HomeMy WebLinkAbout2022-82 - 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 UsesRESOLUTION 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;
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;
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.
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.
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.
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
ar n C. Harp
City Attorney
Attachment(s): Exhibit A - Local Coastal Program Amendment No. LC2022-002
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 40'1" wide to 49'11"
4 ft.
4 ft.
N/A
21.38.040 (1)
wide
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.
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).
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.
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 Tem 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.
"M " j ffln I 11rom � I R I � � �
Leilani I. Brown I
City Clerk
Newport Beach, California