HomeMy WebLinkAbout3.0_Nonconforming Code and LCP Amendments_Staff Presentation_PA2022-076Nonconforming 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)