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Home My WebLink About04 - Amending the LCP Implementation Plan Related to Setback Maps S -3A and S -3B on Lido Isle (PA2016-066)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 28, 2021 Agenda Item No. 4 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. 2021-17: Amending the LCP Implementation Plan Related to Setback Maps S -3A and S -3B on Lido Isle (PA2016-066) F±133 d:7±Tib 6 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), correcting setback maps affecting eight residential properties on Lido Isle. Approval of the proposed ordinance will also make the setback maps in Title 21 consistent with the setback maps provided in the 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 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use Limitations) because it has no potential to have a significant impact on the environment; and b) Conduct second reading and adopt Ordinance No. 2021-17, 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. LC2017-004 Related to Certain Front Yard and Side Yard Setbacks on Lido Isle (PA2016-066). DISCUSSION: On September 12, 2017, the City Council adopted Resolution No. 2017-59, authorizing submittal of LCP Amendment No. LC2017-004 to the California Coastal Commission (CCC) for review and approval. The resolution specified LCP Amendment No. LC2017- 004 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. 4-1 Ordinance No. 2021-17: Amending the LCP Implementation Plan Related to Setback Maps S -3A and S-313 on Lido Isle (PA2016-066) September 28, 2021 Page 2 On September 14, 2018, the CCC approved LCP Amendment No. LC2017-004 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 LC2017-004, as certified by the CCC. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: The amendment is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). The Class 5 exemption allows minor alterations in land use limitations in areas with an average slope of less than 20 percent and which do not result in any changes in land use or density. In this case, the eight lots affected by the amendment have an average slope of less than 20 percent; the amendment will not change the land use category or zoning district of the affected lots; and the maximum number of dwelling units per lot will not change. 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: IG�'1iL�iii_Qi]T � .fP'Flitra►C.��ii��iQir7 4-2 ATTACHMENT A ORDINANCE NO. 2021-17 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. LC2017-004 RELATED TO CERTAIN FRONT YARD AND SIDE YARD SETBACKS ON LIDO ISLE (PA2016-066) 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, following adoption of the City 2010 comprehensive update to Title 20 (Planning and Zoning) of the NBMC, City staff discovered that front setbacks were left unclarified and/or inadvertently placed on Setback Maps S -3A and S-36 Lido Isle in Section 20.80.040 (Setback Maps) of the NBMC for the residential properties located at 203 Via Ithaca and 300, 328, 332, 335, 408, 412 and 416 Piazza Lido; WHEREAS, these same Setback Maps were incorporated into the 2017 certification of Title 21 for properties located in the coastal zone; 4-3 Ordinance No. 2021-17 Page 2 of 4 WHEREAS, therefore, staff initiated amendments to Titles 20 and 21 in order to correct Setback Maps S -3A and S-313 Lido Isle,- WHEREAS, sle; WHEREAS, amending the Setback Maps S -3A and S-313 Lido Isle to restore the correct side yard setbacks and clarify front setbacks does not result in a significant change to the existing development pattern of the neighborhood since the properties were developed to these standards, therefore, this code amendment allows the properties to maintain their existing uses and remain consistent with adjacent properties; WHEREAS, a public hearing was held by the Planning Commission on July 6, 2017, 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. ("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. 2062 by a unanimous vote (6 ayes, 1 absent, 0 nays) recommending to the City Council approval of LCP Amendment No. LC2017-004 and Zoning Code Amendment No. CA2016-004; WHEREAS, a public hearing was held by the City Council on September 12, 2017, 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 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. 2017-13 to adopt Zoning Code Amendment No. CA2016-004 and authorized submittal of LCP Amendment No. LC2017-004 to the California Coastal Commission by a unanimous vote (7 ayes, 0 nays); WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5 of the California Code of Regulations, review drafts of the LCP Amendment No. LC2017-004 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing; and Ordinance No. 2021-17 Page 3 of 4 WHEREAS, on September 14, 2018, the California Coastal Commission approved LCP Amendment No. LC2017-004 (LCP-5-NPB-17-0084-1 Part A) as submitted with no modifications, as a result, LCP Amendment No. LC2017-004 is now deemed approved and certified as part the City's LCP and Title 21. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Setback Maps S -3A and S-313 Lido Isle in Section 21.80.040 (Setback Maps) of the NBMC are hereby amended as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. Section 2: The LCP and Title 21, including LCP Amendment No. LC2017-004, shall be carried out in full conformance with the California Coastal Act. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: 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. Section 5: The City Council finds LCP Amendment No. LC2017-004 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. LC2017-004 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. LC2017-004 itself does not authorize development that would directly result in physical change to the environment. 4-5 Ordinance No. 2021-17 Page 4 of 4 Section 6: 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 7: 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. 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 ATTORNEY'S OFFICE _ �i N C. HAR CI ATTORNEY Attachments: Exhibit A — Setback Maps S -3A and S-313 Lido Isle C 9w 3 ,. ' 4 4 � � "�' � SII] fa,• y �' � +• " Fars , /o r p a, - 3' yJ4 1. .a `l%r • � C Y 0 irz,z, 'mo :em $ m io:, S -3A - Lido Isle Setback Map 4-7 � o pRO mom ca ``gyp'V Bs Ili +zy H„ � a yiq vs o � � p " jC/ v O Ftiptc� F-. Z, 77 •.; K�Qz- 10 4r �. �� "•• ti4� O SI" ! oNY �d' � V• JL�rk y Szr a4,� 4 4 yam. �,• �tire•„ ye. k° N` e Mo 4 G �v y0 4vs .. �{ v / `�rY •, «N �yy O �� a hor w y sr v e ar3 �70 w 8 w kw S -31B - Lido Isle Setback Map 4-8