HomeMy WebLinkAbout15 -Amending the City's Local Coastal Program for Consistency (LC2017-002)Q SEW Pp�T
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c�<,FORN'P City Council Staff Report
February 12, 2019
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: Patrick J. Alford, Planning Program Manager
palford newportbeachca.gov
PHONE: 949-644-3235
TITLE: Introduction of an Ordinance Amending the City's Local Coastal
Program for Consistency (LC2017-002)
ABSTRACT -
The City Council will consider approval of a resolution and an ordinance amending the
City's certified Local Coastal Program (LCP) to correct and clarify LCP Implementation
Plan regulations relating to shoreline protective devices, height limits, modifications and
variances. The purpose of the amendment is to ensure that both the City's LCP
Implementation Plan (Title 21) and the Zoning Code (Title 20) are consistent with each
other and reduce conflicting code sections. The amendments have been approved by
the California Coastal Commission and the attached ordinance will amend the Newport
Beach Municipal Code (NBMC) incorporating the amendments into Title 21.
RECOMMENDATION:
a) Conduct a public hearing;
b) Find the action statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title
14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local
governments from the requirements of preparing an environmental impact report or
otherwise complying with CEQA in connection with the adoption of a Local Coastal
Program;
c) Adopt Resolution No. 2019-16, A Resolution of the City Council of the City of Newport
Beach, California, Amending Policy 4.4.2-1 of City of Newport Beach Local Coastal
Program Coastal Land Use Plan to Approve Local Coastal Program Amendment
No. LC2017-002, as Modified by the California Coastal Commission; and
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2019-5, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Title 21 of the Newport Beach Municipal Code to Approve Local Coastal
Program Amendment No. LC2017-002, as Modified by the California Coastal
Commission, and pass to second reading on February 26, 2019.
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Introduction of an Ordinance Amending the City's Local Coastal Program
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February 12, 2019
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FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Background
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. At the time, however, the City recognized that certain revisions would
be necessary to ensure consistency between Titles 20 and 21. Additionally, new land
use and property regulations were adopted between the time the LCP was originally
submitted for review to when it was ultimately certified by the Coastal Commission that
must be incorporated into the LCP for consistency.
On September 12, 2017, the City Council adopted Resolution No. 2017-56 authorizing
the submittal of the amendment to the California Coastal Commission (Coastal
Commission). The amendments address: restoring height limit exceptions, shoreline
protective devices, additions to nonconforming structures, and modifications and
variances, all of which are discussed in greater detail below. Resolution No. 2017-56
specified that the amendment shall not become effective until approval by the Coastal
Commission and adoption, including any modifications suggested by the Coastal
Commission, by resolution(s) and/or ordinance(s) of the City Council. On December 12,
2018, the Coastal Commission approved the amendment with modifications and provided
City staff with a redline of the proposed ordinance (see Attachment C).
Analysis
As indicated above, when the City's LCP was certified by the Coastal Commission, the
City recognized that certain issues would be addressed through follow-up LCP
amendments. Staff's goal is to ensure that both Title 20 and Title 21 are consistent and
do not conflict with each other. This amendment (No. LC2017-002) is a clean-up
amendment intended to fix, clarify and correct those conflicts that exist.
City staff worked with the Coastal Commission staff on modifications to the amendment
to address their concerns. This collaboration resulted in modifications that were mutually
acceptable and were ultimately approved by the Coastal Commission as "suggested
modifications." The City Council must either accept or reject these suggested
modifications. If the City Council rejects the suggested modifications, the City would need
to process a new LCP amendment and obtain Coastal Commission approval.
Restoring Height Limit Exceptions
Sections 21.30.060(C) and 21.30.060(D) have been revised to allow a height limit
exception. As background, the City adopted the Shoreline Height Limitation Ordinance in
1972, which established the 35 -foot Shoreline Height Limitation Zone. However, then as
now, there were allowed projections, including 5 -foot roof peaks and structural
appurtenances, such as chimneys, flagpoles, vents, and mechanical equipment.
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Introduction of an Ordinance Amending the City's Local Coastal Program
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February 12, 2019
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At the time when the City received certification of the LCP, one of the unintended
consequences of the Coastal Commission's modification of the LCP was to eliminate
these common height exceptions in the Shoreline Height Limitation Zone including areas
where the maximum height limit is well below 35 feet. For example, the R -A, R-1, R -BI,
and R-2 Coastal Zoning Districts Height Limit Area have a 24 -foot height limit for flat roofs
and a 29 -foot height limit for sloped roofs. The amendment to the LCP for Council
consideration restores the exceptions to the 35 -foot Shoreline Height Limitation Zone that
have been in the Zoning Code since 1972.
In addition, the amendment includes a new exception that allows government structures
to exceed the height limit subject to the approval of a coastal development permit, if the
increase in height is necessary for the facility to function. Examples include lifeguard
towers, tsunami -warning sirens, and architectural design features that accommodate
emergency vehicles or essential equipment.
Finally, the amendment modifies Coastal Land Use Plan Policy 4.4.2-1 to reflect these
exceptions.
CCC Suggested Modifications: Coastal Commission staff was concerned about potential
impacts to the coastal views and the visual quality of the coastal zone. To address these
concerns, City staff proposed additional language to make it clear that exceptions to the
Shoreline Height Limitation Zone are only permitted when the development is designed and
sited to protect coastal views, is visually compatible with the character of surrounding areas
and, where feasible, to restore and enhance visual quality in visually degraded areas.
The proposed NBMC Section 21.30.060(C)(2)(f) provides for the height limits established
by Planned Community (PC) Districts. This new section requires PC Districts within the
Shoreline Height Limit Area adhere to the maximum 35 -foot height limit. Although this may
supersede an existing higher PC District height limit, it is consistent with the City Council's
direction that Shoreline Height Limit Area PC Districts conform to the 35 -foot height limit
maximum. Staff has reviewed PC Districts within the Shoreline Height Limit Area and found
no conflict with this restriction.
Finally, NBMC Section 21.30.060(D)(1) sets a 70 -foot maximum height limit for structures
used as places of worship within the Shoreline Height Limitation Area, which helps maintain
the character of this area and sets a limit where there was previously no limit. This height
limit exception continues to require a coastal development permit and requires findings that
the development protects coastal views, is visually compatible with the character of
surrounding areas and, where feasible, restores and enhances visual quality in visually
degraded areas.
Shoreline Protective Devices
As a condition of approval of a new development, NBMC Section 21.30.015(E)(5) currently
requires the applicant enter into an agreement with the City waiving any potential right to
future protection in shoreline hazardous areas. The proposed amendment strikes a portion
of Section 21.30.015(E)(5) to ensure consistency with NBMC Section 21.30.030(C)(3).
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Adding the same qualification of NBMC Section 21.30.030(C)(3) to NBMC Section
21.30.015(E)(5) will provide internal consistency within Title 21.
CCC Suggested Modifications: Coastal Commission staff was concerned that the
amendment would create confusion with other protective devices, such as caissons,
retaining walls, shotcrete, etc. City and Coastal Commission staff were able to reconcile this
by removing the proposed qualifying language and adding a reference to Section NBMC
21.30.030(C)(3) instead.
Additions to Nonconforming Structures
Currently, NBMC Section 21.38.040(G) permits expansion of nonconforming residential
structures up to 50% with a coastal development permit. Section 21.38.040(G) has been
revised to incorporate specific criteria, set forth below, in order to expand nonconforming
residential structures. Additionally, the City adopted an increase from 50% to 75% for the
expansion of nonconforming residential structures after the submission of the LCP to the
Coastal Commission for certification.
CCC Suggested Modifications: Coastal Commission staff was concerned that extending
the life of nonconforming structures may be inconsistent with the certified LCP. City staff
was able to address this concern by adding restrictions that would only allow the addition if
the nonconforming structure does not significantly impact public access or impair public
views, conforms to coastal resource protection development regulations and is not located
within an area identified as hazardous due to erosional factors or coastal hazards. Language
was also added requiring the review authority for the coastal development permit consider
whether there is an opportunity to restore or enhance visual quality in a visually degraded
area, visual compatibility with the character of the surrounding area and whether the
nonconforming structure is architecturally or historically significant.
Modifications and Variances
Section 21.52.090 "Relief from Implementation Plan Development Standards" was added
to allow for relief from the City's development standards when special circumstances
result in hardships or the loss of property rights provided that such relief from the
development standards will not result in an adverse effect on coastal resources.
Currently, the basis for considering modifications and variances when reviewing coastal
development permit applications was not clearly defined. The addition of Section
21.52.090 will allow coastal development permits to include relief from zoning regulations
authorized by modifications and variances. It does not allow modification/waiver of land
use controls, density/intensity limits, procedural requirements or specific prohibitions
(e.g., prohibitions intended to protect coastal resources, prohibited barriers to public
access, limits on the use of protective structures, prohibited materials, prohibited plant
species, prohibited signs, etc.). The amendment also includes additional findings for the
protection of coastal resources and no conflicts with applicable policies of the certified
LCP.
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February 12, 2019
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CCC Suggested Modifications: Coastal Commission staff was concerned about potential
impacts to coastal resources. To address these concerns, City staff proposed additional
required findings that the modification or variance not result in significant impacts to public
access and coastal views. City staff also proposed language requiring the reviewing
authority to consider whether the development is consistent with the certified LCP to the
maximum extent feasible and feasible alternatives that would provide greater consistency
with the certified LCP and/or that are more protective of coastal resources.
ENVIRONMENTAL REVIEW:
Pursuant to the authority and criteria contained in the California Environmental Quality
Act ("CEQA"), LCP Amendment No. LC2017-002 is statutorily exempt from CEQA
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and
Chapter 3 of the Coastal Act, Section 15265(a)(1), which exempts local governments from
the requirements of preparing an environmental impact report or otherwise complying
with CEQA in connection with the adoption of a Local Coastal Program.
NOTICING:
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement, consistent with the provisions of the Municipal Code. The item also
appeared on the agenda for this meeting, which was posted at City Hall and on the City
website. Additionally, notice was sent to all persons and agencies on the Notice of the
Availability mailing list.
ATTACHMENTS:
Attachment A — Resolution No. 2019-16
Attachment B — Ordinance No. 2019-5
Attachment C — Coastal Commission Action Letter and Suggested Modifications
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ATTACHMENT A
RESOLUTION NO. 2019-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING POLICY 4.4.2-1
OF CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM
COASTAL LAND USE PLAN TO APPROVE LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2017-002, AS MODIFIED BY
THE CALIFORNIA COASTAL COMMISSION (PA2017-047)
WHEREAS, Section 30500 of the 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 California Coastal Commission ("Coastal Commission") effectively
certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed
coastal development permit -issuing authority on January 30, 2017;
WHEREAS, LCP Amendment No. LC2017-002 is necessary to correct and clarify LCP
Implementation Plan regulations relating to shoreline protective devices, height limits and
modifications and variances;
WHEREAS, a public hearing was held by the Planning Commission of the City of
Newport Beach on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, California. A notice of time, place and purpose of the public hearing was given
in accordance with California Government Code Section 54950 et. seq. ("Ralph M. Brown Act"),
Chapter 20.62 of the Newport Beach Municipal Code ("NBMC"), and Title 14 of the California
Code of Regulations ("CCR") Section 13515. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at this public hearing. At the conclusion of the
public hearing, the Planning Commission voted (5 ayes, 1 nay, 1 absent) to adopt Planning
Commission Resolution No. 2055, recommending City Council approval of LCP Amendment
No. LC2017-002;
WHEREAS, public hearings were held by the City Council of the City of Newport Beach
("City Council") on July 11, 2017, and September 12, 2017, in the Council Chambers located
at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public hearing was given in accordance with the Ralph M. Brown Act, NBMC and 14 CCR
Section 13515. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing;
WHEREAS, pursuant to 14 CCR Section 13515, review drafts of LCP Amendment No.
LC2017-002 were made available and a notice of the availability was distributed a minimum of six
weeks prior to the City Council public hearing;
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Resolution No. 2019 -
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WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 2017-56
authorizing the submittal of LCP Amendment No. LC2017-002 to the Coastal Commission;
WHEREAS, Resolution No. 2017-56 specified that LCP Amendment No. LC2017-002
shall not become effective until approval by the Coastal Commission and adoption, including any
modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council;
WHEREAS, at the July 11, 2018 Coastal Commission hearing in Scotts Valley, California,
the Coastal Commission approved the first part of the LCP Amendment No. LC2017-002 with
modifications;
WHEREAS, on November 13, 2018, the City Council adopted Ordinance No. 2018-16
approving the first part of LCP Amendment No. LC2017-002 with the Coastal Commission
modifications;
WHEREAS, at the December 12, 2018 Coastal Commission hearing in Newport Beach,
California, the Coastal Commission approved, with modifications, LCP Amendment Request No.
4-17 Part C (LCP-5-NPB-17-0084-1), which contained the remaining portions of LCP Amendment
No. LC2017-002; and
WHEREAS, a public hearing was held on February 12, 2019, in the Council Chambers
located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the
hearing was given in accordance with the Ralph M. Brown Act, NBMC and California Public
Resources Code Section 30503. 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 of the City of Newport Beach, California, hereby amends
Policy 4.4.2-1 of the LCP Coastal Land Use Plan to adopt LCP Amendment No. LC2017-002
with Coastal Commission's suggested modifications, which shall read as follows:
4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as
graphically depicted on Map 4-3, with the exceptions described below. As with all
permitted development, exceptions to the Shoreline Height Limitation Zone shall
only be allowed when it is designed and sited to protect existing views to and
along the ocean and scenic coastal areas, to be visually compatible with the
character of surrounding areas, and, where feasible, to restore and enhance
visual quality in visually degraded areas.
A. The peaks of sloped roofs shall be permitted to exceed the height limit by
five feet.
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B. Structures used as places of worship may be allowed to exceed the height
limit up to a maximum of 70 feet.
C. Governmental facilities may be allowed to exceed the height limit where
the increase in height is necessary to accommodate design features
required for the facility to function, such as lifeguard towers, tsunami
warning sirens, and architectural design features that accommodate
emergency vehicles or essential equipment.
D. Boat cranes used in conjunction with an approved marine -oriented
nonresidential use may be allowed to exceed the height limit up to a
maximum operating height of 70 feet.
E. Chimneys and vents, dormers, elevator shafts, enclosed stairwells,
mechanical equipment, skylights and roof windows and other similar
fixtures and exterior structures may be permitted to exceed the height limit
when required by building or safety codes and/or when regulated by the
certified Local Coastal Program Implementation Plan to insure appropriate
proportionality with the main structure.
F. Flagpoles mounted on tops of buildings located in nonresidential coastal
zoning districts may be allowed to exceed the height limit by up to 20 feet.
G. Light Standards may be permitted to exceed the height limit to the
minimum height required to effectively illuminate the subject area.
H. An alternation or addition to a landmark building may be allowed to exceed
the height limit by up to 20 feet.
I. Solar equipment and panels used for the production of solar energy are
not subject to the height limit pursuant to State law.
J. Telecom facilities may be permitted to exceed the height limit up to a
maximum of 15 feet.
K. Site -Specific Exceptions:
1. Marina Park located at 1600 West Balboa Boulevard: A single, up to
maximum 73 -foot -tall faux lighthouse architectural tower, that creates
an iconic landmark for the public to identify the site from land and water
as a boating safety feature, may be allowed. No further exceptions to
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Resolution No. 2019 -
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the height limit shall be allowed, including but not limited to, exceptions
for architectural features, solar equipment or flag poles. Any
architectural tower that exceeds the 35 -foot height limit shall not
include floor area above the 35 -foot height limit, but shall house
screened communications or emergency equipment, and shall be sited
and designed to reduce adverse visual impacts and be compatible with
the character of the area by among other things, incorporating a
tapered design with a maximum diameter of 34 -feet at the base of the
tower. Public viewing opportunities shall be provided above the 35 -feet,
as feasible. (Resolution 2013-44).
2. Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street:
• At least 75% of the total area of the site shall be 35 feet in height or
lower.
• Buildings and structures up to 55 feet in height with the peaks of
sloping roofs and elevator towers up to 60 feet in height, provided
it is demonstrated that development does not adversely impact
public views.
• Architectural features such as domes, towers, cupolas, spires, and
similar structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in height, including
architectural features, shall not occupy more than 25 percent of the
total area of the site.
• Buildings and structures over 45 feet in height, architectural
features, shall not occupy more than 15 percent of the total area of
the site.
• With the exception of a fire station, all buildings and structures over
35 feet in height, including architectural features, shall be setback
a minimum of 60 feet from the Newport Boulevard right-of-way and
70 feet from the 32nd Street right-of-way.
• A fire station may be located in its current location and may be up
to 40 feet in height. A fire station may include architectural features
up to 45 feet in height to house and screen essential equipment.
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• The purpose of allowing limited exceptions to the 35 -foot height limit
on this site is to promote vertical clustering resulting in increased
publically accessible on-site open space and architectural diversity
while protecting existing coastal views and providing new coastal
view opportunities. (Resolution 2016-29).
Section 2: The LCP, including LCP Amendment No. LC2017-002, will be carried out fully
in conformity with the California Coastal Act.
Section 3: The City Council hereby authorizes City staff to submit this resolution for
determination by the Executive Director of the Coastal Commission that this action is legally
adequate to satisfy the specific requirements of Coastal Commission's December 12, 2018 action
on LCP Amendment Request No. 4-17 Part C (LCP-5-NPB-17-0084-1).
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: Pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-002 is statutorily exempt
from CEQA pursuant to Section 15265(a)(1) of Title 14 of the California Code of Regulations,
and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from
the requirements of preparing an environmental impact report or otherwise complying with
CEQA in connection with the adoption of a Local Coastal Program.
Section 7: This resolution shall not become effective for thirty (30) days and until, the
Executive Director of the Coastal Commission certifies that this resolution complies with the
Coastal Commission's December 12, 2018 action on LCP Amendment Request No. 4-17 Part
C (LCP-5-NPB-17-0084-1).
ADOPTED this 12th day of February, 2019.
Diane B. Dixon
Mayor
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Resolution No. 2019 -
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ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITYAJTORNEY'S OFFICE
Raro C. Harp
City ttorney
15-11
ATTACHMENT B
ORDINANCE NO. 2019- 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21
ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN" OF THE NEWPORT BEACH MUNICIPAL CODE TO
APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO.
LC2017-002, AS MODIFIED BY THE CALIFORNIA COASTAL
COMMISSION (PA2017-047)
WHEREAS, Section 30500 of the 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 California Coastal Commission ("Coastal Commission") effectively
certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed
coastal development permit issuing authority on January 30, 2017;
WHEREAS, LCP Amendment No. LC2017-002 is necessary to correct and clarify LCP
Implementation Plan regulations relating to shoreline protective devices, height limits and
modifications and variances;
WHEREAS, a public hearing was held by the Planning Commission of the City of
Newport Beach on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, California. A notice of time, place and purpose of the public hearing was given
in accordance with California Government Code Section 54950 et. seq. ("Ralph M. Brown Act"),
Newport Beach Municipal Code ("NBMC") and Title 14 of the California Code of Regulations
("CCR") Section 13515. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing. At the conclusion of the public hearing, the
Planning Commission voted (5 ayes, 1 nay, 1 absent) to adopt Planning Commission
Resolution No. 2055, recommending City Council approval of LCP Amendment No. LC2017-
002;
WHEREAS, public hearings were held by the City Council of the City of Newport Beach
("City Council") on July 11, 2017, and September 12, 2017, in the Council Chambers located
at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the public hearing was given in accordance with the Ralph M. Brown Act, NBMC and 14 CCR
Section 13515. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing;
WHEREAS, pursuant to 14 CCR Section 13515, review drafts of LCP Amendment No.
LC2017-002 were made available and a notice of the availability was distributed a minimum of six
weeks prior to the City Council public hearing;
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Ordinance No. 2019 -
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WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 2017-56
authorizing the submittal of LCP Amendment No. LC2017-002 to the Coastal Commission;
WHEREAS, Resolution No. 2017-56 specified that LCP Amendment No. LC2017-002
shall not become effective until approval by the Coastal Commission and adoption, including any
modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the
City Council;
WHEREAS, at the July 11, 2018 Coastal Commission hearing in Scotts Valley, California,
the Coastal Commission approved the first part of the LCP Amendment No. LC2017-002 with
modifications;
WHEREAS, on November 13, 2018, the City Council adopted Ordinance No. 2018-16
approving the first part of LCP Amendment No. LC2017-002 with the Coastal Commission
modifications;
WHEREAS, at the December 12, 2018, Coastal Commission hearing in Newport Beach,
California, the Coastal Commission approved, with modifications, LCP Amendment Request No.
4-17 Part C (LCP-5-NPB-17-0084-1), which contained the remaining portions of LCP Amendment
No. LC2017-002; and
WHEREAS, on February 12, 2019, the City Council held a public hearing in the Council
Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose
of the hearing was given in accordance with the Ralph M. Brown Act, NBMC and California Public
Resources Code Section 30503. 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 hereby ordains as
follows:
Section 1: The City Council of the City of Newport Beach, California, hereby amends
Title 21 entitled "Local Coastal Implementation Plan" of the NBMC to adopt LCP Amendment
No. LC2017-002 with Coastal Commission's suggested modifications, as attached in Exhibit
A, and incorporated herein by reference.
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Section 2: NBMC Section 21.30.015(E)(5) is hereby amended to read as follows:
5. Waiver of Future Protection. As a condition of approval of new development, the
review authority shall require an agreement between an applicant, including its successors
and assigns, and the City in favor of the City, in a form approved by the City Attorney, and
recorded by the applicant, waiving any potential right to future protection to address
situations in the future in which development is threatened with damage or destruction from
waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise,
or other natural hazards. The applicant shall agree to:
a. Never construct structures or features over the economic life of the development
to protect the development; and
b. Remove and relocate all portions of a development, including associated fallen
debris at the base of a bluff or canyon and/or State tidelands, if a government
agency determines that the development is hazardous or a threat to the public.
Bulkheads are subject to the requirements and limitations in Section 21.30.030(C)(3)(i).
Section 3: NBMC Section 21.30.60(C) is hereby amended to read as follows:
1. Procedure. The height limits established in Part 2 of this Implementation Plan
(Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards)
may be increased within specified areas with approval of a coastal development permit
when all applicable findings are met in compliance with subsection (C)(3) of this section
(Required Findings).
2. Height Limit Areas. The height limit areas shall be as follows:
a. R -A, R-1, R -BI, and R-2 Coastal Zoning Districts Height Limit Area. In this
height limit area the base height limit for structures with flat roofs is twenty-
four (24) feet (including guardrails and parapet walls) and the base height
limit for structures with sloped roofs is twenty-nine (29) feet. The height of
a structure may be increased up to a maximum of twenty-eight (28) feet
with a flat roof or thirty-three (33) feet with a sloped roof through the
approval of a coastal development permit as provided above. This height
limit applies in all R -A, R-1, R -BI, and R-2 Coastal Zoning Districts as
shown on the Coastal Zoning Map.
b. RM Coastal Zoning District Height Limit Area. In this height limit area the
base height limit for structures with flat roofs is twenty-eight (28) feet
(including guardrails and parapet walls) and the base height limit for
structures with sloped roofs is thirty-three (33) feet. The height of a
structure may be increased up to a maximum of thirty-two (32) feet with a
flat roof or thirty-seven (37) feet with a sloped roof through the approval of
a coastal development permit as provided above. This height limit applies
in the RM Coastal Zoning District as shown on the Coastal Zoning Map.
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Ordinance No. 2019 -
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C. Nonresidential, Shoreline Height Limit Area. In this height limit area the
base height limit for nonresidential and mixed-use structures with flat roofs
is twenty-six (26) feet and the base height limit for structures with sloped
roofs is thirty-one (31) feet. The height of a structure may be increased up
to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with a
sloped roof through the approval of a coastal development permit
application as provided above. The shoreline height limit shall apply to all
nonresidential coastal zoning districts and mixed-use coastal zoning
districts within the boundaries of the Shoreline Height Limit Area shown
on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in
Part 8 (Maps) of this Implementation Plan).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area
the base height limit for nonresidential and mixed-use structures with flat
roofs is thirty-two (32) feet and the base height limit for structures with
sloped roofs is thirty-seven (37) feet. The height of a structure may be
increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55)
feet with a sloped roof through the approval of a coastal development
permit as provided above. This height limit shall apply to all nonresidential,
nonshoreline coastal zoning districts and mixed-use coastal zoning
districts within its boundaries. The nonresidential, nonshoreline height limit
area is identified as all of the area outside the Shoreline Height Limit Area
shown on the High Rise and Shoreline Height Limit Areas Map (See Map
H-1 in Part 8 (Maps) of this Implementation Plan).
e. High Rise Height Area. In this height limit area, the maximum height limit
shall be three hundred (300) feet and no further increase to the maximum
allowed height is available. This height limit is applicable to all
nonresidential coastal zoning districts within its boundaries as indicated
on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in
Part 8 (Maps) of this Implementation Plan).
f. Planned Communities Coastal Zoning District. Height limits established as
part of an adopted planned community shall be as specified in Section
21.26.055 (Planned Community Coastal Zoning District Development
Standards). If a PC District is located within the Shoreline Height Limit
Area, per Map H-1, the height of a structure may be increased through the
approval of a coastal development permit application as provided above,
up to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with
a sloped roof notwithstanding any other higher height limit identified in a
PC District.
3. Required Findings. The review authority may approve a coastal development
permit to allow an increase in the height of a structure above the base height limit only
after first making all of the following findings in addition to the findings required in Section
21.52.015(F):
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a. The project is sited and designed to protect public views to and along the
ocean and scenic coastal areas; and
b. The project is sited and designed to minimize visual impacts and be
visually compatible with the character of surrounding areas; and
C. Where feasible, the project will restore and enhance visual quality in
visually degraded areas.
Section 4: NBMC Section 21.30.60(D) is hereby amended to read as follows:
D. Exceptions to Height Limits. In cases where the exception to a height limit
requires the approval of a coastal development permit, the review authority may approve
a coastal development permit to allow an increase in the height of a structure above the
base height limit as described below only after first making all of the findings in
subsection C(3) of this section, in addition to the findings required in Section
21.52.015(F).
1. Assembly and Meeting Facilities. Structures used as places of worship
may be allowed to exceed the height limit subject to the approval of a coastal
development permit in compliance with Chapter 21.52 (Coastal Development
Review Procedures). Where more than one structure exists or is proposed for
the site, only the principal structure shall be eligible for approval to exceed the
maximum height limit. No increase above seventy (70) feet may be authorized
within the Shoreline Height Limit Area.
2. Architectural Features. Architectural features (e.g., cupolas,
weathervanes, and other decorative rooftop features) of an open nature, but
excluding guardrails, parapet walls, and similar features, may be allowed up to
the height limit for a sloped roof. Architectural features with a height greater than
that allowed for a sloped roof shall be subject to the approval of a coastal
development permit in compliance with Chapter 21.52 ( Coastal Development
Review Procedures).
3. Boat Cranes. Boat cranes used in conjunction with an approved
marine -oriented nonresidential use may be allowed to exceed the maximum
height limit up to a maximum operating height of seventy (70) feet, subject
to the approval of a coastal development permit in compliance with Chapter
21.52 (Coastal Development Review Procedures).
4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof -
mounted vents shall be allowed to exceed the allowed height limits as follows:
a. Chimneys may extend above the allowed height limit a maximum of
two feet or a greater height if required by the City's Building Code;
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b. Spark arrestors may extend above the top of a chimney a maximum
of two feet, provided they do not exceed a width of two feet and a
length of four feet; and
C. Roof -mounted vents may extend above the allowed height limit a
maximum of twelve (12) inches or a greater height if required by the
City's Building Code.
5. Dormers. Dormers may be allowed to exceed the maximum height;
provided, that:
a. The total width of the dormer that exceeds the height limit shall not
be greater than thirty-five (35) percent of the length of the side of the
structure where the dormer is located;
b. The roof pitch of the dormer shall not be less than 2:12; and
C. The peak of the dormer shall not be higher than the peak of the roof
on which it is located.
6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell
housings may exceed the allowed height limit by the minimum height required by
the California Building Code, provided they do not exceed thirty (30) square feet in
area, unless a larger elevator is required by the California Building Code and/or the
Fire Department. In these instances, the area of the elevator or stair housing shall
not exceed the minimum size required by the California Building Code and/or the
Fire Department. Elevator shafts and enclosed stairwell housings that exceed thirty
(30) square feet in area shall have sloped roofs with a minimum 3/12 pitch.
7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls,
and Retaining Walls) sets forth exceptions to height limits for these structures.
8. Flagpoles.
a. Ground -mounted flagpoles shall be allowed in residential coastal
zoning districts to a maximum height of twenty-eight (28) feet and in
nonresidential coastal zoning districts to a maximum height of thirty-
five (35) feet.
b. Flagpoles mounted on tops of buildings located in nonresidential
coastal zoning districts shall be allowed to exceed the maximum
height limit by up to twenty (20) feet.
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9. Landmark Structure. An alteration or addition to a landmark structure shall
be exempt from height limits; provided, that structural alterations or additions that
exceed the height of the existing structure shall require approval of a coastal
development permit in compliance with Chapter 21.52 (Coastal Development
Review Procedures) and shall not exceed a maximum of fifty-five (55) feet in
height. The coastal development permit may be approved only if all of the following
findings are first made in addition to those findings identified in Section
21.52.015(F):
a. The portion of the structural alteration or addition that exceeds the
height of the existing structure does not significantly impact public
views from public rights-of-way.
b. The portion of the structural alteration or addition that exceeds the
height of the existing structure will not be used in a manner that
increases the intensity of the use of the landmark building.
C. The allowed height of the landmark building will not be detrimental
to the health, safety, peace, comfort, or general welfare of persons
residing or working in the neighborhood of the landmark building.
10. Light Standards. Light standards may be allowed to exceed maximum
height limits, subject to the approval of a coastal development permit in
compliance with Chapter 21.52 (Coastal Development Review Procedures). All
light fixtures and standards shall comply with the requirements of Section
21.30.070 (Outdoor Lighting).
11. Mechanical Equipment.
a. Nonresidential Coastal Zoning Districts. In nonresidential coastal
zoning districts, roof -mounted mechanical equipment, totaling not
more than thirty (30) percent of the total roof area, including required
screening devices, shall be allowed to exceed the maximum height
limit by up to five feet.
b. Residential Coastal Zoning Districts. In residential coastal zoning
districts, roof -mounted equipment is not allowed to exceed the
maximum height limit for the coastal zoning district.
12. Solar Equipment. The height limit regulations in this Implementation Plan
do not apply to equipment and panels used for the production of solar energy,
pursuant to State law.
13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to
exceed the maximum height limit by up to six inches on conforming roofs.
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14. Marina Park Lighthouse Feature. A single, up to maximum seventy-three
(73) foot tall, faux lighthouse architectural tower, that creates an iconic landmark
for the public to identify the site (1600 West Balboa Boulevard) from land and
water as a boating safety feature, may be allowed. No further exceptions to the
height limit shall be allowed, including, but not limited to, exceptions for
architectural features, solar equipment or flagpoles. Any architectural tower that
exceeds the thirty-five (35) foot height limit shall not include floor area above the
thirty-five (35) foot height limit, but shall house screened communications or
emergency equipment, and shall be sited and designed to reduce adverse visual
impacts and be compatible with the character of the area by, among other things,
incorporating a tapered design with a maximum diameter of thirty-four (34) feet at
the base of the tower. Public viewing opportunities shall be provided above the
thirty-five (35) feet, as feasible.
15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and
47532 nd Street:
a. At least seventy-five (75) percent of the total area of the site shall
be thirty-five (35) feet in height or lower.
b. Buildings and structures up to fifty-five (55) feet in height with the
peaks of sloping roofs and elevator towers up to sixty (60) feet in
height provided it is demonstrated that development does not
adversely materially impact public views.
C. Architectural features such as domes, towers, cupolas, spires, and
similar structures may be up to sixty-five (65) feet in height.
d. Buildings and structures over thirty-five (35) feet in height, including
architectural features, shall not occupy more than twenty-five (25)
percent of the total area of the site.
e. Buildings and structures over forty-five (45) feet in height, including
architectural features, shall not occupy more than fifteen (15)
percent of the total area of the site.
With the exception of a fire station, all buildings and structures over
thirty-five (35) feet in height, including architectural features, shall
be set back a minimum of sixty (60) feet from the Newport
Boulevard right-of-way and seventy (70) feet from the 32nd Street
right-of-way.
g. A fire station may be located in its current location and may be up
to forty (40) feet in height.
h. A fire station may include architectural features up to forty-five (45)
feet in height to house and screen essential equipment.
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16. Government Facilities. Structures owned, operated, or occupied by the City
or other governmental agency to provide a governmental service to the public may
be allowed to exceed the height limit subject to the approval of a coastal
development permit in compliance with Chapter. 21.52 (Coastal Development
Review Procedures) where the increase in height is necessary to accommodate
design features required for the facility to function (e.g., lifeguard towers, tsunami
warning sirens, architectural design features that accommodate emergency
vehicles or essential equipment, etc.).
Section 4: NBMC Section 21.38.040(G) is hereby amended to read as follows:
G. Additions. Nonconforming structures may be expanded and the existing
nonconforming elements of the structure shall not be required to be brought into
compliance with the development standards of this Implementation Plan subject to the
following limitations and the limitations provided in Section 21.38.060 (Nonconforming
Parking):
The addition shall only be permitted if the nonconforming structure:
a. Does not block or impede public access to and along the sea or
shoreline and to coastal parks, trails, or coastal bluffs;
b. Does not block or impair public views to and along the sea or
shoreline or to coastal bluffs and other scenic coastal areas;
C. Conforms to coastal resource protection development regulations of
Section 21.28.040 (Bluff (B) Overlay District), Section 21.28.050
(Canyon (C) Overlay District), Section 21.30.030 (Natural Landform
and Shoreline Protection), Chapter 21.30A (Public Access and
Recreation), or Chapter 21.30B (Habitat Protection).
d. Is not located within an area identified as hazardous due to erosional
factors or coastal hazards.
2. Expansion shall be limited to a maximum of fifty (50) percent of the gross
floor area of the existing structure; expansion of residential structures may be
permitted up to a maximum of seventy-five (75) percent with the approval of a
coastal development permit. When reviewing an application for an expansion of a
nonconforming residential structure, the review authority shall consider:
a. Whether the nonconforming structure can be modified to, or
replaced with, a conforming structure that would restore or enhance
visual quality in a visually degraded area:
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b. Whether the nonconforming structure, with or without the proposed
addition, is visually compatible with the character of the surrounding
area; and
C. Whether the nonconforming structure is architecturally or historically
significant.
3. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the coastal zoning
district;
4. The addition shall comply with all applicable development standards and
use regulations of this Implementation Plan;
5. Additional parking shall be provided in compliance with Section 21.38.060
(Nonconforming Parking); and
6. The square footage of the required residential parking area additions
identified below shall be excluded from the allowed expansion under subsection
(G)(2) of this section, but shall be included as gross floor area.
Required
Maximum Excluded
Parking
Area
One -Car Garage
200 square feet,
maximum
Two -Car Garage
400 square feet,
maximum
Three -Car
600 square feet,
Garage
maximum
Section 5: The chapter titles and heading for NBMC Chapter 21.52 entitled "Coastal
Development Review Procedures" are hereby amended to read:
Chapter 21.52
COASTAL DEVELOPMENT REVIEW PROCEDURES
Sections:
21.52.010 Purpose.
21.52.015 Coastal Development Permits.
21.52.025 Emergency Coastal Development Permits.
21.52.035 Projects Exempt from Coastal Development Permit Requirements.
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21.52.045 Categorical Exclusions.
21.52.055 Waiver for De Minimis Development.
21.52.075 Coastal Commission Review of Recorded Access Documents.
21.52.090 Relief from Implementation Plan Development Standards.
Section 6: NBMC Section 21.52.090 entitled "Relief from Implementation Plan
Development Standards" is hereby added to Chapter 21.52 to read as follows:
21.52.090 Relief from Implementation Plan Development Standards.
A. Purpose. The purpose of this section is to provide relief from the development
standards of this Implementation Plan when so doing is consistent with the purposes of
the certified Local Coastal Program and will not have an adverse effect, either individually
or cumulatively, on coastal resources.
B. Applicability. Any development standard of this Implementation Plan may be
modified or waived through the approval of a coastal development permit, except:
allowed and prohibited uses; residential density; nonresidential floor area ratios; specific
prohibitions (for example, prohibitions intended to protect coastal resources, prohibited
barriers to public access, limits on the use of protective structures, prohibited materials,
prohibited plant species, prohibited signs, etc.); or procedural requirements.
1. Modifications. Minor deviations for the following development standards
may be permitted when practical difficulties associated with the property and that
the strict application of the Implementation Plan results in physical hardships:
a. Height modifications from exceptions identified in Part 3 of this title
(Site Planning and Development Standards). The following
modifications are limited to not more than a ten (10) percent
deviation from the standard being modified.
Chimneys, rooftop architectural features, and vents in
excess of the exception to the allowed height limits identified
in Part 3 of this title (Site Planning and Development
Standards);
Flag poles in excess of the exception to the allowed height
limits; and
iii. Heights of fences, hedges, or walls (except retaining walls).
b. Setback Modifications. The following modifications are limited to not
more than a ten (10) percent deviation from the standard being
modified.
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Encroachments in front, side, or rear setback areas while still
maintaining the minimum clearances required by Section
21.30.110 (Setback Regulations and Exceptions).
Exceptions include the following:
(A) Modifications shall not be allowed for encroachments
into alley setbacks; and
(B) Modifications shall not be allowed for encroachments
into bluff setback areas.
Structural appurtenances or projections that encroach into
front, side, or rear setback areas.
C. Sign Modifications. Modifications shall be allowed for an increase in
allowed number and area of signs and an increase in allowed height
modifications for pylon signs up to a maximum of 24 feet, and up to
a maximum of 8 feet for monument signs.
d. Retaining Wall Modifications. Modifications shall be allowed for an
increase in the allowed height of retaining walls up to a maximum of
10 feet.
e. Other Modifications. Except as otherwise provided, the following
modifications are not limited in the amount of deviation from the
standard being modified.-
Distances
odified:
Distances between structures located on the same lot;
Landscaping standards in compliance with Chapter
21.30.075 (Landscaping), except for subsection (13)(3);
iii. Size or location of parking spaces, access to parking spaces,
and landscaping within parking areas, provided the
modification does not result in an adverse impact to public
on -street parking spaces;
iv. Increase in allowed floor area of additions for uses that have
nonconforming parking; provided required parking for the
additional square footage is provided and other requirements
per Section 21.38.060 (Nonconforming Parking).
2. Variances. Waiver or modification of certain standards of this
Implementation Plan may be permitted when, because of special circumstances
applicable to the property, including location, shape, size, surroundings,
topography, or other physical features, the strict application of the development
15-23
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standards otherwise applicable to the property denies the property owner
privileges enjoyed by other property owners in the vicinity and in the same coastal
zoning district.
3. Modifications and Waivers Authorized Elsewhere. This section is not
applicable when a modification or waiver to a development standard is specifically
authorized elsewhere in this Implementation Plan.
C. Considerations. In reviewing a coastal development permit application for
development requesting a modification or variance, the review authority shall consider
the following:
1. Whether or not the development is consistent with the certified Local
Coastal Program to the maximum extent feasible; and
2. Whether or not there are feasible alternatives that would provide greater
consistency with the certified Local Coastal Program and/or that are more
protective of coastal resources.
D. Findings and Decision. The review authority may approve or conditionally approve
a modification or waiver to a development standard of this Implementation Plan only after
first making all of the following findings -
1 .
indings:
1. The granting of the modification is necessary due to practical difficulties
associated with the property and that the strict application of the Implementation
Plan results in physical hardships; or
2. The granting of the variance is necessary due to special circumstances
applicable to the property, including location, shape, size, surroundings,
topography, and/or other physical features, the strict application of the
development standards otherwise applicable to the property denies the property
owner privileges enjoyed by other property owners in the vicinity and in the same
coastal zoning district; and
3. The modification or variance complies with the findings required to approve a
coastal development permit in Section 21.52.015(F);
4. The modification or variance will
significantly impedes public access to
coastal parks, trails, or coastal bluffs;
not result in development that blocks or
and along the sea or shoreline and to
5. The modification or variance will not result in development that blocks or
significantly impairs public views to and along the sea or shoreline or to coastal
bluffs and other scenic coastal areas;
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Ordinance No. 2019 -
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6. The modification or variance will not result in development that has an
adverse effect, either individually or cumulatively, on coastal resources; including
wetlands, sensitive habitat, vegetation, or wildlife species; and
7. The granting of the modification or variance will not be contrary to, or in conflict
with, the purpose of this Implementation Plan, nor to the applicable policies of the
certified Local Coastal Program.
Section 7: The LCP, including LCP Amendment No. LC2017-002, will be carried out fully
in conformity with the California Coastal Act.
Section 8: The City Council hereby authorizes City staff to submit this ordinance for
determination by the Executive Director of the Coastal Commission that this action is legally
adequate to satisfy the specific requirements of Coastal Commission's December 12, 2018 action
on LCP Amendment Request No. 4-17 Part C (LCP-5-NPB-17-0084-1).
Section 9: This ordinance shall not become effective for thirty days and until the Executive
Director of the Coastal Commission certifies that this ordinance complies with the Coastal
Commission's December 12, 2018, action on LCP Amendment Request No. 4-17 Part C (LCP-5-
NPB-17-0084-1).
Section 10: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 11: 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 12: Pursuant to the authority and criteria contained in the California
Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-002 is statutorily exempt
from CEQA pursuant to Section 15265(a)(1) of Title 14 of the California Code of Regulations,
and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from
the requirements of preparing an environmental impact report or otherwise complying with
CEQA in connection with the adoption of a Local Coastal Program.
Section 13: 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.
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Ordinance No. 2019-_
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Section 14: 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, California, held on 12th day of February, 2019, and adopted on the 26th
day of February, 2019, by the following vote to -wit:
AYES:
NAYS:
ABSENT:
DIANE B. DIXON, MAYOR
ATTEST:
LEILANI BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
�Ji �c� �11) kjjjj� �� U
AAR C. HARP, CITY ATTORNEY
15-26
Attachment C
Coastal Commission Action Letter and Suggested Modifications
15-27
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
200 Oceangate, Suite 1000 wi »
Long Beach, CA 90802-4302 °p
(562)590-5071
January 31, 2019
Patrick Alford, Planning Program Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach CA 92660
Re: City of Newport Beach LCP Amendment Request No. 4-17 Part C — (LCP-5-NPB-17-0084-1)
Dear Mr. Alford:
You are hereby notified that the California Coastal Commission, at its December 12, 2018
meeting in Newport Beach, approved City of Newport Beach Local Coastal Program (LCP)
Amendment No. 4-17 Part C with suggested modifications. The amendment to the Land Use
Plan (LUP) and Implementation Plan (IP) portions of the Newport Beach certified LCP will
modify Policy 4.4.2-1 to Chapter 4 (Coastal Resource Protection) of the LUP portion of the LCP
to allow certain exemptions to the Shoreline Height Limit Zone and modify IP Section 21.30.060
(Height Limits and Exceptions), IP Section 21.30.015(E)(5) (Waiver of Future Protection), IP
Section 21.38.040 (Nonconforming Structures), and add a new section to the IP (Section
21.52.090 Relief from Implementation Plan Development Standards) to allow for modifications
and waivers of IP requirements.
The LCP amendment will be fully effective once:
1. The City of Newport Beach City Council adopts the Commission's suggested
modifications,
2. The City of Newport Beach 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
Decemberl2, 2018 action.
The Coastal Act requires that the City's adoption of the suggested modifications be completed
within six (6) months of the Commission's action. Pursuant to the Commission's action on
December 12, 2018, certification of LCP Amendment No. 4-17 Part C is subject to the attached
Suggested Modifications (Attachment "A").
Thank you for your cooperation and we look forward to working with you and your staff in the
future. If you have any questions regarding the modifications required for effective certification
of this LCP amendment, please contact Liliana Roman at our Long Beach office (562) 590-5071.
Sincerely,
Liliana Roman
Coastal Program Analyst
15-28
Attachment "A"
Suggested
Modifications
15-29
New text added by Commission suggested modification is shown bold, italicized and
underlined, and text suggested to be deleted is shown in. Existing
certified language is shown in regular text and the City's proposed LCP amendment language
changes are shown in single underline and single str-ikedffot .
Suggested Modification #1 - Modify the LUP to add maximum height limits to the proposed
height limit exceptions and other qualifications in the Shoreline Height Limitation
Zone, and clarify that solar equipment and telecom facilities are not subject to the
Shoreline Height Limitation Zone:
4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as
graphically depicted on Map 4-3; e-xeept for- the sites. with the
exceptions described below. As with all permitted development, exceptions to the
Shoreline Height Limitation Zone shall only be allowed when it is designed and
sited to protect existing views to and along the ocean and scenic coastal areas,
to be visually compatible with the character of surrounding areas, and, where
feasible. to restore and enhance visual quality in visually degraded areas.of
A. The peaks of sloped roofs shall be permitted to exceed the height limit by
— ive feet
B. Structures used as places of worship may be allowed to exceed the height
limit up to a maximum of 70feet.
Governmental facilities may be allowed to exceed the height limit where
he increase in height is necessary to accommodate design features
required for the facility to function, such as lifeguard towers, tsunami
warning sirens, and architectural design features that accommodate
mergence vehicles or essential equipment.
D. Boat cranes used in conjunction with an approved marine -oriented
nonresidential use may be allowed to exceed the height limit up to a
maximum operating height of 70 feet.
E. Chimneys and vents, dormers, elevator shafts, enclosed stairwells.
mechanical equipment, skylights and roof windows and other similar
fixtures and exterior structures may be permitted to exceed the height
limit when required by building or safety codes and/or when regulated
15-30
by the certified Local Coastal Program Implementation Plan to insure
appropriate proportionality with the main structure.
F. Flagpoles mounted on tops of buildings located in nonresidential coastal
zoning districts may be allowed to exceed the height limit by up to 20
eet.
C_ Light Standards may be permitted to exceed the height limit to the
minimum height required to effectively illuminate the subject area.
H. An alteration or addition to a landmark structure may be allowed to
exceed the height limit by up to 20 feet.
I. Solar equipment and panels used for the production of solar energy are
not subject to the height limit pursuant to State law.
J. Telecom facilities may be permitted to exceed the height limit up to a
maximum of I5feet.
B, F.,,- ier G tom, Hall ('omplox at 3300 Newpeft Blvd and 475 27� M
(the site):
• At least 75% of the total -area r-vihe sites-5h��11-ccrl be 3 icer-'rir
rMILIN
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15-31
W., 111,111-1110
IMMM-M
MEN
..
B, F.,,- ier G tom, Hall ('omplox at 3300 Newpeft Blvd and 475 27� M
(the site):
• At least 75% of the total -area r-vihe sites-5h��11-ccrl be 3 icer-'rir
rMILIN
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15-31
K. Site -Specific Exceptions:
1. Marina Park located at 1600 West Balboa Boulevard. A single. up to
maximum 73 -foot- tall faux lighthouse architectural tower, that
creates an iconic landmark for the public to identify the site from
and and water as a boating safety feature, may be allowed. No
urther exceptions to the height limit shall be allowed, including but
not limited to, exceptions for architectural features, solar equipment
r flag poles. Any architectural tower that exceeds the 35 -foot height
limit shall not include floor area above the 35 -foot height limit, but
hall house screened communications or emergency equipment, and
shall be sited and designed to reduce adverse visual impacts and be
compatible with the character of the area by among other things,
incorporating a tapered design with a maximum diameter of 34 -feet
15-32
at the base of the tower. Public viewing opportunities shall be
provided above 35 -feet, as feasible. (Resolution 2013-44)
2. Former City Hall Complex at 3300 Newport Blvd and 475 32nd
Street.
• At least 75% of the total area of the site shall be 35 feet in
height or lower.
• Buildings and structures up to SS feet in height with the
peaks of sloping roofs and elevator towers up to 60 feet in
height. provided it is demonstrated that development does not
adversely impact public views.
• Architectural features such as domes, towers, cupolas, spires,
and similar structures may be up to 65 feet in height.
• Buildings and structures over 35 feet in heigh4 including
architectural features. shall not occupy more than 25 percent
of the total area of the site.
• Buildings and structures over 45 feet in height. architectural
eatures, shall not occupy more than 15 percent of the total
area of the site.
• With the exception of a fire station. all buildings and
structures over 35 feet in heightincluding architectural
eatures, shall be setback a minimum of 60 feet from the
Newport Boulevard right-of-wav and 70 feet from the 32nd
treet
• A fire station may be located in its current location and may
be up to 40 feet in height. A fire station may include
architectural features up to 45 feet in height to house and
screen essential equipment.
• The purpose of allowing limited exceptions to the 35 -foot
height limit on this site is to promote vertical clustering
resulting in increased publically accessible on-site open space
and architectural diversity while protecting existing coastal
views and providing new coastal view opportunities.
Resolution 2016-2
Suggested ModitSeation #2 - Modify IP Sections 21.30.60(C) and 21.30.60(D) to allow height
limit exceptions:
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C. Increase in Height Limit.
1. Procedure. The height limits established in Part 2 of this Implementation Plan (Coastal
Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) may be
increased within specified areas with approval of a coastal development permit when all
applicable findings are met in compliance with subsection (C)(3) of this section (Required
Findings). No iner-ease above thk4y five (35) feet may be authorized for- eeffffner-eial, mixe(
use and residential stmetffes within the Sher-eline 14eigl# Limitation Zone, exeept as -
of an adopted planned eeffimunity shall not be s*eet te this subseetien (See Seetiefl.
21.26.055 (Planned Community Coastal Zening Dis4iet Development Standards)).
2. Height Limit Areas. The height limit areas shall be as follows:
a. R -A, R-1, R -BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height
limit area the base height limit for structures with flat roofs is twenty-four (24) feet
(including guardrails and parapet walls) and the base height limit for structures with
sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up to a
maximum of twenty-eight (28) feet with a flat roof or thirty-three (33) feet with a sloped
roof through the approval of a coastal development permit as provided above. This
height limit applies in all R -A, R-1, R -BI, and R-2 Coastal Zoning Districts as shown on
the Coastal Zoning Map.
b. RM Coastal Zoning District Height Limit Area. In this height limit area the base
height limit for structures with flat roofs is twenty-eight (28) feet (including guardrails
and parapet walls) and the base height limit for structures with sloped roofs is thirty-
three (33) feet. The height of a structure may be increased up to a maximum of thirty-
two (32) feet with a flat roof or thirty-five (35) feet in the Shoreline Height himitation
Zone a -ad seven (37) feet with a
sloped roof through the approval of a coastal development permit as provided above.
This height limit applies in the RM Coastal Zoning District as shown on the Coastal
Zoning Map.
c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base height
limit for nonresidential and mixed-use structures with flat roofs is twenty-six (26) feet
and the base height limit for structures with sloped roofs is thirty-one (3 1) feet. The
height of a structure may be increased up to a maximum of thirty-five (35) feet with a
flat roof or, outside the Sher-eline Height Limitation ''ore, forty (40) feet with a sloped
roof through the approval of a coastal development permit application as provided
above. The shoreline height limit shall apply to all nonresidential coastal zoning districts
and mixed-use coastal zoning districts within the boundaries of the Shoreline Height
Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-
1 in Part 8 (Maps) of this Implementation Plan).
d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base
height limit for nonresidential and mixed-use structures with flat roofs is thirty-two (32)
feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet.
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The height of a structure may be increased up to a maximum of fifty (50) feet with a flat
roof or fifty-five (55) feet with a sloped roof through the approval of a coastal
development permit as provided above. This height limit shall apply to all
nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning
districts within its boundaries. The nonresidential, nonshoreline height limit area is
identified as all of the area outside the Shoreline Height Limit Area shown on the High
Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this
Implementation Plan).
e. High Rise Height Area. In this height limit area, the maximum height limit shall be
three hundred (300) feet and no further increase to the maximum allowed height is
available. This height limit is applicable to all nonresidential coastal zoning districts
within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas
Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan).
Planned Communities Coastal Zoning District. Height limits established as part
of an adopted planned community shall be as specified in Section 21.26.055 (Planned
Community Coastal Zoning District Development Standards). If a PC District is
located within the Shoreline Height Limit Area. per Map H-1. the height of a
structure may be increased through the approval of a coastal development permit
application as provided above. up to a maximum of thirty-five (35) feet with a flat roof
or. forty (40) feet with a sloped roof notwithstanding any other higher height limit
identified in a PC District.
3. Required Findings. The review authority may approve a coastal development permit to
allow an increase in the height of a structure above the base height limit only after first
making all of the following findings in addition to the findings required in Section
21.52.015(F):
a. The project is sited and designed to protect public views to and along the ocean and
scenic coastal areas; and
b. The project is sited and designed to minimize visual impacts and be visually
compatible with the character of surrounding areas; and
c. Where feasible, the project will restore and enhance visual quality in visually
degraded areas;; anfl
d. Where the pr-ejeet is leeated in the Sher-eline Height Limitatien Zone, the pr-ejee4
will net exeeed thiAy five (35) fee .
D. Exceptions to Height Limits. Exeept as eeifie tibseetions (D)(3),(14) and (1 5) „ftp i
seetion, the following apply evef)pwher-e other than within the Sher-eline Height Limitation Ze
In cases where the exception to a height limit requires the approval of a coastal development
permi4 the review authority may approve a coastal development permit to allow an increase in
the height of a structure above the base height limit as described below only after first making
all of the findings in subsection C(3) of this section. in addition to the findines reauired in
.Fon 21.52.015(F
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1. Assembly and Meeting Facilities. Structures used as places of worship may be allowed
to exceed the height limit subject to the approval of a coastal development permit in
compliance with Chapter 21.52 (Coastal Development Review Procedures). Where more
than one structure exists or is proposed for the site, only the principal structure shall be
eligible for approval to exceed the maximum height limit. No increase above seventy (701
eet may be authorized within the Shoreline Height Limit Area.
2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other
decorative rooftop features) of an open nature, but excluding guardrails, parapet walls, and
similar features, may be allowed up to the height limit for a sloped roof. Architectural
features with a height greater than that allowed for a sloped roof shall be subject to the
approval of a coastal development permit in compliance with Chanter 21.52 (Coastal
Development Review Procedures).
3. Boat Cranes. Boat cranes used in conjunction with an approved marine -oriented
nonresidential use may be allowed to exceed the maximum height limit up to a maximum
operating height of seventy (70) feet, subject to the approval of a coastal development permit
in compliance with Chapter 21.52 (Coastal Development Review Procedures).
[No Commission changes to D(4) thru D(8)]
9. Landmark structure. An alteration or addition to a landmark
structure shall be exempt from height limits; provided, that structural alterations or additions
that exceed the height of the existing structure shall require approval of a coastal
development permit in compliance with Chapter 21.52 (Coastal Development Review
Procedures) and shall not exceed a maximum of fifty-five (55) feet in height. The coastal
development permit may be approved only if all of the findings are first made in addition to
those findings identified in Section 21.5.015(F):
a. The portion of the structural alteration or addition that exceeds the height of the
existing structure does not significantly impact public views from public rights-
of-way.
b. The portion of the structural alteration or addition that exceeds the height of the
existing structure will not be used in a manner that increases the intensity of the
use of the landmark building.
c. The allowed height of the landmark building will not be detrimental to the health,
safety, peace, comfort, or general welfare of persons residing or working in the
neighborhood of the landmark building.
[No Commission changes to D(10) thru D(15)]
Suggested Modification #3 — Modify proposed new IP Section 21.30.060(D)(16) outlining the
height exceptions for government facilities:
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16. Government Facilities. Structures owned, operated, or occupied by the City or other
governmental agency to provide a governmental service to the public may be allowed to
exceed the height limit subject to the approval of a coastal development permit in
compliance with Chapter 21.52 (Coastal Development Review Procedures) where the
increase in height is necessa . to accommodate design features required for the facility to
function(e.g., lifeguard towers, tsunami warning sirens, architectural design features that
accommodate emergency vehicles or essential equipment, etc.).
Suggested Modification #4 — Modify IP Section 21.30.015(E)(5) regarding the waiver of future
protection for shoreline protective devices for development in shoreline hazardous areas.
5. Waiver of Future Protection. As a condition of approval of new development, the review
authority shall require an agreement between an applicant, including its successors and
assigns, and the City in favor of the City, in a form approved by the City Attorney, and
recorded by the applicant, waiving any potential right to future protection `'-a` ��-
to address
situations in the future in which development is threatened with damage or destruction from
waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or
other natural hazards. The applicant shall agree to:
a. Never construct structures or features over the economic life of the development to
protect the development '--- N 8 in -ra 0. tile;
and
b. Remove and relocate all portions of a development, including associated fallen
debris at the base of a bluff or canyon and/or State tidelands, if a government agency
determines that the development is hazardous or a threat to the public.
Bulkheads are subiect to the reauirements and limitations in Section 21.30.030(C)(31(i).
Suggested Modification #5 — Modify IP Section 21.38.040(G) regarding nonconforming
structures.
G. Additions. Nonconforming structures may be expanded and the existing nonconforming
elements of the structure shall not be required to be brought into compliance with the
development standards of this Implementation Plan subject to the following limitations and the
limitations provided in Section 21.38.060 (Nonconforming Parking):
1. The addition shall only be permitted if the nonconforming structure:
. Does not block or impede public access to and along the sea or shoreline and
to coastal parks, trails, or coastal bluffs:
b. Does not block or impair public views to and along the sea or shoreline or to
coastal bluffs and other scenic coastal areas:
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c. Conforms to coastal resource protection development regulations of Section
21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon (C) Overlay
District). Section 21.30.030 (Natural Landform and Shoreline Protection).
Chapter 21.30A (Public Access and Recreation). or Chapter 21.30E (Habitat
Protection).
. Is not located within an area identified as hazardous due to erosional factors
or coastal hazards.
2. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of
the existing structure; expansion of residential structures may be permitted up to a
maximum of seventy-five(75) percent with the approval of a coastal development
permit. When reviewing an application for an expansion of nonconforming
residential structure. the review authority shall consider:
a. Whether the nonconforming structure can be modified to. or replaced with. a
conforming structure that would restore or enhance visual quality in a visually
degraded area,-
b.
rea,
b. Whether the nonconforming structurewith or without the proposed addition.
is visually compatible with the character of the surrounding area: and
c. Whether the nonconforming structure is architecturally or historically
significant.
3. The floor area of any addition, together with the floor area of the existing structure,
shall not exceed the allowed maximum floor area for the coastal zoning district;
4. The addition shall comply with all applicable development standards and use
regulations of this Implementation Plan; aPA
5. Additional parking shall be provided in compliance with Section 21.38.060
(Nonconforming Parking)= and
6. The square footage of the required residential parking area additions identified below
hall be excluded from the allowed expansion under subsection (0(2) of this section,
but shall be included as gross floor area.
Re uired Parking
Maximum Excluded Areas
One -Car Garage
200 square feet maximum
Two -Car Garage
400 square Leet, maximum
Three -Car Garaa
600 square feet maximum
Suggested Modification# 6 — Modify proposed new IP Section 21.52.090 adding new
provisions for modifications and variances to ensure any modification or variance will not result
in development that has an adverse effect, either individually or cumulatively, on coastal
15-38
resources and coastal access.
21.52.090 Relief from Implementation Plan Development Standards.
A. Purpose. The purpose of this section is to provide relief from the development standards of
this Implementation Plan when so doing is consistent with the purposes of the certified
Local Coastal Program and will not have an adverse effect, either individually or
cumulatively, on coastal resources.
B. Applicability. Any development standard of this Implementation Plan may be modified or
waived through the approval of a coastal development permit, except: allowed and
prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions
(for example, prohibitions intended to protect coastal resources, prohibited barriers to public
access, limits on the use of protective structures, prohibited materials, prohibited plant
species, prohibited signs, _ etc.); or procedural requirements.
1. Modifications. Minor deviations for the following development standards may be
permitted when practical difficulties associated with the property and that the strict
application of the Implementation Plan results in physical hardships:
a. Height modifications from exceptions identified in Part 3 of this title (Site
Planning and Development Standards). The following modifications are limited to
not more than a ten (10) percent deviation from the standard being modified.
i. Chimney, rooftop architectural features, and vents in excess of the exception
to the allowed height limits identified in Part 3 of this title (Site Planning and
Development Standards);
ii. Flagpoles in excess of the exception to the allowed height limits; and
iii. Heights of fences, hedges, or walls (except retaining walls).
b. Setback Modifications. The following modifications are limited to not more than
a ten (10) percent deviation from the standard being modified.
i. Encroachments in front, side, or rear setback areas while still maintaining
the minimum clearances required by Section 21.30.110 (Setback
Regulations and Exceptions). Exceptions include the following_
(A) Modifications shall not be allowed for encroachments into alley
setbacks; and
(B) Modifications shall not be allowed for encroachments into bluff
setback areas.
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ii. Structural appurtenances or projections that encroach into front, side, or
rear setback areas.
C. Sign Modifications. Modificadons shall be allowed for an increase in
lowed number and area of signs and an increase in allowed height
modifications for nylon signs un to a maximum of 24 feetand un to a
maximum of 8 feet for monument signs.
Retaining Wall Modifications. Modifications shall be allowed for an increase
in the allowed height of retaining walls un to a maximum of 10 feet.
e e. Other Modifications. Except as otherwise provided, the following
modifications are not limited in the amount of deviation from the standard
being modified:
i. Distances between structures located on the same lot,
ii. Landscaping standards in compliance with Chapter 21.30.075
(Landscaping), except for subsection (B)(3),
iii. Size or location of parking spaces, access to parking spaces, and
landscapinglandscqping within parking areasi provided the modi kation does not
result in an adverse impact to public on -street narking spaces:
iv. Increase in allowed floor area of additions for uses that have
nonconforming parking; provided re uiredarkin or the additional
quare footage is provided and other requirements per Section 21.38.060
(Nonconforming Parking).
2. Variances. Waiver or modification of certain standards of this Implementation Plan
may be permitted when, because of special circumstances applicable to the propeAL
including location, shape, size, surroundings, topography, or other physical features,
the strict application of the development standards otherwise applicable to the
property denies the property owner privileges _ enjoyed by other property owners in
the vicinity and in the same coastal zoning district.
Modifications and Waivers Authorized Elsewhere. This section is not applicable
when a modification or waiver to a development standard is specifically authorized
elsewhere in this Implementation Plan.
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C. Considerations. In reviewing a coastal development permit application for development
requesting a modification or variance, the review authority shall consider the following:
1. Whether or not the development is consistent with the certified Local Coastal
Program to the maximum extent feasible: and
2. Whether or not there are feasible alternatives that would provide greater
consistency with the certified Local Coastal Program and/or that are more
protective of coastal resources.
D. Findings and Decision. The review authority may pprove or conditionally approve a
modification or waiver to a development standard of this Implementation Plan only after
first making all of the following findings:
1. Therg anting of the modification is necessary due ta practical difficulties associated with
the property and that the strict application of the Implementation Plan results in physical
hardships;or
2. The izrantina of the variance is necessary due to special circumstances aaalicable to the
property, including location, shape, size, surroundings, topography, and/or other physical
features, the strict application of the development standards otherwise applicable to the
property denies the property owner privileges _ enjoyed by other property owners in the
vicinity and in the same coastal zoning district; and
3. The modification or variance complies with the findings _ required to approve a coastal
development permit in Section 21.52.015(F);
4. The modification or variance will not result in development that blocks or significantly
impedes public access to and along the sea or shoreline and to coastal parks, trails, or
coastal bluffs:
5. The modification or variance will not result in development that blocks or significantly
impairs public views to and along the sea or shoreline or to coastal bluffs and other
scenic coastal areas:
6. The modification or variance will notes result in development that has an adverse
effect, either individually or cumulatively, on coastal resources: including wetlands.
sensitive habita4 vegetation, or wildlife species; and
7. The granting of the modification or variance will not be contrary to, or in conflict with,
the purpose of this Implementation Plan, nor to the applicable policies of the certified
Local Coastal Program.
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