HomeMy WebLinkAbout2016-7 - Approving Revised Code Amendment No. CA2013-009 for the Planned Community Known as Back Bay Landing (PA2011-216)ORDINANCE NO. 2016-7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, APPROVING REVISED
CODE AMENDMENT NO. CA2013-009 FOR THE PLANNED
COMMUNITY KNOWN AS BACK BAY LANDING (PA2011-216)
WHEREAS, on December 16, 2011, an application was filed by Bayside Village Marina,
LLC ("Applicant') with respect to an approximately 31 -acre parcel generally located north of
East Coast Highway and northwest of Bayside Drive, legally described as Parcel 1 of PM
93-111, ("Property") requesting approval of various legislative and related approvals to allow for
the future development of a mixed-use bayfront village comprising up to 94,035 square feet of
marine -related and visitor -serving commercial uses and up to 49 residential units ("Project").
The following approvals were requested or required 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 creates 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 also
changes 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 establishes 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 zoned as Bayside Village Mobile Home Park Planned Community
(PC-1/MHP); and 2) the existing 0.642 -acre portion of the project site 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 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
(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.
Ordinance No. 2016-7
Page 2 of 7
f. Traffic Stud v - A traffic study pursuant to Chapter 15.40 (Traffic Phasing Ordinance) of
the Municipal Code;
WHEREAS, 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), with a total maximum development of 139,680 square feet allowed in the 2006
General Plan;
WHEREAS, 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) in the City's Certified Coastal
Land Use Plan;
WHEREAS, the Property is currently located within the Planned Community zoning
district (PC -9) and within the Recreational and Marine (CM 0.3) zoning district for the portion
of Parcel 3 of Parcel Map 93-111 south of East Coast Highway;
WHEREAS, on November 7, 2013, the Planning Commission held a study session for
the Project in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport
Beach, on the Draft Environmental Impact Report (DEIR) and Project;
WHEREAS, the Planning Commission held a public hearing on December 19, 2013, in
the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California.
A notice of the time, place and purpose of the public hearing was provided in accordance with
the 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 this hearing;
WHEREAS, 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;
WHEREAS, the City Council held a public hearing on February 11, 2014, in the City Hall
Council Chambers, located 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 DEIR, FEIR
which consists of Responses to Comments, Corrections and Additions to DEIR (collectively,
the EIR), and MMRP, the Findings, staff report, and evidence, both written and oral, were
presented to and considered by the City Council at this hearing;
WHEREAS, on February 11, 2014, the City Council adopted Resolution No. 2014-10
certifying the FEIR No. ER2012-003 (SCH No. 2012101003) to be in compliance with the
CEQA, the State CEQA Guidelines, and City Council Policy K-3 (Certified EIR);
Ordinance No. 2016-7
Page 3 of 7
WHEREAS, on February 11, 2014, the City Council adopted: Resolution No. 2014-11
approving General Plan Amendment No. GP2011-011; Resolution No. 2014-12 approving
Coastal Land Use Plan Amendment No. LC2011-007; Resolution No. 2014-13 approving
Traffic Study No. TS2011-003; and Resolution No. 2014-14 approving Lot Line Adjustment
No. 2011-003. These resolutions were adopted but not effective until the approval of
LC2011-011 by the California Coastal Commission becomes final;
WHEREAS, on February 25, 2014, the City Council adopted Ordinance No. 2014-3
approving Code Amendment No. CA2013-009 and Ordinance No. 2014-4 approving Planned
Community Development Plan No. PC2011-001. These ordinances were adopted but not
effective until the approval of LC2011-011 by the California Coastal Commission becomes
final;
WHEREAS, on July 11, 2014, the California Coastal Commission received the City's
submittal of Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0820-2);
WHEREAS, on December 10, 2015, the California Coastal Commission certified the
City's application request (LCP-S- NPB-14-0820-2) with the suggested modifications to the
proposed CLUP amendment, including:
a. Modified the proposed CLUP land use category from Mixed -Use Horizontal (MU -H) to
Mixed Use Water -Related (MU -W). The primary difference between the two
designations is that the MU -H designation allowed free-standing residential while the
MU -W designation allows for the vertical mixed-use structures, where residential uses
are located above the ground floor. Freestanding residential units are prohibited.
b. Eliminated a proposed height exception to the 35 -foot Shoreline Height Limitation
Zone under CLUP Policy 4.4.2-1 for a single, up to 65 -foot tall coastal public view
tower.
C. Included new site specific CLUP Policies 2.1.9-2 and 2.1.9-3 requiring that the
proposed public bayfront pedestrian promenade be continuous along the waterfront
and connect the sidewalks along East Coast Highway at one end, to and along the
shoreline of Back Bay Landing and the waterfront accessway adjacent to the
mobilehome development on Parcel of Parcel Map 93-111 to the waterfront
pedestrian access at the Newport Dunes recreation area at the other (eastern) end).
d. Included a new site specific CLUP Policy 2.1.9-4 requiring that a hazards assessment
of the potential for erosion, flooding, and/or damage from natural forces be prepared
and submitted as part of the future site development review/coastal development
permit application phase of the project.
e. Included a new site specific CLUP Policy 2.1.9-5 requiring the preparation and
implementation of a shoreline management plan for the development and shoreline
areas of the site subject to tidal action, flooding, wave hazards and erosion
f. Required CLUP Coastal Access and Recreation Map 3-1 be revised to illustrate the
proposed bayfront promenade as a future waterfront public access trail and Bikeways
Ordinance No. 2016-7
Page 4 of 7
and Trail Map 2 to be revised to illustrate the proposed bike lane and trail
improvements on Bayside Drive;
WHEREAS, as a result of the Coastal Commission's action, the applicant is proposing
General Plan, Coastal Land Use Plan, Code Amendment, and Planned Community
Development Plan Amendments to modify the 2014 Council -approved land use designations
and zoning regulations to make them consistent with Coastal Commission's approval on
December 10, 2015 of the Coastal Land Use Plan Amendment with Suggested Modifications
and to expand the land use boundaries and amend the land use designations on the site to
include the revised 0.387 -acre lot line adjustment area;
WHEREAS, a revised Lot Line Adjustment is requested 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. The revision increases the lot line adjustment area from 0.304 -acres to 0.387 -
acres;
WHEREAS, on March 17, 2016, the Planning Commission held a public hearing in the
City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, at
which time the Planning Commission considered the modifications of the Amendments as a
result of the Coastal Commission's action and the applicant's request to revise the LLA and the
PCDP, the Certified EIR, and Addendum. A notice of the time, place and purpose of the
aforesaid hearing was provided in accordance with the NBMC. Evidence both written and oral
was presented to and considered by the Planning Commission during this hearing;
WHEREAS, on March 17, 2016, the Planning Commission adopted Resolution No.
2015 by a unanimous vote of 5-0, recommending adoption of the Addendum to the Back Bay
Landing Certified EIR, modifications to the previously approved Project, and Lot Line
Adjustment No. LA2016-003 to the City Council;
WHEREAS, the City Council held a public hearing April 12, 2016, in the City Hall
Council Chambers, located at 100 Civic Center Drive, Newport Beach, California. A notice of
the time, place and purpose of this hearing 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), Addendum, staff report, and evidence, both written
and oral, were presented to and considered by the City Council at the scheduled hearing;
WHEREAS, 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;
WHEREAS, 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 (Certified EIR);
Ordinance No. 2016-7
Page 5 of 7
WHEREAS, 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;
WHEREAS, the mitigation measures identified in the FOR 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;
WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, if changes
occur to a project or its circumstances, or if new information becomes available after
certification of an EIR, an addendum to the certified EIR may be prepared when the City is
not required to prepare a subsequent environmental impact report to review the changes or
new information;
WHEREAS, the City has prepared an Addendum to the Certified EIR, consistent with
the requirements of CEQA, for the Back Bay Landing project to analyze the potential
differences between the impacts in the Certified EIR and those that would be associated with
the requested modifications to the Amendments resulting from the Coastal Commission's
action;
WHEREAS, the City Council, having final approval authority over the Project, adopted
and certified as complete and adequate the Addendum to the Back Bay Landing Certified EIR
for reasons set forth in the Addendum and Resolution No. 2016-43 on April 12, 2016, which
are hereby incorporated by reference;
WHEREAS, 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;
WHEREAS, the proposed Project is consistent with the goals and policies of the
Newport Beach General Plan and Coastal Land Use Plan, as amended. The City Council
concurs with the conclusion of the consistency analysis of the proposed Project with these
goals and policies provided in the DEIR;
WHEREAS, 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; and
WHEREAS, the Code Amendment ensures consistent zoning and allows for the
proposed Back Bay Landing PCDP to regulate development of the Property.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Ordinance No. 2016-7
Page 6 of 7
The recitals provided in this ordinance are true and correct and are incorporated into the
substantive portion of this ordinance.
The City Council of the City of Newport Beach hereby rescinds Ordinance No. 2014-3.
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 0.387 -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), as provided in Exhibit "A", which is incorporated herein by reference, with all other
provisions of the existing Zoning Map remaining unchanged.
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, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
Except as expressly modified in this ordinance, all other Sections, Subsections, terms,
clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged
and shall be in full force and effect.
The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. This
ordinance shall be published pursuant to City Charter Section 414 and 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).
Ordinance No. 2016-7
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on April 12, 2016, and adopted on April 26, 2016, by the following vote, to -wit:
AYES Council Member Peotter, Council Member Selich
Council Member Curry Council Member Petros
Mayor Pro Tem Muldoon Mayor Dixon
NAYS
RECUSED Council Member Duffield
ABSENT
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D ANE B. DIXON, MAYOR
ATTEST:
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LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
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AARON -C. HARP, CITY ATTORNEY
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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 ordinance, being Ordinance
No. 2016-7 was duly and regularly introduced on the 12th day of April, 2016, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 26th day of April,
2016, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Selich, Council Member Curry, Council
Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
RECUSED: Council Member Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of April, 2016.
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
J-
Leila'ni I. Brown, MMC
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. 2016-7 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 newspaper of general circulation
on the following dates:
Introduced Ordinance: April 16, 2016
Adopted Ordinance: April 30, 2016
In witness whereof, I have hereunto subscribed my name this 10-M day of ►V V
2016.
AL1 F%
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
(Seal)