HomeMy WebLinkAbout2020-7 - Amending Title 20 Entitled "Planning And Zoning" of the City of Newport Beach Municipal Code Related to Hedge Heights in Front Setbacks Abutting Stradas Within Lido Isle (PA2019-132)ORDINANCE NO. 2020-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 20
ENTITLED "PLANNING AND ZONING" OF THE CITY OF
NEWPORT BEACH MUNICIPAL CODE RELATED TO
HEDGE HEIGHTS IN FRONT SETBACKS ABUTTING
STRADAS WITHIN LIDO ISLE (PA2019-132)
WHEREAS, in 2001, the Lido Isle Community Association ("LICA") homeowners
voted to amend the Association Covenants, Conditions, and Restrictions to change the
hedge height limit abutting stradas from thirty (30) inches to sixty (60) inches;
WHEREAS, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") establishes a maximum of forty two (42) inches for hedges within front setback
areas;
WHEREAS, an amendment to Title 20 is necessary to allow a maximum hedge
height of five (5) feet in front setback areas along stradas on Lido Isle, thus removing an
inconsistency between the NBMC and LICA standards;
WHEREAS, a public hearing was held by the Planning Commission on December 5,
2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California. A notice of time,place -andp-urpose_ ofthe public hearing -was -given--in- --
accordance with the California Government Code Section 54950 et seq. the ("Ralph M.
Brown Act") and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written and oral,
was presented to, and considered by, the Planning Commission at this public hearing;
WHEREAS, on December 5, 2019, the Planning Commission adopted Resolution
No. PC2019-035 by a unanimous vote (6 ayes and 0 nays), recommending approval of
Code Amendment No. CA2019-005 to the City Council;
WHEREAS, a public hearing was held by the City Council on February 11, 2020,
in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A
notice of time, place and purpose of the public hearing was given in accordance with the
Ralph M. Brown Act and Chapters 20.62 and 21.62 of the NBMC. Evidence, both written
and oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, an amendment to Title 21 (Local Coastal Program Implementation
Plan) ("LCP") is also underway, as all Lido Isle properties are within the coastal zone; and
Ordinance No. 2020-7
Page 2of3
WHEREAS, the amendment to Title 20 shall not become effective until approval
of the subject LCP amendment by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution and/or ordinance of the City Council of the City of Newport Beach.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 20.30.040(C)(6) (Hedges in Lido Isle) of Title 20 (Planning
and Zoning) of the Newport Beach Municipal Code is hereby added to read as follows:
6. Hedges in Lido Isle. The maximum hedge height in the front setback
area abutting stradas in Lido Isle shall be five (5) feet.
Section 2: Section 20.80.010 (Area Maps) of Title 20 (Planning and Zoning) of the
Newport Beach Municipal Code is hereby amended to include Area Map A-7 — Lido Isle,
attached hereto as Exhibit A, with all other Area Maps remaining unchanged.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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 5: The City Council finds 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, because hedges are already authorized in Lido Isle
and the code amendment would merely allow an incremental increase in height.
Ordinance No. 2020-7
Page 3 of 3
Section 6: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 7: 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, and the same shall become final and
effective upon the effective date of approval by the California Coastal Commission of the
Local Coastal Program Amendment No. LC2019-002.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of February, 2020, and adopted on the 25th day
of February, 2020, by the following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery Council Member Brenner Council
Member Duffield, Council Member Herdman Council Member Muldoon
NAYS:
ABSENT:
RECUSED: Council Member Dixon
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
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RON C. HARP, CITY ATTORNEY
WILL O'NEILL, MAYOR
Attachment: Exhibit A: Area Map A-7 — Lido Isle
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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. 2020-7 was duly introduced on the 11th day of February, 2020, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 25th day of February, 2020, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member
Kevin Muldoon
NAYS: None
RECUSED: Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of February, 2020.
A-kRij1N*C_-,
Leilani I. Brown, MYVIC
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. 2020-7 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: February 15, 2020
Adopted Ordinance: February 29, 2020
In witness whereof, I have hereunto subscribed my name this day of M wi —,
2020.
rw ! I _//vrv•
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California