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Home My WebLink About58 - PH-4 - Ordinance to Adopt Code Amendment CO-16- - 9/20/2016CITY COUNCIL AGENDA REPORT MEETING DATE: SEPTEMBER 20, 2016 ITEM NUMBER: PH -4 SUBJECT: AN ORDINANCE TO ADOPT CODE AMENDMENT CO -16-02 - AMENDMENT TO TITLE 13, CHAPTER V, ARTICLE 11 (DEVELOPMENT STANDARDS - MIXED-USE OVERLAY DISTRICT) TO INCLUDE THE HARBOR BOULEVARD MIXED-USE OVERLAY DISTRICT AND TO ADD A NEW ARTICLE (ARTICLE 12) PERTAINING TO THE RESIDENTIAL INCENTIVE OVERLAY DISTRICT AS ADOPTED UNDER THE 2015-2035 COSTA MESA GENERALPLAN DATE: SEPTEMBER 8, 2016 FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT PRESENTATION BY: MEL LEE, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: MEL LEE, AICP (714) 754-5611 mel.lee@costamesaca.gov RECOMMENDATION The Planning Commission recommends that City Council: 1) Give first reading to Ordinance 16-10 to adopt Code Amendment CO -16-02 to amend Title 13, Chapter V, Article 11 (Development Standards — Mixed -Use Overlay District) to include the Harbor Boulevard Mixed -Use Overlay District and to add a new article (Article 12) pertaining to the Residential Incentive Overlay District as adopted under the 2015-2035 Costa Mesa General Plan. The amendment will establish standards for new development in these overlay districts. BACKGROUND/ANALYSIS On August 29, 2016, the Planning Commission held a public hearing and recommended, by a 3-0 vote (Commissioners Sesler and Andranian absent) first reading of the ordinance as described above and attached to this report. The following additions to the City's Zoning Code will allow implementation of the new Harbor Mixed -Use Overlay as well as the Residential Incentive Overlay District included in the City's 2015-2035 General Plan. Code Amendment CO -16-02 Chanter V. Article 11 (Mixed -Use Overlav District The proposed changes to the above article are as follows: Sec. 13-83.57. HARBOR MIXED-USE OVERLAY The Harbor Mixed -Use Overlay applies to select areas along Harbor Boulevard, between Wilson Street and 19th Street. The intent is to introduce a diverse mix of uses, with the objective of creating a much more integrated, walkable, and complementary balance of creative commercial and office spaces, neighborhood -serving retail and commercial services, and residential uses along the southern portion of Harbor Boulevard that intersects with 19th Street. The designation allows residential development at up to 20 dwelling units per acre. A maximum 1.25 FAR applies to projects that consist of both residential and commercial mixed uses; a 1.00 FAR applies to stand-alone commercial projects. Live/Work development where the primary land use is residential and a workspace is provided on the ground level is not permitted in this overlay. Maximum building height is four stories. The provisions indicated in this article shall apply to the Harbor Mixed -Use Overlay. Unless otherwise indicated herein, the provisions of the 19 West Urban Plan shall apply to this overlay district. Chapter V, Article 12 (Residential Incentive Overlay District) The proposed new article is as follows: ARTICLE 12. RESIDENTIAL INCENTIVE OVERLAY DISTRICT Sec. 13-83.60. PURPOSE It is the purpose and intent of this article: (a) To meet General Plan goals to create new housing opportunities for residential development at strategic locations along Harbor Boulevard and Newport Boulevard that exhibit excellence in design, site planning, integration of uses and structures, and protect the integrity of neighboring development. Sec. 13-83.61. DEFINITIONS The following words, terms and phrases, when used in this article, shall have the meanings assigned to them in this section, except where the context clearly indicates a different meaning. Base zoning district. A zoning district identified as R2 -MD, R2 -HD, R3, PDC, C1, or C2, within which only certain land uses and structures are permitted, or conditionally permitted, and certain regulations are established for development of land. Overlay Zone. A zoning district that applies another set of zoning provisions to a specified area within an existing zoning district. The overlay zone supersedes the zoning regulations of the base zoning district, unless otherwise indicated. Sec. 13-83.62. OVERLAY DEVELOPMENT TYPES The Residential Incentive Overlay District creates opportunities for residential development at strategic locations along Harbor Boulevard and Newport Boulevard. This designation allows for development of new higher -density residential uses in areas where limited residential with lower densities are currently allowed. Small -lot single-family subdivisions would be appropriate as well. The Residential Incentive Overlay also expands development opportunities on residential and commercial properties not developed to their full potential or supporting outdated buildings and underperforming uses. Sec. 13-83.63. APPLICATION REVIEW PROCEDURES IN RESIDENTIAL INCENTIVE OVERLAY DISTRICT (a) Residential Incentive Development Plan Screening Application required. All residential and development projects proposed in the Residential Incentive Overlay District shall submit a screening application for consideration by City Council, as described in Section 13-28(g)(4) of the Zoning Code. (b) Master Plan required. All development proposed in the Residential Incentive Overlay District requires approval of a master plan pursuant to CHAPTER III PLANNING APPLICATIONS. The final review authority for the master plan shall be the Planning Commission. Refer to Section 13-28(g), master plan, regarding the following: preliminary master plans and amendments to the master plan. (c) Master Plan Findings for Residential Incentive Overlay District. The approval of the master plan for a residential development project in the Residential Incentive Overlay District shall be subject to the following findings: 1. The project is consistent with the General Plan and meets the purpose and intent of the Residential Incentive Overlay District. 2. The project includes adequate resident -serving amenities in the common open space areas and/or private open space areas in areas including, but not limited to, patios, balconies, roof terraces, walkways, and landscaped areas. 3. The project is consistent with the compatibility standards for residential development in that it provides adequate protection for residents from excessive noise, odors, vibration, light and glare, and toxic emanations. 4. The proposed residences have adequate separation and screening from adjacent commercial uses through site planning considerations, structural features, landscaping, and perimeter walls. (d) Application of Development Standards. 1. Height - Maximum building height is four stories (roof top terraces are permitted and not considered a story), provided privacy concerns of adjacent established residential neighborhoods are adequately addressed through the setback of upper stories or other design approaches. 2. Density - Housing within the Residential Incentive Overlay District is limited to a maximum density of 40 units per acre. (e) Deviation from Development Standards. A deviation from the Residential Incentive Overlay District development standards may be approved through the master plan process provided that the following findings are made. 1. Strict interpretation and application of the overlay district's development standards would result in practical difficulty inconsistent with the purpose and intent of the General Plan, while the deviation to the regulation allows for a development that better achieves the purposes and intent of the General Plan. 2. The granting of a deviation results in a development which exhibits excellence in design, site planning, integration of uses and structures and compatibility standards for residential development. 3. The granting of a deviation will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. Sec. 13-83.64. RESIDENTIAL INCENTIVE OVERLAY DISTRICT DEVELOPMENT STANDARDS Table 13-83.64 identifies the development standards in the Residential Incentive Overlay District. The development regulations of the base zoning district shall be superseded by the overlay district standards in this article, unless otherwise noted. TABLE 13-83.64 DEVELOPMENT STANDARDS FOR RESIDENTIAL INCENTIVE OVERLAY DISTRICT Minimum Lot Area 0.5 acres Maximum Density (Dwelling Units Per Acre 40 Minimum Open Space 40% of total site area Common Use Open Space 50% of required open space. Recreational facilities for children required for residential projects with 12 or more units Private Open Space (Multi -Story Units) Private decks or patios - minimum 100 square feet with no dimension less than 5 feet Maximum Building Height 4 Stories. Sites abutting R2 -MD zones shall incorporate a stepped elevation from three to four stories. A minimum setback of 30 feet shall be provided on the side or rear for four-story elevations. Roof top terraces are permitted and not considered a story Landscape Setback Abutting All Public Rights -Of- 20 feet Way, Excluding Alleys Landscaped parkway (Interior Private Streets or Combined 10 feet wide, no less than 3 feet on Common Driveways) one side Front 20 feet Side (Interior and Street) 20 feet (30 feet minimum for four stories abutting R2 -MD zones Rear (Interior and Street) 20 feet (30 feet min. for four stories abutting R2 - MD zones Chimneys 2 feet above maximum building height. Fireplaces 2 feet into required setback or building separation area Roof or Eaves Projections 2 feet 6 inches into required side setback or building separation area 5 feet into required front or rear setback Building Separation 10 -foot minimum between main buildings 6 -foot minimum between main buildings and accessory structures Off -Street Parking Refer to CHAPTER VI, ARTICLE 1 OFF- STREET PARKING STANDARDS RESIDENTIAL DISTRICTS Landscaping Refer to CHAPTER VII, LANDSCAPING STANDARDS Residential Common Interest Development Refer to CHAPTER V, ARTICLE 2 RESIDENTIAL COMMON INTEREST DEVELOPMENTS Residential Small Lot Subdivisions Refer to CHAPTER V, ARTICLE 2.5 RESIDENTIAL SMALL LOT SUBDIVISIONS PUBLIC NOTICE Code requires publication of a display Ad in the local newspaper (Daily Pilot) for Title 13 Code Amendments. At the time of publication of this report, no public comments have been received. Any correspondence will be forwarded to the City Council under separate cover. ENVIRONMENTAL DETERMINATION The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's environmental procedures and is included as a part of EIR No. 2015111053, which was adopted in June 2016 for the 2015- 2035 General Plan. FISCAL REVIEW Fiscal review is not required for this item. LEGAL REVIEW The draft ordinance has been reviewed by the City Attorney's Office. CONCLUSION Adoption of the ordinance, as recommended by the Planning Commission, will allow implementation of the new overlay districts adopted in June 2016 as a part of the 2015- 2035 General Plan. MEL LEE, AICP GARY ARMSTRONG, AICP Senior Planner Economic Development & Development Services Director/Deputy CEO Attachments: 1. Overlay Exhibits from the 2015-2035 Costa Mesa General Plan 2. Draft Ordinance 3. Minute Excerpts from the August 29, 2016 Planning Commission Meeting 4. Planning Commission Staff Report 5. Correspondence from Public