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Home My WebLink About2011-81 - Beauchamp Local Coastal Plan Amendment No. NPB-MAJ-19RESOLUTION NO. 2011 -81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AFFIRMING COASTAL COMMISSION APPROVAL OF LOCAL COASTAL PLAN AMENDMENT NO. NPB- MAJ -19 FOR COASTAL LAND USE PLAN AMENDMENT NO. LC2009- 001(PA2009 -067) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by David Beauchamp of Peninsula Point Properties, LLC, with respect to property located at 2000 -2016 East Balboa Boulevard and legally described as Lots 14, 15, 16, 21, and 22 of Tract 756, as shown on a map recorded in Book 23, Pages 7 & 8 of miscellaneous maps, records of Orange County, California in requesting approval of a General Plan amendment and Local Coastal Program Coastal Land Use Plan amendment. 2. The applicant proposed the adoption of a General Plan amendment and Local Coastal Program Coastal Land Use Plan amendment to change the land use designations from PR (Parks and Recreation) to RS -D (Single Unit Residential Detached) and RSD- B, respectively. The property is currently used as a private tennis club and the Amendments would allow for future redevelopment of dwelling units. SECTION 2. LOCAL COASTAL PROGRAM COASTAL LAND USE PLAN AMENDMENT. 1. Pursuant to the California Coastal Act, the City prepared a Local Coastal Program 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. 2. On February 17, 2010 and May 14, 2010, notices of the availability of a draft amendment of the Local Coastal Program Coastal Land Use Plan were provided in accordance with Section 13515(c) of the California Code of Regulations. This notice was mailed to approximately 122 affected property owners, occupants, interested parties, and public agencies in order to provide public participation and comments. 3. This Amendment of the Local Coastal Program CLUP 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. The current use of the project site is a private recreational use within the Coastal Zone and the proposed General Plan and Local Coastal Program CLUP amendments allow the development of the property as was permitted prior to the 1988 General Plan update. The conceptual development plan would comply with the density requirement of 6.0 to City of Newport Beach City Council Resolution No. 2011 -81 Page 2 of 5 9.9 dwelling units per acre as required by the Residential Single Unit Detached (RSD- B) land use designation of the Local Coastal Program CLUP. 4. A public hearing was held on March 4, 2010, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 5. At the March 4, 2010, hearing, the Planning Commission received public comments and voted (7 ayes and 0 noes) to recommend adoption of the Mitigated Negative Declaration, approval of the proposed General Plan Amendment, and Local Coastal Program Coastal Land Use Plan Amendment. 6. A public hearing was held by the City Council on May 25, 2010, 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 Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting 7. At the May 25, 2010 hearing, the City Council received public comments and voted (7 ayes and 0 noes) to recommend adoption of the Mitigated Negative Declaration, approval of the proposed General Plan Amendment, and Local Coastal Program Coastal Land Use Plan Amendment. 8. The resolution adopting Local Coastal Program Coastal Land Use Plan Amendment No. LC2009 -001 requires subsequent action by the City Council following the approval of Local Coastal Program Amendment No. NPB - MAJ -10 by the California Coastal Commission. 9. A public hearing was held by the California Coastal Commission on June 15, 2011, at the Marina Del Rey Hotel, 13534 Bali Way, Marina Del Rey, California. A notice of time, place and purpose of the meeting was given in accordance with the California Coastal Act. Evidence, both written and oral, was presented to, and considered by, the California Coastal Commission at this meeting. 10. At the June 15, 2011 hearing, the California Coastal Commission received public comments and voted unanimously adopted of LCP Amendment No. NPB - MAJ -10 as proposed. City of Newport Beach City Council Resolution No. 2011 -81 Page 3 of 5 SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. An Initial Study and Mitigated Negative Declaration has been prepared and adopted on May 25, 2010 in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3. 2. The draft Mitigated Negative Declaration was circulated for a 30 -day comment period beginning on January 12, 2010, and ending on February 10, 2010. The contents of the environmental document and comments on the document were considered by the Planning Commission and City Council in its review of the proposed project. 3. On the basis of the entire environmental review record, the proposed project, with mitigation measures, will have a less than significant impact upon the environment and there are no known substantial adverse affects on human beings that would be caused. Additionally, there are no long -term environmental goals that would be compromised by the project, nor cumulative impacts anticipated in connection with the project. The mitigation measures identified and incorporated in the Mitigation Monitoring and Reporting Program are feasible and will reduce the potential environmental impacts to a less than significant level. 4. The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, which constitute the record upon which this decision was based, are on file with the Planning Department, City Hall, 3300 Newport Boulevard, Newport Beach, California. 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 4. DECISION NOW, THEREFORE, BE IT RESOLVED: 1. Local Coastal Program Amendment No. NCP - MAJ -10 was approved by the California Coastal Commission as requested by the City and consistent with City Council Resolution No. 2010 -50. Therefore, no further review is necessary. 2. The City Council of the City of Newport Beach hereby takes subsequent action as required by City Council Resolution No. 2010 -50 and affirms Coastal Commission approval of Local Coastal Program Amendment No. NCP - MAJ -10 for Local Coastal Plan Amendment No. LC2009- 001(PA2009 -067). City of Newport Beach City Council Resolution No. 2011 -81 Page 4 of 5 Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 12'h of July, 2011. (m ATTEST: O� CITY CLERK U ��FORN.r City of Newport Beach City Council Resolution No. 2011 -81 Page 5 of 5 ��(: "(0)6 f' ' l' %`1 s, "474 0 LIMESALaoA ISLAND ISLAND \ PF �r G. D RSDA TS _ RSD -B t s' _ tS-D -D f rEwvnk T J � n U )t 500 1,000 o Feet LC200"01.mxd February/2010 LC2009 -001 (PA2009 -067) Coastal Land Use Plan Amendment 2000 - 2016 East Balboa Boulevard t t� THE RSD -A RSD -A WEDGE N :, 9 0 .Z STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, Leffani 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. 2011 -81 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 12th day of July, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosen sky, Gardner, Selich, Curry, Daigle, Mayor Henn Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of July, 2011. Aom� S' NOVI-t- City Clerk T Newport Beach, California (Seal)