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HomeMy WebLinkAbout20190423_City-Council_Staff_ReportPORT CITY OF O i NEWPORT BEACH City Council Staff ReportiFORN April 23, 2019 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager PHONE: 949-644-3235, PAlford@newportbeachca.gov TITLE: Initiation of Amendments to the Planning & Zoning Code and Local Coastal Program Implementation Plan (PA2019-055) ABSTRACT: Staff is requesting the City Council consider initiating specific amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan). The amendments relate to minimum lot size and dimensions, overlay zoning districts, public hearing notification, corrections to setback maps, transfer of development rights, height measurement of accessory structures, and residential off-street parking requirements in flood hazard areas. RECOMMENDATION: a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Adopt Resolution No. 2019-41, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Minimum Lot Size and Dimensions, Overlay Zoning Districts, Public Hearing Notification, Corrections to Setback Maps and the Transfer of Development Rights (PA2019-055). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council, with or without a recommendation from the Planning Commission. 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. 15-1 Initiation of Amendments to the Planning & Zoning Code and Local Coastal Program Implementation Plan (PA2019-055) April 23, 2019 Page 2 Some of the proposed amendments below are items staff recently identified as needing to be corrected to ensure both Title 20 and Title 21 are consistent. Other proposed amendments will be comprehensively reviewed for consistency with state regulations or provisions that have errors to be corrected. This agenda item is not a public hearing. Should the City Council choose to initiate these proposed amendments, the specific text changes will be drafted and considered by both the Planning Commission and the City Council at public hearings. Additionally, amendments to the certified LCP will require certification by the California Coastal Commission. Amendments Proposed for Initiation: Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) — The Zoning Code allows residential lots to be subdivided to create lots 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. However, this provision was inadvertently left out of the certified LCP Implementation Plan. This amendment would correct that error. 2. Sections 20.28.010 and 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. The existing language requires the more restrictive standard of the base zone or overlay to apply when overlays often specify a new standard that might be less restrictive. 3. New Section 21.16.020 (General Requirements of New Development) — The transfer of development rights (TDR) from one property to another is allowed pursuant to Zoning Code Chapter 20.46. A TDR within the coastal zone would be considered a change in the intensity of the use of land," which requires the approval of a coastal development permit. It would be consistent to review a coastal development permit for a TDR in the same manner as prescribed by Zoning Code Chapter 20.46. This would be provided for by adding a new subsection on TDRs to Section 21.16.020 of the certified LCP Implementation Plan. 4. Sections 20.62.020 and 21.62.020 (Notice of Public Hearing) — These sections provide notice requirements for project applications requiring a public hearing. The three required methods of notice distribution (e.g. mailed, on-site posting, newspaper) generally follows provisions of the Government Code applicable to general law cities. The challenge exists when on-site posting of notices are required for large geographic areas. Staff suggests a comprehensive review to ensure compliant and adequate public noticing while recognizing the practical realities involved in posting on a large number of properties. 5. Section 20.66.030 (Processing, Notice, and Hearing) — This section provides procedural requirements for the processing of Zoning Code amendments. The language is ambiguous as it relates to how notice is provided. Again, staff suggests a comprehensive review to ensure compliant and adequate public notice. 15-2 Initiation of Amendments to the Planning & Zoning Code and Local Coastal Program Implementation Plan (PA2019-055) April 23, 2019 Page 3 6. Sections 20.80.040 and 21.80.040 (Setback Maps) — The Zoning Code and the certified LCP Implementation Plan have a series of maps that provide minimum setbacks for various, but not all, blocks throughout the City. The practice began in 1943 as a way to recognize existing and varying conditions that did not match the citywide front yard setback standard; one size did not fit all. Currently, the 33 citywide and 26 coastal zone setback maps are the descendants of the original 1943 maps, and several of them contain errors and omissions that should be corrected. Not all maps will need correcting, but all could have further clarification by adding a legend and typical notes to each one. The list above is the limit of the proposed amendment; however, as staff examines these sections within the context of their individual purposes, additional changes to related sections may be necessary. If the City Council chooses to initiate these proposed amendments, staff will break the amendments into smaller portions to process. Staff has already received an application requesting a TDR in the coastal zone, therefore staff will first focus on adding the TDR to Title 21 at a noticed public hearing with the Planning Commission in June 2019 if City Council chooses to move forward. The other proposed amendments will be phased over the remainder of the year. ENVIRONMENTAL REVIEW: The initiation of zoning and LCP amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration and potential approval of the amendments. NOTICING: The Municipal Code does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the Municipal Code. Additionally, notice of the LCP amendments will be sent to all persons and agencies on the Notice of the Availability mailing list. ATTACHMENT: Attachment A — Resolution No. 2019-41 15-3 ATTACHMENT A RESOLUTION NO. 2019- 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO MINIMUM LOT SIZE AND DIMENSIONS, OVERLAY ZONING DISTRICTS, PUBLIC HEARING NOTIFICATION, CORRECTIONS TO SETBACK MAPS AND THE TRANSFER OF DEVELOPMENT RIGHTS (PA2019-055) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in NBMC Title 21 to be initiated by the City Council; and WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to modify regulations relating to minimum lot size and dimensions, overlay zoning districts, public hearing notification, corrections to setback maps, and the transfer of development rights. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to NBMC Title 20 Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to modify regulations relating to minimum lot size and dimensions, overlay zoning districts, public hearing notification, corrections to setback maps, and the transfer of development rights. Section 2: 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. 15-4 Resolution No. 2019 - Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 23rd day of April, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE t m YYl Li Aaron . Harp City A rney 15-5