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HomeMy WebLinkAbout03 - Amending the LCP Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019-055)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report November 30, 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. 2021-26: Amending the LCP Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019- 055) ABSTRACT: On July 28, 2020, the City Council approved amendments to Title 20 (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 Title 21 amendments required subsequent California Coastal Commission (CCC) review and approval. On October 13, 2021, the CCC approved the Title 21 amendments with no modifications. This agenda item will request City Council to introduce an ordinance formally adopting LCP Amendment No. LC2019-001 revising Title 21 consistent with the CCC approval. RECOMMENDATION: a) 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; and b) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2021-26, 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. LC2019-001 Correcting and Clarifying Provisions Related to Minimum Lot Size and Dimension, Overlays and Public Hearing Notice Requirements (PA2019-055), and pass to second reading on December 14, 2021. 3-1 Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) November 30, 2021 Page 2 DISCUSSION: Background On July 28, 2020, the City Council approved amendments to Title 20 (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 July 28, 2020, City Council staff report is included for reference as Attachment B and includes a detailed description of the various components of the amendments. The proposed amendments are considered minor clean-up items and affect different sections of Title 20 and Title 21. Table 1 below provides an overview of the proposed amendments, including which title of the City of Newport Beach (City) 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 are intended to implement the goals, objectives and policies of the City's Coastal Land Use Plan. 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 Ordinance No. 2020-19, approving the Title 20 amendments, was introduced on July 28, 2020, and adopted by the City Council on August 25, 2020, and is now effective. The proposed amendments to Title 21 required review and approval by the CCC. At the July 28, 2020, City Council meeting, the City Council adopted Resolution No. 2020-72 (Attachment C), authorizing submittal of LCP Amendment No. LC2019-001 to the CCC for review and approval. The resolution specified LCP Amendment No. LC2019-001 shall not become effective until approval by the CCC and adoption, including any modifications suggested by the CCC, by resolution(s) and/or ordinance(s) of the City Council. On October 13, 2021, the CCC approved LCP Amendment No. LC2019-001 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 October 13, 2021; however, full implementation requires the adoption of the recommended ordinance. 3-2 Ordinance No. 2021-16: Amending the LCP Implementation Plan Related to Corrections, Clarifications, and Inconsistencies (PA2019-055) November 30, 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 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 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). Notice of the July 28, 2020, City Council hearing where this amendment was originally considered and approved for submittal to the CCC was published in the Daily Pilot as an eighth -page advertisement, consistent with the provisions of the NBMC and State law. 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 May 7, 2020, to all persons and agencies on the Notice of Availability mailing list. ATTACHMENTS: Attachment A — Ordinance No. 2021-26 Attachment B —July 28, 2020 City Council Staff Report Attachment C — Resolution No. 2020-72 Attachment D — CCC Approval Letter 3-3 ATTACHMENT A ORDINANCE NO. 2021-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-001 AMENDING TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) TO CORRECT AND CLARIFY 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 ("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 September 14, 2021, via 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 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, on April 23, 2019, the City Council adopted Resolution No. 2019-41 to initiate amendments to Title 21 related to minimum lot size and dimensions, overlay zoning districts, public hearing notification, corrections to setback maps and the transfer of development rights ("LCP Amendment No. LC2019-001 "); 3-4 Ordinance No. 2021 - Page 2 of 7 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. ("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 hearing, the Planning Commission adopted Resolution No. PC2020-025 (6 ayes, 0 nays, 1 absent) 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 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; WHEREAS, at the hearing, the City Council adopted Resolution No. 2020-072 authorizing submittal of LCP Amendment No. LC2019-001 to the California Coastal Commission and Ordinance No. 2020-19 by a unanimous vote (7 ayes, 0 nays); WHEREAS, on October 13, 2021, the California Coastal Commission approved LCP Amendment No. LC2019-001 (LCP-5-NPB-20-0060-2 Part B) with no modifications, as a result, LCP Amendment No. LC2019-001 is now deemed approved and became a certified part the City's Local Coastal Program on October 13, 2021; 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. 3-5 Ordinance No. 2021 - Page 3 of 7 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: 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: (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: Development Feature R -BI R-2 R-2-6,000 Additional Development Feature R -A R-1 R-1-6,000 Requirements Lot Area (1) (6): 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: 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)(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. 3-6 Ordinance No. 2021 - Page 4 of 7 (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 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: 3-7 Ordinance No. 2021 - Page 5 of 7 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)(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. Section 7: The LCP and Title 21 (Local Coastal Program Implementation Plan), including LCP Amendment No. LC2019-001, shall be carried out in full conformance with the California Coastal Act. Ordinance No. 2021 - Page 6 of 7 Section 8: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 9: 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 10: The City Council finds the 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"). LCP Amendment No. LC2019-001 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. LCP Amendment No. LC2019-001 itself does not authorize development that would directly result in physical change to the environment. Section 11: 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 12: 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. 3-9 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 30th day of November, 2021, and adopted on the 14th day of December, 2021, by the following vote, to -wit: AYES: NAYS: F. ]61=1i•11 BRAD AVERY, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CX_44."' TTORNEY'S OFFICE AA ON C. HARP, CITY A TORNEY 3-10 ATTACHMENT B July 28, 2021 City Council Staff Report 3-11 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 3-12 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 Introdiirtinn 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 3-13 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 Zoning 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 3-14 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 3-15 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 3-16 ATTACHMENT C City Council Resolution No. 2020-72 3-17 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 Pian 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; 3-18 Resolution No. 2020-72 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; 3-19 Resolution No. 2020-72 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 NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-025 (6 ayes, 0 no) 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. 3-20 Resolution No. 2020-72 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. 3-21 Resolution No. 2020-72 Page 5of5 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: 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) 3-22 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 (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. Corner lot ft. 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: 3-23 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. 3-23 (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 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 I 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 3-24 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)(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. 3-25 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. 2020-72, was duly introduced before and adopted by the City Council of said City at a regular meeting'of said Council held on the 28th day of July, 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 Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of July, 2020. /V V Vli 1 /11;� � � Leilani I. Brown City Clerk Newport Beach, California 3-26 ATTACHMENT D California Coastal Commission Approval Letter 3-27 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 301 E. OCEAN BLVD., SUITE 300 LONG BEACH, CA 90802 (562) 590-5071 The Honorable City Council GAVIN NEWSOM, GOVERNOR October 18, 2021 City of Newport Beach r,F- 100 Civic Center Drive Newport Beach CA 92660 Re: City of Newport Beach LCP Amendment Request No. LCP-5-NPB-20-0060-2 Part A and Part B Dear Councilperson You are hereby notified that the California Coastal Commission, at its October 13, 2021 meeting approved as submitted City of Newport Beach LCP Amendment No. LCP-5- NPB-20-0060-2 Part A and Part B. The LCP amendment will be fully effective upon filing of the notice of the Commission's certification with the Secretary of the Resources Agency as provided by Public Resources Code Section 21080.5(d)(2)(v). LCP Amendment No. LCP-5-NPB-20-0060-2 Part A and Part B, which were submitted pursuant to Newport Beach City Council Ordinance No. 2020-12 (Part A) and Newport Beach City Council Resolution No. 2020-72 (Part B). Part A revises IP Setback Map No. S -1A to adjust the required setbacks for property located at 6501-6503 Seashore Drive on Balboa Peninsula to match the setback requirements of other properties in the area (i.e., zero front setback, 4 -foot side setbacks, and 5 -foot rear alley setback). Part B includes multiple changes to different sections of the IP that correct and/or clarify provisions related to minimum lot size and dimensions, Overlay Zones, and to public hearing notice requirements. This staff report addresses the full LCP amendment submittal. The Executive Director determined that the LCP Amendment was major amendment and the Commission approved the amendment following a public hearing. On behalf of the Coastal Commission, I would like to congratulate the City on the completion of this LCP amendment. Thank you for your cooperation and we look forward to working with you and your staff in the future. If you have any questions, please contact Liliana Roman at our Long Beach office (562) 590-5071. Sincerely, Z AIZA.". Zach Rehm, South Coast District Supervisor cc. Jaime Murillo, Principal Planner Page 1 of 1 3-28