HomeMy WebLinkAbout2017-25 - Forwarding Ordinance No. 2017-9 to California Coastal Commission for a Determination of Adequacy to Implement Local Coastal Program Amendment LCP-5-NPB-17-0010-1 as Modified by the Coastal Commission (PA2016-061)RESOLUTION NO. 2017-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, FORWARDING
ORDINANCE NO. 2017-9 TO CALIFORNIA COASTAL
COMMISSION FOR A DETERMINATION OF ADEQUACY
TO IMPLEMENT LOCAL COASTAL PROGRAM
AMENDMENT LCP-5-NPB-17-0010-1 AS MODIFIED BY
THE COASTAL COMMISSION (PA2016-061)
WHEREAS, on November 22, 2016, the City Council adopted Ordinance
No. 2016-20 amending the City's Local Coastal Program (LCP) Implementation Plan
[Newport Beach Municipal Code (NBMC) Title 21] to increase the maximum allowed
development of the CV -LV coastal zoning district by 4,745 square feet consistent with a
previously approved Coastal Land Use Plan Amendment (LC2016-001);
WHEREAS, on January 24, 2017, the City Council conducted a noticed public
hearing and adopted Resolution No. 2017-008 authorizing the submission of Local
Coastal Program Amendment No. LC2016-001 to the California Coastal Commission for
consideration;
WHEREAS, on March 8, 2017, at their regular meeting in Ventura California, the
California Coastal Commission certified LC2016-001 (LCP-5-NPB-16-0039-1 and LCP-
5-NPB-17-0010-1), with suggested modifications to the draft LCP Implementation Plan
amendment (LCP-5-NPB-17-0010-1) as consistent with the Coastal Act; and
WHEREAS, on April 11, 2017, the City Council conducted a noticed public hearing
and adopted Ordinance No. 2017-9 accepting and adopting the Coastal Commission's
suggested modifications to LCP-5-NPB-17-0010-1.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council of the City of Newport Beach, California, hereby
acknowledges receipt of the California Coastal Commission's resolution of certification,
including the suggested modifications required for final certification of LCP-5-NPB-17-
0010-1 and accepts and agrees to the suggested modifications.
Section 2: The City Council hereby authorizes City staff to submit this ordinance
for determination by the Executive Director of the California Coastal Commission that this
action and the adoption of Ordinance No. 2017-9 is legally adequate to for final
certification of LCP-5-NPB-17-0010-1 as set forth in the California Coastal Commission's
action on March 8, 2017.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2017-25
Page 2 of 9
Section 4: 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 5: 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 6: 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 11th day of April, 2017.
ATTEST:
&I lerk
I
_,MM®R,ilae. Brown
APPROVED AS TO FORM:
CITY A TORNEY'S OFFI
'1-7—r /
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH 4
I, Jennifer Nelson, Assistant 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. 2017-25 was duly introduced before and adopted by the City Council of said City at a
regular meeting of said Council held on the 11th day of April, 2017, and that the same was so passed and
adopted by the following vote, to wit:
AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane
Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy
Duffield, Mayor Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of April, 2017.
gieer N on
ntaGgity Clerk
Newport Beach, California
(Seal)