HomeMy WebLinkAbout15 - Planning & Zoning Code and Local Coastal Program Implementation PlanPORT CITY OF
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City Council Staff Report
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April 23, 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
PHONE: 949-644-3235, PAlford@newportbeachca.gov
TITLE: Initiation of Amendments to the Planning & Zoning Code and Local
Coastal Program Implementation Plan (PA2019-055)
ABSTRACT:
Staff is requesting the City Council consider initiating specific amendments to Newport
Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local
Coastal Program Implementation Plan). The amendments relate to minimum lot size and
dimensions, overlay zoning districts, public hearing notification, corrections to setback
maps, transfer of development rights, height measurement of accessory structures, and
residential off-street parking requirements in flood hazard areas.
RECOMMENDATION:
a) Determine this action exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3; and
b) Adopt Resolution No. 2019-41, A Resolution of the City Council of the City of Newport
Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning"
and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of
Newport Beach Municipal Code Related to Minimum Lot Size and Dimensions,
Overlay Zoning Districts, Public Hearing Notification, Corrections to Setback Maps
and the Transfer of Development Rights (PA2019-055).
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code
amendment may be initiated by the City Council, with or without a recommendation from
the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal
Program) provides that a City -sponsored amendment to the certified Local Coastal
Program (LCP) shall be initiated by the City Council.
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Initiation of Amendments to the Planning & Zoning Code and
Local Coastal Program Implementation Plan (PA2019-055)
April 23, 2019
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Some of the proposed amendments below are items staff recently identified as needing
to be corrected to ensure both Title 20 and Title 21 are consistent. Other proposed
amendments will be comprehensively reviewed for consistency with state regulations or
provisions that have errors to be corrected.
This agenda item is not a public hearing. Should the City Council choose to initiate these
proposed amendments, the specific text changes will be drafted and considered by both
the Planning Commission and the City Council at public hearings. Additionally,
amendments to the certified LCP will require certification by the California Coastal
Commission.
Amendments Proposed for Initiation:
Section 21.18.030 (Residential Coastal Zoning Districts General Development
Standards) — The Zoning Code allows residential lots to be subdivided to create lots
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
the certified LCP Implementation Plan. This amendment would correct that error.
2. Sections 20.28.010 and 21.28.010 (Purposes of Overlay Zoning Districts) —
Overlay zoning districts are a common tool to modify a base zoning district for a
specific area. The existing language requires the more restrictive standard of the base
zone or overlay to apply when overlays often specify a new standard that might be
less restrictive.
3. New Section 21.16.020 (General Requirements of New Development) — The
transfer of development rights (TDR) from one property to another is allowed pursuant
to Zoning Code Chapter 20.46. A TDR within the coastal zone would be considered
"a change in the intensity of the use of land," which requires the approval of a coastal
development permit. It would be consistent to review a coastal development permit
for a TDR in the same manner as prescribed by Zoning Code Chapter 20.46. This
would be provided for by adding a new subsection on TDRs to Section 21.16.020 of
the certified LCP Implementation Plan.
4. Sections 20.62.020 and 21.62.020 (Notice of Public Hearing) — These sections
provide notice requirements for project applications requiring a public hearing. The
three required methods of notice distribution (e.g. mailed, on-site posting, newspaper)
generally follows provisions of the Government Code applicable to general law cities.
The challenge exists when on-site posting of notices are required for large geographic
areas. Staff suggests a comprehensive review to ensure compliant and adequate
public noticing while recognizing the practical realities involved in posting on a large
number of properties.
5. Section 20.66.030 (Processing, Notice, and Hearing) — This section provides
procedural requirements for the processing of Zoning Code amendments. The
language is ambiguous as it relates to how notice is provided. Again, staff suggests a
comprehensive review to ensure compliant and adequate public notice.
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Initiation of Amendments to the Planning & Zoning Code and
Local Coastal Program Implementation Plan (PA2019-055)
April 23, 2019
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6. Sections 20.80.040 and 21.80.040 (Setback Maps) — The Zoning Code and the
certified LCP Implementation Plan have a series of maps that provide minimum
setbacks for various, but not all, blocks throughout the City. The practice began in
1943 as a way to recognize existing and varying conditions that did not match the
citywide front yard setback standard; one size did not fit all. Currently, the 33 citywide
and 26 coastal zone setback maps are the descendants of the original 1943 maps,
and several of them contain errors and omissions that should be corrected. Not all
maps will need correcting, but all could have further clarification by adding a legend
and typical notes to each one.
The list above is the limit of the proposed amendment; however, as staff examines these
sections within the context of their individual purposes, additional changes to related
sections may be necessary. If the City Council chooses to initiate these proposed
amendments, staff will break the amendments into smaller portions to process. Staff has
already received an application requesting a TDR in the coastal zone, therefore staff will
first focus on adding the TDR to Title 21 at a noticed public hearing with the Planning
Commission in June 2019 if City Council chooses to move forward. The other proposed
amendments will be phased over the remainder of the year.
ENVIRONMENTAL REVIEW:
The initiation of zoning and LCP amendments are exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning
Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to have a significant effect on the environment. No final action
on any amendments will occur at this meeting and the initiation of the amendment does
not have any legally binding effect upon future consideration of the amendments
themselves. The City will conduct an environmental review prior to the consideration and
potential approval of the amendments.
NOTICING:
The Municipal Code does not require notice for the initiation of amendments. Notice of
this item appeared on the agenda for this meeting, which was posted at City Hall and on
the City website. Should the City Council initiate the amendment, public notice will be
provided for subsequent public hearings before the Planning Commission and the City
Council as required by the Municipal Code. Additionally, notice of the LCP amendments
will be sent to all persons and agencies on the Notice of the Availability mailing list.
ATTACHMENT:
Attachment A — Resolution No. 2019-41
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ATTACHMENT A
RESOLUTION NO. 2019- 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND
ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
MINIMUM LOT SIZE AND DIMENSIONS, OVERLAY
ZONING DISTRICTS, PUBLIC HEARING
NOTIFICATION, CORRECTIONS TO SETBACK
MAPS AND THE TRANSFER OF DEVELOPMENT
RIGHTS (PA2019-055)
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020
provides that the City Council of the City of Newport Beach ("City Council") may initiate
an amendment to the Zoning Code with or without a recommendation from the Planning
Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in NBMC Title 21 to be initiated by the City Council; and
WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to
modify regulations relating to minimum lot size and dimensions, overlay zoning districts,
public hearing notification, corrections to setback maps, and the transfer of
development rights.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to NBMC Title 20
"Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to
modify regulations relating to minimum lot size and dimensions, overlay zoning
districts, public hearing notification, corrections to setback maps, and the transfer of
development rights.
Section 2: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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Resolution No. 2019 -
Page 2 of 2
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14,
Division 6, Chapter 3, because it involves feasibility or planning studies for possible
future actions which the agency, board, or commission has not approved or adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 23rd day of April, 2019.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
t� m YYl Li
Aaron . Harp
City A rney
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