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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)