HomeMy WebLinkAbout2018-64 - Accepting and Agreeing To the Terms and Conditions of Categorical Exclusion Order CE-5-NPB-16-A1RESOLUTION 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-16-1-Al
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-A1 with conditions after a public hearing and a two-
thirds vote of its appointed members;
WHEREAS, Categorical Exclusion Order CE-5-NPB-16-1-A1 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-A1 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 CE5-NPB-16-
1-A1 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-16-1-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-16-1-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-16-1-A1 as attached in Exhibit A, which is
incorporated herein by reference.
Resolution No. 2018-64
Page 2 of 2
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-16-1-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 11th day of September 2018
ATTEST:
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4
Leilani I. Brown
City Clerk
APPROVE TO FORM:
CITYA Y'S OFFICE
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Aaron arp
City Attorney
Marshall "Duffy" Duffield
Mayor
Attachment: August 15, 2018 Commission Letter and Resolution of Approval
EXHIBIT A
STATE OF CALIFORNIA. THE RESOURCES AGENCY EDMUND G. BROWN, JR., GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coatis Area Office
200 Oceangate, Suite IOW
Long Beach, CA 908024302
(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-AI. 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
Charles Posner
Z, ---
Supervisor of Planning
Attachment "A"
Resolution of Approval
of the Categorical
Exclusion Order
Amendment
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:
I 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 stajfrecommendalion.
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-
1 Zoning Districts within the geographic areas shown on Exhibit #L 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 certifred Local Coastal Program, ifapplicable.
B. SPECIAL CONDITIONS
This Categorical Exemption Order is granted subject to the following conditions:
I . 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.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH 1
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2018-64 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 111h day of September, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Diane Dixon, Council Member Kevin
Muldoon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem
Will O'Neill, Mayor Duffy Duffield
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1211 day of September, 2018.
9&j
Leilani I. Brown
City Clerk
Newport Beach, California