HomeMy WebLinkAbout2020-66 - Initiating Amendments to the City of Newport Beach General Plan Natural Resources Element and the Local Coastal Program Coastal Land Use Plan Related to the Amortization of Now Conforming Signs (PA2019-184)RESOLUTION NO. 2020-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO THE CITY OF NEWPORT BEACH
GENERAL PLAN NATURAL RESOURCES ELEMENT AND
THE LOCAL COASTAL PROGRAM COASTAL LAND USE
PLAN RELATED TO THE AMORTIZATION OF NOW
CONFORMING SIGNS (PA2019-184)
WHEREAS, on October 22, 2019, the City Council of the City of Newport Beach
("City Council") adopted Resolution No. 2019-92 initiating amendments to Section
20.42.140 (Nonconforming Signs) of Title 20 (Planning and Zoning) and Section
21.30.065 of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code to extend an amortization period for the removal of nonconforming signs;
WHEREAS, on May 7, 2020, the Planning Commission of the City of Newport
Beach conducted a duly noticed public hearing to consider said code amendments. After
considering all written and oral evidence, the Planning Commission adopted Resolution
No. PC2020-015 and Resolution Nos. 2020-15 and 2020-016, thereby recommending the
City Council eliminate the amortization period;
WHEREAS, amending the Newport Beach Municipal Code to eliminate the
amortization period would be in conflict with City of Newport Beach General Plan
("General Plan") Natural Resources Element Policy No. NR 21.2 (Illegal Signs and Legal
Nonconforming Signs), which states the policy goal of "Implement[ing] programs to
remove illegal signs and amortize legal nonconforming signs";
WHEREAS, amending the Newport Beach Municipal Code to eliminate the
amortization period would further be in conflict with City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("Local Coastal Program") Policy No. 4.4.4-4, of
"Implement[ing] programs to remove illegal signs and amortize legal nonconforming
signs";
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the General Plan or Local Coastal Program to be initiated by the
City Council; and
Resolution No. 2020-66
Page 2 of 3
WHEREAS, the City Council desires to amend the General Plan and Local Coastal
Land Program to eliminate policies that require the amortization of nonconforming signs.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to the Natural
Resources Element of the City of Newport Beach General Plan and the City of Newport
Beach Local Coastal Program Coastal Land Use Plan to update the policies related to
nonconforming signs.
Section 2: Staff is hereby directed not to enforce the October 27, 2020 deadline
set forth in Section 20.42.140 (Nonconforming Signs) of Title 20 (Planning and Zoning)
and Section 21.30.065(E) (Removal of Nonconforming Signs) of Title 21 (Local Coastal
Program Implementation Plan) of the Newport Beach Municipal Code until such time the
City Council has taken final action on the amendments initiated by this resolution.
Section 3: 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.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 5: The City Council finds the adoption of this resolution is
categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because
Section 15262 exempts projects involving feasibility or planning studies for possible
future actions which the agency, board, or commission has not approved or adopted.
Resolution No. 2020-66
Page 3 of 3
Section 6: 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 231d day of June, 2020.
ATTEST:
MEMO&prA - 11111111 -
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Lei ani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
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Airo6 C. Harp
City Attorney
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Will O'Neill
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. 2020-66, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 23rd day of June, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Jeff Herdman, Council Member
Kevin Muldoon
NAYS: None
RECUSED: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 24th day of June, 2020.
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Leilani I. Brown
City Clerk
Newport Beach, California
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