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Home My WebLink About2017-8 - Authorizing the Submission of an Amendment of the City’s Certified Local Coastal Program for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-061)RESOLUTION NO. 2017-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE SUBMISSION OF AN AMENDMENT OF THE CITY'S CERTIFIED LOCAL COASTAL PROGRAM FOR THE LIDO HOUSE HOTEL PROJECT LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2016-061) WHEREAS, an application (PA2016-061) was filed by Olson Real Estate Group, Inc. on behalf of Lido House, LLC (Applicant) with respect to property located at the northeast corner of the intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the City of Newport Beach (Property); WHEREAS, the Applicant requested approval of General Plan Amendment No. GP2016-001, Coastal Land Use Plan Amendment No. LC2016-001, Zoning Code Amendment No. CA2016-003, and amendments to Site Development Review No. SD2014-001 and Conditional Use Permit No. 2014-004 to increase the maximum allowed development of the Lido House Hotel by 4,745 square feet from 98,625 square feet to 103,470 gross square feet (Project); WHEREAS, the Planning Commission held a public hearing on June 23, 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 the public hearing was provided in accordance the Newport Beach Municipal Code (NBMC). At the conclusion of the hearing, the Planning Commission voted unanimously (7-0) to adopt Planning Commission Resolution No. 2020 recommending adoption of Addendum No. 1 to the Certified Environmental Impact Report prepared by the Lido House Hotel project and approval of the Project; WHEREAS, the City Council held a public hearing to consider PA2016-061 on July 26, 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 the public hearing was provided in accordance the NBMC; WHEREAS, the City Council subsequently approved the Project by adopting Resolution No. 2016-89, Resolution No. 2016-90, Resolution No. 2016-91, and Ordinance No. 2016-13 thereby increasing the maximum development intensity at the Property as requested in the application. These actions did not amend the draft Local Coastal Program Implementation Plan that was under consideration by the California Coastal Commission; WHEREAS, on September 8, 2016, the California Coastal Commission approved the City of Newport Beach, Local Coastal Program Implementation Plan (LCP-5-NPB-15- 0039-1) with suggested modifications; Resolution No. 2017-8 Page 2 of 3 WHEREAS, on November 22, 2016, the City Council adopted Ordinance No. 2016-19 accepting the Coastal Commission's suggested modifications to the Newport Beach Local Coastal Program Implementation Plan and adopted NBMC Title 21 (Implementation Plan); WHEREAS, on November 22, 2016, after the adoption of Ordinance No, 2016-19, the City Council adopted Ordinance No. 2016-20 amending NBMC Title 21 to increase the increase the maximum allowed development of the Lido House Hotel by 4,745 square feet consistent with Coastal Land Use Plan Amendment No. LC2016-001; WHEREAS, on January 13, 2017, the California Coastal Commission accepted the Coastal Commission Executive Director's determination that the City's actions to adopt the modified Implementation Plan by Ordinance No. 2016-19 were legally adequate; WHEREAS, the City desires to submit an amendment of the Certified LCP as provided in Ordinance No. 2016-20 (LCP Amendment) to the Coastal Commission for consideration consistent with Coastal Act Section 30150 and Section 13551 of the California Administrative Code of Regulations; and WHEREAS, on January 24, 2017, the City Council held a public hearing to consider the LCP Amendment, 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 NBMC Chapter 20.62. 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 hereby authorizes the submittal of Ordinance No. 2016-20 as an amendment of the City's Certified LCP to the California Coastal Commission for consideration. Section 2: The LCP Amendment is intended to be carried out in a manner fully in conformity with the Coastal Act and the City's certified LCP. Section 3: The LCP Amendment shall take effect automatically if the Coastal Commission approves the amendment pursuant to Public Resources Code Sections 30512, 30513, and 30519. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2017-8 Page 3 of 3 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: The requirement for environmental review under the California Environmental Quality Act (CEQA) is satisfied by the City Council's previous certification of the Lido House Hotel final EIR (SCH#2013111022) (Resolution No. 2014-80) and adoption of Addendum 1 (Resolution No. 2016-88) for the 4,745 square foot increase in floor area for the hotel. The findings made by these two Resolutions are incorporated here by reference. Section 7: 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 24 day of January, 2017. ATTEST: �A�,%f , Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C�.-Harp City Attorney 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. 2017-8 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 24th day of January, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Herdman, Council Member Avery, Council Member Dixon, Council Member Peotter, Council Member O'Neill, Mayor Pro Tem Duffield, Mayor Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of January, 2017. �6OA4� , Nw� Leilani I. Brown, MMC City Clerk Newport Beach, California (Seal)