HomeMy WebLinkAbout2024-27 - Amending Title 21 (Local Coastal Program Implementation Plan) to Change the Development Limit Specified for Bay Island from 23 Dwelling Units to a Maximum of 25 Dwelling Units (PA2022-087)ORDINANCE NO. 2024-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING TITLE
21 (LOCAL COASTAL PROGRAM IMPLEMENTATION
PLAN) TO CHANGE THE DEVELOPMENT LIMIT
SPECIFIED FOR BAY ISLAND FROM 23 DWELLING
UNITS TO A MAXIMUM OF 25 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, 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, the City adopted the City of Newport Beach Local Coastal Program
Coastal Land Use Plan ("CLUP") in 2005, which has been amended from time to time;
WHEREAS, the California Coastal Commission ("Coastal Commission")
effectively certified the City's Local Coastal Program Implementation Plan on January
13, 2017, which the City added as Title 21 (Local Coastal Program Implementation
Plan) ("Title 21") to the Newport Beach Municipal Code ("NBMC"), whereby the City
assumed coastal development permit -issuing authority;
WHEREAS, an application was filed by Bay Island Club, Inc. ("Applicant") on April
20, 2022, 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 the Newport Harbor that is
currently developed with 23 single -unit dwellings, 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;
Ordinance No. 2024-27
Page 2of5
WHEREAS, the City Council approved Use Permit No. UP3618 on November 24,
1997, 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 -unit
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 -unit detached character of Bay Island;
WHEREAS, the City Council approved Resolution No. 2006-76 on July 25, 2006,
adopting a comprehensive 2006 General Plan Update wherein the density of Bay Island
inadvertently identified a maximum of 23 dwelling units based on the number of dwellings
units that existed on Bay Island at that time;
WHEREAS, the City Council adopted Ordinance No. 2016-19 on November 22,
2016, adding Title 21 to the NBMC;
WHEREAS, Ordinance No. 2016-19 mirrored the 2006 General Plan Update
development limits and, as such, inadvertently identified a maximum density of 23
dwelling units on Bay Island;
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 were required from the City to implement the
Project:
• General Plan Amendment ("GPA") — 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 a maximum of 25 dwelling units;
• Zoning Code Amendment ("ZCA") — 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 a maximum of 25 dwelling units; and
• Local Coastal Program Amendment ("LCPA") — An amendment to Title 21
(Local Coastal Program Implementation Plan) of the NBMC and Coastal Land
Use Plan (CLUP) to correct the development limit specified for Bay Island
from 23 dwelling units to a maximum of 25 dwelling units,
Ordinance No. 2024-27
Page 3 of 5
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 is Multiple Residential (RM);
WHEREAS, pursuant to Section 13515 (Public Participation and Agency
Coordination Procedures) 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 August 25, 2022, at least six weeks prior to the
anticipated final action date;
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,
WHEREAS, at the hearing, the Planning Commission adopted Resolution No.
PC2022-023 by a majority vote (6 ayes, 1 absent) recommending the City Council
approve the Project;
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;
WHEREAS, at the hearing, the City Council adopted Resolution No. 2023-5
authorizing the submittal of the LCPA to amend Title 21 changing the development limit
specified for Bay Island from 23 dwelling units to a maximum of 25 dwelling units, and
WHEREAS, the Coastal Commission approved the LCPA (LCP-5-NPB-23-
0019-1 Part B) on July 11, 2024, as a major amendment with no modifications, and as a
result, is deemed approved and became a certified part of Title 21.
Ordinance No. 2024-27
Page 4 of 5
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council does hereby approve the LCPA (PA2022-087)
amending Title 21 (Local Coastal Program Implementation Plan) of the NBMC to correct
the development limit specified for Bay Island from 23 dwelling units to a maximum of
25 dwelling units, as set forth in Exhibit "B," which is attached hereto and incorporated
herein by reference.
Section 2: The LCP and Title 21, including this LCPA, shall be carried out in
full conformance with the California Coastal Act.
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 4: 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.
Section 5: The City Council finds the introduction and adoption of this
ordinance 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. LCP Amendment No. LC2022-003 would authorize the
future development of up to two additional single -unit dwellings at Bay Island and
therefore qualifies within this exemption.
Section 6: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Ordinance No. 2024-27
Page 5 of 5
Section 7: 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 22nd day of October, 2024, and adopted on the 12th day
of November, 2024, by the following vote, to -wit:
AYES: Mayor O'Neill Mayor Pro Tern Stapleton, Councilmember Avery,
Councilmember Blom Councilmember Grant, Councilmember Kleiman,
Councilmember Weigand
NAYS:
ABSENT:
ATTEST:
1.
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WILL O'NEILL, MAYOR
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LEILANI I. BROWN, CI Y CLERK n
APPROVED AS TO FORM: Lir-0
CITY ATTORNEY'S OFFICE
R N C. HARP, CITY TORNEY
Attachments: Exhibit A — Bay Island Map
Exhibit B — Local Coastal Program Amendment No. LC2022-003
Amending Title 21 of the NBMC
Bay Island
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P/� 2 O 2 2 _ O Q 7 December 01, 2022
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. 2024-27 was duly introduced on the 22"d day of October, 2024, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 121h day of November, 2024, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 13th day of November, 2024.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2024-27 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: October 26, 2024
Adopted Ordinance: November 16, 2024
In witness whereof, I have hereunto subscribed my name this day of November, 2024.
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Leilani I. Brown, MM
City Clerk
City of Newport Beach, California