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Home My WebLink About05 - Initiation of Zoning Code and LCP Amendments Related to Hedge Heights in Front Yard Setbacks for Lido IslePORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN September 10, 2019 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: David S. Lee, Assistant Planner PHONE: 949-644-3225, dlee@newportbeachca.gov TITLE: Resolution No. 2019-78: Initiation of Zoning Code and LCP Amendments Related to Hedge Heights in Front Yard Setbacks for Lido Isle (PA2019-132) ABSTRACT: The City Council will consider initiating amendments to Newport Beach Municipal Code (NBMC) Title 20 (Planning and Zoning) and NBMC Title 21 (Local Coastal Program Implementation Plan). The amendments relate to hedge heights in front setbacks for Lido Isle. The Lido Isle Community Association requests consideration of this item. RECOMMENDATION: a) Determine this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and b) Adopt Resolution No. 2019-78, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Title 20 Entitled "Planning and Zoning" and Title 21 Entitled "Local Coastal Program Implementation Plan" of the City of Newport Beach Municipal Code Related to Hedge Heights in Front Yard Setbacks within Lido Isle. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Zoning Code Section 20.66.020 (Initiation of Amendment) provides that a code amendment may be initiated by the City Council, with or without a recommendation from the Planning Commission. City Council Policy K-1 (General Plan and Local Coastal Program) provides that a City -sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. 5-1 Resolution No. 2019-78: Initiation of Zoning Code and LCP Amendments Related to Hedge Heights in Front Yard Setbacks for Lido Isle (PA2019-132) September 10, 2019 Page 2 This agenda item is not a public hearing. Should the City Council choose to initiate these proposed amendments, the specific text changes will be drafted and considered by both the Planning Commission and the City Council at future public hearings. Additionally, amendments to the certified LCP will require certification by the California Coastal Commission to be effective. Amendments Proposed for Initiation: There is an existing inconsistency in hedge height regulations between the City of Newport Beach and Lido Isle Community Association (LICA). City regulations contained within NBMC Title 20 and Title 21 establish a maximum height of 42 inches for hedges within a required front setback area. In 2001, LICA homeowners voted to amend the Association Covenants, Conditions, and Restrictions (CC&Rs) to change the hedge height limit abutting stradas (public walkways) from 30 inches to 60 inches. This change has created confusion for Lido Isle residents. The Board of Directors for LICA has formally requested that the City amend its regulations to raise front yard hedge height maximums on Lido Isle from 42 inches to 60 inches, consistent with their CC&Rs (Attachment B). After a review of Title 20 and Title 21, staff believes code sections listed below will need to be amended to accommodate the request. • 20.30.040 and 21.30.040 Fences Hedges and Walls • 20.80.010 Area Maps (to identify Lido Isle) The NBMC sections identified above are anticipated to be the extent of the proposed amendments; however, as staff examines these sections within the context of their desired code changes and input is provided from residents and others, additional changes to related sections not listed may be necessary. ENVIRONMENTAL REVIEW: The initiation of zoning and LCP amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15262 (Feasibility and Planning Studies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. No final action on any amendments will occur at this meeting and the initiation of the amendment does not have any legally binding effect upon future consideration of the amendments themselves. The City will conduct an environmental review prior to the consideration of approval of the amendments. NOTICING: The Municipal Code does not require notice for the initiation of amendments. Notice of this item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Should the City Council initiate the amendment, public notice will be provided for subsequent public hearings before the Planning Commission and the City Council as required by the Municipal Code. Additionally, notice of the LCP amendments will be sent to all persons and agencies on the Notice of the Availability mailing list. 5-2 Resolution No. 2019-78: Initiation of Zoning Code and LCP Amendments Related to Hedge Heights in Front Yard Setbacks for Lido Isle (PA2019-132) September 10, 2019 Page 3 ATTACHMENTS: Attachment A — Resolution No. 2019-78 Attachment B — Lido Isle Community Association Letter 5-3 ATTACHMENT A RESOLUTION NO. 2019- 78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 ENTITLED "PLANNING AND ZONING" AND TITLE 21 ENTITLED "LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN" OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO HEDGE HEIGHTS IN FRONT YARD SETBACKS WITHIN LIDO ISLE (PA2019-132) WHEREAS, Newport Beach Municipal Code ("NBMC") Section 20.66.020 provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 entitled "General Plan and Local Coastal Program" requires amendments to the City of Newport Beach certified Local Coastal Program codified in NBMC Title 21 to be initiated by the City Council; and WHEREAS, the City Council desires to amend NBMC Title 20 and Title 21 to modify regulations related to hedge heights in front yard setbacks within Lido Isle at the request of the Lido Isle Community Association ("LICA"). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to NBMC Title 20 "Planning and Zoning" and Title 21 "Local Coastal Program Implementation Plan" to modify regulations relating to hedge heights in front yard setbacks within Lido Isle. Section 2: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution 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 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. 5-4 Resolution No. 2019 - Page 2 of 2 Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQX) pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because Section 15262 exempts projects involving feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 10TH day of September, 2019. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 5-5 Attachment B Lido Isle Community Association Letter 5-6 lido isle community association 701 VIA LIDO SOLID, LIDO ISLE NEWPORT BEACH, CA 92663 TELEPHONE: (949) 673-6170 FAX: (949) 673-6827 February 6, 2019 Jaime Murillo, Diane Dixon and Seimone Jurjis, This letter is sent in follow-up to the meeting the Lido Isle Board of Directors had with members from the City regarding the City's front yard hedge height limit on Lido Isle. At the May 2018 meeting, the City requested Lido Isle's Board to advise whether Lido Isle would be requesting the City to increase the City's front yard hedge height limit on Lido from forty two inches to sixty inches. The City provided Lido Isle's Board with a timeframe of July 1St, 2018 to inform the City of the Board's decision whether the Board would like to move forward with the request. The Board responded to the City by requesting an extension of time to respond, which the City granted through August 1St, 2018. Owing to other matters, the Board postponed further discussion on the issue, but as you know, the 42" versus 60" distinction has caused some issues lately between residents. In 2001, the homeowners voted to amend the Association's CC&Rs to change the hedge height limit on the stradas from thirty inches to sixty inches. The 60" standard has proven to be successful for the community for over 15 years, and given that most homeowners presently have shrubs well in excess of 42", a proposal to now change the CC&Rs to reduce the strada hedge height limit is unlikely to garner sufficient homeowner approval for passage. Therefore, the Board of Directors recently decided that it would be in the best interest of the Association and its membership to formally request the City of Newport Beach to raise the City's front yard hedge height limit on Lido from forty two inches to sixty inches, as a means of effectively controlling the front yard hedge height limits without confusion. We are asking the City to please advise the Board as to their position at this time pertaining to Lido Isle's request to change the City's front yard hedge height limit on Lido to sixty inches. The Board does appreciate the City's offer to move forward at no cost to the Lido Isle Community Association per the information provided at the May 2018 meeting. Thank you for your time and your consideration in this very important matter. We look forward to -JustiWLahgc�berg LICA General Manager ilangenberg@lidoisle.org (949) 673-6170 a non-profit cooperative organization of all lido isle property owners 5-7