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HomeMy WebLinkAbout2017-56 - Authorizing the Submittal of Certified Local Coastal Program Amendments to the California Coastal Commission (PA2013-057, PA2017-047 and PA2017-069)RESOLUTION NO. 2017-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF CERTIFIED LOCAL COASTAL PROGRAM AMENDMENTS TO THE CALIFORNIA COASTAL COMMISSION (PA2013-057, PA2017-047 AND PA2017-069) WHEREAS, Section 30500 of the Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, on July 11, 2017, the City Council adopted Resolution No. 2017-45, which authorized the submittal of LCP Amendment No. LC2017-002 to the California Coastal Commission; WHEREAS, on July 25, 2017, the City Council adopted Resolution No. 2017-50 and Resolution No. 2017-51, which authorized the submittal of LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-003, respectively, to the California Coastal Commission; WHEREAS, Section 30514(b) of the California Coastal Act of 1976 restricts the number of submittals for proposed major LCP amendments to three in any calendar year, with no limitation on the*number of amendments included in each submittal; WHEREAS, the California Coastal Commission has determined LCP Amendment No. LC2013-002, LCP Amendment No. LC2017-003, and a portion of LCP Amendment No. LC2017-002 (revisions to Implementation Plan Sections 21.30.015(E)(5), 21.38.040(G)(1) and the addition of new Implementation Plan Section 21.52.090) to be major LCP Amendments; WHEREAS, the City submitted two of the three major LCP amendments permitted during Calendar Year 2017; WHEREAS, the City Council determines it is necessary to consolidate LCP Amendment No. LC2013-002, LCP Amendment No. LC2017-003, and a portion of LCP Amendment No. LC2017-002 (revisions to Implementation Plan Sections 21.30.015(E)(5), 21.38.040(G)(1) and the addition of new Implementation Plan Section 21.52.090) to allow submission of these amendments to the California Coastal Commission in Calendar Year 2017; WHEREAS, public hearings were held by the City Planning Commission in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, on May 4, 2017 for LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017- 002 and on June 8, 2017, for LCP Amendment No. LC2017-003. Resolution No. 2017-56 Page 2 of 3 WHEREAS, public hearings were held by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, on July 11, 2017, for LCP Amendment No. LC2017-002 and on July 25, 2017, for LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-003. Notices of time, place and purpose of these public hearings were given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at these public hearings; and WHEREAS, pursuant to California Code of Regulations Section 13515, review drafts of the LCP amendments were made available and a notice of the availability was distributed a minimum of six weeks prior the public hearing. 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 the following LCP amendments to the California Coastal Commission for review and approval: 1. Oceanfront Encroachment Program (LC2013-002) — Amendments to the Coastal Land Use Plan Policy 3.13 and the Implementation Plan Appendix C to establish an encroachment program for East Oceanfront, as attached in Exhibit A (Resolution No. 2017-50) and incorporated herein by reference; 2. LCP Clean-up (LC2017-002) — Amendments to the Implementation Plan to: (i) revise Implementation Plan Section 21.30.015(E)(5) to provide consistent language regarding protective devices; (ii) revise Implementation Plan Section 21.38.040(G)(1) to permit expansion of nonconforming residential structures up to 75 percent with a coastal development permit; and (iii) add new Implementation Plan Section 21.52.090 to clarify regulations relating to modifications and variances, as attached in Exhibit B (Resolution No. 2017-45) and incorporated herein by reference; and 3. Accessory Dwelling Units (LC2017-003) —Amendments to the Implementation Plan to establish regulations permitting the development of Accessory Dwelling Units in single-family residential zoning districts, as attached in Exhibit C (Resolution No. 2017-51) and incorporated herein by reference. Section 2: The LCP amendments 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. Section 3: The LCP, including the proposed amendments, will be carried out fully in conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2017-56 Page 3 of 3 Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-002 are statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1) exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. LCP Amendment No. LC2017-003 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units would not be a "project" for CEQA purposes, and environmental review would not be required prior to approving individual applications. 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 12th day of September, 20 ATTEST: f f a Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Hrp City Attorney 11GV I1 Mayor EXHIBIT A Resolution No. 2017-50 for LCP Amendment No. LC2013-002 RESOLUTION NO. 2017-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2013-002 ESTABLISHING THE EAST OCEAN FRONT ENCROACHMENT AND REMOVAL AND REPLACEMENT PROGRAM TO THE CALIFORNIA COASTAL COMMISSION (PA2013-057) WHEREAS, Section 30500 of the Public Resources Code requires each county and city to prepare a Local Coastal Program (LCP) for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission effectively certified the City of Newport Beach's (City) LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017. The LCP is comprised of the Coastal Land Use Plan (LUP) and Coastal Implementation Plan (IP); WHEREAS, LCP Amendment No. LC2013-002 creates a comprehensive encroachment program, similar to the program in place for West Ocean Front, which remedies the issue of unpermitted development in the City's fee owned15-foot right-of- way parallel to East Ocean Front; WHEREAS, removal of unpermitted improvements and replacement with appropriate materials is required for areas beyond the City's fee owned 15 -foot right-of- way and in tidelands areas; WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on April 9, 2015, 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 Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission recommended the City Council approve the LUP amendment establishing the East Ocean Front Encroachment and Removal and Replacement Program; WHEREAS, a public hearing was held by the City Council of the City of Newport Beach on July 26, 2016, 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 Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. At the conclusion of the public hearing, the City Council approved the LUP amendment establishing the East Ocean Front Encroachment and Removal and Replacement Program; Resolution No. 2017-50 Page 2 of 3 WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted to recommend City Council approval of LCP Amendment No. LC2013-002 which, as of January 13, 2016 encompasses, the LUP and IP; WHEREAS, a public hearing was held by the City Council on July 25, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review drafts of LCP Amendment No. LC2013-002 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2013-002 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2013-002 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 4: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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. Resolution No. 2017-50 Page 3 of 3 Section 7: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), LCP Amendment No. LC2013-002 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. Section 8: 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 25" day of July, 2017. ATTEST: Q( dlt��AA..�, � Leilani : Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Exhibit A: LCP Amendment No. LC2013-002 EXHIBIT A Local Coastal Program Amendment (LC2013-02) City of Newport Beach Coastal Land Use Plan Proposed Amendments to Chapter 3.0 Public Access and Recreation Section 3.1.3 Beach Encroachments Policies 3.1.3-3 through 3.1.3-9 3.1.3-3. Limit the maximum oceanward extent of encroachments to the following encroachment zones: A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. C. 36th Street to E Street. Between A Street and a point 250 feet southeast of E Street, up to the inland edge of the Oceanfront Boardwalk (7 to 8 feet oceanward of the rear property line) and within an oceanward prolongation of the side property lines. D. E Street to 107 G Street. No encroachments are permitted from a point 250 feet southeast of E Street to and including 107 G Street, with the exception of landscaping trees existing prior to October 22, 1991 and groundcover. E. 1400 East Ocean Front to Channel Road. A maximum of 15 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. 3.1.3-4. Limit encroachments within encroachment zones as follows: A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a building permit. B. Prohibit pressurized irrigation lines and valves. C. Prohibit any object that exceeds 36 inches in height, with the exception of landscaping. D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources. E. Require landscaping to be designed and maintained to avoid impacts to public access and views. F. Restrict landscaping in dune habitat areas to native vegetation. 3.1.3-5. Require annual renewal of encroachment permits and a fee. 3.1.3-6. Require encroachment permits to specify that the property owner waives and gives up any right to contest the validity of the oceanfront street easement, and that the encroachment permit is revocable, without cause, if the City proposes to construct public improvements within that zone. 3.1.3-7. Require encroachment permits to specify that the construction of any seawall, revetment or other erosion control devices, if necessary, shall occur within, or as close as feasible to, private property. 3.1.3-8. Incorporate into the implementation plan regulations specifying the types of improvements permitted within encroachment zones, a prohibition on improvements that could impair or restrict public access or views, procedures for the encroachment permit applications, City administration of the policy, and other appropriate provisions. 3.1.3-9. As mitigation for any impact on beach access resulting from the encroachments: A. Maintain 33 street ends between 36th Street and Summit to provide an average of 2 parking spaces per street, and additional spaces where feasible. B. Meter West Newport street end parking spaces in the same manner as the West Newport Park in order to encourage public use of the spaces. C. Maintain a hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The walkway shall extend oceanward a sufficient distance to allow a view of the surfline by an individual seated in a wheelchair. At least one handicapped parking space shall be designated at the Orange Avenue street end and at least one other handicapped parking space at one other West Newport street end. D. Require a minimum of 85 percent of the fees generated by encroachments will be used for the construction and maintenance of improvements which directly benefit the beach -going public such as parking spaces, transportation alternatives, restrooms, vertical or lateral walkways along the beach and similar projects. City of Newport Beach Coastal Implementation Plan Proposed Amendments to Appendix C Appendix C — Oceanfront Encroachment Policy Guidelines The Oceanfront Encroachment Policy established specific restrictions and conditions on the installation of private improvements in the public right of way along the oceanfront from the Santa Ana River Channel to Channel Road. The policy included a mitigation program involving the reconstruction of 33 unimproved street ends between 361" Street and Summit Street to provide additional parking and improved public access. In 2002, the final five street ends were reconstructed. Pursuant to the mitigation program, a minimum of 85 percent of the encroachment fees will be used for the construction and maintenance of improvements which directly benefit the beach -going public such as parking spaces, restrooms, vertical or lateral walkways along the beach and similar projects. The Oceanfront Encroachment Policy was originally approved by the Coastal Commission on June 11, 1991 and finalized by the City Council through the adoption of Resolution No. 91-80 on July 11, 1991. These restrictions and conditions were incorporated into the Coastal Land Use Plan, which was approved by the Coastal Commission on October 13, 2005, adopted by the City Council on December 13, 2005, and became effective on February 8, 2006. These guidelines are intended to implement the Oceanfront Encroachment Policy by establishing a procedure for approval of permitted encroachments, removal of prohibited encroachments, limiting the extent of encroachments, and clarification of improvements permitted within each encroachment zone. A. Definitions. 1. For the purpose of this Section, the following words and phrases shall be defined as specified below: a. Existing encroachment shall mean any encroachment or improvement installed or constructed before May 31, 1992. b. New encroachment shall mean any encroachment or improvement installed or constructed after May 31, 1992. C. Improvements or Encroachments shall mean any object, thing or landscaping: i. within or oceanward of any encroachment zone described in this policy; ii. within or oceanward of the north edge of the Oceanfront Boardwalk, between 36th Street and A Street; or iii. oceanward of any residential parcel from a point 250 feet southeast of E Street to Channel Road. d. Encroachment permit shall mean the permit issued by the Public Works Director authorizing the maintenance or installation of encroachments or improvements within the encroachment zones described in this policy. e. Application shall mean any application for an encroachment permit pursuant to the provisions of this policy and the land use plan of the local coastal program. f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean the concrete walkway along the oceanside of ocean front residential properties between 36th Street and a point approximately 250 feet southeast of E Street. B. Encroachment Zones. Subject to compliance with the provisions of this policy: The owner of any ocean front residential parcel between the Santa Ana River and 52nd Street may install improvements on the oceanside of the parcel up to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. 2. The owner of any oceanfront residential parcel between 52nd Street and 36th Street may install improvements on the ocean side of the parcel up to a maximum of 10 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. 3. The owner of any oceanfront residential parcel between A Street and a point 250 feet southeast of E Street may install improvements up to the inland edge of the Oceanfront Boardwalk and within an oceanward prolongation of the property lines on the side of the parcel. 4. The owner of any oceanfront residential parcel between and including 1400 East Ocean Front and Channel Road may install improvements on the oceanside of the parcel up to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. C. Prohibited Encroachments. 1. Encroachments and improvements are prohibited oceanward of private property between 36th Street and A Street. 2. Encroachments and improvements are prohibited oceanward of any ocean front parcel from a point 250 feet southeast of E Street to and including 107 G Street, with the exception of landscaping trees existing prior to October 22, 1991, and groundcover. 3. Any existing encroachment or improvement for which no application has been filed on or before May 31, 1992, and any new encroachment or improvement for which no application is filed prior to installation is prohibited. 4. Any new or existing encroachment or improvement which, on or after July 1, 1992, is not in conformance with this policy is prohibited. 5. Any new or existing encroachment or improvement for which there is no valid permit. D. Permitted Encroachment/Improvements. Subject to compliance with the provisions of this policy, the following improvements are permitted within the encroachment zones described in Section B: 1. Patio slabs or decks no higher than six inches above existing natural grade. The determination of grade will be made as provided in Section J. 2. Walls and/or fences less than 36 inches in height above existing natural grade. The determination of grade will be made as provided in Section J. 3. Existing improvements which were constructed in conjunction with development for which a building permit was issued may be approved by the Public Works Director upon a finding that the improvement is consistent with or is modified to be consistent with the standards of this chapter. 4. . Where a shoreline protective device per Section 21.30.030(Natural Landform and Shoreline Protection) cannot be sited within private property, it may be sited as close as feasible to private property. In no event shall a shoreline protective device be constructed to protect a private encroachment authorized on a public right-of-way. E. Prohibited Improvements. 1. Except for perimeter walls and/or fences less than 36 inches in height, any structural, electrical, plumbing or other improvements which require issuance of a building permit. 2. Pressurized irrigation lines and valves. 3. Any object which exceeds 36 inches in height, exclusive of the following: a. trees planted by the City of Newport Beach or private parties pursuant to written policy of the City Council of the City of Newport Beach; or b. any landscaping or vegetation within the encroachment zone subject to the following: i. The vegetation or landscaping was installed prior to the first effective date of this policy; ii. The vegetation or landscaping does not block views from adjoining property; iii. The vegetation or landscaping does not function as a hedge as defined in Title 20 of the Newport Beach Municipal Code; and iv. The vegetation or landscaping does not impair or affect the health, safety or welfare of persons using the oceanfront Walk, nearby property owners, or residents of the area. V. New plant materials that have not been approved by a coastal development permit issued by the Coastal Commission. Notwithstanding the provisions of this Subparagraph, the City reserves the right to reduce the height of any existing landscaping at any time, upon a determination by the Public Works Director, and after notice to the owner of property on which the vegetation or landscaping exists, that a reduction in height is necessary or appropriate given the purposes of this policy. F. Permit Process. 1. An encroachment permit shall be required for all permitted improvements. The application shall be filed with the Public Works Department on a form provided by the City. The application shall be signed by the owner of the property, or an agent of the owner if the application is accompanied by a document, signed by the owner, granting the agent the power to act for the owner with respect to the property. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. Applications with incomplete information and/or inadequate drawings will not be accepted. 2. Applications for existing encroachments must be filed on or before May 31, 1992. Applications for new encroachments shall be filed before any encroachment or improvement is installed. No new encroachments or improvements shall be installed without an encroachment permit. 3. Upon receipt of the application, the Public Works Director shall, within fifteen (15) days after the date of filing, determine if the application is complete or if additional information is necessary or appropriate to an evaluation of the application. In the event the application is incomplete or additional information is necessary, written notice to that effect shall be sent to the property owner within twenty (20) days after the application is filed. 4. With respect to applications for existing encroachments, an inspection shall be conducted of all improvements within the encroachment zone before a permit is issued by the Public Works Director. With respect to applications for new encroachments, an on site inspection will be conducted after installation of the improvements to insure conformity with provisions of the permit and this Section. 5. The Public Works Director shall approve the permit upon a determination that the encroachments proposed to be constructed, or to remain, are permitted by this Section, the applicant has agreed to abide by all of the terms and conditions imposed on the permit, and the applicant has paid all fees. 6. The Public Works Director shall have the authority to condition his/her approval of the encroachment permit as necessary or appropriate to insure compliance with the provisions of this Section. The Public Works Director shall have the specific authority to condition approval of an encroachment permit on the removal of nonconforming improvements within a specified period of time. 7. The Public Works Director shall notify the applicant of his/her decision within sixty (60) days after the application is filed and the decision of the Public Works Director shall be final. G. Term. Except as provided in this Section, annual encroachment permits shall expire on June 30 of each calendar year. 2. Encroachment permits issued prior to June 30, 1992 shall expire June 30, 1993. H. Renewal. Annual renewal fees shall be due and payable on or before May 31 preceeding the annual term of the permit. For example: Annual renewal fees due on May 31, 2001, are for the period July 1, 2001 through June 30, 2002. 2. The Public Works Director shall approve annual renewal if: a. The applicant has complied with all standard and special conditions of approval; b. The applicant has constructed only those improvements and encroachments authorized by the permit; C. The applicant is in compliance with all of the provisions of this policy. J Standard Conditions. 1. The Public Works Director shall impose standard conditions of approval on all encroachment permits. These standard conditions shall include, without limitation, the following: a. The obligation of permittee to comply with all of the provisions of this policy and all conditions imposed upon the permit. b. The right of the Public Works Director to revoke any permit after notice and hearing if the permittee is in violation of this policy or conditions to the permit. C. The right of the City to summarily abate encroachments or improvements which are prohibited by this policy or conditions on the permit upon ten (10) day's written notice. d. The obligation of permittee to pay all costs incurred by the City in summarily abating any prohibited improvement. e. The obligation of permittee to defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment. f. Permittee's waiver of any right to contest the City's street and public access easement over property within or oceanward of the encroachment zones. g. The right of the Public Works Director or his designee to inspect improvements within the encroachment zone without notice to the permittee. h. The right of the City to cancel or modify any, or all, encroachment permit(s) upon a determination by the City Council to construct a public facility or improvement within or adjacent to the encroachment zone. 2. The construction of any seawall, revetment or other device necessary to control erosion, shall occur as close to private property as feasible. Erosion control devices shall not be placed or installed closer to the ocean to protect improvements or encroachments. 3. The Public Works Director may impose additional standard conditions necessary or appropriate to insure compliance with, or facilitate City administration of this policy. Determination of Grade. The nature of the beach makes a precise determination of grade difficult. The level of the sand changes with wind, storm, and tidal conditions. The Public Works Director shall determine the level from which the height of encroachments and improvements is to be measured. In making this determination, the Public Works Director shall consider the following criteria: a. The existing natural grade in the area; d. Any data on the historic elevation of the beach in that area. K. Annual Fee. The fees based on the depths of encroachment shown below shall be established by resolution of the City Council and paid annually as a condition of the issuance of encroachment permits: Depth of Encroachment 0-5feet 5 - 7 1/2 feet 7 1/2 - 10 feet 10 - 15 feet 2. For purposes of determining fees, the average depth of the encroachment shall be used. However, the maximum depth shall not exceed the limitations specified in Section B. A dimensional tolerance not to exceed 12 inches may be allowed in determining the appropriate fee to be paid by persons with existing encroachments. 3. The annual fee shall be due and payable upon submittal of the application for the initial encroachment permit. Renewal fees shall be due May 31 of each year. The fee shall be considered delinquent thirty (30) days thereafter. Delinquent fees shall be established by resolution of the City Council. 4. The annual fee shall be used to defray City costs of administration, incidental costs of improvements on street ends along the oceanfront, and incidental costs to enhance public access and use of the ocean beaches. At least eighty-five (85%) percent of the fees shall be used by the City to implement the mitigation plan as required by Amendment No. 23 to the Land Use Plan of the City's Local Coastal Program. (See Section M.) L. Violations/Remedy, 1. The City shall, in addition to any right or remedy provided by law, have the right to do any or all of the following in the event a permittee is in violation of the provisions of this policy or any condition to the permit, or any encroachment or improvement violates the provisions of this policy: a. Revoke the permit after giving the permittee notice and an opportunity to be heard upon a determination that there is substantial evidence to support a violation of this policy. The Public Works Director shall establish the specific procedures designed to insure that permittee receives due process of law. b. Summarily abate any encroachment or improvement violative of this policy after giving the permittee or property owner ten (10) day's written notice of its intention to do so in the event the permittee or property owner fails to remove the encroachment or improvement. The permittee or property owner shall pay all costs incurred by the City in summarily abating the encroachment or improvement. The determination of the Public Works Director with respect to abatement shall be final. M. Mitigation Plan. To mitigate any impact on beach access resulting from the encroachments, the City shall: Reconstruct thirty-three unimproved street ends between 36th Street and Summit to provide additional parking and approved access in accordance with the following: The reconstruction shall provide a minimum, where feasible, of two parking spaces per street end and shall proceed in substantial conformance with the standard drawing, attached as exhibit "A." b. The City shall use at least eighty-five percent (85%) of the fees to fund reconstruction of street ends until all have been improved. The City will use its best efforts to improve three or more street ends per year (except during the yearwhen vertical handicapped access is constructed), and anticipates that funding will be adequate to do so. C. West Newport street -end parking spaces shall be metered in the same manner as the West Newport Park in order to encourage public use of the spaces. 2. Within three years after Council approval of this Resolution, City shall construct a hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The walkway shall extend oceanward a sufficient distance to allow a view of the surfline by an individual seated in a wheelchair. At least one handicapped parking space shall be designated at the Orange Avenue street end. City shall designate at least one other handicapped space at one of the first three street ends improved. 3. Subsequent to the reconstruction of all West Newport street ends, at least eighty- five percent (85%) of the fees generated by encroachments will be used for the construction of improvements which directly benefit the beach going public such as parking spaces, transportation alternatives, rest rooms, vertical or lateral walkways along the beach and similar projects. 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; that the foregoing resolution, being Resolution No. 2017-50 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 2511 day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None RECUSED: Council Member Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of July, 2017. A4W Leilani I. Brown ` City Clerk Newport Beach, California Resolution No. 2017-45 for LCP Amendment No. LC2017-002 RESOLUTION NO. 2017-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-002 TO THE CALIFORNIA COASTAL COMMISSION (PA2017-047) WHEREAS, Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal Program ("LCP")forthat portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit - issuing authority on January 30, 2017; WHEREAS, LCP Amendment No. LC2017-002 is necessary to address issues that have arisen since the LCP was certified, incorporate land use and property regulations adopted by the City after submission of the LCP to the California Coastal Commission and to clarify LCP administrative procedures; WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted (5 ayes, 0 noes, 2 absent) to adopt Planning Commission Resolution No. 2055, recommending City Council approval of LCP Amendment No. LC2017-002; WHEREAS, a public hearing was held by the City Council on July 11, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-002 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2017-002 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: The City Council does hereby further authorize City staff to submit the component amendments of LCP Amendment No. LC2017-002 to the California Coastal Commission grouped as either "de minimis," "minor" and/or "major," as necessary, based on direction received from California Coastal Commission staff. Resolution No. 2017-45 Page 2 of 2 Section 3: LCP Amendment No. LC2017-002 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 4: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act, Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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 7: Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-002 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. 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 July, 2017. ATTEST: �?11 I I W14 APPROVED AS TO FORM: CITY A TORNEY'S OFFICE Aaron C. Harp City Attorney Mayor Resolution No. 2017-45 Page 3 of 13 EXHIBIT A LC2017-002 1. Amend Policy 4.4.2-1 of the City of Newport Beach Coastal Land Use Plan to read as follows: 4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3 with exceptions for assembly and meeting facilities, government facilities, architectural features, boat cranes, chimneys and vents, dormers, elevator shafts, flagpoles, landmark buildings, light standards, mechanical equipment, solar equipment, peaks of sloping roofs and other similar fixtures and exterior structures specified in, and regulated by, the certified Local Coastal Program Implementation Plan. 2. Amend Section 21.26.055 of the Newport Beach Municipal Code to add Section 21.26.055(V) to read as follows, with all other provisions of Section 21.26.055 remaining unchanged: V. Lido Villas (PC -59). 1. Lot Size: 52,099 square feet (1.2 acres) 2. Density/intensity Limit: twenty-three (23) dwelling units. 3. Setbacks. a. Via Lido: 9 feet (first floor); 4 feet, 5 inches (second floor) b. Via Malaga: 7 feet, 3 inches (first floor); 6 feet, 6 inches (second floor) c. Via Oporto: 6 feet (first floor); 3 feet (second floor) d. North Interior Property Line: 5 feet 4. Height: Thirty-five (35) feet. 3. Amend Section 21.30.010.015(E)(5) and Section 21.30.015(E)(5)(a) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.30.015 remaining unchanged: 5. Waiver of Future Protection. As a condition of approval of new development, the review authority shall require an agreement between an applicant, including its successors and assigns, and the City in favor of the City, in a form approved by the City Attorney, and recorded by the applicant, waiving any potential right to future protection that results in any encroachment seaward of the authorized footprint of the protective device to address situations in the future in which development is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. The applicant shall agree to: a. Never construct structures or features over the economic life of the development to protect the development that results in any encroachment seaward of the authorized footprint of the protective device; and Resolution No. 2017-45 Page 4 of 13 4. Amend Section 21.30.060(C) and Section 21.30.060(D) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.30.060(C) and Section 21.30.060(D) remaining unchanged: C. Increase in Height Limit. 1. Procedure. The height limits established in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) may be increased within specified areas with approval of a coastal development permit when all applicable findings are met in compliance with subsection (C)(3) of this section (Required Findings). 2. Height Limit Areas. The height limit areas shall be as follows: a. R -A, R-1, R -BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-four (24) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up to a maximum of twenty- eight (28) feet with a flat roof or thirty-three (33) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies in all R -A, R-1, R -BI, and R-2 Coastal Zoning Districts as shown on the Coastal Zoning Map. b. RM Coastal Zoning District Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-eight (28) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is thirty-three (33) feet. The height of a structure may be increased up to a maximum of thirty-two (32) feet with a flat roof or thirty- seven (37) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies in the RM Coastal Zoning District as shown on the Coastal Zoning Map. c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is twenty-six (26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet. The height of a structure may be increased up to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with a sloped roof through the approval of a coastal development permit application as provided above. The shoreline height limit shall apply to all nonresidential coastal zoning districts and mixed-use coastal zoning districts within the boundaries of the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is thirty-two (32) feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet. The height of a structure may be increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit shall apply to all nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning districts within its boundaries. The nonresidential, nonshoreline height limit area is identified as all of the area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). e. High Rise Height Area. In this height limit area, the maximum height limit shall be three hundred (300) feet and no further Increase to the maximum allowed height is available. This height limit is applicable to all nonresidential coastal zoning districts within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). Resolution No. 2017-45 Page 5 of 13 f. Planned Communities Coastal Zoning District. Height limits established as part of an adopted planned community shall be as specified in Section 21.26.055 (Planned Community Coastal Zoning District Development Standards). If a PC District is located within the Shoreline Height Limit Area, per Map H-1, the thirty-five (35) foot height limit shall prevail over any other higher height limit identified in a PC District. 3. Required Findings. The review authority may approve a coastal development permit to allow an increase in the height of a structure above the base height limit only after first making all of the following findings in addition to the findings required in Section 21.52.015(F): a. The project is sited and designed to protect public views to and along the ocean and scenic coastal areas; and b. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and c. Where feasible, the project will restore and enhance visual quality in visually degraded areas. D. Exceptions to Height Limits. 1. Assembly and Meeting Facilities. Structures used as places of worship may be allowed to exceed the height limit subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures). Where more than one structure exists or is proposed for the site, only the principal structure shall be eligible for approval to exceed the maximum height limit. 2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other decorative rooftop features) of an open nature, but excluding guardrails, parapet walls, and similar features, may be allowed up to the height limit for a sloped roof. Architectural features with a height greater than that allowed for a sloped roof shall be subject to the approval of a coastal development permit. 3. Boat Cranes. Boat cranes used in conjunction with an approved marine -oriented nonresidential use may be allowed to exceed the maximum height limit up to a maximum operating height of seventy (70) feet, subject to the approval of a coastal development permit. 4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof -mounted vents shall be allowed to exceed the allowed height limits as follows: a. Chimneys may extend above the allowed height limit a maximum of two feet or a greater height if required by the City's Building Code; b. Spark arrestors may extend above the top of a chimney a maximum of two feet, provided they do not exceed a width of two feet and a length of four feet; and c. Roof -mounted vents may extend above the allowed height limit a maximum of twelve (12) inches or a greater height if required by the City's Building Code. 5. Dormers. Dormers may be allowed to exceed the maximum height; provided, that: a. The total width of the dormer that exceeds the height limit shall not be greater than thirty- five (35) percent of the length of the side of the structure where the dormer is located; b. The roof pitch of the dormer shall not be less than 2:12; and c. The peak of the dormer shall not be higher than the peak of the roof on which it is located. Resolution No. 2017-45 Page 6 of 13 6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by the California Building Code, provided they do not exceed thirty (30) square feet in area, unless a larger elevator is required by the California Building Code and/or the Fire Department. In these instances, the area of the elevator or stair housing shall not exceed the minimum size required by the California Building Code and/or the Fire Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs with a minimum 3/12 pitch. 7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) sets forth exceptions to height limits for these structures. 8. Flagpoles. a. Ground -mounted flagpoles shall be allowed in residential coastal zoning districts to a maximum height of twenty-eight (28) feet and in nonresidential coastal zoning districts to a maximum height of thirty-five (35) feet. b. Flagpoles mounted on tops of buildings located in nonresidential coastal zoning districts shall be allowed to exceed the maximum height limit by up to twenty (20) feet. 9. Landmark Buildings. An alteration or addition to a landmark building shall be exempt from height limits; provided, that structural alterations or additions that exceed the height of the existing structure shall require approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures) and shall not exceed a maximum of fifty-five (55) feet in height. The coastal development permit may be approved only if all of the following findings are first made in addition to those findings identified in Section 21.52.015(F): a. The portion of the structural alteration or addition that exceeds the height of the existing structure does not significantly impact public views from public rights-of-way. b. The portion of the structural alteration or addition that exceeds the height of the existing structure will not be used in a manner that increases the intensity of the use of the landmark building. c. The allowed height of the landmark building will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the landmark building. 10. Light Standards. Light standards may be allowed to exceed maximum height limits, subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures). All light fixtures and standards shall comply with the requirements of Section 21.30.070 (Outdoor Lighting). 11. Mechanical Equipment. a, Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning districts, roof - mounted mechanical equipment, totaling not more than thirty (30) percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to five feet. b. Residential Coastal Zoning Districts. In residential coastal zoning districts, roof -mounted equipment is not allowed to exceed the maximum height limit for the coastal zoning district. 12. Solar Equipment. The height limit regulations in this Implementation Plan do not apply to equipment and panels used for the production of solar energy. Resolution No. 2017-45 Page 7 of 13 13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed the maximum height limit by up to six inches on conforming roofs. 14. Marina Park Lighthouse Feature. A single, up to maximum seventy-three (73) foot tall, faux lighthouse architectural tower, that creates an iconic landmark for the public to identify the site (1600 West Balboa Boulevard) from land and water as a boating safety feature, may be allowed. No further exceptions to the height limit shall be allowed, including, but not limited to, exceptions for architectural features, solar equipment or flagpoles. Any architectural tower that exceeds the thirty-five (35) foot height limit shall not include floor area above the thirty-five (35) foot height limit, but shall house screened communications or emergency equipment, and shall be sited and designed to reduce adverse visual impacts and be compatible with the character of the area by, among other things, incorporating a tapered design with a maximum diameter of thirty-four (34) feet at the base of the tower, Public viewing opportunities shall be provided above the thirty-five (35) feet, as feasible. 15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and 475 32nd Street a. At least seventy-five (75) percent of the total area of the site shall be thirty-five (35) feet in height or lower. b. Buildings and structures up to fifty-five (55) feet in height with the peaks of sloping roofs and elevator towers up to sixty (60) feet in height provided it is demonstrated that development does not adversely materially impact public views. c. Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height. d. Buildings and structures over thirty-five (35) feet in height, including architectural features, shall not occupy more than twenty-five (25) percent of the total area of the site. e. Buildings and structures over forty-five (45) feet in height, including architectural features, shall not occupy more than fifteen (15) percent of the total area of the site. f. With the exception of a fire station, all buildings and structures over thirty-five (35) feet in height, including architectural features, shall be set back a minimum of sixty (60) feet from the Newport Boulevard right-of-way and seventy (70) feet from the 32nd Street right-of-way. g. A fire station may be located in its current location and may be up to forty (40) feet in height. h. A fire station may include architectural features up to forty-five (45) feet in height to house and screen essential equipment. (Ord. 2016-19 § 1 (Exh. A)(part), 2016) 16. Government Facilities. Structures owned, operated, or occupied by the City or other governmental agency to provide a governmental service to the public may be allowed to exceed the height limit subject to the approval of a coastal development permit In compliance with Chapter 21.52 (Coastal Development Review Procedures) where the increase in height is necessary for the facility to function (e.g., lifeguard towers, tsunami warning sirens, architectural design features that accommodate emergency vehicles or essential equipment, etc.). 5. Amend Section 21.30.075(B)(4)(b) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.30.075(B)(4)(b) remaining unchanged: b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming, Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage and all Resolution No. 2017-45 Page 8 of 13 lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage. 6. Amend Section 21.38.040(G)(1) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.38.040(G)(1) remaining unchanged: 1. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of the existing structure; expansion of residential structures may be permitted up to a maximum of seventy-five (75) percent with the approval of a coastal development permit. Amend Table 21.50-1 of Section 21.51.020 of the Newport Beach Municipal Code to read as follows, with all other provisions of Table 21.50-1 of Section 21.51.020 remaining unchanged: TABLE 21.50-1 — REVIEW AUTHORITY Notes: (1) 'Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision making body, in compliance with Chapter 21.64 (Appeals and Calls for Review). Applica Role of Review Authority (1) Type of ble Code Harbor Action Chapter Director Zoning Resources Commission Council Coastal /Section Administrator Manager (2) Commission Administrative and Legislative Interpretations Section 21.12.02 Determination (3) Appeal Appeal Appeal (8) 0 Am Amendments d Recommend Decision (4) Decision (4) Section Approvals in 21.52.01 Determination Determination Appeal pp Appeal pp Concept 5(B)(1)( (3) (5) a) Waiver for De Section Minimis 21.52.05 Decision (9) (9) Development 5 Permits and Approvals Coastal Section Development 21.52.01 Decision (6) Appeal Appeal Decision (7) Permits 5 Appeal (2) Emergency Section Coastal Development 21.52.02 Decision (3) Appeal Appeal Permits 5 Notes: (1) 'Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision making body, in compliance with Chapter 21.64 (Appeals and Calls for Review). Resolution No. 2017-45 Page 9 of 13 (2) The Council is the final review authority for all applications in the City. A decision by the City on a coastal development permit application within the appeal areas depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission in compliance with Chapter 21.64 (Appeals and Calls for Review). (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action. (4) The California Coastal Commission is the final decision making authority on amendments to the Local Coastal Program. (5) For development located on tidelands or submerged lands that did not involve a discretionary action authorized by this Implementation Plan where the authority is specifically assigned to the Council, Commission, Director, or Zoning Administrator. (6) If the project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), then the applicable review authority shall be the authority for the other discretionary approval. (7) All development on tidelands, submerged lands, and public trust lands as described in California Public Resources Code Section 30519(b) and In deferred certification areas designated by the Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City. This provision does not include those tidelands, submerged lands, and public trust lands where permit authority may be delegated to the City at a future date if determined by the Coastal Commission to be filled and developed and located within an area committed to urban uses pursuant to Coastal Act Section 30613. (8) Appeal procedure for interpretations shall only apply to interpretations made by the Director on the determination of whether a development is categorically excluded, exempt, nonappealable or appealable to the Coastal Commission according to the dispute resolution process in compliance with Section 21.50.050(8). (9) A waiver shall not take effect until after the Director makes his/her report to the City Council. If one- third of the City Council (two members) so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the coastal development permit provisions of Chapter 21.52 (Coastal Development Permit Review Procedures). 8. Amend Section 21.52.035(C)(4) of the Newport Beach Municipal Code to renumber Section 21.52.035(C)(4)(c)(iii) to Section 21.52.035(C)(4)(d) with all other provisions of 21.52.035(C)(4) remaining unchanged: d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single -unit residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. 9. Amend Section 21.52.052(H) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.52.052(H) remaining unchanged: H. Notice of Final Action. Within seven days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of Title 14 California Code of Regulations Section 13570, a notice of its final action shall be sent by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope. Such notice shall be accompanied by a copy of the exemption, denial or conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission. Resolution No. 2017-45 Page 10 of 13 10. Amend Section 21.52.055 of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.52.055 remaining unchanged: F. Report to the City Council. The Director shall report to the City Council at its next available public meeting those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the City Council. A list of waivers issued by the Director shall be available for public inspection at the public counter of the Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director makes his/her report to the City Council. If two members of the City Council so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the coastal development permit provisions of this chapter. 11. Amend Chapter 21.52 of the Newport Beach Municipal Code add Section 21.52.090 to read as follows, with all other provisions of Chapter 21.52 remaining unchanged: 21.52.090 Relief from Implementation Plan Development Standards. A. Purpose. The purpose of this section is to provide relief from the development standards of this Implementation Plan when so doing is consistent with the purposes of the certified Local Coastal Program and will not have an adverse effect, either individually or cumulatively, on coastal resources. B. Applicability. Any development standard of this Implementation Plan may be modified or waived through the approval of a coastal development permit, except: allowed and prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions (for example, prohibitions intended to protect coastal resources, prohibited barriers to public access, limits on the use of protective structures, prohibited materials, prohibited plant species, prohibited signs, etc.); or procedural requirements. Modifications. Minor deviations for the following development standards may be permitted when practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships: a. Height modifications from exceptions identified in Part 3 of this Title (Site Planning and Development Standards). The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified. Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 of this Title (Site Planning and Development Standards); ii. Flag poles in excess of the exception to the allowed height limits; and iii. Heights of fences, hedges, or walls (except retaining walls). b. Setback Modifications. The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified. Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 21.30.110 (Setback Regulations and Exceptions). Exceptions include the following: (A) Modifications shall not be allowed for encroachments into alley setbacks; and Resolution No. 2017-45 Page 11 of 13 (B) Modifications shall not be allowed for encroachments into bluff setback areas. ii. Structural appurtenances or projections that encroach into front, side, or rear setback areas. C. Other Modifications. Except as otherwise provided, the following modifications are not limited in the amount of deviation from the standard being modified: i. Distances between structures located on the same lot; ii. Landscaping standards in compliance with Chapter 21.30.075 (Landscaping), except for subsection (B)(3); iii. Size or location of parking spaces, access to parking spaces, and landscaping within parking areas; v. Increase in allowed floor area of additions for uses that have nonconforming parking; vi. Increase in allowed height, number, and area of signs; vii. Increase in the allowed height of retaining walls; and viii. Increase in allowed floor area of additions for nonconforming residential structures as identified in Section 21.38.040 (Nonconforming Structures). Variances. Waiver or modification of certain standards of this Implementation Plan may be permitted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. 2. Modifications and Waivers Authorized Elsewhere. This section is not applicable when a modification or waiver to a development standard is specifically authorized elsewhere in this Implementation Plan. C. Findings and Decision. The review authority may approve or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the following findings as applicable: The granting of the modification is necessary due practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships; or 2. The granting of the variance is necessary due to special circumstances applicable to the properly, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district; and Resolution No. 2017-45 Page 12 of 13 3. The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); 4. The modification or variance will not have an adverse effect, either individually or cumulatively, on coastal resources; and 5. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. 12. Amend Chapter 21.62 of the Newport Beach Municipal Code to add Section 21.62.050 to read as follows, with all other provisions of Chapter 21.62 remaining unchanged: Section 21.62.050 Public Hearing Waiver for Minor Development. A. Purpose. The purpose of this section is to provide a process, in accordance with Section 30624.9 of the Coastal Act, through which the public hearing requirement may be waived for certain minor developments that require coastal development permits. B. Minor Development Defined. For purposes of this section, "minor development" means a development that the Director determines satisfies all of the following requirements: 1. Is consistent with the certified Local Coastal Program; 2. Requires no discretionary approvals other than a coastal development permit; and 3. Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast. C. Procedure. The Director may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development, if all of the following occur: 1. Notice is mailed or delivered to all persons and agencies required to be notified under Section 21.62.020(8)(2). The notice shall contain and shall contain all of the information required in Section 21.62.020(A). In addition, the notice of waiver of public hearing for the pending application shall contain the following: a. A statement that a public hearing will be held upon the written request of any person provided that such written request is received by the Department within fifteen (15) working days from the date of sending the notice; and b. For proposed development within the appealable area, a statement that failure by a person to submit a written request for a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a coastal development permit application in this matter. 2. No request for public hearing is received by the Department within fifteen (15) working days from the date of sending the notice pursuant to subsection (1) of this section. Resolution No. 2017-45 Page 13 of 13 3. Requests for hearing must be made in writing to the Department. Upon receipt of a request for a hearing, the Department shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of this Chapter. 13. Amend Section 21.64.050(A) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.64.050(A) remaining unchanged: A. Director. Interpretations and decisions of the Director may be appealed or called for review to the Planning Commission, with the exception of waivers for de minimis development, which are reported to the City Council pursuant to Section 21.52.055(E). 14. Amend Section 21.64.035(C)(2) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.64.035(C)(2) remaining unchanged: 2. An appeal of a City decision was filed by two members of the Coastal Commission in compliance with Public Resources Code Section 30625. Notice of a Coastal Commissioner's appeal shall be transmitted to the City in compliance with Title 14 California Code of Regulations Section 13111(d). The Director may transmit the Coastal Commissioners' appeal to the local appellate body (which considers appeals from the review authority that rendered the final decisions subject to the Coastal Commissioners' appeal), and the Coastal Commissioners' appeal may be suspended pending a decision on the merits by that City appellate body. If the final action by an appellate body modifies or reverses the previous decision, the Coastal Commissioners appeal shall be required to file a new appeal from that decision. 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; that the foregoing resolution, being Resolution No. 2017-45 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 1111 day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Kevin Muldoon NAYS: None ABSENT: Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12'h day of July, 2017. d,4'�"Ili &m2., Leilani I. Brown v � r City Clerk Newport Beach, California (Seal) EXHIBIT C Resolution No. 2017-51 for LC2017-003 RESOLUTION NO. 2017-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-003 TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2017-069) WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016) requires jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2; WHEREAS, Senate Bill 1069 and Assembly Bill 2299 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, and others, at below market prices within existing neighborhoods; WHEREAS, homeowners who construct accessory dwelling units may benefit from added income and an increased sense of security; WHEREAS, allowing accessory dwelling units in single-family residential zones provides additional rental housing stock; WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the City of Newport Beach (City) is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, the City has designated areas where accessory dwelling units may be located, when permitted by California Government Code Section 65852.2, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; Resolution No. 2017-51 Page 2 of 3 WHEREAS, a public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission continued the hearing to June 8, 2017; WHEREAS, a public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No. 2057 by a majority vote of 4-1, recommending approval of Local Coastal Program Amendment No. LC2017-003 to the City Council; WHEREAS, a public hearing was held on July 25, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-003 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit LCP Amendment No. LC2017-003 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2017-003 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 LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act. Resolution No. 2017-51 Page 3of3 Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. 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 25th day of July, 2017. Kevin Mu Mayor Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE V�g (t�► Aaron C. Harp City Attorney EXHIBIT "A" Local Coastal Program Amendment No. LC2017-003 Section 1: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to add Policy 2.7-5 as follows, with all other provisions of the Coastal Land Use Plan remaining unchanged: 2.7-5. Administer the provisions of Government Code Section 65852.2 relative to the development of accessory dwelling units to increase the supply of lower-cost housing in the coastal zone and meet the needs of existing and future residents while respecting the architectural character of existing neighborhoods and in a manner consistent with the LCP and any applicable policies from Chapter 3 of the Coastal Act Section 2: Newport Beach Municipal Code (NBMC) Subsection 21.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units, accessory dwellinq units and light farming uses, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-1 (Single -Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and accessory dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. Section 3: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Accessory Dwelling Units A A Section 21 48 200 Section 4: Table 21.18-2 in NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) is amended, in part, as to the "Density/Intensity" row as follows: Each legal lot shall be allowed one single -unit detached dwelling. Section 5: NBMC Subsection 21.31.110(D) (Allowed Encroachments into Setback Areas) is amended to add subpart 16 to read as follows: 16. Accessory Dwelling Units Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 21 48 200 (Accessory Dwellinq Units). Section 6: Table 3-10 in NBMC Section 21.41.040 (Off -Street Parking Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows: Accessory Dwelling Units 1 per . uniti a -mi^" ^urn "^" severed -per site. Section 7: Amend NBMC Chapter 21.48 to add Section 21.48.200 (Accessory Dwelling Units) to read as follows, with all other provisions of Chapter 21.48 remaining unchanged: 21.48.200 Accessory Dwelling Units A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units as defined in Part 7 (Definitions) and in the California Government Code Section 65852 .2, or any successor statute in single -unit residential zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority Accessory dwelling units shall be approved in all single -unit residential coastal zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan subject to the approval of the Director upon finding that the following conditions have been met: 1. The dwelling conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards Except as modified by this subsection an accessory dwellin unit shall conform to all requirements of the underlying residential coastal zoning district any applicable overlay district and all other applicable provisions of this Code including but not limited to height setback site coverage floor area limit and residential development standards and design criteria: unless the unit is contained within a legal nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet excluding submerged land area shall be required in order to establish an accessory dwelling unit. 2. Setback requirements Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located except in cases where the minimum required garage setbacks differ from principal building setbacks in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit provided that the side and rear setbacks comply with required Building Codes b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage 3. Building height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet unless the accessory dwelling unit is constructed above a garage,in which case the structure shall comply with the height limits of the underlying zoning district. 4. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area or 50 percent of the existing floor area (excluding garage) of the principal unit whichever is less 5. Design An accessory dwelling unit shall be designed and sited to a. Be similar to the principal dwelling with respect to architectural style roof pitch color, and materials: b. Protect public access to and along the shoreline areas: c. Protect public views to and along the ocean and scenic coastal areas: d. Protect sensitive coastal resources: and e. Minimize and where feasible avoid shoreline hazards 6. Conversion of space within existing structure Notwithstanding the provisions of subsections C(1)C(2) C(3) CM and C(5) above an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure has independent exterior access from the existing dwelling, and the side and rear setbadks comply with required Building Codes and iF the accessory dwelling unit conforms with the following a. For the purposes of this section the portion of the single -unit dwelling or accessory structure must have been leaally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit b. No new or separate utility connection may be required between the accessory dwelling unit and the utility service such as water, sewer, and power. 7. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the principal residence 8. Passageway. No passageway shall be required in coniunction with the construction of an accessory dwelling unit For the purposes of this section "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit 9. Parking Parking shall comply with requirements of Chapter 21.40 (Off Street Parking) except as modified below a. One parkinq space required for one -bedroom or efficiency unit two parkinq spaces required for unit with two or more bedrooms b. Such Parking may be provided as tandem parking and/or may be located on an existing driveway; however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection LL ii. Accessory dwelling units located within one-half mile of a public transit For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods iii. Accessory dwelling unit is located within an architecturally and historically significant district. iv. When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit v. When there is a car -share vehicle located within one block of the accessory dwelling unit For the purposes of this section 'bar share vehicle' shall mean part of an established program intended to stay in a fixed location for at least 10 Years and available to the public If an accessory dwelling unit replaces an existing garage replacement spaces must be provided When a garage carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit including but not limited to as covered spaces, uncovered spaces or tandem spaces or by the use of mechanical automobile parking lifts. D. Additional requirements for all accessory dwelling units 1. Sale of units The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed Only one accessory dwelling unit may be located on the lot 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling_ unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot Deed restriction and recordation required Prior to the issuance of a Building and/or Grading Permit for an accessory dwelling unit the property owner shall record a deed restriction with the County Recorder's Office the form and content of which is satisfactory to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements and restrictions on short-term rentals This deed restriction shall remain in effect so long as the accessory dwelling unit exists on the property. F. Coastal Development Permits. Hearing Exemption All of the provisions of Chapter 21.52 regarding the review and approval of Coastal Development Permits in relation to accessory dwelling units are applicable except that a public hearing as required by Chapter 21.62 shall not be required Public notice shall be provided as required in Section 21.62.020, except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearing will be held and that written comments on the proposed development may be submitted. 2. Appeal Exemption. Notwithstanding the local appeal provisions of Chapter 21 64 coastal development permits for accessory dwelling units that are defined as "appealable development" pursuant to Section 21 64 035(A) may be directiv appealable to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or City Council Section 8: The definition of "Accessory Dwelling Unit (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Sevier Accessory." Section 9: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: MW W11101 WIN Dwelling Unit Accessory (Land Use). A dwelling unit accessory to and attached to detached from or contained within the principal dwelling unit on a site zoned for a single-family dwelling An accessory dwelling unit also includes the following• 1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code or any successor statute. 2. A manufactured home as defined in Section 18007 of the Health and Safety Code or any successor statute. Section 10: Subpart 8 in NBMC Subsection 21.90.060(D) (Accessory Uses Permitted) is amended to read as follows: 8. Accessory dwelling unit in conformance with Section 21.48.200. 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; that the foregoing resolution, being Resolution No. 2017-51 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261" day of July, 2017. Leilam I. Mown City Clerk Newport Beach, California 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; that the foregoing resolution, being Resolution No. 2017-56 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of September, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of September, 2017. Aluu(jf kA Le ani I. grown City Clerk Newport Beach, California