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HomeMy WebLinkAboutPA2019-181_20220309_CCC Staff RecommendationSTATE OF CALIFORNIA-NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR CALIFORNIA COASTAL COMMISSION South Coast District Office 301 E Ocean Blvd., Suite 300 Long Beach, CA 90802-4302 (562) 590-5071 TO: FROM: SUBJECT: Commissioners and Interested Persons Karl Schwing, Deputy Director Zach Rehm, District Supervisor CrrYo,:: Amrita Spencer, Staff Analyst ~~..o. Concurrence with the Executive Director's determination that th~'t7'cff6~ty the City of Newport Beach accepting certification of LCP Amendment No. LCP-5-NPB-20-0025-1, Part A with suggested modifications is legally adequate. On April 13, 2020, the City of Newport Beach submitted a request to amend its Local Coastal Program (LCP). The request was submitted to the Commission's South Coast District office with City Council Resolution No. 2020-12 and City Council Ordinance No. 2020-4. LCP Amendment No. LCP-5-NPB-20-0025-1, Part A amends the Land Use Plan (LUP) and Implementing Ordinances (IP) of the certified LCP to allow additions of up to 50 percent of the existing floor area (but in no case more than 750 sq. ft.) of cottage without the requirement to bring nonconforming parking into conformity with the current parking standards. On November 19, 2021, the Commission approved Local Coastal Program (LCP) Major Amendment No. LCP-5-NPB-20-0025-1 Part A with modifications to protect coastal resources-including sensitive habitat, biological resources, cultural resources, and public coastal views; define a "cottage" to accurately apply the cottage preservation amendment to properties that the City intends to protect; and limit the occupancy of cottages used for short-term rentals to six occupants if the cottage undergoes additions under the proposed cottage preservation amendment. On January 25, 2022, within the six-month adoption period (i.e. on or before May 19, 2022), the Newport Beach City Council adopted and passed Resolution No. 2022-4 and Ordinance No. 2020-3 incorporating the modifications suggested by the Commission pursuant to its approval. On January 27, 2022, the City submitted the resolution and ordinance adopted by the City Council to the Executive Director for a determination that the City's action is consistent with the Commission's November 19, 2021 action). Pursuant to Section 13544 of Title 14 of the California Code of Regulations, Title 14, Division 5.5, the Executive Director must determine that the action taken by the City of Newport Beach acknowledging receipt and acceptance of and agreement with the Commission's certification of the above-referenced LCP amendment with suggested modifications is legally adequate and report that determination to the Commission. In this case, the Executive Director has determined that the City's action is legally adequate. Section 13554 of the Commission's Code of Regulations then requires this determination be reported to the Commission for its concurrence. STAFF RECOMMENDATION Staff recommends that the Commission concur with the Executive Director's determination that the City's action is legally adequate. Page 1 of 1 PA2019-181