HomeMy WebLinkAbout03 - Amending the LCP Implementation Plan to Include Balboa Village Parking Management Overlay District and Plan (PA2017-046)Q �EwPpRT
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<,FORN'P City Council Staff Report
February 23, 2021
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: James Campbell, Deputy Director, jcampbell@newportbeachca.gov
PHONE: 949-644-3210
TITLE: Ordinance No. 2021-4: Amending the Local Coastal Program
Implementation Plan to Include Balboa Village Parking Management
Overlay District and Plan (PA2017-046)
ABSTRACT:
For City Council's consideration is the adoption of a Local Coastal Program (LCP)
amendment to incorporate the Balboa Village Parking Management Overlay District and
Plan into Title 21 of the Newport Beach Municipal Code. The attached ordinance was
introduced and considered at the February 9, 2021 City Council meeting.
RECOMMENDATION:
a) Find the action statutorily exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15265(a)(1) of the California Code of Regulations, Title
14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local
governments from the requirements of preparing an environmental impact report or
otherwise complying with CEQA in connection with the adoption of a Local Coastal
Program; and
b) Conduct second reading and adopt Ordinance No. 2021-4, An Ordinance of the City
Council of the City of Newport Beach, California, Adopting Local Coastal Program
Amendment No. LC2017-001 as Modified by the California Coastal Commission to
Amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach
Municipal Code Related to the Parking Management Overlay District and Plan
(PA2017-046)
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
On April 9, 2019, the City Council adopted Resolution No. 2019-37 authorizing the
submittal of the LCP amendment to the California Coastal Commission (Coastal
Commission). On September 9, 2020, the Coastal Commission approved Local Coastal
Program Amendment No. LC2017-001 with modifications.
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Ordinance No. 2021-4: Amending the Local Coastal Program Implementation Plan to
Include Balboa Village Parking Management Overlay District and Plan (PA2017-046)
February 23, 2021
Page 2
On February 9, 2021, the City Council introduced Ordinance No. 2021-4 and held a public
hearing. The City Council made no further changes and approved the item returning to the
Council for its second reading and final adoption.
This item is the final adoption of the ordinance amending Title 21 of the Newport Beach
Municipal Code to approve LC2017-001, as modified by the Coastal Commission. Once
adopted, Community Development staff will send the ordinance to the Coastal Commission
Executive Director for a determination that it is legally adequate to satisfy the specific
requirements of the Coastal Commission's action on the LCP amendment.
ENVIRONMENTAL REVIEW:
Pursuant to the authority and criteria contained in the California Environmental Quality
Act ("CEQA"), LCP Amendment No. LC2017-001 is statutorily exempt from CEQA
pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and
Chapter 3 of the Coastal Act, Section 15265(a)(1), which exempts local governments from
the requirements of preparing an environmental impact report or otherwise complying
with CEQA in connection with the adoption of a Local Coastal Program.
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. 2021-4
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ATTACHMENT A
ORDINANCE NO. 2021-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL
COASTAL PROGRAM AMENDMENT NO. LC2017-001 AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION
TO AMEND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE NEWPORT BEACH
MUNICIPAL CODE RELATED TO THE PARKING
MANAGEMENT OVERLAY DISTRICT AND PLAN (PA2017-
046)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program for that portion of the coastal zone within its
jurisdiction;
WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal
Program Coastal Land Use Plan ("LCP") as amended from time to time including most
recently on February 12, 2019 via Resolution No. 2019-16;
WHEREAS, the California Coastal Commission effectively certified the City's Local
Coastal Program Implementation Plan with suggested modifications on January 13, 2017,
and the City Council adopted Ordinance No. 2016-19 adding Title 21 (Local Coastal
Program Implementation Plan) ("Title 21") to the Newport Beach Municipal Code
("NBMC") whereby the City assumed coastal development permit -issuing authority on
January 30, 2017;
WHEREAS, LCP Amendment No. LC2017-001 is necessary to incorporate a
parking management overlay district and plan, including the Balboa Village Parking
Management Overlay District, into Title 21 in order to establish consistency with Title 20
(Planning and Zoning),
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WHEREAS, a public hearing was held by the Planning Commission of the City of
Newport Beach on February 21, 2019, 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 California Government Code Section 54950 of seq.
("Ralph M. Brown Act"), Chapter 21.62 (Public Hearings) of the NBMC, and Section
13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter
2, Article 5 (Public Participation). Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this public hearing;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
voted (4 ayes, 0 nays, 3 absent) to adopt Planning Commission Resolution No. PC2019-
006, recommending City Council approval of LCP Amendment No. LC2017-001;
WHEREAS, a public hearing was held by the City Council of the City of Newport
Beach on April 9, 2019, 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, Chapter 21.62 (Public Hearings) of the
NBMC, and Section 13515 of the California Code of Regulations. Evidence, both written
and oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, pursuant to Section 13515 of the California Code of Regulations, review
drafts of LCP Amendment No. LC2017-001 were made available and a notice of the
availability was distributed a minimum of six weeks prior to the City Council public hearing;
WHEREAS, on April 9, 2019, the City Council adopted Resolution No. 2019-37
authorizing the submittal of LCP Amendment No. LC2017-001 to the Coastal
Commission;
WHEREAS, Resolution No. 2019-37 specified that LCP Amendment No. LC2017-
001 shall not become effective until approval by the Coastal Commission and adoption,
including any modifications suggested by the Coastal Commission, by resolution(s) and/or
ordinance(s) of the City Council;
WHEREAS, at the September 9, 2020, Coastal Commission hearing, the Coastal
Commission certified LCP Amendment No. LC2017-001 with modifications (LCP-5-NPB-
19-0016-1) as being consistent with the California Coastal Act; and
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Ordinance No. 2021 -
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WHEREAS, a telephonic public hearing was held by the City Council on February 9,
2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach,
California, observing restrictions due to the Declaration of a State Emergency and
Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose
of the public hearing was given in accordance with the Ralph M. Brown Act, Chapter 21.62
(Public Hearings) of the NBMC and California Public Resources Code Section 30503.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby accepts the suggested modifications
approved by the California Coastal Commission as set forth below.
Section 2: Section 21.14.010 (Coastal Zoning Map) of Chapter 21.14 (Coastal
Maps) of the NBMC is hereby amended as attached hereto as Attachment "A" to include
"PM -1" overlay district symbol to Balboa Village area with all other provisions of the Coastal
Zoning Map remaining unchanged.
Section 3: Section 21.28.030 (Parking Management (PM) Overlay District) of
Chapter 21.28 (Overlay Coastal Zoning Districts (MHP, PM, B, C and H)) of the NBMC is
repealed and replaced with the following:
21.28.030 Parking Management (PM) Overlay District.
A. Parking Management District Plan Required. Every Coastal Zoning Map LCP
amendment reclassifying land to create a new Parking Management (PM) Overlay District
shall have a parking management plan reviewed by the Commission and approved by
the Council.
B. Establishment of Parking Management Program(s). The parking management
district plan shall identify existing and planned parking facilities and establish parking
management programs necessary to adequately serve the parking needs of the area and
address the following issues:
1. The provision of adequate, convenient parking for residents, guests, business
patrons, and visitors of the coastal zone;
2. Optimizing the use of existing parking spaces;
3. Providing for existing and future land uses,
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4. Reducing traffic congestion;
5. Limiting adverse parking impacts on user groups;
6. Providing improved parking information and signage;
7. Generating reasonable revenues to cover City costs; and
8. Accommodating public transit and alternative modes of transportation.
C. Exemptions. The parking management district plan shall also include a formula or
procedure establishing the extent to which commercial, residential, and mixed-use
properties shall be exempted from the requirements of Chapter 21.40 (Off -Street
Parking).
D. Local Coastal Program Amendment Required. The creation of any future parking
management district plan as a PM Overlay District shall require an amendment to the
LCP approved by the Coastal Commission.
E. Coastal Development Permit Required. The parking management district plan
required by Section 21.28.030(A), or any successor section, shall not become effective
until the approval of a coastal development permit by the Commission. The coastal
development permit shall implement the required parking management district plan
implementation components contained in Section 21.28.030(6), or any successor
section, and as detailed for that overlay district in Section 21.28.030(F). Any change to
the parking management district plan shall only be approved in compliance with Section
21.54.070 (Changes to an Approved Coastal Development Permit), or any successor
section. These provisions do not amend, supersede or replace the conditions of any
previously issued coastal development permit and an amendment to said coastal
development permit from the permit issuing authority is required to implement any of
these new parking management district plan provisions.
F. Parking Management Overlay Districts and Plans Established. The parking
management districts identified in this section and depicted in the referenced map
exhibits adopted in Part 8 of Title 21 of the Code are established.
1. Balboa Village Parking Management Overlay District Plan (PM -1). Balboa
Village Parking Management Overlay District PM -1 applies to all property located
within Balboa Village between the Pacific Ocean, A Street, Newport Bay, and
Adams Street, as depicted in the map of PM -1 - Balboa Village Parking
Management Overlay District referenced in Section 21.80.035, or any successor
section.
a. Purpose. The purposes of the PM -1 are as follows:
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i. To protect the special community character of Balboa Village
and enhance the pedestrian -oriented, traditional storefront
character of Balboa Village by reducing requirements for new off-
street parking facilities and the need for driveway curb cuts, traffic
control devices and other parking -related improvements that are
disruptive to this environment or result in a loss of public on -street
parking.
ii. To establish parking programs to adequately serve the
parking needs for Balboa Village residents, visitors and businesses
and for recreational visitors to Balboa Pier and adjacent beaches
and parks.
iii. To modify the requirements of Chapter 21.40 (Off -Street
Parking), or any successor chapter, to optimize the use of existing
public and private parking spaces reflecting that Balboa Village has
a large supply of public parking that is underutilized during the
beach off-peak season.
iv. To provide improved parking information and signage.
V. To provide greater accommodation of public transit and
alternative modes of transportation.
b. Existing Municipal Parking Facilities. PM -1 includes the five (5)
public parking lots within the District: 1) A Street lot, 2) Washington Street
lot, 3) Palm Street lot, 4) Balboa Metered lot, and 5) Balboa Pier lot. In
addition, PM -1 includes public on -street parking spaces along Balboa
Boulevard, Palm Street, Adams Street, and Bay Avenue.
C. Planned Parking Facilities. Due to the high cost of land acquisition
and construction and the underutilization of existing parking in the off-peak
season, additional off-street parking facilities are not necessary to meet
the demand of existing uses; however, parking demand shall be monitored
and evaluated by the City every two years to determine whether additional
District parking is necessary, economical, appropriate, and desirable. The
City may acquire or lease parking facilities to make them available to the
public.
d. Implementation Components.
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i. Parking Supply. Sufficient public parking spaces shall be
provided to meet the parking demand generated by visitors to the
commercial district, Balboa Pier and adjacent beaches and parks.
The PM -1 shall maintain the availability of spaces in public parking
facilities, however, should the need arise, the City may modify, add,
or remove parking spaces to ensure safe and efficient operations
and to meet parking demand. Any change to the number of spaces
shall be processed through an amendment to the coastal
development permit.
ii. Required Off -Street Parking.
(A) Non-residential Uses. No off-street parking shall be
required for any new non-residential use or intensification of
an existing non-residential use, except for the following uses,
as defined by Chapter 21.70 (Definitions), or any successor
chapter: Assembly/Meeting Facilities, Commercial
Recreation and Entertainment, Cultural Institutions, all
Marine Services Uses, Schools, and Visitor
Accommodations. Uses that require off-street parking shall
provide said spaces in accordance with Chapters 21.40 (Off -
Street Parking) and 21.38 (Nonconforming Uses and
Structures), or any successor chapters.
(B) Residential Uses. Residential uses, including
residential uses within a mixed-use structure, shall provide
parking in accordance with Chapters 21.40 (Off -Street
Parking) and 21.38 (Nonconforming Uses and Structures),
or any successor chapters.
(C) Preservation of Existing Off-street Parking. Existing
off-street parking spaces on a development site shall be
preserved unless the elimination of spaces is authorized by
the approval of a coastal development permit application.
(D) Shared Parking for Non-residential Uses.
Notwithstanding the requirement of Title 21 of this Code that
off-street parking be reserved for the use it serves, the
shared use of parking is allowed and encouraged. Shared
parking shall be subject to the following requirements:
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Ordinance No. 2021 -
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(1) Required Off-street Parking. Required parking
for non-residential uses may be satisfied by leasing
nearby parking spaces at off-site locations within
1,250 feet of the parcel it serves. Development on
multiple parcels with reciprocal access agreements is
considered one site for parking purposes. If the
spaces are required or otherwise leased to other
uses, the hours of operation shall not significantly
overlap. The distance between the parking facility and
the use it serves shall be measured along public
walkways from the closest portion of the parking
facility to the main entrance of the use. The leasing of
off-site parking to satisfy required parking shall be
maintained in perpetuity when the use requires it and
may only be discontinued if the use is discontinued.
(2) Excess Parking. Parking that is associated with
an existing private parking lot which is not necessary
to satisfy off-street parking requirements for the
current use may be leased to other uses or made
available to the general public.
(3) Parking within Mixed -Use Buildings. Parking
for different uses within a new, mixed-use building
may be shared subject to the review and approval of
a coastal development permit application.
(4) Parking Reduction. The reduction of required
parking associated with a shared parking
arrangement shall be subject to the review and
approval of the Director when in compliance with the
following conditions:
(a) Shared parking spaces are within 1,250
feet as described in Section
21.28.030(F)(1)(d)(ii)(D)(1), or any successor
section.
(b) There is no significant overlap in the
hours of operation or peak parking demand of
the uses sharing the parking.
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(c) The use of the shared parking facility will
not create traffic hazards or impacts to
surrounding uses.
(d) The property owners involved in the
shared parking facilities provide a binding
agreement or other legal instrument assuring
the joint use of the parking facilities subject to
the satisfaction of the Director.
(e) The Director may require the
preparation and implementation of a parking
management program for the development site
to address potential parking conflicts.
(5) Section 21.40.110(A)(2) (Joint Use of Parking
Facilities), or any successor section, does not apply to
the Balboa Village Parking Management Overlay
District.
(E) Private Parking Facilities Available to the General
Public. Non-residential, off-street parking facilities are
encouraged to be made available to the general public, even
if the parking facility is required for existing developments.
Subject to City Council review and approval, the City may
enter into an agreement with the property owner for the use
and/or management of the parking facility. Allowing general
public access to private off-street parking facilities shall not
affect the property's conformance with its required off-street
parking. The agreement should, at a minimum, address the
hours of availability for use by the general public, signage,
maintenance, duration of agreement, and liability. General
public parking fees at said private parking facilities shall
reflect municipal parking facility rates.
iii. Suspension of In -lieu Parking. Uses within the Balboa
Village Parking Management Overlay District shall not be eligible for
in -lieu parking pursuant to Section 21.40.130 (In -Lieu Parking Fee),
or any successor section. The requirement that existing uses within
the Balboa Village Parking Management Overlay District participate
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Ordinance No. 2021 -
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in the in -lieu parking permit program shall be discontinued as of the
effective date of PM -1.
iv. Voluntary Employee Parking. The City shall operate a
voluntary Balboa Village Employee Permit Program that will include
reduced fees and designated parking locations (excluding beach
parking lots during peak summer months and peak use times) for
employee parking during specified hours. The City shall encourage
employers to provide incentives for transit ridership and other
transportation demand measures.
V. User Groups. PM -1 shall provide sufficient parking to meet
the needs for Balboa Village and visitors to Balboa Pier and
adjacent beaches and parks, while taking into consideration time
of use and seasonal demand variations. Parking shall be
convenient and easily accessible for all user groups.
vi. Parking Restrictions. Restrictions on time of use and duration
of parking shall be implemented to optimize use of both existing off-
street and on -street parking spaces.
vii. Wayfinding Program.
program to direct visitors to
transit, pedestrian and bic
destinations. The wayfinding
real-time availability data
applications.
PM -1 shall include a wayfinding
parking and bicycle facilities, public
ycle access routes and important
program may include the display of
by signage or by mobile phone
viii. Alternative Transportation. PM -1 shall accommodate and
encourage the use of alternative transportation, including, but not
limited to, the following:
(A) Non -motorized use of the Balboa Island Ferry;
(B) The Newport -Balboa Bike Trail;
(C) Bus parking in the Balboa Pier Main Lot;
(D) New or additional public bicycle racks at street ends
and other locations determined by the Public Works Director;
and
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Ordinance No. 2021 -
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(E) The accommodation of the summer trolley/shuttle
service hours and stops and of ride -sharing services
including appropriate loading zones.
Section 4: Subsection (B) of Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of the NBMC is hereby amended to
add the definitions of "Balboa Island Ferry" and "Balboa Pier Main Lot" to read as follows,
with all other provisions of 21.70.020(6) remaining unchanged:
"Balboa Island Ferry" means the ferry service connecting Balboa Island with the Balboa
Peninsula.
"Balboa Pier Main Lot" means the public park lot adjacent to the Balboa Pier, located
between Adams Street and A Street.
Section 5: Subsection (N) of Section 21.70.020 (Definitions of Specialized
Terms and Phrases) of Chapter 21.70 (Definitions) of the NBMC is hereby amended to
add the definition of "Newport -Balboa Bike Trail" to read as follows, with all other
provisions of 21.70.020(N) remaining unchanged:
"Newport -Balboa Bike Trail" means the system of bike lanes and paths from the Santa
Ana River to West Jetty Park and generally depicted on the Bikeways and Trails Map of
the Coastal Land Use Plan.
Section 6: The table of contents of Chapter 21.80 (Maps) of the NBMC is hereby
amended to include Section 21.80.035 (Parking Management Overlay District Maps) to
read as follows:
Chapter 21.80
MAPS
Sections:
21.80.010
Area Maps.
21.80.020
Bluff Overlay.
21.80.025
Canyon Overlay.
21.80.030
Height Limit Areas.
21.80.035
Parking Management Overlay District Maps.
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Ordinance No. 2021 -
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21.80.040 Setback Maps.
21.80.055 Planned Community Site Plans.
21.80.065 Planned Community Land Use Maps.
Section 7: Section 21.80.035 (Parking Management Overlay District Maps) of
Chapter 21.80 (Maps) of the NBMC is hereby added to read as follows and include the
"PM -1 Balboa Village Parking Management Plan Overlay District" map attached hereto as
Attachment "B" with all other provisions of Chapter 21.80 remaining unchanged.
21.80.035 Parking Management Overlay District Maps.
PM -1 - Balboa Village Parking Management Overlay District
Section 8: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 9: The LCP, including LCP Amendment No. LC2017-001, will be
carried out fully in conformity with the California Coastal Act of 1976 as set forth in the
California Public Resources Section 30000 et seq.
Section 10: The City Council hereby authorizes City staff to submit this ordinance
for a determination by the Executive Director of the Coastal Commission that this action
is legally adequate to satisfy the specific requirements of Coastal Commission's
September 9, 2020, action on LCP Amendment Request No. LCP-5-NPB-19-0016-1.
Section 11: This ordinance shall not become effective for thirty days and until the
Executive Director of the Coastal Commission certifies that this ordinance complies with
the Coastal Commission's September 9, 2020, action on LCP Amendment Request No.
LC P -5-N P B-19-0016-1.
Section 12: 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.
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Ordinance No. 2021 -
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Section 13: The City Council finds the introduction and adoption of Local Coastal
Program Amendment No. LC2017-001 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. The
proposed action is also exempt pursuant to CEQA Guidelines Section 15065(a)(1), which
exempts local governments from the requirements of preparing an environmental impact
report or otherwise complying with CEQA in connection with the adoption of a Local
Coastal Program.
Section 14: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Section 15: 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 as provided in Section 10 of this ordinance.
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Ordinance No. 2021 -
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of February 2020, and adopted on the 23rd day of
February, 2020, by the following vote, to -wit -
AYES:
104 FWAY, &I
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Attachments:
Exhibit A - Coastal Zone Map Amendment
Exhibit B - PM -1 Balboa Village Parking Management Plan Overlay District Map
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