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Home My WebLink AboutPA2022-0202_20230705_NOE_Ordinance Nos. 2023-4 and 2023-5 Code Amendments Related to Time Shares_posted on 05-24-2023RECEIVED 'BY COMMUNITY DEVELOPMENT JUL O 5 2023 CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH 100 CIVIC CENTERDRP'o BOX 1768 NEWPORT BEACH, CA 92658-8915 HUGH NGUYEN CLERK-RECORDER Office of the Orange County Clerk-Recorder Memorandum SUBJECT: NOTICE OF EXEMPTION The attached notice was received, filed and a copy was posted on 05/24/2023 It remained posted for 30 (thirty) days. Hugh Nguyen Clerk -Recorder In and for the County of Orange By: Carina Cmies Deputy Public Resource Code 21092.3 BIRTH AND DEATH RECORDS FICTITIOUS BUSINESS NAMES MARRIAGE LICENSES/RECORDS NOTARY REGISTRATION ORANGE COUNTY ARCHIVES PASSPORTS PROPERTY RECORDS The notice required pursuant to Sections 21080.4 and 21092 for an environmental impact report shall be posted in the office of the County Clerk of each county*** in which the project will be located and shall remain posted for a period of 30 days. The notice required pursuant to Section 21092 for a negative declaration shall be so posted for a period of 20 days, unless otherwise required by law to be posted for 30 days. The County Clerk shall post notices within 24 hours of receipt. Public Resource Code 21152 All notices filed pursuant to this section shall be available for public inspection, and shall be posted*** within 24 hours of receipt in the office of the County Clerk. Each notice shall remain posted for a period of 30 days. *** Thereafter, the clerk shall return the notice to the local lead agency*** within a notation of the period it was posted. The local lead agency shall retain the notice for not less than nine months. Additions or changes by underline; deletions by*** (714) 834-2500 ♦ FAX: (714) 834-2675 ♦ OCRECORDER.COM ♦ OCARCHIVES.COM PA2022-0202 ORANGE COUNTY CLERK-RECORDER CEQA FILING COVER SHEET 3()-05 \24 \2023-Qq33 Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder \ IIIII I I IIIIII Ill lllll lllll lllll lllll lllll lllll lllll lllll 111111111111111111 NO FEE * $ R O O 1 4 3 6 8 0 5 6 $ * 202385000439 12:58 pm 05/24/23 477 Vitlndx Z01 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 Complete and attach this form to each CEQA Notice filed with the County Clerk-Recorder TYPE OR PRINT CLEARLY Project Title ORDINANCE NOS. 2023-4 AND 2023-5: CODE AMENDMENTS RELATED TO TIME SHARES (PA2022-0202) Check Document being Filed: Q Environmental Impact Report (EIR) Q Mitigated Negative Declaration (MND) or Negative Declaration (ND) (!} Notice of Exemption (NOE) Q Other (Please fill in type): FILED MAY 2 4 2023 ORANGE COUNTY CLERK-RECORDER DEPARTME!NT BY: __ ~ •~c-••-~--w-••-°·EPIJTY POSTED MAY 2 4 2023 ORANGE COLlfU'l CI.ERK-Rf..C:ORDER Of:l}Alml!Etn BY: C. C !JEPUT'l! FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK-REGQRDER Qt:,! May 24, 2023 Posted _____ Removed ____ _ Returned to agency on ________ _ DEPUTY CARINA CORTES Filing fees are due at the time a Notice of Determination/Exemption is filed with our office.For more information on filing fees and No Effect Determinations, please refer to California Code of Regulations, Title 14, section 753.5. PA2022-0202 FILED POSTED MAY 2 4 2023 MAY 2 4 2023 Notice of Exemption ORANGE COUNTY CtERK•RECORUER DEPARTMENT OIWNGE' COUNTY cu,m<-Rf:GOfWEi~ f:FPAHTMENT BY: To: From: County Clerk City of Newport Planning Division County of Orange Public Services Division Santa Ana, CA 92702 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92658-8915 (949) 644-3200 Project Title: Ordinance Nos. 2023-4 and 2023-5: Code Amendments Related to Time Shares (PA2022-0202) Project Applicant: City of Newport Beach, 100 Civic Center Drive, Newport Beach CA 92658-8915 Attention: Jaime Murillo, Principal Planner Project Location -Specific: Citywide, Newport Beach CA Project Location -City: Newport Beach Project Location -County: Orange Description of Nature, Purpose and Beneficiaries of Project: On May 23, 2023, the City Council adopted Ordinances No. 2023-4 and 2023-5, amending Title 20 {Planning and Zoning) and Title 21 {Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code {NBMC) modifying the definition of time share to clearly include fractional ownership units. As a time share use, fractional homeownership would be prohibited in all residential zoning districts and only allowed in certain commercial and mixed-use zoning districts subject to existing time share regulations. Name of Public Agency Approving Project: City of Newport Beach Name of Person or Agency Carrying out Project: City of Newport Beach, 100 Civic Center Drive, Newport Beach CA 92658-8915 Exempt Status: (check one): D Ministerial (Sec. 21080(b)(1); 15268); D Declared Emergency (Sec. 21080(b)(3); 15269(a)); D Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); [8J Categorical Exemption. State type and section number: Class 8 Section 15308 [8J Statutory Exemptions. State code number: 15060 ( c) (2) and 15061(b)(3) Reasons why project is exempt: The action is not subject to the California Environmental Quality Act {CEQA) pursuant to Section 15060{c){2) and 15061{b){3) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This code amendment would clarify that fractional ownership uses are classified as time shares, which are currently regulated by the NBMC. This amendment does not alter the manner in which time shares are regulated and therefore would not result in a physical change in the environment. Additionally, the proposed amendments to Titles 20 and 21 of the NBMC are categorically exempt pursuant to Section 15308 because the ordinances involve regulatory actions to assure protection of the environment. Lead Agency Contact Person/Title:Jaime Murillo, Principal Planner Contact Phone No./Ext: 949-644-3209 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? □Yes D No PA2022-0202 Signature~~ I Title: Principal Planner Date: May 24, 2023 18]Signed by Lead Agency D Signed by Applicant Authority cited: Sections 21083 and 2111 0, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. FILED MAY 2 1t 2023 ORANGE COUNTY CLERK-RECORDER DEPARTMEN'f BY: C -C DEPUTY 04/04/2019 p MAY 2 4 2023 ORANGE COUNTY CLER~ECORDER DEPARTMENT BY: C . (__ DEPUTY PA2022-0202 ' State of California -Department of Fish and Wildlife 2023 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV. 01/01/22) Previously DFG 753.5a SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY. LEAD AGENCY I LEAD AGENCY EMAIL CITY OF NEWPORT BEACH COUNTY/STATE AGENCY OF FILING PROJECT TITLE RECEIPT NUMBER: 30 -04/24/2023 -0433 STATE CLEARINGHOUSE NUMBER (If applicable) DATE 04/24/2023 DOCUMENT NUMBER 202385000439 ORDINANCE NOS. 2023-4 AND 2023-5: CODE AMENDMENTS RELATED TO TIME SHARES (PA2022-0202) PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF NEWPORT BEACH, PLANNING DIVISION (949) 644-3209 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 100 CIVIC CENTER DRIVE NEWPORT BEACH CA 92658 PROJECT APPLICANT (Check appropriate box) (2] Local Public Agency D School District D Other Special District CHECK APPLICABLE FEES: D Environmental Impact Report (EIR) D Mitigated/Negative Declaration (MND)(ND) D Certified Regulatory Program (CRP) document -payment due directly to CDFW 0 Exempt from fee 0 Notice of Exemption (attach) D CDFW No Effect Determination (attach) D Fee previously paid (attach previously issued cash receipt copy) D Water Right Application or Petition Fee (State Water Resources Control Board only) D County documentary handling fee D Other PAYMENT METHOD: D State Agency D Private Entity $3,839.25 $2,764.00 $1,203.25 $ 0.00 ----------- $ 0.00 ----------- $ ________ 0._00_ $850.00 $ 0.00 $ $ □ Cash O Credit □ Check D Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X DEPUTY CLERK, CARINA CORTES ORIGINAL -PROJECT APPLICANT COPY -CDFW/ASB COPY -LEAD AGENCY COPY -COUNTY CLERK DFW 753.5a (Rev. 01012022) PA2022-0202 " Hugh "Nguyen Orange Cciunty Clerk--Reoorder 601 N. Ross Street Santa Ana, CA 92701 County Finalization: 20230000141912 5/24/23 12:58 pm 477 Vitindx Item 'Xitle Cciunt 1 Z01 1 EIR: Exempt o:r. Previously Paid Document ID DOC# 202385000439 Time Recorded 12:58 pm Total Payment 'I'ype NO E'EE Amount Due THANK YOU Amoimt 50.00 0.00 Amount 50.00 0.00 J?LE::ASE RETAIN '!'HIS RECE:tl?T FOR YOllR RECORDS IA/WW. ocrec:order. corn PA2022-0202