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Home My WebLink About05 - Initiation of Zoning Code and LCP Amendments Related to Wireless Communication Facilities in the Public Right of Way (PA2021-103)Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report May 25, 2021 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: Matt Schneider, Principal Planner PHONE: 949-644-3219, mschneider@newportbeachca.gov TITLE: Resolution No. 2021-42: Initiation of Zoning Code and LCP Amendments Related to Wireless Communication Facilities in the Public Right of Way (PA2021-103) ABSTRACT: For the City Council's consideration is the initiation of 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 wireless telecommunication facilities in the public right of way to ensure compliance with state and federal laws. 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. 2021-42, A Resolution of the City Council of the City of Newport Beach, California, Initiating Amendments to Titles 20 (Planning and Zoning) and 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Wireless Communication Facilities in the Public Right of Way (PA2021-103). 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 of Newport Beach (City) sponsored amendment to the certified Local Coastal Program (LCP) shall be initiated by the City Council. 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 public hearings. Additionally, amendments to the certified LCP will require certification by the California Coastal Commission. 5-1 Resolution No. 2021-42: Initiation of Zoning Code and LCP Amendments Related to Wireless Communication Facilities in the Public Right of Way (PA2021-103) May 25, 2021 Page 2 Amendments Proposed for Initiation: On September 26, 2018, the Federal Communications Commission (FCC) issued a Declaratory Ruling and Third Report and Order (Declaratory Ruling) adding regulations 47 C.F.R. 1.6001-1.6004 which adopted new rules substantially revising the City's authority to regulate the deployment of "small wireless facilities". Under the police power of Article XI section 7 of the California Constitution, as confirmed in T -Mobile West LLC v. City and County of San Francisco (2019), cities retain the full authority to regulate telecommunication facilities in the right of way to the extent such regulations are not inconsistent with general laws. As a result of these FCC changes, it is in the public interest for the City to update Newport Beach Municipal Code Title 20.49 (Wireless Telecommunication Facilities) and Title 21.49 (Wireless Telecommunication Facilities) regulations related to small wireless facilities in the public right -of way in a manner consistent with applicable state and federal law. The overview above is the limit of the proposed amendments; however, as staff examines these sections within the context of their individual purposes, additional changes to related amendments may be necessary. The recommended course of action includes authorization to bring forth those related changes. Staff anticipates returning to the Planning Commission at a noticed public hearing as soon as possible. FISCAL IMPACT: There is no fiscal impact related to this item. 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 and potential 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. ATTACHMENT: Attachment A — Resolution No. 2021-42 5-2 ATTACHMENT A RESOLUTION NO. 2021-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLES 20 (PLANNING AND ZONING) AND 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF WAY (PA2020-103) WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to Title 20 (Planning and Zoning) with or without a recommendation from the Planning Commission; WHEREAS, City Council Policy K-1 (General Plan and Local Coastal Program) requires amendments to the City of Newport Beach ("City") certified Local Coastal Program ("LCP") codified in Title 21 (Local Coastal Program Implementation Plan) of the NBMC to be initiated by the City Council; and WHEREAS, to modify regulations related to wireless communication facilities in the public right of way consistent with updates to state and federal law, amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC are required. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC to modify regulations relating to wireless communication facilities in the public right of way. 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. 5-3 Resolution No. 2021-42 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 ("CEQA") pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves 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 the resolution. ADOPTED this 25th day of May, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 5-4