HomeMy WebLinkAbout04 - Adoption of Ordinances to Amend Setback Map S-1A (PA2019-216)Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
April 28, 2020
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David Blumenthal, AICP, Planning Consultant
dblumenthal@newportbeachca.gov
PHONE: 949-644-3204
TITLE: Ordinance Nos. 2020-11 and 2020-12: Adoption of Ordinances to
Amend Setback Map S -1A (PA2019-216)
ABSTRACT:
For City Council's consideration is the adoption of Ordinance Nos. 2020-11 and 2020-12 to
amend Setback Map No. S -1A to adjust the required setbacks for property located at
6501/6503 Seashore Drive. The attached ordinances were introduced and considered at
the April 14, 2020, City Council meeting. Ordinance No. 2020-11 amends Section
20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code (NBMC). Ordinance No. 2020-12 amends Section 21.80.040 (Setback
Maps) of Title 21 (Local Coastal Implementation Plan) of the NBMC. Although no new
development is proposed, the amendments would establish setbacks and buildable area
applicable to future development of the property comparable with other properties in the
vicinity.
RECOMMENDATION:
a) Find this project categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15305 under Class 5 (Minor Alterations in Land Use
Limitations) of the CEQA Guidelines, because it has no potential to have a significant
effect on the environment;
b) Conduct second reading and adopt Ordinance No. 2020-11, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Zoning Code Amendment
No. CA2019-008 to Amend Setback Map S -1A - West Newport as Set Forth in Section
20.80.040 (Setback Maps) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code Applicable to the Property Located at 6501/6503 Seashore Drive
(PA2019-216); and
c) Conduct second reading and adopt Ordinance No. 2020-12, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Local Coastal Program
Amendment No. LC2019-007 to Amend Setback Map S -1A - West Newport as Set
Forth in Section 21.80.040 (Setback Maps) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code Applicable to the Property
Located at 6501/6503 Seashore Drive (PA2019-216).
4-1
Ordinance Nos. 2020-11 and 2020-12: Adoption of Ordinances to
Amend Setback Map S -1A (PA2019-216)
April 28, 2020
Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
As a result of previously improved entitlements and changes to Setback Map No S -1A,
the property located at 6501/6503 Seashore Drive has unique setback requirements that
are inconsistent with the requirements applied to other properties in the area. The request
would change Setback Map No S -1A to match the other properties the area. With this
revision to the setback map, the resulting setbacks applicable to the property would be
zero front setback from Seashore Drive; 4 -foot side setback from Walnut Street; 4 -foot
side setback from the west property line; and 5 -foot rear setback from the alley. After
considering all evidence, including the Planning Commission's review and public
comments, the City Council voted to introduce Ordinance Nos. 2020-11 and 2020-12.
Coastal Zone
Should the City Council adopt the proposed ordinances, staff will submit the proposed
Local Coastal Program Amendment (LCP) No. LC2019-007 to the California Coastal
Commission (CCC). The changes will take effect upon the CCC approval of the LCP
Amendment.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it is a minor change to the setbacks (a land use
limitation). The site does not have an average slope that exceeds 20 percent and this
action will not result in a change to the land use or density. Furthermore, none of the
exceptions listed in CEQA Guideline Section 15300.2 apply.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Ordinance No. 2020-11
Attachment B — Ordinance No. 2020-12
4-2
ATTACHMENT A
ORDINANCE NO. 2020-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING ZONING
CODE AMENDMENT NO. CA2019-008 TO AMEND
SETBACK MAP S -1A — WEST NEWPORT AS SET FORTH
IN SECTION 20.80.040 (SETBACK MAPS) OF TITLE 20
(PLANNING AND ZONING) OF THE NEWPORT BEACH
MUNICIPAL CODE APPLICABLE TO THE PROPERTY
LOCATED AT 6501/6503 SEASHORE DRIVE (PA2019-216)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust
("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth
in Section 20.80.040 (Setback Maps) of the Newport Beach Municipal Code ("NBMC")
("Zoning Code Amendment No. CA2019-008") applicable to the property located at
6501/6503 Seashore Drive, Newport Beach, CA 92663 and legally described as Lot 8,
Block E of Tract No. 709, in the City of Newport Beach, County of Orange, State of
California, as per map recorded in Book 7, Page 25 of Miscellaneous Maps, in the Office
of the County Recorder of Orange County, APN 045-092-03 ("Property");
WHEREAS, the Property's land use designation under the General Plan of the City
of Newport Beach ("General Plan") is RT (Two Unit Residential) and is located within the
R- 2 (Two -Unit Residential) zoning district;
WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with the
General Plan including Policy No. LU 3.1 to maintain Newport Beach's pattern of
residential neighborhoods, business and employment districts, commercial centers,
corridors, and harbor and ocean districts in that it will provide uniformity with the setback
of other properties in the area;
WHEREAS, Zoning Code Amendment No. CA2019-008 is consistent with other
provisions of Title 20 (Planning and Zoning) of the NBMC, as it will not alter any other
development standard or regulation;
4-3
Ordinance No. 2020-11
Page 2 of 4
WHEREAS, a public hearing was held by the Planning Commission on February
20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown
Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NEMC. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-002 by a majority vote (6 ayes, 0 no) recommending the City Council approve
Zoning Code Amendment No. CA 2019-008; and
WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the City Council at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council of the City of Newport Beach hereby approves Zoning
Code Amendment No. CA2019-008, amending Setback Map No. SAA — West Newport in
Section 20.80.040 (Setback Maps) of the NBMC for the residential property located at
6501/6503 Seashore Drive, as set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference.
Section 2: An amendment to Section 21.48.040 (Setback Maps) as set forth in
Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to
Ordinance 2020-12 to approve LCP Amendment No. LC2019-007. Zoning Code
Amendment No. CA2019-008 shall not become effective until approval of LCP
Amendment No. LC2019-007 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.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2020-11
Page 3 of 4
Section 4: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the introduction and adoption of Zoning Code
Amendment No. CA2019-008 is exempt from environmental review under the California
Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment. The Class 5 exemption applies to minor changes
in land use limitations, such as setbacks, provided the property has an average slope that
does not exceed 20 percent and the change does not result in a change to the permitted
land use or density. Zoning Code Amendment No. CA2019-008 amends the setbacks on
the relatively flat site; but does not change the residential use. The maximum number of
dwelling units on the Property will not increase beyond the existing two units. Application
of all development standards including, but not limited to, height and parking, remain the
same with or without Zoning Code Amendment No. CA2019-008, thus the allowable
intensity of development is not altered.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective upon the effective date of approval by the California Coastal Commission of
Local Coastal Program Amendment No. LC2019-007 and adoption, including any
modifications suggested by the California Coastal Commission, by resolution(s) and/or
ordinance(s) of the City Council.
4-5
Ordinance No. 2020-11
Page 4 of 4
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of
April, 2020, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NAYS, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A: Setback Map No. S -1A —West Newport
EXHIBIT "A"
Zoning Code Amendment No. CA2019-008
U
'1
s 5
\ j f
Q.
S-1 A -West Newport Setback Map
1
4-7
ATTACHMENT B
ORDINANCE NO. 2020-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2019-007 TO
AMEND SETBACK MAP S -1A— WEST NEWPORT AS SET
FORTH IN SECTION 21.80.040 (SETBACK MAPS) OF TITLE
21 (LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE
APPLICABLE TO THE PROPERTY LOCATED AT 6501/6503
SEASHORE DRIVE (PA2019-216)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Local Coastal Program") as amended from time to time
including most recently on February 12, 2019 via Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Implementation Plan on January 13, 2017, and the City added Title 21 (Local
Coastal Program Implementation Plan) ("Title 21 ") to the City of Newport Beach Municipal
Code ("NBMC") whereby the City assumed coastal development permit -issuing authority
on January 30, 2017;
WHEREAS, Pamela Dow, Trustee for the Feldman Family Administrative Trust
("Applicant") filed an application to amend Setback Map S -1A — West Newport set forth
in Section 21.80.040 (Setback Maps) of the NBMC ("LCP Amendment No. LC2019-007")
applicable to the property located at 6501/6503 Seashore Drive, Newport Beach, CA
92663 and legally described as Lot 8, Block E of Tract No. 709, in the City of Newport
Beach, County of Orange, State of California, as per map recorded in Book 7, Page 25
of Miscellaneous Maps, in the Office of the County Recorder of Orange County, APN 045-
092-03 ("Property");
BE
Ordinance No. 2020-12
Page 2 of 5
WHEREAS, the Property is designated RT -E (Two Unit Residential) by the City of
Newport Beach Local Coastal Program Coastal Land Use Plan and is located within the
R-2 (Two -Unit Residential) coastal zoning district;
WHEREAS, LCP Amendment No. LC2019-007 is consistent with the General
Plan including Policy No. LU 3.1 to maintain Newport Beach's pattern of residential
neighborhoods, business and employment districts, commercial centers, corridors, and
harbor and ocean districts in that it will provide uniformity in the setbacks of other
properties in the area;
WHEREAS, LCP Amendment No. LC2019-007 is consistent with other provisions
of Title 21 (Local Coastal Program Implementation Plan) of the NBMC, as it will not alter
any other development standard or regulation;
WHEREAS, a public hearing was held by the Planning Commission on February
20, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown
Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-003 by a majority vote (6 ayes, 0 no) recommending the City Council approve
LCP Amendment No. LC2019-007;
WHEREAS, a public hearing was held by the City Council on April 14, 2020, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the City Council at this public hearing; and
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP
Amendment No. LC2019-007 were made available and a Notice of Availability was
distributed at least six (6) weeks prior to the City Council public hearing.
Ordinance No. 2020-12
Page 3of5
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council of the City of Newport Beach hereby approves Local
Coast Program Amendment No. LC2019-007, amending Setback Map No. S -1A — West
Newport in Section 21.80.040 (Setback Maps) of the NBMC for the residential property
located at 6501/6503 Seashore Drive, as set forth in Exhibit "A," which is attached hereto
and incorporated herein by reference.
Section 2: Staff is authorized to submit Local Coast Program Amendment No.
LC2019-007, amending Setback Map No. S -1A — West Newport in Section 21.80.040
(Setback Maps) of the NBMC for the residential property located at 6501/6503 Seashore
Drive to the California Coastal Commission.
Section 3: LCP Amendment No. LC2019-007 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. Upon its effective date, LCP Amendment No. LC2019-007 shall be
carried out in full conformance with the California Coastal Act of 1976 as set forth in the
California Public Resources Code Section 30000 of seq.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The City
Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
4-10
Ordinance No. 2020-12
Page 4 of 5
Section 6: The City Council finds the introduction and adoption of LCP
Amendment No. LC2019-007 is exempt from environmental review under the California
Environmental Quality Act ("CEQA") pursuant to Section 15305 under Class 5 (Minor
Alterations in Land Use Limitations) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a
significant effect on the environment. The Class 5 exemption applies to minor changes
in land use limitations, such as setbacks, provided the property has an average slope that
does not exceed 20 percent and the change does not result in a change to the permitted
land use or density. LCP Amendment No. LC2019-007 amends the setbacks on the
relatively flat site; but does not change the residential use. The maximum number of
dwelling units on the Property will not increase beyond the existing two units. Application
of all development standards including, but not limited to, height and parking, remain the
same with or without LCP Amendment No. LC2019-007, thus the allowable intensity of
development is not altered.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective upon the effective date of approval by the California Coastal Commission of
Local Coastal Program Amendment No. LC2019-007 and adoption, including any
modifications suggested by the California Coastal Commission, by resolution(s) and/or
ordinance(s) of the City Council.
4-11
Ordinance No. 2020-12
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of April, 2020, and adopted on the 28th day of
April, 2020, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NAYS, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A: Setback Map No. S -1A — West Newport
4-12
EXHIBIT "A"
LCP Amendment No. ('A?f)19-0f)7
S-1 A -West Newport setback Map
4-13