HomeMy WebLinkAbout2014-12 - Approving Coastal Land Use Plan Amendment No. LC2011-007 for the Approximately 31 Acre Planned Community Known as Back Bay Landing Located at 300 East Coast Highway (PA2011-216)RESOLUTION NO. 2014 -12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH APPROVING COASTAL LAND USE PLAN AMENDMENT
NO. LC2011 -007 FOR THE APPROXIMATELY 31 ACRE PLANNED
COMMUNITY KNOWN AS BACK BAY LANDING LOCATED AT 300 EAST
COAST HIGHWAY (PA2011 -216)
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by Bayside Village Marina, LLC (Applicant) with respect to an
approximately 31 -acre parcel generally located on the north of East Coast Highway and
northwest of Bayside Drive, legally described Parcel 1 of PM 93 -111, (the Property)
requesting approval of various legislative and related approvals that would allow for the
future development of a mixed -use bayfront village comprising of up to 94,035 square
feet of marine - related and visitor - serving commercial uses and up to 49 residential units
(the Project). The following approvals are requested or required in order to implement
the Project as proposed:
General Plan Amendment (GPA) To allow the development of residential units by
changing the land use designation of portions of the site from Recreational and
Marine Commercial (CM 0.5) to Mixed -Use Horizontal (MU -1-11). The amendment
would also change the designation of the 0.304 -acre lot line adjustment area
currently designated as Multiple Unit Residential (RM) to MU -H1. In addition to the
land use changes, the amendment would create two new anomalies to reallocate
49 un -built residential dwelling units from the adjacent mobile home park
(Anomaly No. 81) to the project site (Anomaly No. 80).
b. Coastal Land Use Plan Amendment (CLUPA) To allow the development of
residential units by changing the land use designation of portions of the site from
Recreational and Marine Commercial (CM -B) to Mixed -Use Horizontal (MU -H).
The amendment would also change the designation of the 0.3 -acre lot line
adjustment area currently designated as Multiple Unit Residential (RM -C) to MU-
H. In addition to the land use changes, the amendment would also establish a
site- specific development policy and a height exception to the 35 -foot Shoreline
Height Limit allowing for a single, 65- foot -tali coastal public view tower.
C. Code Amendment- To amend the Zoning Map of the Zoning Code to expand the
current Planned Community District boundaries (PC-9) of the site to include: 1)
the 0.304 -acre lot line adjustment area currently zoned as Bayside Village Mobile
Home Park Planned Community (PC- 1 /MHP); and, 2) the existing 0.642 -acre
portion of the project site currently zoned as Recreational and Marine Commercial
(CM).
Planned Community Development Plan (PCDP)- Adoption of a Development Plan
to allow for the classification of land within the existing Planned Community
City Council Resolution No. 2014 -12
Page 2
boundaries and establishment of development standards, design guidelines, and
implementation of the future project and long -term operation of all planning areas
of the site.
e. Lot Line Adjustment (LLA)- To adjust the property boundaries between Parcel 3
(subject property) and Parcel 2 (adjacent Bayside Village Mobile Home Park) of
Parcel Map No. PM 93 -111 to improve ingress and egress to the project site
with a new driveway.
f. Traffic Study- A traffic study pursuant to Chapter 15.40 (Traffic Phasing
Ordinance) of the Municipal Code.
2. The Property currently has General Plan designations of Recreational and Marine
Commercial (CM 0.5 and 0.3), Open Space (OS) and Tidelands and Submerged
Lands (TS), and limited to a total maximum development of 139,680 square feet.
3. The Property is currently located within the Coastal Zone and has Coastal Land Use
Plan designations of Recreational and Marine Commercial (CM -A and CM -B), Open
Space (OS) and Tidelands and Submerged Lands (TS). The requested change of the
Coastal Land Use Plan designation from CM -B and MU -H will not become effective until
the amendment to the Coastal Land Use Plan is approved by the Coastal Commission,
4. The Property is currently located within the Planned Community zoning district (PC -9)
and within the Recreational and Marine (CM 0.3) zoning district.
5. On November 7, 2013, the Planning Commission held a study session for the project
in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, on the
Draft Environmental Impact Report (DEIR) and Project.
6. The Planning Commission held a public hearing on December 19, 2013, in the City Hall
Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of the
time, place and purpose of the aforesaid meeting was provided in accordance with
California Environmental Quality Act (CEQA) and the Newport Beach Municipal Code
(NBMC). The environmental documents for the Project comprising the DEIR, Final
Environmental Impact Report (FEIR) which consists of Responses to Comments,
Corrections and Additions to DEIR (collectively, the EIR), and Mitigation Monitoring
and Reporting Program (MMRP), the draft Findings and Facts in Support of Findings
(Findings), staff report, and evidence, both written and oral, were presented to and
considered by the Planning Commission at these hearings.
7. On December 19, 2013, the Planning Commission adopted Resolution No. 1928 by a
unanimous vote of 7 -0, recommending certification of the Back Bay Landing FEIR
(SCH No. 20121010034) and approval of the Project to the City Council.
8. The City Council held a public hearing February 11, 2014, in the City Hall Council
Chambers, at 100 Civic Center Drive, Newport Beach, California. A notice of the time,
place and purpose of the aforesaid meeting was provided in accordance with CEQA
and the NBMC. The environmental documents for the Project comprising the FEIR,
City Council Resolution No. 2014 -12
Page 3
the Findings and Facts in Support of Findings (Findings), staff report, and evidence,
both written and oral, were presented to and considered by the City Council at the
scheduled hearing.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
1. The Back Bay Landing FEIR (SCH No. 20121010034) was prepared for the Project in
compliance with the CEQA, the State CEQA Guidelines, and City Council Policy K -3.
2, The City Council, having final approval authority over the Project, adopted and certified
as complete and adequate the Back Bay Landing FEIR, and adopted "Findings and
Facts in Support of Findings for the Back Bay Landing Project Final Environmental
Impact Report" (CEQA Findings) containing within Resolution No. 2014 -10 on
February 11, 2014, which are hereby incorporated by reference.
3. On the basis of the entire environmental review record, the proposed Project will have
a less than significant impact upon the environment with the incorporation of mitigation
measures.
4. The mitigation measures identified in the FEIR are feasible and reduce potential
environmental impacts to a less than significant level. The mitigation measures would
be applied to the Project through the MMRP.
5. The City Council finds that judicial challenges to the City's CEQA determinations and
approvals of land use projects are costly and time consuming. In addition, project
opponents often seek an award of attorneys' fees in such challenges. As project
applicants are the primary beneficiaries of such approvals, it is appropriate that such
applicants should bear the expense of defending against any such judicial challenge,
and bear the responsibility for any costs, attorneys' fees and damages which may be
awarded to a successful challenger.
SECTION 3. FINDINGS.
1. Amendments to the Coastal Land Use Plan are legislative acts. Neither the City nor
State Planning Law set forth any required findings for either approval or denial of such
amendments.
2. The proposed project is consistent with the goals and policies of the Newport Beach
Coastal Land Use Plan. The City Council concurs with the conclusion of the
consistency analysis of the proposed project with these goals and policies provided in
the DEIR.
3. The requested CLUP amendment is necessary to maintain consistency with General
Plan Amendment No. GP2011 -011. The CLUP amendment is consistent with other
applicable policies of the CLUP related to land use, public access, and resource
protection.
City Council Resolution No. 2014 -12
Page 4
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
The City Council of the City of Newport Beach hereby approves Coastal Land Use
Plan Amendment No. LC2011 -007, attached hereto as Exhibit A and incorporated
herein by reference.
2. The City Council of the City of Newport Beach hereby authorizes submittal of the Local
Coastal Program CLUP Amendment to the California Coastal Commission for review
and approval.
3. The City's certified Coastal Land Use Plan, including this amendment shall be
implemented in a manner fully in conformity with the Coastal Act.
4. These actions shall take effect automatically upon Coastal Commission action, unless
the Coastal Commission proposes suggested modifications to the proposed Coastal
Land Use Plan Amendment. In the event that the Coastal Commission approves the
Amendment with suggested modifications, City approval of the modified Amendment
shall require a separate action by the City Council following Coastal Commission
approval. In this case, the Amendment would become effective upon the effective date of
the Coastal Commission certification of the modified Amendment.
5. This resolution was approved, passed and adopted at a regular meeting of the City
Council of the City of Newport Beach, held - e 11th day of February, 2014.
Rush N. Hill, 11
Mayor
ATTEST:
Leilani 06l own ` —` - - -�
City Clerk
City Council Resolution No. 2014 -12
Page 5
EXHIBIT A
COASTAL LAND USE PLAN AMENDMENT NO. LC2011 -007
Consists of:
Amending Chapter 2.0 (Land Use and Development) of the Coastal Land Use Plan to
include the following sections and policies (deletions illustrated in str Ree,ats/ additions
illustrated in underline) :
2.1.9 Back Bay Landing
parking and restrooms facilities for the Bayside Marina a kayak rental and launch facility, parking
and access to Pearson's Port and marine service equipment storage under the Coast Highway
Brid e.
Policy 2.1.9 -1
use structures with residential uses above the ground floor are allowed as integrated uses as
described below.
nonresidential uses:
new coastal view opportunities,
City Council Resolution No. 2014 -12
Page 6
automobile and vehicular circulation and adequate narkinq provided.
2.1.910 Coastal Land Use Plan Map
The Coastal Land Use Plan Map depicts the land use category for each property and is intended
to provide a graphic representation of policies relating to the location, type, density, and intensity
of all land uses in the coastal zone.
Policy 2.1.9 -10 -1
Land use and new development in the coastal zone shad be consistent with the Coastal Land Use
Plan Map and all applicable LCP policies and regulations,
Policy 4.4.2 -1
Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically
depicted on Map 43, except for Marina Park and the following sites:
Marina Park located at 1600 West Balboa Boulevard: A single, up to maximum 73 -foot- tad
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.
s
2. Amending Figure 2.1.7 -1 of the Coastal Land Use Plan to change the designation of the
existing 6.028-acre portion of the project site designated as Recreational and Marine
Commercial (CM-13) to Mixed -Use Horizontal (MU -H) and the 0.304 -acre lot line
adjustment area designated as Multiple Unit Residential (RM -C) to MU -H.
GP
MU-H
ft ft
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LC2011-007 (PA2011-216)
Coastal Land Use Plan Amendment
300 Coast Hwy E
Document Name: PA2011-216LC2011-007 Reso—Exhibit
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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 resolution, being Resolution
No. 2014 -12 was duty and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 11th day of February, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Gardner, Petros, Selich, Curry, Henn, Daigle, Mayor Hill
Nays: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 12`h day of February, 2014.
E
City Clerk
Newport Beach, California
(Seal)