HomeMy WebLinkAbout2022-17 - Code Amendment Related Implementation of Senate Bill 9 (PA2021-277)ORDINANCE NO. 2022-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
19 (SUBDIVISIONS) AND TITLE 20 (PLANNING AND
ZONING) OF THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO SENATE BILL 9 HOUSING
DEVELOPMENTS AND URBAN LOT SPLITS (PA2021-
277)
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, on September 16, 2021, Governor Gavin Newsom signed Senate Bill
9 ("SB 9") into law, which among other things, allows for the ministerial approval of urban
lot splits and the construction of two units on each single-family residential lot;
WHEREAS, the City does not have development standards or procedural
standards in Titles 19 (Subdivisions) and 20 (Planning and Zoning) of the Newport Beach
Municipal Code ("NBMC") related to SB 9 development projects ("SB 9 Housing
Developments") or urban lot splits ("Urban Lot Splits"),
WHEREAS, SB 9 allows local agencies to adopt an ordinance imposing
objective zoning standards, subdivision standards, and development standards that do
not otherwise conflict with State law;
WHEREAS, on November 30, 2021, the City Council adopted Resolution No.
2021-122 to initiate Zoning Code Amendment No. CA2022-007 to implement SB 9;
WHEREAS, a study session was held by the Planning Commission on April 21,
2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the study session was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act"). Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at the meeting;
Ordinance No. 2022-17
Page 2 of 4
WHEREAS, the Planning Commission opened the public hearing on May 12,
2022 and continued the hearing to May 26, 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 Ralph M. Brown Act and Chapter
20.66 (Amendments) of the NBMC;
WHEREAS, at the continued public hearing, evidence, both written and oral, was
presented to, and considered by, the Planning Commission;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2022-012 (6 ayes, 0 nays, 1 absent) recommending
approval of Zoning Code Amendment No. CA2022-007 to the City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on July
12, 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 Ralph M. Brown Act and Chapter 20.66 (Amendments) 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 ordains as
follows:
Section 1: The City Council does hereby approve Zoning Code Amendment
No. CA2022-007 related to SB 9 Housing Developments and Urban Lot Splits as set
forth in Exhibit 'A" which is attached hereto and incorporated herein by reference.
Section 2: As permitted by California Government Code Section 65852.21, the
City Council finds that maintaining unobstructed rear alley setbacks is essential to
preserve vehicular maneuverability for residents, fire and life safety personnel traveling
through the City's narrow alleyways.
Section 3: The City Council finds that consistent with limitations of the Housing
Crisis Act of 2019, specifically Government Code Section 66300(b)(a)(A), Zoning Code
Amendment No. CA2022-007 does not affect, change, or otherwise lessen the intensity
of land use below what was allowed for single-family development on these applicable
lots than what was in effect on January 1, 2018. Rather, Zoning Code Amendment No.
CA2022-007 provides additional and alternative development allowances for SB 9
Housing Developments and Urban Lot Splits that were not previously allowed.
Ordinance No. 2022-17
Page 3 of 4
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to California Government Code Sections 65852.210) and 66411.7(n), which states the
adoption of an ordinance by a city or county implementing the provisions of Government
Code Sections 66411.7 and 65852.21 regulating Urban Lot Splits and SIB 9 Housing
Developments is statutorily exempt from the requirements of CEQA. Therefore, Zoning
Code Amendment No. CA2022-007 is statutorily exempt from CEQA in that the
proposed ordinance implements the new laws enacted by SIB 9. Additionally, Zoning
Code Amendment No. CA2022-007 is categorically exempt from CEQA under Sections
15303 and 15315 of the California Code of Regulations as set forth in Title 14, Division
6, Chapter 3 ("CEQA Guidelines") which categorically exempts the construction of a
second dwelling unit in a residential zone and the division of property in urbanized areas
zoned for residential use into four or fewer parcels. Sections 15303 and 15315 of the
CEQA Guidelines apply here in that Zoning Code Amendment No. CA2022-007
regulates the construction of two dwelling units on a lot or the subdivision of a lot to
create an additional unit. Moreover, none of the "exceptions" to the use of the Class 3
exemption, set forth in CEQA Guidelines Section 15300.2 apply here. Specifically,
Zoning Code Amendment No. CA2022-007 will (1) not result in a potentially significant
cumulative impact, in that it is limited to single -unit residential properties; (2) not result in
a reasonable possibility that the activity will have a significant effect on the environment
due to unusual circumstances; (3) not result in damage to scenic resources, including
but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within
a highway officially designated as a state scenic highway, in that no residential property
is located adjacent to a state scenic highway; (4) not be located on a hazardous waste
site included on any list compiled pursuant to Section 65962.5 of the Government Code,
in that no applicable property is located on a hazardous waste site; or (5) not result in a
substantial adverse change in the significance of a historical resource.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 6: 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.
Ordinance No. 2022-17
Page 4 of 4
Section 7: 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.
Section 8: 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 was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of July, 2022, and adopted on the 26th day of
July, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon Mayor Pro Tern Blom Council Member Brenner
Council Member Dixon Council Member Duffield Council Member
O'Neill
NAYS:
ABSENT: Council Member Avert/
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
.,.� C
AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A — Zoning Code Amendment No. CA2022-007
Exhibit "A"
Zoning Code Amendment No. CA2022-007
Section 1: Section 19.12.010 (Tentative Map Review Authority) of Chapter
19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended
to read as follows:
19.12.010 Tentative Map Review Authority.
The Planning Commission shall have the authority to approve, conditionally approve, or
deny tentative tract maps and tentative parcel maps referred by the Zoning Administrator
to the Planning Commission for review. The Zoning Administrator shall have the authority
to approve, conditionally approve, or deny tentative parcel maps. Appeals or calls for
review from actions of the above reviewing bodies shall be processed in accordance with
Sections 19.12.050 and 19.12.060, respectively. The Zoning Administrator shall have the
authority to approve, conditionally approve, or deny tentative parcel maps for urban lot
splits in accordance with Chapter 19.90 (Parcel Maps for Urban Lot Splits). Tentative
parcel maps for urban lot splits may be denied in accordance with Subsection
19.90.020(F) (Findings for Denial).
Section 2: Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter
19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the NBMC is hereby amended
to read as follows:
19.12.060 Review of Tentative Parcel Maps.
A. Review by Zoning Administrator.
1. Authority. Tentative parcel maps shall be reviewed and approved, conditionally
approved or denied by the Zoning Administrator unless the Zoning Administrator
determines that the public interest would be better served by review by the
Planning Commission. In such a case, the tentative parcel map shall be reviewed
in the same manner as tentative tract maps as set forth in Section 19.12.050.
Notwithstanding the foregoing, the Zoning Administrator shall not refer a
tentative parcel map for an urban lot split to the Planning Commission.
2. Procedures. The provisions for tentative tract maps set forth in
Sections 19.12.050(B) through (H) and (J), regarding staff reports, public
hearings, time limits, required findings, approval by inaction, and indemnification
shall apply to tentative parcel maps.
Exhibit A
ZCA No. CA2022-007
Page 2 of 20
3. Finality of Decision. Decisions by the Zoning Administrator shall become final
ten (10) days after the action unless appealed within the time limits specified in
subsection (B) of this section.
4. Review of Tentative Parcel Maps for Urban Lot Splits. Tentative parcel maps for
urban lot splits shall be reviewed and approved, conditionally approved, or
denied by the Zoning Administrator pursuant to the provisions exclusively set
forth in Chapter 19.90 (Parcel Maps for Urban Lot Splits).
B. Appeal or Call for Review of Zoning Administrator Action.
1. Initiation of Appeal or Call for Review. With the exception of a tentative parcel
map for an urban lot split, any interested person may appeal any action of the
Zoning Administrator regarding a tentative parcel map to the Planning
Commission or any action of the Planning Commission regarding a tentative
parcel map to the City Council. Only an applicant can appeal an action by the
Zoning Administrator or the Planning Commission on a tentative parcel map for
an urban lot split. With the exception of a tentative parcel map for an urban lot
split, calls for review of any action of the Zoning Administrator regarding a
tentative parcel map may be initiated by a member of the Planning Commission
to the Planning Commission, in the member's official capacity, if the sole purpose
for the call for review is to bring the matter in front of the entire body for review.
With the exception of a tentative parcel map for an urban lot split, calls for review
of any action of the Planning Commission regarding a tentative parcel map may
be initiated by a member of the City Council to the City Council, in the member's
official capacity, if the sole purpose for the call for review is to bring the matter in
front of the entire body for review. In accordance with Government Code
Section 66463.5, or any successor statute, an appeal of a denial of a tentative
parcel map extension shall be heard by the City Council.
Exhibit A
ZCA No. CA2022-007
Page 3 of 20
2. Time Limits for Filing. Appeals or calls for review to the Planning Commission
shall be filed with the Director within ten (10) days after the action of the Zoning
Administrator on a form provided by the Director. Appeals or calls for review to
the City Council shall be filed with the City Clerk within ten (10) days after the
action of the Planning Commission on a form provided by the City Clerk. An
appeal of a denial of a tentative parcel map extension shall be filed with the City
Clerk and heard by City Council in accordance with Government Code
Section 66463.5, or any successor statute. The time limit for filing appeals on
denials of a tentative parcel map extension shall be fifteen (15) days after the
action of the Zoning Administrator. Upon the filing of an appeal or call for review,
the original decision shall be stayed and the matter shall be set for public
hearing.
3. Fees. Any appeal filed by an interested person shall be accompanied by a fee
set by resolution of the City Council. A call for review is exempt from the payment
of a filing fee under Section 3.36.030, or any successor provision.
C. Further Appeal or Call for Review. Any action by the Planning Commission, when
acting as the Appeal Board, or any decision affirmed by the City Clerk due to Planning
Commission inaction within the specified time limits in Sections 19.12.050(D) and (E)
may in turn be appealed or called for review in accordance with the procedures and
time limits set forth in Section 19.12.050.
Section 3: Chapter 19.90 (Parcel Maps for Urban Lot Splits) of Title 19
(Subdivisions) of the NBMC is hereby added in its entirety to read as follows:
Exhibit A
ZCA No. CA2022-007
Page 4 of 20
Chapter 19.90
Parcel Maps for Urban Lot Splits
Sections:
19.90.010 Purpose and Scope.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
19.90.030 Design and Improvement Requirements.
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
19.90.050 Prohibition of Further Subdivision.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
19.90.070 Expiration and Extension of Tentative Parcel Maps for Urban Lot
Splits.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
19.90.010 Purpose and Scope.
This Chapter serves to implement Government Code Section 66411.7 to provide an
owner an alternative method to subdivide a lot for residential development. For purposes
of this Chapter, "urban lot split" means the subdivision of an existing legal lot to create
one (1) additional lot in R-A and R-1 zoning districts or areas designated for single -unit
residential within a planned community development plan or specific single-family
residential use zone.
19.90.020 Application and Review of Tentative Parcel Maps for Urban Lot Splits.
A. Filing. An application for a tentative parcel map for an urban lot split shall be filed with
the Community Development Department by a record owner or owners of the
property to be divided or their authorized agents. The required number of copies of
the map shall be established by the Community Development Director through an
application form.
B. Application Fee. The application shall be accompanied by the required application
fee(s), as established by resolution of the City Council. Such fees shall be in
accordance with Section 66451.2 of the Subdivision Map Act and shall not exceed
the amount reasonably required to administer provisions of this title.
Exhibit A
ZCA No. CA2022-007
Page 5 of 20
C. Form and Content. A tentative parcel map for an urban lot split shall be prepared by
a licensed surveyor or civil engineer registered in the State of California in
accordance with the Subdivision Map Act and this Code. Maps shall meet the
requirements in Subsection (D) and shall be accompanied by other reports, exhibits,
information and materials as required by the Community Development Director. The
Community Development Director shall provide application forms and a list of
required tentative map information on request.
D. Supplemental Information. In addition to the items identified in (C) of this section, the
following supplemental information shall be submitted with a tentative parcel map
application to establish compliance with the construction plans and all provisions of
this Code and applicable state law:
1. A map of appropriate size and to scale showing all the following:
a. Total area (in acreage and square feet) of each proposed lot;
b. Zoning District and General Plan Land Use Category;
c. The location and use of all existing and proposed structures;
d. All required zoning setbacks for the existing and proposed lots;
e. The location of all existing water, sewer, electricity, storm drain, or gas
service lines, pipes, systems, or easements,
f. The location of all proposed new water, sewer, electricity, storm drain, lines,
pipes, or systems;
g. The location of any proposed easements for access or public utilities to
serve a lot created by the subdivision;
h. Curb, gutter, sidewalk, parkway, and street trees: type, location, and
dimensions;
i. Location of existing or proposed driveway dimensions, materials, and slope
(including cross slope); and
j. Location of existing or proposed pedestrian pathway access to the public
right of way.
2. A statement of the owner, signed under penalty of perjury under the laws of
California, that:
a. The proposed urban lot split would not require or authorize demolition or
alteration of any of the following types of housing:
i. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income,
ii. Housing that is subject to any form of rent or price control through a
public entity's valid exercise of its police power;
Exhibit A
ZCA No. CA2022-007
Page 6 of 20
b. A lot or lots on which an owner of residential real property has exercised the
owner's rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the Government Code to withdraw accommodations
from rent or lease within fifteen (15) years prior to the date that the
development proponent submits an application;
c. Housing that has been occupied by a tenant in the last three (3) years;
d. The lot has not been established through prior exercise of an urban lot split
under this Chapter;
e. Neither the owner of the lot being subdivided nor any person acting in
concert with the owner has previously subdivided an adjacent lot under the
provisions of this Chapter;
f. The owner intends to occupy one (1) of the housing units located on a lot
created by the parcel map as their principal residence for a minimum of
three (3) years from the date of the recording of the final parcel map;
g. Rental terms of any unit created by the subdivision shall not be rented for a
period of less than thirty (30) days; and
h. The uses allowed on a lot created by the parcel map shall be limited to
residential uses.
E. Review Authority and Approval. If the Zoning Administrator determines, after
consultation with the City Engineer, that a tentative parcel map for an urban lot split
meets all requirements of this Chapter and Section 20.48.205(B) (Permit and Review
Procedures), the Zoning Administrator shall approve the tentative parcel map. This
action is a ministerial action in compliance with the provisions of this Chapter only.
The findings under Section 19.12.070 (Required Findings for Action on Tentative
Maps) do not apply.
F. Findings for Denial. The Zoning Administrator shall deny any application for a
tentative parcel map for urban lot split if the Zoning Administrator make written
finding(s), based upon a preponderance of the evidence, that it would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision (d) of
Government Code Section 65589.5, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact.
19.90.030 Design and Improvement Requirements.
The lot design and development standards set forth in Section 20.48.205(B)(5) (Additional
Standards for Urban Lot Splits) shall apply to urban lot splits.
Exhibit A
ZCA No. CA2022-007
Page 7 of 20
19.90.040 Concurrent Processing with Other Ministerial Permits for Housing
Development.
A. No development, including grading, shall commence on either lot, concurrent or
subsequent to an urban lot split, unless it is approved with a valid building permit for
the construction of a housing development that complies with all the objective
development and design standards in Sections 20.48.200 (Accessory Dwelling Units)
and 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts), or any other adopted objective design standards in
effect at the time a complete application is submitted.
B. A building permit for development of an urban lot split cannot be issued until the
parcel map is recorded.
19.90.050 Prohibition of Further Subdivision.
A lot created by a parcel map under this Chapter shall not be further subdivided.
19.90.060 Amendments to Approved Tentative Parcel Maps for Urban Lot Splits.
An amendment to an approved tentative parcel map for an urban lot split shall be
processed in accordance with Section 19.12.090 (Amendments to Approved Tentative
Maps).
19.90.070 Expiration and Extension of Tentative Parcel Map for Urban Lot Splits.
Chapter 19.16 (Tentative Map Expiration and Extension) shall apply in the case of the
expiration or extension of a tentative parcel map for an urban lot split.
19.90.080 Final Parcel Map Filing and Review for Urban Lot Splits.
Chapter 19.56 (Final Map Filing) and Chapter 19.60 (Final Map Review) shall apply to the
filing and review of a final parcel map for an urban lot split.
Section 4: Subsection (D)(2) of Section 20.12.020 (Rules of Interpretation) of
Chapter 20.12 (Interpretation of Zoning Code Provisions) of Title 20 (Planning and
Zoning) of the NBMC is amended to read as follows:
Exhibit A
ZCA No. CA2022-007
Page 8 of 20
2. Agreements, Planned Communities, or Specific Plans. If conflicts occur between the
requirements of this Zoning Code and standards adopted as part of a planned community
development plan, development agreement, specific plan, or annexation agreement, the
requirements of the planned community development plan, development agreement,
specific plan, or annexation agreement shall prevail unless otherwise provided in the
planned community development plan, development agreement, specific plan, or
annexation agreement. Notwithstanding the foregoing, if a conflict occurs between the
standards adopted as part of a planned community development plan and an application
for a tentative parcel map for an urban lot split that meets all of the requirements of
Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot
Splits), then Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in
Single Unit Residential Zoning Districts) and Chapter 19.90 (Tentative Parcel Maps for
Urban Lot Splits) shall apply.
Section 5: The rows entitled "SB 9 Housing Developments" and "Urban Lots
Splits" are hereby added to Table 2-1 (Allowed Uses and Permit Requirements) of Section
20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of Chapter
20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning
and Zoning) of the NBMC as follows:
Exhibit A
ZCA No. CA2022-007
Page 9 of 20
Residential Zoning Districts
Permit Requirements *
P
Permitted by Right
TABLE 2-1
CUP
Conditional Use Permit (Section 20.62.020)
ALLOWED USES AND PERMIT
CUP-HO
Conditional Use Permit in Residential Zoning
REQUIREMENTS
Districts (Section 20.52.030)
MUP
Minor Use Permit (Section 20.52.020)
LTP
Limited Term Permit (Section 20.52.040)
—
Not Allowed
Land Use
See Part 7 of this title for land use
Specific
definitions.
R-BI
RM
Use
See Chapter 20.12 for unlisted uses.
R-A
R-1**
R-2
RMD
Regulations
Residential Uses
SB 9 Housing Developments
P
P
—
—
Section
20.48.205
Urban Lot Splits
P
P
—
—
Chapter
19.90 and
Section
20.48.205
Section 6: Footnote 2 of Table 2-2 (Development Standards for Single -Unit
Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of Chapter 20.18 (Residential Zoning Districts) of Title 20
(Planning and Zoning) of the NBMC is hereby amended to read as follows:
(2) Lots may be subdivided so that the resulting lot area and dimensions for each new
lot are less than that identified in this table in compliance with the provisions of Title 19
(Subdivisions). The minimum lot size shall not be less than the original underlying lots on
the same block face and in the same zoning district. Lot width and length may vary
according to the width and depth of the original underlying lots. With the exception of
tentative parcel maps for urban lot splits that meet the requirements of Section 20.48.205
(SB 9 Housing Developments and Urban Lot Splits in Single -Unit Residential Zoning
Districts) and Chapter 19.90 (Tentative Parcel Maps for Urban Lot Splits), new
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
Exhibit A
ZCA No. CA2022-007
Page 10 of 20
Section 7: Section 20.48.205 (SB 9 Housing Developments and Urban Lot
Splits in Single -Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific
Land Uses) of Title 20 (Planning and Zoning) of the NBMC is hereby added to read as
follows:
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single -Unit
Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and
urban lot splits as required pursuant to California Government Code Sections 65852.21
and 66411.7, or any successor statute. This section shall sunset automatically without
action of the City in the event California Government Code Sections 65852.21 and
66411.7 are repealed or no longer mandated by State law.
A. Zoning Districts and Planned Communities. SB 9 housing developments and urban
lot splits shall be allowed in the R-A and R-1 zoning districts or areas designated for
single -unit residential within a planned community development plan or specific plan.
B. Permit and Review Procedures.
1. SB 9 Housing Developments. An applicant for an SB 9 housing development shall
obtain a zoning clearance in the form of an approval letter issued by the Director.
2. Urban Lot Split. An applicant for an urban lot split shall obtain a parcel map that
meets the requirements set forth in Chapter 19.90 (Parcel Maps for Urban Lot
Splits) and the applicable requirements set forth in this section.
3. Review Criteria. An SB 9 housing development or urban lot split is prohibited if
any of the following conditions exist:
a. Noncompliance. The property does not conform to the development
standards and requirements as provided in this section.
b. Demolition or Alteration of Certain Types of Housing Units. The
development requires the demolition or alteration of the following types of
housing:
i. Dwelling unit that is subject to a recorded covenant, ordinance, or law
that restricts rents to levels affordable to very low-, low-, or moderate -
income households;
ii. Dwelling unit that is subject to any form of rent or price control; or
Exhibit A
ZCA No. CA2022-007
Page 11 of 20
iii. Dwelling unit that has been occupied by a tenant in the last three (3)
years. The applicant and property owner of the development must
provide a sworn statement confirming the prior occupancy of the
dwelling unit. The City may conduct its own inquiries and investigation
to ascertain the veracity of the sworn statement; and the City may
require additional evidence of the applicant and property owner as
necessary to determine compliance with this requirement.
For purposes of this subsection, alteration of existing structures on lots
occupied by tenants shall mean the development requires modification or
removal of more than 25 percent of the existing exterior walls of any
structure on a lot that has been occupied by a tenant in the last three (3)
years.
c. Ellis Act. The development is located on a lot on which the owner has
exercised rights under the Ellis Act (Government Code Sections 7060-
7060.7) to withdraw accommodations from rent or lease within fifteen (15)
years before the date that the development proponent submits an
application.
d. Historic Resource. The development is located within a historic district or
property included on the State Historic Resources Inventory, as defined in
Section 5020.1 of the California Public Resources Code, or on a lot that is
designated or listed as a City landmark or historic property.
e. Environmental Resource or Hazard. As specified in more detail in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of
Government Code Section 65913.4, the development is located on a lot that
is any of the following:
i. Either prime farmland or farmland of statewide importance,
ii. Wetlands;
iii. Within a very high fire hazard severity zone, unless the development is
designed to comply with Section 9.04.380 (Requirements for Wildland
Urban Interface Fire Areas);
iv. A hazardous waste site, unless the lot has been appropriately cleared
for residential use;
v. Within a delineated earthquake fault zone, unless the development
complies with applicable seismic protection building code standards;
vi. Within a special flood hazard area as mapped by the most recent
adopted Flood Insurance Rate Plan, unless the development is
designed to comply with Chapter 15.50 (Floodplain Management),
vii. Within a regulatory floodway;
Exhibit A
ZCA No. CA2022-007
Page 12 of 20
viii. Lands identified for conservation in an adopted natural resource
protection plan;
ix. Lands that include habitat for protected species; and/or
x. Lands subject to a conservation easement.
f. Coastal Zone. The property is located in the coastal zone, unless Title 21
(Local Coastal Program Implementation Plan) is amended to allow for SIB 9
housing developments and urban lot splits.
g. Additional Exclusions for Urban Lot Splits. The review authority shall deny
an urban lot split if any of the following conditions exist:
i. The lot has been established through a prior urban lot split; or
ii. The owner of the lot being subdivided or a person acting in concert with
the owner has previously subdivided an adjacent lot using an urban lot
split. For the purposes of this subsection, "acting in concert" means
pursuing a shared goal to subdivide adjacent lots pursuant to an
agreement or understanding, whether formal or informal.
4. Standards. Except as modified below, an application for an SIB 9 housing
development or future development on a lot created through an urban lot split
shall conform to all requirements of the underlying R-A or R-1 zoning districts,
planned community standards, specific plan area, any applicable overlay district,
and other applicable objective development standards of this title (Planning and
Zoning), including but not limited to height, setback, site coverage, parking, floor
area limit, and other applicable requirements.
a. Setbacks.
i. No increased setback is required for an existing legally established
structure or for a new dwelling unit that is constructed in the same
dimensions as an existing legally established structure, provided that
the new dwelling unit shall not be greater than 800 square feet.
ii. If it is demonstrated that a required minimum side or rear setback not
abutting an alley would physically preclude the development or
maintenance of at least two (2) 800-square-foot dwelling units on a
single lot, said setbacks may be reduced to the minimum degree
necessary. In no case, however, shall the setbacks be reduced to less
than four (4) feet from a side or rear property line.
b. Parking. A minimum of one (1) garage parking space that meets the
standards set forth in Section 20.40.090 shall be provided for each
additional SIB 9 housing development or urban lot split unless the
development is within:
Exhibit A
ZCA No. CA2022-007
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i. One-half mile walking distance of a high -quality transit corridor, as
defined in subdivision (b) of Section 21155 of the Public Resources
Code;
ii. One-half mile walking distance of a major transit stop, as defined in
Section 21064.3 of the Public Resources Code; or
iii. One block of a car -share vehicle. For purposes of this section, "car -
share vehicle" shall mean part of an established program intended to
remain in effect at a fixed location for at least ten (10) years and
available to the public.
c. Maximum Number of Units Allowed.
i. A maximum of two (2) dwelling units of any kind may be built on a lot
that results from an urban lot split. For purposes of this paragraph, "unit"
means any dwelling unit, including, but not limited to, a primary unit, a
unit created under this section, an accessory dwelling unit, or a junior
accessory dwelling unit.
ii. A lot that is not created by an urban lot split may have a maximum of
four (4) units consisting of single -unit or two -unit dwelling, plus any
accessory dwelling unit and/or junior accessory dwelling unit allowed in
compliance with Section 20.48.200.
d. Unit Size.
i. The dwelling unit shall not exceed eight hundred (800) square feet.
ii. A dwelling unit that was legally constructed prior to the addition of a
second dwelling unit as part of an SB 9 housing development that is
larger than those limits identified in (4)(d)(i) is limited to the existing floor
area at the time of the SB 9 housing development approval. Any
expansion of the existing dwelling unit is prohibited.
iii. A dwelling unit that was legally constructed prior to the addition of a
second dwelling unit as part of an SB 9 housing development and that
is smaller than those limits identified in (4)(d)(i) may be expanded up to
those limits after, or as part of the SB 9 housing development.
e. Building Height.
i. Each dwelling unit within the development shall not exceed one story
and a height of sixteen (16) feet. A dwelling unit that was legally
established prior to the addition of a second dwelling unit as part of a
SB 9 housing development that exceeds one story or sixteen (16) feet
in height may be retained but shall not be increased beyond said height.
Exhibit A
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ii. Only in the event the existing site development conditions cannot
accommodate a second 800-square-foot dwelling unit designed
consistent with the standards of the section, an increased height limit of
two -stories and twenty-four (24) feet shall be permitted, subject to the
following:
1. No exterior stairway to a second story shall be located on any front
or side building frontage facing a street.
2. No exterior stairway to a second story shall be located in a required
front or side yard setback area, or a rear yard setback area abutting
an alley.
3. New second -story floor area shall be stepped back a minimum of
five (5) feet from the first story wall plane on all street facing
elevations.
4. Balconies are prohibited when facing interior side yards and rear
yards abutting neighboring property.
f. Design.
i. Each proposed dwelling unit shall match the existing dwelling unit in
materials, color and architectural style.
ii. Roof decks are prohibited.
iii. The roof pitch/slope and roof style (e.g., hip, gable, mansard, dutch
gable, flat, etc.) of the proposed dwelling unit must be the same as the
existing dwelling.
g. Utility Connections. Each dwelling unit shall provide separate connections
to public utilities (or their equivalent), including water, electric, and sewer
services.
h. Short -Term Lodging. Any dwelling unit permitted pursuant to an SB 9
housing development or urban lot split shall not be rented for periods of less
than thirty (30) days.
i. Nonconforming Conditions. All nonconforming structures, uses or parking
on a lot where an SB 9 housing development is proposed shall be brought
into compliance with the development standards of this Zoning Code.
j. Owner -Occupancy. For SB 9 housing developments not located on a lot
created by an urban lot split, a natural person with legal or equitable title to
the lot must reside in either the primary dwelling unit or the second SB 9
housing development as the person's legal domicile and permanent
residence.
Exhibit A
ZCA No. CA2022-007
Page 15 of 20
k. No Separate Conveyance within a Resulting Lot. Dwelling units within a
SB 9 housing development may be rented, but no dwelling units, including
accessory dwelling units or junior accessory dwelling units, may be sold or
otherwise conveyed separately from the lot. Additionally, condominium
airspace divisions and common interest developments are not permitted
within the lot and all fee interest in a lot and all dwelling units on the lot
must be held equally and undivided by all individual property owners.
I. Affordability Restrictions. Excluding accessory dwelling units, the second
primary unit within the SB 9 housing development shall be restricted to
occupancy by very low- or low-income households for a 30-year period.
m. Findings for Denial of an SB 9 Housing Development. Notwithstanding the
foregoing, the City may deny an application for an SB 9 housing
development if the Director makes written finding(s), based upon a
preponderance of the evidence, that the development would have a
specific, adverse impact, as defined and determined in paragraph (2) of
subdivision (d) of Government Code Section 65589.5, upon the public
health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
5. Additional Standards for Urban Lot Splits. In addition to the requirements set
forth in Title 19 (Subdivisions), an application for an urban lot split shall conform
to all requirements of the underlying R-A or R-1 zoning district or single -unit
residential property within a planned community or specific plan, and any
applicable overlay district including but not limited to objective design criteria
related to lot dimensions, subdivision design, and park dedications and fees.
a. Lot Design.
i. Minimum Lot Area. The urban lot split shall result in two (2) lots with a
minimum lot area of one thousand two hundred (1,200) square feet
each.
ii. Lot Area Proportionality. The urban lot split shall result in two (2) lots of
approximately equal lot area but in no case less than forty (40) percent
of the lot area of the original lot.
b. Lot Lines.
i. Proposed lot lines shall be straight lines unless existing improvements
or the physical characteristics of the lot prohibit straight lot lines.
ii. Proposed interior lot lines not facing the street shall be at right angles
perpendicular to the street on straight streets, or radial to the street on
curved streets.
Exhibit A
ZCA No. CA2022-007
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iii. Proposed lot lines shall not render an existing structure as
nonconforming in any respect (e.g., setbacks, open volume areas, floor
area limitations, parking, etc.), nor increase the nonconformity of an
existing nonconforming structure.
c. Access.
i. Each newly created lot shall have access to, provide access to, or
adjoin a public right-of-way.
ii. Arterials and Collector Roads. For lots that currently maintain access
from a local street, each newly created lot shall be designed such that
access to on -site parking spaces is provided from the local street.
Vehicular access from an arterial or collector road is prohibited.
iii. Driveways. Driveways shall be designed and constructed in accordance
with City Design Criteria and Council Policy on driveway approaches,
except as modified below:
1. Shared Driveways. Each newly created lot shall be designed such
that access to on -site parking spaces is provided by a shared
driveway approach through the recordation of a vehicular access
easement across one (1) lot;
2. Exception to Shared Driveway Approach. When alley access is
provided to one (1) resulting new lot, separate access through the
side yard setback area of a corner lot is permissible when access
by the abutting street would not result in the loss of existing on -
street parking spaces or prevent the creation of new on -street
parking spaces by the closure of existing curb cuts. There shall be
no new vehicular access driveway approach through a required
front setback area.
iv. Alley Access. Except as allowed by (5)(b)(iii)(2), for an existing lot that
abuts an alley, each newly created lot shall be designed such that
access to on -site parking spaces is accessed from the alley. The
recordation of a vehicular access easement across one (1) lot is
acceptable.
v. Vehicular Access Width.
1. Vehicular Access Easements. An easement providing a vehicular
access driveway measuring no less than twelve (12) feet in width
shall be provided.
2. Flag Lots. A narrow accessway portion of a flag lot shall measure
no less than eighteen (18) feet in width to accommodate a driveway
approach.
Exhibit A
ZCA No. CA2022-007
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d. Easements. The owner shall provide easements to the City related to the
provision of public services and facilities as determined to be necessary by
the City.
e. Utilities and Drainage. Each lot must be served by a separate water service
meter and a separate sewer connection. In addition, each lot shall drain to
the street, alley, or public storm drain.
f. Limitation on Conditions of Approval. The City may not require dedication
of rights -of -way, off -site improvements, or correction of nonconforming
zoning conditions as a condition of approval of a parcel map for an urban
lot split.
g. Owner -Occupancy. The owner of the lot proposed for an urban lot split shall
comply with the requirements provided herein and sign an affidavit stating
that the owner intends to occupy one (1) of the housing units as their
principal residence for a minimum of three (3) years from the date of the
final, recorded parcel map for the urban lot split, unless the applicant is a
community land trust, as defined in clause (ii) of subparagraph (C) of
paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and
Taxation Code, or is a qualified nonprofit corporation as described in
Section 214.15 of the Revenue and Taxation Code.
h. Separate Conveyance of Resulting Lots.
i. Separate conveyance of the resulting lot is permitted.
ii. If dwellings or other structures (such as garages) on different lots are
adjacent or attached to each other, the urban lot split boundary may
separate them for conveyance purposes if the structures meet building
code safety standards and are sufficient to allow separate conveyance.
If any attached structures span or will span the new lot line, or if the two
(2) lots share a driveway pursuant to subsection (13)(5)(c)(iii)(1),
appropriate covenants, easements or similar documentation allocating
legal and financial rights and responsibilities between the owners of the
two (2) lots ("CC&Rs") for construction, reconstruction, use,
maintenance, and improvement of the attached structures and any
related shared drive aisles, parking areas, or other portions of the lot
must be recorded before the City will approve a final parcel map for the
urban lot split. Notwithstanding the provision of such CC&Rs, where
attached structures and/or related shared facilities span a lot line
resulting from an urban lot split, all owners of both lots shall be jointly
and severally responsible for the use and maintenance of such
structures and/or shared facilities in compliance with all provisions of
Exhibit A
ZCA No. CA2022-007
Page 18 of 20
this Code.
i. Park Dedication Fee. An in -lieu park dedication fee shall be paid in
compliance with Chapter 19.52 (Park Dedications and Fees) for each new
dwelling unit.
6. Deed Restriction and Recordation Required. Prior to the issuance of a building
permit for a dwelling within an SIB 9 housing development or the recordation of
a parcel map for an urban lot split, the property owner shall record a deed
restriction with the County Recorder's Office, the form and content of which is
satisfactory to the City Attorney. The deed restriction document shall notify future
owners of the applicable owner occupancy requirements, affordability
restrictions, prohibition on the separate conveyance, the approved size and
attributes of the development, and restrictions on short-term rentals.
Section 8: Footnote 3 of Table 5-1 (Review Authority) of Section 20.50.030
(Multiple Permit Applications) of Chapter 20.50 (Permit Application Filing and Processing)
of Title 20 (Planning and Zoning) of the NBMC is hereby amended to read as follows:
(3) The Director or Zoning Administrator may defer action and refer the request to the
Commission for consideration and final action, unless said zoning clearance is for the
ministerial approval of an SIB 9 housing development pursuant to Section 20.48.205 in
which case the Director is the final review authority.
Section 9: Subsection (E) of Section 20.52.100 (Zoning Clearances) of Chapter
20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the NBMC is
hereby amended to read as follows:
E. Appeal to Commission. The Department's action on a zoning clearance request may
be appealed to the Commission in compliance with Chapter 20.64 (Appeals), unless said
zoning clearance is for the ministerial approval of an SB 9 housing development pursuant
to Section 20.48.205 in which case the Director is the final review authority.
Section 10: The following definitions are hereby added to the alphabetical list of
definitions contained in Section 20.70.020 (Definitions of Specialized Terms and Phrases)
of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning Code) of the NBMC to
read as follows:
Exhibit A
ZCA No. CA2022-007
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"SB 9 Housing Development (Land Use)" means a residential development that contains
two (2) new dwelling units or proposes to add one (1) new dwelling unit on a lot designated
for single-family residential use with one (1) existing dwelling unit, pursuant to California
Government Code Section 65852.21 or any successor statute.
"Urban Lot Splits (Land Use)" means the subdivision of an existing, legally subdivided lot
intended for single-family residential use to create one (1) new additional lot, pursuant to
California Government Code Section 66411.7 or any successor statute.
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. 2022-17 was duly introduced on the 121h day of July, 2022, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 261h day of July, 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 Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
ABSENT: Council Member Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of July, 2022.
s
� Leilani I. Brown, MMC
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. 2022-17 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: July 16, 2022
Adopted Ordinance: July 30, 2022
In witness whereof, I have hereunto subscribed my name this day of August, 2022.
Leilani I. Brown, y MC
City Clerk
City of Newport Beach, California