HomeMy WebLinkAbout04 - LCP Amendment Related to Nonconforming Uses and Structures (PA2022-076)Q SEW Pp�T
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c�<,FORN'P City Council Staff Report
October 8, 2024
Agenda Item No. 4
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)
For the City Council's consideration is the adoption of Ordinance No. 2024-22, which
amends Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC) to modify the regulations related to nonconforming uses and
structures for conformance with State law and to correct errors related to setbacks.
Ordinance No. 2024-22 was introduced and considered at the September 24, 2024 City
Council meeting.
RECOMMENDATIONS:
a) Find this amendment exempt pursuant to California Environmental Quality Act
(CEQA) Guidelines Section 15060(c)(2), 15060(c)(3), 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) Conduct second reading and adopt 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).
DISCUSSION:
The proposed amendment to Title 21 (Local Coastal Program Implementation Plan) of
the Newport Beach Municipal Code (NBMC) would:
1) Clarify development allowances for residential uses that are nonconforming due to
density; and
2) Reinstate a side setback allowance for former B Overlay properties now in the
R-1-6,000, R-2-6,000, and RM-6,000 Coastal Zoning Districts.
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Ordinance No. 2024-22: LCP Amendment Related to
Nonconforming Uses and Structures (PA2022-076)
October 8, 2024
Page 2
Ordinance No. 2024-22 was introduced by the City Council on September 24, 2024, as a
consent calendar item. One public comment letter was received providing suggested
changes to the language of the amendment. Staff reviewed the letter and believed the
amendment, as originally proposed, achieved the intended purpose and that no changes
were necessary. The City Council passed the ordinance to second reading as
recommended by staff.
If the attached ordinance is adopted, it would become effective 30 calendar days after
adoption.
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:
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).
ATTACHMENT:
Attachment A — Ordinance No. 2024-22
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Attachment A
Ordinance No. 2024-22 (Title 21 Amendment)
M
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;
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;
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.
up
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.
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)
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)
i •
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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