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HomeMy WebLinkAbout14 - Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)e �EvuPO F D u � s c q� FORN�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report PREPARED BY PHONE: TITLE: ABSTRACT July 28, 2020 Agenda Item No. 14 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov Jaime Murillo, Principal Planner, jmurillo@newportbeachca,gov 949-644-3209 Ordinance No. 2020-17: Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) For the City Council's consideration are amendments to Title 20 (Planning and Zoning Code) and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code (NBMC) to provide code clarification and corrections, and to resolve inconsistencies between the Zoning Code and the Local Coastal Program Implementation Plan (LCP). The amendments relate to minimum lot size and dimensions, overlay zoning districts, public hearing notification requirements, and code amendment processing. The amendments were initiated by the City Council on April 23, 2019 and were recommended for approval by the Planning Commission on June 18, 2020. RECOMMENDATION a) Conduct a public hearing; b) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; c) Waive reading, read by title only, introduce Ordinance No. 2020-17, An Ordinance of the City Council of the City Newport Beach, California, Adopting Code Amendment No. CA2019-001 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Correcting and Clarifying Provisions Related to Overlays and Public Hearing Notice Requirements (PA2019-055), and pass to second reading on August 25, 2020; and d) Adopt Resolution No. 2020-72, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2019-001 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Correcting and Clarifying Provisions Related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements (PA2019-055). 14-1 Ordinance No. 2020-17: Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) July 28, 2020 Page 2 FUNDING REQUIREMENTS There is no fiscal impact related to this item. DISCUSSION Introdtirtinn Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a Title 20 code amendment may be initiated by the City Council, with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified LCP shall be initiated by the City Council. The subject amendments were initiated by the City Council on April 23, 2019 under City Council Resolution No. 2019-41 (Attachment C). Proposed Amendments The proposed amendments are considered minor clean-up items and affect different sections of the City's Planning and Zoning Code (Title 20) and Local Coastal Program Implementation Plan (Title 21). Table 1 below provides an overview of the proposed amendments, including which title of the City's Municipal Code is affected. Title 20 regulations are applicable citywide, whereas Title 21 amendments are only applicable in the coastal zone areas of the City and intended to implement the goals, objectives, and policies of the City's Coastal Land Use Plan. Generally, where the two codes regulate the same standard, it's the City's desire to maintain consistency between the two codes to minimize the potential for errors in implementation. See Attachment D for redline/strikeout revisions of the Title 20 amendments and Attachment E for redline/strikeout revisions of the Title 21 amendments. Table 1- Summary of Proposed Amendments Component of Title 20 Title 21 Purpose Amendment Zoning Implementation Code Plan of LCP Minimum lot size X Provide consistency with Title 20 exception Overlay districts X X Clarify overlay districts that may be less restrictive than base zone Notice of public X X Clarify noticing requirements when large hearing number of properties affected is consistent with State law. Code amendment X Clarify procedural requirements for processing processing Zoning Code amendments 1. Minimum lot size exception — NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) 14-2 Ordinance No. 2020-17: Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) July 28, 2020 Page 3 Both Title 20 and 21 include minimum lot size standards for newly created residential lots. These minimum lot sizes are intended for new residential subdivision projects. However, many of the lots in the older communities in the City (e.g., Balboa Peninsula, Corona del Mar, Balboa Island, etc.) were developed in the early and mid -1900's prior to the City adopting a Subdivision Code. As a result, many of the lots are substandard to current minimum lot sizes and dimensions that have been in effect for many decades. Over time, some lots have been combined or reconfigured from their original subdivision pattern. It is common for property owners and developers to re -subdivide previously combined or reconfigured lots within these older established communities, reverting back to a lot size consistent with the original subdivision pattern of the neighborhood. Title 20 currently includes an exception that allows residential lots to be subdivided with smaller sizes and dimensions than required by that zone, provided the lot size and dimensions are not less than the original underlying lots on the same block face and in the same zoning district. This exception is supported by General Plan Policy LU 4.2, which prohibits new residential subdivisions that result in additional dwelling units without a General Plan amendment, unless the lots were legally merged, in which case they can be re - subdivided to the original underlying legal lots. Unfortunately, this provision was inadvertently left out of the Title 21 development standards applicable to residential coastal zoning districts. This amendment would correct the oversight by adding the same exception already allowed in Title 20 to Title 21 through a footnote applicable to the lot size standards in Tables 21.18-2, 21.18-3, and 21.18-4. 2. Overlay Zoninq Districts — NBMC Sections 20.28.010 and 21.28.010 (Purposes of Overlay Zoning Districts) Overlay zoning districts are a common tool to modify a base zoning district for a specific area. The existing codes inadvertently state that the more restrictive standard of the base zone or applicable overlay apply; however, overlays can be used to specify a different standard that might be less restrictive than the base zone. For example, the Height Overlay District allows a greater building height (less restrictive) if certain conditions (findings) are met. The Parking Management Overlay authorizes the establishment of a Parking Management District that allows reduced parking requirements than that of the base zoning standards. The amendments to Title 20 and 21 will clarify that in cases where standards conflict between base zone and an overlay district, the standards of the overlay district will control. 3. Notice of Public Hearing — NBMC Sections 20.62.020 and 21.62.020 (Notice of Public Hearing) The City's noticing procedures are contained in Sections 20.62.020 and 21.62.020 of the NBMC and follow State law noticing requirements (GC. Sections 65090 and 65091 - Attachment F), including: publication in a newspaper of general circulation; and mailing to affected property owners, local agencies, nearby property owners and residents, and persons requesting notice. In addition to the minimum State law noticing requirements, City noticing procedures also require notice to be posted on or close to the subject property in a prominent location. 14-3 Ordinance No. 2020-17: Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) July 28, 2020 Page 4 If the number of property owners to whom notice would be mailed or delivered is greater than 1,000, NBMC Subsections 20.62.020(B)(4) and 21.62.020(B)(4) authorize the Director to choose alternative notice specified by State law. To eliminate ambiguity and provide clarification of the alternative afforded by State law, the proposed amendment will clearly specify that the alternative to mailings of over 1,000 notices is to publish a larger one-eighth page display advertisement in a newspaper of general circulation within the City. The Daily Pilot or the Orange County Register are currently newspapers of general circulation. In addition, the amendments will make it clear that the Community Development Director may choose to provide additional notice of a hearing in any other manner deemed necessary or desirable. 4. Code Amendment Processing — NBMC Section 20.66.030 (Processing, Notice, and Hearing) NBMC Chapter 20.66 establishes the procedures for amendments to Title 20. For amendments initiated by property owners, NBMC Section 20.66.030 (Processing, Notice, and Hearing) refers to NBMC Chapter 20.62 (Public Hearings) for noticing procedures. As discussed above, NBMC Chapter 20.62 is drafted with a focus to provide noticing proximate to a specific property. For amendments initiated by the Planning Commission or City Council, the current code is ambiguous as it relates to how notice should be provided for code amendments that might affect a large number of properties, a neighborhood, an entire zoning district, or citywide. Staff utilizes NBMC Chapter 20.62 as a guide; however, most amendments affect multiple properties where mailing each affected property owner and posting on each site is infeasible. Government Code Section 65854 (Attachment G) regulates minimum noticing requirements for code amendments and generally only requires publication of a notice in a newspaper of general circulation; however, if an amendment affects the permitted uses of real property, then additional notice shall be provided in compliance with Government Code Section 65091 as described above, including mailings to affected and surrounding property owners. For mailed notices in excess of 1,000, the Director may choose to publish the alternative one-eighth page newspaper advertisement. Therefore, an amendment to NBMC Section 20.66.030 is needed to provide clear standards for public hearing noticing related to City -initiated amendments not affiliated with a specific project site, consistent with State law requirements. Planning Commission Recommendation On June 18, 2020, the Planning Commission unanimously voted to adopt Resolution Nos. PC2020-024 and PC2020-025 (Attachments H and 1), recommending approval of Code Amendment No. CA2019-001 to the City Council and recommending the City Council to authorize submittal of Local Coastal Program Amendment No. LC2019-001 to the California Coastal Commission. The Planning Commission hearing minutes are included as Attachment J. 14-4 Ordinance No. 2020-17: Zoning Code and LCP Amendments Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) July 28, 2020 Page 5 California Coastal Commission Review Any amendments to the LCP must be reviewed and approved by the City Council, with a recommendation from the Planning Commission, prior to submitting the amendment request to the California Coastal Commission. The Coastal Commission is the final decision-making authority on amendments to the certified LCP; however, the City retains the ability to reject an LCP amendment in its entirety if the Coastal Commission includes suggested modifications. Once the City obtains Coastal Commission approval, staff will return to the City Council with a final ordinance to amend Title 21. ENVIRONMENTAL REVIEW The action proposed herein is not a project subject to CEQA in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to a have a significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. The Amendments themselves do not authorize development that would directly result in physical change to the environment. NOTICING The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP Amendment was made available and a Notice of Availability was distributed on May 7, 2020, to all persons and agencies on the Notice of Availability mailing list. In addition, notice of this amendment was published in the Daily Pilot as an eighth -page advertisement, consistent with the provisions of the Municipal Code and State law. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. ATTACHMENTS Attachment A — Ordinance No. 2020-17 Attachment B — Resolution No. 2020-72 Attachment C — Resolution No. 2019-41 (Initiation) Attachment D — Redline/Strikeout Revisions of the Title 20 Amendments Attachment E — Redline/Strikeout Revisions of the Title 21 Amendments Attachment F — Government Code Sections 65090 and 65091 Attachment G — Government Code Section 65854 Attachment H — Planning Commission Resolution No. PC2020-24 Attachment I — Planning Commission Resolution No. PC2020-25 Attachment J — Planning Commission Minutes 14-5 ATTACHMENT A ORDINANCE NO. 2020-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING CODE AMENDMENT NO. CA2019-001 TO AMEND TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE CORRECTING AND CLARIFYING PROVISIONS RELATED TO OVERLAYS AND PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055) WHEREAS, Section 200 of the City of Newport Beach Charter ("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, an amendment to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code ("NBMC") is necessary to provide clarification and corrections related to overlays and public hearing notice requirements ("Code Amendment"); WHEREAS, on April 23, 2019, the City Council adopted Resolution No. 2019-41 initiating the Code Amendment; WHEREAS, Section 20.28.10 (Purposes of Overlay Zoning Districts) of the NBMC inadvertently states that the more restrictive standard of the underlying zoning district or applicable overlay apply, however, overlays are often a land use tool used to specify a different standard that might be less restrictive than the underlying zone; WHEREAS, for instance, the Height Overlay District allows a greater building height that is less restrictive if certain conditions are met; WHEREAS, additionally, the Parking Management Overlay authorizes the establishment of a Parking Management District that allows reduced parking requirements than that of the base zoning standards; WHEREAS, the Code Amendment will clarify that in cases where standards conflict in an overlay district and the underlying coastal zoning district, the overlay district will control; 14-6 Ordinance No. 2020 - Page 2 of 7 WHEREAS, Section 20.62.020 (Notice of Public Hearing) of the NBMC provides noticing requirements for project applications requiring a public hearing including: publication in a newspaper of general circulation, mailing to affected property owners, local agencies, nearby property owners and residents, and persons requesting notice, and posting of notice on or near the subject property, WHEREAS, in lieu of mailed notice, Subsection 20.62.020(6)(4) (Alternative to Mailing) of the NBMC authorizes the Community Development Director to choose alternative notice specified by State law; WHEREAS, to eliminate ambiguity and provide clarification of the alternative afforded by State law, the Code Amendment will specify that the alternative to mailing over 1,000 notices, is to publish a larger one-eighth page display advertisement in a newspaper of general circulation within the City; WHEREAS, in addition, the Code Amendment will specify that the Community Development Director may choose to provide additional notice of a hearing in any other manner deemed necessary; WHEREAS, Section 20.66 (Amendments) of the NBMC establishes the procedures for amendments to Title 20 (Planning and Zoning); WHEREAS, the notice procedure for amendments initiated by property owners, refers to Chapter 20.62 (Public Hearings), however, the notice procedure for amendments initiated by the Planning Commission or City Council, are unclear; WHEREAS, an amendment to Section 20.66.030 (Processing, Notice, and Hearing) is needed to provide clear standards for public hearing noticing related to City - initiated amendments not affiliated with a specific project site; WHEREAS, a telephonic public hearing was held by the Planning Commission on June 18, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 of seq. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; 14-7 Ordinance No. 2020 - Page 3 of 7 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-024 by a majority vote (6 ayes, 0 nayes) recommending to the City Council to adopt Zoning Code Amendment No. CA 2019-001; WHEREAS, a telephonic public hearing was held by the City Council on July 28, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) 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: Section 20.28.010 (Purposes of Overlay Zoning Districts) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: 20.28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail. A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning District is intended to establish a mobile home district on parcels of land developed with mobile home parks. The regulations of this district are designed to maintain and protect mobile home parks in a stable environment with a desirable residential character. B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning District is intended to provide for areas where parking management plans are appropriate to ensure adequate parking. En Ordinance No. 2020 - Page 4 of 7 C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish special development standards for areas of the City where projects are proposed on identified bluff areas. The specific areas are identified in Part 8 of this title (Maps). D. H (Height) Overlay District. The H Overlay District is intended to establish standards for review of increased building height in conjunction with the provision of enhanced project design features and amenities. Section 2: Subsection 20.62.020(B)(2)(c) (Nearby Property Owners) of Chapter 20.62 (Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: C. Nearby Property Owners. All owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section. If the number of property owners to whom notice would be mailed in compliance with this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City, Section 3: Subsection 20.62.020(B)(4) (Alternative to Mailing) of Chapter 20.62 (Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: 4. Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary. Section 4: Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66 (Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: 20.66.030 Processing, Notice, and Hearing. A. If initiated by property owner(s) with the filing of an amendment application - 1 - pplication: 1. Process. The application shall be processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). 14-9 Ordinance No. 2020 - Page 5 of 7 2. Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62 (Public Hearings). B. If initiated by the City Council or Commission, notice of the public hearings shall be given as specified below: 1. Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing. 2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to all of the following: a. Property Owners. All owners of property located within a three hundred (300) foot radius, of the amendment excluding intervening rights-of-way and waterways, of the exterior boundaries of the affected property, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. If the number of property owners to whom notice would be mailed in compliance with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City; b. Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services as a result of the amendment, whose ability to provide the facilities and services may be significantly affected; and c. Persons Requesting Notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice. 3. Additional Notice. The Director may choose to provide additional notice of the hearing in any other manner deemed necessary. 4. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority. C. Hearing. 1. The applicable review authority shall conduct one or more public hearings regarding the amendment. 14-10 Ordinance No. 2020 - Page 6 of 7 2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). Section 5: An amendment to Title 21 (Local Coastal Program Implementation Plan) is also underway pursuant to Resolution 2020-_ to approve LCP Amendment No. LC2019-001. Zoning Code Amendment CA2019-001 shall not apply to projects located in the coastal zone for which Title 21 is applicable until approval of the LCP Amendment No. LC2019-001 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. Section 6: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 7: 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 8: The City Council finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The Code Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Code Amendment itself does not authorize development that would directly result in physical change to the environment. Section 9: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 10: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall become effective thirty (30) days after the adoption of this ordinance. 14-11 Ordinance No. 2020 - Page 7 of 7 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th day of July, 2020, and adopted on the 11th day of August, 2020, by the following vote, to -wit - AYES: NAYES: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C, RON�CCHP, CITY ATTORNEY 14-12 ATTACHMENT B RESOLUTION NO. 2020- 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-001 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE CORRECTING AND CLARIFYING PROVISIONS RELATED TO MINIMUM LOT SIZE AND DIMENSIONS, OVERLAYS AND PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055) WHEREAS, Section 200 of the City of Newport Beach Charter ("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 for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan 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 Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation Plan) ("LCP Amendment") is necessary to provide clarification and corrections, and to resolve inconsistencies between Title 21 and Title 20 (Planning and Zoning) of the NBMC; WHEREAS, on April 23, 2019, the City Council adopted Resolution No. 2019-41 initiating the LCP Amendment; 14-13 Resolution No. 2020 - Page 2 of 5 WHEREAS, both Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) include minimum lot size standards for newly created residential lots for new residential subdivisions, however, many of the lots of the older communities in the City (e.g., Balboa Peninsula, Corona del Mar, Balboa Island, etc.) were developed in the early and mid -1900's prior to the City adopting Title 19 (Subdivisions); WHEREAS, many of the lots do not meet current minimum lot sizes and dimensions and over time, some lots have been combined or reconfigured from their original subdivision pattern; WHEREAS, Title 20 (Planning and Zoning) currently includes an exception that allows residential lots to be subdivided with smaller sizes and dimensions than required by that zone, provided the lot size and dimensions are not less than the original underlying lots on the same block face and in the same zoning district, however, this provision was inadvertently left out of Title 21 (Local Coastal Program Implementation Plan); WHEREAS, Section 21.28.10 (Purposes of Overlay Coastal Zoning Districts) of the NBMC inadvertently states that the more restrictive standard of the underlying coastal zoning district or applicable overlay apply, however, overlays may apply which allow a different standard that might be less restrictive than the underlying zone; WHEREAS, for instance, the Height Overlay District allows a greater building height that is less restrictive if certain conditions are met; WHEREAS, additionally, the Parking Management Overlay authorizes the establishment of a Parking Management District that allows reduced parking requirements than that of the base zoning standards; WHEREAS, the amendment to Title 21 (Local Coastal Program Implementation Plan) will clarify that in cases where standards conflict between base zone and an overlay district, the standards of the overlay district will control; WHEREAS, Section 21.62.020 (Notice of Public Hearing) of the NBMC provides noticing requirements for project applications requiring a public hearing including: publication in a newspaper of general circulation, mailing to affected property owner, local agencies, nearby property owners and residents, persons requesting notice, and the California Coastal Commission, and posting of notice on or near the subject property; 14-14 Resolution No. 2020 - Page 3 of 5 WHEREAS, in lieu of mailed notice, Subsection 21.62.020(B)(4) (Method of Notice Distribution) of the NBMC authorizes the Community Development Director to choose an alternative notice procedure, as specified by State law; WHEREAS, to eliminate ambiguity and provide clarification of the alternative afforded by State law, the LCP Amendment will clearly specify that the alternative is to publish a one-eighth page display advertisement in a newspaper of general circulation within the City; WHEREAS, in addition, the Code Amendment will specify that the Community Development Director may choose to provide additional notice of a hearing in any other manner deemed necessary; WHEREAS, a telephonic public hearing was held by the Planning Commission on June 18, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapter 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. PC2020-025 (6 ayes, 0 nays) recommending to the City Council adoption of LCP Amendment No. LC2019-001; WHEREAS, a telephonic public hearing was held by the City Council on July 28, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapter 21.62 (Public Hearings) 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 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5, drafts of LCP Amendment No. LC2019-001 were made available and a notice of availability was distributed at least six weeks prior to the City Council public hearing. 14-15 Resolution No. 2020 - Page 4 of 5 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. LC2019-001 to the California Coast Commission for review and approval, as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 2: The Local Coastal Program including the proposed LCP Amendment No. LC2019-001, will be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 et seq. Section 3: LCP Amendment No. LC2019-001 shall not become effective until approved and adopted by the California Coastal Commission, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. 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: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The LCP Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The LCP Amendment itself does not authorize development that would directly result in physical change to the environment. 14-16 Resolution No. 2020 - Page 5 of 5 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 28th day of July 2020. WILL O'NEILL Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron% C. Harp City Attorney Attachment: Exhibit A - Proposed Amendment to the City of Newport Beach Local Coastal Program Related to Provisions Related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements (LC2019-001) 14-17 Proposed Local Coastal Program Amendment No. LC2019-001 to Clarify Provisions related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements (LC2019-001) Section 1: Add Note 6 and amend the Lot Area row of Table 21.18-2 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: Development Feature R -A R-1 R-1-6,000 Additional Requirements Lot Area (1) (6): R -BI R-2 R-2-6,000 Requirements Corner lot 87,120 sq. 6,000 sq. ft. 6,000 sq. ft. ft. 2,375 sq. 6,000 sq. 6,000 sq. ft. Interior lot 87,120 sq. 5,000 sq. ft. 6,000 sq. ft. Interior lot ft. 5,000 sq. 6,000 sq. ft. (6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 2: Add Note 6 and amend the Lot Area row of Table 21.18-3 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: (6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 14-18 Additional Development Feature R -BI R-2 R-2-6,000 Requirements Lot Area (1)(2)(3)(6): Corner lot 2,375 sq. 6,000 sq. 6,000 sq. ft. ft. ft. Interior lot 2,375 sq. 5,000 sq. 6,000 sq. ft. ft. ft. (6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 14-18 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 3: Add Note 8 and amend the Lot Area row of Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: Development Feature RM RM -6,000 Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot. Lot Area (1)(2)(8): Corner lot 6,000 sq. ft. 6,000 sq. ft. Interior lot 5,000 sq. ft. 6,000 sq. ft. (8) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 4: Amend the introductory paragraph of Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows. In all other respects, Section 21.28.010 shall remain unchanged: 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the standards of the overlay district shall prevail. 14-19 Section 5: Amend Subsection 21.62.020(B)(2)(c) (Nearby Property Owners) of Chapter 21.62 (Public Hearing) Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: C. Nearby Property Owners. All owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section. If the number of property owners to whom notice would be mailed in compliance with this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City. However, a mailed notice shall still be provided to those persons who have requested notice, including all persons known to the applicant to be a party interested in the application, including those persons who testified at or submitted written comments for the local hearing(s); Section 6: Subsection 21.62.020(B)(4) (Alternative to Mailing) is repealed and replaced with a new Subsection 21.62.020(B)(4) (Additional Notice) of Chapter 21.62 (Public Hearings) Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as follows: 4. Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary. 14-20 Attachment C Resolution No. 2019-41 (Initiation) 14-21 RESOLUTION NO. 2019-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO MINIMUM LOT SIZE AND DIMENSIONS, OVERLAY ZONING DISTRICTS, PUBLIC HEARING NOTIFICATION, CORRECTIONS TO SETBACK MAPS AND THE TRANSFER OF DEVELOPMENT RIGHTS (PA2019-055) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in NBMC Title 21 to be initiated by the City Council; and WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to modify regulations relating to minimum lot size and dimensions, overlay zoning districts, public hearing notification, corrections to setback maps, and the transfer of development rights. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to NBMC Title 20 "Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to modify regulations relating to minimum lot size and dimensions, overlay zoning districts, public hearing notification, corrections to setback maps, and the transfer of development rights. Section 2: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 14-22 Resolution No. 2019-41 Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 23rd day of April, 2019. ATTEST: NO--- Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE "- , "S: -=L Dia a B. Dixon Mayor 14 o [A v m rvie24, �/1 j�,.�Aar n C. Harp City Attorney 14-23 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2019-41 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 23rd day of April, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Diane Dixon NAYS: None RECUSED: Mayor Pro Tem Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of April, 2019. Leilani I. Brown City Clerk Newport Beach, California 14-24 Attachment D Redline/Strikeout Revisions of the Title 20 Amendments 14-25 Redline/Strikeout Proposed Code Amendment No. CA2019-001 to Clarify Provisions related to Overlays and Public Hearing Notice Requirements. Section 1: Section 20.28.010 (Purposes of Overlay Zoning Districts) of Chapter 20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows 20.28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter., the , OSt FeStFi,.+;„o standards of the overlay district shall prevail. Section 2: Subsection 20.62.020(B)(2)(c) (Nearby Property Owners) of Chapter 20.62 (Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: c. Nearby Property Owners. All owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section. If the number of property owners to whom notice would be mailed in compliance with this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City; Section 3: Subsection 20.62.020(B)(4) (Alternative to Mailing) of Chapter 20.62 (Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: 4. Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary. Section 4: Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66 (Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be amended to read as follows: 20.66.030 Processing, Notice, and Hearing. 14-26 A. If initiated by property owner(s) with the filing of an amendment application: 1. A -.Process. The application shall be processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). 2. Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62 (Public Hearings). B. If initiated by Council or Commission, notice of the public hearings shall be given as specified below: 1. Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing. 2. Mailing. Notice shall be mailed or delivered at least ten 00) days before the scheduled hearing to all of the followina: a. Property Owners. All owners of property located within a three hundred (300) foot radius, of the amendment excluding intervening rights-of-way and waterways, of the exterior boundaries of the affected property, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. If the number of property owners to whom notice would be mailed in compliance with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth Pape display advertisement in a newspaper of general circulation within the City; b. Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services as a result of the amendment, whose ability to provide the facilities and services may be significantly affected; and c. Persons Requesting Notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice. 3. Additional Notice. The Director may choose to provide additional notice of the hearing in other manner deemed necessary. 4. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the aaDlicable review authori C. Hearing. 1. The applicable review authority shall conduct one or more public hearings regarding the amendment. 2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). 14-27 Attachment E Redline/Strikeout Revisions of the Title 21 Amendments 14-28 Redline/Strikeout Proposed Local Coastal Program Amendment No. LC2019-1 to Clarify Provisions related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements (LC2019-001) Section 1: Add Note 6 and amend the Lot Area row of Table 21.18-2 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as: Development Feature R -A R-1 R-1-6,000 Additional Requirements Lot Area (1) 2,375 sq. ft. 2,375 sq. ft. 6,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Corner lot 87,120 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Interior lot 87,120 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 6) Lots may be subdivided so that the resultina lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 2: Add Note 6 and amend the Lot Area row of Table 21.18-3 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: Development Feature R -BI R-2 R-2-6,000 Additional Requirements Lot Area (1)(2)(3) Corner lot Interior lot 2,375 sq. ft. 2,375 sq. ft. 6,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 6) Lots may be subdivided so that the resultina lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not Dermitted unless authorized by an amendment of the General Plan (GPA). Section 3: Add Note 8 and amend the Lot Area row of Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local 14-29 Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: Development Feature RM RM -6,000 I Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot. Lot Area (1)(2) Corner lot 6,000 sq. ft. 6,000 sq. ft. Interior lot 5,000 sq. ft. 6,000 sq. ft. 8) Lots may be subdivided so that the resultina lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 4: Amend the introductory paragraph of Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) of Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows. In all other respects, Section 21.28.010 shall remain unchanged: 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the MOSt reStr G+ „o standards of the overlay district shall prevail. Section 5: Amend Subsection 21.62.020(B)(2)(c) (Nearby Property Owners) of Chapter 21.62 (Public Hearing) Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as follows: c. Nearby Property Owners. All owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the subject lot, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. It shall be the responsibility of the applicant to obtain and provide to the Department the names and addresses of all owners required by this section. If the number of property owners to whom notice would be mailed in compliance with this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City. However, a mailed notice shall still be provided to those persons who have requested notice, including all persons known to the applicant to be a party interested in the application, including those persons who testified at or submitted written comments for the local hearing(s): 14-30 Section 6: Subsection 21.62.020(B)(4) (Alternative to Mailing) is repealed and replaced with a new Subsection 21.62.020(B)(4) (Additional Notice) of Chapter 21.62 (Public Hearings) Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as follows: 4. Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary. 14-31 Attachment F Government Code Sections 65090 and 65091 14-32 State of California GOVERNMENT CODE Section 65090 65090. (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be published pursuant to Section 6061 in at least one newspaper of general circulation within the jurisdiction of the local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency. (b) The notice shall include the information specified in Section 65094. (c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. (d) Whenever a local agency considers the adoption or amendment of policies or ordinances affecting drive-through facilities, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities. (Amended by Stats. 2000, Ch. 785, Sec. 1. Effective January 1, 2001.) 14-33 State of California GOVERNMENT CODE Section 65091 65091. (a) When a provision of this title requires notice of a public hearing to be given pursuant to this section, notice shall be given in all of the following ways: (1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property as shown on the latest equalized assessment roll. Instead of using the assessment roll, the local agency may use records of the county assessor or tax collector if those records contain more recent information than the information contained on the assessment roll. Notice shall also be mailed to the owner's duly authorized agent, if any, and to the project applicant. (2) When the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7) requires notice of a public hearing to be given pursuant to this section, notice shall also be given to any owner of a mineral right pertaining to the subject real property who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code. (3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (4) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. In lieu of using the assessment roll, the local agency may use records of the county assessor or tax collector which contain more recent information than the assessment roll. If the number of owners to whom notice would be mailed or delivered pursuant to this paragraph or paragraph (1) is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior to the hearing. (5) If the notice is mailed or delivered pursuant to paragraph (4), the notice shall also either be: (A) Published pursuant to Section 6061 in at least one newspaper of general circulation within the local agency which is conducting the proceeding at least 10 days prior to the hearing. (B) Posted at least 10 days prior to the hearing in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding. (b) The notice shall include the information specified in Section 65094. 14-34 (c) In addition to the notice required by this section, a local agency may give notice of the hearing in any other manner it deems necessary or desirable. (d) Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the local agency shall incorporate, where necessary, notice procedures to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit. The Legislature finds that access restrictions to commercial establishments affecting the blind, aged, or disabled, is a critical statewide problem; therefore, this subdivision shall be applicable to charter cities. (Amended by Stats. 2016, Ch. 366, Sec. 13. (SB 974) Effective January 1, 2017.) 14-35 Attachment G Government Code Sections 65854 14-36 State of California GOVERNMENT CODE Section 65854 65854. The planning commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance. Notice of the hearing shall be given pursuant to Section 65090 and, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice shall also be given pursuant to Section 65091. (Amended by Stats. 1984, Ch. 1009, Sec. 22.) 14-37 Attachment H Planning Commission Resolution No. PC2020-24 14-38 DocuSign Envelope ID: E2962D78-3AF3-4617-941 E-0324319813981 RESOLUTION NO. PC2020-024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY COUNCIL ADOPT CODE AMENDMENT NO. CA2019-001 TO AMEND TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE CORRECTING AND CLARIFYING PROVISIONS RELATED TO OVERLAYS AND PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An amendment to Title 20 ("Planning and Zoning") of the Newport Beach Municipal Code (NBMC) ("Code Amendment") is necessary to provide clarification and corrections to Title 20 related to overlays and public hearing notice requirements. 2. On April 23, 2019, the City Council adopted Resolution No. 2019-41 initiating the Code Amendment. 3. A telephonic public hearing was held on June 18, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The action proposed herein is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The Code Amendment itself does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. 1. Section 20.28.10 (Purposes of Overlay Zoning Districts) of Title 20 (Planning and Zoning) inadvertently states that the more restrictive standard of the underlying zoning district or applicable overlay apply; however, overlays are often a land use tool used to specify a different standard that might be less restrictive than the underlying zone. For example, the Height Overlay District allows a greater building height (less restrictive) if certain conditions 14-39 DocuSign Envelope ID: E2962D78-3AF3-4617-941E-032431986981 Planning Commission Resolution No. PC2020-024 Paae 2 of 5 (findings) are met. The Parking Management Overlay authorizes the establishment of a Parking Management District that allows reduced parking requirements than that of the base zoning standards. The Code Amendment to Title 20 (Planning and Zoning) will clarify that in cases where standards conflict in an overlay district and the underlying coastal zoning district, those of the overlay district will control. 2. Section 20.62.020 (Notice of Public Hearing) of Title 20 (Planning and Zoning) provides noticing requirements for project applications requiring a public hearing. Prescribed methods of notice distribution include: publication in a newspaper of general circulation; mailing to affected property owners, local agencies, nearby property owners and residents, and persons requesting notice; and posting of notice on or near the subject property. In lieu of mailed notice, NBMC Subsection 20.62.020(B)(4) (Alternative to Mailing) authorizes the Director to choose alternative notice specified by State law. To eliminate ambiguity and provide clarification of the alternative afforded by State law, the LCP Amendment will clearly specify that the alternative to mailings of over 1,000 notices is to publish a larger one-eighth page display advertisement in a newspaper of general circulation within the City. In addition, a new NBMC Subsection 20.62.020(B)(6) (Additional Notice) will make it clear that the Community Development Director may choose to provide additional notice of a hearing in any other manner deemed necessary. 3. Chapter 20.66 (Amendments) establishes the procedures for amendments to Title 20 (Planning and Zoning). For amendments initiated by property owners, NBMC Section 20.66.030 (Processing, Notice, and Hearing) refers to NBMC Chapter 20.62 (Public Hearings) for noticing procedures; however, for amendments initiated by the Planning Commission or City Council, the existing regulations are unclear with regard to proper noticing procedures. Staff utilizes NBMC Chapter 20.62 (Public Hearings) as a guide; however, most amendments affect multiple properties where mailing each affected property owner and posting on each site is infeasible. Therefore, the amendment to NBMC Section 20.66.030 (Processing, Notice, and Hearing) is needed to provide clear standards for public hearing noticing related to City - initiated amendments not affiliated with a specific project site. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: The Planning Commission finds the Code Amendment is not a project subject to CEQA pursuant to Section 21065 of Public Resources Code and the CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The proposed action is also statutorily exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends approval of Code Amendment No. CA2019-001 as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. 14-40 DocuSign Envelope ID: E2962D78-3AF3-4617-941E-032431986981 Planning Commission Resolution No. PC2020-024 Paae 3 of 5 PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand NOES.- ABSTAIN: OES: ABSTAIN: ABSENT: Rosene 14-41 DocuSign Envelope ID: E2962D78-3AF3-4617-941E-032431986981 Planning Commission Resolution No. PC2020-024 Page 4 of 5 EXHIBIT "A" Proposed Code Amendment No. CA2019-001 to Clarify Provisions related to Overlays and Public Hearing Notice Requirements Section 1: Amend Section 20.28.010 (Purposes of Overlay Zoning Districts) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code as follows 20.28.010 Purposes of Overlay Zoning Districts. The purposes of the individual overlay zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Zoning Map amendment in compliance with Chapter 20.66 (Amendments). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying zoning district and the standards in this chapter, the standards of the overlay district shall prevail. Section 2: Amend Subsection 20.62.020(B)(4) (Alternative to Mailing) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code to as follows: 4. Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with subsection (13)(2)(c) of this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City at least ten (10) days before the scheduled hearing as specified by State law. Section 3: Renumber Subsection 20.62.020(B)(5) to Subsection 20.62.020(B)(6) and add new Subsection 20.62.020(B)(5) (Additional Notice) to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code as follows: 5. Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary. 6. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority. Section 4: Amend Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66 (Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code, as follows: 20.66.030 Processing, Notice, and Hearing. A. If initiated by property owner(s) with the filing of an amendment application: Process. The application shall be processed in compliance with Chapter 20.50 (Permit Application Filing and Processing). 2. Notice. Notice of the public hearings shall be provided in compliance with Chapter 20.62 (Public Hearings). 14-42 DocuSign Envelope ID: E2962D78-3AF3-4817-941E-032431988981 Planning Commission Resolution No. PC2020-024 Paqe 5 of 5 B. If initiated by Council or Commission, notice of the public hearings shall be given as specified below: Publication. Notice for all matters shall be published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing. 2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the scheduled hearing to all of the following: a. Property Owners. All owners of property affected by the amendment and owners of property located within a three hundred (300) foot radius, excluding intervening rights-of-way and waterways, of the exterior boundaries of the affected property, as shown on the last equalized assessment roll or, alternatively, from other records that contain more recent addresses. If the number of property owners to whom notice would be mailed in compliance with this subsection is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City; b. Local Agencies. Each local agency expected to provide schools, water, or other essential facilities or services as a result of the amendment, whose ability to provide the facilities and services may be significantly affected; and C. Persons Requesting Notice. A person who has filed a written request for notice with the Director and has paid the required fee for the notice. 3. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not invalidate the actions of the applicable review authority. 4. Additional Notice. The Director may choose to provide additional notice of the hearing in any other manner deemed necessary. C. Hearing. 1. The applicable review authority shall conduct one or more public hearings regarding the amendment. 2. The public hearings shall be conducted in compliance with Chapter 20.62 (Public Hearings). 14-43 Attachment I Planning Commission Resolution No. PC2020-25 14-44 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F RESOLUTION NO. PC2020-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-001 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE CORRECTING AND CLARIFYING PROVISIONS RELATED TO MINIMUM LOT SIZE AND DIMENSIONS, OVERLAYS AND PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. Section 30500 of the California Public Resources Code requires each county and city to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. 2. In 2005, the City of Newport Beach ("City") adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan as amended from time to time including most recently on February 12, 2019, via Resolution No. 2019-16. 3. The California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -issuing authority on January 30, 2017. 4. An amendment to Title 21 (Local Coastal Program Implementation Plan) ("LCP Amendment") is necessary to provide clarification and corrections, and to resolve inconsistencies between the Title 21 and Title 20 (Planning and Zoning) of the NBMC. 5. On April 23, 2019, the City Council initiated the LCP Amendment under Resolution No. 201941 authorizing staff to modify regulations, including minimum lot size and dimensions, overlay zoning districts, and public hearing notifications. 6. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2019-001 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing. 7. A telephonic public hearing was held on June 18, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State 14-45 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F Planning Commission Resolution No. PC2020-025 Paae 2 of 7 Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act"), Chapter 21.62 (Public Hearings) of 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. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. The LCP Amendment is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The LCP Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. The LCP Amendment itself does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. 1. Both Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) include minimum lot size standards for newly created residential lots. These minimum lots sizes are intended for new residential subdivision projects. However, many of the lots in the older communities in the City (e.g., Balboa Peninsula, Corona del Mar, Balboa Island, etc.) were developed in the early and mid -1900's prior to the City adopting Title 19 (Subdivisions). As a result, many of the lots are substandard to current minimum lot sizes and dimensions that have been in effect for many decades. Over time, some lots have been combined or reconfigured from their original subdivision pattern. It is common for property owners and developers to re -subdivide previously combined or reconfigured lots within these older established communities, reverting back to a lot size consistent with the original subdivision pattern of the neighborhood. Title 20 (Planning and Zoning) currently includes an exception that allows residential lots to be subdivided with smaller sizes and dimensions than required by that zone, provided the lot size and dimensions are not less than the original underlying lots on the same block face and in the same zoning district. Unfortunately, this provision was inadvertently left out of the Title 21 (Local Coastal Program Implementation Plan) development standards applicable to residential coastal zoning districts. This LCP Amendment would correct the oversight by adding the same exception already allowed in Title 20 to Title 21 (Local Coastal Program Implementation Plan) through a new footnote applicable to the lot size standards in Tables 21.18-2, 21.18-3, and 21.18- 4. 2. Section 21.28.10 ("Purposes of Overlay Coastal Zoning Districts") of Title 21 (Local Coastal Program Implementation Plan) inadvertently states that the more restrictive standard of the underlying coastal zoning district or applicable overlay apply; however, overlays can be used to specify a different standard that might be less restrictive than the underlying zone. 14-46 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F Planning Commission Resolution No. PC2020-025 Paae 3 of 7 For example, the Height Overlay District allows a greater building height (less restrictive) if certain conditions (findings) are met. The Parking Management Overlay authorizes the establishment of a Parking Management District that allows reduced parking requirements than that of the base zoning standards. The amendment to Title 21 (Local Coastal Program Implementation Plan) will clarify that in cases where standards conflict between base zone and an overlay district, the standards of the overlay district will control. 3. Section 21.62.020 (Notice of Public Hearing) of Title 21 (Local Coastal Program Implementation Plan" provides noticing requirements for project applications requiring a public hearing. Prescribed methods of notice distribution include: publication in a newspaper of general circulation; mailing to affected property owner, local agencies, nearby property owners and residents, persons requesting notice, and the California Coastal Commission; and posting of notice on or near the subject property. In lieu of mailed notice, NBMC Subsection 21.62.020(B)(4) (Method of Notice Distribution) authorizes the Director to choose alternative notice specified by State law. To eliminate ambiguity and provide clarification of the alternative afforded by State law, the LCP Amendment will clearly specify that the alternative is to publish a one-eighth page display advertisement in a newspaper of general circulation within the City. 4. The LCP Amendment 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. 5. The Local Coastal Program and Title 21 ("Local Coastal Program Implementation Plan"), including the proposed LCP Amendment, will be carried out fully in conformity with the California Coastal Act. 6. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The LCP Amendment is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends submittal of Local Coastal Program Amendment No. LC2019-001, amending Implementation Plan Section 21.18.030, (Residential Coastal Zoning Districts General Development Standards), Tables 21.18-2, 21.18-3, and 21.18-4 adding a new note to the Lot Area row; Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts), clarifying that development standards of Overlay Districts prevail in cases of conflicting code; and Section 21.62.020 (Notice of Public Hearing), clarifying the Alternative Notice procedures allowed pursuant to Government Code 14-47 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F Planning Commission Resolution No. PC2020-025 Paae 4 of 7 Section 65091 as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to the California Coastal Commission. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE, 2020. AYES: Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey, and Weigand NOES.- ABSTAIN: OES:ABSTAIN: ABSENT: Rosene BY: FDocuSigned by: putr W Lee Lowrey, Secretary 14-48 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F Planning Commission Resolution No. PC2020-025 Page 5 of 7 EXHIBIT "A" Proposed Local Coastal Program Amendment No. LC2019-001 to Clarify Provisions related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements Section 1: Amend Table 21.18-2 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code adding Note 6 to the Lot Area row as follows: Development Feature R -A R-1 R-1-6,000 Additional Requirements Lot Area (1)(6): 2,375 sq. ft. 2,375 sq. ft. 6,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Corner lot 87,120 sq. ft. 6,000 sq. ft. 6,000 sq. ft. Interior lot 87,120 sq. ft. 5,000 sq. ft. 6,000 sq. ft. (6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 2: Amend Table 21.18-3 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code adding Note 6 to the Lot Area row as follows: Development Feature R -BI R-2 R-2-6,000 Additional Requirements Lot Area (1)(2)(3)(6): Corner lot Interior lot 2,375 sq. ft. 2,375 sq. ft. 6,000 sq. ft. 5,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. (6) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). 14-49 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F Planning Commission Resolution No. PC2020-025 Page 6 of 7 Section 3: Amend Table 21.18-4 of Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code adding Note 8 to the Lot Area row as follows: Development Feature RM RM -6,000 Additional Requirements Lot Dimensions Minimum dimensions required for each newly created lot. Lot Area (1)(2)(8): Corner lot 6,000 sq. ft. 6,000 sq. ft. Interior lot 5,000 sq. ft. 6,000 sq. ft. (8) Lots may be subdivided so that the resulting lot area and dimensions for each new lot are less than that identified in this table in compliance with the provisions of Title 19 (Subdivisions). The minimum lot size shall not be less than the original underlying lots on the same block face and in the same coastal zoning district. Lot width and length may vary according to the width and depth of the original underlying lots. New subdivisions that would result in additional dwelling units beyond what the original underlying lots would allow are not permitted unless authorized by an amendment of the General Plan (GPA). Section 4: Amend Section 21.28.010 (Purposes of Overlay Coastal Zoning Districts) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as follows 21.28.010 Purposes of Overlay Coastal Zoning Districts. The purposes of the individual overlay coastal zoning districts and the manner in which they are applied are outlined below. An overlay district may be initiated as a Coastal Zoning Map amendment in compliance with Chapter 21.14 (Coastal Maps). All development shall comply with the applicable development standards (e.g., setbacks, height) of the underlying coastal zoning district in addition to the standards provided in this chapter, if any. In situations where an inconsistency occurs between the development standards of the underlying coastal zoning district and the standards in this chapter, the standards of the overlay district shall prevail. Section 5: Amend Subsection 21.62.020(B)(4) (Alternative to Mailing) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code to reflect the practical realities involved in posting notice on a large number of properties and to clarify that the noticing process is consistent with the legal requirements of Government Code Section 65091, Public Hearings as follows: 4. Alternative to Mailing. If the number of property owners, residents, and interested persons to whom notice would be mailed in compliance with subsection (13)(2)(c) of this section is more than one thousand (1,000), in lieu of mailed notice, the Director may choose to publish a one-eighth page display advertisement in a newspaper of general circulation within the City. However, a mailed notice shall still be provided to those persons who have requested notice, including all persons known to the applicant to be a party interested in the application, including those persons who testified at or submitted written comments for the local hearing(s). 14-50 DocuSign Envelope ID: 7A18B96D-6C22-40D1-9884-2CA08178135F Planning Commission Resolution No. PC2020-025 Paae 7 of 7 Section 6: Renumber Subsection 21.62.020(B)(5) to Subsection 21.62.020(B)(6) and add new Subsection 21.62.020(B)(6) (Additional Notice) to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code as follows.- 5. ollows: 5. Additional Notice. The Director may provide additional notice of the hearing in any other manner deemed necessary. 6. Failure to Receive Notice. The failure of any person or entity to receive notice given in compliance with this section shall not be grounds to invalidate the actions of the applicable review authority. 14-51 Attachment J Planning Commission Minutes 14-52 ITEM NO. 5. ZONING CODE AND LCP AMENDMENTS RELATED TO CORRECTIONS, CLARIFICATIONS AND INCONSISTENCIES (PA2019-055) Site Location: Citywide Summary: Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) to provide code clarification and corrections, and to resolve inconsistencies between the Zoning Code and the Local Coastal Program Implementation Plan. The amendments relate to minimum lot size and dimensions, overlay zoning districts, and public hearing notification requirements. Recommended Action: 1. Conduct a public hearing; 2. Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to a have a significant effect on the environment; 3. Adopt Resolution No. PC2020-024 recommending the City Council approve Code Amendment No. CA2019-001; and 4. Adopt Resolution No. PC2020-025 recommending the City Council authorize staff to submit Local Coastal Program Amendment No. LC2019-001 to the California Coastal Commission. Deputy Community Development Director Campbell reported staff considers the amendments routine clean up items. Staff proposes to change the minimum lot size exception in the Local Coastal Program (LCP) so that it is consistent with the Zoning Code; to clarify overlay districts that they may also be less restrictive than the base zones; to clarify noticing requirements when a large number of properties are affected; and to clarify procedural requirements for processing Zoning Code amendments. Staff will take Mr. Mosher's comments under advisement. Chair Koetting disclosed communications with staff communications. Chair Koetting opened the public hearing. Remaining Commissioners disclosed no ex parte Jim Mosher questioned the policy of applying the subdivision note on packet page 39 to residential properties only. Footnote 6 is misplaced, and perhaps the reference to Title 19 should refer to Section 21.30.25. The reference to an amendment to the General Plan should probably refer to an amendment to the Coastal Land Use Plan. The language about not resulting in additional dwelling units is not clear. Deputy Community Development Director Campbell explained that the footnote is a copy of text from the Zoning Code. If a lot was subdivided and allows a single-family home, it could return to the underlying lot configuration. The reference to a General Plan amendment is purposeful because a General Plan amendment is needed to allow subdivisions that increase intensity within a statistical area. The proposed language was inadvertently omitted from the LCP. Chair Koetting closed the public hearing. Motion made by Secretary Lowrey and seconded by Commissioner Ellmore to approve the staff recommendation. AYES: Koetting, Weigand, Lowrey, Ellmore, Klaustermeier, and Kleiman NOES: ABSTAI N: ABSENT: Rosene Chair Koetting congratulated Commissioners Weigand and Ellmore upon their recent reappointment to the Planning Commission by the City Council. 1 of 1 14-53