HomeMy WebLinkAbout2022-2 - Adopting Revisions to Zoning Code Amendment No. CA2019-006 Amending Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Cottage Preservation for Consistency with the California Coastal Commission’s ModificationsORDINANCE NO. 2022-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING REVISIONS
TO ZONING CODE AMENDMENT NO. CA2019-006
AMENDING TITLE 20 (PLANNING AND ZONING) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO COTTAGE PRESERVATION FOR CONSISTENCY WITH
THE CALIFORNIA COASTAL COMMISSION'S
MODIFICATIONS (PA2019-181)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to the 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, on January 28, 2020, the City Council introduced Ordinance No.
2020-4 revising Title 20 (Planning and Zoning) related to the preservation of cottages
("Zoning Code Amendment No. CA2019-006") and adopted Resolution No. 2020-12
authorizing submittal of LCP Amendment No. LC2019-004 to the California Coastal
Commission ("Coastal Commission") by a unanimous vote (7 ayes, 0 nays);
WHEREAS, on February 11, 2020, the City Council adopted Ordinance No. 2020-
4 revising Title 20 (Planning and Zoning) in order to implement Zoning Code Amendment
No. CA2019-006;
WHEREAS, at its November 19, 2021 hearing, the Coastal Commission approved
and certified LCP Amendment No. LC2019-004 with modifications (LCP-S- NPB-20-0025-
1 Part A) as being consistent with the California Coastal Act;
WHEREAS, revisions to Zoning Code Amendment No. CA2019-006 are necessary
for consistency with Coastal Commission modifications to LCP Amendment. No. LC2019-
004 (LCP-S- NPB-20-0025-1 Part A); and
WHEREAS, a public hearing was held by the City Council on January 11, 2022, 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
Ralph M. Brown Act, and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
Ordinance No. 2022-2
Page 2 of 5
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Subsection A of Section 20.38.060 (Nonconforming Parking) of Title
20 (Planning and Zoning) of the NBMC is hereby amended to read as follows:
20.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to the off-street parking requirements of this Zoning Code, only the
following alterations may be allowed:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations,
as provided for in Section 20.38.040(A) through (F); and
b. Additions up to a maximum often (10) percent of the existing floor area
of the structure within a ten (10) year period as provided in Section
20.38.040(G).
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Zoning Code have changed the
dimensions of required parking spaces subsequent to the original construction of
the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of
this section;
b. Additions larger than those allowed under subsection (A)(1) of this
section may be allowed subject to the approval of a modification permit in
compliance with Section 20.52.050 (Modification Permits).
3. Exception for Cottage Preservation. For the purposes of eligibility as a
"cottage" for this section, the existing development prior to the addition shall
consist of either a residential single -unit dwelling, duplex, or triplex, with individual
unit sizes of 1,500 square feet or less, and does not exceed one story and sixteen
(16) feet in height on the front half of the lot, and does not exceed two stories and
twenty-four (24) feet in height on the rear half of the lot. Notwithstanding the
provisions of subsections (A)(1)(b) and (2)(b) of this section, additions of up to fifty
Ordinance No. 2022-2
Page 3 of 5
(50) percent of the existing floor area of the structure, but no more than 750 square
feet, are permitted for a cottage that complies with the following criteria:
a. The floor area of any addition, together with the floor area of the
existing structure, shall not exceed the allowed maximum floor area for the
zoning district where the property is located;
b. The addition shall comply with all applicable development standards
and use regulations of this Zoning Code;
C. The square footage of residential parking area additions identified
below shall be excluded from the allowed expansion under subsection
(A)(3), but shall be included as gross floor area;
Required Parking
Maximum Excluded Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car garage
600 square feet
d. The height of the residential structure including the cottage addition
shall not exceed the following, regardless of roof pitch:
i. Front half of lot: single story with a maximum height of sixteen
(16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four
(24) feet.
e. The residential structure shall not include a third floor deck;
f. Outside the coastal zone, dwellings within the residential
development shall not be rented for periods of less than thirty (30) days.
Refer to Section 21.38.060(A)(4)(f) for short-term lodging allowances for
developments within the coastal zone; and
g. Deed Restriction and Recordation Required. Prior to the issuance of
a building permit for a cottage preservation project, the property owner shall
record a deed restriction with the Orange County Recorder's Office, the
form and content of which is satisfactory to the City Attorney, agreeing to
Ordinance No. 2022-2
Page 4 of 5
maintain the property consistent with the limitations specified above for
cottage preservation and the restrictions on short-term lodging. The deed
restriction document shall notify future owners of the restriction. This deed
restriction shall remain in effect so long as the cottage preservation project
exists on the property.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Section 3: 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 4: The City Council finds this action is exempt from environmental
review under California Environmental Quality Act ("CEQA") pursuant to Section 21065
of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and
15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA
Guidelines"). This action is also exempt pursuant to CEQA Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. Lastly, pursuant to CEQA Guidelines
Section 15265(a)(1), local governments are exempt from the requirements of CEQA in
connection with the adoption of a Local Coastal Program. The Amendment itself does not
authorize development that would directly result in physical change to the environment.
Section 5: 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.
Section 6: 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 become effective
thirty (30) calendar days after is adoption.
Ordinance No. 2022-2
Page 5of5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of January, 2022, and adopted on the 25th day
of January, 2022, by the following vote, to -wit:
AYES: MAYOR M LDOON, MAYOR PJRQ TEM B)(OTTNCIT MEMBER -
AVERY ,
EMBERAVERY. COUNCIL MEMBER O'NEILL COUNCIL MEMBER
DIXON, COUNCIL MEMBER T)TJFFIFT T) ,
RECUSED: COUNCIL MEMBER BRENNER
KEVIN MULDO , MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:N440.10110"
CITY ATTORNEY'S OFFICE
O'� c / "_
AAWOA C. HARP, CITY ATTORNEY
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. 2022-2 was duly introduced on the 11th day of January, 2022, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 251h day of January, 2022, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of January, 2022.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-2 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: January 15, 2022
Adopted Ordinance: January 29, 2022
In witness whereof, I have hereunto subscribed my name this I 6 day of February, 2022.
k y Leilani I. Brown, MMC
n City Clerk
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City of Newport Beach, California
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