HomeMy WebLinkAbout12 - Code Amendment Related Implementation of Senate Bill 9 (PA2021-277) - Public HearingA�W T
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CITY OF NEWPORT BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, July 12, 2022, at 4:00 p.m., or soon thereafter as the matter
shall be heard, a public hearing will be conducted in the City Council Chambers at 100 Civic Center Drive,
Newport Beach. The City Council of the City of Newport Beach will consider the following:
Senate Bill 9 Implementation Ordinance (PA2021-277) — Amendments to Title 19 (Subdivisions) and Title
20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC) to establish development
standards and procedural requirements related to the City's implementation of Senate Bill 9 (SB 9). SB 9
mandates local jurisdictions must ministerially permit: 1) the construction of two units on a single-family
zoned property; and 2) the subdivision of a single-family zoned lot into two lots.
Pursuant to California Government Code Sections 65852.210) and 66411.7(n), the adoption of an ordinance
by a city or county implementing the provisions of Government Code Sections 66411.7 and 65852.21
regulating urban lot splits and SB 9 Housing Developments is statutorily exempt from the requirements of
the California Environmental Quality Act (CEQA). Therefore, the Code Amendment is statutorily exempt
from CEQA in that the proposed ordinance implements the new laws enacted by SB 9. Additionally, the
Code Amendment is categorically exempt from CEQA under Section 15303 and 15315 as set forth in Title
14, Division 6, Chapter 3 of the California Code of Regulations, which categorically exempts the construction
of a second dwelling unit in a residential zone and the division of property in urbanized areas zoned for
residential use into four or fewer parcels. Sections 15303 and 15315 apply here in that the Code Amendment
regulates the construction of two dwelling units on a lot or the subdivision of a lot to create an additional
unit. Moreover, none of the "exceptions" to the use of the Class 3 exemption, set forth in State CEQA
Guidelines Section 15300.2, are applicable.
NOTICE IS HEREBY FURTHER GIVEN that on May 26, 2022, by a vote of (6-0-1), the Planning
Commission of the City of Newport Beach recommended that the City Council adopt the Senate Bill 9
Implementation Ordinance (PA2021-277).
All interested parties may appear and present testimony regarding this action. If you challenge this action in
court, you may be limited to raising only those issues you raised at the public hearing or in written
correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals
are provided in the Newport Beach Municipal Code Chapter 20.64 (Appeals). The matter may be continued to
a specific future meeting date, and if such an action occurs additional public notice of the continuance will not
be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City
Clerk's Office, 100 Civic Center Drive, Newport Beach, California, 92660 or at the City of Newport Beach
website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning
Division or access the City's website after the meeting to review the action on this application.
For questions regarding details of the project please contact Benjamin M. Zdeba, AICP, Senior Planner, at
949-44-3253 or bzdeba@newportbeachca.gov.
Project File No.: PA2021-277 Activity No.: CA2021-007
Location: Citywide Applicant: City of Newport Beach
(49",
/s/ Leilani I. Brown, MMC City Clerk, City of Newport Beach
dos .Angeles Time's
lE DI.
G R O U P
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined
with Daily Pilot, which was adjudged a newspaper of general
circulation on June 19, 1952, Cases A24831 for the City of Newport
Beach, County of Orange, and State of California. Attached to this
Affidavit is a true and complete copy as was printed and published on
the following date(s):
July 02, 2022
I certify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at Fountain Valley, California
on this 11th day of July, 2022.
[si nature]
10540 Talbert Avenue
Fountain Valley, CA 92708
7867857 - Newport Harbor News Press Combined With Daily Pilot
Page 1 of 2
dos .Angeles Times
IE D I A
Sold To-
G R O U P
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
Bill To:
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
LEGAL NOTICE
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CITY OF NEWPOR 'BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Tuesday, July 12, 2022, at 4:00 p.m., or soon
thereafter a the matter shall be heard, a public hearing will be conducted in the City
Council Chambers at 100 Civic Centel -Drive , Newport Beach. The City Council of the City
of Newport Beach will considerthe following.
Senate Bill 9 Implementation Ordinance (PA2021-277) — Amendments to Title 19
(Subdivisions) and Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
(NBMC) to establish development standards and procedural requirements related to the
City 's implementation of Senate Bill 9 (SB 9). SB 9 mandates local jurisdictions must
ministerially permit 1 )the construction of two units on a single-family zoned property and
2) the subdivision of a single-family zoned lot into two lots.
Pursuant to California Government Code Sections 66852.21(j) and 66411 7(n), the
adoption of an ordinance by a city or county implementing the provisions of Government
Code Sections 66411.7 and 65852.21 regulating urban lot splits and SB 9 Housing
Developments is statutorily exempt from the requirements of the California Environmental
Quality Act (CEOA). Therefore, the Code Amendment is statutorily exempt from CEOA in
that the proposed ordinance implements the new laws enacted by SB 9_ Additionally, the
Code Amendment is categorically exempt from CEQA under Section 15303 and 15315
as set forth in Title 14, Division 5, Chapter 3 of the California Code of Regulations, which
categorically exempts the construction of a second dwelling unit in a residential zone and
the division of property in urbanized areas zoned for residential use into four or fewer
parcels. Sections 15303 and 15315 apply here in that the Code Amendment regulates the
construction oftwo dwelling units on a lot orthe subdivision of a lotto create an additional
unit. Moreover, none of the "exceptions" to the use of the Class 3 exemption, set forth in
State CEOAGuidelines Section 15300.2, are applicable.
NOTICE IS HEREBY FURTHER GIVEN that on May 26, 2022, by a vote of (6-0-1), the
Planning Commission of the City of Newport Beach recommended that the City Council
adoptthe Senate Bill Implementation Ordinance (PA2021-277).
All interested parties may appear and present testimony regarding this action. If you
challenge this action in court, you may be limited to raising only those issues you raised
at the public hearing or in written correspondence delivered to the City, at, or pnorto, the
public hearing. Administrative procedures for appeals are provided in the Newport Beach
Municipal Code Chapter20.64 (Appeals) The matter may be continuedto a specific future
meeting date, and if such an action occurs additional public notice of the continuance will
not be provided. Prior to the public hearing the agenda, staff report, and documents may
be reviewed at the City Clerk's Office, 100 Civic Center Drive, Newport Beach, California,
92660 orat the City of Newport Beach website at www.newportbeachca.gov. Individuals not
able to attend the meeting may contact the Planning Division or access the City's website
afterthe meeting to review the action on this application_
For questions regarding details of the project please contact Benjamin M. Zdeba, AICP,
Senior Planner, at 949-44-3253 orbzdeba@newpoTbeachca.gov.
Project File No.: PA2021-277 Activity No.: CA2021-007
Location: Citywide Applicant: City of Newport Beach
/s/ Lollard I. Brown, MMC City Clerk, City of Newport Beach
7867857 - Newport Harbor News Press Combined With Daily Pilot
Page 2 of 2