HomeMy WebLinkAbout2024-52 - Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend the City of Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal CodeRESOLUTION NO. 2024-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF A LOCAL COASTAL PROGRAM
AMENDMENT TO THE CALIFORNIA COASTAL
COMMISSION TO AMEND THE CITY OF NEWPORT
BEACH COASTAL LAND USE PLAN AND TITLE 21
(LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE
RELATED TO THE IMPLEMENTATION OF THE
HOUSING ELEMENT (PA2022-0245)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, California Government Code Section 65580 et seq. ("State Housing
Element Law") requires each city and county adopt a housing element that identifies and
analyzes existing and projected housing needs within their jurisdiction and prepare goals,
policies, and programs, and quantified objectives to further the development, improvement,
and preservation of housing;
WHEREAS, 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;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City added
Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the Newport Beach
Municipal Code ("NBMC") whereby the City assumed coastal development permit issuing
authority on January 30, 2017;
WHEREAS, the City's General Plan Land Use Element is a mandatory element
that governs the ultimate pattern of development and requires updating as necessary for
consistency with other General Plan elements;
Resolution No. 2024-52
Page 2 of 7
WHEREAS, every eight years, State Housing Element Law requires the City to
update its General Plan Housing Element to identify and analyze existing and projected
housing needs for the City along with a housing plan that provides adequate land use
capacity to meet those needs,
WHEREAS, the City was assigned a Regional Housing Needs Assessment
("RHNA") allocation of 4,845 new units as its projected housing need for the planning period
covering 2021-2029 and, as a result, the City worked diligently to prepare its 6th Cycle
Housing Element in compliance with state law;
WHEREAS, preparation of the 6th Cycle Housing Element involved extensive public
participation with community groups at numerous workshops, as well as meetings with the
Planning Commission and City Council, and was assisted by an ad -hoc committee called
the Housing Element Update Advisory Committee ("HEUAC") formed and appointed by the
City Council;
WHEREAS, after several meetings with the State Department of Housing and
Community Development ("HCD") and numerous drafts, the City Council adopted the final
6th Cycle Housing Element on September 13, 2022;
WHEREAS, HCD certified the City's 6th Cycle Housing Element on October 5,
2022, as statutorily compliant with state law;
WHEREAS, Section 4 (Housing Plan) of the 6th Cycle Housing Element presents a
framework and strategy for meeting the needs of existing and future resident populations in
Newport Beach based on the RHNA allocation of 4,845 new housing units, the "fair share"
of regional housing need and demand, by planning for units within the following site
groupings or "focus areas" that are best suited for residential growth: Airport Area Environs,
West Newport Mesa, Newport Center, Dove r/Westcliff, and Coyote Canyon;
WHEREAS, the 6th Cycle Housing Element opportunity sites are to be rezoned per
Housing Element Policy Actions 1A through 1 F to accommodate the City's RHNA obligation,
including a buffer necessary to address future "no net loss" of available sites and to preclude
the need to identify replacement sites during implementation;
WHEREAS, the rezoning includes the establishment of overlay zoning districts and
accompanying development standards, as well as corresponding amendments to the
General Plan Land Use Element and the Local Coastal Program;
Resolution No. 2024-52
Page 3 of 7
WHEREAS, to comply with state law, the City has been working diligently to
implement the 6t" Cycle Housing Element no later than February 2025 ("6t" Cycle Housing
Element Implementation"), which requires the following amendments and actions:
• General Plan Amendment ("GPA") - To revise the necessary goals and/or
policies within the City's Land Use Element to support housing production in
the focus areas identified by the 6t" Cycle Housing Element;
• Amendment to Title 20 (Planning and Zoning) ("ZCA") - To implement the
Land Use Element's policy changes by allowing housing development as an
opportunity and establishing appropriate objective design and development
standards for multi -unit residential and mixed -use development projects;
• Local Coastal Program Amendment ("LCPA") - To revise and create new
policies within the City's Coastal Land Use Plan and update Title 21 (Local
Coastal Program Implementation Plan) of the NBMC to support housing
production in the focus areas identified by the 6t" Cycle Housing Element that
are within the Coastal Zone; and
• Program Environmental Impact Report ("PEIR") (SCH No. 2023060699) - To
analyze potential environmental impacts under the California Environmental
Quality Act ("CEQA") related to the 6t" Cycle Housing Element
Implementation, a Draft Housing Element Implementation Program
Amendments Program Environmental Impact Report ("Draft PEIR"), to
address reasonably foreseeable environmental impacts resulting from the 6t"
Cycle Housing Element Implementation;
WHEREAS, the 6t" Cycle Housing Element Implementation must take effect by
February 2025 to avoid significant penalties and loss of local control dictated by state law,
which may include, but are not limited to:
• Increased exposure to public and private litigation;
• Loss of permitting authority;
• Financial penalties including monthly fines of up to $600,000;
• Loss of eligibility for state and regional funding sources;
• Court receivership;
• Allowing housing developers to bypass the City's zoning requirements; and
• Increased exposure to monitoring by the newly formed Housing Accountability
Unit of HCD;
Resolution No. 2024-52
Page 4 of 7
WHEREAS, City staff worked closely with the community through the City
Council -appointed General Plan Advisory Committee ("GPAC") and General Plan Update
Steering Committee ("GPUSC") from March 2023 to August 2023 to draft Land Use
Element goals and policies that support 6t" Cycle Housing Element Implementation;
WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC was
posted online on August 30, 2023, with additional public comments and participation at
the Planning Commission Study Session on September 21, 2023, and the City Council
Study Session on February 13, 2024;
WHEREAS, the draft GPA was revised and reposted online on January 16, 2024,
and March 28, 2024, based on the public's input;
WHEREAS, a public hearing was held by the Planning Commission on April 18,
2024, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to
consider the actions and amendments required for the 6t" Cycle Housing Element
Implementation. A notice of time, place, and purpose of the hearing was given in
accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act"),
Chapter 20.62 (Public Hearings) and Chapter 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by the Planning
Commission at this hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2024-006 by a unanimous vote (5 ayes, 2 recusals)
recommending the City Council certify the Housing Element Implementation Program
Amendments Draft PEIR and approve the 6t" Cycle Housing Element Implementation;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the 6t" Cycle Housing Element Implementation to the Orange County
Airport Land Use Commission ("ALUC") to review for consistency with the 2008 John
Wayne Airport Environs Land Use Plan ("AELUP");
WHEREAS, on May 16, 2024, the ALUC determined the 6t" Cycle Housing
Element Implementation is inconsistent with the AELUP;
Resolution No. 2024-52
Page 5 of 7
WHEREAS, pursuant to Sections 21670 and 21676 of the CPUC, the City Council
held a duly noticed public hearing on May 28, 2024, and adopted Resolution No. 2024-
32 (7 ayes, 0 nays), to notify the ALUC and State Department of Transportation
Aeronautics Program of the City's intent to override ALUC's inconsistency finding and on
May 29, 2024, the City issued the Notice of Intent to Override ALUC's determination and
received two comments in response;
WHEREAS, a public hearing was held on July 23, 2024, by the City Council in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California to
consider the 6th Cycle Housing Element Implementation, including consideration of
certifying the PEIR, adoption of CEQA Findings, Mitigation Monitoring and Reporting
Program and a Statement of Overriding Considerations. A notice of time, place, and
purpose of the hearing was given in accordance with CPUC Section 21676(b), the Ralph
M. Brown Act, Chapter 20.62 (Public Hearings), Chapter 20.66 (Amendments), and
Chapter 21.62 (Public Hearings) of the NBMC, and City Council Policy K-1 (General Plan
and Local Coastal Program) and City Council Policy K-3 (Implementation procedures for
the California Environmental Quality Act). Evidence both written and oral, was presented
to, and considered by, the City Council at this hearing; and
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5. 5, Chapter 8 ("Section 13515"), drafts of the LCPA were made available
and a Notice of Availability was distributed on April 15, 2024, at least six weeks prior to
the anticipated final action date.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council finds amendments to the LCP are legislative acts.
Neither Title 21 nor State Planning Law set for any required findings for either approval
or denial of such amendments. Notwithstanding the foregoing, the LCPA is consistent
with the corresponding GPA and ZCA.
Section 2: The City Council does hereby make the findings attached hereto as
Exhibit "A" and incorporated by reference and authorizes staff to submit this LCPA to
amend portions of the Coastal Land Use Plan and Title 21, as set forth in Exhibits "B" and
"C," which are attached hereto and incorporated by reference, to the California Coastal
Commission for review and approval.
Resolution No. 2024-52
Page 6 of 7
Section 3: The Housing Element Implementation Program Amendments Final
PEIR (SCH No. 2023060699) was prepared for the 6t" Cycle Housing Element
Implementation (also referred to as the "Project") in compliance with the California
Environmental Quality Act ("CEQA") as set forth in the Public Resources Code Section
21000 et seq., Title 14, Division 6, Chapter 3 of the California Code of Regulations
("CEQA Guidelines"), and City Council Policy K-3 (Implementation Procedures for the
California Environmental Quality Act). On July 23, 2024, the City Council adopted
Resolution No. 2024-50, to certify the PEIR as complete and adequate, inclusive of all
required findings, a statement of overriding considerations, and a mitigation monitoring
reporting program. The City Council hereby finds that the action to adopt this Resolution
approving the LCPA was considered within the PEIR. Resolution No. 2024-50 is hereby
incorporated by reference.
Section 4: This LCPA shall not become effective until voter approval set forth in
Section 8 below followed by approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution and/or ordinance of the City of Newport Beach.
Section 5: This LCPA, if approved, will be carried out fully in conformity with the
California Coastal Act.
Section 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Resolution No. 2024-52
Page 7 of 7
Section 8: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of July, 2024.
Will O'Neill
Mayor
ATTEST:
A64vv-142VU
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ar n C. Harp
City Attorney
Attachments: Exhibit "A" — Findings for Approval
Exhibit "B" — Amendment to Coastal Land Use Plan
Exhibit "C" — Amendment to Title 21 (Local Coastal
Program Implementation Plan)
EXHIBIT "A"
Findings for Approval
General Finding:
An amendment to the City's Local Coastal Program is a legislative act. Neither Title 21
(Planning and Zoning) of the NBMC nor California Government Code Section 65000 et
seq., set forth any required findings for approval of such amendments. Notwithstanding
the foregoing, the following amendments to the Local Coastal Program will create internal
consistency with the certified 6t" Cycle Housing Element:
Facts in Support of Finding:
1. The Local Coastal Program ("LCP"), including the Coastal Land Use Plan
and the Implementation Plan (Title 21) are designed to implement the
General Plan within the Coastal Zone in furtherance of the California
Coastal Act. Since the 6t" Cycle Housing Element Implementation involves
an amendment to the General Plan and Title 20 (Planning and Zoning)
affecting several properties within the Coastal Zone, it is necessary to also
amend the LCP to achieve the goals and policies.
2. The LCP Amendment ("LCPA"), attached to this resolution as Exhibits "B"
and "C" incorporated herein, including the Housing Opportunity (HO)
Overlay Coastal Zoning Districts with associated development standards,
are consistent with the implementation program in the Housing Plan of the
Housing Element, as discussed in Resolution No. 2024- under the
Findings for the General Plan Amendment. The LCPA will enable the
implementation of the Housing Element's key objective, which is to
accommodate the development of housing projects to fulfill City's "fair
share" of regional housing need and demand.
EXHIBIT "B"
Amendment to Coastal Land Use Plan
Policy 2.1.2-1 of the CLUP is revised as follows:
Development in each district and corridor shall adhere to policies for land use type and
density/intensity contained in Table 2.1.1-1, except as modified in Sections 2.1.3 to 2.1.8,
and 2.1.11.
Policy 2.1.10-1 of the CLUP is revised as follows:
Land uses and new development in the coastal zone shall be consistent with the Coastal
Land Use Plan Map and all applicable LCP policies and regulations, except as modified
by all Policies in the 2.1.11 series.
New Policy 2.1.11-1 is inserted and reads as follows:
Accommodate housing opportunities through the adoption of housing opportunity overlay
coastal zoning districts or other land use regulatory policy. The following areas are
intended to be consistent with the Housing Element's focus areas. Properties within each
overlay coastal zoning district should include, but are not limited to, sites identified in the
Housing Element; however, not all sites must be included, and other sites may be
identified in the future through rezoning unless precluded by state law. The City will
reserve 25% of allocated dwelling units within the Coastal Zone until such a time as the
City's Local Coastal Program has been amended to allow for housing consistent with the
implementation of the 6t" Cycle Housing Element. Following the City's Local Coastal
Program Amendment, priority for the reserved units will be given to sites located within
the Coastal Zone. The goal is to ensure an adequate number of sites Citywide to
accommodate the City's allocation of the Regional Housing Needs Assessment:
■ Airport Environs: the intent is to support a density between 20 and 50 dwelling
units per gross acre to accommodate up to 2,577 total dwelling units within the
entire area, inclusive of those properties in the Coastal Zone.
■ West Newport Mesa: the intent is to support a density between 20 and 50 dwelling
units per gross acre to accommodate up to 1,107 total dwelling units within the
entire area, inclusive of those properties in the Coastal Zone.
■ Newport Center: the intent is to support a density between 20 and 50 dwelling
units per gross acre to accommodate up to 2,439 total dwelling units within the
entire area, inclusive of those properties in the Coastal Zone.
■ Dover / Westcliff: the intent is to support a density between 20 and 50 dwelling
units per gross acre to accommodate up to 521 total dwelling units within the entire
area, inclusive of those properties in the Coastal Zone.
New Policy 2.1.11-2 is inserted and reads as follows:
Residential use of any property included within an established housing opportunity
overlay coastal zoning district is allowed regardless of and in addition to the underlying
land use category or density limit established herein. An amendment to the Coastal Land
Use Plan is not required to develop a residential use within an established housing
opportunity zoning overlay coastal zoning district. The maximum density specified for the
various overlay coastal zoning districts specified in Policy 2.1.11-1 is an average over the
entire property or project site. For example, a portion of a development site may be
developed at a higher density than specified by Policy 2.1.11-1 provided other portions of
the site are developed at lower densities such that the average does not exceed the
maximum. Density calculations and total units do not include units identified as pipeline
units or units permitted pursuant to State density bonus law.
New Policy 2.1.11-3 is inserted and reads as follows:
Residential opportunities are in addition to existing uses allowed by the Coastal Land Use
Plan. Properties within the established overlay coastal zones are not required to be
developed for mixed -use or residential. Existing uses may continue to operate provided
they are legally established and consistent with policies and regulations related to legal
nonconforming uses. The adoption of housing opportunity overlay coastal zoning districts
shall not affect existing rights to use the property.
New Policy 2.1.11-4 is inserted and reads as follows:
If residential or mixed -use projects pursuant to a housing opportunity overlay coastal
zoning district are developed, projects shall be consistent with applicable overlay coastal
zoning district or Implementation Plan requirements unless modified consistent with an
established procedure to grant relief from standards (e.g., Coastal Modification or
Variance, or the application of Density Bonus regulations).
EXHIBIT "C"
Amendment to Title 21 (Local Coastal Program Implementation Plan)
Chapter 21.28 (Overlay Coastal Zoning Districts) of the NBMC is amended to include a
new Section 21.28.070 (Housing Opportunity [HO] Overlay Coastal Zoning District) as
follows:
Chapter 21.28
OVERLAY COASTAL ZONING DISTRICTS (MHP, PM, B, C, H, AND HO)
Sections:
21.28.010 Purposes of Overlay Coastal Zoning Districts.
21.28.020 Mobile Home Park (MHP) Overlay Coastal Zoning District.
21.28.030 Parking Management (PM) Overlay District.
21.28.040 Bluff (B) Overlay District.
21.28.050 Canyon (C) Overlay District.
21.28.060 Height (H) Overlay District.
21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts.
Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) is amended to include
a new Subsection (F) as follows:
F. HO (Housing Opportunity) Overlay Coastal Zoning Districts. The HO Overlay Coastal
Zoning Districts are intended to accommodate housing opportunities consistent with the
Housing Element's focus areas and to ensure the City can meet its allocation of the Regional
Housing Needs Assessment (RHNA). The specific areas are identified in Part 8 of this title
(Maps).
New Section 21.28.070 (Housing Opportunity [HO] Overlay Coastal Zoning Districts) is
incorporated into the Chapter as follows:
21.28.070 Housing Opportunity (HO) Overlay Coastal Zoning Districts.
A. Applicability. This section applies to properties located in one of the Housing Opportunity
(HO) Overlay Coastal Zoning Districts, as identified in Part 8 of this title. This includes the
following subareas:
1. HO-1 - Airport Area Environs Area - The Airport Area Environs Area is located
north of the Upper Newport Bay Nature Reserve, primarily around the John
Wayne Airport.
2. HO-2 - West Newport Mesa Area - The West Newport Mesa Area is located
near the southwest corner of the City and primarily consists of industrial
properties along 16th Street, Production Place, and 15th Street.
3. HO-3 - Dover-Westcliff Area - The Dover-Westcliff Area includes property on
both sides of West Coast Highway and the west of Dover Drive. Properties in
the Lido Village area are included.
4. HO-4 -Newport Center Area -The Newport Center Area is generally bounded
by San Joaquin Hills Road, MacArthur Blvd, Coast Highway, and Jamboree
Road.
The above listed are general descriptions of each subarea and additional properties may be
included with the subarea. To be eligible for the provisions of this chapter, the property must
be listed on the HO area map as an "Opportunity Site".
B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO)
Overlay Coastal Zoning Districts:
1. Any use that is permitted or conditionally permitted in the base zone;
2. Multiple -unit development that meets the density requirements set forth in this
section;
3. Mixed -use development that includes a residential component which complies with
the minimum density set forth in this section; and
4. Residential supporting uses such as leasing/sales/property management offices,
fitness facilities, recreation facilities, etc.
C. Subarea Development Standards.
1. Development Standards. The following development standards shall apply to any
residential or mixed -use project permitted pursuant to this section. Unless otherwise
modified bythis section, all applicable development standards, including any adopted
objective design standards, shall apply.
TABLE 21.28-1
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES
Development
Housing Opportunity Subareas
Feature
HO-1
HO-2
HO-3
H04
Lot
Size/Dimension
Per Base Zone
Lot area
required per
unit (sq. ft.)'
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Minimum:
2,178 (20 du/ac)
Maximum:
871 (50 du/ac)
Setbacks
Front
0 ft.(2)
10 ft.(2)
10 ft.(2)(3)
0(2)
Rear
0
20 ft.
20 ft.
0
Side
0'(4)
Street Side
0(2)
10 ft.(2)
10 ft.(2)
0 ft.(2)
Height
Per Base Zone unless
otherwise identified
on the map
65 ft.
65 ft.(5)
Per Base Zone(6)
Building
Separation
10 ft.
Floor Area
Ratio (FAR)
No restriction (6)
Common Open
Space(7)
Minimum 75 square feet/dwelling unit. (The minimum dimension [length and
width] shall be 15 feet.)
Private Open
Space
5% of the gross floor area for each unit. (The minimum dimension [length and
width] shall be 6 feet.)
Fencing
See Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls).
Landscaping
See Section 21.30.075 (Landscaping) and 21.30.085 (Water Efficient Landscaping).
Lighting
See Section 21.30.070 (Outdoor Lighting).
Parking
See Subsection (D)(2) below and Chapter 21.40 (Off -Street Parking).
Signs
See Chapter 21.30.065 (Sign Standards).
(1) Minimum/maximum allowable density range may be based on an average density of the entire project site, excluding
density bonus units.
(2) Any portion of the building that is over 20 feet in height shall be setback a minimum 20 feet from the street right-of-
way.
(3) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning
100 feet north of Coast Highway.
(4) The combined total from both sides shall be 15 feet.
(5) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.
(6) The FAR in this table only applies to residential floor area, including any supporting facilities. In mixed -use
developments, the FAR for nonresidential is still applicable.
(7) For purposes of this section, common and private open space in HO-1 may include enclosed shared amenities such
as a clubhouse, swimming pool, tennis court, basketball court, racquetball court, weightlifting facility, children's
playground equipment, sauna, jacuzzi, day care facility, or any other recreational amenities/facilities as deemed
appropriate by the Community Development Director.
2. Airport Area Environs Area (HO-1). The following development standards shall only
apply to projects with the Airport Area Environs Area:
a. Sound Mitigation. The interior ambient noise level of all new residential
dwelling units shall meet applicable standards of the Section 10.26.030
(Interior Noise Standards). An acoustical analysis report, prepared by an
acoustical engineer, shall be submitted describing the acoustical design
features of the structure that will satisfy the interior noise standard. The
residential units shall be constructed, and noise attenuated in compliance with
the report.
b. Advanced Air Filtration. The design of all new residential and mixed -use
residential developments shall include advanced air filtration systems to
promote cleaner air within living environments.
c. Notification to Owners and Tenants. A written disclosure statement shall be
prepared prior to sale, lease, or rental of a residential unit within the
development. The disclosure statement shall indicate that the occupants will
be living in an urban type of environment adjacent to an airport and that the
noise, odor, and outdoor activity levels may be higher than a typical suburban
residential area. The disclosure statement shall include a written description
of the potential impacts to residents of both the existing environment (e.g.,
noise from planes, commercial activity on the site and vehicles streets) and
potential nuisances based upon the allowed uses in the zoning district. Each
and every buyer, lessee, or renter shall sign the statement acknowledging that
they have received, read, and understand the disclosure statement. A
covenant shall also be included within all deeds, leases or contracts conveying
any interest in a residential unit within the development that requires: (1) the
disclosure and notification requirement stated herein; (2) an acknowledgment
by all grantees or lessees that the property is located within an urban type of
environment and that the noise, odor, and outdoor activity levels may be
higher than a typical suburban residential area; and (3) acknowledgment that
the covenant is binding for the benefit and in favor of the City of Newport
Beach.
3. West Newport Mesa Area (HO-2). The following development standards shall only
apply to projects with the West Newport Mesa Area:
a. West Newport Mesa Streetscape Master Plan. Any residential or mixed -use
residential development shall implement applicable components of the
adopted West Newport Mesa Streetscape Master Plan.
D. General Development Standards. The following development standards shall apply to all
projects within the Housing Opportunity zone, regardless of subarea:
1. Landscaped Setbacks. All front and street side setbacks shall be landscaped, except
for areas that provide vehicle and pedestrian access to the right-of-way.
2. Residential Off -Street Parking Requirements. Residential parking requirements for
projects within the Housing Opportunity Overlay Zones shall be provided in
accordance with Table 21.28-2 below. Parking for all other uses not included in this
table shall be provided in accordance with Chapter 21.40 (Off -Street Parking
Requirements) of the NBMC.
TABLE 21.28-2
RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY COASTAL OVERLAY
ZONES
Land Use
Subtype
Parking Requirement
Residential
Studio
1.1 spaces per dwelling unit
(Rental)
1 Bedroom
1.5 spaces per dwelling unit
2 Bedrooms
1.8 spaces per dwelling unit
3 Bedrooms
2.0 spaces per dwelling unit
Visitor Parking
0.3 spaces per dwelling unit
Residential
Studio
1.4 spaces per dwelling unit
(Ownership)
1 Bedroom
1.8 spaces per dwelling unit
2 Bedrooms
1.8 spaces per dwelling unit
3 Bedrooms
2.0 spaces per dwelling unit
Visitor Parking
0.3 spaces per dwelling unit
Part 8. Maps, Chapter 20.80 (Maps) is amended to include new Section 21.80.032
(Housing Opportunity Overlay Districts Maps) as follows:
Chapter 21.80
MAPS
Sections:
21.80.010
Area Maps.
21.80.020
Bluff Overlay.
21.80.025
Canyon Overlay.
21.80.030
Height Limit Areas.
21.80.032
Housing Opportunity Overlay Districts Maps.
21.80.035
Parking Management Overlay District Maps.
21.80.040
Setback Maps.
21.80.055 Planned Community Site Plans.
21.80.065 Planned Community Land Use Maps.
Section 21.80.032 (Housing Opportunity Overlay Zoning Districts Maps) is added in its
entirety to include an indexing of maps as follows:
1-10-1 - Airport Area Environs Area (PDF)
1-10-2 - West Newport Mesa Area (PDF)
1-10-3 - Dover-Westcliff Area (PDF)
HO-4 - Newport Center Area (PDF)
The corresponding maps for each of the Housing Opportunity Overlay Coastal Zoning
Districts, as indexed in Section 21.80.032 and linked as a PDF, are to be in a similar
format to the following series of maps beginning on the next page:
Legend
Housing Opportunity Sites Overlay (Coastal Zone)
lI Housing Opportunity Sites Overlay
IMIN Coastal Zone Boundary
O60' maximum
O35' maximum
w
HO-1 Airport Area Environs Area NBG
CMy.1 Nawp-1 I.-h
G15 P�h -
Legend
® Housing Opportunity Sites Overlay (Coastal Zone)
Housing Opportunity Sites Overlay
9111111 Coastal Zone Boundary
__,
�I� o
M NBGIS
HO-2 West Newport Mesa Area
City a! N.-P." 5—b
015 O bi-
J.". ]0, i0SA
Legend
--- - Housing Opportunity Sites Overlay (Coastal Zone)
T _I Housing Opportunity Sites f {
_ 111111 Coastal Zone Boundary a l 1
^7 j \'
Q�-
./
�<�
c
r a ry NBGIS
HO-3 Dover-Westcliff Area
_ @T of Nv�port 3s .Th
U45 Dbiven
Legend
MHousing Opportunity Sites Overlay (Coastal Zone)
—� Housing Opportunity Sites
f
111111 Coastal Zone Boundary
6
=-� ��\\\ �►. �-�-!� /fin
ll iall1
HO-4 Newport Center Area
NBGS
- Cny of NaWporr beach
limns Ztl, 20�d
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2024-52 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of July; 2024; and the same was so passed and adopted by the following
vote, to wit:
AYES: Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember
Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman,
Councilmember Erik Weigand
NAYS: None
ABSTAINED: Mayor Will O'Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 24th day of July, 2024.
C � n
Leilani I. Brown pa�_
City Clerk
Newport Beach, California
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