HomeMy WebLinkAbout2022-28 - Adopting Local Coastal Program Amendment No. LC2019-003 as Modified by the California Coastal Commission Amending Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to the Transfer of DevelopORDINANCE NO. 2022-28
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2019-003 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
AMENDING TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO THE TRANSFER
OF DEVELOPMENT RIGHTS (PA2019-154)
WHEREAS, Section 200 of the City of Newport Beach ("City") 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, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Coastal Land Use Plan"), which has been amended
from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City's Local Coastal Program Implementation Plan on January
13, 2017, and the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, amendments to Title 21 (Local Coastal Program Implementation
Plan) ("Title 21 ") and the Coastal Land Use Plan are necessary to allow for the transfer
of development rights consistent with General Plan Land Use Element Policies Nos. LU
4.3 and 6.14.3 and Chapter 20.46 (Transfer of Development Rights) of the Newport
Beach Municipal Code ("NBMC"),
Ordinance No. 2022-28
Page 2 of 8
WHEREAS, the Planning Commission held a public hearing on August 22, 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. 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 Planning Commission at this public hearing;
WHEREAS, at the conclusion of the hearing , the Planning Commission adopted
Resolution No. PC2019-026 by a unanimous vote (7 ayes, 0 nays), recommending
approval of Local Coastal Program Amendment No. LC2019-003 to the City Council;
WHEREAS, pursuant to Title 14 of the California Code of Regulations Section
13515 ("Section 13515"), drafts of Local Coastal Program Amendment No. LC2019-003
were made available and distributed at least six weeks prior to final action;
WHEREAS, the City Council held a public hearing on October 8, 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 Ralph
M. Brown Act, Section 13515, 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;
WHEREAS, at the conclusion of the hearing, the City Council adopted
Resolution No. 2019-090 authorizing submittal of Local Coastal Program Amendment
No. LC2019-003 to the Coastal Commission by a unanimous vote (7 ayes, 0 nays);
WHEREAS, at its October 12, 2022, hearing, the Coastal Commission approved
and certified Local Coastal Program Amendment No. LC2019-003 with modifications
(LCP-5-NPB-21-0036-1 Part D) as being consistent with the California Coastal Act; and
WHEREAS, the City Council held a public hearing on November 29, 2022, 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 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 ordains as
follows:
Ordinance No. 2022-28
Page 3 of 8
Section 1: The City Council hereby adopts Local Coastal Program
Amendment No. LC2019-003 and accepts the suggested modifications approved by the
Coastal Commission.
Section 2: Chapter 21.46 (Transfer of Development Rights) is added to Title
21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code
to read as follows:
Chapter 21.46
TRANSFER OF DEVELOPMENT RIGHTS
Sections:
21.46.010 Purpose.
21.46.020 Applicability.
21.46.030 General Requirements.
21.46.040 Procedures.
21.46.050 Findings.
21.46.010 Purpose.
This chapter provides procedures for the transfer of development rights from a property
to one or more other properties within the same Statistical Area.
21.46.020 Applicability.
The provisions of this chapter shall apply within all coastal zoning districts.
21.46.030 General Requirements.
A. Floor Area for a Donor Site. The maximum gross floor area allowed on a donor site
shall be reduced by the amount of the transfer of development intensity to the receiving
site.
B. Residential Uses. When the transfer of development rights involve residential units,
the transfer shall be on a unit -for -unit basis.
Ordinance No. 2022-28
Page 4 of 8
C. Prohibited Areas. Except for Statistical Area 1-1-Newport Center, the transfer of
development rights from a donor site outside the coastal zone to a receiver site within
the coastal zone is prohibited. The transfer of development rights from a site with a
Visitor Serving Commercial (CV) coastal zoning district designation to a non -CV coastal
zoning district shall be prohibited. The transfer of development rights from a site with a
CV coastal zoning district designation to any area outside of the coastal zone is
prohibited.
21.46.040 Procedures.
The following procedure shall be used for the transfer of development rights:
A. Application. The applicant shall submit a Coastal Development Permit application
to the Department that identifies the quantity of development (e.g., residential units,
floor area, hotel rooms, theater seats, etc.) to be relocated and the donor and receiving
site(s). If the requested transfer includes the conversion of nonresidential uses, the
application shall also identify the quantity of entitlement, by use category, before and
after the transfer. The Coastal Development Permit shall be processed in accordance
with Chapters 21.50 and 21.52.
B. Traffic Analysis. The City Traffic Engineer shall perform a traffic analysis to
determine the total number of p.m. peak hour trips that would be generated by
development allowed with and without the transfer. Trip generation rates shall be based
on standard trip generation values in the current version of the Institute of Traffic
Engineers "Trip Generation," unless the City Traffic Engineer determines that other
rates are more valid for the uses involved in the transfer.
C. Detailed Traffic Analysis. Depending on the location of the donor and receiving
site(s), the City Traffic Engineer may determine that a more detailed traffic analysis is
required to determine whether adverse traffic impacts will result from the transfer. This
analysis shall demonstrate whether allowed development, with and without the transfer,
would either cause or make worse an unsatisfactory level of service at any primary
intersections for which there is no feasible mitigation.
D. Land Use Intensity Analysis. If the transfer request involves the conversion of uses,
the Director shall perform a land use intensity analysis to determine the floor area that
could be developed with and without the transfer.
Ordinance No. 2022-28
Page 5 of 8
E. Council to Consider. Applications for transfer of development rights shall be
considered by the Commission with a recommendation to the Council. The Council may
approve a transfer of development rights only if it makes all of the findings in Section
21.46.050.
F. Legal Assurances. A covenant or other legally binding agreement approved by the
City Attorney shall be recorded against the donor site assuring that all of the
requirements of the transfer of development rights will be met by the current and future
property owners.
21.46.050 Findings.
When approving a coastal development permit authorizing a transfer of development
rights within Newport Center (Map A-15), the Council shall only make findings set forth
in (B) and (E) below. In all other areas, the Council shall make all of the following
findings:
A. The reduced density/intensity on the donor site provides benefits to the public, in
furtherance of the provisions of the LCP, in one of the following ways:
1. The provision of extraordinary open space, area(s) for new or expanded
habitat restoration, public view corridor(s), public coastal access, increase
parking, or other visitor -serving amenities, in addition to what is already required
by the LCP;
2. Preservation of natural resources, a historic building, or a property with
special character -defining features that contribute to the visual qualities and
special community character of areas such as Balboa Village or McFadden
Square, that, because of their unique characteristics are popular visitor -serving
areas;
3. Improvement of the area's scale and development character;
4. Reduction of local vehicle trips and traffic congestion;
5. More efficient use of land, such as consolidation of lots to achieve a greater
visitor -serving use, or a better architectural design than could be achieved
without lot consolidation;
Ordinance No. 2022-28
Page 6 of 8
6. Dedication or use of existing or proposed private parking lots for public
use/access to the coast;
7. Preservation of marine -dependent uses and industries such as shipyards
and boat storage facilities; and
8. Incentivization of planned retreat and dedication of open space as an
adaptive strategy for coastal hazard risks, such as sea level rise.
B. The transfer of development rights will not result in any adverse traffic impacts and
would not result in greater intensity than development allowed without the transfer, and
the proposed uses and physical improvements would not lend themselves to conversion
to higher traffic generating uses;
C. The increased development potential transferred to the receiving site will be
compatible and in scale with surrounding development and will not create abrupt
changes in scale or character;
D. The receiving site is physically suitable for the development proposed taking into
consideration adjacent circulation patterns, protection of significant public views and
open space, and site characteristics, including coastal hazard risks, any slopes,
submerged areas, and sensitive resources; and
E. The transfer of development rights decision is consistent with the Coastal Land
Use Plan and does not result in any significant adverse impacts to public access, public
views, sensitive coastal resources, or "Sensitive Coastal Resource Areas."
Section 3: Area Map A-15 - Newport Center is added to Section 21.80.010
(Area Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport
Beach Municipal Code, which is attached hereto and incorporated herein by reference
as Exhibit "A."
Section 4: The LCP, including Local Coastal Program Amendment No.
LC2019-003, will be carried out fully in conformity with the California Coastal Act.
Section 5: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive part of this ordinance.
Ordinance No. 2022-28
Page 7 of 8
Section 6: The City Council hereby authorizes City staff to submit this
ordinance for a determination by the Executive Director of the Coastal Commission that
this action is legally adequate to satisfy the specific requirements of the Coastal
Commission's October 12, 2022, action on LCP Amendment Request No. LCP-5-NPB-
21-0036-1 Part D (Transfer of Development Rights).
Section 7: This ordinance shall not become effective for thirty days after
adoption and until the Executive Director of the Coastal Commission certifies that this
ordinance complies with the Coastal Commission's October 12, 2022, action on LCP
Amendment Request No. LCP-5-NPB-21-0036-1 Part D (Transfer of Development
Rights).
Section 8: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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 9: The City Council finds this action is exempt from environmental
review under the California Environmental Quality Act ("CEQA") pursuant to 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"). This action is also exempt under CEQA Guidelines Section 15061(b)(3),
which states 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. Local Coastal Program
Amendment No. LC2019-003 itself does not authorize development that would directly
result in physical change to the environment.
Section 10: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Ordinance No. 2022-28
Page 8 of 8
Section 11: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414 and the same shall become final and
effective as provided in Section 7 of this ordinance.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 29th day of November, 2022, and adopted on the 13th
day of December, 2022, by the following vote, to -wit:
AYES: Mayor Muldoon Mayor Pro Tern Blom, Council Member Avery
Council Member Brenner, Council Member Duffield, Council Member
O'Neill
NAYS:
ABSENT:
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
z 't'' C ff c�•-__—
RON C. HARP, CITY ATTORNEY
Exhibit A: Area Map A-15 — Newport Center
Exhibit A
U-M I
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; that the foregoing ordinance, being Ordinance
No. 2022-28 was duly introduced on the 291h day of November, 2022, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 13'h day of December, 2022, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery, Council
Member Joy Brenner, 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 14th day of December, 2022.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
� C
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2022-28 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: December 3, 2022
Adopted Ordinance: December 17, 2022
In witness whereof, I have hereunto subscribed my name this Od
day of December, 2022.
our ►1 M11
Leilani I. Brown, M"C
City Clerk
City of Newport Beach, California
Lif'CyRr'i