HomeMy WebLinkAboutCity Council Resolution 2019-90RESOLUTION NO. 2019-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
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
COASTAL LAND USE PLAN REGULATING THE
TRANSFER OF DEVELOPMENT RIGHTS (PA2019-154)
WHEREAS, 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;
WHEREAS, in 2005 the 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 January 22, 2019, via Resolution No. 2019-8;
WHEREAS, the California Coastal Commission effectively certified the City of
Newport Beach's ("City") Local Coastal Implementation Plan on January 13, 2017, and
the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the
City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal
development permit -issuing authority on January 30, 2017;
WHEREAS, 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 Policies LU 4.3 and 6.14.3 and implementing
regulations of Chapter 20.46 of Title 20 ("Zoning Code") of the NBMC;
WHEREAS, 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 Local Coastal Program and provide benefits and incentives
to coastal resource protection including:
The 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,
Resolution No. 2019-90
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The provision for and/or protection of public view corridors and public access,
Incentivizing the dedication or use of private parking lots for public use and access
to the coast,
The preservation of marine -dependent uses and industries such as shipyards and
boat storage facilities, and
Incentivizing planned retreat and dedication of open space as an adaptive strategy
for future coastal hazards such as sea level rise;
WHEREAS, a public hearing was held by the Planning Commission 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;
WHEREAS, on August 22, 2019, the Planning Commission adopted Resolution
No. PC2019-026 by a unanimous vote (7 ayes, 0 nays), recommending approval of Local
Coastal Program Amendment No. LC2019-003 to the City Council;
WHEREAS, a public hearing was held by the City Council on October 8, 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 City Council at this public hearing; and
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), 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 City Council public hearing.
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. LC2019-003, 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 Coastal Land Use Plan, as attached in Exhibit A, and incorporated herein by
reference, to the California Coastal Commission for review and approval.
Resolution No. 2019-90
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Section 2: Local Coastal Program Amendment No. LC2019-003 shall not become
effective until approved and adopted by the California Coastal Commission, 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 will be
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 partof 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.
Section 6: 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, 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.
Resolution No. 2019-90
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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 8th day of October, 2019.
ATTEST:
Leilani I.. ..
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aron . Harp
City At rney
DIANE DIXON
Mayor
Attachment: Exhibit A - Proposed Amendment to the City of Newport Beach
Local Coastal Program Related to Transfer of Development Rights
LC2019-003)
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 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.
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 the findings set forth 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 only make findings set forth in (B) and (E)
below. In all other areas, the Council shall make all of the following findings:
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 21.80.010 (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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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. 2019-90, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 8 1 day of October, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, 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
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 91h day of October, 2019.
4)ata-,( &k- -
Leilani I. Brown
City Clerk
Newport Beach, California