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HomeMy WebLinkAboutPA2019-181_20200410_Part A_Cottage Preservation Request to CoastalPart A Local Coastal Program Amendment No. LC2019-004 Cottage Preservation Request to amend both the Coastal Land Use Plan (Policy 2.9.3-8) and the Implementation Plan (Section 21.38.060 – Nonconforming Parking) of the City’s Local Coastal Program to provide a voluntary option for homeowners seeking to remodel, but preserve traditional beach cottages. Purpose Typically, cottages do not provide all the code-required parking and as a result, additions are limited to 10 percent of the existing floor area. This design constraint has resulted in property owners choosing to demolish older cottages and redevelop properties with new, larger, three-level homes that maximize the allowable building envelope. As an alternative, the amendment would allow larger additions (up to 50 percent of the existing floor area or a maximum of 750 square feet) to nonconforming residential structures consisting of three-units or less 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 (i.e., one-story and 16 feet high within front half of lot and two-story, 24 feet high within rear half of lot). To ensure this building envelope is retained and the property owner doesn’t subsequently add additional floor area that violates the prescribed building envelope, a deed restriction would be required. However, the deed restriction would not require that the cottage be preserved indefinitely. Should a property owner desire to redevelop the property in future, the deed restriction would allow redevelopment of the property in compliance with development standards in affect at the time, including providing code-required parking. Proposed Amendments Enclosure No. 26 includes the proposed changes to the LCP, including the revision to Policy 2.9.3-8 providing policy guidance for the cottage preservation incentive included in Section 21.38.060 of the Implementation Plan. Notice of Availability Pursuant to Section 13515 of the California Code of Regulations, review of the draft LCP amendment was made available and a Notice of Availability was distributed a minimum of six weeks prior to the City Council’s final action on January 28, 2020. The notice was sent to all persons and agencies on the Notice of Availability mailing list, posted on the City’s website, and made available for review at City Hall and City library locations. Public Participation The proposed LCP amendment, and related Zoning Code Amendment, underwent the public review process that included multiple noticed public hearings as follows: April 23, 2019 City Council Study Session May 14, 2019 City Council- Code Amendment Initiation August 19, 2019 Community Meeting – Noticed to Interested Parties September 10, 2019 City Council Study Session October 17, 2019 Planning Commission- Noticed Public Hearing November 21, 2019 Planning Commission- Continued Public Hearing January 28, 2020 City Council- Noticed Public Hearing February 11, 2020 City Council- 2nd Reading of Ordinance (Zoning Code Amendment) The project was presented to the Planning Commission on October 17, 2019, at a noticed public hearing and continued to November 21, 2017. At the conclusion of the November 21, 2019, hearing, the Planning Commission voted 5-1 to recommend approval of the proposed amendments to the City Council. The project then proceeded to the City Council where it was approved on January 28, 2020, and with a second reading of the ordinance related to the Zoning Code amendment on February 11, 2020. The hearings are listed as part of the recitals within the attached resolution approving the CLUP amendment. Notice of the public hearings was published in the Daily Pilot, the local adjudicated newspaper, as a 1/8 page ad. Copies of the proof of publication is attached. Environmental Review The amendment 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 amendment 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. Summary A full copy of the Planning Commission and City Council staff report, resolutions, ordinances, minutes, and public notices are attached. Enclosures: Project Resolutions/Ordinances 1. City Council Ordinance No. 2020-4 Adopting Zoning Code Amendment 2. City Council Resolution No. 2020-12 Authorizing Submission to CA Coastal Commission 3. Planning Commission Resolution No.2019-33 Recommending Approval of Zoning Code Amendment 4. Planning Commission Resolution No.2019-34 Recommending Approval of Local Coastal Program Code Amendment 5. City Council Resolution No. 2019-43 Initiating Amendments Public Hearing Staff Reports and Minutes 6. City Council Staff Report – February 11, 2020 7. City Council Minutes – February 11, 2020 8. City Council Staff Report – January 28, 2020 9. City Council Minutes – January 28, 2020 10. Planning Commission Staff Report – November 11, 2019 11. Planning Commission Minutes – November 11, 2019 12. Planning Commission Staff Report – October 17, 2019 13. Planning Commission Minutes – October 17, 2019 14. City Council Staff Report – September 10, 2019 15. City Council Minutes – September 10, 2019 16. City Council Staff Report – May 14, 2019 17. City Council Minutes – May 14, 2019 18. City Council Study Session Presentation – April 23, 2019 19. City Council Minutes – April 23, 2019 Public Notice Materials 20. City Council Notice and Proof of Publication – January 28, 2020 21. Planning Commission Notice and Proof of Publication – November 11, 2019 22. Planning Commission Notice and Proof of Publication – October 17, 2019 23. Community Meeting Courtesy Notice- August 19, 2019 24. Notice of Availability of LCP Amendment Other Materials 25. Correspondence 26. Proposed LCP Amendment – Policy and Regulations