HomeMy WebLinkAbout05 - Amending the LCP Implementation Plan and Coastal Land Use Plan Related to the Amortization of Nonconforming Signs (PA2019-184)Q �EwPpRT
CITY OF
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<,FORN'P City Council Staff Report
September 14, 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, mschneider@newportbeachca.gov
PHONE: 949-644-3219
TITLE: Ordinance No. 2021-18: Amending the LCP Implementation Plan and
Coastal Land Use Plan Related to the Amortization of Nonconforming
Signs (PA2019-184)
/_1 1631:7_T91 6
On February 23, 2021, the City Council adopted amendments to Title 20 (Zoning Code)
of the Newport Beach Municipal Code (NBMC) to remove the amortization of nonconforming
signs. Minor amendments to Title 21 (Local Coastal Program Implementation Plan) of the
NBMC and Coastal Land Use Plan were also needed to remove applicable references to
the amortization period and ensure consistency with the adopted changes to Title 20. On
July 7, 2021, the California Coastal Commission approved the Title 21 and Coastal Land
Use Plan amendments with no modifications.
Staff recommends that the City Council introduce an ordinance formally adopting LCP
Amendment No. LC2019-005 revising Title 21 and adopt a resolution to amend the
Coastal Land Use Plan consistent with the California Coastal Commission (CCC)
approval.
RECOMMENDATION:
a) Find this amendment exempt pursuant to California Environmental Quality Act
("CEQA") Guidelines Section 15061(b)(3), and Section 15265(a)(1), because it has
no potential to have a significant effect on the environment and local governments are
exempt from the requirements of CEQA in connection with the adoption of a Local
Coastal Program;
b) Adopt Resolution No. 2021-79, A Resolution of the City Council of the City of Newport
Beach, California, Amending Policy No. 4.4.4-4 of the Newport Beach Coastal Land
Use Plan Related to the Amortization of Nonconforming Signs (PA2019-184), and
c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2021-18, An Ordinance of the City Council of the City of Newport Beach,
California, Amending Title 21 (Local Coastal Program Implementation Plan) of the City
of Newport Beach Municipal Code Related to the Amortization of Nonconforming
Signs (PA2019-184), and pass to second reading on September 28, 2021.
5-1
Ordinance No. 2021-18: Amending the LCP Implementation Plan and Coastal Land Use
Plan Related to the Amortization of Nonconforming Signs (PA2019-184)
September 14, 2021
Page 2
DISCUSSION:
In October 2005, the City of Newport Beach (City) comprehensively updated its sign
regulations. Sign standards changed and certain previously allowed signs became
prohibited. Newport Beach Municipal Code Sections 20.42.140 and 21.30.065 required
certain signs that do not conform to the new regulations be abated within 15 years
(amortization period) from the effective date of the sign code update (October 27, 2005 +
15 years = October 27, 2020). There were approximately 400 legal nonconforming signs
in 2005, of which approximately 140 have either been brought into conformance or have
been removed. Based on property and business owner concerns that removing or
replacing signs would create a financial hardship exacerbated by the COVID-19
pandemic, the City Council adopted Code Amendment No. CA2019-007 on March 9,
2021, removing the amortization period of nonconforming signs from Title 20 (Zoning
Code) of the NBMC. The February 23, 2021, City Council staff report introducing the
ordinance is included as Attachment B for reference.
Minor amendments to Title 21 (Local Coastal Program Implementation Plan) of the NBMC
and the City's Coastal Land Use Plan were also needed to remove references to the
amortization period of nonconforming signs. At the February 23, 2021, City Council
meeting, the City Council adopted Resolution No. 2021-17, authorizing submittal of LCP
Amendment No. LC2019-005 to the CCC for review and approval. The resolution
specified LCP Amendment No. LC2019-005 shall not become effective until approval by
the CCC and adoption, including any modifications suggested by the CCC, by resolution(s)
and/or ordinance(s) of the City Council.
On July 7, 2021, the CCC approved LCP Amendment No. LC2019-005 with no
modifications (Attachment C). As a result, the amendment is now considered deemed
approved and became a certified part of the City's Local Coastal Program on July 21,
2021.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The action proposed herein is not a project subject to the California Environmental Quality
Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines
Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt from
the CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Lastly, pursuant to CEQA Guidelines Section 15265(a)(1), local
governments are exempt from the requirements of CEQA in connection with the adoption
of a Local Coastal Program. The Amendment itself does not authorize development that
would directly result in physical change to the environment.
5-2
Ordinance No. 2021-18: Amending the LCP Implementation Plan and Coastal Land Use
Plan Related to the Amortization of Nonconforming Signs (PA2019-184)
September 14, 2021
Page 3
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).
Notice of the February 23, 2021, City Council hearing where this amendment was
originally considered and approved for submittal to the CCC was published in the Daily
Pilot as an eighth -page advertisement, consistent with the provisions of the NBMC and
emailed to interested parties that have requested notice and/or attended the community
meetings.
Lastly, pursuant to Section 13515 of the California Code of Regulations, a review draft of
the Local Coastal Program Amendment was made available, and a Notice of Availability
was distributed on April 22, 2020 and November 6, 2020, to all persons and agencies on
the Notice of Availability mailing list.
ATTACHMENTS:
Attachment A
— Ordinance No. 2021-18 (LCP Amendment Title 21)
Attachment B
— Resolution No. 2021-79 (Coastal Land Use Plan)
Attachment C
— February 23, 2021 City Council Staff Report
Attachment D
— California Coastal Commission Approval Letter
5-3
Attachment A
Ordinance No.2021-18 (LCP Amendment Title 21)
5-4
ORDINANCE NO. 2021-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING TITLE 21
(LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN)
OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE
RELATED TO THE AMORTIZATION OF
NONCONFORMING SIGNS (PA2019-0184)
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 California Public Resources Code requires
each county and city to prepare a local coastal program for the 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 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 as of January
30, 2017;
WHEREAS, Sections 20.42.140 (Nonconforming Signs) and 21.30.065 (Signs) of
the NBMC require certain signs that do not conform to the sign 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;
WHEREAS, on October 22, 2019, the City Council adopted Resolution No. 2019-
92 initiating amendments to Title 20 (Planning and Zoning) ("Title 20") and Title 21
(Local Coastal Program Implementation Plan) ("Title 21") related to signs including
extending the Amortization Period;
5-5
Ordinance No. 2021 -
Page 2 of 5
WHEREAS, on March 15, 2020, the City proclaimed a local emergency due to
the COVID-19 global pandemic;
WHEREAS, due to the extreme peril upon personal safety that is based on the
existence or threatened existence of COVID-19 within and/or around the City, many
businesses have been forced to reduce services or temporarily close;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, review of the draft LCP Amendment was made available and a Notice of the
Availability was distributed on November 6, 2020, which is a minimum of six (6) weeks
prior to the final action date;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 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 California Government
Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62
(Public Hearings) 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. PC2020-015 and PC2020-016 by a majority vote (7 ayes, 0
nays) recommending the City Council eliminate the Amortization Period;
WHEREAS, a public hearing was held by the City Council on June 23, 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 (Public Hearings) of the NBMC.
Evidence, both written and oral, was presented to, and considered by, the City Council at
this public hearing;
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-66
to initiate the General Plan Amendment and Coastal Land Use Plan Amendment to
eliminate the Amortization Period,
5-6
Ordinance No. 2021 -
Page 3 of 5
WHEREAS, a telephonic public hearing was held by the Planning Commission on
November 19, 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 Ralph M. Brown Act and
Chapters 20.62 and 21.62 (Public Hearings) 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 Zoning Code Amendment No. CA 2019-
007 and LCP Amendment No. LC2019-005 to eliminate the Amortization Period;
WHEREAS, a telephonic public hearing was held by the City Council on February
23, 2021, 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 and
Chapter 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was
presented to, and considered by, the City Council at this public hearing;
WHEREAS, on February 23, 2021, the City Council introduced Ordinance No.
2021-05 revising Title 20 (Planning and Zoning) to eliminate the amortization of
nonconforming signs (Code Amendment No. CA2019-007) and adopted Resolution No.
2021-16 to eliminate the amortization of nonconforming signs as set forth in the General
Plan and adopted Resolution No. 2021-17 authorizing submittal of LCP Amendment No.
LC2019-005 to the California Coastal Commission by a unanimous vote (6 ayes, 0
nays); and
WHEREAS, on July 7, 2021, the California Coastal Commission approved LCP
Amendment No. LC2019-005 (LCP-5-NPB-21-0036-1 Part B) with no modifications. As
a result, LCP Amendment No. LC2019-005 is now deemed approved and became a
certified part of the City's Local Coastal Program.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 21.30.065(E) (Signs) of Title 21 (Local Coastal Program
Implementation Plan) of the NBMC shall be deleted in its entirety.
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Ordinance No. 2021 -
Page 4 of 5
Section 2: The LCP, including LCP Amendment No. LC2019-005, shall be
carried out in full conformance with the California Coastal Act.
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 exempt pursuant to California Environmental Quality Act ("CEQA")
Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects,
which have the potential for causing a significant effect on the environment. While LCP
Amendment No. LC2019-005 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. Additionally, pursuant to
CEQA Guidelines Section 15265(a)(1), local governments are exempt from the
requirements of CEQA in connection with the adoption of a Local Coastal Program.
None of the exceptions listed in Section 15300.2 of the CEQA Guidelines are applicable.
Section 6: 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 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.
Ordinance No. 2021 -
Page 5 of 5
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 14th day of September, 2021, and adopted on the 281h
day of September, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON , ARP, C ITY ATTORNEY
5-9
Attachment B
Resolution No. 2021-79 (Coastal Land Use Plan)
5-10
RESOLUTION NO. 2021-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
POLICY NO. 4.4.4-4 OF THE NEWPORT BEACH
COASTAL LAND USE PLAN RELATED TO THE
AMORTIZATION OF NONCONFORMING SIGNS
(PA2019-184)
WHEREAS, Section 30500 of the Public Resources Code requires each county
and city to prepare a local coastal program ("LCP") for that portion of the coastal zone
within its jurisdiction;
WHEREAS, in 2005, the City of Newport Beach ("City") adopted the 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 ("Coastal Commission")
effectively certified the City's LCP on January 13, 2017, and the City assumed coastal
development permit -issuing authority on January 30, 2017;
WHEREAS, Policy 4.4.4-4 of the LCP provides the policy goal of amortizing legal
non -conforming signs which was set to expire on October 27, 2020 ("Amortization
Period");
WHEREAS, on October 22, 2019, the City Council adopted Resolution No. 2019-
92 initiating amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal
Program Implementation Plan) related to signs including extending the Amortization
Period;
WHEREAS, on March 15, 2020, the City proclaimed a local emergency due to the
COVID-19 global pandemic;
WHEREAS, due to the extreme peril upon personal safety that is based on the
existence or threatened existence of COVID-19 within and/or around the City, many
businesses have been forced to reduce services or temporarily close;
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5,
Chapter 8, review of the draft LCP Amendment was made available and a Notice of the
Availability was distributed on November 6, 2020, a minimum of six (6) weeks prior the
City Council public hearing;
5-11
Resolution No. 2021 -
Page 2 of 4
WHEREAS, a telephonic public hearing was held by the Planning Commission on
May 7, 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 California Government Code
Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public
Hearings) 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. PC2020-015 and PC2020-016 by a majority vote (7 ayes, 0
nays) recommending the City Council eliminate the Amortization Period;
WHEREAS, a public hearing was held by the City Council on June 23, 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 (Public Hearings) of the NBMC. Evidence, both
written and oral, was presented to, and considered by, the City Council at this public hearing;
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 2020-66
to initiate the General Plan Amendment and Coastal Land Use Plan Amendment to
eliminate the Amortization Period;
WHEREAS, a telephonic public hearing was held by the Planning Commission on
November 19, 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 Ralph M. Brown Act and Chapters 20.62
and 21.62 (Public Hearings) 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 Zoning Code Amendment No. CA 2019-
007 and LCP Amendment No. LC2019-005 to eliminate the Amortization Period;
5-12
Resolution No. 2021 -
Page 3 of 4
WHEREAS, a telephonic public hearing was held by the City Council on February
23, 2021, 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 and Chapter
21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to,
and considered by, the City Council at this public hearing;
WHEREAS, on February 23, 2021, the City Council introduced Ordinance No.
2021-05 revising Title 20 (Planning and Zoning) to eliminate the amortization of
nonconforming signs (Code Amendment No. CA2019-007) and adopted Resolution No.
2021-16 to eliminate the amortization of nonconforming signs as set forth in the General
Plan and adopted Resolution No. 2021-17 authorizing submittal of LCP Amendment No.
LC2019-005 to the California Coastal Commission by a unanimous vote (6 ayes, 0 nays);
and
WHEREAS, on July 7, 2021, the California Coastal Commission approved LCP
Amendment No. LC2019-005 (LCP-5-NPB-21-0036-1 Part B) with no modifications. As a
result, LCP Amendment No. LC2019-005 is now deemed approved and became a
certified part of the City's Local Coastal Program.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Policy No. 4.4.4-4 of Chapter 4 (Coastal Resources Protection) of
the City of Newport Beach Coastal Land Use Plan is amended to read as follows:
4.4.4-4 Implement programs to remove illegal signs.
Section 2: The LCP, including LCP Amendment No. LC2019-005, shall be
carried out in full conformance with the California Coastal Act.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion 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 ordinance. 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.
5-13
Resolution No. 2021 -
Page 4 of 4
Section 5: The City Council finds the introduction and adoption of this resolution
is exempt pursuant to California Environmental Quality Act ("CEQA") Guidelines Section
15061(b)(3), the general rule that CEQA applies only to projects, which have the potential
for causing a significant effect on the environment. While LCP Amendment No. LC2019-
005 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. Additionally, pursuant to CEQA Guidelines Section
15265(x)(1), local governments are exempt from the requirements of CEQA in connection
with the adoption of a Local Coastal Program. None of the exceptions listed in Section
15300.2 of the CEQA Guidelines are applicable.
Section 6: 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 14th day of September, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
L6��= ::�e=
Aaron C. Harp
City A orney
5-14
Attachment C
City Council Staff Report, Dated February 23, 2021
Available separately due to bulk at:
https://ecros.newportbeachca.gov/Web/DocView.aspx?dbid=0&id=2663787&page=1&cr=1
5-15
Attachment D
California Coastal Commission Approval Letter
5-16
STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY GAVIN NEWSOM, GOVERNOR
CALIFORNIA COASTAL COMMISSION
South Coast Area Office
301 East Ocean Avenue, Suite 300 tiOMMUNIIti
r {
Long Beach, CA 90802 .)EVt LO?MEN1
(562)590-5071
AUG 0 5 20211
July 23, 2021
The Honorable City Council '''Tv "'
City of Newport Beach a.GaP;,
100 Civic Center Drive
Newport Beach CA 92660 S�..)iNNED
Re: City of Newport Beach LCP Amendment Request No. LCP-5-NPB-21-0036-1 Part A and
Part B
Dear Councilpersons:
You are hereby notified that the California Coastal Commission, at its July 7, 2021 meeting
approved as submitted City of Newport Beach LCP Amendment No. LCP-5-NPB-21-0036-1
Part A and Part B. The amendment will be fully effective upon filing of the notice of the
Commission's certification with the Secretary of the Natural Resources Agency as provided by
Public Resources Code Section 21080.5(d)(2)(E).
LCP Amendment No. LCP-5-NPB-21-0036-1 Part A was submitted pursuant to City
Council Resolution No. 2020-102. Part A of the amendment involves revisions to the
Residential Design Standards in the Implementation Plan (IP) portion of the certified LCP.
Specifically, the amendment would revise the definition of Gross Floor Area in IP Section
21.70.020 and would revise Table 21.18-4 of IP Section 21.18.030 to clarify that the
common and private open space requirements only apply to multi -unit residential
developments of three (3) units or more. LCP Amendment No. LCP-5-NPB-21-0036-1
Part B involves revisions to both the Land Use Plan (LUP) the Implementation Plan (IP)
portion of the certified LCP regarding signs to delete the language at the end of LUP Policy
4.4.4-4 that allows for the amortization of legal nonconforming signs and would delete IP
Section 21.30.065(E) that references the City's self-imposed deadline of October 27, 2020
for the removal or alteration of nonconforming roof and pole signs.
The Executive Director determined that the subject LCP Amendment Parts A and B were
De Minimis and reported them to the Commission at its July 7, 2021 meeting. No
Commissioners objected to the De Minimis determination. Pursuant to Coastal Act
Section 30514(d)(3)(C), the amendment is deemed approved and becomes a certified part
of the LCP ten days after the date of the Commission meeting; in this case, on July 21,
2021. On behalf of the Coastal Commission, I would like to congratulate the City on the
completion of this LCP amendment. We look forward to working with you and your staff in
the future.
� Sincere '
Liliana Roman
Coastal Program Analyst
cc. Jaime Murillo, Planning Program Manager
5-17