HomeMy WebLinkAbout2024-16 - Amending Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to Implement the General Plan 6th Cycle Housing Element (PA2022-0245)ORDINANCE NO. 2024-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
20 (PLANNING AND ZONING) OF THE NEWPORT
BEACH MUNICIPAL CODE TO IMPLEMENT THE
GENERAL PLAN 6T" CYCLE 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, the City's General Plan Land Use Element is a mandatory element
that governs the ultimate pattern of development and requires updating every now and
then for consistency with other General Plan elements;
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;
Ordinance No. 2024-16
Page 2 of 6
WHEREAS, after several meetings with the State Department of Housing and
Community Development ("HCD") and numerous drafts, the City Council adopted the
final 6t" Cycle Housing Element on September 13, 2022;
WHEREAS, HCD certified the City's 6t" Cycle Housing Element on October 5,
2022, as statutorily compliant with state law;
WHEREAS, Section 4 (Housing Plan) of the 6t" 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 6t" 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;
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;
Ordinance No. 2024-16
Page 3 of 6
• 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 Newport Beach Municipal
Code ("NBMC") to support housing production in the focus areas identified
by the 6th 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 6th 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 6th
Cycle Housing Element Implementation;
WHEREAS, the 6th 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 $600,0000,
• 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;
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 6th Cycle Housing Element Implementation,
including the ZCA;
WHEREAS, the draft GPA that was supported by the GPAC and the GPUSC
was posted online along with the draft ZCA on August 30, 2023, with additional public
comments and participation at the Planning Commission Study Session on September
21, 2023, and City Council Study Session on February 13, 2024;
WHEREAS, the draft GPA was revised and reposed online on January 16,
2024, and March 28, 2024, based on the public's input;
Ordinance No. 2024-16
Page 4 of 6
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 6th 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 6th Cycle Housing Element Implementation;
WHEREAS, California Public Utilities Code ("CPUC") Section 21676(b) requires
the City to refer the 6th 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 6th Cycle Housing
Element Implementation is inconsistent with the AELUP;
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; and
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.
Ordinance No. 2024-16
Page 5 of 6
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council finds amendments to Title 20 (Planning and
Zoning) of the NBMC are legislative acts. Neither Title 20 nor State Planning Law set
for any required findings for either approval or denial of such amendments.
Notwithstanding the foregoing, the ZCA is consistent with the corresponding GPA and
LCPA.
Section 2: The City Council does hereby make the findings attached hereto as
Exhibit "A" and incorporated by reference, and approves the ZCA, as set forth in Exhibit
"B," which is attached hereto and incorporated herein by reference.
Section 3: The Housing Element Implementation Program Amendments Final
PEIR (SCH No. 2023060699) was prepared for the 6th 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 ZCA was considered within the PEIR. Resolution No. 2024-50 is hereby
incorporated by reference.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Ordinance No. 2024-16
Page 6 of 6
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This Ordinance shall take effect thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 23rd day of July, 2024, and adopted on the 24th day of
September, 2024, by the following vote, to -wit:
AYES: Mayor Pro Tern Stapleton, Councilmember Blom Councilmember
Grant, Councilmember Kleiman Councilmember Weigand
ABSTAIN: Mayor O'Neill
ABSENT: Councilmember Avery
ATTEST:
6o&,�C z-
WILL O'NEILL, MAYOR
i4t
LEILANI I. BROWN/, CITY CLERK .
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
'__ C. ,.,,
AAkON C. HARP, CITt/ATTORNEY
Attachments: Exhibit "A" — Findings for Approval
Exhibit "B" — Title 20 (Planning and Zoning) Housing Opportunity
(HO) Overlay Zoning Districts
EXHIBIT "A"
Findings for Approval
General Finding:
An amendment to the City's Zoning Code is a legislative act. Neither Title 20 (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 Zoning Code will create internal consistency
with the certified 6th Cycle Housing Element:
Facts in Support of Finding:
1. The Zoning Code is a tool designed to implement the General Plan. Since
the 6th Cycle Housing Element Implementation involves an amendment to
the General Plan, it is necessary to also amend Title 20 (Planning and
Zoning) to achieve its goals and policies.
2. The Zoning Code Amendment ("ZCK), attached to this ordinance as
Exhibit "B" incorporated herein, including the Housing Opportunity (HO)
Overlay 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 ZCA 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"
Title 20 (Planning and Zoning)
Housing Opportunity (HO) Overlay Zoning Districts
Chapter 20.28 (Overlay Zoning Districts) of the NBMC is amended to include a new
Section 21.28.050 (Housing Opportunity [HO] Overlay Zoning Districts) as follows:
Chapter 20.28
OVERLAY ZONING DISTRICTS (MHP, PM, B, HO, H)
Sections:
20.28.010
Purposes of Overlay Zoning Districts.
20.28.020
Mobile Home Park (MHP) Overlay Zoning District.
20.28.030
Parking Management (PM) Overlay District.
20.28.040
Bluff (B) Overlay District.
20.28.050
Housing Opportunity (HO) Overlay Zoning Districts.
20.28.060
Height (H) Overlay District.
Section 20.28.010 (Purposes of Overlay Zoning Districts) is amended to include a new
Subsection (D) as follows:
D. HO (Housing Opportunity) Overlay Zoning Districts. The HO Overlay 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 20.28.050 (Housing Opportunity [HO] Overlay Zoning Districts) is
incorporated into the Chapter as follows:
20.28.050 Housing Opportunity (HO) Overlay Zoning Districts.
A. Applicability. This section applies to properties located in one of the Housing
Opportunity (HO) Overlay Zoning Districts, as identified in Part 8 of this title (Maps -
NOTE: Maps largely mirror the focus areas in Appendix B of the Housing Element and
will be posted once available). This includes the following subareas:
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.
5. HO-5 - Coyote Canyon Area - The Coyote Canyon Area is located on the south side
of California State Route 73, at the junction of Newport Coast Drive.
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".
6. HO-6 - 5th Cycle Housing Element Sites - Those sites that are identified as 5th Cycle
Housing Element sites on Figure B-5 of the 6th Cycle Housing Element. See
subsection 20.28.050(E) for alternative review process.
B. Uses Allowed. The following uses shall be permitted in the Housing Opportunity (HO)
Overlay Zoning Districts with exception of HO-6 where only the base zoning standards
apply:
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.
1. Development Standards. The following development standards shall apply to any
residential or mixed -use project permitted pursuant to this section. Unless
otherwise modified by this section, all applicable development standards, including
any adopted objective design standards, shall apply.
TABLE 2-16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES
Housing Opportunity Subareas
Development Feature
HO-1
HO-2
HO-3
HO-4
HO-5
HO-6
Development Limit
2,577
1,107
521
2,439
1,530
N/A
(units)0)
Lot Size/Dimension
Per Base Zone
Lot area required per unit
Minimum:
Minimum:
Minimum:
All
(sq. ft.)(z)
2,178 (20
2,178 (20 du/ac)
2,178 (20
Standards
du/ac)
Maximum:
du/ac)
Per Base
Maximum:
871 (50 du/ac)
Maximum:
Zone
871 (50
726 (60
du/ac)
du/ac)(10)
Setbacks
Front
0 ft.(3)
10
10 ft.(3)(4)
10 ft(3)
ft.(3)
LO
Rear
0
20 ft.
20 ft.
20 ft.
Side
0 (4)
Street Side
0(3)
10
10 ft.(3)
0 ft.(3)
10 ft.(3)
ft.(3)
Height
Per Base
65 ft.
65 ft.(6)
Per
65 ft.
Zone
Base
unless
Zone(')
otherwise
identified
on the
map
Building Separation
10 ft.
Floor Area Ratio (FAR)
No restriction(')
Common Open Space(9)
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 20.30.040 (Fences, Hedges, Walls, and
Retaining Walls).
Landscaping
See Chapter 20.36 (Landscaping Standards).
Lighting
See Section 20.30.070 (Outdoor Lighting).
Outdoor Storage/Display
See Section 20.48.140 (Outdoor Storage, Display, and
Activities).
Parking
See Subsection (D)(3) below and Chapter 20.40 (Off -
Street Parking).
Satellite Antennas
See Section 20.48.190 (Satellite Antennas and
Amateur Radio Facilities).
Signs
See Chapter 20.42 (Sign Standards).
(1) Development limits are additional residential development opportunities beyond the base allowances in this Title
and General Plan, including projects approved under those base allowances and units identified as pipeline units in
the 61h Cycle Housing Element (Table B-2). Development limits shall not include density bonus units. Furthermore,
eligible units are only counted against the development limits when they are either entitled or are issued a building
permit if allowed by right. However, 25% of the development limit within each HO Overlay Zoning District that
includes properties within the Coastal Zone shall be reserved until such a time as the Citys Local Coastal Program
has been amended to allow for housing consistent with the implementation of the 6th 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.
(2) Minimum/maximum allowable density range may be based on an average density of the entire project site,
excluding density bonus units.
(3) 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.
(4) Except in the Mixed -Use Mariners Mile (MU-MM) Zoning District wherein residential uses are only allowed beginning
100 feet north of Coast Highway.
(5) The combined total from both sides shall be 15 feet.
(6) The height shall be limited to 35 feet in the Shoreline Height Limit Area, as identified in Map H-1.
(7) "Base Zone" includes all height limitations established by the Sight Plane Ordinance (Ordinance No. 1371 and
Ordinance No. 1596).
(8) 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.
(9) 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.
(10) This density is intended for the former Coyote Canyon Landfill site only. The Sage Hill School site is limited to a
maximum of 20 dwelling units.
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.
4. Coyote Canyon Area (HO-5). The following development standards shall only apply
to projects with the Coyote Canyon Area:
a. Public Park. Any future residential development within this subarea shall
include a public park that is no less than 3.5 acres, in aggregate. As part of
the review for the overall project, the developer shall provide a detailed
description of the public park, including timing, dimensions, and location
within the project site.
b. Public Trails. Any future residential development shall include public trails for
the entire subarea that accommodate multiple modes of transit (i.e., walking
and bicycling) and connect to nearby community resources, as well as the
existing trail system. As part of the review for the overall project, the
developer shall provide a detailed description of the trail system, including
timing, dimensions, alignment, and location within the project site.
D. General Development Standards. The following development standards shall apply to all
projects within the Housing Opportunity zone, regardless of subarea:
1. Mixed -use developments. All mixed -use developments shall comply with Section
20.48.130 (Standards for Mixed -Use Projects). In addition, a minimum of 50% of the
floor area of mixed -use developments shall be dedicated to residential uses. For
purposes of this section, floor area be defined as all enclosed floor space, but
exclude parking garages/spaces, utility areas, and storage areas that are not directly
accessible from the interior of a dwelling unit.
2. 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.
3. Residential Off -Street Parking Requirements. Residential parking requirements for
projects within the Housing Opportunity Overlay Zones shall be provided in
accordance with Table 2-17 below. Parking for all other uses not included in this
table shall be provided in accordance with Chapter 20.40 (Off -Street Parking
Requirements) of the NBMC.
TABLE 2-17
RESIDENTIAL OFF-STREET PARKING FOR HOUSING OPPORTUNITY 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
E. Review Process. Notwithstanding Sections 20.48.130(A) and 20.52.080, any residential or
mixed -use development in the HO Overlay Zones that includes a minimum of 20% of the
units reserved for very -low- and low-income residents shall not require a Site Development
Review, but shall require an affordable housing implementation plan (AHIP) and shall meet
all the following criteria:
1. All units designated as affordable to very -low and/or low-income residents shall be
subject to a minimum 30-year affordability covenant;
2. Affordable units shall reflect the range of numbers of bedrooms provided in the
residential development project as a whole, but may be smaller and have different
interior finishes and features than market -rate units;
3. Affordable units shall be comparable in the facilities provided (e.g., laundry,
recreation, etc.) and in the quality of construction and exterior design to the market -
rate units; and
4. Affordable units shall be dispersed throughout the residential development.
Subsection 20.48.130(B) shall be amended to include a reference to the HO Overlay
Zoning Districts as follows:
B. Development Standards. In addition to the development standards provided in this
section, development standards for mixed -use projects are provided in:
1. Table 2-10 (Development Standards for MU-V; MU-MM; MU-DW; and MUCV/15th
St.);
2. Table 2-11 (Development Standards for MU-W1 and MU-W2 Mixed -Use Zoning
Districts);
3. Table 2-16 (Development Standards for Housing Opportunity Overlay Zones); and
4. Other sections in this Part 4 for specific uses that may be part of the proposed
mixed -use project.
Part 8. Maps, Chapter 20.80 (Maps) is amended to include new Section 20.80.025
(Housing Opportunity Overlay Zoning Districts maps) as follows:
Chapter 20.80
MAPS
Sections:
20.80.010
Area maps.
20.80.020
Bluff overlay.
20.80.025
Housing Opportunity Overlay Zoning Districts maps.
20.80.030
Height limit areas.
20.80.035
Parking Management Overlay District maps.
20.80.040
Setback maps.
Section 20.80.025 (Housing Opportunity Overlay Zoning Districts maps) is added in its
entirety to include an indexing of maps as follows:
HO-1 - Airport Area Environs Area (PDF)
HO-2 - West Newport Mesa Area (PDF)
HO-3 - Dover-Westcliff Area (PDF)
HO-4 - Newport Center Area (PDF)
HO-5 - Coyote Canyon Area (PDF)
HO-6 - 5th Cycle Housing Element Sites (PDF)
The corresponding maps for each of the Housing Opportunity Overlay Zoning Districts,
as indexed in Section 20.80.025 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)
Housing Opportunity Sites Overlay ;' \ • {
KIM Coastal Zone Boundary Y
O60' maximum J
O35' maximum
T.
N.
f4 �\\
PI
y
u r NEt
'. HO-1 Airport Area Environs Area t
Cby p1 Newperr 6eacV,
J GIS n
ff Jwa?0, 2024
}
Legend
= Housing Opportunity Sites Overlay (Coastal Zone)
Housing Opportunity Sites Overlay
Coastal Zone Boundary
I
f !
i
-Z
co,
P"
n
NH
HO-2 West Newport Mesa Area 4.°•� a,
C+y of Neware Baaoh
GR D:.rion
lun• ]0, 1O�A
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Legend
- Housing Opportunity Sites Overlay (Coastal Zone) •,,�' �,.-\ '�� __
L I Housing Opportunity Sites
111111 Coastal Zone Boundary
.:
`A ..
;5a �/(s�t fix` ,,K�.. ``�'-•� -� C 1a��� ��C J I1. �A ���
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GIS GF.Han
Legend
Housing Opportunity Sites Overlay (Coastal Zone)
Housing Opportunity Sites
151111 Coastal Zone Boundary
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,+JFT-v" H04 Newport Center Area
Oly .1 N—parr 5—h
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Legend
mum Coastal zone Boundary
Housing Opportunity Sites
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HO-5 Coyote Canyon Area NEq K
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15 VNW.. loos
20,2024
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Balboa Village
HO-6 Existing 5th Cycle Sites
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; that the foregoing ordinance, being Ordinance
No. 2024-16 was duly introduced on the 23rd day of July, 2024, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 24'h day of September, 2024, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Pro Tern Joe Stapleton, Councilmember Noah Blom, Councilmember
Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand
ABSTAIN: Mayor Will O'Neill
ABSENT: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 251h day of September, 2024.
SEW PO
Leilani I. Brown, MMC '..'..-._
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-16 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: July 27, 2024
Adopted Ordinance: September 28, 2024
In witness whereof, I have hereunto subscribed my name this day of October, 2024.
Ac&L
Leilani 1. Brown, MC
City Clerk
City of Newport Beach, California