June 9, 2026
Agenda Item No. 2
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Jaime Murillo, Community Development Director - 949-644-3209, [email protected] PREPARED BY:
Benjamin M. Zdeba, Deputy City Manager - 949-644-3253, [email protected] TITLE:
Ordinance No. 2026-05: Amending Title 21 of the Newport Beach Municipal Code to Implement the Housing Element and Establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts (PA2022-0245 & PA2024-0205) ABSTRACT:
For the City Council’s consideration is the adoption of Ordinance No. 2026-5, amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts. The amendment would continue implementation of the adopted and certified 6th Cycle Housing Element and would complete the City of Newport Beach’s remaining rezoning efforts for properties located in the coastal zone. This ordinance was introduced and considered at the City Council meeting on May 26, 2026.
RECOMMENDATIONS:
Find that all potential environmental effects for the amendment have been adequately addressed in the previously certified Final Program Environmental Impact Report identified by State Clearinghouse Number 2023060699, and the City Council of the City of Newport Beach intends to use said document for the approval of the Local Coastal Program Amendment; and Waive the full reading of an Ordinance, read by title only, conduct a second reading and adopt Ordinance No. 2026-05, An Ordinance of the City Council of the City of Newport Beach, California, Approving an Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code, as Modified by the California Coastal Commission, to Establish the Housing Opportunity (HO) Overlay Coastal Zoning District (PA2022-0245 & PA2024-0205).
DISCUSSION:
On July 23, 2024, the City Council adopted Resolution No. 2024-51, amending the General Plan Land Use Element to implement the Housing Element and introduced Ordinance No. 2024-16, establishing the HO Overlay Zoning Districts in Title 20 (Planning and Zoning) of the NBMC. The City Council also adopted Resolution No. 2024-52, authorizing submittal of a Local Coastal Program Amendment (LCPA) to the California Coastal Commission (CCC) to amend the City’s Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) to establish HO Overlay Coastal Zoning Districts and development standards in the Coastal Zone to implement the Housing Element.
On August 16, 2024, the City filed the LCPA application with the CCC.
On September 24, 2024, the City Council adopted Ordinance No. 2024-16, amending Title 20 to establish the HO Overlay Zoning Districts as Section 20.28.050, partially implementing Housing Element Policy Actions 1A through 1G.
On November 19, 2024, the City Council adopted Resolution No. 2024-85 initiating amendments to Section 20.28.050 and the complementary pending Title 21 section to review and potentially adjust HO Overlay development standards, including building height limits.
On June 10, 2025, the City Council introduced Ordinance No. 2025-10, amending the HO Overlays in Title 20 and adopted Resolution No. 2025-32, authorizing submittal of a corresponding LCPA to amend Title 21. City staff coordinated with CCC staff to modify the original LCPA submittal to include these updates.
On April 17, 2026, the CCC denied the LCPA, as submitted, but approved it with seven suggested modifications.
On May 26, 2026, the City Council held a public hearing and unanimously voted to accept the suggested modifications and introduced Ordinance No. 2026-5. The City Council also adopted Resolution No. 2026-30, updating the Coastal Land Use Plan with policies that harmonize new housing opportunities with the Coastal Act.
The proposed amendment would establish the HO Overlay Coastal Zoning Districts as Section 21.28.080 (Housing Opportunity [HO] Overlay Coastal Zoning Districts) in Title 21 of the NBMC and would complete the City’s remaining rezoning efforts identified in Housing Element Policy Actions 1A through 1G for properties located in the coastal zone. If the ordinance is adopted, the LCPA will be sent to the CCC for final acceptance. Once accepted by the CCC, Ordinance No. 2026-5 will become effective.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find that all potential environmental effects for the amendment have been adequately addressed in the previously certified Final Program Environmental Impact Report (EIR) identified by State Clearinghouse Number 2023060699, and the City intends to use said document for the approval of the amendment. Copies of the previously prepared environmental document are available for public review and inspection at the Planning Division or at the City’s website here: Housing Implementation Program EIR (PA2022-0245) NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A – Ordinance No. 2026-05
Ordinance No. 2026-05: Amending Title 21 of the Newport Beach Municipal Code to Implement the Housing Element and Establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts (PA2022-0245 & PA2024-0205) June 9, 2026
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