HomeMy WebLinkAbout2019-11 - 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 RequirementORDINANCE 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. 2019-11
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. 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.
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 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: Mayor Dixon, Mayor Pro Tem O'Neill Council Member Avery Council
Member Brenner, Council Member Duffield Council Member Herdman
Council Member Muldoon
NAYS:
ABSENT:
ATTEST:
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APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
AAR N C. HARP, CITY ATTORNEY
DIANE B. DIXON, MAYO
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. 2019-11 was duly introduced on the 91h day of July, 2019, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 231d day of July, 2019, and that the same was so passed
and adopted by the following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, 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 241h day of July, 2019.
— do�,-
Leilani 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. 2019-11 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: July 13, 2019
Adopted Ordinance: July 27, 2019
In witness whereof, I have hereunto subscribed my name this day of
2019.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California