HomeMy WebLinkAbout2009-12-16_GP-LCP IC Agenda Meeting PacketAGENDA
General Plan/LCP Implementation Committee
December 16, 2009
3:30 p.m.
Fire Department Conference Room
1. Approve Action Minutes from November 18, 2009 3:30-3:35pm
Attachment No. 1
2. Draft Zoning Code Review — Review and provide direction to staff
Attachment No. 2
A. Residential Development Standards Comparison Matrix
B. Draft Canyon Overlay District Standards
3. Future Meeting Dates — Schedule Dates
3:35-4:45pm
4:45-4:50pm
4. Items for Future Agenda 4:50-4:55pm
5. Public Comments on non -agenda items 4:55-5:00pm
6. Adjourn
Attachments:
1. Draft Action Minutes from November 18, 2009
2. Draft Zoning Code Review Support Documents
The Draft Zoning Code (Second Public Draft) was previously distributed and is
available on-line at: http://www.newportbeachca.gov/index.aspx?page=1284 or contact
the Planning Department at 949-644-3200.
Attachment No. 1
Action Minutes from November 18, 2009
0
CITY OF NEWPORT BEACH
GENERAL PLAN/LCP IMPLEMENTATION
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, November 18Y:2009
Members Present:
X
Ed Selich, Mayor, Chairman
X
Leslie Daigle, Council Member
X
Don Webb, Council Member
X
Barry Eaton, Planning Commissioner
X
Robert Hawkins, Planning Commissioner
X
Michael Toerge, Planning Commissioner
Members Present:
E = Excused Absen
Committee Actions
1. Agenda Item No. 1 — Approval of minutes as corrected for September 30, 2009.
Action: Committee approved draft minutes as corrected — strike "Vote —
Consensus" under public comments on non -agenda items.
Vote: Consensus
2.
2. Agenda Item No. 2 — Draft Zoning Code Review — A. Submerged Area Memo, B. Oral
Update on other Code Tasks:
Action: The Committee reviewed the Memo and provided the following action
and suggestions:
■ Maintain existing Code regarding submerged areas
• Verify that the City Attorney has no comments
■ Provide consistent definitions and; cross reference with
Municipal Code and Local Coastal Plan and General Plan
Action: Staff provided an update onresidential building envelope
comparisons with sketches by Brion Jeannette and an update on
Canyon regulations. The Committee provided the following
suggestions:
3. Agenda Item
■ Overall the sketches.appear
be reduced with more open
be a small increase in,:sqi
proposed residential regu'Ci
■ Majority of the Committee
Draft Code^iI'll&eliminate the F.
family residentiatproperties
• For clarity, staff willprovide:;,
sizes comparing :square fool
iy that building bulk would
even though there would
Mage allowance with the
with general direction of
ulation for single -and two -
rix spreadsheet of typical lot
outcomes with existing and
■ Chairman Selich announced that Staff has drafted an
Inclusionary Housing Ordinance to be included in the Title 19
Subdivision Code
■ Mary „McCarthy. 300 Poppy Avenue is concerned with the
height and' bulk of residences on the Canyon as they decrease
views to'the ocean. She feels that development regulations for
properties abutting the Canyon on Hazel Drive should be
revised to have similar height restrictions to Ocean Boulevard
which do not allow building heights to exceed existing curb
heights.
3 — Items for Future Agenda
The next meeting is on December 16th and the following are tentative items for
the agenda: traffic fair share fee, matrix displaying typical lot sizes and
comparing square footage outcomes with existing and proposed residential
regulations, and possible policy questions for the city attorney.
Vote: Consensus
H.
4. Agenda Item No. 4 — Public Comments on non -agenda items
Cora Newman of Government Solutions asked for a timeline on the availability
of the next Draft. Staff explained the goal for the next draft is tentatively
February 1, 2010; however, it will depend on comments that need to be
addressed from the City Attorney.
5. Agenda Item No. 5 — Adjourn
Attachment No. 2
Draft Zoning Code Review Support
Documents
a
GP/LCP Implementation Committee
December 16, 2009
Memorandum —Agenda Item 2A
To: GP/LCP Committee
From: Planning Department
Date: December 16, 2009
Re: Residential Regulations — Floor Area Comparison
Attached are the following for your review:
• Floor Area Comparison
• Open Space Requirement
• Existing Code Floor Area Calculation
• Residential Standards Comparisons
Calculation of Floor Area
Buildable Area = lot size minus setbacks
Floor area = square footage calculation
Draft Code
• Floor area allowed by the draft code is the anticipated maximum above ground
square footage since the building size is regulated by a combination of
regulations (setbacks, height, setback plane, open space, etc), not a calculated
floor area limit or FAR in the R-1 and R-2 zones. The calculation used for the
comparison assumes full build -out (entire buildable area) of two floors and the
maximum allowed third floor. The calculation then deducts square footage based
on the applicable open space requirement.
• Formula: Buildable Area x 2 + 3rd floor (20% or 15% of buildable area) — required
open space (20% or 50% of buildable area) = anticipated above ground square
footage.
• Example: square footage = 3,360 sq ft. (based on 2 x 1680 — 336 (20% open
space requirement) + 336 (20% third floor limitation). Anticipated square footage
does not factor in a basement.
Existing Code
• Existing gross floor area calculation is 2 x Buildable Area = maximum allowable
square footage. Attached is the existing code regulation for the calculation of
floor area.
GP/LCP Implementation Committee
December 16, 2009
Floor Area Comparison
Area
Lot
Setbacks
Buildable Area
Existing Code — Max.
Draft Code*
Dimensions/Area
Floor Area
F:5
Newport Shores
35 x80
S:3
29x70
2030x2=
3959 square feet
(Prospect)
2800 square feet
R:5
2030 square feet
4060 square feet
5989 square feet
F:10
West Newport
30 x85
S:3
24x70
1680x2=
3360 square feet
(45`h Street)
2550 square feet
R:5
1680 square feet
3360 square feet
5040 square feet
F:10
Peninsula
35x75
S:3
29x65
1885x2=
3675 square feet
(Peninsula Point)
2625 square feet
R:0
1885 square feet
3770 square feet
5560 square feet
F:4
Lido Island
40x88
S:4
32x74
2368x2=
4617 square feet
(Via Lorca)
3200 square feet
R:10
2368 square feet
4736 square feet
6985 square feet
F:20
Newport Heights
50x128
S:4
42x103
4326x2
8436 square feet
(EI Modena)
6400 square feet
R:3
4326 square feet
8652 square feet
12762 square feet
F:20
Corona Del Mar 1
30 x 118
S:3
24x93
2232x1.5=
3794 square feet
(Poinsettia)
3540 square feet
R:5
2232 square feet
3348 square feet
6026 square feet
F:15
Corona Del Mar 2
30 x 118
S:3
24x98
2352x1.5=
3998 square feet
(Acacia)
3540 square feet
R:5
2352 square feet
3528 square feet
6350 square feet
*Top number assumes 3 -story home, no basement. Lower number single level basement which, could achieve floor area
equal to the buildable area
19-
GP/LCP Implementation Committee
December 16, 2009
Draft Code
Open space requirement.
I
2.
R-1 and R-2 zoning districts.
a. Citywide (except Corona Del Mar). Each dwelling shall be
provided with a minimum of 20 percent of the buildable area
of the lot as open space. A minimum of 25 percent of the
required open space shall be located above the ground floor,
but below 24 feet in height.
b. Corona Del Mar
minimum of 50 p
open space. A mi
shall be located (
percent of the bt
ground floor, but t
Open space
space shall r
Each dwelling shall be provided with a
:rcent,of the buildable area of the lot as
lim urn, , �of 20 percdhtof the buildable area
,n 1 the ground floor and d, a minimum of 30
ii1dable area shall be located above the
el'W'
0 �2,4 feet,io, height.
To satieylhp open space requirement the
wing minimum standards:
a. Have a minimum dimension of atleast 5 feet in depth from
the wall plane on which it ig1ocated"and a minimum vertical
dimension of at least 75feet;
b. Be located, within thebuildablearea of the lot;
I
c. Be -open to th 6 outdoors on at least one side; and
d. Be located no higher than the second floor or 24 feet in
height.
3. Front facade modulation. A minimum of 20 percent of the area of
the front facade (front elevation) of the structure shall be offset from
the remainder of the of the front facade by a minimum of 5 feet in
depth, 61 feet in width, and 7.5 feet in height. The two dimensional
horizontal open space area created by this offset may be applied
towards meeting the open space requirement specified in
paragraph A.1, above.
CY
Existing Code, Floor Area Calculation - Section 20.20.030
Calculation. The gross floor area shall consist of the total enclosed area of all floors of a building measured to the outside
face of the structural members in exterior walls, and including halls, stairways, service and mechanical equipment rooms,
and basement or attic areas having a height of more than 7 feet. Internal shafts, such as elevator shafts, dumbwaiter shafts,
ventilation shafts, and similar vertical shafts shall be counted as floor area on one floor level only. Non -habitable rooms and
spaces of a building, with the exception of bath or toilet rooms, connecting corridors, foyers, and stairwells, that measure
more than 14 feet 6 inches from finished floor to the ceiling above finished floor shall be considered to occupy two floor
levels and the floor area of each level shall therefore be calculated towards the maximum floor area limit.
Area considered to be a second floor
.......a ai..., Cl--,- _.._,. ...:n �_
Living Room Kitchen Garage
(Habitable) (Habitable) (Non -Habitable)
a
2
Residential Development Standards Comparison
Standard
Existing Zoning Code
Draft Zoning Code
Zoning District
R-1: One unit permitted
No Change
R-2: One or two units permitted
Setbacks
Zone Standard or per District Map
No Change
Maximum Square
2 or 1.5 square feet x the buildable area
None — Proposed code uses open space square footage
Footage*
(Buildable area = lot area minus setback area)
requirement, third floor size limitation, setback planes and third
floor step -backs to regulate size and bulk.
Third Floor Square
None
15 percent of the total buildable area for lots wider than 30 feet
Footage Limitation
20 percent of the total buildable area for lots 30 feet wide or less
Third Floor Step-
None
Enclosed square footage on a third floor or above 24 -feet in
back
height must be setback 15 -feet from the front and rear setbacks
and 2 feet from side setbacks, including bay windows.
Setback Plane
None
45 degree plane beginning at a height of 24 -feet. Required on
sides only if lot is greater than 40 feet wide.
Height
Sloping Roof
Sloping Roof
• Ridge: 29 feet
• Ridge: 29 feet
• Mid -Point: 24 feet
• No mid -point measurement
• No minimum pitch requirement
• Minimum pitch 3:12
Flat Roof
Flat Roof
• 24 feet
24 feet
• Deck Railing: 24 feet
Deck Railing: 24 feet
Open Space Square
None or cubic area (buildable width x height limit x 6)
20% of the buildable area.
Footage
Corona del Mar: 50%of the buildable area
Parking
2 per unit
2 per unit
3 per unit if greater if more than 4,000 s ft.
GP/LCP Committee
December 18, 2009
PLANNING DEPARTMENT
CITY HALL
3300 NEWPORT BOULEVARD
P. O. BOX 1768
NEWPORT BEACH, CALIFORNIA
92658-8915
Memorandum — Agenda Item 213
To:
GP/LCP Committee
From:
Planning Department
Date:
December 16, 2009
Re: Canyon Overlay District — Draft Regulations
Attached for your review are the following:
Draft development regulations for the proposed Canyon Overlay District
Applicable general plan polices
A portion of the zoning map showing the location of the proposed overlay
The draft regulations were created using Committee direction, reviewing existing and
historic development regulations, applying General Plan policies and researching
potential conflicts with current regulations and standards implemented by other City
departments (Fire, Building, Public Works). Staff also looked into how the HOA's guide
development along both sides of Morning Canyon and the southerly side of Buck Gully
to avoid conflict and to respect the historical development pattern.
Staffs presentation at the meeting will include graphics depicting lot lines, proposed
development setbacks, watercourse location and the related setback, fire department
fuel management areas and known wetland locations.
General Plan Implementation Committee
December 16, 2009
Canyon Overlay District — Buck Gully and Morning Canyon
A. Applicability. This Section applies to lots located within the Canyon Overlay
District (see map, Part 8). All development must comply with all applicable
regulations (e.g. height, accessory structures, etc.) of the underlying zoning
district unless otherwise specified by this section. In situations where an
inconsistency or conflict occurs, the more restrictive regulation prevails.
B. Setbacks. Minimum setbacks for the front and sid eyards shall comply with the
underlying zoning district regulations and setback maps. Rear setbacks shall be
a minimum of 25 -feet.
C. Watercourse Setback. A minimum setback of 254eet. shall be maintained from
the bank of the watercourse. No structures or grading.is permitted within this
setback except for approved drainage.and water quality devices. All development
shall also comply with applicable flood zone requirements.
D. Maximum Floor Area/Lot Coverage. For R-1 zoned lots only, the maximum
allowed floor area shall be.1.5 times the buildable area of the lot. This limitation
does not apply to lots regulated by lot coverage.
E. Fuel Modification/Hazard. `Reduction: Fuel management shall be done in
compliance with the requirements of the,Newport Beach Fire Department.
F. Environmental Study Area. Where proposed .d%velopment would require the
expansion of the fuel management., are a beyond what would be required if the
primary structure was re -built in its existing location or, be located within 100 feet
of.a wetland, the proposed development, shall be subject to Section 20.30.030
(Environmental Study Areas)':.unless, a previous biological report or study has
concluded that sensitive habitat or, species are not present within the project
boundaries.
G. Grading. Gra
placement of
H. Drainage. Dr
compliance':.
requirements.
minimum necessary for the construction and
water quality related requirements shall be done in
ig Department and Public Works Department
I. Adjustment of Development Standards. Per Section XX -XXX -XX of the Bluff
Overlay District. (See excerpt on following page)
11
General Plan Implementation Committee
December 16, 2009
Adjustment of Development Area Boundary (from Bluff Overlay)
1. Minor adjustment of a development area(s). The Planning
Director may administratively adjust the boundary when the strict
application of a development area based upon the graphic exhibit creates
a circumstance contrary to the intent and purpose of this Section.
2. Reduced development area(s). A bluff development area shall be
reduced whenever necessary to:
a. Ensure safety and stability against_sfope
for the economic life of a developme
........:...... _ ........
development area shall be adjusted to
factor greater than or equal t6'1.5 at they_
of the development for the static condition
a factor of safety greater than or equal
condition of the bluff'or, canvon, whichever
failure (i.e., landsliding)
nt. At a minimum, the
ensure a slope stability
end of the economic life
of the bluff or canyon or
to._1.1 for the seismic
is further landward, and
b. Ensure that the principal structures are safe from hazards due to
erosional factors for the economic 7 fe of the building.
3. Increased development ared(s�. , A development area(s)
boundaries may be sdjusted ttirough the appeoval of a Site Development
Review (Section xx-xx-xx) to permit structures=and grading not otherwise
allowed. -In addition to' the Site Development Review findings, the
a. The increased bluff dr: -canyon development area ensures a slope
stability factor safety greater than or equal to 1.5 at the end of the
economic life of ahe development for the static condition of the
bluff or canyon ora factor of safety greater than or equal to 1.1 for
''the, seism io condition of the bluff or canyon, whichever is farther
b. The increased bluff or canyon development area will provide
adequate protection from erosion factors for the economic life of
the development, and
C. The increased bluff or canyon development area is compatible
and consistent with surrounding development.
d. The increased bluff or canyon development area will not have an
impact on public views, sensitive habitat areas and is not
otherwise detrimental to the community.
General Plan Implementation Committee
December 16, 2009
Canyon Related General Plan Policies
NR 10.3 Analysis of Environmental Study Areas
Require a site-specific survey and analysis prepared by a qualified
biologist as a filing requirement for any development permit
applications where development would occur within or contiguous to
areas identified as ESAs. (Imp 2.1, 6. 1,)
NR 10.8 Standards for Buck Gully and Morning Canyon
Prepare natural habitat protection regulations for Buck Gully and
Morning Canyon for the purpose of providing standards to ensure
both the protection of the natural habitats in these areas and of private
property rights. Include standards for the placement of structures,
native vegetation/fuel modification buffers, and erosion and
sedimentation control structures. (Imp 2.1, 6.1)
NR 23.1 Maintenance of Natural Topography
Preserve cliffs, canyons, bluffs, significant rock outcroppings, and site
buildings to minimize alteration of the site's natural topography and
preserve the features as a visual resource. (Imp 2.1)
NR 23.6 Canyon Development Standards
Establish canyon development setbacks based on the predominant line
of existing development for Buck Gully and Morning Canyon. Do not
permit development to extend beyond the predominant line of existing
development by establishing a development stringline where a line is
drawn between nearest adjacent corners of existing structures on either
side of the subject property. Establish development stringlines for
principle structures and accessory improvements. (Imp 2.1, 6.1)
NR 23.7 New Development Design and Siting
Design and site new development to minimize the removal of native
vegetation, preserve rock outcroppings, and protect coastal resources.
(Imp 2.1)
S6.2 Development in Interface Areas
Apply hazard reduction, fuel modification, and other methods to
reduce wildfire hazards to existing and new development in urban
wildland interface areas. (Imp 8.1)
S6.7 Properties within Interface Areas
Conduct regular inspections of parcels in the urban wildland interface
areas and direct property owners to bring their property into
compliance with fire inspection standards. (Imp 28.2)
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Rd
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Two -Unit Residential
R -z
R.2 0 0
Multi -Unit Residential
_ RM
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Commercial
CC - Co coal Coamr
Special Purpose Zoning Districts
_ PI - PrNaie Institutions
PF- Pu Ic Faolnies
PC - Planned Community
- PR - Parks aref Recreation
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