HomeMy WebLinkAbout2025-10 - Amending Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) in Title 20 (Planning and Zoning) of the NBMC Related to Implementation of the Housing Element (PA2024-0205)ORDINANCE NO. 2025-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 20.28.050 (HOUSING OPPORTUNITY (HO)
OVERLAY ZONING DISTRICTS) IN TITLE 20 (PLANNING
AND ZONING) OF THE NEWPORT BEACH MUNICIPAL
CODE RELATED TO IMPLEMENTATION OF THE
HOUSING ELEMENT (PA2024-0205)
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, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development,
improvement, and preservation of housing;
WHEREAS, the City Council adopted Resolution Nos. 2024-52 and 2024-58 on
July 23, 2024, authorizing submittal of the Local Coastal Program Amendment ("LCPA")
to the California Coastal Commission ("CCC") amending the City's Coastal Land Use
Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code ("NBMC") to establish the Housing Opportunity (HO) Overlay Coastal
Zoning Districts and their corresponding development standards applicable to properties
located within the Coastal Zone and initiating a narrowly focused amendment to the 6tn
Cycle Housing Element ("Housing Element") to remove reference to Charter Section
423 to implement the Housing Element;
WHEREAS, the City filed the LCPA application with the CCC on August 16,
2024, and received a letter from CCC staff on January 7, 2025, confirming the City's
application is complete and pending a hearing date;
WHEREAS, the City Council adopted Ordinance Nos. 2024-16 and 2024-17 on
September 24, 2024, adding Section 20.28.050 (Housing Opportunity (HO) Overlay
Zoning Districts) and Section 20.48.185 (Multi -Unit Objective Design Standards) to the
NBMC establishing Housing Opportunity Overlay Zoning Districts and creating multi -unit
objective design standards respectively;
Ordinance No. 2025-10
Page 2 of 5
WHEREAS, the new sections implement Policy Actions 1A through 1 G and 3A
of the Housing Element;
WHEREAS, Section 20.28.050 of the NBMC allows for new housing
opportunities within five focus areas consisting of the Airport Area Environs Area (HO-
1), West Newport Mesa Area (HO-2), Dover-Westcliff Area (HO-3), Newport Center
Area (HO-4), and Coyote Canyon Area (HO-5) ("Focus Areas") that correspond with the
Focus Areas in the Housing Element to ensure that the City accommodates its Housing
Element Regional Housing Needs Assessment allocation;
WHEREAS, properties identified within the Focus Areas are eligible for specified
development standards conducive to residential development at the prescribed average
density of 20 to 60 dwelling units per acre that include, but are not limited, to minimum
lot area, setbacks, height, open space, landscaping, and parking;
WHEREAS, the City Council adopted Resolution No. 2024-85 on November 19,
2024, initiating amendments to Section 20.28.050 (Housing Opportunity (HO) Overlay
Zoning Districts) and the pending amendments to Section 21.28.070 of the NBMC to
adjust certain development standards, including but not limited to, building height limits-,
WHEREAS, an amendment to Table 2-16 in Section 20.28.050 and pending
Table 21.28-1 in Section 21.28.070 of the NBMC are necessary to adjust the height
limitations of certain properties within the Newport Center Area (HO-4) to accommodate
potential residential development with the intended prescribed density range, and to
identify a certain number of units being allocated from the respective development limits
for a selected group of City -owned properties located within Airport Area Environs Area
(HO-1) and Newport Center Area (HO-4) ("Amendment");
WHEREAS, a public hearing was held by the Planning Commission on January
23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California
to consider the Amendment. A notice of time, place and purpose of the public hearing
was given in accordance with California Government Code Section 54950 et seq.
("Ralph M. Brown Act") and Chapters 20.62 (Public Hearings) and 21.62 (Public
Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
Ordinance No. 2025-10
Page 3 of 5
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2025-004 by a unanimous vote of (5 ayes and 1 recusal)
recommending the City Council approve the Amendment including the addition of Site
ID Nos. 146 and 147 with a maximum height limit of 50 feet for flat roofs and 55 feet for
sloped roofs and Site ID No. 141 with a maximum height limit of 48 feet;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the Amendment to the Orange County Airport Land Use Commission
("ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land
Use Plan ("AELUP");
WHEREAS, on February 20, 2025, the ALUC conducted a public hearing on the
Amendment and continued the hearing to its March 20, 2025, meeting by a unanimous
vote (5 ayes, 0 nays);
WHEREAS, at the continued hearing on March 20, 2025, the ALUC determined
the Amendment is inconsistent with the AELUP (5 ayes, 1 nay);
WHEREAS, the City Council unanimously adopted Resolution No. 2025-13 on
April 15, 2025, pursuant to Sections 21670 and 21676 of the CPUC, notifying the ALUC
and State Department of Transportation Aeronautics Program of the City's intent to
override ALUC's inconsistency finding; and
WHEREAS, a public hearing was held on June 10, 2025, by the City Council in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to
consider the Amendment. A notice of time, place and purpose of the public hearing was
given in accordance with the Ralph M. Brown Act, CPUC Section 21676(b), and
Chapters 20.62 (Public Hearings) and 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the City Council at this
public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council finds the Amendment is a legislative act. Neither
Title 20 nor California Government Code Section 65000 et seq., sets forth any required
findings for either approval or denial of the Amendment.
Ordinance No. 2025-10
Page 4 of 5
Section 2: Notwithstanding the above, the City Council does hereby make the
findings set forth in Exhibit "A," and the amendment to Title 20 (Planning and Zoning) of
the NBMC, as set forth in Exhibit "B," both of which are attached hereto and
incorporated herein by reference.
Section 3: The City Council finds all potential environmental effects for the
Amendment have been adequately addressed in the previously certified Final Program
Environmental Impact Report (PEIR) (SCH No. 2023060699) which was done in
compliance with the California Environmental Quality Act ("CEQA") as set forth in the
Public Resources Code Section 21000 et seq., Title 14, Division 6, Chapter 3 of the
California Code of Regulations ("CEQA Guidelines"), and City Council Policy K-3
(Implementation Procedures for the California Environmental Quality Act) related to the
implementation of the 6t" Cycle Housing Element Implementation involving amendments
to the General Plan, Coastal Land Use Plan, Title 20 (Planning and Zoning) and Title 21
(Local Coastal Program Implementation Plan) of the NBMC. Furthermore, the
Amendment does not constitute substantial changes to the circumstances under which
the project shall be undertaken that would result in new or more severe environmental
impacts than previously addressed in the PEIR, nor has any new information regarding
the potential for new or more severe significant environmental impacts been identified
as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit
"C" and incorporated by reference. Therefore, in accordance with Section 21166 of the
California Public Resources Code and Section 15162 of the CEQA Guidelines, no
additional environmental review is required to adopt the Amendment.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: 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 6: 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.
Ordinance No. 2025-10
Page 5of5
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. This 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 10th day of June, 2025, and adopted on the 24th day of
June, 2025, by the following vote, to -wit:
AYES: Mayor Stapleton, Mayor Pro Tern Kleiman Councilmember Barto
Councilmember Blom, Councilmember Grant Councilmember
Weber, Councilmember Weigand
NAYS: None
C A A
Joe Stl eton, Mayor
NE
ATTEST: 16
VAL."i��
ly Perry, Int im City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4 O'� C2�' ff
A ron C. Harp, City Attorney
Attachment(s): Exhibit "A" — Findings for Approval
Exhibit "B" — Amendment to Chapter 20.28 (Overlay Zoning
Districts (MHP, PM, B, H) of Title 20 (Planning And
Zoning)
Exhibit "C" — CEQA Consistency Memorandum
EXHIBIT "A"
Findings for Approval
General Findi
An amendment to Title 20 (Planning and Zoning) of the NBMC is a legislative act. Neither
Title 20 itself nor California Government Code Section 65000 et seq., sets forth any
required findings for approval of such amendments.
Findings and Facts in Support of Finding:
1. Title 20 (Planning and Zoning) of the NBMC serves as the City's Zoning Code,
which is a tool to ensure consistency with and implementation of the General
Plan. It is necessaryto amend and update Title 20 from time to time to ensure
the policies set forth by the General Plan are implemented effectively.
2. The Amendment specific to Title 20 (Planning and Zoning) of the NBMC, which is
attached hereto as Exhibit "B" and incorporated herein by reference will further
enable the implementation of the Housing Element's key objective, which is to
accommodate the development of housing to fulfill City's obligation to meet
regional housing demands. Specifically, the Amendment will allow increased
height limitations for certain properties within HO-4 to accommodate residential
developments within the intended prescribed density range while furthering the
longstanding vision for development in Newport Center, as noted in General Plan
Land Use Element Policy 6.14.4 (Development Scale). Increased heights will
accommodate density on smaller sites and/or fewer sites and will increase
walkability for residents and activate the urban core of Newport Center to create
a true mixed -use community while decreasing development footprints and
encouraging increased open space and views through developments.
3. The Amendment will also allocate a portion of the development limits in HO-1
and HO-4 to City -owned sites where there is a potential for redevelopment with
housing projects within the Housing Element's planning period.
EXHIBIT "B"
Amendment to Chapter 20.28 (Overlay Zoning Districts
(MHP, PM, B, H) of Title 20 (Planning And Zoning)
Table 2-16 of Section 20.28.50 (Housing Opportunity (HO) Overlay Zoning Districts) of
Chapter 20.28 of the Newport Beach Municipal Code would be amended as follows,
currently shown in redline -strikeout format for ease of reference only:
TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES
Development Feature
Housing Opportunity Subareas
HO-1
HO-2
HO-3
HO-4
HO-5
HO-6
Development Limit
(units)M
2,57701)
1,107
521
2,439(12)
1,530
N/A
Lot Size/Dimension
Per Base Zone
Lot area required per unit
(sq. ft. )(21
Minimum: 2,178 (20
du/ac)
Maximum: 871 (50
du/ac)
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Minimum:
2,178 (20
du/ac)
Maximum:
726 (60
du/ac)(")
All
Standards
Per Base
Zone
Setbacks
Front
0 ft.(3)
10 ft.(3)
10 ft.(3)(4)
0(3)
10 ft.(3)
Rear
0
20 ft.
20 ft.
0
20 ft.
Side
0(4)
Street Side
ON
10 ft.(3)
10 ft.(3)
0 ft.(3)
10 ft.(3)
Height
Per Base Zone unless
otherwise identified
on the map
65 ft.
65 ft.(6)
Per Base Zone
unless
otherwise
65 ft.
Identified on
the map(')
Building Separation
10 ft.
Floor Area Ratio (FAR)
No restriction( )
Common Open Space(9)
Minimum 75 square feet/dwelling unit. (The minimum dimension (length
and width) shall be 15 feet.)
Private Open Space(9)
5% of the gross floor area for each unit. (The minimum dimension (length
and width) shall be 6 feet.)
Fencing
See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES
Housing Opportunity Subareas
Development Feature HO-1 HO-2 I HO-3 HO-4 HO-5 HO-6
Lighting See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities).
Parking See subsection (D)(3) of this section and Chapter 20.40 (Off -Street
Parking).
Satellite Antennas See Section 20.48.190 (Satellite Antennas and Amateur Radio Facilities).
Signs See Chapter 20.42 (Sign Standards).
(1) -Development limits -are -additional- residential -development- opportunities beyond the base allowances in this Title or the General Plan. These limits shall not include density bonus units or units that are
either identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were
applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible
units are only counted against the development limits when they are either entitled or are issued a
building permit if allowed by right. However, 25% of the development limit within each HO Overlay
Zoning District that includes properties within the Coastal Zone shall be reserved until such a time as
the City's Local Coastal Program has been amended to allow for housing consistent with the
implementation of the 6th Cycle Housing Element. Following the City's Local Coastal Program
Amendment, priority for the reserved units will be given to sites located within the Coastal Zone.
(2) Minimum/maximum allowable density range may be based on an average density of the entire project
site, excluding density bonus units.
(3) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the
street right-of-way.
(4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only
allowed beginning 100 feet north of Coast Highway.
(5) The combined total from both sides shall be 15 feet.
(6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.
(7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No.
1371 and Ordinance No. 1596).
(8) The FAR in this table only applies to residential floor area, including any supporting facilities. In
mixed -use developments, the FAR for nonresidential is still applicable.
(9) For purposes of this section, common and private open space in HO-1 may include enclosed shared
amenities such as a clubhouse, swimming pool, tennis court, basketball court, racquetball court,
weightlifting facility, children's playground equipment, sauna, jacuzzi, day care facility, or any other
recreational amenities/facilities as deemed appropriate by the Community Development Director.
(10)This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is
limited to a maximum of 20 dwelling units.
(11)Of the 2,577 base development units 179 units shall be allocated to Site ID No. 77 (1201 Dove
Street) from the 61h Cycle Housing Element Sites Inventory.
(12)Of the 2,439 base development units for HO-4, 152 units shall be allocated to Site ID No. 362 (868
and 870 Santa Barbara Drive) from the 61h Cycle Housing Element Sites Inventory.
The following map is updated in Section 20.80.025 (Housing Opportunity Overlay District
maps) of Chapter 20.80 (Maps) of the NBMC:
EXHIBIT "C"
CEQA Consistency Memorandum
Available separately due to bulk at:
https://newportbeachca gov/home/showdocument?id=76683&t=638833463869042483
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim 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. 2025-10 was duly introduced on the 10th day of June, 2025, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 24nd day of June, 2025, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 26th day of June, 2025.
44L(-,. L
Molly Perry
Interim City Clerk)
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance
No. 2025-10 has been duly and regularly published according to law and the order of the City Council of
said City and that sarne was so published in the Daily Pilot, a newspaper of general circulation on the
following dates:
Introduced Ordinance: June 10, 2025
Adopted Ordinance: June 24, 2025
In witness whereof, I have hereunto subscribed n
City of Newport Beach, California