Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H)
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 Housing Opportunity (HO) Overlay Zoning Districts.
20.28.060 Height (H) Overlay District.
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail.
A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character.
B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking.
C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps).
D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay Zoning Districts are intended to accommodate housing opportunities consistent with the Housing Element’s focus areas and to ensure the City can meet its allocation of the Regional Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title (Maps).
E. H (Height) 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. (Ord. 2024-16 § 2 (Exh. B), 2024; Ord. 2020-19 § 1, 2020: Ord. 2015-12 § 2, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
A. Uses Allowed. Uses allowed in the MHP Overlay Zoning District include only those uses listed below. When an MHP Overlay Zoning District is applied to an area, all uses previously allowed in the underlying zoning district are no longer allowed.
1. Mobile Home Parks. Mobile home parks as regulated by the State of California.
2. Accessory Structures and Uses. Accessory structures and uses incidental to the operation of mobile home parks (e.g., recreation facilities and/or community centers of a noncommercial nature, either public or private, storage facilities for the use of the mobile home park residents, and any other structures or uses that are incidental to the operation of a mobile home park).
B. Removal of the Mobile Home Park Overlay District. The Council shall not approve a Zoning Map amendment that would remove the MHP designation from a property, unless all of the following findings have first been made:
1. The proposed zoning is consistent with the General Plan, and in the event the proposed zoning is Planned Community, the PC Development Plan has been submitted and is consistent with the General Plan;
2. The property which is the subject of the Zoning Map amendment would be more appropriately developed in compliance with the uses allowed by the underlying base zoning, or proposed zoning, and if the underlying base zoning or proposed zoning is Planned Community, that a PC Development Plan has been submitted and the property would be more appropriately developed with the uses specified in that development plan; and
3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable and consistent with the provisions of the California Government Code.
a. A phase out plan shall not be found to be acceptable unless it includes all of the following:
i. A time schedule and method by which existing mobile homes, cabanas, ramadas, and other substantial improvements and tenants are to be relocated or appropriately compensated;
ii. Methods of mitigating the housing impacts on tenants having low and moderate incomes, elderly tenants, and tenants with disabilities; and
iii. The programs or other means that are to be implemented properly address the housing impacts on those described in subsection (B)(3)(a)(ii) of this section are mitigated.
b. For purposes of this finding, “low and moderate incomes” shall be defined in compliance with the provisions of the City’s Housing Element. (Ord. 2023-22 § 903, 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.28.030 Parking Management (PM) Overlay District.
A. Parking Management District Plan Required. Before approving an amendment reclassifying land to a PM Overlay District, the Commission and Council shall approve a parking management district plan.
B. Establishment of Parking Management Program(s). The parking management district plan shall identify existing and planned parking facilities and establish parking management programs necessary to adequately serve the parking needs of the area.
C. Exemptions. The parking management district plan shall also include a formula or procedure establishing the extent to which properties shall be exempted from the requirements of Chapter 20.40 (Off-Street Parking).
D. Parking Management Overlay Districts Established. The Parking Management Districts identified in this section and depicted in the referenced map exhibits adopted in Part 8 of this title.
1. Balboa Village Parking Management Overlay District applies to all property located within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams Street and depicted in Parking Management Overlay Map PM-1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay District is to identify existing and planned parking facilities and establish parking programs to adequately serve the parking needs for Balboa Village. Additionally, the District establishes modified parking requirements for properties that differ from the basic requirements of Chapter 20.40 (Off-Street Parking).
b. Existing Parking Facilities. The City maintains six public parking lots within or near the District: (1) A Street lot, (2) B Street lot, (3) Washington Street lot, (4) Palm Street lot, (5) Balboa metered lot, and (6) Balboa Pier lot. In addition, the City provides and maintains a small number of on-street parking spaces along Balboa Boulevard, Palm Street, and Bay Avenue. The City intends to maintain public parking facilities; however, should the need arise, the City may modify, add, or remove parking spaces to ensure safe and efficient operations and meet parking demand.
c. Planned Parking Facilities. Due to the high cost of land acquisition and construction and the underutilization of existing parking, additional off-street parking facilities are not necessary to meet the demand of existing uses. Parking demand shall be monitored and evaluated by the City to determine whether additional District parking is necessary, economical, appropriate, and desirable. The City may acquire or lease parking facilities to make them available to the public.
d. Required Off-Street Parking.
i. Nonresidential Uses. No off-street parking shall be required for any new nonresidential use or intensification of uses except the following uses as defined by the Zoning Code: assembly/meeting facilities, commercial recreation and entertainment, cultural institutions, all marine services uses, schools, and visitor accommodations. Uses that require off-street parking shall provide said spaces in accordance with Chapters 20.40 (Off-Street Parking) and 20.38 (Nonconforming Uses and Structures).
ii. Residential Uses. Residential uses shall provide parking in accordance with Chapters 20.40 (Off-Street Parking) and 20.38 (Nonconforming Uses and Structures).
iii. Existing off-street parking spaces shall be preserved unless the elimination of spaces is authorized by the approval of a Site Development Review application by the Zoning Administrator.
iv. Shared Parking for Nonresidential Uses. Notwithstanding the Zoning Code requirement that off-street parking be reserved for the use it serves, the shared use of parking is allowed and encouraged.
Shared parking shall be subject to the following requirements:
(A) Required Off-Street Parking. When required, parking for nonresidential uses may be satisfied by leasing nearby parking spaces at off-site locations within one thousand two hundred fifty (1,250) feet of the parcel they serve. Development on multiple parcels with reciprocal access agreements is considered one site for parking purposes. If the spaces are required or otherwise leased to other uses, the hours of operation shall not significantly overlap. The distance between the parking facility and the use it serves shall be measured along public walkways from the closest portion of the parking facility to the main entrance of the use. The leasing of off-site parking to satisfy required parking shall be maintained in perpetuity when the use requires it and may only be discontinued if the use is discontinued.
(B) Excess Parking. Parking that is not necessary to satisfy off-street parking requirements may be leased to other uses or made available to the general public.
(C) Parking within Mixed-Use Buildings. Parking for different uses within a new, mixed-use building may be shared subject to the review and approval of a Site Development Review application.
(D) The reduction of required parking associated with a shared parking arrangement shall be subject to the review and approval of the Director when in compliance with the following conditions:
(1) Shared parking spaces are within one thousand two hundred fifty (1,250) feet as described in subsection (D)(1)(d)(iv)(A) of this section;
(2) There is no significant overlap in the hours of operation or peak parking demand of the uses sharing the parking;
(3) The use of the shared parking facility will not create traffic hazards or impacts to surrounding uses;
(4) The property owners involved in the shared parking facilities provide a binding agreement or other legal instrument assuring the joint use of the parking facilities subject to the satisfaction of the Director;
(5) The Director may require the preparation and implementation of a parking management program to address potential parking conflicts.
(E) Sections 20.40.100 (Off-Site Parking) and 20.40.110(B)(2) (Joint Use of Parking Facilities) do not apply within the Balboa Village Parking Management Overlay District.
v. Private Parking Facilities Available to the General Public. Nonresidential, off-street parking facilities are encouraged to be made available to the general public, even if the parking facility is required for existing developments. Subject to City Council review and approval, the City may enter into an agreement with the property owner for the use and/or management of the parking facility. Allowing general public access to private off-street parking facilities shall not affect the property’s conformance with its required off-street parking. The agreement should at a minimum address hours of availability for use by the general public, signage, maintenance, duration of agreement, and liability.
e. Suspension of In-Lieu Parking. Uses within the Balboa Village Parking Management Overlay District shall not be eligible for in-lieu parking pursuant to Sections 12.44.125 and 20.40.130. The requirement that existing uses within the Balboa Village Parking Management Overlay District participate in the in-lieu parking permit program shall be discontinued as of the effective date of the District.
f. Voluntary Employee Parking. The City will develop and implement a voluntary Balboa Village Employee Permit Program that will include reduced fees and designated parking locations for employee parking during specified hours. (Ord. 2014-20 § 1, 2015; Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.28.040 Bluff (B) Overlay District.
A. Applicability. This section applies to lots located in the Bluff (B) Overlay District as indicated on the Zoning Map. All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this section. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this section the most restrictive standard shall prevail.
B. Uses Allowed. Land uses allowed in the B Overlay District are all those uses allowed in the underlying zoning district.
C. Development Area Defined. For the purpose of this section the development area of a lot is an area delineated for the purpose of regulating the placement and location of structures. Each lot within the B Overlay District shall be divided into two or more development areas. Development areas are delineated on the Development Area Maps attached to the ordinance codified in this title and are consistent with the development areas listed in subsection (D) of this section. The setbacks provided in Tables 2-2 and 2-3 in Section 20.18.030 (Residential Zoning Districts General Development Standards) are not used to determine development areas, but are only used to determine the maximum floor area limit for the lot, if applicable.
1. Development Area A—Principal and Accessory Structures. Area A allows for the development and use of principal and accessory structures. Accessory structures allowed in Areas B and C are allowed in Area A.
2. Development Area B—Accessory Structures. Area B allows for the development and use of accessory structures listed below. Principal structures are not allowed.
a. Allowed Accessory Structures. The following accessory structures are allowed in Area B:
i. Accessory structures allowed in Area C are allowed within Area B.
ii. Barbecues.
iii. Decks.
iv. Detached or attached patio covers (solid or lattice).
v. Fences, walls, and retaining walls in compliance with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
vi. Fireplaces and fire pits.
vii. Gazebos.
viii. Outdoor play equipment.
ix. Patios.
x. Platforms.
xi. Porches.
xii. Spas and hot tubs.
xiii. Swimming pools.
xiv. Terraces.
xv. Similar structures.
b. Development standards for accessory structures. The following development standards apply to Area B:
i. Covered accessory structures (e.g., trellis, gazebos, patio covers) shall not exceed twelve (12) feet in height from existing grade or finished grade or exceed four hundred (400) square feet in cumulative total area.
ii. Retaining walls shall comply with Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
3. Development Area C—Limited Accessory Structures. Area C allows for the development and use of limited accessory structures. The following accessory structures are allowed in Area C:
a. Benches.
b. Drainage devices.
c. Guardrails and handrails required by building code.
d. Landscaping/irrigation systems.
e. On-grade trails.
f. On-grade stairways.
g. Property line fences and walls, not including retaining walls.
h. Underground utilities.
i. Similar structures.
D. Location of Development Areas. The development areas are listed below and depicted in the referenced map exhibit adopted in Part 8 of this title. The placement of structures and grading is limited by development areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are polygons established by the property lines and the following development lines. (See Map Exhibit B-1.) All contour lines refer to NAVD 88 contours.
1. Kings Place (104-112 and 204-224).
a. Development Area A. Between the front property line adjacent to Kings Place and the development line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb adjacent to the lot.
b. Development Area C. All portions of the lot not located in Area A.
2. Kings Place (116-200).
a. Development Area A. As indicated by the specified distance (in feet) from the front property line on the development area map.
b. Development Area B. All portions of the lot not located in Area A or C.
c. Development Area C. Between the downslope boundary of Area A and a development line established at the twenty-six (26) foot contour line.
d. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400) square feet (cumulative) in area shall be allowed in Area B.
E. Basements. Basements are allowed in Area A and may be constructed at an elevation (NAVD88) below any specified contour elevation. Basements shall not daylight on the bluff or slope face beyond Area A.
F. Grading—All Development Areas. Grading is limited to the minimum necessary for the construction and placement of allowed structures.
G. Encroachments.
1. Above Grade Encroachments. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A into Area B without limitation, provided they do not require ground support. Balconies, bay windows, eaves, architectural features, and shading devices attached to principal or accessory structures may encroach from Area A or Area B into Area C, provided they do not require ground support and encroach no farther than five feet into Area C and comply with any required minimum setbacks.
2. Subterranean Structural Encroachments. Foundations, basement walls, structural supports, and shoring for principal structures may encroach a maximum of twenty-four (24) inches into an adjacent development area (B or C).
H. Nonconforming Structures. Principal and accessory structures that do not conform to the development standards of this chapter shall comply with Section 20.38.040 (Nonconforming Structures) of this Zoning Code.
I. Adjustment of Development Area Boundary.
1. Reduced Development Area(s). A bluff development area shall be reduced whenever necessary to:
a. Ensure safety and stability against slope failure (i.e., landsliding) for the economic life of a development. At a minimum, the development area shall be adjusted to ensure a slope stability factor greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff, whichever is further landward; and
b. Ensure that the principal structures are safe from hazards due to erosional factors for the economic life of the building.
2. Increased Development Area(s). A development area’s boundaries may be adjusted through the approval of a site development review in compliance with Section 20.52.080 (Site Development Reviews) to allow structures and grading not otherwise allowed. In addition to the site development review findings, all of the following findings shall also be made:
a. The increased bluff development area will ensure a slope stability factor of safety greater than or equal to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther landward;
b. The increased bluff development area will provide adequate protection from erosion factors for the economic life of the development;
c. The increased bluff development area will be compatible and consistent with surrounding development; and
d. The increased bluff development area will not have an impact on public views or sensitive habitat areas, and is not otherwise detrimental to the general public health and welfare. (Ord. 2023-22 § 904, 2023; Ord. 2010-21 § 1 (Exh. A)(part), 2010)
20.28.050 Housing Opportunity (HO) Overlay Zoning Districts.
A. Applicability. This section applies to properties located in one of the Housing Opportunity (HO) Overlay Zoning Districts, as identified in Part 8 of this title. This includes the following subareas:
1. HO-1—Airport Area Environs Area. The Airport Area Environs Area is located north of the Upper Newport Bay Nature Reserve, primarily around the John Wayne Airport.
2. HO-2—West Newport Mesa Area. The West Newport Mesa Area is located near the southwest corner of the city and primarily consists of industrial properties along 16th Street, Production Place, and 15th Street.
3. HO-3—Dover-Westcliff Area. The Dover-Westcliff Area includes property on both sides of West Coast Highway and the west of Dover Drive. Properties in the Lido Village area are included.
4. HO-4—Newport Center Area. The Newport Center Area is generally bounded by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree Road.
5. HO-5—Coyote Canyon Area. The Coyote Canyon Area is located on the south side of California State Route 73, at the junction of Newport Coast Drive.
The above listed are general descriptions of each subarea and additional properties may be included with the subarea. To be eligible for the provisions of this chapter, the property must be listed on the HO area map as an “opportunity site.”
6. HO-6—5th Cycle Housing Element Sites. Those sites that are identified as 5th Cycle Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See subsection (E) of this section for alternative review process.
B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO) Overlay Zoning Districts with exception of HO-6 where only the base zoning standards apply:
1. Any use that is permitted or conditionally permitted in the base zone;
2. Multiple-unit development that meets the density requirements set forth in this section;
3. Mixed-use development that includes a residential component which complies with the minimum density set forth in this section; and
4. Residential supporting uses such as leasing/sales/property management offices, fitness facilities, recreation facilities, etc.
C. Subarea Development Standards.
1. Development Standards. The following development standards shall apply to any residential or mixed-use project permitted pursuant to this section. Unless otherwise modified by this section, all applicable development standards, including any adopted objective design standards, shall apply.
|
Development Feature |
Housing Opportunity Subareas |
|||||
|---|---|---|---|---|---|---|
|
HO-1 |
HO-2 |
HO-3 |
HO-4 |
HO-5 |
HO-6 |
|
|
Development Limit (units)(1) |
2,577 |
1,107 |
521 |
2,439 |
1,530 |
N/A |
|
Lot Size/Dimension |
Per Base Zone |
|||||
|
Lot area required per unit (sq. ft.)(2) |
Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) |
Minimum: 2,178 (20 du/ac) Maximum: 871 (50 du/ac) |
Minimum: 2,178 (20 du/ac) Maximum: 726 (60 du/ac)(10) |
All Standards Per Base Zone |
||
|
Setbacks |
|
|||||
|
Front |
0 ft.(3) |
10 ft.(3) |
10 ft.(3)(4) |
0(3) |
10 ft.(3) |
|
|
Rear |
0 |
20 ft. |
20 ft. |
0 |
20 ft. |
|
|
Side |
0(4) |
|||||
|
Street Side |
0(3) |
10 ft.(3) |
10 ft.(3) |
0 ft.(3) |
10 ft.(3) |
|
|
Height |
Per Base Zone unless otherwise identified on the map |
65 ft. |
65 ft.(6) |
Per Base Zone(7) |
65 ft. |
|
|
Building Separation |
10 ft. |
|||||
|
Floor Area Ratio (FAR) |
No restriction(8) |
|||||
|
Common Open Space(9) |
Minimum 75 square feet/dwelling unit. (The minimum dimension (length and width) shall be 15 feet.) |
|||||
|
Private Open Space(9) |
5% of the gross floor area for each unit. (The minimum dimension (length and width) shall be 6 feet.) |
|||||
|
Fencing |
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). |
|||||
|
Landscaping |
See Chapter 20.36 (Landscaping Standards). |
|||||
|
Lighting |
See Section 20.30.070 (Outdoor Lighting). |
|||||
|
Outdoor Storage/Display |
See Section 20.48.140 (Outdoor Storage, Display, and Activities). |
|||||
|
Parking |
See subsection (D)(3) of this section and Chapter 20.40 (Off-Street Parking). |
|||||
|
Satellite Antennas |
See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities). |
|||||
|
Signs |
See Chapter 20.42 (Sign Standards). |
|||||
(1) Development limits are additional residential development opportunities beyond the base allowances in this title and General Plan, including projects approved under those base allowances and units identified as pipeline units in the 6th Cycle Housing Element (Table B-2). Development limits shall not include density bonus units. Furthermore, eligible units are only counted against the development limits when they are either entitled or are issued a building permit if allowed by right. However, twenty-five (25) percent of the development limit within each HO Overlay Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as the City’s Local Coastal Program has been amended to allow for housing consistent with the implementation of the 6th Cycle Housing Element. Following the City’s Local Coastal Program Amendment, priority for the reserved units will be given to sites located within the Coastal Zone.
(2) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding density bonus units.
(3) Any portion of the building that is over twenty (20) feet in height shall be set back a minimum twenty (20) feet from the street right-of-way.
(4) Except in the Mixed-Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning one hundred (100) feet north of Coast Highway.
(5) The combined total from both sides shall be fifteen (15) feet.
(6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.
(7) “Base zone” includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and Ordinance No. 1596).
(8) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed-use developments, the FAR for nonresidential is still applicable.
(9) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children’s playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed appropriate by the Community Development Director.
(10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a maximum of twenty (20) dwelling units.
2. Airport Area Environs Area (HO-1). The following development standards shall only apply to projects within the Airport Area Environs Area:
a. Sound Mitigation. The interior ambient noise level of all new residential dwelling units shall meet applicable standards of Section 10.26.030 (Interior Noise Standards). An acoustical analysis report, prepared by an acoustical engineer, shall be submitted describing the acoustical design features of the structure that will satisfy the interior noise standard. The residential units shall be constructed and noise attenuated in compliance with the report.
b. Advanced Air Filtration. The design of all new residential and mixed-use residential developments shall include advanced air filtration systems to promote cleaner air within living environments.
c. Notification to Owners and Tenants. A written disclosure statement shall be prepared prior to sale, lease, or rental of a residential unit within the development. The disclosure statement shall indicate that the occupants will be living in an urban type of environment adjacent to an airport and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area. The disclosure statement shall include a written description of the potential impacts to residents of both the existing environment (e.g., noise from planes, commercial activity on the site and vehicles on streets) and potential nuisances based upon the allowed uses in the zoning district. Each and every buyer, lessee, or renter shall sign the statement acknowledging that they have received, read, and understand the disclosure statement. A covenant shall also be included within all deeds, leases or contracts conveying any interest in a residential unit within the development that requires: (i) the disclosure and notification requirement stated herein; (ii) an acknowledgment by all grantees or lessees that the property is located within an urban type of environment and that the noise, odor, and outdoor activity levels may be higher than a typical suburban residential area; and (iii) acknowledgment that the covenant is binding for the benefit and in favor of the City of Newport Beach.
3. West Newport Mesa Area (HO-2). The following development standards shall only apply to projects within the West Newport Mesa Area:
a. West Newport Mesa Streetscape Master Plan. Any residential or mixed-use residential development shall implement applicable components of the adopted West Newport Mesa Streetscape Master Plan.
4. Coyote Canyon Area (HO-5). The following development standards shall only apply to projects within the Coyote Canyon Area:
a. Public Park. Any future residential development within this subarea shall include a public park that is no less than three and one-half acres, in aggregate. As part of the review for the overall project, the developer shall provide a detailed description of the public park, including timing, dimensions, and location within the project site.
b. Public Trails. Any future residential development shall include public trails for the entire subarea that accommodate multiple modes of transit (i.e., walking and bicycling) and connect to nearby community resources, as well as the existing trail system. As part of the review for the overall project, the developer shall provide a detailed description of the trail system, including timing, dimensions, alignment, and location within the project site.
D. General Development Standards. The following development standards shall apply to all projects within the Housing Opportunity zone, regardless of subarea:
1. Mixed-Use Developments. All mixed-use developments shall comply with Section 20.48.130 (Standards for Mixed-Use Projects). In addition, a minimum of fifty (50) percent of the floor area of mixed-use developments shall be dedicated to residential uses. For purposes of this section, floor area shall be defined as all enclosed floor space, but exclude parking garages/spaces, utility areas, and storage areas that are not directly accessible from the interior of a dwelling unit.
2. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except for areas that provide vehicle and pedestrian access to the right-of-way.
3. Residential Off-Street Parking Requirements. Residential parking requirements for projects within the Housing Opportunity Overlay Zones shall be provided in accordance with Table 2-17. Parking for all other uses not included in this table shall be provided in accordance with Chapter 20.40 (Off-Street Parking Requirements).
|
Land Use |
Subtype |
Parking Requirement |
|---|---|---|
|
Residential (Rental) |
Studio 1 Bedroom 2 Bedrooms 3 Bedrooms Visitor Parking |
1.1 spaces per dwelling unit 1.5 spaces per dwelling unit 1.8 spaces per dwelling unit 2.0 spaces per dwelling unit 0.3 spaces per dwelling unit |
|
Residential (Ownership) |
Studio 1 Bedroom 2 Bedrooms 3 Bedrooms Visitor Parking |
1.4 spaces per dwelling unit 1.8 spaces per dwelling unit 1.8 spaces per dwelling unit 2.0 spaces per dwelling unit 0.3 spaces per dwelling unit |
E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or mixed-use development in the HO Overlay Zones that includes a minimum of twenty (20) percent of the units reserved for very-low- and low-income residents shall not require a Site Development Review, but shall require an affordable housing implementation plan (AHIP) and shall meet all the following criteria:
1. All units designated as affordable to very-low and/or low-income residents shall be subject to a minimum thirty (30) year affordability covenant;
2. Affordable units shall reflect the range of numbers of bedrooms provided in the residential development project as a whole, but may be smaller and have different interior finishes and features than market-rate units;
3. Affordable units shall be comparable in the facilities provided (e.g., laundry, recreation, etc.) and in the quality of construction and exterior design to the market-rate units; and
4. Affordable units shall be dispersed throughout the residential development. (Ord. 2024-16 § 2 (Exh. B), 2024)
20.28.060 Height (H) 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 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 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 Section 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 subsection (E)(3) of this section:
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.
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-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-foot setback.
5. Public Sidewalks. Sidewalks are required to be a minimum width of eight 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. (Ord. 2015-12 § 3, 2015)