HomeMy WebLinkAbout03 - LCP Amendment Related to Nonconforming Uses and Structures (PA2022-076)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
September 24, 2024
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Joselyn Perez, Senior Planner - 949-644-3312,
jperez@newportbeachca.gov
TITLE: Ordinance No. 2024-22: LCP Amendment Related to Nonconforming
Uses and Structures (PA2022-076)
ABSTRACT:
On November 29, 2022, the City Council adopted an amendment to Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code (NBMC) related to nonconforming
uses and structures. The amendment included two parts: 1) clarifying development
allowances for residential uses that are nonconforming due to density; and 2) reinstating a
side setback allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000,
and RM-6,000 Zoning Districts. Additionally, the City Council adopted a resolution
authorizing submittal to the California Coastal Commission (CCC) of the complementary
amendment to Title 21 (Local Coastal Program Implementation Plan) of the NBMC.
On May 8, 2024, the CCC approved the Title 21 amendment as submitted without
suggested modifications. For the City Council's consideration is an ordinance to amend
Title 21 consistent with the CCC's approval.
RECOMMENDATIONS:
a) Find this amendment exempt pursuant to California Environmental Quality Act
(CEQA) Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no
potential to have a significant effect on the environment and local governments are
exempt from the requirements of CEQA in connection with the adoption of a Local
Coastal Program; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-22, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Sections 21.18.030 (Residential Coastal Zoning Districts
General Development Standards), 21.38.040 (Nonconforming Structures), and
21.38.050 (Nonconforming Uses) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code to Conform with State Law and Correct
Errors Related to Setbacks (PA2022-076), and pass to second reading on October 8,
2024.
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Ordinance No. 2024-22: LCP Amendment Related to
Nonconforming Uses and Structures (PA2022-076)
September 24, 2024
Page 2
DISCUSSION:
Part 1 — Nonconforming Residential Density
Existing provisions in Section 21.38.050 (Nonconforming Uses) clearly state that the
owner of a property that is nonconforming due to the existence of more dwelling units
than currently allowed may alter the development to reduce the total number of dwelling
units to a conforming density. However, with the 2019 passage of the Housing Crisis Act
of 2019 (SB 330), the City is generally unable to approve projects that reduce the number
of residential dwelling units on a property. As written, the provisions do not explicitly allow
affected property owners to make repairs, alterations or improvements to a
nonconforming residential use.
The amendment will revise Section 21.38.050 (Nonconforming Uses) of the Newport
Beach Municipal Code (NBMC) to clarify that residential properties that are
nonconforming due to density may be maintained, altered or expanded pursuant to the
limitations of Sections 21.38.040 (Nonconforming Structures) of the NBMC, which allow
alterations and additions of up to 50% of the floor area of the existing structure provided
the addition complies with applicable development standards. Should the property also
be nonconforming due to parking, the improvements will be subject to Section 21.38.060
(Nonconforming Parking) of the NBMC, which generally limits additions up to 10% of the
existing floor area of the structure.
Part 2- Side Setback Clarification
As part of the City's 2010 comprehensive zoning code update, the Combining or
"B" District (B Overlay) was modified and became the R-1-6,000, R-1-7,200, R-1-10,000,
R-2-6,000, and RM-6,000 Zoning Districts. These Districts require side setbacks ranging
from 5 feet to 10 feet. However, many structures were originally constructed with lesser
side setbacks under the County's jurisdiction, prior to City annexation. Historically,
affected properties were exempted from the nonconforming code provisions and were not
considered or treated as nonconforming. During the 2010 update, the provision was
inadvertently omitted from Title 20 (Planning and Zoning). With this omission, an addition
to a structure with a nonconforming side setback cannot be completed in line with the
existing residence. The addition must jog inward to the current required setback, which
creates unnecessary structural complications and forces inconvenient floor plans. This is
demonstrated in the left image of Figure 1 below.
The amendment will revise Table 21.18-2, Table 21.18-3, and Table 21.18-4 of Section
21.18.030 (Residential Coastal Zoning Districts General Development Standards) of the
NBMC so that homeowners of former B Overlay properties will be allowed to construct an
addition in line with the existing development. This is demonstrated in the right image of
Figure 1 below.
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Ordinance No. 2024-22: LCP Amendment Related to
Nonconforming Uses and Structures (PA2022-076)
September 24, 2024
Page 3
To further unencumber these properties from the development restrictions for
nonconforming structures, Section 21.38.040 (Nonconforming Structures) of the NBMC,
subsection (1), will also be amended to clarify that these structures are exempt from the
restrictions of the nonconforming structures section.
— ----------------------
.. .. .. .. .. .......
Area of Addition
Area of Addition
I
{Staggered to Required Setbacks)
i
(With Proposed Cade Change)
1
Existing House
Exisling House
(Nonconforming Setbacks)
I
(Nonconforming Setbacks)
I
6'
�
�
I
I
I
I
Figure 1, (left) Current requirement versus (right) proposed amendment.
California Coastal Commission Action
On November 15, 2022, the City Council introduced Ordinance No. 2022-25 (Attachment
B) to amend Title 20 (Planning and Zoning) to conform with State law and correct errors
related to setbacks, and adopted Resolution No. 2022-82 (Attachment C), authorizing
submittal of the LCP Amendment to the California Coastal Commission (CCC). The
November 15, 2024, City Council staff report is included as Attachment D for reference.
On May 8, 2024, the California Coastal Commission approved LCP Amendment
No. LC2022-002 as a major amendment with no modifications (Attachment E).
As a result, and pursuant to Coastal Act Section 3015(c), this LCP Amendment is now
deemed approved and became a certified part the City's LCP on May 18, 2024,
10 working days after the date of the California Coastal Commission meeting; however,
full implementation requires the adoption of the recommended ordinance.
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Ordinance No. 2024-22: LCP Amendment Related to
Nonconforming Uses and Structures (PA2022-076)
September 24, 2024
Page 4
Scrivener's Error
A public comment was received by the CCC during its processing of the LCP Amendment.
The comment identified an error in the "Applicability" subsection of Section 21.38
(Nonconforming Uses and Structures) of the NBMC. Inadvertently introduced as part of
an earlier LCP amendment, Subsection 21.38.040(G)(1) should have been renumbered
to 21.38.040(G)(2). CCC staff did not believe that a suggested modification to the current
LCP Amendment would be necessary to correct this scrivener's error and that it instead
could be corrected administratively (Attachment F). This correction has been included in
the ordinance.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find that the action proposed herein is not a project
subject to CEQA in accordance with Section 21065 of CEQA and State CEQA Guidelines
Sections 15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt
pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to a
have a significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section
15265(a)(1), local governments are exempt from the requirements of CEQA in connection
with the adoption of a Local Coastal Program. The Amendments themselves do not
authorize development that would directly result in physical change to the environment.
NOTICING:
Notice of the November 15, 2022, City Council hearing where this amendment was
originally considered and approved for submittal to the California Coastal Commission
was published in the Daily Pilot as an eighth -page advertisement, consistent with the
provisions of the NBMC and emailed to interested parties that have requested notice
and/or attended the community meetings.
In addition, pursuant to Section 13515 of the California Code of Regulations, a review
draft of the LCP Amendment was made available, and a Notice of Availability (NOA) was
distributed on September 23, 2022, to all persons and agencies on the NOA mailing list.
Lastly, the agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A
— Ordinance No. 2024-22 — Title 21 Code Amendment
Attachment B
— Ordinance No. 2022-25 (Title 20)
Attachment C
— Resolution No. 2022-82
Attachment D
— November 15, 2022 Staff Report
Attachment E
— Coastal Commission Approval Letter
Attachment F
— Coastal Commission Staff Report and Addenda
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Attachment A
Draft Ordinance (Title 21 Amendment)
3-5
ORDINANCE NO. 2024-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTIONS 21.18.030 (RESIDENTIAL ZONING DISTRICTS
GENERAL DEVELOPMENT STANDARDS), 21.38.040
(NONCONFORMING STRUCTURES), AND 21.38.050
(NONCONFORMING USES) OF TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
NEWPORT BEACH MUNICIPAL CODE TO CONFORM
WITH STATE LAW AND CORRECT ERRORS RELATED
TO SETBACKS (PA2022-076)
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted its LCP, including
the Coastal Land Use Plan, as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, which the City added
as Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport
Beach Municipal Code ("NBMC"), whereby the City assumed coastal development
permit -issuing authority;
WHEREAS, Chapter 21.38 (Nonconforming Uses and Structures) of the NBMC
distinguishes 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 meet current
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 is no longer a
permitted use);
WHEREAS, Section 21.38.050 (Nonconforming Uses) of the NBMC authorizes
alteration of nonconforming residential uses with more units than permitted to reduce the
number of dwelling units but does not clearly state the development rights associated with
repair and maintenance, alterations, or expansions;
WHEREAS, redevelopment opportunities for property owners of nonconforming
residential uses are now restricted due to the passage of Senate Bill 330 ("SB") and SB
8;
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Ordinance No. 2024-
Page 2 of 5
WHEREAS, SB 330 established and extended the Housing Crisis Act of 2019,
which temporarily prohibits the City until January 1, 2030, from approving a housing
development that results in a net loss of residential density;
WHEREAS, due to the ambiguity in Section 21.38.050 (Nonconforming Uses) of
the NBMC, an amendment to Title 21 is necessary to clarify that residential properties
that are nonconforming due to density may be maintained, altered, or expanded subject
to the limitations set forth in Section 21.38.040 (Nonconforming Structures) of the NBMC;
WHEREAS, prior to the City's 2010 comprehensive update to Title 20 (Planning
and Zoning) of the NBMC ("2010 Zoning Code Update"), the NBMC contained an overlay
district known as the B Overlay;
WHEREAS, previous versions of the NBMC authorized properties located within
the B Overlay to construct an addition to the principal structure using the side setback in
effect at the time the principal structure was constructed ("Title 20 Provision");
WHEREAS, the 2010 Zoning Code Update inadvertently omitted this Title 20
Provision; as such, the Title 20 Provision was also omitted from the LCP during its
creation;
WHEREAS, an amendment to Title 21 is necessary to incorporate the omitted
Title 20 Provision, unencumber these properties from the restrictions of Section 21.38.040
(Nonconforming Structures) of the NBMC, and create consistency with Title 20 (Planning
and Zoning) of the NBMC;
WHEREAS, the City Council adopted Resolution No. 2022-29 by a majority vote
(6 ayes, 1 absent) on May 10, 2022, initiating the code amendment related to
nonconforming uses and structures;
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the code amendment were made
available and a Notice of Availability was distributed on September 21, 2022, at least six
weeks prior to the anticipated final action date;
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Ordinance No. 2024-
Page 3 of 5
WHEREAS, the Planning Commission held a duly noticed public hearing on
October 20, 2022, in the City Council Chambers located at 100 Civic Center Drive,
Newport Beach, California. A notice of time, place and purpose of the hearing was given
in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown
Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2022-027 by a majority vote (4 ayes, 3 abstentions)
recommending to the City Council the submission of Local Coastal Program Amendment
No. LC2022-002 ("LCP Amendment") to the California Coastal Commission;
WHEREAS, a public hearing was held by the City Council on November 15, 2022,
in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the public hearing was given in accordance with
the Ralph M. Brown Act, Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and
14 CCR Section 13515. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing;
WHEREAS, at the hearing, the City Council adopted Resolution No. 2022-82 by
a unanimous vote (6 ayes, 0 nays, and 1 absent) authorizing the submittal of the LCP
Amendment to amend Sections 21.18.030 (Residential Coastal Zoning Districts General
Development Standards), 21.38.040 (Nonconforming Structures), and 21.38.050
(Nonconforming Uses) of the NBMC to conform with state law and correct errors related
to setbacks;
WHEREAS, City Council also adopted Ordinance No. 2022-22 by a unanimous
vote (6 ayes, 0 nays, and 1 absent) on November 15, 2022, to adopt the accompanying
zoning code amendment; and
WHEREAS, the California Coastal Commission approved the LCP Amendment
(LCP-5-NPB-22-0056-1 Part C) on May 8, 2024, as a major amendment with no
modifications, as a result, is deemed approved and became a certified part of Title 21.
lE
Ordinance No. 2024-
Page 4 of 5
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve LCP Amendment No.
LC2022-002 (PA2022-076), amending Sections 21.18.030 (Residential Coastal Zoning
Districts General Development Standards), 21.38.040 (Nonconforming Structures), and
21.38.050 (Nonconforming Uses) of the NBMC, as set forth in Exhibit "A," which is attached
hereto and incorporated herein by reference.
Section 2: The LCP and Title 21, including this LCP Amendment, shall be
carried out in full conformance with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The City
Council hereby declares that it would have passed this ordinance 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 5: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. The LCP Amendment 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 LCP
Amendment does not authorize specific new development and only affects existing
structures. The LCP Amendment will not increase the number of dwelling units and will
not have a direct effect on the environment
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
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Ordinance No. 2024-
Page 5 of 5
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. The ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 24th day of September, 2024, and adopted on the 8th day
of October, 2024, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TORNEY'S OFFICE
AAR N C. HARP, CITY TTORNEY
Attachment: Exhibit A — Amendment to Title 21 (Local Coastal Program
Implementation Plan)
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EXHIBIT A
Amendment to Title 21 (Local Coastal Program Implementation Plan)
Section 1: The rows entitled "Side [Setbacks]" in Table 21.18-2 (Development
Standards for Single -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
R-A
R-1
R-1-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft. (7)
21.30.1121.30.11 0
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Side (street side):
Lots 40 ft. wide or less
5 ft.
3 ft.
6 ft. (7)
21.30.1121.30.11 0
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Section 2: The following footnote for Table 21.18-2 (Development Standards for
Single -Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards) of the NBMC shall be added:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 3: The rows entitled "Side [Setbacks]" Table 21.18-3 (Development
Standards for Two -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. (7)
21.38.040 (1)
Lots 40'1 " wide to 49'11 "
4 ft.
4 ft.
6 ft. (7)
wide
Lots 50 ft. wide and greater
N/A
4 ft.
6 ft. (7)
Side (street side):
Lots 40 ft. wide or less
3 ft.
3 ft.
N/A
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
N/A
21.38.040 (1)
wide
Lots 50 ft. wide and greater
N/A
N/A
6 ft. (7)
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Section 4: The following footnote for Table 21.18-3 (Development Standards for
Two -Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards) of the NBMC shall be added:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 5: The rows entitled "Side [Setbacks]" Table 21.18-4 (Development
Standards for Multi -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
RM
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
6 ft. (9)
Lots 40'1" wide to 49'11"
4 ft.
6 ft. (9)
21.38.040 (1)
wide
Lots 50 ft. wide and greater
8% of the average lot
6 ft. (9)
width (4)
Side (street side):
Lots 40 ft. wide or less
3 ft.
N/A
Lots 401 " wide to 49'11 "
4 ft.
N/A
21.38.040 (1)
wide
Lots 50 ft. wide and greater
8% of the average lot
6 ft. (9)
width (4)
Section 6: The following footnote for Table 21.18-4 (Development Standards for
Multi -Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards) of the NBMC shall be added:
(9) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 7: NBMC Section 21.38.020 (Applicability) is amended to read as follows:
A. Legally Established Uses and Structures. The provisions of this chapter shall apply to
all legally established uses and structures that do not conform to the use regulations or
development standards of this Implementation Plan.
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B. Exemptions. A structure that was legally constructed prior to October 26, 2010, shall be
exempt from the limitations identified in Section 21.38.040(G)(2) unless the structure is
nonconforming because it does not comply with the required setbacks.
Section 8: NBMC Section 21.38.040 (Nonconforming Structures) is amended to
read as follows:
21.38.040 Nonconforming Structures.
Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del
Mar and Balboa Village that are nonconforming because they exceed the allowed floor area
shall be exempt from the limits of this section and may be demolished and reconstructed to
their preexisting height and floor area; provided, that not less than the preexisting number
of parking spaces is provided along with provisions for alternative modes of transportation.
2. Landmark Structures. Landmark structures shall be exempt from the requirements of
this chapter in compliance with Section 21.38.070 (Landmark Structures).
3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal
structures within the R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts that
are nonconforming only because side yard setback requirements have been amended
subsequent to the original construction are exempt from the limits of this section.
Section 9: NBMC Section 21.38.050 is amended to read as follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as provided
in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
1. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning
districts, and in areas where residential uses are not allowed in Planned
Community Districts or specific plan districts, a use that was previously allowed by
right, but which becomes nonconforming because of new permit regulations, may
be expanded or intensified (e.g., increase in floor area, lot area, or occupancy load)
if such new development does not increase the degree of nonconformity, complies
with the coastal protection policies of the Local Coastal Program, and is subject to
the approval of a coastal development permit.
2. Residential Coastal Zoning Districts. In residential coastal zoning districts,
and in areas where residential uses are allowed in Planned Community Districts or
Specific Plans, a residential use that is nonconforming because it exceeds the
allowed number of units for the coastal zoning district may be altered in compliance
with the requirements of Section 20.38.040 (Nonconforming Structures).
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B. Change of Use.
A nonconforming nonresidential use may be changed to a conforming use, provided
the change does not create or increase a deficiency in required off-street parking
except as provided in Section 21.38.060 (Nonconforming Parking).
C. Exception for Landmark Structures.
The use of a landmark structure may be changed, expanded, increased, or
intensified subject to compliance with the provisions of Section 21.38.070
(Landmark Structures).
D. Exception for Short -Term Lodging.
A short-term lodging unit legally established on or before June 1, 2004, on a parcel
in the R-1 (Single -Unit Residential) Coastal Zoning District, or a parcel designated
for single -unit dwelling land use as part of a planned community development plan,
may continue.
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Attachment B
Ordinance No. 2022-25 (Title 20)
3-15
ORDINANCE NO. 2022-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ZONING CODE AMENDMENT NO. CA2022-004 TO
AMEND SECTIONS 20.18.030 (RESIDENTIAL ZONING
DISTRICTS GENERAL DEVELOPMENT STANDARDS),
20.38.040 (NONCONFORMING STRUCTURES), AND
20.38.050 (NONCONFORMING USES) OF THE NEWPORT
BEACH MUNICIPAL CODE TO CONFORM WITH STATE
LAW AND CORRECT ERRORS RELATED TO SETBACKS
(PA2022-076)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Chapter 20.38 (Nonconforming Uses and Structures) of the
Newport Beach Municipal Code ("NBMC") distinguishes 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), a nonconforming structure (e.g., a structure that was lawfully
erected, but does not meet current development standards), and a nonconforming use
(e.g., the use of a structure or land, which complied with the zoning code at the time of
its establishment, but is no longer a permitted use);
WHEREAS, Section 20.38.050 (Nonconforming Uses) of the NBMC authorizes
the alteration of nonconforming residential uses with more units than permitted to
reduce the number of dwelling units, but does not clearly state the development rights
associated with repair and maintenance, alterations, or expansions;
WHEREAS, redevelopment opportunities of nonconforming residential uses are
now restricted under Senate Bill 330 and Senate Bill 8 which place limitations on the
City's ability to disapprove a housing development that would result in a net loss of
residential density through January 1, 2030;
WHEREAS, due to the ambiguity in Section 20.38.050 (Nonconforming Uses) of
the NBMC, a code amendment is necessary to clarify that residential properties that are
nonconforming due to density may be maintained, altered, or expanded subject to the
limitations set forth in Section 20.38.040 (Nonconforming Structures);
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Ordinance No. 2022-25
Page 2 of 9
WHEREAS, prior to the 2010 comprehensive update to Title 20 (Planning and
Zoning) of the NBMC ("2010 Zoning Code Update"), the NBMC contained an overlay
district known as B Overlay, which was redesignated as the R-1-6,000, R-1-7,200, R-1-
10,000, R-2-6,000, and RM-6,000 zoning districts in the 2010 Zoning Code Update;
WHEREAS, previous versions of the NBMC authorized an addition to the
principal structures located within the former B Overlay to the side yard setback in effect
at the time the principal structure was constructed;
WHEREAS, the 2010 Zoning Code Update inadvertently omitted this provision,
therefore, Zoning Code Amendment No. CA2022-004 is necessary to reinstate the
omitted provision and unencumber these properties from the restrictions in Section
20.38.040 (Nonconforming Structures) of the NBMC;
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-29
by a majority vote (6 ayes, 1 absent) initiating Zoning Code Amendment No. CA2022-
004 related to nonconforming uses and structures;
WHEREAS, the Planning Commission held a public hearing on October 20,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the 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 hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-026 by a majority vote (4 ayes, 3 abstentions) recommending to the City
Council approval of Zoning Code Amendment No. CA2022-004; and
WHEREAS, the City Council held a public hearing on November 15, 2022 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the 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 City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Citv of Newport Beach 3_1
Ordinance No. 2022-25
Page 3 of 9
Section 1: The City Council finds amendments to Title 20 (Planning and
Zoning) of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set
forth any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, Zoning Code Amendment No. CA2022-004 is consistent
with the Housing Crisis Act of 2019 and the Newport Beach General Plan.
a. Zoning Code Amendment No. CA2022-004 is consistent with the Housing
Crisis Act of 2019 as it will help extend the useable life of the City's
existing housing stock, while avoiding the need to demolish dwelling units
to redevelop certain properties.
b. Zoning Code Amendment No. CA2022-004 is consistent with General
Plan Policy LU6.2.1 (Residential Supply) as it will allow limited
improvements to nonconforming residential uses, resulting in the
maintenance and general improvement of the City's existing housing stock
and supply.
c. Zoning Code Amendment No. CA2022-004 is consistent with the Housing
Policy 2.1, by encouraging the preservation of existing housing and
provision of new housing affordable to extremely low-, very low- and
moderate -income households. Allowing alterations to existing
nonconforming units, rather than encouraging the demolition and new
construction of units, preserves a portion of the City's existing housing
stock that is generally more affordable.
d. Zoning Code Amendment No. CA2022-004 is consistent with General
Plan Policy LU 5.1.7 (Renovation and Replacement of Existing Residential
Units) which requires, "residential units that are renovated and rebuilt in
existing single-family neighborhoods adhere to the principles for new
developments." Any modifications proposed as a result of Zoning Code
Amendment No. CA2022-004 must, otherwise, conform with the
development standards in effect at the time of the application. This includes
floor area, lot coverage, height, and parking. Similarly, when a property
owner wishes to rebuild a residence, the new dwelling must comply with the
requirements in effect at the time of the application.
3-18
Ordinance No. 2022-25
Page 4 of 9
Section 2: The rows entitled "Side [Setbacks]" in Table 2-2 (Development
Standards for Single -Unit Residential Zoning Districts) of Section 20.18.030 (Residential
Zoning Districts General Development Standards) of the NBMC shall be amended to read
as follows:
Development
Feature
R-A
R-1
R-1-6,000
R-1-7,200
R-1-10,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or
5 ft.
3 ft. (4)
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.30.110
less
20.48.180
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.38.040 (H)
Side (street side):
Lots 40 ft. wide or
5 ft.
3 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.30.110
less
20.48.180
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.38.040 (H)
Section 3: Footnote 7 of Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of the NBMC shall be added to read as follows:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 4: The rows entitled "Side [Setbacks]" in Table 2-3 (Development
Standards for Two -Unit and Multi -Unit Residential Zoning Districts) of Section 20.18.030
(Residential Zoning Districts General Development Standards) of the NBMC shall be
amended to read as follows:
3-19
Ordinance No. 2022-25
Page 5 of 9
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. (10)
20.38.040 (H)
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
6 ft. (10)
20.38.040 (H)
wide
Lots 50 ft. wide and greater
N/A
4 ft.
6 ft. (10)
Side (street side):
20.38.040 (H)
Lots 40 ft. wide or less
3 ft.
3 ft.
N/A
Lots 40'1 " wide to 49'11 "
4 ft.
4 ft.
N/A
wide
Lots 50 ft. wide and greater
N/A
N/A
6 ft. (10)
Development Feature
RM
RMD
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
N/A
6 ft. (10)
20.38.040 (H)
Lots 40'1" wide to 49'11"
4 ft.
5 ft.
6 ft. (10)
wide
Lots 50 ft. wide and greater
8% of the average lot width
N/A
6 ft. (10)
(5)
Side (street side):
Lots 40 ft. wide or less
3 ft.
N/A
20.38.040 (H)
5 ft.
Lots 40"" wide to 49"1"
4 ft.
N/A
wide
Lots 50 ft. wide and greater
8% of the average lot width
6 ft. (10)
(5)
Section 5: Footnote 10 of Table 2-3 (Development Standards for Two -Unit and
Multi -Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts
General Development Standards) of the NBMC shall be added to read as follows:
3-20
Ordinance No. 2022-25
Page 6 of 9
(10) An addition to the principal structure shall be allowed to be constructed to the
side yard setback in effect at the time the principal structure was constructed provided
the addition meets applicable building and fire code standards.
Section 6: Section 20.38.040(H) (Exceptions) of the NBMC is amended to read
as follows:
20.38.040 Nonconforming Structures.
H. Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within
Corona del Mar and Balboa Village that are nonconforming because they exceed
the allowed floor area shall be exempt from the limits of this section and may be
demolished and reconstructed to their preexisting height and floor area; provided,
that not less than the preexisting number of parking spaces is provided.
2. Landmark Structures. Landmark structures shall be exempt from the
requirements of this chapter in compliance with Section 20.38.070 (Landmark
Structures).
3. R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and RM-6,000 Zoning
Districts. Existing principal structures within the R-1-6,000, R-1-7,200, R-1-
10,000, R-2-6,000, and RM-6,000 Zoning Districts, previously designated within
the B Overlay District, with nonconforming side yard setbacks only are exempt
from the limits of this section.
Section 7: Section 20.38.050 (Nonconforming Uses) of the NBMC is amended
to read as follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as
provided in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
3-21
Ordinance No. 2022-25
Page 7 of 9
1. Nonresidential Zoning Districts. In nonresidential zoning districts, and in
areas where residential uses are not allowed in Planned Community Districts or
specific plan districts, a use that was previously allowed by right, but which
becomes nonconforming because of new permit regulations, may be expanded or
intensified (e.g., increase in floor area, lot area, or occupancy load) subject to the
approval of a conditional use permit.
2. Residential Zoning Districts. A residential use that is nonconforming
because it exceeds the allowed number of units for the zoning district may be
altered subject to compliance with the provisions of Section 20.38.040
(Nonconforming Structures).
B. Change of Use. A nonconforming nonresidential use may be changed to a
conforming use, provided the change does not create or increase a deficiency in
required off-street parking except as provided in Section 20.38.060 (Nonconforming
Parking).
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified without obtaining a conditional use
permit required by this section subject to compliance with the provisions of Section
20.38.070 (Landmark Structures).
Section 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
3-22
Ordinance No. 2022-25
Page 8 of 9
Section 10: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. Zoning Code Amendment No.
CA2022-004 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.
Section 11: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 12: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
3-23
Ordinance No. 2022-25
Page 9 of 9
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 15th day of November, 2022, and adopted on the 29t"
day of November, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Mayor Pro Tern Blom, Council Member Avery
Council Member Brenner, Council Member Dixon, Council Member
Duffield, Council Member O'Neill
NAYS:
ABSENT:
KEVIN MU ZOON, MAYOR
ATTEST:
LEILANI 1. BROWN,-
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AA`kON C. HARP, CITY ATTORNEY
3-24
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; that the foregoing ordinance, being Ordinance
No. 2022-25 was duly introduced on the 151h day of November, 2022, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 291h day of November, 2022, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 30th day of November, 2022.
W PO
r""
Leilani I. Brown, MMC
V hm n City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2022-25 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: November 19, 2022
Adopted Ordinance: December 3, 2022
In witness whereof, I have hereunto subscribed my name this day of December, 2022.
Leilani I. Brown,
City Clerk
City of Newport Beach, California
�V_L r F: o'-a
3-25
Attachment C
Resolution No. 2022-82
3-26
RESOLUTION NO. 2022-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2022-002 TO AMEND SECTIONS
21.18.030 (RESIDENTIAL COASTAL ZONING DISTRICTS
GENERAL DEVELOPMENT STANDARDS), 21.38.040
(NONCONFORMING STRUCTURES), AND 21.38.050
(NONCONFORMING USES) OF THE NEWPORT BEACH
MUNICIPAL CODE TO CONFORM WITH STATE LAW AND
CORRECT ERRORS RELATED TO SETBACKS (PA2022-
076)
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program ("LCP") for that portion of the coastal zone
within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the Local Coastal
Program Coastal Land Use Plan which has been amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP
on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation
Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC") on January 30, 2017;
WHEREAS, Chapter 21.38 (Nonconforming Uses and Structures) of the NBMC
distinguishes 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), a nonconforming
structure (e.g., a structure that was lawfully erected, but does not meet current
development standards), and a nonconforming use (e.g., the use of a structure or land,
which complied with the zoning code at the time of its establishment, but is no longer a
permitted use),
WHEREAS, Section 21.38.050 (Nonconforming Uses) of the NBMC authorizes
the alteration of nonconforming residential uses with more units than permitted to reduce
the number of dwelling units, but does not clearly state the development rights associated
with repair and maintenance, alterations, or expansions;
WHEREAS, redevelopment opportunities of nonconforming residential uses are
now restricted under Senate Bill 330 and Senate Bill 8 which place limitations on the City's
ability to disapprove a housing development that would result in a net loss of residential
density through January 1, 2030;
3-27
Resolution No. 2022-82
Page 2 of 6
WHEREAS, due to the ambiguity in Section 21.38.050 (Nonconforming Uses) of
the NBMC, Local Coastal Program Amendment No. LC2022-002 is necessary to clarify
that residential properties that are nonconforming due to density may be maintained,
altered, or expanded subject to the limitations set forth in Section 21.38.040
(Nonconforming Structures);
WHEREAS, prior to the 2010 comprehensive update to Title 20 (Planning and
Zoning) of the NBMC ("2010 Zoning Code Update"), the NBMC contained an overlay
district known as the B Overlay, which was redesignated as the R-1-6,000, R-1-7,200, R-
1-10,000, R-2-6,000, and RM-6,000 zoning districts in the 2010 Zoning Code Update;
WHEREAS, previous versions of the NBMC authorized an addition to the principal
structure located within the former B Overlay to the side yard setback in effect at the time
the principal structure was constructed;
WHEREAS, the 2010 Zoning Code Update inadvertently omitted this provision,
therefore, the provision was also omitted from Title 21 when the City assumed coastal
development permit -issuing authority under the LCP;
WHEREAS, Local Coastal Program Amendment No. LC2022-002 is necessary to
incorporate the omitted provision and unencumber these properties from the restrictions
of Section 21.38.040 (Nonconforming Structures) of the NBMC and maintain consistency
with Zoning Code Amendment No. CA2022-004;
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-29
by a majority vote (6 ayes, 1 absent) initiating Local Coastal Program Amendment No.
LC2022-002 related to nonconforming uses and structures;
WHEREAS, the Planning Commission held a public hearing on October 20, 2022
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the hearing was given in accordance with the
California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-027 by a majority vote (4 ayes, 3 abstentions) recommending to the City Council
the submission of Local Coastal Program Amendment No. LC2022-002 to the Coastal
Commission;
3-28
Resolution No. 2022-82
Page 3 of 6
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, ("Section 13515") review drafts of Local Coastal Program Amendment No.
LC2022-002 were made available and a Notice of the Availability was distributed a
minimum of six weeks prior to the City Council public hearing; and
WHEREAS, the City Council held a public hearing on November 15, 2022 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the hearing was given in accordance with the Ralph M.
Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit Local
Coastal Program Amendment No. LC2022-002 to the California Coastal Commission,
which is attached hereto as Exhibit "A," and incorporated herein by reference.
Section 2: The City Council finds amendments to Title 21 (Local Coastal
Program Implementation Plain) of the NBMC are legislative acts. Neither Title 21 nor
State Planning Law set forth any required findings for either approval or denial of such
amendments. Notwithstanding the foregoing, Local Coastal Program Amendment No.
LC2022-002 is consistent with the Housing Crisis Act of 2019 and the Newport Beach
Coastal Land Use Plan.
a. Local Coastal Program Amendment No. LC2022-002 is consistent with the
Housing Crisis Act of 2019 as it will help extend the useable life of the City's
existing housing stock, while avoiding the need to demolish dwelling units to
redevelop certain properties.
3-29
Resolution No. 2022-82
Page 4 of 6
b. Local Coastal Program Amendment No. LC2022-002 is consistent with Coastal
Land Use Plan Policy 2.2.5-4 which states, "The enlargement or intensification
of legally established nonconforming uses shall be limited to only those uses
normally permitted by right or by the approval of a use permit, but which were
made nonconforming by additional regulations of the district in which they are
located. Such enlargement or intensification shall be subject to discretionary
review and approval by the City and shall not increase the degree of the use's
nonconformity." Local Coastal Program Amendment No. LC2022-002 is
consistent with the policy in that it allows limited improvements to
nonconforming residential uses. Local Coastal Program Amendment No.
LC2022-002 will not allow increases to the number of dwelling units on the
property or any other development which is not otherwise authorized by the
development standards of the coastal zoning district.
c. Local Coastal Program Amendment No. LC2022-002 is consistent with Coastal
Land Use Policy 2.7-1 which requires development to "maintain appropriate
setbacks and density, floor area, and height limits for residential development to
protect the character of established neighborhoods and to protect coastal access
and coastal resources". Local Coastal Program Amendment No. LC2022-002
does not authorize any new development which will block coastal access. Local
Coastal Program Amendment No. LC2022-002 provides increased
opportunities to alter and maintain existing properties.
d. Adoption of Local Coastal Program Amendment No. LC2022-002 will not
supersede Coastal Land Use Plan Policy 2.7-2 which requires the continued
administration of provisions of State law relative to the demolition, conversion,
and construction of low and moderate -income dwelling units within the coastal
zone. The demolition or conversion of a low- or moderate -income unit within the
coastal zone will remain subject to 21.34 (Conversion of Demolition of Affordable
Housing) of the NBMC and state law.
Section 3: Local Coastal Program Amendment No. LC2022-002 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach.
Section 4: The certified LCP, including the proposed amendment, will be carried
out fully in conformity with the California Coastal Act.
3-30
Resolution No. 2022-82
Page 5 of 6
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: 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 7: The City Council finds the introduction and adoption of this resolution
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Local Coastal Program Amendment No. LC2022-
002 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. Local Coastal Program Amendment No. LC2022-002 does not authorize
specific new development and only affects existing structures. Local Coastal Program
Amendment No. LC2022-002 will not increase the number of dwelling units and will not
have a direct effect on the environment.
3-31
Resolution No. 2022-82
Page 6 of 6
Section 8: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 15th day of November, 2022.
Kevin Mul o
Mayo �
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-e, Q /� .",
ar n C. Harp
City Attorney
Attachment(s): Exhibit A - Local Coastal Program Amendment No. LC2022-002
3-32
EXHIBIT "A"
City of Newport Beach Local Coastal Program Amendment No. LC2022-002
Related to Nonconforming Uses and Side Setbacks
Section 1: The rows entitled "Side [Setbacks]" in Table 21.18-2 (Development
Standards for Single -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
R-A
R-1
R-1-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft. (7)
21.30.121.30.11 0
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Side (street side):
Lots 40 ft. wide or less
5 ft.
3 ft.
6 ft. (7)
21.30.121.30.11 0
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Section 2: Footnote 7 of Table 21.18-2 (Development Standards for Single -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added to read as follows:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 3: The rows entitled "Side [Setbacks]" in Table 21.18-3 (Development
Standards for Two -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. (7)
21.38.040 (1)
Lots 40'1" wide to 4911"
4 ft.
4 ft.
6 ft. (7)
wide
Lots 50 ft. wide and greater
N/A
4 ft.
6 ft. (7)
Side (street side):
Lots 40 ft. wide or less
3 ft.
3 ft.
N/A
Lots 401" wide to 49'11"
4 ft.
4 ft.
N/A
21.38.040 (1)
wide
3-33
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Lots 50 ft. wide and greater
N/A
N/A
6 ft. (7)
Section 4: Footnote 7 of Table 21.18-3 (Development Standards for Two -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added to read as follows:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 5: The rows entitled "Side [Setbacks]" in Table 21.18-4 (Development
Standards for Multi -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
RM
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
6 ft. (9)
Lots 40'1" wide to 49'11"
4 ft.
6 ft. (9)
21.38.040 (1)
wide
Lots 50 ft. wide and greater
8% of the average lot
6 ft. (9)
width (4)
Side (street side):
Lots 40 ft. wide or less
3 ft.
N/A
Lots 40'1" wide to 49'11"
4 ft.
N/A
21.38.040 (1)
wide
Lots 50 ft. wide and greater
8% of the average lot
6 ft. (9)
width (4)
Section 6: Footnote 9 of Table 21.18-4 (Development Standards for Multi -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added to read as follows:
(9) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 7: Section 21.38.040(I) (Exceptions) is amended to read as follows:
21.38.040 Nonconforming Structures.
Exceptions.
3-34
1. Corona del Mar and Balboa Village. Existing nonresidential structures within
Corona del Mar and Balboa Village that are nonconforming because they exceed the
allowed floor area shall be exempt from the limits of this section and may be
demolished and reconstructed to their preexisting height and floor area; provided,
that not less than the preexisting number of parking spaces is provided along with
provisions for alternative modes of transportation.
2. Landmark Structures. Landmark structures shall be exempt from the
requirements of this chapter in compliance with Section 21.38.070 (Landmark
Structures).
3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal
structures within the R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts
that are nonconforming only because side yard setbacks were amended subsequent
to the original construction are exempt from the limits of this section.
Section 8: Section 21.38.050 (Nonconforming Uses) of the NBMC is amended to
read as follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as provided
in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
1. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning
districts, and in areas where residential uses are not allowed in Planned Community
Districts or specific plan districts, a use that was previously allowed by right, but which
becomes nonconforming because of new permit regulations, may be expanded or
intensified (e.g., increase in floor area, lot area, or occupancy load) if such new
development does not increase the degree of nonconformity, complies with the
coastal protection policies of the Local Coastal Program, and is subject to the
approval of a coastal development permit.
2. Residential Coastal Zoning Districts. In residential coastal zoning districts, and
in areas where residential uses are allowed in Planned Community Districts or
Specific Plans, a residential use that is nonconforming because it exceeds the
allowed number of units for the coastal zoning district may be altered subject to
compliance with the provisions of Section 21.38.040 (Nonconforming Structures).
B. Change of Use. A nonconforming nonresidential use may be changed to a
conforming use, provided the change does not create or increase a deficiency in
required off-street parking except as provided in Section 21.38.060 (Nonconforming
Parking).
3-35
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified subject to compliance with the provisions of
Section 21.38.070 (Landmark Structures).
D. Exception for Short -Term Lodging. A short-term lodging unit legally established on
or before June 1, 2004, on a parcel in the R-1 (Single -Unit Residential) Coastal Zoning
District, or a parcel designated for single -unit dwelling land use as part of a planned
community development plan, may continue.
City of Newport Beach „s
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. 2022-82 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 15th day of November, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
ABSENT: Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 161h day of November, 2022.
►t.fflnR � � �
Leilani I. Brown I
City Clerk
Newport Beach, California
3-37
Attachment D
November 15, 2022 Staff Report
3-38
CITY OF
NEWPORT BEACH
City Council Staff Report
111,919
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
November 15, 2022
Agenda Item No. 20
:[�L[�7:�_►:j>A�►►1_►'[i]:�:1►1�lul�i►►I:j�:J~Y�]�::I�il:�'<iI�l�J>•[yl>A
Seimone Jurjis, Community Development Director - 949-644-3232,
sj u rj is@ n ewportbeach ca . gov
Joselyn Perez, Assistant Planner, jperez@newportbeachca.gov
949-644-3312
Ordinance No. 2022-25: Nonconforming Code and Local Coastal
Program Amendments (PA2022-076)
For the City Council's consideration are amendments to Title 20 (Planning and Zoning)
and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC). The amendments include two parts: 1) clarifying development
allowances for residential uses that are nonconforming due to density; and 2) reinstating a
side setback allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000,
and the RM-6,000 zoning and coastal zoning districts. The side setback allowance would
allow additions in line with the principal structure regardless of the current minimum side
setback standards.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find the amendments exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly. The LCP
Amendment 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;
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-25, An Ordinance of the City Council of the City of Newport Beach,
California, Adopting Zoning Code Amendment No. CA2022-004 to Amend Sections
20.18.030 (Residential Zoning Districts General Development Standards), 20.38.040
(Nonconforming Structures), and 20.38.050 (Nonconforming Uses) of the Newport
Beach Municipal Code to Conform with State Law and Correct Errors Related to
Setbacks (PA2022-076), and parses ttoo �s�ecfond reading ionn Novem�b-er 29, 2022; and
tLJi uf Y G VV prL beau , 23-39
0-1
Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments
November 15, 2022
Page 2
d) Adopt Resolution No. 2022-82, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing the Submittal of Local Coastal Program Amendment
No. LC2022-002 to Amend Sections 21.18.030 (Residential Coastal Zoning Districts
General Development Standards), 21.38.040 (Nonconforming Structures), and
21.38.050 (Nonconforming Uses) of the Newport Beach Municipal Code to Conform
with State Law and Correct Errors Related to Setbacks (PA2022-075).
DISCUSSION:
Early housing development within the City is characterized by a mixture of single-family,
multi -family, and mixed -use housing near commercial and visitor -serving uses. Duplexes,
triplexes and fourplexes can be found primarily in the older neighborhoods such as West
Newport, the Balboa Peninsula, Balboa Island, and Corona del Mar. Throughout the
years, many blocks have been rezoned to lower residential densities. Residential
properties that have been legally developed with more dwelling units than allowed under
current zoning regulations are considered a nonconforming use (e.g., duplex in a
single-family residential zoning district). These properties are subject to the restrictions
set forth in NBMC 20.38 and 21.38 (Nonconforming Uses and Structures). The existing
code provisions (20.38.050 and 21.38.050) state that a property owner of a
nonconforming use is able to alter their residence to reduce the total number of dwelling
units to a conforming number; however, the code provisions do not provide clear guidance
regarding other allowances such as allowing property owners to make repairs, alterations
or improvements to a nonconforming residential use. Due to this lack of clarity, some
property owners have not made the needed investments in their property.
Redeveloping these nonconforming properties with a compliant density became
infeasible in 2019 with the passage of the Housing Crisis Act of 2019 (SB 330). The law
provides, "[a city] shall not approve a housing development project that will require the
demolition of residential dwelling units unless the project will create at least as many
residential dwelling units as will be demolished." Although SB 330 was originally set to
sunset on January 1, 2025, it was extended to January 1, 2030, with the passage of
SB 8 (Chapter 161, Statutes of 2021).
Proposed Amendment
The proposed amendment will revise NBMC 20.38.050 and 21.38.050 (Nonconforming
Uses) to clarify that residential properties that are nonconforming due to density may be
maintained, altered or expanded pursuant to the limitations of NBMC Sections 20.38.040
and 21.38.040 (Nonconforming Structures). The amendment will allow alterations and
additions of up to 50 percent of the floor area of the existing structure provided the addition
complies with applicable development standards. Should the property also be
nonconforming due to parking, the improvements will be subject to NBMC 20.38.060 and
21.38.060 (Nonconforming Parking), which will limit additions to up to 10 percent of the
existing floor area of the structure. A detailed strikeout/underline draft of the proposed
amendments is provided as Attachment G (Redline Strikeout Version of Proposed
Amendments).
City of Newport Beach 3-40
20-2
Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments
November 15, 2022
Page 3
Side Setback Clarification
Prior to the City of Newport Beach's (City's) 2010 comprehensive zoning code update,
the NBMC contained an overlay district known as the Combining or "B" District
(B Overlay). During the update, the B Overlay was modified and became the R-1-6,000,
R-1-7,200, R-1-10,000, R-2-6,000, and the RM-6,000 zoning districts.
Most properties in the B Overlay were originally permitted and developed under the
County of Orange and were later annexed by the City. Many of the homes were developed
with a Smaller side setback than required by the City's B Overlay (e.g., constructed with
5-foot side setback where 6 feet is required). Due to the inconsistency between the actual
side setbacks provided and the minimum side setbacks required by the B Overlay, the
zoning code was amended in the 1960s to allow properties located within the B Overlay
to construct an addition to the principal structure at the existing nonconforming side yard
setback. Equally important, the amendment exempted these structures from development
restrictions within the nonconforming code provisions, meaning they were not considered
or treated as a nonconforming structure.
This allowance was carried through future iterations of the NBMC until as recently as
2010. During the 2010 zoning code update, the provision was inadvertently omitted. As
shown in Figure 1, without the provision, an addition to a structure with a nonconforming
side setback cannot be completed in the same plane with the existing residence and
requires an inward jog to the current required setback. The inward jog in the design of the
home creates unnecessary structural complications and forces inconvenient floor plans.
I-
Area of Addition l
(Staggered to Required Setbacks)
If
i
Existing House
(Noriconforming Setbacks)
I �
I�
t
I. , , .. .
Figure 1: Example nonconforming FR-1-6,000 property with are addition staggered to
provide the required 6-foot setback. POrL O e d �f- `V l 1 3-41
LJ 20-3
Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments
November 15, 2022
Page 4
Proposed Amendment
The proposed amendment will reinstate the omitted provision in both Title 20 and
Title 21. Table 2-2 and Table 2-3 of 20.18.030 (Residential Zoning Districts General
Development Standards) and Table 21.18-2, Table 21.18-3, and Table 21.18-4 of
21.18.030 (Residential Coastal Zoning Districts General Development Standards) will be
amended so that homeowners of former B Overlay properties will once again be allowed
to construct an addition in line with the existing development, as shown in Figure 2.
i-----
E.
-------------
Area et Addtwn
(With Proposed Code Chanp9)
+I
I
I
!,
I
I
Emmong House
I
i
4Nonconlorftn Setbacks)
i
�
I
1
-
I
Y f
Figure 2: Example nonconforming R-]-6,000 property with an addition in line with the principal
structure.
To unencumber these properties from the development restrictions for nonconforming
structures, NBMC 20.38.040 (Nonconforming Structures) subsection (H) and
NBMC 21.38.040 subsection (1) will be amended to clarify that these structures are
exempt from the restrictions of the nonconforming structures section. The proposed
language is available as Attachment G (Redline Strikeout Version of Proposed
Amendments).
Planning Commission Public Hearing and Recommendation
On October 20, 2022, the Planning Commission considered the proposed amendments
and adopted Resolution Nos. PC2022-026 and PC2022-027 (Attachments C and D)
recommending approval of Code Amendment No. CA2022-004 to the City Council and
recommending that the City Council authorize submittal of Local Coastal Program
Amendment No. LC2022-002 to the California Coastal Commission. Meeting minutes are
included as Attachment E. Ui I V ewport beaUl 3-42
20-4
Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments
November 15, 2022
Page 5
During the public comment portion of the hearing, one member of the public, Mr. Jim
Mosher, questioned why the R-1-7,200 zoning district, a former B Overlay district, did not
appear to be included in the amendment. Upon further review, staff agrees that the
R-1-7,200 district should be included in the amendment to ensure that no former
B Overlay property owners with nonconforming side setbacks are inadvertently excluded
from the proposed amendment. The attached draft ordinance and resolution include this
correction.
California Coastal Commission Review
Any amendments to the LCP, including Title 21, must be reviewed and approved by the
City Council prior to submitting the amendment request to the California Coastal
Commission (CCC). The CCC is the final decision -making authority on amendments to
the certified LCP; however, the City retains the ability to reject an LCP amendment in its
entirety if the CCC includes suggested modifications.
Upon approval of the proposed LCP Amendment by the CCC, staff will return to the City
Council with an ordinance formally adopting the Title 21 amendment related to
nonconformities for properties located within the coastal zone.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed is not a project subject to the California Environmental Quality Act
(CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections
15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to
State CEQA Guidelines Section 15061(b)(3) because it has no potential to a have a
significant effect on the environment. The Amendments themselves do not authorize
development that would directly result in physical change to the environment. Lastly,
pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from
the requirements of CEQA in connection with the adoption of a Local Coastal Program..
NOTICING:
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available, and a Notice of Availability was distributed on
September 23, 2022, to all persons and agencies on the Notice of Availability mailing list.
In addition, notice of this amendment was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the Municipal Code and State law. The
item also appeared an the agenda for this meeting, which was posted at City Hall and on
the City website.
City of Newport Beach ,3-43
a,
Ordinance No. 2022-25: Nonconforming Code and Local Coastal Program Amendments
November 15, 2022
Page 6
ATTACHMENTS:
1���"iiiaii�=Qi7't• � .fl"FTiifa�G�►�li►�►�►�.�
Attachment B —
Resolution No. 2022-82
Attachment C
— Planning Commission Resolution PC2022-026
Attachment D
— Planning Commission Resolution PC2022-027
Attachment E — October 20, 2022 Planning Commission Meeting Minutes
Attachment F — October 20, 2022 Planning Commission Staff Report
Attachment G — Redline Version of Proposed Amendments
City of Newport Beach ,3-44
�
Attachment A
Ordinance No. 2022-25 (Title 20 Amendment)
City of Newport Beach ,3-45
o-,
ORDINANCE NO. 2022-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
ZONING CODE AMENDMENT NO. CA2022-004 TO
AMEND SECTIONS 20.18.030 (RESIDENTIAL ZONING
DISTRICTS GENERAL DEVELOPMENT STANDARDS),
20.38.040 (NONCONFORMING STRUCTURES), AND
-20.38.050 (NONCONFORMING USES) OF THE NEWPORT
BEACH MUNICIPAL CODE TO CONFORM WITH STATE
LAW AND CORRECT ERRORS RELATED TO SETBACKS
(PA2022-075)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Chapter 20.38 (Nonconforming Uses and Structures) of the
Newport Beach Municipal Code ("NBMC") distinguishes 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), a nonconforming structure (e.g., a structure that was lawfully
erected, but does not meet current development standards), and a nonconforming use
(e.g., the use of a structure or land, which complied with the zoning code at the time of
its establishment, but is no longer a permitted use);
WHEREAS, Section 20.38.050 (Nonconforming Uses) of the NBMC authorizes
the alteration of nonconforming residential uses with more units than permitted to
reduce the number of dwelling units, but does not clearly state the development rights
associated with repair and maintenance, alterations, or expansions;
WHEREAS, redevelopment opportunities of nonconforming residential uses are
now restricted under Senate Bill 330 and Senate Bill 8 which place limitations on the
City's ability to disapprove a housing development that would result in a net loss of
residential density through January 1, 2030;
WHEREAS, due to the ambiguity in Section 20.38.050 (Nonconforming Uses) of
the NBMC, a code amendment is necessary to clarify that residential properties that are
nonconforming due to density may be maintained, altered, or expanded subject to the
limitations set forth in Section 20.38.040 (Nonconforming Structures);
City or Newport Beach 3-46
,,p
Ordinance No. 2022-
Page 2 of 9
WHEREAS, prior to the 2010 comprehensive update to Title 20 (Planning and
Zoning) of the NBMC ("2010 Zoning Code Update"), the NBMC contained an overlay
district known as B Overlay, which was redesignated as the R-1-6,000, R-1-7,200, R-1-
10,000, R-2-6,000, and RM-6,000 zoning districts in the 2010 Zoning Code Update;
WHEREAS, previous versions of the NBMC authorized an addition to the
principal structures located within the former B Overlay to the side yard setback in effect
at the time the principal structure was constructed;
WHEREAS, the 2010 Zoning Code Update inadvertently omitted this provision,
therefore, Zoning Code Amendment No. CA2022-004 is necessary to reinstate the
omitted provision and unencumber these properties from the restrictions in Section
20.38.040 (Nonconforming Structures) of the NBMC;
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-29
by a majority vote (6 ayes, 1 absent) initiating Zoning Code Amendment No. CA2022-
004 related to nonconforming uses and structures;
WHEREAS, the Planning Commission held a public hearing on October 20,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the California Government Code Section 54950 of 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 hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-026 by a majority vote (4 ayes, 3 abstentions) recommending to the City
Council approval of Zoning Code Amendment No. CA2022-004; and
WHEREAS, the City Council held a public hearing on November 15, 2022 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the 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 City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
City of Newport Beach 3-47
=„
Ordinance No. 2022-
Page 3 of 9
Section 1: The City Council finds amendments to Title 20 (Planning and
Zoning) of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set
forth any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, Zoning Code Amendment No. CA2022-004 is consistent
with the Housing Crisis Act of 2019 and the Newport Beach General Plan.
a. Zoning Code Amendment No. CA2022-004 is consistent with the Housing
Crisis Act of 2019 as it will help extend the useable life of the City's
existing housing stock, while avoiding the need to demolish dwelling units
to redevelop certain properties.
b. Zoning Code Amendment No. CA2022-004 is consistent with General
Pian Policy LU5.2.1 (Residential Supply) as it will allow limited
improvements to nonconforming residential uses, resulting in the
maintenance and general improvement of the City's existing housing stock
and supply.
c. Zoning Code Amendment No. CA2022-004 is consistent with the Housing
Policy 2.1, by encouraging the preservation of existing housing and
provision of new housing affordable to extremely low-, very low- and
moderate -income households. Allowing alterations to existing
nonconforming units, rather than encouraging the demolition and new
construction of units, preserves a portion of the City's existing housing
stock that is generally more affordable.
d. Zoning Code Amendment No. CA2022-004 is consistent with General
Plan Policy LU 5.1.7 (Renovation and Replacement of Existing Residential
Units) which requires, "residential units that are renovated and rebuilt in
existing single-family neighborhoods adhere to the principles for new
developments." Any modifications proposed as a result of Zoning Code
Amendment No. CA2022-004 must, otherwise, conform with the
development standards in effect at the time of the application. This includes
floor area, lot coverage, height, and parking. Similarly, when a property
owner wishes to rebuild a residence, the new dwelling must comply with the
requirements in effect at the time of the application.
City of Newport Beach ,3-48
o-,o
Ordinance No. 2022-
Page 4 of 9
Section 2: The rows entitled "Side [Setbacks]" in Table 2-2 (Development
Standards for Single -Unit Residential Zoning Districts) of Section 20.18.030 (Residential
Zoning Districts General Development Standards) of the NBMC shall be amended to read
as follows -
Development
Feature
R-A
R-1
R-1-6,000
R-1-7,200
R-1-10,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or
5 ft.
3 ft. (4)
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.30.110
less
20.48.180
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.38.040 (H)
Side (street side):
Lots 40 ft. wide or
5 ft.
3 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.30.110
less
20.48.180
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.38.040 (H)
Section 3: Footnote 7 of Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of the NBMC shall be added to read as follows:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 4: The rows entitled "Side [Setbacks]" in Table 2-3 (Development
Standards for Two -Unit and Multi -Unit Residential Zoning Districts) of Section 20.18.030
(Residential Zoning Districts General Development Standards) of the NBMC shall be
amended to read as follows:
City of Newport Beach ,3-49
a„
Ordinance No. 2022--
Page 5 of 9
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. (10)
20.38.040 (H)
Lots 40' 1 " wide to 49'11 "
4 ft.
4 ft.
6 ft. (10)
20.38.040 (H)
wide
Lots 50 ft. wide and greater
NIA
4 ft.
6 ft. (10)
Side (street side):
20.38.040 (H)
Lots 40 ft. wide or less
3 ft.
3 ft.
NIA
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
NIA
wide
Lots 50 ft. wide and greater
NIA
NIA
6 ft. (10)
Development Feature
RM
RMD
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
NIA
6 ft. (10)
20.38.040 (H)
Lots 40'1"wide to 49'11"
4 ft.
5 ft.
6 ft. (10)
wide
Lots 50 ft. wide and greater
8% of the average lot width
NIA
6 ft. (10)
(5)
Side (street side):
Lots 40 ft. wide or less
3 ft.
NIA
20.38.040 (H)
5 ft.
Lots 40'1 " wide to 49'11 "
4 ft.
NIA
wide
Lots 50 ft. wide and greater
8% of the average lot width
6 ft. (10)
(5)
Section 5: Footnote 10 of Table 2-3 (Development Standards for Two -Unit and
Multi -Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts
General Development Standards) of the NBMC shall be added to read as follows:
City of Newport Beach ,3-50
o,,
Ordinance No. 2022-
Page 6 of 9
(10) An addition to the principal structure shall be allowed to be constructed to the
side yard setback in effect at the time the principal structure was constructed provided
the addition meets applicable building and fire code standards.
Section 6: Section 20.38.040(H) (Exceptions) of the NBMC is amended to read
as follows:
20.38.040 Nonconforming Structures.
H. Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within
Corona del Mar and Balboa Village that are nonconforming because they exceed
the allowed floor area shall be exempt from the limits of this section and may be
demolished and reconstructed to their preexisting height and floor area; provided,
that not less than the preexisting number of parking spaces is provided.
2. Landmark Structures. Landmark structures shall be exempt from the
requirements of this chapter in compliance with Section 20.38.070 (Landmark
Structures).
3. R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and RM-6,000 Zoning
Districts. Existing principal structures within the R-1-6,000, R-1-7,200, R-1-
10,000, R-2-6,000, and RM-6,000 Zoning Districts, previously designated within
the B Overlay District, with nonconforming side yard setbacks only are exempt
from the limits of this section.
Section 7: Section 20.38.050 (Nonconforming Uses) of the NBMC is amended
to read as follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as
provided in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
City of Newport Beach ,3-51
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Ordinance No. 2022-
Page 7 of 9
1. Nonresidential Zoning Districts. In nonresidential zoning districts, and in
areas where residential uses are not allowed in Planned Community Districts or
specific plan districts, a use that was previously allowed by right, but which
becomes nonconforming because of new permit regulations, may be expanded or
intensified (e.g., increase in floor area, lot area, or occupancy load) subject to the
approval of a conditional use permit.
2. Residential Zoning Districts. A residential use that is nonconforming
because it exceeds the allowed number of units for the zoning district may be
altered subject to compliance with the provisions of Section 20.38.040
(Nonconforming Structures).
B. Change of Use. A nonconforming nonresidential use may be changed to a
conforming use, provided the change does not create or increase a deficiency in
required off-street parking except as provided in Section 20.38.060 (Nonconforming
Parking).
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified without obtaining a conditional use
permit required by this section subject to compliance with the provisions of Section
20.38.070 (Landmark Structures).
Section 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: if any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
City of Newport Beach ,3-52
o.,.
Ordinance No. 2022-
Page 8 of 9
Section 10: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. Zoning Code Amendment No.
CA2022-004 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.
Section 11: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 12: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
City of Newport Beach =o„
Ordinance No. 2022-
Page 9 of 9
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held an the 15th day of November, 2022, and adopted on the 29tn
day of November, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON "ARP, CI TTORNEY
City of Newport Beach ,3-54
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Attachment B
Resolution No. 2022-82 (Title 21 Amendment)
City of Newport Beach �3-55
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RESOLUTION NO. 2022- 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2022-002 TO AMEND SECTIONS
21.18.030 (RESIDENTIAL COASTAL ZONING DISTRICTS
GENERAL DEVELOPMENT STANDARDS), 21.38.040
(NONCONFORMING STRUCTURES), AND 21.38.050
(NONCONFORMING USES) OF THE NEWPORT BEACH
MUNICIPAL CODE TO CONFORM WITH STATE LAW AND
CORRECT ERRORS RELATED TO SETBACKS (PA2022-
076)
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program ("LCP") for that portion of the coastal zone
within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the Local Coastal
Program Coastal Land Use Plan which has been amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP
on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation
Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC") on January 30, 2017;
WHEREAS, Chapter 21.38 (Nonconforming Uses and Structures) of the NBMC
distinguishes 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), a nonconforming
structure (e.g., a structure that was lawfully erected, but does not meet current
development standards), and a nonconforming use (e.g., the use of a structure or land,
which complied with the zoning code at the time of its establishment, but is no longer a
permitted use);
'WHEREAS, Section 21,38.050 (Nonconforming Uses) of the NBMC authorizes
the alteration of nonconforming residential uses with more units than permitted to reduce
the number of dwelling units, but does not clearly state the development rights associated
with repair and maintenance, alterations, or expansions;
WHEREAS, redevelopment opportunities of nonconforming residential uses are
now restricted under Senate Bill 330 and Senate Bill 8 which place (imitations on the City's
ability to disapprove a housing development that would result in a net loss of residential
density through January 1, 2030;
City of Newport Beach =3-56
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Resolution No. 2022-
Page 2 of 6
WHEREAS, due to the ambiguity in Section 21.38.050 (Nonconforming Uses) of
the NBMC, Local Coastal Program Amendment No. LC2022-002 is necessary to clarify
that residential properties that are nonconforming due to density may be maintained,
altered, or expanded subject to the limitations set forth in Section 21.38.040
(Nonconforming Structures);
WHEREAS, prior to the 2010 comprehensive update to Title 20 (Planning and
Zoning) of the NBMC ("2010 Zoning Code Update"), the NBMC contained an overlay
district known as the B Overlay, which was redesignated as the R-1-6,000, R-1-7,200, R-
1-10,000, R-2-6,000, and RM-6,000 zoning districts in the 2010 Zoning Code Update;
WHEREAS, previous versions of the NBMC authorized an addition to the principal
structure located within the former B Overlay to the side yard setback in effect at the time
the principal structure was constructed;
WHEREAS, the 2010 Zoning Code Update inadvertently omitted this provision,
therefore, the provision was also omitted from Title 21 when the City assumed coastal
development permit -issuing authority under the LCP;
WHEREAS, Local Coastal Program Amendment No. LC2022-002 is necessary to
incorporate the omitted provision and unencumber these properties from the restrictions
of Section 21.38.040 (Nonconforming Structures) of the NBMC and maintain consistency
with Zoning Code Amendment No. CA2022-004;
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-29
by a majority vote (6 ayes, 1 absent) initiating Local Coastal Program Amendment No.
LC2022-002 related to nonconforming uses and structures;
WHEREAS, the Planning Commission held a public hearing on October 20, 2022
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California.
A notice of time, place and purpose of the hearing was given in accordance with the
California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-027 by a majority vote (4 ayes, 3 abstentions) recommending to the City Council
the submission of Local Coastal Program Amendment No. LC2022-002 to the Coastal
Commission;
City of Newport Beach =3-57
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Resolution No. 2022-
Page 3 of 6
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, ("Section 13515") review drafts of Local Coastal Program Amendment No.
LC2022-002 were made available and a Notice of the Availability was distributed a
minimum of six weeks prior to the City Council public hearing; and
WHEREAS, the City Council held a public hearing on November 15, 2022 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the hearing was given in accordance with the Ralph M.
Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council does hereby authorize City staff to submit Local
Coastal Program Amendment No. LC2022-002 to the California Coastal Commission,
which is attached hereto as Exhibit "A," and incorporated herein by reference.
Section 2: The City Council finds amendments to Title 21 (Local Coastal
Program Implementation PIain) of the NBMC are legislative acts. Neither Title 21 nor
State Planning Law set forth any required findings for either approval or denial of such
amendments. Notwithstanding the foregoing, Local Coastal Program Amendment No.
LC2022-002 is consistent with the Housing Crisis Act of 2019 and the Newport Beach
Coastal Land Use Plan.
a. Local Coastal Program Amendment No. LC2022-002 is consistent with the
Housing Crisis Act of 2019 as it will help extend the useable life of the City's
existing housing stock, while avoiding the need to demolish dwelling units to
redevelop certain properties.
City of Newport Beach =3-58
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Resolution No. 2022-
Page 4 of 6
b. Local Coastal Program Amendment No. LC2022-002 is consistent with Coastal
Land Use Plan Policy 2.2.5 4 which states, "The enlargement or intensification
of legally established nonconforming uses shall be limited to only those uses
normally permitted by right or by the approval of a use permit, but which were
made nonconforming by additional regulations of the district in which they are
located. Such enlargement or intensification shall be subject to discretionary
review and approval by the City and shall not increase the degree of the use's
nonconformity." Local Coastal Program Amendment No. LC2022-002 is
consistent with the policy in that it allows limited improvements to
nonconforming residential uses. Local Coastal Program Amendment No.
LC2022-002 will not allow increases to the number of dwelling units on the
property or any other development which is not otherwise authorized by the
development standards of the coastal zoning district.
c. Local Coastal Program Amendment No. LC2022-002 is consistent with Coastal
Land Use Policy 2.7-1 which requires development to "maintain appropriate
setbacks and density, floor area, and height limits for residential development to
protect the.character of established neighborhoods and to protect coastal access
and coastal resources". Local Coastal Program Amendment No. LC2022-002
does not authorize any new development which will block coastal access. Local
Coastal Program Amendment No. LC2022-002 provides increased
opportunities to alter and maintain existing properties.
d. Adoption of Local Coastal Program Amendment No. LC2022-002 will not
supersede Coastal Land Use Plan Policy 2.7-2 which requires the continued
administration of provisions of State law relative to the demolition, conversion,
and construction of low and moderate -income dwelling units within the coastal
zone. The demolition or conversion of a low- or moderate -income unit within the
coastal zone will remain subject to 21.34 (Conversion of Demolition of Affordable
Housing) of the NBMC and state law.
Section 3: Local Coastal Program Amendment No. LC2022-002 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach.
Section 4: The certified LCP, including the proposed amendment, will be carried
out fully in conformity with the California Coastal Act.
City of Newport Beach ,3-59
a„
Resolution No. 2022-
Page 5 of 6
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: 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 7: The City Council finds the introduction and adoption of this resolution
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly. Local Coastal Program Amendment No. LC2022-
002 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. Local Coastal Program Amendment No. LC2022-002 does not authorize
specific new development and only affects existing structures. Local Coastal Program
Amendment No. LC2022-002 will not increase the number of dwelling units and will not
have a direct effect on the environment.
City of Newport Beach =3-60
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Resolution No. 2022-
Page B of 6
Section 8: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 15th day of November, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
Attachments): Exhibit A - Local Coastal Program Amendment No. LC2022-002
City of Newport Beach ,3-61
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EXHIBIT "A"
City of Newport Beach Local Coastal Program Amendment No. LC2022-002
Related to Nonconforming Uses and Side Setbacks
Section 1: The rows entitled "Side [Setbacks]" in Table 21.18-2 (Development
Standards for Single -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
R-A
R-1
R-4-6,000
Additional Requirements
Side (interior, each):
21.30.110
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft. (7)
21 38A40 (I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Side (street side):
21.30.1121.30.11 0
Lots 40 ft. wide or less
5 ft.
3 ft.
6 ft. (7)
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Section 2: Footnote 7 of Table 21.18-2 (Development Standards for Single -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added to read as follows:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 3: The rows entitled "Side [Setbacks]" in Table 21.18-3 (Development
Standards for Two -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. (7)
21.38.040 (l)
Lots 40'1 " wide to 49'1 l "
4 ft.
4 ft.
6 ft. (7)
wide
Lots 50 ft. wide and greater
NIA
4 ft.
6 ft. (7)
Side (street side):
Lots 40 ft. wide or less
3 ft.
3 ft.
NIA
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
NIA
21.38.040 (1)
wide
City of Newport Beach ,3-62
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Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Lots 50 ft. wide and greater
NIA
NIA
I
6 ft. (7)
I
Section 4: Footnote 7 of Table 21.18-3 (Development Standards for Two -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added to read as follows:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards_
Section 5: The rows entitled "Side [Setbacks]" in Table 21.18-4 (Development
Standards for Multi -Unit Residential Coastal Zoning Districts) of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) of the NBMC shall
be amended to read as follows:
Development Feature
RM
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
6 ft. (9)
Lots 40' 1 " wide to 49' 11 "
4 ft.
6 ft. (9)
21.38.040 (1)
wide
Lots 50 ft. wide and greater
8% of the average lot
6 ft. (9)
width (4)
Side (street side):
Lots 40 ft. wide or less
3 ft.
NIA
Lots 40'1" wide to 49'11"
4 ft.
NIA
21.38.040 (1)
wide
Lots 50 ft. wide and greater
8% of the average lot
6 ft. (9)
width (4)
Section 6: Footnote 9 of Table 21.18-4 (Development Standards for Multi -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added to read as follows:
(9) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 7: Section 21.38.040(i) (Exceptions) is amended to read as follows:
21.38.040 Nonconforming Structures.
I. Exceptions.
City of Newport Beach ,3-63
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1. Corona del Mar and Balboa Village. Existing nonresidential structures within
Corona del Mar and Balboa Village that are nonconforming because they exceed the
allowed floor area shall be exempt from the limits of this section and may be
demolished and reconstructed to their preexisting height and floor area; provided,
that not less than the preexisting number of parking spaces is provided along with
provisions for alternative modes of transportation.
2. Landmark Structures. Landmark structures shall be exempt from the
requirements of this chapter in compliance with Section 21.38.070 (Landmark
Structures).
3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal
structures within the R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts
that are nonconforming only because side yard setbacks were amended subsequent
to the original construction are exempt from the limits of this section.
Section 8: Section 21.38.050 (Nonconforming Uses) of the NBMC is amended to
read as follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as provided
in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
1. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning
districts, and in areas where residential uses are not allowed in Planned Community
Districts or specific plan districts, a use that was previously allowed by right, but which
becomes nonconforming because of new permit regulations, may be expanded or
intensified (e.g., increase in floor area, lot area, or occupancy load) if such new
development does not increase the degree of nonconformity, complies with the
coastal protection policies of the Local Coastal Program, and is subject to the
approval of a coastal development permit.
2. Residential Coastal Zoning Districts. In residential coastal zoning districts, and
in areas where residential uses are allowed in Planned Community Districts or
Specific Plans, a residential use that is nonconforming because it exceeds the
allowed number of units for the coastal zoning district may be altered subject to
compliance with the provisions of Section 21.38.040 (Nonconforming Structures).
B. Change of Use. A nonconforming nonresidential use may be changed to a
conforming use, provided the change does not create or increase a deficiency in
required off-street parking except as provided in Section 21.38.060 (Nonconforming
Parking).
City of Newport Beach =3-64
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C. Exception for Landmark Structures_ The use of a landmark structure may be
changed, expanded, increased, or intensified subject to compliance with the provisions of
Section 21.38.070 (Landmark Structures).
D. Exception for Short -Term Lodging. A short-term lodging unit legally established on
or before June 1, 2004, on a parcel in the R-1 (Single -Unit Residential) Coastal Zoning
District, or a parcel designated for single -unit dwelling land use as part of a planned
community development plan, may continue.
City of Newport Beach ,3-65
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Attachment C
Planning Commission Resolution PC2022-026
City of Newport Beach 203-66
.te
QocuSign Envelope ID. 2E4CA2B6-698EAAOO-9236-95DC55343373
N*19]itilI[*] I,W4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO.
CA2022-004 TO AMEND SECTIONS 20.18.030 (RESIDENTIAL
ZONING DISTRICTS GENERAL DEVELOPMENT STANDARDS),
20.38.040 (NONCONFORMING STRUCTURES), AND 20.38.050
(NONCONFORMING USES) OF THE NEWPORT BEACH
MUNICIPAL CODE TO CONFORM WITH STATE LAW AND
CORECT ERRORS RELATED TO SETBACKS (PA2022-076)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS -
SECTION 1. STATEMENT OF FACTS.
1. On May 10, 2022, the City Council of the City of Newport Beach adopted Resolution
2022-29 initiating an amendment to Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC")
to modify the regulations applicable to residential uses that are nonconforming due to
density and to clarify the side setback allowances for properties located in the former B
Overlay Zoning District ("Code Amendment").
2. Chapter 20.38 (Nonconforming Uses and Structures) of the NBMC distinguishes
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), a nonconforming structure
(e.g., a structure that was lawfully erected, but does not meet current development
standards), and a nonconforming use (e.g., the use of a structure or land, which
complied with the zoning code at the time of its establishment, but is no longer a
permitted use).
3_ Section 20.38.050 of the NBMC authorizes alteration of nonconforming residential uses
with more units than permitted to reduce the number of dwelling units but does not
clearly state the development rights associated with repair and maintenance, alterations,
or expansions.
4. Redevelopment opportunities for property owners of nonconforming residential uses are
now restricted due to the passing of Senate Bills 330 (Chapter 654, Statutes of 2019)
and SB 8 (Chapter 161, Statutes of 2021). SB 330 established and extended the
Housing Crisis Act of 2019, which temporarily prohibits the City until January 1, 2030,
from approving a housing development that results in a net loss of residential density.
5. Due to the ambiguity in Section 20.38,050 of the NBMC, a Code Amendment is
necessary to clarify that residential properties that are nonconforming due to density
may be maintained, altered, or expanded subject to the limitations set forth in Section
20.38.040 (Nonconforming Structures).
City of Newport Beach ,,3-67
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DocuSign Envelope 10: 2E4CA2B6-69BEAAOO-923B-95DC55343673
6. Prior to the City's 2010 comprehensive zoning code update, the NBMC contained an
overlay district known as the B Overlay. As part of the code update, the B Overlay was
written into what is now known as the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and
the RM-6,000 zoning districts.
7. Previous versions of the NBMC authorized properties located within the former B overlay
to construct an addition to the principal structure to the side yard setback in effect at the
time the principal structure was constructed.
8. During the 2010 Zoning Code Update, the provision was inadvertently omitted. The
Code Amendment is necessary to reinstate the omitted provision and will unencumber
these properties from the restrictions of Section 20.38.040 (Nonconforming Structures)
of the NBMC.
9. A public hearing was held on October 20, 2022, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. 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 Code Amendment 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 Code Amendment 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 Code Amendment does not authorize specific new development and only affects existing
structures. Furthermore, the Code Amendment will not increase the number of dwelling units.
SECTION 3. FINDINGS.
1. Adopting this Code Amendment is consistent with the Housing Crisis Act of 2019 as it will
help extend the useable life of the City's existing housing stock, while avoiding the need to
demolish dwelling units to redevelop certain properties.
2. The Code Amendment is consistent with General Plan Policy LU6.2.1 (Residential Supply)
as it will allow limited improvements to nonconforming residential uses, resulting in the
maintenance and general improvement of the City's existing housing stock and supply.
3. The Code Amendment is consistent with the Housing Policy 2.1, by encouraging the
preservation of existing and provision of new housing affordable to extremely low-, very low -
and moderate -income households. Allowing alterations to existing nonconforming units,
City of Newport Beach 203-68
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DocuSign Envelope 10: 2E4CA2B6-69BEAAOO-923B-95DC55343673
rather than encouraging the demolition and new construction of units, preserves a portion
of the City's existing housing stock that is generally more affordable.
4. General Plan Policy LU 5.1.7 (Renovation and Replacement of Existing Residential Units)
requires, "that residential units that are renovated and rebuilt in existing single-family
neighborhoods adhere to the principles for new developments". Any modifications proposed
because of this amendment will need to otherwise conform with the development standards
in place at the time of application. This includes floor area, lot coverage, height, and parking.
Similarly, when a property owner wishes to rebuild their residence, the new dwelling will need
to be built in compliance with the requirements in place at the time of application.
5. Local Coastal Program Amendment No. LC2022-002 is also underway to comply with State
law. The subject Zoning Code Amendment shall not become effective for projects located in
the coastal zone until approval of the subject LCP amendment by the California Coastal
Commission and adoption, including any modifications suggested by the California Coastal
Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.
6. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds the Code Amendment
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 Code Amendment 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.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2022-004 as set forth in Exhibit 'A" which is attached hereto and
incorporated herein by reference.
City of Newport Beach 203-69
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DocuSign Envelope 10: 2E4CA2B6-69BEAAOO-923B-95DC55343673
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF OCTOBER, 2022.
AYES: Ellmore, Harris, Klaustermeier, and Lowrey
NOES: None
RECUSED: Kleiman, Rosene, and Weigand
ABSENT: None
Lauren Kleiman, Chair
BY: I/VlZ
Mark Rosene, Secretary
Attachment: Exhibit A — Zoning Code Amendment No. CA2022-004
City of Newport Beach 203-70
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f � 11.9 H:i t IWIW
Zoning Code Amendment No. CA2022-004
Section 1: The rows entitled "Side [Setbacks]" in Table 2-2 (Development Standards for
Single -Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts
General Development Standards) of the NBMC shall be amended to read as follows:
Development
Feature
R-A
R-1
R-1-6,000
R-1-7,200
R-1-10,000
Additional Requirements
Side (interior. each):
20.3 0.1 10
Lots 40 ft. wide or
5 It.
3 ft. (41
6 1i. (7)
5 It
10 It. 17)
20.48.1 80
less
20.38,040 (H)
Lots wider than 40 ft.
5 R.
4 It.
6 ft. (7)
5 ft.
l0 ft. (7)
Side (street side).
.1 l0 ,30 20
30.1
Lots 40 ft. wide or
5 N.
3 It.
(1 ft. (7)
5 ft.
10 ft. (7)
20 10
80
less
'10.38.040 (HI
Lots wider than 40 ft.
5 ft.
4 it.
6 ft. (7)
ti 1t.
10 ft. {7)
Section 2: The following footnote for Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of the NBMC shall be added:
(7) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition
meets applicable building and fire code standards.
Section 3: The rows entitled "Side [Setbacks]" in Table 2-3 (Development Standards for
Two -Unit and Multi -Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning
Districts General Development Standards) of the NBMC shall be amended to read as follows -
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
20.38.040 (H)
Lists 40 ft. wide or less
3 ft.
3 it.
6 ft. (10)
Lots 40' I " wide to 49' 1 1 "
4 ft.
4 fl_
C• ft. 0 0)
20.38.040 (H)
wide
Lots 50 ft. wide and greater
NIA
4 ft.
6 tt. (10)
Side (street side):
20.38.040 (H)
Lots 40 It. wide or less
3 rt.
3 R.
N/A
Lots 40'l"wide to 4911"
4 ft.
4 14,
N/A
wid c
Lots 50 ft. wide and greater
NIA
NIA
fs Q. (10)
City of Newport Beach N3-71
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Development Feature
RM
RMD
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
N/A
6 ft. (10)
20.38.040 (H)
Lots 40' i " wide to 49' 1 1 "
4 ft.
5 ft.
6 ft. (10)
wide
Lots 50 ft. wide and
8%of the average lot
NIA
6 ft. (10)
greater
width (5)
Side (street side):
Lots 40 ft. wide or less
3 ft.
NIA
20.38.040 (H)
Lots 4O'i"wide to 49'11"
4 ft.
NiA
wide
Lots 50 ft. wide and
8%of the average lot
6 ft. (10)
greater
width (5)
Section 4: The following footnote for Table 2-3 (Development Standards for Two -Unit and
Multi -Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of the NBMC shall be added:
(10) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed provided the
addition meets applicable building and fire code standards.
Section 5: NBMC Section 20.38.040 (Nonconforming Structures) is amended to read as
follows:
20.38.040 Nonconforming Structures.
H. Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar
and Balboa Village that are nonconforming because they exceed the allowed floor area shall be
exempt from the limits of this section and may be demolished and reconstructed to their
preexisting height and floor area; provided, that not less than the preexisting number of parking
spaces is provided.
2. Landmark Structures. Landmark structures shall be exempt from the requirements of this
chapter in compliance with Section 20.38.070 (Landmark Structures).
City of Newport Beach 203-72
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3. R-1-6,000, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts. Existing principal
structures within the R-1-6,000, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts,
previously designated within the B Overlay District, with nonconforming side yard setbacks only
are exempt from the limits of this section.
Section 6: NBMC Section 20.38.050 (Nonconforming Uses) is amended to read as
follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as provided in
this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
1. Nonresidential Zoning Districts. In nonresidential zoning districts, and in areas
where residential uses are not allowed in Planned Community Districts or specific plan
districts, a use that was previously allowed by right, but which becomes nonconforming
because of new permit regulations, may be expanded or intensified (e.g., increase in floor
area, lot area, or occupancy load) subject to the approval of a conditional use permit.
2. Residential Zoning Districts. A residential use that is nonconforming because it
exceeds the allowed number of units for the zoning district may be altered in compliance
with the requirements of 20.38.040 (Nonconforming Structures).
B. Change of Use.
A nonconforming nonresidential use may be changed to a conforming use, provided the
change does not create or increase a deficiency in required off-street parking except as
provided in Section 20.38.060 (Nonconforming Parking).
C. Exception for Landmark Structures. The use of a landmark structure may be changed,
expanded, increased, or intensified without obtaining a conditional use permit required by
this section subject to compliance with the provisions of Section 20.38.070 (Landmark
Structures).
City of Newport Beach 203-73
„
Attachment D
Planning Commission Resolution PC2022-027
City of Newport Beach 203-74
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1:1 *-Y•] Itil 11 [•]► 11111[•� 1.3'��Y�+��Y�1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL
AUTHORIZE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT (LC2022-002) TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND SECTIONS 21.18.030 (RESIDENTIAL
COASTAL ZONING DISTRICTS GENERAL DEVELOPMENT
STANDARDS), 21.38.040 (NONCONFORMING STRUCTURES), AND
21.38.050 (NONCONFORMING USES) OF THE NEWPORT BEACH
MUNICIPAL CODE TO CONFORM WITH STATE LAW AND
CORRECT ERROS RELATED TO SETBACKS (PA2022-076)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
E•yx011111ri]10NiR&Ir_r9:1►►►l:I01ri]111111WATO&I
1. Section 30500 of the California Public Resources Code requires each county and city
to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within
its jurisdiction.
2. In 2005, the City of Newport Beach ("City") adopted the City of Newport Beach Local
Coastal Program Coastal Land Use Plan as amended from time to time.
3. The California Coastal Commission effectively certified the City's Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) ("Title 21") to the City of Newport Beach Municipal Code
("NBMC") whereby the City assumed coastal development permit -issuing authority on
January 30, 2017.
4. On May 10, 2022, the City Council of the City of Newport Beach adopted Resolution
2022-29 initiating an amendment to Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the NBMC to modify the regulations
applicable to residential uses that are nonconforming due to density and to clarify the
side setback allowances for properties located in the former B Overlay Zoning District
("LCP Amendment").
5. Chapter 21.38 (Nonconforming Uses and Structures) of the NBMC distinguishes
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), a nonconforming structure
(e.g., a structure that was lawfully erected, but does not meet current development
standards), and a nonconforming use (e.g., the use of a structure or land, which
complied with the zoning code at the time of its establishment, but is no longer a
permitted use).
6. Section 21.38.050 of the NBMC authorizes alteration of nonconforming residential uses
with more units than permitted to reduce the number of dwelling units but does not
City of Newport Beach �3-75
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ctearly state the development rights associated with repair and maintenance, alterations,
or expansions.
7. Redevelopment opportunities for property owners of nonconforming residential uses are
now restricted due to the passing of Senate Bills 330 (Chapter 654, Statutes of 2019)
and SB 8 (Chapter 161, Statutes of 2021). SB 330 established and extended the
Housing Crisis Act of 2019, which temporarily prohibits the City until January 1, 2030.
from approving a housing development that results in a net loss of residential density.
8. Due to the ambiguity in Section 21.38.050 of the NBMC, an LCP amendment is
necessary to clarify that residential properties that are nonconforming due to density
may be maintained, altered, or expanded subject to the limitations set forth in Section
21.38.040 (Nonconforming Structures).
9. Prior to the City's 2010 comprehensive zoning code update, the NBMC contained an
overlay district known as the B Overlay. As part of the code update, the B Overlay was
written into what is now known as the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and
the RM-6,000 zoning districts.
10. Previous versions of the NBMC authorized properties located within the former B overlay
to construct an addition to the principal structure to the side yard setback in effect at the
time the principal structure was constructed.
11. During the 2010 Zoning Code Update, the provision was inadvertently omitted. As such,
the provision was also omitted from the LCP during its creation. The LCP Amendment
will carry over the omitted Title 20 provision and will unencumber these properties from
the restrictions of Section 21.38.040 (Nonconforming Structures) of the NBMC.
12. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures)
of the California Code of Regulations, Title 14, Division 5.5, Chapter 8, a draft of the
LCP Amendment was made available and a Notice of Availability was distributed on
September 23, 2022, a minimum of six (6) weeks prior to the anticipated finat action
date.
A public hearing was held on October 20, 2022, in the Council Chambers located at 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public gearing was given in accordance with the California Government Code
Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 21.62 (Public Hearings) of the
NBMC, and Title 14 of the California Code of Regulations Section 13515. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission
at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT ❑ETERMINATION_
The LCP Amendment 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,
City of Newport Eseach 3-76
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Chapter 3 ("CEQA Guidelines"). The LCP Amendment 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 LCP Amendment does not
authorize specific new development and only affects existing structures. The LCP Amendment
will not increase the number of dwelling units and will not have a direct effect on the
environment.
The LCP amendment is further exempt from CEQA pursuant to Section 15265(a)(1), which
exempts local governments from the requirements of CEQA in connection with the adoption of
a Local Coastal Program.
SECTION 3. FINDINGS.
1. The Local Coastal Program Amendment is consistent with the Housing Crisis Act of 2019
as it will help extend the useable life of the City's existing housing stock, while avoiding the
need to demolish dwelling units to redevelop certain properties.
2. The Local Coastal Program Amendment is consistent with Coastal Land Use Plan Policy
2.2.5-4 which states, "The enlargement or intensification of legally established nonconforming
uses shall be limited to only those uses normally permitted by right or by the approval of a use
permit, but which were made nonconforming by additional regulations of the district in which
they are located. Such enlargement or intensification shall be subject to discretionary review
and approval by the City and shall not increase the degree of the use's nonconformity". The
LCP Amendment is consistent with the policy in that it allows limited improvements to
nonconforming residential uses. The LCP Amendment will not allow increases to the
number of dwelling units on the property or any other development which is not otherwise
authorized by the development standards of the coastal zoning district.
3. The Local Coastal Program Amendment is consistent with Coastal Land Use Policy 2.7-1
which requires development to "maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of established neighborhoods
and to protect coastal access and coastal resources". The LCP Amendment does not
authorize any new development which will block coastal access. The LCP Amendment
provides increased opportunities to alter and maintain existing properties.
4. Adoption of the Local Coastal Program Amendment will not supersede Coastal Land Use
Plan Policy 2.7-2 which requires the continued administration of provisions of State law
relative to the demolition, conversion, and construction of low and moderate -income dwelling
units within the coastal zone. The demolition or conversion of a low- or moderate -income unit
within the Coastal Zone will remain subject to NBMC 21.34 (Conversion of Demolition of
Affordable Housing) and State law.
5. Local Coastal Program Amendment No. LC2022-002 shall not become effective until
approval by the California Coastal Commission and adoption, including any modifications
suggested by the California Coastal Commission, by resolution and/or ordinance of the City
Council of the City of Newport Beach.
City of Newport Beach 203-77
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6. The LCP, including the Local Coastal Program Amendment, will be carried out fully in
conformity with the California Coastal Act.
7. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby finds Local Coastal
Amendment No. LC2022-002 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 LCP Amendment 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 LCP
Amendment does not authorize specific new development and only affects existing
structures. The LCP Amendment will not increase the number of dwelling units and will not
have a direct effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No. LC2022-002, as set forth in Exhibit "A," which is
attached hereto and incorporated herein by reference, to the California Coastal
Commission.
PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF OCTOBER, 2022.
AYES: Ellmore, Harris, Klaustermeier, and Lowrey
NOES: None
RECUSED: Kleiman, Rosene, and Weigand
ABSENT: None
BY:
Lauren Kleiman, Chair
BY- V—VA—��
Mark Rosene, Secretary
City of Newport Beach 203-78
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Attachment: Exhibit A — Local Coastal Program Amendment No. LC2022-002
City of Newport Beach 203-79
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1 .4111MI MIN
Proposed Amendment to the City of Newport Beach Local Coastal Program related
to nonconforming uses and side setbacks (LC2022-002)
Section 1: The rows entitled "Side [Setbacks]" in Table 21.18-2 (Development Standards
for Single -Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards) of the NBMC shall be amended to read as
follows:
Development Feature
R-A
R-1
R-1-6,000
Additional Requirements
Side (interior, each):
-30.1
113&040
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft. (7)
? 1.?1.30.)0
(1)
Lots wider than 40 ft.
5 ft,
4 ft,
6 ft. (7)
Side (street side):
Lots 40 ft, wide or less
5 ft.
3 ft.
6 ft. (7)
21.30.1 10
21 38 040 (f}
Lots wider than 40 ft.
5 it,
4 It.
6 ft. (7)
Section 2: The following footnote for Table 21.18-2 (Development Standards for Single -
Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be added:
(7) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition
meets applicable building and fire code standards.
Section 3: The rows entitled "Side [Setbacks]" Table 21.18-3 (Development Standards for
Two -Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be amended to read as follows:
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each);
Lots 40 ft. wide or less
3 ft.
f
6 ft. (7)
? 1.38.040 (l)
Lots 40'1"wide to 49'l l"
4 i1.
-1 I-T.
6 ft. (7)
wide
Lots 50 ft. wide and greater
'v/A
4 ti-
6 ft. (7)
Side (street side):
Lets 40 f#. wide or less
3 rt
3 ft.
NIA
Lots 40'1"wide to 49'I 1"
4 li-
4 fi.
NIA
21.38.040 (1)
widc
Lots 50 fr. wide and-rcater
NI'A
N;A
c H. (7)
City of Newport Beach ,,3-80
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Section 4: The following footnote for Table 21.18-3 (Development Standards for Two -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning Districts
General Development Standards) of the NBMC shall be added:
(7) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition
meets applicable building and fire code standards.
Section 5: The rows entitled "Side [Setbacks}" Table 21.18-4 (Development Standards for
Multi -Unit Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of the NBMC shall be amended to read as follows:
Development Feature
RN4
R&i-6,000
Additional Requirements
Side (interior. each):
Lots 40 ft. wide or less
7 11.
t+ ft. (9)
Lots 40'1"wide to 49'11"
4 ft.
6 ft. (9)
21.38.040 (I)
wide
Lots 50 ft. wide and greater
RN of the average lot
6 Ii. (Q)
width (4)
Side (street side),
Lots 40 ft. wide or less.
3 11.
NIA
Lots 401 " wide to 49' I 1 "
4 Ft.
N/A
21.38.04o (I)
wide
Lots 50 ft. wide and greater
80,ii ❑fthe average lot
i1. {��1
width (4)
Section 6: The following footnote for Table 21.18-4 (Development Standards for Multi -Unit
Residential Coastal Zoning Districts) of Section 21.18.030 (Residential Coastal Zoning Districts
General Development Standards) of the NBMC shall be added:
(9) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition
meets applicable building and fire code standards.
Section 7: NBMC Section 21.38.040 (Nonconforming Structures) is amended to read as
follows:
21,38.040 Nonconforming Structures.
Exceptions.
1 _ Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del Mar
and Balboa Village that are nonconforming because they exceed the allowed floor area shall be
City of Newport B�acl 1 3-81
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exempt from the limits of this section and may be demolished and reconstructed to their
preexisting height and floor area; provided, that not less than the preexisting number of parking
spaces is provided along with provisions for alternative modes of transportation.
2. Landmark Structures. Landmark structures shall be exempt from the requirements of this
chapter in compliance with Section 21.38.070 (Landmark Structures).
3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal structures
within the R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts that are nonconforming
only because side yard setback requirements have been amended subsequent to the original
construction are exempt from the limits of this section.
Section 8: Newport Beach Municipal Code (NBMC) Section 21.38.050 is amended to read
as follows:
Nonconforming uses may be changed, expanded, increased, or intensified only as provided in
this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
1. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning districts,
and in areas where residential uses are not allowed in Planned Community Districts or
specific plan districts, a use that was previously allowed by right, but which becomes
nonconforming because of new permit regulations, may be expanded or intensified (e.g.,
increase in floor area, lot area, or occupancy load) if such new development does not
increase the degree of nonconformity, complies with the coastal protection policies of the
Local Coastal Program, and is subject to the approval of a coastal development permit.
2. Residential Coastal Zoning Districts. In residential coastal zoning districts, and in
areas where residential uses are allowed in Planned Community Districts or Specific Plans,
a residential use that is nonconforming because it exceeds the allowed number of units for
the coastal zoning district may be altered in compliance with the requirements of Section
20-38.040 (Nonconforming Structures).
B. Change of Use.
A nonconforming nonresidential use may be changed to a conforming use, provided the
change does not create or increase a deficiency in required off-street parking except as
provided in Section 21.38.060 (Nonconforming Parking).
C. Exception for Landmark Structures. The use of a landmark structure may be changed,
expanded, increased, or intensified subject to compliance with the provisions of Section 21.38.070
(Landmark Structures).
City of Newport Beach 203-82
.44
Attachment E
October 20, 2022 Planning Commission Meeting Minutes
City of Newport Beach 203-83
.45
CITY OF NEWPORT BEACH
PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, OCTOBER 20, 2022
REGULAR MEETING - 6:30 P.M.
I. CALL TO ORDER — The meeting was called to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE — Vice Chair Ellmore
III. ROLL CALL
PRESENT: Chair Lauren Kleiman, Vice Chair Curtis Ellmore, Secretary Mark Rosene, Commissioner
Tristan Harris, Commissioner Sarah Klaustermeier, Commissioner Lee Lowrey,
Commissioner Erik Weigand
ABSENT: None
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director
Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine,
Assistant Planner Joselyn Perez, Principal Planner Ben Zdeba, Administrative Assistant
Clarivel Rodriguez, and Department Assistant Savannah Martinez
IV. PUBLIC COMMENTS
None
V. REQUEST FOR CONTINUANCES
None
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF OCTOBER 6, 2022
Recommended Action: Approve and file
Motion made by Commissioner Weigand and seconded by Secretary Rosene to approve the minutes of the
October 6, 2022 meeting with Mr. Mosher's edits.
AYES:
Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES:
None
ABSTAIN:
Ellmore
ABSENT:
None
VII. PUBLIC HEARING ITEMS
ITEM NO. 2 ALCHEMY 43 MED-SPA (PA2022-0156)
Site Location: 906 Avocado Avenue
Summary:
A request for a Conditional Use Permit (CUP) to operate an approximately 1,150-square-foot medical
office (i.e., med-spa) within an existing shopping center known as the Corona del Mar Plaza. The med-
spa will provide aesthetic treatments for up to 12 patients per day with the potential for walk-in patients,
dependent on the availability of staff. The med-spa will operate Monday through Saturday, from 10 a.m.
to 7 p.m. with up to five employees.
Recommended Action:
amity of Newport Beach
3-84
20-46
1. Conduct a public hearing; and
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no
potential to have a significant effect on the environment; and
3. Adopt Resolution PC2022-024 approving the Conditional Use Permit submitted as PA2022-0156.
Assistant Planner Joselyn Perez used a presentation to review the request for a Conditional Use Permit to operate
a med-spa. She provided a vicinity map, General Plan Land Use map, Corona del Mar Plaza Shopping Center
site plan, a project description, floor plan, a summary of Newport Village Planned Community (PC-27) allowed
uses and required entitlement, parking demands, conditions of approval, revisions to the conditions of approval,
and recommended actions.
Commissioners reported no ex parte communications.
Shawna Schaffner, CEO of CAA Planning representing Alchemy 43, used a presentation to review the property
location, Alchemy 43 operation details, conditional use permit, and requested action.
In response to Chair Kleiman's question, Ms. Schaffner explained the appropriateness of a neighborhood shopping
center far personal use services, relayed that State health requirements will be followed for medical waste disposal,
indicated that the landlord will handle employee parking so public parking is available, and agreed to the conditions
of approval as amended.
Chair Kleiman opened the public hearing.
There was no public comment.
Chair Kleiman closed the public hearing.
Motion made by Commissioner Weigand and seconded by Commissioner Klaustermeier to adopt the
resolution as amended.
AYES:
Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES:
None
ABSTAI N:
None
ABSENT:
None
ITEM NO. 3
NONCONFORMING CODE AND LCP AMENDMENTS (PA2022-076)
Site Location: Citywide
Summary:
The City is proposing amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning and
Zoning) and Title 21 (Local Coastal Program Implementation Plan). The amendments include: 1) clarifying
development allowances for residential uses that are nonconforming due to density; and 2) reinstating a
side setback allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and the RM-
6,000 zoning and coastal zoning districts. The side setback allowance would allow additions in line with
the existing side setback of the principal structure regardless of the current minimum side setbacks
standards.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEOA) pursuant to
Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential
City of Newport Beach 203-85
.47
for causing a significant effect an the environment and pursuant to Section 15265(a)(1 ), which
exempts local governments from the requirements of CEQA in connection with the adoption of a
Local Coastal Program;
3. Adopt Resolution No. PC2022-026 recommending the City Council approve Zoning Code
Amendment No. CA2022-004; and
4. Adopt Resolution No. PC2022-027 recommending the City Council approve Local Coastal
Program Amendment No. LC2022-002 and authorize staff to submit Local Coastal Program
Amendment No. LC2020-001 Amendment California Coastal Commission.
Chair Kleiman, Secretary Rosene, and Commissioner Weigand recused themselves due to personal property
or neighbors within the 500-foot zone to the property locations.
Deputy Community Development Director Campbell characterized this item as a clean-up item to reinstate
past privileges and clarify language.
Assistant Planner Perez stated that the amendment includes changes to both Title 20 and 21 however it will
be referred to as "the code amendment" throughout the presentation and that the code amendment was
initiated by the City Council and staff is returning with proposed code amendment language. She used a
presentation to review part one of the code amendment that addresses nonconforming residential density. She
provided background of the amendment, the proposed amendment, and related benefits., Assistant Planner
Perez then reviewed part two of the code amendment, to clarify side setback allowances. She provided
background for the amendment, a map of Former B Overlay properties and current zoning districts, she
discussed the proposed amendment, limitations, recommended action, and next steps.
In response to Commissioner Harris' question, Assistant Planner Perez confirmed that the amendment only
applies to the Former B Overlay properties.
Commissioners disclosed no ex parte communications.
Vice Chair Ellmore opened the public hearing.
Mr. Mosher inquired about a sunset clause for part one considering it addresses a temporary State housing
mandate, identified a discrepancy in the agenda and first paragraph summary in the staff report as it relates to
the R-1-7200 zoning district, and questioned how the City will verify the legality of setbacks in the county at
specific times.
Vice Chair Ellmore closed the public hearing.
Assistant Planner Perez noted that it is unknown if Senate Bill 330 pertaining to the State Housing Crisis Act
will be extended, so staff believed it made sense to clean-up and clarify the code now. She further commented
that staff research did not identify any properties effected by this update but can revisit the 7200 district.
Motion made by Commissioner Klaustermeier and seconded by Commissioner Lowrey to approve this item
as recommended.
AYES:
Ellmore, Harris, Klaustermeier, and Lowrey
NOES:
None
ABSTAIN:
Kleiman, Rosene, and Weigand
ABSENT:
None
Vill. STUDY SESSION
ITEM NO. 4 STUDY SESSION FOR NONRESIDENTIAL PARKING CODE UPDATE (PA2021-104)
Site Location: Citywide
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Summary:
Discussion of parking requirements with the goal to refresh nonresidential parking standards to bring them
in line with current best practices. This report includes an overview of the effort to develop several potential
code amendments.
Recommended Action:
Discuss and provide input and direction to staff.
Principal Planner Zdeba used a presentation to review the parking code updates, by providing background and
sharing Nelson/Nygaard's recommendations for bicycle -based reductions, shared -mobility -based reductions, a
revised office parking ratio, a revised restaurant parking ratio, a modified take-out servicef'fast casual," an
administrative parking waiver by the Director, and a limitation on combining reductions and waivers. He ended with
considerations, next steps, and a recap chart for discussion.
In response to Commissioner Klaustermeier's question, Principal Planner Zdeba provided an example of past
waivers considered by the City, confirmed that the waiver decisions are appealable to the Planning Commission,
and clarified the waiver limitations.
In response to Commissioner Weigand's concern for employee parking spillover into residential areas, Principal
Planner Zdeba indicated the intent of phase one changes are to incentivize alternative modes of transit, phase two
would address area specific concerns through consideration of parking management districts, and studies for
better uses for the current parking supply, and noted that the restaurant change includes the back of house and
considers the entire restaurant size. Furthermore, he noted no changes to the outpatient surgery parking or the
Takeout Service Limited Land Use relative to prohibited alcohol sales by definition.
Commissioner Harris supported all the ideas and, in response to his questions, Principal Planner Zdeba relayed
that existing uses can apply for changes and are subject to current code provisions. Commissioner Harris
suggested scaling back the modification for take-out servicef'fast casual."
In response to Vice Chair Ellmore's inquiry, Principal Planner Zdeba indicated that the recommendations from the
Institute of Transportation Engineers (ITE) Guidebook are nation-wide best practices for setting trip rates and
parking. City Traffic Engineer Brine stated the guidebook is a national manual that looks at parking averages and
rates and is used by the City as a secondary document. Additionally, Vice Chair Ellmore thought that reducing
parking for the medical office would cause more congestion, as opposed to office and asked staff to take a deeper
look at how the recommendation of the ITE Guidebook fits in Newport Beach versus the national average which
Principal Planner Zdeba noted.
Secretary Rosene commented that the first, third, fourth, fifth, and sixth recommendations made sense in whole
and that while recommendation two/part A made sense, part B made sense for food only and not for office.
In response to Chair Kleiman's inquiry, Principal Planner Zdeba relayed that the Circulation Element will support
the parking code update and policies will support looking at and revisiting parking requirements, emerging trends,
and technology. With Chair Kleiman also concerned about employee parking affecting neighboring residents,
Principal Planner Zdeba indicated that current efforts apply Citywide, the proposed parking ratio includes the entire
space and back of house and the same is true for take-out service limited changes, and noted the building code
occupant load of 1 per 15 translates to a 300-square-foot dining space which many of the current take out service
establishments have at least this or more than six seats. He noted that parking studies are included in the scope
of work for the consultant and will be used to regulate employee parking which he supported with Balboa Village
as an example.
In response to Community Development Judis' inquiry, Chair Kleiman and Vice Chair Ellmore relayed that the
Planning Commission supports a change to the office parking ratio, but not the same standard for office use and
transient operations, like medical offices.
Secretary Rosene noted more studies could be useful even though recent parking standard reviews were done by
a traffic engineer.
City of Newport Beach �3-87
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Commissioner Weigand requested staff be watchful of part B in the first recommendation.
Commissioner Harris concurred with Secretary Rosene that recommendation two, part B is more applicable to
retail and suggested constraining it to retail.
Mr. Mosher inquired about how small fractional numbers will be fairly treated for earned credits from
recommendations one and two and how eating establishments in Newport Beach will be affected by
recommendation four.
Principal Planner Zdeba relayed that rounding up is used for parking in the code and staff would need to study it
more before putting it in to an ordinance and Deputy Community Development Director Campbell noted that the
updated parking requirements will help facilitate permanent COVID patios, a small, anticipated parking reduction
for some larger restaurants, and the impossibility of accessing potential impact on every restaurant in town.
NEW BUSINESS
ITEM NO. 5 MUNICIPAL CODE AND CITY COUNCIL POLICY REVIEW (PA2022-0219)
Site Location: Not Applicable
Summary:
Establish an ad hoc committee of Planning Commissioners to assist the City Council in reviewing the
Municipal Code and City Council Policies.
Recommended Action:
1. Find the recommended action not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
2. Form an ad hoc committee and authorize the Chair to appoint up to three Planning
Commissioners to assist City staff in reviewing the Municipal Code and City Council Policies
related to planning and zoning activities.
Assistant City Attorney Summerhill informed Chair Kleiman that it is her discretion to appoint the members of
the ad hoc committee.
Motion made by Chair Kleiman and seconded by Vice Chair Ellmore to appoint Commissioners Harris,
Rosene, and Klaustermeier to the ad hoc committee.
AYES: Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES: None
ABSTAI N: None
ABSENT: None
ITEM NO. 6 CODE UPDATE RELATED TO FRACTIONAL HOMEOWNERSHIP (PA2022-0202)
Site Location: Not Applicable
Summary:
Establish an ad hoc committee of Planning Commissioners to assist City staff and the City Council in
reviewing the issue of fractional homeownership.
Recommended Action:
1. Find the recommended action not subject to the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3; and
City of Newport Beach 203-88
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IX.
2. Form an ad hoc committee consisting of Commissioners Lowrey, Harris, and Rosene to assist
City Staff and the City Council in reviewing and potentially regulating fractional
homeownership.
Motion made by Chair Kleiman and seconded by Vice Chair Ellmore to appoint Commissioners Rosene,
Weigand, and Lowrey to the ad hoc committee.
AYES:
Ellmore, Harris, Klaustermeier, Kleiman, Lowrey, Rosene, and Weigand
NOES:
None
ABSTAI N:
None
ABSENT:
None
Mr. Mosher reminded Chair Kleiman of the Brown Act requirement to allow public comment on hearing and agenda
items and reiterated that forming an ad hoc committee is not the direction of the City Council who directed the
Planning Commission to study and correct the definition of time share project so it would include a fractional
ownership sold to a group of strangers and exclude a home shared by family and friends. He thought forming an
ad hoc committee and a 500-foot separation requirement were bad ideas and the Planning Commission should
follow the direction provided by the City Council.
Assistant City Attorney Summerhill declined commenting on Mr. Mosher's comments to avoid going in depth
because the item was to form an ad hoc committee and noted that issues will be revisited as they come forward.
STAFF AND COMMISSIONER ITEMS
ITEM NO. 7 MOTION FOR RECONSIDERATION
None
ITEM NO.8 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA
Deputy Community Development Director Campbell announced the next Planning Commission meeting on
November 3, 2022, to review two agenda items and the next City Council meeting to go forward with the Circulation
Element Update and conduct public hearings on the Lido House Hotel expansion and reconsideration for The
Tennis Club at Newport Beach project. He further informed the Planning Commission of the ongoing General Plan
Update process and steering committee who will recommend people for a General Plan Advisory Committee
(GPAC) and send it to the City Council in November 2022 for appointment. Lastly, he noted that the GPAC will
begin working in January 2023 and will focus on the Land Use Element and zoning amendments to implement the
Housing Element, provide advice to staff, and be a body for public outreach and discussion for the comprehensive
update of all elements.
ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES
None
X. ADJOURNMENT — The meeting was adjourned at 7:52 p.m.
City of Newport Beach �3-89
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The agenda for the October 20, 2022, Planning Commission meeting was posted on Friday, October
14, 2022, at 4:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule
of the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, October 14,
2022, at 3:45 p.m.
Lauren Kleiman, Chair
Mark Rosene, Secretary
City of Newport Beach 203-90
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Attachment F
October 20, 2022 Planning Commission Staff Report
City of Newport Beach ,o3-91
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p° CITY OF NEWPORT BEACH
r� PLANNING COMMISSION STAFF REPORT
October 20, 2022
Agenda item No. 3
SUBJECT: Nonconforming Code and LCP Amendments (PA2022-076)
■ Zoning Code Amendment No. CA2022--004
Local Coastal Program Amendment No. LC2022-002
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez(a7newportbeachca.gov
PROJECT SUMMARY
Proposed amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) related to
nonconformities. The amendments include two parts: 1 j clarifying development allowances
for residential uses that are nonconforming due to density; and 2) reinstating a side setback
allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6.000, and the RM-
6,000 zoning and coastal zoning districts. The side setback allowance would allow additions
in line with the principal structure regardless of the current minimum side setbacks
standards.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to 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 and pursuant to Section 15265(a)(1 j, which exempts local
governments from the requirements of CEQA in connection with the adoption of a
Local Coastal Program;
3) Adopt Resolution No. PC2022-026 (Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2022-004; and
4) Adopt Resolution No. PC2022-027 (Attachment No. PC 2) recommending the City
Council approve Local Coastal Program Amendment No. LC2022-002 and
authorize staff to submit Local Coastal Program Amendment No. LC2020-001 to
the California Coastal Commission.
City of Newport Beach ,,3-92
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DISCUSSION
Part 1- Nonconforming Residential Density
Background
Early housing development within the City is characterized by a mixture of single-family,
multi -family, and mixed -use housing near commercial and visitor serving uses. Duplexes,
triplexes, and fourplexes can be found primarily in the older neighborhoods such as Vilest
Newport, the Balboa Peninsula, Balboa Island, and Corona del Mar. Throughout the
years, many blocks have been rezoned to lower residential densities. For example, the
triplex shown below in Figure 1 is now zoned R-2 (Two -Unit Residential), which only
allows a maximum of two units.
fiO4
Figure 1: Nonconforming triplex on West Balboa Boulevard
Residential properties that have been legally developed with more dwelling units than
allowed under current zoning regulations, such as the residence shown in Figure 1, are
considered a nonconforming use. These properties are subject to the restrictions set forth
in Chapters 20.38 and 21.38 (Nonconforming Uses and Structures) of the Newport Beach
Municipal Code (NBMC). The chapters are intended to encourage nonconforming uses
and structures to become more conforming over time and the codes establish procedures
for the continuation and maintenance of existing uses and structures. The existing code
provisions (20.38.050 and 21.38.050) clearly state that the property owner of a
nonconforming use is able to alter their residence to reduce the total number of dwelling
units to a conforming number; however, the code provisions d❑ not provide clear guidance
regarding other allowances. The provisions do not explicitly allow the property owners to
City of Newport Beach ,,3-94
.,s
make repairs, alterations, or improvements to a nonconforming residential use. Due to
this lack of clarity, some property owners have not made needed investments or have
done so without the benefit of permits.
Redeveloping these nonconforming properties with a compliant density became
infeasible in 2019 with the passage of the Housing Crisis Act of 2019 (SB 330). The law
provides, "[a city] shall not approve a housing development project that will require the
demolition of residential dwelling units unless the project will create at least as many
residential dwelling units as will be demolished." Although SB 330 was originally set to
sunset on January 1, 2025, it was extended to January 1, 2030, with the passage of SB
8 (Chapter 161, Statutes of 2021).
Proposed Amendment
The proposed amendment will revise NBMC 20.38.050 and 21.38.050 (Nonconforming
Uses) to clarify that residential properties that are nonconforming due to density may be
maintained, altered, or expanded pursuant to the limitations of NBMC Sections 20.38.040
and 21.38.040 (Nonconforming Structures), which generally allow additions of up to 50
percent of the floor area of the existing structure provided the addition complies with
applicable standards. Should the property also be nonconforming due to parking, the
improvements will be subject to NBMC 20.38.060 and 21.38.060 (Nonconforming
Parking), which generally limit additions up to 10 percent of the existing floor area of the
structure. A detailed strikeout/underline draft of the proposed amendments are provided
as Attachment No. PC 5 (Redline Strikeout Version of Amendments).
Part 2- Side Setback Clarification
Background
Prior to the City's 2010 comprehensive zoning code update, the NBMC contained an
overlay district known as the Combining or "B" District (B Overlay). The B Overlay was
originally introduced in 1950 and set alternative development standards for site area,
setbacks, and lot width requirements. As part of the 2010 code update, the B Overlay
zones were modified and became the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and
the RM-6,000 zoning districts. The location of these zoning districts is shown in
Attachment No. PC 4 (Former B Overlay Properties).
The B Overlay required either a 6-foot, 7-foot, or 10-foot side setback, as demonstrated
in the table below.
City of Newport Beach �3-95
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SECT1019 9104.1-1. Building site area, lot sires, setbacks and coverage required
in 'B' 0istricte.
Combining
Min.
Min.
Min.
Kin.
Min.
Max.
Designs-
Min. Bldg.
Lot
Lot
Front
Rear
Side
Cover-
tian
Site Area
tlidth
Lam
Yard
Yard
Yard
age --
B
6,000 sq.ft.
60'
BO'
20'
6'
6'
601,
B-1
71500 " "
754
90'
15'
7'
7'
60%
B-2
10,000 " "
90,
100,
15'
107
10'
60%
B-3
20,000 " "
100,
150'
15,
1D'
10'
60%
B-d.
As designated
on zoning
provided that
no requirements
be less
than H-3 regulations.
All setbacks on
the street side of a
corner lot abali not
be less than that
required on existing or
adjacent reversed frontage
when
such exists.
Table 1: Excerpt from the 1958 Newport Beach Zoning Code
Many of the properties in the B Overlay were permitted and developed sender the County
of Orange and were later annexed by the City. For whatever reason, a number of homes
were developed with a smaller side setback than required by the B Overlay.
Due to the inconsistency between the actual side setbacks provided and the minimum
side setbacks required of the B Overlay, the City Council adopted Ordinance No. 1076
on January 13, 1964, authorizing properties located within the B Overlay to construct an
addition to the principal structure at the existing nonconforming side yard setback. Equally
important, the amendment exempted these properties from development restrictions
within the nonconforming code provisions, meaning they were not considered or treated
as a nonconforming property.
This allowance was carried through future iterations of the NBMC. The provision existed
until as recently as 2010, as shown in Figure 2.
f'sgr �ii �QI-�
S Overlay ❑varsct
B O erkia District_ An addition to the principal buildingshall be allowed to be constructed (o) the side
yard sethaek IIn in effect at the time the principal building was Constructed.
Figure 2' Excerpt from pre-2010 Newport Beach Zoning Code
During the 2010 zoning code update, the provision was inadvertently omitted.
Without the provision, an addition to a structure with a nonconforming side setback cannot
be completed in line with the existing residence.
City of Newport Beach 23-96
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----
1 :.- ---- .....--- . .......
Area of Addition
[Staggered to Required Setback]
Existing House
(Nonconforming Setbacks)
Figure 3: Example nonconforming R-]-5,000 property with an addition staggered to provide the
required 6-foot setback.
As shown in Figure 3 above, this inward jog in the design of the home creates
unnecessary structural complications and forces inconvenient floor plans. Furthermore,
without the omitted provision, the above property is considered nonconforming and
subject to the restrictions of 20.38.040 (Nonconforming Structures) including limits to the
size of an addition which would otherwise be allowed by the zoning district.
Proposed Amendment
The proposed amendment will reinstate the omitted provision in both Title 20 and Title
21. Property owners will once again be allowed to construct an addition in line with the
existing development rather than requiring the addition to be constructed to the current
side setback requirement. Table 2-2 and Table 2-3 of 20.18.030 (Residential Zoning
Districts General Development Standards) and Table 21.18-2, Table 21.18-3, and Table
21.184 of 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) will have a footnote added to the side setback column noting the allowance.
City of Newport Beach ,,3-97
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In order to unencumber these properties from the development restrictions for
nonconforming structures, NBMC 20.38.040 (Nonconforming Structures) subsection (H)
and NBMC 21.38.040 subsection (i) will be amended to clarify that these structures are
exempt from the restrictions of the nonconforming structures section_ The proposed
language is available in Attachment No. PC 5 (Redline Strikeout Version of
Amendments).
Only properties where the principal structure was legally developed with a reduced
setback will be affected by this amendment. A nonconforming accessory structure, such
as a detached garage, would not be used to establish a reduced side setback. The
proposed amendment will not modify or reduce the applicability of other development
standards. Additionally, this amendment does not allow a property owner with a reduced
setback to tear down their residence and rebuild at the same reduced setback. Any new
residence will need to comply with the development standards in place at the time of
submittal.
General P1anlCoastal Land Use Plan Consistency
The General Plan and Coastal land Use Plan contain policies throughout that encourage
providing the appropriate number of dwelling units necessary to support the community.
Allowing alterations to existing nonconforming residential properties will extend the useful
life of the affected dwelling units. This is a reasonable effort to preserve a portion of the
City's housing stack. Any development proposed as a result of the amendments will need
to otherwise conform with the development standards in place at the time of application.
A summary of General Plan and Coastal land Use Plan policies that the amendments
implement is provided in the table below:
Table 2- Applicable Polices
{General Plan Policies
Housing Policy 2.1 Support all
Allowing alterations to an existing nonconforming
reasonable efforts to preserve,
residential use extends the practical life of the dwelling
maintain, and improve avaiiability
unit. Alterations will improve the quality of the housing
and quality of existing housing and
unit, creating a desirable dwelling, and improving the
residential neighborhoods, and
quality of the neighborhood overall. This is both a
ensure full utilization of existing City
reasonable effort to preserve a portion of the City's
Dousing resources for as long into
housing stock and help ensure the full utilization of
the future as physically and
existing housing.
economical)y feasible.
Land Use Policy 5.1.7 Require that
A proposed addition will need to otherwise conform with
residential units that are renovated
the development standards in place at the time of
and rebuilt in existing single-family
application. This includes floor area, lot coverage, height,
neighborhoods adhere to the
and parking. Similarly, when a property owner wishes to
principles for new developments.
rebuild their residence, the new dwelling will need to be
built in compliance with the requirements in place at the
time of application.
City of Newport Beach ro3-98
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Land Use Policy 6.2.1
Allowing limited improvements to nonconforming
Accommodate a diversity of
residential uses prevents dilapidation and encourages the
residential units that meets the needs
general improvement of the City's existing housing stock
of Newport Beach's population and
and supply rather than only encouraging the
fair share of regional needs in
redevelopment of properties with a lesser number of units.
accordance with the Land Use Plan's
I Additionally, older housing stocks tends to consist of
designations, applicable density
smaller units and generally more affordable to a wider
standards, design and development
variety of residents.
policies, and the adopted Housing
Element.
Coastal Land Use Plan Policies
2.2.5-4 The enlargement or
The amendment to clarify development allowances for
intensification of legally established
nonconforming residential uses is consistent with the
nonconforming uses shall be limited to
policy in that it only allows limited improvements to
only those uses normally permitted by
nonconforming residential uses. The amendment will not
right or by the approval of a use
of low increases to the number of dwellings on the property
permit, but which were made
and will not increase the degree of the nonconforming
nonconforming by additional
density
regulations of the district in which they
are located. Such enlargement or
intensification shall be subject to
discretionary review and approval by
the City and shall not increase the
degree of the use's nonconformity.
2.7-9 Continue to maintain
The amendments do not authorize any new development
appropriate setbacks and density,
that will block coastal access. The amendments only
floor area, and height limits for
provide increased opportunities to alter and maintain
residential development to protect the
existing properties.
character of established
neighborhoods and to protect coastal
access and coastal resources.
2.7-2 Continue the administration of
Adoption of these amendments will not supersede
provisions of State taw relative to the
Coastal Land Use Plan Policy 2.7-2. The demolition or
demolition. conversion and
conversion of a low- or moderate -income unit within the
construction of low and moderate-
Coastal Zone will remain be subject to NBMC 21.34
income dwelling units within the
(Conversion of Demolition of Affordable Housings and
coastal zone.
State law.
Local Coastal Plan Amendments
Amendments to the Local Coastal Plan (LCP) must also be reviewed and approved by
the City Council, with a recommendation from the Planning Commission, prior to
submitting the amendment request to the California Coastal Commission (CCC). CCC
review and approval is required for any proposed amendment to the certified LCP.
The LCP, including the proposed amendments, will be carried out fully in conformity with
the California Coastal Act. The proposal does not authorize a change of use, density, or
City of Newport Beach ,,3-99
,,
intensity but iPstead allwva alterations to existing structures. These amendments will not
have an impact to public access or views of coastal resources.
Summary
The proposed amendments will allow reinvestment in properties that are developed with
more units than current standards consistent with the Housing Crisis Act of 2019 as
amended. The second component will reinstate a code regulation inadvertently omitted
in 2010.
Alternatives
The Planning Commission may recommend denial of the suggested code amendments.
Should the nonconforming uses amendment be denied, nonconforming residential uses
will be allowed to continue. Should the side setback clarification amendment be denied,
properties built to a reduced setback will continue to be considered nonconforming. Any
addition will need to follow current development standards (including setbacks).
Environmental Review
The code amendment is exempt from the California Environmental Quality Act ("CEQA")
pursuant to pursuant to 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 would restore the ability for owners of nonconforming residential uses to
improve and alter their property, while assisting the City in maintaining the existing
housing stock. These changes do not have the capability to impact the environment as it
will not increase the number of dwelling units. The code amendment is further exempt
from CEQA pursuant to Section 15265(a)(1), which exempts local governments from the
requirements of CEQA in connection with the adoption of a Local Coastal Program.
1=61=01Rt2
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available, and a Notice of Availability was distributed on
September 23, 2022, to all persons and agencies on the Notice of Availability mailing list.
In addition, notice of this amendment was published in the Daily Pilot as an eighth -page
advertisement, consistent with the provisions of the Municipal Code and State law. The
item also appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
City of Newport Beach 23-100
0.62
Prepared by:
'D
J s yn Per z
Assistant Planner
Submitted by:
Jim Campbell
Deputy Community Development Director
ATTACHMENTS
PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment
No. CA2022-004
PC 2 Draft resolution recommending the City Council approve Local Coastal Program
Amendment No_ LC2022-002
PC 3 City Council Resolution No. 2022-29 Initiating Amendments
PC 4 Former B Overlay Properties
PC 5 Redline Strikeout Version of Amendments
City of Newport Beach 3-101
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Attachment G
Redline Version of Proposed Amendments
City of Newport Beach ,3-102
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Attachment G Redline Strikeout Version of Proposed Amendments
Title 20 (Planning and Zoning)
20.18.030 Residential Zoning Districts General Development Standards.
TABLE 2-2
DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL ZONING DISTRICTS
Development
Feature
R-A
R-1
R-1-6,000
R-1-7,200
R-1-10,000
Additional Requirements
Side (interior, each):
Lots ,40 ft. wide or
5 ft.
3 ft. (4)
6 ft. �
5 ft. 7)
10 ft. L]
20.30.110
20 48 10
less
20.38.040 (H)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. @
5 ft. (7)
10 ft. U)
Side [street side]:
20 30.110
Lots 40 ft. wide or
5 �t.
3 ft.
6 ft. L}
5 ft. L7
loft. 0
20.48.180
less
20.38.040 (H
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. [7)
5 ft.L7j
10 ft. (7)
Notes:
(7) An addition to the principal structure shall be allowed to be constructed to the side
yard setback in effect at the time the principal structure was constructed prodded the
addition meets applicable building and fire code standards.
City of Newport Beach 3-103
20,5
TABLE 2-3
DEVELOPMENT STANDARDS FOR. TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS
Development Feature
R-81
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
20.38.040 (H)
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft.-,10)
Lots 40'1 " wide to 49" 1" wide
4 ft.
4 Ft.
6 ft. [10]
20.38.040(HH)
Lots 50 ft. wide and greater
NIA
4 Ft.
6 ft'11.01
Side (street side):
20.38.040 (H)
Lots 40 ft. wide or less
3 ft.
a Ft.
NIA
Lots 40'1"wide to 49"1" wide
4ft.
4 ft.
NIA
Lots 50 ft. wide and greater
NIA
NIA
6 ft.-,10j
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO -UNIT AND MULTI -UNIT RESIDENTIAL ZONING DISTRICTS
(Continued)
Development Feature
Side (interior, each):
RM
RMD
RM-6,000
Additional Requirements
Lots 40 ft. wide or less
3 ft.
NIA
6 ft.0 0)
20.38.040 (H)
Lots 40' 1 " wide to 49'11 "
4 ft.
5 ft.
6 ft.-CUO
wide
Lots 50 ft. wide and greater
8% of the average lot width
NIA
6 ft.0 0)
(5)
Side (street side):
Lots 40 ft. wide or less
3 ft.
NIA
2038.040 (H)
5 ft.
Lots 40'1" wide to 49'11"
4 ft.
NIA
wide
Lots 50 ft. wide and greater
8% of the average lot width
6 ft.
(5)
Notes:
City of Newport Beach 3-104
,,.as
(10) An addition to the principal structure shall be allowed to be constructed to the
side yard setback in effect at the time the princ_ipa_I_structure was constructed
orovided the addition meets aoolicable building and fire code standards.
20.38.040 Nonconforming Structures.
H. Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within
Corona del Mar and Balboa Village that are nonconforming because they exceed the
allowed floor area shall be exempt from the limits of this section and may be demolished
and reconstructed to their preexisting height and floor area; provided, that not less than
the preexisting number of parking spaces is provided.
2. Landmark Structures. Landmark structures shall be exempt from the requirements
of this chapter in compliance with Section 20.38.070 (Landmark Structures).
3. _R-1-6,000, R-1-7,200, R_ 1-10,004, R-2-6,000, and RM-6,400 Zoning Districts.
Existing principal structures that are nonconforming only because side yard setback
requirements have been amended subsequent to the original construction shall be
exempt from the limits of this section.
20.38.050 Nonconforming Uses.
Nonconforming uses may be changed, expanded, increased, or intensified only as provided
in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
Nonresidential Zoning Districts. In nonresidential zoning districts, and in areas where
residential uses are not allowed in Planned Community Districts or specific plan
districts, a use that was previously allowed by right, but which becomes
nonconforming because of new permit regulations, may be expanded or intensified
(e.g., increase in floor area, lot area, or occupancy load) subject to the approval of a
conditional use permit.
2. Residential Zoning Districts. A residential use that is nonconforming because it
exceeds the allowed number of units for the zoning district may be altered in
compliance with the requirements of 20.38.040 (Nonconforming Structures).
B. Change of Use.
4-: A nonconforming nonresidential use may be changed to a conforming use, provided
the change does not create or increase a deficiency in required off-street parking
except as provided in Section 20.38.060 (Nonconforming Parking).
City of Newport Beach 3-105
�.,,
URAS for the zoning district may e altered to FeduGe the number of dwelliRg Units,
floor
■ ■_
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified without obtaining a conditional use
permit required by this section subject to compliance with the {provisions of Section
20.38.070 (Landmark Structures).
City of Newport Beach ,3-106
p,a
Title 21 (Local Coastal Program Implementation Plan)
21.18.030 Residential Coastal Zoning Districts General Development Standards.
TABLE 21.18-2
DEVELOPMENT STANDARDS FOR 51NGLE-UNIT RESIDENTIAL COASTAL ZONING DISTRICTS
Development Feature
R-A
R-1
R-1-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft. L7)
2121.30.1.30.110
2
1.3&040 [1]
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
Side (street side):
Lots 40 ft. wide or less
5 ft.
3 ft.
6 ft. U)
2130.110
21.38.040 (1]
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft.
7) An addition to the orindDal structure shall be allowed to be constructed to the side
setback in effect at the time the principal structure was constructed provided the addition meets
applicable building and fire code standards.
TABLE 21.18-3
DEVELOPMENT STANDARDS FOR TWO -UNIT RESIDENTIALCOASTAL ZONING DISTRICTS
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. {7J
21.3&040 (1]
Lots 40'1" wide to 4911"
4 ft.
4 ft.
6 ft. (77)
wide
Lots 50 ft. wide and greater
NIA
4 ft.
6 ft, (7)
Side (street side):
Lots 40 ft. wide or less
3 ft.
3 ft.
NIA
21.38.040 i1]
Lots 40'1"wide to 49'11"
4 ft.
4 ft.
NIA
wide
Lots 50 ft, wide and greater
NIA
NIA
6 ft. (7)
City of Newport Beach 3-107
�.s,
(7) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition meets
applicable building and fire code standards.
TABLE 21.18-4
DEVELOPMENT STANDARDS FOR MULTI -UNIT RESIDENTIALCOASTAL ZONING DISTRICTS
Development Feature
RM
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
6 ft. n
Lots 40' 1 " wide to 4911 "
4 ft.
6 ft.
wide
21.38.040 ill
Lots 50 ft. wide and greater
8% of the average lot
6 ft, (9)
width (4)
Side {street side};
Lots 40 ft. wide or less
3 ft.
NIA
Lots 40' 1 " wide to 4911 "
4 ft.
NIA
wide
21,3&Q40 LU
Lots 50 ft. wide and greater
8% of the average lot
6 ft. M
width (4)
(9) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition meets
applicable buildina and fire code standards.
21.38.040 Nonconforming Structures.
Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona del
Mar and Balboa Village that are nonconforming because they exceed the allowed floor area
shall be exempt from the limits of this section and may be demolished and reconstructed to
their preexisting height and floor area; provided, that not less than the preexisting number
of parking spaces is provided along with provisions for alternative modes of transportation.
City of Newport Beach 3-108
,,.,o
2. Landmark Structures. Landmark structures shall be exempt from the requirements of
this chapter in compliance with Section 21.38.070 (Landmark Structures).
3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal
structures that are nonconforming only because side yard setback requirements have been
amended subsequent to the original construction shall be exempt from the limits of this
sertion.
21.38.050 Nonconforming Uses,
Nonconforming uses may be changed, expanded, increased, or intensified only as provided
in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
1. Nonresidential Coastal Zoning Districts. In nonresidential zoning districts, and in
areas where residential uses are not allowed in Planned Community Districts or
specific plan districts, a use that was previously allowed by right, but which becomes
nonconforming because of new permit regulations, may be expanded or intensified
(e.g., increase in floor area, lot area, or occupancy load) if such new development
does not increase the degree of nonconformity, complies with the coastal protection
policies of the Local Coastal Program, and is subject to the approval of a coastal
development permit.
2. Residential Coastal Zonina Districts. In residential coastal zonina districts. and in
areas where residential uses are allowed in Planned Community Districts or Specific
Pfans, a residential use that is nonconforming because it exceeds the allowed
number of units for the coastal zoning district may be altered in compliance with the
requirements of 20.38.040 (Nonconforming Structures).
B. Change of Use.
A nonconforming nonresidential use may be changed to a conforming use, provided
the change does not create or increase a deficiency in required off-street parking
except as provided in Section 21.38.060 (Nonconforming Parking).
i ■.
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified subject to compliance with the
provisions of Section 21.38.070 (Landmark Structures).
City of Newport Beach 3-109
�„
Attachment E
Coastal Commission Approval Letter
3-110
STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
301 East Ocean Boulevard, Suite 300
Long Beach, CA 90802-4302
(562)590-5071
August 1, 2024
City of Newport Beach
Community Development Department
Attn: Jaime Murillo, Deputy Community Development Director
100 Civic Center Drive
Newport Beach, CA 92660
Re: Effective Certification of Newport Beach Local Coastal Program Amendment Request
No. LCP-5-NPB-22-0056-1 (Part C)
Dear Council Persons:
We are pleased to notify you that on May 8, 2024, the Commission approved the Newport
Beach Local Coastal Program (LCP) Amendment No. LCP-5-NPB-22-0056-1 (Part C) as
submitted. Therefore, the LCP amendment will be fully effective upon filing of the notice of
the Commission's certification with the Secretary of the Resources Agency as provided by
Public Resources Code Section 21080.5(d)(2)(v).
The City of Newport Beach LCP Amendment No. LCP-5-NPB-22-0056-1 (Part C) was
submitted for Commission certification by City Council Resolution No. 2022-82.
The amendment modifies the certified Implementation Plan (IP) of the City's certified LCP
to clarify development allowances for residential uses that are nonconforming due to density
and modify side setback allowances for properties in the R-1-6,000, R-2-6,000, and the RM-
6,000 coastal zoning districts.
On behalf of the Coastal Commission, I would like to congratulate the City on the completion
of this LCP amendment. Thank you for your cooperation and we look forward to working
with you and your staff in the future. If you have any questions, please contact me at our
Long Beach office (562) 590-5071 or at fernie.sy@coastal.ca.gov.
Sincerely,
Fernie Sy
Coastal Program Analyst
3-111
Attachment F
Coastal Commission Staff Report and Addenda
3-112
W13b
ADDENDUM
DATE: May 7, 2024
TO: Coastal Commissioners and Interested Parties
FROM: South Coast District Staff
SUBJECT: ADDENDUM TO ITEM W13b, LCP AMENDMENT NO. LCP-5-NPB-22-
0056-1, PART C FOR THE COMMISSION MEETING ON MAY 8, 2024.
This addendum is designed to achieve the following objectives. First, Section I updates the
record by supplementing it with correspondence that Commission staff received after the
staff report was issued. Section I also provides responses to some of the issues raised in
the recent correspondence, which responses Commission staff proposes the Commission
incorporate into its findings. Commission staff's response to comments does not alter
staff's recommendation of "Approval as Submitted" for the proposed LCP Amendment
(LCPA).
I. CORRESPONDENCE RECEIVED AND RESPONSE TO COMMENTS
On May 3, 2024, Commission staff received one email from Jim Mosher in opposition to
the staff recommendation to approve the subject LCPA as submitted. Specifically, Mr.
Mosher raises the following concerns:
1. Implementation Plan (IP) Subsection 21.38.020.13 needs to be amended to
correct the cross-reference error introduced in 2018.
2. The proposed footnotes to Tables 21.18-2, 21.18-3 and 21.8-4 are not necessary
or desirable. Applicants should not be able to choose between the certified IP
development standard and some earlier City standard. Without the footnotes, "-
6,000" properties with substandard side yard setbacks would, as they are now, be
nonconforming, and exceptions to the certified standards for them should be dealt
with in Chapter 21.38.
3. Assuming the intent is only to prevent a situation in which "an addition to a
structure with a nonconforming side setback cannot be completed in line with the
existing residence," then the proposed amendment creating a new exception in
Subsection 21.38.040.1.3 should be limited to that with language such as:
3-113
"3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing
principal structures in the R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning
Districts whose only nonconformity is having been built to a legally
nonconforming side yard setback can be extended in alignment with the
previously approved setback provided the extension complies with all other
provisions of this code."
4. If the intention is, instead, to treat a R-1-6,000, R-2-6,000 or RM-6,000 property
whose only nonconformity is a legally nonconforming side yard setback the same,
for all purposes, as a fully conforming property, then that would be more
appropriately stated by amending IP Section 21.38.020 (Applicability) or possibly
Section 21.38.030 (Determination of Nonconformity).
5. Existing Subsection 20.38.040.1.1 contains similar ambiguities as to exactly what
"limitations" oversized residential structures in Corona del Mar and Balboa Village
are exempt from, and may wish to continue this item so a more comprehensive
review of Chapter 20.38 can be undertaken.
On May 6 and May 7, the City of Newport Beach provided two emails to respond to Mr.
Mosher's comments. These emails are attached to this addendum as Attachment 1.
Commission staff responds to Mr. Mosher's comments below and recommends that the
Commission incorporate these responses into its findings as a new Section C
(Correspondence and Response to Comments). The current Section C (California
Environmental Quality Act (CEQA)) will hence be renumbered as Section D. Commission
staff hereby revises its recommended findings to incorporate these responses, so that
adoption of the staff recommendation will include adoption of these findings.
Response to Contention No. 1
In his comment letter, Mr. Mosher points out that the Commission approved a previous
LCPA in 2018' to increase the limit for expansion of the floor area of nonconforming
structures from 50% to 75%, subject to suggested modifications. Among other things, the
Coastal Commission's suggested modifications required a renumbering of the
subparagraphs of Section 21.38.040.G. Of note, what was formerly Subsection
21.38.040.G.1 was renumbered to 21.38.040.G.2. This section reads as follows:
"2. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor
area of the existing structure; expansion of residential structures may be permitted
up to a maximum of seventy-five (75) percent with the approval of a coastal
development permit. When reviewing an application for an expansion of a
nonconforming residential structure, the review authority shall consider:
a. Whether the nonconforming structure can be modified to, or replaced with, a
conforming structure that would restore or enhance visual quality in a visually
degraded area;
b. Whether the nonconforming structure, with or without the proposed addition, is
visually compatible with the character of the surrounding area; and
'Refer to Amendment Request No. LCP-5-NPB-17-0084-1, which was effectuated on April 11, 2019
3-114
c. Whether the nonconforming structure is architecturally or historically significant;
3. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the coastal zoning
district;
4. The addition shall comply with all applicable development standards and use
regulations of this Implementation Plan;
5. Additional parking shall be provided in compliance with
Section 21.38.060 (Nonconforming Parking); and
6. The square footage of the required residential parking area additions identified
below shall be excluded from the allowed expansion under subsection (G)(2) of this
section, but shall be included as gross floor area.
Maximum Excluded
Required Parking
Area
One -Car
200 square
Garage
feet,
maximum
Two -Car
400 square
Garage
feet,
maximum
Three -Car
600 square
Garage
feet,
maximum
Mr. Mosher points out that subsection 21.38.020.B (Applicability) incorrectly references the
above language as Section 21.38.040(G)(1) instead of Section 21.38.040(G)(2), as
follows:
"A structure that was legally constructed prior to October 26, 2010, shall be exempt
from the limitations identified in Section 21.38.040(G)(1) unless the structure is
nonconforming because it does not comply with the required setbacks."
The City's response emails concur that the proposed LCPA incorrectly references the old
Subsection of IP Chapter 21.38.040(G). However, in this case, Commission staff does not
believe that a suggested modification is necessary to correct this scrivener's error, as the
Commission has accepted corrections to similar scrivener's errors administratively in
LCPAs. The LCP Amendment that authorized the renumbering was deemed to be effective
on April 11, 2019, when the Commission determined that the City of Newport Beach's
action to adopt the LCP Amendment with the Commission's suggested modifications was
legally adequate.
3-115
Response to Contention No. 2
Mr. Mosher contends that the City's proposed footnote to the current IP Tables 21.18-2,
21.18-3, and 21.8-4 and 21.8.4 (refer to Appendix A of the subject staff report) is
unnecessary and overly broad. He asserts that the footnotes imply that when an
application is received to make additions to any conforming principal structure on a R-1-
600, R-2-6000, or RM-6000, a side yard setback requirement set in the Local Coastal
Program (LCP) could essentially be superseded by a less restrictive setback requirement
in place at the time of the structure's original construction. Mr. Mosher notes that this
would result in a classification of what should be considered a nonconforming structure as
a conforming structure.
The City provided two email responses on May 6, 2024 and May 7, 2024 to respond to Mr.
Mosher's contentions. In these emails, the city clarified that the footnotes would only apply
to residences in the R-1 6000, R-2-6000 and the RM-6000 zones that currently have
nonconforming setbacks. Residences in these zones that currently contain conforming
side yard setbacks would not be allowed to construct additions with the side setback area;
rather, such residences would be required to comply with the LCP's setback requirements.
Response to Contention Nos. 3 and 4.
Mr. Mosher raises particular concern with one of the City's proposed additions to IP
Section 20.38.040.H (Exceptions), which reads as follows:
"3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal
structures that are nonconforming only because side yard setback requirements have
been amended subsequently to the original construction shall be exempt from the limits of
this section."
Mr. Mosher asserts that the language- as currently written- would allow properties that are
only nonconforming with respect to side setbacks to be exempt from all of the limits from
IP Chapter 20.38.040 (Nonconforming Structures). In other words, Mr. Mosher asserts that
properties with nonconforming side setbacks would be allowed to replace 50 percent or
more of the existing structure without bringing it into conformity with the LCP, which would
be inconsistent with LUP Policy 2.2.5.1, which states:
"Legal nonconforming structures shall be brought into conformity in an equitable,
reasonable, and timely manner as rebuilding occurs. Limited renovations that
improve the physical quality and character of the buildings may be allowed.
Rebuilding after catastrophic damage or destruction due to a natural event, an act
of public enemy, or accident may be allowed in limited circumstances that do not
conflict with other policies and of the Coastal Land Use Plan."
To further elaborate on this contention, Mr. Mosher asserts that the proposed exception
language for nonconforming side setbacks in the R-1-6,000, R-2-6,000, and RM-6,000
zones should be re -written as cited above.
The City's response emails clarify that properties in the R-1-6,000, R-2-6,000, and RM-
6,000 Coastal Zoning Districts that only have a nonconforming side yard setback would be
treated as a conforming property with respect to the side setback. This was how properties
with nonconforming side setbacks were treated in the pre-2010 iteration of the zoning code
(i.e. prior to certification of the IP), but was inadvertently not transferred over into the
3-116
certified LCP. As stated in the staff report, the intent of the subject LCPA is to incorporate
this standard back into the certified LCP to eliminate inconsistent permitting regarding
these specific properties. The City further noted that if a property has additional
nonconformities (i.e. nonconforming rear setbacks, height, parking, etc.), then the property
would be required to conform to the limitations set in Chapter 20.38.040.
Moreover, the City rebutted Mr. Mosher's suggested language change, noting that the
intended language was unnecessary and makes the same point as the currently proposed
language. After reviewing the language, Mr. Mosher's comments, and the City's
comments, Commission staff concurs that the City's currently proposed language
sufficiently describes the extent to which properties with only nonconforming side setbacks
would be exempt from LCP development standards in the R-1-6,000, R-2-6,000, and RM-
6,000 Coastal Zoning Districts.
Response to Contention No. 5
Mr. Mosher's last contention is that IP Section 20.38.040.1.1 does not clearly explain what
development standards oversized residences in Corona Del Mar and Balboa Village would
be exempt from, and he suggests a continuance until the entire chapter can be reviewed
holistically. Staff would note that the scope of this LCPA is limited to clarifying
development standards for residences in the R-1-6,000, R-2-6,000, and RM-6,000 Coastal
Zoning Districts with nonconforming side yard setbacks. If the City wishes to clarify
development standards for nonconforming properties in Corona Del Mar and Balboa
Village, it may choose to do so at a later time under a separate LCPA.
Attachment 1: City of Newport Beach email responses to Mr. Mosher's comments
3-117
California Coastal Commission
5/7/24, 3:15 PM Quick Teams call re: Nonconforming uses/stLueF t -N P B -2 2 -0 0 5 6 -1 , Part C
Addendum- Exhibit 1
FW: Quick Teams call re: Nonconforming uses/structures? May 8, 2024
Murillo, Jaime <JMurillo@newportbeachca.gov>
Tue 5/7/2024 10:43 AM
To:Spencer, Amrita@Coastal <Amrita.Spencer@coastal.ca.gov>
Cc:Perez, Joselyn <JPerez@newportbeachca.gov>
Please see Joselyn's responses below.
From: Perez, Joselyn <JPerez@newportbeachca.gov>
Sent: May 07, 2024 10:21 AM
To: Murillo, Jaime <JMurillo@newportbeachca.gov>
Subject: RE: Quick Teams call re: Nonconforming uses/structures?
• Comment no. 2:
Mr. Mosher's comments seem to mistakenly suggest that a property owner can choose which side setback they
can apply whereas the amendment is specific in only allowing additions to structures in -line with the existing
building. I also believe based on historic versions of the zoning code that there has always been intent to exempt
these structures in the former B overlay that are nonconforming only for side setbacks from being considered
nonconforming and having the limitations of the nonconforming structure code applied to them. My example
comes from the 1960s code, first paragraph:
20.44AD ilxempt Nouatmfamling Buildinp. The fiollowhig typs of
nmeonfoll mhW builds ngs are exempt from the requirement of a Use Petmiit
for oertain repairs, altomti rns or additions ae provided is Seetidla
0AGA70,
(a) B Adings located in R-1-B, 11-2-B, R-3-B, =d R-1-B Dietrit!#-9
which are non�o&orn4ng only bccauw a,wenclmwts of this Title have
changed side yani requir=enta sub gnent by the original construction
of such baftgp. Sueb noncon orang side yards may be continued in the
eonl5tmc ioti of wmtioriq. 1.1( 7
But yes, if the structure is only nonconforming due to side setbacks, they would not be subject to the restrictions
of 21.38.040 Nonconforming Structures. If the structure is nonconforming for any other reason, such as rear
setback, parking, all limits provided in Title 21 and the CLUP would apply.
• Comment no. 3 is essentially our proposed LCPA amendment, just more wordy. I don't think it's helpful.
• Comment no. 4 1 disagree with his statement that the intent of the old code was not to exempt properties
from being considered nonconforming. I think the code did intend for the properties to get relief from the
restrictions assigned to a nonconforming structure
Joselyn Perez
Associate Planner
Community Development
Department
Office: 949-644-3312
100 Civic Center Drive
Newport Beach, CA 92660
3-118
https://outlook.office.com/mail/deeplink/protocolActivation?nativeVersion=1.2024.417.100&key=929862e4-4933-834a-b8ba-33fdfb09e32e&fileExt=.e... 1 /3
California Coastal Commission
5/7/24, 3:15 PM Quick Teams call re: Nonconforming uses/stLueF t -N P B -2 2 -0 0 5 6 -1 , Pa rt C
From: Murillo, Jaime <JMurillo@newportbeachca.gov> Addendum- Exhibit 1
Sent: May06, 20247:03 PM May 8, 2024
To: Spencer, Amrita@Coastal <Amrita.Spencer coastal.ca.gov>
Cc: Perez, Joselyn <JPerez new portbeachca.gov>
Subject: RE: Quick Teams call re: Nonconforming uses/structures?
Hi Amrita,
I took a stab at responding to Mosher's 5 suggestions. See below. I will have Joselyn review in more detail
tomorrow to see if she has more to add, unless you think my responsed below provide you what you need?
1. Mosher is correct that the reference in Subsection 21.38.020.13 should have been revised to reference
21.38.040.G.2 as part of a prior LCP Amendment. However, this scrivener's error is not related to the
subject LCP Amendment request and a suggested modification to correct this prior scrivener's error is not
appropriate at this time if there are no other suggested mods proposed by CCC staff. The reference is
correct in the City's Zoning Code (Title 20) Section 20.38.020.13 and will be consistently implemented
correctly when applying Title 21. We can fix this in a future clean up amendment.
2. The footnotes are necessary to correct the omission from the 2010 Zoning Code Update. The footnote
clarifies that the provision only applies to additions to principal structures. Should a homeowner choose to
construct a new dwelling, they would have to comply with the current side setback requirement.
Furthermore, if dwelling is nonconforming for any purpose such as rear setbacks, height, floor area,
parking, etc. , they are still subject to the certified standards for nonconforming structures and uses in
Chapter 21.38.
3. Correct, this is the intent and is how these dwellings were treated in the pre-2010 version of the zoning
code. However, Mosher's suggested language is unnecessary. The City proposed language is intended to
clarify that these dwellings are not considered nonconforming for this purpose only. If the dwellings are
nonconforming for other reasons, they will be subject to the certified standards for nonconforming
structures and uses in Chapter 21.38. There is nothing in the City proposed language that affords the
addition to deviate from any other standard in the IP.
4. Mr. Mosher's suggested modifications are unnecessary. While that could be an alternative way of clarifying,
the City's proposed language accomplishes the same thing as discussed above.
5. This comment is unrelated to the proposed LCP Amendment request.
From: Spencer, Amrita@Coastal <Amrita.Spencer@coastal.ca.gov>
Sent: May 06, 2024 3:55 PM
To: Murillo, Jaime <JMurillo(cDnewportbeachca.gov>
Subject: Quick Teams call re: Nonconforming uses/structures?
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Hi Jaime,
Not sure if you're still on the ADU call- I had to step into another meeting. Do you have a
moment afterward to check -in re: the Mosher comment letter?
Amrita Spencer I District Supervisor
CALIFORNIA COASTAL COMMISSION
South Coast District Office
301 E. Ocean Blvd, Suite 300
3-119
https://outlook.office.com/mai I/deeplink/protocolActivation?nativeVersion=1.2024.417.100&key=929862e4-4933-834a-b8ba-33fdfbO9e32e&fileExt=.e... 2/3
California Coastal Commission
5/7/24, 3:15 PM Quick Teams call re: Nonconforming uses/stLuCNF t -N P B -2 2 -0 0 5 6 -1 , Part C
Long Beach, CA90802 Addendum- Exhibit 1
May 8, 2024
(562) 590-5071
3-120
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W13b
DATE: April 25, 2024
TO: Commissioners and Interested Persons
FROM: Karl Schwing, Deputy Director
Shannon Vaughn, District Manager
Amrita Spencer, District Supervisor
Fernie Sy, Coastal Program Analyst
SUBJECT: Major Amendment Request No. LCP-5-NPB-22-0056-1 (Part C) to the City
of Newport Beach certified Local Coastal Program, for Public Hearing and
Commission Action at its May 8, 2024, meeting.
SUMMARY OF LCP AMENDMENT REQUEST NO.
LCP-5-NPB-22-0056-1 (Part C)
The City of Newport Beach is requesting an amendment to the City's certified Local
Coastal Program (LCP). The amendment would modify the certified Implementation
Plan (IP) of the City's certified LCP to clarify development allowances for residential
uses that are nonconforming due to density and modify side setback allowances for
properties in the R-1-6,000, R-2-6,000, and the RM-6,000 coastal zoning districts. The
LCP Amendment was submitted for Coastal Commission action on December 9, 2022,
via Newport Beach City Council Resolution No. 2022-82.
SUMMARY OF STAFF RECOMMENDATION
The proposed LCP Amendment would: amend Section 21.38.050 (Nonconforming
Structures) of the IP to clarify that residential properties that are nonconforming due to
density may be maintained, altered, or expanded pursuant Section 21.38.040
(Nonconforming Structures) of the IP; modify side setback allowances for properties in
the R-1-6,000, R-2-6,000, and the RM-6,000 coastal zoning districts of the IP; and
clarify that structures in these identified three zoning districts are exempt from the
restrictions of the nonconforming structures section of the IP (Section 21.38.040).
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The Coastal Land Use Plan (CLUP) for the City of Newport Beach was effectively
certified by the Commission in 2006, and updated in 2009. The Implementation Plan
(IP) and complete LCP was certified by the Commission on January 13, 2017.
Commission staff is recommending approval of the LCP Amendment as submitted. With
the proposed changes to the identified zoning districts and nonconforming structures
and uses sections of the IP, the IP remains in conformance with and adequate to carry
out the policies of the City's certified Coastal Land Use Plan (CLUP), as amended. The
motions and resolutions to accomplish this recommendation are found on Page 5 of
this staff report.
DEADLINE FOR COMMISSION ACTION: The City submitted the Implementation Plan (IP)
Amendment request on December 9, 2022. The City submitted additional information
on February 6, 2023, and the amendment request was deemed by Commission staff
to be complete on April 12, 2023. On May 10, 2023, the Commission authorized a
one-year extension of the ninety -day time limit for action on the CLUP and IP
Amendment request. As such, the last date for Commission action on this item is July
7, 2024.
ADDITIONAL INFORMATION
Copies of the staff report are available on the Commission's website at
www.coastal.ca.gov. For additional information, contact Fernie Sy in the South Coast
District Office of the Coastal Commission at fern ie.sy(ab-coastal.ca.gov (562) 590-5071.
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Table of Contents
I. PROCEDURAL ISSUES......................................................................................................................................4
A. STANDARD OF REVIEW.......................................................................................... 4
B. PUBLIC PARTICIPATION.......................................................................................... 4
C. PROCEDURAL REQUIREMENTS...............................................................................4
II. MOTIONS AND RESOLUTIONS........................................................................................................................5
A. APPROVAL OF THE IP AS SUBMITTED....................................................................... 5
III. FINDINGS.......................................................................................................................................................5
A. AMENDMENT DESCRIPTION & LOCATION................................................................ 5
B. EVALUATION OF PROPOSED LCP AMENDMENT...................................................... 7
C. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) ........................................... 10
APPENDIX A: REDLINE STRIKE OUT VERSION OF LCP AMENDMENT.....................................................................11
Exhibits
Exhibit No. 1 — City Council Resolution No. 2022-82
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I. PROCEDURAL ISSUES
A. STANDARD OF REVIEW
The standard of review for the LCP Implementing Ordinances, pursuant to Sections
30513 and 30514 of the Coastal Act, is that the proposed IP amendment conforms with
and is adequate to carry out the provisions of the certified Coastal Land Use Plan
(CLUP).
B. PUBLIC PARTICIPATION
Section 30503 of the Coastal Act requires public input in LCP development. It states:
"During the preparation, approval, certification, and amendment of any local coastal
program, the public, as well as all affected governmental agencies, including special
districts, shall be provided maximum opportunities to participate. Prior to submission of
a local coastal program for approval, local governments shall hold a public hearing or
hearings on that portion of the program, which has not been subjected to public
hearings within four years of such submission."
The City Council adopted LCP Amendment No. LC2022-002 to amend the City's
certified IP. The proposed changes were submitted for Coastal Commission action via
City Council Resolution No. 2022-82 (Exhibit No 1).
The City Council held one public hearing on the proposed LCP Amendment on
November 22, 2022. The Planning Commission held a public hearing on the proposed
LCP Amendment on October 20, 2022.
C. PROCEDURAL REQUIREMENTS
If the Commission certifies the LCP Amendment as submitted, no further City Council
action will be necessary, and the amendment will become effective. Should the
Commission deny the LCP Amendment, as submitted, without suggested modifications,
no further action is required by either the Commission or the City, and the LCP
Amendment is not effective, pursuant to Sections 13537(d) and 13542(f) of the
Commission's regulations. Should the Commission deny the LCP Amendment, as
submitted, but then approve it with suggested modifications, then the City Council may
consider accepting the suggested modifications and submitting them by resolution to
the Executive Director for a determination that the City's acceptance is consistent with
the Commission's action. In that scenario, pursuant to the sections cited above and
Sections 13544(c) and 13544.5 (c) of Title 14 of the California Code of Regulations, the
modified LCP amendment will become final and effective at a subsequent Commission
meeting when the Executive Director reports his or her determination that the City's
action in accepting the suggested modifications approved by the Commission for the
LCP Amendment is legally adequate. If the City does not accept the suggested
modifications within six months of the Commission's action, then the LCP Amendment
remains uncertified and not effective within the coastal zone.
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II. MOTIONS AND RESOLUTIONS
A. Approval of the IP as Submitted
Motion: I move that the Commission reject the Implementation Plan Local Coastal
Program Amendment No. LCP-5-NPB-22-0056-1 Part C for The City of Newport Beach
as submitted.
Commission staff recommends a NO vote. Failure of this motion will result in
certification of the Implementation Plan Amendment as submitted and the adoption of
the following resolution and findings. The motion passes only by an affirmative vote of
a majority of the Commissioners present.
Resolution to Certify Implementation Program As Submitted:
The Commission hereby certifies Implementation Plan Local Coastal Program
Amendment Number LCP-5-NPB-22-0056-1-Part C for the City of Newport Beach as
submitted and adopts the findings set forth below on grounds that the Implementation
Plan Local Coastal Program Amendment Number LCP-5-22-0056-1-Part C conforms
with, and is adequate to carry out, the provisions of the certified Coastal Land Use Plan
Local Coastal Program as amended, and certification of the Implementation Plan will
meet the requirements of the California Environmental Quality Act, because either 1)
feasible mitigation measures and/or alternatives have been incorporated to
substantially lessen any significant adverse effects of the Implementation Program on
the environment, or 2) there are no further feasible alternatives or mitigation measures
that would substantially lessen any significant adverse impacts on the environment that
will result from certification of the Implementation Plan.
III. FINDINGS
The Commission hereby finds and declares:
A. AMENDMENT DESCRIPTION & LOCATION
The subject LCP Amendment, LCP-5-NPB-22-56-1 Part C, would amend the IP (Title
21 of the City's Municipal Code) of the City's certified LCP to clarify development
allowances for residential uses that are nonconforming due to density and modify side
setback allowances for properties in the R-1-6,000, R-2-6,000, and the RM-6,000
coastal zoning districts. The R-1 (Single -Unit Residential) Coastal Zoning District allows
a range of detached single-family residential dwelling units (lower density residential),
each located on a single legal lot, and does not include condominiums or cooperative
housing. The R-2 (Two -Unit Residential) Coastal Zoning District allows a maximum of
two residential dwelling units (i.e., duplexes, medium density residential) located on a
single legal lot. The RM (Multiple Residential) Coastal Zoning District allows multi -unit
residential developments containing attached or detached dwelling units (mix of
residential density).
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The proposed LCP Amendment is split into two parts. The first part pertains to
Nonconforming Residential Density and the other part pertains to Side Setback
Clarification.
Nonconforming Residential Density
Early housing development within the City is characterized by a mixture of different
types of housing including single-family, multi -family, and mixed -use housing that are
located in nearby commercial and visitor serving use areas. In the older neighborhoods
of Newport Beach, such as West Newport, the Balboa Peninsula, Balboa Island and
Corona Del Mar, housing developments primarily consist of duplexes, triplexes, and
fourplexes. As the years have passed, many portions of these areas have been
rezoned to lower residential densities. As such, existing residential properties that were
legally developed with higher densities (i.e. more dwelling units) than allowed under
current zoning regulations are considered a nonconforming use and are subject to
Section 21.38.050 (Nonconforming Uses) of the IP.
Section 21.38.050 (Nonconforming Uses) currently clearly indicates that a
nonconforming use that exceeds the allowed number of units for its zoning district may
be altered to reduce the number of dwelling units; however, it does not explicitly provide
provisions that allow property owners to make repairs, alterations, or improvements to a
nonconforming residential use.
Therefore, the subject LCP Amendment would revise Section 21.38.050 of the IP to
clarify that residential properties that are legally nonconforming with respect to density
may be maintained, altered, or expanded pursuant to the limitations of Section
21.38.040 (Nonconforming Structures). Section 21.28.040 generally allows additions of
up to 50 percent of the floor area of the existing structure, provided that the addition
complies with all applicable development standards and regulations found in the
Implementation Plan.
If a property is also nonconforming with respect to parking, the improvements would be
subject to Section 21.38.060 (Nonconforming Parking), which generally limit structural
additions to 10 percent of the existing floor area of the structure.
Finally, Section 21.38.050 would be modified to remove the provision that allows the
number of units in a nonconforming structure to be altered to reduce the number of
dwelling units.
Side Setback Clarification
Prior to the City's 2010 comprehensive zoning code update, the Newport Beach
Municipal Code (NBMC) included an overlay district known as the "Combining or "B"
District (B Overlay)." The B Overlay was introduced in 1950 and included alternative
development standards regarding site area, setbacks, and lot width requirements. In
2010, the City had a comprehensive code update and the "B Overlay" zones became
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the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000 and the RM-6,000 zoning districts.
The R-1-7,200 and R-1-10,000 zoning districts only occur outside of the Coastal Zone.
Conversely, the R-2-6,000 zoning district is only found in the Coastal Zone. However,
both the R-1-6,000 and RM-6,000 zoning districts are found inside and outside of the
Coastal Zone and are allowable uses in the LCP. The former "B Overlay" zoning district
required a 6-ft., 7-ft. or 10-ft. side setback. Many of the properties located in the zoning
district were permitted and developed under the County of Orange and then later
annexed by the City of Newport Beach. For unknown reasons, several homes were
developed with a smaller side setback than required by the "B Overlay" zoning district.
As a result of these setback inconsistencies, the Newport Beach City Council adopted
Ordinance No, 1076 on January 13, 1964, which authorized properties within the "B
Overlay" to construct additions to the principal structure at the existing nonconforming
side setback. This Ordinance also exempted properties within the "B Overlay" from
development restrictions within the nonconforming code provisions, meaning they were
not considered or treated as nonconforming properties. This allowance continued
through future iterations of the Newport Beach Municipal Code (NBMC) until 2010.
During a 2010 comprehensive Zoning Code Update, Ordinance No. 1076 was
inadvertently omitted from the Zoning Code. As a result, this ordinance has also been
left out of the certified LCP. Without this provision, an addition to a structure with a
nonconforming side setback cannot be completed in line with the existing residence. In
addition, without this provision, properties located in the former "B Overlay" are not
exempt from development restrictions within the nonconforming provisions of Section
21.038.040 (Nonconforming Structures) of the IP, and would thus be subject to addition
size limits.
Therefore, the subject LCP Amendment will now include this provision in Title 21 (IP).
As such, property owners within the former "B Overlay" (i.e., the R-1-6,000, R-2-6,000
and RM-6,000 zoning districts located within the Coastal Zone and under jurisdiction of
the LCP) will once again be allowed to construct an addition in line with the existing
development rather than requiring the addition to be constructed pursuant to the current
setback requirements. The LCP Amendment will also have a footnote included in Table
21.18-2, 21.18-3 and Table 21.8-4 to identify this allowance. Section 21.38.040
(Nonconforming Structures) will similarly be amended to clarify that structures in these
zoning districts are exempt from the restrictions of the nonconforming structures
section.
B. EVALUATION OF PROPOSED LCP AMENDMENT
Standard of Review
The proposed amendment affects the LCP's IP, and the standard of review for IP
amendment is that they must be consistent with and adequate to carry out the
provisions of the certified CLUP.
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COASTAL LAND USE PLAN POLICIES
CLUP — Land Use and Development
2.2.5-4 Land Use and Development/ General Development Policies/Nonconforminc
Structures and Uses: The enlargement or intensification of legally established
nonconforming uses shall be limited to only those uses normally permitted by right
or by the approval of a use permit, but which were made nonconforming by
additional regulations of the district in which they are located. Such enlargement or
intensification shall be subject to discretionary review and approval by the City and
shall not increase the degree of the use's nonconformity.
2.7.1. Land Use and Development/Residential Development: Continue to maintain
appropriate setbacks and density, floor area, and height limits for residential
development to protect the character of established neighborhoods and to protect
coastal access and coastal resources.
2.7.2. Land Use and Development/Residential Development: Continue the
administration of provisions of State law relative to the demolition, conversion and
construction of low and moderate -income dwelling units within the coastal zone.
As described above, the proposed LCP Amendment would revise Section 21.38.050
(Nonconforming Uses) of the IP to clarify that residential properties that are
nonconforming due to density may be maintained, altered, or expanded pursuant to the
limitations of Section 21.38.040 (Nonconforming Structures), but they may no longer be
reduced in density. Generally, this LCP Amendment allows development with higher
densities to do remodel work without requiring them to be consistent with current
zoning, which in some cases has reduced densities for residential lots that once
accommodated higher densities. This LCP Amendment would also modify side setback
allowances for properties in the R-1-6,000, R-2-6,000, and the RM-6,000 coastal zoning
districts of the certified IP that previously existed in earlier iterations of the Newport
Beach Municipal Zoning Code prior to 2010 and were left out of the certified LCP. In
addition, Section 21.38.040 (Nonconforming Structures) will be amended to clarify that
structures in these zoning districts are exempt from the restrictions of the
nonconforming structures section.
The proposed LCP Amendment is intended to clarify the allowable development for
nonconforming residential uses regarding the improvements (i.e. enlargement or
intensification) to nonconforming residential uses. The LCP Amendment would not
allow an increase in the number of dwelling units on the property nor would it increase
the degree of nonconforming density.
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LUP Policy 2.7.1 requires development to maintain appropriate setbacks and to protect
neighborhood character and coastal resources, such as public views. Reestablishing
the once allowed setbacks to the R-1-6,000, R-2-6,000 and RM-6,000 (formerly known
as the "B-Overlay") zoning districts in the LCP would only affect those properties where
the principal structure was legally developed with a reduced setback. The
reestablishment of the former "B Overlay" setback requirements would not result in any
character modifications to these zones, as it would only allow reduced setbacks for
structures already built with a nonconforming setback.
Moreover, the LCP Amendment would not allow new development that would result in
adverse impacts to coastal access and coastal resources, as it would only clarify the
allowed development that may maintain existing nonconformities with respect to
setbacks. The R-1-6,000, R-2-6,000 and RM-6,000 zones that are affected by this
LCPA, are not located within protected view corridors or areas that contain important
visual resources. And, given the limited scope of the amendment, no other coastal
resources are expected to be adversely impacted by the amendment. As such, the
amendment is consistent with LUP Policy 2.7.1.
Lastly, the proposed LCP Amendment would not adversely affect State Law pertaining
to the demolition, conversion and construction of low and moderate -income dwelling
units within the coastal zone, as required by LUP Policy 2.7.2. One such State law is
the Housing Crisis Act of 2019 (Gov. Code sec. 66300 et seq.), which generally
prohibits affected local governments from approving housing development projects that
demolish more units than they create, approving development projects that demolish
protected units, or enacting policies that reduce the net residential development
capacity within their jurisdiction. The other is the No Net Loss Law (Gov. Code sec.
65863), which ensures that development opportunities remain available to
accommodate a local government's regional housing need allocation (RHNA),
especially for lower- and moderate- income households, by limiting the circumstances
in which local governments can reduce density on parcels identified in their housing
element inventory of sites or approve projects with fewer units than identified in the
jurisdiction's housing element. The LCP Amendment allows existing development with
higher densities to do remodel work without requiring them to be consistent with current
zoning, which in some cases has reduced densities and thus reduced the availability of
housing. The LCP Amendment would also remove Section 21.38.050(B)(2), which
allows reductions in density of a residential use that is nonconforming because it
exceeds the number of housing units allowed in the zoning district. Reestablishing the
once allowed setbacks to the R-1-6,000, R-2-6,000 and RM-6,000 zoning districts in the
LCP would allow construction of an addition in line with the existing development, rather
than requiring the addition to conform to the current setback requirements. And
removing the allowance for a reduction in density of nonconforming residential uses is
also consistent with the requirements of State law requiring no net loss of density for
residential developments.
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Therefore, the Commission finds that, as submitted, the IP Amendment is consistent
with the certified CLUP.
C. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
21080.9 of the California Environmental Quality Act (CEQA) exempts local
governments from the requirement of preparing environmental documentation in
compliance with CEQA in connection with a Local Coastal Program (LCP) amendment.
The Commission's Local Coastal Program review and approval procedures have been
found by the Resources Agency to be functionally equivalent to the environmental
review process under CEQA. (14 CCR § 15265(a)(1).) Thus, under Section 21080.5 of
CEQA, the Commission is relieved of the responsibility to prepare CEQA
documentation for each Local Coastal Program submitted for Commission review and
approval. Instead, this staff report serves as the functional equivalent of CEQA
documentation. Nevertheless, the Commission is required when approving a Local
Coastal Program to find that the amendment will not have a significant adverse impact
on the environment and that there are no further feasible alternatives or mitigation
measures that would substantially lessen the project's impact on the environment.
The Commission finds that, for the reasons discussed in this report, the IP amendment
request will be consistent with the certified CLUP and will ensure that projects will not
have significant coastal resource impacts.
Certification of the IP Amendment complies with the California Environmental Quality
Act because: 1) the amendment as proposed will not have any significant adverse
effects on the environment, and 2) there are no further feasible alternatives and
mitigation measures that would substantially lessen any significant adverse impacts
which the IP Amendment may have on the environment. The Commission finds that the
proposed amendments will be consistent with Section 21080.5(d)(2)(A) of the Public
Resources Code.
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APPENDIX A: Redline Strike Out Version of LCP Amendment
Title 21 (Local Coastal Program Implementation Plan)
21.18.030 Residential Coastal Zoning Districts General Development Standards.
TABLE 21.18-2
DEVELOPMENT STANDARDS FOR SINGLE -UNIT RESIDENTIAL COASTAL ZONING DISTRICTS
Development Feature
R-A
R-1
R-1-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
5 ft.
3 ft. (4)
6 ft. M
2121.30.10
1.30.1
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. M
Side (street side):
Lots 40 ft. wide or less
5 ft.
3 ft.
6 ft. M
21.30.121.30.11 0
2(I)
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. M
(7) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition meets
applicable building and fire code standards.
TABLE 21.18-3
DEVELOPMENT STANDARDS FOR TWO -UNIT RESIDENTIALCOASTAL ZONING DISTRICTS
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. M
21.38.040 (1)
Lots 40' 1 " wide to 49' 11 "
4 ft.
4 ft.
6 ft. M
wide
Lots 50 ft. wide and
N/A
4 ft.
6 ft. M
greater
Side (street side):
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Lots 40 ft. wide or less I 3 ft. I 3 ft. I N/A
Lots 40'1 " wide to 49'11 " 4 ft. 4 ft. N/A
wide
Lots 50 ft. wide and N/A N/A 6 ft. M
greater
21.38.040 (1)
7) An addition to the principal structure shall be allowed to be constructed to the side vard
setback in effect at the time the principal structure was constructed provided the addition meets
applicable building and fire code standards.
TABLE 21.18-4
DEVELOPMENT STANDARDS FOR MULTI -UNIT RESIDENTIALCOASTAL ZONING DISTRICTS
Development Feature
RM
RM-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
6 ft. (9)
Lots 40'1 " wide to 49'11 "
4 ft.
6 ft. u
wide
21.38.040 (1)
Lots 50 ft. wide and
8% of the average lot
6 ft. (9)
greater
width (4)
Side (street side):
Lots 40 ft. wide or less
3 ft.
N/A
Lots 40'1 " wide to 49'11 "
4 ft.
N/A
wide
21.38.040 (1)
Lots 50 ft. wide and
8% of the average lot
6 ft. (9)
greater
width (4)
(9) An addition to the principal structure shall be allowed to be constructed to the side yard
setback in effect at the time the principal structure was constructed provided the addition meets
applicable building and fire code standards.
21.38.040 Nonconforming Structures.
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Exceptions.
1. Corona del Mar and Balboa Village. Existing nonresidential structures within Corona
del Mar and Balboa Village that are nonconforming because they exceed the allowed
floor area shall be exempt from the limits of this section and may be demolished and
reconstructed to their preexisting height and floor area; provided, that not less than the
preexisting number of parking spaces is provided along with provisions for alternative
modes of transportation.
2. Landmark Structures. Landmark structures shall be exempt from the requirements
of this chapter in compliance with Section 21.38.070 (Landmark Structures).
3. R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts. Existing principal
structures that are nonconforming only because side yard setback requirements have
been amended subsequent to the original construction shall be exempt from the limits of
this section.
21.38.050 Nonconforming Uses.
Nonconforming uses may be changed, expanded, increased, or intensified only as
provided in this section.
A. Expansion and Intensification of Existing Nonconforming Uses.
Nonresidential Coastal Zoning Districts. In nonresidential zoning districts,
and in areas where residential uses are not allowed in Planned Community
Districts or specific plan districts, a use that was previously allowed by right,
but which becomes nonconforming because of new permit regulations, may
be expanded or intensified (e.g., increase in floor area, lot area, or
occupancy load) if such new development does not increase the degree of
nonconformity, complies with the coastal protection policies of the Local
Coastal Program, and is subject to the approval of a coastal development
permit.
2. Residential Coastal Zoning Districts. In residential coastal zoning districts,
and in areas where residential uses are allowed in Planned Community
Districts or Specific Plans, a residential use that is nonconforming because
it exceeds the allowed number of units for the coastal zoning district may
be altered in compliance with the requirements of 20.38.040
(Nonconformina Structures).
B. Change of Use.
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1. A nonconforming nonresidential use may be changed to a conforming use,
provided the change does not create or increase a deficiency in required
off-street parking except as provided in Section 21.38.060 (Nonconforming
Parking).
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified subject to compliance with the
provisions of Section 21.38.070 (Landmark Structures).
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