HomeMy WebLinkAbout03 - Amending the LCP Implementation Plan Related to Residential Design Standards Addressing Third Story Massing (PA2019-070)Q �EwPpRT
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<,FORN'P City Council Staff Report
September 28, 2021
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Principal Planner, jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2021-16: Amending the LCP Implementation Plan
Related to Residential Design Standards Addressing Third Story
Massing (PA2019-070)
ABSTRACT:
For the City Council's consideration is the adoption of an amendment to Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to
update the definition of gross floor area and applicability of open volume regulations for
consistency with the adopted changes to Title 20 (Zoning Code) and the California
Coastal Commission approval. The attached ordinance was introduced and considered at
the September 14, 2021, City Council meeting.
RECOMMENDATION:
a) Find this amendment 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; and
b) Conduct second reading and adopt Ordinance No. 2021-16, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code and Adopting
Local Coastal Program Amendment No. LC2019-006 Related to Residential Design
Standards (PA2019-070).
DISCUSSION:
On November 24, 2020, the City Council adopted Resolution No. 2020-102, authorizing
submittal of LCP Amendment No. LC2019-006 to the California Coastal Commission
(CCC) for review and approval. The resolution specified LCP Amendment No. LC2019-
006 shall not become effective until approval by the CCC and adoption, including any
modifications suggested by the CCC, by resolution(s) and/or ordinance(s) of the City
Council.
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Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to
Residential Design Standards Addressing Third Story Massing (PA2019-070)
September 28, 2021
Page 2
On December 8, 2020, the City Council adopted Ordinance 2020-28, adopting CA2019-
004 to amend Title 20 (Zoning Code) of the NBMC revising development standards
applicable to single- and two -unit residential developments to reduce bulk and mass
associated with future residential developments. Minor amendments to Title 21 of the
NBMC were also needed to update the definition of gross floor area and applicability of
open volume regulations for consistency with the adopted changes to Title 20.
On July 7, 2021, the CCC approved LCP Amendment No. LC2019-006 with no
modifications. As a result, the amendment is now considered approved and became a
certified part the City's Local Coastal Program. This item is the final adoption of the
ordinance amending Title 21 to approve LC2019-006, as certified by the CCC.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW
The action proposed herein is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines
Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt from
the CEQA pursuant to State 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
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2021-16
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ATTACHMENT A
ORDINANCE NO. 2021-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE AND ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-006 RELATED
TO RESIDENTIAL DESIGN STANDARDS (PA2019-070)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program for the 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 ("LCP") 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 Council
adopted Ordinance No. 2016-19 adding 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 Title 20 (Planning and Zoning) development standards
were revised, in part, 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, however, some of
revisions resulted in unintended consequences;
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Ordinance No. 2021-16
Page 2of7
WHEREAS, therefore, staff initiated amendments to Titles 20 and 21 in order to
correct the issues;
WHEREAS, on May 14, 2019 and May 28, 2019, the City Council adopted
Resolution Nos. 2019-43 and 2019-45, respectively, authorizing staff to initiate code
revisions to reduce third floor mass and overall building bulk associated with single- and
two -unit developments and to restrict single- and two -unit dwellings developed on lots
zoned for Multiple Residential (RM) to the development standards applicable to the
standards of the Two -Unit Residential (R-2) Zoning District ("Code Amendment");
WHEREAS, on August 19, 2019 and March 9, 2020, the Community
Development Department hosted community meetings attended by members of the
public, including design professionals, to share the proposed Code Amendment and
receive community feedback;
WHEREAS, on September 10, 2019, the City Council held a study session to
receive a staff update regarding the status of the proposed Code Amendment, summary
of the comments received at the August 19, 2019, community meeting, and to provide
staff further direction;
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 Chapters 20.62 and 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 voted to
remove the Code Amendment from calendar to allow staff time to seek guidance from
the California Department of Housing and Community Development ("HCD") as to
whether it complied with the Housing Crisis Act of 2019 (Senate Bill 330);
WHEREAS, 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);
Ordinance No. 2021-16
Page 3of7
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 Chapters 20.62 and 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 adopted
Resolution No. PC2020-032 by a majority vote (5 ayes, 2 nays) recommending to the
City Council approval of LCP Amendment No. LC2019-006 and Zoning Code
Amendment No. 2019-004;
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
Chapters 20.62 and 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;
WHEREAS, at the conclusion of the hearing, the City Council introduced
Ordinance No. 2020-28 adopting Zoning Code Amendment No. 2019-004 and
Resolution No. 2020-102 authorizing submittal of LCP Amendment No. LC2019-006 to
the California Coastal Commission by a unanimous vote (5 ayes, 0 nays); and
WHEREAS, on July 7, 2021, the California Coastal Commission approved LCP
Amendment No. LC2019-006 (LCP-5-NPB-21-0036-1 Part A) with no modifications, as
a result, LCP Amendment No. LC2019-006 is now deemed approved and became a
certified part the City's Local Coastal Program on July 21, 2021.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
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:
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Ordinance No. 2021-16
Page 4 of 7
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.
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Minimum required open space (applicable to 3 or more unit development).
Common: 75 square feet/unit
Open
Minimum dimension shall be 15
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.
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Ordinance No. 2021-16
Page 5 of 7
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.
Section 3: The LCP and Title 21, including LCP Amendment No. LC2019-006,
shall be carried out in full conformance with the California Coastal Act.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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.
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Ordinance No. 2021-16
Page 6 of 7
Section 6: The City Council finds the adoption of LCP Amendment No.
LC2019-006 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"). LCP Amendment No. LC2019-006 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. LCP Amendment No. LC2019-006 itself does
not authorize development that would directly result in physical change to the
environment.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
M
Ordinance No. 2021-16
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of September, 2021, and adopted on the 28th
day of September, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
F
1
AA ON C. HARP, CITY ATTORNEY
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