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HomeMy WebLinkAbout1527 - RECOMMEND TO ADOPT CA_ESTABLISHING A SPR OVERLAY _COASTAL BLUFF PROPERTIES IN CORONA DEL MAR.RESOLUTION NO. 1527 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THAT THE CITY COUNCIL ADOPT AMENDMENT NO. 908 TO AMEND THE ZONING DISTRICT MAP NOS. 16,17 & 18 ESTABLISHING A SITE PLAN OVERLAY REVIEW DISTRICT FOR COASTAL BLUFF PROPERTIES IN CORONA DEL MAR WHEREAS, Land Use Element Development Policy D states that the siring of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural landforms along bh�ffs and cliffs; and WHEREAS, the Newport Beach Local Coastal Program states that natural bluffs constitute a significant scenic resource and environmental resource andiii an effort to preserve these unique landforms, development shall be designed to minimize the alteration of natural landforms along bluff and cliffs. WHEREAS, recent development proposals in the Corona del Mar area have requested significant alteration of coastal bluff resources, and present development trends suggest that additional projects will follow that may request significant alteration of coastal bluffs. There is every reason to believe that this trend will continue given the good economic climate and general prosperity of the community. The cumulative effect of new development could significantly alter the coastal bluffs contrary to preservation policies and should be evaluated by the city through a discretionary process to ensure consistent application of the coastal bluff preservation policies; and, WHEREAS, existing development regulations and review processes contained in the Zoning Ordinance do not directly support or implement coastal bluff preservation policies adequately. Due to pending and anticipated projects along coastal bluffs, the loss of significant environmental resources may result which will negatively impact the community's welfare. Applying the Site Plan Overlay designation to the coastal bluff properties will require review of projects which could have a possibility to impact coastal bluff resources and public views. The review of these projects pursuant to the Site Plan Review provisions of Title 20 (Zoning) will provide the city the ability to exercise discretion in the implementation of existing General Plan and Local Coastal Program policies; and, WHEREAS, in conjunction with the consideration of the subject amendment to the Zoning Code, the proposed amendment has been determined to be Categorically Exempt from California Environmental Quality Act (CEQA), and the State CEQA Guidelines pursuant to Section 15307 and 15308 which exempt regulatory activities designed to preserve and protect natural resources or the environment. Planning Commission Resolution No. 1527 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council adopt the attached ordinance amending Zone Districting Map Nos. #16, #17 & #18 of the City of Newport Beach to combine the Site Plan Review Overlay (SPR) designation to the existing zoning designation of coastal bluff properties located within Corona Del Mar identified in Exhibit "A" attached to the proposed ordinance. 11-11 ADOPTED this nth day of April 2001, by the following vote, to wit: BY: Steven Kise ecretary AYES: McDaniel.—Kiser, Aeaianian, Selich, Gifford. Kranzlev and Tucker NOES: None ABSENT None ORDINANCE NO. 2001- A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AMENDMENT NO. 908 TO AMEND THE ZONING DISTRICT MAP NOS. 16, 17 & 18 ESTABLISHING A SITE PLAN OVERLAY REVIEW DISTRICT FOR COASTAL BLUFF PROPERTIES IN CORONA DEL MAR WHEREAS, Section 20.94 of the Municipal Code of the City of Newport Beach provides that Title 20 (Zoning Code) may be amended by changing the zoning designation of Districts and other provisions whenever the public necessity and convenience and the public welfare require such an amendment; and WHEREAS, Section 20.94.020 of the Newport Beach Municipal Code provides that amendments to amend Title 20 must be approved by the Planning Commission and a written report setting forth full particulars of the amendment shall be forwarded to the City Council for consideration; and, WHEREAS, pursuant to Section 20.94, the Planning Commission has held a duly noticed public hearing on April 5, 2001 to consider Amendment No. 908 and at the conclusion of said meeting, the Planning Commission adopted a Resolution No. ; and, WHEREAS, pursuant to Section 20.94, the City Council has held a duly noticed public hearing on , 2001 to consider the adoption of Amendment No. 908. WHEREAS, Land Use Element Development Policy D states that the siting of new buildings and structures shall be controlled and regulated to insure, to the extent practical, the preservation of public views, the preservation of unique natural resources, and to minimize the alteration of natural land forms along bluffs and cliffs; and WHEREAS, the Newport Beach Local Coastal Program states that natural bluffs constitute a significant scenic resource and environmental resource and in an effort to preserve these unique landforms, development shall be designed to minimize the alteration of natural landforms along bluff and cliffs; and, Ordinance No. 2001 -_ Page 2 of 3 WHEREAS, recent development proposals in the Corona del Mar area have requested significant alteration of coastal bluff resources, and present development trends suggest that additional projects will follow that may request significant alteration of coastal bluffs. There is every reason to believe that this trend will continue given the good economic climate and general prosperity of the community. The cumulative effect of new development could significantly alter the coastal bluffs contrary to preservation policies and should be evaluated by the city through a discretionary process to ensure consistent application of the coastal bluff preservation policies; and, WHEREAS, existing development regulations and review processes contained in the Zoning Ordinance do not directly support or implement coastal ,)',sluff preservation policies adequately. Due to pending and anticipated projects along coastal bluffs, the loss of significant environmental resources may result which will negatively impact the community's welfare. Applying the Site Plan Overlay designation to the coastal bluff properties will require review of projects, which could have a possibility to impact coastal bluff resources and public views. The review of these projects pursuant to the Site Plan Review provisions of Title 20 (Zoning) will provide the city the ability to exercise discretion in the implementation of existing General Plan and Local Coastal Program policies; and, WHEREAS, in conjunction with the consideration of the subject amendment to the Zoning Code, the proposed amendment has been detemlined to be Categorically Exempt from California Environmental Quality Act (CEQA), and the State CEQA Guidelines pursuant to Section 15307 and 15308 which exempt regulatory activities designed to preserve and protect natural resources or the environment. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Zone Districting Map Nos. #16, #17 & #18 of the City of Newport Beach shall be amended to combine the Site Plan Review Overlay (SPR) designation to the existing zoning designation of coastal bluff properties located within Corona Del Mar identified in Exhibit "A" attached hereto. Ordinance No. 2001 - Page 3 of 3 Section 2: Projects that have a vested right to proceed with construction or have been approved by the Planning Commission pursuant to a Use Permit, Variance or Site Plan Review shall not be subject to Site Plan Review pursuant to Chapter 20.92. Vested right shall mean that the project shall have performed substantial work and incurred substantial liabilities in good faith reliance on a valid building permit issued prior to the effective date of this ordinance. Section 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was introduced at a regular meeting of the City Cotli l of the City of Newport Beach held on , 2001, and was adopted on the _ day of , 2001 by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS li ,MT60 ATTEST: CITY CLERK amendment No. 9tj8 '.,N.ewQorfMarbor NMI ro• T I♦ <z;_ Site Plan Review Overlay for Coastal Bluff Properties MAP No. 1 O ..mendment No. 9ud Coro- -naDet-, State Beach Pacific Ocean =Point: . t Al Site Plan Review Overlay for Coastal Bluff Properties MAP No. 2