HomeMy WebLinkAbout2021-42 - Initiating Amendments to Titles 20 (Planning And Zoning) and 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Wireless Communication Facilities in the Public Right of Way (PA2020-103)RESOLUTION NO. 2021-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLES 20 (PLANNING AND ZONING)
AND 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO WIRELESS
COMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF
WAY (PA2020-103)
WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach
Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach
("City Council") may initiate an amendment to Title 20 (Planning and Zoning) with or
without a recommendation from the Planning Commission;
WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program)
requires amendments to the City of Newport Beach ("City") certified Local Coastal
Program ("LCP") codified in Title 21 (Local Coastal Program Implementation Plan) of the
NBMC to be initiated by the City Council; and
WHEREAS, to modify regulations related to wireless communication facilities in
the public right of way consistent with updates to state and federal law, amendments to
Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan)
of the NBMC are required.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to Title 20 (Planning
and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to
modify regulations relating to wireless communication facilities in the public right of way.
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. 2021-42
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 it involves 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 the resolution.
ADOPTED this 25th day of May, 2021.
ATTEST:
f
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
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. 2021-42 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 25th day of May, 2021, and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Duffy Duffield, Council Member
Will O'Neill
NAYS: None
RECUSED: Mayor Pro Tem Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 261h day of May, 2021.
r
Leilani I. Brown
City Clerk
Newport Beach, California