HomeMy WebLinkAboutPA2021-296_20220510_Coastal Commission Staff Comments
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor CALIFORNIA COASTAL COMMISSION
South Coast Area Office 301 E Ocean Blvd. #300 Long Beach, CA 90802 (562) 590-5071 Date: May 10, 2022
Re: Coastal Development Permit Application CD2021-077 (Ritz Carlton Residences)
To: The Honorable Newport Beach Planning Commission Coastal Commission staff received a Notice of Public Hearing for the referenced item on the Planning
Commission’s agenda of May 12, 2022. Thank you for the invitation to comment.
The notice may contain an error and a material inconsistency. First, the notice states that “the project site is located within the appeal area of the coastal zone; therefore, final action by the City may be appealed to the California Coastal Commission.” Staff would note that maps identifying geographic appeals areas in the City identify the project site as being in a non-appealable area.1 There may be
other reasons the proposed development is appealable (e.g. proximity to wetlands, streams, and/or
components of the project that would qualify as a major public works project). The City should determine whether the development is appealable and update its notifications accordingly. Second, the notice identifies the zoning and land use for the project site as Visitor Serving Commercial (CV), which is consistent with the LCP designations; however, the proposed project (conversion of 159 hotel
units to residential units) is plainly inconsistent with that zoning and land use and with the LCP, which
is the standard of review for the Coastal Development Permit application.2
This inconsistency appears to be related to Director’s Determination No. DD2021-01 (Accessory Residential Uses Within Resort Hotels) reported to the City Council on August 24, 2021. Coastal Commission staff provided a letter dated August 20, 2021, noting that the appropriate process for
changes to land use regulation in the coastal zone is an LCP Amendment, which may be initiated by
the City Council subject to certification by the Coastal Commission.
In fact, such a process was initiated for development of 79 townhome units on the subject site in 2007, when the City Council directed City staff to submit LCP Amendment Application NPB-MAJ-1-06, Part A, in conjunction with Coastal Development Permit Application 5-07-085.3 The LCP Amendment
was approved by the Coastal Commission and changed the land use designation of a 4.25-acre area
(occupied by tennis courts) at the Marriott Hotel from Visitor Serving Commercial to Medium Density
1 Locally issued coastal development permits authorizing development in the non-appealable area are
not appealable to the Coastal Commission unless they are appealable for some other reason. They may
be challenged in a court of law.
2 The LCP includes a Land Use Map which identifies development that may be authorized subject to a
Coastal Development Permit in specific areas of the City. Land Use Policy 2.1.1-1 includes a table that
identifies where hotels may be authorized (and prioritized) and where housing may be authorized.
3 The project applicant initially submitted Coastal Development Permit Application 5-06-168, but
withdrew that application and waited to file the subsequent permit application because it was agreed
that an LCP Amendment was required before the permit could be approved.
Coastal Development Permit Application CD2021-077 (Ritz Carlton Residences)
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Residential. The Commission approved the permit application for the physical housing development after approving the LCP Amendment to change the land use. Additionally, the approved permit included a special condition requiring that: “the permittee shall undertake development in accordance
with the approved plan. Any proposed changes to the approved final plan shall be reported to the
Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required.”
The subject proposal to change 30% of the rooms on the site from hotel use to residential use requires
an LCP Amendment before a permit may be approved, and may require a Commission-approved
amendment to Coastal Development Permit 5-07-085 or another Commission-approved permit. Construction of residential units in a location designated for Visitor Serving Commercial uses is inconsistent with the LCP, and a permit for such a use cannot be approved without changing the land use designation in the LCP. If the project, which is inconsistent with the LCP as currently proposed,
proceeds without the City first processing an LCP amendment with the Commission, the Commission
is authorized pursuant to Section 30810 of the Coastal Act, in certain circumstances, to issue a cease and desist order to the applicant to enforce the provisions of the LCP. That said, we prefer to resolve this matter in a cooperative manner with the City, as described in this letter.
When the City submits an LCP Amendment request for the subject site (or for multiple sites in the
coastal zone), Coastal Commission staff will also review the permit history for the site(s) in greater
detail and identify other issues that need to be analyzed aside from proposed changes in land use (e.g. provision of public access and recreational opportunities, visual resources, water quality) and impacts that may need to be mitigated. The subject site is governed not only by the referenced LCP Amendment and permit, but by Coastal Development Permits 5-89-1006, 5-83-139, 5-83-139A, and
possibly earlier permits, as the hotel site appears to have been developed in the mid 1970s.
Coastal Commission staff are available to discuss the LCP Amendment process and other matters related to the provision of housing in the coastal zone. As noted in our previous letter, the Coastal Commission supports State and City goals of increasing housing in existing developed areas with the appropriate land use and zoning designations authorized by the Commission.
Thank you for your collaboration. Karl Schwing
Deputy Director, CCC
cc: Seimone Jurjis, Community Development Director, City of Newport Beach Jim Campbell, Deputy Community Development Director, City of Newport Beach
Alex Helperin, Assistant Chief Counsel, CCC
Claire Wilkins, Attorney, CCC Andrew Willis, Enforcement Manager, CCC Zach Rehm, District Supervisor, CCC