Chapter 20.52 — PERMIT REVIEW PROCEDURES

A. Permit Review Procedures. This chapter provides procedures for the review and approval or denial of permit(s) and other applications established by this Zoning Code.

B. Subdivision Review Procedures. Procedures and standards for the review and approval of
subdivision maps are found in Title 19 (Subdivisions).

C. Application Filing and Initial Processing. Where applicable, the procedures of this chapter
are carried out after those described in Chapter 20.50 (Permit Application Filing and
Processing) for each application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Purpose. An affordable housing implementation plan (AHIP) provides a process to review and grant density bonuses, concessions, incentives, and development standard waivers in compliance with California Government Code Section 65915 et seq., and Chapter 20.32.

B. Applicability. An affordable housing implementation plan shall be required for any
application which proposes a density bonus, concession, incentive, or waiver of
development standard pursuant to Chapter 20.32.

C. Application Contents.

1. A legal description of the project site where the target dwelling units will be located
including a statement of present ownership and present and proposed zoning.

2. A letter signed by the present owner stating what specific density bonus, incentives
or concessions, waivers or modifications in development standards are being
requested from the City and if reduced parking pursuant to Section 20.32.060 is being
requested.

3. A detailed vicinity map showing the project location and such details as the location
of the nearest commercial retail, transit stop, potential employment locations, park or
recreation facilities or other social or community service facilities.

4. Site plans, floor plans, and building elevations, which shall designate the total number
of units proposed on the site, including the number and location of target dwelling
units and density bonus dwelling units, and supporting plans per the application
submittal requirements.

5. If the project site contains existing dwelling units, a description of the existing
dwelling units. This shall include the number of units, whether owner-occupied or
rentals, the number of bedrooms in each of the units, and evidence to household
income of occupants for the previous five years.

6. In the case of a request for any incentive or concession, evidence that the request will
result in identifiable and actual cost reductions.

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City of Newport Beach, CA § 20.52.015 NEWPORT BEACH CODE § 20.52.020

7. In the case of a request for a waiver or reduction of development standards, evidence
that the development standard being waived or reduced will have the effect of
physically precluding the construction of the development at the densities proposed.

D. Application Filing, Processing, and Review. An application for an affordable housing implementation plan shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified in subsection (C) of this section, together with the required fee in compliance with the City’s fee schedule adopted by resolution.

E. Project Review and Notice and Hearing Requirements. Notice of the public hearing shall
be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public
Hearings).

F. Findings. The review authority shall approve an affordable housing implementation plan,
unless at least one finding for denial is made pursuant to Section 20.32.070(A),
20.32.080(A), or 20.32.090(A).

G. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this title (Zoning Code Administration), shall apply following the decision on a
affordable housing implementation plan application.
(Ord. 2022-18 § 1 (Exh. A), 2022; Ord. 2023-22 § 927, 2023)

A. Purpose. A conditional use permit or minor use permit provides a process for reviewing uses and associated operational characteristics that may be appropriate in the applicable zoning district, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site.

B. Applicability. A conditional use permit or a minor use permit is required to allow certain
uses in residential and nonresidential zoning districts identified by Part 2 of this title
(Zoning Districts, Allowable Land Uses, and Zoning District Standards). Also see Section

C. Review Authority and Related Procedures.

1. Conditional Use Permits. Conditional use permits shall be approved, conditionally
approved, or denied by the Commission or by the Hearing Officer as provided in
Table 5-1.

2. Minor Use Permits. Minor use permits shall be approved, conditionally approved, or
denied by the Zoning Administrator. The Zoning Administrator may elect to refer any
minor use permit application to the Commission for consideration and final action.

D. Application Filing, Processing, and Review. An application for a conditional use permit or
minor use permit shall be filed and processed in compliance with Chapter 20.50 (Permit
Application Filing and Processing). The application shall include all of the information and
materials specified by the Director, together with the required fee in compliance with the
City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide
evidence in support of the findings required by subsection (F) of this section (Findings and

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City of Newport Beach, CA § 20.52.020 PLANNING AND ZONING § 20.52.030

Decision).

E. Project Review and Notice and Hearing Requirements. Each application shall be reviewed
by the Director to ensure that the proposal complies with all applicable requirements of this
Zoning Code.

1. Conditional Use Permits. The Commission or Hearing Officer shall conduct a public
hearing on an application for a conditional use permit before a decision on the
application.

2. Minor Use Permits. The Zoning Administrator shall conduct a public hearing on an
application for a minor use permit before a decision on the application.

3. Notice and Hearing Requirements. Notice of the hearing shall be provided, and the
hearing shall be conducted, in compliance with Chapter 20.62 (Public Hearings).

F. Findings and Decision. The review authority may approve or conditionally approve a
conditional use permit or minor use permit only after first finding all of the following:

1. The use is consistent with the General Plan and any applicable specific plan;

2. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;

3. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity;

4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. G. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a conditional use permit or minor use permit application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Purpose. The purpose of this section is as follows:

1. To promote the public health, safety, and welfare and to implement the goals and
policies of the General Plan by ensuring that conditional uses in residential
neighborhoods do not change the character of the neighborhoods as primarily
residential communities.

2. To protect and implement the recovery and residential integration of the disabled,
including those receiving treatment and counseling in connection with dependency
recovery. In doing so, the City seeks to avoid the over-concentration of residential

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City of Newport Beach, CA § 20.52.030 NEWPORT BEACH CODE § 20.52.030

care facilities so that these facilities are reasonably dispersed throughout the
community and are not congregated or over-concentrated in any particular area so as
to institutionalize that area.

B. Applicability. A conditional use permit is required to authorize uses identified by Part 2 of
this title (Zoning Districts, Allowable Land Uses, and Zoning District Standards) as being
allowable in the applicable residential zoning district or in an area where residential uses
are provided for in Planned Community Districts or specific plan districts subject to the
approval of a conditional use permit.

C. Conditional Use Permits to Continue a Nonconforming Use.

1. Any person whose use of property in a residential zoning district has been rendered
nonconforming may seek the issuance of a conditional use permit, in compliance with
this section, to continue the use so long as the application for that permit is completed
and filed within ninety (90) days following May 21, 2008.

2. If any person fails to file an application for a conditional use permit within the ninety
(90) day period, the permit to continue the use may not be sought or issued.

D. Application Contents. In addition to the application requirements contained in Chapter

A. Purpose. The purpose of this section is to consider applicant requests for uses of limited duration (e.g., interim, nonpermanent, and/or seasonal in nature) that would be compatible with adjacent and surrounding uses when conducted in compliance with this section.

B. Applicability.

1. Limited Duration Uses. A limited term permit allows limited duration uses that might
not meet the development or use standards of the applicable zoning district, but may
otherwise be acceptable because of their temporary or limited nature.

2. Limited Term Permit Required. Limited duration uses shall not be conducted,
established, or operated in any manner without the approval and maintenance of a
valid limited term permit in compliance with this section.

C. Exempt Limited Duration Uses. The following limited duration uses are exempt from the
requirement for a limited term permit. Uses that do not fall within the categories defined
below shall comply with subsection (D) of this section (Allowed Limited Duration Uses).

1. Construction Yards—On Site.

a. On-site contractors’ construction yard(s), including temporary storage and
office trailers, in conjunction with an approved construction project on the same
lot.

b. One adult caretaker may be present during nonconstruction hours for security
purposes.

c. The construction yard shall be removed immediately upon completion of the
construction project, or the expiration of the building permit.

2. Emergency Facilities. Emergency public health and safety needs/land use activities,

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City of Newport Beach, CA § 20.52.040 PLANNING AND ZONING § 20.52.040

as determined by the Council or authorized by Title 5.

3. Personal Property (e.g., Garage and/or Yard) Sales on Private Property. Personal
property sales conducted on private property when conducted in compliance with
Section 20.48.150 (Personal property sales in residential districts).

4. Special Events. Special events, as that term may be defined in Section 11.03.020
(General provisions), but only upon the issuance of a special event permit.

D. Allowed Limited Duration Uses. The following limited duration uses are allowed, subject
to the issuance of a limited term permit, and only when conducted in compliance with
subsection (H) of this section (Conditions of Approval).

1. Contractors’ Construction Yards—Off Site. Off-site contractors’ construction yard(s), in conjunction with an approved construction project. The permit may be effective for up to twelve (12) months, or the expiration of the building permit. 2. Off-Site Parking for Marine Activities. Off-site parking for uses requiring a marine activities permit in compliance with Chapter 17.10 for the duration of the permit or for not more than twelve (12) months, whichever is less. 3. Seasonal Sales. Seasonal sales including holiday boutiques, Halloween pumpkin sales and Christmas tree sale lots only by businesses holding a valid business license; provided, the activity may only be held from October 1st through October 31st of the same year for the Halloween pumpkin sales, and from the day after Thanksgiving through December 26th for Christmas tree sales. 4. Limited Duration Sales and/or Work Trailers. A trailer or mobile home may be used for limited duration sales activities (e.g., model home sales, etc.) or as a limited duration work site for employees of a business. a. A trailer or mobile home may be used: i. During construction or remodeling of a permanent commercial, industrial, and mixed-use structure, when a valid building permit is in force; or ii. Upon demonstration by the applicant that the limited duration work site is a necessity, while a permanent work site is being obtained. b. A permit for limited duration trailer(s) may be granted for up to twelve (12) months and may be extended for a longer period in conjunction with a valid building permit. 5. Limited Duration Structures. A limited duration classroom, office, or similar portable structure, including a manufactured or mobile unit, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed-use zoning districts. 6. Limited Duration Use of a Vacant Lot. The limited duration use of a vacant lot with nonpermanent structural improvements, for a use typically allowed subject to the approval of a conditional use permit or minor use permit, may be approved for a maximum time period of twelve (12) months in the commercial, industrial, and mixed-use zoning districts.

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City of Newport Beach, CA § 20.52.040 NEWPORT BEACH CODE § 20.52.040

7. Other Similar Limited Duration Uses. Similar limited duration uses that, in the opinion of the Director, are compatible with the subject zoning district and surrounding uses. 8. Telecommunications Facilities. A temporary telecommunications facility may be approved consistent with Chapter 20.49 for up to twelve (12) months. Extensions of time shall be consistent with Section 20.52.040(J).

   E. Application Filing, Processing, and Review.

   1. Filing. An application for a limited term permit shall be filed with the Department in
   the following manner:

   a. Application Required. Applications for a limited term permit shall be filed and
   processed in compliance with Chapter 20.50 (Permit Application Filing and
   Processing).

   b. Application Before Operation. A complete application shall be filed with the
   Department at least thirty (30) days before the date that the proposed limited
   duration use is scheduled to take place.

   c. No Similar Activities for Thirty (30) Days. The same or very similar limited
   duration use shall not be allowed to operate on the same lot for at least thirty
   (30) days following termination of the previous use.

   d. Not within One Hundred Eighty (180) Days. Applications shall not be filed or
   accepted if final action has been taken within the previous one hundred eighty
   (180) days by the Zoning Administrator to deny an application for the same or
   substantially the same permit.

   2. Contents. The application shall include all of the information and materials specified
   by the Director, together with the required fee in compliance with the City’s fee
   schedule adopted by resolution.

   3. Evidence. It is the responsibility of the applicant to establish evidence in support of
   the findings required by subsection (G) of this section (Findings and Decision).

   4. Project Review Procedures. Following receipt of a completed application, the
   Director shall review the facts bearing on the case to provide the information
   necessary for action consistent with the purpose of this section.

   5. Public Hearing Requirements.

   a. Up to Ninety (90) Days.

   i. A public hearing shall not be required for a limited term permit application
   for a limited duration use that is proposed to operate for up to ninety (90)
   days.

ii. However, the Director may, based on the specifics of the case, determine that a public hearing be required before a decision on an application. If required, the notice shall be provided and the hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

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City of Newport Beach, CA § 20.52.040 PLANNING AND ZONING § 20.52.040

b. Ninety (90) Days or More.

i. A public hearing shall be required for a limited term permit application for
a limited duration use that is proposed to operate for ninety (90) days or
more.

ii. Notice of the hearing shall be provided and the hearing shall be conducted
in compliance with Chapter 20.62 (Public Hearings).

F. Review Authority.

1. Limited term permits may be approved, conditionally approved, or denied by the
Zoning Administrator, in compliance with this section.

2. The Zoning Administrator may instead refer the application for a limited term permit
to the Commission for consideration and final action when, in the Zoning
Administrator’s judgment, there may be public interest, controversy, or issues
requiring a public forum due to the nature of the request.

3. If referred to the Commission, the Commission shall conduct a public hearing on the
application. Notice of the hearing shall be given and the hearing shall be conducted in
compliance with Chapter 20.62 (Public Hearings).

G. Findings and Decision. The Zoning Administrator (or the Commission on a referral or
appeal) may approve or conditionally approve a limited term permit application, only after
first finding all of the following:

1. The operation of the requested limited duration use at the location proposed and
within the time period specified would not be detrimental to the harmonious and
orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard
to the public convenience, health, interest, safety, or general welfare of persons
residing or working in the neighborhood of the requested limited duration use;

2. The subject lot is adequate in size and shape to accommodate the limited duration use
without material detriment to the use and enjoyment of other properties located
adjacent to and in the vicinity of the lot;

3. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; 4. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on-site or at alternate locations acceptable to the Zoning Administrator; and 5. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations. H. Conditions of Approval. In approving a limited term permit application, the review authority may impose conditions that are deemed necessary to ensure that the permit would be in full compliance with the findings required by subsection (G) of this section (Findings and Decision). These conditions may address any pertinent factors affecting the operation of the limited duration use, and may include the following:

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City of Newport Beach, CA § 20.52.040 NEWPORT BEACH CODE § 20.52.040

1. Fixed Period of Time. Unless otherwise stated in the permit, a provision for a fixed
period of time not to exceed thirty (30) days for a limited duration use not occupying
a structure, including promotional activities, or twelve (12) months for all other
limited duration uses or structures, or for a shorter period of time as requested by the
applicant and determined appropriate by the Zoning Administrator;

2. Operating Hours and Days. Regulation of operating hours and days;

3. Temporary Pedestrian and Vehicular Circulation. Provision for adequate temporary
pedestrian and vehicular circulation, parking facilities (including vehicular ingress
and egress), and public transportation, if applicable;

4. Regulation of Nuisance Factors. Regulation of nuisance factors including prevention
of glare or direct illumination on adjacent lots, dirt, dust, erosion, gases, heat, noise,
odors, smoke, soil contamination, trash, and vibration;

5. Regulation of Temporary Structures. Regulation of temporary structures and
facilities, including placement, height and size, location of equipment and open
spaces, including buffer areas and other yards;

6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as
appropriate;

7. Waste Collection, Recycling, and/or Disposal. Provision for solid, hazardous, and
toxic waste collection, recycling, and/or disposal;

8. Police/Security and Safety Measures. Provision for police/security and safety measures, as appropriate; 9. Signs. Regulation of signs in compliance with Chapter 20.42 (Sign Standards); 10. Performance Bond or Other Security. Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the cessation of the use and that the property would be restored to its former condition, or better, as determined by the Director, to ensure that any changes to the site would not limit the range of possible future uses otherwise allowed by this Zoning Code; 11. Compliance With Applicable Provisions. A requirement that the approval of the requested limited term permit is contingent upon compliance with applicable provisions of this Code and the successful granting of all required permits from any other department or governing agency; and 12. Other Conditions. Other conditions that would ensure the operation of the limited duration use in an orderly and efficient manner, and in full compliance with the purpose of this section.

   I. Condition of Site Following Limited Duration Use. Each site occupied by a limited duration use shall be cleaned of debris, litter, or any other evidence of the limited duration use upon completion or removal of the use, and shall continue to be used in compliance with this Zoning Code.

   J. Extension of Limited Term Permit. The Zoning Administrator may extend the time limit

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City of Newport Beach, CA § 20.52.040 PLANNING AND ZONING § 20.52.050

for the limited term permit, upon request of the applicant and for good cause shown, up to a maximum time equal to the original approval, but not to exceed twelve (12) additional months, with a maximum of twenty-four (24) months total, in compliance with Section

K. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a limited term permit application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2014-1 § 11, 2014; Ord. 2023-22 § 928, 2023)

A. Purpose. The purpose of this section is to provide relief from specified development standards of this Zoning Code when so doing is consistent with the purposes of this Code and the General Plan, and does not negatively impact the community at large or in the neighborhood of the specified development.

B. Review Authority and Allowable Modifications. The Zoning Administrator or Planning
Commission, as appropriate, shall approve, conditionally approve, or deny applications for
modification permits applicable only to the following, subject to the findings identified in
subsection (E) of this section (Required Findings):

1. Height modifications from exceptions identified in Part 3 of this title (Site Planning
and Development Standards). The following modifications are limited to not more
than a ten (10) percent deviation from the standard being modified.

a. Chimneys, rooftop architectural features, and vents in excess of the exception to
the allowed height limits identified in Part 3 of this title (Site Planning and
Development Standards);

b. Flag poles in excess of the exception to the allowed height limits; and

c. Heights of fences, hedges, or walls (except retaining walls).

2. Setback Modifications. The following modifications are limited to not more than a
ten (10) percent deviation from the standard being modified.

a. Encroachments in front, side, or rear setback areas while still maintaining the
minimum clearances required by Section 20.30.110 (Setback Regulations and
Exceptions). Exceptions include the following:

i. Modifications shall not be allowed for encroachments into alley setbacks;
and

ii. Modifications shall not be allowed for encroachments into bluff setback
areas.

b. Structural appurtenances or projections that encroach into front, side, or rear
setback areas.

3. Other Modifications. Except as otherwise provided, the following modifications are
not limited in the amount of deviation from the standard being modified:

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City of Newport Beach, CA § 20.52.050 NEWPORT BEACH CODE § 20.52.050

a. Distances between structures located on the same lot;

b. Landscaping standards in compliance with Chapter 20.36 (Landscaping
Standards);

c. Maximum allowed roof area for roofmounted equipment that exceeds the allowed height limits identified in Part 3 (Site Planning and Development Standards);

d. Size or location of parking spaces, access to parking spaces, and landscaping
within parking areas;

e. Increase in allowed floor area of additions for uses that have nonconforming
parking;

f. Increase in allowed height, number, and area of signs;

g. Increase in the allowed height of retaining walls; and

h. Increase in allowed floor area of additions for nonconforming residential
structures as identified in Section 20.38.040 (Nonconforming Structures).

C. Application Filing and Fees. An application for a modification permit shall be filed and
processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).
The application shall include the information and materials specified by the Director,
together with the required fee in compliance with the City’s fee schedule adopted by
resolution. It is the responsibility of the applicant to provide evidence in support of the
findings required by subsection (E) of this section (Required Findings).

D. Notice and Hearing Requirements. Notice of the public hearing shall be provided and the
hearing shall be conducted in compliance with Chapter 20.62 (Public Hearings).

E. Required Findings. The Zoning Administrator may approve or conditionally approve a
modification permit if, on the basis of the application, materials, plans, and testimony
(orally and/or in writing) submitted, the Zoning Administrator first finds all of the
following:

1. The requested modification will be compatible with existing development in the
neighborhood;

2. The granting of the modification is necessary due to the unique physical
characteristic(s) of the property and/or structure, and/or characteristics of the use;

3. The granting of the modification is necessary due to practical difficulties associated
with the property and that the strict application of the Zoning Code results in physical
hardships that are inconsistent with the purpose and intent of the Zoning Code;

4. There are no alternatives to the modification permit that could provide similar
benefits to the applicant with less potential detriment to surrounding owners and
occupants, the neighborhood, or to the general public; and

5. The granting of the modification would not be detrimental to public health, safety, or
welfare, to the occupants of the property, nearby properties, the neighborhood, or the
City, or result in a change in density or intensity that would be inconsistent with the

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City of Newport Beach, CA § 20.52.050 PLANNING AND ZONING § 20.52.060

provisions of this Zoning Code.

F. Duties of the Zoning Administrator.

1. Review.

a. The Zoning Administrator shall review each application to ensure that the
proposal is consistent with the purpose and intent of this Zoning Code, this
section, all applicable regulations and policies, and sound planning practices.

b. The Zoning Administrator shall refer each application to the Building
Department and Public Works Department, and to other City departments as
determined to be appropriate by the Zoning Administrator.

c. Each department shall submit written recommendations to the Zoning
Administrator in a timely manner.

2. Rendering of Decision. After the conclusion of the hearing on an application for a
modification permit, the Zoning Administrator shall render a written decision within
fifteen (15) days, unless both the applicant and the Zoning Administrator consent to a
later date.

3. Referral to Commission.

a. The Zoning Administrator may refer a modification permit application to the
Commission for consideration and final action.

b. The procedure for notice and hearings held by the Commission on referred
applications shall be in compliance with the same provisions as identified in this
section and as specified in Chapter 20.62 (Public Hearings).

G. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a
modification permit application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-3 §§ 2, 3, 2015)

A. Purpose. The purpose of this section is to provide a process for approving a planned development permit that is intended to:

1. Ensure efficient use of land and a better living environment. Provide a method
whereby land may be designed and developed as a unified site by taking advantage of
efficient site planning techniques thereby resulting in a more efficient use of land, a
better living environment, excellence of design, and related enhanced amenities than
is otherwise possible through strict application of the development standards
identified in Part 2 of this title (Zoning Districts, Allowable Land Uses, and Zoning
District Standards);

2. Ensure high standards of environmental quality. Ensure development that meets high
standards of environmental quality, public health and safety, the efficient use of the
City’s resources, and the purpose, intent, goals, policies, actions, and land use

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City of Newport Beach, CA § 20.52.060 NEWPORT BEACH CODE § 20.52.060

designations of the General Plan, and any applicable specific plan; and

3. Provide for enhanced amenities. Incorporate a program of enhanced amenities (e.g.,
enhanced landscaping, additional and enhanced open space, improvements to an
existing public facility (e.g., park or trail, etc.)) than typically required by this Zoning
Code.

B. Applicability.

1. Allowed in All Zoning Districts. A planned development permit may be requested for
any zoning district.

2. Minimum Site Area. A planned development permit may only be requested for a
site(s) with a minimum of one acre.

3. Uses Only Allowed in Base Zoning District. A planned development permit may not
authorize a use that is not allowed in the base zoning district.

4. Adjustment of Standards.

a. The permit may adjust, where necessary and justifiable, all applicable
development standards identified in this Zoning Code, with the exception of an
increase in the applicable density or intensity. Height adjustments shall be
limited to those identified in Section 20.30.060 (Height Limits and Exceptions).

b. Residential projects with increased density or intensity standards may only be
approved in compliance with Chapter 20.32 (Density Bonus).

5. Site Development Review Not Required. A site development review shall not be
required with a planned development permit application.

C. Application Filing, Processing, and Fees. An application for a planned development permit shall be filed and processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). The application shall include all of the information and materials specified by the Director, together with the required fee in compliance with the City’s fee schedule adopted by resolution. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision).

D. Review Authority. The Commission may approve, conditionally approve, or deny the
planned development permit application, based upon the findings contained in subsection
(F) of this section (Findings and Decision).

E. Project Review, Notice, and Hearing.

1. Application Consistent with the Purpose of Section. Each planned development
permit application shall be reviewed by the Director to ensure that the application is
consistent with the purpose and intent of this section.

2. Public Notice and Hearing Provisions.

a. Notice of hearing shall be provided and the hearing shall be conducted in
compliance with Chapter 20.62 (Public Hearings).

b. A public hearing shall be required for the Commission’s action on a planned

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City of Newport Beach, CA § 20.52.060 PLANNING AND ZONING § 20.52.060

development permit application.

F. Findings and Decision. The Commission may approve or conditionally approve a planned
development permit application only after first finding all of the following:

1. The proposed development would:

a. Include only uses allowed within the base zoning district;

b. Be substantially consistent with the purpose, intent, goals, policies, actions, and
land use designations of the General Plan, and any applicable specific plan;

c. Be substantially consistent with the purpose and intent of the base zoning
district;

d. Include sustainable improvement standards and protection of environmental
resources; and

e. Be compatible with other development within the zoning district and general
neighborhood of the proposed project.

2. The project would produce a development of higher quality and greater excellence of
design than that might otherwise result from using the standard development
regulations;

3. The subject site is adequate in terms of size, shape, topography, and circumstances to
accommodate the proposed development;

4. The project, as conditioned, will not have a substantial adverse effect on surrounding properties or allowed uses; 5. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, public art, recreational amenities for adults and/or children, private or separated entrances, sustainable improvement standards (e.g., energy efficient building design, construction, and operation; convenient pedestrian and bicycle circulation; water and resource conservation), etc.; and 6. The design, location, operating characteristics, and size of the project would be compatible with the existing and future uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. G. Minor Changes by Director. 1. Minor changes in the planned development permit that do not involve an increase in the number of dwelling units or intensity of other use or a change of use may be approved by the Director in compliance with Section 20.54.070 (Changes to an approved project). 2. Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority.

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City of Newport Beach, CA § 20.52.060 NEWPORT BEACH CODE § 20.52.070

H. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a
planned development permit application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Purpose. In compliance with Federal and State fair housing laws, it is the purpose of this section to provide reasonable accommodations in the City’s zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling.

B. Review Authority. The Hearing Officer, as defined in Part 7 of this title (Definitions), is
hereby designated to approve, conditionally approve, or deny applications for a reasonable
accommodation.

C. Application for Reasonable Accommodation.

1. Applicant. A request for reasonable accommodation may be made by any person with
a disability, their representative, or a developer or provider of housing for individuals
with a disability. A reasonable accommodation may be approved only for the benefit
of one or more individuals with a disability.

2. Application.

a. An application for a reasonable accommodation from a zoning regulation,
policy, or practice shall be made on forms provided by the Department.

b. A fee shall not be required for a request for reasonable accommodation, but if
the project requires another discretionary permit, then the prescribed fee shall be
paid for the other discretionary permit(s) in compliance with the City’s fee
schedule adopted by resolution.

3. Other Discretionary Permits.

a. If the project or use for which the request for reasonable accommodation is
made also requires or is related to other discretionary permits (e.g., conditional
use permit, etc.) for the same project or use, then the applicant may file the
request for reasonable accommodation together with the application for the
other discretionary permit.

b. If the applicant does not file the request for reasonable accommodation
concurrently with the application for other discretionary permits, then any
request for reasonable accommodation shall not be heard until after the decision
of the appropriate review authority for the other discretionary permits is final
and effective.

4. Required Submittals. In addition to materials required under other applicable
provisions of this Zoning Code, an application for reasonable accommodation shall
include all of the following:

a. Documentation that the applicant is:

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City of Newport Beach, CA § 20.52.070 PLANNING AND ZONING § 20.52.070

i. An individual with a disability;

ii. Applying on behalf of one or more individuals with a disability; or

iii. A developer or provider of housing for one or more individuals with a
disability.

b. The specific exception or modification to the Zoning Code provision, policy, or
practices requested by the applicant.

c. Documentation that the specific exception or modification requested by the
applicant is the minimum necessary to provide one or more individuals with a
disability an equal opportunity to use and enjoy the residence.

d. Any other information that the Director reasonably concludes is necessary to
determine whether the findings required by subsection (D)(2) of this section
(Findings and Decision) can be made, so long as any request for information
regarding the disability of the individuals benefited complies with Fair Housing
Law protections and the privacy rights of the individuals affected.

D. Decision on Reasonable Accommodation.

1. Hearing Officer Action.

a. The Hearing Officer shall issue a written determination to approve,
conditionally approve, or deny a request for reasonable accommodation, and the
associated modification or revocation in compliance with subsection (D)(2) of
this section (Findings and Decision).

b. The reasonable accommodation request shall be heard with, and subject to, the
notice, review, approval, call for review, and appeal procedures identified for
any other discretionary permit.

c. On review the Council may sustain, reverse, or modify the decision of the
Hearing Officer or remand the matter for further consideration, which remand
shall include specific issues to be considered or a direction for a de novo
hearing.

2. Findings and Decision.

a. The written decision to approve or deny a request for reasonable
accommodation shall be consistent with all the applicable Federal and State laws
and shall be based on consideration of the following findings, all of which are
required for approval:

i. The requested accommodation is requested by or on the behalf of one or
more individuals with a disability protected under the Fair Housing Laws;

ii. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;

iii. The requested accommodation will not impose an undue financial or

administrative burden on the City as “undue financial or administrative

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City of Newport Beach, CA § 20.52.070 NEWPORT BEACH CODE § 20.52.070

burden” is defined in Fair Housing Laws and interpretive case law;

iv. The requested accommodation will not result in a fundamental alteration
in the nature of a City program, as “fundamental alteration” is defined in
Fair Housing Laws and interpretive case law; and

v. The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others.

b. In making these findings, the review authority may approve alternative
reasonable accommodations that provide an equivalent level of benefit to the
applicant.

3. Factors for Consideration—Necessity. The Hearing Officer may consider, but is not
limited to, the following factors in determining whether the requested accommodation
is the minimum necessary to provide one or more individuals with a disability an
equal opportunity to use and enjoy a dwelling:

a. Whether the requested accommodation will affirmatively enhance the quality of
life of one or more individuals with a disability;

b. Whether the individual(s) with a disability will be denied an equal opportunity
to enjoy the housing type of their choice absent the accommodation;

c. In the case of a residential care facility, whether the requested accommodation
is necessary to make facility or facilities of a similar nature or operation
economically viable in light of the relevant market and market participants; and

d. In the case of a residential care facility, whether the existing supply of facilities
of a similar nature and operation in the community is sufficient to provide an
individual(s) with a disability an equal opportunity to live in a residential
setting.

4. Factors of Consideration—Fundamental Alteration/Reasonableness. The Hearing Officer may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of a City program: a. Whether the requested accommodation would fundamentally alter the character of the neighborhood; b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking; c. Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s General Plan or an applicable specific plan; and d. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 5. Coastal Zone Properties. For housing located in the coastal zone, a request for

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City of Newport Beach, CA § 20.52.070 PLANNING AND ZONING § 20.52.070

reasonable accommodation under this section may be approved by the City if it
is consistent with the findings provided in subsection (D)(2) of this section; with
Chapter 3 of the California Coastal Act of 1976; with the Interpretative Guidelines for
Coastal Planning and Permits established by the California Coastal Commission dated
February 11, 1977, and any subsequent amendments; and the Local Coastal Program.

6. Rules While Decision Is Pending. While a request for reasonable accommodation is
pending, all laws and regulations otherwise applicable to the property that is the
subject of the request shall remain in full force and effect.

7. Effective Date.

a. A reasonable accommodation shall not become effective until the decision to
grant the accommodation shall have become final by reason of the expiration of
time to make an appeal.

b. In the event an appeal is filed, the reasonable accommodation shall not become
effective unless and until a decision is made by the Council on the appeal in
compliance with Chapter 20.64 (Appeals).

E. Expiration, Time Extension, Violation, Discontinuance, and Revocation.

1. Expiration.

a. Any reasonable accommodation approved in compliance with the terms of this section shall expire within twenty-four (24) months from the effective date of approval or at an alternative time specified as a condition of approval unless:

i. A building permit has been issued and construction has commenced;

ii. A certificate of occupancy has been issued;

iii. The use is established; or

iv. A time extension has been granted.

b. In cases where a coastal development permit is required, the time period shall
not begin until the effective date of approval of the coastal development permit.

2. Time Extension. The Hearing Officer may approve a time extension for a reasonable
accommodation for good cause for a period(s) not to exceed three years. An
application for a time extension shall be made in writing to the Director no less than
thirty (30) days or more than ninety (90) days before the expiration date.

3. Notice. Notice of the Hearing Officer’s decision on a time extension shall be provided
in compliance with Chapter 20.62 (Public Hearings). All written decisions shall give
notice of the right to appeal and to request reasonable accommodation in the appeals
process as identified in subsection (E)(4) of this section (Appeal of Determination).

4. Appeal of Determination. A time extension for a reasonable accommodation shall be
final unless appealed to the Council within fourteen (14) calendar days of the date of
mailing of the determination. An appeal shall be made in writing and shall be noticed
and heard in compliance with Chapter 20.64 (Appeals), as modified by subsection
(D)(1) of this section (Hearing Officer Action).

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City of Newport Beach, CA § 20.52.070 NEWPORT BEACH CODE § 20.52.080

5. Violation of Terms. Any reasonable accommodation approved in compliance with the
terms of this section may be revoked if any of the conditions or terms of the
reasonable accommodation are violated, or if any law or ordinance is violated in
connection with the reasonable accommodation.

6. Discontinuance.

a. A reasonable accommodation shall lapse if the exercise of rights granted by it
are discontinued for at least one hundred eighty (180) consecutive days.

b. If the person(s) initially occupying a residence vacates or conveys the property for which the reasonable accommodation was granted, the reasonable accommodation shall remain in effect only if the Director determines that the modification authorized by the review authority is physically integrated into the residential structure and cannot be easily removed or altered to comply with this Zoning Code.

7. Revocation. Procedures for revocation shall be as identified in Chapter 20.68
(Enforcement).

F. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a
reasonable accommodation application.

G. Amendments. A request for changes in conditions of approval shall be treated as a new
application. The Director may waive the requirement for a new application if the changes
are minor, do not involve substantial alterations or additions to the plan or the conditions
of approval, and are consistent with the intent of the original approval.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2015-8 § 3, 2015)

A. Purpose. The purpose of site development review is to provide a process for the review of specific development projects in order to:

1. Ensure consistency with General Plan policies related to the preservation of
established community character, and expectations for high quality development;

2. Respect the physical and environmental characteristics of the site;

3. Ensure safe and convenient access and circulation for pedestrians and vehicles;

4. Allow for and encourage individual identity for specific uses and structures;

5. Encourage the maintenance of a distinct neighborhood and/or community identity;

6. Minimize or eliminate negative or undesirable visual impacts;

7. Ensure protection of significant views from public right(s)-of-way in compliance with
Section 20.30.100 (Public View Protection); and

8. Allow for different levels of review depending on the significance of the development
project.

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City of Newport Beach, CA § 20.52.080 PLANNING AND ZONING § 20.52.080

B. Applicability.

1. Site development review approval shall be required before the issuance of a building
or grading permit for any new structure identified in Table 5-2, except for those
projects listed in subsection (B)(2) of this section.

2. The following types of projects and structures shall require the issuance of a zoning
clearance in compliance with Section 20.52.100, rather than a site development
review:

a. Accessory structures;

b. Fences and/or walls;

c. The reconstruction or exterior remodeling of existing structures (including
facade improvements);

d. Residential Construction. One to four dwelling units, without a tentative or
parcel map; and

e. Nonresidential Construction. Up to a maximum of nine thousand nine hundred
ninety-nine (9,999) square feet of gross floor area.

3. A site development review shall not be required for a planned development permit
application.

4. The applicable review authority shall be as specified in Table 5-2 (Review Authority
for Site Development Reviews).

TABLE 5-2
REVIEW AUTHORITY FOR SITE DEVELOPMENT REVIEWS

Role of Review Authority (1) (2)

Zoning Planning Administrator Commission Type of Construction Activity (Minor Review) (Major Review)

Residential construction: 5 to 20 dwelling units, without a Decision Appeal
tentative or parcel map.

Residential construction: 5 or more dwelling units with a Decision
tentative or parcel map and 21 or more dwelling units,
without a tentative or parcel map.

Residential construction: On a bluff, an increase in the Decision
boundaries of a development area in compliance with the
findings in Section 20.28.040 (Bluff (B) Overlay District).

Mixed-use projects: 1 to 4 dwelling units and Decision Appeal
nonresidential construction of up to a maximum of 9,999
square feet of gross floor area.

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City of Newport Beach, CA § 20.52.080 NEWPORT BEACH CODE § 20.52.080

TABLE 5-2
REVIEW AUTHORITY FOR SITE DEVELOPMENT REVIEWS

Role of Review Authority (1) (2)

Zoning Planning
Administrator Commission
Type of Construction Activity (Minor Review) (Major Review)

Mixed-use projects: 5 or more dwelling units and/or Decision
nonresidential construction of 10,000 square feet or more of
gross floor area.

Nonresidential construction: 10,000 to 19,999 square feet Decision Appeal
of gross floor area.

Nonresidential construction: 20,000 square feet or more Decision
of gross floor area.

Height limit increase: Increase in maximum allowed Decision
height limit in compliance with findings in Section
20.30.060(C) (Increase in Height Limit).

MU-W1 Zoning District: All new development, additions, Decision Appeal
and exterior remodeling.

Notes:

(1) “Decision” means that the review authority makes the final decision on the matter; “Appeal” means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 20.64 (Appeals).

(2) The Zoning Administrator may defer action and refer the request to the Commission for the final
decision.

C. Application Filing, Processing, and Review.

1. Application Filing.

a. Filing. An application for a site development review shall be filed and processed
in compliance with Chapter 20.50 (Permit Application Filing and Processing).

b. Contents. The application shall include all of the information and materials
specified by the Director, together with the required fee in compliance with the
City’s fee schedule adopted by resolution.

c. Evidence. It is the responsibility of the applicant to establish evidence in support
of the findings required by subsection (F) of this section (Findings and
Decision).

2. Application Review. Each application for a site development review shall be
reviewed to ensure that the application is consistent with: the purpose of this section;
applicable development standards of this Zoning Code; all of the criteria identified in
subsection (C)(2)(c) of this section; and adopted criteria and policies applicable to the
use or structure.

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City of Newport Beach, CA § 20.52.080 PLANNING AND ZONING § 20.52.080

a. A site development review is initiated when the Department receives a complete
application package including the required information and materials specified
by the Director and any additional information required by the applicable review
authority in order to conduct a thorough review of the project.

b. Upon receipt of a complete application the applicable review authority shall
conduct a review of the location, design, site plan configuration, and effect of
the proposed project on adjacent properties by comparing the project plans to
established development standards and adopted criteria and policies applicable
to the use or structure.

c. The following criteria shall be considered during the review of a site
development review application:

i. Compliance with this section, the General Plan, this Zoning Code, any applicable specific plan, and other applicable criteria and policies related to the use or structure;

ii. The efficient arrangement of structures on the site and the harmonious
relationship of the structures to one another and to other adjacent
developments; and whether the relationship is based on standards of good
design;

iii. The compatibility in terms of bulk, scale, and aesthetic treatment of
structures on the site and adjacent developments and public areas;

iv. The adequacy, efficiency, and safety of pedestrian and vehicular access,
including drive aisles, driveways, and parking and loading spaces;

v. The adequacy and efficiency of landscaping and open space areas and the
use of water efficient plant and irrigation materials; and

vi. The protection of significant views from public right(s)-of-way and
compliance with Section 20.30.100 (Public View Protection).

D. Review Authority.

1. Other Discretionary Approval Required. If the project also requires another
discretionary approval (e.g., conditional use permit, variance, etc.), then the
applicable review authority shall be the authority identified in Table 5-1 (Review
Authority) for the other discretionary approval.

2. Site Development Review Only. If the project only requires a site development
review, then the applicable review authority shall be the authority identified in Table
5-2 (Review Authority for Site Development Reviews) for the site development
review.

3. Referral to the Commission. If the site development review application submitted is
of significant consequence or magnitude or involves potential public controversy, the
Zoning Administrator may defer action and refer the application to the Commission
for review and decision.

E. Public Notice and Hearing Provisions.

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City of Newport Beach, CA § 20.52.080 NEWPORT BEACH CODE § 20.52.090

1. Public Hearing Required. A public hearing shall be required before the decision on
any site development review application.

2. Notice. Notice of the hearing shall be provided and the hearing shall be conducted in
compliance with Chapter 20.62 (Public Hearings).

F. Findings and Decision. The review authority may approve or conditionally approve a site development review application, only after first finding that the proposed development is:

1. Allowed within the subject zoning district;

2. In compliance with all of the applicable criteria identified in subsection (C)(2)(c) of
this section; and

3. Not detrimental to the harmonious and orderly growth of the City, nor endangers,
jeopardizes, or otherwise constitutes a hazard to the public convenience, health,
interest, safety, or general welfare of persons residing or working in the neighborhood
of the proposed development.

G. Minor Changes by Director.

1. Minor changes to an approved site development review that do not involve an
increase in structure area or height, an increase in the number of dwelling units, or a
change of use may be approved by the Director in compliance with Section 20.54.070
(Changes to an approved project).

2. Proposed changes that are not deemed minor shall be subject to review and approval
by the original review authority.

H. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit
Implementation, Time Limits, and Extensions), and those related to appeals and revocation
in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a
site development review application.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Purpose. A variance provides a process for City consideration of requests to waive or modify certain standards of this Zoning Code when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same zoning district.

B. Applicability. A variance may be granted to waive or modify any requirement of this
Zoning Code except: allowed uses; residential density; specific prohibitions (for example,
prohibited signs); or procedural requirements.

C. Review Authority. A variance application shall be reviewed and approved, conditionally
approved, or denied by the Commission.

D. Application Filing and Processing. An application for a variance shall be filed and
processed in compliance with Chapter 20.50 (Permit Application Filing and Processing).

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City of Newport Beach, CA § 20.52.090 PLANNING AND ZONING § 20.52.100

The application shall include all of the information and materials specified by the Director,
together with the required fee in compliance with the City’s fee schedule adopted by
resolution. It is the responsibility of the applicant to establish evidence in support of the
findings required by subsection (F) of this section (Findings and Decision).

E. Project Review, Notice, and Hearing Requirements.

1. Each application shall be reviewed by the Director to ensure that the proposal
complies with this section and all other applicable requirements of this Zoning Code.

2. The review authority shall conduct a public hearing on an application for a variance
before a decision. Notice of the hearing shall be provided and the hearing shall be
conducted in compliance with Chapter 20.62 (Public Hearings).

F. Findings and Decision. The review authority may approve or conditionally approve a
variance only after first making all of the following findings:

1. There are special or unique circumstances or conditions applicable to the subject
property (e.g., location, shape, size, surroundings, topography, or other physical
features) that do not apply generally to other properties in the vicinity under an
identical zoning classification;

2. Strict compliance with Zoning Code requirements would deprive the subject property
of privileges enjoyed by other properties in the vicinity and under an identical zoning
classification;

3. Granting of the variance is necessary for the preservation and enjoyment of substantial property rights of the applicant; 4. Granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and in the same zoning district; 5. Granting of the variance will not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood; and 6. Granting of the variance will not be in conflict with the intent and purpose of this section, this Zoning Code, the General Plan, or any applicable specific plan. G. Precedents. Each application shall be reviewed on an individual case-by-case basis and the granting of a prior variance is not relevant or admissible evidence for the granting of a new variance. H. Post-Decision Procedures. The procedures and requirements in Chapter 20.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this title (Zoning Code Administration) shall apply following the decision on a variance application. (Ord. 2010-21 § 1 (Exh. A)(part), 2010)

A. Purpose. Zoning clearance is the procedure used by the City to verify that a proposed use

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City of Newport Beach, CA § 20.52.100 NEWPORT BEACH CODE § 20.52.100

or structure complies with the activities allowed in the applicable zoning district and the
development standards and other provisions of this Zoning Code.

B. Applicability. Where Part 2 of this title (Zoning Districts, Allowable Land Uses, and
Zoning District Standards) or another provision of this Zoning Code requires a zoning
clearance as a prerequisite to establishing a use or structure, a zoning clearance shall be
required at the time of the Department’s review of any of the following:

1. Initiation of a Use. A zoning clearance shall be obtained before the initiation or
commencement of any use of land not requiring the construction of a structure.

2. Change of Use. Whenever a use is proposed to be changed, whether or not the new
use involves a new lessee, operator, or owner, a zoning clearance shall be obtained.

3. Building Permit, Grading Permit, or Other Construction Permit. A zoning clearance
shall be obtained before the City issues a new or modified building permit, grading
permit, or other construction-related permit required for the alteration, construction,
modification, moving, or reconstruction of any structure.

C. Review and Approval.

1. The Department shall issue the zoning clearance after first determining that the
request complies with all Zoning Code provisions and other adopted criteria and
policies applicable to the proposed use or structure.

2. An approval may be in the form of a stamp, signature, or other official notation on
approved plans, a letter to the applicant, or other certification, at the discretion of the
Director.

D. Referral to Commission. The Department may defer action and refer the zoning clearance
request to the Commission for consideration and final action.

E. Appeal to Commission. The Department’s action on a zoning clearance request may be
appealed to the Commission in compliance with Chapter 20.64 (Appeals), unless said
zoning clearance is for the ministerial approval of an SB 9 housing development pursuant
to Section 20.48.205 in which case the Director is the final review authority.
(Ord. 2010-21 § 1 (Exh. A)(part), 2010; Ord. 2022-17 § 1 (Exh. A), 2022)

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City of Newport Beach, CA § 20.54.010 PLANNING AND ZONING § 20.54.050