HomeMy WebLinkAbout03 - Amending the NBMC for Lido Isle Hedge Heights (PA2019-132)Q �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
January 25, 2022
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: David S. Lee, Associate Planner
PHONE: 949-644-3225, dlee@newportbeachca.gov
TITLE: Ordinance No. 2022-1: Amending the Newport Beach Municipal
Code for Lido Isle Hedge Heights (PA2019-132)
ABSTRACT:
For the City Council's consideration is the adoption of Ordinance No. 2022-1, to increase
allowable hedge height limitations in front setbacks abutting stradas on Lido Isle from
42 inches to 60 inches. This amends Title 21 (Local Coastal Program Implementation
Plan) to be consistent with Local Coastal Program (LCP) Amendment No. LC2019-002,
which the California Coastal Commission approved on November 19, 2021. The attached
ordinance was introduced and considered at the January 11, 2022, City Council meeting.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2022-1, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Local Coastal Program
Amendment No. LC2019-002 to Amend Title 21 (Local Coastal Program
Implementation Plan) of the City of Newport Beach Municipal Code Related to Hedge
Heights in Front Setbacks Abutting Stradas in Lido Isle (PA2019-132)
DISCUSSION:
There is an existing inconsistency in hedge height regulations between the Newport
Beach Municipal Code (NBMC) and the regulations of the Lido Isle Community
Association (LICA). City regulations contained within NBMC Title 20 and Title 21 establish
a maximum height of 42 inches for hedges within a required front setback area, whereas
LICA regulations permit a maximum height of 60 inches. Due to this inconsistency, the
Board of Directors for LICA made a formal request that the City of Newport Beach (City)
amend its regulations to raise hedge height maximums along the stradas on Lido Isle
from 42 inches to 60 inches, thereby making the NBMC consistent with LICA's
regulations.
3-1
Ordinance No. 2022-1: Amending the Newport Beach Municipal Code for
Lido Isle Hedge Heights (PA2019-132)
January 25, 2022
Page 2
On February 11, 2020, the City Council introduced an ordinance to amend Title 20
(Planning and Zoning) to be consistent with LICA regulations, and authorized submittal
of the amendment to the California Coastal Commission (CCC). On November 19, 2021,
the CCC approved Local Coastal Program Amendment No. LC2019-002 with no
modifications. As a result, the amendment is now considered deemed approved and
became a certified part the City's Local Coastal Program on December 3, 2021; however,
full implementation requires the adoption of the attached ordinance.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Ordinance No. 2022-1
3-2
Attachment A
Ordinance No. 2022-1 — Title 21 Code Amendment
3-3
ORDINANCE NO. 2022-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2019-002 TO
AMEND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN
FRONT SETBACKS ABUTTING STRADAS IN LIDO ISLE
(PA2019-132)
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") 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 restriction and limitations contained in the
City Charter and the 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 that portion of the
coastal zone within its jurisdiction;
WHEREAS, in 2005 the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("LCP") as amended from time to time;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City of
Newport Beach 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 on January 30, 2017;
WHEREAS, an amendment to Title 21 of the NBMC in relation to hedge heights
in front setbacks abutting stradas in Lido Isle is necessary in order to reconcile differing
regulations between the City and Lido Isle Community Association ("LICA") ("LCP
Amendment No. LC2019-002");
3-4
Ordinance No. 2022-1
Page 2 of 4
WHEREAS, a public hearing was held by the Planning Commission on December
5, 2019, 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 California Government Code Section 54950 et seq. ("Ralph M.
Brown Act"), Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and Title 14 of
the California Code of Regulations ("CCR") Section 13515. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this public
hearing;
WHEREAS, pursuant to 14 CCR Section 13515, drafts of the LCP Amendments
were made available and a Notice of Availability was distributed on October 4, 2019, at
least six weeks prior to the final action date;
WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution
No. PC2019-035 by a unanimous vote (6 ayes, 0 nays, 1 absent), recommending
approval of Zoning Code Amendment No. CA2019-005 and LCP Amendment No.
LC2019-002 to the City Council;
WHEREAS, a public hearing was held by the City Council on February 11, 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
the Ralph M. Brown Act, Chapters 20.62 and 21.62 (Public Hearings) of the NBMC, and
14 CCR Section 13515. Evidence, both written and oral, was presented to, and
considered by, the City Council at this public hearing;
WHEREAS, at the conclusion of the hearing, the City Council introduced
Ordinance No. 2020-7 adopting Zoning Code Amendment No. CA2019-005 and
Resolution No. 2020-19 authorizing submittal of LCP Amendment No. LC2019-002 to the
California Coastal Commission by a unanimous vote (7 ayes, 0 nays); and
WHEREAS, on November 19, 2021, the California Coastal Commission approved
LCP Amendment No. LC2019-002 (LCP-5-NPB-20-0025-1) with no modifications, as a
result, LCP Amendment No. LC2019-002 is now deemed approved and became certified
as part of the City's LCP and Title 21.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
3-5
Ordinance No. 2022-1
Page 3 of 4
Section 1: Section 21.30.060(c)(6) (Height Limits and Exceptions) of Title 21
(Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code is
hereby added to read as follows, with all other provisions remaining unchanged:
6. Hedges in Lido Isle. In front setback areas abutting stradas in Lido Isle, the
maximum hedge height shall be five feet.
Section 2: Area Map A-10 Lido Isle is hereby added to Section 21.80.010 (Area
Maps) of Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code, which is attached hereto and incorporated herein by reference as Exhibit
"A. „
Section 3: The LCP and Title 21 (Local Coastal Program Implementation Plan),
including LCP Amendment No. LC2019-002, shall be carried out in full conformance with
the California Coastal Act.
Section 4: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 5: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance 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 introduction and adoption of this ordinance
is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as
defined in Section 15378) of the CEQA Guidelines, as set forth in the California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 7: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
3-6
Ordinance No. 2022-1
Page 4 of 4
Section 8: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of January, 2022, and adopted on the 25th day of
January, 2022, by the following vote, to -wit -
AYES:
NAYS:
ABSENT:
KEVIN MULDOON, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
q,j (7/
AARON ARP COTY ATTORNEY
Attach nt(s): Exhibit A: A-10 Lido Isle Area Map
3-7
EXHIBIT "A"
A-10 Lido Isle Area Map
I
LO
0
Ef,
3-8
Da
LO
0
Ef,
3-8