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HomeMy WebLinkAbout2024-85 - Initiating an Amendment to the Housing Opportunity (HO) Overlay Zoning Districts in Title 20 (Planning and Zoning) and the Pending Housing Opportunity (HO) Overlay Coastal Zoning Districts in Title 21 (Local Coastal Program Implementation Plan)RESOLUTION NO. 2024-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AN AMENDMENT TO THE HOUSING OPPORTUNITY (HO) OVERLAY ZONING DISTRICTS IN TITLE 20 (PLANNING AND ZONING) AND THE PENDING HOUSING OPPORTUNITY (HO) OVERLAY COASTAL ZONING DISTRICTS IN TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2024-0205) WHEREAS, Section 20.66.020 of the Newport Beach Municipal Code ("NBMC") and City Council Policy K-1 provide that the City Council ("City Council") of the City of Newport Beach ("City ") may initiate an amendment to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC with or without a recommendation from the Planning Commission; WHEREAS, the City Council adopted Ordinance No. 2024-16 on September 24, 2024, approving an amendment to Title 20 (Planning and Zoning) of the NBMC, establishing the Housing Opportunity (HO) Overlay Zoning Districts to implement the General Plan 6th Cycle Housing Element ("Housing Element"); WHEREAS, the City Council adopted Resolution No. 2024-52 on July 23, 2024, authorizing submittal of Local Coastal Program Amendment to the California Coastal Commission to amend the City's Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to establish the Housing Opportunity (HO) Overlay Coastal Zoning Districts and their corresponding development standards applicable to properties located within the Coastal Zone of the City to implement the Housing Element; and WHEREAS, the City Council desires to review and make possible adjustments to certain development standards, including but not limited to building height limits specified in Table 2-16 (Development Standards for Housing Opportunity Overlay Zones) of Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Table 21.28-1 (Development Standards for Housing Opportunity Overlay Zones) of the NBMC. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. 2024-85 Page 2of3 Section 1: The City Council hereby initiates an amendment to Section 20.28.050 (Housing Opportunity (HO) Overlay Zoning Districts) and pending Section 21.28.070 (Housing Opportunity (HO) Overlay Coastal Zoning Districts) of the Newport Beach Municipal Code. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Resolution No. 2024-85 Page 3 of 3 Section 5: 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 19th day of November, 2024. ATTEST: 9"1 Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aar6n C. Harp City Attorney A U Will O'Neill Mayor 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. 2024-85 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 19th day of November, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 20th day of November, 2024. Leilani I. Brown City Clerk Newport Beach, California `froVIVA