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Home My WebLink About2021-16 - Approving General Plan Amendment No. GP2020-005 to Amend Policy NR 21.2 (Illegal Signs and Legal Nonconforming Signs) of the Natural Resources Element to Remove the Amortization of Nonconforming Signs (PA2019-184)RESOLUTION NO. 2021-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. GP2020-005 TO AMEND POLICY NR 21.2 (ILLEGAL SIGNS AND LEGAL NONCONFORMING SIGNS) OF THE NATURAL RESOURCES ELEMENT TO REMOVE THE AMORTIZATION OF NONCONFORMING SIGNS (PA2019-184) 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, the City comprehensively updated its sign regulations in October 2005, including incorporation of Newport Beach Municipal Code ("NBMC") Sections 20.42.140 (Nonconforming Signs) and 21.30.065 (Signs) which 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; WHEREAS, the Amortization Period was set to expire on October 27, 2020, at which time all nonconforming signs were to be removed, however on October 22, 2019, the City Council adopted Resolution No. 2019-92 to initiate an extension of the Amortization Period; WHEREAS, on March 15, 2020, the City proclaimed a local emergency due to the COVID-19 global pandemic and many businesses have been forced to reduce services or temporarily close; WHEREAS, a public hearing was held telephonically by the Planning Commission due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19 on May 7, 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 California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2021-16 Page 2 of 4 WHEREAS, at the conclusion of the public hearing, the Planning Commission adopted Resolution Nos. PC2020-015 and PC2020-016 by a majority vote (7 ayes, 0 nays), recommending the City Council eliminate the Amortization Period instead of extending the Amortization Period for an additional five years; WHEREAS, a public hearing was held telephonically by the City Council due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19 on June 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the Zoning Code Amendment No. CA2019-007 and Local Coastal Program Amendment No. LC2019-005. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, at the conclusion of the hearing, the City Council adopted Resolution No. 2020-66 to eliminate the Amortization Period and directed staff not to enforce the October 27, 2020 deadline, until such time the City Council has taken final action on the proposed General Plan Amendment ("GPA") and Coastal Land Use Plan Amendment; WHEREAS, a public hearing was held telephonically by the Planning Commission due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19 on November 19, 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 Chapter 20.62 of the NBMC. 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 adopted Resolution Nos. PC2020-042 and PC2020-043 by a majority vote (7 ayes, 0 nays) recommending the City Council approve General Plan Amendment No. GP2020- 005, Zoning Code Amendment No. CA2019-007, and Local Coastal Program No. LC2019-005 to remove the Amortization Period; WHEREAS, a public hearing was held telephonically by the City Council due to the Declaration of a State of Emergency and Proclamation of Local Emergency related to COVID-19 on February 23, 2021, 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 Chapter 20.62 of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; Resolution No. 2021-16 Page 3 of 4 WHEREAS, City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the City Charter. If a GPA (separately or cumulatively with other GPAs within the previous ten (10) years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. As none of the thresholds specified by Charter Section 423 are impacted nor exceeded by the amendment, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2020-005; WHEREAS, pursuant to California Government Code Section 65352.3 (SB18), a local government is required to contact the appropriate tribes identified by the Native American Heritage Commission ("NAHC") each time it considers a proposal to adopt or amend the General Plan and, if requested by any tribe, the local government must consult for the purpose of preserving or mitigating impacts to cultural resources; WHEREAS, the City received comments from the NAHC indicating that eight tribal contacts should be provided notice regarding GP2020-005 and the City provided notice to the eight tribal contacts on July 28, 2020; and WHEREAS, California Government Code Section 65352.3 requires notification 90 days prior to Council action to allow tribal contacts to respond to the request to consult and the City was not contacted by any tribal contacts during this 90 day period. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby approves General Plan Amendment No. GP2020-005 to amend Policy No. NR 21.2 (Illegal Signs and Legal Nonconforming Signs) of the Natural Resources Element of the City of Newport Beach General Plan as provided in Exhibit "A" which is attached hereto and incorporated herein by this reference. Section 2: The City Council finds the adoption of this resolution is categorically exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. While this amendment would allow existing legal nonconforming signs to remain in place, it does not authorize new development that would directly result in physical change to the environment. There is no evidence that removal of the Amortization Period would result in any new effects on the environment. Resolution No. 2021-16 Page 4 of 4 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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 5: This resolution shall take effect upon the effective date of City Council Ordinance No. 2021-5 amending Section 20.42.140 (Nonconforming Signs) the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23rd day of February, 2021. X -/ Br ery ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney Attachment: Exhibit A - General Plan Land Use Amendments Exhibit "A" General Plan Land Use Amendment Section 1: Policy No. NR 21.2 of the Natural Resources Element of the City of Newport Beach General Plan is amended to read as follows: NR 21.2 Illegal Signs Implement programs to remove illegal signs. (Imp 2.1, 26.1) 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; the foregoing resolution, being Resolution No. 2021-16 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 23rd day of February, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill NAYS: None RECUSED: Council Member Duffy Duffield ABSENT: Mayor Pro Tem Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 24th day of February, 2021. rn r Leilani T Brown City Clerk Newport Beach, California 4.1 F:09-__�;Or