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CITY OF NEWPORT BEACH <br />PLANNING COMMISSION STAFF REPORT <br />August 22, 2019 <br />CqC/F00.NP Agenda Item No. 5 <br />SUBJECT: Transfer of Development Rights LCP Amendment (PA2019-154) <br />Local Coastal Program Amendment No. LC2019-003 <br />SITE LOCATION: Coastal Zone <br />APPLICANT: City of Newport Beach <br />PLANNER: Jaime Murillo, Senior Planner <br />949-644-3209, Imurillo(a) <br />PROJECT SUMMARY <br />Local Coastal Program Amendment (LCPA) to include policy and regulations pertaining <br />to the transfer of development rights. Specifically, the proposed LCPA would: 1) include <br />a policy in the Coastal Land Use Plan allowing transfers; and 2) provide regulations within <br />the LCP Implementation Plan (Newport Beach Municipal Code Title 21). <br />RECOMMENDATION <br />1) Conduct a public hearing; <br />2) Find this project exempt from the California Environmental Quality Act (CEQA) <br />pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 <br />(c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State <br />CEQA Guidelines Section 15061(b)(3) because it has no potential to have a <br />significant effect on the environment; and <br />3) Adopt Resolution No. PC2019-026 (Attachment No. PC 1) recommending the City <br />Council authorize staff to submit Local Coastal Program Amendment No. LC2019- <br />003 to the California Coastal Commission. <br />The Newport Beach General Plan provides for the potential transfer of development rights <br />from one site to another, subject to certain parameters and City Council review. The Local <br />Coastal Program (LCP) does not contain any provisions for a potential transfer and as a <br />result, General Plan policy allowing transfers in the coastal zone cannot be implemented. <br />On January 13, 2017, the California Coastal Commission ("Coastal Commission") <br />effectively certified the City's LCP and the City assumed coastal development permit - <br />issuing authority on January 30, 2017. Any amendments to the LCP must be reviewed <br />and approved by the City Council, with a recommendation from the Planning Commission, <br />1 <br />