HomeMy WebLinkAboutNotice of Availability - Complete
NOTICE OF AVAILABILITY OF
DRAFT LOCAL COASTAL PROGRAM AMENDMENTS RELATED TO CORRECTIONS,
CLARIFICATIONS, AND INCONSISTENCIES
NOTICE IS HEREBY GIVEN that in accordance with applicable provisions of the Coastal Act and Section
13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5, a
draft of the proposed amendment is available for public review and inspection at the Planning Division and
at all branches of the Newport Beach Public Library, and online at www.newportbeachca.gov/lcp for the
following amendment to the Implementation Plan (IP) of certified Local Coastal Program (LCP):
Amendment to Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) The Zoning Code allows residential lots to be subdivided to create lots with smaller
sizes and dimensions than required by that zone, provided the lot size and dimensions are not less
than the original underlying lots on the same block face and in the same zoning district. However,
this provision was inadvertently left out of the certified Implementation Plan of the LCP. This
amendment would correct that oversight and make the LCP consistent with existing Zoning Code
provisions.
Amendment to 21.28.010 (Purposes of Overlay Zoning Districts) Overlay zoning districts are a
common tool to modify a base zoning district for a specific area. While overlay zoning districts
typically provide a higher level of regulation (more restrictive) than the base zoning classification,
they can also permit exceptions or be less restrictive. In cases where conflicting standards are given
by an overlay district and the base zoning, those of the overlay district typically control. This
amendment will clarify the code intent.
Amendment to 21.62.020(B) (Method of Notice Distribution) Prescribed methods of notice
distribution include: publication in a newspaper of general circulation; mailing to affected property
owner, local agencies, nearby property owners and residents, persons requesting notice, and the
California Coastal Commission; and posting of a sign and notice. In lieu of mailed notice, Subsection
21.62.020(B)(4) authorizes the Director to choose alternative notice specified by State law. To
eliminate ambiguity and provide clarification of the alternative afforded by State law, the amendment
will clearly specify that the alternative is to publish a one-eighth page display advertisement in a
newspaper of general circulation within the City.
The Planning Commission of the City of Newport Beach is scheduled to consider this item and make a
recommendation to the City Council at a regular meeting to be held at 6:30 p.m. on May 21, 2020, at the
City of Newport Beach Council Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. The date
and time of the Planning Commission meeting has been noticed in accordance with City of Newport Beach
notification requirements. Given the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19, we recommend that you submit your questions and comments in
writing for Planning Commission consideration by sending them to the Community Development
Department at PlanningCommissioners@newportbeachca.gov. To give the Planning Commission
adequate time to review your questions and comments, please submit your written comments by
Wednesday, May 20, 2020, at 5:00 p.m. In addition, members of the public will have the ability to
participate in this meeting telephonically. Please review the Plann ing Commission Agenda for further
instructions. The Agenda, staff report and corresponding documents will be posted to the City’s website
at www.newportbeachca.gov/planningcommission, by end of business day on Friday, May 15, 2020.
While the City does not expect there to be any changes to the above process for participating in this
meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
If you are unable to participate in the meeting via the process set forth in the agenda, please contact
the Planning Division at (949-644-3200 or CDD@newportbeachca.gov and our staff will attempt to
accommodate you.
Furthermore, the City Council of the City of Newport Beach is tentatively scheduled to consider this item
at a regular meeting to be held at 7:00 p.m. on June 23, 2020, at the City of Newport Beach Council
Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. The date and time of the City Council
meeting will be noticed in accordance with City of Newport Beach notification requirements. Given the
Declaration of a State Emergency and Proclamation of Local Emergency related to COVID 19, this
meeting may occur telephonically. Anyone wishing to attend the public hearing should check the June
9, 2020, meeting agenda on the City's webpage at newportbeachca.gov/agendas or contact the City
Clerk at 949-644-3005 or cityclerk@newportbeachca.gov, during normal business hours, to receive
information on how to attend this meeting.
For questions regarding this proposed LCP Amendment, please contact Jaime Murillo, Principal Planner,
at 949-644-3209, jmurillo@newportbeachca.gov.
Proposed Local Coastal Program
Amendment No. LC2019-1 to Provide Clarification and Correct Errors and Inconsistencies
(LC2019-001)
Section 1: Amend Table 21.18-2 of Section 21.18.030 (Residential Coastal Zoning Districts General
Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code adding Note 6 to the Lot Area row as follows:
Development Feature R-A R-1 R-1-6,000 Additional Requirements
Lot Area (1) (6):
Corner lot 87,120 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Interior lot 87,120 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that
identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not
be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width
and length may vary according to the width and depth of the original underlying lots. New subdivisions that would
result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless
authorized by an amendment of the General Plan (GPA).
Section 2: Amend Table 21.18-3 of Section 21.18.030 (Residential Coastal Zoning Districts General
Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code adding Note 6 to the Lot Area row as follows:
Development Feature R-BI R-2 R-2-6,000
Additional
Requirements
Lot Area (1)(2)(3)(6):
Corner lot 2,375 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Interior lot 2,375 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that
identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not
be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width
and length may vary according to the width and depth of the original underlying lots. New subdivisions that would
result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless
authorized by an amendment of the General Plan (GPA).
Section 3: Amend Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts General
Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code adding Note 8 to the Lot Area row as follows:
Development Feature RM RM-6,000 Additional Requirements
Lot Dimensions Minimum dimensions required for each newly created lot.
Lot Area (1)(2)(8):
Corner lot 6,000 sq. ft. 6,000 sq. ft.
Interior lot 5,000 sq. ft. 6,000 sq. ft.
(8) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that
identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not
be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width
and length may vary according to the width and depth of the original underlying lots. New subdivisions that would
result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless
authorized by an amendment of the General Plan (GPA).
Section 4: Amend Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code as follows
21.28.010 Purposes of Overlay Coastal Zoning Districts.
The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are
outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with
Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g.,
setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if
any. In situations where an inconsistency occurs between the development standards of the underlying coastal
zoning district and the standards in this chapter the most restrictive standards of the overlay district shall prevail.
Section 5: Amend Subsection 21.62.020(B)(4) (Alternative to Mailing) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code to reflect the practical realities involved in posting
notice on a large number of properties and to clarify that the noticing process is consistent with the legal
requirements of Government Code Section 65091, Public Hearings as follows:
4. Alternative to Mailing. If the number of property owners, residents, and interested persons to whom notice
would be mailed in compliance with subsection (B)(2)(c) of this section is more than one thousand (1,000), in
lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a
newspaper of general circulation within the City. the Director may choose to provide the alternative notice
specified by State law where it is reasonable that such substitute notice is expected to be adequate or better
notice rather than through a mailed notice. However, a mailed notice shall still be provided to those persons
who have requested notice, including all persons known to the applicant to be a party interested in the
application, including those persons who testified at or submitted written comments for the local hearing(s).
Section 6: Add Subsection 21.62.020(B)(6) (Additional Notice) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code as follows:
6. Additional Notice. The Director may choose to provide additional notice of the hearing in any other
manner deemed necessary or desirable.
From: Rodriguez, Clarivel
Sent: Thursday, May 7, 2020 10:11 AM
To: Murillo, Jaime
Subject: FW: City of Newport Beach: Notice of Availability of Draft Local
Coastal Program Amendments Related to Corrections,
Clarifications, and Inconsistencies
FYI
CLARIVEL RODRIGUEZ
Community Development Department
Assistant to the Community Development Director
crodriguez@newportbeachca.gov
949-644-3232
From: City of Newport Beach <NoReply@newportbeachca.gov>
Sent: Thursday, May 7, 2020 10:09 AM
To: Rodriguez, Clarivel <CRodriguez@newportbeachca.gov>
Subject: City of Newport Beach: Notice of Availability of Draft Local Coastal Program Amendments
Related to Corrections, Clarifications, and Inconsistencies
Notice of Availability of Draft Local Coastal Program Amendments Related to
Corrections, Clarifications, and Inconsistencies
Post Date: 05/07/2020 9:30 am
NOTICE IS HEREBY GIVEN that in accordance with applicable provisions of the Coastal Act and Section
13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5, a
draft of the proposed amendment is available for public review and inspection at the Planning Division
and at all branches of the Newport Beach Public Library, and online at www.newportbeachca.gov/lcp for
the following amendment to the Implementation Plan (IP) of certified Local Coastal Program (LCP):
Amendment to Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) The Zoning Code allows residential lots to be subdivided to create lots with smaller sizes and
dimensions than required by that zone, provided the lot size and dimensions are not less than the
original underlying lots on the same block face and in the same zoning district. However, this provision
was inadvertently left out of the certified Implementation Plan of the LCP. This amendment would
correct that oversight and make the LCP consistent with existing Zoning Code provisions.
Amendment to 21.28.010 (Purposes of Overlay Zoning Districts) Overlay zoning districts are a common
tool to modify a base zoning district for a specific area. While overlay zoning districts typically provide a
higher level of regulation (more restrictive) than the base zoning classification, they can also permit
exceptions or be less restrictive. In cases where conflicting standards are given by an overlay district and
the base zoning, those of the overlay district typically control. This amendment will clarify the code
intent.
Amendment to 21.62.020(B) (Method of Notice Distribution) Prescribed methods of notice distribution
include: publication in a newspaper of general circulation; mailing to affected property owner, local
agencies, nearby property owners and residents, persons requesting notice, and the California Coastal
Commission; and posting of a sign and notice. In lieu of mailed notice, Subsection 21.62.020(B)(4)
authorizes the Director to choose alternative notice specified by State law. To eliminate ambiguity and
provide clarification of the alternative afforded by State law, the amendment will clearly specify that the
alternative is to publish a one-eighth page display advertisement in a newspaper of general circulation
within the City.
The Planning Commission of the City of Newport Beach is scheduled to consider this item and make a
recommendation to the City Council at a regular meeting to be held at 6:30 p.m. on May 21, 2020, at the
City of Newport Beach Council Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. The date
and time of the Planning Commission meeting has been noticed in accordance with City of Newport
Beach notification requirements. Given the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19, we recommend that you submit your questions and comments in
writing for Planning Commission consideration by sending them to the Community Development
Department at PlanningCommissioners@newportbeachca.gov. To give the Planning Commission
adequate time to review your questions and comments, please submit your written comments by
Wednesday, May 20, 2020, at 5:00 p.m. In addition, members of the public will have the ability to
participate in this meeting telephonically. Please review the Planning Commission Agenda for further
instructions. The Agenda, staff report and corresponding documents will be posted to the City’s website
at www.newportbeachca.gov/planningcommission, by end of business day on Friday, May 15, 2020.
While the City does not expect there to be any changes to the above process for participating in this
meeting, if there is a change, the City will post the information as soon as possible to the City’s website.
If you are unable to participate in the meeting via the process set forth in the agenda, please contact the
Planning Division at (949-644-3200 or CDD@newportbeachca.gov and our staff will attempt to
accommodate you.
Furthermore, the City Council of the City of Newport Beach is tentatively scheduled to consider this item
at a regular meeting to be held at 7:00 p.m. on June 23, 2020, at the City of Newport Beach Council
Chambers, 100 Civic Center Drive, Newport Beach, CA 92660. The date and time of the City Council
meeting will be noticed in accordance with City of Newport Beach notification requirements. Given the
Declaration of a State Emergency and Proclamation of Local Emergency related to COVID 19, this
meeting may occur telephonically. Anyone wishing to attend the public hearing should check the June 9,
2020, meeting agenda on the City's webpage at newportbeachca.gov/agendas or contact the City Clerk
at 949-644-3005 or cityclerk@newportbeachca.gov, during normal business hours, to receive
information on how to attend this meeting.
For questions regarding this proposed LCP Amendment, please contact Jaime Murillo, Principal Planner,
at 949-644-3209, jmurillo@newportbeachca.gov.
For a full copy of this Notice of Availability,please click here.
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LCPA NOA Mailing List
Updated: 02/05/2019 F:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\LCP_CDP_intranet\LCP_NOA_Mailing_List
California State Coastal Conservancy
1330 Broadway #1300
Oakland, CA 94612
Santa Ana Regional Water Quality
Control Board
3737 Main St., Suite 500
Riverside, CA 92501
U. S. Fish and Wildlife Service
Carlsbad Office
2177 Salk Avenue Suite 250
Carlsbad, CA 92008-7385
California Coastal Commission
South Coast District Office
200 Oceangate, 10th Floor
Long Beach, CA 90802-4116
Updated 2/21/19 (see below)
California State Lands Commission
200 Oceangate, 12th Floor
Long Beach, CA, 90802
California Department of Fish and Game
South Coast Region
3883 Ruffin Road
San Diego, CA 92123
South Coast District
California Coastal Commission
301 E. Ocean Blvd., Suite 300
Long Beach, CA 90802
California State Lands Commission
Long Beach, CA, 90802
(562) 590-5201
James Mosher
2210 Private Rd
Newport Beach, CA 92660
California Natural Resources Agency
1416 Ninth Street, Suite 1311
Sacramento, CA 95814
South Coast Air Quality
Management District
P.O. Box 4940
Diamond Bar, CA 91765-0940
Stop Polluting Our Newport (SPON)
P.O. Box 102
Balboa Island, CA 92662
CA Dept. Transportation – Dist. 12
Attn: Mr. Bob Joseph
1750 E 4th St #100
Santa Ana, CA 92705
Orange County Register
2190 S. Town Centre Place
Anaheim, CA 92806
Ms. Rebecca De Leon
Environmental Planning Team
Metropolitan Water District of SC
700 N. Alameda Street, US3-230
Los Angeles, CA 90012
Updated 2/5/19 (see above)
Orange County Register
625 N. Grand Avenue
Santa Ana, CA 92701
City of Irvine
Attn: Tim Gehrich, AICP, Manager
Planning & Development Services
P.O. Box 19575
Irvine, CA 92623-9575
City of Costa Mesa
P.O. Box 1200
Costa Mesa, CA 92628-1200
City of Costa Mesa
Development Services Department
77 Fair Drive, 2nd Floor
Costa Mesa, CA 92628
City of Huntington Beach
Planning Department
2000 Main Street
Huntington Beach, CA 92648
Community Development Department
City of Irvine
One Civic Center Plaza
P.O. Box 19575
Irvine, CA 92623-9575
City of Laguna Beach
Director of Community Development
505 Forest Avenue
Laguna Beach, CA 92651
County of Orange
Planning and Development
300 North Flower Street
Santa Ana, CA 92705
LCPA NOA Mailing List
Updated: 02/05/2019 F:\Users\CDD\Shared\Admin\Planning_Division\Current_Templates\LCP_CDP_intranet\LCP_NOA_Mailing_List
Army Corps of Engineers
911 Wilshire Blvd
Los Angeles, CA 90017
US Coast Guard
1911 Bayside Drive
Corona del Mar, CA 92625
California State Parks Department
Chief’s Office
700 North Alameda Street, 5th Floor
Los Angeles, CA 90012
Cal. Environmental Protection Agency
P.O. Box 2815
Sacramento, CA 92518-2815
California Dept of Toxic Substances
Control Environmental Review
P.O. Box 806
Sacramento, CA 95812-0806
updated 2/5/19 (see below)
State of California
Office of Historic Preservation
P.O. Box 942896
Sacramento, CA 94269
California Department of Water
Resources
P.O. Box 942836
Sacramento, CA 94236
California Dept of Toxic Substances
Attention: Dave Kereazis, CEQA
8800 Cal Center Drive, 2nd Floor
Sacramento, CA 95826
California Division of Boating and
Waterways
1 Capital Mall, Suite 500
Sacramento, CA 95814-3245
Southern California Association of
Governments
818 West Seventh Street, 12th Floor
Los Angeles, CA 90017-3435
Native American Heritage Commission
915 Capitol Mall, Room 364
Sacramento, CA 95814
Orange County Fire Authority
Chief’s Office
P.O. Box 57115
Irvine, CA 92619-7115
Orange County Transportation Authority
550 S. Main Street
P.O. Box 14184
Orange, CA 92863-1584
Orange County Sheriff
Harbor Patrol Division
1901 Bayside Drive
Corona del Mar, CA 92625
Irvine Ranch Water District
P.O. Box 57000
Irvine, CA 92619-7000
Mesa Consolidated Water District
1965 Placentia Avenue
P.O. Box 5008
Costa Mesa, CA 92627
Orange County Sanitation District
P.O. Box 8127
Fountain Valley, CA 92708-8127
Daily Pilot
10540 Talbert Avenue, Suite 300
Fountain Valley, CA 92708
National Marine Fisheries Service
501 W. Ocean Blvd
Long Beach, CA 90802-4213
State Board of Forestry & Fire Protection
P.O. Box 944246
Sacramento, CA 94244-2460
Governor’s Office of Planning and Research
State Clearinghouse
1400 Tenth Street, Room 222
Sacramento, CA 94269
California Air Resources Board
1001 “I” Street
P.O. Box 2815
Sacramento, CA 95812
California Dept. of Conservation - Division
of Oil, Gas & Geothermal Resources-Dist. 1
5816 Corporate Avenue, Suite 200
Cypress, CA 90630-4731
MWDOC
10500 Ellis Avenue
P.O. Box 20895
Fountain Valley, CA 92728
California Dept of Conservation
Division of Mines Geology
801 K Street – MS 12-30
Sacramento, CA 95814
Mesa Consolidated Water District
P.O. Box 5008
Costa Mesa, CA 92628
Santa Ana Unified School District
1601 East Chestnut Avenue
Santa Ana, CA 92701-6322
Laguna Beach School District
550 Blumont Street
Laguna Beach, CA 92651