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HomeMy WebLinkAbout2021-97 - Authorizing Submittal of Local Coastal Program Amendment No. LC2020-001 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Correcting Setback Map ErrorsRESOLUTION NO. 2021-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-001 TO THE CALIFORNIA COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE CORRECTING SETBACK MAP ERRORS (PA2020-006) WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation Plan) is necessary to correct identified errors to various setback maps ("LCP Amendment"); WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan as amended from time to time including most recently on September 14, 2021, via City Council Resolution No. 2021-79; WHEREAS, 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 City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit - issuing authority on January 30, 2017; WHEREAS, both Title 20 (Planning and Zoning Code) ("Title 20") and Title 21 (Local Coastal Implementation Plan) of the NBMC incorporate a series of maps that provide minimum setbacks for various, but not all, blocks throughout the City; Resolution No. 2021-97 Page 2 of 5 WHEREAS, the practice began in 1943 as a way to recognize existing and varying conditions that did not match the citywide default front yard setback standard of 20 feet; WHEREAS, the current setback maps are the descendants of the original 1943 maps (previously called districting maps), and several of them contain errors and omissions that occurred when the districting maps were converted into the current setback maps as part of the 2010 comprehensive update to Title 20 (Planning and Zoning); WHEREAS, in 2017, the California Coastal Commission certified Title 21 (Local Coastal Implementation Plan), which incorporated the same setback maps for properties located within the coastal zone; WHEREAS, application of the incorrect setbacks results in development standards that are inconsistent with the existing pattern of development and several homes being considered nonconforming, which subjects these homes to additional development regulations affecting additions and remodels and a loss of buildable area; WHEREAS, the Zoning Code and LCP Amendments serves to clarify the correct location these setbacks are measured from, such as a vacated right-of-way line or bulkhead line, to maintain the existing pattern of development on a block, to correct identified errors in the setback maps and re-establish setbacks consistent with the original districting maps and existing pattern of development; WHEREAS, on April 23, 2019, the City Council initiated the LCP Amendment under City Council Resolution No. 2019-41; WHEREAS, pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5, drafts of LCP Amendment No. LC2020-001 were made available and a notice of availability was distributed at least six weeks prior to the City Council public hearing; Resolution No. 2021-97 Page 3of5 WHEREAS, the Planning Commission held a public hearing on July 22, 2021, 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 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2021-021 by a unanimous vote (4 ayes, 0 nayes) recommending to the City Council approval of Local Coastal Program Amendment No. LC2020-001; and WHEREAS, the City Council held a public hearing on October 12, 2021, 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 Ralph M. Brown Act and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby authorize City staff to submit Local Coastal Program Amendment No. LC2020-001, amending Setback Map Nos. S -1A— West Newport, S -2A — Balboa Peninsula, S -2E — Balboa Peninsula, S -2F — Balboa Peninsula, S - 2G - Balboa Peninsula, S-6 — Bay Shores, S-8 — Harbor Island, S-1 OA — Corona del Mar, S - 10B — Corona del Mar, and S -10D — Corona del Mar contained within NBMC Section 21.80.040 (Setback Maps) as set forth in Exhibit "A," which is attached hereto and incorporated herein by reference, to the California Coastal Commission for review and approval. Section 2: Local Coastal Program Amendment No. LC2020-001 shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Section 3: The Local Coastal Program including Local Coastal Program Amendment No. LC2020-001, will be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 et seq. Resolution No. 2021-97 Page 4of5 Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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. Section 6: The City Council finds the LCP Amendment is exempt pursuant to California Environmental Quality Act ("CEQA") Section 15061(b)(3), of Title 14, Division 6, Chapter 3 of the California Code of Regulations ("CEQA Guidelines") the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The LCP Amendment corrects errors in setback maps that are inconsistent with historically established setbacks and generally reflects setbacks that are consistent with existing development on the affected lots. The LCP Amendment does not authorize any new development that would directly result in physical change to the environment. Additionally, 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. Resolution No. 2021-97 Page 5 of 5 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of October 2021. or Cayor d � very ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A&oA C. Harp City Attorney Attachment(s): Exhibit A- Title 21 Setback Map Revisions .�., ,� , ! ~ S ! �r / �) F !" � yrs �> r �� �; Y � S -2A - Balboa Peninsula setback Map 0 �N N N Co CD S -2E - Balboa Peninsula Setback Map S -2F - Balboa Peninsula Setback Map oZi ttii,, t4 "4.. -iawe y 3 N O I V V A r�r � a.4 1e0 3 i B .KBT•_ _ � p � lai m 10 O O y A u �N K 1 ORT - - r t l/ f S v 4jh �',+ H� :tpl Ipt,. 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S-1 OA -Corona del Mar Setback Map 1®4W® t S-1 OB -Corona del Mar setback Map O Cn m O O GLEN UN RI, o m = d n c D 3 M.'' •r n w, '60 3 . a a g o 7 O N LD CD �� G O 0 Cn 120k t�. G IEO SNORES RD 0 _ n m n w y 0 m m x as a.,AY31 S-1 OD -Corona del Mar Setback Map STATE OF CALIFORNIA } COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2021-97 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of October, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 1311 day of October, 2021. dif r Leilani I. Brown City Clerk Newport Beach, California