HomeMy WebLinkAbout2021-97 - Authorizing Submittal of Local Coastal Program Amendment No. LC2020-001 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Correcting Setback Map ErrorsRESOLUTION NO. 2021-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2020-001 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE
CORRECTING SETBACK MAP ERRORS (PA2020-006)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter")
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a Local Coastal Program ("LCP") for that portion of the
coastal zone within its jurisdiction;
WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation
Plan) is necessary to correct identified errors to various setback maps ("LCP
Amendment");
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 September 14, 2021, via City Council Resolution No.
2021-79;
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 City of Newport
Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit -
issuing authority on January 30, 2017;
WHEREAS, both Title 20 (Planning and Zoning Code) ("Title 20") and Title 21
(Local Coastal Implementation Plan) of the NBMC incorporate a series of maps that
provide minimum setbacks for various, but not all, blocks throughout the City;
Resolution No. 2021-97
Page 2 of 5
WHEREAS, the practice began in 1943 as a way to recognize existing and
varying conditions that did not match the citywide default front yard setback standard of
20 feet;
WHEREAS, the current setback maps are the descendants of the original 1943
maps (previously called districting maps), and several of them contain errors and
omissions that occurred when the districting maps were converted into the current
setback maps as part of the 2010 comprehensive update to Title 20 (Planning and
Zoning);
WHEREAS, in 2017, the California Coastal Commission certified Title 21 (Local
Coastal Implementation Plan), which incorporated the same setback maps for properties
located within the coastal zone;
WHEREAS, application of the incorrect setbacks results in development
standards that are inconsistent with the existing pattern of development and several
homes being considered nonconforming, which subjects these homes to additional
development regulations affecting additions and remodels and a loss of buildable area;
WHEREAS, the Zoning Code and LCP Amendments serves to clarify the correct
location these setbacks are measured from, such as a vacated right-of-way line or
bulkhead line, to maintain the existing pattern of development on a block, to correct
identified errors in the setback maps and re-establish setbacks consistent with the original
districting maps and existing pattern of development;
WHEREAS, on April 23, 2019, the City Council initiated the LCP Amendment under
City Council Resolution No. 2019-41;
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. LC2020-001 were made
available and a notice of availability was distributed at least six weeks prior to the City
Council public hearing;
Resolution No. 2021-97
Page 3of5
WHEREAS, the Planning Commission held a public hearing on July 22, 2021, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter
21.62 (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. PC2021-021 by a unanimous vote (4 ayes, 0 nayes) recommending to the
City Council approval of Local Coastal Program Amendment No. LC2020-001; and
WHEREAS, the City Council held a public hearing on October 12, 2021, in the
Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice
of time, place and purpose of the public hearing was given in accordance with the Ralph
M. Brown Act and 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 City staff to submit Local
Coastal Program Amendment No. LC2020-001, amending Setback Map Nos. S -1A— West
Newport, S -2A — Balboa Peninsula, S -2E — Balboa Peninsula, S -2F — Balboa Peninsula, S -
2G - Balboa Peninsula, S-6 — Bay Shores, S-8 — Harbor Island, S-1 OA — Corona del Mar, S -
10B — Corona del Mar, and S -10D — Corona del Mar contained within NBMC Section
21.80.040 (Setback Maps) as set forth in Exhibit "A," which is attached hereto and
incorporated herein by reference, to the California Coastal Commission for review and
approval.
Section 2: Local Coastal Program Amendment No. LC2020-001 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution(s) and/or ordinance(s) of the City Council.
Section 3: The Local Coastal Program including Local Coastal Program
Amendment No. LC2020-001, 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.
Resolution No. 2021-97
Page 4of5
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 LCP Amendment is exempt pursuant to
California Environmental Quality Act ("CEQA") Section 15061(b)(3), of Title 14, Division
6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines") the general rule
that CEQA applies only to projects, which have the potential for causing a significant
effect on the environment. The LCP Amendment corrects errors in setback maps that are
inconsistent with historically established setbacks and generally reflects setbacks that are
consistent with existing development on the affected lots. The LCP Amendment does not
authorize any new development that would directly result in physical change to the
environment. Additionally, 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.
Resolution No. 2021-97
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 12th day of October 2021.
or
Cayor
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ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A&oA C. Harp
City Attorney
Attachment(s): Exhibit A- Title 21 Setback Map Revisions
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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. 2021-97 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 121h day of October, 2021; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1311 day of October, 2021.
dif
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Leilani I. Brown
City Clerk
Newport Beach, California