HomeMy WebLinkAboutPA2019-055_Part B LCP Clean Up AmendmentPart B
Local Coastal Program Amendment No. LC2019-001
Correcting and Clarifying Provisions Related to Minimum Lot Size and Dimensions,
Overlays and Public Hearing Notice Requirements
The requested amendment to the Implementation Plan (IP) of the City’s Local Coastal
Program involves minor clean-up items affecting different sections of the IP as described
in more detail below:
Proposed Clean-Up Amendments
1. Minimum lot size exception – NBMC Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards)
Both Title 20 and 21 include minimum lot size standards for newly created residential
lots. These minimum lot sizes are intended for new residential subdivision projects.
However, many of the lots in the older communities in the City (e.g., Balboa Peninsula,
Corona del Mar, Balboa Island, etc.) were developed in the early and mid-1900’s prior
to the City adopting a Subdivision Code. As a result, many of the lots are substandard
to current minimum lot sizes and dimensions that have been in effect for many
decades. Over time, some lots have been combined or reconfigured from their original
subdivision pattern.
It is common for property owners and developers to re-subdivide previously combined
or reconfigured lots within these older established communities, reverting back to a lot
size consistent with the original subdivision pattern of the neighborhood. Title 20
currently includes an exception that allows residential lots to be subdivided with
smaller sizes and dimensions than required by that zone, provided the lot size and
dimensions are not less than the original underlying lots on the same block face and
in the same zoning district. This exception is supported by General Plan Policy LU
4.2, which prohibits new residential subdivisions that result in additional dwelling units
without a General Plan amendment, unless the lots were legally merged, in which
case they can be re-subdivided to the original underlying legal lots. Unfortunately, this
provision was inadvertently left out of the Title 21 development standards applicable
to residential coastal zoning districts. This amendment would correct the oversight by
adding the same exception already allowed in Title 20 to Title 21 through a footnote
applicable to the lot size standards in Tables 21.18-2, 21.18-3, and 21.18-4.
2. Overlay Zoning Districts – NBMC Section 21.28.010 (Purposes of Overlay
Zoning Districts)
Overlay zoning districts are a common tool to modify a base zoning district for a
specific area. Section 21.28.010 inadvertently states that the more restrictive standard
of the underlying coastal zoning district or applicable overlay apply; however, overlays
can be used to specify a different standard that might be less restrictive than the base
zone. The Parking Management Overlay authorizes the establishment of a Parking
Management District that allows reduced parking requirements than that of the
underlying coastal zoning standards. The amendment will clarify that in cases where
standards conflict between the underlying coastal zoning district and an overlay
district, the standards of the overlay district will control.
3. Notice of Public Hearing – NBMC Sections 20.62.020 and 21.62.020 (Notice of
Public Hearing)
The City’s noticing procedures are contained in Section 21.62.020 of the NBMC and
follow State law noticing requirements (GC. Sections 65090 and 65091), including:
publication in a newspaper of general circulation; and mailing to affected property
owners, local agencies, nearby property owners and residents, and persons
requesting notice. In addition to the minimum State law noticing requirements, City
noticing procedures also require notice to be posted on or close to the subject property
in a prominent location.
If the number of property owners to whom notice would be mailed or delivered is
greater than 1,000, NBMC Subsection 21.62.020(B)(4) authorizes the Director to
choose alternative notice specified by State law. To eliminate ambiguity and provide
clarification of the alternative afforded by State law, the proposed amendment will
clearly specify that the alternative to mailings of over 1,000 notices is to publish a
larger one-eighth page display advertisement in a newspaper of general circulation
within the City. The Daily Pilot or the Orange County Register are currently
newspapers of general circulation. In addition, the amendment will make it clear that
the Community Development Director may choose to provide additional notice of a
hearing in any other manner deemed necessary or desirable.
Notice of Availability
Pursuant to Section 13515 of the California Code of Regulations, review of the draft LCP
amendment was made available and a Notice of Availability was distributed on May 7,
2020. The notice was sent to all persons and agencies on the Notice of Availability mailing
list, posted on the City’s website, and made available for review at City Hall and City
library locations.
Public Participation
The proposed LCP amendment, and related Zoning Code Amendment, underwent the
public review process that included multiple noticed public hearings as follows:
June 18, 2020 Planning Commission- Noticed Public Hearing
July 28, 2020 City Council- Noticed Public Hearing
August 25, 2020 City Council- 2nd Reading of Ordinance (Zoning Code Amendment)
The project was presented to the Planning Commission on June 18, 2020, at a noticed
public hearing. At the conclusion of the hearing, the Planning Commission voted 6-0 to
recommend approval of the proposed amendments to the City Council.
The project then proceeded to the City Council where it was approved on July 28, 2020,
and with a second reading of the ordinances related to the Zoning Code amendment on
August 25, 2020.
Notice of the public hearings was published in the Daily Pilot, the local adjudicated
newspaper, at least ten days before the scheduled meeting. Copies of the proof of
publication is attached.
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.
Summary
A full copy of the Planning Commission and City Council staff report, resolutions,
ordinances, minutes, and public notices are attached.
Enclosures
Project Resolutions/Ordinances
1. City Council Ordinance No. 2020-19 Adopting Zoning Code Amendment
2. City Council Resolution No. 2020-72 Authorizing submission of LCP Amendment
to CA Coastal Commission
3. Planning Commission Resolution No. PC2020-024 Recommending Approval of
Zoning Code Amendment
4. Planning Commission Resolution No. PC2020-025 Recommending Approval of
Local Coastal Program Code Amendment
Public Hearing Staff Reports and Minutes
5. City Council Staff Report – August 25, 2020
6. City Council Minutes – August 25, 2020
7. City Council Staff Report – July 28, 2020
8. City Council Minutes – July 28, 2020
9. Planning Commission Staff Report– June 18, 2020
10. Planning Commission Minutes – June 18, 2020
Public Notice Materials
11. City Council Notice and Proof of Publication – July 28, 2020
12. Planning Commission Notice and Proof of Publication – June 18, 2020
13. Notice of Availability of LCP Amendment
Other Materials
14. Correspondence
15. Underline Strikeout Version of Revisions