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HomeMy WebLinkAboutPC2020-031 - RECOMMENDING CITY COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-004 TO AMEND TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATEDRESOLUTION NO. PC2020-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-004 TO AMEND TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO RESIDENTIAL DESIGN STANDARDS (PA2019-070) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. As a result of growing community concerns related to the loss of small residential cottages and the bulk and mass associated with new single- and two-unit dwelling developments in the City, the City Council held a study session on April 23, 2019. 2. An amendment to Title 20 (Planning and Zoning) (“Code Amendment”) of the City of Newport Beach Municipal Code (“NBMC”) is necessary to minimize bulk and mass associated with recent development trends. 3. On May 14, 2019, the City Council initiated portions of the Code Amendment under Resolution No. 2019-43 authorizing staff to investigate code revisions to reduce third floor mass and overall building bulk associated with single- and two-unit developments. 4. On May 28, 2019, the City Council initiated the remaining portion of the Code Amendment under Resolution No. 2019-45 authorizing staff to initiate code revisions to restrict single- and two-unit dwellings developed on lots zoned for Multiple Residential (RM) to the development standards applicable to the standards of the Two-Unit Residential (R-2) Zoning District. 5. On August 19, 2019, Community Development Department staff hosted a community meeting attended by 64 interested members of the public, including design professionals. The intent of the meeting was to share proposed changes to residential design standards and receive community feedback. 6. On September 10, 2019, the City Council held a study session to receive a staff update regarding the status of the amendment proposals, summary of the comments received at the August 19, 2019, community meeting, and to provide staff further direction. 7. On March 9, 2020, Community Development Department staff hosted a second community meeting attended by 25 interested members of the public, including design professionals. The intent of the meeting was to share current refinements to the residential design standards and receive further community feedback. 8. A telephonic public hearing was held by the Planning Commission on May 7, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing Planning Commission Resolution No. PC2020-031 Page 2 of 8 restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the hearing, the Planning Commission voted to remove the item from calendar to allow staff time to seek guidance from the State regarding compliance with Housing Crisis Act of 2019 (Senate Bill 330). 9. At the request of the City, the California Department of Housing and Community Development (HCD) reviewed the proposed amendments, including the May 7, 2020, Planning Commission agenda materials, for compliance with the Housing Crisis Act of 2019. The Housing Crisis Act generally prohibits a locality from enacting a development policy, standard or condition that reduces intensity, imposes moratoriums, enforces subjective design standards or implements any provision that limits approvals or caps population. Specifically, Government Code section 66300, subdivision (b)(1)(A) does not allow a locality to enact requirements that result in less intensive use. On July 31, 2020, HCD issued a letter to the City finding that upon review of the materials, the pending revisions do not trigger the Housing Crisis Act “less intensive use” provisions under Government Code section 66300, subdivision (b)(1)(A). 10. A telephonic public hearing was held by the Planning Commission on September 17, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The action proposed herein is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendment itself does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. 1. With the adoption of the revisions to Title 20 (Planning and Zoning) in 2010 (“2010 Zoning Code Update”), changes to development standards were intended to streamline the review process and simplify the development standards applicable to residential development, while Planning Commission Resolution No. PC2020-031 Page 3 of 8 maintaining allowable building envelopes and preserving the character of existing communities. However, changes to height measurement standards and definition of gross floor area have inadvertently resulted in proliferation of covered third level decks. 2. The 2010 Zoning Code Update attempted to regulate third floor mass and bulk through the use of NBMC Section 20.48.180 (Residential Development Standards and Design Criteria), which includes third floor area limits, third floor step backs for enclosed floor area, and open volume area standards to increase building modulation. However, the third floor limits do not apply to unenclosed covered deck areas or unfinished attics, resulting in building designs with third levels (enclosed and unenclosed) that visually appear larger and bulkier than the code intended. 3. As currently defined, gross floor area excludes unfinished attics with a ceiling height of 6 feet or greater and is not clear with respect to the threshold of what constitutes an enclosed deck or patio. As a result, the bulk and scale of new residential developments appear larger than what the applicable floor area limits intend. In some cases, attics are illegally finished without permits and partially enclosed decks and patios are illegally fully enclosed with windows resulting in structures exceeding allowable floor area limits. Revisions to the definition are necessary to appropriately regulate large attics and partially enclosed covered patios and decks. The proposed changes will also help to discourage unpermitted conversions of these spaces by increasing the visibility and difficulty of modifying these spaces for use as living area. 4. Revisions to the NBMC Section 20.48.180 are necessary to implement the design principles identified in General Plan Land Use Policies LU 5.1.5 (Character and Quality of Single- Family Residential Dwellings) and LU 5.1.9 (Character and Quality of Multi-Family Residential). Applying additional step backs to covered third floor decks and requiring additional openings will help articulate the building masses and avoid the appearance of “box-like” buildings. The changes will also improve the architectural treatment visible from public places and improve compatibility of new development with the density, scale, and street elevations of existing communities. Lastly, the changes will help modulate roof profiles to reduce the apparent scale of large structures and to provide visual interest and variety. 5. NBMC Section 20.48.180 (Residential Development Standards and Design Criteria) currently only applies to R-1 and R-2 Zoning Districts, but excludes residential dwellings constructed in the RM and R-BI Zoning Districts. As a result, third floor and open volume area standards are not being applied in the Balboa Island residential community nor to single- and two-unit dwellings constructed on RM lots citywide. Application of these standards, including proposed revisions, to these communities and zoning districts is essential to preserve community character and uniformly regulate bulk and scale. Lots zoned R-2 that are 25 feet wide or less are also exempt. Application of the front and rear third floor step back requirements to these narrow lots will improve building scale as viewed from streets and alleys. 6. The amendments would impose new objective standards that regulate bulk and articulation of new single-unit and two-unit dwellings and are in compliance with recent changes in state law (Housing Crisis Act of 2019). The amendments would not result in the reduction of allowable Planning Commission Resolution No . PC2020-031 Page 4 of 8 density on a lot. Furthermore , no changes in overall height limits , allowable floor area, lot coverage, or setbacks are proposed that would lessen the allowable intensity of housing sites . Each lot will maintain the same allowed height limits , building setbacks , and floor area limits as previously entitled, and the application of third floor and open volume regulations would not preclude the ability for a homeowner to achieve the same development intensity. Furthermore , on July 31, 2020 , HCD issued a letter to the City confirming the proposed amendments would not violate the provisions of the Housing Crisis Act. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the proposed code amendments are not a project subject to CEQA pursuant to Section 21065 of Public Resources Code and the CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The proposed action is also statutorily exempt pursuant to CEQA Guidelines Section 15061 (b)(3) because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No . CA2019-004 as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference . PASSED, APPROVED, AND ADOPTED THIS 17TH DAY OF SEPTEMBER 2020. AYES : NOES : ABSTAIN : ABSENT: Klaustermeier, Kleiman , Koetting , Rosene , and Weigand Ellmore and Lowrey BY :_t;_E~ri_,k.-i -e-~-a-n-k:2,_,, ,_C_:_ai-rm_a_n __ BY : ----------- Lauren Kleiman , Secretary Planning Commission Resolution No. PC2020-031 Page 5 of 8 EXHIBIT “A” Proposed Code Amendment No. CA2019-004 Related to Residential Design Standards Section 1: Amend Table 2-3 of Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Regulations) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, revising the “Open Space” row and adding a “Residential Development Standards” row as follows: TABLE 2-3 DEVELOPMENT STANDARDS FOR TWO-UNIT AND MULTI-UNIT RESIDENTIAL ZONING DISTRICTS Development Feature RM RMD RM-6,000 Additional Requirements Open Space Minimum required open space (applicable to 3 or more units). Common: 75 square feet/unit N/A Common: 75 square feet/unit Single-unit and two-unit dwellings developed on a single site shall comply with Open Volume Area standards of Section 20.48.180 (Residential Development Standards and Design Criteria). Minimum dimension shall be 15 feet. Private: 5% of the gross floor area for each unit. Minimum dimension shall be 15 feet. Private: 5% of the gross floor area for each unit. Minimum dimension shall be 6 feet. Minimum dimension shall be 6 feet. The minimum dimension is for length and width. Residential Development Standards See Section 20.48.180. Section 2: Amend Subsection A of Section 20.48.180 (Residential Development Standards and Design Criteria) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, as follows: Planning Commission Resolution No. PC2020-031 Page 6 of 8 20.48.180 Residential Development Standards and Design Criteria. A. Development Standards. 1. Applicability. The development standards in this subsection shall apply to all R-1 Zoning Districts, R-BI Zoning District, all R-2 Zoning Districts, and to all RM Zoning Districts Citywide, except as provided below: a. Exceptions. This subsection shall not apply to: i. R-1-6,000, R-1-7,200, R-1-10,000, RMD, and RM-6000 Zoning Districts; ii. Planned community zoning districts; or iii. Residential developments consisting of three or more units in the RM Zoning District. b. Limited Application. This subsection shall be limited in its application below: i. For lots twenty-five (25) feet wide or less in the R-2 Zoning District, only subsection (A)(2)(c) shall apply. ii. Residential developments consisting of one or two units in the RM Zoning District, only subsections (A)(2)(c) and (A)(3) shall apply. 2. Third Floor Limitations. a. Allowed Floor Area. The maximum gross floor area that may be located on a third floor shall not be greater than either of the following: i. Fifteen (15) percent of the total buildable area for lots wider than thirty (30) feet; or ii. Twenty (20) percent of the total buildable area for lots thirty (30) feet wide or less. On sloping lots, if the slope of the grade on which the structure is located is greater than five percent, subject to Section 20.30.050(B)(3), the Director shall determine which story is the third story for the purpose of implementing this requirement. For example, on a thirty (30) foot wide lot, if the total buildable area of the lot is two thousand five hundred fifty (2,550) square feet, then the maximum square footage that may be located on the Planning Commission Resolution No. PC2020-031 Page 7 of 8 third floor is five hundred ten (510) square feet (two thousand five hundred fifty (2,550) sq. ft. x twenty percent (20%) = five hundred ten (510) sq. ft.). b. Allowed Combined Floor Area and Covered Deck Area. The combined total maximum gross floor area and covered deck area that may be located on a third floor shall not be greater than fifty (50) percent of the total buildable area. c. Location of Third Floor Structure. Enclosed floor area and covered deck area located on the third floor shall be set back a minimum of fifteen (15) feet from the front and rear setback lines and for lots thirty (30) feet in width or greater a minimum of two feet from each side setback line, including bay windows. 3. Open Volume Area Required. a. Calculation. Open volume area shall be provided in addition to the required setback areas and shall be a minimum area equal to fifteen (15) percent of the buildable area of the lot. b. Location. The open volume area may be provided anywhere on the lot within the buildable area and below twenty-four (24) feet from grade. The open air space volume may be provided on any level or combination of levels and may extend across the entire structure or any portion thereof. c. Minimum Dimensions. The open volume area shall meet the following standards: i. Have a minimum dimension of at least five feet in depth from the wall plane on which it is located and a minimum clear vertical dimension of at least seven and one-half feet; and ii. Be open to the outdoors on at least one side. Section 3: Amend the definition of “Floor Area, Gross” of Section 20.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, as follows: Floor Area, Gross. 1. Single-Unit and Two-Unit Dwellings. a. For single-unit and two-unit dwellings, the following areas shall be included in calculations of gross floor area: Planning Commission Resolution No. PC2020-031 Page 8 of 8 i. The area within and including the surrounding exterior walls; ii. Covered decks, balconies or patios above the first floor; iii. Any interior portion of a structure that is accessible and that measures more than six feet from finished floor to ceiling; and iv. Covered parking spaces which are open only on one side. b. The following areas shall be excluded: i. Stairwells and elevator shafts above the first level; and ii. Covered decks, balconies or patios open on at least two sides, with the exception of required safety railings and minimal structural supports. Railings shall be constructed of either transparent material (except for supports) or opaque material (e.g., decorative grillwork, wrought iron, latticework, or similar open materials) so that at least forty (40) percent of the railing is open. 2. Multi-Unit Residential (3+ dwellings), Mixed-Use, and Nonresidential Structures. a. For multi-unit residential, mixed-use, and nonresidential structures, the following areas shall be included in calculations of gross floor area: i. The area within surrounding exterior walls; and ii. Any interior portion of a structure that is accessible and that measures more than four feet from finished floor to ceiling. b. The following areas shall be excluded: i. Stairwells and elevator shafts above the first level; ii. Outdoor dining areas associated with an eating and drinking establishment, and iii. Parking structures associated with an allowed use within the same development.