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HomeMy WebLinkAbout1996 - Local Coastal Program Implementation Plan RESOLUTION NO. 1996 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL APPROVAL OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN (PA2013-001) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The California Coastal Act of 1976 (Coastal Act) established policies relating to shoreline public access and recreation, lower cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries, industrial uses, water quality, offshore oil and gas development, transportation, development design, power plants, ports, and public works. 2. In order to achieve maximum responsiveness to local conditions, accountability, and public accessibility, the Coastal Act relies heavily on local government and local land use planning procedures and enforcement through the preparation of Local Coastal Programs. 3. The Land Use Plan portion of the City of Newport Beach's (City) Local Coastal Program (LCP) was adopted in 2005 and certified by the California Coastal Commission (Coastal Commission) in 2005. However, the Implementation Plan of the LCP was not completed. 4. In 2001, the California Legislature adopted Senate Bill 516, which amended the Coastal Act to require the City to submit a LCP to the Coastal Commission for approval and certification. 5. A public hearing was held on October 8, 2015, in the Council Chambers located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code and California Public Resources Code Section 30503. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the LCP is statutorily exempt from CEQA pursuant to Section 15265(a)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act because CEQA does not apply to a local government's preparation and adoption of a local costal program. Planning Commission Resolution No. 1996 Page 2 of 4 SECTION 3. FINDINGS. 1. Pursuant to California Public Resources Code Section 30503, the City provided maximum opportunities for the public and all affected governmental agencies to participate in the preparation and certification of the LCP Implementation Plan. a. In January 2015, the City distributed the following notices announcing that a draft of the LCP Implementation Plan was available online and at all branches of the Newport Beach Public Library and inviting all interested persons to attend upcoming LCP community meetings. I. A mailer to all property owners in the coastal zone. ii. Display ads published in the Daily Pilot newspaper. iii. A news release. iv. Posting on the City's social media sites. v. A City E-mail news alert. vi. A letter mailed to community associations. vii. Notice of Availability to local governments and state and federal agencies. viii. Notice to any member of the public who so requested. b. Community meetings on the Draft Implementation Plan were conducted on February 11, 2015, February 18, 2015, February 25, 2015, and March 4, 2015. c. The Harbor Commission held a study session on the Draft Implementation Plan on May 13, 2015. d. The Planning Commission held study sessions on the Draft Implementation Plan on April 23, 2015, September 3, 2015, and September 17, 2015. e. Notice of the availability of the Public Hearing Draft of the LCP Implementation Plan and public hearings was mailed to local governments and state and federal agencies on September 23, 2015. f. Notice of public hearings was mailed to all property owners in the coastal zone. g. Notice of the Planning Commission public hearing was published in the Daily Pilot as an eighth page advertisement, consistent with the provisions of the Municipal Code. 2. Pursuant to the Coastal Act, the City actively consulted and collaborated with Coastal Commission staff during the preparation of the LCP Implementation Plan. 3. The LCP Implementation Plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with California Public Resources Code Sections 30200 et seq.) of the Coastal Act. Planning Commission Resolution No. 1996 Pacie3of4 4. The LCP Implementation Plan conforms with, and is inadequate to carry out, the provisions of the certified Coastal Land Use Plan. 5. The LCP Implementation Plan will be carried out fully in conformity with the Coastal Act. 6. The LCP Implementation Plan shall not become effective until approval by the Coastal Commission and adoption by ordinance by the City Council of the City of Newport Beach. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of the Local Coastal Program Implementation Plan as attached in Exhibit A, and incorporated herein by reference. 2. The Planning Commission recommends City Council authorization for the Community Development Director to submit the Local Coastal Program Implementation Plan to the Executive Director of the Coastal Commission for certification. PASSED, APPROVED AND ADOPTED THIS 8TH DAY OF OCTOBER, 2015. AYES: Brown, Koetting, Kramer, and Weigand NOES: None ABSTAIN: Lawler, Hillgren, and Zak ABSENT: None BY:— ori Kra r, hal BY: Peer Koetting Secreta Planning Commission Resolution No. 1996 Page 4 of 4 EXHIBIT A Draft Local Coastal Program Implementation Plan PC Draft 1 (Available separate due to bulk)