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HomeMy WebLinkAboutPC2020-042 - RECOMMENDING CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. GP2020-005 AND ZONING CODE AMENDMENT NO. CA2019-007 TO REMOVE AN AMORTIZATION PERIOD FOR NONCONRESOLUTION NO. PC2020-042 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. GP2020-005 AND ZONING CODE AMENDMENT NO. CA2019-007 TO REMOVE AN AMORTIZATION PERIOD FOR NONCONFORMING SIGNS (PA2019-184) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. In October 2005, the City of Newport Beach (“City”) comprehensively updated its sign regulations. Sign standards changed and certain previously allowed signs were prohibited. Newport Beach Municipal Code (“NBMC”) Sections 20.42.140 (Nonconforming Signs) and 21.30.065 (Signs) require certain signs that do not conform to the new regulations to be abated within 15 years (“Amortization Period”) from the effective date of the sign code update. 2. The Amortization Period was set to expire on October 27, 2020, at which time all nonconforming signs must be removed. On October 22, 2019, the City Council of the City of Newport Beach adopted Resolution 2019-92 initiating an amendment to Title 20 (Planning and Zoning) (“Title 20”) related to signs including extending the Amortization Period (“Zoning Code Amendment”). 3. On March 15, 2020, the City proclaimed a local emergency due to the COVID-19 global pandemic. Due to the extreme peril upon personal safety that is based on the existence or threatened existence of COVID-19 within and/or around the City, many businesses have been forced to reduce services or temporarily close. 4. On May 7, 2020, the Planning Commission conducted a duly noticed public hearing to consider Zoning Code Amendment No. CA2019-007 and Local Coastal Program Amendment No. LC2019-005, a request to extend the Amortization Period for five (5) years. At the conclusion of the public hearing and after deliberations, the Planning Commission adopted Resolution Nos. PC2020-015 and PC2020-016; thereby recommending the City Council eliminate the Amortization Period. 5. On June 23, 2020, the City Council conducted a duly noticed public hearing to consider the Zoning Code Amendment and Local Coastal Program Amendment. Endorsing the Planning Commission’s recommendation, the City Council adopted Resolution No. 2020-66 to initiate the General Plan Amendment and Coastal Land Use Plan Amendment. As part of this action, the City Council also directed staff Planning Commission Resolution No. PC2020-042 Page 2 of 6 not to enforce the October 27, 2020 deadline, until such time the City Council has taken final action on the proposed General Plan Amendment and Coastal Land Use Plan Amendment. 6. A telephonic public hearing was held by the Planning Commission on November 19, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and NBMC Chapter 20.62 (Public Hearings). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The General Plan Amendment and Zoning Code Amendment are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. While this amendment would allow existing legal nonconforming signs to remain in place, it does not authorize new development that would directly result in physical change to the environment. There is no evidence that removal of the Amortization Period would result in any new effects on the environment. SECTION 3. FINDINGS. General Plan Amendment 1. The General Plan amendment is a request to amend General Plan Policy No. NR 21.2 (Illegal Signs and Legal Nonconforming Signs), which states, “Implement programs to remove illegal signs and amortize legal nonconforming signs.” While this change will eliminate the reference to amortize legal nonconforming signs, the goal of removing illegal signs will remain. Elimination of the Amortization Period for nonconforming signs is consistent with General Plan Policy No. LU 1.5 (Economic Health), which states, “Encourage a local economy that provides adequate commercial, office, industrial, and marine- oriented opportunities that provide employment and revenue to support high- quality community services.” Due to the COVID-19 pandemic, many businesses in the City are facing an economic hardship as a result of being required to reduce services or close temporarily. Eliminating the requirement for nonconforming signs to be removed or replaced will reduce the financial burden on businesses during the COVID-19 crisis and assist in the recovery of the local economy. Planning Commission Resolution No. PC2020-042 Page 3 of 6 2. The Vision Statement of the City’s General Plan states, in order to provide a responsive government, “Elected officials and City staff listen and respond to the interests of residents and the business community.” The testimony and correspondence provided by the business community during the public hearings has shown that the proposed amendments are responsive to the business communities concerns and will assist the community in achieving and maintaining its economic vitality. 3. Pursuant to California Government Code Section 65352.3 (SB 18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission (“NAHC”) each time it considers a proposal to adopt or amend the General Plan. If requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources. California Government Code Section 65352.3 further requires notification at least 90 days prior to Council action to allow tribal contacts to respond to the request to consult. Notice was provided to all contacts on the NAHC list on July 28, 2020. The 90-day notice period expired on October 27, 2020, with no tribes requesting consultation. Zoning Code Amendment 1. Elimination of the Amortization Period for nonconforming signs is consistent with the General Plan Policy No. LU 1.5 (Economic Health), which states, “Encourage a local economy that provides adequate commercial, office, industrial, and marine- oriented opportunities that provide employment and revenue to support high- quality community services.” Due to the COVID-19 pandemic, many businesses in the City are facing an economic hardship as a result of being required to reduce services or close temporarily. The Zoning Code Amendment is consistent with this policy, as it will reduce the financial burden on businesses during the COVID-19 crisis and assist in the recovery of the local economy. 2. Elimination of the Amortization Period for nonconforming signs is consistent with the amended General Plan Policy No. NR 21.2 (Illegal Signs and Legal Nonconforming Signs), which upon approval of the City Council of this project will state, “Implement programs to remove illegal signs.” This amendment will allow the City to focus on abating illegal signs instead of nonconforming signs that were consistent with the Code at the time of their erection. The Vision Statement of the City’s General Plan states, in order to provide a responsive government, “Elected officials and City staff listen and respond to the interests of residents and the business community.” The testimony and correspondence provided by the business community during the public hearings has shown that the Zoning Code Amendments are responsive to the business communities concerns and will assist the community in achieving and maintaining its economic vitality. Planning Commission Resolution No . PC2020-042 Page 4 of 6 3. The Zoning Code Amendment to eliminate the Amortization Period for removal of nonconforming signs is consistent with Title 20 (Planning and Zoning) of the NBMC . The types of signs that will no longer be subject to removal (roof signs , pole signs, internally illuminated signs with translucent faces, and oversized signs) will continue to be prohibited by the Code. All nonconforming signs that are proposed to be altered will continued to be reviewed to ensure the changes are compliant with the requirements set forth in Title 20. SECTION 4. DECISION . NOW, THEREFORE, BE IT RESOLVED: 1. The General Plan Amendment and Zoning Code Amendment are exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061 (b)(3), the general rule that CEQA applies only to projects , which have the potential for causing a significant effect on the environment. There is no evidence that removal of the Amortization Period would result in any new effects on the environment. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve General Plan Amendment No . GP2020-005 and Zoning Code Amendment No . CA2019-007, as set forth in Exhibit "A", which is attached hereto and incorporated herein by reference . PASSED, APPROVED, AND ADOPTED THIS 19rH DAY OF NOVEMBER 2020. AYES : Ellmore, Klaustermeier , Kleiman , Koetting, Lowrey, Rosene and Weigand NOES: ABSTAIN : rik Weigand, BY :~ --'--L-a-u-re_n_K_le-im~a-nc...., S_e_c_r_e-ta_ry_ Planning Commission Resolution No. PC2020-042 Page 5 of 6 EXHIBIT “A” GENERAL PLAN AMENDMENT NO. GP2020-005 AND ZONING CODE AMENDMENT NO. CA2019-007 Section 1: Policy No. NR 21.2 of the Natural Resources Element of the City of Newport Beach General Plan is amended to read as follows: NR 21.2 Illegal Signs Implement programs to remove illegal signs. (Imp 2.1, 26.1) Section 2: Section 20.42.140 (Nonconforming Signs) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code shall be deleted and replaced in its entirety to read as follows: 20.42.140 Nonconforming Signs. A. Removal of Nonconforming Signs. Nonconforming signs shall be removed if: 1. The nonconforming sign is more than fifty (50) percent destroyed, and the destruction is other than facial copy replacement. A nonconforming sign shall be deemed to be more than fifty (50) percent destroyed if the estimated cost of reconstruction exceeds fifty (50) percent of the replacement cost as determined by the Building Official; 2. The nonconforming sign is remodeled, unless the sign is remodeled to comply with the provisions of this chapter; 3. The nonconforming sign is located on a building that is enlarged or expanded, if the nonconforming sign is affected by the construction, enlargement, remodel, or expansion. An enlargement, remodel, or expansion of the portion of the building upon which the nonconforming sign is located or that is more than fifty (50) percent of the building area shall be deemed to affect the nonconforming sign; or 4. The nonconforming sign is temporary. B. Deactivation of Flashing Features. The owner of a sign that contains flashing features shall permanently deactivate the flashing features. C. Continuance of Nonconforming Signs. Except as provided in subsection (A) of this section, a nonconforming sign may be continued and shall be maintained in good condition as required by these regulations, but it shall not be: Planning Commission Resolution No. PC2020-042 Page 6 of 6 1. Structurally changed to another nonconforming sign, although its copy and pictorial content may be changed. 2. Structurally altered to prolong the life of the sign, except to meet safety requirements. 3. Expanded or altered in any manner that increases the degree of nonconformity. D. Repairing and Repainting. Nonconforming signs shall only be painted and repaired in place and shall not be removed from their existing location, except for building remodeling, unless removal of the sign for painting or repair is part of the sign’s customary maintenance and repair. E. Change of Business Ownership. Upon a change of ownership, the new owner of a nonconforming sign may change the name or names on the sign so long as there is no change in the structure or configuration of the sign.