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HomeMy WebLinkAbout17 - LCP Amendment for the Lido House Hotel Floor Area Expansion�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report April 11, 2017 Agenda Item No. 17 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: James Campbell, Principal Planner, icam pbell(a�newportbeachca.gov PHONE: 949-644-3210 TITLE: Local Coastal Program Amendment for the Lido House Hotel Floor Area Expansion Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061) ABSTRACT: Adoption of Local Coastal Program Amendment No. 2016-001 for the Lido House Hotel expansion project that includes suggested modifications by the California Coastal Commission. RECOMMENDATION: a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in previously certified environmental documents; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2017-9, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Local Coastal Program Amendment No. LC2016-001 as Modified by the California Coastal Commission Related to the CV -LV Coastal Zoning District for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061), and pass on to a second reading on April 25, 2017; and d) Adopt Resolution No. 2017-25, A Resolution of the City Council of the City of Newport Beach, California, Forwarding Ordinance No. 2017-9 to California Coastal Commission for a Determination of Adequacy to Implement Local Coastal Program Amendment LCP-5-NPB-17-0010-1 as Modified by the Coastal Commission (PA2016-061). FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 17-1 LCP Amendment for the Lido House Hotel Floor Area Expansion (PA2016-061) April 11, 2017 Page 2 DISCUSSION: On November 22, 2016, the City Council adopted Ordinance No. 2016-20 amending the City's Local Coastal Program (LCP) Implementation Plan to increase the maximum allowed development of the CV -LV coastal zoning district for the Lido House Hotel by 4,745 square feet. On January 24, 2017, the City Council conducted a noticed public hearing and adopted Resolution No. 2017-008 authorizing the submission of the LCP amendment to the California Coastal Commission for consideration. On March 8, 2017, the California Coastal Commission approved the LCP amendment with suggested modifications (Attachment C). The change adds a footnote to Section 21.20.030 in Table 21.20-2 that reflects the increased floor area for the hotel as requested and it restates existing provisions within the Coastal Land Use Plan. Specifically, the note (8) that would apply only to the CV -LV zone and would read as follows: "103,470 gross square feet not include the fire station. A fire station may not occupy more than 10% of the total project site." The provisions related to the fire station were included by the Coastal Commission and accepted by the City when the Lido House Hotel entitlements were finalized in 2015. With the adoption of the recommended ordinance and resolution, staff will transmit them to Coastal Commission staff for final review and a subsequent determination by the Coastal Commission Executive Director of their adequacy. Once the Coastal Commission acknowledges the Executive Director's determination, the amendment process will be concluded. ENVIRONMENTAL REVIEW: All significant environmental concerns for the proposed project have been addressed in previously certified environmental documents. The City prepared and certified by adoption of Resolution No. 2014-80 an Environmental Impact Report for the Lido House Hotel (SCH#2013111022) on September 9, 2014. Pursuant to CEQA Guidelines §15164, the City prepared and adopted Addendum 1 to the Lido House Hotel Environmental Impact Report for the 4,745 square -foot increase (Resolution No. 2016-88). The analysis provided in the Addendum concluded that no new environmental impacts and no impacts of greater severity would result from approval and implementation of the larger hotel project. The subject action authorizes the submission of a LCP Amendment for the 4,745 square -foot increase in floor area for the Lido House Hotel to Coastal Commission for consideration. NOTICING: Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with Newport Beach Municipal Code Chapter 20.62. Additionally, 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). 17-2 LCP Amendment for the Lido House Hotel Floor Area Expansion (PA2016-061) April 11, 2017 Page 3 ATTACHMENTS: Attachment A — Draft Ordinance Attachment B — Draft Resolution Attachment C — Letter from California Coastal Commission Dated March 17, 2017 17-3 Attachment A Draft Ordinance 17-4 ORDINANCE NO. 2017-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2016-001 AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION RELATED TO THE CV -LV COASTAL ZONING DISTRICT FOR THE LIDO HOUSE HOTEL PROJECT LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2016-061) WHEREAS, on November 22, 2016, the City Council adopted Ordinance No. 2016-20 amending the City's Local Coastal Program (LCP) Implementation Plan [Newport Beach Municipal Code (NBMC) Title 21] to increase the maximum allowed development of the CV -LV coastal zoning district by 4,745 square feet consistent with a previously approved Coastal Land Use Plan Amendment (LC2016-001); WHEREAS, on January 24, 2017, the City Council conducted a noticed public hearing and adopted Resolution No. 2017-008 authorizing the submission of Local Coastal Program Amendment No. LC2016-001 to the California Coastal Commission for consideration; WHEREAS, on March 8, 2017, at their regular meeting in Ventura California, the California Coastal Commission certified LC2016-001 (LCP-5-NPB-16-0039-1 and LCP- 5-NPB-17-0010-1), with suggested modifications to the draft LCP Implementation Plan amendment (LC P-5-NPBA 7-0010-1) as consistent with the Coastal Act; WHEREAS, on April 11, 2017, the City Council held a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the certified amendment as modified; and WHEREAS, a notice of the time, place and purpose of the public hearing was provided in accordance NBMC Chapter 20.62. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The LCP Implementation Plan, NBMC Section 21.20.030 (Commercial Coastal Zoning Districts General Development Standards), is hereby amended, in part, to revise a single row in Table 21.20-2 to increase the maximum allowed development within the CV -LV coastal zoning district and to add note 8. All other 17-5 Ordinance No. 2017 - Page 2 of _ provisions in NBMC Section 21.20.030 and Table 21.20-2 including notes shall remain unchanged. TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS Development CC CG CM CN CV CV -LV OG Additional Requirements Feature Floor Area Ratio or Maximum Limit 0.75 0.75 0.50 0.30 1.50 103,470 sf (8) 1.30 (2) (3) (4) Notes: (8) 103,470 gross square feet not including a fire station. A fire station may not occupy more than 10% of the total project site. Section 2: The Local Coastal Program Implementation Plan, Coastal Zoning Map established by NBMC Section 21.14.010 is hereby amended to add the following note to the CV -LV coastal zoning district as follows and shown on Exhibit A: "CV -LV: 103,470 gross square feet not including a fire station. A fire station may not occupy more than 10% of the total project site." Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. . Section 4: The LCP Amendment established by this ordinance is intended to be carried out in a manner fully in conformity with the Coastal Act and the City's certified LCP. Section 5: The LCP Amendment established by this ordinance shall take effect automatically upon a determination by the California Coastal Commission or the Executive Director that this ordinance is legally adequate to accept and adopt the suggested modifications as certified by the Coastal Commission on March 8, 2017. Section 6: 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. 17-6 Ordinance No. 2017 - Page 3 of Section 7: The requirement for environmental review under the California Environmental Quality Act (CEQA) is satisfied by the City Council's previous certification of the Lido House Hotel final EIR (SCH#2013111022) (Resolution No. 2014-80) and adoption of Addendum 1 (Resolution No. 2016-88) for the 4,745 square foot increase in floor area for the hotel. The findings made by these two Resolutions are incorporated here by reference. Section 8: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the LCP and NBMC shall remain unchanged and shall be in full force and effect. Section 9: 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. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the day of , 20_, and adopted on the day of , 20_, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Kevin Muldoon, MAYOR 17-7 Ordinance No. 2017 - Page 4 of ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATT OFFICE AARON C. P, CITY ATTORNEY Attachment: Updated Coastal Zoning Map 17-8 N J yy UPPER s �� -s, NEWPORT s f9 y k_ BAY I�Q 103,470 Detail D --- } R a Coastal Zoning Map' City of Newport Beach l l: w,w:°°..eu�„ snaa+a P.M—Loa.-Zomn9D-Iona Overlay Loaefal Zoning Dl -Mn r P.ewrwu.. P ,� e ewnowe man � ei mvamv - - a ^, s12 1 9 DI -V cla wx xwe or.nar Pam ♦wo n-ai ea�e°aemnel emnau.°a �°memun< em I • </ .� -wsmo ..w.ua..e. Ea..vi.w nmiveo Lo rclal LeaWl Zening DlaMcb m,xc esa Loe-fal2onln9 Diatrlcb A 17- Attachment B Draft Resolution 17-10 RESOLUTION NO. 2017-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, FORWARDING ORDINANCE NO. 2017- TO CALIFORNIA COASTAL COMMISSION FOR A DETERMINATION OF ADEQUACY TO IMPLEMENT LOCAL COASTAL PROGRAM AMENDMENT LCP-5-NPB-17-0010-1 AS MODIFIED BY THE COASTAL COMMISSION (PA2016-061) WHEREAS, on November 22, 2016, the City Council adopted Ordinance No. 2016-20 amending the City's Local Coastal Program (LCP) Implementation Plan (Newport Beach Municipal Code (NBMC) Title 21] to increase the maximum allowed development of the CV -LV coastal zoning district by 4,745 square feet consistent with a previously approved Coastal Land Use Plan Amendment (LC2016-001); WHEREAS, on January 24, 2017, the City Council conducted a noticed public hearing and adopted Resolution No. 2017-008 authorizing the submission of Local Coastal Program Amendment No. LC2016-001 to the California Coastal Commission for consideration; WHEREAS, on March 8, 2017, at their regular meeting in Ventura California, the California Coastal Commission certified LC2016-001 (LCP-5-NPB-16-0039-1 and LCP- 5-NPB-17-0010-1), with suggested modifications to the draft LCP Implementation Plan amendment (LCP-5-NPB-17-0010-1) as consistent with the Coastal Act; and WHEREAS, on April 11, 2017, the City Council conducted a noticed public hearing and adopted Ordinance No. 2017- 9 accepting and adopting the Coastal Commission's suggested modifications to LCP-5-NPB-17-0010-1. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council of the City of Newport Beach, California, hereby acknowledges receipt of the California Coastal Commission's resolution of certification, including the suggested modifications required for final certification of LCP-5-NPB-17- 0010-1 and accepts and agrees to the suggested modifications. Section 2: The City Council hereby authorizes City staff to submit this ordinance for determination by the Executive Director of the California Coastal Commission that this action and the adoption of Ordinance No. 2017- 9 is legally adequate to for final certification of LCP-5-NPB-17-0010-1 as set forth in the California Coastal Commission's action on March 8, 2017. 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 17-11 Resolution No. 2017 - Page 2 of 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: The requirement for environmental review under the California Environmental Quality Act (CEQA) is satisfied by the City Council's previous certification of the Lido House Hotel final EIR (SCH#2018111022) (Resolution No. 2014-80) and adoption of Addendum 1 (Resolution No. 2018-88) for the 4,745 square foot increase in floor area for the hotel. The findings made by these two Resolutions are incorporated here by reference. 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 day of , 20_. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATT Y'S OFFICE Aaron arp City Attorney 17-12 Attachment C Letter from California Coastal Commission dated March 17, 2017 17-13 ��o�tv�o err. STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY COMMUNITY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION MAS 11 South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, A 90802-4302 (562) 5590-5071 ' p�VELOPM6h1T �7�� LST r 1 March 15, 2017 OP Ns;WPoP` Kimberly Brandt AICP, Community Development Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Re: City of Newport Beach Local Coastal Program (LCP) Amendment Nos. 1-16 and 1-17 (LCP-5-NPB-16-0039-1 & LCP-5-NPB-17-0010-1), Lido House Hotel Project Dear Ms. Brandt, You are hereby notified that the California Coastal Commission, at its March 8, 2017 meeting in Ventura, approved City of Newport Beach LCP Amendment Nos. 1-16. and 1-17. LCPA No. 1- 16 was approved as submitted, and LCPA No. 1-17 was approved with suggested modifications. LCPA No. 1-16, the amendment to the Coastal Land Use Plan (CLUP), amends Table 2.1.1-1 (Land Use Plan Categories).to increase the density/intensity cap for the CV -LV land use designation from 98,725 gross square feet to 103,470 gross square feet (not including a fire station) in order to allow an increase in the square footage of a hotel project located at 3300 Newport Boulevard and 475 32nd Street. LCPA No. 1-17, the amendment to the LCP Implementation Plan (IP), changes the development standards for Commercial Coastal Zoning Districts set forth in Table 21.20-2 to increase the Floor Area Maximum limit for the CV -LV zone from 98,725 to 103,470 gross square feet. The Commission's suggested modifications add a note to clarify that the 103,470 gross square foot limit does not apply to a fire station in the zone, and that a fire station may not occupy more than 10% of the total project site. Also, the Coastal Zoning Map must be updated to reflect the approved change. The Commission's suggested modifications are attached as Attachment A. Therefore, pursuant to the Commission's action on March 8, 2017, certification of the City of Newport Beach LCPA No. 1-17 is subject to the City's acceptance of the attached suggested modifications (Attachment A). LCPA No. 1-17 will not be effective for implementation in the City's coastal zone until: 1) the Newport Beach City Council adopts the Commission's suggested modifications, 2) the City Council forwards the adopted suggested modifications to the Commission by resolution, 3) the Executive Director certifies that the City has complied with the Commission's March 8, 2017 action, and, 4) the Commission concurs with the Executive Director's determination that the action by the City Council adopting the suggested modifications is legally adequate, Please note that the Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's March 8, 2017 action. Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Amber Dobson or myself if you have any questions regarding the modifications required for effective certification of City of Newport Beach LCPA No.1-17. Sincerely Charles R. Posner Supervisor of Planning cc. James Campbell, Principal Planner 97-94 ATTACHMENT A Certification of LCPA No. 1-17 is subject to the following modifications. Text added by the suggested modification is identified by bold and underlined text. Only those specific sections of the LCP Implementing Ordinances for which modifications are being suggested are shown below. Table 21.20-2 — Development Standards for Commercial Coastal Zoning Districts TABLE.21.20.2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS Development Adtlitionai Feature CC CG CM CN CV CV -LV OG Requirements. Floor Area Ratio or Maximum Limit (2)(3)(4) 0.75 0.75 0.5 0.3 1.50 103,470 sf u 1.30 Notes; (1) All development and the subdivision of land shall comply with the requirements of Section 21,30.025 (Coastal Zone Subdivisions). (2) In the CG Coastal Zoning District, when 0.3/0.5 is shown on the Coastal Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects. (3) .Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) The specific floor area limitations for each coastal zoning district are identified on the Coastal Zoning Map. (5) Setbacks to 32nd Street do not apply to Fire Station No. 2. (6) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. (7) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. (8) 103,470 gross square feet not including a fire station. A fire station may not occupy more than 10% of the total project site. Coastal Zoning Map — Add a note on the Coastal Zoning Map for CV -LV: 103,470 gross square feet not including a fire station. A fire station may not occupy more than 10% of the total project site. Page 1 of 1 17-15