HomeMy WebLinkAbout2014-11 - Approving General Plan Amendment No. GP2011-011 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011-216)RESOLUTION NO. 2014 -11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING GENERAL PLAN AMENDMENT NO. GP2011 -011 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.
1. 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:
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 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 -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 currently zoned as Bayside Village Mobile
Home Park Planned Community (PC- 1IMHP); and, 2) the existing 0.642 -acre
portion of the project site currently 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
City Council Resolution No. 2014 -11
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. LLAJ- 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).
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. Council Policy A -18 requires that proposed General Plan amendments be reviewed to
determine if a vote of the electorate would be required. If a project (separately or
cumulatively with other projects over a 10 -year span) exceeds any one of the following
thresholds, a vote of the electorate would be required: if the project generates more
than 100 peak hour trips (AM or PM); adds 40,000 square feet of non - residential floor
area; or, adds more than 100 dwelling units in a statistical area. There have been no
prior amendments approved within Statistical Area K1 since the adoption of the 2006
General Plan. Although the amendment would change the land use designation from
CM to MU -H1 to allow for the development of 49 residential units, the proposed
anomalies would limit the development limits within Statistical Area K1 to what is
currently allowed under the General Plan. This is achieved through the reallocation of
49 un -built residential units from Bayside Village Mobile Home Park (Anomaly No. 81)
to the project site (Anomaly' No. 80). Therefore, the thresholds that require a vote
pursuant to Charter Section 423 are not exceeded because the proposed amendment
does not create any new dwelling units, does not exceed the non - residential floor area
threshold, and does not exceed the a.m. or p.m. peak hour vehicle trips threshold.
6. Pursuant to Section 653523 of the California Government Code, the appropriate tribe
contacts identified by the Native American Heritage Commission were provided notice
of the proposed General Plan Amendment on February 13, 2012. The California
Government Code requires 90 days to allow tribe contacts to respond to the request to
consult unless the tribe contacts mutually agree to a shorter time period. As
documented in Appendix D of the DEIR, follow -up consultation was conducted and Mr.
Andy Salas replied to the follow -up letter by e -mail and identified his concerns and
City Council Resolution No. 2014 -11
Page 3
requests regarding monitoring during ground disturbing activities. No additional
requests for consultation were received.
7. 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.
8. 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.
9. 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.
10. 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,
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.
fi. 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.
City Council Resolution No. 2014 -11
Page 4
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 General 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
General 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.
SECTION 4. DECISION.
1, The City Council of the City of Newport Beach hereby approves General Plan
Amendment No GP2011 -011, attached hereto as Exhibit A and incorporated herein by
reference.
2. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held on the 11th day of February, 2014.
3. General Plan Amendment No GP2011- 011shall not become effective until the effective
date of approval by the California Coastal Commission of the Coastal Land Use Plan
Amendment (LC2011 - 011)..
Rush N. Hill, II
Mayor
ATTEST:
Leiiani I. Brown
City Clerk
City Council Resolution No. 2014 -11
Page 5
EXHIBIT A
GENERAL PLAN AMENDMENT NO GP2011 -011
Consists of:
1. Amending Table LU2 of the Land Use Element of the General Plan to include the
following two new anomalies:
Table LL12Anornal
Anomaly Statistical
Number Area
Locations
Land Use
Desi nation
Development
Limits
Development
Limit Other
Additional
information
80
K -1
MU -Hl
Nonresidential
For mixed -use
development:
development,
131,290sf
residential floor area
shall not exceed a
Mixed -use
49 residential units
1:1 ratio to
development:
nonresidential floor
171,288 sf
I area
81
K -1
RM
296 residential
units
2. Amending the Land Use Map of the Land Use Element to identify the locations of
Anomaly Nos. 80 and 81 and to change the designation of the existing 6.028 -acre
portion of the project site designated as Recreational and Marine Commercial (CM 0.5)
to Mixed -Use Horizontal (MU -H1) and the 0.304 -acre lot line adjustment area designated
as Multiple Unit Residential (RM) to MU -1-11.
GP2011-011 (PA2011-216)
General Plan Amendment
300 Coast Hwy E
Document Name: PA2011-216 GP2011-011—Reso—Exhibit
0 200 400
Feet
FWI
LNJ
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 -11 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 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,
owm� , �qoy'-'
City Clerk
Newport Beach, California
{Seal}