Attachment F
Ordinance No. 2025-10
ORDINANCE NO. 2025- 10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 20. 28. 050 ( HOUSING OPPORTUNITY ( HO)
OVERLAY ZONING DISTRICTS) IN TITLE 20 ( PLANNING
AND ZONING) OF THE NEWPORT BEACH MUNICIPAL
CODE RELATED TO IMPLEMENTATION OF THE
HOUSING ELEMENT ( PA2024- 0205)
WHEREAS, Section 200 of the City of Newport Beach (" City") Charter vests the City Councilwith the authorityto makeand enforceall laws, rules, and regulationswith 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_ grantedor prescribedby 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 Council adopted Resolution Nos. 2024-52 and 2024-58 on July 23, 2024, authorizing submittal of the Local Coastal Program Amendment ("LCPA") to the California Coastal Commission (" CCC") amending the City's Coastal Land Use Plan and Title 21 ( Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (" NBMC") to establish the Housing Opportunity ( HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties locatedwithinthe CoastalZone and initiatinga narrowlyfocusedamendmentto the 6tn Cycle Housing Element (" Housing Element") to remove reference to Charter Section 423 to implement the Housing Element;
WHEREAS, the City filed the LCPA application with the CCC on August 16, 2024, and received a letter from CCC staff on January 7, 2025, confirming the City' s application is complete and pending a hearing date;
WHEREAS, the City Council adopted Ordinance Nos. 2024-16 and 2024-17 on September 24, 2024, adding Section 20.28. 050 ( Housing Opportunity ( HO) Overlay Zoning Districts) and Section 20.48.185 (Multi -Unit Objective Design Standards) to the NBMC establishing Housing Opportunity Overlay Zoning Districts and creating multi -unit objective design standards respectively;
Ordinance No. 2025- 10
WHEREAS, the new sections implement Policy Actions 1A through 1G and 3A of the Housing Element;
WHEREAS, Section 20. 28. 050 of the NBMC allows for new housing opportunities within five focus areas consisting of the Airport Area Environs Area ( HO- 1), West Newport Mesa Area ( HO- 2), Dover- Westcliff Area ( HO- 3), Newport Center Area ( HO- 4), and Coyote Canyon Area ( HO- 5) (" Focus Areas") that correspond with the Focus Areas in the Housing Element to ensure that the City accommodates its Housing Element Regional Housing Needs Assessment allocation;
WHEREAS, properties identified within the Focus Areas are eligible for specified development standards conducive to residential development at the prescribed average densityof 20 to 60 dwellingunits per acrethat include, but are not limited, to minimum lot area, setbacks, height, open space, landscaping, and parking; WHEREAS, the City Council adopted Resolution No. 2024-85 on November 19, 2024, initiating amendments to Section 20.28.050 ( Housing Opportunity ( HO) Overlay Zoning Districts) and the pendingamendmentsto Section21.28.070 of the NBMCto adjust certain development standards, including but not limited to, building height limits-, WHEREAS, an amendment to Table 2- 16 in Section 20.28. 050 and pending Table 21.28- 1 in Section 21.28.070 of the NBMC are necessary to adjust the height limitations of certain properties within the Newport Center Area (HO-4) to accommodate potentialresidentialdevelopmentwith the intendedprescribeddensity range, and to identifya certainnumberof unitsbeingallocatedfromthe respectivedevelopmentlimits for a selected group of City -owned properties located within Airport Area Environs Area HO- 1) and Newport Center Area ( HO- 4) (" Amendment"); WHEREAS, a public hearing was held by the Planning Commission on January 23, 2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach, California to consider the Amendment. A notice of time, place and purpose of the public hearing was given in accordancewith California GovernmentCode Section 54950 et seq.
Ralph M. Brown Act") 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; Ordinance No. 2025- 10
WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution No. PC2025-004 by a unanimous vote of ( 5 ayes and 1 recusal) recommendingthe City Councilapprovethe Amendmentincludingthe additionof Site ID Nos. 146 and 147 with a maximum height limit of 50 feet for flat roofs and 55 feet for sloped roofs and Site ID No. 141 with a maximum height limit of 48 feet; WHEREAS, California Public Utilities Code (" CPUC") Section 21676( b) requires the City to referthe Amendmentto the OrangeCountyAirport Land Use Commission ALUC") to review for consistency with the 2008 John Wayne Airport Environs Land Use Plan (" AELUP");
WHEREAS, on February 20, 2025, the ALUC conducted a public hearing on the Amendment and continued the hearing to its March 20, 2025, meeting by a unanimous vote ( 5 ayes, 0 nays);
WHEREAS, at the continued hearing on March 20, 2025, the ALUC determined the Amendment is inconsistent with the AELUP ( 5 ayes, 1 nay); WHEREAS, the City Council unanimously adopted Resolution No. 2025-13 on April 15, 2025, pursuantto Sections21670and 21676of the CPUC, notifyingthe ALUC and State Department of Transportation Aeronautics Program of the City' s intent to override ALUC' s inconsistency finding; and
WHEREAS, a public hearing was held on June 10, 2025, by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Amendment. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, CPUC Section 21676( b), 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 City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows..
Section 1: The City Council finds the Amendment is a legislative act. Neither Title 20 nor California Government Code Section 65000 et seq., sets forth any required findings for either approval or denial of the Amendment.
Ordinance No. 2025- 10
Section 2: Notwithstanding the above, the City Council does hereby make the findings set forth in Exhibit " A," and the amendment to Title 20 ( Planning and Zoning) of the NBMC, as set forth in Exhibit " B," both of which are attached hereto and incorporated herein by reference.
Section 3: The City Council finds all potentialenvironmentaleffects for the Amendment have been adequately addressed in the previously certified Final Program Environmental Impact Report ( PEIR) ( SCH No. 2023060699) which was done 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) related to the implementation of the 6t" Cycle Housing Element Implementation involving amendments to the General Plan, Coastal Land Use Plan, Title 20 (Planning and Zoning) and Title 21 Local Coastal Program Implementation Plan) of the NBMC. Furthermore, the Amendment does not constitute substantial changes to the circumstances under which the projectshallbeundertakenthatwouldresultin newor moresevereenvironmental impactsthan previouslyaddressedin the PEIR, nor has any new informationregarding the potentialfor newor moreseveresignificantenvironmentalimpactsbeenidentified as detailed in the CEQA Consistency Memorandum, which is attached hereto as Exhibit C" and incorporatedby reference. Therefore, in accordancewith Section21166of the California Public Resources Code and Section 15162 of the CEQA Guidelines, no additional environmental review is required to adopt the Amendment.
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 ordinanceisfor any reasonheldto be invalidor unconstitutional, suchdecisionshall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Councilherebydeclaresthat it wouldhavepassedthis ordinanceandeachsection, 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 Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect.
Ordinance No. 2025- 10
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 be effective 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 10th day of June, 2025, and adopted on the 24th day of June, 2025, by the following vote, to -wit:
AYES: Mayor Stapleton, Mayor Pro Tern Kleiman Councilmember Barto Councilmember Blom, Councilmember Grant Councilmember
Weber, Councilmember Weigand
NAYS: None
CA A
Joe
Stl
eton, Mayor
NE
ATTEST: 16
VAL." i
ly Perry, Int im City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY' S OFFICE
4 O'
C2' ff
A ron C. Harp, City Attorney
Attachment( s): Exhibit " A" — Findings for Approval
Exhibit " B" — Amendment to Chapter 20.28 (Overlay Zoning Districts ( MHP, PM, B, H) of Title 20 ( Planning And
Zoning)
Exhibit " C" — CEQA Consistency Memorandum
EXHIBIT " A"
Findings for Approval
General Findi
An amendment to Title 20 ( Planning and Zoning) of the NBMC is a legislative act. Neither Title 20 itself nor California Government Code Section 65000 et seq., sets forth any required findings for approval of such amendments.
Findings and Facts in Support of Finding:
1. Title 20 ( Planning and Zoning) of the NBMC serves as the City' s Zoning Code, which is a tool to ensure consistency with and implementation of the General Plan. It is necessarytoamendand updateTitle 20 fromtime to timeto ensurethe policiesset forthby theGeneralPlan are implementedeffectively. 2.
The Amendmentspecific to Title20 ( Planningand Zoning) of theNBMC, which is attached hereto as Exhibit "B" andincorporatedherein by referencewill furtherenable the implementationof theHousingElement' s keyobjective, which is to accommodate the developmentof housingto fulfillCity' s obligationto meetregional housing demands. Specifically, the Amendmentwill allow increasedheight limitationsfor certainpropertieswithin HO- 4 to accommodateresidential developments within the intendedprescribeddensity range while furtheringthe longstanding vision for developmentin NewportCenter, as notedin GeneralPlan Land Use ElementPolicy 6. 14.4 ( DevelopmentScale). Increased heights will accommodate density on smallersites and/ or fewersites and will increasewalkability for residentsand activatethe urbancore of NewportCenter to createa truemixed -use communitywhile decreasingdevelopment footprints and encouraging increased open spaceand viewsthroughdevelopments. 3.
The Amendmentwill also allocatea portionof thedevelopmentlimits in HO-1 and HO- 4 toCity -ownedsites wherethere is a potentialfor redevelopmentwith housing projects within the HousingElement' s planningperiod.
EXHIBIT " B"
Amendment to Chapter 20.28 ( Overlay Zoning Districts
MHP, PM, B, H) of Title 20 ( Planning And Zoning)
Table 2- 16 of Section 20. 28. 50 ( Housing Opportunity ( HO) Overlay Zoning Districts) of Chapter 20.28 of the Newport Beach Municipal Code would be amended as follows, currentlyshownin redline -strikeoutformatfor easeof referenceonly:
TABLE 2- 16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Development Feature
Housing Opportunity Subareas
HO- 1 HO- 2 HO- 3 HO- 4 HO- 5 HO- 6
Development Limit
units) M
2, 57701) 1, 107 521 2, 439( 12) 1, 530 N/ A
Lot Size/ Dimension Per Base Zone
Lot area required per unit
sq. ft. )(21
Minimum: 2, 178 ( 20
du/ ac)
Maximum: 871 ( 50
du/ ac)
Minimum:
2, 178 ( 20 du/ ac)
Maximum:
871 ( 50 du/ ac)
Minimum:
2, 178 ( 20
du/ ac)
Maximum:
726 ( 60
du/ ac)(")
All
Standards
Per Base
Zone
Setbacks
Front 0 ft.( 3) 10 ft.( 3) 10 ft.( 3)(4) 0(3) 10 ft.( 3) Rear 0 20 ft. 20 ft. 0 20 ft.
Side 0(4)
Street Side ON 10 ft.( 3) 10 ft.( 3) 0 ft.( 3) 10 ft.( 3) Height Per Base Zone unless
otherwise identified
on the map
65 ft. 65 ft.( 6) Per Base Zone
unless
otherwise
65 ft.
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( 9) 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).
TABLE 2- 16
DEVELOPMENT STANDARDS FOR HOUSING OPPORTUNITY OVERLAY ZONES Housing Opportunity Subareas
Development Feature HO- 1 HO- 2 I HO-3 HO- 4 HO- 5 HO- 6 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) of this section 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 or the General Plan. These limits shall not include density bonus units or units that are either identified as pipeline units in the 6th Cycle Housing Element (Table B-2) or units that were applied for and predate the effective date of the HO Overlay Zoning Districts. Furthermore, eligible units are only countedagainstthe developmentlimitswhen they are eitherentitledor are issued a building permit if allowed by right. However, 25% of the development limit within each HO Overlay ZoningDistrictthat includespropertieswithinthe CoastalZoneshallbe reserveduntilsucha time as the City's Local Coastal Program has been amendedto allow for housing consistentwith 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 portionof the buildingthat is over20 feet in heightshall be setbacka minimum20 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 purposesof this section, commonand privateopenspacein HO-1 may includeenclosedshared 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 densityis intendedfor the formerCoyoteCanyonLandfillsite only. The SageHill Schoolsite is limited to a maximum of 20 dwelling units.
11) Of the 2,577 base development units 179 units shall be allocated to Site ID No. 77 ( 1201 Dove Street) from the 61hCycle Housing Element Sites Inventory. 12) Of the 2, 439 base development units for HO- 4, 152 units shall be allocated to Site ID No. 362 ( 868 and 870 Santa Barbara Drive) from the 61hCycle Housing Element Sites Inventory.
The following map is updated in Section 20.80.025 (Housing Opportunity Overlay District maps) of Chapter 20. 80 ( Maps) of the NBMC:
EXHIBIT " C"
CEQA Consistency Memorandum
Available separately due to bulk at:
https:// newportbeachca gov/ home/ showdocument? id= 76683& t= 638833463869042483 STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim 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. 2025-10 was duly introduced on the 10th day of June, 2025, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 24nd day of June, 2025, and that the same was so passed and adopted by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Tern Lauren Kleiman, Councilmember Michelle Barto, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of June, 2025.
44L(-,. L
Molly Perry
Interim City Clerk)
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2025-10 has been duly and regularly published according to law and the order of the City Council of said City and that sarne was so published in the Daily Pilot, a newspaper of general circulation on the following dates:
Introduced Ordinance: June 10, 2025
Adopted Ordinance: June 24, 2025
In witness whereof, I have hereunto subscribed n
City of Newport Beach, California