HomeMy WebLinkAboutPC2022-027 - 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 (NRESOLUTION NO. PC2022-027 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: SECTION 1. STATEMENT OF FACTS.
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
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clearly 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 final 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 hearing 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 DETERMINATION.
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,
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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.
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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:_________________________ Mark Rosene, Secretary
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Attachment: Exhibit A – Local Coastal Program Amendment No. LC2022-002
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EXHIBIT “A”
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):
21.30.110
21.38.040 (I) Lots 40 ft. wide or less 5 ft. 3 ft. (4) 6 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7)
Side (street side):
21.30.110
21.38.040 (I) Lots 40 ft. wide or less 5 ft. 3 ft. 6 ft. (7)
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):
21.38.040 (I) Lots 40 ft. wide or less 3 ft. 3 ft. 6 ft. (7)
Lots 40'1" wide to 49'11"
wide
4 ft. 4 ft. 6 ft. (7)
Lots 50 ft. wide and greater N/A 4 ft. 6 ft. (7)
Side (street side):
21.38.040 (I)
Lots 40 ft. wide or less 3 ft. 3 ft. N/A
Lots 40'1" wide to 49'11"
wide
4 ft. 4 ft. N/A
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):
21.38.040 (I)
Lots 40 ft. wide or less 3 ft. 6 ft. (9)
Lots 40'1" wide to 49'11"
wide
4 ft. 6 ft. (9)
Lots 50 ft. wide and greater 8% of the average lot
width (4)
6 ft. (9)
Side (street side):
21.38.040 (I)
Lots 40 ft. wide or less 3 ft. N/A
Lots 40'1" wide to 49'11"
wide
4 ft. N/A
Lots 50 ft. wide and greater 8% of the average lot
width (4)
6 ft. (9)
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. I. 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
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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).
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