HomeMy WebLinkAboutPC2023-039 - 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 COMMITTEERESOLUTION 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: Barto, Harris, Langford, Lowrey, and Salene
NOES: None ABSTAIN: None
ABSENT: Ellmore and Rosene
BY:___________________________
Tristan Harris, Secretary BY:____________________________
Seimone Jurjis, Ex-Officio 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)
Sec�on 1: Subsec�on (A)(2) of Sec�on 19.12.060 (Review of Tenta�ve Parcel Maps) of Chapter 19.12
(Tenta�ve Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Procedures. Except as provided in subsec�on (A)(5), the provisions for tenta�ve tract maps set forth in Sec�ons
19.12.050(B) through (H) and (J) regarding staff reports, public hearings, �me limits, required findings, approval
by inac�on, and indemnifica�on shall apply to tenta�ve parcel maps.
Sec�on 2: Subsec�on (A)(5) of Sec�on 19.12.060 (Review of Tenta�ve Parcel Maps) of Chapter 19.12
(Tenta�ve Map Review) of Title 19 (Subdivisions) of the Code is amended to read as follows:
Review of Tenta�ve Parcel Maps for Condominium Purposes. Tenta�ve parcel maps involving the subdivision of
airspace within two-unit or mul�-unit dwellings for condominium purposes shall be exempt from the provisions
set forth in Sec�ons 19.12.050(B) and (C) regarding staff reports and public hearings. Public no�ce shall be
provided in accordance with Cal. Gov. Code Sec�ons 65090, 65091, and 66451.3 and City procedures, except
that the no�ce shall include a statement that no local public hearing will be held; however, writen comments
on the proposed subdivision will be considered if submited by no later than the date set forth in the no�ce.
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Sec�on 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 Interpreta�on 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 Residen�al 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 Transporta�on 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 Telecommunica�ons Facili�es
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Part 5. Planning Permit Procedures
20.50 Permit Applica�on Filing and Processing
20.52 Permit Review Procedures
20.54 Permit Implementa�on, Time Limits, and Extensions
20.56 Planned Community District Procedures
20.58 Specific Plan Procedures
Part 6. Zoning Code Administra�on
20.60 Administra�ve Responsibility
20.62 Public Hearings
20.64 Appeals
20.66 Amendments
20.68 Enforcement
Part 7. Defini�ons
20.70 Defini�ons
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
Sec�on 4: Subsec�on (A) of Sec�on 20.10.050 (Responsibility for Administra�on) 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 Administra�on.
A. Responsible Authority. This Zoning Code shall be administered by: City Council, herea�er referred to as the
“Council”; the Planning Commission, herea�er referred to as the “Commission”; the Community Development
Director, herea�er referred to as the “Director”; the Zoning Administrator; and the Community Development
Department, herea�er referred to as the “Department,” and any other City official or body as specifically
iden�fied.
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Chapter 20.18
RESIDENTIAL ZONING DISTRICTS (R-A, R-1, R-BI, R-2, RM, RMD)
20.18.030 Residen�al Zoning Districts General Development Standards.
Table 2-2
Sec�on 5: The row �tled “Bluff edge setback” of Table 2-2 (Development Standards for Single-
Unit Residen�al Zoning Districts) of Sec�on 20.18.030 (Residen�al Zoning Districts General Development
Standards) of Chapter 20.18 (Residen�al 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
Sec�on 6: The row �tled “Take-Out Service-Fast Casual (up to 20 seats (2))” is amended and a
new row �tled “(Alcohol Sales (off sale) (with late hours) (1)” is added to Table 2-4 (Allowed Uses and Permit
Requirements) of Sec�on 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 Sec�on 20.48.090
Alcohol Sales (off-sale) (with late hours) (1) CUP CUP CUP CUP Sec�on 20.48.030
Sec�on 7: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Sec�on 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) Permited 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 residen�al 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 residen�al zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Sec�on 8: The row �tled “Take-Out Service-Fast Casual (up to 20 seats (2))” is amended and a
new row �tled “(Alcohol Sales (off sale) (with late hours) (1)” is added to Table 2-5 (Allowed Uses and Permit
Requirements) of Sec�on 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 Sec�on
20.48.090
Alcohol Sales (off-sale) (with late hours) (1) CUP CUP CUP CUP CUP CUP Sec�on
20.48.030
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Sec�on 9: Note (2) of Table 2-4 (Allowed Uses and Permit Requirements) of Sec�on 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) Permited 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 residen�al 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 residen�al 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
Sec�on 10: The row �tled “Take-Out Service-Fast Casual (up to 20 seats (5))” is amended and a
new row �tled “(Alcohol Sales (off sale) (with late hours) (4)” is added to Table 2-8 (Allowed Uses and Permit
Requirements) of Sec�on 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 Sec�on 20.48.090
Alcohol Sales (off-sale) (with late hours) (4) CUP CUP — CUP Sec�on 20.48.030
Sec�on 11: Note (5) of Table 2-8 (Allowed Uses and Permit Requirements) of Sec�on 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) Permited 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 residen�al 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 residen�al zoning district.
c. A minor use permit shall be required for any use that maintains late hours.
Sec�on 12: The row �tled “Take-Out Service-Fast Casual (up to 20 seats (3)(4))” of Table 2-9
(Allowed Uses and Permit Requirements) of Sec�on 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
Sec�on 13: Note (4) of Table 2-9 (Allowed Uses and Permit Requirements) of Sec�on 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) Permited 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 residen�al 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 residen�al 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)
Sec�on 14: Subsec�on (B)(3) of Sec�on 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 cessa�on 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.
Sec�on 15: Subsec�on (D) of Sec�on 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
Sec�on 16: Sec�on 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 sec�on 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 Sec�on 42900) and Chapter 6.04 and Chapter 6.06.
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Chapter 20.32
DENSITY BONUS
Sec�on 17: Subsec�ons (L) and (O) of Sec�on 20.32.020 (Defini�ons) of Chapter 20.32 (Density
Bonus) of Title 20 of the Code are amended to read as follows:
20.32.020 Defini�ons.
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 Sec�on 69432.7(k)(1). The
eligibility of a student to occupy a unit for lower-income students under this sec�on shall be verified by an
affidavit, award leter, or leter of eligibility provided by the ins�tu�on of higher educa�on 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 ins�tu�onal 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, quan�fiable, direct, and unavoidable impact, based on
objec�ve, iden�fied writen public health or safety standards, policies, or condi�ons as they existed on the date
the applica�on was deemed complete. The following shall not cons�tute a specific, adverse impact upon the
public health or safety: (1) inconsistency with the zoning or General Plan land use designa�on, or (2) the eligibility
to claim a welfare exemp�on under Cal. Rev. & Tax. Code of Sec�on 214 (G).
Sec�on 18: Subsec�on (A)(8) of Sec�on 20.32.030 (Eligibility for Density Bonus and Incen�ves) 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 Incen�ves.
A 8. A senior ci�zen housing development, as defined in Cal. Civ. Code Sec�ons 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 Sec�on 798.76 or 799.5 .
Sec�on 19: Subsec�on (C)(4) of Sec�on 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 Sec�on 103577(3)(e) , or ins�tu�on of higher
educa�on that has knowledge of a person’s homeless status may verify a person’s status as homeless for
purposes of this subsec�on.
Sec�on 20: Subsec�ons (B)(3)(b) and (B)(3)(c) of Sec�on 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 defini�on in Cal. Civ. Code Sec�ons 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) �mes per day; or
B 3 c. The housing development is either a special needs housing development, as defined in Cal. Health & Saf.
Code Sec�on 51312, or suppor�ve housing development as defined in Cal. Health & Saf. Code Sec�on 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) �mes per day.
Sec�on 21: Subsec�ons (B)(1) and (B)(2) of Sec�on 20.32.130 (Con�nued Availability) of Chapter
20.32 (Density Bonus) of Title 20 of the Code are amended to read as follows:
20.32.130 Con�nued Availability.
B 1. Rental Units. Rents for density bonus units shall be set at an affordable rent as defined in Cal. Health &
Saf. Code Sec�on 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 Sec�on 50052.5.
Sec�on 22: Subsec�ons (A)(1), (A)(2)(a), and (B)(2) of Sec�on 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 ini�ally occupied by a very low-, low-, or moderate-income household, offered at an affordable
housing cost as defined in Cal. Health & Saf. Code Sec�on 50052.5, and subject to an equity sharing agreement.
A 2 a. The nonprofit housing corpora�on is organized pursuant to Internal Revenue Code Sec�on 501(c)(3)
and has received a welfare exemp�on under Cal. Rev.& Tax. Code Sec�on 214.15 for proper�es intended to be
sold to low-income households who par�cipate in a special no-interest loan program;
B 2. The City shall recapture any ini�al subsidy and its propor�onate share of apprecia�on, which shall then be
used within five (5) years for any of the purposes described in Cal. Health & Saf. Code Sec�on 33334.2(e) that
promote home ownership. For the purposes of this sec�on:
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Chapter 20.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Sec�on 23: Chapter 20.34 (Conversion or Demoli�on of Affordable Housing) of Title 20 (Planning
and Zoning) of the Code is repealed in its en�rety.
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Chapter 20.42
SIGN STANDARDS
Sec�on 24: Subsec�on (F) of Sec�on 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 construc�on, erec�on 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 Sec�on
65850 and Cal. Bus. & Prof. Code Sec�ons 5354(a) and 5408.3. Permits shall not be issued for billboards that
violate this policy, and the City will take immediate abatement ac�on against billboards constructed or
maintained in viola�on of this policy. The Council affirma�vely 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
jurisdic�on, to be uncons�tu�onal, invalid, or unenforceable. This provision does not prohibit agreements to
relocate exis�ng, legal billboards, as encouraged by Cal. Bus.& Prof. Code Sec�on 5412.
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Chapter 20.48
STANDARDS FOR SPECIFIC LAND USES
Sec�on 25: Subsec�on (C)(2)(b)(ii) of Sec�on 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 patern of documented viola�ons of the permit condi�ons, this Zoning Code, this Code, the Cal. Pen.
Code, or other State statutes; or
Sec�on 26: Subsec�on (A)(2) of Sec�on 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 Sec�on 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).
Sec�on 27: Subsec�on (G)(2)(b)(i) of Sec�on 20.48.090 (Ea�ng 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 Ea�ng and Drinking Establishments.
G 2 b i. A patern of documented viola�ons of the permit condi�ons, this Zoning Code, the Municipal Code, the
Cal. Pen. Code, or other State statutes; or
Sec�on 28: The introductory sentence of Sec�on 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 sec�on provides standards for the establishment and opera�on of emergency shelters in compliance with
Cal. Gov. Code Sec�on 65583.
Sec�on 29: Subsec�on (A) of Sec�on 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 sec�on is to establish the procedures for the crea�on of accessory dwelling units
and junior accessory dwelling units, as defined in Part 7 (Defini�ons) of this �tle and in Cal. Gov. Code Sec�ons
65852.2 and 65852.22, in areas designated for residen�al 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.
Sec�on 30: Subsec�on (B)(4) of Sec�on 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 condi�on(s), building code viola�on(s), and/or
unpermited structure(s) that do/does not present a threat to public health and safety and is/are not affected by
the construc�on 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 Sec�on
17980.12.
Sec�on 31: Subsec�on (F)(3)(c)(iii) of Sec�on 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 exis�ng or proposed single-unit or mul�-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 Sec�on 21155, shall not exceed a height of
eighteen (18) feet. An addi�onal two feet in height shall be permited to accommodate a roof pitch on the
accessory dwelling unit that is aligned with the roof pitch of the primary unit.
Sec�on 32: Subsec�on (J) of Sec�on 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 residen�al or
mixed-use proper�es that are determined to be historic shall be approved ministerially, in conformance with Cal.
Gov. Code Sec�ons 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.
Sec�on 33: The introductory paragraph and Subsec�ons (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 Sec�on 20.48.205 (SB 9 Housing Developments and Urban Lot Splits in
Single-Unit Residen�al 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 Residen�al Zoning Districts.
This sec�on provides regula�ons for the crea�on of SB 9 housing developments and urban lot splits as required
pursuant to Cal. Gov. Code Sec�ons 65852.21 and 66411.7. This sec�on shall sunset automa�cally without ac�on
of the City in the event Cal. Gov. Code Sec�ons 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 Sec�ons 7060 through 7060.7) to withdraw accommoda�ons from rent or lease within fi�een
(15) years before the date that the development proponent submits an applica�on.
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 Sec�on 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 Sec�on 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
Sec�on 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 Sec�on
21064.3; or
B. 4 m Findings for Denial of an SB 9 Housing Development. Notwithstanding the foregoing, the City may deny
an applica�on for an SB 9 housing development if the Director makes writen 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 Sec�on 65589.5, upon the public health and safety or the physical environment
and for which there is no feasible method to sa�sfactorily mi�gate 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 sta�ng 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 Sec�on 402.1
(a)(11)(C)(ii), or is a qualified nonprofit corpora�on as described in Cal. Rev. & Tax. Code Sec�on 214.15.
Sec�on 34: Subsec�on (B)(3) of Sec�on 20.48.230 (Tatoo 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 Tatoo Establishments.
B. 3 Noise. The owner or operator shall be responsible for the control of noise generated by the tatoo
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
Sec�on 35: Subsec�ons (B), (E)(2), and (F) of Sec�on 20.49.020 (Effect of Chapter) of Chapter 20.49 (Wireless
Telecommunica�on Facili�es) 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 installa�on
or modifica�on of any telecom facility in the City, the applicant shall obtain a Minor Use Permit (MUP),
Condi�onal Use Permit (CUP), Limited Term Permit (LTP), or Zoning Clearance (ZC) in accordance with Sec�on
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 installa�on of the
facility, consistent with Sec�on 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 regula�on of
the City.
F. Legal Nonconforming Facility. Any telecom facility that was lawfully constructed, erected, or approved prior
to February 27, 2014, that is opera�ng 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 facili�es
shall comply at all �mes with the laws, ordinances, regula�ons, and any condi�ons of approval in effect at the
�me the facility was approved, and any regula�ons 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.
Sec�on 36: Subsec�ons (S) of Sec�on 20.49.030 (Defini�ons) of Chapter 20.49 (Wireless Telecommunica�on
Facili�es) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.49.030 Defini�ons.
S. Wireless Tower. “Wireless tower” means any structure built for the sole or primary purpose of suppor�ng
antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed
pursuant to a Cer�ficate of Public Convenience and Necessity (CPCN) issued by the California Public U�li�es
Commission on a water tower, u�lity tower, street light, or other structures built or rebuilt or replaced primarily
for a purpose other than suppor�ng wireless services authorized by the FCC, including any structure installed
pursuant to Cal. Pub. U�l. Code Sec�on 7901, is not a wireless tower for purposes of this defini�on. For an
example only, a prior-exis�ng streetlight standard which is replaced with a new street light standard to permit
the addi�on of antennas shall not be considered a wireless tower, but rather a replacement street light standard.
Sec�on 37: Subsec�ons (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Sec�on 20.49.050 (General Development and
Design Standards) of Chapter 20.49 (Wireless Telecommunica�on Facili�es) 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 ver�cal 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 exis�ng pole, including any atached light arms. New poles or streetlights may be installed, provided
they match exis�ng or planned poles within the area.
F. 6 b i Where exis�ng u�li�es 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 graffi� on any components of the telecom facility shall be removed promptly in accordance with this Code.
Sec�on 38: Subsec�ons (B), (C), (E), and (F) of Sec�on 20.49.060 (Permit Review Procedures) of Chapter
20.49 (Wireless Telecommunica�on Facili�es) of Title 20 (Planning and Zoning) of the Code are amended to read
as follows:
20.49.060 Permit Review Procedures.
B. Installa�ons in the Public Right-of-Way. All telecom facili�es 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 �me to �me.
C. Applica�on Submission Requirements for Telecom Facili�es on City-Owned or City-Held Trust Proper�es. Prior
to the submital for any applica�on for any facility located on any City-owned property or City-held trust property,
the applicant shall first obtain writen consent to the applica�on from the City Manager.
E. Review of Collocated Facili�es. Notwithstanding any provision of this chapter to the contrary, and consistent
with Cal. Gov. Code Sec�on 65850.6 , the addi�on of a new facility to an exis�ng facility resul�ng in the
establishment of a collocated telecom facility shall be allowed without discre�onary review if it complies with
Sec�on 20.49.090. If a collocated telecom facility does not sa�sfy all of the requirements of Cal. Gov. Code
Sec�on 65850.6 and Sec�on 20.49.090, the facility shall be reviewed pursuant the review procedures provided
in Table 4-1.
F. Emergency Communica�ons Review. At the �me an applica�on is submited 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 poten�al conflict with emergency communica�ons. The review may include a pre-
installa�on 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
communica�ons devices, the applicant shall work with the Police Department to avoid interference.
Sec�on 39: Sec�on 20.49.080 (Agreement for Use of City-Owned or City-Held Trust Property) of Chapter
20.49 (Wireless Telecommunica�on Facili�es) 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 facili�es located on City-owned or City-held trust
property shall require a license agreement approved as to form by the City Atorney, and as to substance
(including, but not limited to, compensa�on, 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
Sec�on 40: Table 5-1 (Review Authority) of Sec�on 20.50.030 (Mul�ple Permit Applica�ons) of Chapter
20.50 (Permit Applica�on 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 Ac�on Applicable Code
Chapter/Sec�on
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Administra�ve and Legisla�ve
Interpreta�ons Sec�on
20.12.020
Determina�on
(3)
Appeal Appeal
Planned
Communi�es
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
Implementa�on
Plan
Chapter 20.32 Decision
(3)(4)
Appeal/Decision
(4)
Appeal/Decision
(4)
Comprehensive
Sign Program
Decision (3) Appeal
Condi�onal Use
Permits
Sec�on
20.52.020
Decision Appeal
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TABLE 5-1
REVIEW AUTHORITY
Type of Ac�on Applicable Code
Chapter/Sec�on
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Condi�onal Use
Permits—
Residen�al
Zones HO
Sec�on
20.52.030
Decision Appeal
Heritage Sign Decision Appeal
Innova�ve Sign
Program
Decision Appeal
Limited Term
Permits
Sec�on
20.52.040
Decision (3) Appeal Appeal
Minor Use
Permits
Sec�on
20.52.020
Decision (3) Appeal Appeal
Modifica�on
Permits
Sec�on
20.52.050
Decision (3) Appeal Appeal
Planned
Development
Permits
Sec�on
20.52.060
Decision Appeal
Reasonable
Accommoda�ons
Sec�on
20.52.070
Decision Appeal Appeal
Sign Permits Chapter 20.42 Determina�on
(3)
Appeal Appeal
Site
Development
Reviews (See
Table 5-2
(Review
Authority for Site
Development
Reviews))
Sec�on
20.52.080
Decision (3) Decision Appeal
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TABLE 5-1
REVIEW AUTHORITY
Type of Ac�on Applicable Code
Chapter/Sec�on
Role of Review Authority (1)
Director
Zoning
Administrator
Hearing
Officer Commission Council (2)
Variances Sec�on
20.52.090
Decision Appeal
Zoning
Clearances
Sec�on
20.52.100
Determina�on
(3)
Appeal Appeal
Notes:
(1) “Recommend” means that the Commission makes a recommenda�on to the Council; “Determina�on” and
“Decision” mean that the review authority makes the final determina�on or decision on the mater; “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 applica�ons in the City.
(3) The Director or Zoning Administrator may defer ac�on and refer the request to the Commission for
considera�on and final ac�on.
(4) The Zoning Administrator shall be the ini�al review authority for density bonus units and parking
reduc�ons. The Planning Commission shall be the ini�al review authority for concessions, incen�ves and
waivers. The City Council shall be the review authority for any financial incen�ve or fee waiver.
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Chapter 20.52
PERMIT REVIEW PROCEDURES
Sec�on 41: Subsec�on (A) of Sec�on 20.52.015 (Affordable Housing Implementa�on 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 Implementa�on Plan.
A. Purpose. An affordable housing implementa�on plan (AHIP) provides a process to review and grant density
bonuses, concessions, incen�ves, and development standard waivers in compliance with Cal. Gov. Code Sec�on
65915 et seq. and Chapter 20.32.
Sec�on 42: Subsec�ons (G)(5) and (H)(11) of Sec�on 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 dura�on use is consistent with all applicable provisions of the General Plan, any applicable
specific plan, this Code, and other City regula�ons.
H. 11 Compliance with Applicable Provisions. A requirement that the approval of the requested limited term
permit is con�ngent upon compliance with applicable provisions of this Code and the successful gran�ng of all
required permits from any other department or governing agency; and
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Sec�on 43: The Table of Contents for Chapter 20.60 (Administra�ve Responsibility) of the Code is
amended to read as follows:
Chapter 20.60
ADMINISTRATIVE RESPONSIBILITY
Sec�ons:
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.
Sec�on 44: Sec�on 20.60.010 (Purpose) of Chapter 20.60 (Administra�ve 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 responsibili�es of the Newport Beach City Council, Planning
Commission, Hearing Officer, Zoning Administrator, and Community Development Director in the administra�on
of this Zoning Code.
Sec�on 45: Subsec�on (B) of Sec�on 20.60.020 (City Council) of Chapter 20.60 (Administra�ve
Responsibility) of Title 20 (Planning and Zoning) of the Code is amended to read as follows:
20.60.020 City Council.
B. Imposi�on of Condi�ons. In making decisions on applica�ons, the Council may impose condi�ons 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.
Sec�on 46: Subsec�ons (B) and (C) of Sec�on 20.60.030 (Planning Commission) of Chapter 20.60
(Administra�ve Responsibility) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.60.030 Planning Commission.
B. Du�es and Func�ons. The Commission shall perform the du�es and func�ons prescribed by State law, the
City Charter, and this Code, including the following:
C. Imposi�on of Condi�ons. In making decisions on applica�ons, the Commission may impose condi�ons 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.
Sec�on 47: Subsec�on (C) of Sec�on 20.60.040 (Hearing Officer) of Chapter 20.60 (Administra�ve
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. Imposi�on of Condi�ons. In making decisions on applica�ons, the Hearing Officer may impose condi�ons
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.
Sec�on 48: Subsec�on (B)(1) and (C) of Sec�on 20.60.050 (Zoning Administrator) of Chapter 20.60
(Administra�ve 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 inves�gate and make decisions on the applica�ons
iden�fied in Table 5-1 (Review Authority) in compliance with this Zoning Code and this Code as well as the
following:
C. Imposi�on of Condi�ons. In making decisions on applica�ons, the Zoning Administrator may impose
condi�ons 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.
Sec�on 49: The �tle to Sec�on 20.60.060 (Planning Director) of Chapter 20.60 (Administra�ve
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
Sec�on 50: Subsec�on (B)(1) of Sec�on 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 ac�on or decision was rendered unless a different
period of �me is specified by this Code (e.g., Title 19 allows ten (10) day appeal period for tenta�ve parcel and
tract maps, lot line adjustments, or lot mergers).
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Chapter 20.70
DEFINITIONS
Sec�on 51: Sec�on 20.70.010 (Purpose of Part) of Chapter 20.70 (Defini�ons) of Title 20 (Planning and
Zoning) of the Code is amended to read as follows:
20.70.010 Purpose of Part.
This part provides defini�ons of terms and phrases used in this Zoning Code that are technical or specialized, or
that may not reflect common usage. If the defini�ons in this part conflict with defini�ons in other provisions of
this Code, these defini�ons 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 dic�onary defini�on is presumed to be correct.
Sec�on 52: The following defini�ons in Sec�on 20.70.020 (Defini�ons of Specialized Terms and Phrases) of
Chapter 20.70 (Defini�ons) of Title 20 (Planning and Zoning) of the Code are amended to read as follows:
20.70.020 Defini�ons of Specialized Terms and Phrases.
Affordable Housing Cost. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Sec�on
50052.5.
Affordable Rent. For purposes of Chapter 20.32 (Density Bonus), see Cal. Health & Saf. Code Sec�on 50053.
“Alcohol sales, off-sale, accessory only (land use)” means an establishment that has all of the following
characteris�cs:
1. Alcoholic beverages will be or are sold, served, or given away for consump�on 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. Illustra�ve 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 cul�vated by man for domes�c 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 Sec�on 671
(Importa�on, Transporta�on 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 Sec�on 6932.
“California Environmental Quality Act (CEQA)” means a State law (Cal. Pub. Resources Code Sec�on 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 coopera�ve, as defined in Cal. Civ. Code
Sec�on 1351.
“Demoli�on” means:
the deliberate removal or destruc�on of the frame or founda�on of a por�on of a structure.
“Director” means the City of Newport Beach Community Development Director or a duly designated
representa�ve of the Director, referred to as the “Director.”
“Dwelling unit, accessory (land use)” means a dwelling unit accessory to and atached to, detached from, or
contained within the principal dwelling unit on a site zoned for residen�al use. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Sec�on 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Sec�on 18007.
“Emergency shelter (land use)” means, as defined in Cal. Health & Saf. Code Sec�on 50801(e), a facility with
minimal suppor�ve services for homeless persons.
“Explosives” means a substance defined as an explosive by Cal. Health & Saf. Code Sec�on 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, Ar�cle 2, Chapter 2,
and approved in compliance with Subdivision Map Act, Ar�cle 4, Chapter 3 (Cal. Gov. Code Sec�on 66410 et
seq.), that is used to complete the subdivision of five (5) or more lots. See also “Parcel map” and “Tenta�ve 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 Sec�on 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 Sec�on 66412(d)), a lot line
adjustment that relocates one or more lot lines between two or more exis�ng 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, Ar�cle 3, Chapter 2 (Cal. Gov.
Code Sec�on 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also “Final
map” and “Tenta�ve map.”
Parks and Recrea�onal Facili�es (Land Use).
Parolee-Proba�oner. A parolee-proba�oner includes: (a) any individual who has been convicted of a federal
crime, sentenced to a United States prison, and received condi�onal 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 Sec�on
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3000, and is under the jurisdic�on of the California Department of Correc�ons, Parole and Community Services
Division; (c) an adult or juvenile sentenced to a term in the California Youth Authority and who has received
condi�onal 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 correc�onal facility, including County
correc�onal facili�es, and is under the jurisdic�on of any federal, State, or County parole or proba�on officer.
For the purposes of this defini�on, “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, naviga�on, fisheries,
recrea�on, and other public purposes. Public trust lands include �delands, submerged lands, the beds of
navigable lakes and rivers, and historic �delands and submerged lands that are presently filled or reclaimed and
which were subject to the public trust at any �me (14 CCR Sec�on 13577). See “Submerged lands” and
“Tidelands.”
“SB 9 housing development (land use)” means a residen�al development that contains two new dwelling units
or proposes to add one new dwelling unit on a lot designated for single-family residen�al use with one exis�ng
dwelling unit, pursuant to Cal. Gov. Code Sec�on 65852.21.
“Senior ci�zen housing development” means a residen�al development developed, substan�ally rehabilitated,
or substan�ally renovated for senior ci�zens (i.e., persons fi�y-five (55) years of age or older) that has at least
thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Sec�on 51.3(b)(4).
“Specific plan” means, under Cal. Gov. Code Sec�on 65450 et seq., a policy statement and implementa�on tool
adopted by the City Council that addresses a single project or planning problem. A specific plan may include
detailed regula�ons, condi�ons, programs, and/or proposed legisla�on that may be necessary or convenient for
the systema�c implementa�on of a General Plan element(s).
“Subdivision Map Act” means Division 2, Title 7 of the Cal. Gov. Code, commencing with Sec�on 66410, as
amended, regarding the subdivision of real property.
“Submerged lands” means lands that lie below the line of mean low �de (14 CCR Sec�on 13577). See “Public
trust lands.”
“Suppor�ve housing” means housing with no limit on length of stay, that is occupied by the target popula�on,
as defined by Cal. Health & Saf. Code Sec�on 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. Suppor�ve housing that is provided in single-, two-, or mul�-family dwelling
units, group residen�al, parolee-proba�oner home, residen�al care facili�es, or boarding house uses shall be
permited, condi�onally permited or prohibited in the same manner as the other single-, two- or mul�-family
dwelling units, group residen�al, parolee-proba�oner home, residen�al care facili�es, or boarding house uses
under this code.
“Tenta�ve map” means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code
Sec�on 66410 et seq.) that specifies the condi�ons that must be sa�sfied 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 �de and mean low �de (14 CCR Sec�on
13577). See “Public trust lands.”
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“Urban lot splits (land use)” means the subdivision of an exis�ng, legally subdivided lot intended for single-family
residen�al use to create one new addi�onal lot, pursuant to Cal. Gov. Code Sec�on 66411.7.
Visitor Accommoda�ons (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 mee�ng rooms, restaurants, bars, and recrea�onal facili�es. Guest rooms may or may not
contain kitchen facili�es for food prepara�on (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen
facili�es are commonly known as extended stay hotels. A hotel operates subject to taxa�on under Cal. Rev. &
Tax. Code Sec�on 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 facili�es. A motel is dis�nguished from a hotel primarily by direct
independent access to, and adjoining parking for, each guest room. A motel operates subject to taxa�on under
Cal. Rev. & Tax. Code Sec�on 7280.
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Sec�on 53: The Table of Contents for Chapter 20.80 (Maps) of the Code is amended to read as
follows:
Chapter 20.80
MAP
Sec�on 54: Sec�on 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
Sec�on 55: Subsec�on (D) of Sec�on 20.90.040 (Land Use Regula�ons) 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 Regula�ons.
D 1. All new or en�rely reconstructed structures with habitable rooms (e.g., dwelling units, hotels, motels,
convalescent homes and hospitals) shall be sound atenuated against present and projected noise, which shall
be the sum of all noise impac�ng the structure, so as not to exceed a standard of forty-five (45) dB CNEL in all
habitable rooms. In conjunc�on with this construc�on, all associated outdoor living areas shall be sound
atenuated, 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 acous�cal analysis report
describing the sound atenua�on measures required to sa�sfy the noise standards shall be prepared by a City-
approved acous�cal consultant and submited to the Community Development Director for approval. The report
shall include sa�sfactory evidence indica�ng that the sound atenua�on measures have been incorporated into
the design of the project.
2. All nonresiden�al structures shall be sound atenuated 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 acous�cal
consultant that these standards will be sa�sfied in a manner consistent with applicable zoning regula�ons shall
be submited to the Community Development Director in the form of an acous�cal analysis report describing in
detail the exterior noise environment and the acous�cal design features required to achieve the interior noise
standard and which indicate that the sound atenua�on 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 No�ce Surface pursuant
to FAR Part 77.13, the project applicant shall submit a “No�ce of Proposed Construc�on” to the Federal Avia�on
Administra�on (FAA), which will ini�ate an Aeronau�cal Study of the project by the FAA. Upon comple�on of the
FAA Aeronau�cal Study, the project applicant shall submit evidence to the Community Development Director
that restric�ons and condi�ons, 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 per�nent to the Airport Land Use Commission’s (ALUC) John Wayne Airport “Airport Environs Land Use
Plan” shall be referred to ALUC un�l such �me as the City becomes a “Consistent Local Agency” as defined by
ALUC. For purposes of this requirement, the term “project” shall include those applica�ons requiring
discre�onary approvals, tenta�ve tract map or parcel map approvals or modifica�ons, and/or condominium
conversions. Such projects shall not include minor modifica�ons, such as remodels and addi�ons to single-family
dwelling units with no intensifica�on of development.
Sec�on 56: Subsec�on (C)(5) of Sec�on 20.90.050 (Open Space and Recrea�on 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 Recrea�on 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.
Sec�on 57: Subsec�on (D)(9) of Sec�on 20.90.060 (Residen�al 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 Residen�al 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.
Sec�on 58: Subsec�on (D)(9) and (F)(4)(b)(iii) of Sec�on 20.90.070 (Residen�al 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 Residen�al 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.
Sec�on 59: Subsec�on (G) of Sec�on 20.90.070 (Residen�al 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 cer�ficate of use and occupancy for a
commercial kennel may be approved administra�vely by the Community Development Director, and shall not
require an acous�cal analysis report per subsec�on (G)(2) of this sec�on if all of the following condi�ons 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 addi�onal accessory uses;
d. The proposed change is consistent with the setback standards for kennel facili�es as set out in subsec�on
(F) of this sec�on; and
e. The proposed change sa�sfies the required findings for use permits in Part 5 of this �tle.
2. For all new commercial kennels or for structural modifica�ons to exis�ng kennel facili�es requiring a use
permit, an acous�cal analysis report and appropriate plans shall be submited describing the noise genera�ng
poten�al of the proposed project and proposed atenua�on measures to assure compliance with Chapter 10.26
(Community Noise Control). The report shall be prepared by a City-approved acous�cal consultant and submited
to the Community Development Director for review and approval. The approved atenua�on features shall be
incorporated into the plans and specifica�ons of the project.
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Sec�on 60: Subsec�ons (D)(7)(a) and (D)(7)(b) of Sec�on 20.90.080 (Residen�al 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 Residen�al 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 subsec�on (E) of this sec�on (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 residen�al window located on an adjoining building site. Excep�ons 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 Recrea�on Equestrian District
(REQ); provided, that no horse shall be permited 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 fi�y (50) feet from any residen�al window located on an adjoining building site. One or two adult
horses are permited on a building site containing between ten thousand (10,000) and fi�een thousand (15,000)
square feet of land area. One addi�onal adult horse may be kept for each addi�onal 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. Excep�ons to the above may be provided for via a use permit
approved by the Community Development Director.
Sec�on 61: Subsec�on (D)(9) of Sec�on 20.90.080 (Residen�al 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.
Sec�on 62: Subsec�on (D)(7) of Sec�on 20.90.090 (Residen�al Mul�ple-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 Residen�al Mul�ple-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.
Sec�on 63: Subsec�on (D)(4) of Sec�on 20.90.100 (Hor�cultural 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 Hor�cultural 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.
Sec�on 64: Subsec�on (D)(4) of Sec�on 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.
Sec�on 65: Subsec�on (F)(11)(a)(v) of Sec�on 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. Plan�ng. 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 a�er ini�al installa�on. Permanent watering facili�es shall be provided. If, eighteen (18)
months a�er installa�on, 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.
Sec�on 66: Subsec�on (C)(2) of Sec�on 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 addi�onal temporary uses are permited subject to approval of a limited term permit per
Part 5 of this �tle:
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 iden�fied 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 expira�on 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 expira�on of the use permit.
c. Conforming uses shall be permited 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 sec�on.
d. Any other uses which the Community Development Director finds consistent with the purpose and intent of
this District.
Sec�on 67: Subsec�on (C)(4)(f) of Sec�on 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 condi�ons or circumstances
contrary to public health, safety and general welfare.
Sec�on 68: Subsec�on (C)(6)(a) of Sec�on 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 addi�on, a front wall or fence may be required at the discre�on of the Community
Development Director. Fence or wall materials and height shall be subject to approval at the discre�on of the
Community Development Director. However, open chain link or chain link with wooden or plas�c slats shall be
prohibited.
Sec�on 69: Subsec�on (D)(5) of Sec�on 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.
Sec�on 70: Subsec�on (E)(11) of Sec�on 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 condi�ons or circumstances
contrary to public health, safety and general welfare.
Sec�on 71: Subsec�on (D)(3) of Sec�on 20.90.130 (Professional and Administra�ve 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 Administra�ve 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.
Sec�on 72: Subsec�on (C)(3)(b) of Sec�on 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 recommenda�ons of the
Illumina�ng Engineering Society of North America, or, if in the opinion of the Community Development Director,
the illumina�on creates an unacceptable nega�ve impact on surrounding land uses or environmental resources.
The Community Development Director may order the dimming of light sources or other remedia�on upon finding
that the site is excessively illuminated.
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Sec�on 73: The Table of Contents for Title 21 (Local Coastal Program Implementa�on Plan) of the
Code is amended to read as follows:
Title 21
LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN
Chapters:
Part 1. Implementa�on Plan Applicability
21.10 Purpose and Applicability of the Implementa�on Plan
21.12 Interpreta�on of Implementa�on 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 Residen�al 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 Recrea�on
21.30B Habitat Protec�on
21.30C Harbor and Bay Regula�ons
21.35 Water Quality Control
21.38 Nonconforming Uses and Structures
21.40 Off-Street Parking
21.44 Transporta�on and Circula�on
21.46 Transfer of Development Rights
Part 4. Standards for Specific Land Uses
21.48 Standards for Specific Land Uses
21.49 Wireless Telecommunica�ons Facili�es
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Part 5. Planning Permit Procedures
21.50 Permit Applica�on Filing and Processing
21.52 Coastal Development Review Procedures
21.54 Permit Implementa�on, Time Limits, and Extensions
Part 6. Implementa�on Plan Administra�on
21.62 Public Hearings
21.64 Appeals and Calls for Review
21.68 Enforcement
Part 7. Defini�ons
21.70 Defini�ons
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
Sec�on 74: Subsec�on (A) of Sec�on 21.10.030 (Authority-Rela�onship to Coastal Land Use Plan)
of Chapter 21.10 (Purpose and Applicability of the Implementa�on Plan) of Title 21 (Local Coastal Program
Implementa�on Plan) of the Code is amended to read as follows:
21.10.030 Authority—Rela�onship to Coastal Land Use Plan.
A. Authority. This Implementa�on Plan is adopted pursuant to the authority contained in Sec�on 65850 et seq.
of the Cal. Gov. Code, Division 20 of the Cal. Pub. Resources Code (California Coastal Act), and 14 CCR Sec�on
13001 et seq. (California Coastal Commission Regula�ons).
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Chapter 21.16
DEVELOPMENT AND LAND USE APPROVAL REQUIREMENTS
Sec�on 75: Subsec�on (A)(1) of Sec�on 21.16.060 (Addi�onal Permits and Approvals May Be
Required) of Chapter 21.16 (Development and Land Use Approval Requirements) of Title 21 (Local Coastal
Program Implementa�on Plan) of the Code is amended to read as follows:
21.16.060 Addi�onal Permits and Approvals May Be Required.
A. 1 Other provisions of this Code (e.g., condi�onal use permits, minor use permits, limited-term permits, site
development review, zoning clearances, building permits, grading permits, other construc�on 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
Sec�on 76: Note (7) of Table 21.18-4 of Sec�on 21.18.030 (Residen�al Coastal Zoning Districts
General Development Standards) of Chapter 21.18 (Residen�al Coastal Zoning District (R-A, R-1, R-BI, R-2, AND
RM)) of Title 21 (Local Coastal Program Implementa�on 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 ci�zens in compliance with Cal. Gov. Code Sec�ons 65915 through
65917. Any housing development approved pursuant to Cal. Gov. Code Sec�on 65915 shall be consistent, to the
maximum extent feasible, and in a manner most protec�ve 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
Sec�on 77: Note (6) of Table 21.22-3 of Sec�on 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 Implementa�on 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 ci�zens in compliance with Cal. Gov. Code Sec�ons 65915 through
65917. Any housing development approved pursuant to Cal. Gov. Code Sec�on 65915 shall be consistent, to the
maximum extent feasible, and in a manner most protec�ve of coastal resources, with all otherwise applicable
Local Coastal Program policies and development standards.
Sec�on 78: Note (7) of Table 21.22-4 of Sec�on 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 Implementa�on 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 ci�zens in compliance with Cal. Gov. Code Sec�ons 65915 through
65917. Any housing development approved pursuant to Cal. Gov. Code Sec�on 65915 shall be consistent, to the
maximum extent feasible, and in a manner most protec�ve 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)
Sec�on 79: Subsec�on (C)(2) of Sec�on 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 Implementa�on 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 a�er a determina�on 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)
Sec�on 80: Subsec�ons (A)(1) and (C)(3) of Sec�on 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 Implementa�on 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 Sec�on 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 cessa�on 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
Sec�on 81: Subsec�ons (B)(1)(b) and (B)(5) of Sec�on 21.30.105 (Cultural Resource Protec�on) of
Chapter 21.30 (Property Development Standards) of Title 21 (Local Coastal Program Implementa�on Plan) of
the Code are amended to read as follows:
21.30.105 Cultural Resource Protec�on.
B 1 b. A site where evidence of poten�ally significant historical resources is found in an ini�al study conducted
in compliance with the California Environmental Quality Act (CEQA) (Cal. Pub. Resources Code Sec�on 21000 et
seq.).
B 5. Offer for Reloca�on of Historic Structure. Before issuance of a permit by the Community Development
Director for the demoli�on of an historic structure the applicant shall first offer the structure for reloca�on by
interested par�es.
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Chapter 21.30A
PUBLIC ACCESS AND RECREATION
Sec�on 82: Subsec�on (B)(1) of Sec�on 21.30A.040 (Determina�on of Public Access/Recrea�on
Impacts) of Chapter 21.30A (Public Access and Recrea�on) of Title 21 (Local Coastal Program Implementa�on
Plan) of the Code is amended to read as follows:
21.30A.040 Determina�on of Public Access/Recrea�on Impacts.
B. 1 Land Use. The project’s impact on use of private lands suitable for visitor-serving commercial recrea�onal
facili�es designed to enhance public opportuni�es for coastal recrea�on and other priority uses specified in Cal.
Pub. Resources Code Sec�ons 30222 and 30223.
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Chapter 21.30B
HABITAT PROTECTION
Sec�on 83: Subsec�ons (B)(1) and (D) of Sec�on 21.30B.040 (Wetlands, Deepwater Areas, and
Other Water Areas) of Chapter 21.30B (Habitat Protec�on) of Title 21 (Local Coastal Program Implementa�on
Plan) of the Code are amended to read as follows:
21.30B.040 Wetlands, Deepwater Areas, and Other Water Areas.
B. 1 Methodology. Wetland delinea�ons shall be conducted in accordance with the defini�ons of wetland
boundaries contained in 14 CCR Sec�on 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 Sec�on 30233 of the Cal. Pub. Resources
Code (Coastal Act) and Sec�on 21.30B.040(E)(2).
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Chapter 21.34
CONVERSION OR DEMOLITION OF AFFORDABLE HOUSING
Sec�on 84: Chapter 21.34 (Conversion or Demoli�on of Affordable Housing) of Title 21 (Local
Coastal Program Implementa�on Plan) of the Code is repealed in its en�rety.
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Chapter 21.38
NONCONFORMING USES AND STRUCTURES
Sec�on 85: Subsec�on (D)(3) of Sec�on 21.38.070 (Landmark Structures) of Chapter 21.38
(Nonconforming Uses and Structures) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is
amended to read as follows:
21.38.070 Landmark Structures.
D 3. Any permit required by other �tles of this Code (other than this �tle) shall be obtained before the ini�a�on
or intensifica�on of an accessory use of a landmark structure;
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Chapter 21.44
TRANSPORTATION AND CIRCULATION
Sec�on 86: Subsec�on (C) of Sec�on 21.44.045 (Vaca�on and Abandonments) of Chapter 21.44
(Transporta�on and Circula�on) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is amended
to read as follows:
21.44.045 Vaca�ons and Abandonments.
C. Procedure. Vaca�ons and abandonments shall be processed by filing an applica�on for vaca�on or
abandonment pursuant to Cal. Sts. & Hy. Code Sec�ons 8300 through 8363 and by filing an applica�on for a
coastal development permit pursuant to Chapters 21.50 and 21.52.
Sec�on 87: Subsec�ons (A) and (B) of Sec�on 21.44.055 (Temporary Street Closures) of Chapter 21.44
(Transporta�on and Circula�on) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code are
amended to read as follows:
21.44.055 Temporary Street Closures.
A. General. Temporary closing of por�ons of any street for celebra�ons, parades, local special events, and other
purposes when necessary for public safety shall be permited pursuant to Sec�on 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 permited 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
Sec�on 88: Subsec�ons (A), (B)(4), and (J) of Sec�on 21.48.200 (Accessory Dwelling Units) of Chapter 21.48
(Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code are
amended to read as follows:
21.48.200 Accessory Dwelling Units.
A. Purpose. The purpose of this sec�on is to establish the procedures for the crea�on of accessory dwelling
units and junior accessory dwelling units, as defined in Part 7 (Defini�ons) of this �tle and in Cal. Gov. Code
Sec�ons 65852.2 and 65852.22, in areas designated for residen�al 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 condi�on. This does not prevent the City
from enforcing compliance with applicable building standards in accordance with Cal. Health & Saf. Code Sec�on
17980.12.
J. Historic Resources. Accessory dwelling units and/or junior accessory dwelling units proposed on residen�al
or mixed-use proper�es that are determined to be historic shall be approved ministerially, in conformance with
Cal. Gov. Code Sec�ons 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
Sec�on 89: Subsec�on (R) of Sec�on 21.49.030 (Defini�ons) of Chapter 21.49 (Wireless Telecommunica�on
Facili�es) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is amended to read as follows:
21.49.030 Defini�ons.
R. Wireless Tower. “Wireless tower” means any structure built for the sole or primary purpose of suppor�ng
antennas used to provide wireless services authorized by the FCC. A distributed antenna system (DAS) installed
pursuant to a Cer�ficate of Public Convenience and Necessity (CPCN) issued by the California Public U�li�es
Commission on a water tower, u�lity tower, streetlight, or other structures built or rebuilt or replaced primarily
for a purpose other than suppor�ng wireless services authorized by the FCC, including any structure installed
pursuant to Cal. Pub. U�l. Code Sec�on 7901, is not a wireless tower for purposes of this defini�on. For an
example only, a prior-exis�ng streetlight standard which is replaced with a new streetlight standard to permit
the addi�on of antennas shall not be considered a wireless tower, but rather a replacement streetlight standard.
Sec�on 90: Subsec�ons (F)(3)(b), (F)(6)(b)(i), and (J)(2) of Sec�on 21.49.050 (General Development and
Design Standards)) of Chapter 21.49 (Wireless Telecommunica�on Facili�es) of Title 21 (Local Coastal Program
Implementa�on Plan) of the Code are amended to read as follows:
21.49.050 General Development and Design Standards.
F 3 b. New or replacement ver�cal 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 exis�ng pole, including any atached light arms. New poles or streetlights may be installed,
provided they match exis�ng or planned poles within the area.
F 6 b i. Where exis�ng u�li�es 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 graffi� 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
Sec�on 91: Note (7) of Table 21.50-1 (Review Authority) of Sec�on 21.50.020 (Authority for Decisions) of
Chapter 21.50 (Permit Applica�on Filing and Processing) of Title 21 (Local Coastal Program Implementa�on Plan)
of the Code is amended to read as follows:
(7) All development on �delands, submerged lands, and public trust lands as described in Cal. Pub. Resources
Code Sec�on 30519(b) and in deferred cer�fica�on 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 addi�on to other permits or approvals required by the City.
Sec�on 92: Subsec�ons (B) and (C) of Sec�on 21.50.025 (Projects Bisected by Jurisdic�onal Boundaries) of
Chapter 21.50 (Permit Applica�on Filing and Processing) of Title 21 (Local Coastal Program Implementa�on Plan)
of the Code are amended to read as follows:
21.50.025 Projects Bisected by Jurisdic�onal Boundaries.
B. Projects Bisected by City and Coastal Commission Jurisdic�on. Where a proposed development is located
within both the Coastal Commission’s and City’s coastal development permit jurisdic�ons, coastal development
permits are required by both the City and the Coastal Commission. Alterna�vely, if the applicant, the City and
the Coastal Commission agree, the Coastal Commission can process a consolidated coastal development permit
applica�on pursuant to the procedures in Cal. Pub. Resources Code Sec�on 30601.3.
C. Projects Bisected by Different Local Government Jurisdic�ons. If a project straddles the boundaries of the
City and another local government, the applicant must obtain separate coastal permits from each jurisdic�on.
An excep�on is possible for public agencies that, pursuant to Cal. Pub. Resources Code Sec�on 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
Sec�on 93: Sec�on 21.52.010 (Purpose) of Chapter 21.52 (Coastal Development Review Procedures) of Title
21 (Local Coastal Program Implementa�on 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 regula�ons, shall be u�lized to determine whether or not a
proposal in the City’s permi�ng jurisdic�on cons�tutes development and whether or not that development
requires a coastal development permit or is exempt. No provision contained in any other chapter of the
Implementa�on Plan, nor in any other City policy or regula�ons, shall be used in such determina�ons.
Sec�on 94: Subsec�ons (B)(1) and (H) of Sec�on 21.52.015 (Coastal Development Permits) of Chapter 21.52
(Coastal Development Review Procedures) of Title 21 (Local Coastal Program Implementa�on 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 �delands, submerged
lands, and public trust lands as described in Cal. Pub. Resources Code Sec�on 30519(b) and in deferred
cer�fica�on areas designated by the cer�fied Local Coastal Program require a permit or exemp�on issued by the
Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal
Commission permit jurisdic�on and deferred cer�fica�on areas are generally depicted on the Post-LCP
Cer�fica�on Permit and Appeal Jurisdic�on Map.
H. No�ce of Final Ac�on. Within seven calendar days of the date of the City’s final local ac�on on an exemp�on
or coastal development permit applica�on and mee�ng the requirements of 14 CCR Sec�on 13570, a no�ce of
its final ac�on shall be sent, by first class mail, to the applicant, the Coastal Commission, and any persons who
specifically request such no�ce by submi�ng a self-addressed, stamped envelope to the City. Such no�ce shall
be accompanied by a copy of the exemp�on, denial, or coastal development permit approval with condi�ons of
approval and writen findings and the procedures for appeal of the ac�on to the Coastal Commission.
Sec�on 95: The introductory paragraph to Subsec�on (C) of Sec�on 21.52.035 (Projects Exempt from Coastal
Development Permit Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21
(Local Coastal Program Implementa�on Plan) of the Code is amended to read as follows:
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
C. Coastal Act Exemp�ons. Developments not located within the Coastal Commission’s permit jurisdic�on
determined to be exempt from the coastal development permit requirements pursuant to Cal. Pub. Resources
Code Sec�on 30610. The following types of projects shall be so exempted unless they involve a risk of adverse
environmental effects:
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Sec�on 96: Subsec�on (C)(1)(d)(i) of Sec�on 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementa�on 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 exis�ng structure(s) on the building site or an
addi�onal improvement of ten (10) percent or less where an improvement to the structure has previously been
undertaken pursuant to Cal. Pub. Resources Code Sec�on 30610(a) and/or this subsec�on.
Sec�on 97: Subsec�on (C)(2)(d)(i) of Sec�on 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementa�on 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 exis�ng structure(s) on the building
site or an addi�onal improvement of ten (10) percent or less where an improvement to the structure has
previously been undertaken pursuant to Cal. Pub. Resources Code Sec�on 30610(a) and/or this subsec�on.
Sec�on 98: Subsec�on (C)(4)(d) of Sec�on 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementa�on Plan) of the Code is amended to read as follows:
C 4 d. Unless destroyed by disaster, the replacement of fi�y (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 Sec�on 30610(d) but instead cons�tutes a replacement structure requiring a
coastal development permit.
Sec�on 99: Subsec�on (C)(7) of Sec�on 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementa�on Plan) of the Code is amended to read as follows:
C 7. Time-Share Conversions. Any ac�vity anywhere in the coastal zone that involves the conversion of any
exis�ng mul�ple-unit residen�al structure to a �me-share project, estate, or use, as defined in Sec�on 11003.5
of the Cal. Bus.& Prof. Code. If any improvement to an exis�ng 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 connec�on with any conversion exempt pursuant to this subsec�on. The division of a
mul�ple-unit residen�al structure into condominiums, as defined in Sec�on 783 of the Cal. Civ. Code, shall not
be considered a �me-share project, estate, or use for purposes of this subsec�on.
Sec�on 100: Subsec�on (C)(8) of Sec�on 21.52.035 (Projects Exempt from Coastal Development Permit
Requirements) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementa�on Plan) of the Code is added to read as follows:
C 8. Tenta�ve Parcel Maps for Condominium Purposes. Tenta�ve parcel maps involving the subdivision of
airspace within two-unit or mul�-unit dwellings for condominium purposes.
Sec�on 101: Sec�on 21.52.045 (Categorical Exclusions) of Chapter 21.52 (Coastal Development Review
Procedures) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is amended to read as follows:
21.52.045 Categorical Exclusions.
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A. Post-Cer�fica�on Categorical Exclusions. The Coastal Commission may adopt a categorical exclusion a�er
cer�fica�on of this Implementa�on Plan pursuant to Cal. Pub. Resources Code Sec�ons 30610(e) or 30610.5 and
14 CCR Sec�on 13215 et seq. and 14 CCR Sec�on 240 et seq. Records of such categorical exclusions shall be kept
on file with the Department.
B. No�ce of Exclusion. A no�ce of exclusion shall be provided to the Coastal Commission and to any person
who has requested such no�ce within five (5) business days of issuance. The no�ce of exclusion may be issued
at the �me of project applica�on but shall not become effec�ve un�l all other approvals and permits required
for the project are obtained. A copy of all terms and condi�ons imposed by the City shall be provided to the
Coastal Commission, per 14 CCR Sec�on 13315.
Sec�on 102: Subsec�on (A) of Sec�on 21.52.075 (Coastal Commission Review of Recorded Access
Documents) of Chapter 21.52 (Coastal Development Review Procedures) of Title 21 (Local Coastal Program
Implementa�on 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 authoriza�on for
development, and where issuance of the permit or authoriza�on is condi�oned 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 condi�ons, findings of approval, and dra�s of any legal
documents proposed to implement the condi�ons 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 Sec�on 13574:
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Chapter 21.54
PERMIT IMPLEMENTATION, TIME LIMITS, AND EXTENSIONS
Sec�on 103: Subsec�on (B) of Sec�on 21.54.030 (Effec�ve Date of Permits-No�ce of Final Ac�on) of Chapter
21.54 (Permit Implementa�on, Time Limits, and Extensions) of Title 21 (Local Coastal Program Implementa�on
Plan) of the Code is amended to read as follows:
21.54.030 Effec�ve Date of Permits—No�ce of Final Ac�on.
B. No�ce of Final Ac�on. Final City ac�on on permits for sites located within the City’s coastal zone shall be
documented by the no�ce of final local ac�on which the City sends to the Coastal Commission within seven days
of the City’s final ac�on on a CDP applica�on and compliance with 14 CCR Sec�on 13570.
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Chapter 21.64
APPEALS AND CALLS FOR REVIEW
Sec�on 104: The introductory paragraph of Sec�on 21.64.035 (Appeal to the Coastal Commission) of Chapter
21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is
amended to read as follows:
21.64.035 Appeal to the Coastal Commission.
A final ac�on taken by the City on a coastal development permit applica�on for appealable development as
defined in subsec�on (A) of this sec�on may be appealed to the Coastal Commission in compliance with this
sec�on and 14 CCR Sec�ons 13111 through 13120 and Coastal Act Sec�on 30603. If there is any conflict between
the provisions of this sec�on or 14 CCR Sec�ons 13111 through 13120 and Sec�on 30603 of the Coastal Act, 14
CCR Sec�ons 13111 through 13120 and Sec�on 30603 of the Coastal Act shall control.
Sec�on 105: Subsec�on (A) of Sec�on 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is amended
to read as follows:
A. Appealable Development—Cal. Pub. Resources Code Sec�on 30603(a). A decision by the City on a coastal
development permit applica�on within the appeal areas iden�fied in Cal. Pub. Resources Code Sec�on 30603(a)
as generally depicted on the Post-LCP Cer�fica�on Permit and Appeal Jurisdic�on Map or on any development
approved or denied by the City on a coastal development permit applica�on for a project that cons�tutes a major
public works project or energy facility may be appealed to the Coastal Commission.
Sec�on 106: Subsec�on (B) of Sec�on 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementa�on 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 Sec�on 30625.
2. Aggrieved Person Defined. As provided by Cal. Pub. Resources Code Sec�on 30801, an aggrieved person is
any who, in person or through a representa�ve, appeared at a public hearing held before the Zoning
Administrator, Planning Commission, or Council in connec�on with the decision or ac�on 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.
Sec�on 107: Subsec�on (C) of Sec�on 21.64.035 (Appeal to the Coastal Commission) of Chapter 21.64
(Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code is amended
to read as follows:
C. Exhaus�on of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on
a coastal development permit applica�on to the Coastal Commission only a�er exhaus�ng all appeals to the
Planning Commission and Council in compliance with this chapter. Exhaus�on of all local appeals shall not apply
to any circumstance iden�fied in 14 CCR Sec�on 13573(a), including, but not limited to, the following
circumstances:
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1. An appellant was denied the right of the ini�al local appeal under this chapter because City no�ce and
hearing procedures did not comply with 14 CCR Sec�on 13573; or
2. The local government jurisdic�on changes an appeal for the filing or processing of appeals.
In addi�on, in accordance with 14 CCR Sec�on 13573(b), there shall be no requirement of exhaus�on 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 Sec�on 30625. No�ce of a Coastal Commissioners’ appeal shall be transmited to the
City in compliance with 14 CCR Sec�on 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 ac�on by an appellate body modifies or reverses the previous decision,
the Coastal Commissioners shall be required to file a new appeal from that decision.
Sec�on 108: The introductory sentence to Subsec�on (D) of Sec�on 21.64.035 (Appeal to the Coastal
Commission) of Chapter 21.64 (Appeals and Calls for Review) of Title 21 (Local Coastal Program Implementa�on
Plan) of the Code is amended to read as follows:
D. Grounds for Appeal to Coastal Commission—Cal. Pub. Resources Code Sec�on 30603. The grounds for an
appeal to the Coastal Commission of a City final ac�on on a coastal development permit applica�on are as
follows:
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Chapter 21.68
ENFORCEMENT
Sec�on 109: Subsec�on (C) of Sec�on 21.68.050 (Legal Remedies) of Chapter 21.68 (Enforcement) of Title 21
(Local Coastal Program Implementa�on Plan) of the Code is amended to read as follows:
21.68.050 Legal Remedies.
C. Enforcement Pursuant to the Coastal Act. In addi�on 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 viola�ons and
enforcement and the City and the Commission shall have the enforcement powers described therein.
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Chapter 21.70
DEFINITIONS
Sec�on 110: Sec�on 21.70.010 (Purpose of Part) of Chapter 21.70 (Defini�ons) of Title 21 (Local Coastal
Program Implementa�on Plan) of the Code is amended to read as follows:
21.70.010 Purpose of Part.
This part provides defini�ons of terms and phrases used in this Implementa�on Plan that are technical or
specialized, or that may not reflect common usage. If the defini�ons in this part conflict with defini�ons in other
provisions of this Code, these defini�ons shall control for the purposes of this Implementa�on Plan. If a word is
not defined in this part, or elsewhere in this Implementa�on Plan, the most common dic�onary defini�on is
presumed to be correct.
Sec�on 111: The following defini�ons in Sec�on 21.70.020 (Defini�ons of Specialized Terms and Phrases) of
Chapter 21.70 (Defini�ons) of Title 21 (Local Coastal Program Implementa�on Plan) of the Code are amended to
read as follows:
21.70.020 Defini�ons of Specialized Terms and Phrases.
“Aggrieved person” means any person who, in person or through a representa�ve, appeared at a public hearing
held before the Zoning Administrator, Planning Commission, or Council in connec�on with the decision or ac�on
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 Sec�on 30801).
“Alcohol sales, off-sale, accessory only (land use)” means an establishment that has all of the following
characteris�cs:
1. Alcoholic beverages will be or are sold, served, or given away for consump�on 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. Illustra�ve 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 iden�fied by this Implementa�on Plan as
having the responsibility and authority to review and approve or disapprove ministerial and discre�onary permit
applica�ons described in this Implementa�on 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 cul�vated by man for domes�c 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 Sec�on 671
(Importa�on, Transporta�on 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 Sec�on 6932.
“California Environmental Quality Act (CEQA)” means a State law (Cal. Pub. Resources Code Sec�on 21000 et
seq.).
“Categorical exclusion area” means that por�on of the coastal zone within an exclusion area boundary adopted
in compliance with the California Coastal Act (Cal. Pub. Resources Code Sec�on 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 Sec�on 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 automa�cally terminates upon the effec�ve date of the delega�on of
development review authority to a local government in compliance with 14 CCR Sec�on 13249(b).
“Categorical exemp�on” means, as defined by 14 CCR Sec�on 15354 of the State CEQA Guidelines, an exemp�on
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 Sec�on 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 Sec�on 30610, which shall be
established by the terms and condi�ons applied to each categorical exclusion order by the Coastal Commission.
“Coastal Commission permit jurisdic�on” means the boundaries of �delands, submerged lands, and public trust
lands described in Sec�on 30519(b) of the Cal. Pub. Resources Code where the Coastal Commission retains
permit jurisdic�on.
“Coastal-dependent development or use” means any development or use which requires a site on, or adjacent
to, the sea to be able to func�on at all (from Cal. Pub. Resources Code Sec�on 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 Sec�on 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 Sec�on 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 Sec�on 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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Includes a condominium project, community apartment project, or stock coopera�ve, as defined in Cal. Civ. Code
Sec�on 1351.
“Density bonus” means, as defined by Cal. Gov. Code Sec�on 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 erec�on 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 extrac�on 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 Sec�on
66410), and another division of land, including lot splits, except where the land division is brought about in
connec�on with the purchase of the land by a public agency for public recrea�onal use; change in the intensity
of use of water, or of access thereto; construc�on, reconstruc�on, demoli�on, or altera�on of the size of a
structure, including a facility of a private, public, or municipal u�lity; and the removal or harves�ng of major
vegeta�on other than for agricultural purposes and kelp harves�ng.
“Dwelling unit, accessory (land use)” means a dwelling unit accessory to and atached to, detached from, or
contained within the principal dwelling unit on a site zoned for residen�al use. An accessory dwelling unit also
includes the following:
1. An efficiency unit, as defined in Cal. Health & Saf. Code Sec�on 17958.1.
2. A manufactured home, as defined in Cal. Health & Saf. Code Sec�on 18007.
“Emergency” means any sudden, unexpected occurrence demanding immediate ac�on to prevent or mi�gate
loss of or damage to life, health, property or essen�al public services as used in Cal. Pub. Resources Code Sec�on
30624.
“Emergency shelter (land use)” means, as defined in Cal. Health & Saf. Code Sec�on 50801(e), a facility with
minimal suppor�ve services for homeless persons.
“Environmentally sensi�ve habitat area (ESHA)” as defined in Cal. Pub. Resources Code Sec�on 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 ac�vi�es and
developments.
“Explosives” means a substance defined as an explosive by Cal. Health & Saf. Code Sec�on 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 Sec�on 65300 et seq., and referred to in this Implementa�on
Plan as the “General Plan.”
“Final map” means a subdivision map prepared in compliance with Subdivision Map Act, Ar�cle 2, Chapter 2,
and approved in compliance with Subdivision Map Act, Ar�cle 4, Chapter 3 (Cal. Gov. Code Sec�on 66410 et
seq.), that is used to complete the subdivision of five (5) or more lots. See also “Parcel map” and “Tenta�ve map.”
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“Lot line adjustment” means, as provided in the Subdivision Map Act (Cal. Gov. Code Sec�on 66412(d)), a lot line
adjustment that relocates one or more lot lines between two or more exis�ng 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, genera�ng, storing, transmi�ng, or
recovering facility for electricity, natural gas, petroleum, coal or other source of energy which exceeds one
hundred thousand dollars ($100,000) in its es�mated cost of construc�on with an automa�c increase in
accordance with the Engineering News Record Construc�on Cost Index, except for those governed by the
provisions of Cal. Pub. Resources Code Sec�on 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, Ar�cle 3, Chapter 2 (Cal. Gov.
Code Sec�on 66410 et seq.), which is required to complete a subdivision of four (4) or fewer lots. See also “Final
map” and “Tenta�ve map.”
Parks and Recrea�onal Facili�es (Land Use).
2. “Recrea�on, passive” means a type of outdoor recrea�on or ac�vity that can be carried out with litle
altera�on or improvement to exis�ng topography of a site, with the use of exis�ng natural resources, and with a
minimal impact (e.g., bicycling, hiking, jogging, walking, bird-watching, picnicking, etc.).
Parolee-Proba�oner. A parolee-proba�oner includes: (1) any individual who has been convicted of a federal
crime, sentenced to a United States prison, and received condi�onal 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 Sec�on
3000, and is under the jurisdic�on of the California Department of Correc�ons, Parole and Community Services
Division; (3) an adult or juvenile sentenced to a term in the California Youth Authority and who has received
condi�onal 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 correc�onal facility, including County
correc�onal facili�es, and is under the jurisdic�on of any federal, State, or County parole or proba�on officer.
For the purposes of this defini�on, “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, naviga�on, fisheries,
recrea�on, and other public purposes. Public trust lands include �delands, submerged lands, the beds of
navigable lakes and rivers, and historic �delands and submerged lands that are presently filled or reclaimed and
which were subject to the public trust at any �me (14 CCR Sec�on 13577). See “Submerged lands” and
“Tidelands.”
“Senior ci�zen housing development” means a residen�al development developed, substan�ally rehabilitated,
or substan�ally renovated for senior ci�zens (i.e., persons fi�y-five (55) years of age or older) that has at least
thirty-five (35) dwelling units and that conforms to Cal. Civ. Code Sec�on 51.3(b)(4).
“Specific plan” means, under Cal. Gov. Code Sec�on 65450 et seq., a policy statement and implementa�on tool
adopted by the City Council that addresses a single project or planning problem. A specific plan may include
detailed regula�ons, condi�ons, programs, and/or proposed legisla�on that may be necessary or convenient for
the systema�c implementa�on of a General Plan element(s).
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“Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land, or any
por�on thereof, shown on the latest equalized county assessment roll as a unit or as con�guous units, for the
purpose of sale, lease or financing, whether immediate or future. Property shall be considered as con�guous
units even if it is separated by roads, streets, u�lity easement or railroad rights-of-way. Subdivision includes a
condominium project, as defined in Cal. Civ. Code Sec�on 1351 (f), a community apartment project, as defined
in Cal. Civ. Code Sec�on 1351 (D), or the conversion of five (5) or more exis�ng dwelling units to a stock
coopera�ve, as defined in Cal. Civ. Code Sec�on 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 Sec�on 66410, regarding
the subdivision of real property.
“Submerged lands” means lands that lie below the line of mean low �de (14 CCR Sec�on 13577). See “Public
trust lands.”
“Suppor�ve housing” means housing with no limit on length of stay, that is occupied by the target popula�on,
as defined by Cal. Health & Saf. Code Sec�on 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. Suppor�ve housing that is provided in single-, two-, or mul�-family dwelling
units, group residen�al, parolee-proba�oner home, residen�al care facili�es, or boarding house uses shall be
permited, condi�onally permited or prohibited in the same manner as the other single-, two- or mul�-family
dwelling units, group residen�al, parolee-proba�oner home, residen�al care facili�es, or boarding house uses
under this Code.
“Tenta�ve map” means a subdivision map prepared in compliance with the Subdivision Map Act (Cal. Gov. Code
Sec�on 66410 et seq.) that specifies the condi�ons that must be sa�sfied 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 �de and mean low �de (14 CCR Sec�on
13577). See “Public trust lands.”
Visitor Accommoda�ons (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 mee�ng rooms, restaurants, bars, and recrea�onal facili�es. Guest rooms may or may not
contain kitchen facili�es for food prepara�on (i.e., refrigerators, sinks, stoves, and ovens). Hotels with kitchen
facili�es are commonly known as extended stay hotels. A hotel operates subject to taxa�on under Cal. Rev. &
Tax. Code Sec�on 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 facili�es. A motel is dis�nguished from a hotel primarily by direct
independent access to, and adjoining parking for, each guest room. A motel operates subject to taxa�on under
Cal. Rev. & Tax. Code Sec�on 7280.
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