HomeMy WebLinkAbout5.0 - General Plan Land Use Element Correction - Newport Coast - PA2006-159 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
May 21, 2015 Meeting
Agenda Item 5
SUBJECT: General Plan Land Use Element Correction - Newport Coast
(PA2006-159)
PLANNER: Gregg Ramirez, Senior Planner
949-644-3219, gramirez@newportbeachca.gov
PROJECT SUMMARY
During the 2014 Land Use Element Amendment project, staff identified an error in Land
Use Element Table LU2 - Anomaly Locations. The 2006 General Plan update failed to
accurately account for all the allowed development capacity in Anomaly No. 60.
Anomaly No. 60 is located in Newport Coast and identifies the allowed number of hotel
rooms and related floor area development capacity. This recommended correction will
resolve the error of fact and will make the general plan development capacity consistent
with the Newport Coast Local Coastal Program and the terms of the Newport Coast
Annexation and Development Agreement.
RECOMMENDATION
1 ) Conduct a public hearing; and
2) Adopt Resolution No. — affirming that the proposed correction to the Land Use
Element related to Anomaly No. 60 located in Newport Coast is accurate and
consistent with Section 8 of City Council Resolution No. 2006-76, adopting the City
of Newport Beach 2006 General Plan.
INTRODUCTION
The 2006 General Plan update was a comprehensive re-write of the entire General
Plan. The multi-year effort culminated with voter approval of Measure V approving the
update and the land use density and intensity changes in the Land Use Element. The
update included land use map changes and new goals and policies, many of which are
specific to several identified sub-areas including: Corona del Mar, Mariners' Mile, West
Newport Mesa, Balboa Peninsula, Balboa Village, the Airport Area, and Fashion
Island/Newport Center. Two sub-areas that did not include changes to development
capacity were in the newly annexed Newport Coast and Newport Ridge communities.
Realizing the breadth of the 2006 comprehensive General Plan update, the adopting
City Council Resolution No. 2006-76 (PC Attachment No. 2) included the following
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Land Use Element Correction — Newport Coast
Planning Commission, May 21, 2015
Page 2
section which allows staff, with affirmation by the Planning Commission, to make
corrections to the General Plan.
Section 8. Authority to Incorporate Corrections. The City Council HEREBY
DIRECTS that, given the size and complexity of the document, the General Plan text,
exhibits, figures and plan map may be corrected without further amendment. This
provision applies only to errors of fact, language consistency between elements and
policies, calculations and/or scribe's errors. All revisions made pursuant to this section
shall be reported to Planning Commission for affirmation.
DISCUSSION
During the recent 2014 General Plan Land Use Element Amendment project, Planning
Division staff identified an error related to development capacity of Anomaly No. 60.
This Anomaly location has the land use designation of Visitor Serving Commercial and
includes the resort at Pelican Hill and the Marriot Newport Coast Villas in Newport
Coast. Anomaly 60 indicates a development limit of 2,660,000 square feet when it
should indicate a limit of 2,960,000 square feet, an increase of 300,000 square feet. The
2,150 hotel rooms indicated as included in the square footage limit is accurate.
The tables below show the existing development limit and corrected limit in Table LU2 -
Anomaly Locations format.
Existing Anomaly No. 60
AnomalyTable LIJ2
Anomaly Statistical Land Locations Use I Development
Number I Area I Designation I Limit(so Development Limit(Other Additional Information
2,150 Hotel Rooms (included in
60 N CV 2,660,000 total square footage)
Revised Anomaly No. 60
AnomalyTable LL12
Anomaly Statistical Land Locations Use Development
Number I Area Designation Limit(so Development Limit Other Additional Information
60 N CV 2,660,000 2,150 Hotel Rooms (included in
2,960,000 total square footage)
The Newport Coast Local Coastal Program and Error of Fact
The Newport Coast Local Coastal program (LCP) serves as the zoning document for
Newport Coast. The LCP includes planning areas that provide land use designations,
development capacity and development standards. Planning Area 13, which is identified
as Anomaly 60 on the Land Use Element Figure LU 15, allows for the development of a
specified number of hotel rooms and associated square footage. The LCP further
indicates the allowed square footage that may be used for hotel, ballrooms, conference
centers, golf clubhouses, and other related retail and commercial uses.
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Land Use Element Correction — Newport Coast
Planning Commission, May 21, 2015
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Prior to 2001, the allowed number of hotel rooms in Planning Area 13 was 1,900 with an
associated 2.66 million square feet. In 2001 a Coastal Development Permit approved by
the Orange County Planning Commission transferred 250 hotel rooms from Planning
Area 14 (adjacent to Crystal Cove Promenade) to Planning Area 13, for a total of 2,150
hotel rooms in Planning Area 13. The County was able to approve this change through
a Coastal Development Permit without amending the LCP, based on a provision within
the LCP allowing the County to make certain refinements. Refer to page 7 of the
Coastal Development Permit that approved the transfer of the 250 hotel rooms included
as Attachment No. PC 3.
Pursuant to the Newport Coast LCP, (Planning Area 14 Section 1-4-A(4)), 300,000
square feet is allocated to the 250 hotel room development and supporting commercial
uses that were transferred in the 2001 County approved CDP. Prior to the 2006 General
Plan Update, the City's General Plan allocated 2,150 hotel rooms for all of Statistical
Area N. It did not note the specific location or the amount of square footage allocated for
the hotel and hotel related uses. Therefore, in addition to including the allowed 2,150
hotel rooms included in Anomaly No. 60 with the 2006 General Plan Update, the
allocated floor area for hotel rooms and supporting commercial uses should have been
2.96 million square feet, not 2.66 million square feet. The 2001 Coastal Development
Permit transfer approved by the County was not fully understood by City staff back in
2006 and resulted in the square footage omission for the 250 transferred hotel rooms.
See the highlighted text of Attachment No. PC 4 (Planning Area 13 and 14 Excerpt) to
view the development capacity numbers in the Newport Coast LCP and the Planning
Area No. 13 map.
Newport Coast Annexation and Development Agreement
In 2001, the Newport Coast and Newport Ridge Planned Communities were annexed to
the City and Development Agreement No. 14 ("DA") between the City, the Irvine
Company, and the Irvine Community Development Company was executed. The DA
includes a lengthy list of obligations and commitments. Specifically related to this issue,
Section 3.1.1(b) states the following:
(b) The City adopts, and maintains during the term of this Agreement, general
plan and zoning designations for the Property that are essentially identical to the
Newport Coast Local Coastal Program, general plan and zoning designations
adopted by the County and in effect as of the Effective Date.
Therefore, the City is obligated to maintain the General Plan consistent with the LCP. In
this case, the City's land use designation of Visitor Serving Commercial is accurate;
however the accompanying development limits stated for Anomaly 60 are not, as noted
above. See the highlighted text of Attachment No. PC 4 (Annexation and Development
Agreement Excerpt) to view the above provision in context.
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Land Use Element Correction — Newport Coast
Planning Commission, May 21, 2015
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Chronology of Hotel Room Development Allocation
1996 The County of Orange adopts the Newport Coast LCP. The LCP
allows 1,900 hotel rooms with a maximum development capacity of
2.66 million square feet for hotel rooms and associated uses in
Planning Area 13. The LCP also includes 250 hotel rooms with a
maximum development capacity of 300,000 square feet in Planning
Area 14.
October 2000 The City of Newport Beach amends the General Plan to add
Newport Coast and Newport Ridge. The newly annexed area is
identified as Statistical Area N in the general plan. The Estimated
Growth Table for Statistical Area N includes the 2,150 hotel rooms,
but does not note the 2.96 million square feet of allowed
development specifically allocated to the 2,150 hotel rooms and
associated commercial uses as identified in the LCP.
November 2001 The City of Newport Beach enters into the Newport Coast
Annexation and Development Agreement. Included in the
agreement is a provision requiring that the City's General Plan and
zoning essentially remain identical to the County designation in
effect at the time of annexation for the term of the agreement.
November 2001 County of Orange Planning Commission approves Coastal
Development Permit No. PA-010079 that transfers 250 hotel rooms
from Planning Area 14 to Planning Area 13.
July 2006 The comprehensive General Plan Update is adopted by the City.
The general plan update includes Anomaly No. 60 which is
allocated 2,150 hotel rooms and 2.66 million square feet of
associated development capacity. Anomaly 60 includes the correct
number of hotel rooms but omits the 300,000 square feet of
development capacity allocated by the LCP for the 250 hotel rooms
transferred from Planning Area 14 to Planning Area 13 in 2001. The
300,000 square feet of hotel development capacity is not reflected
in any other area of Newport Coast.
Alternatives
Should the Planning Commission determine that the recommended correction to
Anomaly No. 60 is not covered by Section 8 of the City Council Resolution No. 2006-76
adopting resolution, the following alternatives are available:
1. Direct staff to provide additional information regarding the revision.
Land Use Element Correction — Newport Coast
Planning Commission, May 21, 2015
Page 5
2. Determine that the revision is not necessary and direct staff to retain the text and
numbers as they currently appear in the General Plan.
Environmental Review
This correction of a factual error is covered by the general rule that the California
Environmental Quality Act (CEQA) applies only to projects that have the potential for
causing a significant effect on the environment (Section 15061 .b.3 of the State CEQA
Guidelines). It can be seen with certainty that there is no possibility that this activity will
have a significant effect on the environment. Therefore, this activity is not subject to
CEQA.
Public Notice
A noticed public hearing is not required to approve the recommended action. The
agenda item has been noticed according to the Brown act (72 Hours in advance of the
meeting at which the Planning Commission considers the item).
Prepared by: Submitted by:
i
Gregg Rdirolirez
Senior Planner *na i, r
ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution Affirming Corrections (Including Revised Table LU2)
PC 2 City Council Resolution No. 2006-76 (2006 General Plan Update)
PC 3 Newport Coast LCP and PC — Planning Areas 13 and 14 Development Allocation
(Excerpt) and 2001 CDP
PC 4 2001 Coastal Development Permit (Excerpt)
PC 5 Annexation and Development Agreement - Section 3 (Excerpt)
PC 6 Land Use Element Figure LU15 (Statistical Area N — Newport Coast)
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Attachment No. PC 1
Draft Resolution Affirming Corrections
(Including Revised Table 1-1-12)
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH AFFIRMING A CORRECTION TO
THE LAND USE ELEMENT OF THE GENERAL PLAN
RELATED TO TABLE LU2 (ANOMALY LOCATIONS) AND
ANOMALY NO. 60 (PA2006-159)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. The Newport Beach City Council adopted Resolution No. 2006-76 on July 25, 2006,
approving a comprehensive update to the Newport Beach General Plan.
2. Pursuant to Charter Section 423 and the Measure S Guidelines, the comprehensive
General Plan Update was placed on the ballot and approved by the electorate at the
November 7, 2006 General Election.
3. Subsequent review has identified an error related to allowed square footage within
Table L2 —Anomaly Locations and specifically Anomaly Number 60 in Newport Coast.
4. The 2006 comprehensive update did not contemplate study or approve changes to the
development capacity in Newport Coast. The intent was clearly to carry forward
development intensity allowed by the pre-2006 General Plan, the Newport Coast Local
Coastal Plan and as required by the Newport Coast Annexation and Development
Agreement. Additionally, no reductions or increases to development allocation
identified in the pre-2006 General Plan or Newport Coast Coastal Land Use Plan were
analyzed in the 2006 General Plan Update Final Environmental Impact Report (SCH#
200611119).
5. Section 8 of Resolution No. 2006-76 directs the Planning Division to correct errors of
fact including scribe's errors, calculations and errors of fact, and report the revision to
the Planning Commission for affirmation.
6. The Planning Commission considered and discussed the proposed revisions prepared
by the Planning Division at its regularly scheduled meeting on May 21, 2015.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This action is covered by the general rule that the California Environmental Quality Act
(CEQA) applies only to projects that have the potential for causing a significant effect on the
environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty
that there is no possibility that this activity will have a significant effect on the environment.
Therefore, this activity is not subject to CEQA.
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Planning Commission Resolution No. ##
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SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1 . The Planning Commission of the City of Newport Beach hereby affirms that the
corrections identified in Exhibit A meets the intent of Section 8 of City Council
Resolution No. 2000-76.
PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF MAY, 2015.
AYES:
NOES:
ABSTAIN:
ABSENT:
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
03-03-2015
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Planning Commission Resolution No. ##
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EXHIBIT "A"
(See next page)
03-03-2015
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Table
Anomaly Statistical Land Use Development
Number Area Designation Limit(so Development Limit(Other) Additional Information
1 L4 MU-H2 460,095 471 Hotel Rooms(not included in
total square footage)
2 L4 MU-H2 1,052,880
2.1 L4 MU-1-12 18,810 11,544 sf restricted to general office use
only(included in total square footage)
3 L4 CO-G 734,641
4 L4 MU-1-12 250,176
5 L4 MU-1-12 32,500
6 L4 MU-1-12 46,044
7 L4 MU-1-12 81,372
8 L4 MU-1-12 442,775
9 L4 CG 120,000 164 Hotel Rooms(included in total
square footage)
10 L4 MU-1-12 31,362 349 Hotel Rooms(not included in
total square footage)
11 L4 CG 11,950
12 L4 MU-1-12 457,880
13 L4 CO-G 288,264
14 L4 CO-GIMU-H2 860,884
15 L4 MU-1-12 228,214
16 L4 CO-G 344,231
17 L4 MU-1-12 33,292 304 Hotel Rooms(not included in
total square footage)
18 L4 CG 225,280
19 L4 CG 228,530
21 J6 CO-G 667,000 Office:660,000 sf,Retail:27,000 sf
CV 300 Hotel Rooms
22 J6 CO-G 70,000 Restaurant:8000 sf,or Office:70,000 sf
23 K2 PR 15,000
24 L3 IG 89,624
25 L3 PI 84,585
26 L3 IG 33,940
27 L3 IG 86,000
28 L3 IG 110,600
29 L3 CG 47,500
30 M6 CG 54,000
31 L2 PR 75,000
32 L2 PI 34,000
Administrative Office and Support
Facilitates:30,000 sf
33 M3 PI 163,680 Community Mausoleum and Garden
Crypts:121,680 sf
Family Mausoleums:12,000 sf
34 L1 CO-R 484,348
35 L1 CO-R 199,095
36 L1 CO-R 227,797
03-03-2015
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Table
Anomaly statistical Land Use Development
Number Area Designation Limit(so Development Limit(Other) Additional Information
37 L1 CO-R 131,201 2,050 Theater Seats(not included in
total square footage)
38 L1 CO-M 443,627
39 L1 MU-H3 408,084
40 L1 MU-H3 1,426,634 425 Hotel Rooms(included in total
Square Footage)
41 L1 CO-R 327,671
42 L1 CO-R 286,166
43 L1 CV 611 Hotel Rooms
44 L1 CR 1,619,525 1,700 Theater Seats(not included in
total square footage)
45 L1 CO-G 162,364
46 L1 MU-H3/PR 3,72524 Tennis Courts Residential permitted in accordance with
MU-H3.
47 L1 CG 105,000
48 L1 MU-H3 337,261
49 L1 PI 45,208
50 L1 CG 25,000
51 K1 PR 20,000
52 K1 CV 479 Hotel Rooms
53 K1 PR 567,500 See Settlement Agreement
54 J1 CM 2,000
55 H3 PI 119,440
1,343,238 990,349 sf Upper Campus In no event shall the total combined grass
56 A3 PI Floor area of both campuses exceed the
577,889 sf Lower Campus development limit of 1,343,238 sq.ft.
57 Intentionally Blank
58 J5 PR 20,000
59 H4 MU-W1 247,402 144 Dwelling Units(included in total
square footage)
60 N CV 2,660,000 2,150 Hotel Rooms(included in total
2,960,000 square footage)
61 N CV 125,000
62 L2 CG 2,300
63 Gi CN 66,000
64 M3 CN 74,000
65 M5 CN 80,000
66 J2 CN 138,500
67 D2 PI 20,000
68 L3 PI 71,150
69 K2 CN 75,000
70 D2 RM-D Parking Structure for Bay Island(No
Residential Units)
71 L1 CO-G 11,630
72 L1 CO-G 8,000
73 A3 CO-M 350,000
03-03-2015
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Table
Anomaly Statistical Land Use Development
Number Area Designation Limit(so Development Limit(Other) Additional Information
74 L1 PR 56,000
City Hall,and the administrative offices of
75 L1 PF the City of Newport Beach,and related
parking,pursuant to Section 425 of the
City Charter.
1.0 FAR permitted,provided all four legal
76 H1 CO-G 0.5 FAR lots are consolidated into one parcel to
provide unified site design
77 H4 Cv 240,000 157 Hotel Rooms(included in total
square footage)
78 B5 CM 139,840
Development limit of 19,905 sq.ft.
79 H4 CG 0.310.5 permitted,provided all six legal lots are
consolidated into one parcel to provide
unified site design
03-03-2015
Attachment No. PC 2
City Council Resolution No. 2006-76
(2006 General Plan Update)
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RESOLUTION NO. 2006-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ADOPTING AN AMENDMENT TO
COMPREHENSIVELY UPDATE THE CITY'S GENERAL
PLAN [PA2006-195]
WHEREAS, Section 65300 et seq., of the California Government Code
authorizes cities and counties to prepare long-range, comprehensive guides
known as General Plans; and
WHEREAS, the City of Newport Beach adopted a General Plan consisting
of mandatory and optional elements in 1973 through 1975, consisting of text and
maps; and
WHEREAS, the last major revision of the City of Newport Beach General
Plan was accomplished in 1988, being comprehensive revisions to the Land Use
and Circulation Elements; and
WHEREAS, other elements have been amended and updated from time
to time, including the Housing, Noise, and Recreation and Open Space
Elements; and
WHEREAS, since its original adoption, two optional elements have been
added to the General Plan, being the Growth Management and Harbor and Bay
4 Elements; and
WHEREAS, the City Council has determined that the existing General
Plan, as amended, must be revised to sufficiently address the range and breadth
of issues, technological, environmental, economic, and demographic changes
that have affected Newport Beach since the plan was adopted; and
WHEREAS, subsequent analyses prepared by both the Planning
Department and its consultants demonstrated that the City's General Plan
required many other technical modifications; and
WHEREAS, on May 23, 2000, the City Council initiated the
comprehensive revision of Newport Beach's General Plan by establishing the Ad
Hoc General Plan Update Committee to guide the process of the General Plan
update; and
WHEREAS, the City subsequently initiated a wide-ranging, five-year
citizen participation program including a comprehensive Visioning Program, the
on-going participation of the General Plan Advisory Committee and four
community-wide workshops; and
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WHEREAS, the Visioning Program was comprised of a Visioning Festival
held on January 12, 2002, nine neighborhood workshops held over successive
weeks in March and April, 2002, a newsletter mail-back questionnaire, website
questions and a statistically valid survey conducted in October, 2002, and the
concluding Visioning Summit; and
WHEREAS, the General Plan Advisory Committee was established in
April, 2001, and was appointed in January, 2002; was comprised of 38 members
representing a cross-section of the community; and was involved at all steps in
the General Plan Update process, including over 50 meetings and three
community-wide workshops; and
WHEREAS, Section 707 (a) of the Newport Beach Charter requires the
Planning Commission to recommend to the City Council the adoption,
amendment or repeal of a Master Plan, or any part thereof, for the physical
development of the City; and
WHEREAS, California Government Code Section 65353 requires that, i
when local regulations have authorized a Planning Commission to review and
make recommendations on a proposed General Plan or amendments to a
General Plan, the Commission shall hold at least one public hearing before
making its recommendation; and
WHEREAS, the Planning Commission conducted a series of meetings to i
make recommendations on the project description on which to base the
Environmental Impact Report on the following dates:
September 9, 2004
December 9, 2004
May 19, 2005
June 9, 2005
August 16, 2005 — Adjourned Meeting
August 30, 2005 —Adjourned Meeting
November 17, 2005
WHEREAS, the Planning Commission also conducted a series of
meetings to make recommendations to the City Council on the policies to be
included in the various elements of the General Plan on the following dates:
March 3, 2005
October 4, 2005—Adjourned Meeting
October 20, 2005— Adjourned Meeting
October 20, 2005
November 29, 2005— Adjourned Meeting
December 6, 2005— Special Meeting
January 31, 2006 — Adjourned Meeting
March 9, 2006
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WHEREAS, the Planning Commission considered public testimony in a
series of public hearings which were fully noticed as required by California
Government Code Section 65090 on the following dates:
April 6, 2006
April 20, 2006
May 4, 2006
May 18, 2006
June 1, 2006 —Adjourned Meeting
June 15, 2006 — Special Meeting
June 22, 2006
July 6, 2006
July 13, 2006 —Adjourned Meeting
July 20, 2006
WHEREAS, the Planning Commission recommended approval of the draft
comprehensive General Plan and the accompanying Final Environmental Impact
Report; and
WHEREAS, the City Council conducted a series of meetings and gave
staff direction on the project description on which to base the Environmental
Impact Report on the following dates:
September 14, 2004
December 14, 2004 —Study Session
January 11, 2005 — Study Session
April 24, 2005
June 28, 2005 — Study Session
August 16, 2005 — Special Meeting
August 30, 2005 —Adjourned Meeting
September 13, 2005
October 4, 2005 —Adjourned Meeting
WHEREAS, the City Council also conducted a series of meetings and
gave staff direction on the policies to be included in the various elements of the
General Plan on the following dates:
October 4, 2005 —Adjourned Meeting
October 25, 2005 — Study Session
November 8, 2005
November 22, 2005 — Study Session
November 29, 2005 —Adjourned Meeting
December 7, 2005 — Special Meeting
January 24, 2006 — Study Session
January 31, 2006 —Adjourned Meeting
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WHEREAS, the City Council considered public testimony in a series of
public hearings which were fully noticed as required by California Government
Code Section 65090 on the following dates:
April 11, 2006
April 25, 2006
May 9, 2006
May 23, 2006
June 13, 2006
June 27, 2006
July 11, 2006
July 25, 2006
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
A. COMPREHENSIVE GENERAL PLAN
SECTION 1. Adoption of Draft General Plan. The City Council HEREBY
APPROVES and ADOPTS the comprehensive revision of the Newport Beach
General Plan (PA 2006-195, GP2006-005), including text, graphics, and land use
map as presented at the public hearing of July 25, 2006. The City Council
FURTHER DECLARES as follows:
a. Finding of Completeness and Adequacy. The adopted General Plan
contains a thorough and adequate treatment of land use and development
issues. The General Plan includes all elements mandated by California
planning and development law, and three optional elements: Harbor and
Bay, Historical Resources, and Arts and Cultural. The existing Growth
Management Element has been incorporated into the Circulation Element.
b. Promotion of Public Health, Safety, and Welfare. The plan addresses
long-term planning needs for the City's public safety services,
incorporating new policies regarding police, fire and emergency services
protection, coastal hazards, seismic and geologic hazards, flood hazards,
fire hazards, hazardous materials, aviation hazards, and disaster
preparedness.
C. Based on Community Vision. The plan is based on input received from
residents and property and business owners during the visioning and
update processes, and the Vision Statement developed at the culmination
of the visioning process.
d. Good City Planning Practices. The plan calls for improvements in the
handling of new development by requiring a high level of architectural
design quality, traffic and transportation management, and other
initiatives. The plan increases open space and recreation opportunities,
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recommends traffic calming and neighborhood protection strategies, and
offers new policies for the first time in the areas of historical resource
management, community arts and cultural resources and community
design. The plan also increases housing opportunities in close proximity to
and within employment centers, which will reduce traffic within the
community, reduce vehicle mines traveled and improve jobs/housing
balance. The plan provides a strong correlation between the Land Use
and Circulation Elements as required by law. It also strengthens
protections for environmental resources, including the Upper Newport Bay
and other sensitive habitats.
e. Improved Traffic Flow. The land use mix and circulation system
improvements in the plan result in the generation of fewer trips over the
life of the plan than the existing plan, and an improvement in traffic flow
and intersection performance.
f. Relationship to General Plan Environmental Determination. It is the intent
of the Council that the General Plan update and the Final Environmental
Impact Report be seen as integrally related documents.
1 . The City Council DECLARES that the issues and concerns analyzed in
the Final EIR have been addressed in the General Plan as policies
designed to address those issues and concerns.
2. The City Council DECLARES that adoption of this General Plan and
Final EIR does not preclude the necessity or requirement for any
further environmental review which would normally be conducted in
conjunction with project approvals under the City of Newport Beach
policies regarding the implementation of the California Environmental
Quality Act.
SECTION 2. Consistency with Recent Statutes. In adopting this General
Plan, the City Council HEREBY FINDS, DETERMINES, and DECLARES that
every reasonable effort has been made to incorporate recent legislation into the
General Plan. This includes the incorporation of specific provisions, goals,
objectives and policies as follows.
a. Water. This includes water supplies, stormwater management and
groundwater issues as required by recent legislation.
b. Social Services and the Homeless. The General Plan, as adopted by
Council, contains a series of specific objectives and policies with respect
to the provision of social services and the homeless as provided by
relevant provisions of State law.
C. Environmental Review. The adopted General Plan is consistent with the
provisions of Assembly Bill 3180 (1988) in that it incorporates specific
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mitigation measures directly in the draft General Plan as policy. The
Council DECLARES that the Planning Director or his/her designee shall
be the primary party responsible for successful completion of the policies
specified in the plan. The Planning Department shall file an annual report
with the City Council demonstrating progress toward implementation of the
plan.
d. Housing. The General Plan, through its housing element, provides
objectives, quantified targets; and specific policies for development of
i municipal housing programs consistent with State law. The Housing
Element has been previously certified by the California Department of
Housing and Community Development, and the updated element will be
submitted for their review. The updated housing element contains
substantially the same policies as the certified element, but significantly
increases the number of sites available for residential development which
improves the City's ability to fulfill a level of housing production needed to
meet the existing and future RHNA goals for the term of the plan.
SECTION 3. Consistencv with Regional Plans. The City Council FINDS
and DECLARES that through its efforts to reduce vehicle trips, promote
walkability, preserve and protect critical watercourses and embrace sustainable
technologies, the plan is consistent with:
a. The regional Air Quality Management Plan of the South Coast Air Quality
Management District;
b. The Southern California Association of Governments Regional
Comprehensive Plan,
C, Applicable adopted Airport Land Use Plan for John Wayne Airport,
SECTION 4. Public Comment. The City Council AFFIRMS that it
considered, to the best of its ability, all public testimony and all relevant
information provided to it; and that the General Plan adopted by this resolution
represents its best effort to accommodate the diverse and competing needs of
residents, property owners, and social and economic components of the City's
population and workforce.
B. IMPLEMENTATION OF THE PLAN
SECTION 5. Effective date- Voter Approval. The City Council HEREBY
DIRECTS that the General Plan approved by this Resolution shall become
effective in its entirety immediately upon voter approval of the Land Use Plan and
Land Use Tables adopted as part of the Land Use Element of the General Plan
which shall be submitted to the voters on November 7, 2006 as required by
section 423 of the Newport Beach City Charter. The City Council may amend any
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section or provision of the General Plan other than a future initiated major
amendment requiring voter approval pursuant to Charter section 423.
SECTION 6. Notification of Public Agencies: Transmittal of Adopted
Plans. The City Council HEREBY DIRECTS the City Clerk to transmit one copy
of the approved plan to the following state, regional, and county agencies as
provided by law:
Air Resources Board
California Department of Transportation
Division of Mines and Geology
Department of Housing and Community Development
Governor's Office of Planning and Research
Southern California Association of Governments
Regional Water Quality Control Board, Santa Ana Region
South Coast Air Quality Management District
Orange County Transportation Authority
County of Orange, Planning and Development Services Department
SECTION 7. Direction to Prepare and Publish. The City Council
HEREBY DIRECTS the Planning Director or designee to publish a revised
edition of the General Plan containing all final revisions as bound in the copy on
file with the Council and presented at the public hearing of July 25, 2005. Copies
of this resolution shall be bound into the final General Plan.
SECTION 8. Authority to Incorporate Corrections. The City Council
HEREBY DIRECTS that, given the size and complexity of the document, the
General Plan text, exhibits, figures and plan map may be corrected without
further amendment. This provision applies only to errors of fact, language
consistency between elements and policies, calculations and/or scribe's errors.
All revisions made pursuant to this section shall be reported to Planning
Commission for affirmation.
SECTION 9. Annual Report. Consistent with the provisions of State law,
the Planning Department shall file an annual report with the City Council
demonstrating the status of the General Plan and its implementation. Upon
receipt and action by the City Council, one copy shall be transmitted to the State
Office of Planning and Research.
SECTION 10. Zoning Ordinance Revisions. The City Council HEREBY
DIRECTS the Planning Department to begin the preparation of revised zoning,
subdivision and other ordinances necessary to implement the new General Plan.
The City Council anticipates that pending adoption of such ordinances, persons
may apply for City development permits requiring a finding of consistency with
both the General Plan and zoning regulations. The Planning Commission,
Planning Director and Zoning Administrator shall be authorized to consider such
I
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Page 8 of 8
requests within the limitations of the revised General Plan and existing
ordinances.
SECTION 11. Primacy of General Plan. The City Council HEREBY
FINDS, DETERMINES, and DECLARES that once effective, the revised General
Plan represents the City's officially adopted policy for the growth, land use,
development, and protection of Newport Beach. Except as provided in section
10, In the event that the General Plan is found to conflict with any City statute,
ordinance, policy, rule, regulation, or action, it is the intent of the City Council that
the General Plan shall have precedence.
SECTION 12. Statement Concerning Vested Development Rights. The
City Council HEREBY FINDS, DETERMINES and DECLARES that adoption of
this General Plan provides no vested rights with respect to any preceding
General Plan or zoning ordinance, to any owner of property not expressly
protected by an existing development agreement, land use agreement,
settlement agreement or similar tool, reviewed and approved by the City Council
prior to the effective date of this plan.
SECTION 13. Severability. The City Council HEREBY FINDS and
DECLARES that it has adopted this General Plan in its entirety. In the event that
any court of competent jurisdiction declares any part of this General Plan to be
null and void, the remaining portions shall remain in full force and effect. The
City Council declares that it adopted this General Plan as if it had adopted each
phrase, sentence and element thereof separately.
SECTION 14. Passage and Adoption. The Mayor shall sign, and the City
Clerk shall certify to the passage and adoption of this Resolution, and thereupon
the same shall take effect and be in force.
APPROVED AND ADOPTED this 25th day of July, 2006, by the City
Council of the City of Newport Beach, California.
( D a
MAYOR
ATTEST:
r
C/ YuiyB�1�nL // / • /�7/GU7�X-(�/YJ
CITY CLERK
A
INN
CFORM\p
r
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, 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. 2006-76 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
25th day of July 2006,and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb
Noes: Nichols
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the
official seal of said City this 20 day of July 2006. A . 4&422
City Clerk
Newport Beach, California
(Seal) Q��WP0
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25
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Attachment No. PC 3
Newport Coast LCP and PC — Planning
Areas 13 and 14 Development Allocation
(Excerpt)
27
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CRAPTER 4
DEVELOPMENT POLICIES
A. TOURIST COMMTRCIAL POLICIES
1. PELICAN HILL DESTINATION RESORT (PA 13A, PA 13B, PA 13C,PA 13D, PA 13E,
AND PA 13F)
a. Principal permitted use for Coastal Act purposes includes overnight/resort accommodations
(such as hotel and motel rooms, casitas, resort and time-share condominiums), and uses
ancillary to and directly supportive of overnighttiesort accommodations, including retail
commercial, service commercial, conference and meeting facilities ancillary to the
accommodations, recreation and health facilities, golf courses, parking facilities in surface
and/or subterranean structures, and other support facilities normally associated with resort
hotels such as food preparation, housekeeping, maintenance, and manager's areas.
b. Principal permitted uses and accessory uses, including accommodations, resort facilities,
and the golf course clubhouse but excepting parking facilities and day-use commercial
facilities specified in (c) below, shall be allowed up to a total of 2.66 million square feet.
Within this total area, the following intensity of use criteria shall apply:
1) No one of the Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, or PA
13F shall contain more than 60,000 square feet of single, continuous primary
ballroom/exhibition space. ("Single, continuous primary ballroom/exhibition space"
denotes one large-scale meeting/convention area and does not include the square foot-
age of conference facilities with smaller individual meeting rooms.)
2) In these six Planning Areas, the total square footage of conference and meeting space,
including primary ballroom/exhibition space and individual meeting rooms, shall not
exceed 140,000 square feet.
3) A total of 1,900 overnight/resort accommodations are allowed.
Newport Coag LCP Second Amendment
December 3.1996 1-4.1 �2^
2. LOWER WISHBONE (PA 14)
a. Principal permitted use includes overnight/resort accommodations and uses ancillary to and
directly supportive of overnight/resort accommodations, including rooms, retail
commercial, and service commercial uses, and incidental and other support facilities
normally associated with resort hotels such as food preparation, housekeeping,
maintenance, and manager's areas.
b. Incidental and accessory commercial development shall include only uses supporting and
directly relating to the adjacent park, overnight/resort accommodations, and recreational
visitor activities.
c. Maximum number of overnight/resort accommodations (i.e., hotel or motel guest rooms
or casitas) shall be 250. Within Planning Areas PA 13A-13F and PA 14, there shall be
a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than
1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or
other non-individually owned, non-timesharing condominium resort accommodations.
Coastal Development Permits for individually owned and timesharing condominium
overnight/resort accommodations shall be conditioned to require contracting with a
management company or companies to supply rental services to the project (e.g.,
advertising of units to the general public, taking reservations for the general public,
housecleaning, guest check-in, security, etc.).
d. Principal permitted uses and accessory uses, including overnight/resort accommodations
and all directly supporting commercial facilities but excluding parking facilities and the
day-use commercial described in (f) below, shall not exceed a total of 300,000 square feet.
Within this total area, Planning Area PA 14 shall not contain more than 18,750 square feet
of meeting space.
e. Casitas shall be counted as follows with respect to the maximum 250 permitted
overnight/resort visitor accommodations:
Newport Coast LCP Second Amendmem
December 3.19% 1-4.7
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Attachment No. PC 4
2001 Coastal Development Permit
(Excerpt)
33
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31{
PA 14 was anticipated, and approved for, development of up to 250 Tourist Commercial
units.
While the addition of the detention basin will be beneficial for both the developments
within the Newport Coast and for the protection of adjacent coastal resources, due to its
size, location and capacity (49 acre-feet), the addition of the basin has rendered the final
increment of what had been PA 14 an infeasible development site for the original tourist
commercial uses. The boundary adjustment would permit the remaining undeveloped
area to be developed as 11 single-family home sites consistent with the balance of PA 3B.
B. Statistical Table Update
The Newport Coast LCP Second Amendment permits the adjustment of dwelling units in
the Statistical Table (see exhibit 2.2 Planned Community Statistical Table - Proposed
Sixth Revision, October 2001). The adjustments proposed with this CDP consist of
refinements intended to reflect more accurate final development figures based upon
project and permit approvals since the last update of the Table, as well as those proposed
with this application. Refinements to the "Estimated Dwelling Units/Accommodations"
are as follows:
Table 2—Technical Refinement to Statistical Table
W1nrLn?$ CurrentEstlmaf_ 'E,'E�ropo _Es 01b
5a W DwBTllr buvefl?�g n Ju�tl_I
�'.:+r.tr5. COTt1(35-0{� l9fi
1C 173 171 PAO1-0079
2A 212 202 PA01-0079
2C 567 517 CP 01-0038
3B 248 296 CP 01-0039
5 156 170 CP 01-0038
13C 450* 700* PA01-0079
14 250* 0 PAO1-0079
Of the proposed refinements, two are the result of previously approved adjustments
through Changed Plans (as indicated), and others stem from the subject application.
These allocations place estimated dwelling units where there is development potential.
The subject application would also add llunits (VTT 16269) plus 17 additional units
reallocated to PA 3B, which remains well under the maximum number established by the
LCP. This application would also remove the projected 250 Tourist Commercial units
from PA 14, as the site is physically incapable of accommodating such a small casitas
development. The removal of 250 casitas units from PA 14 does not affect the LCP's
overall policy regarding the establishment of a minimum of 350 hotel or non-
individually-owned over-night accommodations since those hotel units can be
accommodated in other Tourist Commercial Planning Areas (13C, 13D and 13E).
Coastal Development Permit PA 01-0079 October,2001
Planning Area 3B and 14 Page 7
35
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3C
Attachment No. PC 5
Annexation and Development Agreement
- Section 3 (Excerpt)
37
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3. PRE-ANNEXATION OBLIGATIONS AND COMMITMENTS.
3.1 Annexation of Property. Consistent with and subject to the terms
and conditions of this Agreement and specifically this Subsection, CITY
may, in one annexation proceeding or several annexation proceedings,
annex the Property under such conditions as are imposed by or through the
Orange County Local Agency Formation Commission and reasonably
acceptable to OWNER. Conditions shall be deemed to be reasonably
acceptable to OWNER unless the conditions impair or interfere with
OWNER's rights to develop or materially increase the cost of development.
OWNER's consent to annexation of all or a portion of the Property is
contingent on, and OWNER has reasonably relied on, CITY's commitments
in Section 3 and 4 of this Agreement.
3.1.1 Annexation Before Project Completion. OWNER will support
CITY's annexation of the Property in its entirety before project
completion, provided that the Property may be fully developed
to the full extent permitted in the Development Plan and as
evidenced by satisfaction of each of the following conditions:
(a) The Legislature has approved, and the Governor has
signed, legislation that clarifies provisions of the Coastal Act
such that annexation of the Property (1) will not alter or affect
the validity and enforceability of the Newport Coast Local
Coastal Program, Second Amendment, including any
amendments applicable to the Property and any related
coastal development permits; or (ii) deprive the County of
authority to issue coastal development permits pursuant to
the terms of this Agreement, any ordinance, joint powers
agreement, or other mechanism that confers municipal land
use authority to the County after annexation and the Newport
Coast Local Coastal Program, Second Amendment or any
subsequent amendments that are certified by the California
Coastal Commission;
(b) The City adopts, and maintains during the term of this
Agreement, general plan and zoning designations for the
Property that are essentially identical to the Newport Coast
Local Coastal Program, general plan and zoning designations
adopted by the County and in effect as of the Effective Date.
(c) The City authorizes County to retain all municipal land use
authority (including the issuance of building and grading
permits) to the County pursuant to a cooperative agreement
Page 9 of 23
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Attachment No. PC 6
Land Use Element Figure LU 15
(Statistical Area N — Newport Coast)
41
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CITY of NEWPORT BEACH
g
GENERALPLAN
Figure LU15
STATISTICAL AREAS
N
PF
Residential Neighborhoods
Single-Unit Residential Detached
El Single-Und Residential Attached
TwoUnitResidential
M5 � F — Multiple Unit Residential
MuIY le-Unit Residential Detached
Commercial Districts and Corridors
a
.g • IPIF _ 1 cN Neighborhood Commercial
M TIM dju
� cc Corridor Commercial
- General Commercial
Visitor Serving Commercial
7t2 du i ` - Recreational and Marine
Commercial
o 1, Regional Commercial
Commercial Office Districts
o l o Ur General Commercial Office
vJ° I Medical Commercial Office
N - Regional Commercial off-ice
Industrial Districts
Industrial
o ( ,
Airport Supporting Districts
A Airport Office and Supporting Uses
/ _ ( Mixed-Use Districts
eI Mixed Use Vertical
nau-N Mixed Use Horizontal
'I a1u-w Mixed Use Water Related
%• Public, Semi-Public and Institutional
t
Pr Public Facilities
s -Private Institutions
Parks and Recreation
os Open Space
f rs Tidelands and Submerged Lands
r�
i I r,+r City of Newport Beach
-\_ Boundary
A Statistical Area
Boundary 1 N Y
Land Use Delineator Line
• Refer to anomaly table
0 0.5 1 Miles
I
LU15_NP_Coast.mxd July/2007 .Cf.3