The URL can be used to link to this page

Home My WebLink About2017-9 - Adopting Local Coastal Program Amendment No. LC2016-001 as Modified by the California Coastal Commission Related to the CV-LV Coastal Zoning District for the Lido House Hotel Project Located at 3300 Newport Boulevard and 475 32nd Street (PA2016-0ORDINANCE NO. 2017-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. LC2016-001 AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION RELATED TO THE CV -LV COASTAL ZONING DISTRICT FOR THE LIDO HOUSE HOTEL PROJECT LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (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. 2017-8 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; WHEREAS, on April 11, 2017, the City Council held a public hearing in the City Hall Council Chambers located at 100 Civic Center Drive, Newport Beach, California to consider the certified amendment as modified; and WHEREAS, 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 ordains as follows: Section 1: The LCP Implementation Plan, NBMC Section 21.20.030 (Commercial Coastal Zoning Districts General Development Standards), is hereby amended, in part, to revise a single row in Table 21.20-2 to increase the maximum allowed development within the CV -LV coastal zoning district and to add note 8. All other provisions in NBMC Section 21.20.030 and Table 21.20-2 including notes shall remain unchanged. Ordinance No. 2017-9 Page 2 of 3 TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS Development CC CG cm CN cV CV -LV OG Additional Requirements Feature Floor Area Ratio or Maximum Limit 0.75 0.75 0.50 0.30 1.50 103,470 sf (8) 1.30 (z) (3) (4) Notes: (8) 103,470 gross square feet not including a fire station. A fire station may not occupy more than 10% of the total project site. Section 2: The Local Coastal Program Implementation Plan, Coastal Zoning Map established by NBMC Section 21.14.010 is hereby amended to add the following note to the CV -LV coastal zoning district as follows and shown on Exhibit A: "CV -LV: 103,470 gross square feet not including a fire station. A fire station may not occupy more than 10% of the total project site." Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: The LCP Amendment established by this ordinance is intended to be carried out in a manner fully in conformity with the Coastal Act and the City's certified LCP. Section 5: The LCP Amendment established by this ordinance shall take effect automatically upon a determination by the California Coastal Commission or the Executive Director that this ordinance is legally adequate to accept and adopt the suggested modifications as certified by the Coastal Commission on March 8, 2017. Section 6: If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance. The City Council hereby declares that it would have passed this ordinance 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. Ordinance No. 2017-9 Page 3 of 3 Section 7: 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 8: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the LCP and NBMC shall remain unchanged and shall be in full force and effect. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11 th day of April, 2017, and adopted on the 25th day of April, 2017, by the following vote, to -wit: AYES: Council Member Scott Peotter, Council Member Jeff Herdman Council Member Brad Avery, Council Member Diane Dixon. Council Member Will O'Neill, NAYS: ATTEST: LEI rAN 1 . BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE ,�r AARON C. HARP, CITY ATTORNEY Attachment: Updated Coastal Zoning Map Iv PIAMPT0109INKAFTNTOT0.1 q!l NU 1) Ordinance 2017-9 Exhibit A ,2 �21101111 JF Hill, qj H HIE C Co6 E 0 N 0 U Hil to 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 ordinance, being Ordinance No. 2017-9 was duly introduced on the 11th day of April, 2017 at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 251h day of April, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Scott Peotter, Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, 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 26th day of April, 2017. WkLj. Leilani I. Brown City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION 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 Ordinance No. 2017-9 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: Introduced Ordinance: April 15, 2017 Adopted Ordinance: April 29, 2017 In witness whereof, I have hereunto subscribed my name this day of 2017. Leilarli I. Brown, MMC' U City Clerk City of Newport Beach, California (Seal)