HomeMy WebLinkAboutPC2022-026 - 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) OFRESOLUTION 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: Ellmore, Harris, Klaustermeier, and Lowrey
NOES: None RECUSED: Kleiman, Rosene, and Weigand
ABSENT: None
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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Planning Commission Resolution No. PC2022-026 Page 6 of 7
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).
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