HomeMy WebLinkAbout03 - Amending the LCP Implementation Plan Related to Residential Design Standards Addressing Third Story Massing (PA2019-070)Q �EwPpRT
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<,FORN'P City Council Staff Report
September 14, 2021
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Principal Planner, jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2021-16: Amending the LCP Implementation Plan
Related to Residential Design Standards Addressing Third Story
Massing (PA2019-070)
ABSTRACT:
On December 8, 2020, the City Council adopted amendments to Title 20 (Planning and
Zoning) of the Newport Beach Municipal Code (NBMC) revising development standards
applicable to single- and two -unit residential developments to reduce bulk and mass
associated with future residential developments. Minor amendments to Title 21 (Local
Coastal Program Implementation Plan) of the NBMC were also needed to update the
definition of gross floor area and applicability of open volume regulations for consistency
with the adopted changes to Title 20. On July 7, 2021, the California Coastal Commission
approved the Title 21 amendments with no modifications.
This agenda item requests City Council introduction of an ordinance adopting Local
Coastal Program (LCP) Amendment No. LC2019-006 and revising Title 21 consistent
with the California Coastal Commission approval.
RECOMMENDATION:
a) Find this amendment 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; and
b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2021-16, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 21 (Local Coastal Program Implementation Plan) of the
Newport Beach Municipal Code and Adopting Local Coastal Program Amendment
No. LC2019-006 Related to Residential Design Standards (PA2019-070), and pass to
second reading on September 28, 2021.
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Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to
Residential Design Standards Addressing Third Story Massing (PA2019-070)
September 14, 2021
Page 2
DISCUSSION:
Background
As a result of growing community concerns related to the loss of small residential cottages
and the bulk and mass associated with new single- and two -unit dwelling developments
in the City, the City Council adopted Code Amendment No. CA2019-004 on December 8,
2020, revising development standards applicable to single- and two -unit residential
developments within Title 20 (Planning and Zoning) of the NBMC. Generally, the
amendments were intended to reduce bulk and mass associated with future residential
developments by clarifying the definition of gross floor area, regulating covered third floor
decks, and expanding the application of third floor and open volume standards to all
single -unit and two -unit residential developments. The November 24, 2020, City Council
staff report introducing the ordinance is included as Attachment B for reference.
Minor amendments to Title 21 (Local Coastal Program Implementation Plan) of the NBMC
were also needed to update the definition of gross floor area and the applicability of open
volume regulations for consistency with the adopted changes to Title 20. At the
November 24, 2020, City Council meeting, the City Council adopted Resolution No. 2020-
102 (Attachment C), authorizing submittal of LCP Amendment No. LC2019-006 to the
California Coastal Commission for review and approval. The resolution specified LCP
Amendment No. LC2019-006 shall not become effective until approval by the Coastal
Commission and adoption, including any modifications suggested by the Coastal
Commission, by resolution(s) and/or ordinance(s) of the City Council.
On July 7, 2021, the California Coastal Commission approved LCP Amendment
No. LC2019-006 with no modifications (Attachment D). As a result, the amendment is
now considered deemed approved and became a certified part the City's Local Coastal
Program on July 21, 2021; however, full implementation requires the adoption of the
recommended ordinance.
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Properties located in the Coastal Zone of the city are regulated by the LCP, which is
comprised of the Coastal Land Use Plan (CLUP), a policy document, and the
Implementation Plan (IP and also called Title 21), a regulatory document. 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 for review and approval.
Although the third floor and open volume regulations contained within Title 20 NBMC
Section 20.48.180 (Residential Development Standards and Design Criteria) do not exist
within the IP of the LCP, the definition of gross floor area does. To ensure that the IP of the
LCP maintains the same definition of gross floor area as the previously adopted Title 20
code amendment, an amendment to the LCP is necessary. The amendment also includes
clarification that the Multi -Unit Residential (RM) coastal zoning district open space standards
contained in the IP apply to multi -unit dwellings consisting of three units or more. Single -unit
and two -unit dwellings constructed in the RM coastal zoning district will still be subject to the
third floor and open volume regulations contained in Title 20 (Section 20.48.180).
3-2
Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to
Residential Design Standards Addressing Third Story Massing (PA2019-070)
September 14, 2021
Page 3
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to the California Environmental Quality
Act (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 from
the CEQA pursuant to State 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 Amendment itself does not authorize development that
would directly result in physical change to the environment.
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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).
Notice of the November 20, 2020, City Council hearing where this amendment was
originally considered and approved for submittal to the California Coastal Commission
was published in the Daily Pilot as an eighth -page advertisement, consistent with the
provisions of the NBMC and emailed to interested parties that have requested notice
and/or attended the community meetings.
Lastly, pursuant to Section 13515 of the California Code of Regulations, a review draft of
the Local Coastal Program Amendment was made available, and a Notice of Availability
was distributed on April 23, 2020, to all persons and agencies on the Notice of Availability
mailing list.
ATTACHMENTS:
Attachment A
— Ordinance No.
Attachment B
— November 24,
Attachment C
— Resolution No
PWPAnW*
2020 City Council Staff Report
2020-102
Attachment D — California Coastal Commission Approval Letter
3-3
ATTACHMENT A
ORDINANCE NO. 2021-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE AND ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-006 RELATED
TO RESIDENTIAL DESIGN STANDARDS (PA2019-070)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program for the portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("LCP") 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 Council
adopted Ordinance No. 2016-19 adding Title 21 (Local Coastal Program
Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC")
whereby the City assumed coastal development permit -issuing authority as of January
30, 2017;
WHEREAS, in 2010, the Title 20 (Planning and Zoning) development standards
were revised, in part, to streamline the review process and simplify the development
standards applicable to residential development, while maintaining allowable building
envelopes and preserving the character of existing communities, however, some of
revisions resulted in unintended consequences;
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Ordinance No. 2021 -
Page 2 of 7
WHEREAS, therefore, staff initiated amendments to Titles 20 and 21 in order to
correct the issues;
WHEREAS, on May 14, 2019 and May 28, 2019, the City Council adopted
Resolution Nos. 2019-43 and 2019-45, respectively, authorizing staff to initiate code
revisions to reduce third floor mass and overall building bulk associated with single- and
two -unit developments and to restrict single- and two -unit dwellings developed on lots
zoned for Multiple Residential (RM) to the development standards applicable to the
standards of the Two -Unit Residential (R-2) Zoning District ("Code Amendment"),
WHEREAS, on August 19, 2019 and March 9, 2020, the Community
Development Department hosted community meetings attended by members of the
public, including design professionals, to share the proposed Code Amendment and
receive community feedback;
WHEREAS, on September 10, 2019, the City Council held a study session to
receive a staff update regarding the status of the proposed Code Amendment, summary
of the comments received at the August 19, 2019, community meeting, and to provide
staff further direction;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions 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. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62
(Public Hearings) of the NEMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission voted to
remove the Code Amendment from calendar to allow staff time to seek guidance from
the California Department of Housing and Community Development ("HCD") as to
whether it complied with the Housing Crisis Act of 2019 (Senate Bill 330);
WHEREAS, on July 31, 2020, HCD issued a letter to the City finding that upon
review of the materials, the pending revisions do not trigger the Housing Crisis Act "less
intensive use" provisions under Government Code section 66300, subdivision (b)(1)(A);
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Ordinance No. 2021 -
Page 3 of 7
WHEREAS, a telephonic public hearing was held by the Planning Commission
on September 17, 2020, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, California, observing restrictions 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 Ralph
M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this public hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission adopted
Resolution No. PC2020-032 by a majority vote (5 ayes, 2 nays) recommending to the
City Council approval of LCP Amendment No. LC2019-006 and Zoning Code
Amendment No. 2019-004;
WHEREAS, a telephonic public hearing was held by the City Council on November
24, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions 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 Ralph M. Brown Act and
Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and
oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, at the conclusion of the hearing, the City Council introduced
Ordinance No. 2020-28 adopting Zoning Code Amendment No. 2019-004 and
Resolution No. 2020-102 authorizing submittal of LCP Amendment No. LC2019-006 to
the California Coastal Commission by a unanimous vote (5 ayes, 0 nays); and
WHEREAS, on July 7, 2021, the California Coastal Commission approved LCP
Amendment No. LC2019-006 (LCP-5-NPB-21-0036-1 Part A) with no modifications, as
a result, LCP Amendment No. LC2019-006 is now deemed approved and became a
certified part the City's Local Coastal Program on July 21, 2021.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The Open Space row of Table 21.18-4 of Section 21.18.030
(Development Standards for Multi -Unit Residential Coastal Zoning Districts) of Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
shall be amended to read as follows:
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Ordinance No. 2021 -
Page 4 of 7
Section 2: The definition of "Floor Area, Gross" of Section 21.70.20
(Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code, shall be amended to read
as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
iv. Covered parking spaces which are open only on one side.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level; and
ii. Covered decks, balconies or patios open on at least two sides,
with the exception of required safety railings and minimal
structural supports. Railings shall be constructed of either
transparent material (except for supports) or opaque material
(e.g., decorative grillwork, wrought iron, latticework, or similar
open materials) so that at least forty (40) percent of the railing is
open.
3-7
Minimum required open space (applicable to 3 or more unit development).
Common: 75 square feet/unit
Open
Minimum dimension shall be 15
Space
feet. Private: 5% of the gross
floor area for each unit.
The minimum dimension is for length
Minimum dimension shall be 6
and width.
feet.
Section 2: The definition of "Floor Area, Gross" of Section 21.70.20
(Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code, shall be amended to read
as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
iv. Covered parking spaces which are open only on one side.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level; and
ii. Covered decks, balconies or patios open on at least two sides,
with the exception of required safety railings and minimal
structural supports. Railings shall be constructed of either
transparent material (except for supports) or opaque material
(e.g., decorative grillwork, wrought iron, latticework, or similar
open materials) so that at least forty (40) percent of the railing is
open.
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Ordinance No. 2021 -
Page 5 of 7
2. Multi -Unit Residential (3+ dwellings), Mixed -Use, and Nonresidential
Structures.
a. For multi -unit residential, mixed-use, and nonresidential structures, the
following areas shall be included in calculations of gross floor area:
i. The surrounding exterior walls, and
ii. Any interior portion of a structure that is accessible and that
measures more than four feet from floor to ceiling.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level;
ii. Outdoor dining areas associated with an eating and drinking
establishment; and
iii. Parking structures associated with an allowed use within the same
development.
Section 3: The LCP and Title 21, including LCP Amendment No. LC2019-006,
shall be carried out in full conformance with the California Coastal Act.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
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Ordinance No. 2021 -
Page 6 of 7
Section 6: The City Council finds the adoption of LCP Amendment No.
LC2019-006 is not 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"). LCP Amendment No. LC2019-006 is also
exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are statutorily exempt from the requirements of CEQA in connection with
the adoption of a local coastal program. LCP Amendment No. LC2019-006 itself does
not authorize development that would directly result in physical change to the
environment.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
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Ordinance No. 2021 -
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 14th day of September, 2021, and adopted on the 28th
day of September, 2021, by the following vote, to -wit -
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
't/ ,
AA ON C. HARP, CITY ATTORNEY
3-10
Attachment B
November 24, 2020 Staff Report
3-11
PCITY OF
Q SEW ORT
_ = NEWPORT BEACH
<,FORN City Council Staff Report
November 24, 2020
Agenda Item No. 16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Principal Planner, jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2020-28: Residential Design Standards Amendments
to Title 20 and Title 21 of the Newport Beach Municipal Code
(PA2019-070)
ABSTRACT
For City Council's consideration are proposed amendments to Title 20 (Zoning Code) and
Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
(NBMC) revising development standards applicable to one and two -unit residential
development. Generally, the proposed amendments would reduce bulk and mass
associated with future residential development by clarifying the definition of gross floor
area, regulating covered third floor decks, and expanding the application of third floor and
open volume standards to all single -unit and two -unit residential developments. The
amendments would not result in the reduction of allowable density on a lot. Furthermore, no
changes in overall height limits, allowable floor area, lot coverage, or setbacks are proposed
that would lessen the intensity of housing on a site.
RECOMMENDATION
a) Conduct a public hearing;
b) Find this 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 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 full reading, read by title only, introduce Ordinance No. 2020-28, An Ordinance
of the City Council of Newport Beach, California, Adopting Zoning Code Amendment
No. CA2019-004 to Amend Title 20 (Planning and Zoning) of the City of Newport
Beach Municipal Code Related to Residential Design Standards (PA2019-070), and
pass to second reading on December 8, 2020; and
d) Adopt Resolution No. 2020-10, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment
No. LC2019-006 to the California Coastal Commission to Amend Title 21 (Local
Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code
Related to Residential Design Standards (PA2019-070).
3-12
Ordinance No. 2020-28: Residential Design Standards Amendments to Title 20 and
Title 21 of the Newport Beach Municipal Code (PA2019-070)
November 24, 2020
Page 2
FUNDING REQUIREMENTS
There is no fiscal impact related to this item.
DISCUSSION
Background
With the adoption of the 2010 Zoning Code Update, changes to residential development
standards were made with the intent to streamline the review process while maintaining
allowable building envelopes and preserving the character of existing communities.
However, changes to height measurement standards and definition of gross floor area have
inadvertently resulted in a proliferation of covered third level decks and bulkier building
designs. Despite measuring the same in terms of enclosed gross floor area, newer
development appears larger and at times out of scale with the pre -2010 development. Staff
believes it is due in part to unarticulated third floor decks, minimal covered deck openings,
and manipulation of attic floor area exceptions.
The 2010 Zoning Code attempted to regulate third floor mass and bulk through the use of
NBMC Section 20.48.180 (Residential Development Standards and Design Criteria), which
includes third floor area limits and third floor step backs for enclosed floor area to provide
building modulation. It includes a minimum open volume standard to increase building
modulation/articulation on the first or second floors. However, the third -floor limits do not
apply to unenclosed covered deck areas or unfinished attics, resulting in building designs
with third levels (enclosed and unenclosed) that visually appear larger and bulkier than
intended. Furthermore, these standards do not currently apply to the Two -Unit Residential,
Balboa Island (R -BI) zoning district, the Multiple Residential (RM) zoning district, and to lots
25 feet wide or less located in the Two -Unit Residential (R-2) zoning district.
Figure 1. Examples of third floor mass associated with covered decks
As a result of growing community concerns related to the loss of small residential cottages
and the bulk and mass associated with new single- and two -unit dwelling developments
in the City, the City Council held a study session on April 23, 2019. The City Council
directed staff to prepare amendments to provide some regulatory changes to address
these concerns (Attachment C - Study Session Minutes).
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Ordinance No. 2020-28: Residential Design Standards Amendments to Title 20 and
Title 21 of the Newport Beach Municipal Code (PA2019-070)
November 24, 2020
Page 3
Summary of Proposed Revisions
The proposed amendments would reduce bulk and mass associated with future residential
development and illustrated in more detail further below. A redline/strikeout version of the
proposed code revisions is included as Attachment D.
• Third floor step backs would apply to covered deck areas (currently applies only to
enclosed floor area).
• Third floor side step backs would apply to lots 30 feet wide or greater (currently
applies to lots wider than 30 feet).
• Maximum covered third floor area (enclosed or unenclosed) limited to 50 percent
of buildable area. Uncovered deck area would remain unrestricted.
• Third floor step back standards (front and rear) would apply to 25 -foot -wide or less
lots zoned R-2 (currently exempt).
• Third floor step back standards (front, sides, and rear) would apply to single- and
two -unit dwellings in RM zones (currently exempt).
Clarification of Gross Floor Area
Unfinished attics with a ceiling height of 6 feet or higher would count as floor area
(currently only finished attics count).
Covered patios, decks, and balconies above the first floor would count as floor
area unless completely open on at least two sides, rather than one side.
Carports only open on one side would count as floor area.
Single -Unit and Two -Unit Dwellings in the R -BI Zoning District
Third floor and open volume standards applicable to R-1 and R-2 zones would now
apply to all single- and two -unit dwellings in R -BI.
The following table clarifies which components of the residential design standards apply
to the various zoning districts:
Summary of Residential Design Standards Applicability Based on Zoning District
Residential Design Standard R-1 R-2 R-2 R -BI RM
(lots wider than 25') (25' wide lots or less)
3rd Floor Front & Rear Step Backs
C
C
P
P
P
3rd Floor Side Step Backs (lots
C
C
X
P
P
30' wide or greater)'
3'd Floor Area Limit
C
C
X
P
X
3'd Floor Coverage Limit
P
P
X
P
X
Open Volume
C
C
X
P
C
C- Current Applicability, P- Proposed Applicability, X- Exempt
Applicability of side step back standard proposed to change from "lots wider than 30 feet" to "lots 30 feet wide or
qreater"
3-14
Ordinance No. 2020-28: Residential Design Standards Amendments to Title 20 and
Title 21 of the Newport Beach Municipal Code (PA2019-070)
November 24, 2020
Page 4
Comparison of Pre - 2010 and Current Building Height Measurements
Prior to the 2010 Zoning Code Update, there were no third floors regulations; however, third
floor designs were limited through the method used to measure building height in effect at
the time. Within the R-1 and R-2 zoning districts, heights are limited to 24 feet for flat roofs
and 29 feet for sloping roofs, and within the RM zone flat roofs are limited to 28 feet and
sloping roofs limited to 33 feet. Pre -2010, sloping roofs were required to maintain a midpoint
of no higher than 24 feet, which proved difficult to calculate and was further complicated by
an allowance to project imaginary roof lines for the purposes of computing allowable
midpoints. Post 2010, the Zoning Code eliminated the midpoint measurement sloped roofs
in exchange for a requirement that the sloping roof maintain a minimum pitch of 3:12.
Pre -2010 Height Measurement
Post -2010 Height Measurement
24'
3:12
—
Midpoint
roof pitch
?17
291
Floor Sloped
Sloped
Sloped
I 'I
Figure 2. Comparison of building height measurements
In 2010 with a recognition that building bulk may increase, third floor step backs
requirements and maximum third floor area limitations were added in most cases, but not
all. Specifically, the enclosed third floor area is required to be stepped back an additional
15 feet from the required front and rear setback line. On lots greater than 30 feet in width,
the third floor is required to be stepped back an additional 2 feet from the required side
setback lines. Furthermore, the maximum enclosed third floor area is limited to either
15 percent or 20 percent (depending on lot width) of the buildable area of a lot. Buildable
area is calculated as lot size minus required setback area. Figure 3 below conceptually
illustrated how third floor area is regulated.
3-15
Ordinance No. 2020-28: Residential Design Standards Amendments to Title 20 and
Title 21 of the Newport Beach Municipal Code (PA2019-070)
November 24, 2020
Page 5
------------
Front
Setback
I
IP
IL
Side View
Figure 3. Current third floor regulations
Unfortunately, third floor regulations only apply to enclosed floor area and do not apply to
covered unenclosed third floor areas. As a result, third floor covered decks, often referred
to as loggia or cabanas, have become popular design amenities, growing larger over the
years and adding to the visual building bulk. These requirements also do not apply to
enclosed third floor area within R -BI residential zoning district for Balboa Island, the RM
zoning district citywide, or lots 25 feet wide or less within the R-2 zoning district.
Proposed Third Floor Change — Application of step backs and coverage limits to
third floor covered decks
The proposed amendment would apply the third -floor step back requirements to both
enclosed and unenclosed third floor area to reduce third floor building bulk. As illustrated
in Figure 4 below, the allowed third floor enclosed area would remain the same (illustrated
in green shading), but the covered deck area (illustrated in light blue shading) will be
required to observe the 15 -foot front and rear step backs and be limited to a maximum 50
percent third floor coverage limit. The coverage limit would be calculated as 50 percent
of the buildable area of the lot (lot size minus setbacks) and would include both enclosed
area and unenclosed covered third floor deck area. The result is a third -floor mass that is
located closer to the middle of the building farther away from the building edges, reducing
the visual mass as viewed from the public streets and alleys.
3-16
Ordinance No. 2020-28: Residential Design Standards Amendments to Title 20 and
Title 21 of the Newport Beach Municipal Code (PA2019-070)
November 24, 2020
Page 6
Current Code
• Only enclosed area
subject to step backs...............
100 % Coverage
_"_._ -r
and third floor area
a '_
limits (green)
• No limits on covered
decks(blue)
--------------------------
Proposed Code
50% Coverage
• Covered decks_
subject to step backs
• Maximum 50% third
floor coverage limit.
o
- ------------------ -------
Figure 4. Comparison of current and proposed third floor regulations
Figure 5. Examples of desired outcome
Proposed Third Floor Change — Expanded Applicability to Side Step Backs
In addition to front and rear step backs, current regulations require that development on
lots wider than 30 feet provide additional 2 -foot step backs from the required side setback
lines on third levels. The intent is to articulate and pull the third level mass back away
from side facades (Figure 6). However, this requirement currently only applies to enclosed
floor area and not covered decks. Also, the standard lot width in Corona del Mar, Balboa
Island, and in many neighborhoods within the Balboa Peninsula consist of 30 -foot -wide
lots; therefore, this side step back requirement is not typically applied in most new
developments.
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As a result, new three level residential developments lack upper level side articulation.
When located adjacent to private property, it can reduce light and air to the narrow side
yards between lots. This lack of articulation is more pronounced and visible when located
adjacent to a street.
Comparison
3rd Floor
-
1st Floor
�
'
` 1111.0pm-
Front Elevation
.- step back
applied
rd Floor
pp,
J2312
znd Floor
1st Floor
`` �`
2 -foot side step
_ a
back applied
Figure 6. Application of side step back comparison
The proposed code change would:
• Apply sidestep back to lots 30 feet wide or greater. With the exception of extremely
narrow lots, this would ensure that most new residential developments are subject
to the side step back requirement.
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• Apply side step back to both enclosed and covered decks. This would ensure that
the covered third level decks are subject to the same articulation requirement.
Exception- Stairs and elevator shafts do not count as floor area on upper levels
and would therefore remain exempt from third floor step back requirements. This
also minimizes structural and spatial design impacts associated with
accommodating side step backs.
Figure 7. Examples with no third floor side step backs
Figure S. Examples of desired outcome with side step backs applied
Proposed Gross Floor Area Change - Fix the Attic Loophole
Both the Zoning Code (Title 20) and the Implementation Plan of the Local Coastal
Program (Title 21) of the NBMC primarily regulate building bulk and mass through the
application of a floor area limit, which is a ratio of gross floor area to the buildable area of
the lot. For example, in Corona del Mar, the maximum allowed floor area of a lot is equal
to the buildable area of the lot (lot area minus setbacks) times a factor of 1.5. In other
areas, the ratio is as high as 2.0. Gross floor area includes interior finished portion of a
structure that is accessible and that measures more than 6 feet from finished floor to
ceiling. This is intended to account for large attics that visually add to the bulk and mass
of structures. However, since the third -floor regulations only applies to finished areas, the
definition does not include unfinished attics, including those with unfinished attics higher
than 6 feet. Furthermore, the third -floor step backs previously discussed do not apply to
unfinished attics since they are not considered enclosed floor area.
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As a result, many new developments are designed with large unfinished attics to
accommodate mechanical equipment and resident storage needs. Although not intended
to be used as habitable floor area, from the street, these structures appear to have large
third floors and are visually bulkier than the floor area limits intend (see Figure 9). In some
cases, these large attics are illegally converted without permits by future property owners
seeking to take advantage of the additional space.
The proposed code change would eliminate the word finished from the definition of gross
floor area, resulting in any interior portion of a structure with a ceiling height higher than
6 feet counting towards maximum floor area limits. As illustrated in Figure 10, this would
discourage designs with large attics, reducing the visual building bulk of new structures
and minimizing future opportunities for illegal attics conversions into livable space.
Unfinished Attic +6' Height 31 Floor Area 31d Floor Deck
i
Reduced Ato
Figure 9 - Bulk associated with large attics
Figure 10 - Desired Outcome of Revised Definition
Proposed Gross Floor Area Change - Application to Covered Decks and Carports
Prior to the 2010 Zoning Code Update, the definition of gross floor area excluded covered
decks, patios, and carports provided they were open on at least two sides. Unfortunately,
the current definition of gross floor area is silent with respect to covered decks, patios,
and carports. As a result, it has been interpreted that absent of any clear code language,
covered decks, patios, and carports completely open on one side, or substantially open
on two sides, do not count towards gross floor area simply because these areas are not
enclosed.
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The lack of regulation of these features has contributed to increased visual bulk
associated with new residential development as follows:
Visually bulky decks and patios
Relocation of patios from front and rear of structure to sides where they are less
visible to public
Design is easily enclosed with windows by some owners seeking to increase
privacy and comfort by creating an all-weather enclosure
Figure 11. Examples of covered decks and patios designs under current code
The proposed code change would revise the definition of gross floor area requiring
covered decks, patios, and carports to be at least open on two sides, similar to the pre -
2010 Zoning Code requirements. To ensure that the sides are completely open and not
easily able to be illegally enclosed in the future, the open side of the deck or patio will
be required to fully open with the exception of minimal structural supports and required
safety railings. The safety railing will need to be constructed of transparent material
(except for supports) (e.g., glass, decorative grillwork, wrought iron, latticework, or
similar material) so that at least 40 percent of the railing is open with the space between
the 42 inch high safety railing and the structural support above completely open.
Examples illustrating compliance with the code revisions are illustrated below. The
revised definition would continue to allow first floor outdoor spaces such as patios and
foyers to be open only on one side, given they are less visible to the public and in some
case required by code for entry ways facing side yards.
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Open above
Figure 12. Examples of desired openness of covered decks and patios
Proposed Applicability Change - Balboa Island
A majority of residential lots on Balboa Island are zoned Two -Unit Residential, Balboa
Island (R -BI). The R -BI zone is currently exempt from the third floor and open volume
regulations contained in the NBMC Section 20.48.180 (Residential Development
Standards and Design Criteria). As a result, the existing and proposed aforementioned third
floor limits (i.e., step backs, area, and coverage limits) and open volume requirements do
not apply.
The proposed code amendment would revise the applicability of Section 20.48.180
(Residential Development Standards and Design Criteria) to include the proposed new
residential development standards within the R -BI zone so they would apply to all new
construction on Balboa Island.
Proposed Applicability Change - Multi -Unit Residential (RM) Zone
The Multiple Residential (RM) zoning district allows for a range of residential density
ranging from single -unit dwellings to higher density apartments and condominiums. As a
result, the RM zone development standards are designed for higher density development
and include a higher height limit of 28 feet for flat roofs and 33 feet for sloped roofs (R-1
and R-2 are limited to 24 feet flat/29 feet sloped) and private and common open space
requirements for residents.
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Typically, RM zoned lots are larger, but there are pockets of RM lots located in Corona
del Mar and the Balboa Peninsula that are smaller lots, including 30 -foot -wide lots
(Attachment E). On these smaller lots, it is difficult to accommodate current code -required
parking (2 spaces/unit + one guest) for a three -unit development, so it is common to see
many of these lots developed and redeveloped with single- and two -unit dwellings.
In addition to the height benefit of the RM zone, single -unit and two -unit dwellings
developed in the RM zone are currently exempt from the third -floor limitations of Section
20. 48.180 (Residential Development Standards and Design Criteria) described above. In
other words, a single- or two -unit dwelling can be constructed with three full levels of living
area to a maximum height of 33 feet and not be required to provide front, rear, or side step
backs to control mass as would normally be required in the R-2 zone.
No 3rd floor area
1;—;+,
No 3rd step backs
Figure 13. Examples of two -unit development in RM zone with no third floor step backs
Initially, the City Council directed staff to prepare amendments that would limit single -unit
and two -unit dwellings located in the RM zone to the same development standards that
would apply in the R-1 and R-2 zones, including the reduced height limit. This potential
change resulted in strong opposition from property owners during community outreach.
Also, in working with a design professional on a preliminary duplex design for an RM
zoned lot, it was discovered that there is a unique scenario where the application of the
proposed third floor area limits for enclosed floor area could limit the maximum achievable
floor area limit afforded to these RM lots. Subsequent to the initiation of this amendment,
Senate Bill 330 (see expanded SB 330 section of report) was enacted and became
effective in January 1, 2020, and now precludes the City from changing zoning standards
that would reduce the intensity of residential development. Therefore, the suggestion to
possibly reduce height limits for single- and two-family development in the RM zones or
regulate the allowable third floor area has been eliminated from the proposed
amendments.
As currently proposed, the amendments would revise the applicability of Section
20.48.180 (Residential Development Standards and Design Criteria) to require single -
and two -unit dwellings constructed in the RM zoning district to comply with the
aforementioned existing and proposed third floor step backs and open volume
requirements in order to enhance third floor building articulation and minimize bulk.
Application of the proposed third floor step backs would still provide needed articulation
of the upper levels but would not impact the potential to achieve maximum allowable floor
area.
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Proposed Applicability Change - Two -Unit Residential (R-2) lots 25 wide or Less
NBMC Section 20.48.180 (Residential Development Standards and Design Criteria)
currently exempts lots 25 feet wide or less in the R-2 zone from the third floor and open
volume regulations. The rationale was that these lots are already so narrow that the
application of additional design limitations would overly constrain in the development
potential of these lots for two units. Of the 3,791 R-2 lots in the City, 584 of these lots (15%)
are 25 feet wide or less. A majority of these lots are located on the Balboa Peninsula and
concentrated in between 2711 Street and 40th Street (Attachment F).
As a result of input received from the community outreach meeting and in consultation with
members of the design community, it has become apparent that new residential
development on these lots could benefit from application of the additional 15 -foot front and
rear third floor step back requirements. Application of these step backs would not constrain
the development potential of these lots but would greatly enhance the aesthetics and
visually reduce the upper level bulk.
Therefore, the proposed amendments would revise the applicability of Section 20.48.180 to
continue to exempt the 25 -foot wide lots from the third -floor area limits and open volume
requirements but will now require the application of the 15 -foot front and rear step backs.
Proposed Local Coastal Program Amendment (Title 21)
Properties located in the Coastal Zone (Attachment G) of the City are regulated by the
Local Coastal Program (LCP), which is comprised of the Coastal Land Use Plan (CLUP),
a policy document, and the Implementation Plan (IP or Title 21), a regulatory document.
Any amendments to the LCP must be reviewed and approved by the City Council, with a
recommendation from the Planning Commission, prior to submitting the amendment
request to the Coastal Commission for review and approval.
Although the third floor and open volume regulations contained within NBMC Section
20.48.180 (Residential Development Standards and Design Criteria) don't exist within the
IP of the LCP, the definition of gross floor area does. To ensure that the IP of the LCP
maintains the same definition of gross floor area as the zoning code, an amendment to the
LCP is necessary. The amendment will also include clarification that the RM coastal zoning
district open space standards contained in the IP apply to multi -unit dwellings consisting of
three -units or more. For single -unit or two -unit dwellings constructed in the RM coastal
zoning district, they will still be subject to the third floor and open volume regulations
contained in the zoning code (Section 20.48.180).
Community Outreach
Staff held two separate community outreach workshops, a City Council Study Session, and
two Planning Commission meetings to share and discuss the proposed changes to
residential design standards. In addition, staff has met and consulted with multiple
community members and design professionals familiar with the City's zoning regulations.
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The proposed amendments incorporate the culmination of input received at these various
meetings. A summary of the community outreach in included as Attachment H.
Compliance with Senate Bill 330 (Housing Crisis Act of 2019)
Senate Bill 330 (SB 330) — also known as the Housing Crisis Act of 2019 — restricts the
adoption of zoning amendments that would result in the reduction of allowed density or
intensity of land uses than what is allowed under the regulations in effect on January 1,
2018. The law defines "less intensive use" to include, but is not limited to, reductions to
height, density, or floor area ratio, new or increased open space or lot size requirements,
new or increased setback requirements, minimum frontage requirements, or maximum
lot coverage limitations, or anything that would lessen the intensity of housing. To confirm
the City's own analysis of compliance with SB 330, staff consulted with the State Department
of Housing and Community Development (HCD) and prepared additional floor area analysis
as discussed further below.
On May 8, 2020, staff reached out to HCD to review the proposed amendments and
obtain a determination of compliance with SB 330. HCD agreed to review the proposed
amendments, including the May 7, 2020, Planning Commission agenda materials. On July
31, 2020, they concluded their review and issued a letter to the City finding that upon review
of the materials, the pending revisions do not trigger the "less intensive use" provisions
under Government Code section 66300, subdivision (b)(1)(A). Their letter also confirms
staff's position that the term "less intensive use" likely refers to reducing the number of
allowed units on a site pursuant to their statement that "HCD understands the revisions
do not impact the ability to achieve maximum densities independently or cumulatively in
combination with all other development standards." A copy of the HCD determination
letter and staff email correspondence is included as Attachment I.
To ensure the application of the proposed residential standards to lots previously exempt
do not restrict the ability to achieve the maximum allowable floor area or intensity of
development, staff has prepared a floor area analysis (Attachment J) exhibit for the zoning
districts impacted. The analysis illustrates that with the application of the proposed
standards, the lots could physically accommodate more floor area than is currently permitted
under the existing floor area limits. As a result, there is no loss of allowable floor area and
the proposed amendment would be consistent with State law.
Planning Commission Recommendation
The Planning Commission reviewed the proposed amendments on their May 7, 2020,
and September 17, 2020, meetings. Extensive public comments were received, both in
support of the proposed revisions and against. Meeting minutes are included as
Attachments K and L. At the conclusion of their hearing, the Planning Commission
adopted Resolutions No. PC2020-031 and PC2020-032 (Attachments M and N) with a
majority vote (5 ayes and 2 noes), to recommend approval of the proposed amendments
to the City Council.
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The Planning Commission also discussed the need to implement a transition period
before these amendments become effective. However, there was no consensus of what
that period should be and ultimately a transition period is not included in the Planning
Commission's recommendation for approval. Staff recognizes the need for a transition
period for projects that are currently under review or pending submittal and staff has
included a transition period described in the next section.
Recommended Effective Date of Ordinance
Typically, an ordinance will become effective 30 days following the second reading. Should
the City Council decide to introduce the ordinance, the City Council can conduct 2nd reading
and adopt the ordinance at the December 8, 2020, City Council meeting, resulting in a
potential effective date of January 7, 2021.
Discretionary projects (e.g. variances, modification permits, coastal development permits)
that were previously approved by the City, projects currently under review in plan check,
and projects already designed and planned to be submitted for review in the near term could
be impacted by the proposed amendments if those projects were required to be redesigned
to comply. In order to avoid costly delays to redesign these projects, staff recommends
including a provision within the adopting ordinance tolling the effective date for the following
types of projects in the pipeline:
An application for a coastal development permit, variance, modification permit, or
site development permit for a residential project deemed complete prior to the
effective date of this ordinance.
An application for any building permit or zoning clearance for a residential project
submitted prior to February 1, 2021.
An application for a building permit or zoning clearance for a residential project that
has been granted a coastal development permit, variance, modification permit, or
site development permit for a residential project that has not expired.
ENVIRONMENTAL REVIEW
The action proposed herein is not a project subject to the California Environmental Quality
Act (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 from
the CEQA pursuant to State 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 Amendment itself does not authorize development that
would directly result in physical change to the environment.
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NOTICING
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
Local Coastal Program (LCP) Amendment was made available and a Notice of Availability
was distributed on April 23, 2020, to all persons and agencies on the Notice of Availability
mailing list.
In addition, notice of these amendments was published in the Daily Pilot as an eighth -
page advertisement, consistent with the provisions of the NBMC. The item also appeared
on the agenda for this meeting, which was posted at City Hall and on the City website.
Lastly, notice of this hearing was emailed to interested parties that have requested notice
and/or attended the community meetings.
ATTACHMENTS
Attachment A
— Ordinance No. 2020-28 (Title 20 Amendments)
Attachment B
—Resolution No. 2020-102 (Title 21 Amendments)
Attachment C
—April 23, 2019 City Council Study Session Minutes
Attachment D
— Redline/Strikeout Version of Proposed Amendments
Attachment E
— Map of RM Lots
Attachment F
— Map of R-2 Lots 25 Feet Wide or Less
Attachment G
— Map of Coastal Zone
Attachment H
—Community Outreach Summary
Attachment I
— HCD Letter and Correspondence
Attachment J
— Floor Area Analysis
Attachment K
— May 7, 2020 Planning Commission Meeting Minutes
Attachment L
—September 17, 2020 Planning Commission Meeting Minutes
Attachment M
—Planning Commission Resolution No. PC2020-031
Attachment N
— Planning Commission Resolution No. PC2020-032
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Attachment C
Resolution No. 2020-102
3-28
RESOLUTION NO. 2020-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2019-006 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO RESIDENTIAL DESIGN STANDARDS (PA2019-070)
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a local coastal program ("LCP") for the 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 ("Local Coastal Program")
as amended from time to time including most recently on February 12, 2019, via
Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21
(Local Coastal Program Implementation Plan) ("Title 21 ") to the Newport Beach Municipal
Code ("NBMC") whereby the City assumed coastal development permit -issuing authority
as of January 30, 2017;
WHEREAS, in 2010, the City adopted revisions to Title 20 (Planning and Zoning)
("2010 Zoning Code Update") in order to streamline the review process and simplify the
development standards applicable to residential development, while maintaining allowable
building envelopes and preserving the character of existing communities which were also
incorporated into Title 21 (Local Coastal Program Implementation Plan);
WHEREAS, the City is revising Title 20 (Planning and Zoning) to minimize the bulk
and mass associated with recent residential developments ("Zoning Code Amendment")
and, as a result, an amendment to Title 21 (Local Coastal Program Implementation Plan)
("LCP Amendment") is necessary to ensure consistency;
WHEREAS, the LCP Amendment revises the definition of gross floor area to
capture unfinished attics and open space standards;
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Resolution No. 2020-102
Page 2 of 5
WHEREAS, the revision to the definition of gross floor area is appropriate in order
to prevent the unpermitted conversion of unfinished attics and decks for use as living
area;
WHEREAS, additionally, a minor clarification is needed to the Open Space row of
Table 21.18-4 (Development Standards for Multi -Unit Residential Coastal Zoning
Districts) of the NBMC, clarifying that common and private open space requirements only
apply to multi -unit residential developments of three (3) units or more;
WHEREAS, on May 14, 2019, the City Council initiated portions of the Code
Amendment under Resolution No. 2019-43 authorizing staff to investigate code revisions to
reduce third floor mass and overall building bulk associated with single -unit and two -unit
developments;
WHEREAS, on May 28, 2019, the City Council initiated the remaining portion of the
Code Amendment under Resolution No. 2019-45 authorizing staff to initiate code revisions
to restrict single -unit and two -unit dwellings developed on lots zoned for RM (Multiple
Residential) to the development standards applicable to the standards of the R-2 (Two -
Unit Residential) Zoning District;
WHEREAS, on August 19, 2019, the Community Development Department staff
hosted a community meeting attended by 64 interested members of the public, including
design professionals in order to receive community feedback on the draft Zoning Code
and LCP Amendments;
WHEREAS, on September 10, 2019, the City Council held a study session to receive
a staff update on comments received at the August 19, 2019 community meeting on the
draft Zoning Code and LCP Amendments and to provide staff further direction;
WHEREAS, on March 9, 2020, the Community Development Department staff
hosted a second community meeting attended by 25 interested members of the public,
including design professionals in order to receive additional community feedback on the
refinements to the Zoning Code and LCP Amendments;
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 ("Public Participation"), a draft of Local Coastal Program
Amendment No. LC2019-006 was made available and a Notice of Availability was
distributed on April 23, 2020, at least six (6) weeks prior to the City Council public hearing;
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Resolution No. 2020-102
Page 3 of 5
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions 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. ("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
Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing, the Planning Commission
recommended staff seek guidance from the California Department of Housing and
Community Development ("HCD") as to whether the proposed Zoning Code and LCP
Amendments complied with Housing Crisis Act of 2019 (Senate Bill 330), which generally
prohibits a locality from enacting a development policy, standard or condition that reduces
intensity, imposes moratoriums, enforces subjective design standards or implements any
provision that limits approvals or caps population;
WHEREAS, at the request of the City, HCD reviewed the proposed Zoning Code
and LCP Amendments, including the May 7, 2020 Planning Commission agenda materials
for compliance with the Housing Crisis Act of 2019;
WHEREAS, on July 31, 2020, HCD issued a letterto the City finding that upon review
of the materials, the pending revisions do not trigger the Housing Crisis Act "less intensive
use" provisions under Government Code section 66300, subdivision (b)(1)(A);
WHEREAS, a telephonic public hearing was held by the Planning Commission on
September 17, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, observing restrictions 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 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 Planning Commission at this public hearing. At the conclusion of
the hearing, the Planning Commission adopted Resolution No. PC2020-032 by a majority
vote (5 ayes, 2 nays) recommending to the City Council approval of Local Coastal
Program Amendment No. LC 2019-006; and
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Resolution No. 2020-102
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WHEREAS, a telephonic public hearing was held by the City Council on November
24, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions 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 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.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby authorize submittal of Local Coastal
Program Amendment No. LC2019-006 amending Table 21.184 of Section 21.18.030
(Residential Coastal Zoning Districts General Development Standards) and Section
21.70.020 (Definitions of Specialized Terms and Phrases) of Title 21 (Local Coastal
Program Implementation Plan) of the NBMC as set forth in Exhibit "A," which is attached
hereto and incorporated herein by reference, to the California Coastal Commission.
Section 2: 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.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
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.
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Resolution No. 2020-102
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Section 6: The City Council finds the adoption of this resolution is not 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 statutorily exempt from the requirements of CEQA in
connection with the adoption of a local coastal program. The LCP Amendment itself does
not authorize development that would directly result in physical change to the
environment.
Section 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 24th day of November, 2020.
Will O'Neill
Mayor
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C
d,-,-
AaYon C. Harp
City Attorney
Attachment: Exhibit A - Proposed Local Coastal Program Amendment No. LC2019-006
Related to Residential Design Standards (PA2019-070)
3-33
EXHIBIT "A"
Proposed Local Coastal Program Amendment No. LC2019-006
Related to Residential Design Standards (PA2019-070)
Section 1: The Open Space row of Table 21.18-4 of Section 21.18.030
(Development Standards for Multi -Unit Residential Coastal Zoning Districts) of Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code shall
be amended to read as follows:
Section 2: The definition of "Floor Area, Gross" of Section 21.70.20 (Definitions
of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code, shall be amended to read as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
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Minimum required open space (applicable to 3 or more unit development).
Common: 75 square feet/unit
Minimum dimension shall be 15
Open Space
feet. Private: 5% of the gross
floor area for each unit.
The minimum dimension is for length
Minimum dimension shall be 6
and width.
feet.
Section 2: The definition of "Floor Area, Gross" of Section 21.70.20 (Definitions
of Specialized Terms and Phrases) of Title 21 (Local Coastal Program Implementation
Plan) of the Newport Beach Municipal Code, shall be amended to read as follows:
Floor Area, Gross.
1. Single -Unit and Two -Unit Dwellings.
a. For single -unit and two -unit dwellings, the following areas shall be
included in calculations of gross floor area:
i. The area within and including the surrounding exterior walls;
ii. Covered decks, balconies or patios above the first floor;
iii. Any interior portion of a structure that is accessible and that
measures more than six feet from floor to ceiling; and
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iv. Covered parking spaces which are open only on one side.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level; and
ii. Covered decks, balconies or patios open on at least two sides,
with the exception of required safety railings and minimal
structural supports. Railings shall be constructed of either
transparent material (except for supports) or opaque material
(e.g., decorative grillwork, wrought iron, latticework, or similar
open materials) so that at least forty (40) percent of the railing is
open.
2. Multi -Unit Residential (3+ dwellings), Mixed -Use, and Nonresidential Structures.
a. For multi -unit residential, mixed-use, and nonresidential structures, the
following areas shall be included in calculations of gross floor area:
i. The surrounding exterior walls; and
ii. Any interior portion of a structure that is accessible and that
measures more than four feet from floor to ceiling.
b. The following areas shall be excluded:
i. Stairwells and elevator shafts above the first level;
ii. Outdoor dining areas associated with an eating and drinking
establishment, and
iii. Parking structures associated with an allowed use within the same
development.
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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. 2020-102 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 24th day of November, 2020; and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Kevin Muldoon
NAYS: None
ABSENT: Council Member Duffy Duffield, Council Member Jeff Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 251h day of November, 2020.
aAA-; J
AV)-s-
Leilani I. Brown
City Clerk
Newport Beach, California
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Attachment D
Coastal Commission Approval Letter
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STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
301 East Ocean Avenue, Suite 300
Long Beach, CA 90802
(562) 590-5071 t ilil'NITY
[iEVEL0P1MR4T
AUG 0 4 20
The Honorable City Council
f�)ff)Z Nm IS, LA
GAVIN
GOVERNOR
July 23, 2021
City of Newport Beach
100 Civic Center Drive U
Newport Beach CA 92660
Re: City of Newport Beach LCP Amendment Request No. LCP-5-NPB-21-0036-1 Part A and
Part B
Dear Councilpersons:
You are hereby notified that the California Coastal Commission, at its July 7, 2021 meeting
approved as submitted City of Newport Beach LCP Amendment No. LCP-5-NPB-21-0036-1
Part A and Part B. The amendment will be fully effective upon filing of the notice of the
Commission's certification with the Secretary of the Natural Resources Agency as provided by
Public Resources Code Section 21080.5(d)(2)(E).
LCP Amendment No. LCP-5-NPB-21-0036-1 Part A was submitted pursuant to City
Council Resolution No. 2020-102. Part A of the amendment involves revisions to the
Residential Design Standards in the Implementation Plan (IP) portion of the certified LCP.
Specifically, the amendment would revise the definition of Gross Floor Area in IP Section
21.70.020 and would revise Table 21.18-4 of IP Section 21.18.030 to clarify that the
common and private open space requirements only apply to multi -unit residential
developments of three (3) units or more. LCP Amendment No. LCP75-NPB-21-0036-1
Part B involves revisions to both the Land Use Plan (LUP) the Implementation Plan (IP)
portion of the certified LCP regarding signs to delete the language at the end of LUP Policy
4.4.4-4 that allows for the amortization of legal nonconforming signs and would delete IP
Section 21.30.065(E) that references the City's self-imposed deadline of October 27, 2020
for the removal or alteration of nonconforming roof and pole signs.
The Executive Director determined that the subject LCP Amendment Parts A and B were
De Minimis and reported them to the Commission at its July 7, 2021 meeting. No
Commissioners objected to the De Minimis determination. Pursuant to Coastal Act
Section 30514(d)(3)(C), the amendment is deemed approved and becomes a certified part
of the LCP ten days after the date of the Commission meeting; in this case, on July 21,
2021. On behalf of the Coastal Commission, I would like to congratulate the City on the
completion of this LCP amendment. We look forward to working with you and your staff in
the future.
� Sincerely,
Liliana Roman
Coastal Program Analyst
cc. Jaime Murillo, Planning Program Manager
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