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HomeMy WebLinkAbout20190910_Resolution_CC_2019-78 - Initiating Amendments to Title 20 Entitled Planning and ZoningRESOLUTION NO. 2019-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT YARD SETBACKS WITHIN LIDO ISLE (PA2019-132) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in NBMC Title 21 to be initiated by the City Council; and WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to modify regulations related to hedge heights in front yard setbacks within Lido Isle at the request of the Lido Isle Community Association ("LICA"). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to NBMC Title 20 Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to modify regulations relating to hedge heights in front yard setbacks within Lido Isle. Section 2: 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 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Resolution No. 2019-78 Page 2 of 2 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 Section 15262 exempts projects involving feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 10TH day of September, 2019. 2- -- Will O'Neill Mayor Pro Tem ATTEST: PART 0 Leilani I. Brown City Clerk APPROVED AS TO FORM: cql,...nN`i CITY ATTORNEY'S OFFICE c 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. 2019-78, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 10'h day of September, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None RECUSED: Mayor Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 111h day of September, 2019. Irrillwil mp "ImIaI Leilani I. Brown City Clerk Newport Beach, California s L/hOR