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HomeMy WebLinkAbout2022-78 - Authorizing Submittal of a Local Coastal Program Amendment to the California Coastal Commission to Amend the City of Newport Beach Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal CodeRESOLUTION NO. 2022-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF A LOCAL COASTAL PROGRAM AMENDMENT TO THE CALIFORNIA COASTAL COMMISSION TO AMEND THE CITY OF NEWPORT BEACH COASTAL LAND USE PLAN AND TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED THE LIDO HOUSE HOTEL LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2020-068) WHEREAS, Section 30500 of the California Public Resources Code requires each county and city to prepare a Local Coastal Program ("LCP") for that portion of the coastal zone within its jurisdiction; WHEREAS, in 2005, the City adopted the City of Newport Beach Local Coastal Program and Coastal Land Use Plan, as amended from time to time; WHEREAS, the California Coastal Commission effectively certified the City's Local Coastal Program Implementation Plan on January 13, 2017, and the City added Title 21 (Local Coastal Program Implementation Plan) ("Title 21") to the City of Newport Beach Municipal Code ("NBMC") whereby the City assumed coastal development permit - issuing authority on January 30, 2017; WHEREAS, an application was filed by R.D. Olson Development ("Applicant") with respect to property located at 3300 Newport Boulevard and 475 32"d Street as legally described in Exhibit 'A," which is attached hereto and incorporated by reference ("Property"); WHEREAS, on September 9, 2014, the City Council approved General Plan Amendment No. GP2012-002, Coastal Land Use Plan Amendment No. LC2012-001, Zoning Code Amendment No. CA2012-003, Site Development Review No. SD2014-001, Conditional Use Permit No. UP2014-004, and Traffic Study No. TS2014-005 for the development of Lido House Hotel at 3300 Newport Boulevard; WHEREAS, the Applicant proposes a 15,103 square -foot expansion of the Lido House Hotel to add five cottages, 28 private valet parking spaces, 14 public parking spaces, a greenhouse, a walkway, breakout rooms, a rooftop enclosure, and landscaping and fencing improvements along the perimeter of the Property ("Project"); Resolution No. 2022-78 Page 2 of 5 WHEREAS, the Project requires the following approvals from the City: e General Plan Amendment ("GPA") — To amend Anomaly No. 85 to increase the development limit to 118,573 gross square feet; • Local Coastal Program Amendment ("LCPA") — To increase the development limit to 118,573 gross square feet within both the Coastal Land Use Plan and Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code ("NBMC"); • Zoning Code Amendment ("ZCA") — To increase the development limit to 118,573 gross square feet; • Major Site Development Review Amendments ("SDR")— To ensure the changes to the Property are developed in accordance with applicable development standards; • Conditional Use Permit Amendments ("CUP") — To allow the operational changes that result from the changed site plan and floorplan and the sale of alcohol; and • Addendum No. 2 to the Certified Final Environmental Impact Report for the Lido House Hotel — The addendum addresses reasonably foreseeable environmental impacts resulting from the Project; WHEREAS, the Property is designated Visitor Serving Commercial — Lido Village (CV-LV) and Anomaly No. 85 by the City of Newport Beach General Plan ("General Plan") and located within with the Commercial Visitor -Serving —Lido Village (CV-LV) Zoning District; WHEREAS, the Project includes an amendment to the Newport Beach Coastal Land Use Plan and Title 21 to allow for the increase in the development limit to 118,573 gross square feet; WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of the LCPA were made available and a Notice of Availability was distributed on July 20, 2022, at least six weeks prior to the anticipated final action date; Resolution No. 2022-78 Page 3 of 5 WHEREAS, the Planning Commission held a duly noticed public hearing on July 21, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing; WHEREAS, at the conclusion of the public hearing, the Planning Commission voted unanimously (7 ayes — 0 nays) to adopt Planning Commission Resolution No. PC2020-020 recommending approval of the Project to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on October 25, 2022, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place, and purpose of the public hearing was provided in accordance with the Ralph M. Brown Act, Section 13515, and Chapters 20.62 and 21.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council authorizes staff to submit this Local Coastal Program Amendment to amend portions of the Coastal Land Use Plan and Title 21, as set forth in Exhibits "B" and "C," which are attached hereto and incorporated by reference, to the California Coastal Commission for review and approval. Section 2: This Local Coastal Program Amendment shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City of Newport Beach. Section 3: The Coastal Land Use Plan and Title 21, including this Local Coastal Program Amendment, if approved, will be carried out fully in conformity with the California Coastal Act. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2022-78 Page 4 of 5 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: Pursuant to Section 15062 of the California Environmental Quality Act ("CEQA") Guidelines, the changes authorized under the Project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent Environmental Impact Report ("EIR") does not need to be prepared. The City prepared and certified a final EIR for the Lido House Hotel (SCH#2013111022). State CEQA Guidelines allow for the updating and use of a previously certified EIR for projects that have changed or are different from the previous project. In cases where changes or additions occur with no new significant environmental impacts, an addendum to the previously certified EIR may be prepared pursuant to CEQA Guidelines Section 15164. The City prepared Addendum No. 2 to the Lido House Hotel's final EIR for the Project, which concludes there are no new environmental impacts and no impacts of greater severity that would result from approval and implementation of the Project. Resolution No. 2022-78 Page 5 of 5 Section 7: This resolution shall be effective upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of October, 2022. ATTEST: l/�/►�Wvh, O� . o� Leilani I. Brown City Clerk U ORN� APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE " ff"' Aaron C. Harp City Attorney Attachment: Exhibit A — Legal Description Exhibit B — Amendment to Coastal Land Use Plan Exhibit C — Amendment to Title 21 (Local Coastal Program Implementation Plan) EXHIBIT A Legal Description LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOTALLEY; THENCE SOUTH 0'44'30" EASTALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89"5'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXHIBIT B Amendment to Coastal Land Use Plan Section 1. Amend Table 2.1.1-1 of the Coastal Land Use Plan as follows: Table Plan Categories Land Use Category Uses Density/Intensity The CV-LV category is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the 103,47 CV-LV City of Newport Beach. Afire static)_ 1e s Visitor-Servingallowed GUrrent 118, 573 gross feet net .Limited Use g p Commercial — Overnight Visitor Accommodations and Lido Village residences are not allowed. Note: The CV- LV (Visitor Serving Commercial - Lido than 40% of the total pFe Village) category applies to the former City site: Hall Complex that includeds Fire Station # 2 (3300 Newport Boulevard and 475 32nd Street). Section 2. Amend Policy 4.4.2-1 of the Coastal Land Use Plan as follows: 4.4.2-1. Maintain the 35-foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3, except for the following sites: A. Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum 73-foot- tall faux lighthouse architectural tower, that creates an iconic landmark for the public to identify the site from land and water as a boating safety feature, may be allowed. No further exceptions to the height limit shall be allowed, including but not limited to, exceptions for architectural features, solar equipment or flag poles. Any architectural tower that exceeds the 35-foot height limit shall not include floor area above the 35-foot height limit, but shall house screened communications or emergency equipment, and shall be sited and designed to reduce adverse visual impacts and be compatible with the character of the area by among other things, incorporating a tapered design with a maximum diameter of 34-feet at the base of the tower. Public viewing opportunities shall be provided above the 35-feet, as feasible. (Resolution 2013-44) B. Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the 8XG8P+�; E)f a fire statiO, ,-aAII buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-of-way. • A fore station may be IGGated in its GUFFeRt IGGation and may be up to to 45 feet iR height to hew6e and GGFeen essential equipment. • The purpose of allowing limited exceptions to the 35-foot height limit on this site is to promote vertical clustering resulting in increased ublicl wally accessible on -site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. (Resolution 2016-29) EXHIBIT C Amendment to Title 21 (Local Coastal Program Implementation Plan) Section 1. Amend the row entitled "Side [Setbacks] (Street Side)" in Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.030 (Commercial Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS Development Feature CC CG CM CN CV CV-LV OG Additional Requirements Side (Street 0 0 0 0 0 32nd Street: 15 ft. side) 1 ft. for below grade structures; 1 ft. for structures up to 35 ft. in height; 70 ft. for structures over 35 ft. in height (4)(-5) Via Oporto: 0 Section 2. Amend the row entitled "Floor Area Ratio" in Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.030 (Commercial Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL zoNING niSTRirTc Development Additional Feature CC CG CM CN CV CV-LV OG Requirements TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL 70NING nICTRirrc Development I Additional Feature CC CG CM CN CV CV-LV OG Requirements Floor Area 0.75 0.75 0.50 0.30 1.50 193,478 1.30 Ratio (2)(3)(4) 118.573 sf (94 Section 3. Amend the rows related to "Height" in Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.023 (Commercial Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAI 7nNiNr; nieTRirrc Development e Additional Feature CC CG CM CN CV CV-LV OG Requirements Height Maximum allowable height of structures without discretionary approval. See Section 21.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 21.30.060(C) (Increase in Height Limit) for possible increase in height limit. Within 55 ftw+tiaflat reef less than 3/12)eTf Shoreline 55 ft. with flat roof, less than fl}; Height Limit Zone 3/12 roof - 26 ft. with flat roof, less than ip.tch; b9 ft. with sic) ed 3/12 pitch reef, 342 roof pitch or gre= T; 31 ft. with sloped roof, 3/12 60 ft. with sloped roof. or greater pitch 26 ft. with flat roof: less than 3/12 pitch 3/12 roof pitch or greater (266 7) 31 ft. with sloped Section 21.30.06 0 roof: 3/12 or greater ip tch Not within Shoreline 32 ft. with flat roof, less than NSA 32 ft. with flat roof: See CLUP Policy 4.4.2-1 less than 3/12 pitch Height Limit Zone 3/12 pitch 37 ft. with sloped roof, 3/12 N/A 37 ft. with sloped roof, 3/12 or greater or greater pitch ip'tch Within High Rise Height Area (See Figure 300 ft. N/A 1,yq 300 ft. H-1, attached to TABLE 21.20-2 DEVELOPMENT STANDARDS FOR COMMERCIAL COASTAL ZONING DISTRICTS Development I Additional Feature CC CG CM CN CV CV-LV OG Requirements the ordinance codified in this Implementatio n Plan). Section 4. Amend the footnotes for Table 21.20-2 (Development Standards for Commercial Coastal Zoning Districts) of Section 21.20.020 (Commercial Coastal Zoning Districts General Development Standards) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: Notes: (1) All development and the subdivision of land shall comply with the requirements of Section 21.30.025 (Coastal Zone Subdivisions). (2) In the CG Coastal Zoning District, when 0.3/0.5 is shown on the Coastal Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects. (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) The specific floor area limitations for each coastal zoning district are identified on the Coastal Zoning Map. L51(6) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height. Section 5. Amend Subsection (D)(15) of Section 21.30.060 (Height Limits and Exceptions) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC to read as follows: 15. Lido House Hotel. At the former City Hall, 3300 Newport Boulevard and 475 32nd Street: a. At least seventy-five (75) percent of the total area of the site shall be thirty-five (35) feet in height or lower. b. Buildings and structures up to fifty-five (55) feet in height with the peaks of sloping roofs and elevator towers up to sixty (60) feet in height provided it is demonstrated that development does not adversely materially impact public views. c. Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to sixty-five (65) feet in height. d. Buildings and structures over thirty-five (35) feet in height, including architectural features, shall not occupy more than twenty-five (25) percent of the total area of the site. e. Buildings and structures over forty-five (45) feet in height, including architectural features, shall not occupy more than fifteen (15) percent of the total area of the site. f. With the exception of a fire station, aAll buildings and structures over thirty-five (35) feet in height, including architectural features, shall be set back a minimum of sixty (60) feet from the Newport Boulevard right-of-way and seventy (70) feet from the 32nd Street right- of-way. 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; the foregoing resolution, being Resolution No. 2022-78 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 251h day of October, 2022; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Kevin Muldoon, Council Member Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None RECUSED: Mayor Pro Tern Noah Blom IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 261h day of October, 2022. c Leilani I. Brown City Clerk Newport Beach, California