HomeMy WebLinkAbout2013-44 - Approving Coastal Land Use Plan Amendment as Modified by California Coastal Commission re Marina ParkRESOLUTION NO. 2013 -44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING COASTAL LAND USE PLAN
AMENDMENT NO. LC2012 -002 TO POLICY 4.4.2 -1, AS
MODIFIED BY THE CALIFORNIA COASTAL COMMISSION IN
RESPECT TO MARINA PARK (PA2012 -078)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1, On September 11, 2012, the City Council adopted Resolution No. 2012 -80 approving
Coastal Land Use Plan Amendment No. LC2012 -002 to modify Policy 4,4.2 -1 to allow
a faux lighthouse tower architectural feature on the proposed Marina Park located at
1800 West Balboa Boulevard.
2. On March 6, 201.3, the California Coastal Commission approved the proposed
amendment with modifications.
3. Resolution No, 2012 -80 provided that should the California Coastal Commission
approve a modified amendment, a separate action would be required by the City
Council, pursuant to Section 13518(b) of Title 14, Division 5.5 of the California Code of
Regulations.
4. The City Council held a public hearing on May 28, 2013, in the City Hall Council
Chambers, 100 Civic Center Drive, Newport Beach, California, Notices of time, place
and purpose of these meetings were given in accordance with the Newport Beach
Municipal Code and Public Resources Code Section 30510(a). Evidence, both written
and oral, was presented to, and considered by, the City Council at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Marina Park Project Environmental Impact Report (EIR) (SCH # 2008051096)
was certified to the City Council in compliance with the California Environmental
Quality Act (CEQA), the State CEQA guidelines, and City Council Policy K-3 on May
11, 2010.
2. A 73 -foot -high tower element was analyzed in the EIR which concluded that the
potential impact of the project on public views and access would be less than
significant. Therefore, the EIR concluded that the project, including the tower element,
was consistent with the goals and policies of the Coastal Land Use Plan and the
California Coastal Act.
SECTION 3. FINDINGS.
Amendments to the Coastal Land Use Plan are a legislative act. Neither the City nor
State Planning Law set forth any required findings for either approval or denial of such
amendments.
2. The amendment, as modified by the California Coastal Commission, of the City's
Coastal Land Use Plan will allow for a tower feature to be incorporated into the
previously approved Marina Park Project. The tower, which will depict a lighthouse, is
considered a critical feature of the project in that it provides an iconic element of a
public facility and will assist in wayfinding for the public from land and water.
3. The analysis of the proposed project and architectural tower element demonstrate no
impacts to designated public view sheds or public access. The project analysis
demonstrated the project, including the 73- foot -high tower element, would be in
compliance with the California Coastal Act. In that the subject amendment would only
allow a tower element on the subject site, the amendment is also consistent with the
California Coastal Act.
4. The City's certified Coastal Land Use Plan, including this amendment, shall be
implemented in a manner fully in conformity with the California Coastal Act.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby approves Coastal Land Use Plan
Amendment No. LC2012 -002, as modified by the California Coastal Commission, to
amend Policy No. 4.4.2 -1 to read as follows (changes are underlined):
4.4.2 -1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone,
as graphically depicted on Map 4 -3, except for the following site:
height limit shall not include floor area above the 35 -foot height limit, but shall
character of the area by among other things, incorporating a tapered design
with a maximum diameter of 34 -feet at the base of the tower. Public viewing
opportunities shall be provided above the 35 -feet, as feasible.
2. The City Council authorizes the Community Development Director to submit this resolution
approving Coastal Land Use Plan Amendment No. LC2012 -002, incorporating the
California Coastal Commission modifications, to the Executive Director of the California
Coastal Commission for certification.
3. This amendment shall not become effective until the Executive Director of the California
Coastal Commission certifies that the City has complied with the March 6, 2013, California
Coastal Commission action, pursuant to Section 13544 of Title 14, Division 5.5 of the
California Code of Regulations.
4. The Coastal Land Use Plan will be carried out fully in conformity with the California Coastal
Act.
ADOPTED this 28h day of May, 2013.
ATTEST,
4eA�' , 6W
Leilani I. Brown, City Clerk
Keith D. Curry, Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, Leilani E. 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; that the foregoing resolution, being Resolution
No. 2013 -44 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council; duly and regularly held on the 28`" day of May, 2013, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Henn, Daigle, Mayor Curry
Absent: Hill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 2g"' day of May, 2013.
City Clerk
Newport Beach, California
(Seal)