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<,FORN'P City Council Staff Report
November 29, 2022
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Joselyn Perez, Assistant Planner, jperez@newportbeachca.gov
PHONE: 949-644-3312
TITLE: Ordinance No. 2022-25: Approving a Zoning Code Amendment
Related to Nonconforming Uses and Structures (PA2022-076)
ABSTRACT:
For the City Council's consideration is the adoption of an amendment to Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code (NBMC). The amendment includes two
parts: 1) clarify development allowances for residential uses that are nonconforming due to
density; and 2) reinstate 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 districts. The attached ordinance was
introduced and considered at the November 15, 2022, City Council meeting.
RECOMMENDATION:
a) Find this amendment exempt pursuant to California Environmental Quality Act
(CEQA) Guidelines Sections 15060(c)(2) and 15060(c)(3), California Code of
Regulations, Title 14, Division 6, Chapter 3, because it will not result in a physical
change to the environment, directly or indirectly; and
b) Conduct second reading and adopt Ordinance No. 2022-25, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting 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 Correct Errors Related to Setbacks (PA2022-076).
DISCUSSION:
At the November 15, 2022, City Council meeting the City Council introduced Ordinance
No. 2022-25, amending Title 20 for nonconforming uses and structures. No changes were
proposed by the City Council.
Ordinance No. 2022-25 revises Title 20 of the NBMC to clarify that residential properties
that are nonconforming due to density may be maintained, altered or expanded. The
ordinance will also allow the construction of additions in line with the existing principal
structure with nonconforming side setbacks.
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Ordinance No. 2022-25: Approving a Zoning Code Amendment Related to
Nonconforming Uses and Structures (PA2022-076)
November 29, 2022
Page 2
If adopted, the attached ordinance would become effective 30 calendar days after
adoption in non -coastal areas of the city. It would not become effective in coastal areas
of the city until the amendment is approved by the California Coastal Commission.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed is not a project subject to the California Environmental Quality Act
(CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections
15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to
State CEQA Guidelines Section 15061(b)(3) because it has no potential to a have a
significant effect on the environment. The Amendment itself does not authorize
development that would directly result in physical change to the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2022-25 (Title 20 Amendment)
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Attachment A
Ordinance No. 2022-25 (Title 20 Amendment)
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ORDINANCE NO. 2022-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
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 CORRECT ERRORS RELATED TO SETBACKS
(PA2022-076)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Chapter 20.38 (Nonconforming Uses and Structures) of the
Newport Beach Municipal Code ("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);
WHEREAS, Section 20.38.050 (Nonconforming Uses) of the NBMC authorizes
the 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;
WHEREAS, redevelopment opportunities of nonconforming residential uses are
now restricted under Senate Bill 330 and Senate Bill 8 which place limitations on the
City's ability to disapprove a housing development that would result in a net loss of
residential density through January 1, 2030;
WHEREAS, due to the ambiguity in Section 20.38.050 (Nonconforming Uses) 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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Ordinance No. 2022-
Page 2 of 9
WHEREAS, prior to the 2010 comprehensive update to Title 20 (Planning and
Zoning) of the NBMC ("2010 Zoning Code Update"), the NBMC contained an overlay
district known as B Overlay, which was redesignated as the R-1-6,000, R-1-7,200, R-1-
10,000, R-2-6,000, and RM-6,000 zoning districts in the 2010 Zoning Code Update;
WHEREAS, previous versions of the NBMC authorized an addition to the
principal structures located within the former B Overlay to the side yard setback in effect
at the time the principal structure was constructed;
WHEREAS, the 2010 Zoning Code Update inadvertently omitted this provision,
therefore, Zoning Code Amendment No. CA2022-004 is necessary to reinstate the
omitted provision and unencumber these properties from the restrictions in Section
20.38.040 (Nonconforming Structures) of the NBMC;
WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 2022-29
by a majority vote (6 ayes, 1 absent) initiating Zoning Code Amendment No. CA2022-
004 related to nonconforming uses and structures;
WHEREAS, the Planning Commission held a public hearing 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 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 hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-026 by a majority vote (4 ayes, 3 abstentions) recommending to the City
Council approval of Zoning Code Amendment No. CA2022-004; and
WHEREAS, the City Council held a public hearing on November 15, 2022 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the 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 City Council at this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
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Ordinance No. 2022-
Page 3 of 9
Section 1: The City Council finds amendments to Title 20 (Planning and
Zoning) of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set
forth any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, Zoning Code Amendment No. CA2022-004 is consistent
with the Housing Crisis Act of 2019 and the Newport Beach General Plan.
a. Zoning Code Amendment No. CA2022-004 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.
b. Zoning Code Amendment No. CA2022-004 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.
c. Zoning Code Amendment No. CA2022-004 is consistent with the Housing
Policy 2.1, by encouraging the preservation of existing housing and
provision of new housing affordable to extremely low-, very low- and
moderate -income households. Allowing alterations to existing
nonconforming units, 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.
d. Zoning Code Amendment No. CA2022-004 is consistent with General
Plan Policy LU 5.1.7 (Renovation and Replacement of Existing Residential
Units) which requires, "residential units that are renovated and rebuilt in
existing single-family neighborhoods adhere to the principles for new
developments." Any modifications proposed as a result of Zoning Code
Amendment No. CA2022-004 must, otherwise, conform with the
development standards in effect at the time of the application. This includes
floor area, lot coverage, height, and parking. Similarly, when a property
owner wishes to rebuild a residence, the new dwelling must comply with the
requirements in effect at the time of the application.
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Ordinance No. 2022-
Page 4 of 9
Section 2: 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):
Lots 40 ft. wide or
5 ft.
3 ft. (4)
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.30.110
less
20.48.180
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.38.040 (H)
Side (street side):
Lots 40 ft. wide or
5 ft.
3 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.30.110
less
20.48.180
Lots wider than 40 ft.
5 ft.
4 ft.
6 ft. (7)
5 ft. (7)
10 ft. (7)
20.38.040 (H)
Section 3: Footnote 7 of 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 to read as follows:
(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 4: 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:
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Ordinance No. 2022-
Page 5 of 9
Development Feature
R-BI
R-2
R-2-6,000
Additional Requirements
Side (interior, each):
Lots 40 ft. wide or less
3 ft.
3 ft.
6 ft. (10)
20.38.040 (H)
Lots 40'1" wide to 49'11"
4 ft.
4 ft.
6 ft. (10)
20.38.040 (H)
wide
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"1"
4 ft.
4 ft.
N/A
wide
Lots 50 ft. wide and greater
N/A
N/A
6 ft. (10)
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"
4 ft.
5 ft.
6 ft. (10)
wide
Lots 50 ft. wide and greater
8% of the average lot width
N/A
6 ft. (10)
(5)
Side (street side):
Lots 40 ft. wide or less
3 ft.
N/A
20.38.040 (H)
5 ft.
Lots 40'1" wide to 49"1"
4 ft.
N/A
wide
Lots 50 ft. wide and greater
8% of the average lot width
6 ft. (10)
(5)
Section 5: Footnote 10 of 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 to read as follows:
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Ordinance No. 2022-
Page 6 of 9
(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 6: Section 20.38.040(H) (Exceptions) of the NBMC 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).
3. R-1-6,000, R-1-7,200, R-1-10,000, R-2-6,000, and RM-6,000 Zoning
Districts. Existing principal structures within the R-1-6,000, R-1-7,200, 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 7: Section 20.38.050 (Nonconforming Uses) of the NBMC 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.
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Ordinance No. 2022-
Page 7 of 9
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 subject to compliance with the provisions 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 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).
Section 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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Ordinance No. 2022-
Page 8 of 9
Section 10: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly. Zoning Code Amendment No.
CA2022-004 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.
Section 11: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 12: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
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Ordinance No. 2022-
Page 9 of 9
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 15th day of November, 2022, and adopted on the 29tn
day of November, 2022, by the following vote, to -wit:
AYES. -
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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