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HomeMy WebLinkAbout10 - Local Coastal Program Clean-up AmendmentTO: FROM CITY OF NEWPORT BEACH City Council Staff Report July 11, 2017 Agenda Item No. 10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager, PAlford@newportbeachca.gov PHONE: 949-644-3235 TITLE: Local Coastal Program Clean-up Amendment (LC2017-002) ABSTRACT: The California Coastal Commission (Coastal Commission) certified the City's Local Coastal Program (LCP) in January 2017. This LCP amendment addresses several issues that have arisen since the LCP was certified. These include recently adopted City land use and property regulations that occurred while the LCP was under Coastal Commission review, as well City staff's recommended clarification of certain LCP administrative procedures. RECOMMENDATION: a) Conduct a public hearing; b) Determine the action to adopt LCP Amendment No. LC2017-002 is statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a) (1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; and c) Adopt Resolution No. 2017-45, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Local Coastal Program Amendment No. LC2017-002 to the California Coastal Commission (PA2017-047). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Background On January 13, 2017, the Coastal Commission certified the City's LCP and the City assumed coastal development permit -issuing authority on January 30, 2017. 10-1 Local Coastal Program Clean-up Amendment (LC2017-002) July 11, 2017 Page 2 On April 11, 2017, the City Council referred the proposed LCP amendment to the Planning Commission. On May 4, 2017, the Planning Commission conducted a public hearing and adopted Planning Commission Resolution No. 2055 (Attachment C), recommending City Council approval of the LCP amendment (5 ayes, 0 noes, 2 absent). The minutes of the Planning Commission hearing are provided in Attachment D, and the public comments received are provided in Attachment E. Analysis When the City Council approved the Coastal Commission's suggested LCP modifications in November 2016, the City recognized that certain issues would be addressed through a follow-up LCP amendment. In addition, the City has adopted new land use and property regulations since the LCP was submitted to the Coastal Commission or after the LCP was certified that need to be incorporated into the LCP. Finally, in the early administration of the LCP, staff has identified some ambiguities that need clarification. These revisions are summarized in Table 1 below. It should be noted that with the exception of one proposed change to the Coastal Land Use Plan, all of the amendments are to the IP (Implementation Plan) component of the LCP. Table 1 LCP Clean-up Amendment Summary No. IP Section/CLUP Description Policy Lido Villas PC — Adds land use and property development regulations for the Lido Villas Planned Community. This planned community did not become effective until after the 1 New IP submission of the LCP to the Coastal Commission for 21.26.055(V) certification. The maximum number of dwelling units permitted is the same as what was allowed under the previous RM District and the height limit is 35 feet per the approved Coastal Development Permit. Revise IP Protective Devices — Revised to include language similar 2 21.30.015(E)(5) to IP Section 21.30.030(C)(3)(i)(iv) (to provide consistency "Waiver as to when a of Future Protection" is required). 10-2 Local Coastal Program Clean-up Amendment (LC2017-002) July 11, 2017 Page 3 No. IP Section/CLUP Description Policy Revise IP Restoring Shoreline Height Limit Exceptions — Allows 21.30.060(C) exceptions to the 35 -foot Shoreline Height Limitation Zone for assembly and meeting facilities, government facilities, architectural features, boat cranes, chimneys and vents, dormers, elevator shafts, flagpoles, landmark Revise IP buildings, light standards, mechanical equipment, solar 21.30.060(D) equipment, peaks of sloping roofs and other similar fixtures and exterior structures. The City has permitted such exceptions since the Shoreline Height Limitation Zone was adopted in 1972. New Shoreline Height Limit Exception — Allows government structures to exceed the height limit subject to the approval of a coastal development permit (CDP), if New IP the increase in height is necessary for the facility to 3 21.30.060(D)(16) function. Examples include lifeguard towers, tsunami - warning sirens, and architectural design features that accommodate emergency vehicles or essential equipment. Shoreline Height Policy — Modifies the Shoreline Height Limitation Policy in the Coastal Land Use Plan to reflect the above revisions to the IP. Also recognizes that, height limits in excess of 35 feet may be established as part of Modify an adopted planned community incorporated into the Coastal Land Use certified Local Coastal Program Implementation Plan via Plan P olio Policy an LCP amendment. The planned community must Policy 1 include 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. Landscape Maintenance Exception — Adds exceptions Modify IP to landscape maintenance standards during water supply 4 21.30.075(B)(4)(b) shortages. The City adopted these exceptions after the submission of the LCP to the Coastal Commission for certification. 10-3 Local Coastal Program Clean-up Amendment (LC2017-002) July 11, 2017 Page 4 No. IP Section/CLUP Description Policy Additions to Nonconforming Structures — Permits expansion of nonconforming residential structures up to 75 5 Modify IP percent with a coastal development permit. The City 21.38.040(G)(1) adopted an increase from 50 percent to 75 percent after the submission of the LCP to the Coastal Commission for certification. Waiver for De Minimis Development — Correctly Modify IP identifies the Community Development Director as the 6 21.50.020 review authority for CDP waivers for de minimis (Table 21.50-1) development; clarifies that the waiver does not take effect until after it is reported to the City Council. Notice of Final Action — Changes the time limit for Modify IP reporting the City's final action on a CDP from five (5) 7 21.52.015(H) days to seven (7) days to be consistent with IP Section 21.64.035(E) and California Code of Regulations Section 13570. CDP Exemption for Repair and Maintenance — Re - Modify IP numbers IP Section 21.52.035(C)(4)(c)(iii) to IP Section 8 21.52.035(C)(4)(c)(iii) 21.52.035(C)(4)(d) to correct a formatting error. This section relates to an exception from coastal development permit requirements for repair and maintenance projects. City Council Review of CDP Waivers — Corrects an ambiguity as to the number of City Council members required to object to a coastal development permit waiver. Modify IP The Coastal Commission's suggested modification set 9 21.52.055 (re- the number at "one-third of the City Council" followed by numbered as "two members" in parenthesis. Parliamentary procedure subsection F) requires at least one-third or three members. It is also unclear if this means one-third of all seven Council members or only those members present. Staff believes the simplest approach would be to set the number at two. 10-4 Local Coastal Program Clean-up Amendment (LC2017-002) July 11, 2017 Page 5 No. IP Section/CLUP Description Policy Modifications and Variances — Allows coastal development permits to include relief from zoning regulations authorized by modifications and variances. The LCP has no provision for minor modifications and variances when special circumstances result in hardships or the loss of property rights. This section does not allow 10 New IP modification/waiver of land use controls, density/intensity 21.52.090 limits, procedural requirements or specific prohibitions (e.g., 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.). This section also includes additional findings requiring consistency with the LCP and protection of coastal resources. CDP Public Hearing Waiver — Allows the Community New IP Development Director to waive the public hearing 11 21.62.050 requirement for coastal development permits involving minor development pursuant to Coastal Act Section 30624.9. 12 21.64.020(A) Appeals and Calls for Review — Corrects and clarifies 21.64.035(C)(2) procedures relating to appeals and calls for review. Staff added two more clean-up items since the Planning Commission reviewed the LCP amendment. Revision No. 7 above corrects an inconsistency in the time limit for the reporting of the City's notice of final action on a CDP. IP Section 21.52.015(H) incorrectly sets the time limit at five days while IP Section 21.64.035(E) correctly sets the time limit at seven days, pursuant to California Code of Regulations Section 13570. Revision No. 8 above corrects a formatting error in IP 21.52.035(C)(4)(c)(iii). This section relates to an exception from coastal development permit requirements for repair and maintenance projects. It is incorrectly shown as a subsection of the preceding subsection and needs to be renumbered to IP Section 21.52.035(C)(4)(d) to place it in the proper context. Although these revisions only correct scrivener's errors, they still require Coastal Commission approval as de minimis amendments. In summary, the recommended action is to authorize staff to the submit LCP Amendment No. LC2017-002 to the Coastal Commission for review and approval. These amendments will not become effective until after approval by the Coastal Commission and adoption (including any modifications suggested by the Coastal Commission) by the City Council at a future public hearing. 10-5 Local Coastal Program Clean-up Amendment (LC2017-002) July 11, 2017 Page 6 Coastal Commission Collaboration The City sent a Notice of Availability for the amendment to the Coastal Commission staff on February 28, 2017 and again on April 14, 2017. The City also sent a summary of the proposed LCP changes to the Coastal Commission staff on May 3, 2017, and requested their input. The City has not received any comments as of the publication of this report. ENVIRONMENTAL REVIEW Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), LCP Amendment No. LC2017-002 is 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. NOTICING: 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 a minimum of six weeks prior to the public hearing. Notice of this public hearing was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. Additionally, notice was sent to all persons and agencies on the Notice of the Availability mailing list. ATTACHMENTS: Attachment A — Draft Resolution Attachment B — Redline/Strikeout Version of Proposed LCP Amendment Attachment C — Planning Commission Resolution No. 2055 Attachment D — May 4, 2017, Planning Commission minutes Attachment E — Public Comments Received 10-6 Attachment A Draft Resolution 10-7 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-002 TO THE CALIFORNIA COASTAL COMMISSION (PA2017-047) WHEREAS, 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; WHEREAS, 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; WHEREAS, LCP Amendment No. LC2017-002 is 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; WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted (5 ayes, 0 noes, 2 absent) to adopt Planning Commission Resolution No. 2055, recommending City Council approval of LCP Amendment No. LC2017-002; WHEREAS, a public hearing was held by the City Council on July 11, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-002 were made available and a notice of the availability was distributed a minimum of six weeks prior to the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2017-002 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: The City Council does hereby further authorize City staff to submit the component amendments of LCP Amendment No. LC2017-002 to the California Coastal Commission grouped as either "de minimis," "minor" and/or "major," as necessary, based on direction received from California Coastal Commission staff. Section 3: LCP Amendment No. LC2017-002 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach. W., Resolution No. 2017 - Page 2 of 13 Section 4: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 7: Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-002 is 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), which 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. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 11th day of July, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY A TORNEY'S OFFICE Aa on C. Harp City Attorney 10-9 Resolution No. 2017 - Page 3 of 13 EXHIBIT A 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. 3. Amend Section 21.30.010.015(E)(5) and Section 21.30.015(E)(5)(a) of the Newport Beach Municipal Code to read as follows, 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: 10-10 Resolution No. 2017 - Page 4 of 13 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. 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). 10-11 Resolution No. 2017 - Page 5 of 13 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). 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. 10-12 Resolution No. 2017 - Page 6 of 13 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. 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 may be 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. 10-13 Resolution No. 2017 - Page 7 of 13 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. 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 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 read as follows, 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 10-14 Resolution No. 2017 - Page 8 of 13 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(6)(1) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.38.040(6)(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 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). 10-15 Applica Role of Review Authority (1) Type of Action ble Code Zoning Harbor Council Coastal Chapter Director Administrator Resources Commission (2) Commission /Section Manager Administrative and Legislative Interpretations Section 21.12.02 Determination Appeal Appeal Appeal (8) 0 (3) LCP Recommend Decision Decision (4) Amendments (4) Section Approvals in 21.52.01 Determination Determination Appeal pp Appeal pp Concept 5(B)(1)( (3) (5) a) Waiver for De Section Minimis 21.52.05 Decision (9) (9) Development 5 Permits and Approvals Coastal Section Decision 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). 10-15 Resolution No. 2017 - Page 9 of 13 (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. (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 Section 21.52.035(C)(4) of the Newport Beach Municipal Code to renumber Section 21.52.035(C)(4)(c)(iii) to Section 21.52.035(C)(4)(d) with all other provisions of 21.52.035(C)(4) remaining unchanged: d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single -unit residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. 9. Amend Section 21.52.052(H) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.52.052(H) remaining unchanged: H. Notice of Final Action. Within seven days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of Title 14 California Code of Regulations Section 13570, a notice of its final action shall be sent by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope. Such notice shall be accompanied by a copy of the exemption, denial or conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission. 10-16 Resolution No. 2017 - Page 10 of 13 10. Amend Section 21.52.055 of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.52.055 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. 11. 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: 21.52.090 Relief 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. 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: 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. 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 10-17 Resolution No. 2017 - Page 11 of 13 (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: i. Distances between structures located on the same lot; ii. Landscaping standards in compliance with Chapter 21.30.075 (Landscaping), except for subsection (B)(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). 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. 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: 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 10-18 Resolution No. 2017 - Page 12 of 13 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 5. 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. 12. Amend Chapter 21.62 of the Newport Beach Municipal Code to add Section 21.62.050 to read as follows, with all other provisions of Chapter 21.62 remaining unchanged: Section 21.62.050 Public Hearing Waiver for Minor Development. 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. 10-19 Resolution No. 2017 - Page 13 of 13 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. 13. 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). 14. 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. 10-20 Attachment B Redline/Strike-out Version of Proposed Amendments 10-21 Newport Beach Municipal Code Chapter 21.26 SPECIAL PURPOSE COASTAL ZONING DISTRICTS (OS, PC, PF, PI, PR, AND TS) Exceptions. Page 27/29 a. Hedges along the perimeter wall along Bayside Drive shall be limited to twelve (12) feet in height. b. Open-work walls and fences that are ninety (90) percent of the wall plane open (wrought iron in combination with pilaster) up to a maximum of six feet in height are permitted at the side property line of each waterfront lot (Lots 3-15) and extending into the rear yard from the setback line to the waterfront property line. C. Walls that extend in the same plane as the front (driveway street -side) wall of a dwelling into a required side yard for purposes of enhancing the entrance of an entry courtyard may be up to twelve (12) feet in height. 7. Parking. A minimum of two garage parking spaces shall be provided per dwelling. In addition, a minimum of two parking spaces (side by side, not tandem) shall be provided on the driveway to each garage of each single-family dwelling. A total of nineteen (19) curbside parking spaces shall be provided on the street that provides access to each buildable lot. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 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. 21.26.065 Planned Communities without Development Plans. A. Lido Peninsula (PC -6). Land uses and development limits are established by use permits and the polices of the Coastal Land Use Plan. 1. 630-670 Lido Park Drive (CM Area). a. Land Use. Land uses allowed within the CM Coastal Zoning District (Table 21.20-1). b. Intensity. Floor area to land area ratio of 0.5. 2. Cannery Village -700 Lido Park Drive (RM Area). a. Land Use. Land uses allowed within the RM Coastal Zoning District (Table 21.18-1). b. Density. Thirty-four (34) dwelling units. 3. Lido Peninsula Resort (RM Area). a. Land Use. Land uses allowed within the RM Coastal Zoning District (Table 21.18-1). b. Density. Two hundred seventeen (217) dwelling units. 4. Lido Peninsula Commercial (CM Area). 10-22 Newport Beach Municipal Code Page 6/38 Chapter 21.30 PROPERTY DEVELOPMENT STANDARDS e. An analysis of the following factors: i. Slope geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site; ii. Identification of the coastal bluff or canyon edge, where applicable; iii. Historic, current, and foreseeable erosion, including changes in shore configuration and sand transport; iv. Geologic conditions (e.g., soil, sediment, rock types and characteristics, etc.) in addition to structural features (e.g., bedding, joints, faults, etc.). The analysis shall include slope stability/failure analyses (i.e., analyses of the possibility that bluff retreat may occur suddenly and catastrophically through slope failure) and erosion rate estimates (i.e., estimates of the possible rate at which bluff retreat may occur over time); V. Evidence of past or potential landslide conditions, the implications of the condition for the proposed development, and the potential effects of the development on landslide activity; vi. Impact of construction activity on the stability of the site and adjacent area; vii. Ground and surface water conditions and variations, including hydrologic changes caused by the development; viii. The erosion potential of the site and mitigation measures to be used to ensure minimized erosion problems before and after proposed construction (i.e., landscape and drainage design); ix. Effects of marine erosion factoring in long-term (seventy-five (75) year) coastal bluff retreat projections for sea level rise; X. Potential effects of seismic forces resulting from a maximum credible earthquake; xi. Any other factors that might affect bluff, canyon, or shoreline stability; and xii. Identification of the geologic setback line (GSL) necessary to assure a 1.5 factor of safety (static) and 1.1 factor (pseudostatic) for seventy-five (75) years without reliance upon any deepened foundation system (e.g., caissons). 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 b. Remove and relocate all portions of a development, including associated fallen debris at the base of a bluff or canyon and/or State tidelands, if a government agency determines that the development is hazardous or a threat to the public. Fuel Modification. a. Applicability. This subsection provides standards for development within and adjacent to wildland fire hazard areas. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-23 Newport Beach Municipal Code Chapter 21.30 PROPERTY DEVELOPMENT STANDARDS Page 18/38 a. Top of Slab Elevation for Interior Living Areas. The minimum required top of slab elevation for interior living areas of all new development within flood hazard areas shall be as established by the Flood Insurance Rate Maps recognized by the Building Division as part of flood safety requirements and maps adopted by the Council. Notwithstanding the building elevations established by the Flood Insurance Rate Maps, the minimum required top of slab elevation for interior living areas of all new structures/new development shall be at least 9.00 (NAVD 88). i. Sea Level Rise. The minimum required top of slab elevation for interior living areas may be increased as necessary to minimize hazards associated with long-term sea level rise over the economic life of the structure identified in the coastal hazards report pursuant to Section 21.30.015(E)(2). To address the uncertainty inherent in sea level rise projections (see Appendix A), adjustments to the top of slab elevation may be based on a moderate sea level rise scenario within the projected range of possible sea level rise amounts identified by the current best available science, so long as the structure's design can, if necessary, accommodate future adaptation measures for the high sea level rise scenario that comply with the certified LCP and do not result in coastal resource impacts. b. Height Measurement. The height of a principal structure shall be measured from the top of slab elevation. Accessory Structures. i. The height of accessory structures, except fences, hedges, walls, and retaining walls (see Section 21.30.040) shall be measured from existing grade of the lot prior to construction. ii. Exception: When a new principal building is required to have the top of slab constructed at elevation 9.00 NAVD 88 and when the grade surrounding the new principal building is proposed to be increased, the height of accessory structures shall be measured from the proposed finished grade. 4. Structures on Ocean Boulevard. New structures and additions/changes to existing structures on the bluff side of Ocean Boulevard in Corona del Mar shall not be constructed to a height greater than the elevation of the adjacent curb. The top of curb height limit shall be established by a plane created by the extension of the top of curb line across each lot. 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). No inefease above thin five (35) feet y be authorized n,r seeti,,. Exceptions to Height Limits. 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)). 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 The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-24 Newport Beach Municipal Code Chapter 21.30 PROPERTY DEVELOPMENT STANDARDS Page 19/38 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 thity�fic-� _.; ter Height Limitation ,taboo Zone and thirty-seven (37) feet outside the ehEffeline Height r imitation Zone 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. 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 (3 1) feet. The height of a structure may be increased up to a maximum of thirty-five (35) feet with a flat roof or, outside the Shoreline Height Limitation gone 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 Where feasible, the project will restore and enhance visual quality in visually degraded areas_; and D. Exceptions to Height Limits. Exeept as speeified in subseetions (P)(3), (14) and (15) of this seetion, the follewing apply ever) -where OtheF than within the Shoreline Height Limitation Zone: 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). 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. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-25 Newport Beach Municipal Code Chapter 21.30 PROPERTY DEVELOPMENT STANDARDS Page 22/38 h. A fire 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 provide a governmental service to the public may be allowed to exceed the height limit subject to the gpproyal 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 towers, tsunami warning sirens, architectural design features that accommodate emergency vehicles or essential equipment, etc.). 21.30.065 Signs. A. Applicability. This section provides regulations for rooftop and freestanding signs. B. Prohibited Sign Types. The following signs and sign types shall be prohibited throughout all coastal zoning districts of the City: Pole signs. Roof signs. C. Billboard Policy. The City completely prohibits the construction, erection or use of billboards, other than those that legally exist in the City, or for which a valid permit has been issued and has not expired, as of the date on which this provision was first adopted. Permits shall not be issued for billboards that violate this policy, and the City will take immediate abatement action against billboards constructed or maintained in violation of this policy. The Council affirmatively declares that it would have adopted this billboard policy even if it were the only provision in this chapter. The Council intends for this billboard policy to be severable and separately enforceable even if other provisions of this chapter may be declared, by a court of competent jurisdiction, to be unconstitutional, invalid, or unenforceable. D. Standards for Freestanding Signs. Table 21.30-2 provides regulations for permanent freestanding signs. Table 21.30-2 Freestanding Signs Sign Class Allowed Sign Maximum Maximum Sign Maximum Sign Location Lighting Additional Types Number Area Height Requirements Allowed Requirements RESIDENTIAL COASTAL ZONING DISTRICTS Identificationsign Found sign 1 per multi -unit 12 sq. ft. Below eave of roof or parapet Near main Yes Cabinet signs Multi -unit uses use for wall sign entrance not allowed Residential At primary community Ground 2 per primary 40 sq. ft. total 6 ft. entrances to Indirect only Cabinet signs identification signs entrance residential not allowed community Signs for allowed Below eave of Near main Cabinet signs nonresidential uses Ground sign 1 peruse 12 sq. ft. roof or parapet entrance Yes not allowed for wall sign COMMERCIAL AND INDUSTRIAL COASTAL ZONING DISTRICTS Freestanding 1 freestanding Not to exceed Located on street sign allowed per 1 sq. ft. of sign 20 ft. in height frontage only. At signs. Permitted on site. area per lineal for pylon signs, least 15 feet from On-site sign sites with May be used in foot of primary or 8 ft. any building sign Yes minimum 50 combination with street frontage, maximum and 50 feet from ft. of other allowed 75 sq. ft. max. height and 6 ft. any freestanding frontage. building signs. per sign. maximum sign on an Additional signs average height adjacent site. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-26 Newport Beach Municipal Code Page 25/38 Chapter 21.30 PROPERTY DEVELOPMENT STANDARDS i. Environmentally Sensitive Habitat Areas (ESHA) and ESHA buffer areas. ii. Fuel modification zones abutting an ESHA and sites where a biological survey has identified significant natural habitat. iii. Natural habitat and nonurbanized areas. iv. Within fifty (50) feet of a designated environmentally sensitive habitat area. C. Dune Habitats. Plant materials in southern coastal foredune and southern dune scrub habitat areas shall be restricted to native plant species. d. ESHA Buffers. See Chapter 21.30B (Habitat Protection). e. Deciduous Trees. Landscape designs shall maximize the use of deciduous trees. f. Grouping of Plants. Plants having similar water use requirements shall be grouped together in distinct hydrozones. 4. Maintenance. a. Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan. 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 healthyrgrowing 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. C. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials. d. Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis. C. The nonnative and invasive ornamental plant species shall be removed in areas where such materials are restricted or prohibited by subsection (B)(3)(b) of this section. f. Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible. C. Water Waste Prohibited. Water waste resulting from an inefficient irrigation system leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures is prohibited. Use of recycled/reclaimed water for irrigation instead of potable water is encouraged. D. Fuel Modification. See Section 21.30.015(E)(6). (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.30.085 Water Efficient Landscaping. A. Applicability. All planting, irrigation, and landscape -related improvements required by this section shall apply to the following: 1. New landscape installations with a landscaped area equal to or greater than five hundred (500) square feet or which otherwise require a ministerial permit for a landscape or water feature; 2. Landscape rehabilitation projects with a landscaped area equal to or greater than two thousand five hundred (2,500) square feet or which otherwise require a ministerial permit for a landscape or water feature. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-27 Newport Beach Municipal Code Page 1/2 21.38.040 Nonconforming Structures. Nonconforming structures may be maintained, altered, or added on to only in compliance with the provisions of this section. A. Maintenance and Repairs. Routine maintenance and repairs may be made to nonconforming principal and accessory structures. The replacement of fifty (50) percent or more of a structure is not repair and maintenance but instead constitutes a replacement structure. B. Nonstructural Alterations. Changes to interior partitions or other nonstructural improvements may be made to nonconforming principal structures, but shall not be made to accessory structures. C. Structural Alterations. Structural elements, with the exception of foundations of nonconforming principal structures (see subsection (D) of this section), may be modified, repaired, or replaced when the proposed improvements do not increase the degree of nonconformity. Structural alteration of nonconforming accessory structures is not allowed. D. Foundation Alterations. Routine maintenance and repairs may only be made to foundations of nonconforming principal structures if the foundation is not within a geologic setback or bulkhead setback area. A foundation of a nonconforming principal structure may be repaired or maintained when necessary and in conjunction with additions allowed in compliance with subsection (G) of this section and Section 21.38.060(A). For any alterations beyond routine repair or maintenance, the nonconforming structure shall be required to be brought into compliance with all applicable standards and regulations of this Implementation Plan, except as provided in subsection (F) of this section. Alterations to nonconforming accessory structures shall not be allowed. E. Seismic Retrofits. Alterations to nonconforming structures due to seismic retrofitting requirements are allowed in compliance with the California Existing Building Code. F. Reasonable Accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Federal and State fair housing laws shall be allowed. G. Additions. Nonconforming structures may be expanded and the existing nonconforming elements of the structure shall not be required to be brought into compliance with the development standards of this Implementation Plan subject to the following limitations and the limitations provided in Section 21.38.060 (Nonconforming Parking): 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. 2. The floor area of any addition, together with the floor area of the existing structure, shall not exceed the allowed maximum floor area for the coastal zoning district; 3. The addition shall comply with all applicable development standards and use regulations of this Implementation Plan; and 4. Additional parking shall be provided in compliance with Section 21.38.060 (Nonconforming Parking). H. Nonconformity with Coastal Resource Protection Regulations. If a structure is nonconforming due to a coastal resource protection development regulation of Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section 21.30.030 (Natural Landform and Shoreline Protection), Chapter 21.30A (Public Access and Recreation), or Chapter 21.30B (Habitat Protection) and when proposed development such as alterations or additions would involve demolition or replacement of more than fifty (50) percent of the exterior walls, or foundation of an existing structure, the entire structure shall be brought into conformity with all current development regulations and all applicable policies of the certified Local Coastal Program. I. Exceptions. 10-28 Newport Beach Municipal Code Chapter 21.50 PERMIT APPLICATION FILING AND PROCESSING Chapter 21.50 PERMIT APPLICATION FILING AND PROCESSING Sections: Type of Action Applicable Code Harbor 21.50.010 Purpose. 21.50.020 Authority for Decisions. 21.50.025 Projects Bisected by Jurisdictional Boundaries. 21.50.030 Application Preparation and Filing. 21.50.040 Application Fees. 21.50.050 Initial Application Review. 21.50.060 Project Evaluation and Staff Reports. 21.50.070 Environmental Review. 21.50.080 Posting Notice. Page 115 21.50.010 Purpose. This chapter provides procedures and requirements for the preparation, filing, and processing of permit applications required by this Implementation Plan. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.50.020 Authority for Decisions. A. Review Authority. Table 21.50-1 (Review Authority) identifies the review authority responsible for reviewing and making decisions on each type of application required by this Implementation Plan. TABLE 21.50-1 REVIEW AUTHORITY Role of Review Authority (1) Type of Action Applicable Code Harbor Chapter/Section Director Zoning Resources Commission Council (2) Coastal Administrator Manager Commission Administrative and Legislative Interpretations Section 21.12.020 Determination Appeal Appeal Appeal (8) LCP Amendments Recommend Decision (4) Decision (4) Approvals in Section Determination Determination Appeal Appeal Concept 21.52.015(B)(1)(a) (3) (5) Waiver for De r�o Minimis Section 21.52.055 Decision (9) 1 Appealn Development ermits and Approvals Coastal Development Section 21.52.015 Decision (6) Appeal Appeal Decision (7) Permits Appeal (2) Emergency Coastal Development Permits Section 21.52.025 Decision (3) Appeal Appeal Notes: The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-29 Newport Beach Municipal Code Chapter 21.50 PERMIT APPLICATION FILING AND PROCESSING Page 2/5 (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 hnplementation 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. (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). (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.50.025 Projects Bisected by Jurisdictional Boundaries. A. Projects Bisected by Coastal Zone. Where a proposed project site is physically located both within and outside the coastal zone, the following procedures apply: 1. A coastal development permit shall be required for a lot or parcel proposed for subdivision that is bisected by the coastal zone boundary. 2. For any development involving a structure or similar integrated physical construction partially in the coastal zone, a coastal development permit shall be required for the development in the coastal zone. B. Projects Bisected by City and Coastal Commission Jurisdiction. Where a proposed development is located within both the Coastal Commission's and City's coastal development permit jurisdictions, coastal development permits are required by both the City and the Coastal Commission. Alternatively, if the applicant, the City and the Coastal Commission agree, the Coastal Commission can process a consolidated coastal development permit application pursuant to the procedures in Public Resources Code, Section 30601.3. C. Projects Bisected by Different Local Government Jurisdictions. If a project straddles the boundaries of the City and another local government, the applicant must obtain separate coastal permits from each jurisdiction. An exception is possible for public agencies that, pursuant to California Public Resources Code Section 30605, may obtain one "Public Works Plan" approval from the Coastal Commission, in lieu of locally issued coastal permits. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.50.030 Application Preparation and Filing. A. Application Contents. Each permit application required by this Implementation Plan shall be filed with the Department on the appropriate City application form, together with all required fees and/or deposits and all other information and materials specified by the Director for the specific type of application. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-30 Newport Beach Municipal Code Page IA I Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES Sections: 21.52.010 Purpose. 21.52.015 Coastal Development Permits. 21.52.025 Emergency Coastal Development Permits. 21.52.035 Projects Exempt from Coastal Development Permit Requirements. 21.52.045 Categorical Exclusions. 21.52.055 Waiver for De Minimis Development. 21.52.075 Coastal Commission Review of Recorded Access Documents. 21.52.090 Relief from Implementation Plan Development Standards 21.52.010 Purpose. This chapter provides procedures to ensure that all public and private development in the coastal zone is consistent with the California Coastal Act of 1976 (Division 20 of the Public Resources Code) as amended, in accordance with the City's Local Coastal Land Use Plan and the City's Local Coastal Program. The provisions of this chapter shall apply in the coastal zone, as defined by the Coastal Act. Furthermore, the provisions of this chapter, and as applicable the Coastal Act and regulations, shall be utilized to determine whether or not a proposal in the City's permitting jurisdiction constitutes development and whether or not that development requires a coastal development permit or is exempt. No provision contained in any other chapter of the Implementation Plan, nor in any other City policy or regulations, shall be used in such determinations. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.52.015 Coastal Development Permits. A. Coastal Development Permit Required. Any development in the coastal zone shall require a coastal development permit issued by the City pursuant to Chapter 21.50, or the Coastal Commission, unless exempt or excluded from coastal development permitting requirements. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms and conditions of the permit. The requirements for obtaining a coastal development permit shall be in addition to requirements to obtain any other permits or approvals required by other articles of this title, other City ordinances or codes or from any state, regional or local agency. If conflicts between this chapter and other city ordinances or codes arise, this chapter shall govern. B. Permit Jurisdiction. After the effective certification of the LCP and the Coastal Commission's delegation of authority to the City, the City shall issue all coastal development permits for development not located within the Coastal Commission's permit jurisdiction. 1. Coastal Development Permit Issued by the Coastal Commission. Developments on tidelands, submerged lands, and public trust lands as described in Public Resources Code Section 30519(b) and in deferred certification areas designated by the certified Local Coastal Program require a permit or exemption issued by the Coastal Commission in accordance with the procedure as specified by the Coastal Act. Areas of Coastal Commission permit jurisdiction and deferred certification areas are generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map. a. Approval in Concept. All development in areas where the Coastal Commission retains coastal development permit authority shall require conceptual approval from the City prior to application to the Coastal Commission. An approval in concept indicates that the proposed development conforms in concept to all City land use and development regulations, including any applicable discretionary actions, and therefore entitles the applicant to apply to the Coastal Commission for a coastal development permit. 2. Coastal Development Permit Issued by the City. All development requires a coastal development permit unless specifically exempted or excluded. After certification of the LCP, the City shall issue all coastal development permits and exemptions or exclusions for development not located within the Coastal Commission's permit jurisdiction. 10-31 Newport Beach Municipal Code Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES Page 2/11 C. Application Filing, Processing, and Review. An application for a coastal development permit shall be filed and processed in compliance with Chapter 21.50 (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. Public Notice and Hearing Provisions. 1. Public Hearing Required. A public hearing shall be required before the decision on any coastal development permit application for development that is not exempted or excluded. 2. Notice. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Chapter 21.62 (Public Hearings). E. Review Authority. The review authority identified in Table 21.50-1 (Section 21.50.020) is designated to approve, conditionally approve, or deny applications for coastal development permits and the modification or revocation thereof, in compliance with the procedures provided in this section. The review authority may not exercise its power to grant or deny applications for coastal development permits in a manner which will take or damage private property for public use, without the payment of just compensation therefor. F. Findings and Decision. The review authority may approve or conditionally approve a coastal development permit application, only after first finding that the proposed development: Conforms to all applicable sections of the certified Local Coastal Program; 2. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. G. Conditions of Approval. The review authority may impose such reasonable terms and conditions in connection with the granting of a coastal development permit as deemed necessary ensure that the development will be in accordance with the certified Local Coastal Program and, if applicable, the public access and public recreation policies of Chapter 3 of the Coastal Act, and may require guarantees and evidence that such conditions are being or will be complied with. H. Notice of Final Action. Within seven days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of Title 14 California Code of Regulations Section 13570, a notice of its final action shall be sent by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope. Such notice shall be accompanied by a copy of the exemption, denial or conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission. I. Post -Decision Procedures. The procedures and requirements in Chapter 21.54 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Part 6 of this Implementation Plan (Implementation Plan Administration) shall apply following the decision on a coastal development permit application or exemption. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.52.025 Emergency Coastal Development Permits. In the event of a verified emergency, temporary permits to proceed with remedial measures may be authorized by the Director until such time as a full coastal development permit shall be filed. A. Application. An emergency coastal development permit application shall be made to the Director in writing, or if, in the opinion of the Director, time does not allow written application, the application may be made orally in person or by telephone or electronic mail and shall include the following: A description of the nature or cause of the emergency and location of the emergency; The location of the protective or preventative work required to deal with the emergency; 10-32 Newport Beach Municipal Code Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES Page 6/11 iv. The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty (20) feet of coastal waters or streams. b. Any method of routine maintenance dredging that involves: i. The dredging of one hundred thousand (100,000) cubic yards or more within a twelve (12) month period; or ii. The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or any sand area, or within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty (20) feet of coastal waters or streams; or iii. The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Coastal Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use. C. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, or any sand area, within fifty (50) feet of the edge of a coastal bluff or environmentally sensitive habitat area; or within twenty (20) feet of any coastal waters and streams that include: i. The placement or removal, whether temporary or permanent, of riprap, rocks, sand or other beach materials or any other forms of solid materials; ii. The presence, whether temporary or permanent, of mechanized equipment or construction materials, except that the use of such equipment solely for routine beach cleaning and park maintenance shall not require a coastal development permit; All repair and maintenance activities governed by subsection (D)(4) of this section shall be subject to the permit regulations promulgated pursuant to the Coastal Act, including but not limited to the regulations governing administrative and emergency permits. The provisions of subsection (D)(4) of this section shall not be applicable to those activities specifically in the document entitled Repair, Maintenance and Utility Hookups, adopted by the Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetlands, or public views to the ocean. iiid. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single -unit residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. In any particular case, even though an improvement falls into one of the classes set forth in this subsection (C)(4), the Director may, upon finding that the impact of the development on coastal resources or coastal access to be insignificant, waive the requirement of a permit pursuant to Section 21.52.055 (Waiver for De Minimis Development). 5. Utility Connections. The installation, testing and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to the Coastal Act or the certified LCP; provided, however, that the City or the Coastal Commission may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources. 6. Replacement of Structures Destroyed by Disaster. The replacement of any structure, other than a public works facility, destroyed by a disaster, provided the following requirements are met: a. The use of the replacement structure is the same as the use of the destroyed structure; 10-33 Newport Beach Municipal Code Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES Page 9/11 7. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision. 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 Community Development 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 R two members of the City Council ('we ri.oWbe .s` 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. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.52.075 Coastal Commission Review of Recorded Access Documents. A. Standards and Procedures. Upon final approval of a coastal development permit or other authorization for development, and where issuance of the permit or authorization is conditioned upon the applicant recording a legal document which restricts the use of real property or which offers to dedicate or grant an interest or easement in land for public use, a copy of the permit conditions, findings of approval, and drafts of any legal documents proposed to implement the conditions shall be forwarded to the Coastal Commission for review and approval prior to the issuance of the permit consistent with the following procedures and California Code of Regulations Section 13574: 1. The Executive Director of the Coastal Commission shall review and approve all legal documents specified in the conditions of approval of a coastal development permit for public access and conservation/open space easements. a. Upon completion of permit review, and prior to the issuance of the permit, the City shall forward a copy of the permit conditions, findings of approval, and copies of the legal documents to the Executive Director of the Coastal Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies; b. The Executive Director of the Coastal Commission shall have fifteen (15) working days from receipt of the documents in which to complete the review and notify the City of recommended revisions if any; C. The City may issue the permit upon expiration of the fifteen (15) working day period if notification of inadequacy has not been received by the City within that time period; d. If the Executive Director has recommended revisions to the City, the permit shall not be issued until the deficiencies have been resolved to the satisfaction of the Executive Director; or 2. At the time of coastal development permit approval, if the City requests, the Coastal Commission shall delegate to the City the authority to process the recordation of the necessary legal documents pertaining to the public access and open space conditions. Upon completion of the recordation of the documents the City shall forward a copy of the permit conditions and findings of approval and copies of the legal documents pertaining to the public access and open space conditions to the Executive Director of the Coastal Commission. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 10-34 Newport Beach Municipal Code Page 10/11 Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES 21.52.090 Relief 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: 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. Chimnevs. 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. Flagpoles 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: i. Distances between structures located on the same lot: ii. Landscaping standards in compliance with Chapter 21.30.075 (Landscaping), except for subsection (B)(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; 10-35 Newport Beach Municipal Code Page 11/11 Chapter 21.52 COASTAL DEVELOPMENT REVIEW PROCEDURES 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 pprove or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the followings: 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. Thergranting 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 4-.5. Therg anting 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. 10-36 Newport Beach Municipal Code Chapter 21.62 PUBLIC HEARINGS Page 3/4 5. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not be grounds to invalidate the actions of the applicable review authority. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.62.030 Hearing Procedure. A. Time and Place of Hearing. A hearing shall be held at the date, time, and place for which notice was given. B. Continued Hearing. A hearing may be continued without further notice, provided the official or chair of the review authority announces the date, time, and place to which the hearing will be continued before the adjournment or recess of the hearing. C. Deferral of Final Decision. The review authority may announce a tentative decision and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.62.040 Decision. A. Decision. 1. The review authority may announce and record their decision on the matter being considered at the conclusion of a scheduled hearing, or defer action and continue the matter to a later meeting in compliance with Section 21.62.030 (Hearing Procedure). 2. The Director or Zoning Administrator, as applicable, may instead refer the matter to the Commission for a decision. B. Effective Date of Decision. 1. The decision of the applicable review authority is final and effective at the end of the applicable appeal period. 2. The decision of the Council shall be final on any coastal development permit matter except for an appealable coastal development permit as specified in the notice in compliance with Section 21.62.020 (Notice of Public Hearing), above, and as specified in Section 21.64.035 (Appeal to the Coastal Commission). (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.62.050 Public Hearing Waiver for Minor Development. 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 followingoccur: ccur: The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-37 Newport Beach Municipal Code Chapter 21.62 PUBLIC HEARINGS Page 4/4 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 ppeal 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. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-38 Newport Beach Municipal Code Chapter 21.64 APPEALS AND CALLS FOR REVIEW Chapter 21.64 APPEALS AND CALLS FOR REVIEW Sections: 21.64.010 Purpose. 21.64.020 Appeals or Calls for Review. 21.64.030 Filing and Processing of Appeals and Calls for Review. 21.64.035 Appeal to the Coastal Commission. 21.64.050 Judicial Review of City Decision. Page 1/4 21.64.010 Purpose. The purpose of this chapter is to provide procedures for the appeal or call for review of determinations and decisions of the Director, Zoning Administrator, and Planning Commission, and to establish provisions for appeals to the Commission and Coastal Commission. Any provision of this Implementation Plan relating to appeals shall be considered a call for review and processed according to this chapter when initiated by a member of the Commission or City Council under Section 21.64.030(A) if the purpose for the call for review is to bring the matter in front of the entire body for review. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.64.020 Appeals or Calls for Review. 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). B. Zoning Administrator. Decisions of the Zoning Administrator may be appealed or called for review to the Planning Commission. C. Planning Commission. Decisions of the Commission may be appealed or called for review to the Council. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.64.030 Filing and Processing of Appeals and Calls for Review. A. Eligibility. Appeals may be initiated by any interested party. Calls for review may be initiated by a member of the Planning Commission or City Council, in the member's official capacity, if the purpose for the call for review is to bring the matter in front of the entire body for review. B. Timing and Form of Appeal and Calls for Review. An appeal shall be submitted in writing and shall state the facts and basis for the appeal. A call for review initiated by a member of the Commission or City Council, in their official capacity, shall be submitted in writing and shall be for the purpose of bringing the matter in front of the entire body for review. General Appeals. a. Filing an Appeal or Call for Review. An appeal or call for review shall be filed with the Director or City Clerk, as applicable, within fourteen (14) days following the date the action or decision was rendered. i. Appeals addressed to the Commission shall be filed with the Director on forms provided by the Department; and ii. Appeals addressed to the Council shall be filed with the City Clerk on forms provided by the Clerk. iii. Calls for review addressed to the Planning Commission shall be filed with the Director on forms provided by the Department; and iv. Calls for review addressed to the City Council shall be filed with the City Clerk on forms provided by the Clerk. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-39 Newport Beach Municipal Code Chapter 21.64 APPEALS AND CALLS FOR REVIEW Page 3/4 3. In the event of a tie vote by the review authority on an appeal or call for review, the decision being appealed shall stand. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) 21.64.035 Appeal to the Coastal Commission. A final action taken by the City on a coastal development permit application for appealable development as defined in subsection (A) of this section may be appealed to the Coastal Commission in compliance with this section and Title 14 California Code of Regulations Sections 13111 through 13120 and Section 30603 of the Coastal Act. If there is any conflict between the provisions of this section or Title 14 California Code of Regulations Sections 13111 through 13120 and Section 30603 of the Coastal Act, Title 14 California Code of Regulations Sections 13111 through 13120 and Section 30603 of the Coastal Act shall control. A. Appealable Development—Public Resources Code Section 30603(a). A decision by the City on a coastal development permit application within the appeal areas identified in Public Resources Code Section 30603(a) as generally depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or on any development approved or denied by the City on a coastal development permit application for a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission. B. Status of Appellant. 1. Who May Appeal. An appeal may be filed by an applicant, an aggrieved person, or two members of the Coastal Commission in compliance with Public Resources Code Section 30625. 2. Aggrieved Person Defined. As provided by Public Resources Code Section 30801, an aggrieved person is any who, in person or through a representative, appeared at a public hearing held before the Zoning Administrator, Planning Commission, or Council in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of their concerns or who for good cause was unable to do either. C. Exhaustion of City Appeals Required. An applicant or other aggrieved person may appeal a City decision on a coastal development permit application to the Coastal Commission only after exhausting all appeals to the Planning Commission and Council in compliance with this chapter. Except that exhaustion of all local appeals shall not be required if any of the circumstances identified in Code of Regulations Section 13573 apply, including, but not limited to, the following circumstances: 1. An appellant was denied the right of the initial local appeal under this chapter because City notice and hearing procedures did not comply with Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 17 of the California Code of Regulations; or 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). They Director may transmit the Coastal Commissioners' appeal to the local appellate body (which considers appeals from the-lesa� belly 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 that4ee-a4 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. D. Grounds for Appeal to Coastal Commission—Public Resources Code Section 30603. The grounds for an appeal to the Coastal Commission of a City final action on a coastal development permit application are as follows: 1. For approval of a coastal development permit as described in subsection (A) of this section, an allegation that the project does not conform to the standards of the Local Coastal Program or the public access policies of the Coastal Act; 2. For denial of a development described in subsection (A) of this section, an allegation that the project conforms to the standards of the Local Coastal Program and the public access policies of the Coastal Act. The Newport Beach Municipal Code is current through Ordinance 2017-01, passed January 24, 2017. 10-40 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, 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.eXGept fGF the felle ,ing sites: �At` least t -I—.l% of the -to-t�rea�ofr �T site be 35 foot in height or !ewer. 10-41 10-42 Attachment C Planning Commission Resolution No. 2055 10-43 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 10-44 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. 01-03-17 10-45 Planning Commission Resolution No. 2055 Page 3 of 20 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--yj 01-03-17 10-46 Planning Commission Resolution No. 2055 Page 4 of 20 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. 01-03-17 10-47 3. Amend Section 21.30.010.015(E)(5) and Municipal Code to include the following remaining unchanged: Planning Commission Resolution No. 2055 Paae 5 of 20 Section 21.30.015(E)(5)(a) of the Newport Beach text, with all other provisions of Section 21.30.015 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. 01-03-17 Planning Commission Resolution No. 2055 Paae 6 of 20 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). 01-03-17 10-49 Planning Commission Resolution No. 2055 Paqe 7 of 20 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. 01-03-17 10-50 Planning Commission Resolution No. 2055 Paae 8 of 20 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. 01-03-17 10-51 Planning Commission Resolution No. 2055 Paae 9 of 20 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 01-03-17 10-52 Planning Commission Resolution No. 2055 Paae 10 of 20 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(6)(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 01-03-17 10-53 Applicab Role of Review Authority (1) Type of Action le Code Chapter/ Zoning Harbor Council Coastal Section Director Administrator Resources Commission (2) Commission Manager 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 01-03-17 10-53 Planning Commission Resolution No. 2055 Paqe 11 of 20 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. 01-03-17 10-54 Applicab Role of Review Authority (1) Type of Action le Code Harbor Chapter/ Zoning Council Coastal Section Director Administrator Resources Commission (2) Commission Manager s'�. a� ,�St9r-, Permitsrand Aprovals _" F ra !n 1 1 �,. E_� . yf, J� � 'T.nP . 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 Permits 5 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. 01-03-17 10-54 Planning Commission Resolution No. 2055 Page 12 of 20 (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: 01-03-17 10-55 Planning Commission Resolution No. 2055 Paqe 13 of 20 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. 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: 01-03-17 10-56 Planning Commission Resolution No. 2055 Paae 14 of 20 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: 01-03-17 10-57 Planning Commission Resolution No. 2055 Page 15 of 20 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: 01-03-17 10-58 Planning Commission Resolution No. 2055 Paqe 16 of 20 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. 01-03-17 10-59 Planning Commission Resolution No. 2055 Paae 17 of 20 EXHIBIT "B" Balboa Village Parking Management Overlay District (LC2017-001) 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 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). 01-03-17 10-60 Planning Commission Resolution No. 2055 Paae 18 of 20 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; 01-03-17 10-61 Planning Commission Resolution No. 2055 Page 19 of 20 (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). 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 01-03-17 10-62 Planning Commission Resolution No. 2055 Paae 20 of 20 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. 01-03-17 10-63 Attachment D Planning Commission Minutes 10-64 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/01/2017 In reply to Vice Chair Koetting's inquiry, Senior Planner Murillo explained the graph found on page 59. Yellow lots are conventional zoning for single-family. Purple lots are the single-family equivalent within planned community neighborhoods. Approximately 60 percent of single-family lots with conventional zoning would comply with the 5,000 square foot lot standard, and 85 percent of lots in planned communities would comply with that standard. In response to Chair Kramer's question, Senior Planner Murillo stated the difference between maps on pages 55 and 59 is Newport Shores, Eastbluff, Bayshores, and some lots on Lido Isle and the Peninsula. Page 55 has a map of properties eligible for conversion. If the minimum lot size requirement is removed, then all those properties would be eligible for construction of new ADUs. In reply to Vice Chair Koetting's question regarding current requests, Senior Planner Murillo reported staff talked with four individuals about ADUs. One property owner is working on plans for an ADU, and her property would comply with the proposed regulations. In response to Commissioner Hillgren's inquiry regarding urgency, Deputy Director Wisneski indicated there is no urgency for the Planning Commission to act. The City has been complying with the State law since January 1. Staff has not received any applications for ADUs and the one potential application is in compliance with the proposed regulations. Staff can return to the Planning Commission with any additional information it requests. Commissioner Hillgren noted the City's previous policy against ADUs. The City is attempting to impose reasonable restrictions that follow the State's intentions and also preserve the City's intentions. In reply to Commissioner Hillgren's questions, Senior Planner Murillo advised that staff sent public hearing notices to all HOAs on file with the City at least ten days prior to the hearing. Motion made by Chair Kramer and seconded by Commissioner Dunlap to continue the item. AYES: Kramer, Koetting, Zak, Dunlap, Hillgren, Weigand NOES: None ABSTAIN: None ABSENT: Lawler Commissioner Dunlap expressed concern about the few public comments given the potential effects on many residences. He questioned whether staff could make a broader public announcement. There should have been a workshop on the topic. ITEM NO. 3 LOCAL COASTAL PROGRAM AMENDMENTS (PA2017-047, PA2017-046 & PA2013-057) Site Location: Citywide Deputy Director Wisneski reported the amendment for the Oceanfront Encroachment Program was presented to the Planning Commission in midcycle of the Implementation Plan (IP). The Balboa Village program was part of the IP originally approved by the City, but the Coastal Commission removed it from the approved program. The Planning Commission took action on the Oceanfront Encroachment Program in 2015. The City Council amended the regulations in June 2016. The amendment concerns an area of the Peninsula from G Street down to Channel Road where properties have encroached beyond their property lines. Property owners have received violations from the Coastal Commission because of encroachments into the public right-of-way. Staff proposes to create an encroachment program similar to that in West Newport. The public right-of-way allows the City to implement a 15 - foot encroachment program so that property owners can purchase annual encroachment permits for minimal improvements. Because the area is only 15 feet, public access would be maintained. The proposed amendment would include Zoning Code regulations in the Implementation Plan. In response to Chair Kramer's questions, Deputy Director Wisneski advised that the fee would depend on how far the property owner encroached and the market rate of the property. Staff conducted a market analysis in 2016, which would be reevaluated when the program is adopted. The permit cost would be the amount of square footage of the encroachment multiplied by a fixed number. Page 4 of 8 10-65 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/01/2017 In reply to Vice Chair Koetting's inquiries, Deputy Director Wisneski indicated the maximum distance a property owner can encroach is 15 feet beyond his property. Principal Planner Jim Campbell reported the City adopted the Balboa Village Parking Management Overlay District in early 2015 as an offshoot of the Balboa Village Master Plan Revitalization Plan. There was extensive public outreach leading up to adoption of the Balboa Village Master Plan and adoption of ordinances. The area covered is Adams Street to A Street. The proposed district would affect the regulation of parking inside that area for commercial uses only. Residential uses would be required to provide parking, but most commercial uses would not. Some commercial uses that generate a significant amount of parking are excluded from the program and could create an impact to public access. The program maintains off-street parking facilities and allows shared use of parking. Staff received a comment letter from an attorney on behalf of Stop Polluting Our Newport (SPON) suggesting that the program is not consistent with the Coastal Act because it does not allow marine services uses to have the same benefit that other commercial uses might have. Staff believes this program is consistent with the Coastal Act in that it helps remove some barriers and helps support visitor -serving uses in the area. Marine service uses, commercial recreation and entertainment, cultural institutions, schools, visitor accommodations, and meeting/assembly facilities could generate parking that would impact public access, which staff wants to control and evaluate on a case-by-case basis. The proposed amendment does not prohibit those uses, but it requires them to provide parking. In reply to Secretary Zak's question, Principal Planner Campbell advised that the Zoning Code does not require commercial uses in Balboa Village to secure off-street parking. Planning Program Manager Patrick Alford stated that the City had to prioritize amendments to the IP, because it is limited to three applications to the Coastal Commission each year. He added that it was anticipated that a set of clean-up amendments would be needed. He noted that the Executive Director of the Coastal Commission indicated that this was a common occurrence following certification. Staff proposes restoring the exceptions to the shoreline height limit; provisions for modifications and variances; waiving the public hearing requirement for minor development; adding the Lido Villas Planned Community to the Implementation Plan; including a landscape maintenance exception during water shortages; and allowing increases of floor area for nonconforming structures from 50 percent to 75 percent. He provided details on each of these items in a PowerPoint presentation. In reply to Vice Chair Koetting's inquiries, Planning Manager Alford defined a minor development as a project that is consistent with the certified LCP, requires no other discretionary approvals, and has no impact to either coastal access or coastal resources. The definition of development under the Coastal Act and the City's LCP is very broad and covers the removal of vegetation, the erection of minor structures, such as a fence, and even the posting of signs, in some cases. Items not categorically excluded or not exempt under the LCP would require a Coastal Development Permit. Basically, the process would remain the same as for any other coastal development permit, but there would be no requirement for a public hearing. In response to Secretary Zak's questions, Planning Manager Alford advised that the City Council and the Coastal Commission would need to approve the amendments. Staff sent the Coastal Commission a notice of availability outlining in detail the proposed amendments. City staff and Coastal Commission staff have worked out a fairly reasonable program to present information in small portions to facilitate Coastal Commission review. There are three types of coastal amendments: correction of minor errors, minor amendments not involving any change in land use intensity, and major amendments potentially allowing more intense development. Staff is trying to minimize modifications to the document. However, a number of modifications are necessary. Staff believes they can provide language acceptable to the Coastal Commission. In reply to Vice Chair Koetting's inquiries, Planning Manager Alford stated amendments pertaining to the Lido House are clean-up items and will be submitted under a separate amendment. The City is limited to three sets of amendments per year and has already submitted one set. It is important to breakout minor amendments because there is no limit on those. Chair Kramer opened the public hearing. David Marin requested clarification of his property at 1319 East Balboa being excluded from the encroachment program. The property at 1317 East Balboa is also excluded and listed as tidelands property, but it was given an encroachment permit in 1991. Page 5 of 8 10-66 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/01/2017 Deputy Director Wisneski reported staff reviewed the issue extensively. The area beyond the City's right-of-way and private property is public tidelands. The City does not have the ability to implement an encroachment program in that area because the area is precluded from any type of private improvements. The encroachment zone changes at 1317 East Balboa which allows an encroachment of that property. Unfortunately, the properties without the right-of-way in front of them do not have the benefit of participating in the encroachment permit program. Planning and City Attorney staff reviewed maps, past deed restrictions, and settlements that have established these zones and property boundaries. Chair Kramer suggested Mr. Marin consult with staff outside of the meeting to obtain further clarification. Jim Mosher commented that the Planning Commission should continue the item as the amendments were not ready for review. The City's webpage for the Local Coastal Program is confusing and out of date. The shoreline height limit is completely inconsistent with the Local Coastal Plan. There is no Coastal Land Use Policy 3.13; perhaps it should be Section 3.1.3. Staff is proposing policies that will allow things in conflict with the Coastal Land Use Plan. All the provisions for a policy exemption for the new Lido House Hotel are crossed out. There is no exception in the Coastal Land Use Plan to govern the Implementation Plan. If the City adopts this in connection with the encroachment plan and in connection with the height plan, then it is creating an Implementation Plan inconsistent with the Land Use Plan. W. R. Dildine remarked that the public right-of-way needs to be maintained. The walkways need to be wider. Allan Beek, on behalf of SPON, advised that SPON objects because the amendments provide backdoor methods of repealing earlier ordinances and laws on which SPON relies and which SPON thinks are appropriate. The City should repeal laws and reenact them in the appropriate way. Robert Larner stated his property at 1412 East Ocean Front should be included in the encroachment program. Extending a planter 15 feet would divert people from walking through and damaging the berm in front of his property. Anne Marin remarked that her property is not encroaching illegally, but other properties are. This is inconsistent enforcement and an inconsistent resolution. She is not receiving parity with neighbors. Chair Kramer closed the public hearing. Deputy Director Wisneski explained that the tracts were developed through a series of settlement agreements that created the boundaries of those eight or nine properties. The City does not have the ability to establish an encroachment program on public tidelands. The public tidelands were created by legislation. The City has jurisdiction as a steward of the tidelands. The right-of-way in front of the other parcels is unique and is not necessarily a right of those properties. Encroachment permits will be reconsidered annually. The Coastal Commission is very concerned about this program. The program is a compromise in that some of these properties have encroached in this area for decades. Any unpermitted development beyond that 15 -foot area would have to be removed. In response to Secretary Zak's inquiries, Deputy Director Wisneski understood the City did not have the ability to request implementation of an encroachment program for public tidelands. Property owners could pursue such a program, but Deputy Director Wisneski was not aware of a State Lands Commission process for that. In reply to Vice Chair Koetting's request, Planning Manager Alford suggested that SPON believes the amendment would allow the City to circumvent the shoreline height limitation zone. Since 2010, the Zoning Code has allowed the maximum height limit to be exceeded through the adoption of a planned community development plan. The proposed amendment would carry over that same provision into the Local Coastal Program. If SPON's concern was about not properly repealing an ordinance, in essence, they would be doing that. In response to Commissioner Hillgren's questions, Deputy City Attorney Maiorano replied that staff has drafted the amendments in a manner consistent with the contents of the current Zoning Code and with their understanding of the contents of the current Zoning Code. In terms of the intricacies of the interplay between the Local Coastal Program and the Zoning Code, he deferred to Planning staff. Staff can make clarifications where needed. Page 6 of 8 10-67 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/01/2017 Planning Manager Alford clarified that the Lido House exception contained in Policy 4.4.2-1 is being eliminated because it is already contained in the LCP Implementation Plan and has been certified by the Coastal Commission. The certified LCP also contains specialized zoning for Lido House. The intent is to return the LCP to a generalized policy document that recognizes the 35 -foot height limit and that allows exceptions under existing regulations. An updated LCP webpage is ready for release. Motion made by Chair Kramer and seconded by Commissioner Hillgren (1) to find the amendments related to the LCP Cleanup and the East Oceanfront Encroachment Program are statutorily exempt from California Environmental Quality Act (CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act; (2) to find the Balboa Village Parking Management Overlay District amendment categorically exempt from the California Environmental Quality Act ("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; and (3) to adopt Resolution No. _ recommending to the City Council approval of LC2017-002, LC2017-001 and LC2013-002. AYES: Kramer, Koetting, Zak, Dunlap, Hillgren NOES: Weigand ABSTAIN: None ABSENT: Lawler In response to Chair Kramer's question, Planning Manager Alford reported the City Council will determine the best way to package the various proposals for submission to the Coastal Commission. Communications between City and Coastal Commission staff will determine when amendments are presented to the Council. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None. ITEM NO. 5 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT 1. Update on City Council Items Deputy Director Wisneski reported a discussion of the Mariners' Mile Revitalization Plan was tentatively planned for May 18, but staff recommends cancellation of the May 18 meeting. Items for the June 8 meeting include the ADU resolution and annual review of the Dunes use permit. Chair Kramer announced the cancellation of the May 18 meeting and noted no items had been planned for the June 22 and July 6 meetings. ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT None. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Hillgren will be absent on June 22. Vice Chair Koetting will be absent on June 8. IX. ADJOURNMENT — 8:20 p.m. Page 7 of 8 NEWPORT BEACH PLANNING COMMISSION MINUTES 05/01/2017 The agenda for the Planning Commission meeting was posted on Friday, April 28, 2017, at 1:35 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on Friday, April 28,,2017, at 1:28 p.m. Peter Zak, Page 8 of 8 10-69 Attachment E Public Comments Received 10-70 AFFILIATED AGENCftmS Orange County Transit District Local Tiansporfaiion Authooly Service Authority for Freeway Emergencies ConsoUdated Transporatfon Service Agoncy Cangesffon Management Agency Service Authority for Abandoned Vehicles April 10, 2017 Mr. Patrick Alford Planning Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Notice of Availability of Draft Local Coastal Program Amendments Dear Mr. Afford: Thank you for providing the Orange County Transportation Authority (OCTA) with the Notice of Availability of the Draft Local Coastal Program Amendments (Amendments). The following comment is provided for your consideration: ® From the Local Coastal Program, Page 2-74, Section 2.9.1, Subsection `Bus Transportation', please revise the first paragraph to read as follows: o "Public transportation services in Newport Beach are provided by the Orange County Transportation Authority (OCTA) and consist of regular fixed -route service and ADA Paratransit service through ACCESS service. OCTA operates at the Newport Beach Transportation Center located at Avocado Avenue and San Joaquin Hills Road, Demand for bus service from the inland areas to Newport Beach is intensified during the summer peak months. OCTA adds buses to beach routes most in demand to offset increased traffic congestion during the summer peak months." Throughout the development of this project, we encourage communication with OCTA on any matters discussed herein. If you have any questions or comments, please contact me at (714) 660-5907 or at dphu@octa.net. Sincerely, Dan Phu Manager, Environmental Programs Orange County Transportation Authority 550 South Main Street / R 0. Box 14184 / Orange / California 92863-1584 / (714) 560 -OCTA (6282) 10-71 April 11, 2017, Council Agenda Item 18 Comments The following comments on an item on the Newport Beach City Council agenda are submitted by: Jim Mosher ( *immosher&yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229) Item 18. Local Coastal Program Amendments A. Procedural Comments: Improperly before Council I strongly object to this matter, which I believe is being improperly placed before the Council without proper public review and without a recommendation from the Planning Commission. Council members who were in office in 2016 may or may not recall that as originally submitted to the Coastal Commission, the Implementation Plan included a Chapter 21.66 detailing the procedures for amending it, including the need for a Planning Commission recommendation. At the Council's November 7, 2016, meeting, staff reported (see that agenda packet, page 11-7) that this chapter was deleted: "lP Chapter 21.66 (Amendments) provided procedures for the amendment of the Local Coastal Program. Coastal Commission staff believes that it is inappropriate for an implementation plan to include these procedures as the regulations for LCP amendments are solely governed by the Coastal Act and its implementing regulations." suspect the complete deletion of Chapter 21.66 was a miscommunication between City and CCC staff, since one need go no further than Huntington Beach or Laguna Beach to find IP's with local regulations supplementing, without replacing, the statewide standards for amendment, including a requirement for a Planning Commission recommendation preceding any Council resolution. In any event, I do not believe the City is free to ignore the procedural requirement imposed by Table 21.50-1 of the recently certified LCP-IP, which is reproduced on page 18- 17 of the present staff report and which City staff does not recommend changing. That table (see second line under "Administrative and Legislative") clearly indicates that (as in Huntington Beach and Laguna Beach) the Council and CCC decisions on an LCP amendment are to be preceded by a Planning Commission recommendation. therefore believe the present hearing is improper. But notwithstanding the neglect of that clear requirement of the certified LCP-IP it is not at all clear that City staff has complied with even the minimal requirements of the "Section 13515 of the California Code of Regulations" (Title 14, Division 5.5), which it says it is following. Section 13515 places on local agencies a requirement for "establishing procedures providing maximum opportunities for the participation of the public and all affected governmental agencies" and then sets minimal standards. Not only has Newport Beach failed to establish any procedures (beyond the cryptic note calling for Planning Commission review in IP Table 21.50-1), it is not clear it has met even the minimal standards of Section 13515. For example, Resolution No. 2017-26 claims "review drafts of the 70 10-72 April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 2 of 5 LCP amendments were made available and a Notice of the availability was distributed a minimum of six weeks prior the public hearing." There is indeed such a requirement in Section 13515, yet the Notice and what purport to be review drafts at the Mariners Branch Library (libraries being a minimal distribution location required by Section 13515) is stamped "March 10, 2017." And to the best of my knowledge no one in the public was informed that copies had been distributed for public review: the City webpages devoted to the LCP and IP are completely silent on the idea that any revisions were being contemplated after the CCC approval trumpeted on the latter. Indeed, prior announcement of the present hearing on the City website appears to have been confined to an obscure posting placed at a completely different location and opaquely informing the public about a hearing involving "Balboa Village Parking Management." In short, the public first became aware of the proposed amendments around 4 p.m. on the afternoon of April 6, five days before the hearing, when they were released as part of the Council's 643 page agenda packet. And, on further examination, the five double -sided plus one single -sided page of often unlabeled text provided without further explanation in the distribution placed at the Mariners Library sometime after March 10 (which no one, in practice, knew about, and which is not six weeks before the hearing) are at best an incomplete and inaccurate version of the revisions being presented at the present in this agenda item. Among the discrepancies noted: • The highlighted words "government facilities" on page 18-29 of the present staff report (and possibly others?) are not present in the Mariners draft • The proposed changes to Section "21.30.010.015(E)(5)" shown on page 18-32 are not announced in the Notice or shown in the draft changes. Indeed, it is not apparent from the present report what Section 21.30.010.015(E)(5) is even part of, nor (it might be observed) is there actually a Section 21.30.010.015 in the IP at all. • The changes on page 18-37 are to a section mentioned in the Notice, but the proposed changes are not shown in the Mariners draft. • The changes on the present pages 18-38 through 18-41, and 18-58, are in neither the Notice nor the Mariners draft • The changes on pages on pages 18-44 through 18-57 are mentioned in the Notice, but not shown in the Mariners draft • The proposed resolution (see page 18-10) and all the notices say amendments are being proposed "to Coastal Land Use Plan (CLUP) Policy 3.13" but I have been unable to find any description of what those amendments might be. Does staff propose to reveal the changes after Council approves them? Of similar discrepancies within the present report, it might be noted that an extensive new Section 21.52.090 is added on pages 18-18 through 18-20 of Attachment A, but as best I can tell it not part of the redline of Attachment B. In short, rather than "establishing procedures providing maximum opportunities for the participation of the public," as required by Section 13515, City staff seems to have gone out of 7-1- 10-73 April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 3 of 5 its way to ensure that the opportunities for public participation in the LCP amendment process would be sub -minimal. In summary, it is my firm belief that to bring this matter to the Council in compliance with Section 13515 of the California Code of Regulations, a proper draft of the proposed amendments needs to be redistributed with adequate public notice, and then City staff needs to seek a recommendation from the Planning Commission as required by Table 21.50-1 of the certified Implementation Plan. B. Substantive Comments If the Council chooses to proceed with sending these improperly and inadequately reviewed changes to the Coastal Commission, based a quick reading of the material which I first became aware of on April 6 (along with the 585 other pages of the Council agenda packet) I have a number of specific comments. With the exception of the proposed new Section 21.52.090, which as noted above is not disclosed in the redline and whose significance I have not had time to assess, these comments refer to the page numbers in the redline of Attachment B, where the proposed changes are more apparent. 1. Pages 18-29 through 30: 1 strongly object to the proposed emasculation of the Shoreline Height Limitation policy. For 47 years, residents of Newport Beach have relied on strong height limits to preserve the low-key coastal environment of the bulk of the city, and dampen the wave of pre - Coastal Act high rise development pressure. More recently we have relied on the City's commitment to Shoreline Height limitations in CLUP Policy 4.4.2-1, as well as to maintaining bulk and height standards, as they existed at the time of CLUP certification, in Policies 2.2.2-4 and 4.4.2-3. While it is true that the local height restrictions always allowed a number of minor exceptions to the basic 35 foot height limit (including, to encourage a variety of architectural styles, a 5 foot allowance for sloping roofs), the proposed changes simply do not express the height restrictions as they existed at the time of certification, thereby creating an internally inconsistent CLUP. In particular, they insert a great number of vague and apparently unlimited exceptions using words defined nowhere in the CLUP, as well as creating an entirely new exception for "government facilities" (which, as noted above, would not have been found in the "review" drafts, even if the public knew there were review drafts). As one example among many, it appears that consistent with this proposed policy, the IP could be expanded to completely exempt from height limits the "meeting facilities" of a hotel complex. That has never been the public's understanding of the shoreline height limits in Newport Beach. Far more disturbingly, the proposed policy introduces a blanket exemption from the 35 foot limit for "planned communities." This is most certainly inconsistent with the public's 72 10-74 April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 4 of 5 understanding of the shoreline height limits, and in particular the local restrictions in effect at the time of certification of the CLUP (see Ordinance 97-9). Former Zoning Code Section 20.65.050.A (for applicability of height limits to Planned Communities approved after October 11, 1972) said "in no event shall the development exceed the height limits permitted in the height limitation zones" and former Section 20.65.060.0 (for use of limits specified in Planned Community texts approved prior to October 11, 1972) said "a use permit shall be required for any structure which exceeds the height limits established by this chapter." 2. Page 18-32: Since these proposed edits, like many of the others, are presented out of context, I have not had time to assess their significance. 3. Pages 18-33 through 35: As noted in comment 1, above, neither the CLUP nor the IP properly express the nuances of the local 35 foot shoreline height limitation, including the allowance of 5 feet for sloped roofs and other minor exceptions, but these proposed changes make the discrepancies even worse, particularly to the extent they imply an exemption from height limits is available for anything the staff and City Council declare to be a "planned community." 4. Page 18-32: 1 have not had time to assess the significance of this proposed change. 5. Page 18-32: With regard to the proposed footnote (9), as noted in my comment to Item 14 on the Council's present consent calendar, a request from "two members" would not, in the usual understanding of things, constitute a request from "one-third" of the Council, any more than three are "one-half'. Whatever is intended, it is probably wiser to simply cite the ambiguous code section by number rather than attempting to restate or summarize it. Repeating the same regulation in two or more places does nothing but lead to the possibility the various statements of policy may contradict each other. 6. Pages 18-40 through 41: As noted above, this proposed amendment was not noticed or provided in the public review drafts that no one knew about. I have not had time to assess it. 7. Pages 18-44 through 48: The proposal for a Balboa Village Parking Management Plan Overlay District seems remarkably similar to the plan that was previously submitted to the Coastal Commission, but deleted before certification of the IP. Although I did not have time to assess the former, if this proposal is changed from that, it would have been helpful to indicate how, where and why. My impression is the Coastal Commission wanted to see a comprehensive parking approach for the entire peninsula, not a piecemeal one. The summary on page 18-3 of the staff report suggests that this implementation will eliminate parking requirements for "Most Commercial Uses," but not for such things as "Cultural Institutions" and "Marine Services." 1 find it very hard to see how that objective, particularly with regard to marine services, could be found consistent with the Coastal 7S 10-75 April 11, 2017, Council Agenda Item 18 Comments - Jim Mosher Page 5 of 5 Act. Indeed, it would seem to place special burdens on the most coastal -dependent uses, allowing them to be forced out by generic, non -coastal -related uses. 8. Pages 18-49 through 57: As noted above, I have not been able to find anywhere the text of the noticed change to CLUP Policy 3.13, which is presumably related to this. I also have trouble finding the rationale for allowing any of these private encroachments on public oceanfront property. The permission granted (on page 15-51) for private walls and fencing on public property seems particularly problematic and inconsistent with coastal access policies. Of the specific changes proposed: a. Pages 18-50 through 51: The rationale for having areas where encroachments are allowed, but for some reason an area where they are not allowed, somewhere between E Street and G Street, is both hard to fathom and hard to visualize without a diagram (of which none seems to be provided). Only by finding a map can the reader discover that 107 G Street is adjacent to, but inland from, 1400 East Ocean Front, and that they share a west -facing beach -abutting property line, with only 1400 East Ocean Front also having a south -facing beach - abutting property line. Even knowing that, the code seems to say the owner of 107 G Street is prohibited from encroaching onto the sand to its west, but it is impossible to tell if 1400 East Ocean Front is similarly restricted. b. Page 18-57: The existing idea seems to be to use the encroachment fees to pay for physical improvements to mitigate the effect of allowing physical encroachments. I can see City staff's wish to use the fees to pay for its shuttle service, but I would see spending on "transportation alternatives" to be a much lower priority than providing physical improvements. In particular, it seems a continuing blot on the character of Newport Beach that there are areas of the city in which we allow private use of public beach property but do not provide restrooms for use by the public trying to enjoy the portion of the beach left to them. If "transportation alternatives" is allowed at all as an acceptable use of the encroachment fees, I think it should be toward the bottom of the list, to be used only after the other possibilities have been exhausted. 74 10-76 �` •� Still Protecting Cour (Newport Inspiring. The Next Generation P O B o x 1 0 2 1 Balboa Island, CA 9 2 6 6 2 1 9 4 9. 8 6 4. 6 6 1 6 April 10, 2017 OFFICERS Newport Beach City Council PRESIDENT 100 Civic Center Drive Marko Popovich Newport Beach, CA 92660 VICE PRESIDENT Dorothy Kraus RE: City Council Agenda Item 18: Local Coastal Program Amendments (April 11, 2017) TREASURER Dear Mayor Muldoon and Members of the City Council: Dennis Baker We would like to enter these comments into the public testimony regarding the SECRETARY proposed request to the Coastal Commission amending the Local Coastal Plan. Our Allan Beek concern is that buried within the red lined "clean-up" are very significant policy changes of great concern to the residents of Newport Beach who have relied on the Shoreline Height Limits to preserve the character of our community since the 1970s. BOARD MEMBERS Of special concern are the changes shown in the redlining of Attachment B, Section 4.4,2 - Nancy Alston 1, where it says "In addition, height limits in excess of 35 feet may be established as part Bruce Bartram of an adopted planned community incorporated into the certified Local Coastal Program Don Harvey Donald Krotee Implementation Plan Andrea Lingle Elaine Linhoff Recently the residents of the City of Newport Beach have registered their concern about Bobby Lovell increasing heights without a vote of the people and especially about those projects which Jennifer McDonald are proposed using the Planned Community Development District as the vehicle for Jeanne Price changing the zoning and eliminating the general policies of the city including heights. The Melinda Seely City has more and more commonly waived the Planned Community District's Jack Skinner requirement of 10 acres to allow for a development on as little as 1.3 acres. Nancy Skinner Jean Watt This trend is of serious concern to SPON and residents of Newport Beach and especially Portia Weiss Terry Welsh in the Coastal Zone. The waiver to allow Planned Community Developments of any size, have led to what we believe to be "spot zoning" and piecemeal planning. All too often, the city just reacts to a developer's request and juggles the zoning to allow piecemeal zoning to happen. STOP C A 501(c)(3) non-profit public education organization working to protect and preserve the residential and z environmental qualities of Newport Beach. OUR www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org FB SPON-Newport Beach I Twitter/Instagram @SPONNewport 75 10-77 Avg ia -6 Still protecting Cour Newport Inspiring. The Next Generation P© B o x 1 0 2 1 Balboa Island, CA 9 2 6 6 2 1 9 4 9. 8 6 4. 6 6 1 6 April 10, 2017 Page Two City Council Agenda Item 18: Local Coastal Program Amendments (April 11, 2017) Beyond that, even if a Planned Community were 10 acres or more, we are unaware of any precedent or resident desire for exempting Planned Communities in the Shoreline Height Limitation Zone from the 35 foot limit. SPON urges the Council to reject these poorly vetted proposals and send the entire matter to the Planning Commission for a more thorough public discussion. Sincerely, President cc: Newport Beach City Council City Council Leilani Brown, City of Newport Beach, City Clerk CNB Community Development Staff Kim Brandt, Community Development Director Patrick Alford, City of Newport Beach Planning Manager California Coastal Commission Jack Ainsworth, Executive Director Karl Schwing, South Coast District Manager Liliana Roman, Coastal Program Analyst CityCouncil@@newportbeachca.gov LBrown@newportbeachca.gov KBrandt@newportbeachca.gov PAlford@newportbeachca.gov John.Ainsworth@coastal.ca.gov Karl.Schwing@coastal.ca.gov Liliana.Roman@coastal.ca.gov STOP C A 501(c)(3) non-profit public education organization working to protect and preserve the residential and z environmental qualities of Newport Beach. OUR www.SPON-NewportBeach.org I Info@SPON-NewportBeach.org FB SPON-Newport Beach I Twitter/Instagram @SPONNewport 70 10-78 From: Sent: To: Cc: Subject: Attachments: Good morning, Mr. Alford - Planning Commission - May 4, 2017 Item No. 3b Additional Materials Received Local Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057) Michelle Black <mnb@cbcearthlaw.com> Wednesday, May 03, 2017 11:24 AM Alford, Patrick Kramer, Kory; Koetting, Peter; Zak, Peter; Dunlap, Bill; Hillgren, Bradley; Lawler, Ray; Weigand, Erik; Brandt, Kim; Wisneski, Brenda; Biddle, Jennifer; John.Ainsworth@coastal.ca.gov; karl.schwing@coastal.ca.gov; liliana.roman@coastal.ca.gov Agenda Item 3, Planning Commission Meeting of 5-4-17 SPON comments re LCPA 5-3-17.pdf Attached, please find comments submitted by SPON in connection with the Newport Beach Planning Conu-nission's consideration of the Local Coastal Program Amendments (Implementation Plan Clean-up and Balboa Village Parking Management Overlay District) at Thursday's meeting. Thank you, Michelle N. Black Chatter -Brown C"q, ��& Carstens LLP Enforcing laws to Protect California's Environment 2200 Pacific Coast Highway, Suite 318 Hermosa Beach, CA 90254 Phone: (310) 798-2400 Fax: (310) 798-2402 www.cbcearthlaw.com 1 10-79 Planning Commission - May 4, 2017 Item No. 3b Additional Materials Received Local Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057) Hermosa Beach Office C_ Phone: (310) 798-2400 Q Fax: (310) 798-2402 Chatten-Brown & Carstens LLP San Diego office 2200 Pacific Coast Highway, Suite 318 Phone: (858) 999-0070 Hermosa Beach, CA 90254 Phone: (619) 940-4522 www.cbcearthlaw.com May 3, 2017 Via Email palLord(anewportbeachca.gov Planning Commission City of Newport Beach Patrick Alford, Planning Program Manager City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Michelle Black Email Address: mnb@cbcearthlaw.com Direct Phone: 310-798-2400 Ext.5 Re: Local Coastal Program Amendments, PA2017-047, PA2017-046, and PA2013-057; Implementation Plan Clean-up (LC2017-002); Balboa Village Parking Management Overlay District (LC2017-001); Agenda Item 3 Dear Mr. Alford and Honorable Commissioners: These comments are submitted on behalf of Stop Polluting Our Newport (SPON) regarding the Local Coastal Program (LCP) Amendments, which include the Implementation Plan Clean-up and the Balboa Village Parking Management Overlay District. Founded in 1974, SPON is a non-profit public education organization dedicated to protecting and preserving the residential and environmental qualities of Newport Beach. Although the proposed LCP amendments are billed as a mere "clean-up" of the LCP, they authorize significant policy changes. In particular, the LCP amendments weaken the Shoreline Height Limits that have preserved the character of coastal Newport Beach since the 1970s by permitting hotel meeting facilities, government facilities, and all "Planned Community" development districts to evade otherwise applicable 35 -foot height limits. SPON supports comprehensive planning processes, such as development of the Local Coastal Program, which was certified just this March. Given the recent certification date, SPON wonders why the City now seeks amendments to the Land Use Plan (LUP) and Implementation Plan (IP) that extend beyond those required by the Commission. Additionally, SPON is concerned that these proposed amendments will result in impermissible spot -zoning inconsistent with the comprehensive planning goals 10-80 Planning Commission - May 4, 2017 Item No. 3b Additional Materials Received City of Newport BeLdcal Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057) May 3, 2017 Page 2 of 4 of the Coastal Act and LCP. A. The Amendments Encourage Development Exempt from the 35 -Foot Height Limit. The staff report correctly notes that CLUP Policy 4.4.2-1 "calls for the City to maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone" (Staff Report p. 2), but incorrectly presents the proposed amendments as merely expressing the existing exceptions to the height limitations at the time of LCP certification. The City promised the public that any changes to the LCP would enact development requirements that were at least as restrictive as the Zoning Code limits in existence at the time of LUP adoption. Instead, however, the redlined amendments appear to codify staff preferences to exempt certain types of development from the Shoreline Height Limitation's 35 -foot height limit. SPON acknowledges that the Shoreline Height Limitation has always contained some exceptions, such as the 5 -foot allowance for sloped roofs, but many of the exceptions contained in the proposed amendments are new. New exceptions to the Shoreline Height Limitation include one for "government facilities" and one for "meeting facilities," which from the policy statement could extend to such things as meeting facilities associated with hotel complexes. These developments have not been wholesale exempted from the 35 -foot height limit in the past. Thus, these new exceptions have the potential to significantly impact Newport Beach in ways that have not been previously studied by the City or the Coastal Commission. The proposed amendments introduce a complete exemption from the 35 -foot height limit for "Planned Communities." Under the City's proposal, Section 4.4.2-1 would read, "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." As discussed in the letter submitted by Mr. Jim Mosher to the City Council for the April 11, 2017 City Council hearing on this issue (herein incorporated), this policy is inconsistent with the City's zoning restrictions in effect at the time of certification. This change is new, and has not been thoroughly analyzed by the City, the Coastal Commission, or the public for its potential impacts on Newport Beach, its skyline, or its impacts on quality of life. Furthermore, SPON is concerned about City proposals to encourage Planned Community Development Districts (PCDs) in light of its increasing willingness to waive zoning requirements and height limits for PCDs citywide. City Code purports to limit PCDs to a minimum of 10 acres in size, which, in theory, would limit the magnitude of the impact of this change to the LCP. However, the administrative process for the 150 Newport Center project demonstrated the City's readiness to waive zoning requirements 10-81 City of Newport Beidcal May 3, 2017 Page 3 of 4 Planning Commission - May 4, 2017 Item No. 3b Additional Materials Received Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057) for Planned Community Developments as small as 1.3 acres in size. If the City wishes to exempt new categories of development from the Shoreline Height Limits, that were not included in the Coastal Commission's review of the LCP during certification, it cannot now sneak these changes into an LCP "clean-up." Instead, these changes must be acknowledged and thoroughly analyzed through the appropriate City and public processes. B. The Balboa Village Parking Management Plan Overlay District is Inconsistent with Coastal Act Development Priorities and with Policies Concerning Recreational Boating. The Balboa Village Parking Management Plan Overlay District removes parking requirements for "most commercial uses" but not for "marine services." (Staff Report p. 3.) The Plan would place additional burdens and costs on "marine services uses" and discourage their development while encouraging the development of "most commercial uses." The Plan conflicts with the California Coastal Act's prioritization of Coastal - dependent and visitor -serving uses over general commercial uses. (Coastal Act §§ 30220, 30221, 30222, 30224.) The Act provides: The use of private lands suitable for visitor -serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential, general industrial, or general commercial development. (Coastal Act § 30222.) The Act's protections for marine services are explicit: Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non -water -dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land. (Coastal Act § 30224, emphasis added.) While the Act authorizes the City to increase the provision of marine services and to limit non -water -dependent land uses in areas such as Balboa Village, the proposed overlay does the opposite. Additionally, in other projects, the Coastal Commission has found the limitation of parking inconsistent with Coastal Act policies facilitating visitor access to the coast. SPON urges the Planning Commission to carefully consider the plan's consistency with the Coastal Act. 10-82 City of Newport Bekdcal May 3, 2017 Page 4 of 4 Conclusion Planning Commission - May 4, 2017 Item No. 3b Additional Materials Received Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057) Thank you for your consideration of these comments. We look forward to the Planning Commission's discussion of these issues at the hearing on May 4, 2017. Sincerely, 1 Michelle N. Black, on behalf of Stop Polluting Our Newport cc: Newport Beach Planning Commission Kory Kramer, Chair, kkramer(i7newportbeachca.gov Peter Koetting, Vice Chair, pkoetting(&newportbeachca. og_v Peter Zak, Secretary, pzak(a7,newportbeachca.gov Bill Dunlap, Member, bdunla�a,newportbcachca. og_v Bradley Hillgren, Member, bhillgren(a)newportbeachea. og_v Ray Lawler, Member, rlawlerC&newportbeachca.gov Erik Weigand, Member, eweigand(a,newportbeachca.gov Kim Brandt, Community Development Director, KBrandt(a),newportbeachea.gov Brenda Wisneski, Deputy Community Development Director, bwisneski(a,newportbeachca.gov Jennifer Biddle, Administrative Support Specialist, ibiddle(a-),newportbeachca.gov California Coastal Commission Jack Ainsworth, Executive Director, John. Ainsworthgcoastal. ca. gov Karl Schwing, South Coast District Manager, kart. schwinggcoastal. ca. gov Liliana Roman, Coastal Program Analyst, 1i1iana.roman(&coastal. ca. goy 10-83 Planning Commission - May 4, 2017 Item No. 3c Additional Materials Received Local Coastal Program Amendments (PA2017-047, PA2017-046 & PA2013-057) May 04, 2017, Planning Commission Agenda Item Comments Comments on Newport Beach Planning Commission regular meeting agenda item submitted by: Jim Mosher ( *immosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229). Item No. 3. LOCAL COASTAL PROGRAM AMENDMENTS (PA2017- 047, PA2017-046 & PA2013-057) An item very similar to this was before the City Council as Item 18 on its April 11, 2017, agenda, but continued to allow referral to the Planning Commission. When the item was before the City Council, I submitted the five pages of written comments reproduced on handwritten pages 70 through 74 of the present staff report. These comments are a supplement to those. Further comments on the "height limit" portion of the Implementation Plan "Clean-up" (LC2017-002) Regarding height limits, to reiterate and reinforce my April 11 comments as referenced in the May 3 SPON letter from attorney Michelle Black, the proposed exceptions to Policy 4.4.2-1 are too ill-defined to be placed at the level of the CLUP and the blanket exception for planned communities is wholly inconsistent with the CLUP as presently certified. As certified, the public, after reading in the CLUP about the height limitations in effect in the Newport Beach Municipal Code in 2005, including, but not limited to the °35 foot" shoreline limit, expects the City to follow: "Policy 4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3, ..." which is bolstered by at least two other promises: and: "Policy 4.4.2-3. Implement the regulation of the building envelope to preserve public views through the height, setback, floor area, lot coverage, and building bulk regulation of the Zoning Code in effect as of October 13, 2005 that limit the building profile and maximize public view opportunities." "Policy 2.2.2-4. Implement building design and siting regulations to protect coastal resources and public access through height, setback, floor area, lot coverage, building bulk, and other property development standards of the Zoning Code intended to control building placement, height, and bulk. " These conditions were regarded as, and remain, important for maintaining the visual character of this coastal city, and nothing in the Zoning Code in effect in 2005 supported the notion that there was any kind of exception for "planned communities" -- in the Shoreline Height Limitation Zone, or anywhere else in the City. 10-84 Planning Commission - May 4, 2017 Item No. 3c Additional Materials Received May 4, 2014, PC agelide gleft3 morn kp MW p%nts (PA2017-047,RAR( 1(7f- 046 & PA2013-057) The Zoning Code in effect at the time of the most recent CLUP certification was essentially that of the "Comprehensive Zoning Code Update" of Ordinance No. 97-9, within which the height regulations are found in Chapter 20.65. That chapter fairly faithfully repeated the original (pre - Coastal Act) height limit structure adopted by the City with Ordinance No. 1454 in 1972. Regarding existing (pre -1972) Planned Community standards, it said: "20.65.060.C. "Proposed structures within a planned community district adopted prior to the effective date of this chapter (October 11, 1972) may be constructed in accordance with the height limits contained within the planned community text; provided, however, that a use permit shall be required for any structure which exceeds the height limits established by this chapter." Regarding "new" (post -1972) Planned Communities, it said: "20.65.050 Planned Community Districts. In each planned community district established subsequent to the adoption of this chapter, the height limits shall be established as part of the Planned Community Development Plan; provided, however, that in no event shall the development exceed the height limits permitted in the height limitation zones as set forth under Section 20.65.040..." It should be noted that by the time the CLUP was last certified, in 2005, the height policy for existing PC's of Subsection 20.65.060.0 had been erroneously deleted as part of a "clean-up" of what someone thought was "obsolete" code per page 7 of Ordinance 98-21. As far as I can tell, the code was in fact not obsolete, since although no construction applications pending in 1972 were still pending in 1998, new applications for construction in PC's with pre -1972 standards could be filed at any time, including many years from now. Since 2005, the Zoning Code was comprehensively updated in 2010. In that process (which promised "height limits are not changing"), the height regulations were condensed and garbled in such a way that recent staff reads the present Subsection 20.30.060.C.1 as entirely exempting planned communities from the height limits (see, for example, the arbitrary heights proposed for the "Car Wash Project" in Newport Center). That reading is clearly erroneous as applied to the existing code, and even more clearly erroneous as applied to the LCP. The 1997 Code did allow sloping roofs to exceed the "normal" limits by 5 feet, and there was a list of "Exceptions to Height Limits" in Section 20.65.070, but none for such things as "assembly facilities" or "government facilities." As to the latter, the 1997 Code said it applied to "any building" in the City (per Section 20.00,025). Indeed, Section 20.25.030 defining development limits on governmental zoned parcels refers to Chapter 20.65 for their height limits. In short, much of this does not appear to me to be a "clean up," but rather a significant change to long-established policies. 10-85 Planning Commission - May 4, 2017 Item No. 3c Additional Materials Received May 4, 2014, PC agelide gteft3 R"marnkm MW h%nts (PA2017-047,RAR($Vf 046 & PA2013-057) Further comments on Oceanfront Encroachment Program (LC2013-002) Regarding the proposed Oceanfront Encroachment Program, the Planning Commission should at least be aware of the very significant tension that exists between permitting private encroachments on public, oceanfront property and the Coastal Act's core tenet of preserving public access to the coast Section 30210 of the Coastal Act provides: "In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously ,posted, and recreational opportunities shall be provided..." Section 30211 elaborates: "Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation." The East Oceanfront Encroachment Program expressly authorizes oceanfront landowners to construct decks or fences up to 15 feet oceanward of their property lines, thereby privatizing public, sandy beach for their own private use, and hence appears to prioritize private property interests over coastal access, without the justifications required by Coastal Act Section 30210. The mitigations offered seem largely a recitation of possibly outdated provisions related to West Newport, not East Oceanfront. This is particularly concerning in view of a strong suspicion that two of the key mitigations cited in the CLUP as justifying private encroachments onto public beach property seem unlikely to ever be realized in this area: there seems to be a general unwritten understanding with homeowners that the City is never going to provide public beach restrooms east of the Balboa Pier area, and Council member Dixon has recently said the oceanfront "boardwalk" will never be extended beyond its current east terminus. 10-86