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HomeMy WebLinkAbout04 - Modification of Categorical Exclusion Order CE-5-NPB-16-1Q SEW Pp�T CITY OF �m z NEWPORT BEACH c�<,FORN'P City Council Staff Report September 11, 2018 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager, palford(o)_newportbeachca.gov PHONE: 949-644-3235 TITLE: Modification of Categorical Exclusion Order CE-5-NPB-16-1 ABSTRACT - The City Council will consider the adoption of suggested modifications to Categorical Exclusion Order CE-5-NPB-16-1 by the California Coastal Commission, which will exclude single -unit and two -unit dwellings with floor area limits of 2.0 times the buildable area of a lot from the permit requirements of the California Coastal Act. RECOMMENDATION: a) Find the action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement or Reconstruction), Section 15303 (Class 3 — New Construction or Conversion of Small Structures) and Section 15332 (Class 32 — Infill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. Additionally, the action is exempt under CEQA Section 15265 because the Categorical Exemption relates to the City's Local Coastal Program; and b) Adopt Resolution No. 2018-64, A Resolution of the City Council of the City of Newport Beach, California, Accepting and Agreeing to the Terms and Conditions of Categorical Exclusion Order CE-5-NPB-16-A 1. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 4-1 Modification of Categorical Exclusion Order CE-5-NPB-16-1 September 11, 2018 Page 2 DISCUSSION: Background The State Coastal Act allows the California Coastal Commission (Coastal Commission) to create categorical exclusion orders, which exempt specific categories of development that do not have the potential to create a significant adverse effect on coastal resources or on public access from coastal development permit (CDP) requirements. Adopted in 2017, Categorical Exclusion Order CE-5-NPB-16-1 excludes single -unit and two -unit projects from CDP requirements. Additionally, the order applies to the R-1, R -BI and R-2 Zoning Districts with the exception of the first row of lots adjacent to the beach, bay, or wetlands, major undeveloped residential sites, Planned Community Districts and gated communities. On May 8, 2018, the City Council directed staff to submit to the Coastal Commission a modification to Categorical Exclusion Order CE-5-NPB-16-1 that will exclude single -unit and two -unit dwelling units with floor area limits of 2.0 from the permit requirements of the California Coastal Act. On August 10, 2018, the Coastal Commission approved (Exhibit A of Attachment A) the amendment to Categorical Exclusion Order CE-5-NPB-16-1 (CE-5-NPB-16-1-A1). Analysis Categorical Exclusion Order CE-5-NPB-16-1 (Cat Ex) limits floor areas to 1.5 times the buildable area'. However, R-1 and R-2 Coastal Zoning Districts have floor area limits of 2.0 times the buildable area in areas other than Corona del Mar. Therefore, a CDP is required in order to achieve the floor areas allowed under the Zoning Code and the certified LCP. No other changes to the existing Cat Ex are included and all future development implemented pursuant to the amended Cat Ex must be consistent with the certified LCP. Modifying the Cat Ex to grant categorical exclusions to development with 2.0 floor areas could potentially result in 60 less CDP applications annually. This would relieve many single-family and two-family property owners of the time and expense of a CDP application and reduce staff's workload. ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in the CEQA, the proposal is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement or Reconstruction), Section 15303 (Class 3 — New Construction or Conversion of Small Structures) and Section 15332 (Class 32 — Infill Development Projects) of the CEQA Guidelines. Buildable area is defined as the area of a development site, excluding the minimum front, side, and rear setback areas. The Cat Ex 1.5 floor area limit only applies to on non -conforming lots (4,000 square feet or less) and in areas where a majority of the lots are nonconforming. 4-2 Modification of Categorical Exclusion Order CE-5-NPB-16-1 September 11, 2018 Page 3 Although the recommended action does not authorize any development, the type development within the specified geographic area that would be excluded from coastal development permit requirements (i.e., the demolition and/or construction of single-family and two-family dwellings) is except from CEQA. The Class 1 exemption includes the demolition of single-family and two-family dwellings in urbanized areas; the Class 2 exemption includes "replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced." the Class 3 exemption includes the construction of limited numbers of new, small structures, including single-family and two-family dwellings and the Class 32 exemption covers an in -fill development projects consistent with General Plan and applicable development standards where the site is no more than five (5) acres, has no value as habitat for endangered, rare, or threatened species, is adequately served by all utilities and public services, and does not result in significant effects relating to traffic, air quality, water quality, or any other significant effect on the environment due to an unusual circumstance. Additionally, the action is exempt under CEQA Section 15265 because the Categorical Exemption relates to the City's Local Coastal Program. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No 2018-64 4-3 ATTACHMENT A RESOLUTION NO. 2018- 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF CATEGORICAL EXCLUSION ORDER CE-5-NPB-16-A1 WHEREAS, the California Coastal Act (Public Resources Code Section 30610(e)) authorizes the California Coastal Commission (Coastal Commission) to exclude from the permit requirements of the California Coastal Act, any category of development within a specifically defined geographic area if the exclusion will not result in a potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast; WHEREAS, on November 4, 2016, the Coastal Commission approved Categorical Exclusion Order CE-5-NPB-16-1 with conditions after a public hearing and a two-thirds vote of its appointed members; WHEREAS, Categorical Exclusion Order CE-5-NPB-16-1 applies the R-1, R -BI, and R-2 Coastal Zoning Districts within the coastal zone, except on the first row of lots adjacent to the beach, bay, or wetlands, major undeveloped residential sites, gated communities and lands subject to the public trust; WHEREAS, the terms and conditions of Categorical Exclusion Order CE-5-NPB- 16-1 limits the exclusion to single -unit and two -unit dwelling units with floor areas up to 1.5 times the buildable area of the property; WHEREAS, on May 8, 2018, the City Council of the City of Newport Beach directed City staff to submit an application to amend Categorical Exclusion Order CE-5-NPB-16-1 to increase the floor area limit to 2.0 times the buildable area of the property; WHEREAS, on August 10, 2018, the Coastal Commission approved Categorical Exclusion Order CE-5-NPB-16-A1 with conditions after a public hearing in Redondo Beach, California, and a two-thirds vote of its appointed members; and WHEREAS, pursuant to California Code of Regulations Section 13244, Categorical Exclusion Order CE-5-NPB-16-A1 will not become effective until such time the City Council of the City of Newport Beach acknowledges receipt of the Commission's resolution of approval and by separate resolution, accepts and agrees to the terms and conditions to which the categorical exclusion order has been made subject. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby acknowledge receipt of the Commission's resolution of approval and accepts and agrees to the terms and conditions of Categorical Exclusion Order CE-5-NPB-16-A1 as attached in Exhibit A, which is incorporated herein by reference. Resolution No. 2018 - Page 2 of 3 Section 2: The City Council authorizes City staff to forward this resolution to the Executive Director of the Coastal Commission as evidence of the City of Newport Beach's acceptance and agreement to the terms and conditions of Categorical Exclusion Order CE-5-NPB-16-A1. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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 5: The City Council finds that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 — Existing Facilities), Section 15302 (Class 2 — Replacement or Reconstruction), Section 15303 (Class 3 — New Construction or Conversion of Small Structures) and Section 15332 (Class 32 — Infill Development Projects) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment. Additionally, the City Council finds this action is exempt under CEQA Section 15265 because the Categorical Exemption relates to the City's local coastal program. Section 6: 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 11 th day of September 2018. Marshall "Duffy" Duffield Mayor ATTEST: Leilani I. Brown City Clerk APPIR TO FORM: CITY Y'S OFFICE AaronC7-Warp City Attorney Attachment: August 15, 2018 Commission Letter and Resolution of Approval 4-5 EXHIBIT A STATE OF CALIFORNIA- THE RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast Arca Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 (562)590-5071 August 15, 2018 City of Newport Beach Patrick Alford, Planning Program Manager 100 Civic Center Drive Newport Beach, CA 92660 Re: City of Newport Beach Categorical Exclusion Order Amendment CE-5-NPB-16-1-A1 Dear Mr. Alford: You are hereby notified that the California Coastal Commission, at its August 10, 2018, meeting in Redondo Beach, approved the City of Newport Beach Categorical Exclusion Order Amendment CE-5- NPB-16-1-A1. Pursuant to the Coastal Act, the Commission after public hearing and by two-thirds vote of its appointed members may certify an amendment to a categorical exclusion order exempting certain categories of development from the requirements of coastal development permitting. The Commission approved the subject categorical exclusion order amendment modifying Special Condition 1 of Categorical Exclusion Order CE-5-NPB-16-1-A 1, all other terms and special conditions of the underlying Categorical Exclusion Order remain unchanged. Pursuant to Section 13244 of the California Code of Regulations, Title 14, Division 5.5, the categorical exclusion order amendment shall become effective once: 1) the City of Newport Beach City Council acknowledges receipt of the Commission's resolution of approval including the conditions of the categorical exclusion order, 2) the City of Newport Beach City Council, by resolution, accepts and agrees to the terms and conditions to which the categorical exclusion order has been made subject, and forwards evidence of that action to the Executive Director, and, 3) the Executive Director determines in writing that the City's resolution is legally adequate to carry out the exclusion order and that the notification procedures satisfy the requirements of the exclusion order. Pursuant to the Commission's action on August 10, 2018, the Commission's resolution of approval of the categorical exclusion order amendment is included as Attachment "A." Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Liliana Roman or myself at (562) 590-5071 if you have any questions. Sincerely, /L____ Charles Posner Supervisor of Planning Attachment "A" Resolution of Approval of the Categorical Exclusion Order Amendment 4-7 STAFF RECOMMENDATION AND RESOLUTION ON CATEGORICAL EXCLUSION ORDER AMENDMENT NO. CE-5-NPB-16-1-A1 Staff recommends that, following a public hearing, the Commission adopt the following resolution and related findings. A. APPROVAL OF THE PROPOSED CATEGORICAL EXCLUSION ORDER WITH CONDITIONS Motion: 1 move that the Commission approve the proposed amendment to Categorical Exclusion CE-5- NPB-16-1 for the City of Newport Beach pursuant to the staff recommendation. Staff Recommendation for Approval of Categorical Exclusion Amendment: Staff recommends a YES vote. Passage of this motion will result in the adoption of the order of categorical exclusion as amended. Public Resources Code Section 30610(e) requires an affirmative vote by two-thirds of the appointed Commissioners. Order: The Commission by two-thirds vote of its appointed members, hereby approves this amendment to Categorical Exclusion CE-5-NPB-16-1 as originally conditioned as consistent with the requirements of 30610(e) and 30610.5(b) of the Coastal Act to exclude the category of development detailed in the findings, from the permit requirements of the Coastal Act. Development subject to this Exclusion Order is limited to demolition and/or construction of single -unit and two -unit dwelling units and their appurtenant facilities in the R-1, R -BI, and R- 2 Zoning Districts within the geographic areas shown on Exhibit #1. The exclusion does not apply to any development located on the first row of lots adjacent to the beach, bay, and wetlands; major undeveloped residential sites; Planned Community Districts; gated communities; and to tidelands or submerged lands, beaches, any lands or water subject to or potentially subject to the public trust, or to uncertified segments where the City does not have coastal permit issuing responsibility. Pursuant to the findings herein, the excluded development does not have the potential for any significant adverse impacts, either individually or cumulatively, on public access or coastal resources. This Categorical Exclusion Amendment, as proposed, results in a minor change with no significant change in density, height, or nature of uses excluded by the Order will occur without further proceedings under the Coastal Act or certified Local Coastal Program, if applicable. B. SPECIAL CONDITIONS This Categorical Exemption Order is granted subject to the following conditions: so 1. Lot Coverage. Structures subject to this exclusion shall be designed so that the gross structural area, including storage, parking, and stairways, does not exceed 2.0 times the buildable area on non -conforming lots (4,000 square feet or less) and in areas where a majority of the lots are non- conforming. 2. Parking. A minimum of two parking spaces shall be provided for each residential unit, regardless of size. To the maximum extent practicable, parking shall be provided on the alley side of the lot and in no case shall parking be permitted in the required front setback. 3. Density. Duplexes shall only be permitted on lots 2,400 square feet or greater. 4. Applicable Zoning. Development pursuant to this exclusion shall conform, unless otherwise limited by this order, to the policies and regulations of the City of Newport Beach Local Coastal Program as certified by the Commission. 5. Implementation. The City of Newport Beach shall, at an appropriate stage in the local approval process for development subject to this exclusion, distribute to the applicant for such local approval a form provided by the Executive Director of the Coastal Commission. After final local governmental approval, the City shall send the completed form to the Coastal Commission. The completed form shall include a certification by the City that the approved development conforms to the terms and conditions of this order. The form shall be provided to the Coastal Commission and to any person who has requested such notice within five (5) working days of issuance. Additionally, per Section 13244(c) of the California Code of Regulations, this categorical exclusion shall become effective twenty (20) working days following Coastal Commission receipt of notification unless the Executive Director objects to the exclusion. The determination of whether a development is categorically excluded for purposes of notice procedures shall be made in reference to this Categorical Exclusion Order. Where an applicant, interested person, or City has a question, or the City is challenged on the determination as to the appropriate designation for the development, the City shall notify the Commission by telephone of the dispute/question and shall request an Executive Director opinion on the City's determination per dispute resolution procedures in the Implementation Plan Section 21.50.050(B). 6. Public Trust. In the event that any competent agency or court determines that any lands excluded by this order are subject to the public trust, this exclusion shall immediately become void as to those lands and any development undertaken on those lands shall be subject to the full permit requirements of the Coastal Act of 1976. 7. Effectiveness. This Categorical Exclusion Order shall not become effective until final certification of the Local Coastal Program (LCP) by the Commission.