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RESOLUTION NO. 2014-99 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH UPHOLDING AND AFFIRMING THE <br />PLANNING COMMISSION'S APPROVAL OF MITIGATED <br />NEGATIVE DECLARATION NO. ND2013-002 (SCH <br />NO. 2014081044) FOR BALBOA MARINA WEST LOCATED <br />AT 151 AND 201 EAST COAST HIGHWAY (PA2012-103) <br />THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br />SECTION 1. STATEMENT OF FACTS. <br />1. An application was filed by the City of Newport Beach and the Irvine Company, with <br />respect to property located at 151 and 201 East Coast Highway, to construct a new <br />public boat dock in the Newport Harbor, improve and expand the existing Balboa <br />Marina, and construct a 19,400 -square -foot marine commercial building for a yacht <br />brokerage office, public restrooms, and a restaurant. <br />2. A public hearing was held by the Planning Commission on October 2, 2014, in the <br />City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A <br />notice of time, place and purpose of the meeting was given in accordance with <br />the Newport Beach Municipal Code. Evidence, both written and oral, was <br />presented to, and considered by, the Planning Commission at this meeting. At <br />the conclusion of the public hearing, the Planning Commission approved <br />Mitigated Negative Declaration No. ND2013-002. <br />3. On October 16, 2014, the Linda Isle Homeowners Association filed an appeal of the <br />Planning Commission's approval of Mitigated Negative Declaration ND2013-002. <br />4. A public hearing was held on November 25, 2014, in the City Council Chambers at <br />100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the <br />meeting was given in accordance with the Newport Beach Municipal Code. <br />Evidence, both written and oral, was presented to, and considered by, the City <br />Council at this meeting. <br />5. Pursuant to Section 20.95.060.C, the public hearing held by the City Council was <br />conducted "de novo," meaning that it is a new hearing and the decision being <br />appealed has no force or effect as of the date the call for review was filed. <br />SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. <br />1. An Initial Study and Mitigated Negative Declaration have been prepared in <br />compliance with the California Environmental Quality Act (CEQA), the State <br />CEQA Guidelines, and City Council Policy K-3. A copy of the Initial Study and <br />Mitigated Negative Declaration is attached as Exhibit "A." <br />