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Home My WebLink About2022-1 - 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 (PA2019-132ORDINANCE 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"); 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: 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. 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: MAYOR MULDOON, MAYOR PRO TEM BLOM, COUNCIL MEMBER BRENNER, COUNCIL MEMBER AVERY, COUNCIL MEMBER DUFFIEr D, C-01INC IT MEMBER O' NE11-1 RECUSED: it - ATTEST: KEVIN MUL ��-W POGO LEILANI I. BROWNt CITY CLERK vu- j. ,, MOW C,9L`FQ RNP APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE oto— , AARON C. HARP, CITY ATTORNEY Attachment(s): Exhibit A: A-10 Lido Isle Area Map N, N, MAYOR EXHIBIT "A" A-10 Lido Isle Area Map 4r J^ �f( t 8 S •R§int.. • � _ .4 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; that the foregoing ordinance, being Ordinance No. 2022-1 was duly introduced on the 11'h day of January, 2022, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 25th day of January, 2022, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of January, 2022. "V�Xkm� Leilani I. Brown, MMC City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2022-1 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: January 15, 2022 Adopted Ordinance: January 29, 2022 In witness whereof, I have hereunto subscribed my name this day of February, 2022. Leilani I. Brown, MMC City Clerk City of Newport Beach, California