HomeMy WebLinkAbout10 - Local Coastal Program Clean-up Amendment - Staff MemoMemorandum
CITY OF NEWPORT BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
100 Civic Center Drive
Newport Beach, California 92660
949 644-3200
newportbeachca.gov/communitydevelopment
To: Honorable Mayor Muldoon and Members of the City Council
From: Kimberly Brandt, Community Development Director
Date: July 10, 2017
Re: City Council Agenda Item No. 10 (LCP Amendments) — Height Limit
Exceptions
Of the several amendments proposed to the City's certified Local Coastal Program
(LCP), one is directed to the Shoreline Height regulations.
Since 2010, the Zoning Code has included provisions that allow its maximum
height limits to be exceeded through the adoption of a planned community (PC). A
similar provision was included in the draft LCP submitted to the California Coastal
Commission (Coastal Commission). However, the Coastal Commission modified
the LCP to set an absolute 35 -foot height limit in the Shoreline Height Limitation
Zone (see attached map), with exceptions for the Marina Park lighthouse feature
and the Lido House Hotel. One of the proposed LCP amendments (See
Amendment No. 3 of Table in the Staff Report) would restore this provision by
allowing the incorporation of planned community height limits into the LCP through
an LCP amendment approved by the City and certified by the Coastal Commission.
The Planning Commission received comments from Mr. James Mosher and Still
Protecting Our Newport (SPON) expressing concerns regarding the portion of the
LCP amendment would allow a planning community to exceed the Shoreline
Height Limit of 35 feet. However, the Planning Commission recommendation is to
adopt the LCP amendments as proposed. Should the City Council choose to
modify or remove the provision relating to planned community height limits, staff
recommends continuing Item No. 10 to the July 25, 2017 City Council meeting to
allow time to revise the amendments accordingly.
Another area of concern is related to the proposed height limit exception regarding
governmental facilities. Zoning Code Section 20.10.040 currently allows the City
Council to exempt specific City -implemented projects from Zoning Code
regulations. However, there is no corresponding provision in the LCP. The
proposed new Implementation Plan Section 21.30.060(D)(16) corrects this by
allowing government structures to exceed the height limit subject to the approval
of a coastal development permit, if the increase in height is necessary for the
facility to function. Examples include lifeguard towers, tsunami -warning sirens and
architectural design features that accommodate emergency vehicles or essential
equipment (i.e., such as for a fire station).
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