Newport Beach Municipal Code Ch. 21.32 Density Bonus

The purpose of this chapter is to provide a means for granting density bonuses and incentives in compliance with State Density Bonus Law, Government Code Section 65915 et seq., as the same may be amended from time to time.

(Ord. 2024-21 § 1 (Exh. A(2)), 2024)

A. California Government Code Section 65915(m) provides that density bonus law shall not be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976. Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under California State Government Code Section 65915 et seq., shall be permitted in a manner that is consistent with that section and the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Act Code).

B. A requested density bonus and any requested incentive, concession, waiver, modification, or modified parking standard shall comply with all applicable standards and use regulations of the certified Local Coastal Program Implementation Plan, with the exception of the development standards waived, reduced, or modified through density bonus provisions. In no case shall the coastal resource protection development regulations of Sections 21.28.040 (Bluff (B) Overlay District), 21.28.050 (Canyon (C) Overlay District), 21.30.015(D) (Waterfront Development), 21.30.015(E)(2) (Development in Shore-line Hazardous Areas) and 21.30.100 (Scenic and Visual Quality Protection), or Chapters 21.30A (Public Access and Recreation) and 21.30B (Habitat Protection) be waived, reduced, or modified.

(Ord. 2024-21 § 1 (Exh. A(2)), 2024)

Unless restricted by Section 21.32.020 (Coastal Act Consistency), eligible housing development or mixed-use development projects may be granted density bonuses, concessions, incentives, and waivers pursuant to California State Government Code Section 65915 et seq., which may be amended from time to time.

(Ord. 2024-21 § 1 (Exh. A(2)), 2024)

An applicant requesting a density bonus, incentive, concession, or waiver pursuant to this chapter shall require approval of a coastal development permit or waiver pursuant to Chapter 21.52 (Coastal Development Review Procedures).

(Ord. 2024-21 § 1 (Exh. A(2)), 2024)