HomeMy WebLinkAbout2021-17 - Authorizing Submittal of Local Coastal Program Amendment No. LC2019-005 to the California Coastal Commission to Amend Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code and the Coastal Land Use PlanRESOLUTION NO. 2021-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AUTHORIZING
SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2019-005 TO THE CALIFORNIA
COASTAL COMMISSION TO AMEND TITLE 21 (LOCAL
COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE
CITY OF NEWPORT BEACH MUNICIPAL CODE AND THE
COASTAL LAND USE PLAN TO REMOVE THE
AMORTIZATION OF NONCONFORMING SIGNS (PA2019-
0184)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, Section 30500 of the California Public Resources Code requires each
county and city to prepare a local coastal program ("LCP") for the portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the City of
Newport Beach Local Coastal Program Coastal Land Use Plan as amended from time to
time including most recently on February 12, 2019, via Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21
(Local Coastal Program Implementation Plan) ("Title 21 ") to the Newport Beach Municipal
Code ("NBMC") whereby the City assumed coastal development permit -issuing authority
as of January 30, 2017;
WHEREAS, the City comprehensively updated its sign regulations in October
2005, including incorporation of Newport Beach Municipal Code ("NBMC") Sections
20.42.140 (Nonconforming Signs) and 21.30.065 (Signs) which require certain signs that
do not conform to the new regulations to be abated within 15 years ("Amortization Period")
from the effective date of the sign code update;
WHEREAS, the Amortization Period was set to expire on October 27, 2020, at
which time all nonconforming signs were to be removed, however, on October 22, 2019,
the City Council adopted Resolution No. 2019-92 initiating an extension of the
Amortization Period;
Resolution No. 2021-17
Page 2 of 5
WHEREAS, on March 15, 2020, the City proclaimed a local emergency due to the
COVID-19 global pandemic and many businesses have been forced to reduce services
or temporarily close;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, review of LCP Amendment No. 2019-005 was made available and a Notice of
the Availability was distributed on April 21, 2020, which is a minimum of six weeks prior
to the final action date;
WHEREAS, a public hearing was held telephonically by the Planning Commission
due to the Declaration of a State of Emergency and Proclamation of Local Emergency
related to COVID-19 on May 7, 2020, 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 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 public hearing, the Planning Commission
adopted Resolution Nos. PC2020-015 and PC2020-016 by a majority vote (7 ayes, 0
nays), recommending the City Council eliminate the Amortization Period instead of
extending the Amortization Period for an additional five years;
WHEREAS, a public hearing was held telephonically by the City Council due to
the Declaration of a State of Emergency and Proclamation of Local Emergency related to
COVID-19 on June 23, 2020, in the Council Chambers located at 100 Civic Center Drive,
Newport Beach, CA to consider Zoning Code Amendment No. CA2019-007 and Local
Coastal Program Amendment No. LC2019-005. A notice of time, place and purpose of the
public hearing was given in accordance with the 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 City Council at this public hearing;
WHEREAS, at the conclusion of the public hearing, the City Council adopted
Resolution No. 2020-66 to eliminate the Amortization Period and directed staff not to
enforce the October 27, 2020 deadline, until such time the City Council has taken final
action on the proposed General Plan Amendment and Coastal Land Use Plan
Amendment;
Resolution No. 2021-17
Page 3 of 5
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, review of LCP Amendment No. 2019-005 was made available and a Notice of
the Availability was distributed on November 6, 2020, which is a minimum of six weeks
prior to the final action date;
WHEREAS, a public hearing was held was held telephonically by the Planning
Commission due to the Declaration of a State of Emergency and Proclamation of Local
Emergency related to COVID-19 on November 19, 2020, 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 Chapter
21.62 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 public hearing, the Planning Commission
adopted Resolution No. PC2020-043 by a majority vote (7 ayes, 0 nays) recommending
the City Council approve Local Coastal Program Amendment No. LC2019-005 to
eliminate the Amortization Period; and
WHEREAS, a public hearing was held telephonically by the City Council due to the
Declaration of a State of Emergency and Proclamation of Local Emergency related to
COVID-19 on February 23, 2021, 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, Chapter 21.62 of the NBMC and
Section 13515 of the California Code of Regulations. 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 does hereby authorize submittal to the California
Coastal Commission of Local Coastal Program Amendment No. LC2019-005 to amend
Section 21.30.065(E) (Signs) of Title 21 (Local Coastal Program Implementation Plan) of
the Newport Beach Municipal Code and Policy No. 4.4.4-4 of the Chapter 4 (Coastal
Resources Protection) of the City of Newport Beach Coastal Land Use Plan as set forth
in Exhibit "A," which is attached hereto and incorporated herein by reference.
Section 2: Local Coastal Program Amendment No. LC2019-005 shall not become
effective until approval by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council of the City of Newport Beach.
Resolution No. 2021-17
Page 4 of 5
Section 3: The Local Coastal Program and Title 21 (Local Coastal Program
Implementation Plan), including Local Coastal Program Amendment No. LC2019-005,
will be carried out fully in conformity with the California Coastal Act.
Section 4: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 5: 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 6: The City Council finds the adoption of this resolution is categorically
exempt from the California Environmental Quality Act ("CEQA") pursuant to Section
15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3, because of the general rule that CEQA applies only to projects, which have
the potential for causing a significant effect on the environment. While this amendment
would allow existing legal nonconforming signs to remain in place, it does not authorize
new development that would directly result in physical change to the environment. There
is no evidence that removal of the Amortization Period would result in any new effects on
the environment. Additionally, 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. None of the exceptions listed in Section 15300.2 of the CEQA
Guidelines are applicable.
Resolution No. 2021-17
Page 5 of 5
Section 7: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of February, 2021.
ATTEST:
%9446"-
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar n C. Harp
City Attorney
Attachment: Exhibit A - Proposed Local Coastal Program Amendment No. LC2019-005
Related to Amortization of Nonconforming Signs (PA2019-070)
EXHIBIT "A"
Proposed Local Coastal Program Amendment No. LC2019-005
Related to Amortization of Nonconforming Signs (PA2019-070)
Section 1: Section 21.30.065(E) (Signs) of Title 21 (Local Coastal Program
Implementation Plan) of the NBMC shall be deleted in its entirety.
Section 2: Policy No. 4.4.4-4 of the Chapter 4 (Coastal Resources Protection) of the
City of Newport Beach Coastal Land Use Plan is amended to read as follows:
4.4.4-4 Implement programs to remove illegal signs.
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. 2021-17 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 February, 2021; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Will O'Neill
NAYS: None
RECUSED: Council Member Duffy Duffield
ABSENT: Mayor Pro Tem Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 241h day of February, 2021.
A &o,�i J
L ilani I. Brown
City Clerk
Newport Beach, California