HomeMy WebLinkAbout06 - Categorical Exclusion Order CE-5-NPB-16-1 - Amended ResolutionATTACHMENT A March 14, 2017
Agenda Item No. 6
RESOLUTION NO. 2017-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ACCEPTING AND
AGREEING TO THE TERMS AND CONDITIONS OF
CATEGORICAL EXCLUSION ORDER CE-5-NPB-16-1
WHEREAS, the California Coastal Act (Public Resources Code Section 30610(e))
authorizes the California Coastal Commission (Coastal Commission) to exclude from the
permit requirements of the California Coastal Act, any category of development within a
specifically defined geographic area if the exclusion will not result in a potential for any
significant adverse effect, either individually or cumulatively, on coastal resources or on
public access to, or along, the coast;
WHEREAS, in 1977, the Coastal Commission approved Categorical Exclusion
Order E-77-5, which excluded the demolition and/or construction of single -unit and two -
unit dwelling units and their appurtenant facilities in the R-1, R -BI, and R-2 Zoning Districts
in the geographic areas of Balboa Island, Balboa Peninsula, Cameo Highlands, Cameo
Shores, Corona del Mar, Corona Highlands, Irvine Terrace, Lido Isle, Shorecliffs, Upper
Newport Bay, and West Newport;
WHEREAS, Categorical Exclusion Order E-77-5 did not include the first row of lots
adjacent to the beach, bay, or wetlands; major undeveloped residential sites; Planned
Community Districts; and gated communities;
WHEREAS, any existing categorical exclusion order expires upon Coastal
Commission final certification of a Local Coastal Program (LCP);
WHEREAS, on November 15, 2015, the City Council of the City of Newport Beach
directed City staff to submit an application to extend the terms and conditions of
Categorical Exclusion Order E-77-5 after the certification of the City of Newport Beach
LCP;
WHEREAS, on November 4, 2016, the Coastal Commission approved Categorical
Exclusion Order CE-5-NPB-16-1 with conditions after a public hearing and a two-thirds
vote of its appointed members;
WHEREAS, on November 22, 2016, the City Council of the City of Newport Beach
adopted Ordinance No. 2016-19, which adopted the LCP Implementation Plan with the
suggested modifications set forth in the Coastal Commission's certification order;
WHEREAS, on January 13, 2017, the Coastal Commission gave unanimous
concurrence with the Coastal Commission Executive Director's determination that the
City properly adopted the LCP Implementation Plan with the suggested modifications and
the LCP was effectively certified with the subsequent filing of a notice for certification of
the LCP was filed with the California Natural Resources Agency; and
Resolution No. 2017 -
Page 2 of 3
WHEREAS, pursuant to the Section 13244 of the California Code of Regulations,
Categorical Exclusion Order CE-5-NPB-16-1 will not become effective until such time as
the City Council of the City of Newport Beach, by resolution, accepts and agrees to the
terms and conditions to which the categorical exclusion order has been made subject and
the Executive Director of the Coastal Commission determines in writing that the City's
resolution is legally adequate.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby accept and agree to the terms and
conditions of Categorical Exclusion Order CE-5-NPB-16-1 as attached in Exhibit A, which
is incorporated herein by reference.
Section 2: The City Council authorizes City staff to forward this resolution to the
Executive Director of the Coastal Commission as evidence of the City of Newport Beach's
acceptance and agreement to the terms and conditions of Categorical Exclusion Order
CE-5-NPB-16-1.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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 5: The City Council finds that pursuant to the authority and criteria
contained in the California Environmental Quality Act (CEQA), the LCP and this related
action 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, because CEQA does not
apply to a local government's preparation and adoption of a LCP.
Resolution No. 2017 -
Page 3 of 3
Section 6: 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 14th day of March 2017.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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Aaron C. Harp
City Attorney
Kevin Muldoon
Mayor
Attachment(s): Exhibit A — Resolution of Approval of the Categorical Exclusion Order
with Conditions