HomeMy WebLinkAbout15 - General Plan Amendment to Increase the Development Limit for Bay Island (PA2022-087)Q SEW Pp�T
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<,FORN'P City Council Staff Report
January 24, 2023
Agenda Item No. 15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Chelsea Crager, Senior Planner, ccrager@newportbeachca.gov
PHONE: 949-644-3227
TITLE: Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5:
General Plan Amendment to Increase the Development Limit for
Bay Island (PA2022-087)
ABSTRACT:
For the City Council's reconsideration are amendments to the General Plan, Zoning Map,
and Coastal Zoning Map for Bay Island. The amendments increase the maximum
development limits from 23 dwelling units to 25 dwelling units and include correcting the
land use maps. The amendments were initiated by Bay Island Club, Inc., which seeks to
return development rights, consistent with Use Permit No. UP3618.
This item was previously heard and approved at the January 10, 2023 City Council
meeting; however, the agenda item was required to be re -noticed to ensure compliance
with the requirements of the Newport Beach Municipal Code.
RECOMMENDATIONS:
a) Conduct a public hearing;
b) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 — Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, because this project has no potential to have a
significant effect on the environment;
c) Adopt Resolution No. 2023-4, A Resolution of the City Council of the City of Newport
Beach, California, Approving General Plan Amendment No. GP2022-001 to Change
the Development Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum
Dwelling Units (PA2022-087);
d) Adopt Resolution No. 2023-5, A Resolution of the City Council of the City of Newport
Beach, California, Authorizing the Submittal of Local Coastal Program Amendment
No. LC2022-003 to Change the Development Limit Specified for Bay Island from
23 Dwelling Units to 25 Maximum Dwelling Units (PA2022-087); and
15-1
Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan
Amendment to Increase the Development Limit for Bay Island (PA2022-087)
January 24, 2023
Page 2
e) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2023-1, An Ordinance of the City Council of the City of Newport Beach, California,
Approving Zoning Code Amendment No. CA2022-005 to Change the Development
Limit Specified for Bay Island from 23 Dwelling Units to 25 Maximum Dwelling Units
(PA2022-087), and pass to second reading on February 14, 2023.
DISCUSSION:
This agenda item was previously heard at the January 10, 2023, City Council meeting,
where the proposed amendments were unanimously approved. However, subsequent to
that meeting, it was discovered that the public noticing for the meeting did not meet the
minimum 10-day posting and mailing requirements prior to the date of the meeting.
Therefore, the item has been properly re -noticed consistent with the provisions of the
Newport Beach Municipal Code.
The City Council is required to reconsider the item and hold a new public hearing. The
complete January 10, 2023 City Council staff report, including attachments, is provided
as Attachment D for reference.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New
Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code
of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect
on the environment.
Class 3 exempts the construction of up to three single-family residences. The project
would authorize the future development of up to two additional single-family residences
at Bay Island and therefore qualifies within this exemption. The exceptions to this
categorical exemption under Section 15300.2 are not applicable. The project location
does not impact an environmental resource of hazardous or critical concern, does not
result in cumulative impacts, does not have a significant effect on the environment due to
unusual circumstances, does not damage scenic resources within a state scenic highway,
is not a hazardous waste site, and is not identified as a historical resource.
NOTICING:
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of -way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Newport Beach
Municipal Code. Additionally, the item appeared on the agenda for this meeting, which
was posted at City Hall and on the City website in accordance with the Brown Act
(72 hours in advance of the meeting at which the City Council considers the item).
15-2
Ordinance No. 2023-1 and Resolution Nos. 2023-4 and 2023-5: General Plan
Amendment to Increase the Development Limit for Bay Island (PA2022-087)
January 24, 2023
Page 3
ATTACHMENTS:
Attachment A — Resolution No. 2023-4
Attachment B — Resolution No. 2023-5
Attachment C — Ordinance No. 2023-1
Attachment D — January 10, 2023 Staff Report
15-3
Attachment A
Resolution No. 2023-4
15-4
RESOLUTION NO. 2023-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
GENERAL PLAN AMENDMENT NO. GP2022-001 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-family
building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the
density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling
units based on the number of dwellings that existed on Bay Island at that time;
15-5
Resolution No. 2023-4
Page 2 of 5
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618
("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 —An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay Island
from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land Use
Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal
Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the 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 hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
15-6
Resolution No. 2023-4
Page 3 of 5
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
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 the 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 City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby approves General Plan Amendment No.
GP2022-001 amending the General Plan of the City of Newport Beach to correct the
development limit specified for Bay Island from 23 dwelling units to a maximum of 25
dwelling units as depicted in Exhibit "B," which is attached hereto and incorporated herein
by reference. This approval is contingent upon the certification of Local Coastal Program
Amendment No. LC2022-003 by the California Coastal Commission.
Section 2: Charter Section 423 requires voter approval of any major General
Plan amendment to the General Plan. A major General Plan amendment is one that
significantly increases allowed density or intensity by 40,000 square feet of non-
residential floor area, increases traffic by more than 100 peak hour vehicle trips (AM/PM),
or increases residential dwelling units by 100 units. These thresholds apply to the total
of increases resulting from the amendment itself, plus 80 percent of the increases
resulting from other amendments affecting the same neighborhood (defined as a
Statistical Area as shown in the General Plan Land Use Element) and adopted within the
preceding 10 years.
Council Policy A-18 (Guidelines for Implementing Charter Section 423) requires that
proposed amendments to the General Plan be reviewed to determine if a vote of the
Newport Beach electorate would be required. This policy includes a provision that all
General Plan amendments be tracked as "Prior Amendments" for 10 years to determine
if minor amendments in a single Statistical Area cumulatively exceed the thresholds
indicated above.
Facts in Support Finding of Consistency with Charter Section 423:
The Project is located within Statistical Area D3 with no general plan amendments
over the last 10 years. Charter Section 423 is not triggered because the maximum number
of dwelling units on Bay Island was inadvertently revised to reflect the number of dwelling
units at that time as opposed to what was authorized by Use Permit No. UP3618.
15-7
Resolution No. 2023-4
Page 4 of 5
Additionally, even assuming the Project was not merely correcting an error,
increasing the number of dwelling units by two units has no effect on the non-residential
floor area and would result in an overall increase of 1.4 a.m. peak hour trips and 1.9 p.m.
peak hour trips based on the residential trip rates reflected in Council Policy A-18. Since
none of the three thresholds specified by Charter Section 423 are exceeded, no vote of
the electorate is required
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
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 City Council finds General Plan Amendment No. GP2022-001 is
exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
General Plan Amendment No. GP2022-001 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
15-8
Resolution No. 2023-4
Page 5of5
Section 6: This resolution shall take effect upon the certification of Local Coastal
Program Amendment No. LC2022-003 by the California Coastal Commission.
ADOPTED this 24th day of January, 2023.
Noah Blom
Mayor
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron '. Harp
City Itorney
Attachments: Exhibit A - Bay Island Map
Exhibit B - General Plan Amendment No. GP2022-001
15-9
EXHIBIT "A"
Bay Island Map
Bay Island
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15-10
EXHIBIT "B"
General Plan Amendment No. GP2022-001
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15-11
Attachment 6
Resolution No. 2023-5
15-12
RESOLUTION NO. 2023-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING
THE SUBMITTAL OF LOCAL COASTAL PROGRAM
AMENDMENT NO. LC2022-003 TO CHANGE THE
DEVELOPMENT LIMIT SPECIFIED FOR BAY ISLAND
FROM 23 DWELLING UNITS TO 25 MAXIMUM
DWELLING UNITS (PA2022-087)
WHEREAS, as set forth in Section 30500 of the California Public Resources
Code, the California Coastal Act requires each county and city to prepare a local coastal
program ("LCP") for that portion of the coastal zone within its jurisdiction;
WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached here as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan that authorized a maximum of 25 residential units (24 single-
family building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein the
density of Bay Island was inadvertently decreased to a maximum of 23 residential dwelling
units based on the number of dwellings that existed on Bay Island at that time;
WHEREAS, on November 22, 2016, the City Council adopted Ordinance No.
2016-19, adding Title 21 (Local Coastal Program Implementation Plan) to the Newport
Beach Municipal Code ("NBMC") with the maximum density of 23 residential dwelling
units inadvertently carried over to Title 21;
15-13
Resolution No. 2023-5
Page 2 of 4
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No. UP3618
("Project");
WHEREAS, the following approvals are requested or required from the City of
Newport Beach ("City") to implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title
21 (Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 — An amendment to Title 20
(Planning and Zoning) of the NBMC to correct the development limit specified
for Bay Island from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land Use
Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the Coastal
Zoning District of Multiple Residential (RM);
WHEREAS, pursuant to Section 13515 of the California Code of Regulations,
Title 14, Division 5.5, Chapter 8 ("Section 13515"), drafts of Local Coastal Program
Amendment No. LC2022-003 were made available and a Notice of Availability was
distributed a minimum of six weeks prior the City Council public hearing;
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the 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 the 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;
15-14
Resolution No. 2023-5
Page 3 of 4
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
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 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 hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby authorizes staff to submit Local Coastal
Program Amendment No. LC2022-003 to the California Coastal Commission for review and
approval as set forth in Exhibits "B" and "C," which are attached hereto and incorporated
herein by reference.
Section 2: Local Coastal Program Amendment No. LC2022-003 shall not
become effective until approval by the California Coastal Commission and adoption,
including any modifications suggested by the California Coastal Commission, by
resolution(s) and/or ordinance(s) of the City Council of the City of Newport Beach.
Section 3: Local Coastal Program Land Use Plan and Title 21 (Local Coastal
Program Implementation Plan), including Local Coastal Program Amendment No.
LC2022-003, 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.
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.
15-15
Resolution No. 2023-5
Page 4 of 4
Section 6: Local Coastal Program Amendment No. LC2022-003 is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of the
CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Class
3 exempts the construction of up to three single-family residences. Local Coastal
Program Amendment No. LC2022-003 would authorize the future development of up to
two additional single-family residences at Bay Island and therefore qualifies within this
exemption.
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 24th day of January, 2023.
Noah Blom
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron . Harp
City orney
Attachments: Exhibit A - Bay Island Map
Exhibit B - Local Coastal Program Amendment No
Amending Title 21 of the NBMC
Exhibit C - Local Coastal Program Amendment No
Amending the Coastal Land Use Plan
XWOW41 41111
LC2022-003
15-16
EXHIBIT "A"
Bay Island Map
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EXHIBIT A
15-17
EXHIBIT "B"
Local Coastal Program Amendment No. LC2022-003
Amending Title 21 of the NBMC
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Local Coastal Program Amendment
1 No. LC2022-003 ME
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PA2022-087 EXHIBIT B
15-18
EXHIBIT "C"
Local Coastal Program Amendment No. LC2022-003
Amending the Coastal Land Use Plan
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PA2022-087 EXHIBIT C Cgs 01'.
15-19
Attachment C
Ordinance No. 2023-1
15-20
ORDINANCE NO. 2023-1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, APPROVING
ZONING CODE AMENDMENT NO. CA2022-005 TO
CHANGE THE DEVELOPMENT LIMIT SPECIFIED FOR
BAY ISLAND FROM 23 DWELLING UNITS TO 25
MAXIMUM DWELLING UNITS (PA2022-087)
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules, and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, on April 20, 2022, an application was filed by Bay Island Club, Inc.,
("Applicant") with respect to Bay Island, as shown on the official map of Bay Island
("Property") which is attached hereto as Exhibit "A" and incorporated herein by reference;
WHEREAS, Bay Island is a 5.5-acre legal lot in Newport Harbor that is currently
developed with 23 single-family homes, shared open space, recreational areas, and a
caretaker's unit, which currently functions as a clubhouse;
WHEREAS, Bay Island is accessible by a pedestrian bridge with no vehicular
access;
WHEREAS, on November 24, 1997, the City Council approved Use Permit No.
UP3618 to implement a Planned Residential Development Overlay District, which modified
the Multi -Family Residential (MFR) zoning and development regulations for Bay Island and
created a development plan authorizing a maximum of 25 residential units (24 single-
family building sites plus one residential caretaker site) and off -site parking;
WHEREAS, the purpose of Use Permit No. UP3618 is to ensure that future
development maintains the single-family detached character of Bay Island;
WHEREAS, on July 25, 2006, the City Council approved Resolution No. 2006-76
adopting a comprehensive 2006 General Plan Update ("General Plan Update") wherein
the density of Bay Island was inadvertently decreased to a maximum of 23 residential
dwelling units based on the number of dwellings that existed on Bay Island at that time;
15-21
Ordinance No. 2023-1
Page 2 of 5
WHEREAS, on October 25, 2010, the City Council adopted a comprehensive
update to Title 20 (Planning and Zoning) of the Newport Beach Municipal Code
("NBMC") which inadvertently set the maximum density of Bay Island to 23 residential
dwelling units;
WHEREAS, the Applicant is requesting approval to correct the maximum density
allowed on Bay Island from 23 to 25 dwelling units, consistent with Use Permit No.
UP3618 ("Project");
WHEREAS, the following approvals are requested or required from the City to
implement the Project:
• General Plan Amendment No. GP2022-001 — An amendment to the Land Use
Element of the General Plan to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units,
• Local Coastal Program Amendment No. LC2022-003 — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC to correct the
development limit specified for Bay Island from 23 dwelling units to 25 maximum
dwelling units; and
• Zoning Code Amendment No. CA2022-005 — An amendment to Title 20 (Planning
and Zoning) of the NBMC to correct the development limit specified for Bay
Island from 23 dwelling units to 25 maximum dwelling units;
WHEREAS, the Property is located within the Multiple Residential (RM) Zoning
District and the General Plan Land Use Element category is Multiple Residential Detached
(RM-D);
WHEREAS, the Property is located within the coastal zone with a Coastal Land
Use Plan category of Multiple -Unit Residential — 10.0 — 19.9 DU/AC (RM-C) and the
Coastal Zoning District of Multiple Residential (RM);
WHEREAS, the Planning Commission held a public hearing on September 8,
2022 in the 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;
15-22
Ordinance No. 2023-1
Page 3of5
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending City Council approval
of General Plan Amendment No. GP2022-001, Local Coastal Program Amendment No.
LC2022-003 and Zoning Code Amendment No. CA2022-005; and
WHEREAS, the City Council held a public hearing on January 24, 2023 in the
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 the 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 City Council at this
hearing.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby approves Zoning Code Amendment No.
CA2022-005 to correct the development limit specified for Bay Island from 23 dwelling
units to a maximum of 25 dwelling units, as depicted in Exhibit "B" which is attached
hereto and incorporated herein. This approval is contingent upon the certification of
Local Coastal Program Amendment No. LC2022-003 by the California Coastal
Commission.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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.
15-23
Ordinance No. 2023-1
Page 4 of 5
Section 4: The City Council finds Zoning Code Amendment No. CA2022-005
is exempt from environmental review under the California Environmental Quality Act
("CEQA") pursuant to Section 15303, Class 3 (New Construction or Conversion of Small
Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6,
Chapter 3. Class 3 exempts the construction of up to three single-family residences.
Zoning Code Amendment No. CA2022-005 would authorize the future development of
up to two additional single-family residences at Bay Island and therefore qualifies within
this exemption.
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
15-24
Ordinance No. 2023-1
Page 5 of 5
Section B: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. This ordinance shall take effect upon certification of Local Coastal
Program Amendment No. LC2022-003 by California Coastal Commission, 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 24th day of January, 2023, and adopted on the 14th day
of February, 2023, by the following vote, to -wit:
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ABSENT:
NOAH BLOM, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
-1/1 0L__ _kez
AARO . HARP, CWY ATTORNEY
Attachments: Exhibit A - Bay Island Map
Exhibit B - Zoning Code Amendment No. CA2022-005
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Exhibit "A"
Bay Island Map
100�11_
Bay Island
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I ? c
AS
Bay Island
C" .1
PA2022-087
J EXHIBIT A
15-26
Exhibit "B"
Zoning Code Amendment No. CA2022-005
RM
25 du
Zoning Code Amendment
No. CA2022-005 t-
NE
Bay Island cH,ru. p,,a.aa
PA2022-087 EXHIBIT B °`'�'"'
Sepre�.om 29, 2a22
15-27
Attachment D
City Council Staff Report with Attachments, dated January 10, 2023
Attached via link due to bulk:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2848933&dbid=0&repo=CNB
&cr=1
15-28