HomeMy WebLinkAbout2021-26 - 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 (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 ");
Ordinance No. 2021-26
Page 2of7
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.
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.
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:
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.
Ordinance No. 2021-26
Page 6 of 7
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.
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:
AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council
Member Brenner, Council Member Dixon Council Member Duffield
Council Member O'Neill
NAYS:
ABSENT:
ATTEST:
N
-" - IV rr►v
LEILANI I. BROW ITY CLERK
APPROVED AS TO FORM:
CITY,ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
n
E
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, that the foregoing ordinance, being Ordinance
No. 2021-26 was duly introduced on the 3011 day of November, 2021, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 14'h day of December, 2021, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 151h day of December, 2021.
F1,1711 I
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2021-26 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: December 4, 2021
Adopted Ordinance: December 18, 2021
In witness whereof, I have hereunto subscribed my name this '1;-r day of , 204-
r
%yIP
Leilani I. Brown, MMC
>' 3' City Clerk
fj
~ City of Newport Beach, California
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