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Home My WebLink About1977 - ZONING CODE AMENDMENT FOR A HEIGHT OVERLAY ZONE - 1 Citywide Project RESOLUTION NO. 1977 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. 1977 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 feasible mechanism to contribute towards a cohesive neighborhood appearance would be for the City 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 Planning Commission Resolution No. 1977 Page 3 of 6 5. The proposed amendment would lead to street enhancements should properties be redeveloped pursuant to the overlay 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 contribute toward a cohesive appearance and a sense of place for West Newport Mesa. PASSED, APPROVED, AND ADOPTED THIS 9T" DAY OF APRIL, 2015. AYES: Brown, Hillgren, Koetting, Kramer, Myers and Tucker NOES: None ABSTAIN: None ABSENT: Lawler BY ®�- Larry Tucker, Chairman Secretary 03-03-2015 Planning Commission Resolution No. 1977 EXHIBIT "A" Page 4 of 6 I I � I ---��—� 16TH ST W City of Costa Mesa II I PRODUCTION PL w w ` Q _ Q RM RM RMCL I15TH ST W I � \0 v RM Legend City Boundary Statistical Area A2 RM Zoning District HOSPITAL RD ;i RM > 1 acre Height Overlay District o 500 1, Feet Properties in the RM Zoning District in � n J Statistical Area A2 flMi1N^' Code Amendment No. CA2015-004 (PA2015-047) N ., IIBALBOAIMapslArcMaplplanninglVicinity_MapsIPA2015-047 CA_Height.mxd Planning Commission Resolution No. 1977 Page 5 of 6 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 quality materials. F. The following standards should be considered for compliance with Finding E(3) above: 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, authentic to the architectural style, and applied in a quality fashion. - _. 03-03-2015 Planning Commission Resolution No. 1977 Page 6 of 6 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 glare. 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, guest 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. 03-03-2015