HomeMy WebLinkAbout4.0_Municipal Code Changes to Reduce Regulations_PA2022-0219CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT October 19, 2023 Agenda Item No. 4 SUBJECT: Municipal Code Changes to Reduce Regulations (PA2022-0219) SITE LOCATION: Citywide PLANNER: Jim Campbell, Deputy Community Development Director
949-644-3210, jcampbell@newportbeachca.gov
PROJECT SUMMARY Municipal Code amendments to Title 19 (Subdivisions), Title 20 (Planning and Zoning), and Title 21 (Local Coastal Program Implementation Plan) to reduce regulations,
streamline processes, and generally eliminate outdated information. The proposed
amendments include:
• Eliminate the public hearing requirement for parcel maps for condominium
purposes;
• Eliminate conflicting code provisions by deleting the bluff overlay zones in Title 20 that are included in Title 21;
• Change the threshold for when a fast-casual, take-out restaurant with no late hours
requires a minor use permit;
• Eliminate Chapters 20.34 and 21.34 as they are inapplicable to the City; and
• Update general terms and references consistent with the comprehensive update
of the entire Municipal Code. RECOMMENDATION 1) Conduct a public hearing;
2) Find the recommended action not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and
3) Adopt Planning Commission Resolution No. PC2023-039, recommending City Council Adoption of a Code Amendment to Title 19 (Subdivisions), Title 20 (Planning And Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Incorporating the Ad Hoc Committee’s Recommendations and
Other Related Revisions (PA2022-0219) (Attachment No. PC 1).
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DISCUSSION In September 2022, the City Council initiated a comprehensive review of the Municipal Code by establishing an Ad Hoc Municipal Code and Council Policy Review Committee. The overall goal was to update, delete, reduce language, or sunset existing code
provisions. The City Council directed its boards and commissions, including the Planning Commission, to establish an ad hoc committee to review the NBMC and City Council Policies within each body’s area of expertise to assist in identifying recommended changes.
In October of 2022, the Planning Commission created an ad-hoc committee to support the effort. The ad-hoc committee consisted of Commissioners Harris, Rosene, and former Commissioner Klaustermeier. Staff worked with the Ad Hoc Committee to develop several recommendations. At its August 3, 2023, meeting, the Planning Commission reviewed and approved the Ad Hoc Committee’s recommended changes to revise certain
provisions within Title 15 (Buildings and Construction), Title 19 (Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan). The following five areas were recommended for change: 1. Report of Residential Building Records - Make the existing mandatory process
voluntary. 2. Tentative Map Review – Eliminate the public hearing requirement for small condominium conversions. 3. Bluff Overlay District – Eliminate conflict between Title 20 and Title 21 by deleting the overlay in Title 20.
4. Take-Out Service—Fast-Casual – Change threshold for when a fast-casual take-
out restaurant with no late hours requires a minor use permit (discretionary review). 5. Conversion or Demolition of Affordable Housing – Eliminate Chapters 20.34 and 21.34 as they are inapplicable to the City.
Each of the recommended changes above were forwarded to the City Council Ad-Hoc
Committee for consideration, and they have been incorporated in a comprehensive set of changes affecting many Municipal Code Titles. In addition to the Planning Commission’s recommended changes discussed above, other proposed changes include updating references and terms, and the elimination of unnecessary and duplicative provisions. The
proposed amendments were prepared by the Office of the City Attorney with support from
the various City Departments. The attached resolution incorporates the changes related to Title 19, Title 20, and Title 21 that the City Council Ad Hoc Committee recommends. A tracked changes version of the proposed amendments is included as Attachment No. PC 2.
ENVIRONMENTAL REVIEW This action 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
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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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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 October 3, 2023, to all persons and agencies on the Notice of Availability mailing list.
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the Planning Commission considers the item). Notice of this hearing was also published in the Daily Pilot consistent with the provisions of the Municipal Code. Additionally, the item was posted at City Hall and on the city website.
Prepared and submitted by:
ATTACHMENTS
PC 1 Draft Resolution No. PC2023-039
PC 2 Tracked Changes Version of Proposed Code Changes
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Attachment No. PC 1
Draft Resolution No. PC2023-039
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RESOLUTION NO. PC2023-039
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF A CODE AMENDMENT TO TITLE 19
(SUBDIVISIONS), TITLE 20 (PLANNING AND ZONING) AND
TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE
INCORPORATING THE AD HOC COMMITTEE’S
RECOMMENDATIONS AND OTHER RELATED REVISIONS
(PA2022-0219)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 20.66.020 of the Newport Beach Municipal Code (“NBMC”) provides that
the Planning Commission or the City Council of the City of Newport Beach (“City”)
may initiate an amendment to Title 20 (Planning and Zoning) of the NBMC (“Title
20”).
2. City Council Policy K-1 (General Plan and Local Coastal Program) of the NBMC
requires amendments to the City of Newport Beach certified Local Coastal Program
codified in Title 21(Local Coastal Program Implementation Plan) (“Title 21”) to be
initiated by the City Council.
3. On September 13, 2022, the City Council adopted Resolution No. 2022-58 establishing
the Ad Hoc Municipal Code and Council Policy Review Committee (“City Council Ad Hoc”)
to review and update the Newport Beach Municipal Code (“NBMC”) and Council Policies
to ensure that the NBMC maintains relevancy, brevity, and coherency. The City Council
further directed boards and commissions, including the Planning Commission, to establish
an ad hoc committee to review the NBMC and City Council Policies within that particular
body’s area of expertise and recommend revisions. The term of the City Council Ad Hoc
was extended by Resolution No. 2023-18.
4. In October of 2022, the Planning Commission created an ad-hoc committee to support
the effort.
5. At the August 3, 2023, meeting, the following recommendations of the Planning
Commission Ad Hoc Committee were approved by the Planning Commission:
• Tentative Parcel Map Review – Eliminate the public hearing requirements for parcel
maps for condominium purposes.
• Bluff Overlay District – Eliminate conflicting code provisions by deleting the bluff overlay
areas in Title 20 that are included in Title 21.
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• Take-Out Service—Fast-Casual – Change threshold for when a fast-casual take-out
restaurant with no late hours requires a minor use permit (discretionary review).
• Conversion or Demolition of Affordable Housing – Eliminate Chapters 20.34 and 21.34
as they are inapplicable to the City.
6. The above revisions are incorporated into Title 19 (Subdivisions), Title 20 (Planning and
Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC as
reflected in Exhibit “A” which is attached hereto and incorporated by reference. Most of
the other revisions are updating references and terms, and the eliminate unnecessary
and duplicative provisions (“Code Amendment”).
7. 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.
8. In 2005, the City adopted the City of Newport Beach LCP Coastal Land Use Plan, as
amended from time to time.
9. The California Coastal Commission effectively certified the City’s LCP Implementation
Plan on January 13, 2017, and the City added Title 21 to the NBMC whereby the City
assumed coastal development permit-issuing authority on January 30, 2017.
10. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures)
of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2,
Article 5 (Public Participation) (“Section 13515”), a draft of the LCP Amendment was
made available, and a Notice of Availability was distributed at least six weeks prior to
the anticipated final action date.
11. A public hearing was held on October 19, 2023, 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”), Section 13515, and Chapters 20.62
(Public Hearings) and 21.62 (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 exempt from environmental review under the California
Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines,
California Code of Regulations, Title 14, Division 6, Chapter 3, which states that a project is
not further review under CEQA if the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
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SECTION 3. FINDINGS.
1. Amendments to the NBMC are legislative acts. Neither the City nor State Planning Law set
forth any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the Code Amendment and Local Coastal Program are
consistent with the General Plan in that the revisions to Title 20 and Title 21 maintain
relevance and ensure brevity, and coherency.
2. A Local Coastal Program Amendment is also underway to ensure the regulations within the
Coastal Zone are consistent with the Code Amendment.
3. 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 Code Amendment
PA2022-0219 is exempt from environmental review under the California Environmental
Quality Act (“CEQA”) pursuant to Section 15060(c)(2) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, which states that a project is not further
review under CEQA if “[t]he activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment”. The Code Amendment generally updates
references and terms, and eliminates unnecessary and duplicative provisions that would
not result in a direct or reasonably foreseeable indirect physical change in the environment.
The Code Amendment would not authorize new development that would result in a physical
change in the environment.
2. The Planning Commission hereby adopts Resolution No. PC2023-039, Recommending
amendments to Title 19 (Subdivisions), Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) as set forth in Exhibit “A,” which is attached hereto
and incorporated herein by reference.
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PASSED, APPROVED, AND ADOPTED THIS 19TH DAY OF OCTOBER, 2023.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:___________________________
Curtis Ellmore, Chair
BY:____________________________
Tristan Harris, Secretary
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EXHIBIT “A”
PROPOSED CODE AMENDMENT PA2022-0219
SECTIONS 19.12.060(A)(2) AND (A)(5), TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN)
Section 1: Subsection (A)(2) of Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12
(Tentative Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Procedures. Except as provided in subsection (A)(5), the provisions for tentative tract maps set forth in Sections
19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required findings, approval
by inaction, and indemnification shall apply to tentative parcel maps.
Section 2: Subsection (A)(5) of Section 19.12.060 (Review of Tentative Parcel Maps) of Chapter 19.12
(Tentative Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of
airspace within two-unit or multi-unit dwellings for condominium purposes shall be exempt from the provisions
set forth in Sections 19.12.050(B) and (C) regarding staff reports and public hearings. Public notice shall be
provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and City procedures, except
that the notice shall include a statement that no local public hearing will be held; however, written comments
on the proposed subdivision will be considered if submitted by no later than the date set forth in the notice.
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Section 3: The Table of Contents for Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
Title 20
PLANNING AND ZONING*
Chapters:
Part 1. Zoning Code Applicability
20.10 Purpose and Applicability of the Zoning Code
20.12 Interpretation of Zoning Code Provisions
20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses, and Zoning District Standards
20.16 Development and Land Use Approval Requirements
20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)
20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.22 Mixed-Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV/15th St., MU-W1, MU-W2)
20.24 Industrial Zoning District (IG)
20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)
20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards
20.30 Property Development Standards
20.32 Density Bonus
20.36 Landscaping Standards
20.38 Nonconforming Uses and Structures
20.40 Off-Street Parking
20.42 Sign Standards
20.44 Transportation Demand Management Requirements
20.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
20.48 Standards for Specific Land Uses
20.49 Wireless Telecommunications Facilities
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Part 5. Planning Permit Procedures
20.50 Permit Application Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementation, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administration
20.60 Administrative Responsibility
20.62 Public Hearings
20.64 Appeals
20.66 Amendments
20.68 Enforcement
Part 7. Definitions
20.70 Definitions
Part 8. Maps
20.80 Map
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
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Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE
Section 4: Subsection (A) of Section 20.10.050 (Responsibility for Administration) of Chapter
20.10 (Purpose and Applicability of the Zoning Code) of the Code is amended to read as follows:
20.10.050 Responsibility for Administration.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to as the
“Council”; the Planning Commission, hereafter referred to as the “Commission”; the Community Development
Director, hereafter referred to as the “Director”; the Zoning Administrator; and the Community Development
Department, hereafter referred to as the “Department,” and any other City official or body as specifically
identified.
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Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residential Zoning Districts General Development Standards.
Table 2-2
Section 5: The row titled “Bluff edge setback” of Table 2-2 (Development Standards for Single-
Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General Development
Standards) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of Title 20 (Planning
and Zoning) of the Code is amended to read as follows:
Bluff edge setback As provided in Section 20.28.040 (Bluff (B) Overlay District). See also Section 21.28.040
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Chapter 20.20
COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
Table 2-4
Table 2-5
Section 6: The row titled “Take-Out Service-Fast Casual (up to 20 seats (2))” is amended and a
new row titled “(Alcohol Sales (off sale) (with late hours) (1)” is added to Table 2-4 (Allowed Uses and Permit
Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of
Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning
and Zoning) of the Code to read as follows:
Take-Out Service—Fast-Casual (up to 20 seats) (1) (2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Alcohol Sales (off-sale) (with late hours) (1) CUP CUP CUP CUP Section 20.48.030
Section 7: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning
Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
(2) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use located
within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), a minor use permit shall be required for any use located within five hundred
(500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Section 8: The row titled “Take-Out Service-Fast Casual (up to 20 seats (2))” is amended and a
new row titled “(Alcohol Sales (off sale) (with late hours) (1)” is added to Table 2-5 (Allowed Uses and Permit
Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of
Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning
and Zoning) of the Code to read as follows:
Take-Out Service—Fast-Casual (up to 20
seats) (1) (2)
P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section
20.48.090
Alcohol Sales (off-sale) (with late hours) (1) CUP CUP CUP CUP CUP CUP Section
20.48.030
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Section 9: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section 20.20.020
(Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20 (Commercial Zoning
Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
(2) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use located
within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), a minor use permit shall be required for any use located within five hundred
(500) feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
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Chapter 20.22
MIXED-USE ZONING DISTRICTS (MU-V, MU-DW, ,MU-CV/15TH ST., MU-W1, MU-W2)
20.22.020 Mixed-Use Zoning Districts Land Uses and Permit Requirements.
Table 2-8
Table 2-9
Section 10: The row titled “Take-Out Service-Fast Casual (up to 20 seats (5))” is amended and a
new row titled “(Alcohol Sales (off sale) (with late hours) (4)” is added to Table 2-8 (Allowed Uses and Permit
Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of
Chapter 20.22 (Mixed-Use Zoning Districts (MU-V, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 20
(Planning and Zoning) of the Code to read as follows:
Take-Out Service—Fast-Casual (up to 20 seats) (4) (5) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Alcohol Sales (off-sale) (with late hours) (4) CUP CUP — CUP Section 20.48.030
Section 11: Note (5) of Table 2-8 (Allowed Uses and Permit Requirements) of Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed-Use Zoning Districts
(MU-V, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
(5) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use located
within one hundred (100) feet of any residential zoning district.
b. Except as provided in (5)(a), a minor use permit shall be required for any use located within five hundred
(500) feet, of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Section 12: The row titled “Take-Out Service-Fast Casual (up to 20 seats (3)(4))” of Table 2-9
(Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and
Permit Requirements) of Chapter 20.22 (Mixed-Use Zoning Districts (MU-V, MU-DW, MU-CV/15TH ST., MU-W1,
MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
Take-Out Service—Fast-Casual (up to 20 seats) (3)(4) P/MUP P/MUP Section 20.48.090
Section 13: Note (4) of Table 2-9 (Allowed Uses and Permit Requirements) of Section 20.22.020
(Mixed-Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed-Use Zoning Districts
(MU-V, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
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(4) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use located
within one hundred (100) feet of any residential zoning district.
b. Except as provided in 4(a), a minor use permit shall be required for any use located within five hundred (500)
feet of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
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Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, H)
Section 14: Subsection (B)(3) of Section 20.28.020 (Mobile Home Park (MHP) Overlay Zoning
District)) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is amended to read
as follows:
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
B 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the
use on the displaced residents of the mobile home park has been prepared, reviewed, and found to be
acceptable and consistent with the provisions of the Cal. Gov. Code.
Section 15: Subsection (D) of Section 20.28.020 (Bluff (B) Overlay District) of Chapter 20.28
(Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is amended to read as follows:
20.28.040 Bluff (B) Overlay District.
D. Location of Development Areas. The development areas are listed below and depicted in the referenced
map exhibit adopted in Part 8 of this title. The placement of structures and grading is limited by development
areas as defined in this section and in subsection (C) of this section. The development areas for each parcel are
polygons established by the property lines and the following development lines. (See Map Exhibit B-1) All
contour lines refer to NAVD 88 contours.
1. Kings Place (104-112 and 204-224).
a. Development Area A. Between the front property line adjacent to Kings Place and the development line
established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb adjacent
to the lot.
b. Development Area C. All portions of the lot not located in Area A.
2. Kings Place (116-200).
a. Development Area A. As indicated by the specified distance (in feet) from the front property line on the
development area map.
b. Development Area B. All portions of the lot not located in Area A or C.
c. Development Area C. Between the down slope boundary of Area A and a development line established at
the twenty-six (26) foot contour line.
d. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory structures that
do not exceed twelve (12) feet in height from existing or finished grade and do not exceed four hundred (400)
square feet (cumulative) in area shall be allowed in Area B.
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Chapter 20.30
PROPERTY DEVELOPMENT STANDARDS
Section 16: Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of Chapter 20.30
(Property Development Standards) of Title 20 of the Code is amended to read as follows:
20.30.120 Solid Waste and Recyclable Materials Storage.
Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material storage
areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Cal. Pub. Resources
Code Section 42900) and Chapter 6.04 and Chapter 6.06.
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Chapter 20.32
DENSITY BONUS
Section 17: Subsections (L) and (O) of Section 20.32.020 (Definitions) of Chapter 20.32 (Density
Bonus) of Title 20 of the Code are amended to read as follows:
20.32.020 Definitions.
L. “Lower-income student” means a student who has a household income and asset level that does not exceed
the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed. Code Section 69432.7(k)(1). The
eligibility of a student to occupy a unit for lower-income students under this section shall be verified by an
affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student
is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid,
including an institutional grant or fee waiver from the college or university, the California Student Aid
Commission, or the federal government.
O. “Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they existed on the date
the application was deemed complete. The following shall not constitute a specific, adverse impact upon the
public health or safety: (1) inconsistency with the zoning or General Plan land use designation, or (2) the eligibility
to claim a welfare exemption under Cal. Rev. & Tax. Code of Section 214 (G).
Section 18: Subsection (A)(8) of Section 20.32.030 (Eligibility for Density Bonus and Incentives) of
Chapter 20.32 (Density Bonus) of Title 20 of the Code is amended to read as follows:
20.32.030 Eligibility for Density Bonus and Incentives.
A 8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12, that has at least
thirty-five (35) dwelling units or a mobile home park that limits residency based on age requirements for housing
older persons in compliance with Cal. Civ. Code Section 798.76 or 799.5 .
Section 19: Subsection (C)(4) of Section 20.32.050 (Allowed Density Bonuses) of Chapter 20.32
(Density Bonus) of Title 20 of the Code is amended to read as follows:
20.32.050 Allowed Density Bonuses.
C 4. Priority for the affordable units shall be given to lower-income students experiencing homelessness. A
homeless service provider, as defined in Cal. Health & Saf. Code Section 103577(3)(e) , or institution of higher
education that has knowledge of a person’s homeless status may verify a person’s status as homeless for
purposes of this subsection.
Section 20: Subsections (B)(3)(b) and (B)(3)(c) of Section 20.32.060 (Parking Requirements in
Density Bonus Projects) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as
follows:
20.32.060 Parking Requirements in Density Bonus Projects.
B 3 b. The housing development is a for-rent housing development for individuals who are sixty-two (62) years
of age or older that meet the definition in Cal. Civ. Code Sections 51.2 and 51.3 and the housing development
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has either paratransit service or unobstructed access within one-half mile of a fixed bus route that operates at
least eight (8) times per day; or
B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf.
Code Section 51312, or supportive housing development as defined in Cal. Health & Saf. Code Section 50675.14,
and the housing development has either paratransit service or unobstructed access within one-half mile of a
fixed bus route that operates at least eight (8) times per day.
Section 21: Subsections (B)(1) and (B)(2) of Section 20.32.130 (Continued Availability) of Chapter
20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.130 Continued Availability.
B 1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal. Health &
Saf. Code Section 50053; and
B 2. Owner-Occupied Units. Owner-occupied units shall be available at an affordable housing cost as defined
in Cal. Health & Saf. Code Section 50052.5.
Section 22: Subsections (A)(1), (A)(2)(a), and (B)(2) of Section 20.32.140 (Occupancy and Resale of
Ownership Units) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.140 Occupancy and Resale of Ownership Units.
A 1. The unit is initially occupied by a very low-, low-, or moderate-income household, offered at an affordable
housing cost as defined in Cal. Health & Saf. Code Section 50052.5, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section 501(c)(3)
and has received a welfare exemption under Cal. Rev.& Tax. Code Section 214.15 for properties intended to be
sold to low-income households who participate in a special no-interest loan program;
B 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be
used within five (5) years for any of the purposes described in Cal. Health & Saf. Code Section 33334.2(e) that
promote home ownership. For the purposes of this section:
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Chapter 20.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Section 23: Chapter 20.34 (Conversion or Demolition of Affordable Housing) of Title 20 (Planning
and Zoning) of the Code is repealed in its entirety.
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Chapter 20.42
SIGN STANDARDS
Section 24: Subsection (F) of Section 20.42.030 (General Provisions) of Chapter 20.42 (Sign
Standards) of Title 20 of the Code is amended to read as follows:
20.42.030 General Provisions.
F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than
those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date
on which this provision was first adopted. The City adopts this policy in compliance with Cal. Gov. Code Section
65850 and Cal. Bus. & Prof. Code Sections 5354(a) and 5408.3. Permits shall not be issued for billboards that
violate this policy, and the City will take immediate abatement action against billboards constructed or
maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard
policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable
and separately enforceable even if other provisions of this chapter may be declared, by a court of competent
jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does not prohibit agreements to
relocate existing, legal billboards, as encouraged by Cal. Bus.& Prof. Code Section 5412.
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Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
Section 25: Subsection (C)(2)(b)(ii) of Section 20.48.030 (Alcohol Sales) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.030 Alcohol Sales.
C. 2. B. ii. A pattern of documented violations of the permit conditions, this Zoning Code, this Code, the Cal. Pen.
Code, or other State statutes; or
Section 26: Subsection (A)(2) of Section 20.48.060 (Bed and Breakfast Inns) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.060 Bed and Breakfast Inns.
A. 2 Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance with
Cal. Bus. & Prof. Code Section 24045.12, a bed and breakfast inn may sell alcohol to registered guests only;
provided, that the establishment has an approved ABC License Type 80 (Special On-Sale General B and B license).
Section 27: Subsection (G)(2)(b)(i) of Section 20.48.090 (Eating and Drinking Establishments) of
Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.090 Eating and Drinking Establishments.
G 2 b i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code, the
Cal. Pen. Code, or other State statutes; or
Section 28: The introductory sentence of Section 20.48.100 (Emergency Shelters) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.100 Emergency Shelters.
This section provides standards for the establishment and operation of emergency shelters in compliance with
Cal. Gov. Code Section 65583.
Section 29: Subsection (A) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units
and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in Cal. Gov. Code Sections
65852.2 and 65852.22, in areas designated for residential use, including as part of a planned community
development plan or specific plan, and to provide development standards to ensure the orderly development of
these units in appropriate areas of the City.
Section 30: Subsection (B)(4) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
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B. 4 Required to correct legally established nonconforming zoning condition(s), building code violation(s), and/or
unpermitted structure(s) that do/does not present a threat to public health and safety and is/are not affected by
the construction of the accessory dwelling unit or junior accessory dwelling unit. This does not prevent the City
from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Section
17980.12.
Section 31: Subsection (F)(3)(c)(iii) of Section 20.48.200 (Accessory Dwelling Units) of Chapter
20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
F.3.c.iii An accessory dwelling unit constructed on a lot with an existing or proposed single-unit or multi-unit
dwelling that is located within one-half-mile walking distance of a major transit stop or high-quality transit
corridor, as those terms are defined in Cal. Pub. Resources Code Section 21155, shall not exceed a height of
eighteen (18) feet. An additional two feet in height shall be permitted to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof pitch of the primary unit.
Section 32: Subsection (J) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential or
mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with Cal.
Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling
unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior Standards,
as applicable.
Section 33: The introductory paragraph and Subsections (B)(3)(c), (B)(3)(d), (B)(3)(e), (B)(4)(b)(i),
(B)(4)(b)(ii), (B)(4)(m), and (B)(5)(g) of Section 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in
Single-Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the
Code are amended to read as follows:
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and urban lot splits as required
pursuant to Cal. Gov. Code Sections 65852.21 and 66411.7. This section shall sunset automatically without action
of the City in the event Cal. Gov. Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by
State law.
B. 3 c Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis Act
(Cal. Gov. Code Sections 7060 through 7060.7) to withdraw accommodations from rent or lease within fifteen
(15) years before the date that the development proponent submits an application.
B. 3 d Historic Resource. The development is located within a historic district or property included on the State
Historic Resources Inventory, as defined in Cal. Pub. Resources Code Section 5020.1, or on a lot that is designated
or listed as a City landmark or historic property.
B. 3 e Environmental Resource or Hazard. As specified in Cal. Gov. Code Section 65913.4, the development is
located on a lot that is any of the following:
B. 4 b i One-half mile walking distance of a high-quality transit corridor, as defined in Cal. Pub. Resources Code
Section 21155;
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B. 4 b ii One-half mile walking distance of a major transit stop, as defined in Cal. Pub. Resources Code Section
21064.3; or
B. 4 m Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may deny
an application for an SB 9 housing development if the Director makes written finding(s), based upon a
preponderance of the evidence, that the development would have a specific, adverse impact, as defined and
determined in Cal. Gov. Code Section 65589.5, upon the public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
B. 5 g Owner-Occupancy. The owner of the lot proposed for an urban lot split shall comply with the requirements
provided herein and sign an affidavit stating that the owner intends to occupy one of the housing units as their
principal residence for a minimum of three (3) years from the date of the final, recorded parcel map for the urban
lot split, unless the applicant is a community land trust, as defined in Cal. Rev. & Tax. Code Section 402.1
(a)(11)(C)(ii), or is a qualified nonprofit corporation as described in Cal. Rev. & Tax. Code Section 214.15.
Section 34: Subsection (B)(3) of Section 20.48.230 (Tattoo Establishments) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.230 Tattoo Establishments.
B. 3 Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo
establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26 (Community
Noise Control) and other applicable noise control requirements of this Code.
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Chapter 20.49
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 35: Subsections (B), (E)(2), and (F) of Section 20.49.020 (Effect of Chapter) of Chapter 20.49 (Wireless
Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.49.020 Effect of Chapter.
B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to installation
or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit (MUP),
Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Section
20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an encroachment
permit, if required) for any telecom facility approved to be located on any City-owned property or City-held trust
property, shall enter into an agreement prepared and executed by the City Manager prior to installation of the
facility, consistent with Section 20.49.080 (Agreement for Use of City-Owned or City-Held Trust Property).
E 2. Requirements established by any other provision of this Code and by any other ordinance and regulation of
the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior
to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does not conform
to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal nonconforming facilities
shall comply at all times with the laws, ordinances, regulations, and any conditions of approval in effect at the
time the facility was approved, and any regulations pertaining to legal, nonconforming uses or structures that
may be applicable pursuant to provisions of this Code or federal and State laws as they may be amended or
enacted, in the future.
Section 36: Subsections (S) of Section 20.49.030 (Definitions) of Chapter 20.49 (Wireless Telecommunication
Facilities) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.49.030 Definitions.
S. Wireless Tower. “Wireless tower” means any structure built for the sole or primary purpose of supporting
antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed
pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission on a water tower, utility tower, street light, or other structures built or rebuilt or replaced primarily
for a purpose other than supporting wireless services authorized by the FCC, including any structure installed
pursuant to Cal. Pub. Util. Code Section 7901, is not a wireless tower for purposes of this definition. For an
example only, a prior-existing streetlight standard which is replaced with a new street light standard to permit
the addition of antennas shall not be considered a wireless tower, but rather a replacement street light standard.
Section 37: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 20.49.050 (General Development and
Design Standards) of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of
the Code are amended to read as follows:
20.49.050 General Development and Design Standards.
F. 3 b New or replacement vertical structures may be allowed when authorized by this Code and approved by the
Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style, and
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design of the existing pole, including any attached light arms. New poles or streetlights may be installed, provided
they match existing or planned poles within the area.
F. 6 b i Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support
equipment shall be placed underground if required by other provisions of this Code. Flush-to-grade underground
vault enclosures, including flush-to-grade vents, or vents that extend no more than twenty-four (24) inches above
the finished grade and are screened from public view may be incorporated. Electrical meters required for the
purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a
public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by this Code.
J. 2 All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code.
Section 38: Subsections (B), (C), (E), and (F) of Section 20.49.060 (Permit Review Procedures) of Chapter
20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are amended to read
as follows:
20.49.060 Permit Review Procedures.
B. Installations in the Public Right-of-Way. All telecom facilities proposed to be located in the public right-of-
way shall comply with the provisions of this Code including but not limited to the provisions of Title 13 as it may
be amended from time to time.
C. Application Submission Requirements for Telecom Facilities on City-Owned or City-Held Trust Properties. Prior
to the submittal for any application for any facility located on any City-owned property or City-held trust property,
the applicant shall first obtain written consent to the application from the City Manager.
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and consistent
with Cal. Gov. Code Section 65850.6 , the addition of a new facility to an existing facility resulting in the
establishment of a collocated telecom facility shall be allowed without discretionary review if it complies with
Section 20.49.090. If a collocated telecom facility does not satisfy all of the requirements of Cal. Gov. Code
Section 65850.6 and Section 20.49.090, the facility shall be reviewed pursuant the review procedures provided
in Table 4-1.
F. Emergency Communications Review. At the time an application is submitted to the Community Development
Department, a copy of the plans, map, and emission standards shall be sent to the Police Chief. The Police Chief
shall review the plan’s potential conflict with emergency communications. The review may include a pre-
installation test of the telecom facility to determine if any interference exists. If the Police Department
determines that the proposal has a high probability that the facility will interfere with emergency
communications devices, the applicant shall work with the Police Department to avoid interference.
Section 39: Section 20.49.080 (Agreement for Use of City-Owned or City-Held Trust Property) of Chapter
20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code is amended to read
as follows:
20.49.080 Agreement for Use of City-Owned or City-Held Trust Property.
In applying for a permit pursuant to this chapter, all telecom facilities located on City-owned or City-held trust
property shall require a license agreement approved as to form by the City Attorney, and as to substance
(including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold
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harmless provisions) by the City Manager, consistent with provisions of this Code and any applicable provisions
of the City Council Policy Manual.
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Chapter 20.50
PERMIT APPLICATION FILING AND PROCESSING
Section 40: Table 5-1 (Review Authority) of Section 20.50.030 (Multiple Permit Applications) of Chapter
20.50 (Permit Application Filing and Processing) of Title 20 (Planning and Zoning) of the Code is amended to read
as follows:
TABLE 5-1
REVIEW AUTHORITY
Type of Action Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Administrative and Legislative
Interpretations Section
20.12.020
Determination
(3)
Appeal Appeal
Planned
Communities
Chapter 20.56 Recommend Decision
Specific Plans Chapter 20.58 Recommend Decision
Zoning Code
Amendments
Chapter 20.66 Recommend Decision
Zoning Map
Amendments
Chapter 20.66 Recommend Decision
Permits and Approvals
Affordable
Housing
Implementation
Plan
Chapter 20.32 Decision
(3)(4)
Appeal/Decision
(4)
Appeal/Decision
(4)
Comprehensive
Sign Program
Decision (3) Appeal
Conditional Use
Permits
Section
20.52.020
Decision Appeal
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TABLE 5-1
REVIEW AUTHORITY
Type of Action Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Conditional Use
Permits—
Residential
Zones HO
Section
20.52.030
Decision Appeal
Heritage Sign Decision Appeal
Innovative Sign
Program
Decision Appeal
Limited Term
Permits
Section
20.52.040
Decision (3) Appeal Appeal
Minor Use
Permits
Section
20.52.020
Decision (3) Appeal Appeal
Modification
Permits
Section
20.52.050
Decision (3) Appeal Appeal
Planned
Development
Permits
Section
20.52.060
Decision Appeal
Reasonable
Accommodations
Section
20.52.070
Decision Appeal Appeal
Sign Permits Chapter 20.42 Determination
(3)
Appeal Appeal
Site
Development
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
Section
20.52.080
Decision (3) Decision Appeal
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TABLE 5-1
REVIEW AUTHORITY
Type of Action Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Variances Section
20.52.090
Decision Appeal
Zoning
Clearances
Section
20.52.100
Determination
(3)
Appeal Appeal
Notes:
(1) “Recommend” means that the Commission makes a recommendation to the Council; “Determination” and
“Decision” mean that the review authority makes the final determination or decision on the matter; “Appeal”
means that the review authority may consider and decide upon appeals to the decision of a previous decision-
making body, in compliance with Chapter 20.64 (Appeals).
(2) The Council is the final review authority for all applications in the City.
(3) The Director or Zoning Administrator may defer action and refer the request to the Commission for
consideration and final action.
(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking
reductions. The Planning Commission shall be the initial review authority for concessions, incentives and
waivers. The City Council shall be the review authority for any financial incentive or fee waiver.
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Chapter 20.52
PERMIT REVIEW PROCEDURES
Section 41: Subsection (A) of Section 20.52.015 (Affordable Housing Implementation Plan) of Chapter 20.52
(Permit Review Procedures) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density
bonuses, concessions, incentives, and development standard waivers in compliance with Cal. Gov. Code Section
65915 et seq. and Chapter 20.32.
Section 42: Subsections (G)(5) and (H)(11) of Section 20.52.040 (Limited Term Permits) of Chapter 20.52
(Permit Review Procedures) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.52.040 Limited Term Permits.
G. 5 The limited duration use is consistent with all applicable provisions of the General Plan, any applicable
specific plan, this Code, and other City regulations.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited term
permit is contingent upon compliance with applicable provisions of this Code and the successful granting of all
required permits from any other department or governing agency; and
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Section 43: The Table of Contents for Chapter 20.60 (Administrative Responsibility) of the Code is
amended to read as follows:
Chapter 20.60
ADMINISTRATIVE RESPONSIBILITY
Sections:
20.60.010 Purpose.
20.60.020 City Council.
20.60.030 Planning Commission.
20.60.040 Hearing Officer.
20.60.050 Zoning Administrator.
20.60.060 Community Development Director.
Section 44: Section 20.60.010 (Purpose) of Chapter 20.60 (Administrative Responsibility) of Title 20
(Planning and Zoning) of the Code is amended to read as follows:
20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning
Commission, Hearing Officer, Zoning Administrator, and Community Development Director in the administration
of this Zoning Code.
Section 45: Subsection (B) of Section 20.60.020 (City Council) of Chapter 20.60 (Administrative
Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.020 City Council.
B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it deems
necessary to implement the General Plan and this Code standards that apply to development and to further the
public health, safety, and general welfare of the community.
Section 46: Subsections (B) and (C) of Section 20.60.030 (Planning Commission) of Chapter 20.60
(Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.60.030 Planning Commission.
B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law, the
City Charter, and this Code, including the following:
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions it
deems necessary to implement the General Plan and this Code standards that apply to development and to
further the public health, safety, and general welfare of the community.
Section 47: Subsection (C) of Section 20.60.040 (Hearing Officer) of Chapter 20.60 (Administrative
Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
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20.60.040 Hearing Officer.
C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose conditions
deemed necessary to implement the General Plan and this Code’s standards that apply to development and to
further the public health, safety, and general welfare of the community.
Section 48: Subsection (B)(1) and (C) of Section 20.60.050 (Zoning Administrator) of Chapter 20.60
(Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.60.050 Zoning Administrator.
B. 1 The Zoning Administrator shall have the authority to investigate and make decisions on the applications
identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and this Code as well as the
following:
C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose
conditions it deems necessary to implement the General Plan and this Code’s standards that apply to
development and to further the public health, safety, and general welfare of the community.
Section 49: The title to Section 20.60.060 (Planning Director) of Chapter 20.60 (Administrative
Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.060 Community Development Director.
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Chapter 20.64
APPEALS
Section 50: Subsection (B)(1) of Section 20.64.030 (Filing and Processing of Appeals and Calls for Review) of
Chapter 20.64 (Appeals and Calls for Review) of Title 20 (Planning and Zoning) of the Code is amended to read
as follows:
20.64.030 Filing and Processing of Appeals and Calls for Review.
B. 1 Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk,
as applicable, within fourteen (14) days following the date the action or decision was rendered unless a different
period of time is specified by this Code (e.g., Title 19 allows ten (10) day appeal period for tentative parcel and
tract maps, lot line adjustments, or lot mergers).
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Chapter 20.70
DEFINITIONS
Section 51: Section 20.70.010 (Purpose of Part) of Chapter 20.70 (Definitions) of Title 20 (Planning and
Zoning) of the Code is amended to read as follows:
20.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Zoning Code that are technical or specialized, or
that may not reflect common usage. If the definitions in this part conflict with definitions in other provisions of
this Code, these definitions shall control for the purposes of this Zoning Code. If a word is not defined in this part,
or elsewhere in this Zoning Code, the most common dictionary definition is presumed to be correct.
Section 52: The following definitions in Section 20.70.020 (Definitions of Specialized Terms and Phrases) of
Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.70.020 Definitions of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Section
50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Section 50053.
“Alcohol sales, off-sale, accessory only (land use)” means an establishment that has all of the following
characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises where sold,
served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off-sale beer and wine—package
store) or License Type 21 (off-sale general—package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area for
alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples
include drug stores, grocery stores, and supermarkets, but do not include convenience markets.
Animal-Keeping (Land Use).
3. “Animal, wild” means an animal that is not customarily confined or cultivated by man for domestic or
commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed
only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR Section 671
(Importation, Transportation and Possession of Live Restricted Animals).
“Area median income” means the median income, adjusted for family size, applicable to Orange County,
established by the U.S. Department of Housing and Urban Development, and published annually by the California
Department of Community Development in the 25 CCR Section 6932.
“California Environmental Quality Act (CEQA)” means a State law (Cal. Pub. Resources Code Section 21000 et
seq.).
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“Condominium” means a form of property ownership providing for individual ownership of space in a structure
together with an individual interest in the land or other parts of the structure in common with other owners.
Includes a condominium project, community apartment project, or stock cooperative, as defined in Cal. Civ. Code
Section 1351.
“Demolition” means:
the deliberate removal or destruction of the frame or foundation of a portion of a structure.
“Director” means the City of Newport Beach Community Development Director or a duly designated
representative of the Director, referred to as the “Director.”
“Dwelling unit, accessory (land use)” means a dwelling unit accessory to and attached to, detached from, or
contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007.
“Emergency shelter (land use)” means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with
minimal supportive services for homeless persons.
“Explosives” means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for
which a permit is required by the Cal. Health & Saf. Code. See also “Hazardous materials.”
“Final map” means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2,
and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov. Code Section 66410 et
seq.), that is used to complete the subdivision of five (5) or more lots. See also “Parcel map” and “Tentative map.”
“General Plan” means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the
City Council under the provisions of Cal. Gov. Code Section 65300 et seq., and referred to in this Zoning Code as
the “General Plan.”
“Lot line adjustment” means, as provided in the Subdivision Map Act (Cal. Gov. Code Section 66412(d)), a lot line
adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken
from one lot is added to an adjacent lot and where no more lots are created than originally existed.
“Municipal Code” means the Newport Beach Municipal Code of the City of Newport Beach, as amended.
“Parcel map” means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov.
Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also “Final
map” and “Tentative map.”
Parks and Recreational Facilities (Land Use).
Parolee-Probationer. A parolee-probationer includes: (a) any individual who has been convicted of a federal
crime, sentenced to a United States prison, and received conditional and revocable release in the community
under the supervision of a federal parole officer; (b) any individual who has served a term of imprisonment in a
State prison and who is serving a period of supervised community custody, as defined in Cal. Pen. Code Section
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3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services
Division; (c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received
conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer;
or (d) any individual who has been convicted of a felony, sentenced to any correctional facility, including County
correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer.
For the purposes of this definition, “felony” means a felony as defined by any California or United States statute.
“Public trust lands” means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries,
recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of
navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and
which were subject to the public trust at any time (14 CCR Section 13577). See “Submerged lands” and
“Tidelands.”
“SB 9 housing development (land use)” means a residential development that contains two new dwelling units
or proposes to add one new dwelling unit on a lot designated for single-family residential use with one existing
dwelling unit, pursuant to Cal. Gov. Code Section 65852.21.
“Senior citizen housing development” means a residential development developed, substantially rehabilitated,
or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least
thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Section 51.3(b)(4).
“Specific plan” means, under Cal. Gov. Code Section 65450 et seq., a policy statement and implementation tool
adopted by the City Council that addresses a single project or planning problem. A specific plan may include
detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for
the systematic implementation of a General Plan element(s).
“Subdivision Map Act” means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, as
amended, regarding the subdivision of real property.
“Submerged lands” means lands that lie below the line of mean low tide (14 CCR Section 13577). See “Public
trust lands.”
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population,
as defined by Cal. Health & Saf. Code Section 53260(d), and that is linked to on-site or off-site services that assist
the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when
possible, to work in the community. Supportive housing that is provided in single-, two-, or multi-family dwelling
units, group residential, parolee-probationer home, residential care facilities, or boarding house uses shall be
permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family
dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses
under this code.
“Tentative map” means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code
Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided
before approval of a final map. See also “Final map” and “Parcel map.”
“Tidelands” means lands that are located between the lines of mean high tide and mean low tide (14 CCR Section
13577). See “Public trust lands.”
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“Urban lot splits (land use)” means the subdivision of an existing, legally subdivided lot intended for single-family
residential use to create one new additional lot, pursuant to Cal. Gov. Code Section 66411.7.
Visitor Accommodations (Land Use).
2. “Hotel” means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping
purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include
conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not
contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen
facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev. &
Tax. Code Section 7280.
3. “Motel” means an establishment that provides guest rooms for a fee to transient guests for sleeping
purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct
independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under
Cal. Rev. & Tax. Code Section 7280.
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Section 53: The Table of Contents for Chapter 20.80 (Maps) of the Code is amended to read as
follows:
Chapter 20.80
MAP
Section 54: Section 20.80.020 (Bluff Overlay) of Chapter 20.80 (Maps) of the Code is amended to
read as follows:
20.80.020 Bluff overlay.
Bluff Overlay, Development Area Map (Section 20.28.040):
B-1 – Kings Place (PDF)
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Chapter 20.90
SANTA ANA HEIGHTS SPECIFIC PLAN
Section 55: Subsection (D) of Section 20.90.040 (Land Use Regulations) of Chapter 20.90 (Santa
Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.040 Land Use Regulations.
D 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels,
convalescent homes and hospitals) shall be sound attenuated against present and projected noise, which shall
be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five (45) dB CNEL in all
habitable rooms. In conjunction with this construction, all associated outdoor living areas shall be sound
attenuated, if necessary, against present and projected highway noise so as not to exceed a standard of sixty-five
(65) dB CNEL. Prior to the issuance of any building permits for such development, an acoustical analysis report
describing the sound attenuation measures required to satisfy the noise standards shall be prepared by a City-
approved acoustical consultant and submitted to the Community Development Director for approval. The report
shall include satisfactory evidence indicating that the sound attenuation measures have been incorporated into
the design of the project.
2. All nonresidential structures shall be sound attenuated against the combined impact of all present and
projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General Plan
Noise Element. Prior to the issuance of any building permits, evidence prepared by a City-approved acoustical
consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall
be submitted to the Community Development Director in the form of an acoustical analysis report describing in
detail the exterior noise environment and the acoustical design features required to achieve the interior noise
standard and which indicate that the sound attenuation measures specified have been incorporated into the
design of the project.
3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface pursuant
to FAR Part 77.13, the project applicant shall submit a “Notice of Proposed Construction” to the Federal Aviation
Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA. Upon completion of the
FAA Aeronautical Study, the project applicant shall submit evidence to the Community Development Director
that restrictions and conditions, if any, imposed on the project by the FAA have been incorporated into the design
of the project.
4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the project
area pertinent to the Airport Land Use Commission’s (ALUC) John Wayne Airport “Airport Environs Land Use
Plan” shall be referred to ALUC until such time as the City becomes a “Consistent Local Agency” as defined by
ALUC. For purposes of this requirement, the term “project” shall include those applications requiring
discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or condominium
conversions. Such projects shall not include minor modifications, such as remodels and additions to single-family
dwelling units with no intensification of development.
Section 56: Subsection (C)(5) of Section 20.90.050 (Open Space and Recreation District: SP-7 OSR))
of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read
as follows:
20.90.050 Open Space and Recreation District: SP-7 (OSR).
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C 5. Any other accessory use or structure which the Community Development Director finds consistent with
the purpose and intent of this district.
Section 57: Subsection (D)(9) of Section 20.90.060 (Residential Equestrian District: SP-7 (REQ)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as
follows:
20.90.060 Residential Equestrian District: SP-7 (REQ).
D 9 Any other accessory use or structure which the Community Development Director finds consistent with
the purpose and intent of this District.
Section 58: Subsection (D)(9) and (F)(4)(b)(iii) of Section 20.90.070 (Residential Kennel District: SP-
7 (RK)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code are
amended to read as follows:
20.90.070 Residential Kennel District: SP-7 (RK).
D 9. Any other accessory use or structure which the Community Development Director finds consistent with
the purpose and intent of this district.
F. 4 b iii Within those areas where fences and walls are limited to a maximum height of three and one-half (3 ½)
feet per this Code.
Section 59: Subsection (G) of Section 20.90.070 (Residential Kennel District: SP-7 (RK)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
G. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a
commercial kennel may be approved administratively by the Community Development Director, and shall not
require an acoustical analysis report per subsection (G)(2) of this section if all of the following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10) percent from
that shown on the current plot plan;
b. The proposed change does not increase the number of dog runs from that shown on the current plot plan;
c. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet supplies,
training classes) allowed by the current permit and does not provide for any additional accessory uses;
d. The proposed change is consistent with the setback standards for kennel facilities as set out in subsection
(F) of this section; and
e. The proposed change satisfies the required findings for use permits in Part 5 of this title.
2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a use
permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise generating
potential of the proposed project and proposed attenuation measures to assure compliance with Chapter 10.26
(Community Noise Control). The report shall be prepared by a City-approved acoustical consultant and submitted
to the Community Development Director for review and approval. The approved attenuation features shall be
incorporated into the plans and specifications of the project.
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Section 60: Subsections (D)(7)(a) and (D)(7)(b) of Section 20.90.080 (Residential Single-Family
District: SP-7 (RSF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code
are amended to read as follows:
20.90.080 Residential Single-Family District: SP-7 (RSF).
D 7 a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds and
not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards: pens,
cages, and other structures specifically for the keeping of animals other than in the residence shall be located at
least twenty-five (25) feet from any residential window located on an adjoining building site. Exceptions to the
above may be provided for by a use permit approved by the Community Development Director.
b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian District
(REQ); provided, that no horse shall be permitted on a building site containing less than ten thousand (10,000)
square feet of land area, and pens, cages, and other structures specifically for the keeping of horses shall be
located at least fifty (50) feet from any residential window located on an adjoining building site. One or two adult
horses are permitted on a building site containing between ten thousand (10,000) and fifteen thousand (15,000)
square feet of land area. One additional adult horse may be kept for each additional ten thousand (10,000)
square feet, with a maximum of six (6) horses on any one building site. The offspring of such animals shall be
considered adults when eight (8) months old. Exceptions to the above may be provided for via a use permit
approved by the Community Development Director.
Section 61: Subsection (D)(9) of Section 20.90.080 (Residential Single-Family District: SP-7 (RSF)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as
follows:
D 9. Any other accessory use or structure which the Community Development Director finds consistent with
the purpose and intent of this district.
Section 62: Subsection (D)(7) of Section 20.90.090 (Residential Multiple-Family District: SP-7
(RMF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
20.90.090 Residential Multiple-Family District: SP-7 (RMF).
D 7. Any other accessory use or structure which the Community Development Director finds consistent with
the purpose and intent of this district.
Section 63: Subsection (D)(4) of Section 20.90.100 (Horticultural Nursery District: SP-7) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.100 Horticultural Nursery District: SP-7 (HN).
D 4. Any other accessory uses or structures which the Community Development Director finds consistent with
the purpose and intent of this district.
Section 64: Subsection (D)(4) of Section 20.90.110 (General Commercial District: SP-7 (GC)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as
follows:
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20.90.110 General Commercial District: SP-7 (GC).
D 4. Any other accessory uses or structures which the Community Development Director finds consistent with
the purpose and intent of this district.
Section 65: Subsection (F)(11)(a)(v) of Section 20.90.110 (General Commercial District: SP-7 (GC))
of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read
as follows:
F 11 a v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall
be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two feet within
eighteen (18) months after initial installation. Permanent watering facilities shall be provided. If, eighteen (18)
months after installation, plant materials have not formed an opaque screen or if an opaque screen is not
maintained, the Community Development Director shall require that either walls, berms, or a solid fence be
installed.
Section 66: Subsection (C)(2) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.120 Business Park District: SP-7 (BP).
C 2. The following additional temporary uses are permitted subject to approval of a limited term permit per
Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary structures directly
associated with these uses, in compliance with the site development standards identified below. A cash bond in
the amount of five hundred dollars ($500.00) for each temporary structure shall be posted with the Community
Development Director to guarantee the removal of each temporary structure upon the expiration of the use
permit.
b. Commercial coaches serving as temporary office space. A cash bond in the amount of five hundred dollars
($500.00) for each commercial coach unit shall be posted with the Community Development Director to
guarantee the removal of each commercial coach unit upon expiration of the use permit.
c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a minor use
permit. Such building site shall conform with the parking requirements and site development standards
contained in Chapter 20.40 and the site development standards contained in this section.
d. Any other uses which the Community Development Director finds consistent with the purpose and intent of
this District.
Section 67: Subsection (C)(4)(f) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
C 4 f. Any use which the Community Development Director finds would result in conditions or circumstances
contrary to public health, safety and general welfare.
Section 68: Subsection (C)(6)(a) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
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C 6. a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six (6) feet in height along
the side property line and at eight (8) feet in height maximum along the rear property line, measured from the
highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District, an eight-foot-
high wall shall be required. In addition, a front wall or fence may be required at the discretion of the Community
Development Director. Fence or wall materials and height shall be subject to approval at the discretion of the
Community Development Director. However, open chain link or chain link with wooden or plastic slats shall be
prohibited.
Section 69: Subsection (D)(5) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
D 5. Any other accessory use or structure which the Community Development Director finds consistent with
the purpose and intent of this district.
Section 70: Subsection (E)(11) of Section 20.90.120 (Business Park District: SP-7 (BP)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
E 11. Any use which the Community Development Director finds would result in conditions or circumstances
contrary to public health, safety and general welfare.
Section 71: Subsection (D)(3) of Section 20.90.130 (Professional and Administrative Office District:
SP-7 (PA)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
20.90.130 Professional and Administrative Office District: SP-7 (PA).
D 3. Accessory uses and structures which the Community Development Director finds consistent with the
purpose and intent of this district.
Section 72: Subsection (C)(3)(b) of Section 20.90.170 (Fire Facility Overlay District: (FF)) of Chapter
20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.170 Fire Facility Overlay District: (FF).
C 3 b. The site shall not be excessively illuminated based on the luminance recommendations of the
Illuminating Engineering Society of North America, or, if in the opinion of the Community Development Director,
the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources.
The Community Development Director may order the dimming of light sources or other remediation upon finding
that the site is excessively illuminated.
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Section 73: The Table of Contents for Title 21 (Local Coastal Program Implementation Plan) of the
Code is amended to read as follows:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Chapters:
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV, OG)
21.22 Mixed-Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St., MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
Part 3. Site Planning and Development Standards
21.30 Property Development Standards
21.30A Public Access and Recreation
21.30B Habitat Protection
21.30C Harbor and Bay Regulations
21.35 Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off-Street Parking
21.44 Transportation and Circulation
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunications Facilities
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Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions
Part 6. Implementation Plan Administration
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Definitions
21.70 Definitions
Part 8. Maps
21.80 Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
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Chapter 21.10
PURPOSE AND APPLICABILITY OF THE IMPLEMENTATION PLAN
Section 74: Subsection (A) of Section 21.10.030 (Authority-Relationship to Coastal Land Use Plan)
of Chapter 21.10 (Purpose and Applicability of the Implementation Plan) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
21.10.030 Authority—Relationship to Coastal Land Use Plan.
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850 et seq.
of the Cal. Gov. Code, Division 20 of the Cal. Pub. Resources Code (California Coastal Act), and 14 CCR Section
13001 et seq. (California Coastal Commission Regulations).
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Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
Section 75: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals May Be
Required) of Chapter 21.16 (Development and Land Use Approval Requirements) of Title 21 (Local Coastal
Program Implementation Plan) of the Code is amended to read as follows:
21.16.060 Additional Permits and Approvals May Be Required.
A. 1 Other provisions of this Code (e.g., conditional use permits, minor use permits, limited-term permits, site
development review, zoning clearances, building permits, grading permits, other construction permits, live
entertainment permit, or a business license); or
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Chapter 21.18
RESIDENTIAL COASTAL ZONING DISTRICT ( R-A, R-1, R-BI, R-2, AND RM)
TABLE 21.18-4 Notes
Section 76: Note (7) of Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts
General Development Standards) of Chapter 21.18 (Residential Coastal Zoning District (R-A, R-1, R-BI, R-2, AND
RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and
moderate-income households and senior citizens in compliance with Cal. Gov. Code Sections 65915 through
65917. Any housing development approved pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the
maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable
Local Coastal Program policies and development standards.
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Chapter 21.22
MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)
TABLE 21.22-3 Notes
TABLE 21.22-4 Notes
Section 77: Note (6) of Table 21.22-3 of Section 21.22.030 (Mixed-Use Coastal Zoning Districts
General Development Standards) of Chapter 21.22 (Mixed-Use Coastal zoning Districts (MU-V, MU-MM, MU-
CV/15TH ST., MU-W1, MU-W2)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended
to read as follows:
(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and
moderate-income households and senior citizens in compliance with Cal. Gov. Code Sections 65915 through
65917. Any housing development approved pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the
maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable
Local Coastal Program policies and development standards.
Section 78: Note (7) of Table 21.22-4 of Section 21.22.030 (Mixed-Use Coastal Zoning Districts
General Development Standards) of Chapter 21.22 (Mixed-Use Coastal zoning Districts (MU-V, MU-MM, MU-
CV/15TH ST., MU-W1, MU-W2)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended
to read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-, and
moderate-income households and senior citizens in compliance with Cal. Gov. Code Sections 65915 through
65917. Any housing development approved pursuant to Cal. Gov. Code Section 65915 shall be consistent, to the
maximum extent feasible, and in a manner most protective of coastal resources, with all otherwise applicable
Local Coastal Program policies and development standards.
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Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS)
Section 79: Subsection (C)(2) of Section 21.26.045 (Planned Community Coastal Zoning District
Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)) of Title 21
(Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.26.045 Planned Community Coastal Zoning District Land Uses.
C 2 Subject to approval of the Community Development Director after a determination that the parking
provided is adequate to serve demand and that the uses will not adversely impact other land uses in the area.
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Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C AND H)
Section 80: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park (MHP) Overlay
Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of Title 21
(Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
A 1. Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile Home
Parks Act (Cal. Health & Saf. Code Section 18300) and the California Coastal Act (Cal. Pub. Resources Code Division
20).
C 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of the use
on the displaced residents of the mobile home park has been prepared, reviewed, and found to be acceptable
and consistent with the provisions of the Cal. Gov. Code.
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Chapter 21.30
PROPERTY DEVELOPMENT STANDARDS
Section 81: Subsections (B)(1)(b) and (B)(5) of Section 21.30.105 (Cultural Resource Protection) of
Chapter 21.30 (Property Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of
the Code are amended to read as follows:
21.30.105 Cultural Resource Protection.
B 1 b. A site where evidence of potentially significant historical resources is found in an initial study conducted
in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub. Resources Code Section 21000 et
seq.).
B 5. Offer for Relocation of Historic Structure. Before issuance of a permit by the Community Development
Director for the demolition of an historic structure the applicant shall first offer the structure for relocation by
interested parties.
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Chapter 21.30A
PUBLIC ACCESS AND RECREATION
Section 82: Subsection (B)(1) of Section 21.30A.040 (Determination of Public Access/Recreation
Impacts) of Chapter 21.30A (Public Access and Recreation) of Title 21 (Local Coastal Program Implementation
Plan) of the Code is amended to read as follows:
21.30A.040 Determination of Public Access/Recreation Impacts.
B. 1 Land Use. The project’s impact on use of private lands suitable for visitor-serving commercial recreational
facilities designed to enhance public opportunities for coastal recreation and other priority uses specified in Cal.
Pub. Resources Code Sections 30222 and 30223.
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Chapter 21.30B
HABITAT PROTECTION
Section 83: Subsections (B)(1) and (D) of Section 21.30B.040 (Wetlands, Deepwater Areas, and
Other Water Areas) of Chapter 21.30B (Habitat Protection) of Title 21 (Local Coastal Program Implementation
Plan) of the Code are amended to read as follows:
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas.
B. 1 Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland
boundaries contained in 14 CCR Section 13577(b
D. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal waters,
wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the Cal. Pub. Resources
Code (Coastal Act) and Section 21.30B.040(E)(2).
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Chapter 21.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Section 84: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Title 21 (Local
Coastal Program Implementation Plan) of the Code is repealed in its entirety.
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Chapter 21.38
NONCONFORMING USES AND STRUCTURES
Section 85: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter 21.38
(Nonconforming Uses and Structures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is
amended to read as follows:
21.38.070 Landmark Structures.
D 3. Any permit required by other titles of this Code (other than this title) shall be obtained before the initiation
or intensification of an accessory use of a landmark structure;
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Chapter 21.44
TRANSPORTATION AND CIRCULATION
Section 86: Subsection (C) of Section 21.44.045 (Vacation and Abandonments) of Chapter 21.44
(Transportation and Circulation) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended
to read as follows:
21.44.045 Vacations and Abandonments.
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or
abandonment pursuant to Cal. Sts. & Hy. Code Sections 8300 through 8363 and by filing an application for a
coastal development permit pursuant to Chapters 21.50 and 21.52.
Section 87: Subsections (A) and (B) of Section 21.44.055 (Temporary Street Closures) of Chapter 21.44
(Transportation and Circulation) of Title 21 (Local Coastal Program Implementation Plan) of the Code are
amended to read as follows:
21.44.055 Temporary Street Closures.
A. General. Temporary closing of portions of any street for celebrations, parades, local special events, and other
purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the Cal. Veh. Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of no more than twenty-
four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of the Police Chief,
the closure is necessary to protect the public safety. In no event shall any street closure prevent or interfere with
the public’s access to the beach or bay.
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Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
Section 88: Subsections (A), (B)(4), and (J) of Section 21.48.200 (Accessory Dwelling Units) of Chapter 21.48
(Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the Code are
amended to read as follows:
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling
units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in Cal. Gov. Code
Sections 65852.2 and 65852.22, in areas designated for residential use, including as part of a planned community
development plan or specific plan, and to provide development standards to ensure the orderly development of
these units in appropriate areas of the City.
B. 4 Required to correct a legally established nonconforming zoning condition. This does not prevent the City
from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Section
17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residential
or mixed-use properties that are determined to be historic shall be approved ministerially, in conformance with
Cal. Gov. Code Sections 65852.2 and 65852.22. However, any accessory dwelling unit or junior accessory dwelling
unit that is listed on the California Register of Historic Resources shall meet all Secretary of the Interior standards,
as applicable.
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Chapter 21.49
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 89: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49 (Wireless Telecommunication
Facilities) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.49.030 Definitions.
R. Wireless Tower. “Wireless tower” means any structure built for the sole or primary purpose of supporting
antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed
pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the California Public Utilities
Commission on a water tower, utility tower, streetlight, or other structures built or rebuilt or replaced primarily
for a purpose other than supporting wireless services authorized by the FCC, including any structure installed
pursuant to Cal. Pub. Util. Code Section 7901, is not a wireless tower for purposes of this definition. For an
example only, a prior-existing streetlight standard which is replaced with a new streetlight standard to permit
the addition of antennas shall not be considered a wireless tower, but rather a replacement streetlight standard.
Section 90: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050 (General Development and
Design Standards)) of Chapter 21.49 (Wireless Telecommunication Facilities) of Title 21 (Local Coastal Program
Implementation Plan) of the Code are amended to read as follows:
21.49.050 General Development and Design Standards.
F 3 b. New or replacement vertical structures may be allowed when authorized by this Code and approved by
the Public Works Department. Replacement poles or streetlights shall be consistent with the size, shape, style,
and design of the existing pole, including any attached light arms. New poles or streetlights may be installed,
provided they match existing or planned poles within the area.
F 6 b i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the support
equipment shall be placed underground if required by other provisions of this Code. Flush-to-grade underground
vault enclosures, including flush-to-grade vents, or vents that extend no more than twenty-four (24) inches above
the finished grade and are screened from public view, may be incorporated. Electrical meters required for the
purpose of providing power for the proposed telecom facility may be installed above ground on a pedestal in a
public right-of-way provided they meet applicable standards of Title 13 unless otherwise precluded by this Code.
J 2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with this Code.
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Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
TABLE 21.50-1 Notes
Section 91: Note (7) of Table 21.50-1 (Review Authority) of Section 21.50.020 (Authority for Decisions) of
Chapter 21.50 (Permit Application Filing and Processing) of Title 21 (Local Coastal Program Implementation Plan)
of the Code is amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as described in Cal. Pub. Resources
Code Section 30519(b) and in deferred certification areas designated by the Local Coastal Program shall require
a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission,
in addition to other permits or approvals required by the City.
Section 92: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by Jurisdictional Boundaries) of
Chapter 21.50 (Permit Application Filing and Processing) of Title 21 (Local Coastal Program Implementation Plan)
of the Code are amended to read as follows:
21.50.025 Projects Bisected by Jurisdictional Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is located
within both the Coastal Commission’s and City’s coastal development permit jurisdictions, coastal development
permits are required by both the City and the Coastal Commission. Alternatively, if the applicant, the City and
the Coastal Commission agree, the Coastal Commission can process a consolidated coastal development permit
application pursuant to the procedures in Cal. Pub. Resources Code Section 30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of the
City and another local government, the applicant must obtain separate coastal permits from each jurisdiction.
An exception is possible for public agencies that, pursuant to Cal. Pub. Resources Code Section 30605, may obtain
one “Public Works Plan” approval from the Coastal Commission, in lieu of locally issued coastal permits.
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Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
Section 93: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is
consistent with the California Coastal Act of 1976 (Division 20 of the Cal. Pub. Resources Code) as amended, in
accordance with the City’s Local Coastal Land Use Plan and the City’s Local Coastal Program. The provisions of
this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this
chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a
proposal in the City’s permitting jurisdiction constitutes development and whether or not that development
requires a coastal development permit or is exempt. No provision contained in any other chapter of the
Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations.
Section 94: Subsections (B)(1) and (H) of Section 21.52.015 (Coastal Development Permits) of Chapter 21.52
(Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code
are amended to read as follows:
21.52.015 Coastal Development Permits.
B 1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged
lands, and public trust lands as described in Cal. Pub. Resources Code Section 30519(b) and in deferred
certification areas designated by the certified Local Coastal Program require a permit or exemption issued by the
Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal
Commission permit jurisdiction and deferred certification areas are generally depicted on the Post-LCP
Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City’s final local action on an exemption
or coastal development permit application and meeting the requirements of 14 CCR Section 13570, a notice of
its final action shall be sent, by first class mail, to the applicant, the Coastal Commission, and any persons who
specifically request such notice by submitting a self-addressed, stamped envelope to the City. Such notice shall
be accompanied by a copy of the exemption, denial, or coastal development permit approval with conditions of
approval and written findings and the procedures for appeal of the action to the Coastal Commission.
Section 95: The introductory paragraph to Subsection (C) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21
(Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
C. Coastal Act Exemptions. Developments not located within the Coastal Commission’s permit jurisdiction
determined to be exempt from the coastal development permit requirements pursuant to Cal. Pub. Resources
Code Section 30610. The following types of projects shall be so exempted unless they involve a risk of adverse
environmental effects:
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Section 96: Subsection (C)(1)(d)(i) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
C 1 d i. An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site or an
additional improvement of ten (10) percent or less where an improvement to the structure has previously been
undertaken pursuant to Cal. Pub. Resources Code Section 30610(a) and/or this subsection.
Section 97: Subsection (C)(2)(d)(i) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
C 2 d i. An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the building
site or an additional improvement of ten (10) percent or less where an improvement to the structure has
previously been undertaken pursuant to Cal. Pub. Resources Code Section 30610(a) and/or this subsection.
Section 98: Subsection (C)(4)(d) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
C 4 d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-family residence,
seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance
under Cal. Pub. Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a
coastal development permit.
Section 99: Subsection (C)(7) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
C 7. Time-Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any
existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section 11003.5
of the Cal. Bus.& Prof. Code. If any improvement to an existing structure is otherwise exempt from the permit
requirements of this part, no coastal development permit shall be required for that improvement on the basis
that it is to be made in connection with any conversion exempt pursuant to this subsection. The division of a
multiple-unit residential structure into condominiums, as defined in Section 783 of the Cal. Civ. Code, shall not
be considered a time-share project, estate, or use for purposes of this subsection.
Section 100: Subsection (C)(8) of Section 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is added to read as follows:
C 8. Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of
airspace within two-unit or multi-unit dwellings for condominium purposes.
Section 101: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.52.045 Categorical Exclusions.
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A. Post-Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion after
certification of this Implementation Plan pursuant to Cal. Pub. Resources Code Sections 30610(e) or 30610.5 and
14 CCR Section 13215 et seq. and 14 CCR Section 240 et seq. Records of such categorical exclusions shall be kept
on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any person
who has requested such notice within five (5) business days of issuance. The notice of exclusion may be issued
at the time of project application but shall not become effective until all other approvals and permits required
for the project are obtained. A copy of all terms and conditions imposed by the City shall be provided to the
Coastal Commission, per 14 CCR Section 13315.
Section 102: Subsection (A) of Section 21.52.075 (Coastal Commission Review of Recorded Access
Documents) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for
development, and where issuance of the permit or authorization is conditioned upon the applicant recording a
legal document which restricts the use of real property or which offers to dedicate or grant an interest or
easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal
documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and
approval prior to the issuance of the permit consistent with the following procedures and 14 CCR Section 13574:
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Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
Section 103: Subsection (B) of Section 21.54.030 (Effective Date of Permits-Notice of Final Action) of Chapter
21.54 (Permit Implementation, Time Limits, and Extensions) of Title 21 (Local Coastal Program Implementation
Plan) of the Code is amended to read as follows:
21.54.030 Effective Date of Permits—Notice of Final Action.
B. Notice of Final Action. Final City action on permits for sites located within the City’s coastal zone shall be
documented by the notice of final local action which the City sends to the Coastal Commission within seven days
of the City’s final action on a CDP application and compliance with 14 CCR Section 13570.
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Chapter 21.64
APPEALS AND CALLS FOR REVIEW
Section 104: The introductory paragraph of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter
21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is
amended to read as follows:
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development as
defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with this
section and 14 CCR Sections 13111 through 13120 and Coastal Act Section 30603. If there is any conflict between
the provisions of this section or 14 CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act, 14
CCR Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
Section 105: Subsection (A) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended
to read as follows:
A. Appealable Development—Cal. Pub. Resources Code Section 30603(a). A decision by the City on a coastal
development permit application within the appeal areas identified in Cal. Pub. Resources Code Section 30603(a)
as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development
approved or denied by the City on a coastal development permit application for a project that constitutes a major
public works project or energy facility may be appealed to the Coastal Commission.
Section 106: Subsection (B) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended
to read as follows:
1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two members of the
Coastal Commission in compliance with Cal. Pub. Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub. Resources Code Section 30801, an aggrieved person is
any who, in person or through a representative, appeared at a public hearing held before the Zoning
Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by
other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good
cause was unable to do either.
Section 107: Subsection (C) of Section 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended
to read as follows:
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on
a coastal development permit application to the Coastal Commission only after exhausting all appeals to the
Planning Commission and Council in compliance with this chapter. Exhaustion of all local appeals shall not apply
to any circumstance identified in 14 CCR Section 13573(a), including, but not limited to, the following
circumstances:
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1. An appellant was denied the right of the initial local appeal under this chapter because City notice and
hearing procedures did not comply with 14 CCR Section 13573; or
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR Section 13573(b), there shall be no requirement of exhaustion of local
appeals when an appeal of a City decision is filed by two members of the Coastal Commission in compliance with
Cal. Pub. Resources Code Section 30625. Notice of a Coastal Commissioners’ appeal shall be transmitted to the
City in compliance with 14 CCR Section 13111(d). The Director may transmit the Commissioners’ appeal to the
local appellate body (which considers appeals from the local body that rendered the final decisions subject to
the Commissioner appeal), and the Commissioners’ appeal may be suspended pending a decision on the merits
by that local appellate body. If the final action by an appellate body modifies or reverses the previous decision,
the Coastal Commissioners shall be required to file a new appeal from that decision.
Section 108: The introductory sentence to Subsection (D) of Section 21.64.035 (Appeal to the Coastal
Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation
Plan) of the Code is amended to read as follows:
D. Grounds for Appeal to Coastal Commission—Cal. Pub. Resources Code Section 30603. The grounds for an
appeal to the Coastal Commission of a City final action on a coastal development permit application are as
follows:
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Chapter 21.68
ENFORCEMENT
Section 109: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68 (Enforcement) of Title 21
(Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this chapter,
the provisions of Cal. Pub. Resources Code Division 20, Chapter 9 shall also apply with respect to violations and
enforcement and the City and the Commission shall have the enforcement powers described therein.
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Chapter 21.70
DEFINITIONS
Section 110: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal
Program Implementation Plan) of the Code is amended to read as follows:
21.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Implementation Plan that are technical or
specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions in other
provisions of this Code, these definitions shall control for the purposes of this Implementation Plan. If a word is
not defined in this part, or elsewhere in this Implementation Plan, the most common dictionary definition is
presumed to be correct.
Section 111: The following definitions in Section 21.70.020 (Definitions of Specialized Terms and Phrases) of
Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to
read as follows:
21.70.020 Definitions of Specialized Terms and Phrases.
“Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing
held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action
appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their
concerns or who for good cause was unable to do either (Cal. Pub. Resources Code Section 30801).
“Alcohol sales, off-sale, accessory only (land use)” means an establishment that has all of the following
characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises
where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off-sale beer and wine—
package store) or License Type 21 (off-sale general—package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display area
for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use. Illustrative examples
include drug stores, grocery stores, and supermarkets, but do not include convenience markets.
“Review authority” means the individual or official City or State body identified by this Implementation Plan as
having the responsibility and authority to review and approve or disapprove ministerial and discretionary permit
applications described in this Implementation Plan. Includes the Newport Beach City Council (“Council”), the
Planning Commission (“Commission”), the Community Development Director (“Director”), the Zoning
Administrator (“Zoning Administrator”), the Community Development Department (“Department”), the City
Traffic Engineer, the Public Works Director and the California Coastal Commission (“Coastal Commission”).
Animal-Keeping (Land Use).
3. “Animal, wild” means an animal that is not customarily confined or cultivated by man for domestic or
commercial purposes but kept for display. Includes an animal that may be imported, transported, or possessed
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only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR Section 671
(Importation, Transportation and Possession of Live Restricted Animals).
“Area median income” means the median income, adjusted for family size, applicable to Orange County,
established by the U.S. Department of Housing and Urban Development, and published annually by the California
Department of Community Development in the 25 CCR Section 6932.
“California Environmental Quality Act (CEQA)” means a State law (Cal. Pub. Resources Code Section 21000 et
seq.).
“Categorical exclusion area” means that portion of the coastal zone within an exclusion area boundary adopted
in compliance with the California Coastal Act (Cal. Pub. Resources Code Section 30000 et seq.).
“Categorical exclusion order” means a decision issued by the California Coastal Commission in compliance with
the Coastal Act (Cal. Pub. Resources Code Section 30610(e)), in which the Coastal Commission excludes certain
categories of development from requirements to obtain coastal development permits from the Coastal
Commission. A categorical exclusion order automatically terminates upon the effective date of the delegation of
development review authority to a local government in compliance with 14 CCR Section 13249(b).
“Categorical exemption” means, as defined by 14 CCR Section 15354 of the State CEQA Guidelines, an exemption
from CEQA for a class of projects based on a finding by the Secretary of Resources that the class of projects does
not have a significant effect on the environment.
“Coastal Commission” means the California Coastal Commission, the State agency established by State law
responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Cal. Pub. Resources
Code Section 30000 et seq.) and for appellate review of decisions rendered by a City review authority.
“Coastal Commission exclusion areas” means the boundaries of the areas where a category of development, or
a category of development within a specifically defined geographic area, is excluded from the coastal
development permit requirements pursuant to Cal. Pub. Resources Code Section 30610, which shall be
established by the terms and conditions applied to each categorical exclusion order by the Coastal Commission.
“Coastal Commission permit jurisdiction” means the boundaries of tidelands, submerged lands, and public trust
lands described in Section 30519(b) of the Cal. Pub. Resources Code where the Coastal Commission retains
permit jurisdiction.
“Coastal-dependent development or use” means any development or use which requires a site on, or adjacent
to, the sea to be able to function at all (from Cal. Pub. Resources Code Section 30101).
“Coastal development permit (CDP)” means a permit for any development within the coastal zone that is
required pursuant to subdivision (a) of Cal. Pub. Resources Code Section 30600.
“Coastal-related development or use” means any development or use that is dependent on a coastal-dependent
development or use (from Cal. Pub. Resources Code Section 30101.3).
“Coastal zone” means the geographic zone adjacent to the shoreline, the land and water area boundaries of
which are determined by the California Coastal Act of 1976, as amended (Cal. Pub. Resources Code Section 30000
et seq.).
“Condominium” means a form of property ownership providing for individual ownership of space in a structure
together with an individual interest in the land or other parts of the structure in common with other owners.
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Planning Commission Resolution No. PC2023-039
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Includes a condominium project, community apartment project, or stock cooperative, as defined in Cal. Civ. Code
Section 1351.
“Density bonus” means, as defined by Cal. Gov. Code Section 65915 et seq., an increase over the maximum
density otherwise allowed by the applicable zoning district that is granted to the owner/developer of a housing
project who agrees to construct a prescribed percentage of dwelling units that are affordable to very low- and
low-income households. See “Very low-income household” and “Low-income household.”
“Development” means on land, in or under water, the placement or erection of solid material or a structure;
discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading, removing,
dredging, mining, or extraction of materials; change in the density or intensity of use of land, including, but not
limited to, subdivision in compliance with the Subdivision Map Act (commencing with Cal. Gov. Code Section
66410), and another division of land, including lot splits, except where the land division is brought about in
connection with the purchase of the land by a public agency for public recreational use; change in the intensity
of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of a
structure, including a facility of a private, public, or municipal utility; and the removal or harvesting of major
vegetation other than for agricultural purposes and kelp harvesting.
“Dwelling unit, accessory (land use)” means a dwelling unit accessory to and attached to, detached from, or
contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Section 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Section 18007.
“Emergency” means any sudden, unexpected occurrence demanding immediate action to prevent or mitigate
loss of or damage to life, health, property or essential public services as used in Cal. Pub. Resources Code Section
30624.
“Emergency shelter (land use)” means, as defined in Cal. Health & Saf. Code Section 50801(e), a facility with
minimal supportive services for homeless persons.
“Environmentally sensitive habitat area (ESHA)” as defined in Cal. Pub. Resources Code Section 30107.5 means
an area in which plant or animal life or their habitats are either rare or especially valuable because of their special
nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and
developments.
“Explosives” means a substance defined as an explosive by Cal. Health & Saf. Code Section 12000 et seq., and for
which a permit is required by the Cal. Health & Saf. Code. See also “Hazardous materials.”
“General Plan” means the City of Newport Beach General Plan, and all amendments thereto, as adopted by the
City Council under the provisions of Cal. Gov. Code Section 65300 et seq., and referred to in this Implementation
Plan as the “General Plan.”
“Final map” means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter 2,
and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov. Code Section 66410 et
seq.), that is used to complete the subdivision of five (5) or more lots. See also “Parcel map” and “Tentative map.”
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Planning Commission Resolution No. PC2023-039
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“Lot line adjustment” means, as provided in the Subdivision Map Act (Cal. Gov. Code Section 66412(d)), a lot line
adjustment that relocates one or more lot lines between two or more existing adjacent lots, where land taken
from one lot is added to an adjacent lot and where no more lots are created than originally existed.
“Major energy facility” means any public or private processing, producing, generating, storing, transmitting, or
recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one
hundred thousand dollars ($100,000) in its estimated cost of construction with an automatic increase in
accordance with the Engineering News Record Construction Cost Index, except for those governed by the
provisions of Cal. Pub. Resources Code Section 30610, 30610.5, 30611 or 30624.
“Code” means the Newport Beach Municipal Code.
“Parcel map” means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal. Gov.
Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also “Final
map” and “Tentative map.”
Parks and Recreational Facilities (Land Use).
2. “Recreation, passive” means a type of outdoor recreation or activity that can be carried out with little
alteration or improvement to existing topography of a site, with the use of existing natural resources, and with a
minimal impact (e.g., bicycling, hiking, jogging, walking, bird-watching, picnicking, etc.).
Parolee-Probationer. A parolee-probationer includes: (1) any individual who has been convicted of a federal
crime, sentenced to a United States prison, and received conditional and revocable release in the community
under the supervision of a federal parole officer; (2) any individual who has served a term of imprisonment in a
State prison and who is serving a period of supervised community custody, as defined in Cal. Pen. Code Section
3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services
Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received
conditional and revocable release in the community under the supervision of a Youth Authority Parole Officer;
or (4) any individual who has been convicted of a felony, sentenced to any correctional facility, including County
correctional facilities, and is under the jurisdiction of any federal, State, or County parole or probation officer.
For the purposes of this definition, “felony” means a felony as defined by any California or United States statute.
“Public trust lands” means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries,
recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the beds of
navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and
which were subject to the public trust at any time (14 CCR Section 13577). See “Submerged lands” and
“Tidelands.”
“Senior citizen housing development” means a residential development developed, substantially rehabilitated,
or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older) that has at least
thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Section 51.3(b)(4).
“Specific plan” means, under Cal. Gov. Code Section 65450 et seq., a policy statement and implementation tool
adopted by the City Council that addresses a single project or planning problem. A specific plan may include
detailed regulations, conditions, programs, and/or proposed legislation that may be necessary or convenient for
the systematic implementation of a General Plan element(s).
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Planning Commission Resolution No. PC2023-039
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“Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land, or any
portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the
purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous
units even if it is separated by roads, streets, utility easement or railroad rights-of-way. Subdivision includes a
condominium project, as defined in Cal. Civ. Code Section 1351 (f), a community apartment project, as defined
in Cal. Civ. Code Section 1351 (D), or the conversion of five (5) or more existing dwelling units to a stock
cooperative, as defined in Cal. Civ. Code Section 1351 (M) . [Note: same meaning as in the Subdivision Map Act.]
“Subdivision Map Act” means Division 2, Title 7 of the Cal. Gov. Code, commencing with Section 66410, regarding
the subdivision of real property.
“Submerged lands” means lands that lie below the line of mean low tide (14 CCR Section 13577). See “Public
trust lands.”
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population,
as defined by Cal. Health & Saf. Code Section 53260 (d), and that is linked to on-site or off-site services that assist
the tenant to retain the housing, improve his or her health status, maximize their ability to live and, when
possible, to work in the community. Supportive housing that is provided in single-, two-, or multi-family dwelling
units, group residential, parolee-probationer home, residential care facilities, or boarding house uses shall be
permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-family
dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding house uses
under this Code.
“Tentative map” means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code
Section 66410 et seq.) that specifies the conditions that must be satisfied and the details that must be provided
before approval of a final map. See also “Final map” and “Parcel map.”
“Tidelands” means lands that are located between the lines of mean high tide and mean low tide (14 CCR Section
13577). See “Public trust lands.”
Visitor Accommodations (Land Use).
4. “Hotel” means an establishment that provides guest rooms or suites for a fee to transient guests for sleeping
purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory uses may include
conference and meeting rooms, restaurants, bars, and recreational facilities. Guest rooms may or may not
contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen
facilities are commonly known as extended stay hotels. A hotel operates subject to taxation under Cal. Rev. &
Tax. Code Section 7280.
5. “Motel” means an establishment that provides guest rooms for a fee to transient guests for sleeping
purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by direct
independent access to, and adjoining parking for, each guest room. A motel operates subject to taxation under
Cal. Rev. & Tax. Code Section 7280.
77
INTENTIONALLY BLANK PAGE78
Attachment No. PC 2
Tracked Changes Version of Proposed
Code Changes
79
INTENTIONALLY BLANK PAGE80
EXHIBIT “A”
PROPOSED CODE AMENDMENT PA2022-0219
SECTIONS 19.12.060(A)(2) AND (A)(5), TITLE 20 (PLANNING AND ZONING) AND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN)
Section 1: Subsection (A)(2) of Section 19.12.060 (Review of Tentative Parcel Maps) of
Chapter 19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Procedures. Except as provided in subsection (A)(5), Tthe provisions for tentative tract maps set forth in
Sections 19.12.050(B) through (H) and (J) regarding staff reports, public hearings, time limits, required
findings, approval by inaction, and indemnification shall apply to tentative parcel maps.
Section 2: Subsection (A)(5) of Section 19.12.060 (Review of Tentative Parcel Maps) of
Chapter 19.12 (Tentative Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Review of Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the
subdivision of airspace within two-unit or multi-unit dwellings for condominium purposes shall be exempt
from the provisions set forth in Sections 19.12.050(B) and (C) regarding staff reports and public hearings.
Public notice shall be provided in accordance with Cal. Gov. Code Sections 65090, 65091, and 66451.3 and
City procedures, except that the notice shall include a statement that no local public hearing will be held;
however, written comments on the proposed subdivision will be considered if submitted by no later than
the date set forth in the notice.
81
Section 3: The Table of Contents for Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
Title 20
PLANNING AND ZONING*
Chapters:
Part 1. Zoning Code Applicability
20.10 Purpose and Applicability of the Zoning Code
20.12 Interpretation of Zoning Code Provisions
20.14 Zoning Map
Part 2. Zoning Districts, Allowable Land Uses, and Zoning District Standards
20.16 Development and Land Use Approval Requirements
20.18 Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)
20.20 Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.22 Mixed-Use Zoning Districts (MU-V, MU-MM, MU-DW, MU-CV/15th St., MU-W1, MU-W2)
20.24 Industrial Zoning District (IG)
20.26 Special Purpose Zoning Districts (OS, PC, PF, PI, and PR)
20.28 Overlay Zoning Districts (MHP, PM, B, H)
Part 3. Site Planning and Development Standards
20.30 Property Development Standards
20.32 Density Bonus
20.34 Conversion or Demolition of Affordable Housing
20.36 Landscaping Standards
20.38 Nonconforming Uses and Structures
20.40 Off-Street Parking
20.42 Sign Standards
20.44 Transportation Demand Management Requirements
20.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
20.48 Standards for Specific Land Uses
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20.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
20.50 Permit Application Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementation, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administration
20.60 Administrative Responsibility
20.62 Public Hearings
20.64 Appeals
20.66 Amendments
20.68 Enforcement
Part 7. Definitions
20.70 Definitions
Part 8. Maps
20.80 Maps
Part 9. Specific Plans
20.90 Santa Ana Heights Specific Plan
20.91 (Reserved)
20.92 (Reserved)
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Chapter 20.10
PURPOSE AND APPLICABILITY OF THE ZONING CODE
Section 4: Subsection (A) of Section 20.10.050 (Responsibility for Administration) of
Chapter 20.10 (Purpose and Applicability of the Zoning Code) of the Code is amended to read as follows:
20.10.050 Responsibility for Administration.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, hereafter referred to
as the “Council”; the Planning Commission, hereafter referred to as the “Commission”; the Planning
DirectorCommunity Development Director, hereafter referred to as the “Director”; the Zoning
Administrator; and the Community Development Planning Department, hereafter referred to as the
“Department,” and any other City official or body as specifically identified.
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Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residential Zoning Districts General Development Standards.
Table 2-2
Section 5: The row titled “Bluff edge setback” of Table 2-2 (Development Standards for
Single-Unit Residential Zoning Districts) of Section 20.18.030 (Residential Zoning Districts General
Development Standards) of Chapter 20.18 (Residential Zoning Districts (R-A, R-1, R-BI, R-2, RM, RMD)) of
Title 20 (Planning and Zoning) of the Code is amended to read as follows:
Bluff edge setback As provided in Section 20.28.040 (Bluff (B) Overlay District). See also Section 21.28.040
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Chapter 20.20
COMMERCIAL ZONING DISTRICTS (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV)
20.20.020 Commercial Zoning Districts Land Uses and Permit Requirements.
Table 2-4
Table 2-5
Section 6: The row titled “Take-Out Service-Fast Casual (up to 20 seats (2))” is amended
and a new row titled “(Alcohol Sales (off sale) (with late hours) (1)” is added to Table 2-4 (Allowed Uses
and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-
LV) of Title 20 (Planning and Zoning) of the Code to read as follows:
Take-Out Service—Fast-Casual (up to 20 seats) (1) (2) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Alcohol Sales (off-sale) (with late hours) (1) CUP CUP CUP CUP Section 20.48.030
Section 7: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20
(Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and
Zoning) of the Code is amended to read as follows:
(2) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), aA minor use permit shall be required for any use located within five
hundred (500) feet, property line to property line, of any residential zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Section 8: The row titled “Take-Out Service-Fast Casual (up to 20 seats (2))” is amended
and a new row titled “(Alcohol Sales (off sale) (with late hours) (1)” is added to Table 2-5 (Allowed Uses
and Permit Requirements) of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit
Requirements) of Chapter 20.20 (Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-
LV) of Title 20 (Planning and Zoning) of the Code to read as follows:
Take-Out Service—Fast-Casual (up to 20
seats) (1) (2)
P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section
20.48.090
Alcohol Sales (off-sale) (with late hours) (1) CUP CUP CUP CUP CUP CUP Section
20.48.030
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Section 9: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Section
20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) of Chapter 20.20
(Commercial Zoning Districts (OA, OG, OM, OR, CC, CG, CM, CN, CV, CV-LV) of Title 20 (Planning and
Zoning) of the Code is amended to read as follows:
(2) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (2)(a), Aa minor use permit shall be required for any use located within five
hundred (500) feet, property line to property line, of any residential zoning district.
cb. A minor use permit shall be required for any use that maintains late hours.
87
Chapter 20.22
MIXED-USE ZONING DISTRICTS (MU-V, MU-DW, ,MU-CV/15TH ST., MU-W1, MU-W2)
20.22.020 Mixed-Use Zoning Districts Land Uses and Permit Requirements.
Table 2-8
Table 2-9
Section 10: The row titled “Take-Out Service-Fast Casual (up to 20 seats (5))” is amended
and a new row titled “(Alcohol Sales (off sale) (with late hours) (4)” is added to Table 2-8 (Allowed Uses
and Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit
Requirements) of Chapter 20.22 (Mixed-Use Zoning Districts (MU-V, MU-DW, MU-CV/15TH ST., MU-W1,
MU-W2)) of Title 20 (Planning and Zoning) of the Code to read as follows:
Take-Out Service—Fast-Casual (up to 20 seats) (4) (5) P/MUP P/MUP P/MUP P/MUP Section 20.48.090
Alcohol Sales (off-sale) (with late hours) (4) CUP CUP — CUP Section 20.48.030
Section 11: Note (5) of Table 2-8 (Allowed Uses and Permit Requirements) of Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed-Use
Zoning Districts (MU-V, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of
the Code is amended to read as follows:
(5) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in (5)(a), aA minor use permit shall be required for any use located within five
hundred (500) feet, property line to property line, of any residential zoning district.
cb. A minor use permit shall be required for any use that maintains late hours.
Section 12: The row titled “Take-Out Service-Fast Casual (up to 20 seats (3)(4))” of Table 2-9
(Allowed Uses and Permit Requirements) of Section 20.22.020 (Mixed-Use Zoning Districts Land Uses
and Permit Requirements) of Chapter 20.22 (Mixed-Use Zoning Districts (MU-V, MU-DW, MU-CV/15TH ST.,
MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
Take-Out Service—Fast-Casual (up to 20 seats) (3)(4) P/MUP P/MUP Section 20.48.090
Section 13: Note (4) of Table 2-9 (Allowed Uses and Permit Requirements) of Section
20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of Chapter 20.22 (Mixed-Use
Zoning Districts (MU-V, MU-DW, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 20 (Planning and Zoning) of
the Code is amended to read as follows:
88
(4) Permitted or Minor Use Permit Required.
a. For Take-Out Service – Fast Casual (up to 20 seats), a minor use permit shall be required for any use
located within one hundred (100) feet of any residential zoning district.
b. Except as provided in 4(a), Aa minor use permit shall be required for any use located within five
hundred (500) feet, property line to property line, of any residential zoning district.
cb. A minor use permit shall be required for any use that maintains late hours.
89
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, H)
Section 14: Subsection (B)(3) of Section 20.28.020 (Mobile Home Park (MHP) Overlay Zoning
District)) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is amended
to read as follows:
20.28.020 Mobile Home Park (MHP) Overlay Zoning District.
B 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of
the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to
be acceptable and consistent with the provisions of the Cal.ifornia Gov.ernment Code.
Section 15: Subsection (D) of Section 20.28.020 (Bluff (B) Overlay District) of Chapter 20.28
(Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 of the Code is amended to read as follows:
20.28.040 Bluff (B) Overlay District.
D. Location of Development Areas. The development areas are listed below and depicted in the
referenced map exhibits adopted in Part 8 of this title. The placement of structures and grading is limited
by development areas as defined in this section and in subsection (C) of this section. The development
areas for each parcel are polygons established by the property lines and the following development lines.
(See Map Exhibits B-1 through B-8, attached to the ordinance codified in this title.) All contour lines refer
to NAVD 88 contours.
1. Map 1—Kings Place.
1a. Kings Place (104-112 and 204-224).
ai. Development Area A. Between the front property line adjacent to Kings Place and the development
line established at an elevation that is sixteen (16) feet below the average elevation of the top of the curb
adjacent to the lot.
bii. Development Area C. All portions of the lot not located in Area A.
2b. Kings Place (116-200).
ai. Development Area A. As indicated by the specified distance (in feet) from the front property line on
the development area map.
bii. Development Area B. All portions of the lot not located in Area A or C.
ciii. Development Area C. Between the down slope boundary of Area A and a development line
established at the twenty-six (26) foot contour line.
90
div. Additional Development Standards. Sport courts are allowed in Area B. Enclosed accessory
structures that do not exceed twelve (12) feet in height from existing or finished grade and do not exceed
four hundred (400) square feet (cumulative) in area shall be allowed in Area B.
2. Map 2—Irvine Terrace.
a. Dolphin Terrace.
i. Development Area A. Between the front property line adjacent to Dolphin Terrace and a ten (10) foot
setback from the top of the existing bluff.
ii. Development Area B. Between the ten (10) foot setback from the top of the existing bluff and a line
established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb
adjacent to the lot.
iii. Development Area C. All portions of the lot not located in Areas A and B.
D 3. Map 3—Irvine Terrace.
a. Bayadere Terrace (1607).
i. Development Area A. The extent of the existing principal structure.
ii. Development Area B. Between the extent of the existing development and a development line
established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb
adjacent to the lot.
iii. Development Area C. All portions of the lot not located in Areas A and B.
b. Bayadere Terrace (1615-1638).
i. Development Area A. Between the front property line adjacent to Bayadere Terrace and the forty-
eight (48) foot contour line*.
ii. Development Area B. Between the forty-eight (48) foot contour line* and a development line
established at an elevation that is thirteen (13) feet below the average elevation of the top of the curb
adjacent to the lot.
iii. Development Area C. All portions of the lot not located in Areas A and B.
c. Bayadere Terrace (1701-2201).
i. Development Area A. Between the front property line adjacent to Bayadere Terrace and the fifty (50)
foot contour line*.
91
ii. Development Area B. Between the fifty (50) foot contour line and a development line established at
an elevation that is thirteen (13) feet below the average elevation of the top of the curb adjacent to the
lot.
iii. Development Area C. All portions of the lot not located in Areas A and B.
D 4. Map 4—Avocado Avenue/Pacific Drive.
a. Avocado Avenue.
i. Development Area A. Above the sixty-eight (68) foot contour line for 415 Avocado Avenue, above the
fifty (50) foot contour line for 411 Avocado Avenue and the prolongation of such contour line along the
shortest segment to the thirty-five (35) foot contour line2 for 401 Avocado Avenue.
ii. Development Area C. Below the sixty-eight (68) foot contour line at 415 Avocado Avenue, fifty (50)
foot contour line at 411 Avocado Avenue, and below the thirty-five (35) foot contour line* along 401
Avocado Avenue.
b. Pacific Drive (2235-2329).
i. Development Area A. Between the front property line adjacent to Pacific Drive and the fifty-three (53)
foot contour line.*
ii. Development Area C. All portions of the lot not located in Area A.
D 5. Map 5—Carnation Avenue.
a. Carnation Avenue (201-233).
i. Development Area A. Between the front property line adjacent to Carnation Avenue and the 50.7-foot
contour line.*
ii. Development Area C. All portions of the lot not located in Area A.
b. Carnation Avenue (239-317).
i. Development Area A. As indicated by the specified distance (in feet) from the front property line
adjacent to Carnation Avenue on the development area map.
ii. Development Area B. Between the Area A development line and the seventy (70) foot contour line.*
iii. Development Area C. All portions of the lot not located in Area A or B.
iv. Additional Development Standards. If Area A overlaps Area B, the area of overlap shall be regulated
as Area A.
D 6. Map 6—Ocean Boulevard/Breakers Drive.
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a. Breakers Drive (3100-3200).
i. Development Area A. Between the fifty-two (52) foot contour line* and the property line adjacent to
Breakers Drive.
ii. Development Area B. Between the forty-eight (48) foot contour line* and the thirty-three (33) foot
contour line.*
iii. Development Area C. All portions of the lot not located in Area A or B.
iv. Additional Development Standards. Structure height may not exceed the fifty-two (52) foot contour
line.* No fences or walls allowed in Area C.
b. Ocean Boulevard (3207-3309).
i. Development Area A. Between the forty-eight (48) foot contour line* and the property line adjacent
to Ocean Boulevard and between the thirty-three (33) foot contour line* and the property line adjacent
to Breakers Drive.
ii. Development Area C. Between the thirty-three (33) foot and forty-eight (48) foot contour lines.*
iii. Additional Development Standards. Covered walkways connecting a conforming garage and principal
structure are allowed in Area C.
c. Ocean Boulevard (3317-3431).
i. Development Area A. Between the forty-eight (48) foot contour line* and the property line adjacent
to Ocean Boulevard.
ii. Development Area B. Between the forty-eight (48) foot contour line and the thirty-eight (38) foot
contour line.*
iii. Development Area C. All portions of the lot not located in Area A or B.
iv. Additional Development Standards. No fences or walls in Area C.
d. Ocean Boulevard (3601-3729).
i. Development Area A. Between the property line adjacent to Ocean Boulevard and the seaward extent
of the existing development area.
ii. Development Area C. All portions of the lot not located in Area A.
iii. Additional Development Standards. New development shall not extend further onto the bluff face
beyond existing development.
D 7. Map 7—Shorecliffs.
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a. Shorecliff Road.
i. Development Area A. As indicated by the specified distance (in feet) from the front property line on
the development area map.
ii. Development Area B. Between the seaward boundary of Area A and a line established by a ten (10)
foot setback from the bluff edge (not all lots have an Area B).
iii. Development Area C. All portions of the lot not located in Area A or B.
iv. Additional Development Standards. If Area A overlaps Area B, the area of overlap shall be regulated
as Area A. No fences or walls shall be allowed in Area C.
D 8. Map 8—Cameo Shores.
a. Brighton Road.
i. Development Area A. As indicated by the specified distance (in feet) from the front property line on
the development area map.
ii. Development Area B. Between the seaward boundary of Area A and a line established by a ten (10)
foot setback from the bluff edge (not all lots may have an Area B).
iii. Development Area C. All portions of the lot not located in Area A or B.
iv. Additional Development Standards. If Area A overlaps Area B, the area of overlap shall be regulated
as Area A. No fences or walls shall be allowed in Area C.
I. Adjustment of Development Area Boundary.
1. Reduced Development Area(s). A bluff development area shall be reduced whenever necessary to:
a. Ensure safety and stability against slope failure (i.e., landsliding) for the economic life of a
development. At a minimum, the development area shall be adjusted to ensure a slope stability factor
greater than or equal to 1.5 at the end of the economic life of the development for the static condition of
the bluff or a factor of safety greater than or equal to 1.1 for the seismic condition of the bluff, whichever
is further landward; and
b. Ensure that the principal structures are safe from hazards due to erosional factors for the economic
life of the building.
2. Increased Development Area(s). A development area’s boundaries may be adjusted through the
approval of a site development review in compliance with Section 20.52.080 (Site Development Reviews)
to allow structures and grading not otherwise allowed. In addition to the site development review findings,
all of the following findings shall also be made:
a. The increased bluff development area will ensure a slope stability factor of safety greater than or equal
to 1.5 at the end of the economic life of the development for the static condition of the bluff or a factor of
94
safety greater than or equal to 1.1 for the seismic condition of the bluff or canyon, whichever is farther
landward;
b. The increased bluff development area will provide adequate protection from erosion factors for the
economic life of the development;
c. The increased bluff development area will be compatible and consistent with surrounding
development; and
d. The increased bluff development area will not have an impact on public views or sensitive habitat
areas, and is not otherwise detrimental to the general public health and welfare.
95
Chapter 20.30
PROPERTY DEVELOPMENT STANDARDS
Section 16: Section 20.30.120 (Solid Waste and Recyclable Materials Storage) of Chapter
20.30 (Property Development Standards) of Title 20 of the Code is amended to read as follows:
20.30.120 Solid Waste and Recyclable Materials Storage.
Purpose. This section provides standards for the provision of solid waste (refuse) and recyclable material
storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Cal.
Pub.lic Resources Code Section 42900) and Chapter 6.04 and Chapter 6.06.
96
Chapter 20.32
DENSITY BONUS
Section 17: Subsections (L) and (O) of Section 20.32.020 (Definitions) of Chapter 20.32
(Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.020 Definitions.
L. “Lower-income student” means a student who has a household income and asset level that does not
exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in Cal. Ed.ucation Code Section
69432.7(k)(1). The eligibility of a student to occupy a unit for lower-income students under this section
shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher
education in which the student is enrolled or by the California Student Aid Commission that the student
receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or
university, the California Student Aid Commission, or the fFederal government.
O. “Specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards, policies, or conditions as they existed on the
date the application was deemed complete. The following shall not constitute a specific, adverse impact
upon the public health or safety: (1) inconsistency with the zoning or General Plan land use designation,
or (2) the eligibility to claim a welfare exemption under Cal. Rev. & Tax. Code subdivision (g) of Section 214
(G) of the Revenue and Taxation Code.
Section 18: Subsection (A)(8) of Section 20.32.030 (Eligibility for Density Bonus and
Incentives) of Chapter 20.32 (Density Bonus) of Title 20 of the Code is amended to read as follows:
20.32.030 Eligibility for Density Bonus and Incentives.
A 8. A senior citizen housing development, as defined in Cal. Civ. Code Sections 51.3 and 51.12Civil Code
Sections 51.3 and 51.12, that has at least thirty-five (35) dwelling units or a mobile home park that limits
residency based on age requirements for housing older persons in compliance with Cal. Civ. Code Section
798.76 or 799.5 Civil Code Section 798.76 or 799.5.
Section 19: Subsection (C)(4) of Section 20.32.050 (Allowed Density Bonuses) of Chapter
20.32 (Density Bonus) of Title 20 of the Code is amended to read as follows:
20.32.050 Allowed Density Bonuses.
C 4. Priority for the affordable units shall be given to lower-income students experiencing homelessness.
A homeless service provider, as defined in Cal. Health & Saf. Code paragraph (3) of subdivision (e) of
Section 103577(3)(e) of the Health and Safety Code, or institution of higher education that has knowledge
of a person’s homeless status may verify a person’s status as homeless for purposes of this subsection.
Section 20: Subsections (B)(3)(b) and (B)(3)(c) of Section 20.32.060 (Parking Requirements in
Density Bonus Projects) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as
follows:
20.32.060 Parking Requirements in Density Bonus Projects.
97
B 3 b. The housing development is a for-rent housing development for individuals who are sixty-two (62)
years of age or older that meet the definition in Cal. Civ. Code Sections 51.2 and 51.3 of the Civil Code and
the housing development has either paratransit service or unobstructed access within one-half mile of a
fixed bus route that operates at least eight (8) times per day; or
B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health
& Saf. Code Section 51312 of the Health and Safety Code, or supportive housing development as defined
in Cal. Health & Saf. Code Section 50675.14 of the Health and Safety Code, and the housing development
has either paratransit service or unobstructed access within one-half mile of a fixed bus route that
operates at least eight (8) times per day.
Section 21: Subsections (B)(1) and (B)(2) of Section 20.32.130 (Continued Availability) of
Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.130 Continued Availability.
B 1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal.
Health &and Saf.ety Code Section 50053; and
B 2. Owner-Occupied Units. Owner-occupied units shall be available at an affordable housing cost as
defined in Cal. Health &and Saf.ety Code Section 50052.5.
Section 22: Subsections (A)(1), (A)(2)(a), and (B)(2) of Section 20.32.140 (Occupancy and
Resale of Ownership Units) of Chapter 20.32 (Density Bonus) of Title 20 of the Code are amended to
read as follows:
20.32.140 Occupancy and Resale of Ownership Units.
A 1. The unit is initially occupied by a very low-, low-, or moderate-income household, offered at an
affordable housing cost as defined in Cal. Health & Saf. Code Section 50052.5 of the Health and Safety
Code, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corporation is organized pursuant to Internal Revenue Code Section
501(c)(3) and has received a welfare exemption under Cal. Rev.enue and& Tax.ation Code Section 214.15
for properties intended to be sold to low-income households who participate in a special no-interest loan
program;
B 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall
then be used within five (5) years for any of the purposes described in Cal. Health & and Saf.ety Code
Section 33334.2(e) that promote home ownership. For the purposes of this section:
98
Chapter 20.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Section 23: Chapter 20.34 (Conversion or Demolition of Affordable Housing) of Title 20
(Planning and Zoning) of the Code is repealed in its entirety.
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Chapter 20.42
SIGN STANDARDS
Section 24: Subsection (F) of Section 20.42.030 (General Provisions) of Chapter 20.42 (Sign
Standards) of Title 20 of the Code is amended to read as follows:
20.42.030 General Provisions.
F. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other
than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as
of the date on which this provision was first adopted. The City adopts this policy in compliance with
California GovernmentCal. Gov. Code Section 65850 and Cal.ifornia Bus. iness and& Prof.essions Code
Sections 5354(a) and 5408.3 (both effective January 1, 2003). Permits shall not be issued for billboards
that violate this policy, and the City will take immediate abatement action against billboards constructed
or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this
billboard policy even if it were the only provision in this chapter. The Council intends for this billboard
policy to be severable and separately enforceable even if other provisions of this chapter may be declared,
by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. This provision does
not prohibit agreements to relocate existing, legal billboards, as encouraged by Cal. Bus.iness and&
Prof.essions Code Section 5412.
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Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
Section 25: Subsection (C)(2)(b)(ii) of Section 20.48.030 (Alcohol Sales) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.030 Alcohol Sales.
C. 2. B. ii. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipalthis
Code, the Cal. Pen.al Code, or other State statutes; or
Section 26: Subsection (A)(2) of Section 20.48.060 (Bed and Breakfast Inns) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.060 Bed and Breakfast Inns.
A. 2 Sales. Accessory sales of goods and services shall be limited to registered guests only. In compliance
with Cal. Bus.iness &and Prof.essions Code Section 24045.12, a bed and breakfast inn may sell alcohol to
registered guests only; provided, that the establishment has an approved ABC License Type 80 (Special
On-Sale General B and B license).
Section 27: Subsection (G)(2)(b)(i) of Section 20.48.090 (Eating and Drinking Establishments)
of Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.090 Eating and Drinking Establishments.
G 2 b i. A pattern of documented violations of the permit conditions, this Zoning Code, the Municipal Code,
the Cal. Pen.al Code, or other State statutes; or
Section 28: The introductory sentence of Section 20.48.100 (Emergency Shelters) of Chapter
20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.100 Emergency Shelters.
This section provides standards for the establishment and operation of emergency shelters in compliance
with Cal. Gov.ernment Code Section 65583.
Section 29: Subsection (A) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling
units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in California Cal.
Gov.ernment Code Sections 65852.2 and 65852.22, or any successor statute, in areas designated for
residential use, including as part of a planned community development plan or specific plan, and to
provide development standards to ensure the orderly development of these units in appropriate areas of
the City.
101
Section 30: Subsection (B)(4) of Section 20.48.200 (Accessory Dwelling Units) of Chapter
20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
B. 4 Required to correct legally established nonconforming zoning condition(s), building code violation(s),
and/or unpermitted structure(s) that do/does not present a threat to public health and safety and is/are
not affected by the construction of the accessory dwelling unit or junior accessory dwelling unit. This does
not prevent the City from enforcing compliance with applicable building standards in accordance with
California Cal. Health &and Saf.ety Code Section 17980.12.
Section 31: Subsection (F)(3)(c)(iii) of Section 20.48.200 (Accessory Dwelling Units) of
Chapter 20.48 (Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
F.3.c.iii An accessory dwelling unit constructed on a lot with an existing or proposed single-unit or multi-
unit dwelling that is located within one-half-mile walking distance of a major transit stop or high-quality
transit corridor, as those terms are defined in Section 21155 of the Cal. Pub.lic Resources Code Section
21155, shall not exceed a height of eighteen (18) feet. An additional two feet in height shall be permitted
to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the
primary unit.
Section 32: Subsection (J) of Section 20.48.200 (Accessory Dwelling Units) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on
residential or mixed-use properties that are determined to be historic shall be approved ministerially, in
conformance with California Cal. Government Gov. Code Sections 65852.2 and 65852.22. However, any
accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic
Resources shall meet all Secretary of the Interior Standards, as applicable.
Section 33: The introductory paragraph and Subsections (B)(3)(c), (B)(3)(d), (B)(3)(e),
(B)(4)(b)(i), (B)(4)(b)(ii), (B)(4)(m), and (B)(5)(g) of Section 20.48.205 (SB 9 Housing Developments and
Urban Lot Splits in Single-Unit Residential Zoning Districts) of Chapter 20.48 (Standards for Specific Land
Uses) of Title 20 of the Code are amended to read as follows:
20.48.205 SB 9 Housing Developments and Urban Lot Splits in Single-Unit Residential Zoning Districts.
This section provides regulations for the creation of SB 9 housing developments and urban lot splits as
required pursuant to California Cal. Gov.ernment Code Sections 65852.21 and 66411.7, or any successor
statute. This section shall sunset automatically without action of the City in the event California Cal.
Gov.ernment Code Sections 65852.21 and 66411.7 are repealed or no longer mandated by State law.
B. 3 c Ellis Act. The development is located on a lot on which the owner has exercised rights under the Ellis
Act (Cal. Gov.Government Code Sections 7060 through 7060.7) to withdraw accommodations from rent
or lease within fifteen (15) years before the date that the development proponent submits an application.
B. 3 d Historic Resource. The development is located within a historic district or property included on the
State Historic Resources Inventory, as defined in Section 5020.1 of the California Cal. Pub.lic Resources
Code Section 5020.1, or on a lot that is designated or listed as a City landmark or historic property.
102
B. 3 e Environmental Resource or Hazard. As specified in more detail in subparagraphs (B) to (K), inclusive,
of paragraph (6) of subdivision (a) of Cal. Gov.ernment Code Section 65913.4, the development is located
on a lot that is any of the following:
B. 4 b i One-half mile walking distance of a high-quality transit corridor, as defined in subdivision (b) of
Section 21155 of the Cal. Pub.lic Resources Code Section 21155;
B. 4 b ii One-half mile walking distance of a major transit stop, as defined in Section 21064.3 of the Cal.
Pub.lic Resources Code Section 21064.3; or
B. 4 m Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may
deny an application for an SB 9 housing development if the Director makes written finding(s), based upon
a preponderance of the evidence, that the development would have a specific, adverse impact, as defined
and determined in paragraph (2) of subdivision (d) of Cal. Gov.Government Code Section 65589.5, upon
the public health and safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
B. 5 g Owner-Occupancy. The owner of the lot proposed for an urban lot split shall comply with the
requirements provided herein and sign an affidavit stating that the owner intends to occupy one of the
housing units as their principal residence for a minimum of three (3) years from the date of the final,
recorded parcel map for the urban lot split, unless the applicant is a community land trust, as defined in
clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Cal. Rev.enue
&and Tax.ation Code Section 402.1 (a)(11)(C)(ii), or is a qualified nonprofit corporation as described in
Section 214.15 of the Cal. Rev.enue &and Tax.ation Code Section 214.15.
Section 34: Subsection (B)(3) of Section 20.48.230 (Tattoo Establishments) of Chapter 20.48
(Standards for Specific Land Uses) of Title 20 of the Code is amended to read as follows:
20.48.230 Tattoo Establishments.
B. 3 Noise. The owner or operator shall be responsible for the control of noise generated by the tattoo
establishment. All noise generated by the use shall comply with the provisions of Chapter 10.26
(Community Noise Control) and other applicable noise control requirements of the Newport Beach
Municipal Code.this Code.
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Chapter 20.49
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 35: Subsections (B), (E)(2), and (F) of Section 20.49.020 (Effect of Chapter) of Chapter
20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are amended
to read as follows:
20.49.020 Effect of Chapter.
B. Permit and Agreement Required. Unless the provisions of this chapter provide otherwise, prior to
installation or modification of any telecom facility in the City, the applicant shall obtain a Minor Use Permit
(MUP), Conditional Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance
with Section 20.49.060 (Permit Review Procedures). Applicants who obtain a MUP, CUP, LTP, or ZC (and an
encroachment permit, if required) for any telecom facility approved to be located on any City-owned
property or City-held trust property, shall enter into an agreement prepared and executed by the City
Manager or his or her designee prior to installation of the facility, consistent with Section 20.49.080
(Agreement for Use of City-Owned or City-Held Trust Property).
E 2. Requirements established by any other provision of thise Municipal Code and by any other ordinance
and regulation of the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved
prior to February 27, 2014, that is operating in compliance with all applicable laws, and which facility does
not conform to the requirements of this chapter shall be deemed a legal nonconforming facility. Legal
nonconforming facilities shall comply at all times with the laws, ordinances, regulations, and any
conditions of approval in effect at the time the facility was approved, and any regulations pertaining to
legal, nonconforming uses or structures that may be applicable pursuant to provisions of the Municipalthis
Code or fFederal and State laws as they may be amended or enacted, in the future.
Section 36: Subsections (S) of Section 20.49.030 (Definitions) of Chapter 20.49 (Wireless
Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.49.030 Definitions.
S. Wireless Tower. “Wireless tower” means any structure built for the sole or primary purpose of
supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna
system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the
California Public Utilities Commission on a water tower, utility tower, street light, or other structures built
or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the
FCC, including any structure installed pursuant to California Cal. Pub.lic Util.ity Code Section 7901, is not
a wireless tower for purposes of this definition. For an example only, a prior-existing streetlight standard
which is replaced with a new street light standard to permit the addition of antennas shall not be
considered a wireless tower, but rather a replacement street light standard.
Section 37: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 20.49.050 (General
Development and Design Standards) of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20
(Planning and Zoning) of the Code are amended to read as follows:
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20.49.050 General Development and Design Standards.
F. 3 b New or replacement vertical structures may be allowed when authorized by the Municipalthis Code
and approved by the Public Works Department. Replacement poles or streetlights shall be consistent with
the size, shape, style, and design of the existing pole, including any attached light arms. New poles or
streetlights may be installed, provided they match existing or planned poles within thethe area.
F. 6 b i Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the
support equipment shall be placed underground if required by other provisions of thise Municipal Code.
Flush-to-grade underground vault enclosures, including flush-to-grade vents, or vents that extend no more
than twenty-four (24) inches above the finished grade and are screened from public view may be
incorporated. Electrical meters required for the purpose of providing power for the proposed telecom
facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable
standards of Title 13 unless otherwise precluded by the Municipalthis Code.
J. 2 All graffiti on any components of the telecom facility shall be removed promptly in accordance with
thise Municipal Code.
Section 38: Subsections (B), (C), (E), and (F) of Section 20.49.060 (Permit Review Procedures)
of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code are
amended to read as follows:
20.49.060 Permit Review Procedures.
B. Installations in the Public Right-of-Way. All telecom facilities proposed to be located in the public right-
of-way shall comply with the provisions of the Municipalthis Code including but not limited to the
provisions of Title 13 as it may be amended from time to time.
C. Application Submission Requirements for Telecom Facilities on City-Owned or City-Held Trust
Properties. Prior to the submittal for any application for any facility located on any City-owned property or
City-held trust property, the applicant shall first obtain written consent to the application from the City
Manager or his or her designee.
E. Review of Collocated Facilities. Notwithstanding any provision of this chapter to the contrary, and
consistent with California Cal. Gov.ernment Code Section 65850.6 (as amended or superseded), the
addition of a new facility to an existing facility resulting in the establishment of a collocated telecom facility
shall be allowed without discretionary review if it complies with Section 20.49.090. If a collocated telecom
facility does not satisfy all of the requirements of Cal. Gov.ernment Code Section 65850.6 and Section
20.49.090, the facility shall be reviewed pursuant the review procedures provided in Table 4-1.
F. Emergency Communications Review. At the time an application is submitted to the Community
Development Department, a copy of the plans, map, and emission standards shall be sent to the Police
Chief of the Newport Beach Police Department. The Police DepartmentPolice Chief or its designee shall
review the plan’s potential conflict with emergency communications. The review may include a pre-
installation test of the telecom facility to determine if any interference exists. If the Police Department
determines that the proposal has a high probability that the facility will interfere with emergency
communications devices, the applicant shall work with the Police Department to avoid interference.
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Section 39: Section 20.49.080 (Agreement for Use of City-Owned or City-Held Trust Property)
of Chapter 20.49 (Wireless Telecommunication Facilities) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
20.49.080 Agreement for Use of City-Owned or City-Held Trust Property.
In applying for a permit pursuant to this chapter, all telecom facilities located on City-owned or City-held
trust property shall require a license agreement approved as to form by the City Attorney, and as to
substance (including, but not limited to, compensation, term, insurance requirements, bonding
requirements, and hold harmless provisions) by the City Manager, consistent with provisions of the
Municipalthis Code and any applicable provisions of the City Council Policy Manual.
106
Chapter 20.50
PERMIT APPLICATION FILING AND PROCESSING
Section 40: Table 5-1 (Review Authority) of Section 20.50.030 (Multiple Permit Applications)
of Chapter 20.50 (Permit Application Filing and Processing) of Title 20 (Planning and Zoning) of the Code
is amended to read as follows:
TABLE 5-1
REVIEW AUTHORITY
Type of Action Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Administrative and Legislative
Interpretations Section
20.12.020
Determination
(3)
Appeal Appeal
Planned
Communities
Chapter 20.56 Recommend Decision
Specific Plans Chapter 20.58 Recommend Decision
Zoning Code
Amendments
Chapter 20.66 Recommend Decision
Zoning Map
Amendments
Chapter 20.66 Recommend Decision
Permits and Approvals
Affordable
Housing
Implementation
Plan
Chapter 20.32 Decision
(3)(4)
Appeal/Decision
(4)
Appeal/Decision
(4)
Comprehensive
Sign Program
Decision (3) Appeal
Conditional Use
Permits
Section
20.52.020
Decision Appeal
107
TABLE 5-1
REVIEW AUTHORITY
Type of Action Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Conditional Use
Permits—
Residential
Zones HO
Section
20.52.030
Decision Appeal
Heritage Sign Decision Appeal
Innovative Sign
Program
Decision Appeal
Limited Term
Permits
Section
20.52.040
Decision (3) Appeal Appeal
Minor Use
Permits
Section
20.52.020
Decision (3) Appeal Appeal
Modification
Permits
Section
20.52.050
Decision (3) Appeal Appeal
Planned
Development
Permits
Section
20.52.060
Decision Appeal
Reasonable
Accommodations
Section
20.52.070
Decision Appeal Appeal
Sign Permits Chapter 20.42 Determination
(3)
Appeal Appeal
Site
Development
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
Section
20.52.080
Decision (3) Decision Appeal
108
TABLE 5-1
REVIEW AUTHORITY
Type of Action Applicable Code
Chapter/Section
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Variances Section
20.52.090
Decision Appeal
Zoning
Clearances
Section
20.52.100
Determination
(3)
Appeal Appeal
Notes:
(1) “Recommend” means that the Commission makes a recommendation to the Council;
“Determination” and “Decision” mean that the review authority makes the final determination or
decision on the matter; “Appeal” means that the review authority may consider and decide upon
appeals to the decision of a previous decision-making body, in compliance with Chapter 20.64 (Appeals).
(2) The Council is the final review authority for all applications in the City.
(3) The Director or Zoning Administrator may defer action and refer the request to the Commission for
consideration and final action.
(4) The Zoning Administrator shall be the initial review authority for density bonus units and parking
reductions. The Planning Commission shall be the initial review authority for concessions, incentives and
waivers. The City Council shall be the review authority for any financial incentive or fee waiver.
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Chapter 20.52
PERMIT REVIEW PROCEDURES
Section 41: Subsection (A) of Section 20.52.015 (Affordable Housing Implementation Plan) of
Chapter 20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
20.52.015 Affordable Housing Implementation Plan.
A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant
density bonuses, concessions, incentives, and development standard waivers in compliance with Cal.
Gov.ernment Code Section 65915 et seq. and Chapter 20.32.
Section 42: Subsections (G)(5) and (H)(11) of Section 20.52.040 (Limited Term Permits) of
Chapter 20.52 (Permit Review Procedures) of Title 20 (Planning and Zoning) of the Code are amended to
read as follows:
20.52.040 Limited Term Permits.
G. 5 The limited duration use is consistent with all applicable provisions of the General Plan, any applicable
specific plan, the Municipalthis Code, and other City regulations.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited
term permit is contingent upon compliance with applicable provisions of thise Municipal Code and the
successful granting of all required permits from any other department or governing agency; and
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Section 43: The Table of Contents for Chapter 20.60 (Administrative Responsibility) of the
Code is amended to read as follows:
Chapter 20.60
ADMINISTRATIVE RESPONSIBILITY
Sections:
20.60.010 Purpose.
20.60.020 City Council.
20.60.030 Planning Commission.
20.60.040 Hearing Officer.
20.60.050 Zoning Administrator.
20.60.060 Planning DirectorCommunity Development Director.
Section 44: Section 20.60.010 (Purpose) of Chapter 20.60 (Administrative Responsibility) of
Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.010 Purpose.
This chapter describes the authority and responsibilities of the Newport Beach City Council, Planning
Commission, Hearing Officer, Zoning Administrator, and Planning DirectorCommunity Development
Director in the administration of this Zoning Code.
Section 45: Subsection (B) of Section 20.60.020 (City Council) of Chapter 20.60
(Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.020 City Council.
B. Imposition of Conditions. In making decisions on applications, the Council may impose conditions it
deems necessary to implement the General Plan and thise Municipal Code standards that apply to
development and to further the public health, safety, and general welfare of the community.
Section 46: Subsections (B) and (C) of Section 20.60.030 (Planning Commission) of Chapter
20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read
as follows:
20.60.030 Planning Commission.
B. Duties and Functions. The Commission shall perform the duties and functions prescribed by State law,
the City Charter, and thise Municipal Code, including the following:
C. Imposition of Conditions. In making decisions on applications, the Commission may impose conditions
it deems necessary to implement the General Plan and thise Municipal Code standards that apply to
development and to further the public health, safety, and general welfare of the community.
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Section 47: Subsection (C) of Section 20.60.040 (Hearing Officer) of Chapter 20.60
(Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.040 Hearing Officer.
C. Imposition of Conditions. In making decisions on applications, the Hearing Officer may impose
conditions deemed necessary to implement the General Plan and thise Municipal Code’s standards that
apply to development and to further the public health, safety, and general welfare of the community.
Section 48: Subsection (B)(1) and (C) of Section 20.60.050 (Zoning Administrator) of Chapter
20.60 (Administrative Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read
as follows:
20.60.050 Zoning Administrator.
B. 1 The Zoning Administrator shall have the authority to investigate and make decisions on the
applications identified in Table 5-1 (Review Authority) in compliance with this Zoning Code and thise
Municipal Code as well as the following:
C. Imposition of Conditions. In making decisions on applications, the Zoning Administrator may impose
conditions it deems necessary to implement the General Plan and thise Municipal Code’s standards that
apply to development and to further the public health, safety, and general welfare of the community.
Section 49: The title to Section 20.60.060 (Planning Director) of Chapter 20.60 (Administrative
Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.060 Planning DirectorCommunity Development Director.
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Chapter 20.64
APPEALS
Section 50: Subsection (B)(1) of Section 20.64.030 (Filing and Processing of Appeals and Calls
for Review) of Chapter 20.64 (Appeals and Calls for Review) of Title 20 (Planning and Zoning) of the Code
is amended to read as follows:
20.64.030 Filing and Processing of Appeals and Calls for Review.
B. 1 Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City
Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered
unless a different period of time is specified by the Municipal this Code (e.g., Title 19 allows ten (10) day
appeal period for tentative parcel and tract maps, lot line adjustments, or lot mergers).
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Chapter 20.70
DEFINITIONS
Section 51: Section 20.70.010 (Purpose of Part) of Chapter 20.70 (Definitions) of Title 20
(Planning and Zoning) of the Code is amended to read as follows:
20.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Zoning Code that are technical or
specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions
in other provisions of the Municipalthis Code, these definitions shall control for the purposes of this Zoning
Code. If a word is not defined in this part, or elsewhere in this Zoning Code, the most common dictionary
definition is presumed to be correct.
Section 52: The following definitions in Section 20.70.020 (Definitions of Specialized Terms
and Phrases) of Chapter 20.70 (Definitions) of Title 20 (Planning and Zoning) of the Code are amended to
read as follows:
20.70.020 Definitions of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see California Cal. Health &and
Saf.ety Code Section 50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see California Cal. Health and & Saf.ety
Code Section 50053.
“Alcohol sales, off-sale, accessory only (land use)” means an establishment that has all of the following
characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises
where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off-sale beer and
wine—package store) or License Type 21 (off-sale general—package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display
area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use.
Illustrative examples include convenience markets, drug stores, grocery stores, and supermarkets,
but do not include convenience markets.
“Conversion” means, for the purposes of Chapter 20.34 (Conversion or Demolition of Affordable Housing),
a change of a residential dwelling, including a mobile home, to a condominium, cooperative, or similar
form of ownership; or a change of a residential dwelling, including a mobile home, to a nonresidential use.
Animal-Keeping (Land Use).
3. “Animal, wild” means an animal that is not customarily confined or cultivated by man for
domestic or commercial purposes but kept for display. Includes an animal that may be imported,
transported, or possessed only by first obtaining a California Department of Fish and Game Permit, as
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required in 14 CCR California Cal Code of Regulations Title 14, Section 671 (Importation, Transportation
and Possession of Live Restricted Animals).
“Area median income” means the median income, adjusted for family size, applicable to Orange County,
established by the U.S. Department of Housing and Urban Development, and published annually by the
California Department of Community Development in the 25 California Code of Regulations, Title 25,CCR
Section 6932 (or its successor provision).
“California Environmental Quality Act (CEQA)” means a State law (California Cal. Pub.lic Resources Code
Section 21000 et seq.).
“Condominium” means a form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common with
other owners. Includes a condominium project, community apartment project, or stock cooperative, as
defined in California CivilCal. Civ. Code Section 1351.
“Demolition” means:
1. For the purposes of Chapter 20.34 (Conversion or Demolition of Affordable Housing), the demolition
of a residential dwelling, including a mobile home, or a mobile home lot in a mobile home park, that has
not been declared to be a public nuisance under Health and Safety Code Section 17000 et seq. or under
this Zoning Code or the Municipal Code.
2. For the purposes of all other sections of this Zoning Code, the deliberate removal or destruction of
the frame or foundation of a portion of a structure.
“Director” means the City of Newport Beach Planning DirectorCommunity Development Director or a duly
designated representative of the Director, referred to as the “Director.”
“Dwelling unit, accessory (land use)” means a dwelling unit accessory to and attached to, detached from,
or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling
unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the Cal. Health &and Saf.ety Code Section
17958.1 or any successor statute.
2. A manufactured home, as defined in Section 18007 of the Cal. Health &and Saf.ety Code
Section 18007, or any successor statute.
“Emergency shelter (land use)” means, as defined in Cal. Health &and Saf.ety Code Section 50801(e), a
facility with minimal supportive services for homeless persons.
“Explosives” means a substance defined as an explosive by Cal. Health and & Safety Saf. Code Section
12000 et seq., and for which a permit is required by the Cal. Health and& Saf.ety Code. See also
“Hazardous materials.”
“Final map” means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter
2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.ernment Code
Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also “Parcel
map” and “Tentative map.”
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“General Plan” means the City of Newport Beach General Plan, and all amendments thereto, as adopted
by the City Council under the provisions of Cal. Gov.ernment Code Section 65300 et seq., and referred to
in this Zoning Code as the “General Plan.”
“Lot line adjustment” means, as provided in the Subdivision Map Act (Cal. Gov.ernment Code Section
66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent
lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than
originally existed.
“Municipal Code” means the Newport Beach Municipal Code of the City of Newport Beach, as amended.
“Parcel map” means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal.
Gov.ernment Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or fewer
lots. See also “Final map” and “Tentative map.”
Parks and Recreational Facilities (Land Use).
Parolee-Probationer. A parolee-probationer includes: (a) any individual who has been convicted of a
fFederal crime, sentenced to a United States prison, and received conditional and revocable release in the
community under the supervision of a fFederal parole officer; (b) any individual who has served a term of
imprisonment in a State prison and who is serving a period of supervised community custody, as defined
in Cal. Pen.al Code Section 3000, and is under the jurisdiction of the California Department of Corrections,
Parole and Community Services Division; (c) an adult or juvenile sentenced to a term in the California Youth
Authority and who has received conditional and revocable release in the community under the supervision
of a Youth Authority Parole Officer; or (d) any individual who has been convicted of a felony, sentenced to
any correctional facility, including County correctional facilities, and is under the jurisdiction of any
fFederal, State, or County parole or probation officer. For the purposes of this definition, “felony” means
a felony as defined by any California or United States statute.
“Public trust lands” means all lands subject to the Common Law Public Trust for commerce, navigation,
fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the
beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or
reclaimed and which were subject to the public trust at any time (14 CCR California Section 13577). See
“Submerged lands” and “Tidelands.”
“SB 9 housing development (land use)” means a residential development that contains two new dwelling
units or proposes to add one new dwelling unit on a lot designated for single-family residential use with
one existing dwelling unit, pursuant to California GovernmentCal. Gov. Code Section 65852.21 or any
successor statute.
“Senior citizen housing development” means a residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older)
that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.il Code Section 51.3(b)(4).
“Specific plan” means, under Cal. Gov.ernment Code Section 65450 et seq., a policy statement and
implementation tool adopted by the City Council that addresses a single project or planning problem. A
specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may
be necessary or convenient for the systematic implementation of a General Plan element(s).
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“Subdivision Map Act” means Division 2, Title 7 of the California GovernmentCal. Gov. Code, commencing
with Section 66410, as amended, regarding the subdivision of real property.
“Submerged lands” means lands that lie below the line of mean low tide (from 14 California Cal. Code of
RegulationsRegs.,CCR Section 13577). See “Public trust lands.”
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target
population, as defined by Section 53260(d) of the California Cal. Health &and Saf.ety Code Section
53260(d), and that is linked to on-site or off-site services that assist the tenant to retain the housing,
improve his or her health status, maximize their ability to live and, when possible, to work in the
community. Supportive housing that is provided in single-, two-, or multi-family dwelling units, group
residential, parolee-probationer home, residential care facilities, or boarding house uses shall be
permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-
family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding
house uses under this code.
“Tentative map” means a subdivision map prepared in compliance with the Subdivision Map Act (Cal.
Gov.ernment Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the
details that must be provided before approval of a final map. See also “Final map” and “Parcel map.”
“Tidelands” means lands that are located between the lines of mean high tide and mean low tide (14 from
California Cal. Code of Regulations Regs.CCR Section 13577). See “Public trust lands.”
“Urban lot splits (land use)” means the subdivision of an existing, legally subdivided lot intended for single-
family residential use to create one new additional lot, pursuant to California Cal. Government Gov. Code
Section 66411.7 or any successor statute.
Visitor Accommodations (Land Use).
2. “Hotel” means an establishment that provides guest rooms or suites for a fee to transient
guests for sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls.
Related accessory uses may include conference and meeting rooms, restaurants, bars, and
recreational facilities. Guest rooms may or may not contain kitchen facilities for food preparation
(i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen facilities are commonly known as
extended stay hotels. A hotel operates subject to taxation under Cal. Rev.enue and& Tax.ation
Code Section 7280.
3. “Motel” means an establishment that provides guest rooms for a fee to transient guests for
sleeping purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a
hotel primarily by direct independent access to, and adjoining parking for, each guest room. A
motel operates subject to taxation under Cal. Rev.enue and & Taxation Tax. Code Section 7280.
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Section 53: The Table of Contents for Chapter 20.80 (Maps) of the Code is amended to read
as follows:
Chapter 20.80
MAPS
Section 54: Section 20.80.020 (Bluff Overlay) of Chapter 20.80 (Maps) of the Code is
amended to read as follows:
20.80.020 Bluff overlay.
Bluff Overlay, Development Area Maps (Section 20.28.040): B – Bluff Overlay Index Map (PDF)
B-1 – Kings Place (PDF)
B-2 – Irvine Terrace – Dolphin Terrace (PDF)
B-3 – Irvine Terrace – Bayadere Terrace (PDF)
B-4 – Avocado Avenue/Pacific Drive (PDF)
B-5 – Carnation Avenue (PDF)
B-6 – Ocean Boulevard / Breakers Drive (PDF)
B-7 – Shorecliffs (PDF)
B-8 – Cameo Shores (PDF)
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Chapter 20.90
SANTA ANA HEIGHTS SPECIFIC PLAN
Section 55: Subsection (D) of Section 20.90.040 (Land Use Regulations) of Chapter 20.90
(Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.90.040 Land Use Regulations.
D 1. All new or entirely reconstructed structures with habitable rooms (e.g., dwelling units, hotels,
motels, convalescent homes and hospitals) shall be sound attenuated against present and projected noise,
which shall be the sum of all noise impacting the structure, so as not to exceed a standard of forty-five
(45) dB CNEL in all habitable rooms. In conjunction with this construction, all associated outdoor living
areas shall be sound attenuated, if necessary, against present and projected highway noise so as not to
exceed a standard of sixty-five (65) dB CNEL. Prior to the issuance of any building permits for such
development, an acoustical analysis report describing the sound attenuation measures required to satisfy
the noise standards shall be prepared by a City-approved acoustical consultant and submitted to the
Building DirectorCommunity Development Director for approval. The report shall include satisfactory
evidence indicating that the sound attenuation measures have been incorporated into the design of the
project.
2. All nonresidential structures shall be sound attenuated against the combined impact of all present and
projected noise from exterior noise sources as necessary to meet the interior noise criteria of the General
Plan Noise Element. Prior to the issuance of any building permits, evidence prepared by a City-approved
acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning
regulations shall be submitted to the Building DirectorCommunity Development Director in the form of an
acoustical analysis report describing in detail the exterior noise environment and the acoustical design
features required to achieve the interior noise standard and which indicate that the sound attenuation
measures specified have been incorporated into the design of the project.
3. Prior to the issuance of a building permit for a structure that penetrates the 100:1 Notice Surface
pursuant to FAR Part 77.13, the project applicant shall submit a “Notice of Proposed Construction” to the
Federal Aviation Administration (FAA), which will initiate an Aeronautical Study of the project by the FAA.
Upon completion of the FAA Aeronautical Study, the project applicant shall submit evidence to the Building
DirectorCommunity Development Director that restrictions and conditions, if any, imposed on the project
by the FAA have been incorporated into the design of the project.
4. All projects including, but not limited to, General Plan Amendments and Zone Changes, within the
project area pertinent to the Airport Land Use Commission’s (ALUC) John Wayne Airport “Airport Environs
Land Use Plan” shall be referred to ALUC until such time as the City becomes a “Consistent Local Agency”
as defined by ALUC. For purposes of this requirement, the term “project” shall include those applications
requiring discretionary approvals, tentative tract map or parcel map approvals or modifications, and/or
condominium conversions. Such projects shall not include minor modifications, such as remodels and
additions to single-family dwelling units with no intensification of development.
Section 56: Subsection (C)(5) of Section 20.90.050 (Open Space and Recreation District: SP-7
OSR)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
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20.90.050 Open Space and Recreation District: SP-7 (OSR).
C 5. Any other accessory use or structure which the Planning DirectorCommunity Development Director
finds consistent with the purpose and intent of this district.
Section 57: Subsection (D)(9) of Section 20.90.060 (Residential Equestrian District: SP-7
(REQ)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
20.90.060 Residential Equestrian District: SP-7 (REQ).
D 9 Any other accessory use or structure which the Planning DirectorCommunity Development Director
finds consistent with the purpose and intent of this District.
Section 58: Subsection (D)(9) and (F)(4)(b)(iii) of Section 20.90.070 (Residential Kennel
District: SP-7 (RK)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the
Code are amended to read as follows:
20.90.070 Residential Kennel District: SP-7 (RK).
D 9. Any other accessory use or structure which the Planning DirectorCommunity Development Director
finds consistent with the purpose and intent of this district.
F. 4 b iii Within those areas where fences and walls are limited to a maximum height of three and one-half
(3 ½) feet per the this Municipal Code.
Section 59: Subsection (G) of Section 20.90.070 (Residential Kennel District: SP-7 (RK)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
G. 1. Building Site Area. An amendment to a valid use permit or certificate of use and occupancy for a
commercial kennel may be approved administratively by the Planning DirectorCommunity Development
Director, and shall not require an acoustical analysis report per subsection (G)(2) of this section if all of the
following conditions apply:
a. The proposed change does not increase the overall size of the facility by more than ten (10)
percent from that shown on the current plot plan;
b. The proposed change does not increase the number of dog runs from that shown on the
current plot plan;
c. The proposed change does not intensify any accessory uses (e.g., grooming parlor, sale of pet
supplies, training classes) allowed by the current permit and does not provide for any additional
accessory uses;
d. The proposed change is consistent with the setback standards for kennel facilities as set out
in subsection (F) of this section; and
e. The proposed change satisfies the required findings for use permits in Part 5 of this title.
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2. For all new commercial kennels or for structural modifications to existing kennel facilities requiring a
use permit, an acoustical analysis report and appropriate plans shall be submitted describing the noise
generating potential of the proposed project and proposed attenuation measures to assure compliance
with Chapter 10.26 (Community Noise Control). The report shall be prepared by a City-approved acoustical
consultant and submitted to the Building DirectorCommunity Development Director for review and
approval. The approved attenuation features shall be incorporated into the plans and specifications of the
project.
Section 60: Subsections (D)(7)(a) and (D)(7)(b) of Section 20.90.080 (Residential Single-
Family District: SP-7 (RSF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and
Zoning) of the Code are amended to read as follows:
20.90.080 Residential Single-Family District: SP-7 (RSF).
D 7 a. The noncommercial keeping of pets and animals weighing less than three hundred (300) pounds
and not prohibited per subsection (E) of this section (Prohibited Uses), subject to the following standards:
pens, cages, and other structures specifically for the keeping of animals other than in the residence shall
be located at least twenty-five (25) feet from any residential window located on an adjoining building site.
Exceptions to the above may be provided for by a use permit approved by the Planning
DirectorCommunity Development Director.
b. The noncommercial keeping of horses on land immediately adjacent to the Recreation Equestrian
District (REQ); provided, that no horse shall be permitted on a building site containing less than ten
thousand (10,000) square feet of land area, and pens, cages, and other structures specifically for the
keeping of horses shall be located at least fifty (50) feet from any residential window located on an
adjoining building site. One or two adult horses are permitted on a building site containing between ten
thousand (10,000) and fifteen thousand (15,000) square feet of land area. One additional adult horse may
be kept for each additional ten thousand (10,000) square feet, with a maximum of six (6) horses on any
one building site. The offspring of such animals shall be considered adults when eight (8) months old.
Exceptions to the above may be provided for via a use permit approved by the Planning
DirectorCommunity Development Director.
Section 61: Subsection (D)(9) of Section 20.90.080 (Residential Single-Family District: SP-7
(RSF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
D 9. Any other accessory use or structure which the Planning DirectorCommunity Development Director
finds consistent with the purpose and intent of this district.
Section 62: Subsection (D)(7) of Section 20.90.090 (Residential Multiple-Family District: SP-7
(RMF)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
20.90.090 Residential Multiple-Family District: SP-7 (RMF).
D 7. Any other accessory use or structure which the Planning DirectorCommunity Development Director
finds consistent with the purpose and intent of this district.
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Section 63: Subsection (D)(4) of Section 20.90.100 (Horticultural Nursery District: SP-7) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
20.90.100 Horticultural Nursery District: SP-7 (HN).
D 4. Any other accessory uses or structures which the Planning DirectorCommunity Development
Director finds consistent with the purpose and intent of this district.
Section 64: Subsection (D)(4) of Section 20.90.110 (General Commercial District: SP-7 (GC))
of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended
to read as follows:
20.90.110 General Commercial District: SP-7 (GC).
D 4. Any other accessory uses or structures which the Planning DirectorCommunity Development
Director finds consistent with the purpose and intent of this district.
Section 65: Subsection (F)(11)(a)(v) of Section 20.90.110 (General Commercial District: SP-7
(GC)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is
amended to read as follows:
F 11 a v. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They
shall be of a kind, or used in such a manner, so as to provide screening, having a minimum width of two
feet within eighteen (18) months after initial installation. Permanent watering facilities shall be provided.
If, eighteen (18) months after installation, plant materials have not formed an opaque screen or if an
opaque screen is not maintained, the Planning DirectorCommunity Development Director shall require
that either walls, berms, or a solid fence be installed.
Section 66: Subsection (C)(2) of Section 20.90.120 (Business Park District: SP-7 (BP)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
20.90.120 Business Park District: SP-7 (BP).
C 2. The following additional temporary uses are permitted subject to approval of a limited term permit
per Part 5 of this title:
a. Outdoor storage of passenger vehicles and vans, equipment, materials and temporary
structures directly associated with these uses, in compliance with the site development standards
identified below. A cash bond in the amount of five hundred dollars ($500.00) for each temporary
structure shall be posted with the Planning DirectorCommunity Development Director to
guarantee the removal of each temporary structure upon the expiration of the use permit.
b. Commercial coaches serving as temporary office space. A cash bond in the amount of five
hundred dollars ($500.00) for each commercial coach unit shall be posted with the Planning
DirectorCommunity Development Director to guarantee the removal of each commercial coach
unit upon expiration of the use permit.
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c. Conforming uses shall be permitted in nonconforming structures subject to the approval of a
minor use permit. Such building site shall conform with the parking requirements and site
development standards contained in Chapter 20.40 and the site development standards contained
in this section.
d. Any other uses which the Planning DirectorCommunity Development Director finds consistent
with the purpose and intent of this District.
Section 67: Subsection (C)(4)(f) of Section 20.90.120 (Business Park District: SP-7 (BP)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
C 4 f. Any use which the Planning DirectorCommunity Development Director finds would result in
conditions or circumstances contrary to public health, safety and general welfare.
Section 68: Subsection (C)(6)(a) of Section 20.90.120 (Business Park District: SP-7 (BP)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
C 6. a. Perimeter Wall or Fence. An opaque wall or fence shall be constructed at six (6) feet in height
along the side property line and at eight (8) feet in height maximum along the rear property line, measured
from the highest adjacent finished grade of the subject site. For property lines adjacent to the REQ District,
an eight-foot-high wall shall be required. In addition, a front wall or fence may be required at the discretion
of the Planning DirectorCommunity Development Director. Fence or wall materials and height shall be
subject to approval at the discretion of the Planning DirectorCommunity Development Director. However,
open chain link or chain link with wooden or plastic slats shall be prohibited.
Section 69: Subsection (D)(5) of Section 20.90.120 (Business Park District: SP-7 (BP)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
D 5. Any other accessory use or structure which the Planning DirectorCommunity Development Director
finds consistent with the purpose and intent of this district.
Section 70: Subsection (E)(11) of Section 20.90.120 (Business Park District: SP-7 (BP)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
E 11. Any use which the Planning DirectorCommunity Development Director finds would result in
conditions or circumstances contrary to public health, safety and general welfare.
Section 71: Subsection (D)(3) of Section 20.90.130 (Professional and Administrative Office
District: SP-7 (PA)) of Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the
Code is amended to read as follows:
20.90.130 Professional and Administrative Office District: SP-7 (PA).
D 3. Accessory uses and structures which the Planning DirectorCommunity Development Director finds
consistent with the purpose and intent of this district.
123
Section 72: Subsection (C)(3)(b) of Section 20.90.170 (Fire Facility Overlay District: (FF)) of
Chapter 20.90 (Santa Heights Specific Plan) of Title 20 (Planning and Zoning) of the Code is amended to
read as follows:
20.90.170 Fire Facility Overlay District: (FF).
C 3 b. The site shall not be excessively illuminated based on the luminance recommendations of the
Illuminating Engineering Society of North America, or, if in the opinion of the Planning DirectorCommunity
Development Director, the illumination creates an unacceptable negative impact on surrounding land uses
or environmental resources. The Planning DirectorCommunity Development Director may order the
dimming of light sources or other remediation upon finding that the site is excessively illuminated.
124
Section 73: The Table of Contents for Title 21 (Local Coastal Program Implementation Plan)
of the Code is amended to read as follows:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Chapters:
Part 1. Implementation Plan Applicability
21.10 Purpose and Applicability of the Implementation Plan
21.12 Interpretation of Implementation Plan Provisions
21.14 Coastal Maps
Part 2. Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards
21.16 Development and Land Use Approval Requirements
21.18 Residential Coastal Zoning Districts (R-A, R-1, R-BI, R-2, and RM)
21.20 Commercial Coastal Zoning Districts (CC, CG, CM, CN, CV, CV-LV, OG)
21.22 Mixed-Use Coastal Zoning Districts (MU-V, MU-MM, MU-CV/15th St., MU-W1, MU-W2)
21.26 Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS)
21.28 Overlay Coastal Zoning Districts (MHP, PM, B, C and H)
Part 3. Site Planning and Development Standards
21.30 Property Development Standards
21.30A Public Access and Recreation
21.30B Habitat Protection
21.30C Harbor and Bay Regulations
21.34 Conversion or Demolition of Affordable Housing
21.35 Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off-Street Parking
21.44 Transportation and Circulation
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
125
21.49 Wireless Telecommunications Facilities
Part 5. Planning Permit Procedures
21.50 Permit Application Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementation, Time Limits, and Extensions
Part 6. Implementation Plan Administration
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Definitions
21.70 Definitions
Part 8. Maps
21.80 Maps
Part 9. Specific Plans
21.90 Santa Ana Heights Specific Plan
Part 10. Appendices
Appendix A Sea Level Rise
Appendix B Coastal Access Signing Program
Appendix C Oceanfront Encroachment Policy Guidelines
126
Chapter 21.10
PURPOSE AND APPLICABILITY OF THE IMPLEMENTATION PLAN
Section 74: Subsection (A) of Section 21.10.030 (Authority-Relationship to Coastal Land Use
Plan) of Chapter 21.10 (Purpose and Applicability of the Implementation Plan) of Title 21 (Local Coastal
Program Implementation Plan) of the Code is amended to read as follows:
21.10.030 Authority—Relationship to Coastal Land Use Plan.
A. Authority. This Implementation Plan is adopted pursuant to the authority contained in Section 65850
et seq. of the California Cal. Gov.ernment Code, Division 20 of the Cal. Pub.lic Resources Code (California
Coastal Act), and Title 14 CCR, Division 5.5Section 13001 et seq. of the California Cal. Code of Regs.ulations
(California Coastal Commission Regulations).
127
Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
Section 75: Subsection (A)(1) of Section 21.16.060 (Additional Permits and Approvals May
Be Required) of Chapter 21.16 (Development and Land Use Approval Requirements) of Title 21 (Local
Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.16.060 Additional Permits and Approvals May Be Required.
A. 1 Other provisions of the Municipalthis Code (e.g., conditional use permits, minor use permits, limited-
term permits, site development review, zoning clearances, building permits, grading permits, other
construction permits, live entertainment permit, or a business license); or
128
Chapter 21.18
RESIDENTIAL COASTAL ZONING DISTRICT ( R-A, R-1, R-BI, R-2, AND RM)
TABLE 21.18-4 Notes
Section 76: Note (7) of Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning District (R-A, R-1,
R-BI, R-2, AND RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to
read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-,
and moderate-income households and senior citizens in compliance with Government Cal. Gov. Code
Sections 65915 through 65917. Any housing development approved pursuant to Government Cal. Gov.
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective
of coastal resources, with all otherwise applicable Local Coastal Program policies and development
standards.
129
Chapter 21.22
MIXED-USE COASTAL ZONING DISTRICTS (MU-V, MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)
TABLE 21.22-3 Notes
TABLE 21.22-4 Notes
Section 77: Note (6) of Table 21.22-3 of Section 21.22.030 (Mixed-Use Coastal Zoning
Districts General Development Standards) of Chapter 21.22 (Mixed-Use Coastal zoning Districts (MU-V,
MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 21 (Local Coastal Program Implementation Plan) of
the Code is amended to read as follows:
(6) Density bonuses may be granted for the development of housing that is affordable to lower-, low-,
and moderate-income households and senior citizens in compliance with Government Cal. Gov. Code
Sections 65915 through 65917. Any housing development approved pursuant to Government Cal. Gov.
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective
of coastal resources, with all otherwise applicable Local Coastal Program policies and development
standards.
Section 78: Note (7) of Table 21.22-4 of Section 21.22.030 (Mixed-Use Coastal Zoning
Districts General Development Standards) of Chapter 21.22 (Mixed-Use Coastal zoning Districts (MU-V,
MU-MM, MU-CV/15TH ST., MU-W1, MU-W2)) of Title 21 (Local Coastal Program Implementation Plan) of
the Code is amended to read as follows:
(7) Density bonuses may be granted for the development of housing that is affordable to lower-, low-,
and moderate-income households and senior citizens in compliance with Government Cal. Gov. Code
Sections 65915 through 65917. Any housing development approved pursuant to Cal. Gov.Government
Code Section 65915 shall be consistent, to the maximum extent feasible, and in a manner most protective
of coastal resources, with all otherwise applicable Local Coastal Program policies and development
standards.
130
Chapter 21.26
SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS)
Section 79: Subsection (C)(2) of Section 21.26.045 (Planned Community Coastal Zoning
District Land Uses) of Chapter 21.26 (Special Purpose Coastal Zoning Districts (OS, PC, PF, PI, PR, and TS))
of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.26.045 Planned Community Coastal Zoning District Land Uses.
C 2 Subject to approval of the Planning DirectorCommunity Development Director after a determination
that the parking provided is adequate to serve demand and that the uses will not adversely impact other
land uses in the area.
131
Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C AND H)
Section 80: Subsections (A)(1) and (C)(3) of Section 21.28.020 (Mobile Home Park (MHP)
Overlay Coastal Zoning District) of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H))
of Title 21 (Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
A 1. Mobile Home Parks. Mobile home parks as regulated by the State of California pursuant to the Mobile
Home Parks Act (Cal. Health and & Saf.ety Code Section 18300) and the California Coastal Act (Cal. Pub.lic
Resources Code Division 20).
C 3. A mobile home park phase out plan and report on the impact of conversion, closure, or cessation of
the use on the displaced residents of the mobile home park has been prepared, reviewed, and found to
be acceptable and consistent with the provisions of the California GovernmentCal. Gov. Code.
132
Chapter 21.30
PROPERTY DEVELOPMENT STANDARDS
Section 81: Subsections (B)(1)(b) and (B)(5) of Section 21.30.105 (Cultural Resource
Protection) of Chapter 21.30 (Property Development Standards) of Title 21 (Local Coastal Program
Implementation Plan) of the Code are amended to read as follows:
21.30.105 Cultural Resource Protection.
B 1 b. A site where evidence of potentially significant historical resources is found in an initial study
conducted in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub.lic Resources
Code Section 21000 et seq.).
B 5. Offer for Relocation of Historic Structure. Before issuance of a permit by the Building
DirectorCommunity Development Director for the demolition of an historic structure the applicant shall
first offer the structure for relocation by interested parties.
133
Chapter 21.30A
PUBLIC ACCESS AND RECREATION
Section 82: Subsection (B)(1) of Section 21.30A.040 (Determination of Public
Access/Recreation Impacts) of Chapter 21.30A (Public Access and Recreation) of Title 21 (Local Coastal
Program Implementation Plan) of the Code is amended to read as follows:
21.30A.040 Determination of Public Access/Recreation Impacts.
B. 1 Land Use. The project’s impact on use of private lands suitable for visitor-serving commercial
recreational facilities designed to enhance public opportunities for coastal recreation and other priority
uses specified in California Cal. Pub.lic Resources Code Sections 30222 and 30223.
134
Chapter 21.30B
HABITAT PROTECTION
Section 83: Subsections (B)(1) and (D) of Section 21.30B.040 (Wetlands, Deepwater Areas,
and Other Water Areas) of Chapter 21.30B (Habitat Protection) of Title 21 (Local Coastal Program
Implementation Plan) of the Code are amended to read as follows:
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas.
B. 1 Methodology. Wetland delineations shall be conducted in accordance with the definitions of wetland
boundaries contained in 14 CCR Section 13577(b) of the California Code of Regulations.
D. Limits on Development and Uses. Development involving diking, filling, or dredging of open coastal
waters, wetlands, and estuaries shall be limited to uses consistent with the Section 30233 of the California
Cal. Pub.lic Resources Code (Coastal Act) and Section 21.30B.040(E)(2).
135
Chapter 21.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Section 84: Chapter 21.34 (Conversion or Demolition of Affordable Housing) of Title 21
(Local Coastal Program Implementation Plan) of the Code is repealed in its entirety.
136
Chapter 21.38
NONCONFORMING USES AND STRUCTURES
Section 85: Subsection (D)(3) of Section 21.38.070 (Landmark Structures) of Chapter 21.38
(Nonconforming Uses and Structures) of Title 21 (Local Coastal Program Implementation Plan) of the
Code is amended to read as follows:
21.38.070 Landmark Structures.
D 3. Any permit required by other titles of the Municipalthis Code (other than this title) shall be obtained
before the initiation or intensification of an accessory use of a landmark structure;
137
Chapter 21.44
TRANSPORTATION AND CIRCULATION
Section 86: Subsection (C) of Section 21.44.045 (Vacation and Abandonments) of Chapter
21.44 (Transportation and Circulation) of Title 21 (Local Coastal Program Implementation Plan) of the Code
is amended to read as follows:
21.44.045 Vacations and Abandonments.
C. Procedure. Vacations and abandonments shall be processed by filing an application for vacation or
abandonment pursuant to Cal. Streets and HighwaysSts. & Hy. Code Sections 8300 through 8363 and by
filing an application for a coastal development permit pursuant to Chapters 21.50 and 21.52.
Section 87: Subsections (A) and (B) of Section 21.44.055 (Temporary Street Closures) of
Chapter 21.44 (Transportation and Circulation) of Title 21 (Local Coastal Program Implementation Plan) of
the Code are amended to read as follows:
21.44.055 Temporary Street Closures.
A. General. Temporary closing of portions of any street for celebrations, parades, local special events,
and other purposes when necessary for public safety shall be permitted pursuant to Section 21101 of the
Cal. Veh.icle Code.
B. West Newport. Temporarily closing certain streets in West Newport for a period of no more than
twenty-four (24) hours during the Independence Day holiday shall be permitted when, in the opinion of
the Police Chief or his designee, the closure is necessary to protect the public safety. In no event shall any
street closure prevent or interfere with the public’s access to the beach or bay.
138
Chapter 21.48
STANDARDS FOR SPECIFIC LAND USES
Section 88: Subsections (A), (B)(4), and (J) of Section 21.48.200 (Accessory Dwelling Units) of
Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan)
of the Code are amended to read as follows:
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory
dwelling units and junior accessory dwelling units, as defined in Part 7 (Definitions) of this title and in
California GovernmentCal. Gov. Code Sections 65852.2 and 65852.22, or any successor statute, in areas
designated for residential use, including as part of a planned community development plan or specific
plan, and to provide development standards to ensure the orderly development of these units in
appropriate areas of the City.
B. 4 Required to correct a legally established nonconforming zoning condition. This does not prevent the
City from enforcing compliance with applicable building standards in accordance with California Cal.
Health and & Saf.ety Code Section 17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on
residential or mixed-use properties that are determined to be historic shall be approved ministerially, in
conformance with California GovernmentCal. Gov. Code Sections 65852.2 and 65852.22. However, any
accessory dwelling unit or junior accessory dwelling unit that is listed on the California Register of Historic
Resources shall meet all Secretary of the Interior standards, as applicable.
139
Chapter 21.49
WIRELESS TELECOMMUNICATIONS FACILITIES
Section 89: Subsection (R) of Section 21.49.030 (Definitions) of Chapter 21.49 (Wireless
Telecommunication Facilities) of Title 21 (Local Coastal Program Implementation Plan) of the Code is
amended to read as follows:
21.49.030 Definitions.
R. Wireless Tower. “Wireless tower” means any structure built for the sole or primary purpose of
supporting antennas used to provide wireless services authorized by the FCC. A distributed antenna
system (DAS) installed pursuant to a Certificate of Public Convenience and Necessity (CPCN) issued by the
California Public Utilities Commission on a water tower, utility tower, streetlight, or other structures built
or rebuilt or replaced primarily for a purpose other than supporting wireless services authorized by the
FCC, including any structure installed pursuant to California Cal. Pub.lic Util.ity Code Section 7901, is not a
wireless tower for purposes of this definition. For an example only, a prior-existing streetlight standard
which is replaced with a new streetlight standard to permit the addition of antennas shall not be
considered a wireless tower, but rather a replacement streetlight standard.
Section 90: Subsections (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Section 21.49.050 (General
Development and Design Standards)) of Chapter 21.49 (Wireless Telecommunication Facilities) of Title 21
(Local Coastal Program Implementation Plan) of the Code are amended to read as follows:
21.49.050 General Development and Design Standards.
F 3 b. New or replacement vertical structures may be allowed when authorized by the Municipalthis
Code and approved by the Public Works Department. Replacement poles or streetlights shall be consistent
with the size, shape, style, and design of the existing pole, including any attached light arms. New poles or
streetlights may be installed, provided they match existing or planned poles within the area.
F 6 b i. Where existing utilities services (e.g., telephone, power, cable TV) are located underground, the
support equipment shall be placed underground if required by other provisions of the Municipalthis Code.
Flush-to-grade underground vault enclosures, including flush-to-grade vents, or vents that extend no more
than twenty-four (24) inches above the finished grade and are screened from public view, may be
incorporated. Electrical meters required for the purpose of providing power for the proposed telecom
facility may be installed above ground on a pedestal in a public right-of-way provided they meet applicable
standards of Title 13 unless otherwise precluded by the Municipalthis Code.
J 2. All graffiti on any components of the telecom facility shall be removed promptly in accordance with
the Municipalthis Code.
140
Chapter 21.50
PERMIT APPLICATION FILING AND PROCESSING
TABLE 21.50-1 Notes
Section 91: Note (7) of Table 21.50-1 (Review Authority) of Section 21.50.020 (Authority for
Decisions) of Chapter 21.50 (Permit Application Filing and Processing) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
(7) All development on tidelands, submerged lands, and public trust lands as described in California
PublicCal. Pub. Resources Code Section 30519(b) and in deferred certification areas designated by the
Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with
procedures specified by the Coastal Commission, in addition to other permits or approvals required by the
City.
Section 92: Subsections (B) and (C) of Section 21.50.025 (Projects Bisected by Jurisdictional
Boundaries) of Chapter 21.50 (Permit Application Filing and Processing) of Title 21 (Local Coastal Program
Implementation Plan) of the Code are amended to read as follows:
21.50.025 Projects Bisected by Jurisdictional Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is
located within both the Coastal Commission’s and City’s coastal development permit jurisdictions, coastal
development permits are required by both the City and the Coastal Commission. Alternatively, if the
applicant, the City and the Coastal Commission agree, the Coastal Commission can process a consolidated
coastal development permit application pursuant to the procedures in Cal. Pub.lic Resources Code, Section
30601.3.
C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of
the City and another local government, the applicant must obtain separate coastal permits from each
jurisdiction. An exception is possible for public agencies that, pursuant to California Cal. Pub.lic Resources
Code Section 30605, may obtain one “Public Works Plan” approval from the Coastal Commission, in lieu
of locally issued coastal permits.
141
Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
Section 93: Section 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as
follows:
21.52.010 Purpose.
This chapter provides procedures to ensure that all public and private development in the coastal zone is
consistent with the California Coastal Act of 1976 (Division 20 of the Cal. Pub.lic Resources Code) as
amended, in accordance with the City’s Local Coastal Land Use Plan and the City’s Local Coastal Program.
The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore,
the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to
determine whether or not a proposal in the City’s permitting jurisdiction constitutes development and
whether or not that development requires a coastal development permit or is exempt. No provision
contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations,
shall be used in such determinations.
Section 94: Subsections (B)(1) and (H) of Section 21.52.015 (Coastal Development Permits) of
Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementation Plan) of the Code are amended to read as follows:
21.52.015 Coastal Development Permits.
B 1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands,
submerged lands, and public trust lands as described in Cal. Pub.lic Resources Code Section 30519(b) and
in deferred certification areas designated by the certified Local Coastal Program require a permit or
exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal
Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally
depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map.
H. Notice of Final Action. Within seven calendar days of the date of the City’s final local action on an
exemption or coastal development permit application and meeting the requirements of Title 14 California
CCR Cal. Code of Regs.ulations Section 13570, a notice of its final action shall be sent, by first class mail,
to the applicant, the Coastal Commission, and any persons who specifically request such notice by
submitting a self-addressed, stamped envelope to the City. Such notice shall be accompanied by a copy of
the exemption, denial, or coastal development permit approval with conditions of approval and written
findings and the procedures for appeal of the action to the Coastal Commission.
Section 95: The introductory paragraph to Subsection (C) of Section 21.52.035 (Projects
Exempt from Coastal Development Permit Requirements) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as
follows:
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
142
C. Coastal Act Exemptions. Developments not located within the Coastal Commission’s permit jurisdiction
determined to be exempt from the coastal development permit requirements pursuant to California Cal.
Pub.lic Resources Code Section 30610. The following types of projects shall be so exempted unless they
involve a risk of adverse environmental effects:
Section 96: Subsection (C)(1)(d)(i) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 1 d i. An increase of ten (10) percent or more of the floor area of existing structure(s) on the building site
or an additional improvement of ten (10) percent or less where an improvement to the structure has
previously been undertaken pursuant to California PublicCal. Pub. Resources Code Section 30610(a)
and/or this subsection.
Section 97: Subsection (C)(2)(d)(i) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 2 d i. An increase of ten (10) percent or more of the internal floor area of existing structure(s) on the
building site or an additional improvement of ten (10) percent or less where an improvement to the
structure has previously been undertaken pursuant to California PublicCal. Pub. Resources Code Section
30610(a) and/or this subsection.
Section 98: Subsection (C)(4)(d) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 4 d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-family
residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair
and maintenance under California PublicCal. Pub. Resources Code Section 30610(d) but instead
constitutes a replacement structure requiring a coastal development permit.
Section 99: Subsection (C)(7) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
C 7. Time-Share Conversions. Any activity anywhere in the coastal zone that involves the conversion of any
existing multiple-unit residential structure to a time-share project, estate, or use, as defined in Section
11003.5 of the Cal. Bus.iness and& Prof.essions Code. If any improvement to an existing structure is
otherwise exempt from the permit requirements of this part, no coastal development permit shall be
required for that improvement on the basis that it is to be made in connection with any conversion exempt
pursuant to this subsection. The division of a multiple-unit residential structure into condominiums, as
defined in Section 783 of the Cal. Civ.il Code, shall not be considered a time-share project, estate, or use
for purposes of this subsection.
Section 100: Subsection (C)(8) of Section 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementation Plan) of the Code is added to read as follows:
143
C 8. Tentative Parcel Maps for Condominium Purposes. Tentative parcel maps involving the subdivision of
airspace within two-unit or multi-unit dwellings for condominium purposes.
Section 101: Section 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal
Development Review Procedures) of Title 21 (Local Coastal Program Implementation Plan) of the Code is
amended to read as follows:
21.52.045 Categorical Exclusions.
A. Post-Certification Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion
after certification of this Implementation Plan pursuant to Cal. Pub. Resources Code Sections 30610(e) or
30610.5 of the Public Resources Code and 14 CCR Cal. Code of Regs. Title 14, Division 5.5, Chapter 6,
Subchapter 4 or 5 of Chapter 6 of Division 5.5 of Title 14 of the California Code of Regulations (Sections
13215 et seq. -235 and 14 CCR Section 240 et seq-249). Records of such categorical exclusions shall be
kept on file with the Department.
B. Notice of Exclusion. A notice of exclusion shall be provided to the Coastal Commission and to any
person who has requested such notice within five (5) businessworking days of issuance. The notice of
exclusion may be issued at the time of project application but shall not become effective until all other
approvals and permits required for the project are obtained. A copy of all terms and conditions imposed
by the City shall be provided to the Coastal Commission, per 14 CCR Cal. Code of Regs. Section 13315 of
the California Code of Regulations.
Section 102: Subsection (A) of Section 21.52.075 (Coastal Commission Review of Recorded
Access Documents) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal
Program Implementation Plan) of the Code is amended to read as follows:
21.52.075 Coastal Commission Review of Recorded Access Documents.
A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization
for development, and where issuance of the permit or authorization is conditioned upon the applicant
recording a legal document which restricts the use of real property or which offers to dedicate or grant an
interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts
of any legal documents proposed to implement the conditions shall be forwarded to the Coastal
Commission for review and approval prior to the issuance of the permit consistent with the following
procedures and 14 CCR California Code of RegulationsCal. Code of Regs. Section 13574:
144
Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
Section 103: Subsection (B) of Section 21.54.030 (Effective Date of Permits-Notice of Final
Action) of Chapter 21.54 (Permit Implementation, Time Limits, and Extensions) of Title 21 (Local Coastal
Program Implementation Plan) of the Code is amended to read as follows:
21.54.030 Effective Date of Permits—Notice of Final Action.
B. Notice of Final Action. Final City action on permits for sites located within the City’s coastal zone shall
be documented by the notice of final local action which the City sends to the Coastal Commission within
seven days of the City’s final action on a CDP application and compliance with Title 14 California Code of
RegulationsCCR Cal. Code of Regs. Section 13570.
145
Chapter 21.64
APPEALS AND CALLS FOR REVIEW
Section 104: The introductory paragraph of Section 21.64.035 (Appeal to the Coastal
Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
21.64.035 Appeal to the Coastal Commission.
A final action taken by the City on a coastal development permit application for appealable development
as defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with
this section and Title 14 California Code of RegulationsCCR Cal. Code of Regs. Sections 13111 through
13120 and Section 30603 of the Coastal Act Section 30603. If there is any conflict between the provisions
of this section or Title 14 California Code of RegulationsCCR Cal. Code of Regs. Sections 13111 through
13120 and Section 30603 of the Coastal Act, Title 14 California Code of RegulationsCCR Cal. Code of Regs.
Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control.
Section 105: Subsection (A) of Section 21.64.035 (Appeal to the Coastal Commission) of
Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of
the Code is amended to read as follows:
A. Appealable Development—Cal. Pub.lic Resources Code Section 30603(a). A decision by the City on a
coastal development permit application within the appeal areas identified in Cal. Pub.lic Resources Code
Section 30603(a) as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map
or on any development approved or denied by the City on a coastal development permit application for a
project that constitutes a major public works project or energy facility may be appealed to the Coastal
Commission.
Section 106: Subsection (B) of Section 21.64.035 (Appeal to the Coastal Commission) of
Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of
the Code is amended to read as follows:
1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two members of
the Coastal Commission in compliance with Cal. Pub.lic Resources Code Section 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub.lic Resources Code Section 30801, an aggrieved
person is any who, in person or through a representative, appeared at a public hearing held before the
Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed,
or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns
or who for good cause was unable to do either.
Section 107: Subsection (C) of Section 21.64.035 (Appeal to the Coastal Commission) of
Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementation Plan) of
the Code is amended to read as follows:
C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision
on a coastal development permit application to the Coastal Commission only after exhausting all appeals
to the Planning Commission and Council in compliance with this chapter. Exhaustion of all local appeals
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shall not apply to any circumstance identified in Cal. Code of Regs.ulations14 CCR Section 13573(a),
including, but not limited to, the following circumstances:
1. An appellant was denied the right of the initial local appeal under this chapter because City
notice and hearing procedures did not comply with Title 14, Division 5.5, Chapter 8, Subchapter
2, Article 17 of the California Code of RegulationsCCR Section 13573Cal. Code of Regs.; or
2. The local government jurisdiction changes an appeal for the filing or processing of appeals.
In addition, in accordance with 14 CCR Cal. Code of Regsulations Section 13573(b), there shall be no
requirement of exhaustion of local appeals when an appeal of a City decision is filed by two members of
the Coastal Commission in compliance with Cal. Pub.lic Resources Code Section 30625. Notice of a Coastal
Commissioners’ appeal shall be transmitted to the City in compliance with Title 14 California Cal. Code of
Regs CCR.ulations Section 13111(d). The Director may transmit the Commissioners’ appeal to the local
appellate body (which considers appeals from the local body that rendered the final decisions subject to
the Commissioner appeal), and the Commissioners’ appeal may be suspended pending a decision on the
merits by that local appellate body. If the final action by an appellate body modifies or reverses the
previous decision, the Coastal Commissioners shall be required to file a new appeal from that decision.
Section 108: The introductory sentence to Subsection (D) of Section 21.64.035 (Appeal to the
Coastal Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program
Implementation Plan) of the Code is amended to read as follows:
D. Grounds for Appeal to Coastal Commission—Cal. Pub.lic Resources Code Section 30603. The grounds
for an appeal to the Coastal Commission of a City final action on a coastal development permit application
are as follows:
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Chapter 21.68
ENFORCEMENT
Section 109: Subsection (C) of Section 21.68.050 (Legal Remedies) of Chapter 21.68
(Enforcement) of Title 21 (Local Coastal Program Implementation Plan) of the Code is amended to read as
follows:
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addition to the enforcement provisions contained in this
chapter, the provisions of Cal. Pub. Resources Code Division 20, Chapter 9 of Division 20 of the Public
Resources Code shall also apply with respect to violations and enforcement and the City and the
Commission shall have the enforcement powers described therein.
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Chapter 21.70
DEFINITIONS
Section 110: Section 21.70.010 (Purpose of Part) of Chapter 21.70 (Definitions) of Title 21
(Local Coastal Program Implementation Plan) of the Code is amended to read as follows:
21.70.010 Purpose of Part.
This part provides definitions of terms and phrases used in this Implementation Plan that are technical or
specialized, or that may not reflect common usage. If the definitions in this part conflict with definitions
in other provisions of the Municipalthis Code, these definitions shall control for the purposes of this
Implementation Plan. If a word is not defined in this part, or elsewhere in this Implementation Plan, the
most common dictionary definition is presumed to be correct.
Section 111: The following definitions in Section 21.70.020 (Definitions of Specialized Terms
and Phrases) of Chapter 21.70 (Definitions) of Title 21 (Local Coastal Program Implementation Plan) of the
Code are amended to read as follows:
21.70.020 Definitions of Specialized Terms and Phrases.
“Aggrieved person” means any person who, in person or through a representative, appeared at a public
hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the
decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of
the nature of their concerns or who for good cause was unable to do either (Cal. Pub.lic Resources Code
Section 30801).
“Alcohol sales, off-sale, accessory only (land use)” means an establishment that has all of the following
characteristics:
1. Alcoholic beverages will be or are sold, served, or given away for consumption off the premises
where sold, served, or given away;
2. The establishment is applying for or has obtained an ABC License Type 20 (off-sale beer and
wine—package store) or License Type 21 (off-sale general—package store); and
3. The sale of alcoholic beverages is accessory to the retail sale of food products and the display
area for alcoholic beverages does not exceed thirty (30) percent of the net floor area of the use.
Illustrative examples include convenience markets, drug stores, grocery stores, and supermarkets,
but do not include convenience markets.
“Review authority” means the individual or official City or State body identified by this Implementation
Plan as having the responsibility and authority to review and approve or disapprove ministerial and
discretionary permit applications described in this Implementation Plan. Includes the Newport Beach City
Council (“Council”), the Planning Commission (“Commission”), the Planning DirectorCommunity
Development Director (“Director”), the Zoning Administrator (“Zoning Administrator”), the Community
Development Department (“Department”), the City Traffic Engineer, the Public Works Director and the
California Coastal Commission (“Coastal Commission”).
Animal-Keeping (Land Use).
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3. “Animal, wild” means an animal that is not customarily confined or cultivated by man for domestic
or commercial purposes but kept for display. Includes an animal that may be imported, transported, or
possessed only by first obtaining a California Department of Fish and Game Permit, as required in 14 CCR
California Code of RegulationsCal. Code of Regs. Title 14, Section 671 (Importation, Transportation and
Possession of Live Restricted Animals).
“Area median income” means the median income, adjusted for family size, applicable to Orange County,
established by the U.S. Department of Housing and Urban Development, and published annually by the
California Department of Community Development in the 25 CCR Cal.California Code of Regs.ulations, Title
25, Section 6932 (or its successor provision).
“California Environmental Quality Act (CEQA)” means a State law (California Cal. Pub.lic Resources Code
Section 21000 et seq.).
“Categorical exclusion area” means that portion of the coastal zone within an exclusion area boundary
adopted in compliance with the California Coastal Act (Cal. Pub.lic Resources Code Section 30000 et seq.).
“Categorical exclusion order” means a decision issued by the California Coastal Commission in compliance
with the Coastal Act (Cal. Pub.lic Resources Code Section 30610(e)), in which the Coastal Commission
excludes certain categories of development from requirements to obtain coastal development permits
from the Coastal Commission. A categorical exclusion order automatically terminates upon the effective
date of the delegation of development review authority to a local government in compliance with 14
California CCR Cal. Code of Regs.ulations Section 13249(b).
“Categorical exemption” means, as defined by 14 CCR Section 15354 of the State CEQA Guidelines (Title
14, California Cal. Code of Regs.ulations), an exemption from CEQA for a class of projects based on a finding
by the Secretary of Resources that the class of projects does not have a significant effect on the
environment.
“Coastal Commission” means the California Coastal Commission, the State agency established by State law
responsible for carrying out the provisions of the California Coastal Act of 1976, as amended (Cal. Pub.lic
Resources Code Section 30000 et seq.) and for appellate review of decisions rendered by a City review
authority.
“Coastal Commission exclusion areas” means the boundaries of the areas where a category of
development, or a category of development within a specifically defined geographic area, is excluded from
the coastal development permit requirements pursuant to Cal. Pub.lic Resources Code Section 30610,
which shall be established by the terms and conditions applied to each categorical exclusion order by the
Coastal Commission.
“Coastal Commission permit jurisdiction” means the boundaries of tidelands, submerged lands, and public
trust lands described in Section 30519(b) of the Cal. Pub.lic Resources Code where the Coastal Commission
retains permit jurisdiction.
“Coastal-dependent development or use” means any development or use which requires a site on, or
adjacent to, the sea to be able to function at all (from California Cal. Pub.lic Resources Code Section
30101).
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“Coastal development permit (CDP)” means a permit for any development within the coastal zone that is
required pursuant to subdivision (a) of Cal. Publ.ic Resources Code Section 30600.
“Coastal-related development or use” means any development or use that is dependent on a coastal-
dependent development or use (from California Cal. Pub.lic Resources Code Section 30101.3).
“Coastal zone” means the geographic zone adjacent to the shoreline, the land and water area boundaries
of which are determined by the California Coastal Act of 1976, as amended (Cal. Pub.lic Resources Code
Section 30000 et seq.).
“Condominium” means a form of property ownership providing for individual ownership of space in a
structure together with an individual interest in the land or other parts of the structure in common with
other owners. Includes a condominium project, community apartment project, or stock cooperative, as
defined in California Cal. Civ.il Code Section 1351.
“Density bonus” means, as defined by Cal. Gov.Government Code Section 65915 et seq., an increase over
the maximum density otherwise allowed by the applicable zoning district that is granted to the
owner/developer of a housing project who agrees to construct a prescribed percentage of dwelling units
that are affordable to very low- and low-income households. See “Very low-income household” and “Low-
income household.”
“Development” means on land, in or under water, the placement or erection of solid material or a
structure; discharge or disposal of dredged material or of gaseous, liquid, solid, or thermal waste; grading,
removing, dredging, mining, or extraction of materials; change in the density or intensity of use of land,
including, but not limited to, subdivision in compliance with the Subdivision Map Act (commencing with
Government Cal. Gov. Code Section 66410), and another division of land, including lot splits, except where
the land division is brought about in connection with the purchase of the land by a public agency for public
recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction,
demolition, or alteration of the size of a structure, including a facility of a private, public, or municipal
utility; and the removal or harvesting of major vegetation other than for agricultural purposes and kelp
harvesting.
“Dwelling unit, accessory (land use)” means a dwelling unit accessory to and attached to, detached from,
or contained within the principal dwelling unit on a site zoned for residential use. An accessory dwelling
unit also includes the following:
1. An efficiency unit, as defined in Section 17958.1 of the California Cal. Health and & Saf.ety Code Section
17958.1, or any successor statute.
2. A manufactured home, as defined in Section 18007 of the California Cal. Health and & Saf.ety Code
Section 18007, or any successor statute.
“Emergency” means any sudden, unexpected occurrence demanding immediate action to prevent or
mitigate loss of or damage to life, health, property or essential public services as used in Cal. Pub.lic
Resources Code Section 30624.
“Emergency shelter (land use)” means, as defined in Cal. Health &and Saf.ety Code Section 50801(e), a
facility with minimal supportive services for homeless persons.
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“Environmentally sensitive habitat area (ESHA)” as defined in Cal. Pub.lic Resources Code Section 30107.5
means an area in which plant or animal life or their habitats are either rare or especially valuable because
of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human
activities and developments.
“Explosives” means a substance defined as an explosive by Cal. Health and& Saf.ety Code Section 12000
et seq., and for which a permit is required by the Cal. Health and& Saf.ety Code. See also “Hazardous
materials.”
“General Plan” means the City of Newport Beach General Plan, and all amendments thereto, as adopted
by the City Council under the provisions of Cal. Gov.ernment Code Section 65300 et seq., and referred to
in this Implementation Plan as the “General Plan.”
“Final map” means a subdivision map prepared in compliance with Subdivision Map Act, Article 2, Chapter
2, and approved in compliance with Subdivision Map Act, Article 4, Chapter 3 (Cal. Gov.Government Code
Section 66410 et seq.), that is used to complete the subdivision of five (5) or more lots. See also “Parcel
map” and “Tentative map.”
“Lot line adjustment” means, as provided in the Subdivision Map Act (Cal. Gov.Government Code Section
66412(d)), a lot line adjustment that relocates one or more lot lines between two or more existing adjacent
lots, where land taken from one lot is added to an adjacent lot and where no more lots are created than
originally existed.
“Major energy facility” means any public or private processing, producing, generating, storing,
transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy
which exceeds one hundred thousand dollars ($100,000) in its estimated cost of construction with an
automatic increase in accordance with the Engineering News Record Construction Cost Index, except for
those governed by the provisions of Cal. California Public Pub. Resources Code Section 30610, 30610.5,
30611 or 30624.
“Municipal Code” means the Newport Beach Municipal Code of the City of Newport Beach, as amended.
“Parcel map” means the subdivision map described by the Subdivision Map Act, Article 3, Chapter 2 (Cal.
Government Gov. Code Section 66410 et seq.), which is required to complete a subdivision of four (4) or
fewer lots. See also “Final map” and “Tentative map.”
Parks and Recreational Facilities (Land Use).
2. “Recreation, passive” means a type of outdoor recreation or activity that can be carried out with little
alteration or improvement to existing topography of a site, with the use of existing natural resources, and
with a minimal impact (e.g., bicycling, hiking, jogging, walking, bird-watching, picnicking, etc.).
Parolee-Probationer. A parolee-probationer includes: (1) any individual who has been convicted of a
fFederal crime, sentenced to a United States prison, and received conditional and revocable release in the
community under the supervision of a fFederal parole officer; (2) any individual who has served a term of
imprisonment in a State prison and who is serving a period of supervised community custody, as defined
in Cal. Pen.al Code Section 3000, and is under the jurisdiction of the California Department of Corrections,
Parole and Community Services Division; (3) an adult or juvenile sentenced to a term in the California
Youth Authority and who has received conditional and revocable release in the community under the
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supervision of a Youth Authority Parole Officer; or (4) any individual who has been convicted of a felony,
sentenced to any correctional facility, including County correctional facilities, and is under the jurisdiction
of any fFederal, State, or County parole or probation officer. For the purposes of this definition, “felony”
means a felony as defined by any California or United States statute.
“Public trust lands” means all lands subject to the Common Law Public Trust for commerce, navigation,
fisheries, recreation, and other public purposes. Public trust lands include tidelands, submerged lands, the
beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or
reclaimed and which were subject to the public trust at any time (14 California CCR Cal. Code of
Regulations Regs. Section 13577). See “Submerged lands” and “Tidelands.”
“Senior citizen housing development” means a residential development developed, substantially
rehabilitated, or substantially renovated for senior citizens (i.e., persons fifty-five (55) years of age or older)
that has at least thirty-five (35) dwelling units and that conforms to Cal. Civ.il Code Section 51.3(b)(4).
“Specific plan” means, under Cal. Government Gov. Code Section 65450 et seq., a policy statement and
implementation tool adopted by the City Council that addresses a single project or planning problem. A
specific plan may include detailed regulations, conditions, programs, and/or proposed legislation that may
be necessary or convenient for the systematic implementation of a General Plan element(s).
“Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land,
or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be
considered as contiguous units even if it is separated by roads, streets, utility easement or railroad rights-
of-way. Subdivision includes a condominium project, as defined in subdivision (F) of Section 1351 of the
Cal. Civ.il Code Section 1351 (f), a community apartment project, as defined in subdivision (D) of Section
1351 of the Cal. Civ.il Code Section 1351 (D), or the conversion of five (5) or more existing dwelling units
to a stock cooperative, as defined in subdivision (M) of Section 1351 of the Cal. Civ.il Code Section 1351
(M) . [Note: same meaning as in the Subdivision Map Act.]
“Subdivision Map Act” means Division 2, Title 7 of the California Cal. Government Gov. Code, commencing
with Section 66410, as amended, regarding the subdivision of real property.
“Submerged lands” means lands that lie below the line of mean low tide (14 CCR from California Cal. Code
of Regulations Regs. Section 13577). See “Public trust lands.”
“Supportive housing” means housing with no limit on length of stay, that is occupied by the target
population, as defined by Section 53260(d) of the California Cal. Health and & Safety Saf. Code Section
53260 (d), and that is linked to on-site or off-site services that assist the tenant to retain the housing,
improve his or her health status, maximize their ability to live and, when possible, to work in the
community. Supportive housing that is provided in single-, two-, or multi-family dwelling units, group
residential, parolee-probationer home, residential care facilities, or boarding house uses shall be
permitted, conditionally permitted or prohibited in the same manner as the other single-, two- or multi-
family dwelling units, group residential, parolee-probationer home, residential care facilities, or boarding
house uses under this Code.
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“Tentative map” means a subdivision map prepared in compliance with the Subdivision Map Act (Cal.
Government Gov. Code Section 66410 et seq.) that specifies the conditions that must be satisfied and the
details that must be provided before approval of a final map. See also “Final map” and “Parcel map.”
“Tidelands” means lands that are located between the lines of mean high tide and mean low tide (14 CCR
from California Cal. Code of Regulations Regs. Section 13577). See “Public trust lands.”
Visitor Accommodations (Land Use).
4. “Hotel” means an establishment that provides guest rooms or suites for a fee to transient guests for
sleeping purposes. Access to units is primarily from interior lobbies, courts, or halls. Related accessory
uses may include conference and meeting rooms, restaurants, bars, and recreational facilities. Guest
rooms may or may not contain kitchen facilities for food preparation (i.e., refrigerators, sinks, stoves, and
ovens). Hotels with kitchen facilities are commonly known as extended stay hotels. A hotel operates
subject to taxation under Cal. Revenue and TaxationRev. & Tax. Code Section 7280.
5. “Motel” means an establishment that provides guest rooms for a fee to transient guests for sleeping
purposes. Guest rooms do not contain kitchen facilities. A motel is distinguished from a hotel primarily by
direct independent access to, and adjoining parking for, each guest room. A motel operates subject to
taxation under Cal. Revenue and TaxationRev. & Tax. Code Section 7280.
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October 19, 2023, Planning Commission Item 4 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 4. MUNICIPAL CODE AMENDMENTS (PA2022-0219)
To be clear, the direction given by the Council via Item 5 on its September 13, 2022, consent
calendar was to:
“Direct the Board of Library Trustees, City Arts Commission, Harbor Commission,
Parks, Beaches, and Recreation Commission, and the Planning Commission to each
form an ad hoc committee for the purposes of reviewing the Municipal Code and City
Council Policies within that particular body's expertise and submit back to City
Council by June 30, 2023 recommendations concerning: (1) deleting or reducing
language; and (2) the advisability of applying sunset provisions for new or existing
Municipal Code provisions.”
The recommended changes generally seem to fall within the requested categories of change,
although those shown on handwritten page 86, about fast-casual, take-out restaurants, appear
to be mostly additions of words rather than removals of them.
Some of them, such as changing “Government Code” to “Gov. Code” strike me as reducing
letters, not language, and at the expense of clarity for those who may not know what the
abbreviations stand for. Moreover, if reducing letters is the goal, I do not know why there is no
recommendation to change “Section” to “Sec.” – or to abbreviate many other words. If it helps
anyone to change “Health & Safety” to “Health & Saf.”, then why wouldn’t we want to further
assist them by changing “Pub. Resources” to “Pub. Res.”? And doesn’t inserting “Cal.” before
every California Codes reference increase words, not reduce them?
Some of the suggested changes appear to have introduced new redundancies. For example, on
handwritten pages 40 and 116, the proposed new definition that: ““Municipal Code” means the
Newport Beach Municipal Code of the City of Newport Beach, as amended.”
It is much more troubling to me that the cryptic staff report provides no in-depth explanation of
why any of the changes are being proposed. For example, why are chapters setting policies for
“Conversion or Demolition of Affordable Housing” inapplicable to Newport Beach. Do we have
no affordable housing, and never expect to have any?
Many of the other, smaller deletions I can likewise not guess the reason for. One would guess
many were there for a purpose.
Planning Commission - October 19, 2023 Item No. 4a - Additional Materials Received Municipal Code Changes to Reduce Regulations (PA2022-0219)
MUNICIPAL CODE CHANGES TO REDUCE REGULATIONS
Planning Commission Meeting
October 19, 2023
Planning Commission - October 19, 2023 Item No. 4b - Additional Materials Received Municpal Code Changes to Reduce Regulations (PA2022-0219)
SUPPORT OF CITY COUNCIL EFFORTS
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•September 13, 2022 - City Council Direction
•Intent: Delete or reduce code language, and/or sunset existing code provisions
•Planning Commission Ad-Hoc Committee
•Commissioners Harris, Rosene, and Klaustermeier
•August 3, 2023 - Planning Commission Review and Support
Planning Commission - October 19, 2023 Item No. 4b - Additional Materials Received Municpal Code Changes to Reduce Regulations (PA2022-0219)
RECOMMENDED AREAS AFFECTING TITLES 19, 20 AND 21
3
1.Tentative Map Review – Eliminate the public hearing requirement for small
condominium projects.
2.Bluff Overlay District – Eliminate conflict between Title 20 and Title 21 by
deleting the overlay in Title 20.
3.Take-Out Service—Fast-Casual – Change threshold for when a fast-casual
take-out restaurant with no late hours requires a minor use permit (500’ to
100’).
4.Conversion or Demolition of Affordable Housing – Eliminate Chapters
20.34 and 21.34 as they are inapplicable to the City. [Less than 50 ac. of
privately owned land that is vacant and available for residential development
within the coastal zone or within 3mi]
Planning Commission - October 19, 2023 Item No. 4b - Additional Materials Received Municpal Code Changes to Reduce Regulations (PA2022-0219)
ADDITIONAL AMENDMENTS
4
1.Code References – Correcting, updating and/or clarifying the references to
NBMC and State law throughout.
2.Director References – Change from “Building Director” or “Planning Director”
to “Community Development Director”.
3.Reasonable Accommodations– Eliminate conflicting provisions for review
authority.
4.Alcohol Sales, Off-Sale (with late hours) – Elevate review authority to
Planning Commission (MUP to CUP)
Planning Commission - October 19, 2023 Item No. 4b - Additional Materials Received Municpal Code Changes to Reduce Regulations (PA2022-0219)
RECOMMENDATION
5
1)Conduct a public hearing;
2)Find this review exempt from CEQA; and
3)Adopt Resolution No. PC2023-039, recommending City Council adopting and submittal of LCP related amendments to the CA Coastal Commission.
Planning Commission - October 19, 2023 Item No. 4b - Additional Materials Received Municpal Code Changes to Reduce Regulations (PA2022-0219)
6
QUESTIONS AND DISCUSSION
Jaime Murillo, Planning Manager
949-644-3209, jmurillo@newportbeachca.gov
Planning Commission - October 19, 2023 Item No. 4b - Additional Materials Received Municpal Code Changes to Reduce Regulations (PA2022-0219)