HomeMy WebLinkAbout3.0_Nonconforming Code and LCP Amendments_PA2022-076CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 20, 2022
Agenda Item No. 3
SUBJECT: Nonconforming Code and LCP Amendments (PA2022-076)
•Zoning Code Amendment No. CA2022--004
•Local Coastal Program Amendment No. LC2022-002
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Joselyn Perez, Assistant Planner
949-644-3312, jperez@newportbeachca.gov
PROJECT SUMMARY
Proposed amendments to the Newport Beach Municipal Code (NBMC) Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) related to
nonconformities. The amendments include two parts: 1) clarifying development allowances
for residential uses that are nonconforming due to density; and 2) reinstating a side setback
allowance for properties in the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and the RM-
6,000 zoning and coastal zoning districts. The side setback allowance would allow additions
in line with the principal structure regardless of the current minimum side setbacks
standards.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to 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 and 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;
3)Adopt Resolution No. PC2022-026 (Attachment No. PC 1) recommending the City
Council approve Zoning Code Amendment No. CA2022-004; and
4)Adopt Resolution No. PC2022-027 (Attachment No. PC 2) recommending the City
Council approve Local Coastal Program Amendment No. LC2022-002 and
authorize staff to submit Local Coastal Program Amendment No. LC2020-001 to
the California Coastal Commission.
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DISCUSSION
Part 1- Nonconforming Residential Density
Background
Early housing development within the City is characterized by a mixture of single-family,
multi-family, and mixed-use housing near commercial and visitor serving uses. Duplexes,
triplexes, and fourplexes can be found primarily in the older neighborhoods such as West
Newport, the Balboa Peninsula, Balboa Island, and Corona del Mar. Throughout the
years, many blocks have been rezoned to lower residential densities. For example, the
triplex shown below in Figure 1 is now zoned R-2 (Two-Unit Residential), which only
allows a maximum of two units.
Figure 1: Nonconforming triplex on West Balboa Boulevard
Residential properties that have been legally developed with more dwelling units than
allowed under current zoning regulations, such as the residence shown in Figure 1, are
considered a nonconforming use. These properties are subject to the restrictions set forth
in Chapters 20.38 and 21.38 (Nonconforming Uses and Structures) of the Newport Beach
Municipal Code (NBMC). The chapters are intended to encourage nonconforming uses
and structures to become more conforming over time and the codes establish procedures
for the continuation and maintenance of existing uses and structures. The existing code
provisions (20.38.050 and 21.38.050) clearly state that the property owner of a
nonconforming use is able to alter their residence to reduce the total number of dwelling
units to a conforming number; however, the code provisions do not provide clear guidance
regarding other allowances. The provisions do not explicitly allow the property owners to
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make repairs, alterations, or improvements to a nonconforming residential use. Due to
this lack of clarity, some property owners have not made needed investments or have
done so without the benefit of permits.
Redeveloping these nonconforming properties with a compliant density became
infeasible in 2019 with the passage of the Housing Crisis Act of 2019 (SB 330). The law
provides, “[a city] shall not approve a housing development project that will require the
demolition of residential dwelling units unless the project will create at least as many
residential dwelling units as will be demolished.” Although SB 330 was originally set to
sunset on January 1, 2025, it was extended to January 1, 2030, with the passage of SB
8 (Chapter 161, Statutes of 2021).
Proposed Amendment
The proposed amendment will revise NBMC 20.38.050 and 21.38.050 (Nonconforming
Uses) to clarify that residential properties that are nonconforming due to density may be
maintained, altered, or expanded pursuant to the limitations of NBMC Sections 20.38.040
and 21.38.040 (Nonconforming Structures), which generally allow additions of up to 50
percent of the floor area of the existing structure provided the addition complies with
applicable standards. Should the property also be nonconforming due to parking, the
improvements will be subject to NBMC 20.38.060 and 21.38.060 (Nonconforming
Parking), which generally limit additions up to 10 percent of the existing floor area of the
structure. A detailed strikeout/underline draft of the proposed amendments are provided
as Attachment No. PC 5 (Redline Strikeout Version of Amendments).
Part 2- Side Setback Clarification
Background
Prior to the City’s 2010 comprehensive zoning code update, the NBMC contained an
overlay district known as the Combining or “B” District (B Overlay). The B Overlay was
originally introduced in 1950 and set alternative development standards for site area,
setbacks, and lot width requirements. As part of the 2010 code update, the B Overlay
zones were modified and became the R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and
the RM-6,000 zoning districts. The location of these zoning districts is shown in
Attachment No. PC 4 (Former B Overlay Properties).
The B Overlay required either a 6-foot, 7-foot, or 10-foot side setback, as demonstrated
in the table below.
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Table 1: Excerpt from the 1958 Newport Beach Zoning Code
Many of the properties in the B Overlay were permitted and developed under the County
of Orange and were later annexed by the City. For whatever reason, a number of homes
were developed with a smaller side setback than required by the B Overlay.
Due to the inconsistency between the actual side setbacks provided and the minimum
side setbacks required of the B Overlay, the City Council adopted Ordinance No. 1076
on January 13, 1964, authorizing properties located within the B Overlay to construct an
addition to the principal structure at the existing nonconforming side yard setback. Equally
important, the amendment exempted these properties from development restrictions
within the nonconforming code provisions, meaning they were not considered or treated
as a nonconforming property.
This allowance was carried through future iterations of the NBMC. The provision existed
until as recently as 2010, as shown in Figure 2.
Figure 2: Excerpt from pre-2010 Newport Beach Zoning Code
During the 2010 zoning code update, the provision was inadvertently omitted.
Without the provision, an addition to a structure with a nonconforming side setback cannot
be completed in line with the existing residence.
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Figure 3: Example nonconforming R-1-6,000 property with an addition staggered to provide the
required 6-foot setback.
As shown in Figure 3 above, this inward jog in the design of the home creates
unnecessary structural complications and forces inconvenient floor plans. Furthermore,
without the omitted provision, the above property is considered nonconforming and
subject to the restrictions of 20.38.040 (Nonconforming Structures) including limits to the
size of an addition which would otherwise be allowed by the zoning district.
Proposed Amendment
The proposed amendment will reinstate the omitted provision in both Title 20 and Title
21. Property owners will once again be allowed to construct an addition in line with the
existing development rather than requiring the addition to be constructed to the current
side setback requirement. Table 2-2 and Table 2-3 of 20.18.030 (Residential Zoning
Districts General Development Standards) and Table 21.18-2, Table 21.18-3, and Table
21.18-4 of 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) will have a footnote added to the side setback column noting the allowance.
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In order to unencumber these properties from the development restrictions for
nonconforming structures, NBMC 20.38.040 (Nonconforming Structures) subsection (H)
and NBMC 21.38.040 subsection (I) will be amended to clarify that these structures are
exempt from the restrictions of the nonconforming structures section. The proposed
language is available in Attachment No. PC 5 (Redline Strikeout Version of
Amendments).
Only properties where the principal structure was legally developed with a reduced
setback will be affected by this amendment. A nonconforming accessory structure, such
as a detached garage, would not be used to establish a reduced side setback. The
proposed amendment will not modify or reduce the applicability of other development
standards. Additionally, this amendment does not allow a property owner with a reduced
setback to tear down their residence and rebuild at the same reduced setback. Any new
residence will need to comply with the development standards in place at the time of
submittal.
General Plan/Coastal Land Use Plan Consistency
The General Plan and Coastal Land Use Plan contain policies throughout that encourage
providing the appropriate number of dwelling units necessary to support the community.
Allowing alterations to existing nonconforming residential properties will extend the useful
life of the affected dwelling units. This is a reasonable effort to preserve a portion of the
City’s housing stock. Any development proposed as a result of the amendments will need
to otherwise conform with the development standards in place at the time of application.
A summary of General Plan and Coastal Land Use Plan policies that the amendments
implement is provided in the table below:
Table 2- Applicable Polices
General Plan Policies
Housing Policy 2.1 Support all
reasonable efforts to preserve,
maintain, and improve availability
and quality of existing housing and
residential neighborhoods, and
ensure full utilization of existing City
housing resources for as long into
the future as physically and
economically feasible.
Allowing alterations to an existing nonconforming
residential use extends the practical life of the dwelling
unit. Alterations will improve the quality of the housing
unit, creating a desirable dwelling, and improving the
quality of the neighborhood overall. This is both a
reasonable effort to preserve a portion of the City’s
housing stock and help ensure the full utilization of
existing housing.
Land Use Policy 5.1.7 Require that
residential units that are renovated
and rebuilt in existing single-family
neighborhoods adhere to the
principles for new developments.
A proposed addition will need to otherwise conform with
the development standards in place at the time of
application. This includes floor area, lot coverage, height,
and parking. Similarly, when a property owner wishes to
rebuild their residence, the new dwelling will need to be
built in compliance with the requirements in place at the
time of application.
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Land Use Policy 6.2.1
Accommodate a diversity of
residential units that meets the needs
of Newport Beach’s population and
fair share of regional needs in
accordance with the Land Use Plan’s
designations, applicable density
standards, design and development
policies, and the adopted Housing
Element.
Allowing limited improvements to nonconforming
residential uses prevents dilapidation and encourages the
general improvement of the City’s existing housing stock
and supply rather than only encouraging the
redevelopment of properties with a lesser number of units.
Additionally, older housing stocks tends to consist of
smaller units and generally more affordable to a wider
variety of residents.
Coastal Land Use Plan Policies
2.2.5-4 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 amendment to clarify development allowances for
nonconforming residential uses is consistent with the
policy in that it only allows limited improvements to
nonconforming residential uses. The amendment will not
allow increases to the number of dwellings on the property
and will not increase the degree of the nonconforming
density.
2.7-1 Continue 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 amendments do not authorize any new development
that will block coastal access. The amendments only
provide increased opportunities to alter and maintain
existing properties.
2.7-2 Continue the administration of
provisions of State law relative to the
demolition, conversion and
construction of low and moderate-
income dwelling units within the
coastal zone.
Adoption of these amendments will not supersede
Coastal Land Use Plan Policy 2.7-2. The demolition or
conversion of a low- or moderate-income unit within the
Coastal Zone will remain be subject to NBMC 21.34
(Conversion of Demolition of Affordable Housing) and
State law.
Local Coastal Plan Amendments
Amendments to the Local Coastal Plan (LCP) must also be reviewed and approved by
the City Council, with a recommendation from the Planning Commission, prior to
submitting the amendment request to the California Coastal Commission (CCC). CCC
review and approval is required for any proposed amendment to the certified LCP.
The LCP, including the proposed amendments, will be carried out fully in conformity with
the California Coastal Act. The proposal does not authorize a change of use, density, or
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intensity but instead allows alterations to existing structures. These amendments will not
have an impact to public access or views of coastal resources.
Summary
The proposed amendments will allow reinvestment in properties that are developed with
more units than current standards consistent with the Housing Crisis Act of 2019 as
amended. The second component will reinstate a code regulation inadvertently omitted
in 2010.
Alternatives
The Planning Commission may recommend denial of the suggested code amendments.
Should the nonconforming uses amendment be denied, nonconforming residential uses
will be allowed to continue. Should the side setback clarification amendment be denied,
properties built to a reduced setback will continue to be considered nonconforming. Any
addition will need to follow current development standards (including setbacks).
Environmental Review
The code amendment is exempt from the California Environmental Quality Act (“CEQA”)
pursuant to pursuant to 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
amendment would restore the ability for owners of nonconforming residential uses to
improve and alter their property, while assisting the City in maintaining the existing
housing stock. These changes do not have the capability to impact the environment as it
will not increase the number of dwelling units. The code 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.
Public Notice
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available, and a Notice of Availability was distributed on
September 23, 2022, to all persons and agencies on the Notice of Availability mailing list.
In addition, notice of this amendment was published in the Daily Pilot as an eighth-page
advertisement, consistent with the provisions of the Municipal Code and State law. The
item also appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
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Prepared by: Submitted by:
ATTACHMENTS
PC 1 Draft resolution recommending the City Council approve Zoning Code Amendment
No. CA2022-004
PC 2 Draft resolution recommending the City Council approve Local Coastal Program
Amendment No. LC2022-002
PC 3 City Council Resolution No. 2022-29 Initiating Amendments
PC 4 Former B Overlay Properties
PC 5 Redline Strikeout Version of Amendments
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Attachment No. PC 1
Draft resolution recommending the City
Council approve Zoning Code
Amendment No. CA2022-004
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RESOLUTION NO. PC2022-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF ZONING CODE AMENDMENT NO.
CA2022-004 TO AMEND SECTIONS 20.18.030 (RESIDENTIAL
ZONING DISTRICTS GENERAL DEVELOPMENT STANDARDS),
20.38.040 (NONCONFORMING STRUCTURES), AND 20.38.050
(NONCONFORMING USES) OF THE NEWPORT BEACH
MUNICIPAL CODE TO CONFORM WITH STATE LAW AND
CORECT ERRORS RELATED TO SETBACKS (PA2022-076)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. 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 Newport Beach Municipal Code (“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 (“Code Amendment”).
2. Chapter 20.38 (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).
3. Section 20.38.050 of the NBMC authorizes alteration of nonconforming residential uses
with more units than permitted to reduce the number of dwelling units but does not
clearly state the development rights associated with repair and maintenance, alterations,
or expansions.
4. 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.
5. Due to the ambiguity in Section 20.38.050 of the NBMC, a Code 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
20.38.040 (Nonconforming Structures).
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6. 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.
7. 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.
8. During the 2010 Zoning Code Update, the provision was inadvertently omitted. The
Code Amendment is necessary to reinstate the omitted provision and will unencumber
these properties from the restrictions of Section 20.38.040 (Nonconforming Structures)
of the NBMC.
9. 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”) and Chapter 20.62 (Public Hearings) of the NBMC.
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 Code 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, Chapter 3 (“CEQA Guidelines”). The Code 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 Code Amendment does not authorize specific new development and only affects existing
structures. Furthermore, the Code Amendment will not increase the number of dwelling units.
SECTION 3. FINDINGS.
1. Adopting this Code 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 Code Amendment is consistent with General Plan Policy LU6.2.1 (Residential Supply)
as it will allow limited improvements to nonconforming residential uses, resulting in the
maintenance and general improvement of the City’s existing housing stock and supply.
3. The Code Amendment is consistent with the Housing Policy 2.1, by encouraging the
preservation of existing and provision of new housing affordable to extremely low-, very low-
and moderate-income households. Allowing alterations to existing nonconforming units,
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rather than encouraging the demolition and new construction of units, preserves a portion
of the City’s existing housing stock that is generally more affordable.
4. General Plan Policy LU 5.1.7 (Renovation and Replacement of Existing Residential Units)
requires, “that residential units that are renovated and rebuilt in existing single-family
neighborhoods adhere to the principles for new developments”. Any modifications proposed
because of this amendment will need to otherwise conform with the development standards
in place at the time of application. This includes floor area, lot coverage, height, and parking.
Similarly, when a property owner wishes to rebuild their residence, the new dwelling will need
to be built in compliance with the requirements in place at the time of application.
5. Local Coastal Program Amendment No. LC2022-002 is also underway to comply with State
law. The subject Zoning Code Amendment shall not become effective for projects located in
the coastal zone until approval of the subject LCP amendment 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.
6. 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 the Code 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, Chapter 3
(“CEQA Guidelines”). The Code 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.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2022-004 as set forth in Exhibit “A,” which is attached hereto and
incorporated herein by reference.
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PASSED, APPROVED, AND ADOPTED THIS 20TH DAY OF OCTOBER, 2022.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lauren Kleiman, Chair
BY:_________________________
Mark Rosene, Secretary
Attachment: Exhibit A – Zoning Code Amendment No. CA2022-004
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EXHIBIT “A”
Zoning Code Amendment No. CA2022-004
Section 1: The rows entitled “Side [Setbacks]” in Table 2-2 (Development Standards for
Single-Unit Residential Zoning Districts) of Section 20.18.030 (Residential 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 R-1-7,200 R-1-10,000 Additional Requirements
Side (interior, each):
20.30.110
20.48.180
20.38.040 (H)
Lots 40 ft. wide or
less
5 ft. 3 ft. (4) 6 ft. (7) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 ft. (7)
Side (street side):
20.30.110
20.48.180
20.38.040 (H)
Lots 40 ft. wide or
less
5 ft. 3 ft. 6 ft. (7) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 ft. (7)
Section 2: The following footnote for Table 2-2 (Development Standards for Single-Unit
Residential Zoning Districts) of Section 20.18.030 (Residential 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]” in Table 2-3 (Development Standards for
Two-Unit and Multi-Unit Residential Zoning Districts) of Section 20.18.030 (Residential 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): 20.38.040 (H)
Lots 40 ft. wide or less 3 ft. 3 ft. 6 ft. (10)
Lots 40'1" wide to 49'11"
wide
4 ft. 4 ft. 6 ft. (10) 20.38.040 (H)
Lots 50 ft. wide and greater N/A 4 ft. 6 ft. (10)
Side (street side): 20.38.040 (H)
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. (10)
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Development Feature RM RMD RM-6,000 Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less 3 ft. N/A 6 ft. (10) 20.38.040 (H)
Lots 40'1" wide to 49'11"
wide
4 ft. 5 ft. 6 ft. (10)
Lots 50 ft. wide and
greater
8% of the average lot
width (5)
N/A 6 ft. (10)
Side (street side):
5 ft.
Lots 40 ft. wide or less 3 ft. N/A 20.38.040 (H)
Lots 40'1" wide to 49'11"
wide
4 ft. N/A
Lots 50 ft. wide and
greater
8% of the average lot
width (5)
6 ft. (10)
Section 4: The following footnote for Table 2-3 (Development Standards for Two-Unit and
Multi-Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of the NBMC shall be added:
(10) 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: NBMC Section 20.38.040 (Nonconforming Structures) is amended to read as
follows:
20.38.040 Nonconforming Structures.
H. 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.
2. Landmark Structures. Landmark structures shall be exempt from the requirements of this
chapter in compliance with Section 20.38.070 (Landmark Structures).
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3. R-1-6,000, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts. Existing principal
structures within the R-1-6,000, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts,
previously designated within the B Overlay District, with nonconforming side yard setbacks only
are exempt from the limits of this section.
Section 6: NBMC Section 20.38.050 (Nonconforming Uses) 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 Zoning Districts. In nonresidential 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) subject to the approval of a conditional use permit.
2. Residential Zoning Districts. A residential use that is nonconforming because it
exceeds the allowed number of units for the zoning district may be altered in compliance
with the requirements of 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 20.38.060 (Nonconforming Parking).
C. Exception for Landmark Structures. The use of a landmark structure may be changed,
expanded, increased, or intensified without obtaining a conditional use permit required by
this section subject to compliance with the provisions of Section 20.38.070 (Landmark
Structures).
19
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Attachment No. PC 2
Draft resolution recommending the City
Council approve Local Coastal Program
Amendment No. LC2022-002
21
INTENTIONALLY BLANK PAGE22
RESOLUTION 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
23
Planning Commission Resolution No. PC2022-027
Page 2 of 9
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,
24
Planning Commission Resolution No. PC2022-027
Page 3 of 9
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.
25
Planning Commission Resolution No. PC2022-027
Page 4 of 9
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:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Lauren Kleiman, Chair
BY:_________________________
Mark Rosene, Secretary
26
Planning Commission Resolution No. PC2022-027
Page 5 of 9
Attachment: Exhibit A – Local Coastal Program Amendment No. LC2022-002
27
Planning Commission Resolution No. PC2022-027
Page 6 of 9
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 R-1-7,200 R-1-10,000 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) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 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) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 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):
Lots 40 ft. wide or less 3 ft. 3 ft. N/A
28
Planning Commission Resolution No. PC2022-027
Page 7 of 9
Development Feature R-BI R-2 R-2-6,000 Additional Requirements
Lots 40'1" wide to 49'11"
wide
4 ft. 4 ft. N/A
21.38.040 (I)
Lots 50 ft. wide and greater N/A N/A 6 ft. (7)
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.
29
Planning Commission Resolution No. PC2022-027
Page 8 of 9
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
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).
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Planning Commission Resolution No. PC2022-027
Page 9 of 9
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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Attachment No. PC 3
City Council Resolution No. 2022-29
Initiating Amendments
33
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RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 (PLANNING AND ZONING)
AND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO
NONCONFORMING RESIDENTIAL USES AND SETBACK
CLARIFICATIONS IN THE R-1-6,000 ZONING AND
COASTAL ZONING DISTRICTS (PA2022-076)
WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach
Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach
City Council") may initiate an amendment to Title 20 (Planning and Zoning) with or
without a recommendation from the Planning Commission;
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach certified Local Coastal Program
codified in Title 21 (Local Coastal Program Implementation Plan) of the NBMC to be
initiated by the City Council;
WHEREAS, Chapters 20.38 (Nonconforming Uses and Structures) and 21.38
Nonconforming Uses and Structures) of the NBMC distinguish between a nonconforming
lot (e.g., a parcel that was legally subdivided, but does not meet current standards for the
zone in which it is located), nonconforming structure (e.g., a structure that was lawfully
erected, but does not conform to the development standards), and nonconforming use
e.g., the use of a structure or land, which complied with the zoning code at the time of its
establishment, but no longer is a permitted use);
WHEREAS, Sections 20.38.050 (Nonconforming Uses) and 21.38.050
Nonconforming Uses) of the NBMC provide that nonconforming residential uses with
more units than are permitted within the zoning district may be altered to reduce the
number of dwelling units, however, these sections do not articulate the development
rights associated with repair and maintenance, alteration, or expansion of the
nonconforming use;
WHEREAS, redevelopment opportunities are limited for property owners of
nonconforming residential uses in light of Senate Bill 330 which temporarily prohibits the
City from approving a housing development that results in a net loss of residential density
until January 1, 2030;
35
Resolution No. 2022-29
Page 2 of 3
WHEREAS, due to the ambiguity in Sections 20.38.050 (Nonconforming Uses)
and 21.38.050 (Nonconforming Uses) of the NBMC, an amendment is necessary to
clarify that residential properties that are nonconforming due to density may be
maintained, altered, or expanded pursuant to the limitations of Sections 20. 38.040
Nonconforming Structures) and 21.38.040 (Nonconforming Structures) of the NBMC;
and
WHEREAS, the 2010 comprehensive update to Title 20 (Planning and Zoning)
inadvertently omitted a provision that authorized additions to existing dwellings located in
the R-1-6000 ( Single -Unit Residential zoning districts with minimum lot dimensions of
6,000 square feet) ("R-1-6,000"), formerly classified as the R-1-13 Zoning District, to be
constructed to the side setback line in effect at the time the dwelling was constructed
without being subject to nonconforming side setback restrictions.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to
clarify the regulations applicable to residential uses that are nonconforming due to density
and to clarify the side setbacks in the R-1-6,000 zoning and coastal zoning districts.
Section 2: 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 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act ("CEQA"),
pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible
future actions which the agency, board, or commission has not approved or adopted.
36
Resolution No. 2022-29
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopti . g this resolution.
ADOPTED this 10th day of May, 2022.
ATTEST
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Kevin
Mayor
37
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. 2022-29 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10th day of May, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
ABSENT: Mayor Pro Tem Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 11th day of May, 2022.
a-caPC) 0
C
Leilani I. Brown
City Clerk
Newport Beach, California
38
Attachment No. PC 4
Former B Overlay Properties
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PC 4 Former B Overlay Properties
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City of Newport BeachGIS DivisionOctober 11, 2022
Pre 2010 "B' Overlay
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Attachment No. PC 5
Redline Strikeout Version of Amendments
43
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PC 5 Proposed Text Changes
Title 20 (Planning and Zoning)
20.18.030 Residential Zoning Districts General Development Standards.
TABLE 2-2
DEVELOPMENT STANDARDS FOR SINGLE-UNIT RESIDENTIAL ZONING DISTRICTS
Development
Feature R-A R-1 R-1-6,000 R-1-7,200 R-1-10,000 Additional Requirements
Side (interior, each):
20.30.110
20.48.180
20.38.040 (H)
Lots 40 ft. wide or
less
5 ft. 3 ft. (4) 6 ft. (7) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 ft. (7)
Side (street side):
20.30.110
20.48.180
20.38.040 (H)
Lots 40 ft. wide or
less
5 ft. 3 ft. 6 ft. (7) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 ft. (7)
Notes:
(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.
45
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO-UNIT AND MULTI-UNIT RESIDENTIAL ZONING DISTRICTS
Development Feature R-BI R-2 R-2-6,000 Additional Requirements
Side (interior, each): 20.38.040 (H)
Lots 40 ft. wide or less 3 ft. 3 ft. 6 ft. (10)
Lots 40'1" wide to 49'11" wide 4 ft. 4 ft. 6 ft. (10) 20.38.040 (H)
Lots 50 ft. wide and greater N/A 4 ft. 6 ft. (10)
Side (street side): 20.38.040 (H)
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. (10)
TABLE 2-3
DEVELOPMENT STANDARDS FOR TWO-UNIT AND MULTI-UNIT RESIDENTIAL ZONING DISTRICTS
(Continued)
Development Feature RM RMD RM-6,000 Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less 3 ft. N/A 6 ft. (10) 20.38.040 (H)
Lots 40'1" wide to 49'11"
wide
4 ft. 5 ft. 6 ft. (10)
Lots 50 ft. wide and greater 8% of the average lot width
(5)
N/A 6 ft. (10)
Side (street side):
5 ft.
Lots 40 ft. wide or less 3 ft. N/A 20.38.040 (H)
Lots 40'1" wide to 49'11"
wide
4 ft. N/A
Lots 50 ft. wide and greater 8% of the average lot width
(5)
6 ft. (10)
Notes:
46
(10) 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.
20.38.040 Nonconforming Structures.
H. 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.
2. Landmark Structures. Landmark structures shall be exempt from the requirements
of this chapter in compliance with Section 20.38.070 (Landmark Structures).
3. R-1-6,000, R-1-10,000, R-2-6,000, and RM-6,000 Zoning Districts. Existing
principal structures that are nonconforming only because side yard setback
requirements have been amended subsequent to the original construction shall be
exempt from the limits of this section.
20.38.050 Nonconforming Uses.
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 Zoning Districts. In nonresidential 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) subject to the approval of a
conditional use permit.
2. Residential Zoning Districts. A residential use that is nonconforming because it
exceeds the allowed number of units for the zoning district may be altered in
compliance with the requirements of 20.38.040 (Nonconforming Structures).
B. Change of Use.
1. 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 20.38.060 (Nonconforming Parking).
47
2. A residential use that is nonconforming because it exceeds the allowed number of
units for the zoning district may be altered to reduce the number of dwelling units,
provided the reduction complies with any floor area limit and the provisions of
Chapter 20.34 (Conversion or Demolition of Affordable Housing) are satisfied.
C. Exception for Landmark Structures. The use of a landmark structure may be
changed, expanded, increased, or intensified without obtaining a conditional use
permit required by this section subject to compliance with the provisions of Section
20.38.070 (Landmark Structures).
48
Title 21 (Local Coastal Program Implementation Plan)
21.18.030 Residential Coastal Zoning Districts General Development Standards.
TABLE 21.18-2
DEVELOPMENT STANDARDS FOR SINGLE-UNIT RESIDENTIAL COASTAL ZONING DISTRICTS
Development
Feature R-A R-1 R-1-6,000 R-1-7,200 R-1-10,000 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) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 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) 5 ft. 10 ft. (7)
Lots wider than 40 ft. 5 ft. 4 ft. 6 ft. (7) 5 ft. 10 ft. (7)
(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.
TABLE 21.18-3
DEVELOPMENT STANDARDS FOR TWO-UNIT RESIDENTIALCOASTAL ZONING DISTRICTS
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):
Lots 40 ft. wide or less 3 ft. 3 ft. N/A
49
Development Feature R-BI R-2 R-2-6,000 Additional Requirements
Lots 40'1" wide to 49'11"
wide
4 ft. 4 ft. N/A 21.38.040 (I)
Lots 50 ft. wide and greater N/A N/A 6 ft. (7)
(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.
TABLE 21.18-4
DEVELOPMENT STANDARDS FOR MULTI-UNIT RESIDENTIALCOASTAL ZONING DISTRICTS
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)
(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.
21.38.040 Nonconforming Structures.
50
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 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 that are nonconforming only because side yard setback requirements have been
amended subsequent to the original construction shall be exempt from the limits of this
section.
21.38.050 Nonconforming Uses.
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 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 20.38.040 (Nonconforming Structures).
B. Change of Use.
1. 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).
2. A residential use that is nonconforming because it exceeds the allowed number of
units for the zoning district may be altered to reduce the number of dwelling units,
51
provided the reduction complies with any floor area limit and the provisions of
Chapter 20.34 (Conversion or Demolition of Affordable Housing) are satisfied.
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).
52
From:Mark Azzarito
To:Planning Commissioners
Subject:tomorrows planning meeting
Date:October 19, 2022 5:40:59 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please support item number 3 during tomorrows planning commission meeting
Mark Azzarito
949.734.4239 | Office714.328.1772 | Direct
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This electronic message transmission, and all attachments, contains information from CNM Marketing Inc., which is confidential and
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transmission in error, please notify the sender immediately by a "reply to sender only" message and destroy all electronic and hard
copies of the communication, including attachments.
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Ty M
To:Planning Commissioners
Subject:Agenda item 3 10/20/2022
Date:October 19, 2022 5:57:03 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear Planning Commissioners,
I am writing to respectfully ask for your support of item number 3 on tomorrow nights agenda.
I live in Dover Shores and my home is unfortunately negatively encumbered by current rules. My home has a 5 foot
side setback which makes my home non-conforming. If I want to add on I need to spend tens of thousands of extra
dollars to move a wall over 1 foot that I don’t even want to move.
I have a growing family and would love to add on to my home and improve the appearance of my 1950’s era home.
Item 3 would allow me to afford badly needed improvements and additions.
Please support item #3.
Thank you for your time
Tyler Miller
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Cara Weichman
To:Planning Commissioners
Subject:Agenda Item 3
Date:October 19, 2022 5:58:50 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hello,
Please support item 3.
We are midstream on a large remodel and the setback issues and unnecessary structural components required to
“jog” our addition (and later the city insisting we remove our existing load-bearing, non-conforming wall—that was
not initially to be touched—to adjust it to 6’ to satisfy code) cost us well into six figures on unexpected additional
plan and construction dollars. This is particularly because the guidance given to us from building and planning on
the issue was misleading and changed midway through the project to “match what code says.”
Please correct the code. We support agenda item 3 and feel the commissioners should as well.
No other resident seeking to improve their property within Newport Beach should experience issues like we have
with our remodel.
The costs in additional planning, new fees, reclassification of our remodel to a new build with all associated
requirements therein, removal of the nonconforming wall to rebuild it at 6’ (instead of original 5’ setback, which
resulted in needing to demo the majority of our existing home to accomplish it) not to mention carry costs during the
more than 90 days we waited on revised structural plan approval while watching labor and material inflation take
our project costs sky high…it’s been too much.
Again, no other resident seeking to keep their dollars in Newport Beach and improve their home here should be
hamstrung due to this oversight in the code. Our city employees are subject to the code as written and we recognize
they can’t bend the rules, even the ones that don’t make sense, but the planning commission has the power to change
them. Please do.
Thank you for the consideration.
Respectfully,
Cara Weichman
Sent from my iPhone
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Matt Brunwin
To:Planning Commissioners
Subject:Planning meeting
Date:October 19, 2022 6:56:18 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
I am writing to register my support of item #3 at tomorrow’s planning commission meeting.
With thanks
Matthew Brunwin1600 Antigua Way
Newport Beach--
_______________________________
Matt Brunwin
tel - +1 949 910 8795 Email - brunners3gp@gmail.com
- mattbrunwin@icloud.com
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Gary Johnson
To:Planning Commissioners
Subject:Planning commission meeting tomorrow
Date:October 19, 2022 7:13:50 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please support item #3 during planning commissions meeting tomorrow.
Thank you,
Gary Johnson1806 Dover Dr
Newport Beach 92660
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Ryan Dan
To:Planning Commissioners
Subject:Fwd: Setback item agenda
Date:October 19, 2022 8:44:06 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Good evening, I'm writing to request your support the setback initiative Item #3 at tomorrow's
planning commission meeting.
Thank you,Ryan Dan
Newport Beach resident
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Katie Albright
To:Planning Commissioners
Subject:Agenda Item #3
Date:October 19, 2022 9:00:26 PM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Dear Planning Commissioners,
I am writing to you to ask your support of item #3 on the agenda before you tomorrow night.
I am a resident of Dover Shores and hope to do a remodel to our 1950’s home one day. I have many friends in the
neighborhood who have undergone remodels that were negatively affected by their existing home not conforming
with the setback code. I know it caused a lot of headaches for them through their build process.
I believe that voting to modify the code would positively help many homeowners in our area do the ideal remodel
they envision, thus fostering an environment of support for our city and quality living in our great community. I
appreciate your consideration.
Thank you,
Katie Albright Miller
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Amanda Berger
To:Planning Commissioners
Cc:Aaron
Subject:Support Item #3
Date:October 20, 2022 12:09:07 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Hello,
As Newport Beach residents we are in full support of item #3 in the upcoming planning commission meeting. Wehope you will support this as well!
Thank you,
Aaron and Amanda Berger2000 Highland DriveNewport Beach
Sent from my iPhone
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Scott Juniper
To:Planning Commissioners
Subject:Item #3
Date:October 20, 2022 8:07:59 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content
is safe.
Good morning,
I understand that “item #3” included in the planning meeting today could clean up issues related to setbacks. Please
approve/support this to improve the lives of those in our neighborhood upgrading their properties.
Best,
Scott Juniper
UC Irvine Women’s Soccer - Head Coach
Planning Commission - October 20, 2022 Item No. 3a - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
From:Tyler Holst
To:Planning Commissioners
Subject:Please Support Agenda Item #3 tonight
Date:October 20, 2022 11:58:58 AM
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the
content is safe.
Please support Agenda Item 3 - Nonconforming Code and LCP Amendments in tonight's
Planing Commission Meeting.
This correction to the code will alleviate significant design and cost burdens on homeownersof older homes seeking to remodel or expand.
Removal of a nonconforming wall meet the current 6-foot setback will require demolition of
the majority of existing older homes to accomplish even modest remodels and additions.
Please give the city plan check staff an updated code that makes sense for owners of olderhomes that want their houses to grow with their family's needs. I know the thoughtfulness of
the Planning Commission will give staff the change to the code that will allow them to helpNewport Beach residences. Thank you.
Tyler Holst
1901 Deborah Ln, Newport Beach, CA 92660
Planning Commission - October 20, 2022 Item No. 3b - Additional Materials Received Nonconforming Code and LCP Amendments (PA2022-076)
Nonconforming Code and LCP Amendments
Planning Commission Public Hearing
October 20, 2022
Joselyn Perez, Assistant Planner
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
Introduction
•Amendments to both Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Program) to update the Nonconforming Structures
section and the Nonconforming Uses section
•Initiated by City Council on May 10, 2022
2Community Development Department
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
Part 1:
Nonconforming Residential Density
•Properties legally developed with multi unit housing (triplex, quadplex)
•Neighborhoods have since been downzoned
•Code allows projects to reduce number of dwelling units but silent on other allowances
•Reducing number of units to a compliant density infeasible due to Housing Crisis Act of 2019
3Community Development Department
Background
Nonconforming triplex on West Balboa Boulevard
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
Part 1:
Nonconforming Residential Density
Residential properties that are nonconforming due to density may be maintained, altered, or expanded pursuant to NBMC Sections 20.38.040 and 21.38.040 (Nonconforming Structures)
4Community Development Department
Proposed Amendment
Nonconforming triplex in Corona del Mar
Benefits
•Extend practical life of the dwelling unit
•Preserve City’s housing stock
•Reinvest in property
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
Part 2:
Side Setback Clarification
5Community Development Department
Background
•Provision inadvertently omitted in the 2010 comprehensive zoning code update
•Without the provision, current code requires an addition to be staggered to meet base zoning district side setback
•Former B Overlay District
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
6Community Development Department
Former B Overlay Properties & Current Zoning Districts:
R-1-6,000
R-1-7,200
R-1-10,000
R-2-6,000
RM-6,000
Properties within Coastal Zone
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
Part 2:
Side Setback Clarification
7Community Development Department
•Reinstate the omitted provision that property owners in
the former B Overlay are allowed to construct an addition
in line with the existing residence
•Property no longer considered nonconforming
Proposed Amendment
Limitations
•Only applies to principal structure
•Does not allow a property owner to tear down their
residence and rebuild at the same reduced setback
•Must comply with any required building/fire code setbacks
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
Recommended Action
•City Council tentative date November 15, 2022•Submit Title 21 amendment to California Coastal Commission
8Community Development Department
Next Steps
•Conduct Public Hearing•Find project Exempt from the California Environmental
Quality Act (“CEQA”) pursuant to pursuant to Section
15061(b)(3) and Section 15265(a)(1)•Adopt Resolutions No. PC2022-026 and PC2022-027
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)
9
Questions and Discussion
Joselyn Perez, Assistant Planner
jperez@newportbeachca.gov
Planning Commission Public Hearing
October 20, 2022
Planning Commission - October 20, 2022 Item No. 3c - Additional Materials Presented at the Meeting Nonconforming Code and LCP Amendments (PA2022-076)