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HomeMy WebLinkAbout19 - Amending the NBMC for Lido Isle Hedge Heights (PA2019-132)Q �EwPpRT O c — '9 TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report February 11, 2020 Agenda Item No. 19 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David S. Lee, Associate Planner PHONE: 949-644-3225, dlee@newportbeachca.gov TITLE: Ordinance No. 2020-7: Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132) ABSTRACT: For City Council's consideration is an amendment to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan) to increase allowable hedge height limitations in front setbacks abutting stradas on Lido Isle from 42 inches to 60 inches. Due to inconsistent hedge height regulations between the City of Newport Beach and Lido Isle Community Association (LICA), the Board of Directors for LICA has made a formal request that the City amend its regulations to be consistent with LICA's Covenants, Conditions, and Restrictions (CC&Rs). The amendments were initiated by the City Council on September 10, 2019, and were approved by the Planning Commission on December 5, 2019. RECOMMENDATION: a) Conduct a public hearing; b) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; c) Waive reading, read by title only, introduce Ordinance No. 2020-7, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 20 Entitled "Planning and Zoning" of the City of Newport Beach Municipal Code Related to Hedge Heights in Front Setbacks Abutting Stradas Within Lido Isle (PA2019-132), and pass to second reading on February 25, 2020; and d) Adopt Resolution No. 2020-19, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-002 to the California Coastal Commission to Amend Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Hedge Heights in Front Setbacks Abutting Stradas Within Lido Isle (PA2019-132). 19-1 Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132) February 11, 2020 Page 2 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Background There is an existing inconsistency in hedge height regulations between the City of Newport Beach and LICA. City regulations contained within NBMC Title 20 and Title 21 establish a maximum height of 42 inches for hedges within a required front setback area. In 2001, LICA homeowners voted to amend the CC&Rs to change the hedge height limit abutting stradas (public walkways) from 30 inches to 60 inches. The inconsistency between the City's code and LICA has created confusion for Lido Isle residents. Homeowners have received notices of violation from the City's Code Enforcement Division. As a result, the Board of Directors for LICA has made a formal request (Attachment C) that the City amend its regulations to raise hedge height maximums along the stradas on Lido Isle from 42 inches to 60 inches thereby making the Municipal Code consistent with their CC&Rs. A strada is a pedestrian walkway located between residential lots (Figure 1). After a review of Title 20 and Title 21, staff is proposing to amend the following sections: • 20.30.040 and 21.30.040 (Fences, Hedges, Walls and Retaining Walls) • 20.80.010 Area Maps (to add a map to identify Lido Isle) 19-2 Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132) February 11, 2020 Page 3 Code Amendment Initiation Pursuant to City Council Policy K-1 (General Plan and Local Coastal Program) and NBMC Section 20.66.020, the City Council initiated the amendments on September 10, 2019 (Attachment D) with the adoption of City Council Resolution No. 2019-78. Current Regulations for Hedge Heights The maximum height for hedges, fences, and walls in front setback areas is 42 inches, as regulated by NBMC Title 20 and Title 21. Generally, the intent of restricting heights in front setbacks is to allow increased light and visibility to front yards, resulting in a more inviting and secure street frontage. Within rear and side setbacks, hedges, fences, and walls are allowed to a maximum height of 6 feet to allow for increased privacy. A hedge is defined as: "a group of shrubs or trees planted in a line or in groups forming a compact, dense barrier that protects, shields, separates, or demarcates an area from view. For purposes of this definition, a shrub is a perennial woody plant smaller than a tree, having multiple permanent stems branching from or near the base and lacking a single trunk; a bush." Groups of shrubs that have visible gaps in between are not considered hedges and not regulated in height (Figure 2). Setback Areas on Lido Isle Traditional residential lots are subject to a single front setback adjacent to the street frontage, two side setbacks, and a rear setback opposite the front (Figure 3). However, Lido Isle lots that do not abut the bay typically have multiple front setbacks. Interior lots typically have a 10 -foot front setback abutting a strada and a 4 -foot front setback abutting the street. Corner lots have an additional 1 -foot 6 -inch front setback abutting a side street (Figure 4). Given the unique orientation of the lots on Lido Isle, the front yards abutting the stradas function as rear yards but do not have the benefit of taller fences or hedges to ensure a measure of privacy. 19-3 4- a) i M ti Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132) February 11, 2020 Page 4 I— - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — - — r i Side Yard I A I I ' A I I ' A I I ' Y I ca I A I LL A A I I ' A I I A A I I " A I I Side Yard---------------------------------- ' A I lt, jqs ni k H d Legend Front Setback Side Setback � y "Ss Itt Q -Nd � ��4 19-4 Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132) February 11, 2020 Page 5 Proposed Amendment The amendment would change the maximum hedge height from 42 inches to 60 inches in front setback areas abutting stradas only. The amended height limit would be consistent with LICA's CC&Rs. The amendment would not apply to fences or walls. Allowing hedges to grow up to 60 inches would increase the privacy within the front yards that abut the stradas. Front setbacks abutting streets and the bay front would remain limited to the 42 -inch maximum to preserve views and vehicle sight distances. Staff does not anticipate that every property owner would allow their hedges to grow to the maximum height and the impact to pedestrians walking along the stradas would be minimal. Planning Commission Approval On December 5, 2019, the Planning Commission adopted Resolution Nos. PC2019-035 and PC2019-036 (Attachments E and F) by a unanimous vote (6-0), recommending approval of Code Amendment No. CA2019-005 to the City Council and recommending the City Council to authorize submittal of Local Coastal Program Amendment No. LC2019-002 to the California Coastal Commission. Coastal Commission Review Properties located in the Coastal Zone (Attachment 1) of the City are regulated by the Local Coastal Program (LCP), which is comprised of the Coastal Land Use Plan (CLUP), a policy document, and the Implementation Plan (IP or Title 21), a regulatory document. Since Lido Isle is located within the Coastal Zone, an amendment to the Title 21 (Implementation Plan of LCP) is required. On January 13, 2017, the California Coastal Commission (CCC) effectively certified the City's LCP and the City assumed coastal development permit -issuing authority on January 30, 2017. Any amendments to the LCP must be reviewed and approved by the City Council, with a recommendation from the Planning Commission, prior to submitting the amendment request to the Coastal Commission. The CCC is the final decision-making authority on amendments to the certified LCP. The proposed amendment to raise hedge heights will not have an impact on public access or views to the bay front. Stradas serve as pedestrian walkways for internal lots on Lido Isle and do not provide public views of the bay. Additionally, the bay is not directly accessed from the stradas, as access is found on Via Lido Nord and Via Lido Soud around Lido Isle. 19-5 Amending the Newport Beach Municipal Code for Lido Isle Hedge Heights (PA2019-132) February 11, 2020 Page 6 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP Amendment was made available and a Notice of Availability was distributed on November 22, 2019, to all persons and agencies on the Notice of Availability mailing list and posted online on the City website. In addition, notice of these amendments was published in the Daily Pilot as an eighth - page advertisement, consistent with the provisions of the NBMC. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Lastly, notice of this amendment was posted at the Lido Isle Association Clubhouse for the residents of Lido Isle. ATTACHMENTS: Attachment A — Ordinance No. 2020-7 Attachment B — Resolution No. 2020-19 Attachment C — Letter of Request from LICA Attachment D — Resolution No. 2019-78 Attachment E — Planning Commission Resolution No. 2019-035 Attachment F — Planning Commission Resolution No. 2019-036 Attachment G — December 5, 2019 Planning Commission Hearing Minutes Attachment H — Map of Lido Isle Attachment I — Map of Coastal Zone 19-6 Attachment A Draft Ordinance — Title 20 Code Amendment 19-7 ORDINANCE NO. 2020- 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20 ENTITLED "PLANNING AND ZONING" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING STRADAS WITHIN LIDO ISLE (PA2019-132) WHEREAS, in 2001, the Lido Isle Community Association ("LICA") homeowners voted to amend the Association Covenants, Conditions, and Restrictions to change the hedge height limit abutting stradas from thirty (30) inches to sixty (60) inches; WHEREAS, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") establishes a maximum of forty two (42) inches for hedges within front setback areas; WHEREAS, an amendment to Title 20 is necessary to allow a maximum hedge height of five (5) feet in front setback areas along stradas on Lido Isle, thus removing an inconsistency between the NBMC and LICA standards; WHEREAS, a public hearing was held by the Planning Commission on December 5, 2019, 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 California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution No. PC2019-035 by a unanimous vote (6 ayes and 0 nays), recommending approval of Code Amendment No. CA2019-005 to the City Council; WHEREAS, a public hearing was held by the City Council on February 11, 2020, 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 and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation Plan) ("LCP") is also underway, as all Lido Isle properties are within the coastal zone; and .; Ordinance No. 2020 - Page 2 of 3 WHEREAS, the amendment to Title 20 shall not become effective until approval of the subject LCP amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 20.30.040(C)(6) (Hedges in Lido Isle) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby added to read as follows.- 6. ollows: 6. Hedges in Lido Isle. The maximum hedge height in the front setback area abutting stradas in Lido Isle shall be five (5) feet. Section 2: Section 20.80.010 (Area Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code is hereby amended to include Area Map A-7 — Lido Isle, attached hereto as Exhibit A, with all other Area Maps remaining unchanged. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly, because hedges are already authorized in Lido Isle and the code amendment would merely allow an incremental increase in height. 19-9 Ordinance No. 2020 - Page 3 of 3 Section G: 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. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414, and the same shall become final and effective upon the effective date of approval by the California Coastal Commission of the Local Coastal Program Amendment No. LC2019-002. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of February, 2020, and adopted on the 25th day of February, 2020, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A4-2' C. y 4'1'� AARON C. HARP, CITY ATTORNEY Attachment: Exhibit A: Area Map A-7 — Lido Isle 19-10 PR LINDA 1SL ro A A-7 Lido Isle ----- Strada 0 250 500 NMM==3MM=Fcd 0 YIA WA"GA Is, TUET o i0T1. 31 ap PR LINDA 1SL ro A A-7 Lido Isle ----- Strada 0 250 500 NMM==3MM=Fcd 0 O z DRIVE ZO ne Boundary . .. ........ 'RWY r. .. ... .. COAST .. pVITA DR T,JSALY ff PR LINDA 1SL ro A A-7 Lido Isle ----- Strada 0 250 500 NMM==3MM=Fcd 0 Attachment B Draft Resolution — Title 21 Code Amendment 19-12 RESOLUTION NO. 2020-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-002 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING STRADAS WITHIN LIDO ISLE (PA2019- 132) WHEREAS, under Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city within the coastal zone to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission approved the Local Coastal Implementation Plan on September 8, 2016, and the City of Newport Beach ("City") adopted Title 21 (Local Coastal Program Implementation Plan) ("Title 21") of the Newport Beach Municipal Code ("NBMC") on November 22, 2016; WHEREAS, in 2001, the Lido Isle Community Association ("LICA") homeowners voted to amend the Association Covenants, Conditions, and Restrictions ("CC&Rs") to change the hedge height limit abutting stradas from thirty (30) inches to sixty (60) inches; WHEREAS, Title 21 establishes a maximum of forty two (42) inches for hedges within front setback areas; WHEREAS, an amendment to Title 21 is necessary to allow a maximum hedge height of five (5) feet in front setback areas along stradas on Lido Isle, thus removing an inconsistency between the NBMC and Lido Isle Community Association ("LICA") standards; WHEREAS, a public hearing was held by the Planning Commission on December 5, 2019, 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 California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; 19-13 Resolution No. 2020 - Page 2 of 3 WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution Nos. PC2019-035 and PC2019-036 by a unanimous vote (6 ayes and 0 nays), recommending approval of Code Amendment No. CA2019-005 to the City Council and authorizing staff to submit Local Coastal Program Amendment No. LC2019-002 to the California Coastal Commission, and WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, drafts of LC2019-002 were made available and a Notice of Availability was distributed on November 22, 2019 at least six (6) weeks prior to the anticipated final action date. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit Local Coastal Program Amendment No. LC2019-002, amending Chapter 21.30.040 (Fences, Hedges, walls, and Retaining walls) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code, as attached in Exhibit A, and incorporated herein by reference, to the California Coastal Commission for review and approval. Section 2: Local Coastal Program Amendment No. LC2019-002 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach. Section 3: The Local Coastal Program including the proposed amendment was carried out in full conformity with the California Coastal Act codified in Public Resources Code Section 30000 et seq. 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. 19-14 Resolution No. 2020- Page 020Page 3 of 3 Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 21065 of CEQA and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Adoption of this resolution is also exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment, because hedges are already authorized in Lido Isle and the code amendment would merely allow an incremental increase in height. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 11th day of February, 2020. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,_ C. Aaron C. Harp City Attorney Will O'Neill Mayor Attachment: Exhibit A — Proposed Amendment to the City of Newport Beach Local Coastal Program Implementation Plan Related to Hedge Heights in Front Setbacks In Lido Isle (LC2019-002) 19-15 EXHIBIT "A" Proposed Amendment to the City of Newport Beach Local Coastal Program Implementation Plan Related to Hedge Heights in Front Setbacks In Lido Isle (LC2019- 002) Section 1: Section 21.30.040(C)(6) (Hedges in Lido Isle) of Title 21 of the Newport Beach Municipal Code is hereby added to read as follows: 6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum hedge height shall be five (5) feet. Section 2: Section 21.80.010 (Area Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code is hereby amended to replace Area Map A-10 — Lido Isle as follows, with all other Area Maps remaining unchanged: 19-16 tsar o 0 0 A 0 VIA MALAGA TREET y r TREET 19TH 51+ i� 4 � r g try of C -C. M►u Cfq Nkvi— \ �•t r — � •�� Z i • � of � nurvL ►►►� Krp�� � C "`�r•...'OestatZone Boundary .......OAST HWY •�? GxES; vrLVf 6h yo o' Gp VISTA r. [fiLr ORyl a,� o FO �•R OR ivy pRlc LINDA ms &WO4 '1111e4 is ktgU0r7 Iwwa MY P-& 0- - - - Cb of y • 6 �,.v+rF W Lrp•n►8►►ek u - � �,.. �r-c o" , fOCL:y4 �Fk S'f 't eA-1 D Lido Isle ----• Strada 0 250 500 19-17 Attachment C Letter of Request from LICA 19-18 lido isle community association 701 VIA LIDO SOLID, LIDO ISLE NEWPORT BEACH, CA 92663 TELEPHONE: (949) 673-6170 FAX: (949) 673-6827 February 6, 2019 Jaime Murillo, Diane Dixon and Seimone Jurjis, This letter is sent in follow-up to the meeting the Lido Isle Board of Directors had with members from the City regarding the City's front yard hedge height limit on Lido Isle. At the May 2018 meeting, the City requested Lido Isle's Board to advise whether Lido Isle would be requesting the City to increase the City's front yard hedge height limit on Lido from forty two inches to sixty inches. The City provided Lido Isle's Board with a timeframe of July 1St, 2018 to inform the City of the Board's decision whether the Board would like to move forward with the request. The Board responded to the City by requesting an extension of time to respond, which the City granted through August 1St, 2018. Owing to other matters, the Board postponed further discussion on the issue, but as you know, the 42" versus 60" distinction has caused some issues lately between residents. In 2001, the homeowners voted to amend the Association's CC&Rs to change the hedge height limit on the stradas from thirty inches to sixty inches. The 60" standard has proven to be successful for the community for over 15 years, and given that most homeowners presently have shrubs well in excess of 42", a proposal to now change the CC&Rs to reduce the strada hedge height limit is unlikely to garner sufficient homeowner approval for passage. Therefore, the Board of Directors recently decided that it would be in the best interest of the Association and its membership to formally request the City of Newport Beach to raise the City's front yard hedge height limit on Lido from forty two inches to sixty inches, as a means of effectively controlling the front yard hedge height limits without confusion. We are asking the City to please advise the Board as to their position at this time pertaining to Lido Isle's request to change the City's front yard hedge height limit on Lido to sixty inches. The Board does appreciate the City's offer to move forward at no cost to the Lido Isle Community Association per the information provided at the May 2018 meeting. Thank you for your time and your consideration in this very important matter. We look forward to -JustiWLahgc�berg LICA General Manager ilangenberg@lidoisle.org (949) 673-6170 a non-profit cooperative organization of all lido isle property owners 19-19 Attachment D City Council Resolution No. 2019-78 19-20 RESOLUTION NO. 2019-78 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 HEDGE HEIGHTS IN FRONT YARD SETBACKS WITHIN LIDO ISLE (PA2019-132) 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 related to hedge heights in front yard setbacks within Lido Isle at the request of the Lido Isle Community Association ("LICA"). 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 hedge heights in front yard setbacks within Lido Isle. 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. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. 19-21 Resolution No. 2019-78 Page 2 of 2 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 Section 15262 exempts projects involving 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 10TH day of September, 2019. --� <:2�- -- Will O'Neill Mayor Pro Tem ATTEST: Leilani I. Brown City Clerk _ APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 4 ".t, C # C�,� Aaron C. Harp City Attorney 19-22 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-78, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 10'h day of September, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None RECUSED: Mayor Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 111h day of September, 2019. Irrill wil ".Omp "Im I a I Leilani I. Brown City Clerk Newport Beach, California �s L/hOR� 19-23 Attachment E Planning Commission Resolution No. 2019-035 19-24 RESOLUTION NO. PC2019-035 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-005 TO AMEND TITLE 20 ENTITLED "PLANNING AND ZONING" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING STRADAS IN LIDO ISLE (PA2019-132) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS.- SECTION OLLOWS: SECTION 1. STATEMENT OF FACTS. An amendment to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code ("NBMC") in relation to hedge heights in front setbacks abutting stradas in Lido Isle is necessary due to the differing regulations between the City of Newport Beach ("City") and Lido Isle Community Association ("LICA") ("Amendment"). 2. A public hearing was held by the Planning Commission on December 5, 2019, 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 California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The Amendment is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Amendment itself does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. Authorizing the amendment to Title 20 (Planning and Zoning) of the NBMC would correct an existing inconsistency in hedge height regulations between the City of Newport Beach and LICA. City regulations contained within NBMC Title 20 establish a maximum of 42 inches for hedges within front setback areas. In 2001, LICA homeowners voted to amend the Association Covenants, Conditions, and Restrictions ("CC&Rs") to change the hedge height limit abutting stradas (public walkways) from 30 inches to 60 inches. The Amendment to Title 20 increases maximum hedge heights in front setback areas abutting stradas on Lido Isle from 42 inches to 60 inches, consistent with LICA CC&Rs. 19-25 Planning Commission Resolution No. PC2019-035 Paae 2 of 7 2. An amendment to the Local Coastal Program ("LCP") is also underway, as all Lido Isle properties are part of the coastal zone. The subject Code Amendment shall not become effective until approval of the subject LCP amendment by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the Amendment exempt from CEQA pursuant to Section 21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378, California Code of Regulations, Title 14, Division 6, Chapter 3. The Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2019-005 as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. PASSED, APPROVED, AND ADOPTED THIS 5TH DAY OF DECEMBER, 2019. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, Weigand R6�01 ABSTAIN: ABSENT: Klaustermeier 19-26 Planning Commission Resolution No. PC2019-035 Paae 3 of 7 EXHIBIT "A" Proposed Code Amendment related to Hedge Heights in Front Setbacks Abutting Stradas In Lido Isle (CA2019-005) Section 1: Amending Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to read as follows: 20.30.040 Fences, Hedges, Walls, and Retaining Walls. This section provides standards for the provision of fences, hedges, walls, and retaining walls. A. Maximum Height Allowed. 1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 3-1 TABLE 3-1 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS Location Maximum Height Front setback areas. 42 inches. See subsection (B) of this section. Rear and interior side setback areas. 6 feet in residential and commercial zoning districts. 8 feet in industrial zoning districts adjacent to residential uses. Setback areas abutting or adjacent to the waterfront of 42 inches from existing grade prior to construction. Newport Bay, the shoreline of the Pacific Ocean, the Setback areas on Balboa Island and Little Balboa Island Old Channel of the Santa Ana River (the Oxbow Loop), that are abutting or adjacent to Newport Bay are or the channels in West Newport. regulated by subsection (B) of this section. At intersections of streets, alleys and driveways within See Section 20.30.130 (Traffic Safety Visibility Area). traffic sight areas. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured from finish grade at the base of the wall, not including any required guardrails. A minimum horizontal separation equal to the height of the tallest retaining wall shall be provided between retaining walls, except that the required separation shall not be more than six feet. The above requirements shall not apply to 19-27 Planning Commission Resolution No. PC2019-035 Paae 4 of 7 retaining walls that are an integral part of principal structures. An increase in the height of a retaining wall may be requested in compliance with Section 20.52.050 (Modification Permits) B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1. C. Exceptions to Maximum Height 1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum twenty-four (24) inch high retaining wall shall be allowed to be located at the front property line. Additional retaining walls shall be allowed to a maximum height of thirty-six (36) inches each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1. 2. Decorative Fence/Wall Details and Lights a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are secure and do not extend more than twelve (12) inches above the maximum allowed height. b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or wall. 3. Fencing for Pools and Spas. a. Swimming pools, spas, and other similar features shall be fenced in compliance with Title 15. b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42) 19-28 Planning Commission Resolution No. PC2019-035 Paae 5 of 7 inch height limitations may be allowed to exceed the height limit in compliance with the following standards: i. Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the above, glass or Plexiglas may be allowed; and ii. Fence height shall be limited to the minimum required by Title 15. 5'10" Pedestrian o Sidewalk 40 Percent OpenR Construction Required 5' 10" 2'-0" Pedestrian 2'-0" i M O i Sidewalk N R. Figure 3-1 40 Percent Open Construction Required 0 �n `Existing Grade T r Existing Grade 19-29 Planning Commission Resolution No. PC2019-035 Page 6 of 7 Grade Differential at Front Property Line 4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to nonresidential zoning districts or commercial alleys, fences, walls, or hedges may be up to eight feet in height in required residential side yards for buffering and/or sound attenuation 5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD88 and Where the Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and rear yard setback areas may be increased provided the height does not exceed six feet as measured from the proposed finished grade and nine feet as measured from the existing grade prior to construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is constructed of a transparent material. 6.. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum hedge height shall be five feet. D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing grade prior to construction at the location where the fence, hedge, or wall is located. E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be allowed in residential zoning districts. (Ord. 2012-11 § 1 (Exh. A), 2012: Ord. 2010-21 § 1 (Exh. A)(part), 2010) Section 2: Amending Section 20.80.010 (Area Maps) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to include Area Map A-7 — Lido Isle as follows: 19-30 EdSit: O O O p Q VIA MALAGA STREET IST ST 4, Q 00 TREET � o C 29TH SIti aw a OP C s-� uao r rrnr: SL: a r qOF 4 �] CosbWu �.f^ � CAydhvYld '. LOO a rt rst E LINDA LINDA ISLE y�QeO R � raaaoa `S<9� rslvlo r �BAI rsca ND Paufrc Ocean �`�i L � / f .: ,•,: !` EOGEtyA TER i Clad, ; y O .A yp IV � it` M C/Iir ti a J.. qVF 0y CDC, lo h NUF y1r �w w q rEk 9 e A-7 Lido Isle ----• Strada e D 250 50D � Feet CQ 0 3 3 T.0 (m�m V 0 C 0 Z 0 v � N O -11 CO � O CA) J Un 19-31 ¢ 0. sr K ¢ ¢' x OP �♦ a' 7 uz P( s KINGSH DRIVE S� •��••••• ��'$�j•••.,COasta/ ROAD - i - ••........•.• Zone'Boundary ...•OAST .........H..V..V.1(.r.....: �P CRESTVIEW DR 2p q-0 Qq - 0 VISTA pV ERLV DR Orp' .off LOO �yf! ISLE eqy ' .QO CiR P CEF ® Sh0'QF � PR LOO a rt rst E LINDA LINDA ISLE y�QeO R � raaaoa `S<9� rslvlo r �BAI rsca ND Paufrc Ocean �`�i L � / f .: ,•,: !` EOGEtyA TER i Clad, ; y O .A yp IV � it` M C/Iir ti a J.. qVF 0y CDC, lo h NUF y1r �w w q rEk 9 e A-7 Lido Isle ----• Strada e D 250 50D � Feet CQ 0 3 3 T.0 (m�m V 0 C 0 Z 0 v � N O -11 CO � O CA) J Un 19-31 Attachment F Planning Commission Resolution No. 2019-036 19-32 RESOLUTION NO. PC2019-036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-002 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING STRADAS WITHIN LIDO ISLE (PA2019-132) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. As set forth in Section 30500 of the California Public Resources Code, the California Coastal Act requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction. 2. The California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City of Newport Beach ("City") added Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") to the Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit - issuing authority as of January 30, 2017. 3. An amendment to Title 21 is necessary to allow a maximum hedge height of five (5) feet in front setback areas abutting stradas in Lido Isle ("Amendment"), consistent with Lido Isle Community Association ("LICA") standards. 4. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, drafts of the LCP Amendments were made available and a Notice of Availability was distributed on November 22, 2019 at least six (6) weeks prior to the anticipated final action date. 5. A public hearing was held by the Planning Commission on December 5, 2019, 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 21.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The Amendment is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060 19-33 Planning Commission Resolution No. PC2019-036 Paqe 2 of 9 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are statutorily exempt from the requirements of CEQA in connection with the adoption of a local coastal program. The LCP Amendment itself does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. Authorizing the Amendment would correct an existing inconsistency in hedge height regulations between the City and LICA. City regulations contained within Title 20 (Planning & Zoning) of the NBMC establish a maximum of 42 inches for hedges within front setback areas. In 2001, LICA homeowners voted to amend the Association Covenants, Conditions, and Restrictions ("CC&Rs") to change the hedge height limit abutting stradas (public walkways) from 30 inches to 60 inches. The proposed amendment to Title 21 is to increase maximum hedge heights in front setback areas abutting stradas on Lido Isle from 42 inches to 60 inches, consistent with LICA CC&Rs. 2. The Amendment to raise hedge heights will not have an impact on public views or access to the bay front. Stradas serve as pedestrian walkways for internal lots on Lido Isle and generally do not have public views of bay. Additionally, the bay is not directly accessed from the stradas, as access is found off various access points from Via Lido Nord and Via Lido Soud around Lido Isle. 3. The Amendment to Title 21 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. 4. Title 21, including the proposed amendment, will be carried out fully in conformity with the California Coastal Act. 5. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission finds the Amendment is not a project subject to CEQA pursuant to Section 21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378, California Code of Regulations, Title 14, Division 6, Chapter 3. The Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment. Finally, the adoption of local coastal programs are statutorily exempt according to Section 15265(a)(1) of the CEQA Guidelines. 19-34 Planning Commission Resolution No. PC2019-036 Page 3 of 9 2. The Planning Commission of the City of Newport Beach hereby recommends submittal of Local Coastal Program Amendment No. LC2019-002 related to hedge heights in front setbacks abutting stradas within Lido Isle, amending Section 21.38.060 (Nonconforming Parking) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 5T" DAY OF DECEMBER, 2019. AYES: Ellmore, Kleiman, Koetting, Lowrey, Rosene, Weigand NOES: ABSTAIN: ABSENT: Klaustermeier 19-35 Planning Commission Resolution No. PC2019-036 Paae 4 of 9 EXHIBIT "A" Proposed Amendment to the City of Newport Beach Local Coastal Program Implementation Plan Related to Hedge Heights in Front Setbacks In Lido Isle (LC2019- 002) Section 1: Amend Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: 21.30.040 Fences, Hedges, Walls, and Retaining Walls. This section provides standards for the provision of fences, hedges, walls, and retaining walls for development in all coastal zoning districts. A. Maximum Height Allowed. 1. Fences, Hedges, and Walls. Maximum heights of fences, hedges, and walls are shown in Table 21.30-1. Fences, hedges, and walls shall not be allowed or allowed with a reduced height when necessary to protect coastal resources such as public coastal view, public access, and sensitive habitat. TABLE 21.30-1 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS Location Maximum Height Front setback areas. 42 inches. See subsection (B) of this section. Rear and interior side setback areas. 6 feet in residential and commercial coastal zoning districts. 8 feet in industrial coastal zoning districts adjacent to residential uses. Setback areas abutting or adjacent to the waterfront of 42 inches from existing grade prior to construction. Newport Bay, the shoreline of the Pacific Ocean, the Setback areas on Balboa Island and Little Balboa Island Old Channel of the Santa Ana River (the Oxbow Loop), that are abutting or adjacent to Newport Bay are or the channels in West Newport. regulated by subsection (B) of this section. 19-36 Planning Commission Resolution No. PC2019-036 Paqe 5 of 9 TABLE 21.30-1 MAXIMUM HEIGHT OF FENCES, HEDGES, AND WALLS Location Maximum Height At intersections of streets, alleys and driveways within See Section 21.30.130 (Traffic Safety Visibility Area). traffic sight areas. 2. Retaining Walls. The maximum height of a retaining wall shall be eight feet measured from finished grade at the base of the wall, not including any required guardrails. A minimum horizontal separation equal to the height of the tallest retaining wall shall be provided between retaining walls, except that the required separation shall not be more than six feet. The above requirements shall not apply to retaining walls that are an integral part of principal structures. An increase in the height of a retaining wall may be requested in compliance with Chapter 21.52 (Coastal Development Review Procedures). B. Special Area Regulations. In front setback areas in Balboa Peninsula, Balboa Island, Corona del Mar, West Newport, East Bay Front on Little Balboa Island, and North Bay Front and South Bay Front on Balboa Island fences and walls shall be allowed to extend to a height of five feet; provided, that any portion of the fence or wall above two feet shall be constructed of open grillwork, wrought iron, latticework, pickets, Plexiglas, or similar materials so that at least forty (40) percent of the portion of the fence or wall above two feet is open. See Figure 3-1. C. Exceptions to Maximum Height 1. Grade Differential. Where the existing or proposed grade of a lot adjacent to the front setback area is more than twenty-four (24) inches above the adjacent sidewalk (or curb elevation where no sidewalk exists), a maximum twenty-four (24) inch high retaining wall shall be allowed to be located at the front property line. Additional retaining walls shall be allowed to a maximum height of thirty-six (36) inches each, provided they are set back a minimum distance of twenty-four (24) inches from the inward face of the previous retaining wall. Additional retaining walls shall be subject to the same limitation. A maximum forty-two (42) inch guardrail shall be allowed atop the uppermost retaining wall for safety purposes, provided the guardrail is constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence is open. See Figure 3-1. 2. Decorative Fence/Wall Details and Lights. 19-37 Planning Commission Resolution No. PC2019-036 Paae 6 of 9 a. Finials, light fixtures, pilaster caps, pots, and similar decorative items may be placed on fence or wall vertical support elements (e.g., pilasters, pillars, posts, etc.), provided they are secure and do not extend more than twelve (12) inches above the maximum allowed height. b. The number of decorative items (e.g., finials, pilaster caps, pots, and similar items) and light fixtures shall be limited to not more than one item or fixture for every six lineal feet of fence or wall. 3. Fencing for Pools and Spas. a. Swimming pools, spas, and other similar features shall provide safety fencing. b. Fencing and guardrails for ponds, spas, and swimming pools located in a front setback area or in the rear and side setback areas regulated as front setback areas on lots with forty-two (42) inch height limitations may be allowed to exceed the height limit in compliance with the following standards: i. Fences shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least forty (40) percent of the fence or wall is open. In lieu of the above, glass or Plexiglas may be allowed; and ii. Fence height shall be limited to the minimum required for safety. 19-38 Planning Commission Resolution No. PC2019-036 Paae 7 of 9 5'10" Pedestrian N Sidewalk 40 Percent Open I Construction d - Required 5'1 0" 2'-0";. Pedestrian Q M 0 ' o Sidewalk N A Figure 3-1 Grade Differential at Front Property Line 40 Percent Open Construction Required 0 Zn Existing Grade Existing Grade 4. Residential Uses Adjacent to Commercial Uses or Alleys. For residential lots adjacent to nonresidential coastal zoning districts or commercial alleys, fences, walls, or hedges may be up to eight feet in height in required residential side yards for buffering and/or sound attenuation. 5. Residential Lots Where the Top of Slab Is Required to Be Raised to 9.0 NAVD 88 and Where the Grade of the Lot Is Proposed to Be Increased. The height of fences and walls within required side and 19-39 Planning Commission Resolution No. PC2019-036 Paae 8 of 9 rear yard setback areas may be increased provided the height does not exceed six feet as measured from the proposed finished grade and nine feet as measured from the existing grade prior to construction. Additionally, the height of fences or walls shall not exceed nine feet as measured from the existing grade of an abutting lot. The portion of the fence or wall above six feet in height from the existing grade prior to construction shall be constructed of open grillwork, wrought iron, latticework, pickets, or similar materials so that at least sixty (60) percent of the fence or wall is open or is constructed of a transparent material. 6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the maximum hedge height shall be five feet. D. Measurement of Fence or Wall Height. The height of a fence, hedge, or wall shall be measured from the existing grade prior to construction at the location where the fence, hedge, or wall is located. E. Prohibited Fence Materials. Barbed wire, electrical fences, razor wire, and other similar materials shall not be allowed in residential coastal zoning districts. (Ord. 2016-19 § 9 (Exh. A)(part), 2016) Section 2: Amending Section 21.80.010 (Area Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to include Area Map A-10 — Lido Isle as follows: 19-40 sash: IST C� ucE ,a mT .•. h 3. m O a .v z m PC DRIVE }�••• kltyGs � - h ROAO •r•''�Coasra�Zone Boundary ..r•..... • •BOAST FIWI( CRESTVIEW - OR 0 �p VISTA - - 4..1,VERLV DR- Ojr aQ 0 -CN . .4tt syoRF OR LINDA mw CrryOq rErmrscea �R9 O ��ti ria�o z 5 y^ CAY'•f _. ; i�� n� C•abAMs• �y1, •. WlydMlad_ �E;y,j ��o 151 1 4 C t I Pac!(rc ocean ,z,x -9 EDGE, AVE FR ''fir- .LD�e•$NaA;h AVENUE r�� (u Ott EoGewa rER ,t• A-10 Lido Isle ----• Strada 0 250 500 MMMC=300= Feet 19-41 0 o' p A C VIA MALAGA TREET j IST ST TREET � O rp 29TH SIS >� r �9 4 IST C� ucE ,a mT .•. h 3. m O a .v z m PC DRIVE }�••• kltyGs � - h ROAO •r•''�Coasra�Zone Boundary ..r•..... • •BOAST FIWI( CRESTVIEW - OR 0 �p VISTA - - 4..1,VERLV DR- Ojr aQ 0 -CN . .4tt syoRF OR LINDA mw CrryOq rErmrscea �R9 O ��ti ria�o z 5 y^ CAY'•f _. ; i�� n� C•abAMs• �y1, •. WlydMlad_ �E;y,j ��o 151 1 4 C t I Pac!(rc ocean ,z,x -9 EDGE, AVE FR ''fir- .LD�e•$NaA;h AVENUE r�� (u Ott EoGewa rER ,t• A-10 Lido Isle ----• Strada 0 250 500 MMMC=300= Feet 19-41 Attachment G December 5, 2019 Planning Commission Draft Hearing Minutes 19-42 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, DECEMBER 5, 2019 REGULAR MEETING — 6:30 P.M. CALL TO ORDER — The meeting was called to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE — Commissioner Ellmore III. ROLL CALL PRESENT: Chair Peter Koetting, Vice Chair Erik Weigand, Secretary Lee Lowrey, Commissioner Curtis Ellmore, Commissioner Lauren Kleiman, Commissioner Mark Rosene ABSENT: Commissioner Sarah Klaustermeier Staff Present: Community Development Director Seimone Jurjis, Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, City Traffic Engineer Tony Brine, Police Civilian Investigator Wendy Joe, Assistant Planner David Lee, Assistant Planner Liz Westmoreland, Administrative Support Specialist Clarivel Rodriguez, Administrative Support Technician Amanda Lee IV. PUBLIC COMMENTS None V. REQUEST FOR CONTINUANCES None VI. PUBLIC HEARING ITEMS ITEM NO. 1 LIDO ISLE HEDGE HEIGHTS CODE AND LCP AMENDMENTS (PA2019-132) Site Location: Lido Isle Summary: Amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan) to raise maximum hedge height limitations in front setbacks abutting stradas on Lido Isle from 42 inches to 60 inches. Recommended Action: 1. Receive public comments; 2. Find the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15050(c)(3), and 1537. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; 3. Adopt Resolution No. PC2019-035 recommending the City Council approve Code Amendment No. CA2019-005; and, 4. Adopt Resolution No. PC2019-036 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-002 to the California Coastal Commission. Commissioners Rosene, Kleiman, Ellmore, Lowrey and Weigand disclosed no ex parte communications. Chair Koetting disclosed his receipt of correspondence from a neighbor. Assistant Planner David Lee reported Lido Isle Covenants, Conditions, and Restrictions (CC&Rs) allow hedges to reach a maximum height of 5 feet, but City regulations allow a maximum height of 3.5 feet. The Lido Isle Community Association (LICA) has requested a Code amendment to increase the maximum hedge height for Lido Isle to 5 feet when the hedge is located in the front setback abutting a strada only. The City Council approved initiation of the subject Code amendment on September 10, 2019. 1 of 7 19-43 Planning Commission Minutes December 5, 2019 Assistant Planner Lee stated that Lido Isle consists of primarily single-family residences and a handful of multi -unit lots. Stradas, defined as public pedestrian walkways with no vehicular access, are located throughout Lido Isle. Residents of Lido Isle commonly utilize the yard area abutting a strada as a backyard and allow hedges to grow taller to provide more privacy for the yard. Lido Isle properties are subject to front setbacks of 10 feet along stradas, 4 feet along streets, and 1.5 feet along side streets but no rear setbacks. In a traditional configuration, the maximum allowed height for hedges and walls is usually greater in the required rear yards than in the front yard in order to create more privacy. Lido Isle properties typically have a front yard abutting a strada and a second front yard abutting a street. The maximum allowed height for hedges and walls in front yards is 3.5 feet. Thus, Lido Isle residents have little private outdoor space. The proposed Code amendment increases the allowed height of hedges located in front setbacks abutting Lido Isle stradas to 5 feet consistent with the CC&Rs. In reply to Chair Koetting's inquiries, Assistant Planner Lee advised that residents have to trim an overgrown hedge to a height of 5 feet. In 2001, the Lido Isle Community Association increased the maximum hedge height from 30 inches to 60 inches. The City's maximum allowed hedge height has always been 42 inches or 3.5 feet. Deputy Community Development Director Jim Campbell noted an increase in the maximum hedge height will not impact any public views from any of the stradas. The Local Coastal Program Implementation Plan has to be amended to allow a less restrictive requirement for hedge heights on Lido Isle. Chair Koetting opened the public hearing. Eric Henn, Lido Isle Community Association President, explained that front doors face the street on Lido Isle rather than the strada because garages are located along the street. In 2001, residents voted to increase the hedge height to 5 feet to provide some privacy for homes' backyards. Scott Souders supported the proposed amendment. His Lido Isle home has 5 -foot hedges along the strada. Without the hedges, a pedestrian can look into his home. Chair Koetting closed the public hearing. Motion made by Vice Chair Weigand and seconded by Commissioner Kleiman to adopt Resolution No. PC2019-035 recommending the City Council approve Code Amendment No. CA2019-005 and Resolution No. PC2019-036 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-002 to the California Coastal Commission. AYES: Koetting, Weigand, Lowrey, Ellmore, Kleiman, Rosene NOES: ABSTAIN: ABSENT: Klaustermeier ITEM NO. 2 FUNKE VARIANCE (PA2018-042) Site Location: 536 Hazel Drive Summary: A request to construct a 777 -square -foot addition to an existing 2,011 -square -foot, single-family residence to accommodate a Code -compliant two -car garage and additional second -floor living area. Specifically, the variance is requested to allow a portion of the proposed garage and new second -floor bedroom to encroach 2 feet into the required 5 -foot front setback along Hazel Drive. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2019-037 approving Variance No. VA2018-002. Assistant Planner Liz Westmoreland reported the property is located north of East Coast Highway at the edge of Corona del Mar. A portion of the property is located in Buck Gully. The house was built in the 1950s and has a 2 of 7 19-44 Planning Commission Minutes December 5, 2019 nonconforming carport. In 1988, a modification permit was approved for a similar project on the property. However, the project was not constructed, and the permit expired. The applicant seeks to build a compliant two - car garage, to modernize the house, to add square footage, and to maintain the natural canyon area at the rear of the site. The applicant has requested approval of a variance to allow a portion of the new construction to encroach 2 feet into the 5 -foot front setback. The stair and front entryway will not encroach into the front setback. The proposed construction will add approximately 350 square feet and a garage to the home. The buildable area of the lot is constrained by the principal structure stringline such that the available area on the lot to construct a residence is smaller than any other property on the 400 and 500 blocks of Hazel Drive. Since other projects have built out further than the subject project, they can be rebuilt in the existing location. The subject project does not have the same ability. Staff recommends approval of the variance because it will remove two cars from the street. Approximately 85 square feet of the proposed structure on both the first and second level will encroach into the front setback. Commissioners Rosene, Kleiman, Ellmore, Lowrey and Weigand disclosed no ex parte communications. Chair Koetting disclosed a conversation with a neighbor. In response to Vice Chair Weigand's queries, Assistant Planner Westmoreland indicated granting the variance would not create a precedent for neighboring properties. About four other projects along the street have received modification permits or variances allowing similar construction reducing the front yard setback. The prior variances and modifications do not create a precedent, but do help demonstrate compatibility. The other similar projects have not been detrimental to the community. In answer to Commissioner Ellmore's questions, Assistant Planner Westmoreland explained that the applicant proposes to work within the existing structure while remodeling and adding square footage. The structure will have to comply with current Building Codes. In order to be considered a remodel rather than a redevelopment, the project must retain some loadbearing components of the structure. If the applicant proposed to rebuild the structure, a variance may still be required because the constraint on buildable area would be the same. In reply to Commissioner Rosene's inquiries, Assistant Planner Westmoreland indicated the stringline policy of the General Plan causes development to expand out or towards the street. Deputy Community Development Director Campbell indicated that redevelopment of homes along Buck Gully could extend structures towards Buck Gully over time, but a General Plan amendment would be required to revise the policy and prevent any expansion towards the Buck Gully. In response to Chair Koetting's queries, Assistant Planner Westmoreland advised that the structure does not meet the definition of a cottage. Staff proposed Condition of Approval No. 2 because the applicant wanted to maintain the existing foundation and structural components. If the project is extended into the canyon to the principal stringline, then the applicant has indicated that the foundation and structural components would have to be completely replaced to support the addition. Condition of Approval No. 2 is intended to keep the applicant from extending into both the canyon and into the front setback. Chair Koetting opened the public hearing. Erich Funke, property owner, reported the purpose of the project is to create a livable, modern home and a usable garage. The proposed two -car garage will replace the existing master bedroom, which will be relocated to the new second floor. He agreed to the proposed conditions of approval. Tracey Funke, property owner, indicated one adjacent neighbor has an existing two -car garage and a second adjacent neighbor will be constructing a two -car garage. Neighbors support the project. Jim Mosher noted the staff report does not refer to the Implementation Program for the General Plan policy and questioned the absence of an implementing regulation from the Zoning Code. In addition, he questioned the rationale for the applicant requesting a variance rather than applying for a modification permit. The variance is needed because the applicant does not want to move a wall of the structure, not because the stringline constrains the buildable area. 3 of 7 19-45 Planning Commission Minutes December 5, 2019 Deputy Community Development Director Campbell explained that in updating the Zoning Code in 2010, the Council limited the scope of modification permits to no more than 10 percent of the standard. The applicants could not achieve their objectives through a modification permit because the relief sought exceeds 10 percent of the standard leading to the subject variance application. Amending the Zoning Code to include regulations to implement the stringline policy is an item on staffs work plan. The unique circumstances in this case include the steep topography, the regulations, and the interior wall. Denying the variance request could result in the applicant selling the home to someone who would demolish the existing structure and build a home with a large basement. In answer to Commissioner Ellmore's questions, Deputy Community Development Director Campbell stated the project is an extensive remodel with an addition. The appearance of the proposed home will be completely different from the existing structure. Assistant Planner Westmoreland reported Condition of Approval No. 12, regarding construction noise, should state "... on Saturdays, Sundays or Holidays." In response to Commissioner Rosene's inquiry, Deputy Community Development Director Campbell clarified that the Council revised the modification permit process in 2010. The applicants cannot utilize a modification permit because of the amount of relief they are seeking. Steve Prough, a neighbor, expressed his support for the project. Chair Koetting closed the public hearing. Motion made by Secretary Lowrey and seconded by Chair Koetting to approve staffs recommendation with the revision of Condition of Approval No. 12. AYES: Koetting, Weigand, Lowrey, Ellmore, Kleiman, Rosene NOES: RECUSED: ABSENT: Klaustermeier Commissioner Kleiman departed the meeting at approximately 7:12 p.m. ITEM NO. 3 MALIBU FARM EXPANSION (PA2019-057) Site Location: 3416, 3420, and 3424 Via Oporto Summary: A minor use permit to expand an existing food service, eating and drinking establishment with a Type 47 (On -Sale General for Bona Fide Public Eating Place) Alcoholic Beverage Control (ABC) license. The existing restaurant is located at 3420 Via Oporto and includes indoor and outdoor areas. The existing 624 -square -foot, take -out -only ice cream and coffee shop (to remain) is located at 3416 Via Oporto. The proposed expansion would convert the existing Malibu Farm retail store at 3424 Via Oporto into additional restaurant space. No late hours (after 11 p.m.) are proposed. If approved, this Minor Use Permit would supersede Use Permit No. UP2017-026. Recommended Action: 1. Conduct a public hearing; 2. Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines because it has no potential to have a significant effect on the environment; 3. Adopt Resolution No. PC2019-038 approving Minor Use Permit No. UP2019-022 and rescinding Use Permit No. UP2017-026. 4 of 7 19-46 Planning Commission Minutes December 5, 2019 Assistant Planner Westmoreland reported the Planning Commission approved a minor use permit for the existing restaurant in 2017. In 2018, a conditional use permit addressed parking for Lido Marina Village and allocated the maximum square footage for restaurant uses in Lido Marina Village. If the Planning Commission approves the project, 115 square feet of net public area will remain for restaurant uses within Lido Marina Village. The applicant proposes to expand the existing restaurant and add a small back -of -house area to the former Malibu Farm retail space. The applicant does not propose to operate the business after 11 p.m. The 2018 conditional use permit for parking at Lido Marina Village includes a condition of approval requiring a minimum of 6 feet for public access along the waterfront but 10 feet is the ideal. Assistant Planner Westmoreland described an improvement within the existing public walkway easement to provide a gated landing area for an ADA -accessible gangway that redirects the public. Staff does not recommend approval of the proposed patio area because it would allow for less than 10 feet of access, the ideal standard, and could further impede public access in the presence of the gated landing area. Commissioners disclosed no ex parte communications. In answer to Vice Chair Weigand's inquiry, Assistant Planner Westmoreland advised that the gangway provides access to different uses within the existing waterfront marina. Chair Koetting opened the public hearing. John Stockwell, business owner, remarked that the patio is important to the restaurant because people like to sit outside. The distance between the proposed patio and the railing is only 5 feet, and pedestrians have to walk around it. He proposed constructing a patio 10 feet away from the ADA -accessible gangway. The railing is a sidewalk obstruction with or without the proposed patio. In reply to Vice Chair Weigand's inquiries, Assistant Planner Westmoreland clarified that the condition of approval states the public walkway along the waterfront should be 10 feet wide. The proposed patio would provide a 6 -foot accessway to the accessible gangway and encroach into the sidewalk. The restaurant has an existing patio. Police Civilian Inspector Wendy Joe stated the Police Department's only interest in the project pertains to alcohol licensing and use. Deputy Community Development Director Campbell suggested staff could structure the conditions so that the Planning Commission could approve the project with the proposed patio and the applicant could submit modifications to the patio for ministerial review and the Director's approval. In answer to Chair Koetting's question, Assistant Planner Westmoreland indicated an engineer familiar with accessibility requirements would have to determine if the landing could be relocated. In response to Commissioner Ellmore's queries, Mr. Stockwell advised that the proposed patio can accommodate eight seats, and the edge of the patio would be 10 feet 5 inches away from the landing. The patio does not receive direct sunlight because it's on the north side of the building, and umbrellas probably would not be needed for shade. In answer to Vice Chair Weigand's questions, Deputy Community Development Director Campbell related that a retractable awning or umbrellas over the patio could be feasible. Previously, the Planning Commission included a condition of approval indicating an ideal sidewalk would be 10 feet wide. A minimum width of 6 feet is acceptable to staff. Mr. Stockwell expressed concern regarding Conditions of Approval Nos. 2 and 6. Kristofer Golder, DJM Capital, requested Condition of Approval No. 2 to be deleted because the applicant wants to retain the outdoor patio; he requested Condition of Approval No. 3 should be modified to state maintenance of a 6 -foot pedestrian easement clear of any obstructions; Condition of Approval No. 6 should be deleted because it states only the existing patio shall be permitted; and a condition of approval may be added to require reconfiguring or removing the existing ADA railings at the gangway to maintain clearance on the boardwalk. Chair Koetting suggested the Planning Commission continue the item so that staff and the applicant can resolve issues with the conditions of approval and the ADA -accessible gangway. He expressed concern about insufficient parking to support an expansion of the restaurant. 5 of 7 19-47 Planning Commission Minutes December 5, 2019 Motion made by Chair Koetting and seconded by Commissioner Ellmore to continue the item. In reply to Vice Chair Weigand's inquiries, Assistant Planner Westmoreland reported the expansion falls within the allowable square footage allocated to restaurant uses under the parking study and the conditional use permit for parking. The condition requires the boardwalk to be a minimum of 6 feet wide and ideally 10 feet wide. With the proposed patio, the boardwalk will be 6 feet wide. Vice Chair Weigand preferred to allow ministerial review and approval of any changes rather than to continue the item. Deputy Community Development Director Campbell advised that staff could likely work with the applicant and return the item to the Commission on January 9, 2020. If the gated gangway landing could be relocated, staff would support the proposed patio. Commissioner Rosene could approve the project with ministerial review of modifications to the landing. Community Development Director Seimone Jurjis indicated that the holiday closure would delay resolution of the issues beyond the next few weeks. Jim Mosher related that the building faces east, and the proposed patio would receive the morning sun. Condition of Approval No. 57 refers to a 60 -day time period but does not state the action that begins the 60 - day period. Assistant Planner Westmoreland recommended Condition of Approval No. 57 state "within 60 days of approval." Chair Koetting closed the public hearing. Chair Koetting and Commissioner Ellmore withdrew the motion. Secretary Lowrey could agree to continuing the item or approving the project with ministerial review but did not wish to delay the project unduly. Based on Mr. Golder's confirmation that construction plans have not been submitted, Chair Koetting commented that construction could not begin for several months. He proposed any motion require resolution of the ADA -accessible gangway prior to allowing the applicant to implement the outdoor patio. Deputy Community Development Director Campbell recommended the Planning Commission: (1) replace Condition of Approval No. 2 with "the proposed 132 -square -foot outdoor patio may be permitted provided the existing dock railing impediment within the 6 -foot easement is removed or relocated to the satisfaction of the Director;" (2) delete the second and third sentences from Condition of Approval No. 3; and (3) delete the second and third sentences from Condition of Approval No. 6. In answer to Commissioner Ellmore's query, Mr. Golder advised that an awning that does not impede the boardwalk could be installed over the proposed patio. Condition of Approval No. 10 may be modified to state "the use of umbrellas for shade purposes shall be permitted. Any other type of outdoor covering shall be subject to review and approval by the Community Development Director." Motion made by Vice Chair Weigand and seconded by Commissioner Rosene to adopt Resolution No. PC2019-038 approving Minor Use Permit No. UP2019-022 and rescinding Use Permit No. UP2017-026 with the stated revisions to Conditions of Approval Nos. 2, 3, 6, 10, and 57. 6 of 7 19-48 Planning Commission Minutes December 5, 2019 AYES: Koetting, Weigand, Lowrey, Ellmore, Rosene NOES: RECUSED: ABSENT: Klaustermeier, Kleiman VII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA. Community Development Director Jurjis appreciated Commissioners' service during 2019. The next meeting will be January 9, 2020. The Council has requested that staff prepare an action plan to address the Regional Housing Needs Allocation (RHNA) for the City, and staff will present an action plan to the Council on January 14, 2020. Listen and Learn workshops are scheduled for Districts 1 and 4, next week. ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES None VIII. ADJOURNMENT — 7:55 p.m. The agenda for the December 5, 2019, Planning Commission meeting was posted on Friday, November 22, 2019, at 3:00 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City's website on Friday, November 22, 2019, at 1:05 p.m. Peter Koetting, Chairman Lee Lowrey, Secretary 7 of 7 19-49 Attachment H Map of Lido Isle 19-50 � m x a d N �t DRIVE P as ( • "� VIA MAUGA R,. 14:E •��� 1-• Q�.fil�� � 3TFLEE7.. ! . Zone Bounhhdary y��p �...... .... • 'COA' y• .... .f 1ST ST DN TREET b p ..IGra LOCI +� rsLf 6q P c1F t 1 rq'pn .� r uov y SPE ffltx'UW r A-7 Lido Isle .ftF A rt"'J4� ----• Strada �x. 1$yAq•p F�GFCA�FR ,lYfi FY G C 2S0 50a 19-51 Attachment I Map of Coastal Zone 19-52 100 Legend ..........: ----------------- -- Local Coastal Plan Boundary ---- City Boundary Coastal Zone Area Coastal Zone City of Newport Beach, California Coastal_Zone_Featured_Areas.mA November/2008 Newport Coast Se _ mot A Part) �MC 0 0.225 0.45 0.9 Miles 1 1 1 19-53