HomeMy WebLinkAbout2055 - An amendment to the Coastal Land Use Plan Policy 3.1.3 and City Council Policy L-12 establishing an Encroachment Program for East Oceanfront. RESOLUTION NO. 2055
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH APPROVAL OF
LOCAL COASTAL PROGRAM AMENDMENTS NOS. LC2017-002,
LC2017-001 and LC2013-002 (PA2017-047, PA2017-046 and
PA2013-057)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the Public Resources Code requires each county and city to prepare
a local coastal Program (LCP) for that portion of the coastal zone within its jurisdiction.
2. The California Coastal Commission effectively certified the City of Newport Beach (City)
LCP on January 13, 2017, and the City assumed coastal development permit-issuing
authority on January 30, 2017.
3. LCP amendments are necessary to address issues that have arisen since the LCP was
certified, incorporate land use and property regulations adopted by the City after
submission of the LCP to the California Coastal Commission and to clarify LCP
administrative procedures.
4. Pursuant to Section 13515 of the California Code of Regulations, review drafts of the LCP
amendments were made available and a Notice of the Availability was distributed on
February 28, 2017 and an update was distributed on April 14, 2017.
5. A public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing
was given in accordance with the Newport Beach Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to the authority and criteria contained in the California Environmental Quality Act
(CEQA), LCP Amendment No. LC2017-002 and No. LC2013-002 are statutorily exempt from
CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and
Chapter 3 of the Coastal Act. Section 15265(a)(1) exempts local governments from the
requirements of preparing an environmental impact report or otherwise complying with CEQA
in connection with the adoption of a Local Coastal Program. LCP Amendment No. LC2017-001
is categorically exempt from the CEQA pursuant to Section 15301 (Existing Facilities), 15302
(Replacement or Reconstruction) and 15303 (New Construction) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect'on the environment. The Amendment itself does not authorize development
Planning Commission Resolution No. 2055
Page 2 of 20
that would directly result in physical change to the environment. The Amendment could
indirectly lead to changes in use within existing buildings or minor additions to existing
buildings. These changes would be subject to existing zoning and LCP regulations that limit
the size and use consistent with the General Plan and Coastal Act.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby recommends to the City
Council of the City of Newport Beach approval of:
a. LCP Clean-up (LC2017-002)—Amendments to: (i) add new IP Section 21.26.055(V)
to add land use and property development regulations for the Lido Villas Planned
Community; (ii) revise IP Section 21.30.015(E)(5) to provide consistent language
regarding protective devices; (iii) revise IP Section 21.30.075(B)(4)(b) to add
exceptions to landscape maintenance standards during water supply shortages; (iv)
revise IP Section 21.38.040(6)(1) to permit expansion of nonconforming residential
structures up to 75 percent with a coastal development permit; (v) revise CLUP Policy
4.4.2-1 and IP Sections 21.30.060(C) and (D) and 21.60.060 to clarify exceptions to
height limits; (vi) revise IP Table 21.50-1 and IP Chapter 21.64 to clarify procedures
relating to appeals and calls for review; (vii) revise IP Section 21.52.055 (re-numbered
as subsection F)to correct ambiguities relating to the number of City Council members
required to object to a coastal development permit waiver; (viii) add new IP Section
21.52.090 to clarify regulations relating to modifications and variances; and (ix) add
new IP Section 21.62.050 to allow the Community Development Director to waive
public hearing requirements for minor development, as attached in Exhibit A, and
incorporated herein by reference.
b. Balboa Village Parking Management Overlay District(LC2017-001)—Amendment
to IP Section 21.28.030 and the Coastal Zoning Map to establish the Balboa Village
Parking Management Overlay, as attached in Exhibit B, and incorporated herein by
reference.
c. Oceanfront Encroachment Program (LC2013-002)—Amendments to Coastal Land
Use Plan (CLUP) Policy 3.13 and Coastal Implementation Plan (IP) Appendix C to
establish an encroachment program for East Oceanfront, as attached in Exhibit C, and
incorporated herein by reference.
2. The Planning Commission of the City of Newport Beach hereby certifies the local coastal
program and the amendments thereto contained in this resolution are intended to be
carried out in a manner fully in conformity with the California Coastal Act. Thus, the
Planning Commission recommends the City Council of the City of Newport Beach direct
staff to submit the proposed amendments to the California Coastal Commission for review
and approval.
3. The certified Local Coastal Program, including the proposed amendments, shall be
carried out fully in conformity with the California Coastal Act of 1976.
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4. The LCP amendments shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested the California Coastal
Commission, by resolution and/or ordinance of the City Council of the City of Newport
Beach.
PASSED, APPROVED, AND ADOPTED THIS 4T" DAY OF MAY, 2017.
AYES: Kramer, Koetting, Zak, Dunlap, Hillgren
NOES: Weigand
ABSTAIN: None
ABSENT: Lawler
i
l
BY: JJ4---e,
o r er, hai ma
BY: I
Peter Zak, Secretary
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EXHIBIT "A"
LCP Clean-up (LC2017-002)
1. Amend Policy 4.4.2-1 of the City of Newport Beach Coastal Land Use Plan to read as follows:
4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone,
as graphically depicted on Map 4-3 with exceptions for assembly and meeting
facilities, government facilities, architectural features, boat cranes, chimneys
and vents, dormers, elevator shafts, flagpoles, landmark buildings, light
standards, mechanical equipment, solar equipment, peaks of sloping roofs
and other similar fixtures and exterior structures specified in, and regulated
by, the certified Local Coastal Program Implementation Plan. In addition,
height limits in excess of 35 feet may be established as part of an adopted
planned community incorporated into the certified Local Coastal Program
Implementation Plan, provided the planned community includes site and
design standards that protect public views to and along the ocean and scenic
coastal areas, minimize visual impacts and be visually compatible with the
character of surrounding areas and, where feasible, restore and enhance
visual quality in visually degraded areas.
2. Amend Section 21.26.055 of the Newport Beach Municipal Code to add Section 21.26.055(V)
to read as follows, with all other provisions of Section 21.26.055 remaining unchanged:
V. Lido Villas (PC-59).
1. Lot Size: 52,099 square feet (1.2 acres)
2. Density/intensity Limit: twenty-three (23) dwelling units.
3. Setbacks.
a. Via Lido: 9 feet (first floor); 4 feet, 5 inches (second floor)
b. Via Malaga: 7 feet, 3 inches (first floor); 6 feet, 6 inches (second floor)
c. Via Oporto: 6 feet (first floor); 3 feet (second floor)
d. North Interior Property Line: 5 feet
4. Height: Thirty-five (35) feet.
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3. Amend Section 21.30.010.015(E)(5) and Section 21.30.015(E)(5)(a) of the Newport Beach
Municipal Code to include the following text, with all other provisions of Section 21.30.015
remaining unchanged:
5. Waiver of Future Protection. As a condition of approval of new development, the review
authority shall require an agreement between an applicant, including its successors and
assigns, and the City in favor of the City, in a form approved by the City Attorney, and
recorded by the applicant, waiving any potential right to future protection that results in any
encroachment seaward of the authorized footprint of the protective device to address
situations in the future in which development is threatened with damage or destruction from
waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise,
or other natural hazards. The applicant shall agree to:
a. Never construct structures or features over the economic life of the development
to protect the development that results in any encroachment seaward of the authorized
footprint of the protective device; and
4. Amend Section 21.30.060(C)and Section 21.30.060(D)of the Newport Beach Municipal Code
to read as follows, with all other provisions of Section 21.30.060(C) and Section 21.30.060(D)
remaining unchanged:
C. Increase in Height Limit.
1. Procedure. The height limits established in Part 2 of this Implementation Plan
(Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards)
may be increased within specified areas with approval of a coastal development permit
when all applicable findings are met in compliance with subsection (C)(3) of this section
(Required Findings). Height limits established as part of an adopted planned community
shall not be subject to this subsection (See Section 21.26.055 (Planned Community
Coastal Zoning District Development Standards)).
2. Height Limit Areas. The height limit areas shall be as follows:
a. R-A, R-1, R-BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is twenty-four (24) feet
(including guardrails and parapet walls) and the base height limit for structures with
sloped roofs is twenty-nine (29)feet. The height of a structure may be increased up
to a maximum of twenty-eight (28) feet with a flat roof or thirty-three (33) feet with a
sloped roof through the approval of a coastal development permit as provided
above. This height limit applies in all R-A, R-1, R-BI, and R-2 Coastal Zoning
Districts as shown on the Coastal Zoning Map.
b. RM Coastal Zoning District Height Limit Area. In this height limit area the base
height limit for structures with flat roofs is twenty-eight (28)feet (including guardrails
and parapet walls) and the base height limit for structures with sloped roofs is thirty-
three (33) feet. The height of a structure may be increased up to a maximum of
thirty-two (32) feet with a flat roof or thirty-seven (37)feet with a sloped roof through
the approval of a coastal development permit as provided above. This height limit
applies in the RM Coastal Zoning District as shown on the Coastal Zoning Map.
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c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base
height limit for nonresidential and mixed-use structures with flat roofs is twenty-six
(26) feet and the base height limit for structures with sloped roofs is thirty-one (31)
feet. The height of a structure may be increased up to a maximum of thirty-five (35)
feet with a flat roof or forty (40) feet with a sloped roof through the approval of a
coastal development permit application as provided above. The shoreline height
limit shall apply to all nonresidential coastal zoning districts and mixed-use coastal
zoning districts within the boundaries of the Shoreline Height Limit Area shown on
the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps)
of this Implementation Plan).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base
height limit for nonresidential and mixed-use structures with flat roofs is thirty-two
(32)feet and the base height limit for structures with sloped roofs is thirty-seven (37)
feet. The height of a structure may be increased up to a maximum of fifty (50) feet
with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a
coastal development permit as provided above. This height limit shall apply to all
nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning
districts within its boundaries. The nonresidential, nonshoreline height limit area is
identified as all of the area outside the Shoreline Height Limit Area shown on the
High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of
this Implementation Plan).
e. High Rise Height Area. In this height limit area, the maximum height limit shall
be three hundred (300)feet and no further increase to the maximum allowed height
is available. This height limit is applicable to all nonresidential coastal zoning
districts within its boundaries as indicated on the High Rise and Shoreline Height
Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan).
3. Required Findings. The review authority may approve a coastal development permit
to allow an increase in the height of a structure above the base height limit only after
first making all of the following findings in addition to the findings required in Section
21.52.015(F):
a. The project is sited and designed to protect public views to and along the ocean
and scenic coastal areas; and
b. The project is sited and designed to minimize visual impacts and be visually
compatible with the character of surrounding areas; and
c. Where feasible, the project will restore and enhance visual quality in visually
degraded areas.
D. Exceptions to Height Limits.
1. Assembly and Meeting Facilities. Structures used as places of worship may be
allowed to exceed the height limit subject to the approval of a coastal development
permit in compliance with Chapter 21.52 (Coastal Development Review Procedures).
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Where more than one structure exists or is proposed for the site, only the principal
structure shall be eligible for approval to exceed the maximum height limit.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and
other decorative rooftop features) of an open nature, but excluding guardrails, parapet
walls, and similar features, may be allowed up to the height limit for a sloped roof.
Architectural features with a height greater than that allowed for a sloped roof shall be
subject to the approval of a coastal development permit.
3. Boat Cranes. Boat cranes used in conjunction with an approved marine-oriented
nonresidential use may be allowed to exceed the maximum height limit up to a
maximum operating height of seventy (70) feet, subject to the approval of a coastal
development permit.
4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof-
mounted vents shall be allowed to exceed the allowed height limits as follows:
a. Chimneys may extend above the allowed height limit a maximum of two feet or
a greater height if required by the City's Building Code;
b. Spark arrestors may extend above the top of a chimney a maximum of two feet,
provided they do not exceed a width of two feet and a length of four feet; and
c. Roof-mounted vents may extend above the allowed height limit a maximum of
twelve (12) inches or a greater height if required by the City's Building Code.
5. Dormers. Dormers may be allowed to exceed the maximum height; provided, that:
a. The total width of the dormer that exceeds the height limit shall not be greater
than thirty-five (35) percent of the length of the side of the structure where the
dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
c. The peak of the dormer shall not be higher than the peak of the roof on which
it is located.
6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by the
California Building Code, provided they do not exceed thirty (30) square feet in area,
unless a larger elevator is required by the California Building Code and/or the Fire
Department. In these instances, the area of the elevator or stair housing shall not
exceed the minimum size required by the California Building Code and/or the Fire
Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30)
square feet in area shall have sloped roofs with a minimum 3/12 pitch.
7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls, and
Retaining Walls) sets forth exceptions to height limits for these structures.
8. Flagpoles.
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a. Ground-mounted flagpoles shall be allowed in residential coastal zoning districts
to a maximum height of twenty-eight (28) feet and in nonresidential coastal zoning
districts to a maximum height of thirty-five (35) feet.
b. Flagpoles mounted on tops of buildings located in nonresidential coastal zoning
districts shall be allowed to exceed the maximum height limit by up to twenty (20)
feet.
9. Landmark Buildings. An alteration or addition to a landmark building shall be exempt
from height limits; provided, that structural alterations or additions that exceed the height
of the existing structure shall require approval of a coastal development permit in
compliance with Chapter 21.52 (Coastal Development Review Procedures) and shall
not exceed a maximum of fifty-five (55) feet in height. The coastal development permit
may be approved only if all of the following findings are first made in addition to those
findings identified in Section 21.52.015(F):
a. The portion of the structural alteration or addition that exceeds the height of the
existing structure does not significantly impact public views from public rights-of-
way.
b. The portion of the structural alteration or addition that exceeds the height of the
existing structure will not be used in a manner that increases the intensity of the use
of the landmark building.
c. The allowed height of the landmark building will not be detrimental to the health,
safety, peace, comfort, or general welfare of persons residing or working in the
neighborhood of the landmark building.
10. Light Standards. Light standards maybe allowed to exceed maximum height limits,
subject to the approval of a coastal development permit in compliance with Chapter
21.52 (Coastal Development Review Procedures). All light fixtures and standards shall
comply with the requirements of Section 21.30.070 (Outdoor Lighting).
11. Mechanical Equipment.
a. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning
districts, roof-mounted mechanical equipment, totaling not more than thirty (30)
percent of the total roof area, including required screening devices, shall be allowed
to exceed the maximum height limit by up to five feet.
b. Residential Coastal Zoning Districts. In residential coastal zoning districts, roof-
mounted equipment is not allowed to exceed the maximum height limit for the
coastal zoning district.
12. Solar Equipment. The height limit regulations in this Implementation Plan do not
apply to equipment and panels used for the production of solar energy.
13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed
the maximum height limit by up to six inches on conforming roofs.
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14. Marina Park Lighthouse Feature. A single, up to maximum seventy-three (73)foot
tall, faux lighthouse architectural tower, that creates an iconic landmark for the public to
identify the site (1600 West Balboa Boulevard) from land and water as a boating safety
feature, may be allowed. No further exceptions to the height limit shall be allowed,
including, but not limited to, exceptions for architectural features, solar equipment or
flagpoles. Any architectural tower that exceeds the thirty-five (35) foot height limit shall
not include floor area above the thirty-five (35)foot height limit, but shall house screened
communications or emergency equipment, and shall be sited and designed to reduce
adverse visual impacts and be compatible with the character of the area by, among
other things, incorporating a tapered design with a maximum diameter of thirty-four(34)
feet at the base of the tower. Public viewing opportunities shall be provided above the
thirty-five (35) feet, as feasible.
15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and 475 32nd
Street:
a. At least seventy-five (75) percent of the total area of the site shall be thirty-five
(35) feet in height or lower.
b. Buildings and structures up to fifty-five (55) feet in height with the peaks of
sloping roofs and elevator towers up to sixty (60) feet in height provided it is
demonstrated that development does not adversely materially impact public views.
C. Architectural features such as domes, towers, cupolas, spires, and similar
structures may be up to sixty-five (65) feet in height.
d. Buildings and structures over thirty-five (35)feet in height, including architectural
features, shall not occupy more than twenty-five (25) percent of the total area of the
site.
e. Buildings and structures over forty-five (45)feet in height, including architectural
features, shall not occupy more than fifteen (15) percent of the total area of the site.
f. With the exception of a fire station, all buildings and structures over thirty-five
(35) feet in height, including architectural features, shall be set back a minimum of
sixty (60) feet from the Newport Boulevard right-of-way and seventy (70) feet from
the 32nd Street right-of-way.
g. A fire station may be located in its current location and may be up to forty (40)
feet in height.
h. Afire station may include architectural features up to forty-five(45)feet in height
to house and screen essential equipment. (Ord. 2016-19 § 1 (Exh. A)(part), 2016)
16. Government Facilities. Structures owned, operated, or occupied by the City or
other governmental agency to provide a governmental service to the public may be
allowed to exceed the height limit subject to the approval of a coastal development
permit in compliance with Chapter 21.52 (Coastal Development Review Procedures)
where the increase in height is necessary for the facility to function (e.g., lifeguard
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towers, tsunami warning sirens, architectural design features that accommodate
emergency vehicles or essential equipment, etc.).
5. Amend Section 21.30.075(B)(4)(b) of the Newport Beach Municipal Code to include the
following text, with all other provisions of 21.30.075(B)(4)(b) remaining unchanged:
b. Landscaped areas shall be maintained in a healthy and growing condition and shall
receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from
the healthy and growing condition provision when the City Council has declared a Level
Three water supply shortage and all lawn, landscape, and other vegetated areas shall be
exempt from the healthy and growing condition requirement when the City Council has
declared a Level Four water supply shortage.
6. Amend Section 21.38.040(G)(1)of the Newport Beach Municipal Code to include the following
text, with all other provisions of 21.38.040(G)(1) remaining unchanged:
1. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of
the existing structure; expansion of residential structures may be permitted up to a
maximum of seventy-five (75) percent with the approval of a coastal development permit.
7. Amend Table 21.50-1 of Section 21.51.020 of the Newport Beach Municipal Code to read as
follows, with all other provisions of Table 21.50-1 of Section 21.51.020 remaining unchanged:
TABLE 21.50-1
REVIEW AUTHORITY
Applicab Role of Review Authority(1)
Type of Action le Code Harbor
Chapter/ Director Zoning Resources Commission Council Coastal
Section Administrator Manager (2) Commission
Administrative antl Legislative ,
r
Section
Interpretations 21.12.02 Determination(3) Appeal Appeal Appeal(8)
0
LCP Recommend Decision Decision(4)
Amendments (4)
Approvals in Section Determination Determination
Concept 21.52.01 (3) (5) Appeal Appeal
5(B)(1)(a)
Waiver for De Section
Minimis 21.52.05 Decision(9) (9)
Development 5
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Applicab Role of Review Authority(1)
Type of Action le Code Zoning Harbor Council Coastal
Chapter/ Director Resources Commission
Section Administrator Manager (2) Commission
.,, ,,.0," I-le I;I'. -1 -, ,.;
p,
-its ApprovalsA
Pdfffi lb d
ORR, OW ii:NWON
Coastal Section Decision(7)
Development 21,52.01 Decision(6) Appeal Appeal Appeal(2)
Permits 5
Emergency Section
Coastal 21.52.02 Decision(3) Appeal Appeal
Development 5
Permits
Notes:
(1) "Recommend" means that the Commission makes a recommendation to the Council;
"Determination" and "Decision" mean that the review authority makes the final determination or
decision on the matter; "Appeal" means that the review authority may consider and decide upon
appeals to the decision of a previous decision making body, in compliance with Chapter 21.64
(Appeals and Calls for Review).
(2) The Council is the final review authority for all applications in the City. A decision by the
City on a coastal development permit application within the appeal areas depicted on the Post-
LCP Certification Permit and Appeal Jurisdiction Map or a project that constitutes a major public
works project or energy facility may be appealed to the Coastal Commission in compliance with
Chapter 21.64 (Appeals and Calls for Review).
(3) The Director or Zoning Administrator may defer action and refer the request to the
Commission for consideration and final action.
(4) The California Coastal Commission is the final decision making authority on amendments
to the Local Coastal Program.
(5) For development located on tidelands or submerged lands that did not involve a
discretionary action authorized by this Implementation Plan where the authority is specifically
assigned to the Council, Commission, Director, or Zoning Administrator.
(6) If the project also requires another discretionary approval (e.g., conditional use permit,
variance, etc.), then the applicable review authority shall be the authority for the other
discretionary approval.
(7) All development on tidelands, submerged lands, and public trust lands as described in
California Public Resources Code Section 30519(b) and in deferred certification areas
designated by the Local Coastal Program shall require a permit issued by the Coastal
Commission in accordance with procedures specified by the Coastal Commission, in addition
to other permits or approvals required by the City. This provision does not include those
tidelands, submerged lands, and public trust lands where permit authority may be delegated to
the City at a future date if determined by the Coastal Commission to be filled and developed
and located within an area committed to urban Uses pursuant to Coastal Act Section 30613.
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(8) Appeal procedure for interpretations shall only apply to interpretations made by the
Director on the determination of whether a development is categorically excluded, exempt,
nonappealable or appealable to the Coastal Commission according to the dispute resolution
process in compliance with Section 21.50.050(B).
(9) A waiver shall not take effect until after the Director makes his/her report to the City
Council. If one-third of the City Council (two members) so request, such issuance shall not be
effective and, instead, the application for a coastal development permit shall be processed in
accordance with the coastal development permit provisions of Chapter 21.52 (Coastal
Development Permit Review Procedures).
8. Amend Chapter 21.52 of the Newport Beach Municipal Code add Section 21.52.055 to read
as follows, with all other provisions of Chapter 21.52 remaining unchanged:
F. Report to the City Council. The Director shall report to the City Council at its next
available public meeting those projects for which waivers are proposed, with sufficient
description to give notice of the proposed development to the City Council. A list of waivers
issued by the Director shall be available for public inspection at the public counter of the
Department and at the City Council meeting during which any waivers are reported. A
waiver shall not take effect until after the Director makes his/her report to the City Council.
If two members of the City Council so request, such issuance shall not be effective and,
instead, the application for a coastal development permit shall be processed in accordance
with the coastal development permit provisions of this chapter.
9. Amend Chapter 21.52 of the Newport Beach Municipal Code add Section 21.52.090 to read
as follows, with all other provisions of Chapter 21.52 remaining unchanged:
21.52.090Relief from Implementation Plan Development Standards.
A. Purpose. The purpose of this section is to provide relief from the development standards
of this Implementation Plan when so doing is consistent with the purposes of the certified
Local Coastal Program and will not have an adverse effect, either individually or
cumulatively, on coastal resources.
B. Applicability. Any development standard of this Implementation Plan may be modified
or waived through the approval of a coastal development permit, except: allowed and
prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions
(for example, prohibitions intended to protect coastal resources, prohibited barriers to
public access, limits on the use of protective structures, prohibited materials, prohibited
plant species, prohibited signs, etc.); or procedural requirements.
1. Modifications. Minor deviations for the following development standards may be
permitted when practical difficulties associated with the property and that the
strict application of the Implementation Plan results in physical hardships:
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a. 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.
i. 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);
ii. Flag poles in excess of the exception to the allowed height limits; and
iii. Heights of fences, hedges, or walls (except retaining walls).
b. Setback Modifications. The following modifications are limited to not more
than a ten (10) percent deviation from the standard being modified.
i. Encroachments in front, side, or rear setback areas while still
maintaining the minimum clearances required by Section 21.30.110
(Setback Regulations and Exceptions).Exceptions include the following:
(A) Modifications shall not be allowed for encroachments into alley
setbacks; and
(B) Modifications shall not be allowed for encroachments into bluff
setback areas.
ii. Structural appurtenances or projections that encroach into front, side,
or rear setback areas.
C. 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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i. Distances between structures located on the same lot;
ii. Landscaping standards in compliance with Chapter 21.30.075
(Landscaping), except for subsection (13)(3);
iii. Size or location of parking spaces, access to parking spaces, and
landscaping within parking areas;
V. Increase in allowed floor area of additions for uses that have
nonconforming parking;
vi. Increase in allowed height, number, and area of signs;
vii. Increase in the allowed height of retaining walls; and
viii. Increase in allowed floor area of additions for nonconforming
residential structures as identified in Section 21.38.040
(Nonconforming Structures).
2. Variances. Waiver or modification of certain standards of this Implementation
Plan may be permitted 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 coastal zoning district.
3. Modifications and Waivers Authorized Elsewhere. This section is not applicable
when a modification or waiver to a development standard is specifically
authorized elsewhere in this Implementation Plan.
C. Findings and Decision. The review authority may approve or conditionally approve a
modification or waiver to a development standard of this Implementation Plan only after
first making all of the following findings as applicable:
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1. The granting of the modification is necessary due practical difficulties associated
with the property and that the strict application of the Implementation Plan results in
physical hardships; or
2. The granting of the variance is necessary due to special circumstances applicable
to the property, including location, shape, size, surroundings, topography, and/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 coastal zoning district; and
3. The modification or variance complies with the findings required to approve a coastal
development permit in Section 21.52.015(F);
4. The modification or variance will not have an adverse effect, either individually or
cumulatively, on coastal resources; and
The granting of the modification or variance will not be contrary to, or in conflict with, the
purpose of this Implementation Plan, nor to the applicable policies of the certified Local
Coastal Program.
10.Amend Section 21.64.050(A) of the Newport Beach Municipal Code to read as follows, with
all other provisions of Section 21.64.050(A) remaining unchanged:
A. Director. Interpretations and decisions of the Director may be appealed or called for
review to the Planning Commission, with the exception of waivers for de minimis
development, which are reported to the City Council pursuant to Section 21.52.055(E).
11. Amend Section 21.64.035(C)(2) of the Newport Beach Municipal Code to read as follows,
with all other provisions of Section 21.64.035(C)(2) remaining unchanged:
2. An appeal of a City decision was filed by two members of the Coastal Commission in
compliance with Public Resources Code Section 30625. Notice of a Coastal Commissioner's
appeal shall be transmitted to the City in compliance with Title 14 California Code of
Regulations Section 13111(d). The Director may transmit the Coastal Commissioners' appeal
to the local appellate body (which considers appeals from the review authority that rendered
the final decisions subject to the Coastal Commissioners' appeal), and the Coastal
Commissioners' appeal may be suspended pending a decision on the merits by that City
appellate body. If the final action by an appellate body modifies or reverses the previous
decision, the Coastal Commissioners appeal shall be required to file a new appeal from that
decision.
12.Amend Chapter 21.62 of the Newport Beach Municipal Code add Section 21.62.050 to read
as follows, with all other provisions of Chapter 21.62 remaining unchanged:
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A. Purpose. The purpose of this section is to provide a process, in accordance with Section
30624.9 of the Coastal Act, through which the public hearing requirement may be waived for
certain minor developments that require coastal development permits.
B. Minor Development Defined. For purposes of this section, "minor development" means a
development that the Director determines satisfies all of the following requirements:
1. Is consistent with the certified Local Coastal Program;
2. Requires no discretionary approvals other than a coastal development permit;
and
3. Has no adverse effect either individually or cumulatively on coastal resources or
public access to the shoreline or along the coast.
C. Procedure. The Director may waive the requirement for a public hearing on a Coastal
Development Permit application for a minor development, if all of the following occur:
1. Notice is mailed or delivered to all persons and agencies required to be notified
under Section 21.62.020(B)(2). The notice shall contain and shall contain all of the
information required in Section 21.62.020(A). In addition, the notice of waiver of public
hearing for the pending application shall contain the following:
a. A statement that a public hearing will be held upon the written request of
any person provided that such written request is received by the Department
within fifteen (15) working days from the date of sending the notice; and
b. For proposed development within the appealable area, a statement that
failure by a person to submit a written request for a public hearing may result in
the loss of that person's ability to appeal to the Coastal Commission any action
taken by the City on a coastal development permit application in this matter.
2. No request for public hearing is received by the Department within fifteen (15)
working days from the date of sending the notice pursuant to subsection (1) of this
section.
3. Requests for hearing must be made in writing to the Department. Upon receipt of a
request for a hearing, the Department shall schedule the matter for a public hearing and issue
notice of such hearing consistent with the provisions of this Chapter.
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EXHIBIT "B"
Balboa Village Parking Management Overlay District(LC2017-001)
1. Amend Section 21.28.030 of the Newport Beach Municipal Code to add Section 21.28.030(E)
to read as follows, with all other provisions of Section 21.28.030(E) remaining unchanged:
E. Parking Management Overlay Districts Established. The parking management
districts identified in this section and depicted in the referenced maps exhibits adopted
in Part 8 of this Implementation Plan.
1. Balboa Village Parking Management Overlay District applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and Adams
Street and depicted in Parking Management Overlay Map PM-1.
a. Purpose. The purpose of the Balboa Village Parking Management Overlay
District is to identify existing and planned parking facilities and establish parking
programs to adequately serve the parking needs for Balboa Village. Additionally,
the District establishes modified parking requirements for properties that differ
from the basic requirements of Chapter 21.40 (Off-Street Parking).
b. Existing Parking Facilities. The City maintains six public parking lots within or
near the District: 1) A Street lot, 2) B Street lot, 3) Washington Street lot, 4) Palm
Street lot, 5) Balboa Metered lot, and 6) Balboa Pier lot. In addition, the City
provides and maintains a small number of on-street parking spaces along Balboa
Boulevard, Palm Street, and Bay Avenue. The City intends to maintain public
parking facilities; however, should the need arise, the City may modify, add, or
remove parking spaces to ensure safe and efficient operations and meet parking
demand.
c. Planned Parking Facilities. Due to the high cost of land acquisition and
construction and the underutilization of existing parking, additional off-street
parking facilities are not necessary to meet the demand of existing uses. Parking
demand shall be monitored and evaluated by the City to determine whether
additional District parking is necessary, economical, appropriate, and desirable.
The City may acquire or lease parking facilities to make them available to the
public.
d. Required Off-Street Parking
L Non-residential Uses. No off-street parking shall be required for any new non-
residential use or intensification of uses except the following uses as defined
by the Implementation Plan: Assembly/Meeting Facilities, Commercial
Recreation and Entertainment, Cultural Institutions, all Marine Services Uses,
Schools, and Visitor Accommodations. Uses that require off-street parking
shall provide said spaces in accordance with Chapters 21.40 (Off-Street
Parking) and 21.38 (Nonconforming Uses and Structures).
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ii. Residential Uses. Residential uses shall provide parking in accordance with
Chapters 21.40 (Off-Street Parking) and 21.38 (Nonconforming Uses and
Structures).
iii. Existing off-street parking spaces shall be preserved unless the elimination of
spaces is authorized by the approval of a coastal development permit
application by the Zoning Administrator.
iv. Shared Parking for Non-residential Uses. Notwithstanding the Implementation
Plan requirement that off-street parking be reserved for the use it serves, the
shared use of parking is allowed and encouraged. Shared parking shall be
subject to the following requirements:
(A) Required Off-street Parking. When required, parking for non-residential
uses may be satisfied by leasing nearby parking spaces at off-site
locations within 1,250 feet of the parcel it serves. Development on
multiple parcels with reciprocal access agreements is considered one site
for parking purposes. If the spaces are required or otherwise leased to
other uses, the hours of operation shall not significantly overlap. The
distance between the parking facility and the use it serves shall be
measured along public walkways from the closest portion of the parking
facility to the main entrance of the use. The leasing of off-site parking to
satisfy required parking shall be maintained in perpetuity when the use
requires it and may only be discontinued if the use is discontinued.
(B) Excess Parking. Parking that is not necessary to satisfy off-street parking
requirements may be leased to other uses or made available to the
general public.
(C) Parking within Mixed-use Buildings. Parking for different uses within a
new, mixed-use building may be shared subject to the review and
approval of a coastal development permit application.
(D) The reduction of required parking associated with a shared parking
arrangement shall be subject to the review and approval of the Director
when in compliance with the following conditions:
(1) Shared parking spaces are within 1,250 feet as described in Section
21 .28.030.D.5.d.1;
(2) There is no significant overlap in the hours of operation or peak parking
demand of the uses sharing the parking;
(3) The use of the shared parking facility will not create traffic hazards or
impacts to surrounding uses;
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(4) The property owners involved in the shared parking facilities provide a
binding agreement or other legal instrument assuring the joint use of
the parking facilities subject to the satisfaction of the Director;
(5) The Director may require the preparation and implementation of a
parking management program to address potential parking conflicts.
(E) Section 20.41.110.A.2 (Joint Use of Parking Facilities) does not apply
within the Balboa Village Parking Management Overlay District.
v. Private Parking Facilities Available to the General Public. Non-residential, off-
street parking facilities are encouraged to be made available to the general
public, even if the parking facility is required for existing developments.
Subject to City Council review and approval, the City may enter into an
agreement with the property owner for the use and/or management of the
parking facility. Allowing general public access to private off-street parking
facilities shall not affect the property's conformance with its required off-street
parking. The agreement should at a minimum address hours of availability for
use by the general public, signage, maintenance, duration of agreement, and
liability.
e. Suspension of In-lieu Parking. Uses within the Balboa Village Parking
Management Overlay District shall not be eligible for in-lieu parking pursuant to
Section 21.40.130 (In-Lieu Parking Fee).
f. Voluntary Employee Parking. The City will develop and implement a voluntary
Balboa Village Employee Permit Program that will include reduced fees and
designated parking locations for employee parking during specified hours.
2. Amend the Coastal Zoning Map of Title 21 of the Newport Beach Municipal Code to include
the "PM-1" overlay district symbol to Balboa Village area as shown as Exhibit B-1 with all
other provisions of the Coastal Zoning Map remaining unchanged.
3. Amend Chapter 21.80 of the Newport Beach Municipal Code to and Map PM-1 as shown as
Exhibit B-2 and add Section 21.80.035 to read as follows, with all other provisions of Chapter
21.80 remaining unchanged:
21.80.035 — Parking Management Overlay District Maps.
PM-1 — Balboa Village Parking Management Overlay District
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EXHIBIT "C"
Oceanfront Encroachment Program (LC2013-002)
1. Amend Title 21, Appendix C, Section (B) of the Newport Beach Municipal Code add
Section (B)(4) to read as follows, with all other provisions of Section (B) remaining
unchanged:
4. The owner of any oceanfront residential parcel between and including 1400 East
Ocean Front and Channel Road may install improvements on the oceanside of
the parcel up to a maximum of 15 feet oceanward of the private property line
and within an oceanward prolongation of the property lines on the side of the
parcel.
2. Amend Title 21, Appendix C, Section (C)(2) of the Newport Beach Municipal Code to
read as follows, with all other provisions of Section (C) remaining unchanged:
2. Encroachments and improvements are prohibited oceanward of any ocean front
parcel from a point 250 feet southeast of E Street to and including 107 G Street,
with the exception of landscaping trees existing prior to October 22, 1991, and
groundcover.
3. Amend Title 21 , Appendix C, Section (M)(3) of the Newport Beach Municipal Code to
read as follows, with all other provisions of Section (M remaining unchanged:
3. Subsequent to the reconstruction of all West Newport street ends, at least
eighty-five percent (85%) of the fees generated by encroachments will be used
for the construction of improvements which directly benefit the beach going
public such as parking spaces, transportation alternatives, rest rooms, vertical
or lateral walkways along the beach and similar projects.
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