HomeMy WebLinkAbout2.0 - Height Overlay District Zoning Code Amendment - PA2015-047 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
April 9, 2015 Meeting
Agenda Item 2
SUBJECT: Height Overlay District Zoning Code Amendment
In West Newport Mesa (PA2015-047)
Code Amendment No. CA2015-004
PLANNER: Fern Nueno, Associate Planner
(949) 644-3227, fnueno@newportbeachca.gov
PROJECT SUMMARY
A Zoning Code Amendment to allow increased residential building height in the Multiple
Residential (RM) Zoning District within Statistical Area A2 in West Newport Mesa in
conjunction with the provision of enhanced project design and amenities.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. recommending City Council approval of Code
Amendment No. CA2015-004 (Attachment No. PC 1).
INTRODUCTION
Project Setting
The proposed Code Amendment would be applicable to properties located in the
Multiple Residential (RM) Zoning District within Statistical Area A2 in the West Newport
Mesa area (Map provided as Exhibit A to the draft Resolution — Attachment No. PC 1).
The area is developed with primarily multiple-unit residential, industrial, and medical
office uses, ranging from one-story to three-stories.
Project Description
The height limit for the RM Zoning District is 28 feet for a flat roof and 33 feet for a sloped
roof. Building heights may be increased up to 32 feet with a flat roof or 37 feet with a
sloped roof with the approval of a Site Development Review or Planned Development
Permit, subject to certain findings, including providing increased setbacks and additional
landscaped open space. The Code Amendment would create a Height Overlay District
that would provide a mechanism to request heights above the 32 flat/37 sloped roof
height limit for properties that meet certain criteria.
Height Overlay District Code Amendment (PA2015-047)
Planning Commission, March 19, 2015
Page 2
Background
At the request of Council Member Petros, at the January 27, 2015 meeting, the City
Council initiated a Code Amendment to increase allowed building height for properties
located west of Superior Avenue in the RM Zoning District within the West Newport
Mesa Area. It was further stated that that the increased height would be subject to a
discretionary application that would include findings that the proposed project provides
increased building setbacks from streets and property lines and increased on-site
recreational amenities for the residents.
At the March 19, 2015 Planning Commission Meeting, the Commission reviewed the
proposed code changes and provided direction to staff on the proposed amendment in
anticipation of a public hearing. The draft meeting minutes are provided as Attachment
No. PC 2. Four members of the public spoke on the application in reference to a
proposed specific plan, the process of the code initiation by Council, potential traffic
impacts, the intent for no changes in density, and the benefits of the overlay.
Comments received from the Commission and public are summarized below with the
approach for addressing each topic.
a) Floor Area and Density — The concern was whether the overlay would result in
changes in allowed floor area or density.
• The proposed overlay would not affect the amount of floor area or density
that could be built under the current code provisions. The allowed density
for the RM properties in this area is 18 dwelling units per acre, which could
not be increased without a General Plan Amendment.
b) Flat/Sloped Limit — The concern was that if the height limit were the same for flat
and sloped roofs, then this could lead to insufficient architectural variation.
• The proposed overlay allows a sloped roof to be five feet above the flat
roof limit to provide more breadth of architecture.
c) Parks — The lack of parks in the area was recognized and it was questioned
whether this amendment could help increase the level of parkland for the
residents.
• Sunset Ridge Park is almost complete and will be the closest park
available to the residents in the Height Overlay District. It would be difficult
to pursue the creation of additional parkland through this Code
Amendment; however, the overlay would require additional on-site open
space, setbacks, and amenities for residents.
Height Overlay District Code Amendment (PA2015-047)
Planning Commission, March 19, 2015
Page 3
d) Quality Architecture — Quality architecture and materials should be explicitly
stated in the code.
• As a condition of the greater height limit, the proposed Code Amendment
would include criteria to ensure quality architecture and materials.
e) Lot Size — Clarify why the minimum lot size was established.
• The proposed minimum one acre lot size is consistent with the Planned
Development Permit requirement. Smaller lots have the potential to be
merged in order to take advantage of the overlay district. Adequate land
area is necessary in order to provide enhanced amenities in exchange for
the additional height.
f) Compatibility — Clarify how properties redeveloped under the provisions of the
overlay will be consistent with the existing properties.
• Not all properties would be redeveloped or take advantage of the overlay.
The overlay would be another option available to property owners and would
provide an incentive for redevelopment of certain properties. It is often
difficult to encourage private improvements in a built environment with
multiple property owners; however, the overlay requirements would ensure
quality design for those projects developed.
g) Specific Plan — Development of a specific plan was suggested to create a
cohesive neighborhood and prevent hodgepodge development.
• A specific plan for the area could provide cohesiveness, but it is difficult to
achieve the desired results in a built environment with multiple property
owners. General Plan policies reference a potential streetscape master
plan, and this could be the appropriate method to develop a cohesive
neighborhood and sense of community through signage, crosswalks,
parkways/landscaping, and other public improvements. The City has the
ability to establish and implement changes in the public realm that could
create a "village" identity and would not require participation from all
property owners in the area.
Correspondence was received (Attachment No. PC 3) from a resident within the
proposed Height Overlay District requesting that the Commission postpone a decision
to allow for a more in depth review on a specific plan, affordable housing, traffic, and
other concerns. Staff had sufficient time to prepare the staff report and will address
public comments as needed at the April 9t" Planning Commission Meeting.
Height Overlay District Code Amendment (PA2015-047)
Planning Commission, March 19, 2015
Page 4
DISCUSSION
Code Amendment
The parameters for the Code Amendment include the following:
• The Height Overlay District includes properties located in the Multiple Residential
(RM) Zoning District within Statistical Area A2.
• Approval requires discretionary review through either a Site Development Review
or Planned Development Permit.
• Eligible properties must have a minimum lot size of one acre.
• The maximum height limit is 40 feet for a flat roof and 45 feet for a sloped roof
and three stories maximum.
• Additional required findings include:
o The proposed project provides increased building setbacks from the
streets and property lines;
o The proposed project provides project enhancements and on-site
recreational amenities for the residents above code requirements; and
o The proposed project provides quality architecture and materials.
• Quality of architecture will be reviewed for compliance with the following criteria:
o Enhanced treatment of building elevations facing public streets with
respect to architectural treatment to achieve the highest level of design
and neighborhood quality (high-quality doors, windows, moldings,
metalwork, finishes, stoops, porches, etc.).
o Building materials and colors should be selected that will complement the
proposed design and other buildings in the surrounding areas.
o Building materials should be high-quality, durable, and authentic to the
architectural style.
o If stucco is used it should have a smooth finish. Sand and lace stucco
finishes should be avoided.
o Lighting should be selected to provide ambiance, safety, and security,
without unnecessary spillover or glare.
o Building owners and tenants should keep the building elevations clean
and in good repair.
Height Overlay District Code Amendment (PA2015-047)
Planning Commission, March 19, 2015
Page 5
• For projects that include a subdivision, enhanced project design requirements
shall include:
Overall lot setbacks The RM setback requirements are applicable to
the overall development lot.
Minimum front setback for 25 feet from property line abutting public streets.
primary structure
15-foot front setback to include trees, shrubs, and
Street enhancements ground cover. Fences, walls, or hedges permitted
beyond 15' front setback.
Minimum side landscape 5 feet from property line abutting public streets to
setback from street include trees, shrubs, and ground cover, but no
fences, walls, or hedges.
Minimum 8-foot sidewalks, meandering sidewalk
Public sidewalks preferred for lots greater than 300' wide
(easement may be required for public access).
Common open space 100 square feet per unit dedicated to recreational
amenities does not include pathways).
Recreation building, seating areas, barbecue/grill,
fire pit/fireplace, swimming pool/spa, bicycle
Recreational amenities racks/storage, activity area (such as playing
field/lawn, sport court, horseshoe pit, playground,
etc.), or similar amenities.
Additional guest parking Guest parking above the code requirement that is
where limited off-site on- distributed throughout site.
street parking is available
Recommendation to Council
The Commission could include suggestions to the Council in addition to direction on the
Code Amendment. The draft Resolution includes a recommendation to consider a
master plan for streetscape improvements in West Newport Mesa.
Alternatives
The Commission could make changes to the Code Amendment prior to forwarding to
the Council for review and/or provide additional recommendations to Council related to
the overlay.
Environmental Review
Staff recommends the Commission find the project is categorically exempt under
Section 15305, of the State CEQA (California Environmental Quality Act) Guidelines -
Class 5 (Minor Alterations in Land Use Limitations). Class 5 consists of minor
5
Height Overlay District Code Amendment (PA2015-047)
Planning Commission, March 19, 2015
Page 6
alterations in land use limitations in areas with an average slope of less than 20 percent,
which do not result in any changes in land use or density. The Zoning Code
Amendment would create a Height Overlay District that would provide a mechanism to
request additional residential building height, which provides for minor changes in land
use limitations. The average slope of the area involved is less than 20 percent and the
project would not change the allowed uses or density for any property within the
Overlay.
Public Notice
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement at least 10 days before the scheduled meeting, 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: Submitted by:
FW N veno, Associate Planner Br n a Wisnes i,r
ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Draft March 19, 2015 PC Minutes
PC 3 Correspondence Received
Attachment No. PC 1
Draft Resolution
��
QP
��
��P
P�"
O�
��
��
\��
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
APPROVAL OF ZONING CODE AMENDMENT NO. CA2015-004
FOR ESTABLISHMENT OF A HEIGHT OVERLAY DISTRICT TO
ALLOW INCREASED RESIDENTIAL BUILDING HEIGHT FOR
PROPERTIES LOCATED IN THE MULTIPLE RESIDENTIAL
ZONING DISTRICT IN STATISTICAL AREA A2 IN WEST
NEWPORT MESA (PA2015-047)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The City of Newport Beach initiated a Code Amendment with respect to property located
within the Multiple Residential (RM) Zoning District in Statistical Area A2 in West Newport
Mesa.
2. The Code Amendment establishes a Height Overlay District ("Overlay") to allow
increased residential building height in conjunction with the provision of enhanced
project design and amenities.
3. The subject properties are located in the RM Zoning District and the General Plan Land
Use Element categories are RM.
4. Lot 1 of Tract 8381 is located within the Coastal Zone and the Coastal Land Use Plan
designation is Multiple Unit Residential (RM-C). The remaining properties within the
Overlay are not located within the Coastal Zone.
5. On January 13, 2015, Council Member Tony Petros requested the City Council consider
initiation of a Zoning Code Amendment to allow increased residential building height in
the RM Zoning District in West Newport Mesa, west of Superior Avenue.
6. The City Council initiated a Code Amendment on January 27, 2015, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. 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 City Council at this meeting.
7. On March 19, 2015, the Planning Commission reviewed the Code Amendment as a New
Business discussion item in the Council Chambers located at 100 Civic Center Drive,
Newport Beach. 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.
Planning Commission Resolution No.
Page 2 of 6
8. A public hearing was held by the Planning Commission on April 9, 2015, in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place
and purpose of the public hearing 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 public hearing.
9. The Planning Commission expressed a desire to create a cohesive neighborhood
through the Overlay; however, it was determined that is difficult to achieve the desired
results in a built environment with multiple property owners. General Plan Policies LU
6.6.3 and 6.6.4 promote the establishment of a master plan for streetscape
improvements in West Newport Mesa. The Planning Commission considered that the
most appropriate mechanism to create a cohesive neighborhood would be to develop a
master plan for public improvements in the area.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt pursuant to Title 14 of the
California Code of Regulations (Section 15305, Article 19 of Chapter 3, Guidelines for
Implementation of the California Environmental Quality Act) under Class 5 (Minor Alterations
in Land Use Limitations). Class 5 consists of minor alterations in land use limitations in areas
with an average slope of less than 20 percent, which do not result in any changes in land use
or density. The Zoning Code Amendment creates a Height Overlay District to provide a
mechanism to request additional residential building height, which provides for minor
changes in land use limitations. The average slope of the properties involved is less than 20
percent and the project does not change the allowed land uses or density for any property
within the Height Overlay District.
SECTION 3. FINDINGS.
1. Zoning Code Amendments are legislative acts. Neither the City Municipal Code nor
State Planning Law set forth any required findings for either approval or denial of such
amendments, unless they are determined not to be required for the public necessity
and convenience and the general welfare.
2. General Plan Policy LU 6.6.2 promotes the development of a mix of residential types
and building scales within the densities permitted by the RM Zoning District land use
designation in West Newport Mesa.
3. The proposed amendment allows for the development of a product type that is three-
stories with a roof deck that is being developed in other cities in Orange County and
cannot currently be developed under the City Municipal Code requirements.
4. The proposed amendment allows for greater flexibility in project design and would
result in additional open space while maintaining the allowed gross floor area.
Compared with the current height limit with a more constrained building envelope, the
proposed amendment provides an opportunity for increased building articulation and
modulation.
03-03-2015
10
Planning Commission Resolution No.
Page 3 of 6
5. The proposed amendment would lead to street enhancements should properties be
redeveloped through the requirements for additional setbacks and quality architecture.
6. General Plan Policies LU 6.6.3 and 6.6.4 call for a cohesive and integrated medical
campus and livable residential neighborhood and encourage the development of a
master plan for streetscape, park, and other public improvements. A unified
streetscape design would enhance the appearance of West Newport Mesa and
provide a cohesive neighborhood identity.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends City
Council approval of Code Amendment No. 2015-004, which is applicable to properties
shown in Exhibit A and subject to Height Overlay District requirements set forth in Exhibit
B, which are attached hereto and incorporated by reference.
2. The Planning Commission recommends the City Council consider the development of
a master plan for streetscape and public improvements to provide cohesiveness and a
sense of place for West Newport Mesa.
PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF APRIL, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
03-03-2015
��
QP
��
��P
P�"
O�
��
��
\��
Planning Commission Resolution No.
EXHIBIT "A" Page 4 of 6
---1
`------�
1GTH�TW � � Cit of Costa Mesa
� �—
, I v
IPRODUCTION PL
i Q Q RM
i Q
>
o LU
RM
i RM 0
i
I15TH ST W
4v
RM 0
Legend
z
City Boundary
Statistical Area A2
RM Zoning District HOSPITAL RD
RM > 1 acre
Height Overlay District o soo 1,00eet
t.aF.�'tI Yl�,•Tr
Properties in the RM Zoning District in e
J ° Statistical Area A2
Code Amendment No. CA2015-004 PA2015-047 DRAFTN�W..IIBALBOAIMapslArcMaplplanninglVicinity__MapsIPA2015-047 CAHeight.mxd
��
QP
��
��P
P�"
O�
��
��
\��
Planning Commission Resolution No.
Page 5 of 6
EXHIBIT "B"
Height Overlay District
The Code Amendment includes the following:
1. Creation of a Height Overlay District within Municipal Code Chapter 20.28.
2. Amending the Zoning Map to show the Height Overlay District.
3. Amending Municipal Code Section 20.30.060 to reference the Height Overlay District.
4. The Height Overlay District includes properties located in the Multiple Residential (RM)
Zoning District within Statistical Area A2.
5. The Height Overlay District requires discretionary review through either a Site
Development Review or Planned Development Permit.
6. Properties eligible for the Height Overlay District must have a minimum lot size of one
acre.
7. The maximum height limit under the Height Overlay District is 40 feet for a flat roof and
45 feet for a sloped roof and three stories maximum.
8. These additional findings are required for the Height Overlay District:
a. The proposed project provides increased building setbacks from the streets and
property lines;
b. The proposed project provides project enhancements and on-site recreational
amenities for the residents above code requirements; and
c. The proposed project provides quality architecture and materials.
9. Quality of architecture will be reviewed for compliance with the following criteria:
a. Enhanced treatment of building elevations facing public streets with respect to
architectural treatment to achieve the highest level of design and neighborhood
quality (high-quality doors, windows, moldings, metalwork, finishes, stoops,
porches, etc.).
b. Building materials and colors should be selected that will complement the
proposed design and other buildings in the surrounding areas.
c. Building materials should be high-quality, durable, and authentic to the
architectural style.
d. If stucco is used it should have a smooth finish. Sand and lace stucco finishes
should be avoided.
e. Lighting should be selected to provide ambiance, safety, and security, without
unnecessary spillover or glare.
f. Building owners and tenants should keep the building elevations clean and in
good repair.
03-03-2015
-15
Planning Commission Resolution No.
Page 6 of 6
10. For projects that include a subdivision, the Height Overlay District requires the following
enhanced project design features:
Overall lot setbacks The RM setback requirements are applicable to
the overall development lot.
Minimum front setback for 25 feet from property line abutting public streets.
primary structure
15-foot front setback to include trees, shrubs, and
Street enhancements ground cover. Fences, walls, or hedges permitted
beyond 15' front setback.
Minimum side landscape 5 feet from property line abutting public streets to
setback from street include trees, shrubs, and ground cover, but no
fences, walls, or hedges.
Minimum 8-foot sidewalks, meandering sidewalk
Public sidewalks preferred for lots greater than 300' wide
(easement may be required for public access).
Common open space 100 square feet per unit dedicated to recreational
amenities (does not include pathways).
Recreation building, seating areas, barbecue/grill,
fire pit/fireplace, swimming pool/spa, bicycle
Recreational amenities racks/storage, activity area (such as playing
field/lawn, sport court, horseshoe pit, playground,
etc.), or similar amenities.
Additional guest parking Guest parking above the code requirement that is
where limited off-site on- distributed throughout site.
street parking is available
03-03-2015
10
Attachment No. PC 2
Draft April 9, 2015 PC Minutes
1j
��
QP
��
��P
P�"
O�
��
��
\��
NEWPORT BEACH PLANNING COMMISSION MINUTES 3/19/15
esponse to Vice Chair Kramer's inquiry, Assistant City Attorney Torres reported that according to
Muni6 I Code, matters such as this are to be reviewed by the Planning Commission,with a recommen on to
City Coun - In this instance, the project is not changing, but the timing of the payments will . The law
indicates that i i first reviewed by the Planning Commission and then by Council. He n d this is more
appropriate for Cou i review; however, it is included in the Development Agreement so it' efore the Planning
Commission. If there is ck of a recommendation or a"no" vote, the matter dies h and does not go before
Council.
Commissioner Hillgren stated the inten ' to pass this on to Council for' consideration.
Motion made by Commissioner Hillgren and s onded by mmissioner Koetting and carried to recommend
this item to City Council with a recommendation that ouncil consider additional incentives to the City for the
requested change in the timing of payments.
AYES: Hillgren, Koettin , nd Myers
NOES: Kramer an cker
RECUSED: Lawler
ABSENT: B n
Chair Tucker st there are some matters where City Council does not care what the anning Commission
thinks. He ed that Council will figure out whether they want to ask for more incentives, or n
C issioner Lawler returned to the Chambers and took his place on the dais.
VIII. NEW BUSINESS
ITEM NO.4 HEIGHT OVERLAY DISTRICT ZONING CODE AMENDMENT FOR WEST NEWPORT
MESA(PA2015-047)
West Newport Mesa
Discussion of a Zoning Code Amendment to allow increased residential building height in the Multiple
Residential (RM) Zoning District within Statistical Area A2 in West Newport Mesa in conjunction with the
provision of enhanced project design and amenities.
Associate Planner Nueno provided a PowerPoint presentation addressing the proposed amendment, vicinity
map, initiation of the amendment by City Council, land uses in the vicinity, General Plan policies implemented
through the Zoning Code, height limits for properties in the district, building height stipulations, and details of the
proposed guidelines for the district. She presented an example of a nearby project that could be developed
through the height overlay. Associate Planner Nueno noted the need for Planning Commission feedback and
stated that depending on the discussion and direction provided, staff will schedule a noticed public hearing for
the next Planning Commission meeting and that, if approved by the Commission, the matter will be forwarded to
City Council for review. She added that correspondence was received and forwarded to the Commission
regarding the development of a specific plan for the area. However, Council has only directed the establishment
of an overlay district, at this time.
In answer to Commissioner Hillgren's questions, Associate Planner Nueno stated that forty feet would be the
maximum height for sloped roofs and flat roofs and would accommodate a three-story design with a roof deck
and guardrail. She added that the proposed height overlay would be for additional height over what is already
allowed under discretionary approval in order to allow for a three-story design with a roof deck to take advantage
of views in the area. In order to provide enhanced amenities, enough area is necessary, and the Planned
Development Permit requires a one acre minimum. Smaller lots have the potential to be merged in order to take
advantage of the overlay district. If the site is less than an acre, it may not be large enough to provide any
benefit to the City or neighborhood for having the additional height. She addressed existing and proposed
setback requirements as well as landscaping, creation of a "village" and street improvements, and noted that the
guidelines will help with development of a cohesive, public realm.
Page 6 of 9
J_9
NEWPORT BEACH PLANNING COMMISSION MINUTES 3/19/15
In reply to Chair Tucker's inquiry, Associate Planner Nueno stated that evaluation would be done on a case-by-
case basis in terms of those wanting to take advantage of the overlay.
Chair Tucker commented on specific plans and Deputy Community Development Director Wisneski noted that,
in this kind of setting, specific plans have been used less and less as this is a built environment with multiple
property owners. In such cases, master programs and design guidelines are more commonly used.
Discussion followed regarding parks, getting cooperation from property owners, and creating and offering
incentives for public benefits.
Chair Tucker opened public comments.
Alan Beek, SPON Secretary, referenced a letter submitted to the Commission and commended staff for focusing
on the subject area. He added that staff is making a good start in the right direction and suggested holding
community meetings regarding the issue, and stated that SPON is concerned that the entire area should be
treated comprehensively rather than piecemeal.
Jim Mosher spoke of the need for clarity in terms of what Council expects the Planning Commission to achieve.
He discussed the process of the initiation and how it was brought about at the request of Council Member Petros
with little direction to the Planning Commission. He commented on promises made that have not been realized
regarding implementation of specific plans.
David Szecsei spoke regarding the bottom portion of the subject zone as being included within the coastal zone
and asked if consideration has been given to a possible need for approval from the Coastal Commission.
Additionally, he wondered why the same differential cannot be made regarding the heights of sloped roofs at 40
feet versus 35 feet for flat roofs, and required guest parking is not as clearly defined as the common open space
requirement and suggested stating a specific percentage above the code requirement. He wondered whether
the impact of additional traffic has been considered and mentioned the possible need for a traffic study. He
suggested the need for more discussion with all stakeholders.
Coralee Newman, Principal of Government Solutions, 1881 Dover Drive, resident of Newport Beach, and
representative for the property owner that initiated the discussion, commented positively on the proposed
overlay. In terms of traffic and the General Plan of 2006, the public voted on the General Plan and stated that
they saw this area as high-density residential. However, there is no intent to increase density and that the
request is that the area be considered to be improved with a new type of product that currently is not allowed.
There is no new traffic being generated by the proposal. She added that this is asking the Planning Commission
for the ability to do some creative planning and that the product is very popular with the younger demographics.
The proposed zone change is not forcing anyone to build that product, but merely allowing development of the
same. She noted that the benefit includes the ability to do some beautification with greater setbacks, more open
space, and more parking than what currently exists. She added that the subject property is within Council
Member Petros's district and that is why he brought it forward to Council.
Chair Tucker closed public comments.
In reply to Chair Tucker's question, Associate Planner Nueno reported that the size and unit count would remain
the same or may decrease because of the additional setbacks and amenities required and confirmed that the
floor area would be more vertical. Chair Tucker expressed concern about reducing the floor area, but noted that
this is just another option available for new development.
Deputy Community Development Director Wisneski added that it can be demonstrated that an 18 dwelling units
per acre development can be achieved with the stated setbacks and on-site amenities and that the overlay offers
flexibility.
Discussion followed regarding the density, parking, landscaping, providing views, setbacks, amenities, and open
space.
Chair Tucker commented on specifying the quality of the architecture and materials.
Page 7 of 9
20
NEWPORT BEACH PLANNING COMMISSION MINUTES 3/19/15
Deputy Community Development Director Wisneski noted that language can be added to the code specifying
criteria to ensure quality of the architecture and materials.
Chair Tucker stated he would like that explicitly addressed.
Associate Planner Nueno reported that depending on the feedback at this meeting, staff can have the matter
scheduled for a public hearing on April 9th.
Commissioner Hillgren commented on the density and the possibility of increasing the number of units or floor
area ratio.
Deputy Community Development Director Wisneski reported that staff does not anticipate offering a density
bonus and that more units would only be allowed subject to the density-bonus law(affordable housing).
Discussion followed regarding the possibility of a bonus density with the contribution of some community benefit.
It was noted that doing so would require a General Plan Amendment.
Vice Chair Kramer commented positively on the proposed overlay and stated his support. He stated he would
like additional discussion regarding the possibility of adding five feet relative to a sloped versus flat roof for
increased architectural breadth in the area.
Commissioner Koetting commented on the need to consider signage and crosswalk amenities to identify the
,'village"for increased cohesiveness as part of a specific plan.
Chair Tucker commented on the Planning Commission's free reign as this is an area under the Commission's
jurisdiction, and commented positively on the proposed overlay. He directed staff to move forward with the
ordinance, schedule the matter for a public hearing, and that this direction does not imply that the Planning
Commission will recommend approval as presented at the next hearing. Chair Tucker confirmed that there was
no opposition to the direction provided by the Commission to staff.
STAFF AND COMMISSIONER ITEMS
I NO. 5 MOTION FOR RECONSIDERATION - None
ITEM NO. 6 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
Deputy Community D lopment Director Wisneski reported that on March 10 , Council conducted a study
session related to alcohol-s ing establishments on the Peninsula. The res a quested the business
community to come together pro ting a best-practices approach and s ing knowledge to address issues that
have been raised. Additionally they uested that any pending a ications that would have been addressed
through the Zoning Administrator, be pre ted to the Plannin ommission. She added that currently, there is
one pending application for alcohol to be se at Lido e Theater which will be presented to the Planning
Commission within the next few months.
Regarding Sessions, the deadline for appeal s today and ppeals were filed.
Council approved condominium reg ions for Balboa Island and at it ext meeting the Council will consider an
initiation for a minor code clean hat will be presented to the Planning Co ission,for review.
Deputy Community D elopment Director Wisneski addressed the Planning Com sion schedule for future
meetings and ite for discussion. She offered options for meeting times for a study sion on April 9th to
discuss the L .
The anning Commission concurred to meet at the regular time, 6:30 p.m.
Page 8 of 9
21
��
QP
��
��P
P�"
O�
��
��
\��
Attachment No. PC 3
Correspondence Received
2S
��
QP
��
��P
P�"
O�
��
��
\��
March 30, 2015
SUBJECT: HEIGHT OVERLAY DISTRICT ZONING CODE AMENDMENT FOR WEST
NEWPORT MESA (PA2015-047)
Dear Chairman Tucker and Members of the Commission:
I am a homeowner within the proposed West Newport Height Overlay District.
Please consider the following before making any decision on this proposed subject,
which seeks to allow increased residential building heights in Statistical Area 2 ("SA2").
SA2 has no Specific Area Plan. It is governed by the generic zoning code with respect
to height, floor area ratio, setbacks, parking and guest parking, etc., applicable to the
City generally where there is no Specific Area Plan.
The Housing Element of the Newport Beach City's General Plan is required by State
Law to conserve and improve the condition of housing and neighborhoods, including
existing affordable housing; and Preserve for lower income households the publicly
assisted multi-family housing developments within each community.
Within the proposed Height Overlay District are 6 apartment complexes housing 152
very low, and low income households. There are also 4 mobile home parks within the
District which house 298 households, many extremely low, very low and low income
households.
Based on a survey conducted for the Relocation Impact Report prepared for the Ebb
Tide Project by Overland, Pacific & Cutler, Inc., page 6 states: "Eighteen of the 24
respondent households reported gross household income, and the results are as
follows: six households qualify as Extremely Low Income; two households qualify as
Very Low Income; eight households qualify as Low Income; and two households qualify
as Moderate Income."
Because a portion of the area within SA2 is within the Coastal Zone, the Commission's
review should consider potential impact to the Coastal Land Use Plan; there is no
mention of this in the March 19 meeting agenda. There is also no mention of the
Affordable Housing rules which apply to properties within the Coastal Zone, and what
possible impacts from this proposed code amendment might be in the future from the
loss of affordable housing, which would be a likely result if this subject is approved.
25
The Coastal Land Use Plan states "should a conflict exist, the land use intensity or
residential density limit that is most protective of coastal resources shall take
precedence".
Policies Section 2.2.2-4 states "Implement building design and siting regulations to
protect costal resources and public access through height, setback, floor area, lot
coverage, building bulk, and other property development standards of the Zoning Code
intended to control building placement, height, and bulk."
Has the proposed Height Overlay District Code Amendment been reconciled to the
Coastal Land Use Plan to determine if it is most protective of coastal resources
compared to the existing Coastal Land Use Plan, and what additional steps might need
to be taken to comply and obtain approval, if applicable?
"Additional guest parking" is vague. Current zoning requires one guest parking space
for every two units. One option might be to define the additional guest parking increase
similarly to how the common open space/unit increase is defined; for example, the
current code requires 75 sf of common open space/unit, and the proposed Code
Amendment clearly defines the increase to100 sf; 25 sf increase or 33%. The proposed
language for the proposed Code Amendment could be drafted to include clearly written
requirements such as two guest parking spaces for every three units to achieve a
similar proportional increase and clearly define the new requirements.
"Additional findings required" is vague and more specific and transparent language
should be provided in advance of a future public meeting before the Commission
considers taking a vote on the subject.
Has the proposed Code Amendment been evaluated to determine if this would be
considered a "major" amendment to the Land Use Element of the City's General Plan,
and therefore be required to be put to a public vote?
The proposed Code Amendment agenda states that a three-story building with a roof
deck cannot be accommodated within the 32-foot guardrail height limit, which brought
about the Code Amendment. However, the One Nautical Mile Subdivision (three
stories) within SA2 was developed in 2005 under current City Municipal Code height
limits and is within a half mile of the proposed Ebb Tide Subdivision. I suggest the
Commission consider inquiry of the Applicant for the Ebb Tide Subdivision (PA2014-
110) to explain why special new rules should be adopted to accommodate the proposed
Ebb Tide Subdivision when the current Municipal Code was sufficient to allow
development of an almost identical Subdivision, One Nautical Mile?
20
Significant increase in traffic in the proposed District would be likely, as most one and
two level structures within SA2 will be quickly replaced by three level structures. The
Commission should consider a Traffic Study to identify long-term impacts that could be
expected in the area. The Commission should also consider the need to amend the
City's General Plan and obtain voter approval for significant increase in traffic that
would be expected quickly in the Statistical Area.
The proposed Height Overlay District Code Amendment is being rushed through with no
defined Plan in order to benefit one developer within the District representing about 5%
of the total land area without giving the owners and residents of the other 95% of the
total land area sufficient time to study the proposal or even comment upon it.
This proposed Overlay District was first brought to public discussion on Thursday March
19, and public comments are closed by Monday, March 30 to be included in the April 9
agenda, leaving only 7 business days for Staff to draft and review the new Code and
have City Attorneys review for potential legal implications, including California Coastal
Land Use Plan and the City's General Plan Housing Element. Is 7 days a sufficient
amount of time to fully conduct this complicated process, and also a reasonable amount
of time to allow the public to study the proposal sufficiently and consider all of the
relevant impacts, many of which are likely significant?
The West Newport Mesa area should become a place where the design features of the
whole area make for a livable community with appropriate facilities included so as to
fulfill the requirements of new planning rules calling for more "walkable, livable,
sustainable" areas where people don't have to involve their cars for their every need.
There is currently no design or community plan for the area that will allow the increasing
residential population to provide for most of their needs within a short distance of their
home. There should be a new Specific Area Plan for Statistical Area 2 prior to
piecemeal amendments.
I respectfully request the Commission postpone its decision on the Height Overlay
District Code Amendment to allow sufficient time to conduct a full study of the potential
impacts; to allow preparation of a new Specific Area Plan for Statistical Area 2; and to
prevent the rushing of this complex proposal to benefit one developer by sacrificing the
rights of the numerous business and home owners and residents neighboring the
developer within the District.
Thank you for the opportunity to comment on this proposal.
David Szecsei
27
•City Council does not need your vote to reduce development or traffic:only to INCREASE it.The only reason this Measure is on the
ballot is because the City Charter requires voter approval of General Plan amendments that significantly increase traffic,residences or
square footage of development in"statistical areas,"in this case Newport Center and the Airport Area.
. . . . Affordable)
Eadiest
Possible
Date of
"act Nome/Locoten Typ e of AssWance Received Change Number of UntslType
Section 8(rental assistance voudiers)
Newport Harbor Apartments Density Bonus 2020 26 Lav-Income
1538 Placentia Avenue Community Development Stock Grant
(CDBG)
Section 8
Newport Harbor I Apartments Density Bonus 2023 10 Law-Income
1530 Placenta Avenue CDBG 4 Very Law-Income
In-Lieu Fee Funds
Section 8
Newport Seacrest Apartments CDBG 2016 20 Very Law-Income
843 15^Street Fee Waivers 45 Law-Income
Tax Credit Finandng
Pacific Heights Apartments Section 8
8814387 W.151h Street 0�4y Bonus 2019 7 Low Income
Newport Seashore Apartments Section 8
849 West 15^Street Fee Waivers 2018 15 Law•Ircome
Newport Seaside Apartment Section 8
1544 Placenta CDBG 2017 25 Very Low-Income
Fee Waivers
Sea view Lutheran Plaza(Seniors) Section 202(federal grant) 2039 100 Extremely Low and
2800 Pacific View Orae Section 8 IVery Low-income Senior
Via del Este 2026 2 Moderate-Income
401 Seaward Road - (ownership)
Via Siena 3 Moderate-income
2101 15,Street Density Bonus 2021 (ownership)
Bryview Landing(Seniors) IMieu Fee Funds 24 Very Low
1121 Bads Bay Drive Tax Feedrt iversdng 2056 95 Low-income
SOIRCE Ory dNenpor Beach PranmgD•.san
lldendll�, adeTate otic to Facilitate acni encourage rage the de%vks fsment, nuntenance and limprwovwwritalf
hr usi,Yg for hausehdds of all ocistornic levee. iurluding fsermxis with ckubihtiem. Remove, as Yl�
f asihle and apprOpriate,9",tpIUIr r1tJ con trailtar to dee proiduction, maintmance.and improwvnw-nt
of hau.+sing fir prersom or an incouwc iti-asincluding periom with dimbihiles; rmisa in the dcw•tlaspmast
„f adCgUAtC h0li ting to meet the "CCS Of kM-- aa►d ra te- n me 6-PU l•+K-Ms; C*rmTUV and
irniprove he emawdn or hong and rsugl$,orFxx-k it:cftis N chrfic! adlRoTcl.rhk hourdne; V'rombtL-
lxmft oFpamrnit9ft for all Fwrsow repirdless of ram,rehgton6 sex.marital s;taan.ancestry-,national
origin, coloir. Ifannilisl sinus. 4r dLubrirty; and Pres-Ne rbr Ewer hir-amw hous6olds the puhlirly
armiaedmulti-family hnudrrrg deve.Upments witUri ewe community.
Tile Housing Flemient is mandated by Sectkms 6SS90 to 65589 of the Gover=ant Code. State
Housing Element lair requires that e:cis city and county idenit 6- and xtalyzc existing arta ejected
hosing needc. within its jurisdiction Arul prqAre goils.palseks, progpms,and yuwtified objrectives.
to further the dcvclt prat Lt, impm%viiertt, And pteseav tion of hcjusing. Tn than end. Shane law
reyaBres that time hrpuair g elernent.
22
TabIeH11 Mobil&
Moble Home Park a Address Tdd•d Spoces i d Acres i d Spacesl Acre
B ayside V gage
300 East Coast HghNay 270 �4:� 10.95
Beach and Bay
47 1.41 33.33
7204 W.Coast Hgvay
h
CanneryVi" 34 1.40 24.29
700 Lido Park Drive(replaced with manufactured homes)
Ebb Tide4.16 20.67
1564 Placentia Avenue
Newport Sands(two-sbry manufactured homes) 12 0.31 38.71
7000 W.Coast Highovay
Harbor
1535 Superior Avenue 37 192 19.27
Udo Peninsula Resort
ive 214 12.40 17.26
710 Lido Park Dr
Manna Park' 58 4.94 11.74
1770 W.Balboa Blvd.
Newport Terrace F56427 13.11
824 W. 15th St
Sea life Moble Park" 119 9.11 13.06
890 West 15''Street
Total(10 Parks) 933
SOURCE 1?-ie0ydNepor.Beach PamngDvscn.2W7
'Fppvied krdoure.
!op vved krdosum Det renarvV open per personal=mrraaon wti"rw9v Feb"")2013
Additional guest parking Guest parking above the code requirement that is
where limited off-site on-
street parking is available distributed throughout site
Common Open Space
Dedicated t0 Recreational 100 square feet per unit
Amenities (does not
include pathways)
Code Amendment
The Code Amendment would create a Height Overlay District that would provide a
mechanism to request additional height above the 32 flat/37 sloped roof limit for
properties that meet certain criteria. The City has a pending application for a residential
subdivision within the potential Height Overlay District. The design is a three-story
building with a roof deck in order to better take advantage of views, which cannot be
accommodated within the 32-foot guardrail height limit. This project brought about the
Code Amendment.
�9
2.0 Land Use and Development
2.1 Land Use
The Coastal Land Use Plan was derived from the Land Use Element of the General
Plan and is intended to identify the distribution of land uses in the coastal zone. The
Land Use Element may contain more precise development limits for specific
properties. Should a conflict exist, the land use intensity or residential density limit
that is most protective of coastal resources shall take precedence. However. in no
case, shall the policies of the Coastal Land Use Plan be interpreted to allow a
development to exceed a development limit established by the General Plan or Its
implementing ordinances.
2.1.1 Land Use Categories
Policies:
2.2.2-1. After certification of the LCP, require a coastal development permit for all
development within the coastal zone, subject to exceptions provided for
under the Coastal Act as specified in the LCP.
2.2.2-2. Incorporate coastal development permit procedures into the
implementation plan to ensure that all public and private development in
the coastal zone is consistent with the LCP.
2.2.2-3. Prior to approval of any coastal development permit. the City shall make
the finding that the development conforms to the policies and
requirements contained in the Coastal Land Use Plan.
2.2.2-4. Implement building design and siting regulations to protect coastal
resources and public access through height. setback. floor area, lot
coverage. building bulk. and other property development standards of the
Zoning Code intended to control building placement, height.and bulk.
1 11 ALUILLM
PA2014-110 Address
T52014-007-Traffic Study 1560 PLACENTIA AVE
CA2014-006-Code Amendment
PC2014-003-Planned Comm Devlop Plan
NT2014-002- Tentative Tract Map
SD2014-004-Site Development Review
Contact:F.Nueno-949-644-3227
Status:APPLIED Applied:6/20/2014 Follow-up Rev:
Approved: Final: Effective:
Description:TENTATIVE TRACT MAP AND MAJOR SITE DEVELOPMENT REVIEW
Date Activity-Status
06120/2014 Application-SUBMITTED
07/18/2014 Letter Sent-APPLICATION DEEMED INCOMPLETE
08/12/2014 Other-APPLICANT SUBMITTED ADDITIONAL INFORMATION ON
JULY 29,2014.APPLICATION IS STILL INCOMPLETE.
09/24/2014 Other-ADDITIONAL INFORMATION SUBMITTED BY APPLICANT.
10/22/2014 Letter Sent-APPLICATION REMAINS INCOMPLETE.
CnY OF NEWPORT100 CMC CENTER 1' 1' 1 I
3200
30
Planning Commission - April 9, 2015
Item No. 2a: Additional Materials Received
Height Overlay District Zoning Gode-Amen m9nt for West Newport Mesa (PA2015-047)
Still Protecting Our Newport Inspiring The Next
Generation
PO Box 102 I Balboa Island , CA 92662 949 . 864 . 6616
April 6, 2015
OFFICERS
PRESIDENT
Marko Popovich City of Newport Beach Planning Commission
c/o Larry Tucker, Chair
VICE PRESIDENT
Elaine Linhoff Subject: Height Overlay District Zoning Code Amendment for West Newport
TREASURER Mesa (PA2015-047)
Dennis Baker
Dear Chairman Tucker and Members of the Commission,
SECRETARY
Allan Beek Please consider these comments as a follow-up to our prior letter of March 18 in
which we requested that you recommend a Specific Area Plan be prepared before
any piecemeal amendments for Statistical Area 2.
BOARD MEMBERS
Nancy Alston We recognize that the direction given to you by the City Council was simply to
Iryne Black consider and make a recommendation about the Height Overlay Amendment —
Sandy Genis but are appreciative of the discussion you have had and consideration of the value
Don Harvey of cohesiveness in planning for that area.
Dorothy Kraus
Donald Krotee
Andrea Lingle As we have delved further into the matter we find many references to the area in
Bobby Lovell various elements of our General Plan. All of them lead one to believe that a
Jeanne Price Specific Area Plan or some variation of cohesive planning for the area is needed,
Melinda Seely wanted, and referred to often in City documents.
Jack Skinner
Nancy Skinner
Jean Watt In fact,the General Plan calls for a Specific Area Plan for the area albeit only using
Portia Weiss the word "should" as a general direction. Examples of applicable General Plan
Terry Welsh provisions include but are not limited to the following:
STOP
o` A 501.c.3 non-profit public education organization working to protect and preserve the residential and
y environmental qualities of Newport Beach.
y �?
OUR www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org
FB SPON-Newport Beach I Twitter @SPONNewport
Planning Commission - April 9, 2015
Item No. 2a: Additional Materials Received
Height Overlay District Zoning Gode-Amen m9nt for West Newport Mesa (PA2015-047)
Still Protecting Our Newport Inspiring The Next
Generation
PO Box 102 I Balboa Island , CA 92662 949 . 864 . 6616
April 6, 2015
Page Two
• Natural Resource Element, Policy 6.1: "Provide for walkable neighborhoods to reduce vehicle
trips by siting amenities such as services, parks and schools in close proximity to residential
areas."
• Circulation Element, Policy 5.1.2: "Link residential areas, schools, parks and commercial
centers so that residents can travel within the community without driving."
• Land Use Element, Policy, Policy 6.6.4: " Work with property owners and encourage the
preparation of a master plan for the residential neighborhood defining park and streetscape
improvements that provide amenity for local residents and enhance the area's identity. "
• Implementation Program, Imp. 3.1, Preparation of New Specific Plans: "As specific plans are
considered by the state OPR to be especially useful for large projects and sites with
environment constraints, there are several potential applications in the City of Newport
Beach. These may be prepared by either the City or private sector. However, responsibility
for their adoption lies with the City Council."
• Implementation Program, Imp. 3.1, b: "Specific plans may also be considered to satisfy the
regulatory planning requirements for the residential villages proposed for the Airport Area
and the integration of the mix of medical related, housing, commercial, and industrial uses in
West Newport Mesa. In these cases, the specific plans would serve as important tools to
guide the development of multiple properties into a cohesive district. It would establish
standards for a suitable interface among the diverse permitted land uses, a high level of
architectural design and site landscape, and the incorporation of parklands, unifying
streetscapes, and other amenities."
STOP
o` A 501.c.3 non-profit public education organization working to protect and preserve the residential and
y environmental qualities of Newport Beach.
y �?
OUR www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org
FB SPON-Newport Beach I Twitter @SPONNewport
Planning Commission - April 9, 2015
Item No. 2a: Additional Materials Received
Height Overlay District Zoning Gode-Amen m9nt for West Newport Mesa (PA2015-047)
Still Protecting Our Newport Inspiring The Next
Generation
PO Box 102 I Balboa Island , CA 92662 949 . 864 . 6616
April 6, 2015
Page Three
The finding that"A unified streetscape design would enhance the appearance of West Newport Mesa
and provide a cohesive neighborhood identity" leaves a great deal to be desired in terms of an area
plan to accomplish the goals designated by many of our general plan policies as well as the current
planning standards aimed toward achievement of "sustainable" communities and those in which
people have the facilities and amenities needed to have a "livable" neighborhood and one which
doesn't require constant and distant use of the automobile.
The West Newport Mesa may present some challenges in that it has multiple owners but certainly
that doesn't preclude cohesive and strategic planning for the area. In fact, given the current
transitional status of the area, it seems like the perfect place to do such planning.
In short,we do not believe that you are adhering to the clearly articulated General Plan goals, policies
and programs. We need to work together to define and implement a cohesive planning process for
the entire West Newport Mesa area.
Thank you again for the opportunity to comment.
%K& ;V"`"
President
Copies to:
Kory Kramer, Vice Chair Kim Brandt, Community Development Director
Jay Myers, Secretary Brenda Wisneski, Dep. Community Development Director
Tim Brown, Commissioner Fern Nueno, Associate Planner
Bradley Hillgren, Commissioner Tony Petros, Council Member District 2
Peter Koetting, Commissioner
Ray Lawler, Commissioner
STOP
o` A 501.c.3 non-profit public education organization working to protect and preserve the residential and
y environmental qualities of Newport Beach.
y �?
OUR www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org
FB SPON-Newport Beach I Twitter @SPONNewport
Planning Commission - April 9, 2015
Height Overlay District 1nAMestd14LMN0GjrtrTAesweeting
Height Overlay District Zoning Code Amendment (PA2015-047)
Code Amendment No. CA2015-004 ( PA2015-047)
'771
City Boundary City of Co t e...
♦.
Aa
Wl�N
_ •�, X�j� a��a - -� Nie M i
5 it
O
B
I
401 Of
Planning Commission `�► .•
Public Hearin
g _
April 9, 2015
Planning Commission
Item • • Additional RT •
H,ig11 1,
RM Properties u
[ I
OHMS WAY w
-- —ii -- -- '� ^-- ; City of Costa Mesa
PF ` ti°GsTR.
y
I W
PPRODUCTION PL C
I r
z
W W
o RM a
P
O�
15T H ST W g '9
CN Q
F+%LYARD FAQ^ ... .;,•a 'P/'
R
PC z �w
4
Legend o
— - City Boundary
Statistical Area A2 A, HOSPITAL�- MC _RD__ HOSPITAL RD �'�OSgTq� �
mA
RM > 1 acre N� NEIL �C HOAG°R
C,PGN LN !�d yc j 2
Planning Commission - Anril 9, 2015
Item No. 2b: Additional Materials Presen :, ,,, seting
ht rlay District Zoning Code Amendme -047)
OverlayDistric'i anges
apStreetsce Master Plan
Planning Commission - Anril 9, 2015
Item No. 2b: Additional Materials Presen :, ,,, seting
Height Overlay District Zoning Code Amendme "--047)
Photograph
r
� o
iEE
■
i
Planning Commission - Anril 9, 2015
Item No. 2b: Additional Materials Presen :, ,,, seting
na Height Overlay District Zoning Code Amendme "1 '--047)
Renderi
At
I `
I� f
A
'Aid
- -.- - - K',• r: r r.:. � rF,sf�,�,�fi�i�y�.h,i �,S
IIA
Planning Commission - Anril 9, 2015
Item No. 2b: Additional Materials Presen -�eting
Hat OvIrlay District Zoning Code Amendme "--047)
Tentatnive Sche u e
April 9t" : PC Public Hearing
May 12t" : CC Public Hearing
May 26t" : CC Second Reading of Ordinance
June 26t" : Ordinance Effective
6
Planning Commission - April 9, 2015
Item No. 2b: Additional Materials Presented at Meeting
w i h+ nwnr'ay District Zoning Code Amendment (PA2015-047)
•
j
For more information contact:
Fern Nueno
949-644-3227
fnueno@newportbeachca.gov
www.newportbeachca.gov
Planning Commission - April 9, 2015
Item No. 2c: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
Height ODistrict Zoning
Code Amendment
Public Comment :
Sunti Kumjim
Planning Commission - April
Item No. 2c: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
q14L=FS—, -
r sw.
a 1
_ .:� rte- �._ z ��.•
\it
s
PC
y
sit-
M
41
AA
��Y\i=a �I•�1- �1 I� l I i it f 4 �� /Y�
d.. _ w. �: did ,Fc r ti r�.E t ♦li �.t
aX. ow
Planning Commission - April 9, 2015
s` J Item No. 2c: Additional rials Presented at Meeting
Height Overlay District Zoning mendment (PA2015-047)
Planning Commission - April
Item No. 2c: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
/L
Mir
4
.all. 1
l
Pland Commission - April 9, 2015
Item No. 2c,,'Additionalerials Presented at Meeting
Hei erl Zoning Amendment (PA2015-047)
U I
irk
71
I
•�l
P I y I ♦ 1
tt11 ! £
)yet f!iyi-��
Planning Commission - April
Item No. 2c: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
l rt
�j
�` . / S,�•
�`o
Planning Commission - April 9, 2015
Item No. 2c: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
i 71r
11 n` B n LEGEND
J 1. m ,y<ae!db M hmoae7 ^d enf w sd G�:b 9 I.�e h M aae a hov:L pod N+>x f
2 Secogay e•aebn-K eea aM std,eMCrmen!uwrbr,`L6C,.mrd oea0y arta.Tb arta r.alar d to Poo e��
7. Wao04ee.aea:bdefreafe: b..aao wd gecee.�.
..1. I I�� ��r��'� ■+�y�m a Ad-h!k&b .cboeta.yradae�abde:earg
+ 6. �a-ofea,dNe tea Raepbde
A pad ac.tde,e-. de pavg.
— — L. Enbr.-se Eee.pewg eu.pad sae
� 5. lw eab belxpe uxgaca0eb an0 wean gmxx
1Q �?K'�bllenmbouleaepaa.k sexes
14
=-
• - F
1 06 —SAPANG miss// ■/
� c
I\// /■/■/■/// ■■//g //M/■i/�////r - ■one //■/////
9 ] 4 4
® ta. Schematic Enlargement Plan - Community Recreation Club
Planning Commission - April
Item No. 2c: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
Thank you
iy
I JV
01
i
r
3
.r
� w
Planning Commission - April 9, 2015
Item No. 2d: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
EXHIBIT "B"
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B)
Sections:
20.28.010 Purposes of Overlay Zoning Districts.
20.28.020 Mobile Home Park(MHP)Overlay Zoning District.
20.28.030 Parking Management(PM)Overlay District.
20.28.040 Bluff(B)Overlay District.
20.28.050 Reserved.
20.28.060 Height(H)Overlay District
Add Subsection 20.28.010(D):
D. Height(H) Overlay District. The H Overlay District is intended to establish standards for review of increased
building height in conjunction with the provision of enhanced project design features and amenities.
Add Section 20.28.060:
20.28.060 Height Overlay District
A. Applicability. The Height Overlay District includes properties located in the Multiple Residential (RM)Zoning
District within Statistical Area A2.
B. Discretionary Review. A request for an increase in building height under the provisions of the Height (H)
Overlay District requires discretionary review through either a site development review or planned development
permit.
C. Eligibility. Properties eligible for the Height (H) Overlay District must have a minimum lot size of one (1)
acre.
D. Maximum Height. The maximum height limit is forty (40) feet for a flat roof and forty-five (45) feet for a
sloped roof. The development shall be three (3)stories maximum.
E. Required Findings. The review authority may approve a planned development permit or site development
review to allow a project in compliance with this Section only after finding all of the following in addition to the
findings required for the discretionary permit application and the findings required by Subsection
20.30.060(C)(3):
1. The proposed project provides increased building setbacks from public streets and property lines
above code requirements;
2. The proposed project provides project enhancements and on-site recreational amenities for the
residents above code requirements; and
3. The proposed project provides quality architecture and materials.
F. The following standards should be considered for compliance with Finding E(3)above:
Planning Commission - April 9, 2015
Item No. 2d: Additional Materials Presented at Meeting
Height Overlay District Zoning Code Amendment (PA2015-047)
1. Enhanced treatment of building elevations facing public streets with respect to architectural treatment
to achieve a high level of design and neighborhood quality (e.g., high-quality doors, windows,
moldings, metalwork, finishes, stoops, porches, etc.).
2. Building materials and colors should be selected that will complement the proposed design and
existing buildings in the surrounding area.
3. Building materials should be high-quality, durable, and authentic to the architectural style.
4. If stucco is used it should have a smooth finish. Sand and lace stucco finishes should be avoided.
5. Lighting should be selected to provide ambiance, safety, and security, without unnecessary spillover or
Iq are.
6. Building owners and tenants should keep the building exteriors and facades clean and in good repair.
G. Subdivisions. Projects that include a subdivision shall adhere to the following criteria in order to ensure the
provision of enhanced project design features:
1. Overall Lot Setbacks. The Multiple Residential (RM) Zoning District setback requirements are
applicable to the overall development lot.
2. Primary Structure Front Setback. The minimum setback for primary structures is twenty-five (25) feet
from any front property line abutting a public street.
3. Street Enhancements. A landscaped area is required within the first fifteen (15) feet of the front
setback, and shall include trees, shrubs, and ground cover. Fences, walls, or hedges are allowed
beyond the fifteen (15)foot front landscape setback.
4. Side Landscape Setback. A minimum five (5) foot landscape setback is required from any side
Property line abutting a public street, and shall include trees, shrubs, and ground cover. Fences, walls,
or hedges are allowed beyond the five (5)foot setback.
5. Public Sidewalks. Sidewalks are required to be a minimum width of eight (8) feet. A meandering
sidewalk design is preferred for lots greater than three hundred (300) feet in width and must be
designed to be compatible with abutting properties.
6. Common Open Space. A minimum of one hundred (100) square feet of common open space per unit
is required, not including pathways, and must be dedicated to recreational amenities.
7. Recreational Amenities. Recreational amenities are required and may include a recreation building,
seating areas, barbecue/grill, fire pit/fireplace, swimming pool/spa, bicycle racks/storage, activity area
(such as playing field/lawn, sport court, horseshoe pit, playground, etc.), or similar amenities.
8. Additional Guest Parking. Where limited off-site, on-street parking is available, quest parking is
required above the code requirement and must be distributed throughout the site.
Modify Subsection 20.30.060(C)(2)(b) to read as follows:
b. RM and RMD Zoning Districts Height Limit Area. In this height limit area the base height limit
for structures with flat roofs is twenty-eight (28) feet (including guardrails and parapet walls) and
the base height limit for structures with sloped roofs is thirty-three (33) feet. The height of a
structure may be increased up to a maximum of thirty-two (32) feet with a flat roof or thirty-seven
(37) feet with a sloped roof through the approval of a discretionary application as provided above.
This height limit applies in all RM and RMD Zoning Districts as shown on the Zoning Map. For
properties located within the Height (H) Overlay District, the height of a structure may be increased
to a maximum of forty (40) feet with a flat roof or forty-five (45) feet with a sloped roof pursuant to
Section 20.28.060.