HomeMy WebLinkAbout2016-44 - Accepting the Suggested Modifications from the California Coastal Commission (LCP-5-NPB-14-0820-2) and City Council Approval of Revised Coastal Land Use Plan Amendment No. LC2011-007 for the Planned Community Known as Back Bay Landing (PA2011-21RESOLUTION NO. 2016-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, ACCEPTING THE SUGGESTED MODIFICATIONS
FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5-NPB-14-0820-2)
AND CITY COUNCIL APPROVAL OF REVISED COASTAL LAND USE PLAN
AMENDMENT NO. LC2011-007 FOR THE PLANNED COMMUNITY KNOWN
AS BACK BAY LANDING (PA2011-216)
WHEREAS, on December 16, 2011, an application was filed by Bayside Village Marina,
LLC ("Applicant') with respect to an approximately 31 -acre parcel generally located north of
East Coast Highway and northwest of Bayside Drive, legally described as Parcel 1 of PM 93-
111, ("Property") requesting approval of various legislative and related approvals to allow for
the future development of a mixed-use bayfront village comprising up to 94,035 square feet of
marine -related and visitor -serving commercial uses and up to 49 residential units ("Project').
The following approvals were requested or required to implement the Project as proposed:
a. General Plan Amendment (GPA) - To allow the development of residential units by
changing the land use designation of portions of the site from Recreational and Marine
Commercial (CM 0.5) to Mixed -Use Horizontal (MU -1-11). The amendment would also
change the designation of the 0.304 -acre lot line adjustment area currently designated as
Multiple Unit Residential (RM) to MU -H1. In addition to the land use changes, the
amendment creates two new anomalies to reallocate 49 un -built residential dwelling units
from the adjacent mobile home park (Anomaly No. 81) to the project site (Anomaly No.
80).
b. Coastal Land Use Plan Amendment (CLUPA) - To allow the development of residential
units by changing the land use designation of portions of the site from Recreational and
Marine Commercial (CM -13) to Mixed -Use Horizontal (MU -H). The amendment also
changes the designation of the 0.3 -acre lot line adjustment area currently designated as
Multiple Unit Residential (RM -C) to MU -H. In addition to the land use changes, the
amendment establishes a site-specific development policy and a height exception to the
35 -foot Shoreline Height Limit allowing for a single, 65 -foot -tall coastal public view tower.
C. Code Amendment - To amend the Zoning Map of the Zoning Code to expand the current
Planned Community District boundaries (PC -9) of the site to include: 1) the 0.304 -acre lot
line adjustment area zoned as Bayside Village Mobile Home Park Planned Community
(PC-1/MHP); and, 2) the existing 0.642 -acre portion of the project site zoned as
Recreational and Marine Commercial (CM).
d. Planned Community Development Plan (PCDP) - Adoption of a Development Plan to
allow for the classification of land within the existing Planned Community boundaries and
establishment of development standards, design guidelines, and implementation of the
future project and long-term operation of all planning areas of the site.
e. Lot Line Adjustment (LLA) - To adjust the property boundaries between Parcel 3
(subject property) and Parcel 2 (adjacent Bayside Village Mobile Home Park) of Parcel
Map No. PM 93-111 to improve ingress and egress to the project site with a new
driveway.
Resolution No. 2016-44
Page 2 of 7
f. Traffic Stud v - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of
the Municipal Code;
WHEREAS, the Property General Plan designations of Recreational and Marine
Commercial (CM 0.5 and 0.3), Open Space (OS) and Tidelands and Submerged Lands (TS),
with a total maximum development of 139,680 square feet allowed in the 2006 General Plan;
WHEREAS, the Property is currently located within the Coastal Zone and has Coastal
Land Use Plan designations of Recreational and Marine Commercial (CM -A and CM -B),
Open Space (OS) and Tidelands and Submerged Lands (TS) in the City's Certified Coastal
Land Use Plan;
WHEREAS, the Property is currently located within the Planned Community zoning
district (PC -9) and within the Recreational and Marine (CM 0.3) zoning district for the portion
of Parcel 3 of Parcel Map 93-111 south of East Coast Highway;
WHEREAS, on November 7, 2013, the Planning Commission held a study session for
the Project in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport
Beach, on the Draft Environmental Impact Report (DEIR) and Project;
WHEREAS, the Planning Commission held a public hearing on December 19, 2013, in
the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California.
A notice of the time, place and purpose of the public hearing was provided in accordance with
the California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
(NBMC). The environmental documents for the Project comprising the DEIR, Final
Environmental Impact Report (FEIR) which consists of Responses to Comments, Corrections
and Additions to DEIR (collectively, the EIR), and Mitigation Monitoring and Reporting
Program (MMRP), the draft Findings and Facts in Support of Findings (Findings), staff report,
and evidence, both written and oral, were presented to and considered by the Planning
Commission at this hearing;
WHEREAS, on December 19, 2013, the Planning Commission adopted Resolution
No. 1928 by a unanimous vote of 7-0, recommending certification of the Back Bay Landing
FEIR (SCH No. 20121010034) and approval of the Project to the City Council;
WHEREAS, the City Council held a public hearing on February 11, 2014, in the City Hall
Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NBMC. The environmental documents for the Project comprising the DEIR, FEIR
which consists of Responses to Comments, Corrections and Additions to DEIR (collectively,
the EIR), and MMRP, the Findings, staff report, and evidence, both written and oral, were
presented to and considered by the City Council at this hearing;
WHEREAS, on February 11, 2014, the City Council adopted Resolution No. 2014-10
certifying the FEIR No. ER2012-003 (SCH No. 2012101003) to be in compliance with the
CEQA, the State CEQA Guidelines, and City Council Policy K-3 (Certified EIR);
Resolution No. 2016-44
Page 3 of 7
WHEREAS, on February 11, 2014, the City Council adopted: Resolution No. 2014-11
approving General Plan Amendment No. GP2011-011; Resolution No. 2014-12 approving
Coastal Land Use Plan Amendment No. LC2011-007; Resolution No. 2014-13 approving
Traffic Study No. TS2011-003; and Resolution No. 2014-14 approving Lot Line Adjustment
No. 2011-003. These resolutions were adopted but not effective until the approval of LC2011-
011 by the California Coastal Commission becomes final;
WHEREAS, on February 25, 2014, the City Council adopted Ordinance No. 2014-3
approving Code Amendment No. CA2013-009 and Ordinance No. 2014-4 approving Planned
Community Development Plan No. PC2011-001. These ordinances were adopted but not
effective until the approval of LC2011-011 by the California Coastal Commission becomes
final;
WHEREAS, on July 11, 2014, the Califomia Coastal Commission received the City's
submittal of Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0820-2);
WHEREAS, on December 10, 2015, the California Coastal Commission certified the
City's application request (LCP-S- NPB-14-0820-2) with the suggested modifications to the
proposed CLUP amendment, including:
a. Modified the proposed CLUP land use category from Mixed -Use Horizontal (MU -H) to
Mixed Use Water -Related (MU -W). The primary difference between the two
designations is that the MU -H designation allowed free-standing residential while the
MU -W designation allows for the vertical mixed-use structures, where residential uses
are located above the ground floor. Freestanding residential units are prohibited.
b. Eliminated a proposed height exception to the 35 -foot Shoreline Height Limitation
Zone under CLUP Policy 4.4.2-1 for a single, up to 65 -foot tall coastal public view
tower.
C. Included new site specific CLUP Policies 2.1.9-2 and 2.1.9-3 requiring that the
proposed public bayfront pedestrian promenade be continuous along the waterfront
and connect the sidewalks along East Coast Highway at one end, to and along the
shoreline of Back Bay Landing and the waterfront accessway adjacent to the
mobilehome development on Parcel of Parcel Map 93-111 to the waterfront
pedestrian access at the Newport Dunes recreation area at the other (eastern) end).
d. Included a new site specific CLUP Policy 2.1.9-4 requiring that a hazards assessment
of the potential for erosion, flooding, and/or damage from natural forces be prepared
and submitted as part of the future site development review/coastal development
permit application phase of the project.
e. Included a new site specific CLUP Policy 2.1.9-5 requiring the preparation and
implementation of a shoreline management plan for the development and shoreline
areas of the site subject to tidal action, flooding, wave hazards and erosion
f. Required CLUP Coastal Access and Recreation Map 3-1 be revised to illustrate the
proposed bayfront promenade as a future waterfront public access trail and Bikeways
Resolution No. 2016-44
Page 4 of 7
and Trail Map 2 to be revised to illustrate the proposed bike lane and trail
improvements on Bayside Drive;
WHEREAS, as a result of the Coastal Commission's action, the applicant is proposing
General Plan, Coastal Land Use Plan, Code Amendment, and Planned Community
Development Plan Amendments to modify the 2014 Council -approved land use designations
and zoning regulations to make them consistent with Coastal Commission's approval on
December 10, 2015 of Coastal Land Use Plan Amendment with Suggested Modifications and
to expand the land use boundaries and amend the land use designations on the site to
include the revised 0.387 -acre lot line adjustment area;
WHEREAS, a revised Lot Line Adjustment is requested adjust the property boundaries
between Parcel 3 (subject property) and Parcel 2 (adjacent Bayside Village Mobile Home
Park) of Parcel Map No. PM 93-111 to improve ingress and egress to the project site with a
new driveway. The revision increases the lot line adjustment area from 0.304 -acres to 0.387 -
acres;
WHEREAS, on March 17, 2016, the Planning Commission held a public hearing in the
City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at
which time the Planning Commission considered the modifications of the Amendments as a
result of the Coastal Commission's action and the applicant's request to revise the LILA and the
PCDP, the Certified EIR, and Addendum. A notice of the time, place and purpose of the
aforesaid hearing was provided in accordance with the NBMC. Evidence both written and oral
was presented to and considered by the Planning Commission during this hearing;
WHEREAS, on March 17, 2016, the Planning Commission adopted Resolution No.
2015 by a unanimous vote of 5-0, recommending adoption of the Addendum to the Back Bay
Landing Certified EIR, modifications to the previously approved Project, and Lot Line
Adjustment No. LA2016-003 to the City Council;
WHEREAS, the City Council held a public hearing April 12, 2016, in the City Hall
Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of this hearing was provided in accordance with CEQA and the
NBMC. The environmental documents for the Project comprising the FEIR, the Findings and
Facts in Support of Findings (Findings), Addendum, staff report, and evidence, both written
and oral, were presented to and considered by the City Council at the scheduled hearing;
WHEREAS, the Back Bay Landing FOR (SCH No. 20121010034) was prepared for
the Project in compliance with the CEQA, the State CEQA Guidelines, and City Council
Policy K-3;
WHEREAS, the City Council, having final approval authority over the Project, adopted
and certified as complete and adequate the Back Bay Landing FEIR, and adopted "Findings
and Facts in Support of Findings for the Back Bay Landing Project Final Environmental
Impact Report" (CEQA Findings) contained within Resolution No. 2014-10 on February 11,
2014, which are hereby incorporated by reference (Certified EIR);
Resolution No. 2016-44
Page 5 of 7
WHEREAS, on the basis of the entire environmental review record, the proposed
Project will have a less than significant impact upon the environment with the incorporation of
mitigation measures;
WHEREAS, the mitigation measures identified in the FEIR are feasible and reduce
potential environmental impacts to a less than significant level. The mitigation measures
would be applied to the Project through the MMRP;
WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, if changes
occur to a project or its circumstances, or if new information becomes available after
certification of an EIR, an addendum to the certified EIR may be prepared when the City is
not required to prepare a subsequent environmental impact report to review the changes or
new information;
WHEREAS, the City has prepared an Addendum to the Certified EIR, consistent with
the requirements of CEQA, for the Back Bay Landing project to analyze the potential
differences between the impacts in the Certified EIR and those that would be associated with
the requested modifications to the Amendments resulting from the Coastal Commission's
action;
WHEREAS, the City Council, having final approval authority over the Project, adopted
and certified as complete and adequate the Addendum to the Back Bay Landing Certified EIR
based upon the facts in the record and the reasons set forth in the Addendum and Resolution
No. 2016-43 on April 12, 2016, which are hereby incorporated by reference;
WHEREAS, the City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In addition,
project opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge, and
bear the responsibility for any costs, attorneys' fees and damages which may be awarded to
a successful challenger;
WHEREAS, amendments to the Coastal Land Use Plan are legislative acts. Neither
the City nor State Planning Law set forth any required findings for either approval or denial of
such amendments;
WHEREAS, the proposed project is consistent with the goals and policies of the
Newport Beach Coastal Land Use Plan. The City Council concurs with the conclusion of the
consistency analysis of the proposed project with these goals and policies provided in the
Certified EIR;
WHEREAS, acceptance of the requested Coastal Land Use Plan Amendment with
Suggested Modifications and transmittal of the City Council Resolution adopting same is
necessary to complete the Coastal Commission's Certification of LCP-5-NPB-14-0820-2 with
suggested modifications; and
Resolution No. 2016-44
Page 6 of 7
WHEREAS, the Coastal Land Use Plan Amendment with Suggested Modifications is
consistent with other applicable policies of the Coastal Land Use Plan related to land use,
public access, and resource protection.
NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as
follows:
Section 1: The recitals provided above are true and correct and are incorporated
into the operative part of this resolution.
Section 2: The City Council of the City of Newport Beach hereby rescinds
Resolution No. 2014-12 as it is no longer consistent with the California Coastal Commission's
certification of LCP-5-NPB-14-0820-2 due to suggested modifications.
Section 3: Pursuant to CEQA Guidelines Section 15062, the changes to the Project
are not substantial, as they do not involve new significant effects or a substantial increase in
the severity of previously identified significant effects, and therefore, a subsequent EIR does
not need to be prepared.
Section 4: The City Council of the City of Newport Beach hereby approves Coastal
Land Use Plan Amendment No. LC2011-007 with Suggested Modifications, as depicted in
Exhibit A, which exhibit is attached hereto and incorporated herein by reference.
Section 5: The Community Development Director is hereby directed to revise all
applicable Coastal Land Use Plan figures to reflect the changes in the land use designations
upon the effective date of the amendments. Staff is also hereby directed to correct any
typographical or scrivener's errors in compiling the final documentation, without the need for
further review or approval by the City Council.
Section 6: The City Council of the City of Newport Beach hereby authorizes
immediate submittal of this resolution to the Executive Director, California Coastal
Commission, for certification that it complies with the Coastal Commission's December 10,
2015 approval with Suggested Modifications of LCP-5-NPB-14-0820-2.
Section 7: The City's certified Coastal Land Use Plan as amended by Coastal Land
Use Plan Amendment No. LC2011-007 shall be implemented in a manner fully in conformity
with the California Coastal Act.
Section 8: The approval of Coastal Land Use Plan Amendment No. LC2011-011
shall take effect automatically upon a determination by the California Coastal Commission that
the adoption of Coastal Land Use Plan Amendment No. LC2011-011 by this resolution is legally
adequate and conforms to the Coastal Commission's Certification of LCP-5-NPB-14-0820-2 on
December 10, 2015.
Section 9: 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
hereby declares that it would have passed this resolution, and each section, subsection,
Resolution No. 2016-44
Page 7 of 7
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 10: 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 12th day of April, 2016.
ATTEST:
Leilani I. Brown
City Clerk
lane B. Dixon
Mayor
EXHIBIT A
COASTAL LAND USE PLAN AMENDMENT NO. LC2011-007
Consists of:
1. Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to
include the following sections and policies (deletions illustrated in strikeeats/ additions
illustrated in underline) :
2.1.9 Back Bay Landing
Privately -owned site adjacent to the Upper Newport Bay. The site is the landside portion of
Parcel 3 of Parcel Map 93-111 and is currently improved with existing structures and paved
areas utilized for outdoor storage space of RVs and small boats, parking and restrooms
Highway Bridqe.
to or concurrent with any new development at Back Bay Landing.
Policy 2.1.9-1
above the _ground floor only.
The Mixed -Use Water Related — MU -W category is applicable to the project(s) site: it is
intended to provide for commercial development on or near the bav in a manner that will
encourage the continuation of coastal -dependent and coastal -related uses and visitor -serving
Accommodations (e.g. time shares, fractionals, condominium -hotels) may be permitted in lieu
of allowable residential development provided the use is above the around floor. A minimum
area (commercial plus boat storage).
The boat storage, public promenade and public plazas, shall, as priority uses be sited
adjacent to the bayfront, with the public launch area and boat storage on the
serving/coastal-related commercial use.
terminus of Bayside Drive at the Newport Dunes recreation area to accommodate both cyclists
and pedestrians. This improvement shall serve as an enhanced link between the new public
bayfront promenade and the existing City and County trail systems and the Newport Dunes
recreation area.
The site shall be developed as a unified site to prevent fragmentation and to assure each
and vehicular circulation and adequate parking provided.
Policy 2.1.9-2
Bay Landing, then continuing along a waterfront accessway that is adjacent to the mobile
Policy 2.1.9-3
As a condition of approval on any coastal development permit issued for development of the
accessways described in Policy 2.9.1-2, including over the marina accesswav adjacent to the
continuous, connected, bayfront walkway.
Policy 2.1.9-4
A site-specific hazards assessment of the potential for erosion, flooding and/or damage from
with long-term (75 year) proiections for sea level rise using the best available science: storm
waves from a 100 -year event or a storm that compares to the 1982/83 El Nino event.
Policy Z1.9-
2. 1.0 10
.1.9-
2.1.810 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use category for each property and is
intended to provide a graphic representation of policies relating to the location, type, density,
and intensity of all land uses in the coastal zone.
Policy 2.1.8-10-1
Land use and new development in the coastal zone shall be consistent with the Coastal Land
Use Plan Map and all applicable LCP policies and regulations.
2. Except for the area seaward of the mobile home park described further below,
amending Figure 2.1.7-1 of the Coastal Land Use Plan to change the designation of the
existing 6.028 -acre portion of the project site designated as Recreational and Marine
Commercial (CM -B) to Mixed -Use Water Related'(MU-W) and the 0.387 -acre lot line
adjustment area designated as Multiple Unit. Residential (RM -C) to MU -W. The land use
designation over the strip of land seaward of the mobile home development shall
remain Recreation and Marine Commercial (CM -B) as it is currently designated.
3. Amending CLUP Coastal Access and Recreation Map 3-1 to illustrate the proposed
bayfront promenade as a future waterfront public access trail and Bikeways and Trail
Map 2 to illustrate the proposed bike lane and trail improvements on Bayside Drive.
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mAaa/Lcposn��wxwm.mxa December 12005
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. 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. 2016-44 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 12`h day of April, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Selich, Council Member Curry,
Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
RECUSED: Council Member Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13`h day of April, 2016.
NVVV\�-
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)