HomeMy WebLinkAbout2020-102 - Authorizing Submittal of Local Coastal Program Amendment No. LC2019-006 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Residential DesignRESOLUTION NO. 2020-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2019-006 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO RESIDENTIAL DESIGN STANDARDS (PA2019-070)
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a local coastal program ("LCP") for the portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of
Newport Beach Local Coastal Program Coastal Land Use Plan ("Local Coastal Program")
as amended from time to time including most recently on February 12, 2019, via
Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Plan on January 13, 2017, and the 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;
WHEREAS, in 2010, the City adopted revisions to Title 20 (Planning and Zoning)
("2010 Zoning Code Update") in order to streamline the review process and simplify the
development standards applicable to residential development, while maintaining allowable
building envelopes and preserving the character of existing communities which were also
incorporated into Title 21 (Local Coastal Program Implementation Plan);
WHEREAS, the City is revising Title 20 (Planning and Zoning) to minimize the bulk
and mass associated with recent residential developments ("Zoning Code Amendment")
and, as a result, an amendment to Title 21 (Local Coastal Program Implementation Plan)
("LCP Amendment") is necessary to ensure consistency;
WHEREAS, the LCP Amendment revises the definition of gross floor area to
capture unfinished attics and open space standards;
Resolution No. 2020-102
Page 2 of 5
WHEREAS, the revision to the definition of gross floor area is appropriate in order
to prevent the unpermitted conversion of unfinished attics and decks for use as living
area;
WHEREAS, additionally, a minor clarification is needed to the Open Space row of
Table 21.18-4 (Development Standards for Multi -Unit Residential Coastal Zoning
Districts) of the NBMC, clarifying that common and private open space requirements only
apply to multi -unit residential developments of three (3) units or more;
WHEREAS, on May 14, 2019, the City Council initiated portions of the Code
Amendment under Resolution No. 2019-43 authorizing staff to investigate code revisions to
reduce third floor mass and overall building bulk associated with single -unit and two -unit
developments;
WHEREAS, on May 28, 2019, the City Council initiated the remaining portion of the
Code Amendment under Resolution No. 2019-45 authorizing staff to initiate code revisions
to restrict single -unit and two -unit dwellings developed on lots zoned for RM (Multiple
Residential) to the development standards applicable to the standards of the R-2 (Two -
Unit Residential) Zoning District;
WHEREAS, on August 19, 2019, the Community Development Department staff
hosted a community meeting attended by 64 interested members of the public, including
design professionals in order to receive community feedback on the draft Zoning Code
and LCP Amendments;
WHEREAS, on September 10, 2019, the City Council held a study session to receive
a staff update on comments received at the August 19, 2019 community meeting on the
draft Zoning Code and LCP Amendments and to provide staff further direction;
WHEREAS, on March 9, 2020, the Community Development Department staff
hosted a second community meeting attended by 25 interested members of the public,
including design professionals in order to receive additional community feedback on the
refinements to the Zoning Code and LCP Amendments;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, Subchapter 2, Article 5 ("Public Participation"), a draft of Local Coastal Program
Amendment No. LC2019-006 was made available and a Notice of Availability was
distributed on April 23, 2020, at least six (6) weeks prior to the City Council public hearing;
Resolution No. 2020-102
Page 3 of 5
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. 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 (Public Hearings) of the
NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission
recommended staff seek guidance from the California Department of Housing and
Community Development ("HCD") as to whether the proposed Zoning Code and LCP
Amendments complied with Housing Crisis Act of 2019 (Senate Bill 330), which generally
prohibits a locality from enacting a development policy, standard or condition that reduces
intensity, imposes moratoriums, enforces subjective design standards or implements any
provision that limits approvals or caps population;
WHEREAS, at the request of the City, HCD reviewed the proposed Zoning Code
and LCP Amendments, including the May 7, 2020 Planning Commission agenda materials
for compliance with the Housing Crisis Act of 2019;
WHEREAS, on July 31, 2020, HCD issued a letterto the City finding that upon review
of the materials, the pending revisions do not trigger the Housing Crisis Act "less intensive
use" provisions under Government Code section 66300, subdivision (b)(1)(A);
WHEREAS, a telephonic public hearing was held by the Planning Commission on
September 17, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose
of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the Planning Commission at this public hearing. At the conclusion of
the hearing, the Planning Commission adopted Resolution No. PC2020-032 by a majority
vote (5 ayes, 2 nays) recommending to the City Council approval of Local Coastal
Program Amendment No. LC 2019-006; and
Resolution No. 2020-102
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WHEREAS, a telephonic public hearing was held by the City Council on November
24, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose
of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the City Council at this public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize submittal of Local Coastal
Program Amendment No. LC2019-006 amending Table 21.184 of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) and Section
21.70.020 (Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal
Program Implementation Plan) of the NBMC as set forth in Exhibit "A," which is attached
hereto and incorporated herein by reference, to the California Coastal Commission.
Section 2: The LCP Amendment 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.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: The Local Coastal Program and Title 21 (Local Coastal Program
Implementation Plan), including the proposed LCP Amendment, will be carried out fully
in conformity with the California Coastal Act.
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.
Resolution No. 2020-102
Page 5 of 5
Section 6: The City Council finds the adoption of this resolution is not 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 LCP 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. 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 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 24th day of November, 2020.
Will O'Neill
Mayor
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C
d,-,-
AaYon C. Harp
City Attorney
Attachment: Exhibit A - Proposed Local Coastal Program Amendment No. LC2019-006
Related to Residential Design Standards (PA2019-070)
EXHIBIT "A"
Proposed Local Coastal Program Amendment No. LC2019-006
Related to Residential Design Standards (PA2019-070)
Section 1: The Open Space row of Table 21.18-4 of Section 21.18.030
(Development Standards for Multi -Unit Residential Coastal Zoning Districts) of Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code shall
be amended to read as follows:
Section 2: The definition of "Floor Area, Gross" of Section 21.70.20 (Definitions
of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code, shall be amended to read as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
Minimum required open space (applicable to 3 or more unit development).
Common: 75 square feet/unit
Minimum dimension shall be 15
Open Space
feet. Private: 5% of the gross
floor area for each unit.
The minimum dimension is for length
Minimum dimension shall be 6
and width.
feet.
Section 2: The definition of "Floor Area, Gross" of Section 21.70.20 (Definitions
of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code, shall be amended to read as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
iv. Covered parking spaces which are open only on one side.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level; and
ii. Covered decks, balconies or patios open on at least two sides,
with the exception of required safety railings and minimal
structural supports. Railings shall be constructed of either
transparent material (except for supports) or opaque material
(e.g., decorative grillwork, wrought iron, latticework, or similar
open materials) so that at least forty (40) percent of the railing is
open.
2. Multi -Unit Residential (3+ dwellings), Mixed -Use, and Nonresidential Structures.
a. For multi -unit residential, mixed-use, and nonresidential structures, the
following areas shall be included in calculations of gross floor area:
i. The surrounding exterior walls; and
ii. Any interior portion of a structure that is accessible and that
measures more than four feet from floor to ceiling.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level;
ii. Outdoor dining areas associated with an eating and drinking
establishment, and
iii. Parking structures associated with an allowed use within the same
development.
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. 2020-102 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 24th day of November, 2020; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Kevin Muldoon
NAYS: None
ABSENT: Council Member Duffy Duffield, Council Member Jeff Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of November, 2020.
aAA-;J
Leilani I. Brown
City Clerk
Newport Beach, California