HomeMy WebLinkAbout2004-41 - PA2003-93 - LCP Land Use PlanRESOLUTION NO. 2004- 41
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH APPROVING LOCAL
COASTAL PROGRAM AMENDMENT NO. 2004 -001
(PA2003 -093) FOR A COMPREHENSIVE UPDATE
OF THE LOCAL COASTAL PROGRAM LAND USE
PLAN
WHEREAS, the California Coastal Act of 1976 established policies
relating to shoreline public access and recreation, lower cost visitor
accommodations, terrestrial and marine habitat protection, visual resources,
landform alteration, agricultural lands, commercial fisheries, industrial uses,
water quality, offshore oil and gas development, transportation, development
design, power plants, ports, and public works; and
WHEREAS, in order to achieve maximum responsiveness to local
conditions, accountability, and public accessibility, the Coastal Act relies heavily on
local government and local land use planning procedures and enforcement through
the preparation of local coastal programs; and
WHEREAS, the Land Use Plan portion of City of Newport Beach Local
Coastal Program was adopted in 1981 and certified by the Coastal Commission
in 1982. However, the Implementation Plan of the Local Coastal Program was
never completed; and
WHEREAS, Senate Bill 516 amended the Coastal Act to require the City
of Newport Beach to submit a local coastal program for all of the geographic area
within the coastal zone and the city's corporate boundaries as of June 30, 2000
to the Coastal Commission for approval and certification; and
WHEREAS, a comprehensive update of the Land Use Plan is necessary
before the Implementation Plan can be completed and the Local Coastal Program
certified; and
WHEREAS, the Local Coastal Program Certification Committee reviewed
drafts of the updated Local Coastal Program Land Use Plan (Coastal Land Use
Plan) in seventeen public meetings; and
WHEREAS, public hearings on the Coastal Land Use Plan were held by the
Planning Commission on March 4, 2004, March 18, 2004, and April 22, 2004, in the
City Hall Council Chamber, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meetings were given in
accordance with the Municipal Code. Evidence, both written and oral, was
presented to and considered by the Planning Commission at these meetings; and
WHEREAS, a public hearing on the Coastal Land Use Plan was held by the
City Council on May 25, 2004, in the City Hall Council Chamber, 3300 Newport
Boulevard, Newport Beach, California. A notice of time, place and purpose of the
aforesaid meeting was given in accordance with the Municipal Code. Evidence,
both written and oral, was presented to and considered by the City Council at this
meeting; and
WHEREAS, the City Council finds as follows:
1. The Coastal Land Use Plan indicates the kinds, location, and
intensity of land uses and applicable resource protection and
development policies.
2. The Coastal Land Use Plan is intended to be carried out in a
manner fully in conformity with the California Coastal Act.
3. The Coastal Land Use Plan meets the requirements of, and is in
conformity with, the policies of Chapter 3 (commencing with Section
30200) of the California Coastal Act.
4. Pursuant to the authority and criteria contained in the California
Environmental Quality Act (CEQA), the proposal is statutorily
exempt from CEQA pursuant to Section 15265(a) (1) of the
California Code of Regulations, Title 14, and Chapter 3.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned
findings, the City Council hereby approves the Coastal Land Use Plan by approving
Local Coastal Plan Amendment No. 2004 -001 (PA- 2003 -093) with the revisions
contained in attached Exhibit 1.
BE IT FURTHER RESOLVED, the City Council of the City of Newport
Beach hereby authorizes submittal of the Coastal Land Use Plan to the Coastal
Commission for formal review and approval; and
BE IT FURTHER RESOLVED, formal adoption of the Coastal Land Use
Plan by the City of Newport Beach shall require a separate action by the City
Council following Coastal Commission approval.
This resolution was adopted at a regular meeting of the City Council of the City of
Newport Beach held on May 25, 2004, by the following vote, to wit:
AYES, COUNCIL MEMBERS Rosansky, Bromberg, Webb,
Mayor Ridgeway
NOES, COUNCIL MEMBERS Heffernan, Nichols
ABSENT COUNCIL MEMBERS Adams
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ATTEST: o �e
ap� 4.
DIGIO.1 CITY CLERK
LOCAL COASTAL PROGRAM
COASTAL LAND USE PLAN
MAY 25, 2004
CITY COUNCIL MEETING
Section 3.1.1:
Revise Policy 3.1.1 -11 to read as follows:
3.1.1 -11. Require an Offer to Dedicate (OTD) an easement for lateral public
access for all new shorefront development causing or contributing
to adverse public access impacts.
Exhibit 1
1
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, Deputy 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. 2004 -41 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
25th day of May, 2004, and that the same was so passed and adopted by the following vote, to wit:
Aves: Rosanskv, Bromberg, Webb, Mavor Ridgewav
Noes: Heffernan, Nichols
Absent: Adams
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of May, 2004.
(Seal)
00�'
Deputy City Clerk
Newport Beach, California