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Home My WebLink About2021-79 - Amending Policy No. 4.4.4-4 of the Newport Beach Coastal Land Use Plan Related to the Amortization of Nonconforming Signs (PA2019-184)RESOLUTION NO. 2021-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING POLICY NO. 4.4.4-4 OF THE NEWPORT BEACH COASTAL LAND USE PLAN RELATED TO THE AMORTIZATION OF NONCONFORMING SIGNS (PA2019-184) WHEREAS, Section 30500 of the 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 ("LCP") as amended from time to time including most recently on February 12, 2019, via Resolution No. 2019-16; 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, Policy 4.4.4-4 of the LCP provides the policy goal of amortizing legal non -conforming signs which was set to expire on October 27, 2020 ("Amortization Period"); WHEREAS, on October 22, 2019, the City Council adopted Resolution No. 2019- 92 initiating amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) related to signs including extending the Amortization Period; WHEREAS, on March 15, 2020, the City proclaimed a local emergency due to the COVID-19 global pandemic; WHEREAS, due to the extreme peril upon personal safety that is based on the existence or threatened existence of COVID-19 within and/or around the City, 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 the draft LCP Amendment was made available and a Notice of the Availability was distributed on November 6, 2020, a minimum of six (6) weeks prior the City Council public hearing; Resolution No. 2021-79 Page 2 of 4 WHEREAS, a telephonic public hearing was held by the Planning Commission on May 7, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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 Chapters 20.62 and 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; WHEREAS, a public hearing was held by the City Council on June 23, 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 Chapters 20.62 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; WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-66 to initiate the General Plan Amendment and Coastal Land Use Plan Amendment to eliminate the Amortization Period; WHEREAS, a telephonic public hearing was held by the Planning Commission on November 19, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with Ralph M. Brown Act and Chapters 20.62 and 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. PC2020-042 and PC2020-043 by a majority vote (7 ayes, 0 nays) recommending the City Council approve Zoning Code Amendment No. CA 2019- 007 and LCP Amendment No. LC2019-005 to eliminate the Amortization Period; Resolution No. 2021-79 Page 3 of 4 WHEREAS, a telephonic public hearing was held by the City Council on February 23, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, observing restrictions due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. 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, on February 23, 2021, the City Council introduced Ordinance No. 2021-05 revising Title 20 (Planning and Zoning) to eliminate the amortization of nonconforming signs (Code Amendment No. CA2019-007) and adopted Resolution No. 2021-16 to eliminate the amortization of nonconforming signs as set forth in the General Plan and adopted Resolution No. 2021-17 authorizing submittal of LCP Amendment No. LC2019-005 to the California Coastal Commission by a unanimous vote (6 ayes, 0 nays); and WHEREAS, on July 7, 2021, the California Coastal Commission approved LCP Amendment No. LC2019-005 (LCP-5-NPB-21-0036-1 Part B) with no modifications. As a result, LCP Amendment No. LC2019-005 is now deemed approved and became a certified part of the City's Local Coastal Program. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Policy No. 4.4.4-4 of 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. Section 2: The LCP, including LCP Amendment No. LC2019-005, shall be carried out in full conformance with the California Coastal Act. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: 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 ordinance. 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. 2021-79 Page 4 of 4 Section 5: The City Council finds the introduction and adoption of this resolution is exempt pursuant to California Environmental Quality Act ("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. While LCP Amendment No. LC2019- 005 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. Section 6: 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 14th day of September, 2021. ad ery 0 ATTEST: r � Y �Rp�- Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7G4,------ 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. 2021-79 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of September, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill 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 151h day of September, 2021. " J-at*K- Leilani I. rown City Clerk Newport Beach, California