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HomeMy WebLinkAbout2019-16 - Amending Policy 4.4.2-1 of City of Newport Beach Local Coastal Program Coastal Land Use Plan to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the California Coastal Commission (PA2017-047)RESOLUTION NO. 2019-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING POLICY 4.4.2-1 OF CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN TO APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO. LC2017-002, AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION (PA2017-047) WHEREAS, Section 30500 of the Public Resources Code requires each county and city to prepare a local coastal program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, the California Coastal Commission ("Coastal Commission") effectively certified the City of Newport Beach ("City") LCP on January 13, 2017, and the City assumed coastal development permit -issuing authority on January 30, 2017; WHEREAS, LCP Amendment No. LC2017-002 is necessary to correct and clarify LCP Implementation Plan regulations relating to shoreline protective devices, height limits and modifications and variances; WHEREAS, a public hearing was held by the Planning Commission of the City of Newport Beach on May 4, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et. seq. ("Ralph M. Brown Act"), Chapter 20.62 of the Newport Beach Municipal Code ("NBMC"), and Title 14 of the California Code of Regulations ("CCR") Section 13515. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. At the conclusion of the public hearing, the Planning Commission voted (5 ayes, 1 nay, 1 absent) to adopt Planning Commission Resolution No. 2055, recommending City Council approval of LCP Amendment No. LC2017-002; WHEREAS, public hearings were held by the City Council of the City of Newport Beach ("City Council") on July 11, 2017, and September 12, 2017, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act, NBMC and 14 CCR Section 13515. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing; WHEREAS, pursuant to 14 CCR Section 13515, review drafts of LCP Amendment No. LC2017-002 were made available and a notice of the availability was distributed a minimum of six weeks prior to the City Council public hearing; Resolution No. 2019-16 Page 2 of 6 WHEREAS, on September 12, 2017, the City Council adopted Resolution No. 2017-56 authorizing the submittal of LCP Amendment No. LC2017-002 to the Coastal Commission; WHEREAS, Resolution No. 2017-56 specified that LCP Amendment No. LC2017-002 shall not become effective until approval by the Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council; WHEREAS, at the July 11, 2018 Coastal Commission hearing in Scotts Valley, California, the Coastal Commission approved the first part of the LCP Amendment No. LC2017-002 with modifications; WHEREAS, on November 13, 2018, the City Council adopted Ordinance No. 2018-16 approving the first part of LCP Amendment No. LC2017-002 with the Coastal Commission modifications; WHEREAS, at the December 12, 2018 Coastal Commission hearing in Newport Beach, California, the Coastal Commission approved, with modifications, LCP Amendment Request No. 4-17 Part C (LCP-5-NPB-17-0084-1), which contained the remaining portions of LCP Amendment No. LC2017-002; and WHEREAS, a public hearing was held on February 12, 2019, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Ralph M. Brown Act, NBMC and California Public Resources Code Section 30503. Evidence, both written and oral, was presented to, and considered by, the City Council at this hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council of the City of Newport Beach, California, hereby amends Policy 4.4.2-1 of the LCP Coastal Land Use Plan to adopt LCP Amendment No. LC2017-002 with Coastal Commission's suggested modifications, which shall read as follows: 4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3, with the exceptions described below. As with all permitted development, exceptions to the Shoreline Height Limitation Zone shall only be allowed when it is designed and sited to protect existing views to and along the ocean and scenic coastal areas, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. A. The peaks of sloped roofs shall be permitted to exceed the height limit by five feet. Resolution No. 2019-16 Page 3 of 6 B. Structures used as places of worship may be allowed to exceed the height limit up to a maximum of 70 feet. C. Governmental facilities may be allowed to exceed the height limit where the increase in height is necessary to accommodate design features required for the facility to function, such as lifeguard towers, tsunami warning sirens, and architectural design features that accommodate emergency vehicles or essential equipment. D. Boat cranes used in conjunction with an approved marine -oriented nonresidential use may be allowed to exceed the height limit up to a maximum operating height of 70 feet. E. Chimneys and vents, dormers, elevator shafts, enclosed stairwells, mechanical equipment, skylights and roof windows and other similar fixtures and exterior structures may be permitted to exceed the height limit when required by building or safety codes and/or when regulated by the certified Local Coastal Program Implementation Plan to insure appropriate proportionality with the main structure. F. Flagpoles mounted on tops of buildings located in nonresidential coastal zoning districts may be allowed to exceed the height limit by up to 20 feet. G. Light Standards may be permitted to exceed the height limit to the minimum height required to effectively illuminate the subject area. H. An alternation or addition to a landmark building may be allowed to exceed the height limit by up to 20 feet. Solar equipment and panels used for the production of solar energy are not subject to the height limit pursuant to State law. J. Telecom facilities may be permitted to exceed the height limit up to a maximum of 15 feet. Resolution No. 2019-16 Page 4 of 6 K. Site -Specific Exceptions: 1. Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum 73 -foot -tall faux lighthouse architectural tower, that creates an iconic landmark for the public to identify the site from land and water as a boating safety feature, may be allowed. No further exceptions to the height limit shall be allowed, including but not limited to, exceptions for architectural features, solar equipment or flag poles. Any architectural tower that exceeds the 35 -foot height limit shall not include floor area above the 35 -foot height limit, but shall house screened communications or emergency equipment, and shall be sited and designed to reduce adverse visual impacts and be compatible with the 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. (Resolution 2013-44). 2. Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street: • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-of-way. Resolution No. 2019-16 Page 5 of 6 • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment. • The purpose of allowing limited exceptions to the 35 -foot height limit on this site is to promote vertical clustering resulting in increased publically accessible on-site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. (Resolution 2016-29). Section 2: The LCP, including LCP Amendment No. LC2017-002, will be carried out fully in conformity with the California Coastal Act. Section 3: The City Council hereby authorizes City staff to submit this resolution for determination by the Executive Director of the Coastal Commission that this action is legally adequate to satisfy the specific requirements of Coastal Commission's December 12, 2018 action on LCP Amendment Request No. 4-17 Part C (LCP-5-NPB-17-0084-1). Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: 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, 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 6: Pursuant to the authority and criteria contained in the California Environmental Quality Act ("CEQA"), LCP Amendment No. LC2017-002 is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of Title 14 of the California Code of Regulations, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program. Resolution No. 2019-16 Page 6 of 6 Section 7: This resolution shall not become effective for thirty (30) days and until, the Executive Director of the Coastal Commission certifies that this resolution complies with the Coastal Commission's December 12, 2018 action on LCP Amendment Request No. 4-17 Part C (LCP-5-NPB-17-0084-1). ADOPTED this 12th day of February, 2019 ATTEST: hwm— Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE �(X-Aaron Harp City At orney Diane B. Dixon Mayor 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; the foregoing resolution, being Resolution No. 2019-16 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of February, 2019; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Jeff Herdman, Council Member Kevin Muldoon, Mayor Pro Tem Will O'Neill, Mayor Diane Dixon NAYS: None ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 131h day of February, 2019. Leilani r Brown City Clerk Newport Beach, California