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HomeMy WebLinkAbout20200723_Resolution_PC2020-032RESOLUTION NO. PC2020-032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-006 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) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. 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. 2. 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. 3. 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. 4. The City is considering revisions to Title 20 (Planning and Zoning) development standards to minimize the bulk and mass associated with recent residential developments, including limiting the area of third level covered decks and redefining gross floor area (Code Amendment No. CA2019-004). An amendment to Title 21 (Local Coastal Program Implementation Plan) (“LCP Amendment”) is necessary to ensure consistency with changes in Code Amendment No. CA2019-004 affecting Title 20 Planning and Zoning). 5. 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. 6. 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 Planning Commission Resolution No. PC2020-032 Page 2 of 6 hearing was given in accordance with the California Government Code Section 54950 et seq. (“Ralph M. Brown Act”), Chapter 21.62 (Public Hearings) of the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the hearing, the Planning Commission voted to remove the item from calendar to allow staff time to seek guidance from the State regarding compliance with Housing Crisis Act of 2019 (Senate Bill 330). 7. At the request of the City, the California Department of Housing and Community Development (HCD) reviewed the proposed amendments, including the May 7, 2020, Planning Commission agenda materials, for compliance with the Housing Crisis Act of 2019. The Housing Crisis Act 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. Specifically, Government Code section 66300, subdivision (b)(1)(A) does not allow a locality to enact requirements that result in less intensive use. On July 31, 2020, HCD issued a letter to 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). 8. 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 California Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) 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 LCP 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 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 3. FINDINGS. 1. With the adoption of the revisions to Title 20 (Planning and Zoning) in 2010 (“2010 Zoning Code Update”), changes to development standards were intended to streamline the review Planning Commission Resolution No. PC2020-032 Page 3 of 6 process and simplify the development standards applicable to residential development, while maintaining allowable building envelopes and preserving the character of existing communities. Many of these development standards were incorporated into Title 21 (Local Coastal Program Implementation Plan). 2. One change that occurred was related to the definition of gross floor area. As currently defined, gross floor area excludes unfinished attics with a ceiling height of six (6) feet or greater and is not clear with respect to the threshold of what constitutes an enclosed deck or patio. As a result, the bulk and scale of new residential developments appear larger than what the applicable floor area limits intend. In some cases, attics are illegally finished without permits and partially enclosed decks and patios are illegally fully enclosed with windows resulting in structures exceeding allowable floor area limits. Revisions to the definition are necessary to avoid a “box-like” appearance and to appropriately regulate large attics and partially enclosed covered patios and decks. The LCP Amendment will also help discourage unpermitted conversions of these spaces by increasing the visibility and difficulty of modifying these spaces for use as living area. 3. A minor clarification is needed to the Open Space row of Table 21.18-4 (Development Standards for Multi-Unit Residential Coastal Zoning Districts) clarifying that common and private open space requirements only apply to multi-unit residential developments of three 3) units or more. 4. 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. 5. 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. 6. 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: 1. The Planning Commission finds the LCP 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. The proposed action 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 is statutorily exempt according to Section 15265(a)(1) of the CEQA Guidelines. 2. The Planning Commission of the City of Newport Beach hereby recommends submittal of Local Coastal Program Amendment No. LC2019-006 amending Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) and Section Planning Commission Resolution No. PC2020-032 Page 4 of 6 21.70.020 (Definitions of Specialized Terms and Phrases) 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 17rH DAY OF SEPTEMBER 2020. AYES : NOES : ABSTAIN : ABSENT: BY : Klaustermeier, Kleiman , Koetting, Rosene, and Weigand Ellmore and Lowrey Lauren Kleiman, Secretary Planning Commission Resolution No. PC2020-032 Page 5 of 6 EXHIBIT “A” Proposed Local Coastal Program Amendment No. LC2019-006 Related to Residential Design Standards (PA2019-070) Section 1: Amend 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 to read as follows: Open Space Minimum required open space (applicable to 3 or more unit development). Common: 75 square feet/unit Minimum dimension shall be 15 feet. Private: 5% of the gross floor area for each unit. Minimum dimension shall be 6 feet. The minimum dimension is for length and width. Section 2: Amend 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, 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 finished floor to ceiling; and I I Planning Commission Resolution No. PC2020-032 Page 6 of 6 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 finished 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.