HomeMy WebLinkAbout2022-11 - Amending Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code and Adopting Local Coastal Program Amendment No. LC2020-001 Correcting Setback Map Errors (PA2020-006)ORDINANCE NO. 2022-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE AND ADOPTING LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2020-001
CORRECTING SETBACK MAP ERRORS (PA2020-006)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges or procedures granted or prescribed by any
law of the State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program for 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 ("LCP") as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, which the City added
as 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;
WHEREAS, both Title 20 (Planning and Zoning Code) ("Title 20") and Title 21 of
the NBMC incorporate a series of maps that provide minimum setbacks for various, but
not all, blocks throughout the City;
WHEREAS, the practice began in 1943 to recognize existing and varying
conditions that did not match the citywide default front yard setback standard of 20 feet;
WHEREAS, the current setback maps are the descendants of the original 1943
maps (previously called districting maps), and several of them contain errors and
omissions that occurred when the districting maps were converted into the current
setback maps as part of the 2010 comprehensive update to Title 20;
Ordinance No. 2022-11
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WHEREAS, the same setback maps are incorporated into Title 21 for properties
located within the coastal zone;
WHEREAS, application of the incorrect setbacks results in development
standards that are inconsistent with the existing pattern of development and several
homes being considered nonconforming which subjects these homes to additional
development regulations affecting additions and remodels and a loss of buildable area;
WHEREAS, an amendment to Title 21 is necessary to clarify the correct location
these setbacks are measured from, maintain the existing pattern of development on a
block, correct the identified errors in the setback maps and re-establish setbacks
consistent with the original districting maps and existing pattern of development ("LCP
Amendment No. LC2020-001 ");
WHEREAS, on April 23, 2019, the City Council initiated LCP Amendment No.
LC2020-001 pursuant to City Council Resolution No. 2019-41;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No.
LC2020-001 were made available and a Notice of Availability was distributed a minimum
of six weeks prior to the City Council public hearing,
WHEREAS, a public hearing was held by the Planning Commission on July 22,
2021, in the City Council Chambers, located at 100 Civic Center Drive, Newport Beach,
California. A notice of time, place and purpose of the public hearing was given in
accordance with the California Government Code Section 54950 et seq. ("Ralph M.
Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence,
both written and oral, was presented to, and considered by, the Planning Commission at
this public hearing;
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2021-021 by a unanimous vote (4 ayes, 0 nays, 1 abstain) recommending to the City
Council approval of Zoning Code Amendment No. CA2020-001 and LCP Amendment
No. LC2020-001;
Ordinance No. 2022-11
Page 3 of 5
WHEREAS, a public hearing was held by the City Council on October 12, 2021, in
the City 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, at the hearing, the City Council introduced Ordinance No. 2021-22
adopting Zoning Code Amendment No. CA2020-001 and Resolution No. 2021-97
authorizing submittal of LCP Amendment No. LC2020-001 to the California Coastal
Commission by a unanimous vote (7 ayes, 0 nays); and
WHEREAS, on March 9, 2022, the California Coastal Commission approved LCP
Amendment No. LC2020-001 (LCP-5-NPB-21-0084-3 Part A) as a minor amendment
with no modifications, as a result, is deemed approved and became a certified part of
Title 21.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve LCP Amendment No.
LC2020-001, amending Setback Map Nos. S -1A — West Newport, S -2A — Balboa
Peninsula, S -2E — Balboa Peninsula, S -2F — Balboa Peninsula, S -2G - Balboa Peninsula,
S-6 — Bay Shores, S-8 — Harbor Island, S-1 OA — Corona del Mar, S-1 OB — Corona del Mar,
and S -10D — Corona del Mar contained within NBMC Section 21.80.040 (Setback Maps)
as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference.
Section 2: The LCP and Title 21, including LCP Amendment No. LC2020-001,
shall be carried out in full conformance with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Ordinance No. 2022-11
Page 4 of 5
Section 4: 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 5: The City Council finds LCP Amendment No. LC2020-001 is not
subject to the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b)(3), of Title 14, Division 6, Chapter 3 of the California Code of Regulations
("CEQA Guidelines") the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. LCP Amendment No.
LC2020-001 corrects errors in setback maps that are inconsistent with historically
established setbacks and generally reflects setbacks that are consistent with existing
development on the affected lots. LCP Amendment No. LC2020-001 does not authorize
any new development that would directly result in physical change to the environment.
Section 6: 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 7: 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.
Ordinance No. 2022-11
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 26th day of April, 2022, and adopted on the 10th day of
May, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon, Council Member Avery, Council Member Brenner,
Council Member Dixon, Council Member Duffield, Council Member
O'Neill
NAYS:
ABSENT: Mayor Pro Tem Blom
KEVIN MULDOQ1q, MAYOR
ATTEST:
r
LEILANI I. BROYNN , CITY CLERK Iu
APPROVED AS TO FORM: _`l1�aNaA
CITY ATTORNEY'S OFFICE
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AARON C. HARP, CITY ATTORNEY
Attachment(s): Exhibit A - Amendment to Setback Map Nos. S -1A — West Newport, S -
2A — Balboa Peninsula, S -2E — Balboa Peninsula, S -2F — Balboa
Peninsula, S -2G - Balboa Peninsula, S-6 — Bay Shores, S-8 — Harbor
Island, S -10A — Corona del Mar, S -10B — Corona del Mar, and S -10D —
Corona del Mar contained within NBMC Section 21.80.040 (Setback
Maps)
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, that the foregoing ordinance, being Ordinance
No. 2022-11 was duly introduced on the 261h day of April, 2022, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 101h day of May, 2022, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
ABSENT: Mayor Pro Tern Noah Blom
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 111h day of May, 2022.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-11 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: April 30, 2022
Adopted Ordinance: May 14, 2022
In witness whereof, I have hereunto subscribed my name this day of May, 2022.
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Leilani I.'Brown-, MMC
City Clerk
City of Newport Beach, California