HomeMy WebLinkAbout2022-29 - Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municiapal Code Related to Nonconforming Residential Uses and Setback Clarifications in the R-1-6,000 ZRESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 (PLANNING AND ZONING)
AND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO
NONCONFORMING RESIDENTIAL USES AND SETBACK
CLARIFICATIONS IN THE R-1-6,000 ZONING AND
COASTAL ZONING DISTRICTS (PA2022-076)
WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach
Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach
("City Council") may initiate an amendment to Title 20 (Planning and Zoning) with or
without a recommendation from the Planning Commission;
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach certified Local Coastal Program
codified in Title 21 (Local Coastal Program Implementation Plan) of the NBMC to be
initiated by the City Council;
WHEREAS, Chapters 20.38 (Nonconforming Uses and Structures) and 21.38
(Nonconforming Uses and Structures) of the NBMC distinguish between a nonconforming
lot (e.g., a parcel that was legally subdivided, but does not meet current standards for the
zone in which it is located), nonconforming structure (e.g., a structure that was lawfully
erected, but does not conform to the development standards), and nonconforming use
(e.g., the use of a structure or land, which complied with the zoning code at the time of its
establishment, but no longer is a permitted use);
WHEREAS, Sections 20.38.050 (Nonconforming Uses) and 21.38.050
(Nonconforming Uses) of the NBMC provide that nonconforming residential uses with
more units than are permitted within the zoning district may be altered to reduce the
number of dwelling units, however, these sections do not articulate the development
rights associated with repair and maintenance, alteration, or expansion of the
nonconforming use;
WHEREAS, redevelopment opportunities are limited for property owners of
nonconforming residential uses in light of Senate Bill 330 which temporarily prohibits the
City from approving a housing development that results in a net loss of residential density
until January 1, 2030;
Resolution No. 2022-29
Page 2 of 3
WHEREAS, due to the ambiguity in Sections 20.38.050 (Nonconforming Uses)
and 21.38.050 (Nonconforming Uses) of the NBMC, an amendment is necessary to
clarify that residential properties that are nonconforming due to density may be
maintained, altered, or expanded pursuant to the limitations of Sections 20.38.040
(Nonconforming Structures) and 21.38.040 (Nonconforming Structures) of the NBMC;
and
WHEREAS, the 2010 comprehensive update to Title 20 (Planning and Zoning)
inadvertently omitted a provision that authorized additions to existing dwellings located in
the R-1-6000 (Single -Unit Residential zoning districts with minimum lot dimensions of
6,000 square feet) ("R-1-6,000"), formerly classified as the R-1-13 Zoning District, to be
constructed to the side setback line in effect at the time the dwelling was constructed
without being subject to nonconforming side setback restrictions.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to
clarify the regulations applicable to residential uses that are nonconforming due to density
and to clarify the side setbacks in the R-1-6,000 zoning and coastal zoning districts.
Section 2: If any section, subsection, sentence, clause, or phrase of this
resolution 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 resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act ("CEQA"),
pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible
future actions which the agency, board, or commission has not approved or adopted.
Resolution No. 2022-29
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopti . g this resolution.
ADOPTED this 10th day of May, 2022.
ATTEST
., - -
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Kevin
Mayor
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, the foregoing resolution, being Resolution
No. 2022-29 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10th day of May, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
ABSENT: Mayor Pro Tem Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11th day of May, 2022.
a-caPC) 0
C
Leilani I. Brown
City Clerk
Newport Beach, California