HomeMy WebLinkAbout2019-31 - Initiating Amendments to Title 20 Entitled "Planning and Zoning" And Title 21 Entitled "Local Coastal Program Implementation Plan" Of The City of Newport Beach Municipal Code Related to Height Measurement, Accessory Structures And Residential OfRESOLUTION NO. 2019-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND
ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL
PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
HEIGHT MEASUREMENT, ACCESSORY STRUCTURES
AND RESIDENTIAL OFF-STREET PARKING
REQUIREMENTS FOR PROPERTIES LOCATED IN THE
VE SPECIAL FLOOD HAZARD AREA (PA2018-075)
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020
provides that the City Council of the City of Newport Beach ("City Council") may initiate
an amendment to Title 20 with or without a recommendation from the Planning
Commission;
WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in NBMC Title 21 to be initiated by the City Council; and
WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to
modify regulations relating to height measurement, accessory structures and residential
off-street parking requirements for properties located in VE Special Flood Hazard Area
designated by the Federal Emergency Management Agency ("FEMA") Flood Insurance
Rate Maps.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to NBMC Title 20
"Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to
modify regulations relating to the method of height measurement of buildings and
accessory structures, allowed encroachments into required setback areas and parking
standards for residential uses for properties located in the VE Special Flood Hazard
Area.
Section 2: 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. 2019-31
Page 2 of 2
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is
categorically exempt pursuant to Title 14 California Code of Regulations, Section
15262 (Feasibility and Planning Studies) Guidelines for Implementation of the
California Environmental Quality Act ("CEQA"). Section 15262 exempts projects
involving feasibility or planning studies for possible future actions which the agency,
board, or commission has not approved or adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 26th day of March, 2019.
ATTEST:
c
Leilani I. Brown .
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C,42- Aar n C. Harp
Cit Attorney
Diarfe"B. Dixon
Mayor
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. 2019-31 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 26th day of March, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Mayor Pro Tem Will O'Neill, Mayor Diane
Dixon
NAYS: None
RECUSED: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of March, 2019.
r
Leilani I. Br wn
City Clerk
Newport Beach, California