HomeMy WebLinkAbout2022-3 - Initiating Amendments to Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the City of Newport Beach Municipal Code Related to Residential Care Facilities (PA2021-292)RESOLUTION NO. 2022-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 (PLANNING AND ZONING)
AND TITLE 21 (LOCAL COASTAL PROGRAM
IMPLEMENTATION PLAN) OF THE CITY OF NEWPORT
BEACH MUNICIPAL CODE RELATED TO RESIDENTIAL
CARE FACILITIES (PA2021-292)
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 entitled "General Plan and Local Coastal
Program" requires amendments to the City of Newport Beach certified Local Coastal
Program codified in Title 21 (Local Coastal Program Implementation Plan) of the NBMC
to be initiated by the City Council;
WHEREAS, changes in state law as well as the operational characteristics of
residential care facilities have occurred since the last comprehensive update to the City's
residential care facilities standards were adopted,-
WHEREAS,
dopted;
WHEREAS, the City Council created a Residential Care Facilities Ad Hoc
Committee on October 26, 2021, to provide a recommendation to the entire City Council
regarding matters pertinent to updating the City's residential care facilities standards
including but not limited to: ensuring local standards are consistent with state and federal
law, recommending legislative policies and or positions regarding state laws related to
the regulation of residential care facilities and reviewing and if warranted recommending
changes to the City's code enforcement protocols related to residential care facilities; and
WHEREAS, the City Council in coordination with the Residential Care Facilities
Ad Hoc Committee desires to amend Title 20 (Planning and Zoning) and Title 21 (Local
Coastal Program Implementation Plan) of the NBMC related to residential care facilities.
These amendments are intended to ensure the City's residential care facilities standards
are in line with current state and federal law and permitting practices of other jurisdictions
that have evolved since the last comprehensive update to the City's residential care
facilities standards were adopted.
Resolution No. 2022-3
Page 2 of 3
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) of the NBMC and Title 21 (Local Coastal Program Implementation Plan) of
the NBMC related to residential care facilities.
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 operative portion of this resolution.
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.
Resolution No. 2022-3
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 11th day of January, 2022
ATTEST:
04
P�aww�
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C
Aar n C. Harp
City Attorney
Kevin M doon
Mayor
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. 2022-3 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 111h day of January, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tem Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12th day of January, 2022.
Leilani I. Brown
City Clerk
Newport Beach, California