HomeMy WebLinkAboutPA2019-181_20220127_ED Determination Request To CoastalCommunity Development Department
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
VIA ELECTRONIC MAIL AND USPS DELIVERY
January 27, 2022
Amrita Spencer
California Coastal Commission
South Coast District Office
301 E. Ocean Blvd, Suite 300
Long Beach, CA, 90802
Subject: City of Newport Beach LCP Amendment No. LC2019-004 (LCP-5-NPB-20-
0025-1, Part A) related to Cottage Preservation
Dear Amrita,
On January 11, 2022, the City Council of the City of Newport Beach adopted Resolution
No. 2022-4 (Coastal Land Use Plan Amendment) and introduced Ordinance No. 2022-3
(LCP Implementation Plan Amendment) approving LCP Amendment No. LC2019-004
(LCP-5-NPB-20-0025-1, Part A). The City Council conducted second reading of the
ordinance on January 25, 2022. The resolution and ordinance accept and incorporate all
of the Coastal Commission's suggested modifications. We request that a determination
by the Executive Director of the Coastal Commission that this action is legally adequate
to satisfy the specific requirements of Coastal Commission's November 19, 2021, action
on this amendment.
Sincerely,
Attachments:
1. Resolution No. 2022-4
2. Ordinance No. 2022-3
cc: Amber Dobson, District Manager (Email only)
RESOLUTION NO. 2022-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
LOCAL COASTAL PROGRAM AMENDMENT NO.
LC2019-004 AND AMENDING POLICY 2.9.3-8 OF THE
NEWPORT BEACH COASTAL LAND USE PLAN
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 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, Section 30500 of the 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, and the City assumed coastal development permit -issuing authority
on January 30, 2017;
WHEREAS, amendments to the LCP and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code ("NBMC") are 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 the LCP Amendment 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;
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;
Resolution No. 2022-4
Page 2 of 4
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, Chapter 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);
WHEREAS, at its November 19, 2021 hearing, the Coastal Commission approved
and certified LCP Amendment No. LC2019-004 with modifications (LCP-S- 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.
Resolution No. 2022-4
Page 3 of 4
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby accepts the suggested modifications
approved by the Coastal Commission.
Section 2: Policy 2.9.3-8 of Chapter 2.0 (Land Use and Development) of the Local
Coastal Program Coastal Land Use Plan shall be amended as follows, with all other
provisions of the Local Coastal Program Coastal Land Use Plan remaining unchanged:
2.9.3-8 Continue to require properties with nonconforming parking to provide code -
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor
area, but not greater than 750 square feet, of a residential development of three (3)
units or less may be allowed without requiring the code -required parking when the
project would result in the preservation of the cottage character of the existing
development and a building envelope representative of traditional development
patterns in the City. The LCP policies pertaining to hazards, setbacks, public access,
habitat protection, and visual resource protection shall apply to such properties with
additions.
Section 3: The LCP, including LCP Amendment No. LC2019-004, shall be
carried out in full conformance with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 5: This resolution shall not become until the Executive Director of the
Coastal Commission certifies that this resolution complies with 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: If any section, subsection, sentence, clause or phrase of this
resolution 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 resolution 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.
Resolution No. 2022-4
Page 4 of 4
Section 7: 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.
ADOPTED this 11th day of January, 2022.
Kevin Z o on-
Mayor
ATTEST:
11W4. iif
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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; the foregoing resolution, being Resolution
No. 2022-4 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 11th day of January, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of January, 2022.
Leilani I. Brown
City Clerk
Newport Beach, California
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;
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);
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. 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
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
Ordinance No. 2022-3
Page 5 of 7
Areas), Section 21.30A (Public Access and Recreation), Section 21.306 (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(G)(1).
Ordinance No. 2022-3
Page 6of7
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.
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:_ MAvnR MULDOON, MAYOR PRO TEM BLOM, COUNCIL MEMBER
AVERY , COUNCIL MEMBER O'NEILL, COUNCIL MEMBER
DIXON, COUNCIL MEMBER DUFFIELD
RECUSED: : COUNCIL MEMBER BRENNER
ATTEST:
t011i1l'jIvmyll__
BROWN,LEILAI 1.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CI ATTORNEY
KEVIN MULDOO , MA OR
LORNIP
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. 2022-3 was duly introduced on the 11th day of January, 2022, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 251h day of January, 2022, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Joy Brenner
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of January, 2022.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
a4 14.6m_, -
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-3 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: January 15, 2022
Adopted Ordinance: January 29, 2022
In witness whereof, I have hereunto subscribed my name this day of February, 2022.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California