HomeMy WebLinkAbout2021-18 - Amending Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to the Amortization of Nonconforming signs (PA2019-184)ORDINANCE NO. 2021-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21
(LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN)
OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE
RELATED TO THE AMORTIZATION OF
NONCONFORMING SIGNS (PA2019-0184)
WHEREAS, Section 200 of the City of Newport Beach ("City") 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, Section 30500 of the California Public Resources Code requires
each county and city to prepare a local coastal program for the portion of the coastal
zone within its jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("LCP") as amended from time to time including most
recently on February 12, 2019, via Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's
Local Coastal Program Implementation Plan on January 13, 2017, and the City Council
adopted Ordinance No. 2016-19 adding Title 21 (Local Coastal Program
Implementation Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC")
whereby the City assumed coastal development permit -issuing authority as of January
30, 2017;
WHEREAS, Sections 20.42.140 (Nonconforming Signs) and 21.30.065 (Signs) of
the NBMC require certain signs that do not conform to the sign regulations to be abated
within 15 years ("Amortization Period") from the effective date of the sign code update;
WHEREAS, the Amortization Period was set to expire on October 27, 2020, at
which time all nonconforming signs were to be removed;
WHEREAS, on October 22, 2019, the City Council adopted Resolution No. 2019-
92 initiating amendments to Title 20 (Planning and Zoning) ("Title 20") and Title 21
(Local Coastal Program Implementation Plan) ("Title 21") related to signs including
extending the Amortization Period;
Ordinance No. 2021-18
Page 2of5
WHEREAS, on March 15, 2020, the City proclaimed a local emergency due to
the COVID-19 global pandemic;
WHEREAS, due to the extreme peril upon personal safety that is based on the
existence or threatened existence of COVID-19 within and/or around the City, many
businesses have been forced to reduce services or temporarily close;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, review of the draft LCP Amendment was made available and a Notice of the
Availability was distributed on November 6, 2020, which is a minimum of six (6) weeks
prior to the final action date;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions 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. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62
(Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution Nos. PC2020-015 and PC2020-016 by a majority vote (7 ayes, 0
nays) recommending the City Council eliminate the Amortization Period;
WHEREAS, a public hearing was held by the City Council on June 23, 2020, in
the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing;
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-66
to initiate the General Plan Amendment and Coastal Land Use Plan Amendment to
eliminate the Amortization Period;
Ordinance No. 2021-18
Page 3 of 5
WHEREAS, a telephonic public hearing was held by the Planning Commission on
November 19, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport
Beach, California, observing restrictions 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 Ralph M. Brown Act and
Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution Nos. PC2020-042 and PC2020-043 by a majority vote (7 ayes, 0
nays) recommending the City Council approve Zoning Code Amendment No. CA 2019-
007 and LCP Amendment No. LC2019-005 to eliminate the Amortization Period;
WHEREAS, a telephonic public hearing was held by the City Council on February
23, 2021, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions 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 Ralph M. Brown Act and
Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this public hearing;
WHEREAS, on February 23, 2021, the City Council introduced Ordinance No.
2021-05 revising Title 20 (Planning and Zoning) to eliminate the amortization of
nonconforming signs (Code Amendment No. CA2019-007) and adopted Resolution No.
2021-16 to eliminate the amortization of nonconforming signs as set forth in the General
Plan and adopted Resolution No. 2021-17 authorizing submittal of LCP Amendment No.
LC2019-005 to the California Coastal Commission by a unanimous vote (6 ayes, 0
nays); and
WHEREAS, on July 7, 2021, the California Coastal Commission approved LCP
Amendment No. LC2019-005 (LCP-5-NPB-21-0036-1 Part B) with no modifications. As
a result, LCP Amendment No. LC2019-005 is now deemed approved and became a
certified part of the City's Local Coastal Program.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 21.30.065(E) (Signs) of Title 21 (Local Coastal Program
Implementation Plan) of the NBMC shall be deleted in its entirety.
Ordinance No. 2021-18
Page 4 of 5
Section 2: The LCP, including LCP Amendment No. LC2019-005, shall be
carried out in full conformance with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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 5: The City Council finds the introduction and adoption of this
ordinance is exempt pursuant to California Environmental Quality Act ("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. While LCP
Amendment No. LC2019-005 would allow existing legal nonconforming signs to remain
in place, it does not authorize new development that would directly result in physical
change to the environment. There is no evidence that removal of the Amortization
Period would result in any new effects on the environment. Additionally, pursuant to
CEQA Guidelines Section 15265(a)(1), local governments are exempt from the
requirements of CEQA in connection with the adoption of a Local Coastal Program.
None of the exceptions listed in Section 15300.2 of the CEQA Guidelines are applicable.
Section 6: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 7: 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.
Ordinance No. 2021-18
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of September, 2021, and adopted on the 28th
day of September, 2021, by the following vote, to -wit:
AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council
Member Brenner, Council Member Dixon Council Member O'Neill
NAYS.-
ABSENT:
AYS:
ABSENT:
RECUSED: Council Member Duffield
BRA ERY, MAYOR
ATTEST:
LEILANI I. BROWN,
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CLERK
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
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AA ON 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; that the foregoing ordinance, being Ordinance
No. 2021-18 was duly introduced on the 14th day of September, 2021, at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 28th day of September, 2021, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Will O'Neill
NAYS: None
RECUSED: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 29th day of September, 2021.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
r
Leilani I. Brown, MMC/
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2021-16 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: September 18, 2021
Adopted Ordinance: October 2, 2021
In witness whereof, I have hereunto subscribed my name this day of October, 2021.
W
JAWYLEESt, Al IV•YF
ini I. Brown, MKIC
Clerk
of Newport Beach, California