements of this Chapter and approve
alternative methods of compliance with this Chapter if the applicant demonstrates, and the
Council finds that either:
A. Taking. There is no reasonable relationship between the impact of a proposed
development and the requirements of this Chapter and applying the requirements of this
Chapter would take property in violation of the United States or California Constitutions;
or
B. Special circumstances. There are special circumstances unique to the residential
development that justify the granting of an adjustment or waiver; the residential
development would not be feasible without the modifications; a specific and financial
hardship would occur if the modification was not granted; and no alternative means of
compliance are available that would be effective in attaining the purpose of this Chapter
than the relief requested.
GP/LCP Committee Draft Code Review
October 22, 2008
Draft Code Review Topic No. 5
Non -Residential Standards
Chapters/Sections to be discussed at meeting: Non -Residential
Standards found within Parts 2, 3 and 4 with a focus on the following
standards and the relevant existing and new chapters.
1. Height
a. Existing Code: 20.65 — measured to midpoint of sloping roof
b. New Code: Sections 20.20.030 Table 2-6 and Table 2-7 pgs. 2-23 thru 2-
26, 20.22.030 Table 2-11 and Table 2-12 pgs. 2-35 thru 2-39, 20.24.030
Table 2-14 pg.2-45, 20.26.030 pg. 2-50, 20.30.050 pg. 3-13 — measured to
the roof peak or the top of a flat roof with a minimum 4:12 roof pitch
above 24 feet
2. Grade
a. Existing Code: within Ch. 20.65 — "natural grade"
b. New Code: Section 20.30.040 pg. 3-10 —average grade for most lots
3. Lighting
a. Existing Code: Sections 20.60.050
b. New Code: Sections 20.30.060 pg. 3-18, 20.52.050 subsection D.4. pg. 3-
125 - carries over existing provision with the addition of reducing
illumination of adjacent properties
4. Noise
a. Existing Code: none
b. New Code: Section 20.30.070 pg. 3-19 — new noise standards including
provisions for deliveries, loading and unloading operations and mitigation
of impacts
5. Buffering or Screening
a. Existing Code: Section 20.60.020 subsection F.
b. New Code: 20.30.020 pg. 3-5 — added provisions for screening of
outdoor storage/display, solid waste and screening between different
zoning districts
6. Landscaping
a. Existing Code: none
b. New Code: Ch. 20.48 pg. 3-95
GP/LCP Committee Draft Code Review
October 22, 2008
7. Parking Requirements and Standards
a. Existing Code: Sections 20.66.020, 20.66.030, 20.66.050, 20.66.060,
20.66.070, 20.66.080, 20.66.090, 20.66.100, 20.66.110
b. New Code: Sections 20.52.030 pg. 3-116, 20.52.040 pg. 3-117 Table 3-11
Non -Residential Uses, 20.52.050 pg. 3-121, 20.52.060 pg. 3-126,
20.52.080 pg. 3-128, 20.52.090 pg. 3-129, 20.52. 100 pg. 3-131, 20.52.11C
pg. 3-131 — majority carried over, new requirement for Food Service,
parking space and lot dimension section added new landscaping
provisions for parking lots
8. Parking in -lieu fee
a. Existing Code: none
b. New Code: will be added
9. Transportation Demand Management (TDM)
a. Existing Code: Ch. 20.64
b. New Code: Ch. 20.56 pg. 3-185 — mostly carried over from existing code
except under Section 20.56.050 Site Development Requirements
subsection H. Sidewalks added
GP/LCP Committee Draft Code Review
October 22, 2008
Draft Code Review Topic No. 6
Transfer of Development Rights
Chapters/Sections to be discussed at meeting: Transfer of
Development Rights Chapter 20.58.
Transfer of Development Rights
a. Existing Code: Section 20.63.080
b. New Code: Ch. 20.58 pg. 3-189 — multiple revisions including: City
Council review and approval instead of Planning Commission,
traffic (peak hour trip) analysis for all applications, land use intensity
analysis, new residential transfer provision, transfers limited to
same Statistical Area