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HomeMy WebLinkAboutPC2020-043 - RECOMMENDING CITY COUNCIL APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-005 TO AMEND COASTAL LAND USE PLAN POLICY NO. 4.4.4-4 AND SECTION 21.30.065(E) OF TRESOLUTION NO. PC2020-043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA RECOMMENDING CITY COUNCIL APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-005 TO AMEND COASTAL LAND USE PLAN POLICY NO. 4.4.4-4 AND SECTION 21.30.065(E) OF TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE AND AUTHORIZE STAFF TO SUBMIT THE AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION (PA2019-184) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. Section 30500 of the California 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. 2. In 2005, the City of Newport Beach (“City”) adopted the City of Newport Beach Local Coastal Program Coastal Land Use Plan (“Local Coastal Program”) as amended from time to time including most recently on January 22, 2019, via Resolution No. 2019-8. 3. The California Coastal Commission effectively certified the City’s Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) (“Title 21”) to the Newport Beach Municipal Code (“NBMC”) whereby the City assumed coastal development permit- issuing authority as of January 30, 2017. 4. An amendment to Title 21 and the Local Coastal Program does not authorize new development or additional signs, but rather allows for the elimination of the deadline for abatement while maintaining requirements for legal nonconforming signs to be brought into conformance or removed through natural attrition, and is necessary to reduce the financial burden on businesses during the COVID-19 crisis and assist in the recovery of the local economy (“LCP Amendment”). 5. 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 Planning Commission Resolution No. PC2020-043 Page 2 of 5 written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This LCP Amendment is exempt pursuant to California Environmental Quality Act (“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. Additionally, pursuant to CEQA Guidelines Section 15265(a)(1), local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. SECTION 3. FINDINGS. Coastal Land Use Plan Amendment 1. The Coastal Land Use Plan (CLUP) amendment is a request to amend Coastal Land Use Plan Policy No. 4.4.4-4, 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. 2. The types of signs that are subject to removal (roof signs, pole signs, internally illuminated signs with translucent faces, and oversized signs) will continue to be prohibited by the code. Allowing these signs to remain will not have an impact to public access or views to coastal resources. The amendment does not authorize new development or additional signs, but rather allows for the elimination of the deadline for abatement while maintaining requirements for legal nonconforming signs to be brought into conformance or removed through natural attrition, as set forth in Title 21 (Local Coastal Program Implementation Plan) of the NBMC. 3. This CLUP Amendment 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. 4. The LCP including this CLUP Amendment, will be carried out fully in conformity with the California Coastal Act. Planning Commission Resolution No. PC2020-043 Page 3 of 5 Local Coastal Program Implementation Plan Amendment - Title 21 1. The Implementation Plan (IP) Amendment 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. By eliminating the requirement for nonconforming signs to be removed, the IP Amendment is consistent with this General Plan 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. The IP Amendment is further consistent with the amended Coastal Land Use Plan Policy No. 4.4.4-4, 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. 3. This IP Amendment 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. 4. The LCP, including this IP Amendment, will be carried out fully in conformity with the California Coastal Act. 5. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the proposed LCP Amendment is exempt pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has no potential to have a significant effect on the environment and local governments are exempt from the requirements of CEQA in connection with the adoption of a Local Coastal Program. 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council approve LCP Amendment No. LC2019-005, to amend Chapter 4 (Coastal Resources Protection) of the City of Newport Beach Coastal Land Use Plan Policy No. 4.4.4-4, and to amend Section 21.30.065(E) (Signs) as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. Planning Commission Resolution No. PC2020-043 Page 5 of 5 EXHIBIT “A” LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-005 Section 1: Policy No. 4.4.4-4 of the Chapter 4 (Coastal Resources Protection) of the City of Newport Beach Coastal Land Use Plan is amended to read as follows: 4.4.4-4 Implement programs to remove illegal signs Section 2: Section 21.30.065(E) (Signs) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code shall be deleted.