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Home My WebLink About03 - Allow Homeowners' Associations to Opt Out of Sat. Construction Noise Restrictions and Temp Construction Signage RequirementsPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN July 23, 2019 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Samir Ghosn, Deputy Community Development Director/Chief Building Official, sghosn newportbeachca.gov PHONE: 949-644-3277 TITLE: Ordinance No. 2019-11: Adoption of an Ordinance to Allow Homeowners' Associations to Opt Out of Saturday Construction Noise Restrictions and Temporary Construction Signage Requirements ABSTRACT - On July 9, 2019, the City Council voted unanimously to introduce Ordinance No. 2019-11 amending the Newport Beach Municipal Code (NBMC) to allow homeowners' associations (HOAs) having at least thirty (30) voting members and governed by a board of directors to opt out of the Saturday construction noise restrictions and temporary construction signage requirements in designated high-density areas. For City Council's consideration is the second reading and final adoption of the ordinance. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2019-11: An Ordinance of the City Council of the City of 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. FUNDING REQUIREMENTS: There is no direct fiscal impact related to the adoption of the ordinance. 3-1 Ordinance No. 2019-11: Adoption of an Ordinance to Allow Homeowners' Associations to Opt Out of Saturday Construction Noise Restrictions and Temporary Construction Signage Requirements July 23, 2019 Page 2 DISCUSSION: On July 9, 2019, the City Council approved the introduction of Ordinance No. 2019-11 (Attachment A). The ordinance allows HOAs consisting of at least thirty (30) voting members and governed by a board of directors the ability to opt out of the Saturday noise restrictions related to construction activity and the temporary construction project signage requirements. For HOAs to request to opt out of the designated high density areas, an HOA would submit to the City Clerk a resolution or letter voted upon by their board of directors requesting to opt out of the requirements. The City Council would consider the request and may find, if granted, that exempting the geographical boundaries of the HOA will not negatively affect the surrounding property owners. ENVIRONMENTAL REVIEW: This action 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The adoption of the amendment does not authorize new development or change the density or intensity of any potential future development. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Ordinance No. 2019-11 3-2 Attachment A City Council Ordinance No. 2019-11 3-3 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: 3-4 Ordinance No. 2019-11 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 . f: 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 adopts a resolution finding 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. 3-5 Ordinance No. 2019-11 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. Ordinance No. 2019-11 Page 4of4 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: NAYS.- ABSENT: AYS: ABSENT: DIANE B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CIT;T61x ORNEY'S OFFICE � C AKRON C. HARP, CITY ATTORNEY 3-7