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HomeMy WebLinkAbout03 - Local Coastal Program Amendments to the Coastal CommissionSEW PO CITY OF z NEWPORT BEACH �qI,FoaN'P City Council Staff Report September 12, 2017 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Patrick J. Alford, Planning Program Manager, Palford@newportbeachca.gov PHONE: 949-644-3235 TITLE: Authorize Submittal of Local Coastal Program Amendments to the Coastal Commission ABSTRACT: The City Council previously authorized staff to submit three major amendments to the City's certified Local Coastal Program (LCP) to the California Coastal Commission for review and approval. This request is to authorize submittal to these amendments as a single, consolidated amendment in order to comply with Coastal Act limits on the number of major amendments that are submitted each calendar year. RECOMMENDATION: a) Determine LCP Amendment No. LC2013-002 and No. LC2017-002 are statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(x)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act and LCP Amendment No. LC2017-003 is exempt from CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h); and b) Adopt Resolution No. 2017-56, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Submittal of Certified Local Coastal Program Amendments to the California Coastal Commission (PA2013-057, PA2017-047, and PA2007-069). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 3-1 Authorize Submittal of Local Coastal Program Amendments to the Coastal Commission September 12, 2017 Page 2 DISCUSSION: The City Council previously authorized staff to submit three LCP amendments to the California Coastal Commission (Coastal Commission) for review and approval: 1. Oceanfront Encroachment Program (LC2013-002) — Amendments to the Coastal Land Use Plan Policy 3.13 and the Implementation Plan Appendix C to establish an encroachment program for East Oceanfront. Authorized by City Council on July 25, 2017; 2. LCP Clean-up (LC2017-002) — Amendments to the Implementation Plan to include recently adopted City land use and property regulations that occurred while the LCP was under Coastal Commission review, as well City staff's recommended clarification of certain LCP administrative procedures. Authorized by City Council on July 11, 2017. 3. Accessory Dwelling Units (LC2017-003) — Amendments to the Implementation Plan to establish regulations permitting the development of Accessory Dwelling Units in single-family residential zoning districts. Authorized by City Council on July 25, 2017. Coastal Act Section 30514 (b) limits the number of proposed major LCP amendments that can be submitted to the Coastal Commission to three in any calendar year. However, there is no limitation on the number of amendments included in each submittal. During this calendar year, the City has submitted two major LCP amendments, one for the Lido House Hotel and one for 191 Riverside Drive. After discussions with Coastal Commission staff, it was determined that LCP Amendment Nos. LC2013-002 (Oceanfront Encroachment Program) and LC2017-003 (Accessory Dwelling Units) constitute major LCP Amendments. In addition, Coastal Commission staff determined that three components of LCP Amendment No. LC2017-002 (LCP Clean-up) were major LCP amendment while the remaining components were minor amendments. Therefore, it is necessary to consolidate these amendments to allow their submission to the Coastal Commission during this calendar year. The Coastal Act does not limit the number of minor amendments that can be submitted to the Coastal Commission each calendar year; therefore, staff will submit the remaining components of LCP Amendment No. LC2017-002 separately as a minor amendment. 3-2 Authorize Submittal of Local Coastal Program Amendments to the Coastal Commission September 12, 2017 Page 3 ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), LCP Amendment No. LC2013-002 and No. LC2017-002 are statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1) exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. LCP Amendment No. LC2017-003 is exempt from CEQA pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units would not be a "project" for CEQA purposes, and environmental review would not be required prior to approving individual applications. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution 3-3 Attachment A Draft Resolution 3-4 RESOLUTION NO. 2017-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF CERTIFIED LOCAL COASTAL PROGRAM AMENDMENTS TO THE CALIFORNIA COASTAL COMMISSION (PA2013-057, PA2017-047, and PA2017-069) WHEREAS, Section 30500 of the 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, the California Coastal Commission effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, on July 11, 2017, the City Council adopted Resolution No. 2017-45, which authorized the submittal of LCP Amendment No. LC2017-002 to the California Coastal Commission; WHEREAS, on July 25, 2017, the City Council adopted Resolution No. 2017-50 and Resolution No. 2017-51, which authorized the submittal of LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-003, respectively, to the California Coastal Commission; WHEREAS, Section 30514(b) of the California Coastal Act of 1976 restricts the number of submittals for proposed major LCP amendments to three in any calendar year, with no limitation on the number of amendments included in each submittal; WHEREAS, the California Coastal Commission has determined LCP Amendment No. LC2013-002, LCP Amendment No. LC2017-003, and a portion of LCP Amendment No. LC2017-002 (revisions to Implementation Plan Sections 21.30.015(E)(5), 21.38.040(6)(1) and the addition of new Implementation Plan Section 21.52.090) to be major LCP Amendments; WHEREAS, the City submitted two of the three major LCP amendments permitted during Calendar Year 2017; WHEREAS, the City Council determines it is necessary to consolidate LCP Amendment No. LC2013-002, LCP Amendment No. LC2017-003, and a portion of LCP Amendment No. LC2017-002 (revisions to Implementation Plan Sections 21.30.015(E)(5), 21.38.040(6)(1) and the addition of new Implementation Plan Section 21.52.090) to allow submission of these amendments to the California Coastal Commission in Calendar Year 2017; WHEREAS, public hearings were held by the City Planning Commission in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, on May 3-5 Resolution No. 2017 - Page 2 of 4 4, 2017 for LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-002 and on June 8, 2017, for LCP Amendment No. LC2017-003. WHEREAS, public hearings were held by the City Council in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, on July 11, 2017, for LCP Amendment No. LC2017-002 and on July 25, 2017, for LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-003. Notices of time, place and purpose of these public hearings were given in accordance with the NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at these public hearings; and WHEREAS, pursuant to California Code of Regulations Section 13515, review drafts of the LCP amendments were made available and a notice of the availability was distributed a minimum of six weeks prior the 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 the following LCP amendments to the California Coastal Commission for review and approval: 1. Oceanfront Encroachment Program (LC2013-002) — Amendments to the Coastal Land Use Plan Policy 3.13 and the Implementation Plan Appendix C to establish an encroachment program for East Oceanfront, as attached in Exhibit A (Resolution No. 2017-50) and incorporated herein by reference; 2. LCP Clean-up (LC2017-002) — Amendments to the Implementation Plan to: (i) revise Implementation Plan Section 21.30.015(E)(5) to provide consistent language regarding protective devices; (ii) revise Implementation Plan Section 21.38.040(G)(1) to permit expansion of nonconforming residential structures up to 75 percent with a coastal development permit; and (iii) add new Implementation Plan Section 21.52.090 to clarify regulations relating to modifications and variances, as attached in Exhibit B (Resolution No. 2017-45) and incorporated herein by reference; and 3. Accessory Dwelling Units (LC2017-003) — Amendments to the Implementation Plan to establish regulations permitting the development of Accessory Dwelling Units in single-family residential zoning districts, as attached in Exhibit C (Resolution No. 2017-51) and incorporated herein by reference. Section 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. 3-6 Resolution No. 2017 - Page 3 of 4 Section 3: The LCP, including the proposed amendments, will be carried out fully in conformity with the California Coastal Act. 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: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), LCP Amendment No. LC2013-002 and LCP Amendment No. LC2017-002 are statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1) exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. LCP Amendment No. LC2017-003 is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h), which states that the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code" relating to "granny" housing and "second unit ordinances" are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units would not be a "project" for CEQA purposes, and environmental review would not be required prior to approving individual applications. 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 September, 2017. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk 3-7 Resolution No. 2017 - Page 4 of 4 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ( -1 ron C. H rp City Attorne EXHIBIT A Resolution No. 2017-50 for LCP Amendment No. LC2013-002 3-9 RESOLUTION NO. 2017-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2013-002 ESTABLISHING THE EAST OCEAN FRONT ENCROACHMENT AND REMOVAL AND REPLACEMENT PROGRAM TO THE CALIFORNIA COASTAL COMMISSION (PA2013-057) WHEREAS, Section 30500 of the 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, the California Coastal Commission effectively certified the City of Newport Beach's (City) LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017. The LCP is comprised of the Coastal Land Use Plan (LUP) and Coastal Implementation Plan (IP); WHEREAS, LCP Amendment No. LC2013-002 creates a comprehensive encroachment program, similar to the program in place for West Ocean Front, which remedies the issue of unpermitted development in the City's fee owned15-foot right-of- way parallel to East Ocean Front; WHEREAS, removal of unpermitted improvements and replacement with appropriate materials is required for areas beyond the City's fee owned 15 -foot right-of- way and in tidelands areas; WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on April 9, 2015, 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 Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission recommended the City Council approve the LUP amendment establishing the East Ocean Front Encroachment and Removal and Replacement Program; WHEREAS, a public hearing was held by the City Council of the City of Newport Beach on July 26, 2016, 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 Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. At the conclusion of the public hearing, the City Council approved the LUP amendment establishing the East Ocean Front Encroachment and Removal and Replacement Program; 3-10 Resolution No, 2017-50 Page 2 of 3 WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on May 4, 2017, 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 NBMC. and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted to recommend City Council approval of LCP Amendment No. LC2013-002 which, as of January 13, 2016 encompasses, the LUP and IP; WHEREAS, a public hearing was held by the City Council on July 25, 2017, 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 NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review drafts of LCP Amendment No. LC2013-002 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council 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 LCP Amendment No. LC2013-002 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2013-002 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 of the City of Newport Beach. Section 4: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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. 3-11 Resolution No. 2017-50 Page 3 of 3 Section 7: Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), LCP Amendment No. LC2013-002 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. Section 8: 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 25th day of July, 2017. ATTEST: W414U�o Leilani . Brown City Clerk u APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney L'ORK1A Exhibit A: LCP Amendment No. LC2013-002 3-12 EXHIBIT A Local Coastal Program Amendment (LC2013-02) City of Newport Beach Coastal Land Use Plan Proposed Amendments to Chapter 3.0 Public Access and Recreation Section 3.1.3 Beach Encroachments Policies 3.1.3-3 through 3.1.3-9 3.1.3-3. Limit the maximum oceanward extent of encroachments to the following encroachment zones: A. Santa Ana River to 52nd Street. A maximum of 15 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. B. 52nd Street to 36th Street. A maximum of 10 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. C. 35th Street to E Street. Between A Street and a point 250 feet southeast of E Street, up to the inland edge of the Oceanfront Boardwalk (7 to S feet oceanward of the rear property line) and within an oceanward prolongation of the side property lines. D. E Street to 107 G Street. No encroachments are permitted from a point 250 feet southeast of E Street to and including 107 G Street, with the exception of landscaping trees existing prior to October 22, 1991 and groundcover, E. 1400 East Ocean Front to Channel Road. A maximum of 15 feet oceanward of the rear (ocean facing) property line within the oceanward prolongation of the side property lines. 3.1.3-4. Limit encroachments within encroachment zones as follows; A. Prohibit any structural, electrical, plumbing or other improvements that require issuance of a building permit. B. Prohibit pressurized irrigation lines and valves. C. Prohibit any object that exceeds 36 inches in height, with the exception of landscaping. D. Prohibit any encroachments that impact public access, recreation, views and/or coastal resources. E. Require landscaping to be designed and maintained to avoid impacts to public access and views. F. Restrict landscaping in dune habitat areas to native vegetation. 3.1.3-5. Require annual renewal of encroachment permits and a fee. 3-13 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 resolution, being Resolution No. 2017-50 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 2511, day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None RECUSED: Council Member Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26h day of July, 2017. JhA4� v Nft�-� Leilani I. Brown City Clerk Newport Beach, California 3-14 EXHIBIT B Resolution No. 2017-45 for LCP Amendment No. LC2017-002 3-15 RESOLUTION NO. 2017-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-002 TO THE CALIFORNIA COASTAL COMMISSION (PA2017-047) WHEREAS, Section 30500 of the 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, the California Coastal Commission effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit - issuing authority on January 30, 2017; WHEREAS, LCP Amendment No. LC2017-002 is necessary to address issues that have arisen since the LCP was certified, incorporate land use and property regulations adopted by the City after submission of the LCP to the California Coastal Commission and to clarify LCP administrative procedures; WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on May 4, 2017, 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 NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted (5 ayes, 0 noes, 2 absent) to adopt Planning Commission Resolution No. 2055, recommending City Council approval of LCP Amendment No. LC2017-002; WHEREAS, a public hearing was held by the City Council on July 11, 2017, 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 NBMC and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-002 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council 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 LCP Amendment No. LC2017-002 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: The City Council does hereby further authorize City staff to submit the component amendments of LCP Amendment No. LC2017-002 to the California Coastal Commission grouped as either "de minimis," "minor" and/or "major," as necessary, based on direction received from California Coastal Commission staff. 3-16 Resolution No. 2017-45 Page 2of2 Section 3: LCP Amendment No. LC2017-002 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 of the City of Newport Beach. Section 4: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act, Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 6: 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 7: Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-002 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. 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. 1-1 ADOPTED this 1 V day of July, 2017. ATTEST: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 3-17 Resolution No. 2017-45 Page 3 of 13 EXHIBIT A LC2017-002 1. Amend Policy 4.4.2-1 of the City of Newport Beach Coastal Land Use Plan to read as follows: 4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3 with exceptions for assembly and meeting facilities, government facilities, architectural features, boat cranes, chimneys and vents, dormers, elevator shafts, flagpoles, landmark buildings, light standards, mechanical equipment, solar equipment, peaks of sloping roofs and other similar fixtures and exterior structures specified in, and regulated by, the certified Local Coastal Program Implementation Plan. 2. Amend Section 21.26.055 of the Newport Beach Municipal Code to add Section 21.26.055(V) to read as follows, with all other provisions of Section 21.26.055 remaining unchanged: V. Lido Villas (PC -59). 1. Lot Size: 52,099 square feet (1.2 acres) 2. Density/intensity Limit: twenty-three (23) dwelling units. 3. Setbacks. a. Via Lido: 9 feet (first floor); 4 feet, 5 inches (second floor) b. Via Malaga: 7 feet, 3 inches (first floor); 6 feet, 6 inches (second floor) c. Via Oporto: 6 feet (first floor); 3 feet (second floor) d. North Interior Property Line: 5 feet 4. Height: Thirty-five (35) feet. 3. Amend Section 21.30.010.015(E)(5) and Section 21.30.015(E)(5)(a) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.30.015 remaining unchanged: 5. Waiver of Future Protection. As a condition of approval of new development, the review authority shall require an agreement between an applicant, including its successors and assigns, and the City in favor of the City, in a form approved by the City Attorney, and recorded by the applicant, waiving any potential right to future protection that results in any encroachment seaward of the authorized footprint of the protective device to address situations in the future in which development is threatened with damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards. The applicant shall agree to: a. Never construct structures or features over the economic life of the development to protect the development that results in any encroachment seaward of the authorized footprint of the protective device; and 3-18 Resolution No. 2017-45 Page 4 of 13 4. Amend Section 21.30.060(C) and Section 21.30.060(D) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.30.060(C) and Section 21.30.060(D) remaining unchanged: C. Increase in Height Limit. 1. Procedure. The height limits established in Part 2 of this Implementation Plan (Coastal Zoning Districts, Allowable Land Uses, and Coastal Zoning District Standards) may be increased within specified areas with approval of a coastal development permit when all applicable findings are met in compliance with subsection (C)(3) of this section (Required Findings). 2. Height Limit Areas. The height limit areas shall be as follows: a. R -A, R-1, R -BI, and R-2 Coastal Zoning Districts Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-four (24) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is twenty-nine (29) feet. The height of a structure may be increased up to a maximum of twenty- eight (28) feet with a flat roof or thirty-three (33) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies in all R -A, R-1, R -BI, and R-2 Coastal Zoning Districts as shown on the Coastal Zoning Map. b. RM Coastal Zoning District Height Limit Area. In this height limit area the base height limit for structures with flat roofs is twenty-eight (28) feet (including guardrails and parapet walls) and the base height limit for structures with sloped roofs is thirty-three (33) feet. The height of a structure may be increased up to a maximum of thirty-two (32) feet with a flat roof or thirty- seven (37) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit applies in the RM Coastal Zoning District as shown on the Coastal Zoning Map. c. Nonresidential, Shoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is twenty-six (26) feet and the base height limit for structures with sloped roofs is thirty-one (31) feet. The height of a structure may be increased up to a maximum of thirty-five (35) feet with a flat roof or forty (40) feet with a sloped roof through the approval of a coastal development permit application as provided above. The shoreline height limit shall apply to all nonresidential coastal zoning districts and mixed-use coastal zoning districts within the boundaries of the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). d. Nonresidential, Nonshoreline Height Limit Area. In this height limit area the base height limit for nonresidential and mixed-use structures with flat roofs is thirty-two (32) feet and the base height limit for structures with sloped roofs is thirty-seven (37) feet. The height of a structure may be increased up to a maximum of fifty (50) feet with a flat roof or fifty-five (55) feet with a sloped roof through the approval of a coastal development permit as provided above. This height limit shall apply to all nonresidential, nonshoreline coastal zoning districts and mixed-use coastal zoning districts within its boundaries. The nonresidential, nonshoreline height limit area is identified as all of the area outside the Shoreline Height Limit Area shown on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). e. High Rise Height Area. In this height limit area, the maximum height limit shall be three hundred (300) feet and no further increase to the maximum allowed height is available. This height limit is applicable to all nonresidential coastal zoning districts within its boundaries as indicated on the High Rise and Shoreline Height Limit Areas Map (See Map H-1 in Part 8 (Maps) of this Implementation Plan). 3-19 Resolution No. 2017-45 Page 5 of 13 f. Planned Communities Coastal Zoning District. Height limits established as part of an adopted planned community shall be as specified in Section 21.26.055 (Planned Community Coastal Zoning District Development Standards). If a PC District is located within the Shoreline Height Limit Area, per Map H-1, the thirty-five (35) foot height limit shall prevail over any other higher height limit identified in a PC District. 3. Required Findings. The review authority may approve a coastal development permit to allow an increase in the height of a structure above the base height limit only after first making all of the following findings in addition to the findings required in Section 21.52.015(F): a. The project is sited and designed to protect public views to and along the ocean and scenic coastal areas; and b. The project is sited and designed to minimize visual impacts and be visually compatible with the character of surrounding areas; and c. Where feasible, the project will restore and enhance visual quality in visually degraded areas. D. Exceptions to Height Limits. 1. Assembly and Meeting Facilities. Structures used as places of worship may be allowed to exceed the height limit subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures). Where more than one structure exists or is proposed for the site, only the principal structure shall be eligible for approval to exceed the maximum height limit. 2. Architectural Features. Architectural features (e.g., cupolas, weathervanes, and other decorative rooftop features) of an open nature, but excluding guardrails, parapet walls, and similar features, may be allowed up to the height limit for a sloped roof. Architectural features with a height greater than that allowed for a sloped roof shall be subject to the approval of a coastal development permit. 3. Boat Cranes. Boat cranes used in conjunction with an approved marine -oriented nonresidential use may be allowed to exceed the maximum height limit up to a maximum operating height of seventy (70) feet, subject to the approval of a coastal development permit. 4. Chimneys and Vents. Chimneys and spark arrestors for fireplaces and roof -mounted vents shall be allowed to exceed the allowed height limits as follows: a. Chimneys may extend above the allowed height limit a maximum of two feet or a greater height if required by the City's Building Code; b. Spark arrestors may extend above the top of a chimney a maximum of two feet, provided they do not exceed a width of two feet and a length of four feet; and c. Roof -mounted vents may extend above the allowed height limit a maximum of twelve (12) inches or a greater height if required by the City's Building Code. 5. Dormers. Dormers may be allowed to exceed the maximum height; provided, that: a. The total width of the dormer that exceeds the height limit shall not be greater than thirty- five (35) percent of the length of the side of the structure where the dormer is located; b. The roof pitch of the dormer shall not be less than 2:12; and c. The peak of the dormer shall not be higher than the peak of the roof on which it is located. 3-20 Resolution No. 2017-45 Page 6 of 13 6. Elevator Shafts, Enclosed Stairwells. Elevator shafts and enclosed stairwell housings may exceed the allowed height limit by the minimum height required by the California Building Code, provided they do not exceed thirty (30) square feet in area, unless a larger elevator is required by the California Building Code and/or the Fire Department. In these instances, the area of the elevator or stair housing shall not exceed the minimum size required by the California Building Code and/or the Fire Department. Elevator shafts and enclosed stairwell housings that exceed thirty (30) square feet in area shall have sloped roofs with a minimum 3/12 pitch. 7. Fences, Hedges, and Walls. Section 21.30.040 (Fences, Hedges, Walls, and Retaining Walls) sets forth exceptions to height limits for these structures. 8. Flagpoles. a. Ground -mounted flagpoles shall be allowed in residential coastal zoning districts to a maximum height of twenty-eight (28) feet and in nonresidential coastal zoning districts to a maximum height of thirty-five (35) feet. b. Flagpoles mounted on tops of buildings located in nonresidential coastal zoning districts shall be allowed to exceed the maximum height limit by up to twenty (20) feet. 9. Landmark Buildings. An alteration or addition to a landmark building shall be exempt from height limits; provided, that structural alterations or additions that exceed the height of the existing structure shall require approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures) and shall not exceed a maximum of fifty-five (55) feet in height. The coastal development permit may be approved only if all of the following findings are first made in addition to those findings identified in Section 21.52.015(F): a. The portion of the structural alteration or addition that exceeds the height of the existing structure does not significantly impact public views from public rights-of-way. b. The portion of the structural alteration or addition that exceeds the height of the existing structure will not be used in a manner that increases the intensity of the use of the landmark building. c. The allowed height of the landmark building will not be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the neighborhood of the landmark building. 10. Light Standards. Light standards may be allowed to exceed maximum height limits, subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures). All light fixtures and standards shall comply with the requirements of Section 21.30.070 (Outdoor Lighting). 11. Mechanical Equipment. a. Nonresidential Coastal Zoning Districts. In nonresidential coastal zoning districts, roof - mounted mechanical equipment, totaling not more than thirty (30) percent of the total roof area, including required screening devices, shall be allowed to exceed the maximum height limit by up to five feet. b. Residential Coastal Zoning Districts. In residential coastal zoning districts, roof -mounted equipment is not allowed to exceed the maximum height limit for the coastal zoning district. 12. Solar Equipment. The height limit regulations in this Implementation Plan do not apply to equipment and panels used for the production of solar energy. 3-21 Resolution No. 2017-45 Page 7 of 13 13. Skylights and Roof Windows. Skylights or roof windows shall be allowed to exceed the maximum height limit by up to six inches on conforming roofs. 14. Marina Park Lighthouse Feature. A single, up to maximum seventy-three (73) foot tall, faux lighthouse architectural tower, that creates an iconic landmark for the public to identify the site (1600 West Balboa Boulevard) from land and water as a boating safety feature, may be allowed. No further exceptions to the height limit shall be allowed, including, but not limited to, exceptions for architectural features, solar equipment or flagpoles. Any architectural tower that exceeds the thirty-five (35) foot height limit shall not include floor area above the thirty-five (35) foot height limit, but shall house screened communications or emergency equipment, and shall be sited and designed to reduce adverse visual impacts and be compatible with the character of the area by, among other things, incorporating a tapered design with a maximum diameter of thirty-four (34) feet at the base of the tower. Public viewing opportunities shall be provided above the thirty-five (35) feet, as feasible. 15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and 475 32nd Street: a. At least seventy-five (75) percent of the total area of the site shall be thirty-five (35) feet in height or lower. b. Buildings and structures up to fifty-five (55) feet in height with the peaks of sloping roofs and elevator towers up to sixty (60) feet in height provided it is demonstrated that development does not adversely materially impact public views. c. Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height. d. Buildings and structures over thirty-five (35) feet in height, including architectural features, shall not occupy more than twenty-five (25) percent of the total area of the site. e. Buildings and structures over forty-five (45) feet in height, including architectural features, shall not occupy more than fifteen (15) percent of the total area of the site. f. With the exception of a fire station, all buildings and structures over thirty-five (35) feet in height, including architectural features, shall be set back a minimum of sixty (60) feet from the Newport Boulevard right-of-way and seventy (70) feet from the 32nd Street right-of-way. g. A fire station may be located in its current location and may be up to forty (40) feet in height. h. Afire station may include architectural features up to forty-five (45) feet in height to house and screen essential equipment. (Ord. 2016-19 § 1 (Exh. A)(part), 2016) 16. Government Facilities. Structures owned, operated, or occupied by the City or other governmental agency to provide a governmental service to the public may be allowed to exceed the height limit subject to the approval of a coastal development permit in compliance with Chapter 21.52 (Coastal Development Review Procedures) where the increase in height is necessary for the facility to function (e.g., lifeguard towers, tsunami warning sirens, architectural design features that accommodate emergency vehicles or essential equipment, etc.). 5. Amend Section 21.30.075(B)(4)(b) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.30.075(B)(4)(b) remaining unchanged: b. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage and all 3-22 Resolution No. 2017-45 Page 8 of 13 lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage. 6. Amend Section 21.38.040(G)(1) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.38.040(G)(1) remaining unchanged: 1. Expansion shall be limited to a maximum of fifty (50) percent of the gross floor area of the existing structure; expansion of residential structures may be permitted up to a maximum of seventy-five (75) percent with the approval of a coastal development permit. 7. Amend Table 21.50-1 of Section 21.51.020 of the Newport Beach Municipal Code to read as follows, with all other provisions of Table 21.50-1 of Section 21.51.020 remaining unchanged: TABLE 21.50-1 — REVIEW AUTHORITY Notes: (1) "Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision making body, in compliance with Chapter 21.64 (Appeals and Calls for Review). 3-23 Applica Role of Review Authority (1) Type of Action ble Code Zoning Harbor Council Coastal Chapter Director Administrator Resources Commission (2) Commission /Section Manager Administrative and Legislative Section Determination Interpretations 21.12.02 (3) Appeal Appeal Appeal (8) 0 LCP Recommend Decision Decision (4) Amendments (4) Section Approvals in 21.52.01 Determination Determination Appeal pp Appeal pp Concept 5(B)(1)( (3) (5) a) Waiver for De Section Minimis 21.52.05 Decision (9) (9) Development 5 Permits and Approvals Coastal Section Decision Development 21.52.01 Decision (6) Appeal Appeal Appeal (2)) Permits 5 Emergency Section Coastal Development 21.52.02 Decision (3) Appeal Appeal Permits 5 Notes: (1) "Recommend" means that the Commission makes a recommendation to the Council; "Determination" and "Decision" mean that the review authority makes the final determination or decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of a previous decision making body, in compliance with Chapter 21.64 (Appeals and Calls for Review). 3-23 Resolution No. 2017-45 Page 9 of 13 (2) The Council is the final review authority for all applications in the City. A decision by the City on a coastal development permit application within the appeal areas depicted on the Post-LCP Certification Permit and Appeal Jurisdiction Map or a project that constitutes a major public works project or energy facility may be appealed to the Coastal Commission in compliance with Chapter 21.64 (Appeals and Calls for Review). (3) The Director or Zoning Administrator may defer action and refer the request to the Commission for consideration and final action. (4) The California Coastal Commission is the final decision making authority on amendments to the Local Coastal Program. (5) For development located on tidelands or submerged lands that did not involve a discretionary action authorized by this Implementation Plan where the authority is specifically assigned to the Council, Commission, Director, or Zoning Administrator. (6) If the project also requires another discretionary approval (e.g., conditional use permit, variance, etc.), then the applicable review authority shall be the authority for the other discretionary approval. (7) All development on tidelands, submerged lands, and public trust lands as described in California Public Resources Code Section 30519(b) and in deferred certification areas designated by the Local Coastal Program shall require a permit issued by the Coastal Commission in accordance with procedures specified by the Coastal Commission, in addition to other permits or approvals required by the City. This provision does not include those tidelands, submerged lands, and public trust lands where permit authority may be delegated to the City at a future date if determined by the Coastal Commission to be filled and developed and located within an area committed to urban uses pursuant to Coastal Act Section 30613. (8) Appeal procedure for interpretations shall only apply to interpretations made by the Director on the determination of whether a development is categorically excluded, exempt, nonappealable or appealable to the Coastal Commission according to the dispute resolution process in compliance with Section 21.50.050(B). (9) A waiver shall not take effect until after the Director makes his/her report to the City Council. If one- third of the City Council (two members) so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the coastal development permit provisions of Chapter 21.52 (Coastal Development Permit Review Procedures). 8. Amend Section 21.52.035(C)(4) of the Newport Beach Municipal Code to renumber Section 21.52.035(C)(4)(c)(iii) to Section 21.52.035(C)(4)(d) with all other provisions of 21.52.035(C)(4) remaining unchanged: d. Unless destroyed by disaster, the replacement of fifty (50) percent or more of a single -unit residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure is not repair and maintenance under California Public Resources Code Section 30610(d) but instead constitutes a replacement structure requiring a coastal development permit. 9. Amend Section 21.52.052(H) of the Newport Beach Municipal Code to read as follows, with all other provisions of 21.52.052(H) remaining unchanged: H. Notice of Final Action. Within seven days of the date of the City's final local action on an exemption or coastal development permit application and meeting the requirements of Title 14 California Code of Regulations Section 13570, a notice of its final action shall be sent by first class mail, to the applicant, the Coastal Commission, and any persons who specifically request such notice by submitting a self-addressed, stamped envelope. Such notice shall be accompanied by a copy of the exemption, denial or conditions of approval and written findings and the procedures for appeal of the action to the Coastal Commission. 3-24 Resolution No. 2017-45 Page 10 of 13 10. Amend Section 21.52.055 of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.52.055 remaining unchanged: F. Report to the City Council. The Director shall report to the City Council at its next available public meeting those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the City Council. A list of waivers issued by the Director shall be available for public inspection at the public counter of the Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director makes his/her report to the City Council. If two members of the City Council so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the coastal development permit provisions of this chapter. 11. Amend Chapter 21.52 of the Newport Beach Municipal Code add Section 21.52.090 to read as follows, with all other provisions of Chapter 21.52 remaining unchanged: 21.52.090 Relief from Implementation Plan Development Standards. A. Purpose. The purpose of this section is to provide relief from the development standards of this Implementation Plan when so doing is consistent with the purposes of the certified Local Coastal Program and will not have an adverse effect, either individually or cumulatively, on coastal resources. B. Applicability. Any development standard of this Implementation Plan may be modified or waived through the approval of a coastal development permit, except: allowed and prohibited uses; residential density; nonresidential floor area ratios; specific prohibitions (for example, prohibitions intended to protect coastal resources, prohibited barriers to public access, limits on the use of protective structures, prohibited materials, prohibited plant species, prohibited signs, etc.); or procedural requirements. Modifications. Minor deviations for the following development standards may be permitted when practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships: a. Height modifications from exceptions identified in Part 3 of this Title (Site Planning and Development Standards). The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified. i. Chimneys, rooftop architectural features, and vents in excess of the exception to the allowed height limits identified in Part 3 of this Title (Site Planning and Development Standards); ii. Flag poles in excess of the exception to the allowed height limits; and iii. Heights of fences, hedges, or walls (except retaining walls). b. Setback Modifications. The following modifications are limited to not more than a ten (10) percent deviation from the standard being modified. Encroachments in front, side, or rear setback areas while still maintaining the minimum clearances required by Section 21.30.110 (Setback Regulations and Exceptions). Exceptions include the following: (A) Modifications shall not be allowed for encroachments into alley setbacks; and 3-25 Resolution No. 2017-45 Page 11 of 13 (B) Modifications shall not be allowed for encroachments into bluff setback areas. ii. Structural appurtenances or projections that encroach into front, side, or rear setback areas. C. Other Modifications. Except as otherwise provided, the following modifications are not limited in the amount of deviation from the standard being modified: i. Distances between structures located on the same lot; ii. Landscaping standards in compliance with Chapter 21.30.075 (Landscaping), except for subsection (13)(3); iii. Size or location of parking spaces, access to parking spaces, and landscaping within parking areas; v. Increase in allowed floor area of additions for uses that have nonconforming parking; vi. Increase in allowed height, number, and area of signs; vii. Increase in the allowed height of retaining walls; and viii. Increase in allowed floor area of additions for nonconforming residential structures as identified in Section 21.38.040 (Nonconforming Structures). Variances. Waiver or modification of certain standards of this Implementation Plan may be permitted when, because of special circumstances applicable to the property, including location, shape, size, surroundings, topography, or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district. 2. Modifications and Waivers Authorized Elsewhere. This section is not applicable when a modification or waiver to a development standard is specifically authorized elsewhere in this Implementation Plan. C. Findings and Decision. The review authority may approve or conditionally approve a modification or waiver to a development standard of this Implementation Plan only after first making all of the following findings as applicable: 1. The granting of the modification is necessary due practical difficulties associated with the property and that the strict application of the Implementation Plan results in physical hardships; or 2. The granting of the variance is necessary due to special circumstances applicable to the property, including location, shape, size, surroundings, topography, and/or other physical features, the strict application of the development standards otherwise applicable to the property denies the property owner privileges enjoyed by other property owners in the vicinity and in the same coastal zoning district; and 3-26 Resolution No. 2017-45 Page 12 of 13 3. The modification or variance complies with the findings required to approve a coastal development permit in Section 21.52.015(F); 4. The modification or variance will not have an adverse effect, either individually or cumulatively, on coastal resources; and 5. The granting of the modification or variance will not be contrary to, or in conflict with, the purpose of this Implementation Plan, nor to the applicable policies of the certified Local Coastal Program. 12. Amend Chapter 21.62 of the Newport Beach Municipal Code to add Section 21.62.050 to read as follows, with all other provisions of Chapter 21.62 remaining unchanged: Section 21.62.050 Public Hearing Waiver for Minor Development. A. Purpose. The purpose of this section is to provide a process, in accordance with Section 30624.9 of the Coastal Act, through which the public hearing requirement may be waived for certain minor developments that require coastal development permits. B. Minor Development Defined. For purposes of this section, "minor development" means a development that the Director determines satisfies all of the following requirements: 1. Is consistent with the certified Local Coastal Program; 2. Requires no discretionary approvals other than a coastal development permit; and 3. Has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast. C. Procedure. The Director may waive the requirement for a public hearing on a Coastal Development Permit application for a minor development, if all of the following occur: 1. Notice is mailed or delivered to all persons and agencies required to be notified under Section 21.62.020(B)(2). The notice shall contain and shall contain all of the information required in Section 21.62.020(A). In addition, the notice of waiver of public hearing for the pending application shall contain the following: a. A statement that a public hearing will be held upon the written request of any person provided that such written request is received by the Department within fifteen (15) working days from the date of sending the notice; and b. For proposed development within the appealable area, a statement that failure by a person to submit a written request for a public hearing may result in the loss of that person's ability to appeal to the Coastal Commission any action taken by the City on a coastal development permit application in this matter. 2. No request for public hearing is received by the Department within fifteen (15) working days from the date of sending the notice pursuant to subsection (1) of this section. 3-27 Resolution No. 2017-45 Page 13 of 13 3. Requests for hearing must be made in writing to the Department. Upon receipt of a request for a hearing, the Department shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of this Chapter. 13. Amend Section 21.64.050(A) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.64.050(A) remaining unchanged: A. Director. Interpretations and decisions of the Director may be appealed or called for review to the Planning Commission, with the exception of waivers for de minimis development, which are reported to the City Council pursuant to Section 21.52.055(E). 14. Amend Section 21.64.035(C)(2) of the Newport Beach Municipal Code to read as follows, with all other provisions of Section 21.64.035(C)(2) remaining unchanged: 2. An appeal of a City decision was filed by two members of the Coastal Commission in compliance with Public Resources Code Section 30625. Notice of a Coastal Commissioner's appeal shall be transmitted to the City in compliance with Title 14 California Code of Regulations Section 13111(d). The Director may transmit the Coastal Commissioners' appeal to the local appellate body (which considers appeals from the review authority that rendered the final decisions subject to the Coastal Commissioners' appeal), and the Coastal Commissioners' appeal may be suspended pending a decision on the merits by that City appellate body. If the final action by an appellate body modifies or reverses the previous decision, the Coastal Commissioners appeal shall be required to file a new appeal from that decision. 3-28 STATE OF CALIFORNIA } COUNTY OF ORANGE 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 resolution, being Resolution No. 2017-45 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 11'h day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Kevin Muldoon NAYS: None ABSENT: Mayor Pro Tem Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 121h day of July, 2017. Leilani I. Brown v �' City Clerk Newport Beach, California (Seal) L4,Q FoR� 3-29 EXHIBIT C Resolution No. 2017-51 for LC2017-003) 3-30 RESOLUTION NO. 2017-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-003 TO THE CALIFORNIA COASTAL COMMISSION IMPLEMENTING NEW STATE LAW REQUIREMENTS RELATING TO ACCESSORY DWELLING UNITS (PA2017-069) WHEREAS, State law (Senate Bill 1069 and Assembly Bill 2299, Statutes of 2016) requires jurisdictions to amend their local zoning ordinances to conform to California Government Code Section 65852.2; WHEREAS, Senate Bill 1069 and Assembly Bill 2299 are intended to address the State housing crisis by easing regulatory barriers for homeowners who choose to construct accessory dwelling units; WHEREAS, accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, and others, at below market prices within existing neighborhoods; WHEREAS, homeowners who construct accessory dwelling units may benefit from added income and an increased sense of security; WHEREAS, allowing accessory dwelling units in single-family residential zones provides additional rental housing stock; WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; WHEREAS, adopting an ordinance consistent with California Government Code Section 65852.2 ensures that the character of the City of Newport Beach (City) is preserved to the maximum extent possible and that the City's regulation regarding accessory dwelling units continues to promote the health, safety, and welfare of the community; WHEREAS, the City has designated areas where accessory dwelling units may be located, when permitted by California Government Code Section 658522, based in part upon adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; 3-31 Resolution No. 2017-51 Page 2 of 3 WHEREAS, a public hearing was held on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission continued the hearing to June 8, 2017; WHEREAS, a public hearing was held on June 8, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, on June 8, 2017, the Planning Commission adopted Resolution No. 2057 by a majority vote of 4-1, recommending approval of Local Coastal Program Amendment No. LC2017-003 to the City Council; WHEREAS, a public hearing was held on July 25, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the public hearing was given in accordance with the Newport Beach Municipal Code (NBMC) and Section 13515 of the California Code of Regulations. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; and WHEREAS, pursuant to Section 13515 of Title 14, Division 5.5, of the California Code of Regulations, review drafts of LCP Amendment No. LC2017-003 were made available and a notice of the availability was distributed a minimum of six weeks prior the City Council 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 LCP Amendment No. LC2017-003 to the California Coastal Commission for review and approval, as attached in Exhibit A, and incorporated herein by reference. Section 2: LCP Amendment No. LC2017-003 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 of the City of Newport Beach. Section 3: The LCP including the proposed amendment will be carried out fully in conformity with the California Coastal Act. 3-32 Resolution No. 2017-51 Page 3of3 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: This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080,17 and CEQA Guidelines Section 15282(h), which states the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA. Similarly, the ministerial approval of accessory dwelling units is not a "project" for CEQA purposes, and environmental review is not required prior to approving individual applications. 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. ---7 ADOPTED this 25th day of July, 2017. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE g (�J Aaron C. Harp City Attorney Kevin Muldoo Mayor / :1'0FkN,r,- 3-33 EXHIBIT "A" Local Coastal Program Amendment No. LC2017-003 Section 1: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to add Policy 2.7-5 as follows, with all other provisions of the Coastal Land Use Plan remaining unchanged: 2.7-5. Administer the provisions of Government Code Section 65852.2 relative to the development of accessory dwelling units to increase the supply of lower-cost housing in the coastal zone and meet the needs of existing and future residents while respecting the architectural character of existing neighborhoods and in a manner consistent with the LCP and any applicable policies from Chapter 3 of the Coastal Act. . Section 2: Newport Beach Municipal Code (NBMC) Subsection 21.18.010(A) and (B) are amended to read as follows: A. R -A (Residential -Agricultural) Coastal Zoning District. The R -A Coastal Zoning District is intended to provide for areas appropriate for detached single-family residential dwelling units accessory dwelling units, and light farming uses, each located on a single legal lot, and does not include condominiums or cooperative housing. B. R-1 (Single -Unit Residential) Coastal Zoning District. The R-1 Coastal Zoning District is intended to provide for areas appropriate for a range of detached single-family residential dwelling units and accessory dwelling units, each located on a single legal lot, and does not include condominiums or cooperative housing. Section 3: Table 21.18-1 in NBMC Section 21.18.020(C) (Allowed Uses and Permit Requirements) is amended, in part to the Accessory Dwelling Units" row as follows: Accessory Dwelling Units A A 21.48.200 Section 4: Table 21.18-2 in NBMC Section 21.18.030 (Residential Coastal Zoning Districts General Development Standards) is amended, in part, as to the "Density/Intensity" row as follows: Density/intensity Each legal lot shall be allowed one single -unit detached dwelling. In addition one accessory dwelling unit may be allowed. Section 5: NBMC Subsection 21.31 , 110(D) (Allowed Encroachments into Setback Areas) is amended to add subpart 16 to read as follows: 16. Accessory Dwelling Units. Accessory dwelling units may be established within required setback areas in compliance with the requirements of Section 21.48.200 (Accessory Dwelling Units). 3-34 Section 6: Table 3-10 in NBMC Section 21.41.040 (Off -Street Parking Requirements) is amended, in part, as to the "Accessory Dwelling Units" row as follows: Accessory Dwelling Units 1 nor unit a minimurn of 2 goyprorl nar r�iFr, As required per Section 21.48.200 Section 7: Amend NBMC Chapter 21.48 to add Section 21.48.200 (Accessory Dwelling Units) to read as follows, with all other provisions of Chapter 21.48 remaining unchanged: 21.48.200 Accessory Dwelling Units A. Purpose. The purpose of this section is to establish the procedures for the creation of accessory dwelling units as defined in Part 7 Definitions and in the California Government Code Section 65852.2 or any successor statute in single -unit residential zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan and to provide development standards to ensure the orderly development of these units in appropriate areas of the City. B. Review Authority. Accessory dwelling units shall be approved in all single -unit residential coastal zoning districts or areas designated for single-family residential use as part of a Planned Community Development Plan or Specific Plan sub'ect to the approval of the Director upon finding that the following conditions have been met: 1. The dwellinci conforms to the development standards and requirements for accessory dwelling units established in the subsections below. 2. Public and utility services including emergency access are adequate to serve both dwellings. C. Development standards. Except as modified by this subsection, an accessory dwellin unit shall conform to all requirements of the underlying residential coastal zoning district any applicable overlay district and all other applicable provisions of this Code, including but not limited to height, setback site coverage, floor area limit and residential development standards and design criteria unless the unit is contained within a legal nonconforming structure and does not expand the nonconformity. 1. Minimum lot area. A minimum lot area of five thousand (5,000) square feet excluding submerged land area shall be re uired in order to establish an accessory dwelling unit. 2. Setback requirements. Accessory dwelling units shall comply with the setback requirements applicable to the zoning district in which they are located except in cases where the minimum required garage setbacks differ from m principal building setbacks in which case the following applies: a. No additional setback shall be required for an existing garage that is converted to an accessory dwelling unit provided that the side and rear setbacks comply with required Building Codes. b. A setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit constructed above the garage 3-35 3. Buildinq height. Detached accessory dwelling units shall not exceed one story and a height of 14 feet, unless the accessory dwelling unit is constructed above a para. e, in which case the structure shall comply with the height limits of the underlying zoning district. Unit size. The maximum size of an accessory dwelling unit shall not exceed a 750 square feet of floor area or 50 percent of the existing floor area(excluding arae of the principal unit whichever is less. 5. Design. An accessory dwelling unit shall be designed and sited to: a. Be similar to the principal dwelling with respect to architectural style roof pitch, color, and materials; b. Protect public access to and along the shoreline areas c. Protect public views to and alone the ocean and scenic coastal areas: d. Protect sensitive coastal resources: and e. Minimize and where feasible avoid shoreline hazards. 6. Conversion of space within existing structure Notwithstanding the provisions of subsections C(1), C(2), C(3), C(4) and C(5) above an accessory dwelling unit shall be permitted if the unit is contained within the existing space of a single -unit dwelling or existing accessory structure has independent exterior access from the existing dwelling, and the side and rear setbacks comply with required Building Codes, and if the accessory dwelling unit conforms with the following: For the purposes of this section the portion of the single -unit dwelling or accessory structure must have been legally permitted and existing for a minimum of three years prior to the issuance of a permit to convert the space into an accessory dwelling unit. No new or separate utility connection may be required between the accessory dwelling unit and the utility service such as water, sewer, and power. Firesprinklers. Accessory dwelling units shall not be required to provide firesprinklers if they are not required for the principal residence. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. For the purposes of this section "passageway" means a pathway that is unobstructed clear to the sky and extends from the street to one entrance of the accessory dwelling unit. Parking. Parking shall compIV with requirements of Chapter 21.40 Off -Street Parkin except as modified below: 3-36 One parking space required for one -bedroom or efficiency unit; two parking spaces required for unit with two or more bedrooms. b. Such parking may be provided as tandem parking and/or may be located on an existing driveway: however, in no case shall parking be allowed in a rear setback abutting an alley. c. No parking shall be required for: i. Accessory dwelling unit converted as part of the existing principal residence or existing accessory structure as described in subsection LQL5. ii. Accessory dwelling units located within one-half mile of a public transit For the purposes of this section "public transit" shall include a bus stop with fixed route bus service that provides transit service at 15 -minute intervals or better during peak commute periods. iii. Accessory dwelling unit is located within an architecturally and historically significant district. iv. When on-street12arking permits are required but not offered to the occupant of the accessory dwelling unit. v. When there is a car -share vehicle located within one block of the accessory dwelling unit. For the purposes of this section "car -share vehicle° shall mean part of an established program intended to stay in a fixed location for at least 10 years and available to the public If an accessory dwelling unit replaces an existing garage replacement spaces must be provided. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, any required replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit including but not limited to as covered spaces, uncovered spaces, or tandems aces or by the use of mechanical automobile parking lifts. 3-37 D. Additional requirements for all accessory dwelling units 1. Sale of units. The accessory dwelling unit shall not be sold separately from the principal dwelling. 2. Short-term lodging. The accessory dwelling unit shall not be rented for periods of less than 30 days. 3. Number of units allowed. Only one accessory dwelling unit may be located on the lot. 4. Existing development. A single -unit dwelling must exist on the lot or shall be constructed on the lot in conjunction with the construction of the accessory dwelling unit. 5. Occupancy. The principal dwelling unit or the accessory dwelling unit shall be continuously occupied by at least one person having an ownership interest in the lot E. Deed restriction and recordation required. Prior to the issuance of a Building and/or Grading Permit for an accessory dwelling unit the -Property owner shall record a deed restriction with the County Recorder's Office the form and content of which is satisfactor to the City Attorney. The deed restriction document shall notify future owners of the owner occupancy requirements and restrictions on short-term rentals. This deed restriction shall remain_ in effect so long as the accessory dwelling unit exists on the oropertv. F. Coastal Development Permits. Hearing Exemption. All of the provisions of Chapter 21.52 regarding the review and approval of Coastal Development Permits in relation to accessor _dwellinq units are applicable, except that a public hearing as required by Chapter 21.62 shall not be required. Public notice shall be provided as required in Section 21.62.020 except the requirements of Section 21.62.020(A) shall be replaced with a statement that no local public hearinq will be held and that written comments on the proposed development may be submitted. 2. Appeal Exemption. Notwithstandinq the local appeal provisions of Chapter 21.64 coastal development permits for accessory dwelling units that are defined as "appealable develo ment" pursuant to Section 21.64.035(A) may be direct) appealable to the Coastal Commission in accordance with the provisions of Section 21.64.035 without a discretionary hearing by the Planning Commission or Cily Council Section 8: The definition of "Accessory Dwelling Unit (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: Accessory Dwelling Unit (Land Use). See "Dwelling Unit, Senof Accessory." Section 9: The definition of "Dwelling Unit, Senior Accessory (Land Use) in NBMC Section 21.70.020 (Definition of Specialized Terms and Phrases) is amended to read as follows: 3-38 Dwelling Unit Accesso Land Use). A dwelling unit accessory to and attached to detached from or contained within the principal dwelling unit on a site zoned for a single-family dwelling An accessory dwelling unit also includes the following::: An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code or any successor statute. A manufactured home as defined in Section 18007 of the Health and Safety Code or any successor statute. Section 10: Subpart 8 in NBMC Subsection 21.90.060(D) (Accessory Uses Permitted) is amended to read as follows: _ -- .. ; .. 8. Accessory dwelling unit in conformance with Section 21.48.200 3-39 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH ! I, Leilani 1, 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 resolution, being Resolution No. 2017-51 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of July, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of July, 2017. Leilani I. Errown City Clerk Newport Beach, California I 102Lf FOR© 3-40