HomeMy WebLinkAboutPC2020-044 - RECOMMENDING THE CITY COUNCIL DENY LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-008, AN AMENDMENT TO TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO SHORT-TERM LODGING ON NEWPORT ISLAND (PA202RESOLUTION NO. PC2020-044
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL DENY LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2020-008, AN
AMENDMENT TO TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO SHORT-TERM LODGING
ON NEWPORT ISLAND (PA2020-326)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS
AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
-1. On October 13, 2020, after deliberation of Local Coastal Program Amendment No.
LC 2020-007, the City Council initiated an amendment to Title 21 (Local Coastal
Program Implementation Plan) ("LCP Amendment") related to short-term lodging
on Newport Island.
2. Pursuant to Section 13515 (Public Participation and Agency Coordination
Procedures) of the California Code of Regulations, Title 14, Division 5.5, Chapter
8, a draft of the LCP Amendment was made available and a Notice of Availability
was distributed on November 20, 2020, a minimum of six (6) weeks prior to the
anticipated final action date.
3. A telephonic public hearing was held by the Planning Commission on December 3,
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 Chapter 21.62 (Public Hearings) of the Newport Beach
Municipal Code ("NBMC"). 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 LCP Amendment is not a project subject to the California Environmental Quality
Act ("CEQA") in accordance with Section 21065 of the California Public Resources
Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed
action is also exempt 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.
Planning Commission Resolution No. PC2020-044
Page 2 of 2
SECTION 3. FINDINGS.
1. The City Council adopted Ordinance No. 2020-15 on July 14, 2020, amending
Chapter 5.95 (Short Term Lodging Permit) of the NBMC. This ordinance was
adopted in response to complaints about noise, too many guests in one unit,
shortage of available street parking, and overflowing trash occurring at short-term
lodging. The Planning Commission finds considering changes to Title 21 is
premature and that enforcement of the amendments to Chapter 5.95 may resolve
impacts that short-term lodging units have on neighboring residents located on
Newport Island.
2. 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 LCP Amendment is not a project subject to
CEQA pursuant to Section 21065 of CEQA and CEQA Guidelines Sections 15060
( c)(2), 15060 ( c)(3), and 15378 of the California Code of Regulations Title 14, Division
6, Chapter 3. The LCP Amendment is also exempt pursuant to CEQA Guidelines
Section 15061 (b)(3), because it has no potential to have a significant effect on the
environment.
2. The Planning Commission of the City of Newport Beach hereby recommends the
City Council deny Local Coastal Program Amendment No. LC2020-008.
PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF DECEMBER, 2020.
AYES:
NOES:
ABSTAIN:
ABSENT:
Ellmore, Klaustermeier, Kleiman, Koetting, Lowrey and Rosene
Weigand
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