HomeMy WebLinkAbout2020-19 - Adopting Code Amendment No. CA2019-001 to Amend Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Correcting and Clarifying Provisions Related to Overlays and Public Hearing Notice Requirements (PA2019-055)ORDINANCE NO. 2020-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING CODE
AMENDMENT NO. CA2019-001 TO AMEND TITLE 20
(PLANNING AND ZONING) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE CORRECTING AND
CLARIFYING PROVISIONS RELATED TO OVERLAYS AND
PUBLIC HEARING NOTICE REQUIREMENTS (PA2019-055)
WHEREAS, Section 200 of the City of Newport Beach Charter ("Charter") 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 restrictions and limitations contained
in the Charter and the State 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, an amendment to Title 20 (Planning and Zoning) of the Newport
Beach Municipal Code ("NBMC") is necessary to provide clarification and corrections
related to overlays and public hearing notice requirements ("Code Amendment");
WHEREAS, on April 23, 2019, the City Council adopted Resolution No. 2019-41
initiating the Code Amendment;
WHEREAS, Section 20.28.10 (Purposes of Overlay Zoning Districts) of the
NBMC inadvertently states that the more restrictive standard of the underlying zoning
district or applicable overlay apply, however, overlays are often a land use tool used to
specify a different standard that might be less restrictive than the underlying zone;
WHEREAS, for instance, the Height Overlay District allows a greater building
height that is less restrictive if certain conditions are met;
WHEREAS, additionally, the Parking Management Overlay authorizes the
establishment of a Parking Management District that allows reduced parking
requirements than that of the base zoning standards;
WHEREAS, the Code Amendment will clarify that in cases where standards
conflict in an overlay district and the underlying coastal zoning district, the overlay
district will control;
Ordinance No. 2020-19
Page 2 of 7
WHEREAS, Section 20.62.020 (Notice of Public Hearing) of the NBMC provides
noticing requirements for project applications requiring a public hearing including:
publication in a newspaper of general circulation, mailing to affected property owners,
local agencies, nearby property owners and residents, and persons requesting notice,
and posting of notice on or near the subject property;
WHEREAS, in lieu of mailed notice, Subsection 20.62.020(B)(4) (Alternative to
Mailing) of the NBMC authorizes the Community Development Director to choose
alternative notice specified by State law;
WHEREAS, to eliminate ambiguity and provide clarification of the alternative
afforded by State law, the Code Amendment will specify that the alternative to mailing
over 1,000 notices, is to publish a larger one-eighth page display advertisement in a
newspaper of general circulation within the City;
WHEREAS, in addition, the Code Amendment will specify that the Community
Development Director may choose to provide additional notice of a hearing in any other
manner deemed necessary;
WHEREAS, Section 20.66 (Amendments) of the NBMC establishes the
procedures for amendments to Title 20 (Planning and Zoning);
WHEREAS, the notice procedure for amendments initiated by property owners,
refers to Chapter 20.62 (Public Hearings), however, the notice procedure for amendments
initiated by the Planning Commission or City Council, are unclear;
WHEREAS, an amendment to Section 20.66.030 (Processing, Notice, and
Hearing) is needed to provide clear standards for public hearing noticing related to City -
initiated amendments not affiliated with a specific project site;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
June 18, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this public hearing;
Ordinance No. 2020-19
Page 3 of 7
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2020-024 by a majority vote (6 ayes, 0 nayes) recommending to the City Council to
adopt Zoning Code Amendment No. CA 2019-001;
WHEREAS, a telephonic public hearing was held by the City Council on July 28,
2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California due to the Declaration of a State Emergency and Proclamation of Local
Emergency related to COVID-19. A notice of time, place and purpose of the public
hearing was given in accordance with the California Government Code Section 54950
et seq. the ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this public hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 20.28.010 (Purposes of Overlay Zoning Districts) of Chapter
20.28 (Overlay Zoning Districts (MHP, PM, B, H)) of Title 20 (Planning and Zoning) of
the Newport Beach Municipal Code shall be amended to read as follows:
20.28.010 Purposes of Overlay Zoning Districts.
The purposes of the individual overlay zoning districts and the manner in which they are
applied are outlined below. An overlay district may be initiated as a Zoning Map
amendment in compliance with Chapter 20.66 (Amendments). All development shall
comply with the applicable development standards (e.g., setbacks, height) of the
underlying zoning district in addition to the standards provided in this chapter, if any. In
situations where an inconsistency occurs between the development standards of the
underlying zoning district and the standards in this chapter, the standards of the overlay
district shall prevail.
A. MHP (Mobile Home Park) Overlay Zoning District. The MHP Overlay Zoning
District is intended to establish a mobile home district on parcels of land developed with
mobile home parks. The regulations of this district are designed to maintain and protect
mobile home parks in a stable environment with a desirable residential character.
B. PM (Parking Management) Overlay Zoning District. The PM Overlay Zoning
District is intended to provide for areas where parking management plans are
appropriate to ensure adequate parking.
Ordinance No. 2020-19
Page 4 of 7
C. B (Bluff) Overlay Zoning District. The B Overlay District is intended to establish
special development standards for areas of the City where projects are proposed on
identified bluff areas. The specific areas are identified in Part 8 of this title (Maps).
D. H (Height) Overlay District. The H Overlay District is intended to establish
standards for review of increased building height in conjunction with the provision of
enhanced project design features and amenities.
Section 2: Subsection 20.62.020(B)(2)(c) (Nearby Property Owners) of Chapter
20.62 (Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach
Municipal Code shall be amended to read as follows:
c. Nearby Property Owners. All owners of property located within a three
hundred (300) foot radius, excluding intervening rights-of-way and waterways,
of the exterior boundaries of the subject lot, as shown on the last equalized
assessment roll or, alternatively, from other records that contain more recent
addresses. It shall be the responsibility of the applicant to obtain and provide
to the Department the names and addresses of all owners required by this
section. If the number of property owners to whom notice would be mailed in
compliance with this section is more than one thousand (1,000), in lieu of
mailed notice, the Director may choose to publish a one-eighth page display
advertisement in a newspaper of general circulation within the City;
Section 3: Subsection 20.62.020(B)(4) (Alternative to Mailing) of Chapter 20.62
(Public Hearings) of Title 20 (Planning and Zoning) of the Newport Beach Municipal
Code shall be amended to read as follows:
4. Additional Notice. The Director may provide additional notice of the hearing in
any other manner deemed necessary.
Section 4: Section 20.66.030 (Processing, Notice, and Hearing) of Chapter 20.66
(Amendments) of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
shall be amended to read as follows:
20.66.030 Processing, Notice, and Hearing.
A. If initiated by property owner(s) with the filing of an amendment application:
1. Process. The application shall be processed in compliance with Chapter
20.50 (Permit Application Filing and Processing).
Ordinance No. 2020-19
Page 5 of 7
2. Notice. Notice of the public hearings shall be provided in compliance with
Chapter 20.62 (Public Hearings).
B. If initiated by the City Council or Commission, notice of the public hearings shall be
given as specified below:
1. Publication. Notice for all matters shall be published at least once in a
newspaper of general circulation in the City at least ten (10) days before the
scheduled hearing.
2. Mailing. Notice shall be mailed or delivered at least ten (10) days before the
scheduled hearing to all of the following:
a. Property Owners. All owners of property located within a three hundred
(300) foot radius, of the amendment excluding intervening rights-of-way and
waterways, of the exterior boundaries of the affected property, as shown on
the last equalized assessment roll or, alternatively, from other records that
contain more recent addresses. If the number of property owners to whom
notice would be mailed in compliance with this subsection is more than one
thousand (1,000), in lieu of mailed notice, the Director may choose to publish
a one-eighth page display advertisement in a newspaper of general
circulation within the City;
b. Local Agencies. Each local agency expected to provide schools, water,
or other essential facilities or services as a result of the amendment, whose
ability to provide the facilities and services may be significantly affected; and
C. Persons Requesting Notice. A person who has filed a written request for
notice with the Director and has paid the required fee for the notice.
3. Additional Notice. The Director may choose to provide additional notice of the
hearing in any other manner deemed necessary.
4. Failure to Receive Notice. The failure of any person or entity to receive notice
given in compliance with this section shall not invalidate the actions of the
applicable review authority.
C. Hearing.
1. The applicable review authority shall conduct one or more public hearings
regarding the amendment.
Ordinance No. 2020-19
Page 6 of 7
2. The public hearings shall be conducted in compliance with Chapter 20.62
(Public Hearings).
Section 5: An amendment to Title 21 (Local Coastal Program Implementation
Plan) is also underway pursuant to Resolution 2020-72 to approve LCP Amendment No.
LC2019-001. Zoning Code Amendment CA2019-001 shall not apply to projects located in
the coastal zone for which Title 21 is applicable until approval of the LCP Amendment No.
LC2019-001 by the California Coastal Commission and adoption, including any
modifications suggested by the California Coastal Commission, by resolution and/or
ordinance of the City Council.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: 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 8: The City Council finds the introduction and adoption of this
ordinance is exempt from environmental review under the California Environmental
Quality Act ("CEQA") pursuant to Section 21065 of the California Public Resources
Code and Sections 15060(c)(2), 15060(c)(3), and 15378 of the California Code of
Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The Code Amendment
is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect
on the environment. The Code Amendment itself does not authorize development that
would directly result in physical change to the environment.
Section 9: 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.
Section 10: 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 shall become effective
thirty (30) days after the adoption of this ordinance.
Ordinance No. 2020-19
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 28th day of July, 2020, and adopted on the 25th day of
August, 2020, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avert/ Council Member Brenner Council
Member Dixon, Council Member Duffield Council Member Herdman
Council Member Muldoon
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY A T RNEY
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. 2020-19 was duly introduced on the 281h day of July, 2020, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 251h day of August, 2020, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of August, 2020.
16M Il_% '1014
Lei1'ani 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. 2020-19 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: August 1, 2020
Adopted Ordinance: August 29, 2020
In witness whereof, I have hereunto subscribed my name this � 11,
day of
2020.
0i mij'Aft�
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California