HomeMy WebLinkAbout18 - Amending the NBMC and the Coastal Land Use Plan Related to Cottage Preservation (PA2019-181)Q �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 11, 2022
Agenda Item No. 18
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, AICP, Principal Planner,
jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach
Municipal Code and the Coastal Land Use Plan Related to Cottage
Preservation (PA2019-181)
ABSTRACT:
On February 11, 2020, the City Council adopted amendments to Title 20 (Zoning Code)
and Title 15 (Buildings and Construction) of the Newport Beach Municipal Code (NBMC) to
incentivize the preservation of cottages.
Similar amendments to Title 21 (Local Coastal Program Implementation Plan) of NBMC
and Coastal Land Use Plan (CLUP) of the Local Coastal Program (LCP) were also
needed to extend the incentive to properties located within the coastal zone and ensure
consistency with the adopted changes to Title 20. On January 28, 2020, the City Council
authorized submittal of LCP Amendment No. LC2019-004 to the California Coastal
Commission (CCC).
On November 19, 2021, the CCC approved the Title 21 and Coastal Land Use Plan
amendments with suggested modifications. For the City Council's consideration are the
proposed ordinances and resolution to accept and incorporate the CCC's suggested
modifications into the Coastal Land Use Plan and into both Titles 20 and 21 for
consistency.
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;
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Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code and
the Coastal Land Use Plan Related to Cottage Preservation (PA2019-181)
January 11, 2022
Page 2
c) Adopt Resolution No. 2022-4, A Resolution of the City Council of the City of Newport
Beach, California, Adopting Local Coastal Program Amendment No. LC2019-004
and Amending Policy 2.9.3-8 of the Newport Beach Coastal Land Use Plan Related
to Cottage Preservation (PA2019-181);
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-2, An Ordinance of the City Council of the City of Newport Beach, California,
Adopting Revisions to Zoning Code Amendment No. CA2019-006 Amending Title 20
(Planning and Zoning) of the City of Newport Beach Municipal Code Related to
Cottage Preservation for Consistency with the California Coastal Commission's
Modifications (PA2019-181), and pass to second reading on January 25, 2022; and
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2022-3, An Ordinance of the City Council of the City of Newport Beach, California,
Accepting California Coastal Commission's Suggested Modifications and Adopting
Local Coastal Program Amendment No. LC2019-004 to Amend Title 21 (Local
Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code
Related to Cottage Preservation (PA2019-181), and pass to second reading on
January 25, 2022.
DISCUSSION:
As a result of growing community concerns related to the loss of small residential cottages
in the City, the City Council adopted Code Amendment No. CA2019-006 on February 11,
2020, amending both Title 20 and Title 15 of the NBMC to incentivize the preservation of
cottages. Typically, original beach cottages do not provide all the code -required parking and
additions are limited to 10 percent of the existing floor area. The amendments would allow
larger additions (up to 50 percent of the existing floor area or a maximum of 750 square
feet) without providing the minimum code -required parking when the project would result
in the preservation of the cottage character and building envelope that is representative
of traditional development patterns in the City. Eligible projects would also receive relief
from a building code valuation threshold requiring building code compliance as new
construction. The January 28, 2020, City Council staff report introducing the ordinance
and describing the incentive in more detail is included as Attachment D for reference.
Amendments to Title 21 (Local Coastal Program Implementation Plan) of NBMC are also
needed to extend the incentive to properties located within the coastal zone and ensure
consistency with the adopted changes to Title 20. In addition, an amendment to CLUP
Policy 2.3.3-8 of the LCP was needed to establish a policy for which the new Title 21
regulations would implement.
At the January 28, 2020, City Council meeting, the City Council adopted Resolution
No. 2020-12 (Attachment E), authorizing submittal of LCP Amendment No. LC2019-004
to the CCC for review and approval. The resolution specified LCP Amendment
No. LC2019-004 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.
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Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code and
the Coastal Land Use Plan Related to Cottage Preservation (PA2019-181)
January 11, 2022
Page 3
Coastal Commission Action
The CCC reviewed the LCP Amendment related to cottage preservation at its
November 19, 2021, hearing. Overall, the CCC approved the amendments as submitted,
with the exception of suggested modifications related to clarifying the eligibility for the
incentive, ensuring that coastal resource protections regulations are upheld, and allowing
for limited short-term lodging use. The CCC approval letter, including suggested
modifications, is included as Attachment F. A summary of the suggested modifications is
included below.
Cottage Eligibility
As used by the community, the term cottage refers to the smaller residential dwellings or
structures that are representative of the traditional development patterns in the City,
particularly in old Corona del Mar, on Balboa Island, and on the Balboa Peninsula. These
structures are typically one-story, with the exception of a small second story above
parking in the rear of a lot. Many cottages vary in architectural style and year of
construction. Therefore, for the purpose of this amendment, the cottage preservation
incentive will be granted for those projects that agree to maintain a building envelope
representative of traditional cottages.
The building envelope for cottage preservation eligibility would be limited as follows
• Front half of lot limited to one story and a maximum height of 16 feet;
• Rear half of lot limited to two stories and a maximum height of 24 feet; and
• Third floors or third floor decks would be prohibited.
The CCC suggested modifications to require that to be eligible for the incentive, both the
original development and resulting development must fit within the criteria described
above and as illustrated in Figure 1. As originally proposed, only the resulting
development was required to comply with the design criteria. The CCC also clarified that
an eligible cottage unit shall not exceed 1,500 square feet in area, prior to the allowed
addition.
Figure 1. Qualifying Building Envelope for Cottage Preservation
16' max
Rear half of lot
24' max
Side View
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Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code and
the Coastal Land Use Plan Related to Cottage Preservation (PA2019-181)
January 11, 2022
Page 4
Coastal Resource Protection
The CCC suggested modifications to include the addition of language to both CLUP
Policy 2.3.3-8 and Title 21 regulations to clarify that the existing CLUP policies and
Title 21 regulations pertaining to coastal views, setbacks, public access, coastal hazards,
and sensitive habitat must be applied to developments taking advantage of cottage
preservation incentive.
Short -Term Lodging Allowances
There are over 500 cottages that are currently utilized for short-term lodging. However,
the intent of the amendments is to provide an alternative to a homeowner seeking to
preserve their cottage while allowing for a reasonable size addition to accommodate
kitchen or bedroom expansions and enhance the livability of their homes. Concerns were
raised during the Planning Commission hearings that the incentives could be used to
further expand cottages used for short-term rentals, increasing occupancy and
exacerbating existing potential conflicts these units create. Therefore, the originally
proposed amendments included a prohibition of the use of the property for short-term
rentals. This prohibition would have been included in the required deed restriction and
any existing short-term lodging permit would be revoked.
While the CCC shared concerns that utilizing the cottage preservation incentive to expand
occupancy for short-term lodging could negatively increase demand for on -street parking
and remove rental units from the housing stock, they were also concerned that the
prohibition would place additional limits on short-term lodging in a manner inconsistent
with the provisions of the City of Newport Beach's (City's) recently adopted short-term
lodging amendments. Therefore, the CCC included suggested modifications as a
compromised approach to address the City's concerns without imposing an additional
restriction on short-term lodging. Specifically, the modifications would restrict the
occupancy limit for short-term permits within a dwelling utilizing the cottage preservation
incentive to a maximum of six occupants. If a cottage owner wishes to increase the total
occupancy beyond six occupants, then the owner must bring the development's parking
into conformity with the current parking standards. This would allow cottages which
currently host short-term lodging to be improved consistent with the ordinance but would
prevent them from hosting large numbers of guests who might adversely impact the
coastal parking supply.
The draft ordinance amending Title 20 will maintain the prohibition of short-term lodging
on properties utilizing the cottage preservation incentive located outside the coastal zone,
but will refer to Title 21 for the allowance of short-term lodging with a maximum of six
occupants for properties utilizing the incentive within the coastal zone. A map of the
coastal zone is included as Attachment G for reference.
FISCAL IMPACT:
There is no fiscal impact related to this item.
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Ordinance Nos. 2022-2 and 2022-3: Amending the Newport Beach Municipal Code and
the Coastal Land Use Plan Related to Cottage Preservation (PA2019-181)
January 11, 2022
Page 5
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 any development
and therefore would not directly result in physical change to the environment.
Z[9)t1INIkiLes
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
October 4, 2019, to all persons and agencies on the Notice of Availability mailing list and
posted online. Revisions to the draft LCP Amendment have also been posted online.
Notice of this amendment 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 amendment was emailed to interested parties that attended
community meetings or that have expressed interest in this item.
ATTACHMENTS:
Attachment A —
Resolution No. 2022-4
Attachment B
— Ordinance No. 2022-2 (Code Amendment No. CA2019-006)
Attachment C
— Ordinance No. 2022-3 (LCP Amendment No. LC2019-004)
Attachment D
— January 28, 2020 Staff Report
Attachment E
— Resolution No. 2020-12
Attachment F
— Coastal Commission Approval Letter and Suggested Modifications
Attachment G
— Coastal Zone Map
Attachment H
— Underline/Str Bout Version of Amendments
18-5
Attachment A
Resolution No. 2022-4
Amending CLUP
ff
:.
RESOLUTION NO. 2022- 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING
LOCAL COASTAL PROGRAM AMENDMENT NO.
LC2019-004 AND AMENDING POLICY 2.9.3-8 OF THE
NEWPORT BEACH COASTAL LAND USE PLAN
RELATED TO COTTAGE PRESERVATION (PA2019-181)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to the 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 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 adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Local Coastal Program"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's LCP
on January 13, 2017, and the City assumed coastal development permit -issuing authority
on January 30, 2017;
WHEREAS, amendments to the LCP and Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code ("NBMC") are necessary to
incentivize the preservation of cottages ("LCP Amendment No. LC2019-004");
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515, (Public Participation), drafts of the LCP Amendment No. LC2019-004 were
made available and a Notice of Availability was distributed on October 4, 2019, at least six
weeks prior to the final action date;
WHEREAS, a public hearing was held by the Planning Commission on October 17,
2019, 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"), Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and 14 CCR
Section 13515. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing;
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Resolution No. 2022 -
Page 2 of 4
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted to continue the item to allow staff additional time to revise certain aspects of LCP
Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the Planning Commission on November
21, 2019, 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, Chapters 20.62 and 21.62 (Public Hearings) of
the NBMC, and 14 CCR Section 13515. Evidence, both written and oral, was presented
to, and considered by, the Planning Commission at this public hearing;
WHEREAS, on November 21, 2019, the Planning Commission adopted
Resolution Nos. PC2019-033 and PC2019-034 by a majority vote (5 ayes, 1 nay, 1
absent), recommending to the City Council approval of Zoning Code Amendment No.
CA2019-006 and Local Coastal Program Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the City Council on January 28, 2020, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, Chapter 21.62 (Public Hearings) of the NBMC, and 14 CCR Section
13515. Evidence, both written and oral, was presented to, and considered by, the City
Council at this public hearing;
WHEREAS, on January 28, 2020, the City Council introduced Ordinance No.
2020-4 revising Title 20 (Planning and Zoning) related to the preservation of cottages
("Zoning Code Amendment No. CA2019-006") and adopted Resolution No. 2020-12
authorizing submittal of LCP Amendment No. LC2019-004 to the Coastal Commission by
a unanimous vote (7 ayes, 0 nays);
WHEREAS, at its November 19, 2021 hearing, the Coastal Commission approved
and certified LCP Amendment No. LC2019-004 with modifications (LCP-S- NPB-20-0025-
1 Part A) as being consistent with the California Coastal Act; and
WHEREAS, a public hearing was held by the City Council on January 11, 2022, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
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Resolution No. 2022 -
Page 3 of 4
NOW THEREFORE, the City Council of the City of Newport Beach resolves as
follows..
Section 1: The City Council hereby accepts the suggested modifications
approved by the Coastal Commission.
Section 2: Policy 2.9.3-8 of Chapter 2.0 (Land Use and Development) of the Local
Coastal Program Coastal Land Use Plan shall be amended as follows, with all other
provisions of the Local Coastal Program Coastal Land Use Plan remaining unchanged -
2.9.3 -8 Continue to require properties with nonconforming parking to provide code -
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor
area, but not greater than 750 square feet, of a residential development of three (3)
units or less may be allowed without requiring the code -required parking when the
project would result in the preservation of the cottage character of the existing
development and a building envelope representative of traditional development
patterns in the City. The LCP policies pertaining to hazards, setbacks, public access,
habitat protection, and visual resource protection shall apply to such properties with
additions.
Section 3: The LCP, including LCP Amendment No. LC2019-004, shall be
carried out in full conformance with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 5: This resolution shall not become until the Executive Director of the
Coastal Commission certifies that this resolution complies with the Coastal Commission's
November 19, 2021, action on LCP Amendment Request No. LCP-5-NPB-20-0025-1 Part
A (Cottage Preservation).
Section 6: 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 ordinance. 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. 2022 -
Page 4 of 4
Section 7: The City Council finds this action 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").
This action is also exempt under CEQA Guidelines Section 15061(b)(3), which states 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. LCP Amendment No. LC2019-004 itself does not authorize
development that would directly result in physical change to the environment.
ADOPTED this 11th day of January, 2022.
Kevin Muldoon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Attachment B
Ordinance No. 2022-2
Amending Title 20
18-11
ORDINANCE NO. 2022-.2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING REVISIONS
TO ZONING CODE AMENDMENT NO. CA2019-006
AMENDING TITLE 20 (PLANNING AND ZONING) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED
TO COTTAGE PRESERVATION FOR CONSISTENCY WITH
THE CALIFORNIA COASTAL COMMISSION'S
MODIFICATIONS (PA2019-181)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to the 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, on January 28, 2020, the City Council introduced Ordinance No.
2020-4 revising Title 20 (Planning and Zoning) related to the preservation of cottages
("Zoning Code Amendment No. CA2019-006") and adopted Resolution No. 2020-12
authorizing submittal of LCP Amendment No. LC2019-004 to the California Coastal
Commission ("Coastal Commission") by a unanimous vote (7 ayes, 0 nays);
WHEREAS, on February 11, 2020, the City Council adopted Ordinance No. 2020-
4 revising Title 20 (Planning and Zoning) in order to implement Zoning Code Amendment
No. CA2019-006;
WHEREAS, at its November 19, 2021 hearing, the Coastal Commission approved
and certified LCP Amendment No. LC2019-004 with modifications (LCP-S- NPB-20-0025-
1 Part A) as being consistent with the California Coastal Act,
WHEREAS, revisions to Zoning Code Amendment No. CA2019-006 are necessary
for consistency with Coastal Commission modifications to LCP Amendment. No. LC2019-
004 (LCP-S- NPB-20-0025-1 Part A); and
WHEREAS, a public hearing was held by the City Council on January 11, 2022, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
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Ordinance No. 2022 -
Page 2 of 5
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Subsection A of Section 20.38.060 (Nonconforming Parking) of Title
20 (Planning and Zoning) of the NBMC is hereby amended to read as follows.-
20.38.060
ollows:
20.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to the off-street parking requirements of this Zoning Code, only the
following alterations may be allowed:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations,
as provided for in Section 20.38.040(A) through (F); and
b. Additions up to a maximum often (10) percent of the existing floor area
of the structure within a ten (10) year period as provided in Section
20.38.040(G).
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Zoning Code have changed the
dimensions of required parking spaces subsequent to the original construction of
the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of
this section;
b. Additions larger than those allowed under subsection (A)(1) of this
section may be allowed subject to the approval of a modification permit in
compliance with Section 20.52.050 (Modification Permits).
3. Exception for Cottage Preservation. For the purposes of eligibility as a
"cottage" for this section, the existing development prior to the addition shall
consist of either a residential single -unit dwelling, duplex, or triplex, with individual
unit sizes of 1,500 square feet or less, and does not exceed one story and sixteen
(16) feet in height on the front half of the lot, and does not exceed two stories and
twenty-four (24) feet in height on the rear half of the lot. Notwithstanding the
provisions of subsections (A)(1)(b) and (2)(b) of this section, additions of up to fifty
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Ordinance No. 2022 -
Page 3 of 5
(50) percent of the existing floor area of the structure, but no more than 750 square
feet, are permitted for a cottage that complies with the following criteria:
a. The floor area of any addition, together with the floor area of the
existing structure, shall not exceed the allowed maximum floor area for the
zoning district where the property is located;
b. The addition shall comply with all applicable development standards
and use regulations of this Zoning Code,
C. The square footage of residential parking area additions identified
below shall be excluded from the allowed expansion under subsection
(A)(3), but shall be included as gross floor area;
Required Parking
Maximum Excluded Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car garage
600 square feet
d. The height of the residential structure including the cottage addition
shall not exceed the following, regardless of roof pitch:
i. Front half of lot: single story with a maximum height of sixteen
(16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four
(24) feet.
e. The residential structure shall not include a third floor deck;
f. Outside the coastal zone, dwellings within the residential
development shall not be rented for periods of less than thirty (30) days.
Refer to Section 21.38.060(A)(4)(f) for short-term lodging allowances for
developments within the coastal zone; and
g. Deed Restriction and Recordation Required. Prior to the issuance of
a building permit for a cottage preservation project, the property owner shall
record a deed restriction with the Orange County Recorder's Office, the
form and content of which is satisfactory to the City Attorney, agreeing to
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Ordinance No. 2022 -
Page 4 of 5
maintain the property consistent with the limitations specified above for
cottage preservation and the restrictions on short-term lodging. The deed
restriction document shall notify future owners of the restriction. This deed
restriction shall remain in effect so long as the cottage preservation project
exists on the property.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Section 3: 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 4: The City Council finds this action is exempt from environmental
review under 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"). This action is also exempt pursuant to CEQA Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment. 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.
Section 5: 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 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall become effective
thirty (30) calendar days after is adoption.
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Ordinance No. 2022 -
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of January, 2022, and adopted on the 25th day
of January, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AAROWf HARP, C TY ATTORNEY
18-16
Attachment C
Ordinance No. 2022-3
Amending Title 21
18-17
ORDINANCE NO. 2022- 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ACCEPTING THE
CALIFORNIA COASTAL COMMISSION'S SUGGESTED
MODIFICATIONS AND ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-004 TO AMEND
TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO COTTAGE
PRESERVATION (PA2019-181)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City")
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 adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Local Coastal Program"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
LCP on January 13, 2017, which the City added as 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;
WHEREAS, an amendment to Title 21 is necessary to incentivize the
preservation of cottages ("LCP Amendment No. LC2019-004");
WHEREAS, pursuant to Title 14 of the California Code of Regulations ("CCR")
Section 13515 ("Public Participation"), drafts of LCP Amendments No. LC2019-004 were
made available and a Notice of Availability was distributed on October 4, 2019, at least six
weeks prior to the final action date;
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WHEREAS, a public hearing was held by the Planning Commission on October
17, 2019, 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"), Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and 14 CCR
Section 13515. Evidence, both written and oral, was presented to, and considered by,
the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted to continue the item to allow staff additional time to revise certain aspects of LCP
Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the Planning Commission on November
21, 2019, 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, Chapters 20.62 and 21.62 (Public Hearings)
of the NBMC, and 14 CCR Section 13515. Evidence, both written and oral, was
presented to, and considered by, the Planning Commission at this public hearing,-
WHEREAS,
earing;
WHEREAS, on November 21, 2019, the Planning Commission adopted
Resolution Nos. PC2019-033 and PC2019-034 by a majority vote (5 ayes, 1 nay, 1
absent), recommending to the City Council approval of Zoning Code Amendment No.
CA2019-006 and Local Coastal Program Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the City Council on January 28, 2020, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and 14
CCR Section 13515. Evidence, both written and oral, was presented to, and considered
by, the City Council at this public hearing,-
WHEREAS,
earing;
WHEREAS, on January 28, 2020, the City Council introduced Ordinance No.
2020-4 revising Title 20 (Planning and Zoning) related to the preservation of cottages
("Zoning Code Amendment No. CA2019-006") and adopted Resolution No. 2020-12
authorizing submittal of LCP Amendment No. LC2019-004 to the Coastal Commission
by a unanimous vote (7 ayes, 0 nays);
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WHEREAS, at its November 19, 2021 hearing, the Coastal Commission
approved and certified LCP Amendment No. LC2019-004 with modifications (LCP-5-
NPB-20-0025-1 Part A) as being consistent with the California Coastal Act; and
WHEREAS, a public hearing was held by the City Council on January 11, 2022, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act, and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby accepts the suggested modifications
approved by the Coastal Commission.
Section 2: Section 21.38.060 (Nonconforming Parking) of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code is hereby
amended to read as follows:
21.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to the off-street parking requirements of this Implementation Plan, the
following provisions shall apply -
1 .
pply:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations, as
provided for in Section 21.38.040(A) through (F);
b. Additions up to a maximum of ten (10) percent of the existing floor area of
the structure as provided in Section 21.38.040(G);
c. Any repair, maintenance, or additions shall not result in loss of existing
parking spaces; and
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Ordinance No. 2022 -
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d. Required parking shall be provided where feasible.
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Implementation Plan have changed the
dimensions of required parking spaces subsequent to the original construction of the
structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of this
section;
b. Additions larger than those allowed under subsection (A)(1) of this section
may be allowed subject to the approval of a coastal development permit.
3. Alley Access. Where applicable, residential development involving repairs,
alterations, and additions to residential development having less than the required
number of parking spaces per dwelling unit shall provide alley access to parking area if
it would result in additional public street parking.
4. Exception for Cottage Preservation. For the purposes of eligibility as a "cottage" for
this section, the existing development prior to the addition shall consist of either a
residential single -unit dwelling, duplex, or triplex, with individual unit sizes of 1,500
square feet or less, and does not exceed one story and sixteen (16) feet in height on the
front half of the lot, and does not exceed two stories and twenty-four (24) feet in height
on the rear half of the lot. Notwithstanding the provisions of subsections (A)(1)(b) and
(A)(2)(b) of this section, additions of up to fifty (50) percent of the existing floor area of
the structure, but no greater than 750 square feet, are permitted for a cottage that
complies with the following criteria:
a. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the coastal zoning
district where the property is located;
b. The addition shall comply with all applicable development standards and use
regulations of this Implementation Plan, including the coastal resource protection
development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section
21.28.050 (Canyon (C) Overlay District), Section 21.30.015(D) (Waterfront
Development), Section 21.30.015(E)(2) (Development in Shoreline Hazardous
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Ordinance No. 2022 -
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Areas), Section 21.30A (Public Access and Recreation), Section 21.30B (Habitat
Protection), and Section 21.30.100 (Scenic and Visual Quality Protection);
c. The square footage of residential parking area additions identified below
shall be excluded from the allowed expansion under subsection (A)(4), but shall
be included as gross floor area;
Required
Parking
Maximum Excluded
Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car
garage
600 square feet
d. The height of the residential structure including the cottage addition shall not
exceed the following, regardless of roof pitch:
Front half of lot: single story with a maximum height of sixteen (16)
feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four (24)
feet.
e. The residential structure shall not include a third floor deck;
f. In addition to limitations of Section 21.48.115 (Short Term Lodging), any
cottage preservation project used for short-term lodging shall be restricted to a
maximum of six (6) occupants;
g. Deed Restriction and Recordation Required. Prior to the issuance of a
building permit for a cottage preservation project, the property owner shall record
a deed restriction with the Orange County Recorder's Office, the form and
content of which is satisfactory to the City Attorney, agreeing to maintain the
property consistent with the limitations specified above for cottage preservation
and the restrictions on short-term lodging. The deed restriction shall notify future
owners of the restriction. The deed restriction shall remain in effect so long as
the cottage preservation project exists on the property; and
h. The addition complies with the limitations of Section 21.38.040(6)(1).
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Section 3: The LCP, including LCP Amendment No. LC2019-004, will be
carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Section 5: The City Council hereby authorizes City staff to submit this
ordinance for a determination by the Executive Director of the Coastal Commission that
this action is legally adequate to satisfy the specific requirements of the Coastal
Commission's November 19, 2021, action on LCP Amendment Request No. LCP-5-
NPB-20-0025-1 Part A (Cottage Preservation).
Section 6: This ordinance shall not become effective until the Executive
Director of the Coastal Commission certifies that this ordinance complies with the
Coastal Commission's November 19, 2021, action on LCP Amendment Request No.
LCP-S- NPB-20-0025-1 Part A (Cottage Preservation).
Section 7: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 8: The City Council finds this action 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"). This action is also exempt under CEQA Guidelines Section 15061(b)(3),
which states 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. LCP Amendment No.
LC2019-004 itself does not authorize development that would directly result in physical
change to the environment.
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Ordinance No. 2022 -
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Section 9: 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 10: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of January, 2022, and adopted on the 25th day
of January, 2022, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON �%, AARP, CIRY ATTORNEY
18-24
Attachment D
January 28, 2020 Staff Report
18-25
CITY OF
o NEWPORT BEACH
<,FORNP City Council Staff Report
January 28, 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, AICP, Principal Planner,
jmurillo@newportbeachca.gov
PHONE: 949-644-3209
TITLE: Ordinance No. 2020-4: Introduction of a Cottage Preservation
Ordinance (PA2019-181)
ABSTRACT:
The proposed amendments to the Local Coastal Program (Coastal Land Use Plan and
Implementation Plan), Newport Beach Municipal Code (NBMC) Title 20 (Planning and
Zoning), and Title 15 (Building and Construction) will provide a voluntary option for
homeowners seeking to remodel, but preserve traditional beach cottages. Typically,
cottages do not provide all the code -required parking and additions are limited to 10 percent
of the existing floor area. The amendments would allow larger additions (up to 50 percent
of the existing floor area or a maximum of 500 square feet) without providing the minimum
code -required parking when the project would result in the preservation of the cottage
character and building envelope that is representative of traditional development patterns
in the City.
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 reading, read by title only, introduce Ordinance No. 2020-4, An Ordinance of
the City Council of the City of Newport Beach, California, Adopting Code Amendment
No. CA2019-006 to Amend Title 15 Entitled "Building and Construction" and Title 20
Entitled "Planning and Zoning" of the City of Newport Beach Code Related to Cottage
Preservation (PA2019-181), and pass to second reading on February 11, 2020; and
d) Adopt Resolution No. 2020-12, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing Submittal of Local Coastal Program Amendment
No. LC2019-004 to the California Coastal Commission to Amend Title 21 Entitled
"Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal
Code and the City of Newport Beach Local Coastal Program Coastal Land Use Plan
Related to Cottage Preservation (PA2019-181).
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Page 2
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
INTRODUCTION
Study Session
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. At the conclusion of the
study session, the City Council directed staff to return with a resolution to initiate code
amendments to address these concerns, including incentivizing the preservation of
cottages. Study session minutes are included as Attachment C.
1937 Cottage
LP��.
r!� � I I
Initiation of Code Amendment
City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -
sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by
the City Council. Additionally, NBMC Section 20.66.020 allows amendments to the Zoning
Code to be initiated by the City Council. The subject amendment was initiated by the City
Council on May 14, 2019 (Attachment D), as one of two proposed amendments under
City Council Resolution No. 2019-43 (PA2019-070).
Community Meeting and Outreach
On August 19, 2019, the Community Development Department staff hosted a community
meeting to share proposed changes to residential design standards. Notice of the
meeting was distributed to affected homeowners' associations, distributed as a
Newsplash to interested members of community who have requested notice of important
planning and land use activities in the City, and distributed to a list of known designers
and architects that work in Newport Beach. The meeting was well attended by 64
members of the public, including design professionals.
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Included in the discussion were proposed changes to incentivize the preservation of small
cottages by allowing increased additions and alterations that provide an option to
complete redevelopment of property. The proposed changes related to cottage
preservation were supported by meeting attendees. General comments in support
included:
• Design professionals explained that it is more difficult to remodel and preserve a
cottage than to demolish and reconstruct a new home due to the current restrictive
code requirements that are in place. The proposed changes would create a
feasible option for preservation by removing these code -related constraints;
• Attendees appreciated the fact that the changes were incentive -based instead of
a firm restriction on property owner's rights; and
• The incentive allows a reasonably sized addition for nonconforming structures that
do not provide adequate parking, which is appropriate if it discourages property
owners from tearing down older cottage structures.
On September 10, 2019, a study session was held with the City Council to share the
results of the August 2019 community meeting and proposed code amendments. At the
conclusion of the study session, the City Council directed staff to proceed with the cottage
preservation amendments as proposed.
Lastly, on November 23, 2019, staff presented the proposed amendments to the Balboa
Island Improvement Association with minimal comments received from the community.
Planning Commission Review
On October 17, 2019, staff presented the proposed amendments to the Planning
Commission for review and recommendation. At the conclusion of the meeting, the
Commission voted to continue the item to allow staff additional time to revise certain
aspects of the amendments. Minutes from the October 17, 2019, meeting are included as
Attachment E.
On November 21, 2019, staff presented revisions of the proposed amendments to the
Planning Commission addressing concerns raised at the prior hearing, including clarifying
the applicability of the program, and prohibiting short-term rentals. At the conclusion of
the meeting, the Commission voted 5-1 to recommend approval of the amendments to
the City Council (Attachments F and G - Planning Commission Resolutions).
The Planning Commission did request the City Council consider increasing the maximum
addition allowed under the program from 500 square feet to 750 square feet. Also, for
the City Council to consider a requirement for the payment of an in -lieu parking fee. An
analysis of these recommendations is provided later in this report. Minutes from the
November 21, 2019, meeting are included as Attachment H.
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DISCUSSION
What constitutes a cottage for the purpose of this ordinance?
There is no definition that accurately describes what constitutes a cottage. However, as
used by the community, the term cottage refers to the smaller residential dwellings or
structures that are representative of the traditional development patterns in the City,
particularly in old Corona del Mar, Balboa Island, and the Balboa Peninsula. These
structures are typically one-story, with the exception of a small second story above
parking in the rear of a lot. Many cottages vary in architectural style and year of
construction. Therefore, for the purpose of this amendment, the cottage preservation
incentive will be granted for those projects that agree to maintain a building envelope
representative of traditional cottages.
The building envelope for cottage preservation eligibility would be limited as follows:
• Front half of lot limited to one story and a maximum height of 16 feet;
• Rear half of lot limited to two stories and a maximum height of 24 feet; and
• Third floors or third floor decks would be prohibited.
Figure 1. Qualifying Building Envelope for Cottage Preservation
1f
Rear half of lot
Side View
Why are we losing cottages?
24' max
The primary reason for the loss of cottages is many of these properties were historically
used as beach homes or second homes, but are now predominantly used as principal
residences. As such, property owners are seeking to maximize the size of their homes to
increase the livability and include modern features. Additionally, as property values in the
City have significantly increased, property owners are now seeking to construct the
maximum allowable floor area and height to ensure they are receiving the highest and
best return on their investment.
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However, there are property owners who would like to preserve their older cottages, but
have run into complications when seeking to remodel to add an extra bedroom or
bathroom. Two existing code restrictions lead property owners to demolish the old cottage
in favor of developing a new, larger home.
1. Nonconformina Parkina Limitations (Title 20 and 21
As the minimum parking requirements have increased over time, due to changes
in zoning requirements, most cottages are nonconforming because they no longer
provide the minimum number of parking spaces on-site (e.g., minimum parking
requirements for a single-family dwelling increased from zero spaces, to one
space, to two spaces per unit). In other cases, the cottages comply with required
number of spaces, but no longer comply with current parking size dimensions.
NBMC Sections 20.38.060 (Nonconforming Parking) of the Zoning Code (Title 20)
and 21.38.060 (Nonconforming Parking) of the Local Coastal Program
Implementation Plan (Title 21) both limit the allowable area of additions for
residential dwellings that are nonconforming due to parking to a maximum of 10
percent of the existing floor area of the structure. This 10 percent limitation is
typically not sufficient to accommodate the addition of a new master bedroom or
justify the cost of a remodel.
Modifying a small cottage to create a two -car garage cannot be done without
significantly altering the cottage thus defeating the owner's hope to preserve the
small home.
2. Building Code Limitations (Title 15)
Currently, Section 102.7 (Remodel or renovation) of Section 15.02.060 of the
NBMC requires a dwelling to be subject to building code regulations as a new
structure when the valuation of the permit for a remodel or renovation exceeds 50
percent of the market value of the dwelling. As a result of this 50 percent valuation
threshold, many small remodeling and addition projects require substantial
improvements beyond the original scope of work in order to comply with building
code regulations as if the house is a new construction. Due to this increased scope
of work and costs, many property owners decide that it is not financially feasible to
maintain their existing residential cottages and instead decide to demolish and
rebuild.
What are the proposed changes/incentives?
In order to loosen constraints discussed above, the following amendments are proposed
in exchange for a property owner's commitment to maintain the required cottage building
envelope as previously described. An underline/sty t version of the proposed
amendments are included as Attachment I for reference.
1. Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) Changes:
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a. Increase addition limits from ten (10) to fifty (50) percent, with a maximum cap
of 500 square feet - Cottages are typically smaller structures that are built
significantly below the allowable floor area limitations of a site. Therefore, staff
is recommending to increase the allowable area of additions for residential
dwellings that are nonconforming due to parking to a maximum of fifty (50)
percent of the existing floor area of the structure. This new standard would
allow for a reasonably sized addition as a realistic alternative to demolishing
and redeveloping their properties. However, in certain situations this may allow
for a large addition beyond the original intent. Therefore, a maximum cap of
500 square feet would be allowed.
b. Require recordation of a revocable deed restriction - It is important to
emphasize that this is a voluntary program that affords property owners
increased opportunity to remodel and expand their cottage properties in
exchange for preserving the cottage building envelope and overall form of the
development of the property (i.e., one-story and 16 feet high within front half of
lot and two-story, 24 feet high within rear half of lot). To ensure this building
envelope is retained and the property owner does not subsequently add
additional floor area that violates the prescribed building envelope, a deed
restriction would be required. However, the deed restriction would not require
that the cottage be preserved indefinitely. Should a property owner desire to
redevelop the property in future, the deed restriction would allow
redevelopment of the property in compliance with development standards in
affect at the time, including providing code -required parking.
Fioure 2. Proposed Increased Allowance for Cottage Preservation
Current Limitation
Proposed Allowance
Rear half of lot
2nd Floor
24' max
16' max
1 111 Floor (Existing Area)Side
View
Side View
2. Title 15 Chanae - Remove new construction code reauirements for eliaible cottaae
preservation protects - In the event that the construction valuation exceeds fifty
(50) percent of the value of the structure, only the components of the structure that
are affected by the renovation/addition will have to comply with new building code
requirements. For example, in the case of a new bedroom addition over the
garage, the addition and portions of the existing garage that are affected by the
addition will have to comply with current building code requirements. However, the
existing one-story component of the house that would remain would no longer have
to be fully retrofitted to comply with building code standards as a new home
constructed today.
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It should be noted, if a property is located within a special flood hazard area as
mapped by the Federal Emergency Management Agency (FEMA), a separate
valuation threshold will continue to apply as required by FEMA. The FEMA
threshold is more restrictive and may trigger a need to substantially improve the
existing structure to avoid the identified flood hazard. Improvements would typically
include raising the finish floor of the structure, which typically leads property
owners to demolish the structure and construct a new home.
Figure 3. Example Cottage Preservation Project
Typical Cottage
w
LEr.e
Example Cottage Preservation Project
f
What types of residential development would this apply to?
The intent of these code amendments is to incentivize the preservation of cottages that
are representative of the historic areas of the City, such as in Corona del Mar, Balboa
Island, and the Balboa Peninsula. A majority of the lots in these areas allow two -unit
development and include two -unit cottages. In Corona del Mar, the 300 block of
Marguerite Avenue is zoned for multi -unit residential and several of the lots are currently
developed with three -unit cottages (See Figure 4 below).
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Restricting applicability of these amendments to single -unit dwellings only would have the
effect of excluding a majority of the cottages in Corona del Mar and Balboa Island from
taking advantage of this new incentive.
Figure 4. Three -unit Cottage Example on Marguerite Avenue
X
It is not uncommon for a property owner to live in the front unit of a duplex and rent out
the smaller, rear unit for income. Allowing a property owner of a duplex to remodel and
expand their front unit would provide a realistic alternative to redeveloping the entire
property. Therefore, the proposed amendments would apply the cottage preservation
incentives to residential developments consisting of three (3) units or less. By restricting
the applicability to single -unit dwellings only, staff believes the ordinance would be
ineffective and not achieve the desired goal and intent.
Why is Short -Term Lodging prohibited?
Several cottages are currently utilized for short-term lodging. However, the intent of the
amendments is to provide an alternative to a homeowner seeking to preserve their
cottage while allowing for a reasonable size addition to accommodate kitchen or bedroom
expansions and enhance the livability of their homes. Concerns were raised during the
Planning Commission discussion that the incentives could be used to further expand
cottages used for short-term rentals, increasing occupancy and exacerbating existing
potential conflicts these units create, including increased demand for on -street parking
and removal of rental units from the housing stock. Therefore, the proposed amendments
include a prohibition of the use of the property for short-term rentals. This prohibition will
be included in the required deed restriction and any existing short-term lodging permit
would be revoked.
Why is Coastal Commission review required?
Properties located in the Coastal Zone (Attachment J) 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 California Coastal Commission (CCC). The CCC is the final decision-
making authority on amendments to the certified LCP.
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In addition to the proposed changes to Title 21 as described above, staff is recommending
that Coastal Land Use Plan Policy 2.9.3-8 be amended to include a policy to support the
proposed Title 21 cottage preservation amendment described above. A change to the
policy is important to avoid a determination that the proposed Title 21 code amendment
may be inconsistent with the current language of Policy 2.9.3-8. Additionally, regulations
in Title 21 require policies in the Coastal Land Use Plan.
2.9.3-8 Continue to require properties with nonconforming parking to provide code -
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor
area, but not greater than 500 square feet, of a residential development of three (3)
units or less may be allowed without requiring the code -required parking when the
project would result in the preservation of the cottage character of the existing
development and a building envelope representative of traditional cottage
development patterns in the City.
Should the City Council approve the proposed ordinance adopting the amendments to
Title 15 and 20, the cottage preservation incentives would temporarily only be permissible
for developments located outside the Coastal Zone. Upon approval of the proposed LCP
amendments by the CCC, staff will return to the City Council with an ordinance adopting
the LCP Amendments, thereby allowing the cottage preservation incentives citywide.
Analysis of Planning Commission Recommendation- Increasing Maximum Cap to 750
Square Feet
At the November 21, 2019, Planning Commission meeting, several Balboa Island
residents spoke in support of the proposed amendments but requested that the maximum
cap on allowable additions be increased from 500 square feet to 750 square feet. The
Planning Commission did not make the change to the resolution of approval; however,
they requested that staff present the idea to the City Council for further consideration.
After further research and consideration, staff believes retaining a maximum cap of 500
square feet is appropriate and more in line with the original intent of creating these
incentives for the following reasons:
• 500 square feet allows for significantly larger additions than what has been
permitted in past utilizing the 10 percent addition allowance.
• A typical ancillary bedroom measures approximately 150 to 250 square feet in
area. Master bedrooms vary in size, but can generously be accommodated within
the 500 square -foot cap.
• For perspective, 750 square feet is the size of a typical one -bedroom apartment
unit and could potentially allow the addition of up to three smaller bedrooms to a
cottage that may be deficient to parking.
18-34
16-9
Ordinance No. 2020-4: Introduction of a Cottage Preservation Ordinance (PA2019-181)
January 28, 2020
Page 10
Analysis of Planning Commission Recommendation - Consider Requiring An In -lieu
Parking Fee
The Planning Commission also requested that staff present the idea of requiring the
payment of an in -lieu parking fee in exchange for use of these incentives when a cottage
was nonconforming due to the number of spaces provided. After further consideration,
staff believes it would not be appropriate to include an in -lieu fee payment at this time for
the following reasons:
• The intent of the amendments is to provide an alternative to redeveloping cottage
properties by providing a voluntary option or incentive for preservation. The more
restrictions that are imposed for project eligibility reduces the attractiveness of this
program and may drive a property owner to redevelop their property (elimination
of the cottage). For example, the proposed Building Code exemption that requires
the entire structure be brought up to Code was intended to reduce the scope and
costs of cottage preservation project. The payment of an in -lieu parking fee would
serve as a disincentive to use the proposed cottage preservation incentives.
• The City does not currently have an in -lieu parking fee program in effect.
Therefore, to implement and develop an in -lieu parking fee, a comprehensive fee
study would need to be completed in accordance to state law requirements
(Mitigation Fee Act). This would result in a significant delay in the approval of these
amendments.
Although the hope is that several property owners take advantage of these
incentives, it is not expected that there would be a sufficient number of projects for
an in -lieu fee program based on cottage preservation projects to have an impact.
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 any development
and therefore would not directly result in physical change to the environment.
NOTICING:
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
October 4, 2019, to all persons and agencies on the Notice of Availability mailing list and
posted online. Revisions to the draft LCP Amendment have also been posted online.
18-35
16-10
Ordinance No. 2020-4: Introduction of a Cottage Preservation Ordinance (PA2019-181)
January 28, 2020
Page 11
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 amendment was emailed to interested parties that attended the
community meeting or that have expressed interest in this item.
ATTACHMENTS:
Attachment A — Ordinance No. 2020-4
Attachment B — Resolution No. 2020-12
Attachment C
— April 23, 2019 City Council Study Session Minutes
Attachment D
— Initiation of amendments; City Council Resolution No. 2019-43
Attachment E
— October 17, 2019 Planning Commission Minutes
Attachment F
— Planning Commission Resolution No. PC2019-033
Attachment G
— Planning Commission Resolution No. PC2019-034
Attachment H
— November 21, 2019 Planning Commission Minutes
Attachment I
— Underline/sty Version of Amendments
Attachment J
— Coastal Zone Map
18-36
16-11
Attachment E
Resolution No. 2020-12
18-37
RESOLUTION NO. 2020-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2019-004 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 ENTITLED
"LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN"
OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE
AND THE CITY OF NEWPORT BEACH LOCAL COASTAL
PROGRAM COASTAL LAND USE PLAN RELATED TO
COTTAGE PRESERVATION (PA2019-181)
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a local coastal program ("LCP") for that portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City 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 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, amendment to Title 21 and the Local Coastal Program is necessary
to incentivize the preservation of cottages ("LCP Amendments");
WHEREAS, authorizing the amendment to Title 21 of the NBMC and the City's
Local Coastal Program incentivizes the preservation of cottages by increasing the
percentage of an allowed addition to a nonconforming residential structure, thereby
eliminating a design constraint that has resulted in property owners choosing to demolish
older cottages and redevelop properties with new, larger, three-level homes that
maximize the allowable building envelope;
Resolution No. 2020-12
Page 2 of 4
WHEREAS, a public hearing was held by the Planning Commission on October 17,
2019, 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. the ("Ralph M.
Brown Act"), and Chapter 21.62 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 October 17, 2019, hearing, the Planning
Commission voted to continue the item to allow staff additional time to revise certain
aspects of the amendments. Requested changes included clarifying the applicability,
prohibiting short-term rentals, and reducing the amount of expansion permitted;
WHEREAS, a public hearing was held by the Planning Commission on November
21, 2019, 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 of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
public hearing;
WHEREAS, on November 21, 2019, the Planning Commission adopted
Resolution No. PC2019-034 by a majority vote (5 ayes, 1 nay), recommending to the City
Council approval of Local Coastal Program Amendment No. LC2019-004;
WHEREAS, a public hearing was held by the City Council on January 28, 2020, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act and Chapter 21.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the City Council at this public hearing; and
WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title
14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of the LCP
Amendments were made available and a Notice of Availability was distributed on October
4, 2019, at least six (6) weeks prior to the City Council public hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
18-39
Resolution No. 2020-12
Page 3 of 4
Section 1: The City Council does hereby authorize City staff to submit LCP
Amendment No. LC2019-004 to the California Coast Commission for review and
approval, amending Section 21.38.060 (Nonconforming Parking) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code and amending the
City of Newport Beach Local Coastal Program Coastal Land Use Plan as set forth in Exhibit
A, which is attached hereto and incorporated herein by reference.
Section 2: LCP Amendment No. LC2019-004 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 of the City of Newport Beach.
Section 3: The Local Coastal Program including the proposed LCP Amendment
No. LC2019-004 will be carried out in full conformity with the California Coastal Act,
codified in Public Resources Code Section 30000 et seq.
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: This action 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"). This action is
also exempt under CEQA Guidelines Section 15061(b)(3), which states 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. LCP Amendment No. LC2019-004 itself does not authorize
development that would directly result in physical change to the environment.
18-40
Resolution No. 2020-12
Page 4 of 4
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 January, 2020.
ATTEST:
(8) Leilani I. BrownCity Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron. Harp
City At orney
e
'%�EORN%t
Will O'Neil
Mayor
Attachment: Exhibit A - Proposed Amendment to the City of Newport Beach Local
Coastal Program Related to Cottage Preservation (LC2019-004)
18-41
EXHIBIT "A"
Proposed Amendment to the City of Newport Beach Local Coastal Program
Coastal Land Use Plan ("Local Coastal Program")
Related to Cottage Preservation (LC2019-004)
Section 1: Amend Policy 2.9.3-8 of Chapter 2.0 (Land Use and Development) of the
Local Coastal Program as follows, with all other provisions of the Local Coastal Program
remaining unchanged:
2.9.3-8 Continue to require properties with nonconforming parking to provide code -
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor
area, but not greater than 750 square feet, of a residential development of three (3)
units or less may be allowed without requiring the code -required parking when the
project would result in the preservation of the cottage character of the existing
development and a building envelope representative of traditional cottage
development patterns in the City.
Section 2: Amend Section 21.38.060 (Nonconforming Parking) of Title 21 (Local
Coastal Program Implementation Plan) of the Newport Beach Municipal Code to read as
follows:
21.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to the off-street parking requirements of this Implementation Plan, the
following provisions shall apply:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 21.38.040(A) through (F);
b. Additions up to a maximum of ten (10) percent of the existing floor
area of the structure as provided in Section 21.38.040(G);
C. Any repair, maintenance, or additions shall not result in loss of
existing parking spaces; and
d. Required parking shall be provided where feasible.
1 18-42
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or enclosed
parking spaces or because amendments to this Implementation Plan have
changed the dimensions of required parking spaces subsequent to the original
construction of the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1)
of this section; or
b. Additions larger than those allowed under subsection (A)(1) of this
section may be allowed subject to the approval of a coastal development
permit.
3. Alley Access. Where applicable, residential development involving repairs,
alterations, and additions to residential development having less than the required
number of parking spaces per dwelling unit shall provide alley access to parking
area if it would result in additional public street parking.
4. Exception for Cottage Preservation. Notwithstanding the provisions of
subsections (A)(1)(b) and (A)(2)(b) of this section, additions of up to fifty (50)
percent of the existing floor area of the structure, but no greater than 750 square
feet, are permitted for a single residential dwelling, duplex, or triplex when they
comply with the following criteria:
a. The floor area of any addition, together with the floor area of the
existing structure, shall not exceed the allowed maximum floor area for the
coastal zoning district where the property is located;
b. The addition shall comply with all applicable development standards
and use regulations of this Implementation Plan;
C. The square footage of residential parking area additions identified
below shall be excluded from the allowed expansion under subsection
(A)(4), but shall be included as gross floor area;
Required Parking
Maximum Excluded Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car garage
600 square feet
2 18-43
d. The height of the residential structure shall not exceed the following,
regardless of roof pitch:
i. Front half of lot: single story with a maximum height of
sixteen (16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-
four (24) feet;
e. The residential structure shall not include a third floor deck;
f. Dwellings within the residential development shall not be rented for
periods of less than thirty (30) days;
g. Deed Restriction and Recordation Required. Prior to the issuance of
a building permit for a cottage preservation project, the property owner shall
record a deed restriction with the Orange County Recorder's Office, the
form and content of which is satisfactory to the City Attorney, agreeing to
maintain the property consistent with the limitations specified above for
cottage preservation and the restrictions on short-term lodging. The deed
restriction document shall notify future owners of the restriction. This deed
restriction shall remain in effect so long as the cottage preservation project
exists on the property; and
h. The addition complies with the limitations of Section
21.38.040(6)(1).
3 18-44
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. 2020-12, 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 January, 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 291h day of January, 2020.
Leilani I. Brown
City Clerk
Newport Beach, California
18-45
Attachment F
Coastal Commission
Approval Letter and
Suggested Modifcations
18-46
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
SOUTH COAST DISTRICT OFFICE
301 E. OCEAN BLVD, SUITE 300
LONG BEACH, CA 90802-4325
VOICE (562) 590-5071
FAX (562) 590-5084
City of Newport Beach
Planning Department
Jaime Murillo, Senior Planner
100 Civic Center Drive
Newport Beach, CA 92658
GAVIN NEWSOM, GOVERNOR
December 17, 2021
RE: City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-5-
NPB-20-0025-1, Part A (Cottage Preservation).
Dear Mr. Murillo,
You are hereby notified that the California Coastal Commission, at its November 19,2021
virtual meeting, approved the City of Newport Beach Local Coastal Program (LCP)
Amendment No. LCP-5-NPB-20-0025-1, Part A with suggested modifications. Amendment
No. LCP-5-NPB-20-0025-1, Part A, which was submitted pursuant to City Council
Resolution No. 2020-12, incorporates changes to the Land Use Plan (LUP) and
Implementation Plan (IP) portions of the LCP to allow additions of up to 50 percent of the
existing floor area (but in no case more than 750 sq. ft.) of a cottage without the
requirement to bring nonconforming parking into conformity with the current parking
standards.
The Commission approved the LCP Amendment with suggested modifications. Thus, the
Amendment will become final once: 1) The City of Newport Beach City Council adopts the
Commission's suggested modifications, 2) the City of Newport Beach City Council
forwards the adopted suggested modifications to the Commission by Resolution, and 3)
the Executive Director certifies that the City has complied with the Commission's
November 19, 2021 action. The Coastal Act requires that the City's adoption of the
suggested modifications be completed within six (6) months of the Commission's action.
Pursuant to the Commission's action on November 19, 2021, certification of the City of
Newport Beach LCP Amendment No. LCP-5-NPB-20-0025-1, Part A is subject to the
attached Suggested Modifications (Attachment A).
Thank you for your cooperation and we look forward to working with you and your staff in
the future. Please email Amrita Spencer or myself if you have any questions regarding the
modifications required for effective certification of City of Newport Beach LCP Amendment
No. LCP-5-NPB-20-0025-1, Part A.
Sincerely,
Amber Dobson
District Manager
18-47
Attachment A: Suggested Modifications to Amendment No. LCP-5-NPB-
20-0025-1, Part A
Certification of City of Newport Beach Local Coastal Program (LCP) Amendment No. LCP-
5-NPB-20-0025-1, Part A is subject to the following modifications.
Text added by the suggested modification is bold, italicized, and underlined, and text
suggested to be deleted is struck thr,,y . Only those subjections of the LCP for which
modifications are being suggested are shown below.
Coastal Land Use Plan — Amendment to Policy 2.9.3-8
2.9.3-8 Continue to require properties with nonconforming parking to provide code -
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor area,
but not greater than 750 square feet, of a residential development of three (3) units or less
may be allowed without requiring the code -required parking when the project would result
in the preservation of the cottage character of the existing development and a building
envelope representative of traditional development patterns in the City. However, the LCP
policies pertaining to hazards, setbacks, public access, habitat protection, and
visual resource arotection shall aaply.
Implementation Plan - Amendment to Section 21.38.60
21:38,060.Nonconformi.ng Parking..
A. Residential. Where a residential structure or use is nonconforming only because it
does not conform to theoff-street parking requirements of this Implementation Plan,
the following provisions shall apply:
4. Exception for Cottage Preservation. For the purposes of eligibility as a
cottage for this section, the existing development prior to the
addition shall consist of either a residential single -unit dwelling,
duplex, or triplex, with individual unit sizes of 1,500 square feet or
less, and does not exceed one story and sixteen (16) feet in height
on the front half of the lot, and does not exceed two stories and
twenty-four (24) feet in height on the rear half of the lot.
Notwithstanding the provisions of subsections (A)(1)(b) and (A)(2)(b) of
this section, additions of up to fifty (50) percent of the existing floor area
of the structure, but no greater than 750 square feet, are permitted for a
cottage that complies with the following criteria.
a. The floor area of any addition, together with the floor area of the
existing structure, shall not exceed the allowed maximum floor area
for the coastal zoning district where the property is located;
b. The addition shall comply with all applicable development standards
and use regulations of this Implementation Plan, including the
K
coastal resource protection development regulations of Section
21.28.040 (Bluff (B) Overlay District), Section 21.28.050 (Canyon
(C) Overlay District), Section 21.30.015(D) (Waterfront
Development), Section 21.30.015(E)(2) (Development in
Shoreline Hazardous Areas), Section 21.30(A) (Public Access
and Recreation), Section 21.30(B) (Habitat Protection), and
Section 21.30. 100 (Scenic and Visual Quality Protection). -
c. The square footage of residential parking area additions identified
below shall be excluded from the allowed expansion under
subsection (A)(4), but shall be included as gross floor area;
Required
Parking
Maximum Excluded
Area
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car garage
600 square feet
d. The height of the residential structure including the cottage
addition shall not exceed the following, regardless of roof pitch:
Front half of lot: single story with a maximum height of sixteen
(16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four
(24) feet;
e. The residential structure shall not include a third floor deck;
f.
perie ds of loco than thirty (30) day In addition to limitations of
Section 21.48.115 (Short Term Lodging), any cottage
preservation project used for short-term lodging shall be
restricted to a maximum of six (6) occupants.
g_ Deed Restriction and Recordation Required. Prior to the issuance of
a building permit for a cottage preservation project, the property
owner shall record a deed restriction with the Orange County
Recorder's Office, the form and content of which is satisfactory to
the City Attorney, agreeing to maintain the property consistent with
the limitations specified above for cottage preservation and the
restrictions on short-term lodging. The deed restriction document
shall notify future owners of the restriction. This deed restriction shall
remain in effect so long as the cottage preservation project exists on
the property; and
h. The addition complies with the limitations of Section
21.38.040(G)(1).
9
18-49
Attachment G
Coastal Zone Map
18-50
100
Legend
..........:
-----------------
-- Local Coastal Plan Boundary
---- City Boundary
Coastal Zone Area
Coastal Zone
City of Newport Beach, California
Coastal_Zone_Featured_Areas.mA November/2008
Newport Coast Se
_ mot A Part)
�MC
00.225 0.45 0.9 Miles
18-51
Attachment H
18-52
Cottage Preservation (PA2019-181) Underline/ Strikeout Revisions
Coastal Land Use Plan — Amendment to Policy 2.9.3-8
2.9.3-8 Continue to require properties with nonconforming parking to provide code -required off-street parking
when new uses, alterations, or additions result in increased parking demand. However, additions of up to
fifty (50) percent of the existing floor area, but not greater than 750 square feet, of a residential development
of three (3) units or less may be allowed without requiring the code -required parking when theprolect would
result in the preservation of the cottage character of the existing development and a building envelope
representative of traditional development patterns in the City. The LCP policies pertaining to hazards,
setbacks, public access, habitat protection, and visual resource protection shall apply to such properties with
additions.
LCP Implementation Plan (Title 21) — Amendment to Section 21.38.60
21.38,060.Nonconformi.ng. Parking:.
A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the
off-street parking requirements of this Implementation Plan, the following provisions shall apply:
1. Number of Spaces. A residential development having less than the required number of
parking spaces per dwelling unit shall be allowed the following repairs, alterations, and
additions:
a. Repair and maintenance, interior alterations, and structural alterations, as provided for
in Section 21.38.040(A) through (F);
b. Additions up to a maximum of ten (10) percent of the existing floor area of the
structure as provided in Section 21.38.040(G);
c. Any repair, maintenance, or additions shall not result in loss of existing parking
spaces; and
d. Required parking shall be provided where feasible.
2. Dimensions or Type of Parking Spaces. Residential developments that are nonconforming
because they do not have the required type of covered or enclosed parking spaces or because
amendments to this Implementation Plan have changed the dimensions of required parking
spaces subsequent to the original construction of the structure may be altered or expanded as
follows:
a. All improvements and expansions allowed under subsection (A)(1) of this section;
18-53
b. Additions larger than those allowed under subsection (A)(1) of this section maybe
allowed subject to the approval of a coastal development permit.
3. Alley Access. Where applicable, residential development involving repairs, alterations, and
additions to residential development having less than the required number of parking spaces
per dwelling unit shall provide alley access to parking area if it would result in additional public
street parking.
4. Exception for Cottage Preservation. For the purposes of eligibility as a "cottage" for this
section, the existing development prior to the addition shall consist of either a residential single -
unit dwelling, duplex, or triplex, with individual unit sizes of 1,500 square feet or less, and does
not exceed one story and sixteen (16) feet in heiaht on the front half of the lot. and does not
exceed two stories and twenty-four (24) feet in height on the rear half of the lot.
Notwithstanding the provisions of subsections (A)(1)(b)and (A)(2)(b) of this section, additions of
up to fifty (50) percent of the existing floor area of the structure, but no greater than 750 square
feet, are permitted for a cottage that complies with the following criteria.
a. The floor area of any addition, together with the floor area of the existing structure,
shall not exceed the allowed maximum floor area for the coastal zoning district where the
Property is located;
b. The addition shall comply with all applicable development standards and use
regulations of this Implementation Plan, including the coastal resource protection
development regulations of Section 21.28.040 (Bluff (B) Overlay District), Section
21.28.050 (Canyon (C) Overlay District), Section 21.30.015(D) (Waterfront
Development), Section 21.30.015(E)(2) (Development in Shoreline Hazardous
Areas). Section 21.30A (Public Access and Recreation). Section 21.30B
Protectionl. and Section 21.30.100 (Scenic and Visual Qualitv Protectionl:
c. The square footage of residential parking area additions identified below shall be
excluded from the allowed expansion under subsection (A)(4), but shall be included as
gross floor area;
Required Parking
Maximum Excluded Area
One -car garage
200 square feet
Two -car garage
400 square feet
18-54
Three -car garage 600 square feet
d. The height of the residential structure including the cottage addition shall not
exceed the followina. reaardless ofroof aitch:
i. Front half of lot: single story with a maximum height of sixteen (16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four (24) feet;
e. The residential structure shall not include a third floor deck:
f. In addition to limitations of Section 21.48.115 (Short Term Lodging), any cottage
preservation project used for short-term lodging shall be restricted to a maximum of six
(6) occupants:
g_ Deed Restriction and Recordation Required. Prior to the issuance of a building
permit for a cottage preservation project, the property owner shall record a deed
restriction with the Orange County Recorder's Office, the form and content of
which is satisfactory to the City Attorney, agreeing to maintain the property
consistent with the limitations specified above for cottage preservation and the
restrictions on short-term lodging. The deed restriction document shall notify
future owners of the restriction. This deed restriction shall remain in effect so
long as the cottage preservation project exists onthe property: and
h. The addition complies with the limitations of Section 21.38.040(G)(1).
Zoning Code (Title 20) — Amendment to Section 20.38.60
20.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it does not conform to
the off-street parking requirements of this Zoning Code, only the following alterations may be allowed:
1. Number of Spaces. A residential development having less than the required number of parking
spaces per dwelling unit shall be allowed the following repairs, alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations, as provided for in
Sections 20.38.040(A) through (F); and
b. Additions up to a maximum of ten (10) percent of the existing floor area of the structure within a
ten (10) year period as provided in Section 20.38.040(G).
2. Dimensions or Type of Parking Spaces. Residential developments that are nonconforming because
they do not have the required type of covered or enclosed parking spaces or because amendments to
this Zoning Code have changed the dimensions of required parking spaces subsequent to the original
construction of the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of this section; or
b. Additions larger than those allowed under subsection (A)(1) of this section may be allowed
subject to the approval of a modification permit in compliance with Section 20.52.050 (Modification
Permits).
3. Exception for Cottage Preservation. For the purposes of eligibility as a "cottage" for this section, the
existing development prior to the addition shall consist of either a residential single -unit dwelling, duplex,
or triplex, with individual unit sizes of 1,500 square feet or less, and does not exceed one story and
sixteen (16) feet in height on the front half of the lot, and does not exceed two stories and twenty-four 18-55
(24) feet in height on the rear half of the lot. Notwithstanding the provisions of subsections (A)(1)(b) and
(2)(b) of this section, additions of up to fifty (50) percent of the existing floor area of the structure, but no
more than seven hundred fifty (750) square feet, are permitted for a cottage that complies Si^ ;e unit
res'deRtial dwelliRg duple. „r +,role. when they GGMPI!,' With the following criteria:
a. The floor area of any addition, together with the floor area of the existing structure, shall not
exceed the allowed maximum floor area for the zoning district where the property is located;
b. The addition shall comply with all applicable development standards and use regulations of this
Zoning Code;
c. The square footage of residential parking area additions identified below shall be excluded from
the allowed expansion under subsection (A)(3) of this section, but shall be included as gross floor
area;
Required Parking
Maximum Excluded Areas
One -car garage
200 square feet
Two -car garage
400 square feet
Three -car garage
600 square feet
d. The height of the residential structure including the cottage addition shall not exceed the
following, regardless of roof pitch:
i. Front half of lot: single story with a maximum height of sixteen (16) feet; and
ii. Rear half of lot: two story with a maximum height of twenty-four (24) feet;
e. The residential structure shall not include a third -floor deck;
f. Dwellings withiR the resideRtial development shall Rot be, reRted- fA-F perieds of less thaR thirty
(30) 3y&Outside the Coastal Zone, dwellings within the residential development shall not be rented
for periods of less than thirty (30) days. Refer to Section 21.38.060(A)(4)(f) for short-term lodging
allowances for developments within the coastal zone; and
g. Deed Restriction and Recordation Required. Prior to the issuance of a building permit for a
cottage preservation project, the property owner shall record a deed restriction with the Orange
County Recorder's Office, the form and content of which is satisfactory to the City Attorney,
agreeing to maintain the property consistent with the limitations specified above for cottage
preservation and the restrictions on short-term lodging. The deed restriction document shall notify
future owners of the restriction. This deed restriction shall remain in effect so long as the cottage
preservation project exists on the property.
18-56