HomeMy WebLinkAboutPA2019-181_20200410_Part A_Cottage Preservation Request to CoastalPart A
Local Coastal Program Amendment No. LC2019-004
Cottage Preservation
Request to amend both the Coastal Land Use Plan (Policy 2.9.3-8) and the Implementation
Plan (Section 21.38.060 – Nonconforming Parking) of the City’s Local Coastal Program to
provide a voluntary option for homeowners seeking to remodel, but preserve traditional
beach cottages.
Purpose
Typically, cottages do not provide all the code-required parking and as a result, additions
are limited to 10 percent of the existing floor area. This design constraint has resulted in
property owners choosing to demolish older cottages and redevelop properties with new,
larger, three-level homes that maximize the allowable building envelope. As an alternative,
the amendment would allow larger additions (up to 50 percent of the existing floor area or
a maximum of 750 square feet) to nonconforming residential structures consisting of
three-units or less when the project would result in the preservation of the cottage
character and building envelope that is representative of traditional development patterns
in the City (i.e., one-story and 16 feet high within front half of lot and two-story, 24 feet
high within rear half of lot).
To ensure this building envelope is retained and the property owner doesn’t subsequently
add additional floor area that violates the prescribed building envelope, a deed restriction
would be required. However, the deed restriction would not require that the cottage be
preserved indefinitely. Should a property owner desire to redevelop the property in future,
the deed restriction would allow redevelopment of the property in compliance with
development standards in affect at the time, including providing code-required parking.
Proposed Amendments
Enclosure No. 26 includes the proposed changes to the LCP, including the revision to
Policy 2.9.3-8 providing policy guidance for the cottage preservation incentive included in
Section 21.38.060 of the Implementation Plan.
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 a minimum
of six weeks prior to the City Council’s final action on January 28, 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:
April 23, 2019 City Council Study Session
May 14, 2019 City Council- Code Amendment Initiation
August 19, 2019 Community Meeting – Noticed to Interested Parties
September 10, 2019 City Council Study Session
October 17, 2019 Planning Commission- Noticed Public Hearing
November 21, 2019 Planning Commission- Continued Public Hearing
January 28, 2020 City Council- Noticed Public Hearing
February 11, 2020 City Council- 2nd Reading of Ordinance (Zoning Code
Amendment)
The project was presented to the Planning Commission on October 17, 2019, at a noticed
public hearing and continued to November 21, 2017. At the conclusion of the November
21, 2019, hearing, the Planning Commission voted 5-1 to recommend approval of the
proposed amendments to the City Council.
The project then proceeded to the City Council where it was approved on January 28,
2020, and with a second reading of the ordinance related to the Zoning Code amendment
on February 11, 2020.
The hearings are listed as part of the recitals within the attached resolution approving the
CLUP amendment. Notice of the public hearings was published in the Daily Pilot, the
local adjudicated newspaper, as a 1/8 page ad. Copies of the proof of publication is
attached.
Environmental Review
The amendment 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 amendment 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.
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. 2020-4 Adopting Zoning Code Amendment
2. City Council Resolution No. 2020-12 Authorizing Submission to CA Coastal
Commission
3. Planning Commission Resolution No.2019-33 Recommending Approval of
Zoning Code Amendment
4. Planning Commission Resolution No.2019-34 Recommending Approval of Local
Coastal Program Code Amendment
5. City Council Resolution No. 2019-43 Initiating Amendments
Public Hearing Staff Reports and Minutes
6. City Council Staff Report – February 11, 2020
7. City Council Minutes – February 11, 2020
8. City Council Staff Report – January 28, 2020
9. City Council Minutes – January 28, 2020
10. Planning Commission Staff Report – November 11, 2019
11. Planning Commission Minutes – November 11, 2019
12. Planning Commission Staff Report – October 17, 2019
13. Planning Commission Minutes – October 17, 2019
14. City Council Staff Report – September 10, 2019
15. City Council Minutes – September 10, 2019
16. City Council Staff Report – May 14, 2019
17. City Council Minutes – May 14, 2019
18. City Council Study Session Presentation – April 23, 2019
19. City Council Minutes – April 23, 2019
Public Notice Materials
20. City Council Notice and Proof of Publication – January 28, 2020
21. Planning Commission Notice and Proof of Publication – November 11, 2019
22. Planning Commission Notice and Proof of Publication – October 17, 2019
23. Community Meeting Courtesy Notice- August 19, 2019
24. Notice of Availability of LCP Amendment
Other Materials
25. Correspondence
26. Proposed LCP Amendment – Policy and Regulations