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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 gt_4�� A_f� D ANE B. DIXON, MAYOR ATTEST: ar ,I, 6MW�_ LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CIFT FFICE AARON -C. HARP, CITY ATTORNEY EXHIBIT A CODE AMENDMENT CA2013-009 I All m ❑NDA ISLE ���////// - " O , 0 200 400 CA2013-009 (PA2011-216) mmnmmmmK====== Feet 1 Zoning Code Amendment 300 Coast Hwy E �T® 1VL � R, Document Name: PA2011-216CA2013-009 Ord Exhibit ...... """"" 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% ao�l 0 a&— Leilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal)