HomeMy WebLinkAbout2015-12 - Approving the Zoning Code Amendment No. CA2015-004 Creating 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 (ORDINANCE NO. 2015 -12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING ZONING
CODE AMENDMENT NO. CA2015 -004 CREATING 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)
WHEREAS, 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 Multiple Residential (RM) Zoning District in Statistical Area A2 in
West Newport Mesa;
WHEREAS, the City Council initiated a Zoning 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;
WHEREAS, the Zoning 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;
WHEREAS, the subject properties are located in the RM Zoning District and the
General Plan Land Use Element categories are RM;
WHEREAS, 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;
WHEREAS, on March 19, 2015, the Planning Commission reviewed the Zoning
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;
WHEREAS, 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. The Planning
Commission recommended approval of the Zoning Code Amendment;
Ordinance No. 2015 -12
Page 2 of 7
WHEREAS, a public hearing was held by the City Council on May 12, 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 City Council at this public hearing. The City Council introduced and
passed to second reading the ordinance to approve the Zoning Code Amendment; and
WHEREAS, a public meeting was held by the City Council on May 26, 2015, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time,
place and purpose of the public 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 public meeting. The City Council conducted a
second reading of the ordinance to approve the Zoning Code Amendment.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The Zoning Map adopted by reference in Section 20.14.010 of Title
20 (Zoning Code) of the Newport Beach Municipal Code is hereby amended to define
the properties located within the Height Overlay District as shown on the map provided
in Exhibit "A," which is attached hereto and incorporated herein by reference.
Section 2: Section 20.28.010 of Title 20 (Zoning Code) of the Newport Beach
Municipal Code is hereby amended to add Subsection "D" to read as follows:
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.
Section 3: Chapter 20.28 of Title 20 (Zoning Code) of the Newport Beach
Municipal Code is hereby amended to add Section 20.28.060 to read as follows:
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.
Ordinance No. 2015 -12
Page 3 of 7
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.
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.
Ordinance No. 2015 -12
Page 4 of 7
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.
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.
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.
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.
Ordinance No. 2015 -12
Page 5 of 7
Section 4: Subsection 20.30.060(C)(2)(b) of Title 20 (Zoning Code) of the
Newport Beach Municipal Code is hereby amended 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.
Section 5: Zoning Code Amendments are legislative acts. Neither the City's
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.
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.
The Zoning Code 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.
The Zoning Code 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.
The Zoning Code Amendment would lead to street enhancements should
properties be redeveloped pursuant to the overlay requirements for additional setbacks
and quality architecture.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
Ordinance No. 2015 -12
Page 6 of 7
subsection, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 8: The City Council finds the project 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 9: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 10: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
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Ordinance No. 2015 -12
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of May, 2015, and adopted on the 26th day of
May, 2015, by the following vote, to -wit:
Muldoon, Dixon, Mayor Selich
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
EDWARD D SELICi MAYOR
ATTEST:
C r
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY 'ATTORNEY
I
Legend
City Boundary
Statistical Area A2
RM Zoning District
C;K/F'�IAT',A
EXHIBIT "A"
16TH ST W
City of Costa Mesa
Height Overlay District
Properties in the RM Zoning District in
Statistical Area A2
Code Amendment No. CA2015 -004 (PA2015 -047)
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2015-12 was duly and regularly introduced on the 12th day of May, 2015, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of May,
2015, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of May, 2015.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
® R�
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2015-12 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: May 16, 2015
Adopted Ordinance: May 30, 2015
In witness whereof, I have hereunto subscribed my name this 61— day of
2015.
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