HomeMy WebLinkAboutPA2022-076 _20221209_City of Newport Beach Three Part Local Coastal Program AmendmentSTATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, Governor
CALIFORNIA COASTAL COMMISSION
South Coast Area Office 301 E. Ocean Blvd, Suite 300 Long Beach, CA 90802-4351 (562)590-5071
City of Newport Beacht Community Development Department Attn: Jamie Murillo, Principal Planner
100 Civic Center Drive
Newport Beach, CA 92660
RE: City of Newport Beach Three Part Local Coastal Program Amendment:
LC20209-004 (Density Bonus Regulations), PA2020-068 (Lido House Hotel Expansion), and LC2022-002 (Nonconforming Uses and Nonconforming Structures)/Coastal Commission Reference No. LCP-5-NPB-22-0056-1
Dear Mr. Murillo:
On December 9, 2022, this office received your submittal for a three part amendment to the City’s Certified Local Coastal Program:
Part A: LC20209-004 (Density Bonus Regulations) would amend Newport Beach
Municipal Code (NBMC) Title 21 (Local Coastal Program Implementation Plan (IP)) to
incorporate standards and establish an approval process for considering density bonuses with housing development projects.
Part B: PA2020-068 (Lido House Hotel Expansion) would amend the Coastal Land Use
Plan (CLUP) and the Implementation Plan (IP) of the City’s Certified Local Coastal
Program (LCP) to increase the allowable development limit for properties located at 3300 Newport Boulevard and 475 32nd Street from 103,470 square feet to 118,572 square feet (15,103 square foot increase).
Part C: LC2022-002 (Nonconforming Uses and Nonconforming Structures) would amend the implementation Plan (IP) of the City’s Certified Local Coastal Program (LCP) to clarify development allowances for residential uses that are nonconforming due to density and modify side setback allowances for properties in the R-1-6,000, R-2-6,000 and the RM-6,000 coastal zoning districts.
This is a Major Amendment, as it does not qualify as a Minor Amendment pursuant to Section §13554 of the California Code of Regulations.
Pursuant to Section §13553 of the California Code of Regulations, we have reviewed
the transmittal and determined that it is incomplete. It cannot be deemed complete until the materials and information identified below are submitted to our office.
December 22, 2022
PA2020-032 PA2020-068 PA2022-076
Coastal Commission Reference No. LCP-5-NPB-22-0056-1 (Density Bonus Regulations/Lido House Hotel Expansion/Nonconforming Uses and Nonconforming Structures) Page 2 of 4 1. Part A: LC20209-004 (Density Bonus Regulations)
A. Compliance with State Law
The City indicates that the proposed LCP amendment will bring the City’s code into compliance State Law regarding density bonuses. Can you please provide a summary regarding how the proposed LCP amendment will ensure compliance with State Law?
B. Compliance with the Coastal Land Use Plan (CLUP)
Please explain how the proposed amendment to the Implementation Plan (IP) is
consistent with the Coastal Land Use Plan (CLUP). C. September 13, 2022, City Council Meeting (2nd Reading) A copy of the Staff Report for this meeting was provided. However, neither copies of the minutes nor the notice for this City Council meeting have been provided. Thus, please provide three (3) copies of these documents.
D. Planning Commission and City Council Meetings Please provide three (3) copies of the Speaker Slips for individuals from the public that participated at the Planning Commission and City Council Meetings.
E. Known Interested Parties Mailing List
Please provide three (3) copies of a Known Interested Parties List for individuals from
the public that participated at the Planning Commission and City Council meetings. F. Proposed LCP Amendment Please provide three (3) copies of a clean version of the Proposed LCP Amendment that does not include any markups.
2. Part B: PA2020-068 (Lido House Hotel Expansion)
A. Proposal
Please provide a summary explaining the need for the amendment that results in an increase of the onsite allowable development limit. Does the increased allowable development limit result in any anticipated impacts to traffic, views, etc.? Where any alternatives analyzed besides an increase in the onsite allowable development limit that
would also achieve the City’s intended goal of the amendment? How will the proposed
density increase provide public benefit (e.g., infrastructure improvements, lower cost accommodation or recreational opportunities, etc.)?
PA2020-032 PA2020-068 PA2022-076
Coastal Commission Reference No. LCP-5-NPB-22-0056-1 (Density Bonus Regulations/Lido House Hotel Expansion/Nonconforming Uses and Nonconforming Structures) Page 3 of 4
B. Compliance with the Coastal Act and the Coastal Land Use Plan (CLUP)
Please explain how the proposed amendment to the Implementation Plan (IP) is consistent with the Coastal Land Use Plan (CLUP). In addition, please explain how the proposed amendment to the Coastal Land Use Plan (CLUP) is consistent with the Chapter 3 policies of the Coastal Act.
C. November 15, 2022, City Council Meeting (2nd Reading)
A copy of the Staff Report for this meeting was provided. However, neither copies of the minutes nor the notice for this City Council meeting have been provided. Thus, please provide three (3) copies of these documents.
D. Planning Commission and City Council Meetings
Please provide three (3) copies of the Speaker Slips for individuals from the public that
participated at the Planning Commission and City Council Meetings. E. Known Interested Parties Mailing List Please provide three (3) copies of a Known Interested Parties List for individuals from the public that participated at the Planning Commission and City Council meetings.
F. Proposed LCP Amendment
Please provide three (3) copies of a clean version of the Proposed LCP Amendment that does not include any markups. 3. Part C: LC2022-002 (Nonconforming Uses and Nonconforming Structures)
A. Proposal
Can you please identify the number of parcels with existing non-conforming
development that will be subject the new regulations?
B. Compliance with the Coastal Land Use Plan (CLUP) Please explain how the proposed amendment to the Implementation Plan (IP) is consistent with the Coastal Land Use Plan (CLUP).
C. November 29, 2022, City Council Meeting (2nd Reading)
A copy of the Staff Report for this meeting was provided. However, neither copies of
the minutes nor the notice for this City Council meeting have been provided. Thus, please provide three (3) copies of these documents.
PA2020-032 PA2020-068 PA2022-076
Coastal Commission Reference No. LCP-5-NPB-22-0056-1 (Density Bonus Regulations/Lido House Hotel Expansion/Nonconforming Uses and Nonconforming Structures) Page 4 of 4
D. Planning Commission and City Council Meetings
Please provide three (3) copies of the Speaker Slips for individuals from the public that participated at the Planning Commission and City Council Meetings.
E.Known Interested Parties Mailing List
Please provide three (3) copies of a Known Interested Parties List for individuals from
the public that participated at the Planning Commission and City Council meetings.
F.Proposed LCP Amendment
Please provide three (3) copies of a clean version of the Proposed LCP Amendment that does not include any markups.
4.Digital Copy
Please provide Commission staff a digital copy of the original submittal and any
responses to this letter.
Once these items are received in the Commission office, they will be reviewed for
adequacy and a determination will be made as to whether the submittal is complete.
As an amendment to the City’s Certified LCP (Local Coastal Program) – Coastal Land Use Plan (CLUP) and Implementation Plan (IP), the time period for Commission action is ninety-(90) days from the date the submittal is deemed complete. However, if more
time is needed for our staffs to work together, the Commission may extend the 90-day
time period for up to an additional year.
Should you have any questions, please contact me at (562) 590-5071. We look forward to working together with you and your staff on this amendment.
Sincerely,
Fernie Sy
Coastal Program Analyst II
PA2020-032 PA2020-068 PA2022-076