HomeMy WebLinkAbout11 - Minor Amendments to the City's Local Coastal Program LC2017-002Q SEW Pp�T
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c�<,FORN'P City Council Staff Report
October 23, 2018
Agenda Item No. 11
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: Minor Amendments to the City's Local Coastal Program LC2017-002
ABSTRACT -
The City Council will consider approval of an ordinance amending the City's certified Local
Coastal Program to incorporate land use and property regulations adopted by the City
after submission of the LCP to the Coastal Commission and to clarify LCP administrative
procedures.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find the action statutorily exempt from the 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. 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; and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2018-16, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 21 of the Newport Beach Municipal Code to Approve Local
Coastal Program Amendment No. LC2017-002, as Modified by the California Coastal
Commission (PA2017-047), and pass to second reading on November 13, 2018.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
Minor Amendments to the City's Local Coastal Program LC2017-002
October 23, 2018
Page 2
DISCUSSION:
Background
On September 12, 2017, the City Council adopted Resolution No. 2017-56 authorizing the
submittal of the amendment to the Coastal Commission. Resolution No. 2017-56 specified
that the amendment shall not become effective until approval by the California Coastal
Commission (Coastal Commission) and adoption, including any modifications suggested by the
Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council.
On July 11, 2018, the Coastal Commission approved the amendment with modifications (see
Attachment B).
This ordinance was originally introduced at the September 25, 2018 City Council meeting.
However, it was later learned that the Coastal Commission staff had inadvertently sent the City
an earlier version of the amendment that did not contain all of the Coastal Commission's
suggested modifications to Section 21.52.055 (F) and Section 21.64.035(C)(2). Although these
modifications are minor, correcting this error will require introducing this ordinance again.
Analysis
When the City's Local Coastal Program (LCP) was certified by the Coastal Commission, the
City recognized that certain issues would be addressed through follow-up LCP amendments.
Amendment No. LC2017-002 is a clean-up amendment intended to correct citation errors,
clarify certain ambiguities and inconsistencies and add inadvertent omissions. The
components of the amendment are summarized in Table 1 below.
Table 1
LCP Clean-up Amendment Summary
No.
IP Section
Description
Adds new IP
Lido Villas PC — Adds land use and property development regulations for the
1
21.26.055(V) and Table
Lido Villas Planned Community.
21.26-10
2
Modifies IP
Landscape Maintenance Exception — Adds exceptions to landscape
21.30.075 B 4 b
maintenance standards during water supply shortages.
Modifies IP
Waiver for De Minimis Development — Correctly identifies the Community
3
21.50.020
Development Director as the 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.
4
Modifies IP Section
Notice of Final Action — Changes the time limit for reporting the City's final
21.52.015(H)
action on a CDP from 5 days to seven 7 days.
5 & 6
Modifies IP
CDP Exemption for Repair and Maintenance — Corrects subsection
21.52.035 C 4 c
citations.
Modifies IP
City Council Review of CDP Waivers — Corrects an ambiguity as to the
7
21.52.055 (re -numbered
number of City Council members required to object to a coastal development
as subsection Fpermit
waiver.
Adds new IP
CDP Public Hearing Waiver — Allows the Community Development
8
21.62.050
Director to waive the public hearing requirement for coastal development
permits involving minor development.
9&10
21.64.020 A
Appeals and Calls for Review — Corrects and clarifies procedures relating to
21.64.035(C)(2)
appeals and calls for review.
11-2
Minor Amendments to the City's Local Coastal Program LC2017-002
October 23, 2018
Page 3
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), 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.
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).
ATTACHMENTS:
Attachment A — Draft Ordinance
Attachment B — California Coastal Commission Suggested Modifications
11-3
Attachment A
Draft Ordinance
11-4
ORDINANCE NO. 2018-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21 OF THE
NEWPORT BEACH MUNICIPAL CODE TO APPROVE LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2017-002, AS
MODIFIED BY 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 ("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 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 Newport Beach Municipal Code ("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, public hearings were held by the City Council of the City of Newport Beach
(City Council) on July 11, 2017, and on September 12, 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;
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 the City Council public hearing;
WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 2017-56
authorizing the submittal of LCP Amendment No. LC2017-002 to the Coastal Commission;
WHEREAS, Resolution No. 2017-56 specified that LCP Amendment No. LC2017-002
shall not become effective until approval by the Coastal Commission and adoption, including any
11-5
Ordinance No. 2018 -
Page 2 of 9
modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council;
WHEREAS, at the July 11, 2018, Coastal Commission hearing in Scotts Valley, California,
the Coastal Commission approved, with modifications, LCP Amendment Request No. 3-17 (LCP-
5-NPB-17-0053-1), which included portions of LCP Amendment No. LC2017-002; and
WHEREAS, a public hearing was held on October 23, 2018, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the
hearing was given in accordance with the NBMC and California Public Resources Code Section
30503. Evidence, both written and oral, was presented to, and considered by, the City Council at
this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach hereby ordains as
follows:
Section 1: The recitals provided above are true and correct and are incorporated into
the operative part of this ordinance.
Section 2: 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 3: The LCP, including LCP Amendment No. LC2017-002, will be carried out fully
in conformity with the California Coastal Act.
Section 4: The City Council of the City of Newport Beach, California, hereby amends Title
21 of the Newport Beach Municipal Code to adopt LCP Amendment No. LC2017-002 with Coastal
Commission's suggested modifications, as attached in Exhibit A, and incorporated herein by
reference.
Section 5: The City Council hereby authorizes City staff to submit this ordinance for
determination by the Executive Director of the Coastal Commission that this action is legally
adequate to satisfy the specific requirements of Coastal Commission's July 11, 2018 action on
LCP Amendment Request No. 3-17 (LCP-5-NPB-17-0053-1).
Section 6: This ordinance shall not become effective for thirty days and until the
Executive Director of the Coastal Commission certifies that this ordinance complies with the
Coastal Commission's July 11, 2018 action on LCP Amendment Request No. 3-17 (LCP-5-NPB-
17-0053-1).
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
pursuant to City Charter Section 414.
11-6
Ordinance No. 2018 -
Page 3 of 9
Section 8: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that
it would have passed this ordinance, 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 9: Except as specifically modified in this ordinance, all other sentences,
paragraphs, subsections, sections, chapters, and titles of the NBMC shall remain unchanged
and in effect.
Section 10: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, California, held on 2311 day of October, 2018, and adopted on the 13th day
of November, 2018, by the following vote to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD, MAYOR
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
11-7
Ordinance No. 2018 -
Page 4 of 9
EXHIBIT A
LCP Amendment No. LC2017-002
1. Amend NBMC Section 21.26.055 to add Section 21.26.055(V) to read as follows, with all other
provisions of NBMC 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.
TABLE 21.26-10
ALLOWED USES
Lido Villas (PC -59)
A Allowed
— Not Allowed
Land Use
See Part 7 of this Implementation Plan for
land use definitions.
See Chapter 21.12 for unlisted uses.
PC -59
Specific Use Regulations
Home Occupations
A
Multi -Unit Dwellings
A
Visitor Accommodations, Residential
Short -Term Lodging
A
Utilities, Minor
A
Wireless Telecommunication FacHities
A
Chapter 21.49
Accessory Structures and Uses
A
Personal Property Sales
A
Special Events
A
Temporary Uses
A
Ordinance No. 2018 --
Page 5 of 9
2. Amend NBMC Section 21.30.075(B)(4)(b) to read as follows:
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.
3. Amend Table 21.50-1 of NBMC Section 21.50.020 to read as follows, with all other provisions
of NBMC Section 21.50.020 remaining unchanged:
TABLE 21.50-1
REVIEW AUTHORITY
Lido Villas (PC -59)
TABLE 27.26-10
Type of Action
ALLOWED USES
A Allowed
— Not Allowed `
Land Use
See Part 7 of this Implementation Plan for
PC -59
Specific Use Regulations
land use definitions.
Resources
Commission
See Chapter 21.12 for unlisted uses.
Coastal
I Uses Not Listed. Land uses that are not listed in the table above,
or are not shown in a particular coastal zoning district. are not
allowed, except as provided by Chapter 21 12 (Interpretation of
Implementation Plan Provisions).
2. Amend NBMC Section 21.30.075(B)(4)(b) to read as follows:
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.
3. Amend Table 21.50-1 of NBMC Section 21.50.020 to read as follows, with all other provisions
of NBMC Section 21.50.020 remaining unchanged:
TABLE 21.50-1
REVIEW AUTHORITY
11-9
Role of Review Authority (1)
Type of Action
Applicable Code
App
Harbor
Chapter/Section
Director
Zoning
Resources
Commission
Council
Coastal
Administrator
Manager
(2)
Commission
Administrative and Legislative
Interpretations
P
Section 21.12.020
Determination
(3)
Appeal
pp
Appeal
PP
A
Appeal (8)
LCP Amendments
Recommend
Decision
Decision (4)
Approvals in
Section 21.52.015
Determination
Determination
Appeal
Appeal
Concept
(3)
(5)
Waiver for De
Minimis
Section 21.52.055
Determination
(9)
Development
(g)
Permits and Approvals
Coastal
Development
Section 21 52.015
Decision (6)
Appeal
Appeal
Decision (7)
Permits
Appeal (2)
Emergency
Coastal
Development
Section 21 52.425
Decision (3)
Appeal
Appeal
Permits
11-9
Ordinance No. 2018 -
Page 6 of 9
Role of Review Authority (1)
Applicable Code
Type of Action Harbor
Chapter/Section Zoning Council Coastal
Director Administrator Resources Commission (2) Commission
Manager
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 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.
See Chapter 21.66 (Amendments).
(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.
(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, non -appealable or appealable to the Coastal Commission
according to the dispute resolution process in compliance with Section 21.50.050(6).
(9) 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 Chapter 21.52 (Coastal
Development Permit Review Procedures).
4. Amend NBMC Section 21.52.015(H) to read as follows:
H. Notice of Final Action. Within seven calendar 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 to the City. Such notice shall be accompanied by a copy of the exemption, denial,
or coastal development permit approval with conditions of approval and written findings and
the procedures for appeal of the action to the Coastal Commission.
5. Amend NBMC Section 21.52.035(C)(4)(c) to read as follows:
11-10
Ordinance No. 2018 -
Page 7 of 9
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;
iii. All repair and maintenance activities governed by subsection (C)(4) 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 (C)(4) 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.
6. Amend NBMC Section 21.52.035(C)(4) to add the following:
d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single-
family 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.
7. Amend NBMC Section 21.52.055 to add the following:
F. Report to the City Council. The Director shall report to the City Council at its next
available public hearing 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 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.
8. Amend NBMC Chapter 21.62 to add Section 21.62.050 to read as follows:
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.
Ordinance No. 2018 -
Page 8 of 9
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 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 all the following:
a. A statement that a public hearing will be held upon the request of any
person provided that such 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 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. 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.
9. Amend NBMC Section 21.64.020(A) to read as follows:
A. Director. Interpretations 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).
10. Amend NBMC Section 21.64.035(C) to read as follows:
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
11-12
Ordinance No. 2018 -
Page 9 of 9
Commission only after exhausting all appeals to the Planning Commission and Council in
compliance with this Chapter. Exhaustion of all local appeals shall not apply to any
circumstance identified in Code of Regulations Section 13573(a), 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. The local government jurisdiction charges an appeal fee for the filing or processing of
appeals.
In addition, in accordance with Code of Regulations Section 13573(b), there shall be no
requirement of exhaustion of local appeals when an appeal of a City decision is filed by two
members of the Coastal Commission in compliance with Public Resources Code Section
30625. Notice of a Coastal Commissioners' appeal shall be transmitted to the City in
compliance with Title 14 California Code of Regulations Section 13111(d). The Director may
transmit the Commissioners' appeal to the local appellate body (which considers appeals
from the local body that rendered the final decisions subject to the Commissioner appeal),
and the Commissioners' appeal may be suspended pending a decision on the merits by
that local appellate body. If the final action by an appellate body modifies or reverses the
previous decision, the Coastal Commissioners shall be required to file a new appeal from
that decision.
11-13
Attachment B
California Coastal Commission Suggested Modifications
11-14
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
e�
200 Oveangate, Suite 1000 '.
Long Beach, CA 90802-4302
(562)590-5071
October 16, 2018
REVISED COPY
Patrick Alford, Planning Program Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach CA 92660
Re: City of Newport Beach LCP Amendment Request No. 3-17 (LCP-5-NPB-17-0053-1)
IP "Clean -Up"
Dear Mr. Alford:
You are hereby notified that the California Coastal Commission, at its July 11, 2018 meeting in
Scotts Valley, approved City of Newport Beach Local Coastal Program (LCP) Amendment No.
3-17 with suggested modifications. The amendment to the Implementation. Plan (IP) portion of
the Newport Beach certified LCP will correct a number of inconsistencies and clarify
ambiguities in the IP, add a new planned community, and add a regulation to clarify the public
notification hearing procedures for minor development, as set forth by City Council Resolution
No. 2017-45.
The LCP amendment will be fully effective once:
The City of Newport Beach City Council adopts the Commission's suggested
modifications,
The City of Newport Beach City Council forwards the adopted suggested modifications
to the Commission by Resolution, and,
The Executive Director certifies that the City has complied with the Commission's July
12, 2018 action.
The Coastal Act requires that the City's adoption of the suggested modifications be completed
within six (6) months of the Commission's action. Pursuant to the Commission's action on July
12, 2018, certification of LCP Amendment No. 3-17 is subject to the attached Suggested
Modifications (Attachment "A"). This revised copy of the Attachment A supersedes the version
previously mailed on July 16, 2018. It corrects two omissions of suggested modifications made
to proposed new IP Section 21.62.050, numbered "letter G" and to IP Section 21.64.035(C)(2),
numbered "letter I" in Attachment A.
Thank you for your cooperation and we look forward to working with you and your staff in the
future. If you have any questions regarding the modifications required for effective certification
of this LCP amendment, please contact Liliana Roman at our Long Beach office (562) 590-5071.
Sincerely, .:;/r"'—
Charles Posner
Supervisor of Planning
11-15
REVISED COPY
Attachment "A"
Suggested
Modifications
11-16
New text added by Commission suggested modification is shown bold italicized and
underlined,
and text suggested to be deleted is shown in Existing
certified language is shown in regular text and the City's proposed LCP amendment language
changes are shown in single underline and single strikethfett .
A. City Proposed Amendment: New IP Section 21.26.055(V) to create Planned
Community PC -59 Lido Villas
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.
SUGGESTED MODIFICATION: Add New Table 21.2E-10 Allowed Uses
11-17
B. City Proposed Amendment: Revise IP Section 21.30.075(B)(4)(b) - NO SUGGESTED
MODIFICATION
b. Landscaped areas shall be maintained in 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 ve(-)etated areas shall be exempt
from the healthy and growing condition requirement when the City Council has declared a
Level Four water supply shortage -
C. City Proposed Amendment: Revise IP Section 21.50.020, Table 2150-1
SUGGESTED MODIFICATION: Clarification to Table 2150-1 Footnote #9
Table 21.50-1
Review Authority
11-18
Role of Review Authority (1)
Type of Action
Applicable Code
Harbor
Chapterl5ection
Director
Zoning
Resources
Commission
Council
Coastal
Administrator
Manager
(2)
Commission
Adlnrsus#Iat�ve an ved t egtsiad
.....;
Interpretations
Section 21.12.020
Determination
Appeal
Appeal
Appeal (S)
I_CP Amendments
Recommend
Decision
Decision (G)
Approvals in
Section 21.52.015
Determination
Determination
Appeal
Appeal
Concept
(3)
(5)
Waiver for De
Minimis
Section 21,52.055
Determination
Determination
Appeal
Appeal (9)
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Development
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Coastal
Decision (7)
Development
Section 21.52.015
Decision (6)
Appeal
Appeal
Appeal (2)
Permits
Emergency
Coastal
Development
Section 21.52.025
Decision (3)
Appeal
Appeal
Permits
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D. City Proposed Amendment: Revise IP Section 21.52.015(H)
SUGGESTED MODIFICATION: Minor clarification.
H. Notice of Final Action. Within five (5 seven calendar 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 to the City. Such notice shall be
accompanied by a copy of the exemption, denial,or coastal development _permit
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Role of Review Authority (1)
Type of Action
Applicable Code
Harbor
Chapter/Section
Director
zoning
Resources
Commission
Council
Coastal
Administrator
Manager
(2)
Commission
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 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. See Chapter 21.66 (Amendments).
(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.
(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, non -appealable or appealable to the Coastal Commission
according to the dispute resolution process in compliance with Section 21.50.050(x).
(9)
A waiver shall not take effect until after the Director makes histher report to the City Council If one -tali" fw-Q
members of the City Council Owe—weng,*" 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)
D. City Proposed Amendment: Revise IP Section 21.52.015(H)
SUGGESTED MODIFICATION: Minor clarification.
H. Notice of Final Action. Within five (5 seven calendar 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 to the City. Such notice shall be
accompanied by a copy of the exemption, denial,or coastal development _permit
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approval with conditions of approval and written findings and the procedures for
appeal of the action to the Coastal Commission.
E. City Proposed Amendment: Revise IP Section 21.52.035(C)(4)(c)(3)
SUGGESTED MODIFICATION: Correct Citations
4. Repair and Maintenance. Repair or maintenance activities, with the exception
of the following activities that involve a risk of substantial adverse environmental
impacts:
a. Any method of repair or maintenance of a seawall revetment, bluff
retaining wall, breakwater, groin, culvert, outfall, or similar shoreline
work that involves:
(1) Repair or maintenance involving substantial alteration of the
foundation of the. protective work including pilings and other
surface or subsurface structures; or
(2) The placement, whether temporary or permanent, of rip rap, or
artificial berms of sand, or any other form of solid material, on a
beach or in coastal waters, streams, wetlands, estuaries, or on
shoreline protective works; or
(3) The replacement of 20 percent or more of the materials of an
existing structure with materials of a different kind; or
(4) The presence, whether temporary or permanent, of mechanized
construction equipment or construction materials on any sand area
or bluff or within 20 feet of coastal waters or streams.
b. Any method of routine maintenance dredging that involves:
(1) The dredging of 100,000 cubic yards or more within a 12 month
period; or
(2) The placement of dredged spoils of any quantity within an
environmentally sensitive habitat area, or any sand area, or within
50 feet of the edge of a coastal bluff or environmentally sensitive
habitat area, or within 20 feet of coastal waters or streams; or
(3) The removal, sale, or disposal of dredge 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.
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F.
e. Any repair or maintenance to facilities or structures or work located in an
environmentally sensitive habitat area, any sand area, within 50 feet of the
edge of a coastal bluff or environmentally sensitive habitat area; or within
20 feet of any coastal waters and streams that include:
(1) The placement or removal, whether temporary or permanent, of rip
rap, rocks, sand or other beach materials or any other forms of
solid materials;
(2) 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 (PQ
(4) 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 (0Q(4) 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.
(�}d. Unless destroyed by disaster, the replacement of 50 percent or more of a
single-family 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 subsection (C)(4) above, 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),
City Proposed Amendment: Revise IP Section 21.52.055 — NO SUGGESTED
MODIFICATION
F. Rgport to the City Council The Director shall report to the City Council at its next
available public hearing 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
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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 etre-thi two members of the City Council mer 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.
G. City Proposed Amendment Change #7: New IP Section 21.62.050
SUGGESTED MODIFICATION: Delete text repetition, and clarify that a request for
a public hearing does not have to be made in writing.
Section 21.62. Public Hearing Waiver for Minor Development
A. Purpose. The purpose of this section is to provide a process, in accordance with Section
306249 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 Pen -nit application for a minor development, if all of the followingoccur:
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 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 all the
following:
a. A statement that a public hearing will be held upon the +wkkn request of
any person provided that such w#qWm request is received by the
Department within fifteen 0 5) working dans 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 request for a public hearing may
result in the loss of that person's ability to Wj!gal to the Coastal
Commission any action taken by the City on a coastal development
permit application in this matter.
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2. No request for public hearing is received by the Department within fifteen (l 5)
working days from the date of sending the notice pursuant to subsection (1) of
this section.
3. 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.
H. City Proposed Amendment: Revise IP Section 21.64.020(A) — NO SUGGESTED
MODIFICATION
21.64.20 — Appeals or Calls for Review
A. Director. Interpretations 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 Ci!y Council pursuant to Section 21.52.055(E}.
I, Proposed Amendment: Revise IP Section 21.64.035(0)(2)
SUGGESTED MODIFICATION: Grammar and Citation corrections
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. Exhaustion of all local appeals shall not apply to any
circumstance identified in Code of Regulations Section 13573ta , 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. The local government jurisdiction charzes an anneal fee for the IinP or
rocessin za Is.
In addition, in accordance with Code of Reeulations Section 135730), there
shall he ne reauirement of exhaustion of local anneals when AaA appeal of a
City decision is filed by twos) members of the Coastal Commission in
compliance with Public Resources Code Section 30625_ Notice of a Coastal
Commissioners' appeal shall be transmitted to the City in compliance with Title
14 California Code of Regulations Section 13111(d). The Gity Director may
transmit the Commissioners appeal to the local appellate body (which considers
appeals from the local body that rendered the final decisions subject to the
Commissioner appeal), and the Commissioner'e l may be suspended
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pending a decision on the merits by that local appellate body. If the final action by
an appellate body modifies or reverses the previous decision, the Coastal
Commissioners shall be required to file a new appeal from that decision.
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