HomeMy WebLinkAbout04 - Amending the NBMC Related to Cottage Preservation (PA2019-181)Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 25, 2022
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, AICP, Principal Planner,
jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach
Municipal Code Related to Cottage Preservation (PA2019-181)
ABSTRACT:
For the City Council's consideration are two ordinances amending Title 20 (Planning and
Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code (NBMC) establishing incentives for cottage preservation. The attached
ordinances were introduced and considered at the January 11, 2022, City Council meeting.
RECOMMENDATION:
a) Find this action 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;
b) Conduct second reading and adopt Ordinance No. 2022-2, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Revisions to Zoning Code
Amendment No. CA2019-006 Amending Title 20 (Planning and Zoning) of the City of
Newport Beach Municipal Code Related to Cottage Preservation for Consistency with
the California Coastal Commission's Modifications (PA2019-181), and
c) Conduct second reading and adopt Ordinance No. 2022-3, An Ordinance of the City
Council of the City of Newport Beach, California, Accepting California Coastal
Commission's Suggested Modifications and Adopting Local Coastal Program
Amendment No. LC2019-004 to Amend Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to Cottage
Preservation (PA2019-181).
4-1
Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code
Related to Cottage Preservation (PA2019-181)
January 25, 2022
Page 2
DISCUSSION:
On February 11, 2020, the City Council adopted amendments to Title 20 (Zoning Code)
and Title 15 (Buildings and Construction) of the NBMC to incentivize the preservation of
cottages. Similar amendments to Title 21 (Local Coastal Program Implementation Plan)
of the NBMC and Coastal Land Use Plan (CLUP) of the Local Coastal Program (LCP)
were also needed to extend the incentive to properties located within the coastal zone
and ensure consistency with the adopted changes to Title 20.
On January 28, 2020, the City Council authorized submittal of LCP Amendment
No. LC2019-004 to the California Coastal Commission (CCC). On November 19, 2021,
the CCC approved the Title 21 and Coastal Land Use Plan amendments with suggested
modifications.
Attached are the proposed ordinances for adoption incorporating the CCC's suggested
modifications into both Titles 20 and 21 for consistency.
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 any development
and therefore would not 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).
ATTACHMENTS:
Attachment A — Ordinance No. 2022-2
Attachment B — Ordinance No. 2022-3
4-2
Attachment A
Ordinance No. 2022-2
ORDINANCE NO. 2022-2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING REVISIONS
TO ZONING CODE AMENDMENT NO. CA2019-006
AMENDING TITLE 20 (PLANNING AND ZONING) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO COTTAGE PRESERVATION FOR CONSISTENCY WITH
THE CALIFORNIA COASTAL COMMISSION'S
MODIFICATIONS (PA2019-181)
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 the 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, on January 28, 2020, the City Council introduced Ordinance No.
2020-4 revising Title 20 (Planning and Zoning) related to the preservation of cottages
("Zoning Code Amendment No. CA2019-006") and adopted Resolution No. 2020-12
authorizing submittal of LCP Amendment No. LC2019-004 to the California Coastal
Commission ("Coastal Commission") by a unanimous vote (7 ayes, 0 nays);
WHEREAS, on February 11, 2020, the City Council adopted Ordinance No. 2020-
4 revising Title 20 (Planning and Zoning) in order to implement Zoning Code Amendment
No. CA2019-006;
WHEREAS, at its November 19, 2021 hearing, the Coastal Commission approved
and certified LCP Amendment No. LC2019-004 with modifications (LCP-5- NPB-20-0025-
1 Part A) as being consistent with the California Coastal Act;
WHEREAS, revisions to Zoning Code Amendment No. CA2019-006 are necessary
for consistency with Coastal Commission modifications to LCP Amendment. No. LC2019-
004 (LCP-5- NPB-20-0025-1 Part A); and
WHEREAS, a public hearing was held by the City Council on January 11, 2022, 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.
EM
Ordinance No. 2022-2
Page 2of5
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Subsection A of Section 20.38.060 (Nonconforming Parking) of Title
20 (Planning and Zoning) of the NBMC is hereby amended to read as follows:
20.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to the off-street parking requirements of this Zoning Code, only the
following alterations may be allowed. -
1 .
llowed:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions.-
a.
dditions:
a. Repair and maintenance, interior alterations, and structural alterations,
as provided for in Section 20.38.040(A) through (F); and
b. Additions up to a maximum often (10) percent of the existing floor area
of the structure within a ten (10) year period as provided in Section
20.38.040(G).
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Zoning Code have changed the
dimensions of required parking spaces subsequent to the original construction of
the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of
this section;
b. Additions larger than those allowed under subsection (A)(1) of this
section may be allowed subject to the approval of a modification permit in
compliance with Section 20.52.050 (Modification Permits).
3. Exception for Cottage Preservation. For the purposes of eligibility as a
"cottage" for this section, the existing development prior to the addition shall
consist of either a residential single -unit dwelling, duplex, or triplex, with individual
unit sizes of 1,500 square feet or less, and does not exceed one story and sixteen
(16) feet in height on the front half of the lot, and does not exceed two stories and
twenty-four (24) feet in height on the rear half of the lot. Notwithstanding the
provisions of subsections (A)(1)(b) and (2)(b) of this section, additions of up to fifty
4-5
Ordinance No. 2022-2
Page 3 of 5
(50) percent of the existing floor area of the structure, but no more than 750 square
feet, are permitted for a cottage that complies with the following criteria:
a. The floor area of any addition, together with the floor area of the
existing structure, shall not exceed the allowed maximum floor area for the
zoning district where the property is located;
b. The addition shall comply with all applicable development standards
and use regulations of this Zoning Code;
C. The square footage of residential parking area additions identified
below shall be excluded from the allowed expansion under subsection
(A)(3), but shall be included as gross floor area;
Required Parking
Maximum Excluded Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car garage
600 square feet
d. The height of the residential structure including the cottage addition
shall not exceed the following, regardless of roof pitch:
i. Front half of lot: single story with a maximum height of sixteen
(16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four
(24) feet.
e. The residential structure shall not include a third floor deck;
f. Outside the coastal zone, dwellings within the residential
development shall not be rented for periods of less than thirty (30) days.
Refer to Section 21.38.060(A)(4)(f) for short-term lodging allowances for
developments within the coastal zone; and
g. Deed Restriction and Recordation Required. Prior to the issuance of
a building permit for a cottage preservation project, the property owner shall
record a deed restriction with the Orange County Recorder's Office, the
form and content of which is satisfactory to the City Attorney, agreeing to
Ordinance No. 2022-2
Page 4 of 5
maintain the property consistent with the limitations specified above for
cottage preservation and the restrictions on short-term lodging. The deed
restriction document shall notify future owners of the restriction. This deed
restriction shall remain in effect so long as the cottage preservation project
exists on the property.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Section 3: 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 4: The City Council finds this action is exempt from environmental
review under 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"). This action 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 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.
Section 5: 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 6: 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) calendar days after is adoption.
4-7
Ordinance No. 2022-2
Page 5of5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of January, 2022, and adopted on the 25th day
of January, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON HARP, C TY ATTORNEY
OR
Attachment B
Ordinance No. 2022-3
I •
ORDINANCE NO. 2022-3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ACCEPTING THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS AND ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-004 TO AMEND
TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO COTTAGE
PRESERVATION (PA2019-181)
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 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 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 ("Local Coastal Program"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
LCP on January 13, 2017, which the City added as 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;
WHEREAS, an amendment to Title 21 is necessary to incentivize the
preservation of cottages ("LCP Amendment No. LC2019-004");
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 ("Public Participation"), drafts of LCP Amendments No. LC2019-004 were
made available and a Notice of Availability was distributed on October 4, 2019, at least six
weeks prior to the final action date;
4-10
Ordinance No. 2022-3
Page 2 of 7
WHEREAS, a public hearing was held by the Planning Commission on October
17, 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 14 CCR
Section 13515. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted to continue the item to allow staff additional time to revise certain aspects of LCP
Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the Planning Commission on November
21, 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 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 Planning Commission at this public hearing;
WHEREAS, on November 21, 2019, the Planning Commission adopted
Resolution Nos. PC2019-033 and PC2019-034 by a majority vote (5 ayes, 1 nay, 1
absent), recommending to the City Council approval of Zoning Code Amendment No.
CA2019-006 and Local Coastal Program Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the City Council on January 28, 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
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, on January 28, 2020, the City Council introduced Ordinance No.
2020-4 revising Title 20 (Planning and Zoning) related to the preservation of cottages
("Zoning Code Amendment No. CA2019-006") and adopted Resolution No. 2020-12
authorizing submittal of LCP Amendment No. LC2019-004 to the Coastal Commission
by a unanimous vote (7 ayes, 0 nays);
4-11
Ordinance No. 2022-3
Page 3 of 7
WHEREAS, at its November 19, 2021 hearing, the Coastal Commission
approved and certified LCP Amendment No. LC2019-004 with modifications (LCP-5-
NPB-20-0025-1 Part A) as being consistent with the California Coastal Act; and
WHEREAS, a public hearing was held by the City Council on January 11, 2022, 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.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby accepts the suggested modifications
approved by the Coastal Commission.
Section 2: Section 21.38.060 (Nonconforming Parking) of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code is hereby
amended to read as follows:
21.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to the off-street parking requirements of this Implementation Plan, the
following provisions shall apply -
1 .
pply:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations, as
provided for in Section 21.38.040(A) through (F);
b. Additions up to a maximum of ten (10) percent of the existing floor area of
the structure as provided in Section 21.38.040(G);
c. Any repair, maintenance, or additions shall not result 'in loss of existing
parking spaces; and
4-12
Ordinance No. 2022-3
Page 4 of 7
d. Required parking shall be provided where feasible.
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Implementation Plan have changed the
dimensions of required parking spaces subsequent to the original construction of the
structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of this
section;
b. Additions larger than those allowed under subsection (A)(1) of this section
may be allowed subject to the approval of a coastal development permit.
3. Alley Access. Where applicable, residential development involving repairs,
alterations, and additions to residential development having less than the required
number of parking spaces per dwelling unit shall provide alley access to parking area if
it would result in additional public street parking.
4. Exception for Cottage Preservation. For the purposes of eligibility as a "cottage" for
this section, the existing development prior to the addition shall consist of either a
residential single -unit dwelling, duplex, or triplex, with individual unit sizes of 1,500
square feet or less, and does not exceed one story and sixteen (16) feet in height on the
front half of the lot, and does not exceed two stories and twenty-four (24) feet in height
on the rear half of the lot. Notwithstanding the provisions of subsections (A)(1)(b) and
(A)(2)(b) of this section, additions of up to fifty (50) percent of the existing floor area of
the structure, but no greater than 750 square feet, are permitted for a cottage that
complies with the following criteria:
a. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the coastal zoning
district where the property is located;
b. The addition shall comply with all applicable development standards and use
regulations of this Implementation Plan, including the coastal resource protection
development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section
21.28.050 (Canyon (C) Overlay District), Section 21.30.015(D) (Waterfront
Development), Section 21.30.015(E)(2) (Development in Shoreline Hazardous
4-13
Ordinance No. 2022-3
Page 5 of 7
Areas), Section 21.30A (Public Access and Recreation), Section 21.30B (Habitat
Protection), and Section 21.30.100 (Scenic and Visual Quality Protection);
c. The square footage of residential parking area additions identified below
shall be excluded from the allowed expansion under subsection (A)(4), but shall
be included as gross floor area;
Required
Parking
Maximum Excluded
Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car
garage
600 square feet
d. The height of the residential structure including the cottage addition shall not
exceed the following, regardless of roof pitch:
i. Front half of lot: single story with a maximum height of sixteen (16)
feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four (24)
feet.
e. The residential structure shall not include a third floor deck;
f. In addition to limitations of Section 21.48.115 (Short Term Lodging), any
cottage preservation project used for short-term lodging shall be restricted to a
maximum of six (6) occupants;
g. Deed Restriction and Recordation Required. Prior to the issuance of a
building permit for a cottage preservation project, the property owner shall record
a deed restriction with the Orange County Recorder's Office, the form and
content of which is satisfactory to the City Attorney, agreeing to maintain the
property consistent with the limitations specified above for cottage preservation
and the restrictions on short-term lodging. The deed restriction shall notify future
owners of the restriction. The deed restriction shall remain in effect so long as
the cottage preservation project exists on the property; and
h. The addition complies with the limitations of Section 21.38.040(6)(1).
4-14
Ordinance No. 2022-3
Page 6 of 7
Section 3: The LCP, including LCP Amendment No. LC2019-004, will be
carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Section 5: The City Council hereby authorizes City staff to submit this
ordinance for a determination by the Executive Director of the Coastal Commission that
this action is legally adequate to satisfy the specific requirements of the Coastal
Commission's November 19, 2021, action on LCP Amendment Request No. LCP-5-
NPB-20-0025-1 Part A (Cottage Preservation).
Section 6: This ordinance shall not become effective until the Executive
Director of the Coastal Commission certifies that this ordinance complies with the
Coastal Commission's November 19, 2021, action on LCP Amendment Request No.
LCP-S- NPB-20-0025-1 Part A (Cottage Preservation).
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 this action 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"). This action is also exempt under CEQA Guidelines Section 15061(b)(3),
which states 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. LCP Amendment No.
LC2019-004 itself does not authorize development that would directly result in physical
change to the environment.
4-15
Ordinance No. 2022-3
Page 7 of 7
Section 9: 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 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 was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of January, 2022, and adopted on the 25th day
of January, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON "ARP, CWrY ATTORNEY
4-16