HomeMy WebLinkAbout05 - Local Coastal Program (LCP) Amendment to Increase the Development Limit Specified for Bay Island (PA2022-087)TO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
October 22, 2024
Agenda Item No. 5
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Jenny Tran, Associate Planner - 949-644-3212,
jtran@newportbeachca.gov
TITLE: Ordinance No. 2024-27 and Resolution No. 2024-77: Local Coastal
Program (LCP) Amendment to Increase the Development Limit
Specified for Bay Island (PA2022-087)
ABSTRACT:
In January 2023, the City Council adopted an amendment to the General Plan and to
Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC). The
amendments changed the development limit specified for Bay Island from 23 dwelling
units to a maximum of 25 dwelling units. Additionally, the City Council adopted a
resolution authorizing submittal to the California Coastal Commission (CCC) of the
complementary amendments to Title 21 (Local Coastal Program Implementation Plan) of
the NBMC and the Coastal Land Use Plan (CLUP).
On July 11, 2024, the CCC approved the requested amendments as submitted without
modifications. For the City Council's consideration is an ordinance to amend Title 21 and
a resolution to amend the CLUP consistent with the CCC's approval.
RECOMMENDATIONS:
a) Find this action exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-27, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 21 (Local Coastal Program Implementation Plan) to
Change the Development Limit Specified for Bay Island from 23 Dwelling Units to a
Maximum of 25 Dwelling Units (PA2022-087), and pass to second reading on
November 12, 2024; and
c) Adopt Resolution No. 2024-77, A Resolution of the City Council of the City of Newport
Beach, California, Adopting a Local Coastal Program Amendment as Approved by the
California Coastal Commission to Change the Development Limit Specified in the
Coastal Land Use Plan (CLOP) for Bay Island from 23 Dwelling Units to a Maximum
of 25 Dwelling Units (PA2022-087).
5-1
Ordinance No. 2024-27 and Resolution No. 2024-77: Local Coastal Program
Amendment to Increase the Development Limit Specified for Bay Island
October 22, 2024
Page 2
DISCUSSION:
Bay Island was established over 100 years ago as a recreational club and developed as
a residential island over the years. Accessed only by a pedestrian bridge, there are no
vehicles allowed on the island. Accordingly, Bay Island has a long history of off -site
parking that is provided in a parking garage located at 501 W. Bay Avenue. Bay Island is
a single legal lot and the island is a stock cooperative developed with individual building
sites.
On November 24, 1997, the City Council approved Use Permit No. UP3618, which created
a development plan that included a maximum of 25 residential units on Bay Island. On
July 25, 2006, the City Council approved Resolution No. 2006-76, adopting a
comprehensive General Plan Update, which inadvertently decreased the development limit
of Bay Island to a maximum of 23 residential dwelling units based on the number of dwellings
that existed on the Bay Island at the time. This error was subsequently carried over into the
Zoning Code and Local Coastal Program.
CLUP and Title 21 Amendments
The proposed amendments seek to reverse the errors in the CLUP and Title 21 of the
NBMC to correct the maximum number of dwelling units at Bay Island and the associated
land use designations. Bay Island is a single property with two coastal land use
designations and coastal zoning districts that are intended to provide for both multi -unit
residential development and open space. The existing CLUP and Title 21 maps include
errors related to the coastal land use designations, coastal zoning districts, and
development limits. The proposed amendments would correct these errors so that the
CLUP and Title 21 match the original entitlements that allow a maximum development
limit of 25 dwelling units. For example, one building site was originally planned for
residential development but was inadvertently designated open space within the CLUP
and Title 21. Similarly, two building sites were designated for open space, but were
inadvertently designated for residential use. These underlying land use designations and
coastal zoning districts would be corrected as part of these amendments. These updates
are reflected in Exhibit B of Attachment A and Exhibit B of Attachment B.
Future redevelopment at Bay Island, including construction or demolition of any dwelling
units would continue to require conformance with applicable Coastal Zoning District
development and parking standards and would require discretionary approval through a
coastal development permit. Approval of a coastal development permit requires
consistency with all applicable sections of the Local Coastal Program, including, but not
limited to, policies related to water quality, public access and views, and coastal hazards.
California Coastal Commission Action
On January 24, 2023, the City Council introduced Ordinance No. 2023-1 (Attachment C)
to amend Title 20 (Planning and Zoning), adopted Resolution No. 2023-4 (Attachment D)
to amend the land use element of the General Plan to correct the development limit for
Bay Island, and adopted Resolution No. 2023-5 authorizing the submittal of the LCP to
the CCC. The City Council staff report is included as Attachment E for reference.
5-2
Ordinance No. 2024-27 and Resolution No. 2024-77: Local Coastal Program
Amendment to Increase the Development Limit Specified for Bay Island
October 22, 2024
Page 3
On July 11, 2024, the California Coastal Commission approved LCP Amendment
No. LC2022-003 as a major amendment with no modifications (Attachment F).
As a result, and pursuant to Coastal Act Section 3015(c), this LCP Amendment is now
deemed approved and became a certified part the City's LCP on July 26, 2024,
10 working days after the date of the California Coastal Commission meeting; however,
full implementation requires City Council adoption of the recommended ordinance and
resolution.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
Class 3 exempts the construction of up to three single-family residences. The project
would authorize the future development of up to two additional single-family residences
at Bay Island and therefore qualifies under this exemption. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due to
unusual circumstances, does not damage scenic resources within a state scenic highway,
is not a hazardous waste site, and is not identified as a historical resource.
NOTICING:
Notice of the January 24, 2023, City Council hearing where this amendment was originally
considered and approved for submittal to the California Coastal Commission was
published in the Daily Pilot as an eighth -page advertisement, consistent with the
provisions of the NBMC and emailed to interested parties that have requested notice
and/or attended the community meetings.
In addition, pursuant to Section 13515 of the California Code of Regulations, a review
draft of the LCP Amendment was made available, and a Notice of Availability (NOA) was
distributed on August 22, 2022, to all persons and agencies on the NOA mailing list.
Lastly, the agenda item has been noticed according to the Brown Act (72 hours in
advance of the meeting at which the City Council considers the item).
5-3
Ordinance No. 2024-27 and Resolution No. 2024-77: Local Coastal Program
Amendment to Increase the Development Limit Specified for Bay Island
October 22, 2024
Page 4
ATTACHMENTS:
Attachment A — Ordinance No. 2024-27 (Title 21 Code Amendment)
Attachment B — Resolution No. 2024-77 (CLUP Amendment)
Attachment C — Ordinance No. 2023-1
Attachment D — Resolution No.2023-4
Attachment E — January 24, 2023 Staff Report
Attachment F — Coastal Commission Approval Letter
Attachment G — Coastal Commission Staff Report
5-4
Attachment A
Ordinance No. 2024-27:
Title 21 Code Amendment
5-5
ORDINANCE NO. 2024-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
21 (LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN) TO CHANGE THE DEVELOPMENT LIMIT
SPECIFIED FOR BAY ISLAND FROM 23 DWELLING
UNITS TO A MAXIMUM OF 25 DWELLING UNITS
(PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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 ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, the City adopted the City of Newport Beach Local Coastal Program
Coastal Land Use Plan ("CLUP") in 2005, which has been amended from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City's Local Coastal Program Implementation Plan 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 application was filed by Bay Island Club, Inc. ("Applicant") on April
20, 2022, with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A," and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in the Newport Harbor that is
currently developed with 23 single -unit dwellings, shared open space, recreational
areas, and a caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
5-6
Ordinance No. 2024-
Page 2 of 5
WHEREAS, the City Council approved Use Permit No. UP3618 on November 24,
1997, to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single -unit
building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single -unit detached character of Bay Island;
WHEREAS, the City Council approved Resolution No. 2006-76 on July 25, 2006,
adopting a comprehensive 2006 General Plan Update wherein the density of Bay Island
inadvertently identified a maximum of 23 dwelling units based on the number of dwellings
units that existed on Bay Island at that time;
WHEREAS, the City Council adopted Ordinance No. 2016-19 on November 22,
2016, adding Title 21 to the NBMC;
WHEREAS, Ordinance No. 2016-19 mirrored the 2006 General Plan Update
development limits and, as such, inadvertently identified a maximum density of 23
dwelling units on Bay Island;
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No.
UP3618 ("Project");
WHEREAS, the following approvals were required from the City to implement the
Project:
• General Plan Amendment ("GPA") — An amendment to the Land Use Element
of the General Plan to correct the development limit specified for Bay Island
from 23 dwelling units to a maximum of 25 dwelling units;
• Zoning Code Amendment ("ZCA") — An amendment to Title 20 (Planning and
Zoning) of the NBMC to correct the development limit specified for Bay Island
from 23 dwelling units to a maximum of 25 dwelling units; and
• Local Coastal Program Amendment ("LCPA") — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC and Coastal Land
Use Plan (CLUP) to correct the development limit specified for Bay Island
from 23 dwelling units to a maximum of 25 dwelling units;
5-7
Ordinance No. 2024-
Page 3 of 5
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land
Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the
Coastal Zoning District is Multiple Residential (RM);
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5,
Chapter 8 ("Section 13515"), drafts of the LCPA were made available and a Notice of
Availability was distributed on August 25, 2022, at least six weeks prior to the
anticipated final action date;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the California Government Code Section 54950 et seq. ("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 Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending the City Council
approve the Project;
WHEREAS, the City Council held a public hearing on January 24, 2023, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the hearing was given in accordance with the Ralph
M. Brown Act, Section 13515, 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 hearing;
WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-5
authorizing the submittal of the LCPA to amend Title 21 changing the development limit
specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units; and
WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-23-
0019-1 Part B) on July 11, 2024, as a major amendment with no modifications, and as a
result, is deemed approved and became a certified part of Title 21.
5-8
Ordinance No. 2024-
Page 4 of 5
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve the LCPA (PA2022-087)
amending Title 21 (Local Coastal Program Implementation Plan) of the NBMC to correct
the development limit specified for Bay Island from 23 dwelling units to a maximum of
25 dwelling units, as set forth in Exhibit "B," which is attached hereto and incorporated
herein by reference.
Section 2: The LCP and Title 21, including this LCPA, shall be carried out in
full conformance with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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 5: The City Council finds the introduction and adoption of this
ordinance is exempt from environmental review under the California Environmental
Quality Act ("CEQA") pursuant to Section 15303, Class 3 (New Construction or
Conversion of Small Structures) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3. Class 3 exempts the construction of up to
three single-family residences. LCP Amendment No. LC2022-003 would authorize the
future development of up to two additional single -unit dwellings at Bay Island and
therefore qualifies within this exemption.
Section 6: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
5-9
Ordinance No. 2024-
Page 5 of 5
Section 7: 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 22nd day of October, 2024, and adopted on the 12th day
of November, 2024, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
..__ (_ ffn:=
A R N C. HARP, CITY ATTORNEY
Attachments: Exhibit A — Bay Island Map
Exhibit B — Local Coastal Program Amendment No. LC2022-003
Amending Title 21 of the NBMC
5-10
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5-12
Attachment B
Resolution No. 2024-77:
CLUP Amendment
5-13
RESOLUTION NO. 2024. 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING A
LOCAL COASTAL PROGRAM AMENDMENT AS
APPROVED BY THE CALIFORNIA COASTAL
COMMISSION TO CHANGE THE DEVELOPMENT LIMIT
SPECIFIED IN THE COASTAL LAND USE PLAN (CLUP)
FOR BAY ISLAND FROM 23 DWELLING UNITS TO A
MAXIMUM OF 25 DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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 ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, the City adopted the City of Newport Beach Local Coastal Program
Coastal Land Use Plan ("CLUP") in 2005, which was been amended from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City's Local Coastal Program Implementation Plan 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 on January 30, 2017;
WHEREAS, an application was filed by Bay Island Club, Inc. ("Applicant") on April
20, 2022, with respect to Bay Island, as shown on the official map of Bay Island ("Property")
which is attached hereto as Exhibit 'A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in the Newport Harbor that is
currently developed with 23 single -unit dwellings, shared open space, recreational areas,
and a caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
5-14
Resolution No. 2024-
Page 2 of 5
WHEREAS, the City Council approved Use Permit No. UP3618 on November 24,
1997, to implement a Planned Residential Development Overlay District, which modified the
Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single -unit
building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single -unit detached character of Bay Island;
WHEREAS, the City Council approved Resolution No. 2006-76 on July 25, 2006,
adopting a comprehensive 2006 General Plan Update wherein the density of Bay Island
inadvertently identified a maximum of 23 dwelling units based on the number of dwellings
units that existed on Bay Island at that time;
WHEREAS, the City Council adopted Ordinance No. 2016-19 on November 22,
2016, adding Title 21 to the NBMC;
WHEREAS, Ordinance No. 2016-19 mirrored the 2006 General Plan Update
development limits and, as such, inadvertently identified a maximum of 23 dwelling units
on Bay Island;
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 dwelling units to 25 dwelling units, consistent with Use Permit
No. UP3618 ("Project");
WHEREAS, the following approvals were required from the City to implement the
Project:
• General Plan Amendment ("GPA") — An amendment to the Land Use Element
of the General Plan to correct the development limit specified for Bay Island
from 23 dwelling units to a maximum of 25 dwelling units;
• Zoning Code Amendment ("ZCA") — An amendment to Title 20 (Planning and
Zoning) of the NBMC to correct the development limit specified for Bay Island
from 23 dwelling units to a maximum of 25 dwelling units; and
• Local Coastal Program Amendment ("LCPA") — An amendment to Title 21 and
CLUP to correct the development limit specified for Bay Island from 23 dwelling
units to a maximum of 25 dwelling units;
5-15
Resolution No. 2024-
Page 3 of 5
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land Use
Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal
Zoning District is Multiple Residential (RM);
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5,
Chapter 8 ("Section 13515"), drafts of the LCPA were made available and a Notice of
Availability was distributed on August 25, 2022, at least six weeks prior to the anticipated
final action date;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the California Government Code Section 54950 et seq. ("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 Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending the City Council
approve the Project;
WHEREAS, the City Council held a public hearing on January 24, 2023, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the hearing was given in accordance with the Ralph M.
Brown Act, Section 13515, 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 hearing;
WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-5
authorizing the submittal of LCPA to amend Title 21 changing the development limit
specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units; and
5-16
Resolution No. 2024-
Page 4 of 5
WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-23-0019-
1 Part B) on July 11, 2024, as a major amendment with no modifications, and as a result,
is deemed approved and became a certified part of Title 21.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby approve the LCPA (PA2022-087)
amending the CLUP to correct the development limit specified for Bay Island from 23
dwelling units to a maximum of 25 dwelling units, as set forth in Exhibit "B," which is
attached hereto and incorporated herein by reference.
Section 2: The LCP, including this LCPA, shall be carried out in full
conformance with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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 resolution. 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.
Section 5: The City Council finds the introduction and adoption of this ordinance
is exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences. Local
Coastal Program Amendment No. LC2022-003 would authorize the future development
of up to two additional single -unit dwellings at Bay Island and therefore qualifies within
this exemption.
5-17
Resolution No. 2024-
Page 5 of 5
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of October, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
a.�-
Aa n C. Harp
City Attorney
Attachments: Exhibit A - Bay Island Map
Exhibit B - Local Coastal Program Amendment No. LC2022-003
Amending the Coastal Land Use Plan
5-18
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Bay Island
PA2022-087
EXHIBIT
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City of Newport Beach
GIS Division
September 29, 2022
5-19
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Local Coastal Program Amendment
No. LC2022-003 (CLUP) NEGit
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° Bay Island
City of Newport Beach
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PA2022-087 EXHIBIT B GIber01i
December O12
, 2022
5-20
Attachment C
Ordinance No. 2023-1
5-21
ORDINANCE NO. 2023-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
ZONING CODE AMENDMENT NO. CA2022-005 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-
family building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein
the density of Bay Island was inadvertently decreased to a maximum of 23 residential
dwelling units based on the number of dwellings that existed on Bay Island at that time;
5-22
Ordinance No. 2023-1
Page 2 of 5
WHEREAS, on October 25, 2010, the City Council adopted a comprehensive
update to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") which inadvertently set the maximum density of Bay Island to 23 residential
dwelling units;
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No.
UP3618 ("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 — An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land
Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the
Coastal Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("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 Planning Commission at this hearing;
5-23
Ordinance No. 2023-1
Page 3 of 5
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the 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
hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves Zoning Code Amendment No.
CA2022-005 to correct the development limit specified for Bay Island from 23 dwelling
units to a maximum of 25 dwelling units, as depicted in Exhibit "B" which is attached
hereto and incorporated herein. This approval is contingent upon the certification of
Local Coastal Program Amendment No. LC2022-003 by the California Coastal
Commission.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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.
City of Newport Beach ,.,,
Ordinance No. 2023-1
Page 4 of 5
Section 4: The City Council finds Zoning Code Amendment No. CA2022-005
is exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
Zoning Code Amendment No. CA2022-005 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
Section 5: 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.
City of Newport Beach ,,,
Ordinance No. 2023-1
Page 5 of 5
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. This ordinance shall take effect upon certification of Local Coastal
Program Amendment No. LC2022-003 by California Coastal Commission. 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 24th day of January, 2023, and adopted on the 14th day
of February, 2023, by the following vote, to -wit:
AYES: Mayor Blom, Mayor Pro Tern O'Neill, Council Member Avery, Council
Member Grant, Council Member Kleiman, Council Member Stapleton, Council
Member Weigand
NAYS:
ABSENT:
ATTEST:
LEILANI I. BROWW, CITY CLERK tI
APPROVED AS TO FORM: c-2- a
CITY ATTORNEY'S OFFICE
C. �, CWL_
AARON C. HARP, CITY ATTORNEY
Attachments: Exhibit A - Bay Island Map
Exhibit B - Zoning Code Amendment No. CA2022-005
5-26
Exhibit "A"
Bay Island Map
1F' A)C(q�,C
0G, 1,, .
p�
W
Bray Island NEi•N
' PA2022-087
EXHIBIT A P'v6er79,20.
•1J02i-pli /JS MJ�ler�uy ri sC
f Newpurt Beach
5-27
Exhibit "B"
Zoning Code Amendment No. CA2022-005
Q
Zoning Code Amendment
No. CA2022-005
Bay Island
PA2022-087 EXHIBIT B
CT `' NE I nIL H
Chr of N..Pe 5.ud
GIS DW.1 n
Snphmfim 29, 2032
5-28
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. 2023-1 was duly introduced on the 281h day of January, 2023, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 14th day of February, 2023, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton,
Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15th day of February, 2023.
Vpo
(Pi Leilani I. Brown, M C
u1, City Clerk
City of Newport Beach, California
FOV2
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2023-1 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 28, 2023
Adopted Ordinance: February 18, 2023
'sr M
In witness whereof, I have hereunto subscribed my name this day of F iary, 2023.
001
Nyj P 4
n Leilani I. Brown, NAMC
City Clerk
City of Newport Beach, California
5-29
Attachment D
Resolution No. 2023-4
5-30
RESOLUTION NO. 2023-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2022-001 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-family
building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the
density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling
units based on the number of dwellings that existed on Bay Island at that time;
5-31
Resolution No. 2023-4
Page 2 of 5
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618
("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 —An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay Island
from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land Use
Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal
Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("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 Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
5-32
Resolution No. 2023-4
Page 3of5
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the 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 hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby approves General Plan Amendment No.
GP2022-001 amending the General Plan of the City of Newport Beach to correct the
development limit specified for Bay Island from 23 dwelling units to a maximum of 25
dwelling units as depicted in Exhibit "B," which is attached hereto and incorporated herein
by reference. This approval is contingent upon the certification of Local Coastal Program
Amendment No. LC2022-003 by the California Coastal Commission.
Section 2: Charter Section 423 requires voter approval of any major General
Plan amendment to the General Plan. A major General Plan amendment is one that
significantly increases allowed density or intensity by 40,000 square feet of non-
residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM),
or increases residential dwelling units by 100 units. These thresholds apply to the total
of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter, Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Facts in Support Finding of Consistency with Charter Section 423:
The Project is located within Statistical Area D3 with no general plan amendments
over the last 10 years. Charter Section 423 is not triggered because the maximum number
of dwelling units on Bay Island was inadvertently revised to reflect the number of dwelling
units at that time as opposed to what was authorized by Use Permit No. UP3618.
5-33
Resolution No. 2023-4
Page 4 of 5
Additionally, even assuming the Project was not merely correcting an error,
increasing the number of dwelling units by two units has no effect on the non-residential
floor area and would result in an overall increase of 1.4 a.m. peak hour trips and 1.9 p.m.
peak hour trips based on the residential trip rates reflected in Council Policy A-18. Since
none of the three thresholds specified by Charter Section 423 are exceeded, no vote of
the electorate is required
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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 resolution. 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.
Section 5: The City Council finds General Plan Amendment No. GP2022-001 is
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
General Plan Amendment No. GP2022-001 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
5-34
Resolution No. 2023-4
Page 5of5
Section 6: This resolution shall take effect upon the certification of Local Coastal
Program Amendment No. LC2022-003 by the California Coastal Commission.
ADOPTED this 24th day of January, 2023.
ATTEST:
., -(� - (III,
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
City Attorney
Attachments: Exhibit A - Bay Island Map
Exhibit B - General Plan Amendment No. GP2022-001
City of Newport Beach ,,,
EXHIBIT "A"
Bay Island Map
Ba
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X
j� q 6
.1
i
Bay Island ''
�; hiE��'S
ei�--e+ naen
EXHIBIT A s.�.n6�ri4, 9027
>AMJMfi7- L.JU6eA_Mm ns6
City of Newport Beach „s
EXHIBIT "B"
General Plan Amendment No. GP2022-001
RM-D
25 du
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�T
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;4 �
General Plan Amendment
a... No. GP2022-001
MI d: .I
Bay/ Island
Chy of H.rpw7 3,arh
r PA2022-087 EXHIBIT B Sepeems•14, 362]
IN2011+,.Vi [.' Men 3rcr.�etl
5-37
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. 2023-4 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 241h day of January, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Robyn Grant, Council Member Lauren Kleiman, Council Member
Joe Stapleton, Council Member Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of January, 2023.
( r
jiAMz
Leilani I. Brown
City Clerk
Newport Beach, California
�V P
5-38
Attachment E
January 24, 2023 Staff Report
5-39
Q �EwPpRr
CITY OF
z NEWPORT BEACH
C`q</FOAN�P City Council Staff Report
January 24, 2023
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Chelsea Crager, Senior Planner, ccrager@newportbeachca.gov
PHONE: 949-644-3227
TITLE: Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5:
General Plan Amendment to Increase the Development Limit for
Bay Island (PA2022-087)
ABSTRACT:
For the City Council's reconsideration are amendments to the General Plan, Zoning Map,
and Coastal Zoning Map for Bay Island. The amendments increase the maximum
development limits from 23 dwelling units to 25 dwelling units and include correcting the
land use maps. The amendments were initiated by Bay Island Club, Inc., which seeks to
return development rights, consistent with Use Permit No. UP3618.
This item was previously heard and approved at the January 10, 2023 City Council
meeting; however, the agenda item was required to be re -noticed to ensure compliance
with the requirements of the Newport Beach Municipal Code.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 — Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
c) Adopt Resolution No. 2023-4, A Resolution of the City Council of the City of Newport
Beach, California, Approving General Plan Amendment No. GP2022-001 to Change
the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum
Dwelling Units (PA2022-087);
d) Adopt Resolution No. 2023-5, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing the Submittal of Local Coastal Program Amendment
No. LC2022-003 to Change the Development Limit Specified for Bay Island from
23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087); and
3%ity NeVV 1F 5-40
15-1
Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan
Amendment to Increase the Development Limit for Bay Island (PA2022-087)
January 24, 2023
Page 2
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2023-1, An Ordinance of the City Council of the City of Newport Beach, California,
Approving Zoning Code Amendment No. CA2022-005 to Change the Development
Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units
(PA2022-087), and pass to second reading on February 14, 2023.
DISCUSSION:
This agenda item was previously heard at the January 10, 2023, City Council meeting,
where the proposed amendments were unanimously approved. However, subsequent to
that meeting, it was discovered that the public noticing for the meeting did not meet the
minimum 10-day posting and mailing requirements prior to the date of the meeting.
Therefore, the item has been properly re -noticed consistent with the provisions of the
Newport Beach Municipal Code.
The City Council is required to reconsider the item and hold a new public hearing. The
complete January 10, 2023 City Council staff report, including attachments, is provided
as Attachment D for reference.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
Class 3 exempts the construction of up to three single-family residences. The project
would authorize the future development of up to two additional single-family residences
at Bay Island and therefore qualifies within this exemption. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due to
unusual circumstances, does not damage scenic resources within a state scenic highway,
is not a hazardous waste site, and is not identified as a historical resource.
NOTICING:
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Newport Beach
Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website in accordance with the Brown Act
(72 hours in advance of the meeting at which the City Council considers the item).
5-41
15-2
Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan
Amendment to Increase the Development Limit for Bay Island (PA2022-087)
January 24, 2023
Page 3
ATTACHMENTS:
Attachment A — Resolution No. 2023-4
Attachment B — Resolution No. 2023-5
Attachment C — Ordinance No. 2023-1
Attachment D — January 10, 2023 Staff Report
City of Newport Beach 5-42
„,
Attachment A
Resolution No. 2023-4
City of Newport Beach 5-43
RESOLUTION NO. 2023-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2022-001 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-family
building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the
density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling
units based on the number of dwellings that existed on Bay Island at that time;
5-44
15-5
Resolution No. 2023-4
Page 2 of 5
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618
("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 —An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay Island
from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land Use
Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal
Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 et seq. ("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 Planning Commission at this hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
City of Newport Beach 5-45
75-6
Resolution No. 2023-4
Page 3 of 5
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the 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 hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby approves General Plan Amendment No.
GP2022-001 amending the General Plan of the City of Newport Beach to correct the
development limit specified for Bay Island from 23 dwelling units to a maximum of 25
dwelling units as depicted in Exhibit "B," which is attached hereto and incorporated herein
by reference. This approval is contingent upon the certification of Local Coastal Program
Amendment No. LC2022-003 by the California Coastal Commission.
Section 2: Charter Section 423 requires voter approval of any major General
Plan amendment to the General Plan. A major General Plan amendment is one that
significantly increases allowed density or intensity by 40,000 square feet of non-
residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM),
or increases residential dwelling units by 100 units. These thresholds apply to the total
of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Facts in Support Finding of Consistency with Charter Section 423:
The Project is located within Statistical Area D3 with no general plan amendments
over the last 10 years. Charter Section 423 is not triggered because the maximum number
of dwelling units on Bay Island was inadvertently revised to reflect the number of dwelling
units at that time as opposed to what was authorized by Use Permit No. UP3618.
'=ity of NewportBeach 5-46
15-7
Resolution No. 2023-4
Page 4 of 5
Additionally, even assuming the Project was not merely correcting an error,
increasing the number of dwelling units by two units has no effect on the non-residential
floor area and would result in an overall increase of 1.4 a.m. peak hour trips and 1.9 p.m.
peak hour trips based on the residential trip rates reflected in Council Policy A-18. Since
none of the three thresholds specified by Charter Section 423 are exceeded, no vote of
the electorate is required
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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 resolution. 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.
Section 5: The City Council finds General Plan Amendment No. GP2022-001 is
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
General Plan Amendment No. GP2022-001 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
City of Newport Beach5-47
,„
Resolution No. 2023-4
Page 5of5
Section 6: This resolution shall take effect upon the certification of Local Coastal
Program Amendment No. LC2022-003 by the California Coastal Commission.
ADOPTED this 24th day of January, 2023.
Noah Blom
Mayor
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron . Harp
City Itorney
Attachments: Exhibit A - Bay Island Map
Exhibit B - General Plan Amendment No. GP2022-001
City of Newport Beach 5-48
,,,
EXHIBIT "A"
Bay Island Map
Bay island
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Bay Island r 'aNB,G S
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EXHIBIT A yF��• =' =�
City of Newport Beach ,5-49
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EXHIBIT "B"
General Plan Amendment No. GP2022-001
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General Plan Amendment
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No. GP2022-001 �s,,: NE:.,
Bay Island OvaF N—F-,'_.ad
PA2022-087 EXHIBIT B `I'°',
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5-50
15-11
Attachment B
Resolution No. 2023-5
City of Newport Beach 5-51
RESOLUTION NO. 2023-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2022-003 TO CHANGE THE
DEVELOPMENT LIMIT SPECIFIED FOR BAY ISLAND
FROM 23 DWELLING UNITS TO 25 MAXIMUM
DWELLING UNITS (PA2022-087)
WHEREAS, as set forth in Section 30500 of the California Public Resources
Code, the California Coastal Act requires each county and city to prepare a local coastal
program ("LCP") for that portion of the coastal zone within its jurisdiction;
WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached here as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan that authorized a maximum of 25 residential units (24 single-
family building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the
density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling
units based on the number of dwellings that existed on Bay Island at that time;
WHEREAS, on November 22, 2016, the City Council adopted Ordinance No.
2016-19, adding Title 21 (Local Coastal Program Implementation Plan) to the Newport
Beach Municipal Code ("NBMC") with the maximum density of 23 residential dwelling
units inadvertently carried over to Title 21;
i-[v of N�vvnoft Becel L,,% 1 5-52
15-13
Resolution No. 2023-5
Page 2 of 4
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618
("Project"),
WHEREAS, the following approvals are requested or required from the City of
Newport Beach ("City") to implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title
21 (Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 — An amendment to Title 20
(Planning and Zoning) of the NBMC to correct the development limit specified
for Bay Island from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land Use
Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal
Zoning District of Multiple Residential (RM);
WHEREAS, pursuant to Section 13515 of the California Code of Regulations,
Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of Local Coastal Program
Amendment No. LC2022-003 were made available and a Notice of Availability was
distributed a minimum of six weeks prior the City Council public hearing;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with the California Government Code Section 54950 et seq. ("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 Planning Commission at this hearing;
City of Newport Beach 5.53
15 14
Resolution No. 2023-5
Page 3 of 4
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the hearing was given in accordance with the Ralph M.
Brown Act, Section 13515 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 hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby authorizes staff to submit Local Coastal
Program Amendment No. LC2022-003 to the California Coastal Commission for review and
approval as set forth in Exhibits "B" and "C," which are attached hereto and incorporated
herein by reference.
Section 2: Local Coastal Program Amendment No. LC2022-003 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach.
Section 3: Local Coastal Program Land Use Plan and Title 21 (Local Coastal
Program Implementation Plan), including Local Coastal Program Amendment No.
LC2022-003, will be carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 resolution. 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.
pity of Newport5-54Beach
15-1515
Resolution No. 2023-5
Page 4 of 4
Section 6: Local Coastal Program Amendment No. LC2022-003 is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Class
3 exempts the construction of up to three single-family residences. Local Coastal
Program Amendment No. LC2022-003 would authorize the future development of up to
two additional single-family residences at Bay Island and therefore qualifies within this
exemption.
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of January, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron . Harp
City orney
Attachments: Exhibit A - Bay Island Map
Exhibit B - Local Coastal Program Amendment No
Amending Title 21 of the NBMC
Exhibit C - Local Coastal Program Amendment No
Amending the Coastal Land Use Plan
1104116 ► 411161
LC2022-003
Citv of Newport bt:�ach 5-55
,5-,6
EXHIBIT "A"
Bay Island Map
Bay Island
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Bay Island NH
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PA2022-087 �F CIS "'-o.�
EXHIBIT A
C Newport Beetch 5-56
15-17
EXHIBIT "B"
Local Coastal Program Amendment No. LC2022-003
Amending Title 21 of the NBMC
RM
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rf" Local Coastal Program Amendment . 'Nq�,
1 No. LC2022-003 a
• Bay Island_--
PA2022-087 EXHIBIT B
City of Newport Beaui 5-57
15-18
i
EXHIBIT "C"
Local Coastal Program Amendment No. LC2022-003
Amending the Coastal Land Use Plan
RM-C
Local Coastal Program Amendment
No. LC2022-003 (CLUP)
Bay Island
PA2022-087 EXHIBIT C
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City of Newport beach 5-58
1549
Attachment C
Ordinance No. 2023-1
City of Newport Bea, ' „5-59
_,
ORDINANCE NO. 2023-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
ZONING CODE AMENDMENT NO. CA2022-005 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-
family building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein
the density of Bay Island was inadvertently decreased to a maximum of 23 residential
dwelling units based on the number of dwellings that existed on Bay Island at that time;
.itv of Nwvport Beach 5-60
15-21
Ordinance No. 2023-1
Page 2 of 5
WHEREAS, on October 25, 2010, the City Council adopted a comprehensive
update to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") which inadvertently set the maximum density of Bay Island to 23 residential
dwelling units;
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No.
UP3618 ("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 —An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land
Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the
Coastal Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the hearing was given in accordance
with California Government Code Section 54950 of seq. ("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 Planning Commission at this hearing;
City of NevvpUl L VIPar-11 5-61
15-22
Ordinance No. 2023-1
Page 3of5
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the 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
hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves Zoning Code Amendment No.
CA2022-005 to correct the development limit specified for Bay Island from 23 dwelling
units to a maximum of 25 dwelling units, as depicted in Exhibit "B" which is attached
hereto and incorporated herein. This approval is contingent upon the certification of
Local Coastal Program Amendment No. LC2022-003 by the California Coastal
Commission.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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.
City of Newport Beach ,5-62
„
Ordinance No. 2023-1
Page 4 of 5
Section 4: The City Council finds Zoning Code Amendment No. CA2022-005
is exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
Zoning Code Amendment No. CA2022-005 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
Section 5: 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.
City of Newport Beach 5.63
15 24
Ordinance No. 2023-1
Page 5 of 5
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. This ordinance shall take effect upon certification of Local Coastal
Program Amendment No. LC2022-003 by California Coastal Commission, 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 24th day of January, 2023, and adopted on the 14th day
of February, 2023, by the following vote, to -wit:
Ulymool
1124 r-Iffid 01
ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARO . HARP, CVFY ATTORNEY
Attachments: Exhibit A - Bay Island Map
Exhibit B - Zoning Code Amendment No. CA2022-005
City of Newport Beach ,,5-64
_,
Exhibit "A"
Bay Island Map
Bay Island
At
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_. Bay Island » _
,1
EXHIBIT A
Citv of Newport Beach ,5-65
,,s
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Exhibit "B"
Zoning Code Amendment No. CA2022-005
7� 4
RM
25 du
Zoning Code Amendment
No. CA2022-005
Bay Island
PA2022-087 EXHIBIT B
ay ui 14ewput L Deach 5-66
15-27
Attachment D
City Council Staff Report with Attachments, dated January 10, 2023
Attached via link due to bulk:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2848933&dbid=0&repo=CNB
&cr=1
City of Newport Beach5-67
=F
Attachment F
Coastal Commission Approval Letter
.:
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
GAVIN NEWSOM, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office P m
300 E. Ocean Blvd., Suite 301
Long Beach, CA 90802
(562)590-5071
August 16, 2024
City of Newport Beach City Council
Newport Beach Civic Center
100 Civic Center Drive
Newport Beach, CA 92660
Re: City of Newport Beach Local Coastal Program (LCP) Amendment Request
No. LCP-5-NPB-23-0019-1, Parts A, B, and C
Dear Councilpersons:
You are hereby notified that, at its July 10-12, 2024 meeting in San Rafael, the Coastal
Commission approved with suggested modifications Part A of the City's IP Amendment
Request No. LCP-5-NPB-23-0019-1. Part A of the subject amendment was submitted
pursuant to City Council Resolution No. 2023-8 and updates development standards for
junior accessory dwelling units and accessory dwelling units in the certified
Implementation Plan (IP).
Pursuant to the Commission's action on July 11, 2024, certification of Part A of the
subject amendment request is subject to the attached suggested modifications
(Attachment A). Therefore, Part A of IP Amendment No. LCP-5-NPB-23-0019-1 will not
be effective for implementation in the City's coastal zone until: 1) the City Council
adopts the Commission's suggested modifications, 2) the City Council forwards the
adopted suggested modifications to the Commission by resolution, and, 3) the
Executive Director certifies that the City has complied with the Commission's July 11,
2024 action. The Coastal Act requires that the City's adoption of the suggested
modifications be completed within six months of the Commission's action (i.e. by
January 11, 2025).
At its July 10-12, 2024 and August 7-9, 2024 hearing, the Commission also approved as
submitted Parts B and C of LCP Amendment Request No. LCP-5-NPB-23-0019-1.
Therefore, Parts B and C of the subject amendment request will be fully effective upon
filing the notice of the Commission's certification with the Secretary of the Resources
Agency (as provided by Public Resources Code Section 21080.5(d)(2)(v)).
Thank you for your cooperation and we look forward to working with you and your staff
in the future. Please contact Chloe Seifert at chloe.seifert(�coastal.ca.gov with
questions regarding the modifications required for effective certification of Part A of IP
Amendment No. LCP-5-NPB-23-0019-1.
Sincerely,
Chloe Seifert
Coastal Program Analyst II
5-69
Attachment G
Coastal Commission Staff Report
5-70
STATE 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
VOICE (562) 590-5071
FAX (562) 590-5084
DATE: June 25, 2024
TO: Commissioners and Interested Persons
FROM: Karl Schwing, Deputy Director
Shannon Vaughn, District Manager
Amrita Spencer, District Manager
Chloe Seifert, Coastal Program Analyst
Thl3a
SUBJECT: Major Amendment Request No. LCP-5-NPB-23-0019-1, Parts A and B
(J/ADUs and Bay Island), to the City of Newport Beach LCP for Commission Action at
the July 10-12, 2024 meeting.
SUMMARY OF LCP AMENDMENT REQUEST
The City of Newport Beach requests that the Commission certify an amendment to the
City's certified Local Coastal Program (LCP). LCP Amendment Request No. LCP-5-
NPB-23-0019-1 includes three parts, two of which (Parts A and B) are scheduled for the
current Commission hearing. Part C will be scheduled at a future Commission hearing.
Part A of LCP Amendment Request No. LCP-5-NPB-23-0019-1 would amend solely the
certified Implementation Plan (IP) to update development standards for junior accessory
dwelling units and accessory dwelling units (J/ADUs). Part A is intended to achieve
consistency with new state housing law. The proposed revisions include excluding
J/ADUs from certain development standards, such as setback and nonconformity
correction requirements. The proposed revisions would also add incentives for ADU
construction, such as increasing allowable heights and excluding certain J/ADUs from
maximum floor area requirements.
The Commission's standard of review for Part A of the subject LCP amendment is
whether the IP as proposed for revision would remain consistent with, and adequate to
carry out the provisions of, the certified Land Use Plan (LUP). Commission staff
identified three suggested modifications to update outdated government code
references, define undefined terms, and ensure consistency with the certified LUP.
These modifications are necessary for Part A of the subject amendment request to
conform with the standard of review.
Part B of the subject amendment request would amend the certified IP and LUP to
revise the zoning for Bay Island, a private island community located in Newport Harbor.
5- 71
City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
Bay Island consists of a single, 5.5-acre parcel developed with two main rows of single-
family residences occupied by stockholders of the island. Due to the presence of
multiple units on a single parcel, the buildable sites on Bay Island are zoned "RM (23
DU)" and designated "RM-C (10.0 - 19.9 DU/AC), Multiple Unit Residential" in the
certified IP and LUP, respectively. The perimeter of Bay Island is zoned "OS" and
designated "OS, Open Space" in the certified IP and LUP, respectively.
In 1997, prior to certification of the City's LCP, the City Council approved a development
plan outlining the location and footprint of 25 buildable sites on Bay Island. The certified
IP currently allows a maximum density of 23 units on Bay Island, rather than the 25
units originally intended. Both the IP and LUP reflect buildable site locations that differ
from the 1997 plan. Part B of the subject amendment request would revise the certified
IP and LUP to correct these errors. No decrease in net Open Space is proposed. With
the exception of golf carts, there is no vehicular access on the island. Residents of the
island and their guests park vehicles in an offsite parking garage located within a
roughly five-minute walk of the bridge leading to the island. Following discussion with
Commission staff, the City provided an analysis demonstrating that the existing offsite
parking garage has the capacity to adequately satisfy any increase in parking demand
generated by the increase in allowable unit density on Bay Island.
Bay Island has a moderate likelihood of flooding within the next 75 years. But the island
is almost completely built -out and ringed by existing bulkheads on all sides, except the
beach on the east side of the Island. Because the island is technically a single parcel
owned by a single entity, the proposed two -unit increase is more accurately described
as an increase in occupancy within the existing footprint of development on the island.
Additionally, the certified IP requires the City to make findings that new development
and/or substantial redevelopment would not rely on new armoring structures in order to
approve a CDP. The certified IP also requires a local determination of whether the
development has been sited and designed to minimize, and where feasible, avoid
shoreline hazards. Thus, Part B of the proposed LCP amendment is unlikely to increase
risks to life and property or increase reliance on shoreline protection.
Part A of the subject request was approved by the City via Ordinance No. 2023-2
(Exhibit 1) and submitted for Commission certification by City Council Resolution No.
2023-8 on April 13, 2023 (Exhibit 2). Part B of the subject request was approved by the
City via Ordinance No. 2023-1 (Exhibit 3) and submitted for Commission certification by
City Council Resolution No. 2023-4 on April 13, 2023 (Exhibit 4).
With regard to Part A (J/ADUs), staff recommends that the Commission, after public
hearing, certify the change with suggested modifications. With regard to Part B
(Bay Island), staff recommends that the Commission, after public hearing, certify the
change as submitted.
Further information on the City of Newport Beach's LCP Amendment Request No. LCP-
5-NPB-23-0019-1 Parts A and B may be obtained from Chloe Seifert, Coastal Program
K
5- 72
City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
Analyst, at (562) 590-5071. If you wish to comment on the proposed amendment,
please contact either chloe.seifert(a-)_coastal.ca.gov via email or the South Coast District
Office via hard -copy mail by 5pm on Friday, July 5, 2024.
9
5-73
City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
TABLE OF CONTENTS
I. PROCEDURAL REQUIREMENTS.......................................................... 5
A. STANDARD OF REVIEW.......................................................................................5
B. PUBLIC PARTICIPATION.......................................................................................
5
C. PROCEDURAL REQUIREMENTS..........................................................................
7
D. DEADLINE FOR COMMISSION ACTION...............................................................
7
II. MOTIONS AND RESOLUTIONS............................................................8
A. DENY IP AMENDMENT PART A AS SUBMITTED ..................................................
8
B. APPROVE IP AMENDMENT PART A WITH SUGGESTED MODIFICATIONS .......
8
C. APPROVE LUP AMENDMENT PART B AS SUBMITTED .......................................
9
D. APPROVE IP AMENDMENT PART B AS SUBMITTED ..........................................
9
III. SUGGESTED MODIFICATIONS.........................................................10
IV. FINDINGS...........................................................................................11
A. AMENDMENT DESCRIPTION..............................................................................
12
B. CONSISTENCY ANALYSIS (PART A—J/ADUs)...................................................
17
C. CONSISTENCYANALYSIS (PART B—BAY ISLAND) ..........................................
21
D. CALIFORNIA ENVIRONMENTAL QUALITY ACT .................................................
27
APPENDIX A -SUGGESTED MODIFICATIONS IN TEXT (PART A)......29
Exhibits
Exhibit 1 - Ordinance No. 2023-2
Exhibit 2 - Resolution No. 2023-8
Exhibit 3 - Ordinance No. 2023-1
Exhibit 4 - Resolution No. 2023-4
Exhibit 5 — Bay Island Map
Exhibit 6 — CoSMoS and FEMA Maps
Ill
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
I. PROCEDURAL REQUIREMENTS
A. STANDARD OF REVIEW
Pursuant to Coastal Act sections 30513 and 30514(b), the standard of review for
amendments to the certified IP is the certified LUP. More specifically, the certified IP as
amended must conform with, and be adequate to carry out, the provisions of the
certified LUP for the IP amendment to be approvable. Pursuant to Coastal Act sections
30512 and 30514(b), the standard of review for amendments to the certified LUP are
the Chapter 3 policies of the Coastal Act. Thus, Parts A (J/ADUs) and B (Bay Island) of
the subject LCP amendment request seek to amend the IP and must be reviewed for
conformance and consistency with provisions of the certified LUP. Part B (Bay Island)
additionally seeks to amend the LUP and must be reviewed for consistency with the
Coastal Act as well.
B. PUBLIC PARTICIPATION
Section 30503 of the Coastal Act states:
During the preparation, approval, certification, and amendment of any local
coastal program, the public, as well as all affected government agencies,
including special districts, shall be provided maximum opportunities to
participate. Prior to submission of a local coastal program for approval, local
governments shall hold a public hearing or hearings on that portion of the
program which has not yet been subjected to public hearing within four years of
such submission.
Coastal Act Section 30503 thus requires local governments to provide adequate
opportunities for public participation during the LCP amendment process. The City of
Newport Beach held the following public hearings on Parts A and B of the subject
amendment request.
Part A (J/ADUs)
On September 9, 2021, the City Planning Commission held a public hearing to form a
committee to evaluate potential IP revisions regarding ADU development standards,
which are now included in Part A of the subject amendment request. On July 7, 2022,
and January 5, 2023, the City Planning Commission held public hearings for
presentation of the committee's findings. At the July 7, 2022 hearing, a member of the
public, Jim Mosher expressed safety concerns with allowing subterranean ADU
construction. This is in reference to the currently proposed IP revision to exclude ADUs
and JADUs located in below -grade basements from gross floor area limits. At the
January 5, 2023 hearing, Mr. Mosher also expressed concerns with the potential view
impacts of increasing maximum ADU heights from 16 ft. to 20 ft. No other public
comment was received for these hearings.
5
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
On January 24, 2023, and February 14, 2023, the City Council held public hearings on
the aforementioned revisions, which included the Ad -Hoc Committee's
recommendations. At the January 24, 2023 hearing, Mr. Mosher re -stated concerns
over potential view impacts associated with a maximum 20-ft. height for ADUs. The City
Council discussed this comment and ultimately advised that the maximum height limit
be decreased from 20 ft. to 18 ft. in subsequent resolutions. At the February 14, 2023
hearing, Mr. Mosher submitted a written comment disagreeing with the proposal due to
phrasing discrepancies between state law and the proposed IP revision language. No
other public comment was received for these hearings. Part A of the subject request
was approved by the City via Ordinance No. 2023-2 (Exhibit 1) and submitted for
Commission certification by City Council Resolution No. 2023-8 on April 13, 2023
(Exhibit 2).
Part B (Bay Island)
On September 8, 2022, the City Planning Commission held a public hearing to consider
a request to increase the maximum unit density of Bay Island, which is now included in
Part B of the subject amendment request. A representative of Bay Island's property -
owner, Coralee Newman, commented in agreement with the Planning Commission's
approval recommendation. Jim Mosher voiced concern over whether the island offered
adequate parking for residents and questioned the current number of dwelling units.
City Planning Department staff addressed the questions, in part, by stating that an
increase in dwelling units would require a coastal development permit (CDP) with
analysis of parking adequacy.
On January 10, January 24, and February 14, 2023, the City Council held public
hearings on the aforementioned request. At the January 10, 2023 hearing, Coralee
Newman commented in agreement with the City Council's approval recommendation.
Jim Mosher commented that archive records did not substantiate the City's statement
that Bay Island was originally intended to include up to 25 units. At the January 24,
2023 hearing, Coralee Newman and Jim Mosher re -stated their prior comments. Written
correspondence was also received from James McKellar voicing concern over parking
impacts stemming from an allowable increase in units on Bay Island. No other public
comment was received for these hearings. Part B of the subject request was approved
by the City via Ordinance No. 2023-1 (Exhibit 3) and submitted for Commission
certification by City Council Resolution No. 2023-4 on April 13, 2023 (Exhibit 4).
In summary, the City complied with Coastal Act Section 30503 through provision of
multiple public hearings and assessment of the comments received. Notice of the
Coastal Commission hearing held for the subject amendment request has been
distributed to all known interested parties. The public comments summarized above are
addressed in the "Consistency Analysis" subsections for Parts A and B below.
1.1
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
C. PROCEDURAL REQUIREMENTS
If the Commission certifies the LCP amendment as submitted, no further City Council
action will be necessary, and the amendment takes effect. Should the Commission deny
the LCP Amendment, as submitted, without suggested modifications, no further action
is required by either the Commission or the City, and the LCP amendment is not
effective, pursuant to Section 13542(f). Should the Commission deny the LCP
Amendment, as submitted, but then approve it with suggested modifications, then the
City Council may consider accepting the suggested modifications and submitting them
by resolution to the Executive Director for a determination that the City's acceptance is
consistent with the Commission's action.' In that scenario, pursuant to Section 13544(c)
of Title 14 of the California Code of Regulations (CCR), the modified LCP Amendment
will become final at a subsequent Commission meeting if the Executive Director reports
a Determination that the City's action in accepting suggested modifications approved by
the Commission for the LCP Amendment is legally adequate. If the City does not accept
the suggested modifications within six months of the Commission's action, then the LCP
amendment remains uncertified and not effective within the coastal zone.'
D. DEADLINE FOR COMMISSION ACTION
On April 13, 2023, the City submitted LCP Amendment Request No. LCP-5-NPB-23-
0019-1 (Parts A, B, and C). On April 27, 2023, the Executive Director found the
proposed LCP amendment to be in proper order and legally adequate to comply with
the submittal requirements of Coastal Act Section 30510 and CCR Section 13553. An
LCP amendment to an LUP and the implementing actions must be scheduled for a
public hearing and the Commission must act within 90 days of a complete submittal
pursuant to Coastal Act Section 30512 and California Code of Regulations (CCR)
Section 13522. In this case, the 90t" day for all three parts of the amendment was
September 5, 2023, until the Commission extended the deadline by one year to allow
further review of the LCP amendment, as permitted by Coastal Act Section 30517 and
CCR Section 13535(c). This extended the deadline to September 4, 2024, meaning the
latest feasible hearing for the subject amendment request is the August 7-9, 2024
hearing. Parts A and B of the subject amendment request are scheduled for the current
Commission hearing, while Part C will be scheduled at a future hearing.
The City's submittal resolution indicates that the ordinance will only become final after effective
certification by the Commission, but pursuant to CCR Section 13544(c)(3), no further formal Commission
action is required if the Executive Director reports having determined the City's action accepting the
Commission's suggested modifications and the City's notification procedures are legally adequate.
2 See 14 CCR § 13537(b) and 13542(b).
7
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
II. MOTIONS AND RESOLUTIONS
Following a public hearing, staff recommends the Commission adopt the following
resolutions and findings.
A. DENY IP AMENDMENT PART A AS SUBMITTED
Motion I: 1 move that the Commission reject Implementation Plan Amendment No.
LCP 5-NPB-23-0019-1, Part A as submitted by the City of Newport Beach.
Staff recommends a YES vote. Passage of this motion will result in rejection of
Implementation Program and the adoption of the following resolution and findings. The
motion passes only by an affirmative vote of a majority of the Commissioners present.
Resolution to Deny as Submitted:
The Commission hereby denies certification of Implementation Plan Amendment No.
LCP-5-NPB-23-0019-1, Part A as submitted by the City of Newport Beach and adopts
the findings set forth below on the grounds that the amendment does not conform with,
and is not adequate to carry out, the provisions of the certified Land Use Plan.
Certification of the amendment to the Implementation Plan would not meet the
requirements of the California Environmental Quality Act, as there are feasible
alternatives and mitigation measures that would substantially lessen the significant
adverse impacts on the environment that will result from certification of the amendment
to the Implementation Program as submitted.
B. APPROVE IP AMENDMENT PART A WITH SUGGESTED MODIFICATIONS
Motion II: 1 move that the Commission certify Implementation Plan Amendment No.
LCP-5-NPB-23-0019-1, Part A if modified as suggested in this staff report.
Staff recommends a YES vote. Passage of this motion will result in the certification of
the IP Amendment with suggested modifications and adoption of the following resolution
and findings. The motion to certify with suggested modifications passes only upon an
affirmative vote of the majority of the Commissioners present.
Resolution to Certify if Modified:
The Commission hereby certifies Amendment No. LCP-5-NPB-20-0019-1, Part A to the
Implementation Plan for the City of Newport Beach certified LCP if modified as
suggested and adopts the findings set forth below on grounds that the Amendment to
the Implementation Plan with the suggested modifications will be in conformance with
and adequate to carry out the provisions of the certified Land Use Plan. Certification of
the Amendment to the Implementation Program if modified as suggested complies with
the California Environmental Quality Act, because either 1) feasible mitigation measures
rn
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
and/or alternatives have been incorporated to substantially lessen any significant
adverse effects of the Implementation Plan on the environment, or 2) there are no
further feasible alternatives and mitigation measures that would substantially lessen any
significant adverse impacts on the environment.
C. APPROVE LUP AMENDMENT PART B AS SUBMITTED
Motion III: I move that the Commission certify Part B of Land Use Plan Amendment
No. 5-NPB-23-0019-1 as submitted by the City of Newport Beach.
Staff recommends a YES vote. Passage of this motion will result in adoption of the
amendment as submitted and adoption of the following resolution and findings. The
motion passes only by an affirmative vote of a majority of the appointed Commissioners.
Resolution to Certify as Submitted:
The Commission hereby certifies Part B of Land Use Plan Amendment No. LCP-5-NPB-
23-0019-1 as submitted and adopts the findings set forth below on grounds that the
amendment to the Land Use Plan conforms with the policies of Chapter 3 of the Coastal
Act. Certification of the Land Use Plan amendment as submitted complies with the
California Environmental Quality Act because either 1) feasible mitigation measures
and/or alternatives have been incorporated to substantially lessen any significant
adverse effects of the LUP on the environment, or 2) there are no feasible alternatives
or mitigation measures which could substantially lessen any significant adverse impact
which the Land Use Plan Amendment may have on the environment.
D. APPROVE IP AMENDMENT PART B AS SUBMITTED
Motion IV: I move that the Commission reject Implementation Plan Amendment LCP
5-NPB-23-0019-1, Part B for the City of Newport Beach as submitted.
Staff recommends a NO vote. Failure of this motion will result in certification of the
Implementation Program as submitted and the adoption of the following resolution and
findings. The motion passes only by an affirmative vote of a majority of the
Commissioners present.
Resolution to Approve As Submitted:
The Commission hereby certifies Part B of Implementation Plan Amendment No. LCP-
5-NPB-23-0019-1 as submitted and adopts the findings set forth below on grounds that
the amendment to the Implementation Plan as submitted will be in conformance with,
and adequate to carry out, the provisions of the certified Land Use Plan. Certification of
the amendment to the Implementation Plan if modified as suggested complies with the
California Environmental Quality Act, because either 1) feasible mitigation measures
and/or alternatives have been incorporated to substantially lessen any significant
9
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
adverse effects of the Implementation Plan on the environment, or 2) there are no
further feasible alternatives and mitigation measures that would substantially lessen any
significant adverse impacts on the environment.
III. SUGGESTED MODIFICATIONS
Certification of IP Amendment No. LCP-5-NPB-23-0019-1, Part A, related to the
standards for J/ADUs, is subject to the following modifications:
The City's proposed new text is shown in underlined text.
The City's proposed deleted text is shown in�le striket"Trnvugh.
The Commission's proposed new text is shown in bold underline.
The Commission's proposed deleted text is shown in hold strike through
The below suggested modifications, prepared in collaboration with City of Newport
Beach staff, are necessary to carry out the provisions of the certified LUP. For clarity,
the City's proposed amendment adds a new subsection 21.48.200.F, which alters the
numbering of subsequent subsections subject to this amendment. The below
modifications refer to the new numbering.
Suggested Modification 1: Correct an outdated reference to CGC sections re-
numbered under Senate Bill 477.
21.48.200.A. Purpose.
The purpose of this section is to establish the procedures for the creation of
accessory dwelling units and junior accessory dwelling units, as defined in Part 7
(Definitions) of this title and in California Government Code Sections 65852..2
and 65852." 66310 through 66342, or any successor statute, in areas
designated for residential use, including as part of a planned community
development plan or specific plan, and to provide development standards to
ensure the orderly development of these units in appropriate areas of the City.
Suggested Modification 2: Require J/ADU consistency with coastal resource
protection policies of the certified LCP.
21.48.200.B Effect of Conforming.
...4. Required to a correct legally established nonconforming zoning conditionLss ,_
building code violation(s), and/or unpermitted structure(s) that do/does not
present a threat to public health and safety and is/are not affected by the
construction of the accessory dwelling unit or junior accessory dwelling unit; and
do/does not raise inconsistency with the coastal resource protection
policies of 21.48.200(C)(3). This does not prevent the City from enforcing
10
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
compliance with applicable building standards in accordance with California
Health and Safety Code Section 17980.12.
21.48.200.0 Review Authority.
...3. The dwelling conforms to the coastal resource protection development
regulations of the Implementation Plan and Coastal Land Use Plan
provisions, including Implementation Plan Section 21.28.040 (Bluff (B)
Overlay District), Section 21.28.050 (Canyon (C) Overlay District), Section
21.30.100 (Scenic and Visual Quality Protection), or Chapter 21.3013 (Habitat
Protection); and
21.48.200.G. Development Standards.
Except as modified by this subsection, an accessory dwelling unit and/or junior
accessory dwelling unit shall conform to all requirements of the underlying
residential zoning district, any applicable overlay district, and all other applicable
provisions of Tile 20 (PI . - ,.,,1 Zoning) an Title 21 (Local Coastal
Program Implementation Plan), including but not limited to height, setback, site
coverage, floor area limit, and residential development standards and design
criteria....
Suggested Modification 3: Define undefined terms by adding relevant references and
broadening existing references to certified IP provisions.
21.48.200.G. Development Standards.
...9. Waterfront Development and Flood Hazard Areas.
...b. Any development in shoreline hazardous areas shall comply with
Section 21.30.015(E)M.
21.48.200.J. Deed Restriction and Recordation Required.
...2. For properties in flood hazard areas as identified by the Federal
Emergency Management Agency in the Flood Insurance Study for Orange
County, California and Incorporated Area with accompanying FEMA Flood
Insurance Rate Maps, deed restriction shall also include notice to future owners
that the unit is located within an area that may be subject to flooding or future
flooding.
IV. FINDINGS
The Commission hereby finds and declares:
11
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
A. AMENDMENT DESCRIPTION
The City of Newport Beach requests that the Commission certify LCP Amendment
Request No. LCP-5-NPB-23-0019-1, which includes three parts. Parts A (J/ADUs) and
B (Bay Island) of the subject amendment request are outlined below. Part C (Sancho's
Tacos) will be scheduled for a future Commission hearing.
Part A
Part A of the subject request was outlined by the City via Ordinance No. 2023-2
(Exhibit 1) and submitted for Commission certification by City Council Resolution No.
2023-8 on April 13, 2023 (Exhibit 2). Part A of the subject amendment request would
amend IP Section 21.48.200, "Accessory Dwelling Units" for consistency with current
state law, which has undergone several legislative changes in the last two years.
On September 28, 2022, Assembly Bill No. 2221 and Senate Bill No. 897 were formally
approved by Governor Newsom. In relevant part, these actions revised California
Government Code (CGC) sections to narrow the grounds on which local governments
may deny ADUs and JADUs. Some previous grounds for denial that are now prohibited
under these bills include subjective development standards (like architectural styles);
insufficient front -yard setbacks; nonconforming conditions in the primary residence; and
an absence of fire sprinklers in the associated primary residence. State law was also
revised to increase the maximum allowable ADU/JADU height from 16 ft. to 25 ft. in
certain circumstances. On March 24, 2024, the governor approved Senate Bill 477 re-
chaptering most statues relating to J/ADUs. The provisions of CGC sections 65852.2
and 65852.22—as well as additional J/ADU development standards —are now located
in CGC sections 66310 through 66342.3
As a result of these changes, the City can no longer legally implement many of the
J/ADU development standards of IP Section 21.48.200. Thus, Part A of the subject
amendment request is intended to bring the certified IP into compliance with state law.
The proposed changes include the insertion of a new Subsection F in IP Section
21.48.200, which results in re -numbering of the existing subsections F through J. For
example, Subsection F, "Development Standards" of the current certified IP would
become Subsection G. There would be no change in numbering for Subsections A
through E. The findings of this report (including the suggested modifications) refer to the
City's proposed, re -numbered subsections of IP Section 21.48.200, not the former
numbering.
The City requests the following primary revisions to IP Section 21.48.200:
3 CGC sections 66310 — 66342.
iP)
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
1) Add language prohibiting the City from requiring correction of nonconforming
conditions, unpermitted structures, or an absence of fire sprinklers in the primary
residence prior to J/ADU in Subsection (B)(4) and (G)(6) (formerly (F)(6));
2) Add language prohibiting the City from requiring reduction of an ADU's size to less
than 800 sq. ft. on the basis of front yard setbacks in Subsection (G)(4);
3) Revise language to increase the maximum allowable number of detached ADUs
constructed on a lot with a multi -family residence from one to two in Subsection
(E);
4) Revise language to increase the maximum allowable height for any ADU located
within a half -mile of any major transit stop or high -quality transit corridor from 16 ft.
to 18 ft., with an additional two feet allowed for certain roof structures, in
Subsection (G)(3);
5) Eliminate language that requires J/ADUs to reflect architectural styles similar to
the primary residence in Subsection (G); and
6) Eliminate language that requires the property -owner to use either the primary
residence or the ADU/JADU as their "legal domicile" in Subsection (1).
Part A of the subject amendment request also includes new J/ADU incentives not
otherwise required by state law. The incentives are intended to help the City comply
with the requirements of HCD related to the minimum number of units that the City is
required to construct. HCD is responsible for outlining and enforcing the amount of
housing needed for California region by region. It accomplishes this by evaluating
demographic trends, surveying the current stock of housing availability within the state,
and working with stakeholders to issue a Regional Housing Needs Assessment
(RHNA). The RHNA is the minimum number of units the state must plan to provide
within a set timeframe. The City of Newport Beach has been allocated a minimum
number of 4,845 units.
On March 9, 2021, the City Council added Policy K-4, "Reducing the Barriers of the
Creation of Housing", to the uncertified Council Policy Manual with the intent of
facilitating an increase in housing. Policy K-4 describes the required 4,845 units as "an
immensely difficult -to -attain Sixth Cycle RHNA Allocation" based on "several major
constraints on existing lands that severely limit or totally restrict the City's ability to
accommodate growth to the extent identified". The policy indicates that HCD allows
ADUs to satisfy a portion of the RHNA allocation and thus encourages ADUs incentives
as a part of the City's broader Housing Element. On September 9, 2021, the Planning
Commission formed an Ad -Hoc Committee to evaluate potential IP amendments to
incentivize ADU development within the City. The Ad -Hoc Committee recommended the
following revisions to IP Section 21.48.200, which are included in the current
amendment request:
13
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
1) Eliminate language that limited the maximum size of attached ADUs on lots with
existing single-family residences to no more than 50% of the primary residence's
floor area in Subsection (G)(4)(b); and
2) Add language excluding internal ADUs constructed within subterranean
basements from the maximum floor area of the primary residence in Subsection
(G)(5).
The Commission's standard of review for Part A of the subject LCP amendment is
whether the proposed IP revisions are consistent with, and adequate to carry out the
provisions of, the certified LUP. Commission staff identified three suggested
modifications necessary for Part A of the subject amendment request to conform with
the certified LUP. Commission staff identified three suggested modifications to update
outdated government code references, define undefined terms, and require consistency
with the certified LCP. These are discussed in greater detail in Subsection IV. B. of this
report.
Part B
Part B of the subject request was outlined by the City via Ordinance No. 2023-1
(Exhibit 3) and submitted for Commission certification by City Council Resolution No.
2023-4 on April 13, 2023. Part B of the subject amendment request would amend both
the IP and LUP to allow an increase in unit density on Bay Island and correct a prior
error in map interpretation.
Bay Island is a single, 5.5-acre legal lot located in Newport Harbor (Exhibit 5). The
island is privately owned and divided into 25 buildable sites without the use of formal lot
lines (i.e., the island is technically comprised of a single parcel formally under one
ownership) as denoted in the planned community map shown in Figure 1 below. Each
buildable site may be purchased by potential residents via stock shares, otherwise
known as a stock cooperative. The sole method of ingress/egress is a gated bridge
accessible on -foot or via golf cart. Residents may park their vehicles at a 49-space
offsite parking lot located at 501 West Bay Avenue, within a roughly five-minute walk
from the island's bridge entrance. Each resident is assigned two parking spaces and the
island caretaker is assigned one parking space, although the position is not currently
filled.
Bay Island is currently developed with 23 single-family residences and a building that
formerly served as a caretaker's residence. The caretaker's residence is no longer
occupied and currently functions as a meeting space for island residents. (For clarity,
staff will continue to refer to this building as the caretaker's residence despite its
intermittent use.) The perimeter and middle of Bay Island —including the caretaker's
residence —is zoned "OS" and designated "OS, Open Space" in the certified IP and
LUP, respectively. Under certified IP Section 21.26.020, Open Space may be developed
with incidental buildings (such as maintenance equipment and storage structures) or
used as landscaping buffers. As such, the caretaker's residence is a legally
M
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
nonconforming use developed in the early 1900's (prior to adoption of Proposition 20
and certification of the Coastal Act).
If occupied as a unit, the caretaker's residence would also exceed the density limitations
of the certified IP. Due to the single parcel composition of the island, the buildable sites
on Bay Island are zoned "RM (23 DU)" and designated "RM-C (10.0 - 19.9 DU/AC),
Multiple Unit Residential" in the certified IP and LUP, respectively. The LUP allows a
range of 10 to 19.9 dwelling units per net acre for the subject land use designation. The
certified LUP would technically allow up to 109 units on the 5.5-acre island, but the
certified IP places a 23-unit cap.
In November 1997, the City Council modified the uncertified Zoning Code to permit local
approval of a planned community on Bay Island. The City's action was intended to
facilitate an increase in unit density on an already -developed island; records show that
Bay Island was already developed with at least one residence in 1930.1. Figure 1 below
shows the locally -approved planned community map with staff annotations. The map
misleadingly numbers 26 polygons, but only shows 25 buildable sites. This is due to two
confusing map elements: A) the numbering of non -buildable sites 23 and 24, which do
not show developable outlines despite their enumeration, and B) the failure to number
the caretaker's residence located between sites 14 and 7. Regardless, the City's action
in 1997 approved a planned community map for up to 25 units.
`m BAY ND
GNO A PORTION W SEC !I, 1 SS. RIOW
_ B.B.B.M.
~A�-.PORT BEACH, CA
ED !N NEWPORT "AIM
Lio 4t is �151 U.-
- °-------
r - : `24\ Ca, retake�9�
e n ce
So C�
G°relaka, s -, 1
4 Faeitlance
Tennis Court 2'' °
22
`-----'- s === _ -
l --, - - - - ---- -
i j12
4 �
Figure 1. The planned community map approved by the City Council in 1997,
annotated with buildable site numbers and the unnumbered caretaker's residence.
4 The record shows at least one residence was constructed on Bay Island in 1930 pursuant to the
Commission's findings on Appeal No. A-5-NPB-22-0052.
15
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
The Commission approved coastal development permits (CDPs) for the development of
new residences on Bay Island in the following decades until the city's LCP certification
in 2017, after which the City issued CDPs. Buildable sites 25 and 26 are currently
developed with one single-family residence and its associated swimming pool. The
subject resident thus has four assigned parking spaces in the offsite parking lot and
must pay stockholder fees for two buildable sites. Sites 23 and 24 are landscaped and
undeveloped (Exhibit 5).
In July 2006, the City Council updated the uncertified General Plan and limited Bay
Island to a maximum of 23 units. This was an error on the City's part, as they failed to
recognize the caretaker's residence as a unit (since it was unoccupied in 2006) and
assumed that the residence spanning Sites 25 and 26 constituted one allowable unit,
instead of two. The erroneous 23-unit limit was ultimately included in the certified IP and
LUP per Figure 2 below.
Caretaker's
Residence
Two Buildable Sites
Shown As One
OS Lots
-- Shown as RM
Figures 2 and 3. Annotated excerpts of the current LUP/IP map (above) and proposed
amended LUP/IP map (below).
Caretaker's
Residence
7 7, Two Buildable Sites
OS Lots
1�
16
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City of Newport Beach
LCP Amendment Request No. LCP-5-NPB-23-0019-1
Parts A and B
The current property -owner, Bay Island Club, Inc., now wishes to correct the
discrepancies and has asked the City to update the certified IP and LUP maps per
Figure 3 above. Specifically, they wish to designate sites 23 and 24 as Open Space;
demarcate sites 25 and 26 as two separate, buildable units; and designate the
caretaker's residence as another buildable site. The revisions would effectively allow a
two -unit increase on Bay Island to align the LCP with the planned community map
approved by the City in 1997.
Demolition of the existing residence spanning sites 25 and 26 for construction of two
new units (one on each site) would require a CDP issued by the City Planning
Department. However, the City cannot approve any increase in unit density on Bay
Island under the current zoning and land use designation of the certified LCP. Part B of
the subject amendment request would thus modify certified IP Section 21.14.010,
"Coastal Zoning Map" and certified LUP "Coastal Land Use Plan Map 1" as follows (and
shown in Figure 2 above):
1) Sites 23 and 24 of the 1997 map would be re -zoned from "RM (23 DU)" to "OS" in
the certified IP and re -designated from "RM-C (10.0 - 19.9 DU/AC), Multiple Unit
Residential" to "OS, Open Space" in the certified LUP;
2) The unnumbered caretaker's residence of the 1997 map would be re -zoned from
"OS" to "RM (25 DU)" in the certified IP and re -designated from "OS, Open Space" to
"RM-C (10.0 - 19.9 DU/AC), Multiple Unit Residential" in the certified LUP; and
3) The maximum number of dwelling units permitted on Bay island would increase from
23 to 25 units, accompanied by a new line splitting one buildable site into two sites.
The former caretaker's residence would be counted toward the maximum number of
dwelling units only if occupied for residential use (which it currently is not). The existing
single-family residence spanning two buildable sites may either be A) developed with an
additional unit to form a duplex, or B) demolished to allow for two new single-family
residences within the two buildable sites. No net reduction to the island's existing Open
Space areas would result from the proposed revisions.
B. CONSISTENCY ANALYSIS (PART A—J/ADUs)
The certified LUP includes the following relevant policies:
2.7-1 Continue to maintain appropriate setbacks and density, floor area, and
height limits for residential development to protect the character of
established neighborhoods and to protect coastal access and coastal
resources.
2.7.5 Administer the provisions of Government Code Section 65852. 2 relative
to the development of accessory dwelling units to increase the supply of
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lower cost housing in the coastal zone and meet the needs of existing and
future residents, while respecting the architectural character of existing
neighborhoods and in a manner consistent with the LCP and any
applicable policies from Chapter 3 of the Coastal Act.
2.8.1-2 Design and site new development to avoid hazardous areas and minimize
risks to life and property from coastal and other hazards.
2.8.6-10 Site and design new structures to avoid the need for shoreline and bluff
protective devices during the economic life of the structure (75 years).
4.4.2-3 Implement the regulation of the building envelope to preserve public views
through the height, setback, floor area, lot coverage, and building bulk
regulation of the Zoning Code in effect as of October 13, 2005 that limit
the building profile and maximize public view opportunities.
As described in the "Standard of Review" subsection above, the revisions proposed
under Part A of the subject LCP amendment request must conform with, and be
adequate to carry out the provisions of, the certified LUP for approval. The certified LUP
describes the City's limited opportunities for housing growth as a major concern. LUP
Chapter 2.7 describes the Newport Beach coastal zone as "almost completely built out"
and facing rising land costs associated with the community's desirability. High land
costs may contribute to the LUP's described "trends towards larger dwelling units" in the
Newport Beach coastal zone. The ultimate result is large single-family residences
constructed on lots able to accommodate multiple smaller dwelling units. Those who are
employed in the city often cannot afford to live there and must commute long distances
to their workplaces.
Certified LUP Policy 2.7-5 addresses the issue of constrained housing growth, in part,
by encouraging the development of J/ADUs in adherence with Government Code
Section 65852.2. Part A of the subject amendment request is intended to update J/ADU
regulations of the certified IP for consistency with current state law. As described in the
"Amendment Description" subsection above, Senate Bill 477 re -numbered most statues
pertaining to J/ADUs. This occurred after the City's submittal of the subject LCP
amendment request. Suggested Modification 1 is therefore necessary to replace the
outdated reference to CGC sections 65852.2 and 65852.22 with sections 66310 through
66342 in IP Section 21.48.200.A.
Part A of the subject amendment request would eliminate certain requirements that may
lengthen permitting review of ADUs (such as review of the ADU's stylistic conformity
with the primary residence). Other requirements that may discourage property -owners
from pursuing ADUs (such as the need to correct unrelated nonconformities in the
primary residence) would also be eliminated in a manner consistent with LUP Policy
2.7-5. Streamlining the ADU permitting process will encourage unit density increases in
a manner generally consistent with LUP Chapter 2.7. However, increases in unit density
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must be balanced against the protection of coastal resources in order for IP Section
21.48.200 to adequately carry out the provisions of the LUP. LUP Policy 2.7-1 requires
appropriate setbacks, area limits, and height limits to protect public access, public
views, and community character (among other resources).
An example of potential public access impacts would be the construction of a
JADU/ADU within the seaward setback from Ocean Front walk on the Balboa
Peninsula. A lack of adequate setbacks in this area can blur the line between public and
private space, as well as create more conflicts between residents and coastal visitors.
Members of the public may feel uncomfortable walking directly adjacent to residential
windows or entryways. Moreover, residents may need to place construction equipment
in the walkway in order to maintain the ADU with no setback, effectively privatizing the
public walkway temporarily. Setbacks can be necessary to protect public access in
areas adjacent to beaches, parks, and other coastal recreation sites.
An example of potential public view impacts may be the construction of a J/ADU in or
adjacent to a public coastal viewpoint, like along Ocean Boulevard in Corona Del Mar. If
the development would block public blue -water views, construction of a lesser height
may be required. LUP Policy 4.4.2-3 regulation of building envelopes to avoid view
impacts for this reason. IP Section 21.48.200 currently limits detached ADUs to a
maximum 16-ft. height, with an exception allowed for ADUs constructed atop detached
garages that meet the zoning district's minimum setbacks and comply with parking
requirements. ADUs that meet the exception may comply with the height limitations of
the underlying zoning district. This may be a 29-ft. maximum height in Single -Unit
Residential zones and a 33 ft. maximum height in Multi -Unit Residential zones (if the
ADU has a pitched roof).
An example of potential community character impacts may be the construction of an
attached ADU that adds a drastic degree of mass and bulk to an already -large
residence on Lido Isle. Lido Isle is an artificial island in Newport Harbor with public
parks and beaches accessible to the public via a vehicle bridge. The island was one of
the first planned communities in Southern California and has Mediterranean-themed
architecture, as well as several historic residences. The lot sizes and large residence
footprints offer several ways to accommodate J/ADUs in a manner that would not
adversely impact the island's community character.
IP Section 21.48.200.C.3 currently requires J/ADU consistency with a limited number of
IP sections pertaining to bluff and canyon overlays, scenic resource protection, and
habitat protection. The specific sections were added by the Commission pursuant to the
suggested modifications of a prior LCP amendment request.5 This was an
unintentionally narrow scope of policies that should be expanded, as the listed IP
sections fail to address all relevant coastal resources (such as minimization of landform
alteration and hazards.) The listed sections also fail to require consistency with the
5 Amendment Request No. LCP-5-NPB-20-0025-1 (Part C).
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certified LUP. Thus, Suggested Modification 2 revises IP Section 21.48.200.0 to
eliminate the specified list of policies required for J/ADU consistency and instead
reference all relevant certified Implementation Plan and Coastal Land Use Plan
provisions. Similarly, IP Section 21.48.200.G currently requires J/ADU consistency with
Title 20 (the City's uncertified Municipal Code) and the certified IP. Suggested
Modification 2 eliminates the reference to an uncertified title, which is not currently
proposed for incorporation in the certified IP, and adds new language requiring
consistency with the certified LUP.
IP Section 21.48.200.G.9 outlines development standards for J/ADUs located in area
subject to shoreline and flood hazards. Most of the relevant flood hazard development
standards are contained in IP Section 21.30.015.E, which is referenced in the subject
ADU development standards subsection. However, IP Section 21.48.200.G.9 fails to
define what areas constitute "shoreline hazardous areas" where J/ADUs must comply
with the hazard policies of Section 21.30.015.E. Suggested Modification 3 modifies
Section 21.48.200.G.9 to broaden the reference to flood hazard policies and include
both the definition of "shoreline hazardous areas" (Subsection 1 of Section 21.30.015.E)
and the standards applying to these areas (Subsection 2 of Section 21.30.015.E)
IP Section 21.48.200.J. also outlines when deed restrictions are necessary for new
J/ADU development and fails to define "flood hazard areas". Suggested Modification 3
defines this term by adding language referencing the Federal Emergency Management
Agency's (FEMA's) Flood Insurance Rate Maps and Flood Insurance Study for Orange
County. Both components of Suggested Modification 3 are intended to minimize
ambiguity for J/ADU applicants with regard to their potential location in shoreline and
flood hazard areas.
Part A of the subject LCP amendment request would add new language excluding
J/ADUs located in basements from maximum gross floor area limits if the basement
offers certain accessway parameters. In past Commission actions, shoreline basements
and subsurface development have been considered potential, future shoreline
protective devices.6 Erosion from magnified wave action and storms could cause
subterranean levels to daylight and guard the development from coastal erosion at the
expense of natural beach accretion, much like a seawall. Additionally, a daylighting
structure would reflect wave energy in a manner similar to a seawall and impact
surrounding coastal resources, such as the remaining sandy beach or surrounding
developments without shoreline protection. As such, the construction of basements in
areas of Newport Beach vulnerable to erosion and wave action may raise inconsistency
with certified LUP policies 2.8.1-2 and 2.8.6-10 (which require minimization of risk and
reliance on shoreline protection.)
6 A-5-MNB-20-0020 & A-5-MNB-20-0041(Cotsen), 5-19-0955 (Lesman), 5-18-1212 (Lowell/Correll), A 5-
VEN-15-0052, A-5-VEN-15-0053, and A-5-VEN-15-0054 (Bever), and 5-90-789-E27 (PCM, LLC).
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However, certified IP Section 21.30.015.D.3.b, "Development Standards" requires the
elevation of "interior living areas of all new structures" to a certain height above the
baseline flood elevation outlined by FEMA's Flood Insurance Rate Maps. The subject IP
regulation also requires a top of slab elevation of at least nine feet above the National
Vertical Datum of 1988 for all new structures in areas vulnerable to flooding. J/ADUs
constitute interior living areas. Thus, the City must review any new basements or
J/ADUs for consistency with certified IP Section 21.30.015.D.3.b. This will be adequate
to ensure that the City's proposed ADU incentive will not endanger J/ADU tenants or
result in future shoreline protection.
As discussed in the "Public Participation" subsection above, the City received public
comment regarding potential safety concerns with the construction of dwelling units
entirely below grade. The minutes of the subject local hearing do not specify the nature
of the safety concerns. The certified IP already allows the location of habitable floor
area in subterranean basements. Regardless, adequate airflow, evacuation routes, and
methane leak protection are all required by local agencies (including the City of Newport
Beach Fire Division, Building Division, and Community Development Department)
pursuant to the City's uncertified Fire Code and Building Code. Part A of the subject
amendment request would not waive the need for J/ADUs to receive a "plan check"
from local agencies for consistency with these local requirements.
In summary, Part A of the subject amendment request would streamline the J/ADU
permitting process and incentivize unit density increases in Newport Beach. But
Suggested Modifications 1 through 3 are necessary to resolve references to
outdated, uncertified, and undefined language, as well as to ensure consistency with
coastal resource protection policies of the certified LCP. For ease of reading, the
suggested modifications outlined for Part A of the subject amendment request have
been incorporated into Appendix A. Only if approved with modifications can Part A be
found consistent with, and adequate to carry out the provisions of, the certified LUP.
C. CONSISTENCY ANALYSIS (PART B—BAY ISLAND)
Chapter 3 of the Coastal Act includes the following relevant sections:
30210: In carrying out the requirement of Section 4 of Article X of the California
Constitution, maximum access, which shall be conspicuously posted, and
recreational opportunities shall be provided for all the people consistent
with public safety needs and the need to protect public rights, rights of
private property owners, and natural resource areas from overuse.
30235: Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining
walls, and other such construction that alters natural shoreline processes
shall be permitted when required to serve coastal -dependent uses or to
protect existing structures or public beaches in danger from erosion, and
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when designed to eliminate or mitigate adverse impacts on local shoreline
sand supply....
30250: (a) New residential, commercial, or industrial development, except as
otherwise provided in this division, shall be located within, contiguous with,
or in close proximity to, existing developed areas able to accommodate it
or, where such areas are not able to accommodate it, in other areas with
adequate public services and where it will not have significant adverse
effects, either individually or cumulatively, on coastal resources....
30252: The location and amount of new development should maintain and
enhance public access to the coast by ...(4) providing adequate parking
facilities or providing substitute means of serving the development with
public transportation...
30253: New development shall do all of the following:
(a) Minimize risks to life and property in areas of high geologic, flood, and
fire hazard.
(b) Assure stability and structural integrity, and neither create nor
contribute significantly to erosion, geologic instability, or destruction of the
site or surrounding area...
The certified LUP includes the following relevant policies:
2.8.1-2 Design and site new development to avoid hazardous areas and minimize
risks to life and property from coastal and other hazards.
2.8.6-10 Site and design new structures to avoid the need for shoreline and bluff
protective devices during the economic life of the structure (75 years).
2.9.3-2 Continue to require new development to provide off street parking
sufficient to serve the approved use in order to minimize impacts to public
on street and off street parking available for coastal access.
2.9.3-3 Require that all proposed development maintain and enhance public
access to the coast by providing adequate parking pursuant to the off
street parking regulations of the Zoning Code in effect as of October 13,
2005.
As described in the "Standard of Review" subsection above, the LUP as amended must
meet the requirements of and be in conformity with the policies in Chapter 3 of the
Coastal Act. The IP as amended must be consistent with, and adequate to carry out the
provisions of, the certified LUP.
W)
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Public Access
Section 30210 of the Coastal Act requires that new development be designed to avoid
interference with the public's ability to access the coast. Interference may include the
use of public on -street parking to satisfy parking demand for private uses. Sections
30250(a) and 30252 specify design methods to avoid this interference, including siting
new development in already -developed areas and providing adequate facilities to meet
the anticipated parking demand. Additionally, certified LUP policies 2.9.3-2 and 2.9.3-3
require new development to provide adequate off-street parking to avoid impacts to the
public stock of beach parking.
Part B of the subject amendment request would increase the maximum allowable unit
density on Bay Island from 23 to 25 units. Thus, Bay Island must provide adequate off-
street parking for the proposed increase in density to avoid adversely impacting the
public stock of beach parking on the Balboa Peninsula.
For each single-family residence less than 4,000 sq. ft. in size, certified IP Section
21.40.040 requires the provision of at least two off-street parking spaces. For each
single-family residence equaling or exceeding 4,000 sq. ft. in size, Section 21.40.040
requires the provision of at least two off-street parking spaces. Many of the residences
on Bay Island are greater than 4,000 sq. ft. in size. However, when considering parking
requirements for Bay Island, it is important to note that the island is seldom fully -
occupied. A representative of the property -owner confirmed that only five of the 23
existing units are occupied by full-time residents. The other 18 units serve as secondary
residences, or "vacation homes", occupied periodically. The island experiences peak
occupancy during the summer season and select portions of the winter season, when
the City hosts a popular boat parade in Newport Harbor.' During the busy periods,
residents often share parking spaces with each other to accommodate guests. The
applicant submitted photographs showing that the offsite parking lot remains vacant for
most of the year.
Thus, considering the infrequency of full occupancy, the two -spaces -per -unit parking
minimum is appropriate for evaluating potential public access impacts from Bay Island.
The existing 23 units on Bay Island would thus require a minimum of 46 off-street
parking spaces. Occupation of the caretaker's unit and construction of a new unit would
increase the minimum off-street parking requirement to 50 spaces. The island currently
provides 49 off-street parking spaces: a one -space deficit per certified IP requirements.
In response to staff's request for a parking demand management plan, the property -
owner's representative stated that the existing offsite parking garage is not large
enough to accommodate 50 angled parking spaces. Nor could a third -story be added to
the structure without exceeding the 24-ft. height limit of the subject R-1 Zoning District
per certified IP Section 21.30.050.C.2. The representative also stated that leasing one
off-street parking space from another private use in the surrounding Balboa Peninsula
Newport Beach 2023 Boat Parade.
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area will not be feasible. Many of Balboa Peninsula's commercial and residential
buildings were constructed prior to certification of the LCP and are legally
nonconforming with regard to parking requirements. As such, there are few private
businesses on the peninsula able to lease spaces without increasing their own degree
of nonconformity under the certified LCP.
Furthermore, the significance of this one -space parking deficit should be evaluated on a
case -specific basis. For most of the year, the island will have less than 23 units worth of
residents parking in the offsite garage. Golf carts are the sole method of transportation
(other than walking or bicycles) on the island. Many residents drive the golf carts
throughout the Balboa Peninsula vicinity, as many of the roads east of Pacific Coast
Highway have speed limits low enough for golf carts. The inability to park vehicles on
Bay Island and accessibility of golf carts likely incentivizes some part-time residents to
arrive at Bay Island in a single vehicle, rather than two. Even if A) all the residents
occupying Bay Island in the summer season arrive with two vehicles and B) all 25 units
were occupied, the caretaker is assigned a single parking space and cannot arrive with
two vehicles.
In summary, the varying number of residents and vehicles —as well as the inclusion of a
caretaker's residence limited to one parking space —suggest that 49 parking spaces will
be adequate to serve the parking demand generated by 25 units. Part B of the proposed
LCP amendment is unlikely to adversely impact public access and does not raise
inconsistency with Chapter 3 public access policies of the Coastal Act. Part B also
conforms with, and is adequate to carry out the policies of, the certified LUP with regard
to public access.
Coastal Hazards
Section 30253 of the Coastal Act requires that new development minimize risks to life
and property in areas of flood hazard. Coastal Act Section 30235 states, in relevant
part, that bulkheads shall be permitted when required to protect coastal -dependent uses
or existing structures. Certified LUP policies 2.8.1-2 and 2.8.6-10 echo these policies by
requiring new development to be designed and located to avoid hazardous areas, as
well as to minimize the need for shoreline protective structures.
On November 7, 2018, the Commission adopted a science update to its Sea Level Rise
(SLR) Policy Guidance with new interpretive guidelines for consistency with Coastal Act
hazard policies.$ The guidelines advise local governments to "[r]estrict or limit
construction of new development in zones or overlay areas that have been identified or
designated as hazardous areas." Avoiding an overconcentration of development in
8 2018 Update to the Commission's Sea Level Rise Policy Guidance. On June 4, 2024, the Ocean
Protection Council (OPC) adopted its 2024 State SLR Guidance and statewide SLR projection based on
evolving science, including the recently released NOAA SLR projections. Among other details, the new
OPC Guidance changes how the extreme SLR scenario (referred to as the H++ scenario) is discussed.
The Commission continues to rely on the current statewide guidance as it develops a new guidance
update that takes OPC's and newer relevant studies under advisement.
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vulnerable areas improves resilience against coastal hazards, like storm events and sea
level rise. It also reduces the need for shoreline protective devices, which restrict natural
sand supplies and adversely impact beaches.
In this case, Part B of the subject amendment request proposes a two -unit increase on
a low-lying island surrounded almost entirely by bulkheads. The Commission must
therefore consider A) whether Bay Island constitutes a vulnerable area; and, if so, B)
whether the proposed density increase would pose undue risk to new residents and
increase Newport Beach's reliance on shoreline protection devices.
The City did not include a sea level rise vulnerability study in the subject LCP
amendment request, nor in any past LCP amendment request. To analyze the
vulnerability of Bay Island, the 2024 OPC State SLR Guidance recommends evaluating
a range of SLR scenarios projected within the next 75 years (i.e. the assumed
residential development lifespan). For the Corona Del Mar tide station closest to the
subject site, the Intermediate to High Risk Aversion scenarios predict 2.8 to 6.3 ft. of
SLR by 2100. This range can be visualized via Our Coast, Our Future's Coastal Storm
Modeling System (CoSMoS), although the closest values CoSMoS offers are 2.5 and
6.6 ft. 9
With 2.5 ft. of SLR and no storm event, CoSMoS shows flooding along Bay Island's
perimeter and across more than half of the buildable sites (Exhibit 6). Flooding is
predicted along the eastern half of Balboa Peninsula, including both sides of the
pedestrian bridge. Flooding is also predicted across the entirety of Lido Isle, Balboa
Island, and major swaths of West Newport. With 6.6 ft. of SLR and no storm event,
CoSMoS shows flooding across the entire extent of Bay Island (except a roughly 2,000
sq. ft. area in the middle of the island). Flooding is predicted across nearly all of the
Newport Beach coastal zone, with few areas spared. In either SLR scenario, CoSMoS
does not show significant increases in the extent of flooding with an annual, 20-year, or
100-year storm as compared to no storm event.
These results confirm that Bay Island is vulnerable to flooding within the next 75 years.
However, CoSMoS also shows similar levels of flooding across most of the Newport
Beach coastal zone. FEMA's most recent Flood Insurance Rate Maps ("Flood Maps")
help narrow the scope of areas considered to be especially vulnerable by establishing
multiple risk categories. These are established, in part, by considering the land
elevations compared to FEMA's predicted baseline flood elevation. "Special Flood
Hazard Areas" have at least a 1 % annual chance of flooding; "Moderate Flood Hazard
Areas" have between a 0.2% and 0.99% annual chance of flooding; and "Minimal Flood
Hazard Areas have a less than 0.2% annual chance of flooding.10 It is important to note
9 Our Coast, Our Future's CoSMoS.
10 FEMA's Zone Glossary.
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that the FEMA maps show current flood potential and do not account for sea level rise;
the areas flagged as hazardous are subject to expand with sea level rise.
The Flood Maps published in 2019 for Newport Beach designates the perimeter of Bay
Island as a "Special Flood Hazard Area" (Exhibit 6). More specifically, three buildable
sites on the northern island tip, one buildable site on the western island flank, and small
portions of ten other buildable sites throughout the island are designated as "Special
Flood Hazard Areas"." The pedestrian bridge and Island Avenue roadway adjacent to
the bridge are included in the "Special Flood Hazard Area" designation. The rest of the
island is designated as a "Moderate Flood Hazard Area". Thus, based on CoSMoS and
FEMA maps, Bay Island can be considered vulnerable to flooding. The Commission
must next consider whether the proposed density increase would also increase risks to
life and property, as well as reliance on shoreline protection.
It is important to note that Bay Island is already developed with 23 residences
(excluding the currently unoccupied caretaker's residence). Buildable sites 23 and 24
are currently zoned and designated to accommodate additional units, despite their
current absence of development and the certified IP's 23-unit cap. Part B of the subject
amendment request would allow 1) construction of one new residence within the
footprint of an existing pool and 2) a caretaker to occupy the currently non-residential
caretaker's building, while simultaneously eliminating the potential development of units
at Buildable sites 23 and 24. It would not greatly expand Bay Island's developable
footprint or infrastructure.
Moreover, when development in areas of identified hazards is proposed, the
Commission considers the risk associated with the project site and the potential cost to
the public, as well as the individual's right to use the subject property. In past actions,
the Commission has found that there are certain risks with coastal development that
can never be entirely eliminated, and in order to satisfy the mandate to "minimize risks"
in Section 30253(a), development potential should be minimized in particularly
vulnerable areas to the extent possible. In this case, the island is owned by one sole
entity, Bay Island Club, Inc., which must assume the liability of risks resulting from
development in flood -prone, low-lying areas, and which must disclose the nature of the
hazards affecting the site to all resident -occupants per certified IP Section 21.30.015.
Given that the island's owner assumes the risks of development and will not increase
residential uses beyond the existing developable footprint, the Commission finds that
the increased residential density on the island will not result in additional adverse
impacts to life or property and is thus consistent with the hazard policies of the Coastal
Act and certified LCP.
Equally important is the existing presence of bulkheads on the northern, southern, and
western sides of the island. The eastern side of the island is unprotected due to the
presence of a beach. The bulkheads were constructed in the late 1920's to protect
" FEMA's Flood Map for Newport Beach.
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existing residences and repaired pursuant to the Commission's approval of CDP No. 5-
09-055. The proposed unit increase will not necessitate any increase in coastal
armoring, as most sides of the island are already completely armored. While it seems
unlikely that Bay Island would remain habitable in the absence of these bulkheads, this
is an issue that would affect the entirety of the island; it would not be greatly
exacerbated by two new residential units within the existing developable footprint.
Regardless, the City's certified LCP requires hazard and shoreline protection analysis
on a case -by -case basis prior to approval of a CDP for any repair, maintenance, or
raising of the bulkheads in connection with residential development. Certified IP Section
21.30.015.D.2.c., "General Site Planning and Development Standards, Waterfront
Development" requires the City to consider "[t]he need for the existing or potential future
bulkhead or similar device to protect the proposed development, and the ability to
remove such protective device now or in the future" in reviewing CDP applications.
Subsection h of the subject certified IP regulation also requires the City to consider
"[w]hether the development is so sited and designed as to minimize, and where
feasible, avoid shoreline hazards". Certified LUP Policy 2.8.6-10 requires the City to
ensure that new development and/or substantial redevelopment would not rely on new
armoring structures.
In summary, Bay Island does pose a moderate likelihood of flooding within the next 75
years. But the island is almost completely built -out and ringed by existing bulkheads on
all sides except the beach. Additionally, the certified IP requires the City to consider
whether new development is eligible for new shoreline protection and whether it has
been designed for safety within its building lifespan. Part B of the proposed LCP
amendment is unlikely to increase risks to life and property or increase reliance on
shoreline protection.
Therefore, it does not raise inconsistency with Chapter 3 public access policies of the
Coastal Act. Part B also conforms with, and is adequate to carry out the policies of, the
certified LUP with regard to coastal hazards and shoreline protection.
D. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Section 21080.9 of the California Public Resources Code —within the California
Environmental Quality Act (CEQA)—exempts local governments from the requirement
of preparing environmental review documentation in connection with its activities and
approvals necessary for the preparation and adoption of an LCP. Under CCR Section
15251(f), the Commission's LCP review and approval program has been found by the
Resources Agency to be functionally equivalent to the EIR process. CEQA Section
21080.5 states that the Commission's review process for LCP amendments satisfies
CEQA environmental review requirements if the Commission analyzes whether there
are feasible alternatives or mitigation measures which would substantially lessen
adverse environmental impacts from the proposed LCP amendment. The Commission
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may only approve an LCP amendment in a manner consistent with CEQA if no such
alternatives and/or mitigation measures are feasible for the LCP amendment.
As outlined in the "Consistency Analysis" subsections for Parts A and B above, the
proposed IP amendment is in conformity with, and adequate to carry out, the policies of
the certified LUP (both as currently certified and as potentially amended.) Additionally,
the proposed LUP amendment is consistent with the Chapter 3 policies of the Coastal
Act. The Commission finds that approval of the LCP Amendment will not result in
significant adverse environmental impacts under the meaning of CEQA and will be
consistent with Section 21080.5(d)(2)(A) of the Public Resources Code. Furthermore,
there are no other feasible alternatives or mitigation measures available which would
substantially lessen any significant adverse impact which the LCP amendment may
have on the environment.
9.1
.;