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Home My WebLink About2022-90 - Amending the City of Newport Beach Local Coastal Program to add Policy 2.1.1-2 Regulating the Transfer of Development Rights (PA2019-154)RESOLUTION NO. 2022-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2019-003 AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION ADDING POLICY NO.2.1.1-2 TO THE COASTAL LAND USE PLAN RELATED TO THE TRANSFER OF DEVELOPMENT RIGHTS (PA2019-154) WHEREAS, 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; WHEREAS, in 2005, the City of Newport Beach ("City") adopted the Local Coastal Program Coastal Land Use Plan ("Coastal Land Use Plan"), which has been amended from time to time; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City's LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, amendments to Title 21 (Local Coastal Program Implementation Plan) ("Title 21 ") and the Coastal Land Use Plan are necessary to allow for the transfer of development rights consistent with General Plan Land Use Element Policies Nos. LU 4.3 and 6.14.3, and Chapter 20.46 (Transfer of Development Rights) of the Newport Beach Municipal Code ("NBMC"); WHEREAS, the Planning Commission held a public hearing on August 22, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2019-026 by a unanimous vote (7 ayes, 0 nays), recommending approval of Local Coastal Program Amendment No. LC2019-003 to the City Council; WHEREAS, pursuant to Title 14 of the California Code of Regulations Section 13515 ("Section 13515"), drafts of Local Coastal Program Amendment No. LC2019-003 were made available and distributed at least six weeks prior to the final action date, Resolution No. 2022-90 Page 2 of 4 WHEREAS, the City Council held a public hearing on October 8, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, Section 13515, and Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2019-090 authorizing submittal of Local Coastal Program Amendment No. LC2019- 003 to the Coastal Commission by a unanimous vote (7 ayes, 0 nays); WHEREAS, at its October 12, 2022, hearing, the Coastal Commission approved and certified Local Coastal Program Amendment No. LC2019-003 with modifications (LCP- 5- NPB-21-0036-1 Part D) as being consistent with the California Coastal Act; and WHEREAS, the City Council held a public hearing on November 29, 2022, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby adopts Local Coastal Program Amendment No. LC2019-003 and accepts the suggested modifications approved by the California Coastal Commission. Section 2: Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan shall be amended to add Policy No. 2.1.1-2 to read as follows, with all other provisions of the Coastal Land Use Plan remaining unchanged: 2.1.1-2 Permit the transfer of development rights from a property to one or more other properties within the same Statistical Area when the transfer does not result in adverse visual or traffic impacts, results in development that is compatible with surrounding development, and is implemented in a manner consistent with the LCP and applicable policies from Chapter 3 of the Coastal Act. Resolution No. 2022-90 Page 3 of 4 Section 3: The LCP, including Local Coastal Program Amendment No. LC2019- 003, will be carried out fully in conformity with the California Coastal Act. Section 4: The City Council hereby authorizes City staff to submit this resolution for a determination by the Executive Director of the Coastal Commission that this action is legally adequate to satisfy the specific requirements of the Coastal Commission's October 12, 2022, action on LCP Amendment Request No. LCP-5-NPB-21-0036-1 Part D (Transfer of Development Rights). Section 5: This resolution shall not become until the Executive Director of the Coastal Commission certifies that this resolution complies with the Coastal Commission's October 12, 2022, action on LCP Amendment Request No. LCP-5- NPB-21-0036-1 Part D (Transfer of Development Rights). Section 6: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 7: 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. Resolution No. 2022-90 Page 4 of 4 Section 8: The action proposed herein 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. Lastly, 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. The Local Coastal Program Amendment No. LC2019-003 itself does not authorize development that would directly result in physical change to the environment. Section 9: This resolution shall take effect as provided in Section 5 of this resolution, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 29th day of November, 2022. ATTEST: W Leilani I. Brown( Vcc`City Clerk � ! 7rFORa APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aar n C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2022-90 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 291h day of November, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 301h day of November, 2022. EffiffFWARITIN 11 JL Leilani I. Brown City Clerk Newport Beach, California