It is the purpose and intent of this article 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.
(Ord. No. 18-12, § 2, 12-4-18)
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-HD, 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.
(Ord. No. 18-12, § 2, 12-4-18)
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 certain areas on Harbor Boulevard currently developed with commercial uses and on Newport Boulevard, where limited residential with lower densities are currently allowed.
(Ord. No. 18-12, § 2, 12-4-18)
(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, toxic emanations, and air pollution.
(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 three stories (rooftop 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 30 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.
(Ord. No. 18-12, § 2, 12-4-18)
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)
30 du/acre
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
3 Stories. Sites abutting R2-MD zones shall incorporate a stepped elevation from 2 to 3 stories. Rooftop terraces are permitted and not considered a story
Landscape Setback Abutting All Public Rights-of-Way, Excluding Alleys
20 feet
Landscaped Parkway (Interior Private Streets or Common Driveways)
Combined 10 feet wide, no less than 3 feet on one side
Front
20 feet
Side (Interior and Street)
20 feet (for 3 stories abutting R2-MD zones)
Rear (Interior and Street)
20 feet (for 3 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
(Ord. No. 18-12, § 2, 12-4-18)