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03 - Allow Homeowners' Associations to Opt Out of the Saturday Construction Noise Restrictions and Project Sign Requirements - Amended Pages 1
RECEIVED AFTER AGENDA PRINTED ATTACHMENT A July 9, 2019 Item 3 ORDINANCE NO. 2019-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY NEWPORT BEACH, CALIFORNIA, AMENDING SECTIONS 10.28.040 AND 15.16.010 OF THE NEWPORT BEACH MUNICIPAL CODE, TO PROVIDE A PROCESS FOR HOMEOWNERS' ASSOCIATIONS TO OPT OUT OF SATURDAY CONSTRUCTION -RELATED NOISE REGULATIONS AND TEMPORARY CONSTRUCTION PROJECT SIGNAGE REQUIREMENTS WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") 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, at the City Council meeting held on June 11, 2019, the City Council directed staff to submit for City Council consideration an ordinance providing a process for a homeowners' association located within a designated high-density area, as that term is defined in Newport Beach Municipal Code Sections 10.28.040(E) and 15.16.010, to opt out of the Saturday construction -related noise regulations and temporary construction project signage requirements; WHEREAS, the effect of construction related activities on residents is reduced in an area that has a homeowners' association because a homeowners' association has the ability to make and enforce its own rules related to construction activities within the homeowners' association's geographical boundaries; and WHEREAS, the City Council finds and declares that it is appropriate to allow for a homeowners' association to be excluded from the definition of a designated high-density area, if the board of directors takes formal action requesting to be excluded from the definition and the City Council finds exclusion from the definition will not negatively affect surrounding property owners. NOW, THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 10.28.040(E) of Chapter 10.28 of Title 10 of the Newport Beach Municipal Code is hereby amended to read as follows: Ordinance No. 2019 - Page 2 of 4 E. Designated High -Density Area. The term "designated high-density area" shall mean any shaded area on the following map. See Exhibit A. The geographical boundaries of a homeowners' association, as defined in Section 10.28.040(F), shall be excluded from the definition of a "designated high-density area" if the City Council adopts a resolution pursuant to Section 10.28.040(F). Section 2: Section 10.28.040(F) of Chapter 10.28 of Title 10 of the Newport Beach Municipal Code is hereby added to read as follows: F. A homeowners' association located within a designated high-density area may exclude the geographical boundaries of the homeowners' association from the definition of a designated high-density area if: 1. The board of directors of the homeowners' association votes to approve a resolution or letter declaring its desire to exempt its geographical boundaries from the definition of a designated high-density area; 2. The board of directors submits the approved resolution or letter to the City Clerk for consideration by the City Council; and 3. The City Council finds that exempting the geographical boundaries of the homeowners' association from the definition of a designated high-density area will not negatively affect surrounding property owners. For the purpose of this Section 10.28.040(F), a homeowners' association means an organization consisting of at least thirty (30) voting members whose properties connect in a contiguous manner and whose operation is governed by a board of directors. Section 3: The definition of "Designated High -Density Area" in Section 15.16.010 of Chapter 15.16 of the Newport Beach Municipal Code is hereby amended to read as follows: Designated High -Density Area. The term "designated high-density area" shall mean any shaded area on the following map. See Exhibit A. The geographical boundaries of a homeowners' association, as defined in Section 10.28.040(F), shall be excluded from the definition of a "designated high-density area" if the City Council adopts a resolution pursuant to Section 10.28.040(F). Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2019 - Page 3 of 4 Section 5: 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 6: The City Council finds and determines that the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: Except as expressly modified in this ordinance, all other titles, chapters, sections, subsections, terms, sentences, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. iii iii iii Ordinance No. 2019 - Page 4 of 4 Section 8: 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 be effective thirty (30) calendar days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of July, 2019, and adopted on the 23rd day of July, 2019, by the following vote, to-wit.- AYES: o-wit: AYES: NAYS: ABSENT: DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE' -- AARON RON C. HAR , CITY ATTORNEY O Balboa Islaid Q Balboa Pe* OBay Island OBayshores Collins Islan O Corona del Mar Pillage © Harbor Isiart, Q Linda Is .:. O Lido Isle ° WestNewport Newport Shores sse 4M FM -^ High Density Areas NEft- NEWPORT BEACH Cry of Newport Beach GIS Di+fsron M.T 7 3, 2019