HomeMy WebLinkAbout03 - Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132)Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 11, 2022
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: David S. Lee, Associate Planner
PHONE: 949-644-3225, dlee@newportbeachca.gov
TITLE: Ordinance No. 2022-1: Amending the Newport Beach Municipal
Code for Lido Isle Hedge Heights (PA2019-132)
ABSTRACT:
On February 25, 2020, the City Council adopted an amendment to Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code (NBMC) to increase allowable hedge
height limitations in front setbacks abutting stradas on Lido Isle from 42 inches to
60 inches. Additionally, the City Council adopted an ordinance authorizing submittal of
the amendment to NBMC Title 21 (Local Coastal Program Implementation Plan) to the
California Coastal Commission on February 11, 2020. On November 19, 2021, the
California Coastal Commission approved Local Coastal Program (LCP) Amendment
No. LC2019-002 with no modifications.
For the City Council's consideration is an introduction of an ordinance (Attachment A)
adopting LCP Amendment No. LC2019-002 and revising Title 21 consistent with the
California Coastal Commission approval.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-1, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Local Coastal Program Amendment No. LC2019-002 to Amend Title 21
(Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal
Code Related to Hedge Heights in Front Setbacks Abutting Stradas In Lido Isle
(PA2019-132), and pass to second reading on January 25, 2022.
3-1
Ordinance No. 2022-1: Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
January 11, 2022
Page 2
DISCUSSION:
There is an existing inconsistency in hedge height regulations between the NBMC and
the Lido Isle Community Association (LICA). City regulations contained within NBMC Title
20 and Title 21 establish a maximum height of 42 inches for hedges within a required
front setback area, whereas LICA regulations permit a maximum height of 60 inches. This
inconsistency has created confusion for Lido Isle residents and puts homeowners at risk
of receiving notices of violation of the NBMC from the City of Newport Beach (City). As a
result, the Board of Directors for LICA made a formal request (Attachment E) that the City
amend its regulations to raise hedge height maximums along the stradas on Lido Isle
from 42 inches to 60 inches, thereby making the NBMC consistent with LICA's
regulations.
The amended height limit would be consistent with the LICA CC&Rs. The amendment
would not apply to fences or walls. Allowing hedges to grow up to 60 inches would
increase the privacy within the front yards that abut the stradas. Front setbacks abutting
streets and the bay front would remain limited to the 42 -inch maximum to preserve views
and vehicle sight distances. Staff does not anticipate that every property owner would
allow their hedges to grow to the maximum height and the impact to pedestrians walking
along the stradas would be minimal. For additional details, the staff report from the
February 11, 2020 City Council meeting has been attached (Attachment C).
On February 11, 2020, the City Council introduced Ordinance No. 2020-7 to amend
Title 20 (Planning and Zoning) to be consistent with LICA regulations, and adopted
Ordinance No. 2020-19 (Attachment D), authorizing submittal of the amendment to
NBMC Title 21 (Local Coastal Program Implementation Plan) to the California Coastal
Commission. The City Council formally adopted Ordinance No. 2020-7 on February 25,
2020.
Coastal Commission Review
On November 19 2021, the California Coastal Commission approved Local Coastal
Program Amendment No. LCP-5-NPB-20-0025-1 with no modifications (Attachment B).
As a result, the amendment is now considered deemed approved and became a certified
part the City's Local Coastal Program on December 3, 2021; however, full implementation
requires the adoption of the recommended ordinance.
FISCAL IMPACT:
There is no fiscal impact related to this item.
3-2
Ordinance No. 2022-1: Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
January 11, 2022
Page 3
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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).
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available and a Notice of Availability was distributed on
November 22, 2019, to all persons and agencies on the Notice of Availability mailing list
and posted online on the City website.
In addition, notice of these amendments was published in the Daily Pilot as an eighth -
page advertisement, consistent with the provisions of the NBMC. The item also appeared
on the agenda for this meeting, which was posted at City Hall and on the City website.
Lastly, notice of this amendment was posted at the Lido Isle Association Clubhouse for
the residents of Lido Isle.
ATTACHMENTS:
Attachment A
— Ordinance No. 2022-1
Attachment B
— Coastal Commission Approval Letter
Attachment C
— February 11, 2020 Staff Report
Attachment D
— Ordinance No. 2020-19
Attachment E
— Letter of Request from LICA
3-3
Attachment A
Ordinance No. 2022-1 — Title 21 Code Amendment
3-4
ORDINANCE NO. 2022-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2019-002 TO
AMEND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN
FRONT SETBACKS ABUTTING STRADAS IN LIDO ISLE
(PA2019-132)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") 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 restriction and limitations contained in the
City Charter and the 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 ("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 ("LCP") as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City of
Newport Beach added 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 on January 30, 2017;
WHEREAS, an amendment to Title 21 of the NBMC in relation to hedge heights
in front setbacks abutting stradas in Lido Isle is necessary in order to reconcile differing
regulations between the City and Lido Isle Community Association ("LICA") ("LCP
Amendment No. LC2019-002");
3-5
Ordinance No. 2022 -
Page 2 of 4
WHEREAS, a public hearing was held by the Planning Commission on December
5, 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. ("Ralph M.
Brown Act"), Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and Title 14 of
the California Code of Regulations ("CCR") Section 13515. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, pursuant to 14 CCR Section 13515, drafts of the LCP Amendments
were made available and a Notice of Availability was distributed on October 4, 2019, at
least six weeks prior to the final action date,
WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution
No. PC2019-035 by a unanimous vote (6 ayes, 0 nays, 1 absent), recommending
approval of Zoning Code Amendment No. CA2019-005 and LCP Amendment No.
LC2019-002 to the City Council;
WHEREAS, a public hearing was held by the City Council on February 11, 2020,
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
the Ralph M. Brown Act, Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and
14 CCR Section 13515. 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. 2020-7 adopting Zoning Code Amendment No. CA2019-005 and
Resolution No. 2020-19 authorizing submittal of LCP Amendment No. LC2019-002 to the
California Coastal Commission by a unanimous vote (7 ayes, 0 nays); and
WHEREAS, on November 19, 2021, the California Coastal Commission approved
LCP Amendment No. LC2019-002 (LCP-5-NPB-20-0025-1) with no modifications, as a
result, LCP Amendment No. LC2019-002 is now deemed approved and became certified
as part of the City's LCP and Title 21.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
3-6
Ordinance No. 2022 -
Page 3 of 4
Section 1: Section 21.30.060(c)(6) (Height Limits and Exceptions) of Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code is
hereby added to read as follows, with all other provisions remaining unchanged:
6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the
maximum hedge height shall be five feet.
Section 2: Area Map A-10 Lido Isle is hereby added to Section 21.80.010 (Area
Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code, which is attached hereto and incorporated herein by reference as Exhibit
"A
Section 3: The LCP and Title 21 (Local Coastal Program Implementation Plan),
including LCP Amendment No. LC2019-002, 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.
Section 6: The City Council finds the introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, as set forth in the California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
3-7
Ordinance No. 2022 -
Page 4 of 4
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.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11 t" day of January, 2022, and adopted on the 25th day of
January, 2022, by the following vote, to-wit.-
AYES:
o-wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
jz-� (7 _ -(G�,
AARON ARP, CI ATTORNEY
Attach nt(s): Exhibit A: A-10 Lido Isle Area Map
3-8
EXHIBIT "A"
A-10 Lido Isle Area Map
I
LO
0
Ef,
3-9
Da
LO
0
Ef,
3-9
Attachment B
Coastal Commission Approval Letter
3-10
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD, SUITE 300
LONG BEACH, CA 90802-4325
VOICE (562) 590-5071
FAX (562) 590-5084
City of Newport Beach
Planning Department
Jaime Murillo, Senior Planner
100 Civic Center Drive
Newport Beach, CA 92658
GAVIN NEWSOM, GOVERNOR
December 17, 2021
RE: City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-5-
NPB-20-0025-1, Part B (Lido Isle Hedge Heights).
Dear Mr. Murillo,
You are hereby notified that the California Coastal Commission, at its November 19,2021
virtual meeting, approved the City of Newport Beach Local Coastal Program (LCP)
Amendment No. LCP-5-NPB-20-0025-1, Part B as submitted. Amendment No. LCP-5-
NPB-20-0025-1, Part B, which was submitted pursuant to City Council Resolution No.
2020-19, incorporates changes to Implementation Plan (IP) portion of the to increase the
maximum hedge height along Lido Isle stradas (walkways) from 42 in. to 60 in. and include
Map A-10 to specifically identify Lido Isle and the associated stradas in the IP.
The Commission approved the LCP Amendment as submitted. Thus, pursuant to the
Commission's action on November 19, 2021, certification of the City of Newport Beach
LCP Amendment No. LCP-5-NPB-20-0025-1, Part B is complete.
Thank you for your cooperation and we look forward to working with you and your staff in
the future. Please email Amrita Spencer or myself if you have any questions regarding the
City of Newport Beach LCP Amendment No. LCP-5-NPB-20-0025-1, Part B.
Sincerely,
Amber Dobson
District Manager
3-11
Attachment C
February 11, 2020 Staff Report
3-12
TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
February 11, 2020
Agenda Item No. 19
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David S. Lee, Associate Planner
PHONE: 949-644-3225, dlee@newportbeachca.gov
TITLE: Ordinance No. 2020-7: Amending the Newport Beach Municipal
Code for Lido Isle Hedge Heights (PA2019-132)
ABSTRACT:
For City Council's consideration is an amendment to Newport Beach Municipal Code
(NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program
Implementation Plan) to increase allowable hedge height limitations in front setbacks
abutting stradas on Lido Isle from 42 inches to 60 inches. Due to inconsistent hedge height
regulations between the City of Newport Beach and Lido Isle Community Association
(LICA), the Board of Directors for LICA has made a formal request that the City amend its
regulations to be consistent with LICA's Covenants, Conditions, and Restrictions
(CC&Rs). The amendments were initiated by the City Council on September 10, 2019,
and were approved by the Planning Commission on December 5, 2019.
RECOMMENDATION:
a) Conduct a public hearing;
b) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
c) Waive reading, read by title only, introduce Ordinance No. 2020-7, An Ordinance of
the City Council of the City of Newport Beach, California, Amending Title 20 Entitled
"Planning and Zoning" of the City of Newport Beach Municipal Code Related to Hedge
Heights in Front Setbacks Abutting Stradas Within Lido Isle (PA2019-132), and pass
to second reading on February 25, 2020; and
d) Adopt Resolution No. 2020-19, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment No.
LC2019-002 to the California Coastal Commission to Amend Title 21 Entitled "Local
Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code
Related to Hedge Heights in Front Setbacks Abutting Stradas Within Lido Isle
(PA2019-132).
3-13
19-1
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Background
There is an existing inconsistency in hedge height regulations between the City of
Newport Beach and LICA. City regulations contained within NBMC Title 20 and Title 21
establish a maximum height of 42 inches for hedges within a required front setback area.
In 2001, LICA homeowners voted to amend the CC&Rs to change the hedge height limit
abutting stradas (public walkways) from 30 inches to 60 inches. The inconsistency
between the City's code and LICA has created confusion for Lido Isle residents.
Homeowners have received notices of violation from the City's Code Enforcement
Division. As a result, the Board of Directors for LICA has made a formal request
(Attachment C) that the City amend its regulations to raise hedge height maximums along
the stradas on Lido Isle from 42 inches to 60 inches thereby making the Municipal Code
consistent with their CC&Rs. A strada is a pedestrian walkway located between
residential lots (Figure 1). After a review of Title 20 and Title 21, staff is proposing to
amend the following sections:
• 20.30.040 and 21.30.040 (Fences, Hedges, Walls and Retaining Walls)
• 20.80.010 Area Maps (to add a map to identify Lido Isle)
3-14
19-2
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 3
Code Amendment Initiation
Pursuant to City Council Policy K-1 (General Plan and Local Coastal Program) and NBMC
Section 20.66.020, the City Council initiated the amendments on September 10, 2019
(Attachment D) with the adoption of City Council Resolution No. 2019-78.
Current Regulations for Hedge Heights
The maximum height for hedges, fences, and walls in front setback areas is 42 inches,
as regulated by NBMC Title 20 and Title 21. Generally, the intent of restricting heights in
front setbacks is to allow increased light and visibility to front yards, resulting in a more
inviting and secure street frontage. Within rear and side setbacks, hedges, fences, and
walls are allowed to a maximum height of 6 feet to allow for increased privacy.
A hedge is defined as: "a group of shrubs or trees planted in a line or in groups forming a
compact, dense barrier that protects, shields, separates, or demarcates an area from
view. For purposes of this definition, a shrub is a perennial woody plant smaller than a
tree, having multiple permanent stems branching from or near the base and lacking a
single trunk; a bush." Groups of shrubs that have visible gaps in between are not
considered hedges and not regulated in height (Figure 2).
Setback Areas on Lido Isle
Traditional residential lots are subject to a single front setback adjacent to the street
frontage, two side setbacks, and a rear setback opposite the front (Figure 3). However,
Lido Isle lots that do not abut the bay typically have multiple front setbacks. Interior lots
typically have a 10 -foot front setback abutting a strada and a 4 -foot front setback abutting
the street. Corner lots have an additional 1 -foot 6 -inch front setback abutting a side street
(Figure 4). Given the unique orientation of the lots on Lido Isle, the front yards abutting
the stradas function as rear yards but do not have the benefit of taller fences or hedges
to ensure a measure of privacy. 3-15
19-3
4—
a)
i
M
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 4
I— - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — r
i Side Yard I
A I
I '
A I
I '
A I
I '
Y I
ca I A
I LL A
A I
I '
A I
I A
A I
I "
A I
I Side Yard----------------------------------
'
A I
3-16
19-4
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 5
Proposed Amendment
The amendment would change the maximum hedge height from 42 inches to 60 inches
in front setback areas abutting stradas only. The amended height limit would be
consistent with LICA's CC&Rs. The amendment would not apply to fences or walls.
Allowing hedges to grow up to 60 inches would increase the privacy within the front yards
that abut the stradas. Front setbacks abutting streets and the bay front would remain
limited to the 42 -inch maximum to preserve views and vehicle sight distances. Staff does
not anticipate that every property owner would allow their hedges to grow to the maximum
height and the impact to pedestrians walking along the stradas would be minimal.
Planning Commission Approval
On December 5, 2019, the Planning Commission adopted Resolution Nos. PC2019-035
and PC2019-036 (Attachments E and F) by a unanimous vote (6-0), recommending
approval of Code Amendment No. CA2019-005 to the City Council and recommending
the City Council to authorize submittal of Local Coastal Program Amendment No.
LC2019-002 to the California Coastal Commission.
Coastal Commission Review
Properties located in the Coastal Zone (Attachment 1) of the City are regulated by the
Local Coastal Program (LCP), which is comprised of the Coastal Land Use Plan (CLUP),
a policy document, and the Implementation Plan (IP or Title 21), a regulatory document.
Since Lido Isle is located within the Coastal Zone, an amendment to the Title 21
(Implementation Plan of LCP) is required.
On January 13, 2017, the California Coastal Commission (CCC) effectively certified the
City's LCP and the City assumed coastal development permit -issuing authority on
January 30, 2017. Any amendments to the LCP must be reviewed and approved by the
City Council, with a recommendation from the Planning Commission, prior to submitting
the amendment request to the Coastal Commission. The CCC is the final decision-making
authority on amendments to the certified LCP.
The proposed amendment to raise hedge heights will not have an impact on public access
or views to the bay front. Stradas serve as pedestrian walkways for internal lots on Lido
Isle and do not provide public views of the bay. Additionally, the bay is not directly
accessed from the stradas, as access is found on Via Lido Nord and Via Lido Soud around
Lido Isle.
3-17
19-5
Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
February 11, 2020
Page 6
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
k 911091I0rell
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).
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available and a Notice of Availability was distributed on
November 22, 2019, to all persons and agencies on the Notice of Availability mailing list
and posted online on the City website.
In addition, notice of these amendments was published in the Daily Pilot as an eighth -
page advertisement, consistent with the provisions of the NBMC. The item also appeared
on the agenda for this meeting, which was posted at City Hall and on the City website.
Lastly, notice of this amendment was posted at the Lido Isle Association Clubhouse for
the residents of Lido Isle.
ATTACHMENTS:
Attachment A
— Ordinance No. 2020-7
Attachment B
— Resolution No. 2020-19
Attachment C
— Letter of Request from LICA
Attachment D
— Resolution No. 2019-78
Attachment E
— Planning Commission Resolution No. 2019-035
Attachment F
— Planning Commission Resolution No. 2019-036
Attachment G
— December 5, 2019 Planning Commission Hearing Minutes
Attachment H
— Map of Lido Isle
Attachment I
— Map of Coastal Zone
3-18
19-6
Attachment D
Ordinance No. 2020-19
3-19
ORDINANCE NO. 2020-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING CODE
AMENDMENT NO. CA2019-001 TO AMEND TITLE 20
(PLANNING AND ZONING) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE CORRECTING AND
CLARIFYING PROVISIONS RELATED TO OVERLAYS AND
PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055)
WHEREAS, Section 200 of the City of Newport Beach Charter ("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, an amendment to Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code ("NBMC") is necessary to provide clarification and corrections
related to overlays and public hearing notice requirements ("Code Amendment");
WHEREAS, on April 23, 2019, the City Council adopted Resolution No. 2019-41
initiating the Code Amendment;
WHEREAS, Section 20.28.10 (Purposes of Overlay Zoning Districts) of the
NBMC inadvertently states that the more restrictive standard of the underlying zoning
district or applicable overlay apply, however, overlays are often a land use tool used to
specify a different standard that might be less restrictive than the underlying zone;
WHEREAS, for instance, the Height Overlay District allows a greater building
height that is less restrictive if certain conditions are met;
WHEREAS, additionally, the Parking Management Overlay authorizes the
establishment of a Parking Management District that allows reduced parking
requirements than that of the base zoning standards;
WHEREAS, the Code Amendment will clarify that in cases where standards
conflict in an overlay district and the underlying coastal zoning district, the overlay
district will control;
3-20
Ordinance No. 2020-19
Page 2 of 7
WHEREAS, Section 20.62.020 (Notice of Public Hearing) of the NBMC provides
noticing requirements for project applications requiring a public hearing including:
publication in a newspaper of general circulation, mailing to affected property owners,
local agencies, nearby property owners and residents, and persons requesting notice,
and posting of notice on or near the subject property;
WHEREAS, in lieu of mailed notice, Subsection 20.62.020(B)(4) (Alternative to
Mailing) of the NBMC authorizes the Community Development Director to choose
alternative notice specified by State law;
WHEREAS, to eliminate ambiguity and provide clarification of the alternative
afforded by State law, the Code Amendment will specify that the alternative to mailing
over 1,000 notices, is to publish a larger one-eighth page display advertisement in a
newspaper of general circulation within the City;
WHEREAS, in addition, the Code Amendment will specify that the Community
Development Director may choose to provide additional notice of a hearing in any other
manner deemed necessary;
WHEREAS, Section 20.66 (Amendments) of the NBMC establishes the
procedures for amendments to Title 20 (Planning and Zoning);
WHEREAS, the notice procedure for amendments initiated by property owners,
refers to Chapter 20.62 (Public Hearings), however, the notice procedure for amendments
initiated by the Planning Commission or City Council, are unclear;
WHEREAS, an amendment to Section 20.66.030 (Processing, Notice, and
Hearing) is needed to provide clear standards for public hearing noticing related to City -
initiated amendments not affiliated with a specific project site;
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. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing;
3-21
Ordinance No. 2020-19
Page 3 of 7
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-024 by a majority vote (6 ayes, 0 nayes) recommending to the City Council to
adopt Zoning Code Amendment No. CA 2019-001;
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 California Government Code Section 54950
et seq. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 20.28.010 (Purposes of Overlay Zoning Districts) of Chapter
20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code shall be amended to read as follows:
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are
applied are outlined below. An overlay district may be initiated as a Zoning Map
amendment in compliance with Chapter 20.66 (Amendments). All development shall
comply with the applicable development standards (e.g., setbacks, height) of the
underlying 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 zoning district and the standards in this chapter, the standards of the overlay
district shall prevail.
A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning
District is intended to establish a mobile home district on parcels of land developed with
mobile home parks. The regulations of this district are designed to maintain and protect
mobile home parks in a stable environment with a desirable residential character.
B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning
District is intended to provide for areas where parking management plans are
appropriate to ensure adequate parking.
3-22
Ordinance No. 2020-19
Page 4 of 7
C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish
special development standards for areas of the City where projects are proposed on
identified bluff areas. The specific areas are identified in Part 8 of this title (Maps).
D. H (Height) Overlay District. The H Overlay District is intended to establish
standards for review of increased building height in conjunction with the provision of
enhanced project design features and amenities.
Section 2: Subsection 20.62.020(B)(2)(c) (Nearby Property Owners) of Chapter
20.62 (Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code shall be amended 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;
Section 3: Subsection 20.62.020(B)(4) (Alternative to Mailing) of Chapter 20.62
(Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code shall be amended to read as follows:
4. Additional Notice. The Director may provide additional notice of the hearing in
any other manner deemed necessary.
Section 4: Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66
(Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
shall be amended to read as follows:
20.66.030 Processing, Notice, and Hearing.
A. If initiated by property owner(s) with the filing of an amendment application:
1. Process. The application shall be processed in compliance with Chapter
20.50 (Permit Application Filing and Processing).
3-23
Ordinance No. 2020-19
Page 5 of 7
2. Notice. Notice of the public hearings shall be provided in compliance with
Chapter 20.62 (Public Hearings).
B. If initiated by the City Council or Commission, notice of the public hearings shall be
given as specified below:
1. Publication. Notice for all matters shall be published at least once in a
newspaper of general circulation in the City at least ten (10) days before the
scheduled hearing.
2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the
scheduled hearing to all of the following:
a. Property Owners. All owners of property located within a three hundred
(300) foot radius, of the amendment excluding intervening rights-of-way and
waterways, of the exterior boundaries of the affected property, as shown on
the last equalized assessment roll or, alternatively, from other records that
contain more recent addresses. If the number of property owners to whom
notice would be mailed in compliance with this subsection 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;
b. Local Agencies. Each local agency expected to provide schools, water,
or other essential facilities or services as a result of the amendment, whose
ability to provide the facilities and services may be significantly affected; and
C. Persons Requesting Notice. A person who has filed a written request for
notice with the Director and has paid the required fee for the notice.
3. Additional Notice. The Director may choose to provide additional notice of the
hearing in any other manner deemed necessary.
4. Failure to Receive Notice. The failure of any person or entity to receive notice
given in compliance with this section shall not invalidate the actions of the
applicable review authority.
C. Hearing.
1. The applicable review authority shall conduct one or more public hearings
regarding the amendment.
3-24
Ordinance No. 2020-19
Page 6 of 7
2. The public hearings shall be conducted in compliance with Chapter 20.62
(Public Hearings).
Section 5: An amendment to Title 21 (Local Coastal Program Implementation
Plan) is also underway pursuant to Resolution 2020-72 to approve LCP Amendment No.
LC2019-001. Zoning Code Amendment CA2019-001 shall not apply to projects located in
the coastal zone for which Title 21 is applicable until approval of the LCP Amendment No.
LC2019-001 by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: 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 8: The City Council finds the introduction and 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"). The Code Amendment
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. The Code Amendment itself does not authorize development that
would directly result in physical change to the environment.
Section 9: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 10: 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 shall become effective
thirty (30) days after the adoption of this ordinance.
3-25
Ordinance No. 2020-19
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 28th day of July, 2020, and adopted on the 25th day of
August, 2020, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avert/ Council Member Brenner Council
Member Dixon, Council Member Duffield Council Member Herdman
Council Member Muldoon
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY A T RNEY
3-26
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. 2020-19 was duly introduced on the 281h day of July, 2020, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 251h day of August, 2020, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, 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 26th day of August, 2020.
16M Il_% '1014
LeiTani 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. 2020-19 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: August 1, 2020
Adopted Ordinance: August 29, 2020
In witness whereof, I have hereunto subscribed my name this � 11,
day of
2020.
41 PUO AA_
V11 JJIV13�
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
3-27
Attachment E
Letter of Request from LICA
3-28
lido isle
community
association
701 VIA LIDO SOLID, LIDO ISLE NEWPORT BEACH, CA 92663
TELEPHONE: (949) 673-6170 FAX: (949) 673-6827
February 6, 2019
Jaime Murillo, Diane Dixon and Seimone Jurjis,
This letter is sent in follow-up to the meeting the Lido Isle Board of Directors had with members
from the City regarding the City's front yard hedge height limit on Lido Isle. At the May 2018
meeting, the City requested Lido Isle's Board to advise whether Lido Isle would be requesting the
City to increase the City's front yard hedge height limit on Lido from forty two inches to sixty
inches. The City provided Lido Isle's Board with a timeframe of July 1St, 2018 to inform the City of
the Board's decision whether the Board would like to move forward with the request. The Board
responded to the City by requesting an extension of time to respond, which the City granted
through August 1St, 2018. Owing to other matters, the Board postponed further discussion on the
issue, but as you know, the 42" versus 60" distinction has caused some issues lately between
residents. In 2001, the homeowners voted to amend the Association's CC&Rs to change the hedge
height limit on the stradas from thirty inches to sixty inches. The 60" standard has proven to be
successful for the community for over 15 years, and given that most homeowners presently have
shrubs well in excess of 42", a proposal to now change the CC&Rs to reduce the strada hedge height
limit is unlikely to garner sufficient homeowner approval for passage. Therefore, the Board of
Directors recently decided that it would be in the best interest of the Association and its
membership to formally request the City of Newport Beach to raise the City's front yard hedge
height limit on Lido from forty two inches to sixty inches, as a means of effectively controlling the
front yard hedge height limits without confusion. We are asking the City to please advise the Board
as to their position at this time pertaining to Lido Isle's request to change the City's front yard
hedge height limit on Lido to sixty inches. The Board does appreciate the City's offer to move
forward at no cost to the Lido Isle Community Association per the information provided at the May
2018 meeting.
Thank you for your time and your consideration in this very important matter. We look forward to
-JustiWLahgc�berg
LICA General Manager
ilangenberg@lidoisle.org
(949) 673-6170
a non-profit cooperative organization of all lido isle property owners 3-29