HomeMy WebLinkAbout2007-71 - Coastal Land Use Plan Amendment 2007-003 - PA2007-196RESOLUTION NO. 2007- 71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING COASTAL LAND USE PLAN
AMENDMENT NO. 2007 -003 REGARDING COASTAL BLUFF
DEVELOPMENT IN CORONA DEL MAR (PA 2007 -196)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVED
AND ORDERS AS FOLLOWS:
WHEREAS, pursuant to the California Coastal Act, the City prepared a Coastal Land
Use Plan (CLUP) for property lying within the Coastal Zone of the City of Newport Beach. In
October of 2005, the California Coastal Commission certified the CLUP and the City Council
subsequently adopted it in December of 2005; and
WHEREAS, the CLUP contains policies for the preservation of significant coastal
resources, including coastal bluffs, and the application of these policies to proposed
development applications highlighted unintended results that can only be eliminated through an
amendment of the policies; and
WHEREAS, on October 1, 2007, a notice of the availability of a draft amendment of the
City Coastal Land Use Plan was provided in accordance with Section 13515(c) of the California
Code of Regulations. This notice was mailed to approximately 135 affected property owners,
interested parties and public agencies in order to provide public participation and comments;
and
WHEREAS, a public hearing was held on October 18, 2007, in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
meeting; and
WHEREAS, the attached amendment provides more clear policy direction and
eliminates the possibility that the predominant line of existing development might be
considered the only factor in the siting of new development on a coastal bluff; and
WHEREAS, the attached amendment is necessary to ensure that the scenic and
visual qualities of coastal areas shall be considered and protected as a resource of public
importance and that development shall be designed and sited to protect views to and along
the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be
visually compatible with the character of surrounding areas, and, where feasible, to restore
and enhance visual quality in visually degraded areas consistent with Section 30251 of the
Public Resources Code.
WHEREAS, this Amendment of the Local Coastal Program Coastal Land Use Plan is
intended to be carried out in a manner fully in conformity with the California Coastal Act.
Additionally, the Amendment meets the requirements of, and is in conformity with, the
policies of Chapter 3 (commencing with Section 30200) of the California Coastal Act.
NOW, THEREFORE, BE IT RESOLVED, based on the aforementioned findings, the
City Council hereby approves the Local Coastal Plan Amendment No. 2007 -003 (PA 2007 -196)
to update the Local Coastal Program Coastal Land Use Plan as provided in Exhibit A.
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, Local Coastal Plan Amendment No. 2007 -003 will not
become effective until after California Coastal Commission approved it and subsequent action to
adopt the amendment by the City Council.
This resolution was adopted at a regular meeting of the City Council of the City of Newport
Beach held on November 13, 2007, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Curry,
Selich, Webb, Daigle, Gardner, Mayor Rosansky
NOES, COUNCILMEMBERS None.
ABSENT COUNCILMEMBERS None
CITY CLERK
Exhibit A
The following policies of the Coastal Land Use Plan should be amended as follows:
4.4.3 -8. Prohibit development on bluff faces, except private development on coastal bluff faces
along Ocean Boulevard, Camation Avenue and Pacific Drive in Corona del Mar
determined to be consistent with the predominant line of existing development.
Establish predominant lines of existing development for both principal structures and
accessory improvements.
4.4.3 -9. Permit public improvements providing public access, protecting coastal resources, or
providing for public safety on coastal bluff faces only when no feasible altemative
exists and when designed and constructed to minimize alteration of the bluff face, to
not contribute to further erosion of the bluff face, and to be visually compatible with the
surrounding area to the maximum extent feasible.
The following policy should be added to the Coastal Land Use Plan:
4.4.3 -19. In all cases where the predominant line of existing development is used to establish a
development limit, it shall not be the only criteria used for this purpose. All coastal land
use policies shall be considered in determining the appropriate extent of new
development and size of new structures.
The following change to the Glossary definition of the Coastal Land Use Plan should be
made:
Predominant Line of Existing Development: The most common or representative distance from a
specified group of structures to a specified point or line (e.g. topographic line or geographic
feature). For example, the predominant line of existing development for a block of homes on a
coastal bluff (a specified group of structures) could be determined by calculating the median
distance (a representative distance) these structures are from the bluff edge (a specified line).
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2007 -71 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
13th day of November 2007, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of November 2007.
(Seal)
" ^e f
City Clerk
Newport Beach, California