HomeMy WebLinkAbout9190 - Coastal Zone Single Family & Duplex Residential Developmentsii
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RESOLUTION NO. 9190
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ACCEPTING AND AGREEING TO
THE TERMS AND CONDITIONS OF THE CATEGORICAL
EXCLUSION FOR SINGLE FAMILY AND DUPLEX RESI-
DENTIAL DEVELOPMENTS IN THE COASTAL ZONE IN
THE CITY OF NEWPORT BEACH
WHEREAS, the City of Newport Beach has applied to
the State Coastal Commission seeking a categorical exclusion
for the demolition and /or construction of all single - family
and two - family residences and their appurtenant facilities
in the R -1, R -1.5, R -2, R -3 and R -4 zones within the City of
Newport Beach within the Coastal Zone; and
WHEREAS, the State Commission on June 14, 1977,
adopted Categorical Exclusion Order E -77 -5, pursuant to
Public Resources Code Section 30610(d) at the request of the
City of Newport Beach; and
WHEREAS, Section 30610.5 of the Public Resources
Code provides that a public agency which issues a permit for
a category of development which is the subject of a categorical
exclusion order must acknowledge receipt of the approval by
the State Commission and accept and agree to the terms and
conditions under which the categorical exclusion has been
made; and
WHEREAS, the City Council of the City of Newport
Beach desires to accept the Categorical Exclusion Order and
agreesto the terms and conditions of the categorical exclusion.
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach acknowledges that the City has
received from the California Coastal Commission the Commission's
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resolution of approval, including the conditions which were
attached to the approval pursuant to Public Resources Code
Section 30610.5 for the demolition and /or construction of all
single - family and two - family residences and their appurtenant
facilities in the R -1, R -1.5, R -2, R -3 and R -4 zone districts
within the City of Newport Beach within the Coastal Zone. The
categorical exclusion, however, does not include the first
row of lots adjacent to the beach, bay or wetlands nor is the
categorical exclusion applicable to major undeveloped residential
sites within the Coastal Zone, P -C zoned district or gated
communities within the City.
BE IT FURTHER RESOLVED that the City Council finds
and determines that the exclusion shall apply only to the
following areas: Balboa Island, Balboa Peninsula, Cameo
Highlands, Cameo Shores, Corona del Mar, Corona Highlands,
Irvine Terrace, Lido Island, Shorecliffs, Upper Bay and West
Newport.
BE IT FURTHER RESOLVED that the City Council of the
City of Newport Beach accepts and agrees to the terms and
conditions which have been applied by the California Coastal
Commission to the categorical exclusion, which terms and
conditions are as follows:
(1) Lot Coverage
Structures subject to this exclusion shall be
designed so that the gross structural area, including storage,
parking, and stairways, does not exceed 1.5 times the buildable
area on non - conforming lots (4,000 square feet or less) and in
areas where a majority of the lots are non- conforming. Gross
structural area shall be calculated in accordance with South
Coast Regional Commission "1.5" criteria.
(2) Parking
A minimum of two parking spaces shall be provided
for each residential unit, regardless of size. To the maximum
extent practicable, parking shall be provided on the alley side
of the lot and in no case shall parking be permitted in the
required front yard setback.
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(3) Density
Duplexes shall only be permitted on lots 2,400
square feet or greater.
• (4) Applicable Zoning
Development pursuant to this exclusion shall
conform, unless otherwise limited by this order, to the zoning
in effect on the date this order is adopted by the Commission,
as represented by City of Newport Beach Ordinance No. 1657
(Title 20), a copy of which is attached to the official map of
this exclusion.
(5) Implementation
The City of Newport Beach shall,at an appropriate
stage in the local approval process for development subject to
this exclusion, distribute to the applicant for such local
approval a form provided by the Executive Director of the
Commission. After final local governmental approval but prior
to construction under this exclusion, the City shall send the
completed form to the South Coast Regional Commission. The
completed form shall include a certification by the applicant
that the approved development conforms with the terms and condi-
tions of this order.
The City of Newport Beach may, at its option, also
make that certification on the completed form. No construction
pursuant to this exclusion may commence until 5 working days
have elapsed following receipt of the completed form by the South
Coast Regional Commission.
(6) Public Trust
In the event that any competent agency or court
determines that any lands excluded by this order are subject to
the public trust, this exclusion shall immediately become void
as to those lands and any development undertaken on those lands
shall be subject to the full permit requirements of the Coastal
Act of 1976.
BE IT FURTHER RESOLVED that all officers and employees
of the City of Newport Beach shall be charged with the enforcement
of the terms and conditions of this Resolution.
BE IT FURTHER RESOLVED that the City Clerk is authorized
• and directed to transmit a certified copy of this Resolution
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to the State Coastal Commission.
ADOPTED this 12th day of September —, 1977.
ATTEST:
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