HomeMy WebLinkAbout2020-72 - Authorizing 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 ProvRESOLUTION NO. 2020-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
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)
WHEREAS, Section 200 of the City of Newport Beach Charter ("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 for that portion of the coastal zone
within its jurisdiction;
WHEREAS, 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;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Pian 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;
WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation
Plan) ("LCP Amendment") is necessary to provide clarification and corrections, and to
resolve inconsistencies between Title 21 and Title 20 (Planning and Zoning) of the NBMC;
WHEREAS, on April 23, 2019, the City Council adopted Resolution No. 2019-41
initiating the LCP Amendment;
Resolution No. 2020-72
Page 2 of 5
WHEREAS, both Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) include minimum lot size standards for newly created
residential lots for new residential subdivisions, however, many of the lots of 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);
WHEREAS, many of the lots do not meet current minimum lot sizes and
dimensions and over time, some lots have been combined or reconfigured from their
original subdivision pattern;
WHEREAS, 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, however, this provision was
inadvertently left out of Title 21 (Local Coastal Program Implementation Plan);
WHEREAS, Section 21.28.10 (Purposes of Overlay Coastal Zoning Districts) of
the NBMC inadvertently states that the more restrictive standard of the underlying coastal
zoning district or applicable overlay apply, however, overlays may apply which allow a
different standard that might be less restrictive than the underlying zone;
WHEREAS, for instance, the Height Overlay District allows a greater building
height that is less restrictive if certain conditions are met;
WHEREAS, additionally, the Parking Management Overlay authorizes the
establishment of a Parking Management District that allows reduced parking
requirements than that of the base zoning standards;
WHEREAS, 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;
WHEREAS, Section 21.62.020 (Notice of Public Hearing) of the NBMC provides
noticing requirements for project applications requiring a public hearing including:
publication 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;
Resolution No. 2020-72
Page 3 of 5
WHEREAS, in lieu of mailed notice, Subsection 21.62.020(B)(4) (Method of Notice
Distribution) of the NBMC authorizes the Community Development Director to choose an
alternative notice procedure, as specified by State law;
WHEREAS, 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;
WHEREAS, in addition, the Code Amendment will specify that the Community
Development Director may choose to provide additional notice of a hearing in any other
manner deemed necessary;
WHEREAS, a telephonic public hearing was held by the Planning Commission 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 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-025 (6 ayes, 0 no) recommending to the City Council adoption of LCP
Amendment No. LC2019-001;
WHEREAS, a telephonic public hearing was held by the City Council on July 28,
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 21.62 (Public Hearings) of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the City Council at this public hearing;
and
WHEREAS, 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, drafts of LCP Amendment No. LC2019-001 were made
available and a notice of availability was distributed at least six weeks prior to the City
Council public hearing.
Resolution No. 2020-72
Page 4 of 5
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize City staff to submit LCP
Amendment No. LC2019-001 to the California Coast Commission for review and
approval, as set forth in Exhibit "A", which is attached hereto and incorporated herein by
reference.
Section 2: The Local Coastal Program including the proposed LCP Amendment
No. LC2019-001, will be carried out in full conformance with the California Coastal Act of
1976 as set forth in the California Public Resources Code Section 30000 et seq.
Section 3: LCP Amendment No. LC2019-001 shall not become effective until
approved and adopted by the California Coastal Commission, including any modifications
suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council.
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.
Section 6: The City Council finds the adoption of this resolution is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 21065 of the California Public Resources Code and Sections 15060(c)(2),
15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter
3 ("CEQA Guidelines"). 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. The LCP
Amendment itself does not authorize development that would directly result in physical
change to the environment.
Resolution No. 2020-72
Page 5of5
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 28th day of July 2020.
WILL O'NEILL
Mayor
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit A - Proposed Amendment to the City of Newport Beach Local
Coastal Program Related to Provisions Related to Minimum Lot Size and Dimensions,
Overlays and Public Hearing Notice Requirements (LC2019-001)
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 (LC2019-001)
Section 1: Add Note 6 and amend the Lot Area row of Table 21.18-2 of Section
21.18.030 (Residential Coastal Zoning Districts General Development Standards) of
Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code to read as follows:
Development
Feature
R -A
R-1
R-1-6,000
Additional Requirements
Lot Area (1) (6):
- R -BI
R-2
R-2-6,000
Requirements
Corner lot
87,120 sq.
6,000 sq. ft.
6,000 sq. ft.
Corner lot
ft.
6,000 sq.
6,000 sq. ft.
Interior lot
87,120 sq.
5,000 sq. ft.
6,000 sq. ft.
Interior lot
ft.
5,000 sq.
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: Add Note 6 and amend the Lot Area row of Table 21.18-3 of Section
21.18.030 (Residential Coastal Zoning Districts General Development Standards) of
Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code to read as follows:
Additional
Development Feature
- R -BI
R-2
R-2-6,000
Requirements
Lot Area (1)(2)(3)(6):
Corner lot
2,375 sq.
6,000 sq.
6,000 sq. ft.
ft.
ft.
Interior lot
2,375 sq.
5,000 sq.
6,000 sq. ft.
ft. -
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 3: Add Note 8 and amend the Lot Area row of Table 21.18-4 of Section
21.18.030 (Residential Coastal Zoning Districts General Development Standards) of
Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal
Code to read as follows:
Development Feature
RM
RM -6,000
I 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 the introductory paragraph of Section 21.28.010 (Purposes of
Overlay Coastal Zoning Districts) of Chapter 21.28 (Overlay Coastal Zoning Districts
(MHP, PM, B, C and H)) of Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code to read as follows. In all other respects, Section 21.28.010
shall remain unchanged:
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)(2)(c) (Nearby Property Owners) of
Chapter 21.62 (Public Hearing) Title 21 (Local Coastal Program Implementation Plan) of
the Newport Beach Municipal Code to read as follows:
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 roll 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 in compliance
with 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);
Section 6: Subsection 21.62.020(B)(4) (Alternative to Mailing) is repealed and
replaced with a new Subsection 21.62.020(B)(4) (Additional Notice) of Chapter 21.62
(Public Hearings) Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code as follows:
4. Additional Notice. The Director may provide additional notice of the hearing in any
other manner deemed necessary.
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. 2020-72, was duly introduced before and adopted by the City Council of said City at a regular
meeting'of said Council held on the 28th day of July, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29th day of July, 2020.
/V V Vli 1
Leilani I. Brown
City Clerk
Newport Beach, California