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Home My WebLink About03 - Initiation of Zoning Code and LCP Amendments Related to the Abatement of Nonconforming Signs (PA2019-184)Q �EwP0 cq<iF�P TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report October 22, 2019 Agenda Item No. 3 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jim Campbell, Deputy Director, jcampbell@newportbeachca.gov PHONE: 949-644-3210, TITLE: Resolution No. 2019-92: Initiation of Zoning Code and LCP Amendments Related to the Abatement of Nonconforming Signs (PA2019-184) 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). If initiated, the amendments would extend the abatement of legal, nonconforming signs for an additional three to five years as determined by the City Council. 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. 2019-92, 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 Signs (PA2019-184). 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. 3-1 Resolution No. 2019-92: Initiation of Zoning Code and LCP Amendments Related to the Abatement of Nonconforming Signs (PA2019-184) October 22, 2019 Page 2 In October 2005, the City comprehensively updated its sign regulations. Sign standards changed and certain previously allowed signs were prohibited. Newport Beach Municipal Code Sections 20.42.070 and 21.30.065 require certain signs that do not conform to the new regulations to be abated within 15 years (amortization period) from the effective date of the sign code update (October 27, 2005 + 15 years = October 27, 2020). Approximately 140 of the estimated 400 legal, nonconforming signs subject to abatement have been removed in the last 14 years. On September 24, 2019, the City Council conducted a study session regarding the legal, nonconforming signs. The City Council asked that staff prepare a resolution initiating amendments to the Zoning Code and LCP to consider amending the sign codes to extend the 15 -year amortization period an additional three to five years. Amendments Proposed for Initiation • 20.42.070 Nonconforming Signs 21.30.065 Signs The NBMC sections identified above are anticipated to be the extent of the proposed amendments; however, as staff examines sign regulations to achieve the identified goal to extend the amortization period, changes to other sign regulations may be needed to ensure consistency. Should the City Council choose to initiate these proposed amendments, staff will draft the revised code language and provide notice to all affected property owners of legal, nonconforming signs. The proposed amendments will be 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. 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. 3-2 Resolution No. 2019-92: Initiation of Zoning Code and LCP Amendments Related to the Abatement of Nonconforming Signs (PA2019-184) October 22, 2019 Page 3 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. ATTACHMENT: Attachment A — Resolution No. 2019-92 3-3 ATTACHMENT A RESOLUTION NO. 2019- 92 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 SIGNS (PA2019-184) 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 signs. 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 the date by which legal nonconforming signs must be removed or altered to conform to the NBMC. 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. 3-4 Resolution No. 2019 - Page 2 of 2 Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under California Environmental Quality Act ("CEQA") 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 22T" day of October, 2019. Diane B. Dixon Mayor ATTEST; Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE // (- C, ff Aaron C. Harp City Attorney 3-5