HomeMy WebLinkAbout2019-78 - 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 Hedge Heights in Front Yard Setbacks within Lido Isle (PA20RESOLUTION NO. 2019-78
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
HEDGE HEIGHTS IN FRONT YARD SETBACKS WITHIN
LIDO ISLE (PA2019-132)
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 the Zoning Code 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 related to hedge heights in front yard setbacks within Lido Isle at the
request of the Lido Isle Community Association ("LICA").
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 hedge heights in front yard setbacks within Lido Isle.
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.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Resolution No. 2019-78
Page 2 of 2
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15262 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.
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 10TH day of September, 2019.
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Will O'Neill
Mayor Pro Tem
ATTEST:
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Leilani I. Brown
City Clerk
APPROVED AS TO FORM: cql,...nN`i
CITY ATTORNEY'S OFFICE
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Aaron 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. 2019-78, was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 10'h day of September, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy
Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council
Member Kevin Muldoon
NAYS: None
RECUSED: Mayor Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 111h day of September, 2019.
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Leilani I. Brown
City Clerk
Newport Beach, California
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