HomeMy WebLinkAbout20190822_Resolution_PC2019-026RESOLUTION NO. PC2019-026
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-003 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY
OF NEWPORT BEACH MUNICIPAL CODE AND THE CITY OF
NEWPORT BEACH LOCAL COASTAL PROGRAM REGULATING
THE TRANSFER OF DEVELOPMENT RIGHTS (PA2019-154)
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 that portion of the coastal zone within its
jurisdiction.
2. The California Coastal Commission effectively certified the City of Newport Beach's
("City") LCP on January 13, 2017, and the City added Title 21 (Local Coastal Program
Implementation Plan) to the City of Newport Beach Municipal Code ("NBMC") whereby
the City assumed coastal development permit-issuing authority on January 30, 2017.
3. An amendment to Title 21 and the City of Newport Beach Local Coastal Program is
necessary to allow for the transfer of development rights consistent with General Plan
Land Use Element Policy LU 4.3 and implementing regulations of Chapter 20.46 of Title
20 ("Zoning Code") of the NBMC.
4. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5,
drafts of the LCP Amendments were made available and a Notice of Availability was
distributed on August 8, 2019 at least six (6) weeks prior to the anticipated final action
date.
5. A public hearing was held on August 22, 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 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 action proposed herein 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,
Planning Commission Resolution No. PC2019-026
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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 exempt from the requirements
of CEQA in connection with the adoption of a Local Coastal Program. The Amendment itself
does not authorize development that would directly result in physical change to the
environment.
SECTION 3. FINDINGS.
1. Authorizing the amendment to Title 21 (Local Coastal Program Implementation Plan) of the
NBMC and the City of Newport Beach Local Coastal Program regulating the transfer of
development rights in the coastal zone ("LCP Amendments") may further the policies in the
Coastal Land Use Plan and provide the following benefits and incentives to coastal resource
protection:
• Preservation of historic buildings or buildings with special character-defining features
that contribute to the visual qualities of the villages in the coastal zone, such as in Balboa
Village or McFadden Square, which are popular visitor destination points;
• Provisions for and/or protections for public view corridors and public access;
• lncentivize the dedication or use of private parking lots for public use and access to the
coast;
• Preservation of marine-dependent uses and industries such as shipyards and boat
storage facilities; and
• lncentivize planned retreat and dedication of open space as an adaptive strategy for
future coastal hazards such as sea level rise.
2. The LCP Amendments 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.
3. The LCP, including the proposed Amendment, will be carried out fully in conformity with the
California Coastal Act.
4. 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:
Planning Commission Resolution No. PC2019-026
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1. The Planning Commission finds the project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines
Sections 15060 (c)(2), 15060 (c)(3), and 15378. 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.
2 . The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No . LC2019-003, adding Chapter 21.46 (Transfer of
Development Rights) to Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code and amending the City of Newport Beach Local Coastal Program 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 22ND DAY OF AUGUST, 2019.
AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, Rosene, and Weigand
NOES:
ABSTAIN :
ABSENT:
Planning Commission Resolution No. PC2019-026
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EXHIBIT "A"
Proposed Amendment to the City of Newport Beach Local Coastal Program
Related to Transfer of Development Rights (LC2019-003)
Section 1: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use
Plan to add Policy 2.1.1-2 as follows, with all other provisions of the Coastal Land Use Plan
remaining unchanged:
2.1.1-2 Permit the transfer of development rights from a property to one or more other
properties when the transfer does not result in adverse traffic impacts, results in
development that is compatible and in scale with surrounding development, and is
implemented in a manner consistent with the LCP and applicable policies from Chapter 3
of the Coastal Act.
Section 2: Amending Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code to include the addition of Chapter 21.46 (Transfer of
Development Rights) as follows:
Chapter 21.46
TRANSFER OF DEVELOPMENT RIGHTS
Sections:
21.46.010 Purpose.
21.46.020 Applicability.
21.46.030 General Requirements.
21.46.040 Procedures.
21.46.050 Findings.
21.46.010 Purpose.
This chapter provides procedures for the transfer of development rights from a property to
one or more other properties.
21.46.020 Applicability.
The provisions of this chapter shall apply within all coastal zoning districts.
21.46.030 General Requirements.
A. Floor Area for a Donor Site. The maximum gross floor area allowed on a donor site shall
be reduced by the amount of the transfer of development intensity to the receiving site.
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B. Residential Uses. When the transfer of development rights involve residential units, the
transfer shall be on a unit-for-unit basis.
21.46.040 Procedures.
The following procedure shall be used for the transfer of development rights:
A. Application. The applicant shall submit a Coastal Development Permit application to the
Department that identifies the quantity of development (e.g., residential units, floor area, hotel
rooms, theater seats, etc.) to be relocated and the donor and receiving site(s). If the
requested transfer includes the conversion of nonresidential uses, the application shall also
identify the quantity of entitlement, by use category, before and after the transfer. The
Coastal Development Permit shall be processed in accordance with Chapters 21.50 and
21.52.
B. Traffic Analysis. The Traffic Engineer shall perform a traffic analysis to determine the
total number of p.m. peak hour trips that would be generated by development allowed with
and without the transfer. Trip generation rates shall be based on standard trip generation
values in the current version of the Institute of Traffic Engineers "Trip Generation," unless the
Traffic Engineer determines that other rates are more valid for the uses involved in the
transfer.
C. Detailed Traffic Analysis. Depending on the location of the donor and receiving site(s),
the Traffic Engineer may determine that a more detailed traffic analysis is required to
determine whether adverse traffic impacts will result from the transfer. This analysis shall
demonstrate whether allowed development, with and without the transfer, would either cause
or make worse an unsatisfactory level of service at any primary intersections for which there
is no feasible mitigation.
D. Land Use Intensity Analysis. If the transfer request involves the conversion of uses, the
Director shall perform a land use intensity analysis to determine the floor area that could be
developed with and without the transfer.
E. Council to Consider. Applications for transfer of development rights shall be considered
by the Commission with a recommendation to the Council. The Council may approve a
transfer of development rights only if it makes all of the findings in Section 21.46.050.
F. Legal Assurances. A covenant or other legally binding agreement approved by the City
Attorney shall be recorded against the donor site assuring that all of the requirements of the
transfer of development rights will be met by the current and future property owners.
21.46.050 Findings.
When approving a coastal development permit authorizing a transfer of development rights in
Newport Center, the Council shall make Findings B and E below. In all other areas, the
Council shall make all of the following findings:
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A. The reduced density/intensity on the donor site provides benefits to the City, for
example:
1. The provision of extraordinary open space, public view corridor(s), increased
parking, or other amenities;
2. Preservation of a historic building or property, or natural resources;
3. Improvement of the area's scale and development character;
4. Reduction of local vehicle trips and traffic congestion; and
5. More efficient use of land.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer, and the
proposed uses and physical improvements would not lend themselves to conversion to
higher traffic generating uses;
C. The increased development potential transferred to the receiving site will be compatible
and in scale with surrounding development and will not create abrupt changes in scale or
character;
D. The receiving site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views and open
space, and site characteristics, including any slopes, submerged areas, and sensitive
resources; and
E. The transfer of development rights decision is consistent with the Coastal Land Use
Plan and does not negatively impact public access, public views, or sensitive coastal
resources.
Section 3: Amending Section 21.80.01 O (Area Maps) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code to include Area Map A-15 -
Newport Center as follows:
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