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HomeMy WebLinkAbout2014-12 - Approving Coastal Land Use Plan Amendment No. LC2011-007 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011-216)RESOLUTION NO. 2014 -12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -007 FOR THE APPROXIMATELY 31 ACRE PLANNED COMMUNITY KNOWN AS BACK BAY LANDING LOCATED AT 300 EAST COAST HIGHWAY (PA2011 -216) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was filed by Bayside Village Marina, LLC (Applicant) with respect to an approximately 31 -acre parcel generally located on the north of East Coast Highway and northwest of Bayside Drive, legally described Parcel 1 of PM 93 -111, (the Property) requesting approval of various legislative and related approvals that would allow for the future development of a mixed -use bayfront village comprising of up to 94,035 square feet of marine - related and visitor - serving commercial uses and up to 49 residential units (the Project). The following approvals are requested or required in order to implement the Project as proposed: 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 would create 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 -B) to Mixed -Use Horizontal (MU -H). The amendment would also change 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 would also establish a site- specific development policy and a height exception to the 35 -foot Shoreline Height Limit allowing for a single, 65- foot -tali 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 currently zoned as Bayside Village Mobile Home Park Planned Community (PC- 1 /MHP); and, 2) the existing 0.642 -acre portion of the project site currently zoned as Recreational and Marine Commercial (CM). Planned Community Development Plan (PCDP)- Adoption of a Development Plan to allow for the classification of land within the existing Planned Community City Council Resolution No. 2014 -12 Page 2 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. f. Traffic Study- A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of the Municipal Code. 2. The Property currently has General Plan designations of Recreational and Marine Commercial (CM 0.5 and 0.3), Open Space (OS) and Tidelands and Submerged Lands (TS), and limited to a total maximum development of 139,680 square feet. 3. 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). The requested change of the Coastal Land Use Plan designation from CM -B and MU -H will not become effective until the amendment to the Coastal Land Use Plan is approved by the Coastal Commission, 4. The Property is currently located within the Planned Community zoning district (PC -9) and within the Recreational and Marine (CM 0.3) zoning district. 5. On November 7, 2013, the Planning Commission held a study session for the project in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the Draft Environmental Impact Report (DEIR) and Project. 6. The Planning Commission held a public hearing on December 19, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the time, place and purpose of the aforesaid meeting was provided in accordance with 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 these hearings. 7. 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. 8. The City Council held a public hearing February 11, 2014, in the City Hall Council Chambers, 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 FEIR, City Council Resolution No. 2014 -12 Page 3 the Findings and Facts in Support of Findings (Findings), staff report, and evidence, both written and oral, were presented to and considered by the City Council at the scheduled hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Back Bay Landing FEIR (SCH No. 20121010034) was prepared for the Project in compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K -3. 2, 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) containing within Resolution No. 2014 -10 on February 11, 2014, which are hereby incorporated by reference. 3. 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. 4. 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. 5. 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. SECTION 3. FINDINGS. 1. 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. 2. 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 DEIR. 3. The requested CLUP amendment is necessary to maintain consistency with General Plan Amendment No. GP2011 -011. The CLUP amendment is consistent with other applicable policies of the CLUP related to land use, public access, and resource protection. City Council Resolution No. 2014 -12 Page 4 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. LC2011 -007, attached hereto as Exhibit A and incorporated herein by reference. 2. The City Council of the City of Newport Beach hereby authorizes submittal of the Local Coastal Program CLUP Amendment to the California Coastal Commission for review and approval. 3. The City's certified Coastal Land Use Plan, including this amendment shall be implemented in a manner fully in conformity with the Coastal Act. 4. These actions shall take effect automatically upon Coastal Commission action, unless the Coastal Commission proposes suggested modifications to the proposed Coastal Land Use Plan Amendment. In the event that the Coastal Commission approves the Amendment with suggested modifications, City approval of the modified Amendment shall require a separate action by the City Council following Coastal Commission approval. In this case, the Amendment would become effective upon the effective date of the Coastal Commission certification of the modified Amendment. 5. This resolution was approved, passed and adopted at a regular meeting of the City Council of the City of Newport Beach, held - e 11th day of February, 2014. Rush N. Hill, 11 Mayor ATTEST: Leilani 06l own ` —` - - -� City Clerk City Council Resolution No. 2014 -12 Page 5 EXHIBIT A COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -007 Consists of: Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to include the following sections and policies (deletions illustrated in str Ree,ats/ additions illustrated in underline) : 2.1.9 Back Bay Landing parking and restrooms facilities for the Bayside Marina a kayak rental and launch facility, parking and access to Pearson's Port and marine service equipment storage under the Coast Highway Brid e. Policy 2.1.9 -1 use structures with residential uses above the ground floor are allowed as integrated uses as described below. nonresidential uses: new coastal view opportunities, City Council Resolution No. 2014 -12 Page 6 automobile and vehicular circulation and adequate narkinq provided. 2.1.910 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 2.1.9 -10 -1 Land use and new development in the coastal zone shad be consistent with the Coastal Land Use Plan Map and all applicable LCP policies and regulations, Policy 4.4.2 -1 Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 43, except for Marina Park and the following sites: Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum 73 -foot- tad 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. s 2. 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-13) to Mixed -Use Horizontal (MU -H) and the 0.304 -acre lot line adjustment area designated as Multiple Unit Residential (RM -C) to MU -H. GP MU-H ft ft WM LC2011-007 (PA2011-216) Coastal Land Use Plan Amendment 300 Coast Hwy E Document Name: PA2011-216LC2011-007 Reso—Exhibit 0 200 400 MMMMMMmE====== Feet 46, 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. 2014 -12 was duty 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 11th day of February, 2014, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill Nays: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12`h day of February, 2014. E City Clerk Newport Beach, California (Seal)