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HomeMy WebLinkAboutPA2019-055_Part B LCP Clean Up AmendmentPart B Local Coastal Program Amendment No. LC2019-001 Correcting and Clarifying Provisions Related to Minimum Lot Size and Dimensions, Overlays and Public Hearing Notice Requirements The requested amendment to the Implementation Plan (IP) of the City’s Local Coastal Program involves minor clean-up items affecting different sections of the IP as described in more detail below: Proposed Clean-Up Amendments 1. Minimum lot size exception – NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) Both Title 20 and 21 include minimum lot size standards for newly created residential lots. These minimum lot sizes are intended for new residential subdivision projects. However, many of the lots in the older communities in the City (e.g., Balboa Peninsula, Corona del Mar, Balboa Island, etc.) were developed in the early and mid-1900’s prior to the City adopting a Subdivision Code. As a result, many of the lots are substandard to current minimum lot sizes and dimensions that have been in effect for many decades. Over time, some lots have been combined or reconfigured from their original subdivision pattern. It is common for property owners and developers to re-subdivide previously combined or reconfigured lots within these older established communities, reverting back to a lot size consistent with the original subdivision pattern of the neighborhood. Title 20 currently includes an exception that allows residential lots to be subdivided with smaller sizes and dimensions than required by that zone, provided the lot size and dimensions are not less than the original underlying lots on the same block face and in the same zoning district. This exception is supported by General Plan Policy LU 4.2, which prohibits new residential subdivisions that result in additional dwelling units without a General Plan amendment, unless the lots were legally merged, in which case they can be re-subdivided to the original underlying legal lots. Unfortunately, this provision was inadvertently left out of the Title 21 development standards applicable to residential coastal zoning districts. This amendment would correct the oversight by adding the same exception already allowed in Title 20 to Title 21 through a footnote applicable to the lot size standards in Tables 21.18-2, 21.18-3, and 21.18-4. 2. Overlay Zoning Districts – NBMC Section 21.28.010 (Purposes of Overlay Zoning Districts) Overlay zoning districts are a common tool to modify a base zoning district for a specific area. Section 21.28.010 inadvertently states that the more restrictive standard of the underlying coastal zoning district or applicable overlay apply; however, overlays can be used to specify a different standard that might be less restrictive than the base zone. The Parking Management Overlay authorizes the establishment of a Parking Management District that allows reduced parking requirements than that of the underlying coastal zoning standards. The amendment will clarify that in cases where standards conflict between the underlying coastal zoning district and an overlay district, the standards of the overlay district will control. 3. Notice of Public Hearing – NBMC Sections 20.62.020 and 21.62.020 (Notice of Public Hearing) The City’s noticing procedures are contained in Section 21.62.020 of the NBMC and follow State law noticing requirements (GC. Sections 65090 and 65091), including: publication in a newspaper of general circulation; and mailing to affected property owners, local agencies, nearby property owners and residents, and persons requesting notice. In addition to the minimum State law noticing requirements, City noticing procedures also require notice to be posted on or close to the subject property in a prominent location. If the number of property owners to whom notice would be mailed or delivered is greater than 1,000, NBMC Subsection 21.62.020(B)(4) authorizes the Director to choose alternative notice specified by State law. To eliminate ambiguity and provide clarification of the alternative afforded by State law, the proposed amendment will clearly specify that the alternative to mailings of over 1,000 notices is to publish a larger one-eighth page display advertisement in a newspaper of general circulation within the City. The Daily Pilot or the Orange County Register are currently newspapers of general circulation. In addition, the amendment will make it clear that the Community Development Director may choose to provide additional notice of a hearing in any other manner deemed necessary or desirable. Notice of Availability Pursuant to Section 13515 of the California Code of Regulations, review of the draft LCP amendment was made available and a Notice of Availability was distributed on May 7, 2020. The notice was sent to all persons and agencies on the Notice of Availability mailing list, posted on the City’s website, and made available for review at City Hall and City library locations. Public Participation The proposed LCP amendment, and related Zoning Code Amendment, underwent the public review process that included multiple noticed public hearings as follows: June 18, 2020 Planning Commission- Noticed Public Hearing July 28, 2020 City Council- Noticed Public Hearing August 25, 2020 City Council- 2nd Reading of Ordinance (Zoning Code Amendment) The project was presented to the Planning Commission on June 18, 2020, at a noticed public hearing. At the conclusion of the hearing, the Planning Commission voted 6-0 to recommend approval of the proposed amendments to the City Council. The project then proceeded to the City Council where it was approved on July 28, 2020, and with a second reading of the ordinances related to the Zoning Code amendment on August 25, 2020. Notice of the public hearings was published in the Daily Pilot, the local adjudicated newspaper, at least ten days before the scheduled meeting. Copies of the proof of publication is attached. Environmental Review The action proposed herein is not a project subject to CEQA in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3) and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to a have a significant effect on the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. The Amendments themselves do not authorize development that would directly result in physical change to the environment. Summary A full copy of the Planning Commission and City Council staff report, resolutions, ordinances, minutes, and public notices are attached. Enclosures Project Resolutions/Ordinances 1. City Council Ordinance No. 2020-19 Adopting Zoning Code Amendment 2. City Council Resolution No. 2020-72 Authorizing submission of LCP Amendment to CA Coastal Commission 3. Planning Commission Resolution No. PC2020-024 Recommending Approval of Zoning Code Amendment 4. Planning Commission Resolution No. PC2020-025 Recommending Approval of Local Coastal Program Code Amendment Public Hearing Staff Reports and Minutes 5. City Council Staff Report – August 25, 2020 6. City Council Minutes – August 25, 2020 7. City Council Staff Report – July 28, 2020 8. City Council Minutes – July 28, 2020 9. Planning Commission Staff Report– June 18, 2020 10. Planning Commission Minutes – June 18, 2020 Public Notice Materials 11. City Council Notice and Proof of Publication – July 28, 2020 12. Planning Commission Notice and Proof of Publication – June 18, 2020 13. Notice of Availability of LCP Amendment Other Materials 14. Correspondence 15. Underline Strikeout Version of Revisions