HomeMy WebLinkAbout5.0_Zoning Code and LCP Amendments Related to Corrections Clarifications and Inconsistencies_PA2019-055CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
June 18, 2020
Agenda Item No. 5
SUBJECT: Zoning Code and LCP Amendments Related to Corrections,
Clarifications, and Inconsistencies (PA2019-055)
▪Code Amendment No. CA2019-001
▪Local Coastal Program Amendment No. LC2019-001
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Jaime Murillo, AICP, Principal Planner
949-644-3209, jmurillo@newportbeachca.gov
PROJECT SUMMARY
Amendments to Title 20 (Planning and Zoning Code) and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code (NBMC) to provide code
clarification and corrections, and to resolve inconsistencies between the Zoning Code and
the Local Coastal Program Implementation Plan (LCP). The amendments relate to minimum
lot size and dimensions, overlay zoning districts, public hearing notification requirements,
and code amendment processing.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections
15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant
to State CEQA Guidelines Section 15061(b)(3) because it has no potential to a
have a significant effect on the environment;
3)Adopt Resolution No. PC2020-024 recommending the City Council approve Code
Amendment No. CA2019-001 (Attachment No. PC 1); and
4)Adopt Resolution No. PC2020-025 recommending the City Council authorize staff
to submit Local Coastal Program Amendment No. LC2019-001 to the California
Coastal Commission (Attachment No. PC 2).
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INTRODUCTION:
On January 13, 2017, the California Coastal Commission (“Coastal Commission”)
effectively certified the City’s LCP and the City assumed coastal development permit -
issuing authority on January 30, 2017. Since certification, staff has encountered a
number of items requiring clarification or corrections.
Any amendments to the LCP must be reviewed and approved by the City Council, with a
recommendation from the Planning Commission, prior to submitting the amendment
request to the Coastal Commission. The Coastal Commission is the final decision-
making authority on amendments to the certified LCP; however, the City retains the ability
to reject an LCP amendment in its entirety if the Coastal Commission includes suggested
modifications.
Initiation of Code Amendment
Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a Title 20 code
amendment may be initiated by the City Council, with or without a recommendation from
the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal
Program) provides that a City-sponsored amendment to the certified LCP shall be initiated
by the City Council. The subject amendments were initiated by the City Council on April
23, 2019 (Attachment No. PC 3) under Local Coastal Program Amendment No. LC2019-
001 (PA2019-055).
DISCUSSION
Proposed Amendments
The proposed amendments are considered minor clean -up items and affect different
sections of the City’s Planning and Zoning Code (Title 20) and Local Coastal Program
Implementation Plan (Title 21). Table 1 below provides an overview of the proposed
amendments, including which title of the City’s Municipal Code is affected. Title 20
regulations are applicable citywide, whereas Title 21 amendments are only applicable in
the coastal zone areas of the City and intended to implement the goals, objectives, and
policies of the City’s Coastal Land Use Plan. Generally, where the two codes regulate
the same standard, it’s the City’s desire to maintain consistency between the two codes
to minimize the potential for errors in implementation. See Attachment No. PC 4 for
redline/strikeout revisions of the Title 20 amendments and Attachment No. PC 5 for
redline/strikeout revisions of the Title 21 amendments.
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Table 1- Summary of Proposed Amendments
Component of
Amendment
Title 20
Zoning Code
Title 21
Implementation
Plan of LCP
Purpose
Minimum lot size
exception
X Provide consistency with Title 20
Overlay districts X X Clarify overlay districts that may be less
restrictive than base zone
Notice of public
hearing
X X Clarify noticing requirements when large
number of properties affected is consistent
with State law.
Code amendment
processing
X Clarify procedural requirements for
processing Zoning Code amendments
1.Minimum lot size exception – NBMC Section 21.18.030 (Residential Coastal
Zoning Districts General Development Standards)
Both Title 20 and 21 include minimum lot size standards for newly created residential
lots. These minimum lot sizes are intended for new residential subdivision projects.
However, many of the lots in the older communities in the City (e.g., Balboa Peninsula,
Corona del Mar, Balboa Island, etc.) were developed in the early and mid-1900’s prior
to the City adopting a Subdivision Code. As a result, many of the lots are substandard
to current minimum lot sizes and dimensions that have been in effect for many
decades. Over time, some lots have been combined or reconfigured from their original
subdivision pattern.
It is common for property owners and developers to re-subdivide previously combined
or reconfigured lots within these older established communities, reverting back to a lot
size consistent with the original subdivision pattern of the neighborhood. Title 20
currently includes an exception that allows residential lots to be subdivided with
smaller sizes and dimensions than required by that zone, provided the lot size and
dimensions are not less than the original underlying lots on the same block face and
in the same zoning district. This exception is supported by General Plan Policy LU
4.2, which prohibits new residential subdivisions that result in additional dwelling units
without a General Plan amendment, unless the lots were legally merged in which case
they can be resubdivided to the original underlying legal lots. Unfortunately, this
provision was inadvertently left out of the Title 21 development standards applicable
to residential coastal zoning districts. This amendment would correct the oversight by
adding the same exception already allowed in Title 20 to Title 21 through a footnote
applicable to the lot size standards in Tables 21.18-2, 21.18-3, and 21.18-4.
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2.Overlay districts – NBMC Sections 20.28.010 and 21.28.010 (Purposes of
Overlay Zoning Districts)
Overlay zoning districts are a common tool to modify a base zoning district for a
specific area. The existing codes inadvertently state that the more restrictive standard
of the base zone or applicable overlay apply; however, overlays can be used to specify
a different standard that might be less restrictive than the base zone. For example,
the Height Overlay District allows a greater building height (less restrictive) if certain
conditions (findings) are met. The Parking Management Overlay authorizes the
establishment of a Parking Management District that allows reduced parking
requirements than that of the base zoning standards. The amendments to Title 20 and
21 will clarify that in cases where standards conflict between base zone and an overlay
district, the standards of the overlay district will control.
3.Notice of Public Hearing – NBMC Sections 20.62.020 and 21.62.020 (Notice of
Public Hearing)
State Law Noticing Requirements
Pursuant to Government Code (GC), Title 7, Planning and Land Use, Chapter 2.7,
Public Hearings, Sections 65090 and 65091 (Attachment No. PC 6), when a project
requires notice of a public hearing, notice shall be given in all of the following ways:
1.Newspaper or postings. Notice shall be published in at least one newspaper of
general circulation within the City at least 10 days prior to the hearing, or if there
is no such newspaper, the notice shall be posted in at least three public places
within the City. (GC Sec. 65090)
2.Mailings. Notice shall be mailed or delivered at least 10 days prior to the hearing
to the following:
a.property owner, owner’s authorized agent, if any, and to the project
applicant (GC Sec. 65091);
b.persons who file written request for notice (GC Sec. 65090);
c.each local agency expected to provide water, sewage, streets, roads,
schools, or other essential facilities or services to the project, whose
ability to provide those facilities and services may be significantly
affected (GC Sec. 65091); and
d.all owners of real property within 300 feet of property that is the subject
of the hearing (GC Sec. 65091).
3.Alternative to mailings. If the number of property owners to whom notice would
be mailed or delivered is greater than 1,000, the City, in lieu of mailed or
delivered notice, may provide notice by placing a display advertisement of at
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least one-eighth page in at least one newspaper of general circulation within
the City in which the proceeding is conducted at least 10 days prior to the
hearing (GC Sec. 65091).
City of Newport Beach Noticing Requirements
The City’s noticing procedures contained in Sections 20.62.020 and 21.62.020 of the
NBMC follow the aforementioned State regulations; however, in addition to the
minimum noticing requirements, the City also requires notice to be posted on or close
to the subject property in a prominent location.
Purpose of Amendment
In lieu of mailed notice, NBMC Subsections 20.62.020(B)(4) and 21.62.020(B)(4)
authorize the Director to choose alternative notice specified by State law. To eliminate
ambiguity and provide clarification of the alternative afforded by State law, the
proposed amendment will clearly specify that the alternative to mailings of over 1,000
notices is to publish a larger one-eighth page display advertisement in a newspaper
of general circulation within the City. The Daily Pilot or the Orange County Register
are currently newspapers of general circulation. In addition, new NBMC Subsections
20.62.020(B)(6) and 21.62.020(B)(6) (Additional Notice) will make it clear that the
Community Development Director may choose to provide additional notice of a
hearing in any other manner deemed necessary or desirable.
4. Code Amendment Processing – NBMC Section 20.66.030 (Processing, Notice,
and Hearing)
NBMC Chapter 20.66 establishes the procedures for amendments to Title 20. For
amendments initiated by property owners, NBMC Section 20.66.030 (Processing,
Notice, and Hearing) refers to NBMC Chapter 20.62 (Public Hearings) for noticing
procedures. As discussed above, NBMC Chapter 20.62 is drafted with a focus to
provide noticing proximate to a specific property.
For amendments initiated by the Planning Commission or City Council, the current code
is ambiguous as it relates to how notice should be provided for code amendments that
might affect a large number of properties, a neighborhood, an entire zoning district, or
citywide. Staff utilizes NBMC Chapter 20.62 as a guide; however, most amendments
affect multiple properties where mailing each affected property owner and posting on
each site is infeasible.
Government Code Section 65854 (Attachment No. PC 7) regulates minimum noticing
requirements for code amendments and generally only requires publication of a notice
in newspaper of general circulation; however, if an amendment affects the permitted
uses of real property, then additional notice shall be provided in compliance with
Government Code Section 65091 as described above, including mailings to affected and
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surrounding property owners. For mailed notices in excess of 1,000, the Director may
choose to publish the alternative one-eighth page newspaper advertisement.
Therefore, an amendment to NBMC Section 20.66.030 is needed to provide clear
standards for public hearing noticing related to City-initiated amendments not affiliated
with a specific project site, consistent with State law requirements.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to CEQA in accordance with Section
21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and
15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section
15061(b)(3) because it has no potential to a have a significant effect on the environment.
Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt
from the requirements of CEQA in connection with the adoption of a Local Coastal
Program. The Amendments themselves do not authorize development that would directly
result in physical change to the environment.
Public Notice
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 was distributed on May
7, 2020, to all persons and agencies on the Notice of Availability mailing list.
In addition, notice of this amendment was published in the Daily Pilot as an eighth-page
advertisement, consistent with the provisions of the Municipal Code and State law. The
item also appeared on the agenda for this meeting, which was posted at City Hall and on
the City website.
Prepared by: Submitted by:
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ATTACHMENTS
PC 1 Draft Resolution Recommending Approval of Zoning Code Amendment No.
CA2019-001
PC 2 Draft Resolution Recommending Approval of Submission of Local Coastal
Program Amendment No. LC2019-001
PC 3 City Council Resolution No. 2019-41 Initiating Amendment
PC 4 NBMC Title 20 (Planning and Zoning), Proposed Redlined Code Changes
PC 5 NBMC Title 21 (Local Coastal Program Implementation Plan), Proposed Redlined
Code Changes
PC 6 Government Code Sections 65090 and 65091
PC 7 Government Code Section 65854
8
Attachment No. PC 1
Draft resolution recommending approval
of Zoning Code Amendment No. CA2019-
001
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RESOLUTION NO. PC2020-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPT CODE AMENDMENT NO. CA2019-001 TO
AMEND TITLE 20 (PLANNING AND ZONING) OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE CORRECTING AND
CLARIFYING PROVISIONS RELATED TO OVERLAYS AND
PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An amendment to Title 20 (“Planning and Zoning”) of the Newport Beach Municipal Code
(NBMC) (“Code Amendment”) is necessary to provide clarification and corrections to
Title 20 related to overlays and public hearing notice requirements.
2. On April 23, 2019, the City Council adopted Resolution No. 2019-41 initiating the Code
Amendment.
3. A telephonic public hearing was held on June 18, 2020, in the Council Chambers located
at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State
Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. the (“Ralph M. Brown Act”) and Chapter 20.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The action proposed herein is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 21065 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. The Code
Amendment itself does not authorize development that would directly result in physical change
to the environment.
SECTION 3. FINDINGS.
1. Section 20.28.10 (Purposes of Overlay Zoning Districts) of Title 20 (Planning and Zoning)
inadvertently states that the more restrictive standard of the underlying zoning district or
applicable overlay apply; however, overlays are often a land use tool used to specify a
different standard that might be less restrictive than the underlying zone. For example, the
Height Overlay District allows a greater building height (less restrictive) if certain conditions
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(findings) are met. The Parking Management Overlay authorizes the establishment of a
Parking Management District that allows reduced parking requirements than that of the
base zoning standards. The Code Amendment to Title 20 (Planning and Zoning) will clarify
that in cases where standards conflict in an overlay district and the underlyi ng coastal
zoning district, those of the overlay district will control.
2. Section 20.62.020 (Notice of Public Hearing) of Title 20 (Planning and Zoning) provides
noticing requirements for project applications requiring a public hearing. Prescribed
methods of notice distribution include: publication in a newspaper of general circulation;
mailing to affected property owners, local agencies, nearby property owners and residents,
and persons requesting notice; and posting of notice on or near the subject property. In lieu
of mailed notice, NBMC Subsection 20.62.020(B)(4) (Alternative to Mailing) authorizes the
Director to choose alternative notice specified by State law. To eliminate ambiguity and
provide clarification of the alternative afforded by State law, the LCP Amendment will clearly
specify that the alternative to mailings of over 1,000 notices is to publish a larger one-eighth
page display advertisement in a newspaper of general circulation within the City. In addition,
a new NBMC Subsection 20.62.020(B)(6) (Additional Notice) will make it clear that the
Community Development Director may choose to provide additional notice of a hearing in
any other manner deemed necessary.
3. Chapter 20.66 (Amendments) establishes the procedures for amendments to Title 20
(Planning and Zoning). For amendments initiated by property owners, NBMC Section
20.66.030 (Processing, Notice, and Hearing) refers to NBMC Chapter 20.62 (Public Hearings)
for noticing procedures; however, for amendments initiated by the Planning Commission or
City Council, the existing regulations are unclear with regard to proper noticing procedures.
Staff utilizes NBMC Chapter 20.62 (Public Hearings) as a guide; however, most amendments
affect multiple properties where mailing each affected property owner and posting on each site
is infeasible. Therefore, the amendment to NBMC Section 20.66.030 (Processing, Notice, and
Hearing) is needed to provide clear standards for public hearing noticing related to City-
initiated amendments not affiliated with a specific project site.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the Code Amendment is not a project subject to CEQA
pursuant to Section 21065 of Public Resources Code and the CEQA Guidelines Sections
15060(c)(2), 15060(c)(3), and 15378. The proposed action is also statutorily exempt
pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to have a
significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2019-001 as set forth in Exhibit “A,” which is attached hereto and
incorporated herein by reference.
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PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
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EXHIBIT “A”
Proposed Code Amendment No. CA2019-001 to Clarify Provisions related to
Overlays and Public Hearing Notice Requirements
Section 1: Amend Section 20.28.010 (Purposes of Overlay Zoning Districts) of Title 20
(Planning and Zoning) of the Newport Beach Municipal Code as follows
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are applied are
outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with
Chapter 20.66 (Amendments). All development shall comply with the applicable development standards
(e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this
chapter, if any. In situations where an inconsistency occurs between the development standards of the
underlying zoning district and the standards in this chapter, the standards of the overlay district shall
prevail.
Section 2: Amend Subsection 20.62.020(B)(4) (Alternative to Mailing) of Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code to as follows:
4. Alternative to Mailing. If the number of property owners to whom notice would be mailed in
compliance with subsection (B)(2)(c) of this section is more than one thousand (1,000), in lieu of
mailed notice, the Director may choose to publish a one-eighth page display advertisement in a
newspaper of general circulation within the City at least ten (10) days before the scheduled hearing
as specified by State law.
Section 3: Renumber Subsection 20.62.020(B)(5) to Subsection 20.62.020(B)(6) and add
new Subsection 20.62.020(B)(5) (Additional Notice) to Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code as follows:
5. Additional Notice. The Director may provide additional notice of the hearing in any other manner
deemed necessary.
6. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance
with this section shall not invalidate the actions of the applicable review authority.
Section 4: Amend Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66
(Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, as
follows:
20.66.030 Processing, Notice, and Hearing.
A. If initiated by property owner(s) with the filing of an amendment application:
1. Process. The application shall be processed in compliance with Chapter 20.50 (Permit
Application Filing and Processing).
2. Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62
(Public Hearings).
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B. If initiated by Council or Commission, notice of the public hearings shall be given as specified
below:
1. Publication. Notice for all matters shall be published at least once in a newspaper of general
circulation in the City at least ten (10) days before the scheduled hearing.
2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing
to all of the following:
a. Property Owners. All owners of property affected by the amendment and owners of
property located within a three hundred (300) foot radius, excluding intervening rights-of-way
and waterways, of the exterior boundaries of the affected property, as shown on the last
equalized assessment roll or, alternatively, from other records that contain more recent
addresses. If the number of property owners to whom notice would be mailed in compliance
with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director
may choose to publish a one-eighth page display advertisement in a newspaper of general
circulation within the City;
b. Local Agencies. Each local agency expected to provide schools, water, or other essential
facilities or services as a result of the amendment, whose ability to provide the facilities and
services may be significantly affected; and
c. Persons Requesting Notice. A person who has filed a written request for notice with the
Director and has paid the required fee for the notice.
3. Failure to Receive Notice. The failure of any person or entity to receive notice given in
compliance with this section shall not invalidate the actions of the applicable review authority.
4. Additional Notice. The Director may choose to provide additional notice of the hearing in any
other manner deemed necessary.
C. Hearing.
1. The applicable review authority shall conduct one or more public hearings regarding the
amendment.
2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings).
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Attachment No. PC 2
Draft resolution recommending approval of
submission of Local Coastal Program
Amendment No. LC2019-001
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RESOLUTION NO. PC2020-025
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE
CITY COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-001 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY
OF NEWPORT BEACH MUNICIPAL CODE CORRECTING AND
CLARIFYING PROVISIONS RELATED TO MINIMUM LOT SIZE
AND DIMENSIONS, OVERLAYS AND PUBLIC HEARING NOTICE
REQUIREMENTS (PA2019-055)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the California Public Resources Code requires each county and city
to prepare a local coastal program for that portion of the coastal zone within its
jurisdiction.
2. In 2005, the City of Newport Beach (“City”) adopted the City of Newport Beach Local
Coastal Program Coastal Land Use Plan as amended from time to time including most
recently on February 12, 2019, via Resolution No. 2019-16.
3. The California Coastal Commission effectively certified the City’s Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) to the City of Newport Beach Municipal Code (“NBMC”)
whereby the City assumed coastal development permit-issuing authority on January 30,
2017.
4. An amendment to Title 21 (Local Coastal Program Implementation Plan) (“LCP
Amendment”) is necessary to provide clarification and corrections, and to resolve
inconsistencies between the Title 21 and Title 20 (Planning and Zoning) of the NBMC.
5. On April 23, 2019, the City Council initiated the LCP Amendment under Resolution No.
2019-41 authorizing staff to modify regulations, including minimum lot size and
dimensions, overlay zoning districts, and public hearing notifications.
6. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures )
of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article
5 (“Public Participation”), drafts of LCP Amendment No. LC2019-001 were made available
and a Notice of Availability was distributed at least six (6) weeks prior to the City Council
public hearing.
7. A telephonic public hearing was held on June 18, 2020, in the Council Chambers located
at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State
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Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time,
place and purpose of the public hearing was given in accordance with the California
Government Code Section 54950 et seq. (“Ralph M. Brown Act”), Chapter 21.62 (Public
Hearings) of the NBMC, and Section 13515 of the California Code of Regulations.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The LCP Amendment is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 21065 of the California Public Resources Code and
Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The LCP Amendment is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Lastly, pursuant to
CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements
of CEQA in connection with the adoption of a Local Coastal Program. The LCP Amendment
itself does not authorize development that would directly result in physical change to the
environment.
SECTION 3. FINDINGS.
1. Both Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation
Plan) include minimum lot size standards for newly created residential lots. These minimum
lots sizes are intended for new residential subdivision projects. However, many of the lots
in the older communities in the City (e.g., Balboa Peninsula, Corona del Mar, Balboa Island,
etc.) were developed in the early and mid-1900’s prior to the City adopting Title 19
(Subdivisions). As a result, many of the lots are substandard to current minimum lot sizes
and dimensions that have been in effect for many decades. Over time, some lots have been
combined or reconfigured from their original subdivision pattern. It is common for property
owners and developers to re-subdivide previously combined or reconfigured lots within
these older established communities, reverting back to a lot size consistent with the original
subdivision pattern of the neighborhood. Title 20 (Planning and Zoning) currently includes
an exception that allows residential lots to be subdivided with smaller sizes and dimensions
than required by that zone, provided the lot size and dimensions are not less than the
original underlying lots on the same block face and in the same zoning district.
Unfortunately, this provision was inadvertently left out of the Title 21 (Local Coastal Program
Implementation Plan) development standards applicable to residential coastal zoning
districts. This LCP Amendment would correct the oversight by adding the same exception
already allowed in Title 20 to Title 21 (Local Coastal Program Implementation Plan) through
a new footnote applicable to the lot size standards in Tables 21.18-2, 21.18-3, and 21.18-
4.
2. Section 21.28.10 (“Purposes of Overlay Coastal Zoning Districts”) of Title 21 (Local Coastal
Program Implementation Plan) inadvertently states that the more restrictive standard of the
underlying coastal zoning district or applicable overlay apply; however, overlays can be
used to specify a different standard that might be less restrictive than the underlying zone.
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For example, the Height Overlay District allows a greater building height (less restrictive) if
certain conditions (findings) are met. The Parking Management Overlay authorizes the
establishment of a Parking Management District that allows reduced parking r equirements
than that of the base zoning standards. The amendment to Title 21 (Local Coastal Program
Implementation Plan) will clarify that in cases where standards conflict between base zone
and an overlay district, the standards of the overlay district will control.
3. Section 21.62.020 (Notice of Public Hearing) of Title 21 (Local Coastal Program
Implementation Plan” provides noticing requirements for project applications requiring a
public hearing. Prescribed methods of notice distribution include: public ation in a
newspaper of general circulation; mailing to affected property owner, local agencies, nearby
property owners and residents, persons requesting notice, and the California Coastal
Commission; and posting of notice on or near the subject property. In lieu of mailed notice,
NBMC Subsection 21.62.020(B)(4) (Method of Notice Distribution) authorizes the Director
to choose alternative notice specified by State law. To eliminate ambiguity and provide
clarification of the alternative afforded by State law, the LCP Amendment will clearly specify
that the alternative is to publish a one-eighth page display advertisement in a newspaper of
general circulation within the City.
4. The LCP Amendment shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested by the California Coastal
Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.
5. The Local Coastal Program and Title 21 (“Local Coastal Program Implementation Plan”),
including the proposed LCP Amendment, will be carried out fully in conformity with the
California Coastal Act.
6. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the project exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines
Sections 15060(c)(2), 15060(c)(3), and 15378. The LCP Amendment is also exempt
pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have
a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No. LC2019-001, amending Implementation Plan Section
21.18.030, (Residential Coastal Zoning Districts General Development Standards), Tables
21.18-2, 21.18-3, and 21.18-4 adding a new note to the Lot Area row; Section 21.28.010
(Purposes of Overlay Coastal Zoning Districts), clarifying that development standards of
Overlay Districts prevail in cases of conflicting code; and Section 21.62.020 (Notice of Public
Hearing), clarifying the Alternative Notice procedures allowed pursuant to Government Code
21
Planning Commission Resolution No. PC2020-025
Page 4 of 7
Section 65091 as set forth in Exhibit “A,” which is attached hereto and incorporated herein by
reference, to the California Coastal Commission.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
22
Planning Commission Resolution No. PC2020-025
Page 5 of 7
EXHIBIT “A”
Proposed Local Coastal Program Amendment No. LC2019-001 to
Clarify Provisions related to Minimum Lot Size and Dimensions, Overlays and
Public Hearing Notice Requirements
Section 1: Amend Table 21.18-2 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code adding Note 6 to the Lot Area row as follows:
Development Feature R-A R-1 R-1-6,000 Additional Requirements
Lot Area (1)(6):
Corner lot 87,120 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Interior lot 87,120 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum
lot size shall not be less than the original underlying lots on the same block face and in the same coastal
zoning district. Lot width and length may vary according to the width and depth of the original underlying
lots. New subdivisions that would result in additional dwelling units beyond what the original underlying
lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
Section 2: Amend Table 21.18-3 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code adding Note 6 to the Lot Area row as follows:
Development Feature R-BI R-2 R-2-6,000
Additional
Requirements
Lot Area (1)(2)(3)(6):
Corner lot 2,375 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Interior lot 2,375 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum
lot size shall not be less than the original underlying lots on the same block face and in the same coastal
zoning district. Lot width and length may vary according to the width and depth of the original underlying
lots. New subdivisions that would result in additional dwelling units beyond what the original underlying
lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
23
Planning Commission Resolution No. PC2020-025
Page 6 of 7
Section 3: Amend Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code adding Note 8 to the Lot Area row as follows:
Development Feature RM RM-6,000 Additional Requirements
Lot Dimensions Minimum dimensions required for each newly created lot.
Lot Area (1)(2)(8):
Corner lot 6,000 sq. ft. 6,000 sq. ft.
Interior lot 5,000 sq. ft. 6,000 sq. ft.
(8) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum
lot size shall not be less than the original underlying lots on the same block face and in the same coastal
zoning district. Lot width and length may vary according to the width and depth of the original underlying
lots. New subdivisions that would result in additional dwelling units beyond what the original underlying
lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
Section 4: Amend Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) of
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
as follows
21.28.010 Purposes of Overlay Coastal Zoning Districts.
The purposes of the individual overlay coastal zoning districts and the manner in which they are applied
are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in
compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable
development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to
the standards provided in this chapter, if any. In situations where an inconsistency occurs between the
development standards of the underlying coastal zoning district and the standards in this chapter, the
standards of the overlay district shall prevail.
Section 5: Amend Subsection 21.62.020(B)(4) (Alternative to Mailing) of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code to reflect the
practical realities involved in posting notice on a large number of properties and to clarify that
the noticing process is consistent with the legal requirements of Government Code Section
65091, Public Hearings as follows:
4. Alternative to Mailing. If the number of property owners, residents, and interested persons to whom
notice would be mailed in compliance with subsection (B)(2)(c) of this section is more than one thousand
(1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display
advertisement in a newspaper of general circulation within the City. However, a mailed notice shall still
be provided to those persons who have requested notice, including all persons known to the applicant
to be a party interested in the application, including those persons who testified at or submitted written
comments for the local hearing(s).
24
Planning Commission Resolution No. PC2020-025
Page 7 of 7
Section 6: Renumber Subsection 21.62.020(B)(5) to Subsection 21.62.020(B)(6) and add
new Subsection 21.62.020(B)(6) (Additional Notice) to Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code as follows:
5. Additional Notice. The Director may provide additional notice of the hearing in any other manner
deemed necessary.
6. Failure to Receive Notice. The failure of any person or entity to receive notice given in
compliance with this section shall not be grounds to invalidate the actions of the applicable
review authority.
25
INTENTIONALLY BLANK PAGE26
Attachment No. PC 3
City Council Resolution No. 2019-41
Initiating Amendment
27
INTENTIONALLY BLANK PAGE28
RESOLUTION NO. 2019-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND
ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
MINIMUM LOT SIZE AND DIMENSIONS, OVERLAY
ZONING DISTRICTS, PUBLIC HEARING NOTIFICATION,
CORRECTIONS TO SETBACK MAPS AND THE
TRANSFER OF DEVELOPMENT RIGHTS (PA2019-055)
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020
provides that the City Council of the City of Newport Beach ("City Council") may initiate
an amendment to the Zoning Code with or without a recommendation from the Planning
Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in NBMC Title 21 to be initiated by the City Council; and
WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to
modify regulations relating to minimum lot size and dimensions, overlay zoning districts,
public hearing notification, corrections to setback maps, and the transfer of
development rights.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to NBMC Title 20
Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to
modify regulations relating to minimum lot size and dimensions, overlay zoning districts,
public hearing notification, corrections to setback maps, and the transfer of
development rights.
Section 2: 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.
29
Resolution No. 2019-41
Page 2 of 2
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it involves feasibility or planning studies for possible
future actions which the agency, board, or commission has not approved or adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 23rd day of April, 2019.
ATTEST:
40ki, Nr*-
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
S: -=L
Dia a B. Dixon
Mayor
14 o [A K m rvie24, /1
Aar n C. Harp
City Attorney
30
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. 2019-41 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23rd day of April, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor
Diane Dixon
NAYS: None
RECUSED: Mayor Pro Tem Will O'Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of April, 2019.
Leilani I. Brown
City Clerk
Newport Beach, California
31
INTENTIONALLY BLANK PAGE32
Attachment No. PC 4
NBMC Title 20 (Planning and Zoning),
proposed redlined code changes
33
INTENTIONALLY BLANK PAGE34
Redline/Strikeout
Proposed Code Amendment No. CA2019-001 to Clarify Provisions related to
Overlays and Public Hearing Notice Requirements.
Section 1: Amend Section 20.28.010 (Purposes of Overlay Zoning Districts) of Title 20
(Planning and Zoning) of the Newport Beach Municipal Code as follows
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are applied are
outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with
Chapter 20.66 (Amendments). All development shall comply with the applicable development standards
(e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this
chapter, if any. In situations where an inconsistency occurs between the development standards of the
underlying zoning district and the standards in this chapter, the most restrictive standards of the overlay
district shall prevail.
Section 2: Amend Subsection 20.62.020(B)(4) (Alternative to Mailing) of Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code to as follows:
4. Alternative to Mailing. If the number of property owners to whom notice would be mailed in
compliance with subsection (B)(2)(c) of this section is more than one thousand (1,000), in lieu of
mailed notice, the Director may choose to publish a one-eighth page display advertisement in a
newspaper of general circulation within the City at least ten (10) days before the scheduled
hearing as specified by State Law provide the alternative notice specified by State law.
Section 3: Renumber Subsection 20.62.020(B)(5) to Subsection 20.62.020(B)(6) and add
new Subsection 20.62.020(B)(6) (Additional Notice) of Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code as follows:
5. Additional Notice. The Director may provide additional notice of the hearing in any other
manner deemed necessary.
56. Failure to Receive Notice. The failure of any person or entity to receive notice given in
compliance with this section shall not invalidate the actions of the applicable review authority.
Section 4: Amend Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66
(Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, as
follows:
20.66.030 Processing, Notice, and Hearing.
A. If initiated by property owner(s) with the filing of an amendment application:
1. A.Process. The application shall be processed in compliance with Chapter 20.50 (Permit
Application Filing and Processing).
2. B.Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62
(Public Hearings).
35
B. If initiated by Council or Commission, notice of the public hearings shall be given as specified
below:
1. Publication. Notice for all matters shall be published at least once in a newspaper of general
circulation in the City at least ten (10) days before the scheduled hearing.
2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing
to all of the following:
a. Property Owners. All owners of property affected by the amendment and owners of
property located within a three hundred (300) foot radius, excluding intervening rights-of-way
and waterways, of the exterior boundaries of the affected property, as shown on the last
equalized assessment roll or, alternatively, from other records that contain more recent
addresses. If the number of property owners to whom notice would be mailed in compliance
with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director
may choose to publish a one-eighth page display advertisement in a newspaper of general
circulation within the City;
b. Local Agencies. Each local agency expected to provide schools, water, or other essential
facilities or services as a result of the amendment, whose ability to provide the facilities and
services may be significantly affected; and
c. Persons Requesting Notice. A person who has filed a written request for notice with the
Director and has paid the required fee for the notice.
3. Failure to Receive Notice. The failure of any person or entity to receive notice given in
compliance with this section shall not invalidate the actions of the applicable review authority.
4. Additional Notice. The Director may choose to provide additional notice of the hearing in any
other manner deemed necessary.
C. Hearing.
1. The applicable review authority shall conduct one or more public hearings regarding the
amendment.
2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings).
36
Attachment No. PC 5
NBMC Title 21 (Local Coastal Program
Implementation Plan), proposed redlined
code changes
37
INTENTIONALLY BLANK PAGE38
Redline/Strikeout
Proposed Local Coastal Program
Amendment No. LC2019-1 to Clarify Provisions related to Minimum Lot Size and
Dimensions, Overlays and Public Hearing Notice Requirements (LC2019-001)
Section 1: Amend Table 21.18-2 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code adding Note 6 to the Lot Area row as follows:
Development Feature R-A R-1 R-1-6,000 Additional Requirements
Lot Area (1) (6):
Corner lot 87,120 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Interior lot 87,120 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum
lot size shall not be less than the original underlying lots on the same block face and in the same coastal
zoning district. Lot width and length may vary according to the width and depth of the original underlying
lots. New subdivisions that would result in additional dwelling units beyond what the original underlying
lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
Section 2: Amend Table 21.18-3 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code adding Note 6 to the Lot Area row as follows:
Development Feature R-BI R-2 R-2-6,000
Additional
Requirements
Lot Area (1)(2)(3)(6):
Corner lot 2,375 sq. ft. 6,000 sq. ft. 6,000 sq. ft.
Interior lot 2,375 sq. ft. 5,000 sq. ft. 6,000 sq. ft.
(6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum
lot size shall not be less than the original underlying lots on the same block face and in the same coastal
zoning district. Lot width and length may vary according to the width and depth of the original underlying
lots. New subdivisions that would result in additional dwelling units beyond what the original underlying
lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
39
Section 3: Amend Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning
Districts General Development Standards) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code adding Note 8 to the Lot Area row as follows:
Development Feature RM RM-6,000 Additional Requirements
Lot Dimensions Minimum dimensions required for each newly created lot.
Lot Area (1)(2)(8):
Corner lot 6,000 sq. ft. 6,000 sq. ft.
Interior lot 5,000 sq. ft. 6,000 sq. ft.
(8) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less
than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum
lot size shall not be less than the original underlying lots on the same block face and in the same coastal
zoning district. Lot width and length may vary according to the width and depth of the original underlying
lots. New subdivisions that would result in additional dwelling units beyond what the original underlying
lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA).
Section 4: Amend Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) of
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
as follows
21.28.010 Purposes of Overlay Coastal Zoning Districts.
The purposes of the individual overlay coastal zoning districts and the manner in which they are applied
are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in
compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable
development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to
the standards provided in this chapter, if any. In situations where an inconsistency occurs between the
development standards of the underlying coastal zoning district and the standards in this chapter, the
most restrictive standards of the overlay district shall prevail.
Section 5: Amend Subsection 21.62.020(B)(4) (Alternative to Mailing) of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code to reflect the
practical realities involved in posting notice on a large number of properties and to clarify that
the noticing process is consistent with the legal requirements of Government Code Section
65091, Public Hearings as follows:
4. Alternative to Mailing. If the number of property owners, residents, and interested persons to
whom notice would be mailed in compliance with subsection (B)(2)(c) of this section is more than one
thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page
display advertisement in a newspaper of general circulation within the City. the Director may choose
to provide the alternative notice specified by State law where it is reasonable that such substitute
notice is expected to be adequate or better notice rather than through a mailed notice. However, a
mailed notice shall still be provided to those persons who have requested notice, including all persons
known to the applicant to be a party interested in the application, including those persons who testified
at or submitted written comments for the local hearing(s).
40
Section 6: Renumber Subsection 21.62.020(B)(5) to Subsection 21.62.020(B)(6) and add
new Subsection 21.62.020(B)(6) (Additional Notice) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code as follows:
5. Additional Notice. The Director may provide additional notice of the hearing in any other
manner deemed necessary.
56. Failure to Receive Notice. The failure of any person or entity to receive notice given in
compliance with this section shall not be grounds to invalidate the actions of the applicable
review authority.
41
INTENTIONALLY BLANK PAGE42
Attachment No. PC 6
Government Code Sections 65090 and
65091
43
INTENTIONALLY BLANK PAGE44
State of California
GOVERNMENT CODE
Section 65090
65090. (a) When a provision of this title requires notice of a public hearing to be
given pursuant to this section, notice shall be published pursuant to Section 6061 in
at least one newspaper of general circulation within the jurisdiction of the local agency
which is conducting the proceeding at least 10 days prior to the hearing, or if there is
no such newspaper of general circulation, the notice shall be posted at least 10 days
prior to the hearing in at least three public places within the jurisdiction of the local
agency.
(b) The notice shall include the information specified in Section 65094.
(c) In addition to the notice required by this section, a local agency may give notice
of the hearing in any other manner it deems necessary or desirable.
(d) Whenever a local agency considers the adoption or amendment of policies or
ordinances affecting drive-through facilities, the local agency shall incorporate, where
necessary, notice procedures to the blind, aged, and disabled communities in order
to facilitate their participation. The Legislature finds that access restrictions to
commercial establishments affecting the blind, aged, or disabled is a critical statewide
problem; therefore, this subdivision shall be applicable to charter cities.
(Amended by Stats. 2000, Ch. 785, Sec. 1. Effective January 1, 2001.)
45
State of California
GOVERNMENT CODE
Section 65091
65091. (a) When a provision of this title requires notice of a public hearing to be
given pursuant to this section, notice shall be given in all of the following ways:
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to the owner of the subject real property as shown on the latest equalized
assessment roll. Instead of using the assessment roll, the local agency may use records
of the county assessor or tax collector if those records contain more recent information
than the information contained on the assessment roll. Notice shall also be mailed to
the owner’s duly authorized agent, if any, and to the project applicant.
(2) When the Subdivision Map Act (Division 2 (commencing with Section 66410)
of Title 7) requires notice of a public hearing to be given pursuant to this section,
notice shall also be given to any owner of a mineral right pertaining to the subject
real property who has recorded a notice of intent to preserve the mineral right pursuant
to Section 883.230 of the Civil Code.
(3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency expected to provide water, sewage, streets, roads, schools,
or other essential facilities or services to the project, whose ability to provide those
facilities and services may be significantly affected.
(4) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to all owners of real property as shown on the latest equalized assessment
roll within 300 feet of the real property that is the subject of the hearing. In lieu of
using the assessment roll, the local agency may use records of the county assessor or
tax collector which contain more recent information than the assessment roll. If the
number of owners to whom notice would be mailed or delivered pursuant to this
paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or
delivered notice, may provide notice by placing a display advertisement of at least
one-eighth page in at least one newspaper of general circulation within the local
agency in which the proceeding is conducted at least 10 days prior to the hearing.
(5) If the notice is mailed or delivered pursuant to paragraph (4), the notice shall
also either be:
(A) Published pursuant to Section 6061 in at least one newspaper of general
circulation within the local agency which is conducting the proceeding at least 10
days prior to the hearing.
(B) Posted at least 10 days prior to the hearing in at least three public places within
the boundaries of the local agency, including one public place in the area directly
affected by the proceeding.
(b) The notice shall include the information specified in Section 65094.
46
(c) In addition to the notice required by this section, a local agency may give notice
of the hearing in any other manner it deems necessary or desirable.
(d) Whenever a hearing is held regarding a permit for a drive-through facility, or
modification of an existing drive-through facility permit, the local agency shall
incorporate, where necessary, notice procedures to the blind, aged, and disabled
communities in order to facilitate their participation in any hearing on, or appeal of
the denial of, a drive-through facility permit. The Legislature finds that access
restrictions to commercial establishments affecting the blind, aged, or disabled, is a
critical statewide problem; therefore, this subdivision shall be applicable to charter
cities.
(Amended by Stats. 2016, Ch. 366, Sec. 13. (SB 974) Effective January 1, 2017.)
47
INTENTIONALLY BLANK PAGE48
Attachment No. PC 7
Government Code Section 65854
49
INTENTIONALLY BLANK PAGE50
State of California
GOVERNMENT CODE
Section 65854
65854. The planning commission shall hold a public hearing on the proposed zoning
ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given
pursuant to Section 65090 and, if the proposed ordinance or amendment to a zoning
ordinance affects the permitted uses of real property, notice shall also be given pursuant
to Section 65091.
(Amended by Stats. 1984, Ch. 1009, Sec. 22.)
51
June 18, 2020, Planning Commission Item 5 Comments
These comments on a Newport Beach Planning Commission agenda item are submitted by:
Jim Mosher ( jimmosher@yahoo.com ), 2210 Private Road, Newport Beach 92660 (949-548-6229).
Item No. 5. Zoning Code and LCP Amendments Related to
Corrections, Clarifications, and Inconsistencies (PA2019-055)
Suggested corrections to the proposed passages in italics are shown in strikeout underline
format.
With regard to proposed Resolution No. PC2020-024:
Page 14: “Section 1: Amend the opening paragraph of Section 20.28.010 (Purposes of
Overlay Zoning Districts) of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code as follows:”
[The existing Section 20.28.010 contains several lettered subsections. Without the suggested
correction, this directs the codifiers to remove them.]
There are also inconsistencies in the way items in Chapter 20.28 are captioned which the PC
may wish to recommend correcting:
1.The Ch apter 20.28 title fails to mention the “H” overlay. It should read: “OVERLAY
ZONING DISTRICTS (MHP, PM, B, H)”
2.In the index to the chapter, the Section 20.28.060 entry should read: “20.28.060 Height
Overlay (H) District.” [the later title of that section also needs to be corrected, in the
same fashion]
3.The 20.28.010 subsections are written in an inconsistent fashion. They should read:
a.“C. B (Bluff (B) Overlay Zoning District). …”
b.“D. H (Height (H) Overlay District). …”
Page 14: “Section 2: Amend Subsection 20.62.020(B)(4) (Alternative to Mailing) of Title 20
(Planning and Zoning) of the Newport Beach Municipal Code to as follows:
4.Alternative to Mailing. If the number of property owners to whom notice would be mailed in
compliance with subsection (B)(2)(c) of this section is more than one thousand (1,000), in lieu of
mailed notice, the Director may choose to publish a one -eighth page display advertisement in a
newspaper of general circulation within the City at least ten (10) days before the scheduled
hearing as specified by State law.”
[The entire point of this particular amendment was to eliminate the ambiguous reference to state
law, so it seems the indicated words should be deleted.
However, the entire Subsection 20.62.020(B)(4) applies only to Subsection (B)(2)(c) so it seems
the entire above sentence should be combined with that as in the proposed Subsection
20.66.030.B.2.a on page 15. In other words, “4.” would be deleted, and the existing Subsection
20.62.020B.2.c revised to read:
Planning Commission - June 18, 2020
Item No. 5a Additional Materials Received
Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)
June 18, 2020, PC agenda Item 5 comments - Jim Mosher Page 2 of 2
“c. Nearby Property Owners. All owners of property located within a three hundred
(300) foot radius, excluding intervening rights -of-way and waterways, of the exterior
boundaries of the subject lot, as shown on the last equalized assessment rol l or,
alternatively, from other records that contain more recent addresses. It shall be the
responsibility of the applicant to obtain and provide to the Department the names and
addresses of all owners required by this section . If the number of property owners to
whom notice would be mailed is more than one thousand (1,000), in lieu of mailed
notice, the Director may choose to publish a one-eighth page display
advertisement in a newspaper of general circulation within the City at least ten
(10) days before the scheduled hearing;
By eliminating the pointless cross-reference, that is not only more readable, but saves words.]
Page 15: The lengthy proposed new Section 20.66.030 seems poorly conceived. Its entire
purpose is to override the physical posting requirement of Subsection 20.66.020.B, leaving all
other features of that subsection intact.
It would seem much more efficient to leave the existing Section 20.66.30 as it is and correct just
the problem paragraph in Subsection 20.66.020.B.3. Namely, revise that to read:
“3. Posting of a Sign and Notice. Notice With the exception of Zone Code
amendments initiated by the Council or Commission, notice shall be posted on or
close to the subject property in a prominent location at least ten (10) days before the
scheduled public hearing in the following manner:
a. One or more signs shall be posted as determined by the Director.
b. The size and location of the sign(s) shall be as determined by the Director.
c. The project applicant shall be responsible for maintaining the sign(s) in a
satisfactory condition.
d. The project applicant shall remove all sign(s) at the end of the appeal period .”
This has the identical effect to what is being proposed by the extensive rewrite of Section
20.66.30 and saves adding a half -page of largely duplicative code.
With regard to proposed Resolution No. PC2020-025:
Pages 23-24, Sections 1, 2 and 3: These are copying a note from the Title 20 into Title 21. It is
unclear why this feature applies only to the Zoning Districts listed, and does not apply to mixed
use, commercial, planned community or other districts.
Page 24, Section 4: The same comments as for Title 20 apply, with the exception that the
captioning in the Chapter title and index does not require correction. The captioning of the last
three sub-items in existing Section 21.28.010 does, however, need correction. That is, the letter
designation of the overlay should come first, followed by the description in parenthesis, as in the
first two sub-items.
Page 24, Section 5: Same comment as for Title 20: this subsection should be eliminated and
combined with Subsection 21.62.020B.2.c.
Planning Commission - June 18, 2020
Item No. 5a Additional Materials Received
Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)
Zoning Code and
LCP Amendments
Corrections & Clarifications
Planning
Commission
Public Hearing
June 18, 2020
Planning Commission - June 18, 2020
Item No. 5b Additional Materials Presented at Meeting
Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)
Zoning Code
and LCP
Amendments
Summary of Proposed Amendments
Component of
Amendment
Title 20
ZC
Title 21
LCP
Purpose
Minimum lot size
exception
X Provide consistency with Title 20
Overlay districts X X Clarify overlay districts that may
be less restrictive than base zone
Notice of public
hearing
X X Clarify noticing requirements
when large number of properties
affected is consistent with State
law.
Code amendment
processing
X Clarify procedural requirements
for processing Zoning Code
amendments
Community Development Department -Planning Division 2
Planning Commission - June 18, 2020
Item No. 5b Additional Materials Presented at Meeting
Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)