HomeMy WebLinkAbout20191017_PC_Staff Report_Hearing
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
October 17, 2019
Agenda Item No. 4
SUBJECT: Cottage Preservation Code and LCP Amendments (PA2019-181)
Code Amendment No. CA2019-006
Local Coastal Program Amendment No. LC2019-004
SITE LOCATION: Citywide
APPLICANT: City of Newport Beach
PLANNER: Jaime Murillo, Principal Planner
949-644-3209 or jmurillo@newportbeachca.gov
PROJECT SUMMARY
The City is proposing amendments to the Local Coastal Program (Coastal Land Use Plan
and Implementation Plan), Newport Beach Municipal Code (NBMC) Title 20 (Planning and
Zoning), and Title 15 (Building and Construction) to provide an option to preserve traditional
beach cottages. Typically, cottages do not provide all the code-required parking and
additions are limited to 10 percent of the existing floor area. The amendments would allow
larger additions of up to 50 percent of the existing floor area without providing the
minimum code-required parking when the project would result in the preservation of the
cottage character and building envelope that is representative of traditional development
patterns in the City. Eligible projects would also receive relief from a building code
valuation threshold requiring building code compliance as new construction.
RECOMMENDATION
1) Conduct a public hearing;
2) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to 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 have a
significant effect on the environment;
3) Adopt Resolution No. PC2019-033 (Attachment No. PC 1) recommending the City
Council approve Code Amendment No. CA2019-006; and
4) Adopt Resolution No. PC2019-034 (Attachment No. PC 2) recommending the City
Council authorize staff to submit Local Coastal Program Amendment No. LC2019-
004 to the California Coastal Commission.
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Cottage Preservation Code and LCP Amendments (PA2019-181)
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INTRODUCTION
Study Session
As a result of growing community concerns related to the loss of small residential cottages
and the bulk and mass associated with new single- and two-unit dwelling developments
in the City, the City Council held a study session on April 23, 2019. At the conclusion of
the study session, the City Council directed staff to return with a resolution to initiate code
amendments to address these concerns, including incentivizing the preservation of
cottages. Study session minutes are included as Attachment No. PC 3.
1937 Cottage 2014 Redevelopment
Example of Cottage Redevelopment
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Initiation of Code Amendment
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. Additionally, NBMC Section 20.66.020 allows amendments to the Zoning
Code to be initiated by the City Council. The subject amendment was initiated by the City
Council on May 14, 2019 (Attachment No. PC 4), as one of two proposed amendments
under City Council Resolution No. 2019-43 (PA2019-070).
Community Meeting
On August 19, 2019, Community Development Department staff hosted a community
meeting attended by 64 interested members of the public, including design professionals.
The intent of the meeting was to share proposed changes to residential design standards
intended to minimize bulk and mass associated with current development trends.
Included were proposed changes to incentivize the preservation of small cottages by
allowing increased additions and alterations to provide an option to full redevelopment of
property.
The proposed changes related to cottage preservation were overwhelmingly supported
by meeting attendees. General comments in support included:
x Design professionals explained that it is more difficult to remodel and preserve a
cottage than to demolish and reconstruct a new home due to the current restrictive
code requirements that are in place. The proposed changes would create a
feasible option for preservation by removing these code-related constraints;
x Attendees appreciated the fact that the changes were incentive-based instead of
a firm restriction on property owner’s rights; and
x The incentive allows a reasonably sized addition for nonconforming structures that
do not provide adequate parking, which is appropriate if it discourages property
owners from tearing down older cottages structures.
DISCUSSION
What constitutes a cottage for the purpose of this ordinance?
There is no definition that accurately describes what constitutes a cottage. However, as
used by the community, the term cottage refers to the smaller residential dwellings or
structures that are representative of the traditional development patterns in the City,
particularly in old Corona del Mar, Balboa Island, and the Balboa Peninsula. These
structures are typically one-story, with the exception of a small second story above
parking in the rear of a lot. Many cottages vary in architectural style and year of
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construction. Therefore, for the purpose of this amendment, the cottage preservation
incentive will be granted for those projects that agree to maintain a building envelope
representative of traditional cottages.
The building envelope for cottage preservation eligibility would be limited as follows:
x Front half of lot limited to one story and a maximum height of 16 feet;
x Rear half of lot limited to two stories and a maximum height of 24 feet; and
x Third floors or third floor decks would be prohibited.
Why are we losing cottages?
The primary reason for the loss of cottages is due to the fact that many of these properties
were historically used as beach homes or second homes, but are now predominantly
used as principal residences. As such, property owners are seeking to maximum the size
of their homes to increase the livability and include modern features. Additionally, as
property values in the City have significantly increased, property owners are now seeking
to construct the maximum allowable floor area and height to ensure they are receiving
the highest and best return on their investment.
However, there are property owners who would like to preserve their older cottages, but
have run into complications when seeking to remodel to add an extra bedroom or
bathroom. There are two existing code restrictions that lead property owners to demolish
the old cottage in favor of developing a new, larger home.
1. Nonconforming Parking Limitations (Title 20 and 21)
Due to changes in zoning requirements over time that have increased the minimum
parking requirements, most cottages are nonconforming because they no longer
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provide the minimum number of spaces on-site. For example, minimum parking
requirements for a single-family dwelling increased from zero spaces, to one
space, to two spaces per unit.
NBMC Sections 20.38.060 (Nonconforming Parking) of the Zoning Code (Title 20)
and 21.38.060 (Nonconforming Parking) of the Local Coastal Program
Implementation Plan (Title 21) both limit the allowable area of additions for
residential dwellings that are nonconforming due to parking to a maximum of 10
percent of the existing floor area of the structure. This 10 percent limitation is
typically not sufficient to accommodate the addition of a new master bedroom or
justify the cost of a remodel. For example, a one-story dwelling on a typical Corona
del Mar lot (30’ x’118’) may measure approximately 2,200 square feet in area. The
10 percent limitation would only allow an addition of 220 square feet. Smaller
cottages with lower existing floor areas would result in even smaller additions.
Additions larger than 10 percent require code-compliant parking (a two-car garage)
to be created dramatically changing the scope of work. Typically, modifying a small
cottage to create a two-car garage cannot be done without significantly altering the
cottage thus defeating the owner’s hope to preserve the small home.
2. Building Code Limitations (Title 15)
Currently, Section 102.7 (Remodel or renovation) of Section 15.02.060 of the
NBMC requires a dwelling to be subject to building code regulations as a new
structure when the valuation of the permit for a remodel or renovation exceeds 50
percent of the market value of the dwelling. As a result of this 50 percent valuation
threshold, many small remodeling and addition projects require substantial
improvements beyond the original scope of work in order to comply with building
code regulations as if the house is new construction. Due to this increased scope
of work and costs, many property owners decide that it is not financially feasible to
maintain their existing residential cottages and decide to demolish and rebuild.
What are the proposed changes/incentives?
In order to loosen constraints discussed above, staff is proposing the following
amendments in exchange for a property owner’s commitment to maintain the required
cottage building envelope as previously described. A redline strikeout version of the
proposed amendments are included as Attachment No. PC 5 for reference.
1. Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program
Implementation Plan) Changes:
a. Increase addition limits from ten (10) to fifty (50) percent - Cottages are typically
smaller structures that are built significantly below the allowable floor area
limitations of a site. Therefore, staff is recommending to increase the allowable
area of additions for residential dwellings that are nonconforming due to parking
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to a maximum of fifty (50) percent of the existing floor area of the structure. This
new standard would allow for a reasonably sized addition as a realistic
alternative to demolishing and redeveloping their properties.
b. Require recordation of a revocable deed restriction - In order for a property
owner to take advantage of this incentive, they will be required to record a deed
restriction with the County Recorder’s Office agreeing to maintain the property
consistent with the limitations specified for cottage preservation (i.e., one-story
and 16 feet high within front half of lot and two-story, 24 feet high within rear
half of lot). The deed restriction will apply to future owners and remain in effect
so long as the modified cottage project exists. The deed restriction would not
be permanent and could be removed if the property owner wanted to expand
the cottage or redevelop the property in compliance with applicable code
requirements. However, in these cases, code-required parking would be
included.
Current Limitation Proposed Allowance
2. Title 15 Change - Remove new construction code requirements for eligible cottage
preservation projects - In the event that the construction valuation exceeds fifty
(50) percent of the value of the structure, only the components of the structure that
are affected by the renovation/addition will have to comply with new building code
requirements. For example, in the case of a new bedroom addition over the
garage, the addition and portions of the existing garage that are affected by the
addition, will have to comply current building code requirements; however, the
existing one-story component of the house that would remain would no longer have
to be fully retrofitted to comply with building code standards as a new home
constructed today.
Unfortunately, if a property is located within a special flood hazard area as mapped
by the Federal Emergency Management Agency (FEMA), a separate valuation
threshold will continue to apply as required by FEMA. The FEMA threshold is more
restrictive and may trigger a need to substantially improve the existing structure to
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avoid the identified flood hazard. Improvements would typically include raising the
finish floor of the structure, which typically leads property owners to demolish the
structure and construct a new home.
Typical Cottage
Example Cottage Preservation Project
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Why is Coastal Commission review required?
Properties located in the Coastal Zone (Attachment No. PC 6) of the City are regulated
by the Local Coastal Program (LCP), which is comprised of the Coastal Land Use Plan
(CLUP), a policy document, and the Implementation Plan (IP or Title 21), a regulatory
document.
On January 13, 2017, the California Coastal Commission (“Coastal Commission”)
effectively certified the City’s LCP and the City assumed coastal development permit-
issuing authority on January 30, 2017. Any amendments to the LCP must be reviewed
and approved by the City Council, with a recommendation from the Planning Commission,
prior to submitting the amendment request to the Coastal Commission. The Coastal
Commission is the final decision-making authority on amendments to the certified LCP.
In addition to the proposed changes to Title 21 as described above, staff is recommending
that Coastal Land Use Plan Policy 2.9.3-8 be amended to include a policy to support the
proposed Title 21 cottage preservation amendment described above. A change to the
policy is important to avoid a determination that the proposed Title 21 code amendment
may be inconsistent with the current language of Policy 2.9.3-8. Additionally, regulations
in Title 21 require policies in the Coastal Land Use Plan.
2.9.3-8 Continue to require properties with nonconforming parking to provide code-
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor
area of a residential development may be allowed without requiring the code-required
parking when the project would result in the preservation of the cottage character of
the development and a building envelope representative of traditional cottage
development patterns in the City.
Environmental Review
The action proposed herein is not a project subject to the California Environmental Quality
Act (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 from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing 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 Amendment itself does not authorize any development
and therefore would not directly result in physical change to the environment.
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Public Notice
Pursuant to Section 13515 of the California Code of Regulations, a review draft of the
LCP Amendment was made available and a Notice of Availability was distributed on
October 4, 2019, to all persons and agencies on the Notice of Availability mailing list.
In addition, notice of these amendments was published in the Daily Pilot as an eighth-
page advertisement, consistent with the provisions of the NBMC. The item also appeared
on the agenda for this meeting, which was posted at City Hall and on the City website.
Lastly, notice of this amendment was emailed to interested parties that attended the
community meeting.
Prepared by: Submitted by:
Jim Campbell, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution- Title 15 and Title 20 Code Amendments
PC 2 Draft Resolution- Local Coastal Program Amendments (including Title 21)
PC 3 April 23, 2019, City Council Study Session Minutes
PC 4 City Council Resolution No. 2019-43
PC 5 Redline Strikeout Version of Amendments
PC 6 Coastal Zone Map
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Attachment No. PC 1
Draft Resolution- Title 15 and Title 20
Code Amendments
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RESOLUTION NO. PC2019-033
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL ADOPTION OF CODE AMENDMENT NO. CA2019-006
TO AMEND TITLE 15 (BUILDING AND CONSTRUCTION) AND
TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO COTTAGE
PRESERVATION (PA2019-181)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An amendment to Title 15 (Building and Construction) and Title 20 (Planning and
Zoning) (“Code Amendment”) of the City of Newport Beach Municipal Code (“NBMC”)
is necessary to incentivize the preservation of cottages.
2. A public hearing was held by the Planning Commission on October 17, 2019, in the 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 Chapter 20.62 of
the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The action proposed herein is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 21065 of the California Public Resources Code and
Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. The Amendment
itself does not authorize development that would directly result in physical change to the
environment.
SECTION 3. FINDINGS.
1. Currently, Section 102.7 (Remodel or renovation) of Section 15.02.060 of the NBMC
requires a dwelling to be subject to building code regulations as a new structure when the
valuation of the permit for a remodel or renovation exceeds fifty (50) percent of the market
value of the dwelling. As a result of this fifty (50) percent valuation threshold, many small
remodel and residential addition projects require substantial improvements to comply with
building code regulations as new construction. Due to this increased scope of work and
costs, many property owners decide that it is not financially feasible to maintain their existing
residential cottages and decide to demolish these cottages. The current redevelopment
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trend is to reconstruct new single- or two-family dwellings that maximize the building
envelope, including three-level development, to realize the maximum return on investment.
2. Authorizing the amendment to Title 15 (Building and Construction) of the NBMC would
incentive the preservation of cottages by removing the valuation threshold requiring building
code compliance as new construction and allowing reasonable size additions to existing
residential developments that preserve their cottage character and building envelope.
3. Authorizing the amendment to Title 20 (Planning and Zoning) of the NBMC would
incentivize the preservation of cottages by increasing the percentage of an allowed addition
to a nonconforming residential structure due to parking from ten (10) percent to fifty (50)
percent, thereby eliminating a design constraint that has resulted in property owners
choosing to demolish older cottages and redevelop the site with new, larger, three-level
homes that maximize the allowable building envelope.
4. An amendment to Title 21 and the Local Coastal Program (“LCP”) to incentivize the
preservation of cottages (“LCP Amendments”) is also proposed for properties located in the
coastal zone. The Code Amendment shall not become effective for projects located in the
coastal zone until approval of the LCP Amendments by the California Coastal Commission
and adoption, including any modifications suggested by the California Coastal Commission,
by resolution and/or ordinance of the City Council of the City of Newport Beach
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the proposed code amendments are not a projects subject
to CEQA pursuant to Section 21065 of Public Resources Code and the CEQA Guidelines
Sections 15060(c)(2), 15060(c)(3), and 15378. The proposed action is also statutorily
exempt pursuant to CEQA Guidelines Section 15061(b)(3) because it has no potential to
have a significant effect on the environment.
2. The Planning Commission of the City of Newport Beach hereby recommends approval of
Code Amendment No. CA2019-006 as set forth in Exhibit “A,” which is attached hereto and
incorporated herein by reference.
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF OCTOBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
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BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
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EXHIBIT “A”
Proposed Code Amendment No. CA2019-006 Related to Cottage Preservation
Section 1: Amend Section 102.7 (Remodel or renovation) of Section15.02.060 of the
Newport Beach Municipal Code as follows:
15.02.060 Added to Section 102.7.
Section 102.7 is added to read as follows:
Section 102.7 Remodel or renovation. If the valuation of the permit for the
remodel or renovation of a building is equal to or exceeds 50 percent of the market
value of such building, then the entire building shall comply with the Code
provisions for new construction.
Exceptions:
1. This provision does not apply for permit valuations less than $209,000;
2. The Chief Building Official is authorized to accept less than the requirements for
new construction if substantial conformance to the requirements is found and the
protection of life and property are maintained.
3. This provision does not apply to projects meeting the criteria for cottage
preservation pursuant to Section 20.38.060(A)(3) and not located in a Special
Flood Hazard Area per the latest revision of the Federal Insurance Rate Map.
Section 2: Amend Section 20.38.060 (Nonconforming Parking) of Title 2 (Planning and
Zoning) of the Newport Beach Municipal to read as follows:
20.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it does
not conform to the off-street parking requirements of this Zoning Code, only the following
alterations may be allowed:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
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a. Repair and maintenance, interior alterations, and structural alterations,
as provided for in Section 20.38.040(A) through (F); and
b. Additions up to a maximum of ten (10) percent of the existing floor area
of the structure within a ten (10) year period as provided in Section
20.38.040(G).
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or
enclosed parking spaces or because amendments to this Zoning Code have
changed the dimensions of required parking spaces subsequent to the original
construction of the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of
this section;
b. Additions larger than those allowed under subsection (A)(1) of this
section may be allowed subject to the approval of a modification permit in
compliance with Section 20.52.050 (Modification Permits).
3. Exception for Cottage Preservation. Notwithstanding the provisions of
subsections (A)(1) and (A)(2) of this section, additions of up to fifty (50) percent of
the existing floor area of the structure are permitted for projects that remodel and
expand a smaller residential dwelling or structure representative of the traditional
development patterns in the City, result in the preservation of the cottage
character, and comply with the following criteria:
a. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the zoning
district;
b. The addition shall comply with all applicable development standards
and use regulations of this Zoning Code;
c. The square footage of residential parking area additions identified below
shall be excluded from the allowed expansion under subsection (A)(3), but
shall be included as gross floor area;
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Required
Parking
Maximum Excluded
Area
One-car garage 200 square feet,
maximum
Two-car garage 400 square feet,
maximum
Three-car
garage
600 square feet,
maximum
d. The height of the resulting structure shall not exceed the following,
regardless of roof pitch:
i. Front half of lot: one story and 16 feet; and
ii. Rear half of lot: two stories and 24 feet.
e. The residential structure shall not include third floor deck; and
f. Deed Restriction and Recordation Required. Prior to the issuance of a
building permit for a cottage preservation project, the property owner shall
record a deed restriction with the County Recorder’s Office, the form and
content of which is satisfactory to the City Attorney, agreeing to maintain the
property consistent with the limitations specified above for cottage
preservation. The deed restriction document shall notify future owners of the
restriction. This deed restriction shall remain in effect so long as the cottage
preservation project exists on the property.
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Attachment No. PC 2
Draft Resolution- Local Coastal Program
Amendments (including Title 21)
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RESOLUTION NO. PC2019-034
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING CITY
COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL
PROGRAM AMENDMENT NO. LC2019-004 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY
OF NEWPORT BEACH MUNICIPAL CODE AND THE CITY OF
NEWPORT BEACH LOCAL COASTAL PROGRAM COASTAL
LAND USE PLAN RELATED TO COTTAGE PRESERVATION
(PA2019-181)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Section 30500 of the California Public Resources Code requires each county and city
to prepare a local coastal program (“LCP”) for that portion of the coastal zone within its
jurisdiction.
2. In 2005 the City of Newport Beach (“City”) adopted the City of Newport Beach Local
Coastal Program Coastal Land Use Plan (“Local Coastal Program”) as amended from
time to time including most recently on January 22, 2019, via Resolution No. 2019-8.
3. The California Coastal Commission effectively certified the City’s Local Coastal Program
Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal
Program Implementation Plan) (“Title 21”) to the Newport Beach Municipal Code
(“NBMC”) whereby the City assumed coastal development permit-issuing authority as
of January 30, 2017.
4. An amendment to Title 21 and the Local Coastal Program is necessary to incentivize
the preservation of cottages (“LCP Amendments”).
5. Pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5,
Chapter 8, drafts of the LCP Amendments were made available and a Notice of Availability
was distributed on October 4, 2019 at least six (6) weeks prior to the anticipated final
action date.
6. A public hearing was held by the Planning Commission on October 17, 2019, in the 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 Chapter 21.62 of
the NBMC. Evidence, both written and oral, was presented to, and considered by, the
Planning Commission at this public hearing.
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SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The action proposed herein is not a project subject to the California Environmental Quality Act
(“CEQA”) in accordance with Section 21065 of the California Public Resources Code and
Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14,
Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to
CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. Lastly, pursuant to
CEQA Guidelines Section 15265(a)(1), local governments are statutorily exempt from the
requirements of CEQA in connection with the adoption of a local coastal program. The LCP
Amendment itself does not authorize development that would directly result in physical change
to the environment.
SECTION 3. FINDINGS.
1. Authorizing the amendment to Title 21 (Local Coastal Program Implementation Plan) of the
NBMC and the City’s Local Coastal Program would incentivize the preservation of cottages
by increasing the percentage of an allowed addition to a nonconforming residential structure
due to parking from ten (10) percent to fifty (50) percent of the existing floor area, thereby
eliminating a design constraint that has resulted in property owners choosing to demolish
older cottages and redevelop properties with new, larger, three (3)-level homes that
maximize the allowable building envelope.
2. The LCP Amendments shall not become effective until approval by the California Coastal
Commission and adoption, including any modifications suggested by the California Coastal
Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach.
3. The Local Coastal Program and Title 21, including the proposed LCP Amendments, will be
carried out fully in conformity with the California Coastal Act.
4. The recitals provided in this resolution are true and correct and are incorporated into the
operative part of this resolution.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission finds the LCP Amendments are not a project subject to CEQA
pursuant to Section 21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060
(c)(3), and 15378. The proposed action is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3) because it has no potential to have a significant effect on the
environment. Finally, the adoption of local coastal programs are statutorily exempt
according to Section 15265(a)(1) of the CEQA Guidelines.
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2. The Planning Commission of the City of Newport Beach hereby recommends submittal of
Local Coastal Program Amendment No. LC2019-004 related to cottage preservation,
amending Section 21.38.060 (Nonconforming Parking) of Title 21 (Local Coastal Program
Implementation Plan) of the Newport Beach Municipal Code and amending the City of
Newport Beach Local Coastal Program Coastal Land Use Plan as set forth in Exhibit “A,”
which is attached hereto and incorporated herein by reference, to the California Coastal
Commission.
PASSED, APPROVED, AND ADOPTED THIS 17th DAY OF OCTOBER, 2019.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:_________________________
Peter Koetting, Chairman
BY:_________________________
Lee Lowrey, Secretary
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EXHIBIT “A”
Proposed Amendment to the City of Newport Beach Local Coastal Program
Related to Cottage Preservation (LC2019-004)
Section 1: Amending Policy 2.9.3-8 of Chapter 2.0 (Land Use and Development) of the
Coastal Land Use Plan as follows, with all other provisions of the Coastal Land Use Plan
remaining unchanged:
2.9.3-8 Continue to require properties with nonconforming parking to provide code-
required off-street parking when new uses, alterations, or additions result in increased
parking demand. However, additions of up to fifty (50) percent of the existing floor area of
a residential development may be allowed without requiring the code-required parking when
the project would result in the preservation of the cottage character of the development and
a building envelope representative of traditional cottage development patterns in the City.
Section 2: Amend Section 21.38.060 (Nonconforming Parking) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code to read as follows:
21.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it does
not conform to the off-street parking requirements of this Implementation Plan, the following
provisions shall apply:
1. Number of Spaces. A residential development having less than the required
number of parking spaces per dwelling unit shall be allowed the following repairs,
alterations, and additions:
a. Repair and maintenance, interior alterations, and structural alterations,
as provided for in Section 21.38.040(A) through (F);
b. Additions up to a maximum of ten (10) percent of the existing floor area
of the structure as provided in Section 21.38.040(G);
c. Any repair, maintenance, or additions shall not result in loss of existing
parking spaces; and
d. Required parking shall be provided where feasible.
2. Dimensions or Type of Parking Spaces. Residential developments that are
nonconforming because they do not have the required type of covered or
enclosed parking spaces or because amendments to this Implementation Plan
24
Planning Commission Resolution No. PC2019-034
Page 5 of 6
have changed the dimensions of required parking spaces subsequent to the
original construction of the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of
this section;
b. Additions larger than those allowed under subsection (A)(1) of this
section may be allowed subject to the approval of a coastal development
permit.
3. Alley Access. Where applicable, residential development involving repairs,
alterations, and additions to residential development having less than the
required number of parking spaces per dwelling unit shall provide alley access to
parking area if it would result in additional public street parking.
4. Exception for Cottage Preservation. Notwithstanding the provisions of
subsections (A)(1) and (A)(2) of this section, additions of up to fifty (50) percent of
the existing floor area of the structure are permitted for projects that remodel and
expand a smaller residential dwelling or structure representative of the traditional
development patterns in the City, result in the preservation of the cottage
character, and comply with the following criteria:
a. The floor area of any addition, together with the floor area of the existing
structure, shall not exceed the allowed maximum floor area for the coastal
zoning district;
b. The addition shall comply with all applicable development standards
and use regulations of this Implementation Plan;
c. The square footage of residential parking area additions identified below
shall be excluded from the allowed expansion under subsection (A)(4), but
shall be included as gross floor area;
25
Planning Commission Resolution No. PC2019-034
Page 6 of 6
Required
Parking
Maximum Excluded
Area
One-car garage 200 square feet,
maximum
Two-car garage 400 square feet,
maximum
Three-car
garage
600 square feet,
maximum
d. The height of the resulting structure shall not exceed the following,
regardless of roof pitch:
i. Front half of lot: one story and 16 feet; and
ii. Rear half of lot: two stories and 24 feet.
e. The residential structure shall not include third floor deck; and
f. The addition complies with the limitations of Section 21.38.040(G)(1).
26
Attachment No. PC 3
April 23, 2019, City Council Study Session
Minutes
27
INTENTIONALLY BLANK PAGE28
29
30
31
INTENTIONALLY BLANK PAGE32
Attachment No. PC 4
City Council Resolution No. 2019-43
33
INTENTIONALLY BLANK PAGE34
35
36
37
INTENTIONALLY BLANK PAGE38
Attachment No. PC 5
Redline Strikeout Version of Amendments
39
INTENTIONALLY BLANK PAGE40
Cottage Preservation (PA2019-181)
Proposed Zoning Code Amendments
20.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the
off-street parking requirements of this Zoning Code, only the following alterations may be allowed:
1. Number of Spaces. A residential development having less than the required number of
parking spaces per dwelling unit shall be allowed the following repairs, alterations, and
additions:
a. Repair and maintenance, interior alterations, and structural alterations, as provided for
in Section 20.38.040(A) through (F); and
b. Additions up to a maximum of ten (10) percent of the existing floor area of the
structure within a ten (10) year period as provided in Section 20.38.040(G).
2. Dimensions or Type of Parking Spaces. Residential developments that are nonconforming
because they do not have the required type of covered or enclosed parking spaces or because
amendments to this Zoning Code have changed the dimensions of required parking spaces
subsequent to the original construction of the structure may be altered or expanded as follows:
a. All improvements and expansions allowed under subsection (A)(1) of this section;
b. Additions larger than those allowed under subsection (A)(1) of this section may be
allowed subject to the approval of a modification permit in compliance with Section
20.52.050 (Modification Permits).
3. Exception for Cottage Preservation. Notwithstanding the provisions of subsections (A)(1)
and (A)(2) of this section, additions of up to fifty (50) percent of the existing floor area of the
structure are permitted for projects that remodel and expand a smaller residential dwelling or
structure representative of the traditional development patterns in the City, result in the
preservation of the cottage character, and comply with the following criteria:
a. The floor area of any addition, together with the floor area of the existing structure,
shall not exceed the allowed maximum floor area for the zoning district;
41
b. The addition shall comply with all applicable development standards and use
regulations of this Zoning Code;
c. The square footage of residential parking area additions identified below shall be
excluded from the allowed expansion under subsection (A)(3), but shall be included as
gross floor area;
Required Parking Maximum Excluded Area
One-car garage 200 square feet, maximum
Two-car garage 400 square feet, maximum
Three-car garage 600 square feet, maximum
d. The height of the resulting structure shall not exceed the following, regardless of roof
pitch:
i. Front half of lot: one story and 16 feet; and
ii. Rear half of lot: two stories and 24 feet.
e. The residential structure shall not include third floor deck; and
f. Deed Restriction and Recordation Required. Prior to the issuance of a building permit
for a cottage preservation project, the property owner shall record a deed restriction with
the County Recorder’s Office, the form and content of which is satisfactory to the City
Attorney, agreeing to maintain the property consistent with the limitations specified above
for cottage preservation. The deed restriction document shall notify future owners of the
restriction. This deed restriction shall remain in effect so long as the cottage preservation
project exists on the property.
42
Proposed Building Code Amendment
15.02.060 Added to Section 102.7.
Section 102.7 is added to read as follows:
Section 102.7 Remodel or renovation. If the valuation of the permit for the remodel or renovation of a
building is equal to or exceeds 50 percent of the market value of such building, then the entire building
shall comply with the Code provisions for new construction.
Exceptions:
1. This provision does not apply for permit valuations less than $209,000;
2. The Chief Building Official is authorized to accept less than the requirements for new construction if
substantial conformance to the requirements is found and the protection of life and property are
maintained.
3. This provision does not apply to projects meeting the criteria for cottage preservation pursuant to
Section 20.38.060(A)(3) and not located in a Special Flood Hazard Area per the latest revision of the
Federal Insurance Rate Map.
43
Proposed Local Coastal Program Amendment
21.38.060 Nonconforming Parking.
A. Residential. Where a residential structure or use is nonconforming only because it does not conform to the
off-street parking requirements of this Implementation Plan, the following provisions shall apply:
1. Number of Spaces. A residential development having less than the required number of
parking spaces per dwelling unit shall be allowed the following repairs, alterations, and
additions:
a. Repair and maintenance, interior alterations, and structural alterations, as provided for
in Section 21.38.040(A) through (F);
b. Additions up to a maximum of ten (10) percent of the existing floor area of the
structure as provided in Section 21.38.040(G);
c. Any repair, maintenance, or additions shall not result in loss of existing parking
spaces; and
d. Required parking shall be provided where feasible.
2. Dimensions or Type of Parking Spaces. Residential developments that are nonconforming
because they do not have the required type of covered or enclosed parking spaces or because
amendments to this Implementation Plan have changed the dimensions of required parking
spaces subsequent to the original construction of the structure may be altered or expanded as
follows:
a. All improvements and expansions allowed under subsection (A)(1) of this section;
b. Additions larger than those allowed under subsection (A)(1) of this section may be
allowed subject to the approval of a coastal development permit.
3. Alley Access. Where applicable, residential development involving repairs, alterations, and
additions to residential development having less than the required number of parking spaces
per dwelling unit shall provide alley access to parking area if it would result in additional public
street parking.
44
4. Exception for Cottage Preservation. Notwithstanding the provisions of subsections (A)(1)
and (A)(2) of this section, additions of up to fifty (50) percent of the existing floor area of the
structure are permitted for projects that remodel and expand a smaller residential dwelling or
structure representative of the traditional development patterns in the City, result in the
preservation of the cottage character, and comply with the following criteria:
a. The floor area of any addition, together with the floor area of the existing structure,
shall not exceed the allowed maximum floor area for the coastal zoning district;
b. The addition shall comply with all applicable development standards and use
regulations of this Implementation Plan;
c. The square footage of residential parking area additions identified below shall be
excluded from the allowed expansion under subsection (A)(4), but shall be included as
gross floor area;
Required Parking Maximum Excluded Area
One-car garage 200 square feet, maximum
Two-car garage 400 square feet, maximum
Three-car garage 600 square feet, maximum
d. The height of the resulting structure shall not exceed the following, regardless of roof
pitch:
i. Front half of lot: one story and 16 feet; and
ii. Rear half of lot: two stories and 24 feet.
e. The residential structure shall not include third floor deck; and
f. The addition complies with the limitations of Section 21.38.040(G)(1).
45
INTENTIONALLY BLANK PAGE46
Attachment No. PC 6
Coastal Zone Map
47
INTENTIONALLY BLANK PAGE48
TSBanning RanchDeferred Certification AreaNewport Coast Segment(Not A Part)RM-CRM-CRM-CRM-CCity of Newport Beach, California ICoastal Zone 00.450.90.225MilesLegendLocal Coastal Plan BoundaryCity BoundaryCoastal Zone AreaCoastal_Zone_Featured_Areas.mxd November/200849
October 15, 2019
To: Planning Commissioners, City Council, City Planning Department
Ref. Planning Commission Public Hearing October 17, 2019
Cottage Preservation Code and LCP Amendments (PA2019-181)
Code Amendment No. CA2019-006
Local Coastal Program Amendment No. LC2019-004
Subject: Comments to Staff Report and Proposed Amendments
Planning Commissioners, et al,
Regarding the proposed Cottage Preservation Code and LCP Amendments (PA2019-181), hereafter called
the “Amendments”, the Staff Report seems insufficient as it does not address the consequences of
implementing the proposed Amendments in detail. Street parking in the areas in question (Balboa Island,
Corona Del Mar, Balboa Peninsula, etc) is already severely impacted as result of grandfathered on-site
parking inadequacy and already granted local business parking waivers. To better understand the parking
impact to the local communities the evaluation should provide a comprehensive list of all the properties that
could qualify as a Cottage Preservation project under the proposed Amendments including the off-street
parking availability for each and all the properties and the cumulative parking impact for the specific areas.
Additionally, in reaching out to the Public, it should be done separately for each local community. If, for
example, the Balboa Island residents strongly support the Amendments but the Balboa Peninsula
residents do not then the Amendments should be approved just for Balboa Island and not for the
other local communities.
I have several concerns regarding the proposed Amendments as follows:
1.Cottage Definition and Establishing a Related Maximum Square Footage
From Oxford, a Cottage is a “small simple house”. So what is considered small by Newport Beach
coastal community standards?
In Corona Del Mar, for the last two decades, many lots have been developed into two-unit dwellings
(condos). Most of them have a 3 BRs, 2-1/2 BAs “Front Unit” of about 1,800~1,900 sq ft (plus a 200 sq
ft single car garage and a carport) and a 2 BRs, 2-1/2 BAs “Back Unit” of about 1,150~1,250 sq ft (plus
a 200 sq ft single car garage and a carport).
In the Balboa Peninsula, many 25’ wide lots have been developed into two-unit dwelling, which can be
around 1,650 sq ft (plus a 200 sq ft single car garage and a carport) each and typically have 3 BRs, 2-
1/2 BAs. And they are, per coastal Newport Beach standards, very nice in size and very livable.
Page 5 of the Staff Report states that, “for example, a one-story dwelling on a typical Corona Del Mar lot
(30’x118’) may measure approximately 2,200 square feet in area”. That means said dwelling would be
allowed to add 1,100 sq ft in area on a second floor (50% of the existing dwelling area) resulting in a
final 3,300 sq ft dwelling after the Cottage Preservation project is completed. Such a dwelling size, by
“beach cottage” standards is not small… in fact it is huge! (please refer to pr evious paragraphs above).
Why should we allow this property owner to increase their property size to 3,300 sq ft and not have them
provide the off-street parking requirement for two vehicles?
Planning Commission - October 17, 2019
Item No. 4a Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
An existing 2,200 sq ft dwelling is already larger than many typical dwellings in Corona Del Mar or the
Balboa Peninsula so it is “livable” already. For said reason, I respectfully recommend the proposed
Amendments to be applied only to existing dwellings of smaller square footage. For example,
existing dwellings with a maximum size of 1,500 sq ft in area. That would allow the dwellings area
to be increased to a total of 2,250 sq ft, which is more than livable. The additional 750 sq ft area is more
than enough to accommodate a master bedroom with a master bathroom, a hallway and stairs to reach
a second floor.
As an option, for existing dwellings larger than 1,500 sq ft in area instead of using a 50% maximum
development limit, a specific maximum square footage limit of, for example, 2,250 sq ft could be used.
In this case, an existing 1,700 sq ft dwelling could only build an addition of up to 550 sq ft (or 32.35% of
the existing dwelling area). An existing 1,900 sq ft dwelling could only build an addition of up to 350 sq
ft (or 18.42% of the existing dwelling area). And so on. Existing dwellings larger than ~2,045 sq ft
would then be allowed to build up to 10% of the existing dwelling area under the current codes without
qualifying for the Cottage Preservation Amendments.
2. Amendments Scope of Application – Single Unit versus Two Unit Dwellings per Lot
During the September 10, 2019 City Council Study Session, it was stated by a Council Member that the
proposed Amendments are meant to help, for example, a young small family afford a property in the
area (as their primary residence) and for them to be able to increase the dwelling size to make it livable.
First of all, for those of us – residents – who did not inherited a property in Newport Beach, we could not
afford to buy our first home in the coastal communities of Newport Beach 30 years ago so the difficulty
for young families to be able to afford a property in said areas of our city is not something new.
I can see the scenario described by the Council Member as possible, but the Amendments do not
address other possible scenarios. The Amendments are silent about the Cottage Conversion projects to
be applied to single-unit dwellings versus two-unit dwellings.
For two-unit dwellings the required off-street parking is for four vehicles total so with the proposed
Amendments implementation two-unit dwellings will be allowed to increase their dwelling size by 50%
without proper parking spaces. Why? In this case we are not talking about a family remodeling their
primary residence; once you have two units you certainly have a rental business at the property.
For the same example provided in Page 5 of the Staff Report, a one-story dwelling of 2,200 sq ft would
be allowed to increase size by 1,100 sq ft (50% of the existing dwelling area). Such area increase is a
lot more than what is needed to add a “master bedroom”. An unscrupulous property owner looking to
maximize their rental income could easily add four (4) bedrooms (i.e. 14’x12’, at ~170 sq ft each), a 70
sq ft bathroom plus a hallway and stairs to the second floor – with no extra off-street parking for the
additional tenants the dwelling would accommodate. For a two-unit dwelling we very much know one of
the units is going to be a rental unit. This is another reason to curtail the size of the qualifying existing
dwellings as addressed on Section 1 of this letter.
Due to the above described scenarios, I respectfully recommend the proposed Amendments to be
applied only to existing single-unit dwellings (to be kept as single-unit after the remodel) and
NOT to two-unit dwellings.
3. Amendments Deed Restriction – No Short Term Lodging Permit
Referring back to the “unscrupulous property owner” described in Section 2 of this letter, who could add
4 BRs and 1 BA to an existing dwelling without adding the normally required off-street parking spaces,
Planning Commission - October 17, 2019
Item No. 4a Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
the street parking impact could be worse if the dwelling has a Short Term Lodging Permit (STLP). Once
the extra bedrooms are added to a “vacation rental” then the local community will have extra people (i.e.
in this case at least 8 additional people) coming and going causing additional parking issues, etc.
Page 6 of the Staff Report states a Revocable Deed Restriction is to be recorded as a legal measure for
the current property owner, and future owners, to agree to “maintain the property consistent with the
limitations specified for cottage preservation”.
An additional restriction that I consider extremely important, and I respectfully recommend herein, is for
the Revocable Deed Restriction to include the current property owner, and future owners,
agreement to not operate the property as a vacation rental. No STLP should be issued for a
property that is redeveloped as part of the proposed Amendments. If the existing dwelling has a
current STLP then as part of the Cottage Preservation qualification process said STLP should be
revoked.
4. Further Clarification of “Front half of lot: one story and 16 feet”
Page 4 of the Staff Report shows “Front half of lot limited to one story and a maximum height of 16 feet”
as one of the building envelope limits for cottage preservation eligibility.
My interpretation of such statement is that, in the front half of the lot, since it is labeled as one story then
a second floor deck will not be allowed. It would be best if the Amendments clearly stated/added, after
“The residential structure shall not include third floor deck”, the following wording “and shall not include a
second floor deck in the front half of lot”. Such statement would leave no room for interpretation.
Additionally, I have seen properties with a steep roof pitch that – from the outside - appear to be a single
level. However, when you walk inside the dwelling it has an extensive loft inside creating significant
additional living space (on a second floor). These are dwellings with a 16 foot roof ridge/line. This
scenario is even more plausible when the roof line has dormers. Consequently, how is this potential
scenario addressed as part of the proposed Amendments?
I truly hope the concerns raised in this letter are seriously considered for incorporation into the final draft of
the proposed Amendments prior to their approval. If you have any questions about this letter please do not
hesitate to contact me.
Sincerely,
Carmen Rawson
Resident Balboa Peninsula
949-278-2447 Cell
carmen_rawson@att.net
Planning Commission - October 17, 2019
Item No. 4a Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
From:Murillo, Jaime
To:Lee, Amanda; Rodriguez, Clarivel
Subject:FW: Planning Commission Public Hearing October 17, 2019 - Cottage Preservation Code and LCP Amendments
(PA2019-181)
Date:Wednesday, October 16, 2019 1:50:35 PM
From: dan.j.burt@gmail.com <dan.j.burt@gmail.com>
Sent: Wednesday, October 16, 2019 12:15 PM
To: 'Carmen Rawson' <carmen_rawson@att.net>; Zak, Peter <pzak@newportbeachca.gov>;
Weigand, Erik <eweigand@newportbeachca.gov>; Lowrey, Lee <llowrey@newportbeachca.gov>
Cc: Dept - City Council <CityCouncil@newportbeachca.gov>; Murillo, Jaime
<JMurillo@newportbeachca.gov>; Campbell, Jim <JCampbell@newportbeachca.gov>; Jurjis,
Seimone <sjurjis@newportbeachca.gov>; 'Fred Levine' <fredric.mark.levine@gmail.com>; 'Denys
Oberman' <dho@obermanassociates.com>; 'Maureen Cotton' <mcotton@integrated8a.com>;
cbatley@burrwhite.com; 'Joan Burt' <quinnburt@aol.com>; 'Dr. Peter G. Anderson'
<peteermd@roadrunner.com>
Subject: RE: Planning Commission Public Hearing October 17, 2019 - Cottage Preservation Code and
LCP Amendments (PA2019-181)
Dear Planning Commissioners,
As a resident of the Balboa Peninsula, 1713 W Balboa Blvd., I fully support Carmen
Rawson’s letter’s recommendations on the proposed Amendments. I am particularly concerned that
expanding the property to a two family unit or short (or long) term rental is a real risk and must be
prevented. Make sure the cottage remains a single family home. Also the 1500 sq ft limit on
“cottage” makes much more sense.
Parking on the peninsula, as you well know, is a real problem and allowing expansion
without adding parking doesn’t help. Please be very careful with your “cottage” exemption.
With kind regards
Dan Burt
From: Carmen Rawson <carmen_rawson@att.net>
Sent: Tuesday, October 15, 2019 10:47 PM
To: Peter <pzak@newportbeachca.gov>; Erik <eweigand@newportbeachca.gov>; Lee
<llowrey@newportbeachca.gov>
Cc: Dept - City Council <citycouncil@newportbeachca.gov>; Jaime Murillo
<jmurillo@newportbeachca.gov>; Jim Campbell <jcampbell@newportbeachca.gov>; Seimone Jurjis
<sjurjis@newportbeachca.gov>; Fred Levine <fredric.mark.levine@gmail.com>; Denys Oberman
<dho@obermanassociates.com>; Maureen Cotton <mcotton@integrated8a.com>;
cbatley@burrwhite.com; Dan Burt <dan.j.burt@gmail.com>; Joan Burt <quinnburt@aol.com>; Dr.
Peter G. Anderson <peteermd@roadrunner.com>
Subject: Planning Commission Public Hearing October 17, 2019 - Cottage Preservation Code and LCP
Amendments (PA2019-181)
Planning Commissioners,
Planning Commission - October 17, 2019
Item No. 4b Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
As a resident of Newport Beach (Balboa Peninsula) I have concerns regarding the proposed subject
Amendments. Attached please find a letter detailing my concerns about approving Cottage Preservation
projects for already large dwellings (per coastal Newport Beach standards), for two-unit dwellings, and for
dwellings with Short Term Lodging Permits.
Please take into consideration my concerns when reviewing the proposed Amendments and hopefully
some of the raised issues can be addressed prior to the final draft of the Amendments is approved.
Sincerely,
Carmen Rawson
Planning Commission - October 17, 2019
Item No. 4b Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
From:Murillo, Jaime
To:Rodriguez, Clarivel; Lee, Amanda
Subject:Fw: Comments re proposed Cottage Preservation plan and Amendments to LCP
Date:Wednesday, October 16, 2019 7:05:13 PM
From: Denys Oberman <dho@obermanassociates.com>
Sent: Wednesday, October 16, 2019 4:18:07 PM
To: Murillo, Jaime; Campbell, Jim
Cc: Denys Oberman; Fred Levine
Subject: Comments re proposed Cottage Preservation plan and Amendments to LCP
PLEASE DISTRIBUTE TO THE PLANNING COMMISSION AND THE CITY COUNCIL, AND ENTER
INTO THE PUBLIC RECORD---
Members of the Planning Commission ,
We are writing to comment on the staff proposal regarding Cottage preservation and the LCP
Amendment being presented and heard by the Commission. I am on the Board of the Central
Penninsula Community Association, and am also an oceanfront homeowner.
We appreciate the City’s deserve to “preserve” more modest Cottage type structures. However, the
proposed Amendment , if adopted in current form, actually works counterproductive to the stated
intent.
The proposal provides for a Cottage to be expanded to 3000 sq ft. , a full 3-4 bedroom residence. It
also provides parking exception for a two unit development. This scale of development creates
significant intensification---there can be no legitimate justification to except this type of
development and intensity of use from requirement to provide Parking On-site. Units of this size will
include 3 or more bedrooms, or, in the case of two units, 6 or more bedrooms.
The City is already capacity-stressed in the multiple neighborhoods with narrow , small lots and
already- limited Parking. This is not confined to the Balboa Penninsula—it is also the case in Corona
del Mar flower street area, Balboa Island, and other Non-subdivision developed residential areas of
the City.
As a City, we are approaching the point of interfering with Life Safety vehicle and resident
ingress/egress in many of these areas.
Furthermore, to encourage the development of Housing stock without Parking is to ultimately
decrease both the value of these properties, and the character of our residential neighborhoods.
The Parking problem is further compounded by the City’s push to increase Visitor traffic, and the
demand for visitor type accomodations which include STL. ( note- we are in favor of encouraging the
City’s Visitor-based revenue stream, but not at the expense of our residents or the communities
which give this City its brand and long-term traction.)
Planning Commission - October 17, 2019
Item No. 4c Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
We are in agreement with the comments of other Penninsual residents. However, we do not agree
that mitigation should only be directed to the Balboa Penninsula neighborhoods.
Respectfully, let’s call a spade a spade.
Please do not use the “Cottage preservation” concept or intent for the purposes of enabling yet
another way around Parking as an integral and essential part of our residential land use
development and project approval.
Our General Plan carefully crafted and called out the tenets when it said that, Each Development
Project should park itself.
This is already a challenge.
Please do not excacerbate an already- existing challenge.
Do not allow any residential development project increases living area footprint that does not
provide a reasonable on-site Parking plan.
The City will have to accommodate its residents somehow if it moves forward with this proposal.
This has been a challenge on the plate for many years, and the City has not provided a meaningful
solution.
We request that this Proposal not be accepted in its current form or substance, and that the City not
take any further action in the name of “Cottages” and “LCP Amendment” until it is adequately
thought through.
Thank you,
Denys Oberman and
Fred Levine- Oceanfront resident and Board Member of Central Penninsula Community Association.
Cc: Associations and Residents of the above referenced communities.
………………………………………………………………………………………………………
NOTE- Please disregard the Confidentiality Notice and preprinted corporate signature below.
Planning Commission - October 17, 2019
Item No. 4c Additional Materials Received
Cottage Preservation Code and LCP Amendments (PA2019-181)
Cottage Preservation
Proposed Code Amendments
Planning
Commission
October 17, 2019
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Background
In May 2019, City Council initiated Code
amendments and directed staff to:
1.Reduce third floor massing;
2.Reduce height and bulk of single-unit dwellings and
duplexes in Multiple Unit Residential (RM) Zoning
Districts; and
3.Incentivize the preservation of beach cottages.
Community Development Department -Planning Division 2
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Third Story
and Massing
Problem
Community Development Department -Planning Division 3
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Loss of
Cottages
Problem
Community Development Department -Planning Division 4
1937 Cottage 2014 Redevelopment
Cottage Redevelopment
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Loss of
Cottages
Problem
Community Development Department -Planning Division 5
Cottage Block Redeveloped Block
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Community
Meeting
August 19, 2019
Comments related to cottage preservation:
1.More difficult to remodel and preserve cottage
than to rebuild new;
2.Incentive-based ordinance versus firm restriction of
property rights; and
3.Increased additional floor area for nonconforming
structures appropriate if it discourages cottage tear
downs .
Community Development Department -Planning Division 6
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Community Development Department -Planning Division 7
What is a
cottage?
Smaller residential structures, one or two-unit developments
Representative of traditional development patterns
Typically one story, except for small second story above parking in rear
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Community Development Department -Planning Division 8
Amendment B
Cottage Preservation
Why we are losing beach cottages?
Nonconforming Parking
Additions to existing homes limited to 10%
Building Code limitations
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Side View
1st Floor
Proposed Incentives
Increase allowed additions for nonconforming structures due to parking from
10% to 50%
Exempt from Building Code valuation thresholds that trigger full Building Code
compliance (*not applicable in special floor hazard area)
10%
25
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Side View
1st Floor
2nd Floor
50%
16’ max
Rear half of lot
24’ max
25
What qualifies for cottage preservation?
•16’ max single-story
•24’ max 2nd story
•2nd story limited to rear half
•No third floor
•No third floor decks
•Deed restriction
Form Based
Qualifications
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Community Development Department -Planning Division 11
Cottage
Preservation
Example
Before
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Community Development Department -Planning Division 12
Cottage
Preservation
Example
After
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Community Development Department -Planning Division 13
Cottage
Preservation
Example
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Comments
Received
Parking
Large additions
possible
Community Development Department -Planning Division 14
Staff Response
1.Nonconforming parking limitations an impediment
2.Must still fit form-based building envelope
3.Flexibility needed to allow for a realistic alternative
Options
1.Reduce 50% allowable addition;
2.50% addition, but no more than 750 sf; or
3.Limit total floor area to 75% of maximum allowable
Typical CDM lot allows 3,348 sf (2,511 sf limit)
Typical Balboa Island lot allows 2,720 sf (2,040 sf limit)
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Comments
Received
Apply only to
single-family
dwellings
Staff Response
1.Many cottage developments consist of 2 units and in some cases 3 units
2.Agree should not apply to 4 or more unit developments
3.Recommend revising code to apply 1-3 unit projects
Community Development Department -Planning Division 15
Cottage Duplex on Fourth St
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Comments
Received
Preclude Short-
Term Rental Use
Staff Response
1.Recommend revising code language to preclude
through deed restriction
Community Development Department -Planning Division 16
Short-Term Lodging on Balboa Island
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Comments
Received
Preclude 2nd Floor
Deck
Staff Response
1.Decks are common amenities
2.As proposed, 2nd floor deck allowed provided under
16 feet total height
Community Development Department -Planning Division 17
Cottage with 2nd Floor Deck
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Recommended
Action
Adopt Resolution No. PC2019-033 (Code
Amendment)
Adopt Resolution No. PC2019-034 (LCP
Amendment)
Recommend further modifications:
Prohibit Short-Term Rentals
Applicability (1-3 unit projects)
Optional: Limit area/percentage of addition
Community Development Department -Planning Division 18
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Next Steps
City Council review
Submit LCP Amendment to
California Coastal Commission (CCC)
City Council adoption after CCC
approval
Community Development Department -Planning Division 19
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)
Jaime Murillo, AICP
Principal Planner
949-644-3209
jmurillo@newportbeachca.gov
Community Development Department -Planning Division 20
Thank you!
Planning Commission - October 17, 2019
Item No. 4d Additional Materials Presented At Meeting by Staff
Cottage Preservation Code and LCP Amendments (PA2019-181)