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Home My WebLink About2012-66 - RESCINDED 2012-80; Marina Park Coastal Land Use Plan Amendment; 1600 W. BalboaI N *Is] 4j 1161.. t ► 16xilL Pail A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING COASTAL LAND USE PLAN AMENDMENT NO. LC2012 -002, MODIFYING POLICY 4.4.2 -1 TO ALLOW AN ARCHITECTURAL TOWER AT 1600 WEST BALBOA BOULEVARD (PA2012 -079) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. Between 2007 and 2009, working with residents, the citizen group Protect our Parks, the Harbor Commission and the 9- member Council /Citizens Advisory Committee, the City developed the plan to replace the current mobile home park between 18th Street and 15th Street along West Balboa Boulevard with a visitor - serving use. 2. The Marina Park Committee was formed to oversee the design of the project and advise the Council regarding the community and stakeholder interests. The Marina Park Committee conducted fourteen public meetings between 2009 and 2011. 3. In March 2009, the City Council approved the concept plan for a visitor - serving marina, a community building, a sailing center building that included a 71 -foot high architectural tower, a new Girl Scout meeting house, parking, a tot play area, restrooms, and lots of open grassy space for picnicking. 4. The Marina Park Project Environmental Impact Report (EIR) (SCH # 2008051096) was certified to the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 on May 11, 2010. 5. The project was submitted for approval and permitting by the California Coastal Commission and was conditionally approved on June 13, 2012. Approval was conditioned to reduce the height of the architectural tower to 35 feet. 6. In accordance with California Code of Regulations, Section 13515[c], notice of availability of the proposed amendment to the Coastal Land Use Plan was mailed to: 1) members of the public requesting such notices; 2) contiguous and affected local governments; 3) various regional, state, and federal agencies, and 4) local libraries and media. 7. The Planning Commission conducted a public hearing on July 5, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. At the conclusion of the hearing, the Planning Commission adopted Planning Commission Resolution No. City Council Resolution No. 2012-66 Page 2 of 3 1889 recommending adoption of Coastal Land Use Plan Amendment No. LC2012- 002. 8. A public hearing was held on July 24, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The Marina Park Project Environmental Impact Report (EIR) (SCH # 2008051096) was certified to the City Council in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K -3 on May 11, 2010. 2. The 73 -foot high tower element was included in the project description analyzed in the EIR which concluded that the potential impact of the project on public views and access would be less than significant. Therefore, the EIR concluded that the project, including the tower element, was consistent with the goals and policies of the Coastal Land Use Plan and the California Coastal Act. SECTION 3. FINDINGS. 1. Amendments to the Coastal Land Use Plan are a legislative act. Neither the City nor State Planning Law set forth any required findings for either approval or denial of such amendments. 2. The amendment of the Coastal Land Use Plan will allow for a tower feature to be incorporated into the previously approved Marina Park Project. The tower, which will depict a lighthouse, is considered a critical feature of the project in that it provides an iconic element of a public facility and will assist in wayfinding for the public from land and water. 3. The analysis of the proposed project and architectural tower element demonstrate no impacts to designated public view sheds or public access. The project analysis demonstrated the project, including the 73 -foot tower element, would be in compliance with the California Coastal Act. In that the subject amendment would only allow a tower element on the subject site, the amendment is also consistent with the Coastal Act. City Council Resolution N0.2012 -66 Page 3 of 3 SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council of the City of Newport Beach hereby approves of Coastal Land Use Plan Amendment No. LC2012 -002, modifying Policy No. 4.4.2 -1 to read as follows (changes are underlined): 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 site. Marina Park located at 1600 West Balboa Boulevard: A single, up to 73 -foot tall architectural tower that does not include floor area but shall house screened communications or emergency equipment, and create an iconic landmark for the public to identify the site from land and water. 2. The Community Development Director is authorized to submit the Coastal Land Use Plan Amendment No. LC2012 -002 to the California Coastal Commission for review. 3. Coastal Land Use Plan Amendment No. LC2012 -002 shall become effective upon approval from the California Coastal Commission unless modifications to the amendment are required as a result the Coastal Commission's approval. If the California Coastal Commission approves and does not modify the amendment, no further action will be required by the City Council. If the California Coastal Commission approves a modified amendment, the amendment shall require a separate action by the City Council following Coastal Commission approval. Passed and adopted by the City Council of Newport Beach at a regular meeting held on July 24, 2012, by the following vote to wit: AYES, COUNCIL MEMBERS Henn, Rosansky, Hill, Daigle, Selich, Gardner, Curry NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS GARDNER,MAYOR ATTEST;, uVUU- LEILANI BROWN; CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani 1. 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. 2012 -66 was duly 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 24'' ay of July, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of July, 2012. 44 _ Nx- City Clerk Newport Beach, California (Seal)