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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
February 11, 2020
Agenda Item No. 19
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David S. Lee, Associate Planner
PHONE: 949-644-3225, dlee@newportbeachca.gov
TITLE: Ordinance No. 2020-7: Amending the Newport Beach Municipal
Code for Lido Isle Hedge Heights (PA2019-132)
ABSTRACT:
For City Council's consideration is an amendment to Newport Beach Municipal Code
(NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program
Implementation Plan) to increase allowable hedge height limitations in front setbacks
abutting stradas on Lido Isle from 42 inches to 60 inches. Due to inconsistent hedge height
regulations between the City of Newport Beach and Lido Isle Community Association
(LICA), the Board of Directors for LICA has made a formal request that the City amend its
regulations to be consistent with LICA's Covenants, Conditions, and Restrictions
(CC&Rs). The amendments were initiated by the City Council on September 10, 2019,
and were approved by the Planning Commission on December 5, 2019.
RECOMMENDATION:
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
c) Waive reading, read by title only, introduce Ordinance No. 2020-7, An Ordinance of
the City Council of the City of Newport Beach, California, Amending Title 20 Entitled
"Planning and Zoning" of the City of Newport Beach Municipal Code Related to Hedge
Heights in Front Setbacks Abutting Stradas Within Lido Isle (PA2019-132), and pass
to second reading on February 25, 2020; and
d) Adopt Resolution No. 2020-19, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment No.
LC2019-002 to the California Coastal Commission to Amend Title 21 Entitled "Local
Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code
Related to Hedge Heights in Front Setbacks Abutting Stradas Within Lido Isle
(PA2019-132).
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Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Background
There is an existing inconsistency in hedge height regulations between the City of
Newport Beach and LICA. City regulations contained within NBMC Title 20 and Title 21
establish a maximum height of 42 inches for hedges within a required front setback area.
In 2001, LICA homeowners voted to amend the CC&Rs to change the hedge height limit
abutting stradas (public walkways) from 30 inches to 60 inches. The inconsistency
between the City's code and LICA has created confusion for Lido Isle residents.
Homeowners have received notices of violation from the City's Code Enforcement
Division. As a result, the Board of Directors for LICA has made a formal request
(Attachment C) that the City amend its regulations to raise hedge height maximums along
the stradas on Lido Isle from 42 inches to 60 inches thereby making the Municipal Code
consistent with their CC&Rs. A strada is a pedestrian walkway located between
residential lots (Figure 1). After a review of Title 20 and Title 21, staff is proposing to
amend the following sections:
• 20.30.040 and 21.30.040 (Fences, Hedges, Walls and Retaining Walls)
• 20.80.010 Area Maps (to add a map to identify Lido Isle)
19-2
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 3
Code Amendment Initiation
Pursuant to City Council Policy K-1 (General Plan and Local Coastal Program) and NBMC
Section 20.66.020, the City Council initiated the amendments on September 10, 2019
(Attachment D) with the adoption of City Council Resolution No. 2019-78.
Current Regulations for Hedge Heights
The maximum height for hedges, fences, and walls in front setback areas is 42 inches,
as regulated by NBMC Title 20 and Title 21. Generally, the intent of restricting heights in
front setbacks is to allow increased light and visibility to front yards, resulting in a more
inviting and secure street frontage. Within rear and side setbacks, hedges, fences, and
walls are allowed to a maximum height of 6 feet to allow for increased privacy.
A hedge is defined as: "a group of shrubs or trees planted in a line or in groups forming a
compact, dense barrier that protects, shields, separates, or demarcates an area from
view. For purposes of this definition, a shrub is a perennial woody plant smaller than a
tree, having multiple permanent stems branching from or near the base and lacking a
single trunk; a bush." Groups of shrubs that have visible gaps in between are not
considered hedges and not regulated in height (Figure 2).
Setback Areas on Lido Isle
Traditional residential lots are subject to a single front setback adjacent to the street
frontage, two side setbacks, and a rear setback opposite the front (Figure 3). However,
Lido Isle lots that do not abut the bay typically have multiple front setbacks. Interior lots
typically have a 10 -foot front setback abutting a strada and a 4 -foot front setback abutting
the street. Corner lots have an additional 1 -foot 6 -inch front setback abutting a side street
(Figure 4). Given the unique orientation of the lots on Lido Isle, the front yards abutting
the stradas function as rear yards but do not have the benefit of taller fences or hedges
to ensure a measure of privacy.
19-3
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Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 4
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19-4
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 5
Proposed Amendment
The amendment would change the maximum hedge height from 42 inches to 60 inches
in front setback areas abutting stradas only. The amended height limit would be
consistent with LICA's CC&Rs. The amendment would not apply to fences or walls.
Allowing hedges to grow up to 60 inches would increase the privacy within the front yards
that abut the stradas. Front setbacks abutting streets and the bay front would remain
limited to the 42 -inch maximum to preserve views and vehicle sight distances. Staff does
not anticipate that every property owner would allow their hedges to grow to the maximum
height and the impact to pedestrians walking along the stradas would be minimal.
Planning Commission Approval
On December 5, 2019, the Planning Commission adopted Resolution Nos. PC2019-035
and PC2019-036 (Attachments E and F) by a unanimous vote (6-0), recommending
approval of Code Amendment No. CA2019-005 to the City Council and recommending
the City Council to authorize submittal of Local Coastal Program Amendment No.
LC2019-002 to the California Coastal Commission.
Coastal Commission Review
Properties located in the Coastal Zone (Attachment 1) of the City are regulated by the
Local Coastal Program (LCP), which is comprised of the Coastal Land Use Plan (CLUP),
a policy document, and the Implementation Plan (IP or Title 21), a regulatory document.
Since Lido Isle is located within the Coastal Zone, an amendment to the Title 21
(Implementation Plan of LCP) is required.
On January 13, 2017, the California Coastal Commission (CCC) effectively certified the
City's LCP and the City assumed coastal development permit -issuing authority on
January 30, 2017. Any amendments to the LCP must be reviewed and approved by the
City Council, with a recommendation from the Planning Commission, prior to submitting
the amendment request to the Coastal Commission. The CCC is the final decision-making
authority on amendments to the certified LCP.
The proposed amendment to raise hedge heights will not have an impact on public access
or views to the bay front. Stradas serve as pedestrian walkways for internal lots on Lido
Isle and do not provide public views of the bay. Additionally, the bay is not directly
accessed from the stradas, as access is found on Via Lido Nord and Via Lido Soud around
Lido Isle.
19-5
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 6
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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).
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available and a Notice of Availability was distributed on
November 22, 2019, to all persons and agencies on the Notice of Availability mailing list
and posted online on the City website.
In addition, notice of these amendments was published in the Daily Pilot as an eighth -
page advertisement, consistent with the provisions of the NBMC. The item also appeared
on the agenda for this meeting, which was posted at City Hall and on the City website.
Lastly, notice of this amendment was posted at the Lido Isle Association Clubhouse for
the residents of Lido Isle.
ATTACHMENTS:
Attachment A
— Ordinance No. 2020-7
Attachment B
— Resolution No. 2020-19
Attachment C
— Letter of Request from LICA
Attachment D
— Resolution No. 2019-78
Attachment E
— Planning Commission Resolution No. 2019-035
Attachment F
— Planning Commission Resolution No. 2019-036
Attachment G
— December 5, 2019 Planning Commission Hearing Minutes
Attachment H
— Map of Lido Isle
Attachment I
— Map of Coastal Zone
19-6
Attachment A
Draft Ordinance — Title 20 Code Amendment
19-7
ORDINANCE NO. 2020- 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20
ENTITLED "PLANNING AND ZONING" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING
STRADAS WITHIN LIDO ISLE (PA2019-132)
WHEREAS, in 2001, the Lido Isle Community Association ("LICA") homeowners
voted to amend the Association Covenants, Conditions, and Restrictions to change the
hedge height limit abutting stradas from thirty (30) inches to sixty (60) inches;
WHEREAS, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") establishes a maximum of forty two (42) inches for hedges within front setback
areas;
WHEREAS, an amendment to Title 20 is necessary to allow a maximum hedge
height of five (5) feet in front setback areas along stradas on Lido Isle, thus removing an
inconsistency between the NBMC and LICA standards;
WHEREAS, a public hearing was held by the Planning Commission on December 5,
2019, 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 California Government Code Section 54950 et seq. the ("Ralph M.
Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution
No. PC2019-035 by a unanimous vote (6 ayes and 0 nays), recommending approval of
Code Amendment No. CA2019-005 to the City Council;
WHEREAS, a public hearing was held by the City Council on February 11, 2020,
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
Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation
Plan) ("LCP") is also underway, as all Lido Isle properties are within the coastal zone; and
.;
Ordinance No. 2020 -
Page 2 of 3
WHEREAS, the amendment to Title 20 shall not become effective until approval
of the subject LCP amendment by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution and/or ordinance of the City Council of the City of Newport Beach.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 20.30.040(C)(6) (Hedges in Lido Isle) of Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code is hereby added to read as follows.-
6.
ollows:
6. Hedges in Lido Isle. The maximum hedge height in the front setback
area abutting stradas in Lido Isle shall be five (5) feet.
Section 2: Section 20.80.010 (Area Maps) of Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code is hereby amended to include Area Map A-7 — Lido Isle,
attached hereto as Exhibit A, with all other Area Maps remaining unchanged.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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 5: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title
14, Division 6, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly, because hedges are already authorized in Lido Isle
and the code amendment would merely allow an incremental increase in height.
19-9
Ordinance No. 2020 -
Page 3 of 3
Section G: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
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, and the same shall become final and
effective upon the effective date of approval by the California Coastal Commission of the
Local Coastal Program Amendment No. LC2019-002.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of February, 2020, and adopted on the 25th day
of February, 2020, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A4-2' C. y 4'1'�
AARON C. HARP, CITY ATTORNEY
Attachment: Exhibit A: Area Map A-7 — Lido Isle
19-10
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Attachment B
Draft Resolution — Title 21 Code Amendment
19-12
RESOLUTION NO. 2020-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL
OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-002
TO THE CALIFORNIA COASTAL COMMISSION TO AMEND
TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH
MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT
SETBACKS ABUTTING STRADAS WITHIN LIDO ISLE (PA2019-
132)
WHEREAS, under Section 30500 of the California Public Resources Code, the
California Coastal Act requires each county and city within the coastal zone to prepare a local
coastal program ("LCP") for that portion of the coastal zone within its jurisdiction;
WHEREAS, the California Coastal Commission approved the Local Coastal
Implementation Plan on September 8, 2016, and the City of Newport Beach ("City") adopted
Title 21 (Local Coastal Program Implementation Plan) ("Title 21") of the Newport Beach
Municipal Code ("NBMC") on November 22, 2016;
WHEREAS, in 2001, the Lido Isle Community Association ("LICA") homeowners voted
to amend the Association Covenants, Conditions, and Restrictions ("CC&Rs") to change the
hedge height limit abutting stradas from thirty (30) inches to sixty (60) inches;
WHEREAS, Title 21 establishes a maximum of forty two (42) inches for hedges within
front setback areas;
WHEREAS, an amendment to Title 21 is necessary to allow a maximum hedge height
of five (5) feet in front setback areas along stradas on Lido Isle, thus removing an inconsistency
between the NBMC and Lido Isle Community Association ("LICA") standards;
WHEREAS, a public hearing was held by the Planning Commission on December 5, 2019,
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 California
Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapters 20.62 and
21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
19-13
Resolution No. 2020 -
Page 2 of 3
WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution Nos.
PC2019-035 and PC2019-036 by a unanimous vote (6 ayes and 0 nays), recommending
approval of Code Amendment No. CA2019-005 to the City Council and authorizing staff to
submit Local Coastal Program Amendment No. LC2019-002 to the California Coastal
Commission, and
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14,
Division 5.5, Chapter 8, drafts of LC2019-002 were made available and a Notice of Availability
was distributed on November 22, 2019 at least six (6) weeks prior to the anticipated final action
date.
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 Local Coastal
Program Amendment No. LC2019-002, amending Chapter 21.30.040 (Fences, Hedges, walls,
and Retaining walls) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code, as attached in Exhibit A, and incorporated herein by reference, to the
California Coastal Commission for review and approval.
Section 2: Local Coastal Program Amendment No. LC2019-002 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.
Section 3: The Local Coastal Program including the proposed amendment was carried
out in full conformity with the California Coastal Act codified in Public Resources Code Section
30000 et seq.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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.
19-14
Resolution No. 2020-
Page
020Page 3 of 3
Section 6: The City Council finds the adoption of this resolution is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Section 21065 of CEQA and
Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical
change to the environment, directly or indirectly. Adoption of this resolution is also exempt
pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to have a
significant effect on the environment, because hedges are already authorized in Lido Isle and
the code amendment would merely allow an incremental increase in height.
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 February, 2020.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
,_ C.
Aaron C. Harp
City Attorney
Will O'Neill
Mayor
Attachment: Exhibit A — Proposed Amendment to the City of Newport Beach Local
Coastal Program Implementation Plan Related to Hedge Heights in Front
Setbacks In Lido Isle (LC2019-002)
19-15
EXHIBIT "A"
Proposed Amendment to the City of Newport Beach Local Coastal Program
Implementation Plan Related to Hedge Heights in Front Setbacks In Lido Isle (LC2019-
002)
Section 1: Section 21.30.040(C)(6) (Hedges in Lido Isle) of Title 21 of the Newport
Beach Municipal Code is hereby added to read as follows:
6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the
maximum hedge height shall be five (5) feet.
Section 2: Section 21.80.010 (Area Maps) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code is hereby amended to replace
Area Map A-10 — Lido Isle as follows, with all other Area Maps remaining unchanged:
19-16
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19-17
Attachment C
Letter of Request from LICA
19-18
lido isle
community
association
701 VIA LIDO SOLID, LIDO ISLE NEWPORT BEACH, CA 92663
TELEPHONE: (949) 673-6170 FAX: (949) 673-6827
February 6, 2019
Jaime Murillo, Diane Dixon and Seimone Jurjis,
This letter is sent in follow-up to the meeting the Lido Isle Board of Directors had with members
from the City regarding the City's front yard hedge height limit on Lido Isle. At the May 2018
meeting, the City requested Lido Isle's Board to advise whether Lido Isle would be requesting the
City to increase the City's front yard hedge height limit on Lido from forty two inches to sixty
inches. The City provided Lido Isle's Board with a timeframe of July 1St, 2018 to inform the City of
the Board's decision whether the Board would like to move forward with the request. The Board
responded to the City by requesting an extension of time to respond, which the City granted
through August 1St, 2018. Owing to other matters, the Board postponed further discussion on the
issue, but as you know, the 42" versus 60" distinction has caused some issues lately between
residents. In 2001, the homeowners voted to amend the Association's CC&Rs to change the hedge
height limit on the stradas from thirty inches to sixty inches. The 60" standard has proven to be
successful for the community for over 15 years, and given that most homeowners presently have
shrubs well in excess of 42", a proposal to now change the CC&Rs to reduce the strada hedge height
limit is unlikely to garner sufficient homeowner approval for passage. Therefore, the Board of
Directors recently decided that it would be in the best interest of the Association and its
membership to formally request the City of Newport Beach to raise the City's front yard hedge
height limit on Lido from forty two inches to sixty inches, as a means of effectively controlling the
front yard hedge height limits without confusion. We are asking the City to please advise the Board
as to their position at this time pertaining to Lido Isle's request to change the City's front yard
hedge height limit on Lido to sixty inches. The Board does appreciate the City's offer to move
forward at no cost to the Lido Isle Community Association per the information provided at the May
2018 meeting.
Thank you for your time and your consideration in this very important matter. We look forward to
-JustiWLahgc�berg
LICA General Manager
ilangenberg@lidoisle.org
(949) 673-6170
a non-profit cooperative organization of all lido isle property owners 19-19
Attachment D
City Council Resolution No. 2019-78
19-20
RESOLUTION NO. 2019-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND
ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
HEDGE HEIGHTS IN FRONT YARD SETBACKS WITHIN
LIDO ISLE (PA2019-132)
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020
provides that the City Council of the City of Newport Beach ("City Council") may initiate
an amendment to the Zoning Code with or without a recommendation from the Planning
Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in NBMC Title 21 to be initiated by the City Council; and
WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to
modify regulations related to hedge heights in front yard setbacks within Lido Isle at the
request of the Lido Isle Community Association ("LICA").
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to NBMC Title 20
"Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to
modify regulations relating to hedge heights in front yard setbacks within Lido Isle.
Section 2: 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 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
19-21
Resolution No. 2019-78
Page 2 of 2
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15262 of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because Section 15262 exempts
projects involving feasibility or planning studies for possible future actions which
the agency, board, or commission has not approved or adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 10TH day of September, 2019.
--� <:2�- --
Will O'Neill
Mayor Pro Tem
ATTEST:
Leilani I. Brown
City Clerk _
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4 ".t, C # C�,�
Aaron C. Harp
City Attorney
19-22
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
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. 2019-78, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10'h day of September, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy
Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council
Member Kevin Muldoon
NAYS: None
RECUSED: Mayor Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 111h day of September, 2019.
Irrill
wil
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I a I
Leilani I. Brown
City Clerk
Newport Beach, California
�s L/hOR�
19-23
Attachment E
Planning Commission Resolution No. 2019-035
19-24
RESOLUTION NO. PC2019-035
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-005
TO AMEND TITLE 20 ENTITLED "PLANNING AND ZONING" OF
THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING
STRADAS IN LIDO ISLE (PA2019-132)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS.-
SECTION
OLLOWS:
SECTION 1. STATEMENT OF FACTS.
An amendment to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal
Code ("NBMC") in relation to hedge heights in front setbacks abutting stradas in Lido
Isle is necessary due to the differing regulations between the City of Newport Beach
("City") and Lido Isle Community Association ("LICA") ("Amendment").
2. A public hearing was held by the Planning Commission on December 5, 2019, 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
California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and
Chapters 20.62 and 21.62 of the NBMC. 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.
The Amendment is not a project subject to the California Environmental Quality Act ("CEQA")
in accordance with Section 21065 of the California Public Resources Code and Sections 15060
(c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"). The Amendment is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), the general rule that CEQA applies only to projects which have the
potential for causing a significant effect on the environment. The Amendment itself does not
authorize development that would directly result in physical change to the environment.
SECTION 3. FINDINGS.
Authorizing the amendment to Title 20 (Planning and Zoning) of the NBMC would correct
an existing inconsistency in hedge height regulations between the City of Newport Beach
and LICA. City regulations contained within NBMC Title 20 establish a maximum of 42
inches for hedges within front setback areas. In 2001, LICA homeowners voted to amend
the Association Covenants, Conditions, and Restrictions ("CC&Rs") to change the hedge
height limit abutting stradas (public walkways) from 30 inches to 60 inches. The Amendment
to Title 20 increases maximum hedge heights in front setback areas abutting stradas on
Lido Isle from 42 inches to 60 inches, consistent with LICA CC&Rs.
19-25
Planning Commission Resolution No. PC2019-035
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2. An amendment to the Local Coastal Program ("LCP") is also underway, as all Lido Isle
properties are part of the coastal zone. The subject Code Amendment shall not become
effective until approval of the subject LCP amendment by the California Coastal Commission
and adoption, including any modifications suggested by the California Coastal Commission,
by resolution and/or ordinance of the City Council of the City of Newport Beach.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the Amendment exempt from CEQA pursuant to Section
21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378,
California Code of Regulations, Title 14, Division 6, Chapter 3. The Amendment is also
exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to
have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2019-005 as set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER, 2019.
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, Weigand
R6�01
ABSTAIN:
ABSENT: Klaustermeier
19-26
Planning Commission Resolution No. PC2019-035
Paae 3 of 7
EXHIBIT "A"
Proposed Code Amendment related to Hedge Heights in Front Setbacks Abutting
Stradas In Lido Isle (CA2019-005)
Section 1: Amending Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows:
20.30.040 Fences, Hedges, Walls, and Retaining Walls.
This section provides standards for the provision of fences, hedges, walls, and retaining walls.
A. Maximum Height Allowed.
1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 3-1
TABLE 3-1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
Location
Maximum Height
Front setback areas.
42 inches. See subsection (B) of this section.
Rear and interior side setback areas.
6 feet in residential and commercial zoning districts.
8 feet in industrial zoning districts adjacent to residential
uses.
Setback areas abutting or adjacent to the waterfront of
42 inches from existing grade prior to construction.
Newport Bay, the shoreline of the Pacific Ocean, the
Setback areas on Balboa Island and Little Balboa Island
Old Channel of the Santa Ana River (the Oxbow Loop),
that are abutting or adjacent to Newport Bay are
or the channels in West Newport.
regulated by subsection (B) of this section.
At intersections of streets, alleys and driveways within
See Section 20.30.130 (Traffic Safety Visibility Area).
traffic sight areas.
Retaining Walls. The maximum height of a retaining wall shall be eight feet measured from finish
grade at the base of the wall, not including any required guardrails. A minimum horizontal separation
equal to the height of the tallest retaining wall shall be provided between retaining walls, except that
the required separation shall not be more than six feet. The above requirements shall not apply to
19-27
Planning Commission Resolution No. PC2019-035
Paae 4 of 7
retaining walls that are an integral part of principal structures. An increase in the height of a retaining
wall may be requested in compliance with Section 20.52.050 (Modification Permits)
B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West
Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences
and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two
feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at
least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1.
C. Exceptions to Maximum Height
1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area
is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk
exists), a maximum twenty-four (24) inch high retaining wall shall be allowed to be located at the front
property line. Additional retaining walls shall be allowed to a maximum height of thirty-six (36) inches
each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face
of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A
maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety
purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or
similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1.
2. Decorative Fence/Wall Details and Lights
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on
fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are
secure and do not extend more than twelve (12) inches above the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light
fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or
wall.
3. Fencing for Pools and Spas.
a. Swimming pools, spas, and other similar features shall be fenced in compliance with Title 15.
b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area
or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42)
19-28
Planning Commission Resolution No. PC2019-035
Paae 5 of 7
inch height limitations may be allowed to exceed the height limit in compliance with the following
standards:
i. Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or
similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the
above, glass or Plexiglas may be allowed; and
ii. Fence height shall be limited to the minimum required by Title 15.
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19-29
Planning Commission Resolution No. PC2019-035
Page 6 of 7
Grade Differential at Front Property Line
4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to
nonresidential zoning districts or commercial alleys, fences, walls, or hedges may be up to eight feet in
height in required residential side yards for buffering and/or sound attenuation
5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD88 and Where the
Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and
rear yard setback areas may be increased provided the height does not exceed six feet as measured
from the proposed finished grade and nine feet as measured from the existing grade prior to
construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from
the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the
existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework,
pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is
constructed of a transparent material.
6.. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum hedge
height shall be five feet.
D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing
grade prior to construction at the location where the fence, hedge, or wall is located.
E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be
allowed in residential zoning districts. (Ord. 2012-11 § 1 (Exh. A), 2012: Ord. 2010-21 § 1 (Exh. A)(part), 2010)
Section 2: Amending Section 20.80.010 (Area Maps) of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code to include Area Map A-7 — Lido Isle as follows:
19-30
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Attachment F
Planning Commission Resolution No. 2019-036
19-32
RESOLUTION NO. PC2019-036
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-002 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 ENTITLED
"LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF
THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING
STRADAS WITHIN LIDO ISLE (PA2019-132)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
As set forth in Section 30500 of the California Public Resources Code, the California
Coastal Act 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's Local Coastal Program
Implementation Plan on January 13, 2017, and the City of Newport Beach ("City") added
Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") to the Newport Beach
Municipal Code ("NBMC") whereby the City assumed coastal development permit -
issuing authority as of January 30, 2017.
3. An amendment to Title 21 is necessary to allow a maximum hedge height of five (5) feet
in front setback areas abutting stradas in Lido Isle ("Amendment"), consistent with Lido
Isle Community Association ("LICA") standards.
4. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, drafts of the LCP Amendments were made available and a Notice of Availability
was distributed on November 22, 2019 at least six (6) weeks prior to the anticipated final
action date.
5. A public hearing was held by the Planning Commission on December 5, 2019, 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
California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter
21.62 of the NBMC. 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.
The Amendment is not a project subject to the California Environmental Quality Act ("CEQA")
in accordance with Section 21065 of the California Public Resources Code and Sections 15060
19-33
Planning Commission Resolution No. PC2019-036
Paqe 2 of 9
(c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have
the potential for causing a significant effect on the environment. Lastly, pursuant to CEQA
Guidelines Section 15265(a)(1), local governments are statutorily exempt from the
requirements of CEQA in connection with the adoption of a local coastal program. The LCP
Amendment itself does not authorize development that would directly result in physical change
to the environment.
SECTION 3. FINDINGS.
Authorizing the Amendment would correct an existing inconsistency in hedge height
regulations between the City and LICA. City regulations contained within Title 20 (Planning
& Zoning) of the NBMC establish a maximum of 42 inches for hedges within front setback
areas. In 2001, LICA homeowners voted to amend the Association Covenants, Conditions,
and Restrictions ("CC&Rs") to change the hedge height limit abutting stradas (public
walkways) from 30 inches to 60 inches. The proposed amendment to Title 21 is to increase
maximum hedge heights in front setback areas abutting stradas on Lido Isle from 42 inches
to 60 inches, consistent with LICA CC&Rs.
2. The Amendment to raise hedge heights will not have an impact on public views or access
to the bay front. Stradas serve as pedestrian walkways for internal lots on Lido Isle and
generally do not have public views of bay. Additionally, the bay is not directly accessed from
the stradas, as access is found off various access points from Via Lido Nord and Via Lido
Soud around Lido Isle.
3. The Amendment to Title 21 shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested by the California Coastal
Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.
4. Title 21, including the proposed amendment, will be carried out fully in conformity with the
California Coastal Act.
5. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission finds the Amendment is not a project subject to CEQA pursuant
to Section 21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and
15378, California Code of Regulations, Title 14, Division 6, Chapter 3. The Amendment is
also exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential
to have a significant effect on the environment. Finally, the adoption of local coastal
programs are statutorily exempt according to Section 15265(a)(1) of the CEQA Guidelines.
19-34
Planning Commission Resolution No. PC2019-036
Page 3 of 9
2. The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No. LC2019-002 related to hedge heights in front
setbacks abutting stradas within Lido Isle, amending Section 21.38.060 (Nonconforming
Parking) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code as set forth in Exhibit "A," which is attached hereto and incorporated herein
by reference, to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 5T" DAY OF DECEMBER, 2019.
AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, Weigand
NOES:
ABSTAIN:
ABSENT: Klaustermeier
19-35
Planning Commission Resolution No. PC2019-036
Paae 4 of 9
EXHIBIT "A"
Proposed Amendment to the City of Newport Beach Local Coastal Program
Implementation Plan Related to Hedge Heights in Front Setbacks In Lido Isle (LC2019-
002)
Section 1: Amend Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of Title
21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read
as follows:
21.30.040 Fences, Hedges, Walls, and Retaining Walls.
This section provides standards for the provision of fences, hedges, walls, and retaining walls for development in all
coastal zoning districts.
A. Maximum Height Allowed.
1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table
21.30-1. Fences, hedges, and walls shall not be allowed or allowed with a reduced height when
necessary to protect coastal resources such as public coastal view, public access, and sensitive
habitat.
TABLE 21.30-1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
Location
Maximum Height
Front setback areas.
42 inches. See subsection (B) of this section.
Rear and interior side setback areas.
6 feet in residential and commercial coastal zoning
districts.
8 feet in industrial coastal zoning districts adjacent to
residential uses.
Setback areas abutting or adjacent to the waterfront of
42 inches from existing grade prior to construction.
Newport Bay, the shoreline of the Pacific Ocean, the
Setback areas on Balboa Island and Little Balboa Island
Old Channel of the Santa Ana River (the Oxbow Loop),
that are abutting or adjacent to Newport Bay are
or the channels in West Newport.
regulated by subsection (B) of this section.
19-36
Planning Commission Resolution No. PC2019-036
Paqe 5 of 9
TABLE 21.30-1
MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS
Location Maximum Height
At intersections of streets, alleys and driveways within See Section 21.30.130 (Traffic Safety Visibility Area).
traffic sight areas.
2. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured from
finished grade at the base of the wall, not including any required guardrails. A minimum horizontal
separation equal to the height of the tallest retaining wall shall be provided between retaining walls,
except that the required separation shall not be more than six feet. The above requirements shall not
apply to retaining walls that are an integral part of principal structures. An increase in the height of a
retaining wall may be requested in compliance with Chapter 21.52 (Coastal Development Review
Procedures).
B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West
Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences
and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two
feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at
least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1.
C. Exceptions to Maximum Height
1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area
is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk
exists), a maximum twenty-four (24) inch high retaining wall shall be allowed to be located at the front
property line. Additional retaining walls shall be allowed to a maximum height of thirty-six (36) inches
each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face
of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A
maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety
purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or
similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1.
2. Decorative Fence/Wall Details and Lights.
19-37
Planning Commission Resolution No. PC2019-036
Paae 6 of 9
a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on
fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are
secure and do not extend more than twelve (12) inches above the maximum allowed height.
b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light
fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or
wall.
3. Fencing for Pools and Spas.
a. Swimming pools, spas, and other similar features shall provide safety fencing.
b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area
or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42)
inch height limitations may be allowed to exceed the height limit in compliance with the following
standards:
i. Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or
similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the
above, glass or Plexiglas may be allowed; and
ii. Fence height shall be limited to the minimum required for safety.
19-38
Planning Commission Resolution No. PC2019-036
Paae 7 of 9
5'10"
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4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to
nonresidential coastal zoning districts or commercial alleys, fences, walls, or hedges may be up to
eight feet in height in required residential side yards for buffering and/or sound attenuation.
5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD 88 and Where the
Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and
19-39
Planning Commission Resolution No. PC2019-036
Paae 8 of 9
rear yard setback areas may be increased provided the height does not exceed six feet as measured
from the proposed finished grade and nine feet as measured from the existing grade prior to
construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from
the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the
existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework,
pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is
constructed of a transparent material.
6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum hedge height
shall be five feet.
D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing
grade prior to construction at the location where the fence, hedge, or wall is located.
E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be
allowed in residential coastal zoning districts. (Ord. 2016-19 § 9 (Exh. A)(part), 2016)
Section 2: Amending Section 21.80.010 (Area Maps) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code to include Area Map A-10 — Lido
Isle as follows:
19-40
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Attachment G
December 5, 2019 Planning Commission Draft
Hearing Minutes
19-42
NEWPORT BEACH PLANNING COMMISSION MINUTES
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, DECEMBER 5, 2019
REGULAR MEETING — 6:30 P.M.
CALL TO ORDER — The meeting was called to order at 6:30 p.m.
II. PLEDGE OF ALLEGIANCE — Commissioner Ellmore
III. ROLL CALL
PRESENT: Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis
Ellmore, Commissioner Lauren Kleiman, Commissioner Mark Rosene
ABSENT: Commissioner Sarah Klaustermeier
Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim
Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Police Civilian
Investigator Wendy Joe, Assistant Planner David Lee, Assistant Planner Liz Westmoreland, Administrative
Support Specialist Clarivel Rodriguez, Administrative Support Technician Amanda Lee
IV. PUBLIC COMMENTS
None
V. REQUEST FOR CONTINUANCES
None
VI. PUBLIC HEARING ITEMS
ITEM NO. 1 LIDO ISLE HEDGE HEIGHTS CODE AND LCP AMENDMENTS (PA2019-132)
Site Location: Lido Isle
Summary:
Amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title
21 (Local Coastal Program Implementation Plan) to raise maximum hedge height limitations in front
setbacks abutting stradas on Lido Isle from 42 inches to 60 inches.
Recommended Action:
1. Receive public comments;
2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15050(c)(3), and 1537. The
proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it
has no potential to have a significant effect on the environment;
3. Adopt Resolution No. PC2019-035 recommending the City Council approve Code Amendment No.
CA2019-005; and,
4. Adopt Resolution No. PC2019-036 recommending the City Council authorize staff to submit Local
Coastal Program Amendment No. LC2019-002 to the California Coastal Commission.
Commissioners Rosene, Kleiman, Ellmore, Lowrey and Weigand disclosed no ex parte communications. Chair
Koetting disclosed his receipt of correspondence from a neighbor.
Assistant Planner David Lee reported Lido Isle Covenants, Conditions, and Restrictions (CC&Rs) allow hedges to
reach a maximum height of 5 feet, but City regulations allow a maximum height of 3.5 feet. The Lido Isle
Community Association (LICA) has requested a Code amendment to increase the maximum hedge height for Lido
Isle to 5 feet when the hedge is located in the front setback abutting a strada only. The City Council approved
initiation of the subject Code amendment on September 10, 2019.
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Assistant Planner Lee stated that Lido Isle consists of primarily single-family residences and a handful of multi -unit
lots. Stradas, defined as public pedestrian walkways with no vehicular access, are located throughout Lido Isle.
Residents of Lido Isle commonly utilize the yard area abutting a strada as a backyard and allow hedges to grow
taller to provide more privacy for the yard. Lido Isle properties are subject to front setbacks of 10 feet along stradas,
4 feet along streets, and 1.5 feet along side streets but no rear setbacks. In a traditional configuration, the
maximum allowed height for hedges and walls is usually greater in the required rear yards than in the front yard in
order to create more privacy. Lido Isle properties typically have a front yard abutting a strada and a second front
yard abutting a street. The maximum allowed height for hedges and walls in front yards is 3.5 feet. Thus, Lido
Isle residents have little private outdoor space. The proposed Code amendment increases the allowed height of
hedges located in front setbacks abutting Lido Isle stradas to 5 feet consistent with the CC&Rs.
In reply to Chair Koetting's inquiries, Assistant Planner Lee advised that residents have to trim an overgrown hedge
to a height of 5 feet. In 2001, the Lido Isle Community Association increased the maximum hedge height from 30
inches to 60 inches. The City's maximum allowed hedge height has always been 42 inches or 3.5 feet. Deputy
Community Development Director Jim Campbell noted an increase in the maximum hedge height will not impact
any public views from any of the stradas. The Local Coastal Program Implementation Plan has to be amended to
allow a less restrictive requirement for hedge heights on Lido Isle.
Chair Koetting opened the public hearing.
Eric Henn, Lido Isle Community Association President, explained that front doors face the street on Lido Isle rather
than the strada because garages are located along the street. In 2001, residents voted to increase the hedge
height to 5 feet to provide some privacy for homes' backyards.
Scott Souders supported the proposed amendment. His Lido Isle home has 5 -foot hedges along the strada.
Without the hedges, a pedestrian can look into his home.
Chair Koetting closed the public hearing.
Motion made by Vice Chair Weigand and seconded by Commissioner Kleiman to adopt Resolution No.
PC2019-035 recommending the City Council approve Code Amendment No. CA2019-005 and Resolution No.
PC2019-036 recommending the City Council authorize staff to submit Local Coastal Program Amendment No.
LC2019-002 to the California Coastal Commission.
AYES: Koetting, Weigand, Lowrey, Ellmore, Kleiman, Rosene
NOES:
ABSTAIN:
ABSENT: Klaustermeier
ITEM NO. 2 FUNKE VARIANCE (PA2018-042)
Site Location: 536 Hazel Drive
Summary:
A request to construct a 777 -square -foot addition to an existing 2,011 -square -foot, single-family residence
to accommodate a Code -compliant two -car garage and additional second -floor living area. Specifically,
the variance is requested to allow a portion of the proposed garage and new second -floor bedroom to
encroach 2 feet into the required 5 -foot front setback along Hazel Drive.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have
a significant effect on the environment; and
3. Adopt Resolution No. PC2019-037 approving Variance No. VA2018-002.
Assistant Planner Liz Westmoreland reported the property is located north of East Coast Highway at the edge of
Corona del Mar. A portion of the property is located in Buck Gully. The house was built in the 1950s and has a
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nonconforming carport. In 1988, a modification permit was approved for a similar project on the property.
However, the project was not constructed, and the permit expired. The applicant seeks to build a compliant two -
car garage, to modernize the house, to add square footage, and to maintain the natural canyon area at the rear of
the site. The applicant has requested approval of a variance to allow a portion of the new construction to encroach
2 feet into the 5 -foot front setback. The stair and front entryway will not encroach into the front setback. The
proposed construction will add approximately 350 square feet and a garage to the home. The buildable area of
the lot is constrained by the principal structure stringline such that the available area on the lot to construct a
residence is smaller than any other property on the 400 and 500 blocks of Hazel Drive. Since other projects have
built out further than the subject project, they can be rebuilt in the existing location. The subject project does not
have the same ability. Staff recommends approval of the variance because it will remove two cars from the street.
Approximately 85 square feet of the proposed structure on both the first and second level will encroach into the
front setback.
Commissioners Rosene, Kleiman, Ellmore, Lowrey and Weigand disclosed no ex parte communications. Chair
Koetting disclosed a conversation with a neighbor.
In response to Vice Chair Weigand's queries, Assistant Planner Westmoreland indicated granting the variance
would not create a precedent for neighboring properties. About four other projects along the street have received
modification permits or variances allowing similar construction reducing the front yard setback. The prior variances
and modifications do not create a precedent, but do help demonstrate compatibility. The other similar projects
have not been detrimental to the community.
In answer to Commissioner Ellmore's questions, Assistant Planner Westmoreland explained that the applicant
proposes to work within the existing structure while remodeling and adding square footage. The structure will have
to comply with current Building Codes. In order to be considered a remodel rather than a redevelopment, the
project must retain some loadbearing components of the structure. If the applicant proposed to rebuild the
structure, a variance may still be required because the constraint on buildable area would be the same.
In reply to Commissioner Rosene's inquiries, Assistant Planner Westmoreland indicated the stringline policy of the
General Plan causes development to expand out or towards the street. Deputy Community Development Director
Campbell indicated that redevelopment of homes along Buck Gully could extend structures towards Buck Gully
over time, but a General Plan amendment would be required to revise the policy and prevent any expansion
towards the Buck Gully.
In response to Chair Koetting's queries, Assistant Planner Westmoreland advised that the structure does not meet
the definition of a cottage. Staff proposed Condition of Approval No. 2 because the applicant wanted to maintain
the existing foundation and structural components. If the project is extended into the canyon to the principal
stringline, then the applicant has indicated that the foundation and structural components would have to be
completely replaced to support the addition. Condition of Approval No. 2 is intended to keep the applicant from
extending into both the canyon and into the front setback.
Chair Koetting opened the public hearing.
Erich Funke, property owner, reported the purpose of the project is to create a livable, modern home and a usable
garage. The proposed two -car garage will replace the existing master bedroom, which will be relocated to the new
second floor. He agreed to the proposed conditions of approval.
Tracey Funke, property owner, indicated one adjacent neighbor has an existing two -car garage and a second
adjacent neighbor will be constructing a two -car garage. Neighbors support the project.
Jim Mosher noted the staff report does not refer to the Implementation Program for the General Plan policy and
questioned the absence of an implementing regulation from the Zoning Code. In addition, he questioned the
rationale for the applicant requesting a variance rather than applying for a modification permit. The variance is
needed because the applicant does not want to move a wall of the structure, not because the stringline constrains
the buildable area.
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Deputy Community Development Director Campbell explained that in updating the Zoning Code in 2010, the
Council limited the scope of modification permits to no more than 10 percent of the standard. The applicants could
not achieve their objectives through a modification permit because the relief sought exceeds 10 percent of the
standard leading to the subject variance application. Amending the Zoning Code to include regulations to
implement the stringline policy is an item on staffs work plan. The unique circumstances in this case include the
steep topography, the regulations, and the interior wall. Denying the variance request could result in the applicant
selling the home to someone who would demolish the existing structure and build a home with a large basement.
In answer to Commissioner Ellmore's questions, Deputy Community Development Director Campbell stated the
project is an extensive remodel with an addition. The appearance of the proposed home will be completely different
from the existing structure.
Assistant Planner Westmoreland reported Condition of Approval No. 12, regarding construction noise, should state
"... on Saturdays, Sundays or Holidays."
In response to Commissioner Rosene's inquiry, Deputy Community Development Director Campbell clarified that
the Council revised the modification permit process in 2010. The applicants cannot utilize a modification permit
because of the amount of relief they are seeking.
Steve Prough, a neighbor, expressed his support for the project.
Chair Koetting closed the public hearing.
Motion made by Secretary Lowrey and seconded by Chair Koetting to approve staffs recommendation with
the revision of Condition of Approval No. 12.
AYES: Koetting, Weigand, Lowrey, Ellmore, Kleiman, Rosene
NOES:
RECUSED:
ABSENT: Klaustermeier
Commissioner Kleiman departed the meeting at approximately 7:12 p.m.
ITEM NO. 3 MALIBU FARM EXPANSION (PA2019-057)
Site Location: 3416, 3420, and 3424 Via Oporto
Summary:
A minor use permit to expand an existing food service, eating and drinking establishment with a Type 47
(On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license. The
existing restaurant is located at 3420 Via Oporto and includes indoor and outdoor areas. The existing
624 -square -foot, take -out -only ice cream and coffee shop (to remain) is located at 3416 Via Oporto. The
proposed expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto into additional
restaurant space. No late hours (after 11 p.m.) are proposed. If approved, this Minor Use Permit would
supersede Use Permit No. UP2017-026.
Recommended Action:
1. Conduct a public hearing;
2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15301 under Class 1 (Existing Facilities) of the CEQA Guidelines because it has no potential to have
a significant effect on the environment;
3. Adopt Resolution No. PC2019-038 approving Minor Use Permit No. UP2019-022 and rescinding
Use Permit No. UP2017-026.
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Assistant Planner Westmoreland reported the Planning Commission approved a minor use permit for the
existing restaurant in 2017. In 2018, a conditional use permit addressed parking for Lido Marina Village and
allocated the maximum square footage for restaurant uses in Lido Marina Village. If the Planning Commission
approves the project, 115 square feet of net public area will remain for restaurant uses within Lido Marina
Village. The applicant proposes to expand the existing restaurant and add a small back -of -house area to the
former Malibu Farm retail space. The applicant does not propose to operate the business after 11 p.m. The
2018 conditional use permit for parking at Lido Marina Village includes a condition of approval requiring a
minimum of 6 feet for public access along the waterfront but 10 feet is the ideal. Assistant Planner
Westmoreland described an improvement within the existing public walkway easement to provide a gated
landing area for an ADA -accessible gangway that redirects the public. Staff does not recommend approval of
the proposed patio area because it would allow for less than 10 feet of access, the ideal standard, and could
further impede public access in the presence of the gated landing area.
Commissioners disclosed no ex parte communications.
In answer to Vice Chair Weigand's inquiry, Assistant Planner Westmoreland advised that the gangway provides
access to different uses within the existing waterfront marina.
Chair Koetting opened the public hearing.
John Stockwell, business owner, remarked that the patio is important to the restaurant because people like to sit
outside. The distance between the proposed patio and the railing is only 5 feet, and pedestrians have to walk
around it. He proposed constructing a patio 10 feet away from the ADA -accessible gangway. The railing is a
sidewalk obstruction with or without the proposed patio.
In reply to Vice Chair Weigand's inquiries, Assistant Planner Westmoreland clarified that the condition of
approval states the public walkway along the waterfront should be 10 feet wide. The proposed patio would
provide a 6 -foot accessway to the accessible gangway and encroach into the sidewalk. The restaurant has
an existing patio. Police Civilian Inspector Wendy Joe stated the Police Department's only interest in the
project pertains to alcohol licensing and use. Deputy Community Development Director Campbell suggested
staff could structure the conditions so that the Planning Commission could approve the project with the
proposed patio and the applicant could submit modifications to the patio for ministerial review and the Director's
approval.
In answer to Chair Koetting's question, Assistant Planner Westmoreland indicated an engineer familiar with
accessibility requirements would have to determine if the landing could be relocated.
In response to Commissioner Ellmore's queries, Mr. Stockwell advised that the proposed patio can
accommodate eight seats, and the edge of the patio would be 10 feet 5 inches away from the landing. The
patio does not receive direct sunlight because it's on the north side of the building, and umbrellas probably
would not be needed for shade.
In answer to Vice Chair Weigand's questions, Deputy Community Development Director Campbell related that
a retractable awning or umbrellas over the patio could be feasible. Previously, the Planning Commission
included a condition of approval indicating an ideal sidewalk would be 10 feet wide. A minimum width of 6 feet
is acceptable to staff.
Mr. Stockwell expressed concern regarding Conditions of Approval Nos. 2 and 6. Kristofer Golder, DJM
Capital, requested Condition of Approval No. 2 to be deleted because the applicant wants to retain the outdoor
patio; he requested Condition of Approval No. 3 should be modified to state maintenance of a 6 -foot pedestrian
easement clear of any obstructions; Condition of Approval No. 6 should be deleted because it states only the
existing patio shall be permitted; and a condition of approval may be added to require reconfiguring or removing
the existing ADA railings at the gangway to maintain clearance on the boardwalk.
Chair Koetting suggested the Planning Commission continue the item so that staff and the applicant can
resolve issues with the conditions of approval and the ADA -accessible gangway. He expressed concern about
insufficient parking to support an expansion of the restaurant.
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Motion made by Chair Koetting and seconded by Commissioner Ellmore to continue the item.
In reply to Vice Chair Weigand's inquiries, Assistant Planner Westmoreland reported the expansion falls within
the allowable square footage allocated to restaurant uses under the parking study and the conditional use
permit for parking. The condition requires the boardwalk to be a minimum of 6 feet wide and ideally 10 feet
wide. With the proposed patio, the boardwalk will be 6 feet wide.
Vice Chair Weigand preferred to allow ministerial review and approval of any changes rather than to continue
the item. Deputy Community Development Director Campbell advised that staff could likely work with the
applicant and return the item to the Commission on January 9, 2020. If the gated gangway landing could be
relocated, staff would support the proposed patio.
Commissioner Rosene could approve the project with ministerial review of modifications to the landing.
Community Development Director Seimone Jurjis indicated that the holiday closure would delay resolution of
the issues beyond the next few weeks.
Jim Mosher related that the building faces east, and the proposed patio would receive the morning sun.
Condition of Approval No. 57 refers to a 60 -day time period but does not state the action that begins the 60 -
day period.
Assistant Planner Westmoreland recommended Condition of Approval No. 57 state "within 60 days of
approval."
Chair Koetting closed the public hearing.
Chair Koetting and Commissioner Ellmore withdrew the motion.
Secretary Lowrey could agree to continuing the item or approving the project with ministerial review but did not
wish to delay the project unduly.
Based on Mr. Golder's confirmation that construction plans have not been submitted, Chair Koetting
commented that construction could not begin for several months. He proposed any motion require resolution
of the ADA -accessible gangway prior to allowing the applicant to implement the outdoor patio.
Deputy Community Development Director Campbell recommended the Planning Commission: (1) replace
Condition of Approval No. 2 with "the proposed 132 -square -foot outdoor patio may be permitted provided the
existing dock railing impediment within the 6 -foot easement is removed or relocated to the satisfaction of the
Director;" (2) delete the second and third sentences from Condition of Approval No. 3; and (3) delete the
second and third sentences from Condition of Approval No. 6.
In answer to Commissioner Ellmore's query, Mr. Golder advised that an awning that does not impede the
boardwalk could be installed over the proposed patio. Condition of Approval No. 10 may be modified to state
"the use of umbrellas for shade purposes shall be permitted. Any other type of outdoor covering shall be
subject to review and approval by the Community Development Director."
Motion made by Vice Chair Weigand and seconded by Commissioner Rosene to adopt Resolution No.
PC2019-038 approving Minor Use Permit No. UP2019-022 and rescinding Use Permit No. UP2017-026 with
the stated revisions to Conditions of Approval Nos. 2, 3, 6, 10, and 57.
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AYES: Koetting, Weigand, Lowrey, Ellmore, Rosene
NOES:
RECUSED:
ABSENT: Klaustermeier, Kleiman
VII. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
None
ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS
WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE
AGENDA.
Community Development Director Jurjis appreciated Commissioners' service during 2019. The next meeting will
be January 9, 2020. The Council has requested that staff prepare an action plan to address the Regional Housing
Needs Allocation (RHNA) for the City, and staff will present an action plan to the Council on January 14, 2020.
Listen and Learn workshops are scheduled for Districts 1 and 4, next week.
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
None
VIII. ADJOURNMENT — 7:55 p.m.
The agenda for the December 5, 2019, Planning Commission meeting was posted on Friday, November
22, 2019, at 3:00 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, November 22,
2019, at 1:05 p.m.
Peter Koetting, Chairman
Lee Lowrey, Secretary
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Attachment H
Map of Lido Isle
19-50
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Attachment I
Map of Coastal Zone
19-52
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..........:
-----------------
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---- City Boundary
Coastal Zone Area
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City of Newport Beach, California
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19-53