HomeMy WebLinkAbout03 - Amending the Local Coastal Program Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)Q �EwPpRT
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<,FORN'P City Council Staff Report
December 14, 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. 2021-26: Amending the Local Coastal Program
Implementation Plan Related to Corrections, Clarifications, and
Inconsistencies (PA2019-055)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2021-26 amending
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code (NBMC) to provide code clarification and corrections, and to resolve inconsistencies
between Title 20 (Zoning Code) and Title 21. The attached ordinance was introduced and
considered at the November 30, 2021, City Council meeting.
RECOMMENDATION:
a) Find this project statutorily 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 a have a
significant effect on the environment; and
b) Conduct second reading and adopt Ordinance No. 2021-26, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Local Coastal Program
Amendment No. 2019-001 Amending Title 21 (Local Coastal Program Implementation
Plan) to Correct and Clarify Provisions Related to Minimum Lot Size and Dimensions,
Overlays and Public Hearing Notice Requirements (PA2019-055).
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Ordinance No. 2021-26: Amending the LCP Implementation Plan Related to
Corrections, Clarifications, and Inconsistencies (PA2019-055)
December 14, 2021
Page 2
DISCUSSION:
On July 28, 2020, the City Council approved amendments to Title 20 and Title 21 of the
NBMC to provide code clarification and corrections, and to resolve inconsistencies between
the two codes.
Ordinance No. 2020-19, approving the Title 20 amendments, was introduced on July 28,
2020, and adopted by the City Council on August 25, 2020, and is now effective.
The proposed amendments to Title 21 required review and approval by the California
Coastal Commission (CCC). At the July 28, 2020, City Council meeting, the City Council
adopted Resolution No. 2020-72, authorizing submittal of Local Coastal Program (LCP)
Amendment No. LC2019-001 to the CCC for review and approval. The resolution
specified LCP Amendment No. LC2019-001 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.
On October 13, 2021, the CCC approved LCP Amendment No. LC2019-001 with no
modifications. As a result, the amendment is now considered deemed approved and
became a certified part the City of Newport Beach Local Coastal Program. This item is
the final adoption of the ordinance amending Title 21 to approve LC2019-001, as certified
by the Coastal Commission.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to 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 pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to a have 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 Amendments themselves do 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. 2021-26
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ATTACHMENT A
ORDINANCE NO. 2021-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
LOCAL COASTAL PROGRAM AMENDMENT NO.
LC2019-001 AMENDING TITLE 21 (LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN) TO CORRECT
AND CLARIFY PROVISIONS RELATED TO MINIMUM
LOT SIZE AND DIMENSIONS, OVERLAYS AND PUBLIC
HEARING NOTICE REQUIREMENTS (PA2019-055)
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 September 14, 2021, via Resolution No. 2021-79;
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, on April 23, 2019, the City Council adopted Resolution No. 2019-41 to
initiate amendments to Title 21 related to minimum lot size and dimensions, overlay zoning
districts, public hearing notification, corrections to setback maps and the transfer of
development rights ("LCP Amendment No. LC2019-001 ");
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Ordinance No. 2021-26
Page 2 of 7
WHEREAS, a telephonic public hearing was held by the Planning Commission on
June 18, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, 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 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 hearing, the Planning Commission adopted Resolution No.
PC2020-025 (6 ayes, 0 nays, 1 absent) recommending to the City Council adoption of
LCP Amendment No. LC2019-001;
WHEREAS, a telephonic public hearing was held by the City Council on July 28,
2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California 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 Chapter 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 hearing, the City Council adopted Resolution No. 2020-072
authorizing submittal of LCP Amendment No. LC2019-001 to the California Coastal
Commission and Ordinance No. 2020-19 by a unanimous vote (7 ayes, 0 nays);
WHEREAS, on October 13, 2021, the California Coastal Commission approved
LCP Amendment No. LC2019-001 (LCP-5-NPB-20-0060-2 Part B) with no
modifications, as a result, LCP Amendment No. LC2019-001 is now deemed approved
and became a certified part the City's Local Coastal Program on October 13, 2021; and
WHEREAS, 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, drafts of LCP Amendment No. LC2019-001 were
made available and a notice of availability was distributed at least six weeks prior to the
City Council public hearing.
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Ordinance No. 2021-26
Page 3 of 7
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Add Note 6 and amend the Lot Area row of Table 21.18-2 of
Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2,
and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code to read as follows:
(6) Lots may be subdivided so that the resulting lot area and dimensions for each
new lot are less than that identified in this table in compliance with the provisions of Title
19 (Subdivisions). The minimum lot size shall not be less than the original underlying
lots on the same block face and in the same coastal zoning district. Lot width and length
may vary according to the width and depth of the original underlying lots. New
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
Section 2: Add Note 6 and amend the Lot Area row of Table 21.18-3 of
Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2,
and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code to read as follows:
Development Feature
R -BI
R-2
R-2-6,000
Additional
Development Feature
R -A
R-1
R-1-6,000
Requirements
Lot Area (1) (6):
Corner lot
87,120 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
Interior lot
87,120 sq. ft.
5,000 sq. ft.
6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each
new lot are less than that identified in this table in compliance with the provisions of Title
19 (Subdivisions). The minimum lot size shall not be less than the original underlying
lots on the same block face and in the same coastal zoning district. Lot width and length
may vary according to the width and depth of the original underlying lots. New
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
Section 2: Add Note 6 and amend the Lot Area row of Table 21.18-3 of
Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2,
and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code to read as follows:
Development Feature
R -BI
R-2
R-2-6,000
Additional
Requirements
Lot Area (1)(2)(3)(6):
Corner lot
Interior lot
2,375 sq. ft.
2,375 sq. ft.
6,000 sq. ft.
5,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
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Ordinance No. 2021-26
Page 4 of 7
(6) Lots may be subdivided so that the resulting lot area and dimensions for each
new lot are less than that identified in this table in compliance with the provisions of Title
19 (Subdivisions). The minimum lot size shall not be less than the original underlying
lots on the same block face and in the same coastal zoning district. Lot width and length
may vary according to the width and depth of the original underlying lots. New
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
Section 3: Add Note 8 and amend the Lot Area row of Table 21.18-4 of
Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2,
and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code to read as follows:
Development Feature
RM
RM -6,000
Additional Requirements
Lot Dimensions
Minimum dimensions required for each newly created lot.
Lot Area (1)(2)(8):
Corner lot
6,000 sq. ft.
6,000 sq. ft.
Interior lot
5,000 sq. ft.
6,000 sq. ft.
(8) Lots may be subdivided so that the resulting lot area and dimensions for each
new lot are less than that identified in this table in compliance with the provisions of Title
19 (Subdivisions). The minimum lot size shall not be less than the original underlying
lots on the same block face and in the same coastal zoning district. Lot width and length
may vary according to the width and depth of the original underlying lots. New
subdivisions that would result in additional dwelling units beyond what the original
underlying lots would allow are not permitted unless authorized by an amendment of the
General Plan (GPA).
Section 4: Amend the introductory paragraph of Section 21.28.010 (Purposes
of Overlay Coastal Zoning Districts) of Chapter 21.28 (Overlay Coastal Zoning Districts
(MHP, PM, B, C and H)) of Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code to read as follows. In all other respects, Section
21.28.010 shall remain unchanged:
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Ordinance No. 2021-26
Page 5 of 7
21.28.010 Purposes of Overlay Coastal Zoning Districts.
The purposes of the individual overlay coastal zoning districts and the manner in which
they are applied are outlined below. An overlay district may be initiated as a Coastal
Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All
development shall comply with the applicable development standards (e.g., setbacks,
height) of the underlying coastal zoning district in addition to the standards provided in
this chapter, if any. In situations where an inconsistency occurs between the
development standards of the underlying coastal zoning district and the standards in
this chapter, the standards of the overlay district shall prevail.
Section 5: Amend Subsection 21.62.020(B)(2)(c) (Nearby Property Owners) of
Chapter 21.62 (Public Hearing) Title 21 (Local Coastal Program Implementation Plan) of
the Newport Beach Municipal Code to read as follows:
C. Nearby Property Owners. All owners of property located within a three
hundred (300) foot radius, excluding intervening rights-of-way and waterways, of
the exterior boundaries of the subject lot, as shown on the last equalized
assessment roll or, alternatively, from other records that contain more recent
addresses. It shall be the responsibility of the applicant to obtain and provide to
the Department the names and addresses of all owners required by this section.
If the number of property owners to whom notice would be mailed in compliance
with this section is more than one thousand (1,000), in lieu of mailed notice, the
Director may choose to publish a one-eighth page display advertisement in a
newspaper of general circulation within the City. However, a mailed notice shall
still be provided to those persons who have requested notice, including all
persons known to the applicant to be a party interested in the application,
including those persons who testified at or submitted written comments for the
local hearing(s);
Section 6: Subsection 21.62.020(B)(4) (Alternative to Mailing) is repealed and
replaced with a new Subsection 21.62.020(B)(4) (Additional Notice) of Chapter 21.62
(Public Hearings) Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code as follows:
4. Additional Notice. The Director may provide additional notice of the hearing in any
other manner deemed necessary.
Section 7: The LCP and Title 21 (Local Coastal Program Implementation
Plan), including LCP Amendment No. LC2019-001, shall be carried out in full
conformance with the California Coastal Act.
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Ordinance No. 2021-26
Page 6of7
Section 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: 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 10: The City Council finds the adoption of this ordinance is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to 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. LC2019-001 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. LCP Amendment No. LC2019-001 itself does not authorize development
that would directly result in physical change to the environment.
Section 11: 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 12: 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.
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Ordinance No. 2021-26
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 30th day of November, 2021, and adopted on the 14th
day of December, 2021, by the following vote, to -wit:
/_\'Jx.91
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
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