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Home My WebLink About2014-3 - Approving Code Amendment No. CA2013-009 for the Approximatley 31 Acre Planned Community Known as Back Bay Landing LOcated at 300 East Coast Highway (PA2011-216)ORDINANCE NO. 2014 -3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. CA2013 -009 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. 1. 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: a. 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 -tall 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). d. Planned Community Development Plan (PCDP)- Adoption of a Development Plan to allow for the classification of land within the existing Planned Community boundaries and establishment of development standards, design guidelines, and City Council Ordinance No. 2014 -3 Page 2 implementation of the future project and long -term operation of all planning areas of the site. e. Lot Line Adiustment (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 Studv- 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 its 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). . 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, 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. City Council Ordinance No. 2014 -3 Page 3 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. The proposed project is consistent with the goals and policies of the Newport Beach General Plan and 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. 2. Code Amendments are legislative acts. Neither the City Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. 3. The amendment would ensure consistent zoning and allow for the proposed Back Bay Landing PCDP to regulate development of the entire site. SECTION 4. DECISION. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Zoning Map of the Newport Beach Zoning Code (Title 20) shall be amended to expand the boundaries of PC -9 to include: 1) the 0.304 -acre lot line adjustment City Council Ordinance No. 2014 -3 Page 4 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), as provided in Exhibit "A ", with all other provisions of the existing Zoning Map remaining unchanged. SECTION 2: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC201 1 -011). This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 11, 2014, and adopted on February 25, 2014, by the following vote, to wit: AYES, COUNCILMEMBERS Gardner, Petros, Curry, Selich, Henn, Daigle, Mayor Hill NOES, COUNCILMEMBERS None ABSENT COTRCILMEMBERS RUSH N. HILL. It. MAYOR ATTEST, LE(LANI 1, BROWN, CITY CLERK APPROVED AS TO FORM: "'e AT,T=RNEY'S FI CE 7 AARON C. HARP, CITY AT* dl`MY City Council Ordinance No. 2014-3 Page 5 EXHIBIT A CODE AMENDMENT CA2013-009 CM ft ft M PC ft I - MHP CG Om OP O O W"ll, CA2013-009 (PA2011-216) I Zoning Code Amendment 300 Coast Hwy E Name: PA2011-216CA2013-009 Ord Exhibit 200 400 Feet -I,,- N 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. 2014 -3 was duly and regularly introduced on the 11th day of February, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th 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 26th day of February, 2014. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } 9;'-'Lt F04r® dk� City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -3 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 daily newspaper of general circulation on the following dates: Introduced Ordinance: February 15, 2014 Adopted Ordinance: March 1, 2014 2014. In witness whereof, I have hereunto subscribed my name this '" day of Mar(k