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HomeMy WebLinkAbout5.0 - General Plan Land Use Element Correction - Newport Coast - PA2006-159 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 21, 2015 Meeting Agenda Item 5 SUBJECT: General Plan Land Use Element Correction - Newport Coast (PA2006-159) PLANNER: Gregg Ramirez, Senior Planner 949-644-3219, gramirez@newportbeachca.gov PROJECT SUMMARY During the 2014 Land Use Element Amendment project, staff identified an error in Land Use Element Table LU2 - Anomaly Locations. The 2006 General Plan update failed to accurately account for all the allowed development capacity in Anomaly No. 60. Anomaly No. 60 is located in Newport Coast and identifies the allowed number of hotel rooms and related floor area development capacity. This recommended correction will resolve the error of fact and will make the general plan development capacity consistent with the Newport Coast Local Coastal Program and the terms of the Newport Coast Annexation and Development Agreement. RECOMMENDATION 1 ) Conduct a public hearing; and 2) Adopt Resolution No. — affirming that the proposed correction to the Land Use Element related to Anomaly No. 60 located in Newport Coast is accurate and consistent with Section 8 of City Council Resolution No. 2006-76, adopting the City of Newport Beach 2006 General Plan. INTRODUCTION The 2006 General Plan update was a comprehensive re-write of the entire General Plan. The multi-year effort culminated with voter approval of Measure V approving the update and the land use density and intensity changes in the Land Use Element. The update included land use map changes and new goals and policies, many of which are specific to several identified sub-areas including: Corona del Mar, Mariners' Mile, West Newport Mesa, Balboa Peninsula, Balboa Village, the Airport Area, and Fashion Island/Newport Center. Two sub-areas that did not include changes to development capacity were in the newly annexed Newport Coast and Newport Ridge communities. Realizing the breadth of the 2006 comprehensive General Plan update, the adopting City Council Resolution No. 2006-76 (PC Attachment No. 2) included the following 1 Land Use Element Correction — Newport Coast Planning Commission, May 21, 2015 Page 2 section which allows staff, with affirmation by the Planning Commission, to make corrections to the General Plan. Section 8. Authority to Incorporate Corrections. The City Council HEREBY DIRECTS that, given the size and complexity of the document, the General Plan text, exhibits, figures and plan map may be corrected without further amendment. This provision applies only to errors of fact, language consistency between elements and policies, calculations and/or scribe's errors. All revisions made pursuant to this section shall be reported to Planning Commission for affirmation. DISCUSSION During the recent 2014 General Plan Land Use Element Amendment project, Planning Division staff identified an error related to development capacity of Anomaly No. 60. This Anomaly location has the land use designation of Visitor Serving Commercial and includes the resort at Pelican Hill and the Marriot Newport Coast Villas in Newport Coast. Anomaly 60 indicates a development limit of 2,660,000 square feet when it should indicate a limit of 2,960,000 square feet, an increase of 300,000 square feet. The 2,150 hotel rooms indicated as included in the square footage limit is accurate. The tables below show the existing development limit and corrected limit in Table LU2 - Anomaly Locations format. Existing Anomaly No. 60 AnomalyTable LIJ2 Anomaly Statistical Land Locations Use I Development Number I Area I Designation I Limit(so Development Limit(Other Additional Information 2,150 Hotel Rooms (included in 60 N CV 2,660,000 total square footage) Revised Anomaly No. 60 AnomalyTable LL12 Anomaly Statistical Land Locations Use Development Number I Area Designation Limit(so Development Limit Other Additional Information 60 N CV 2,660,000 2,150 Hotel Rooms (included in 2,960,000 total square footage) The Newport Coast Local Coastal Program and Error of Fact The Newport Coast Local Coastal program (LCP) serves as the zoning document for Newport Coast. The LCP includes planning areas that provide land use designations, development capacity and development standards. Planning Area 13, which is identified as Anomaly 60 on the Land Use Element Figure LU 15, allows for the development of a specified number of hotel rooms and associated square footage. The LCP further indicates the allowed square footage that may be used for hotel, ballrooms, conference centers, golf clubhouses, and other related retail and commercial uses. 2 Land Use Element Correction — Newport Coast Planning Commission, May 21, 2015 Page 3 Prior to 2001, the allowed number of hotel rooms in Planning Area 13 was 1,900 with an associated 2.66 million square feet. In 2001 a Coastal Development Permit approved by the Orange County Planning Commission transferred 250 hotel rooms from Planning Area 14 (adjacent to Crystal Cove Promenade) to Planning Area 13, for a total of 2,150 hotel rooms in Planning Area 13. The County was able to approve this change through a Coastal Development Permit without amending the LCP, based on a provision within the LCP allowing the County to make certain refinements. Refer to page 7 of the Coastal Development Permit that approved the transfer of the 250 hotel rooms included as Attachment No. PC 3. Pursuant to the Newport Coast LCP, (Planning Area 14 Section 1-4-A(4)), 300,000 square feet is allocated to the 250 hotel room development and supporting commercial uses that were transferred in the 2001 County approved CDP. Prior to the 2006 General Plan Update, the City's General Plan allocated 2,150 hotel rooms for all of Statistical Area N. It did not note the specific location or the amount of square footage allocated for the hotel and hotel related uses. Therefore, in addition to including the allowed 2,150 hotel rooms included in Anomaly No. 60 with the 2006 General Plan Update, the allocated floor area for hotel rooms and supporting commercial uses should have been 2.96 million square feet, not 2.66 million square feet. The 2001 Coastal Development Permit transfer approved by the County was not fully understood by City staff back in 2006 and resulted in the square footage omission for the 250 transferred hotel rooms. See the highlighted text of Attachment No. PC 4 (Planning Area 13 and 14 Excerpt) to view the development capacity numbers in the Newport Coast LCP and the Planning Area No. 13 map. Newport Coast Annexation and Development Agreement In 2001, the Newport Coast and Newport Ridge Planned Communities were annexed to the City and Development Agreement No. 14 ("DA") between the City, the Irvine Company, and the Irvine Community Development Company was executed. The DA includes a lengthy list of obligations and commitments. Specifically related to this issue, Section 3.1.1(b) states the following: (b) The City adopts, and maintains during the term of this Agreement, general plan and zoning designations for the Property that are essentially identical to the Newport Coast Local Coastal Program, general plan and zoning designations adopted by the County and in effect as of the Effective Date. Therefore, the City is obligated to maintain the General Plan consistent with the LCP. In this case, the City's land use designation of Visitor Serving Commercial is accurate; however the accompanying development limits stated for Anomaly 60 are not, as noted above. See the highlighted text of Attachment No. PC 4 (Annexation and Development Agreement Excerpt) to view the above provision in context. 3 Land Use Element Correction — Newport Coast Planning Commission, May 21, 2015 Page 4 Chronology of Hotel Room Development Allocation 1996 The County of Orange adopts the Newport Coast LCP. The LCP allows 1,900 hotel rooms with a maximum development capacity of 2.66 million square feet for hotel rooms and associated uses in Planning Area 13. The LCP also includes 250 hotel rooms with a maximum development capacity of 300,000 square feet in Planning Area 14. October 2000 The City of Newport Beach amends the General Plan to add Newport Coast and Newport Ridge. The newly annexed area is identified as Statistical Area N in the general plan. The Estimated Growth Table for Statistical Area N includes the 2,150 hotel rooms, but does not note the 2.96 million square feet of allowed development specifically allocated to the 2,150 hotel rooms and associated commercial uses as identified in the LCP. November 2001 The City of Newport Beach enters into the Newport Coast Annexation and Development Agreement. Included in the agreement is a provision requiring that the City's General Plan and zoning essentially remain identical to the County designation in effect at the time of annexation for the term of the agreement. November 2001 County of Orange Planning Commission approves Coastal Development Permit No. PA-010079 that transfers 250 hotel rooms from Planning Area 14 to Planning Area 13. July 2006 The comprehensive General Plan Update is adopted by the City. The general plan update includes Anomaly No. 60 which is allocated 2,150 hotel rooms and 2.66 million square feet of associated development capacity. Anomaly 60 includes the correct number of hotel rooms but omits the 300,000 square feet of development capacity allocated by the LCP for the 250 hotel rooms transferred from Planning Area 14 to Planning Area 13 in 2001. The 300,000 square feet of hotel development capacity is not reflected in any other area of Newport Coast. Alternatives Should the Planning Commission determine that the recommended correction to Anomaly No. 60 is not covered by Section 8 of the City Council Resolution No. 2006-76 adopting resolution, the following alternatives are available: 1. Direct staff to provide additional information regarding the revision. Land Use Element Correction — Newport Coast Planning Commission, May 21, 2015 Page 5 2. Determine that the revision is not necessary and direct staff to retain the text and numbers as they currently appear in the General Plan. Environmental Review This correction of a factual error is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061 .b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Public Notice A noticed public hearing is not required to approve the recommended action. The agenda item has been noticed according to the Brown act (72 Hours in advance of the meeting at which the Planning Commission considers the item). Prepared by: Submitted by: i Gregg Rdirolirez Senior Planner *na i, r ICP, Deputy Director ATTACHMENTS PC 1 Draft Resolution Affirming Corrections (Including Revised Table LU2) PC 2 City Council Resolution No. 2006-76 (2006 General Plan Update) PC 3 Newport Coast LCP and PC — Planning Areas 13 and 14 Development Allocation (Excerpt) and 2001 CDP PC 4 2001 Coastal Development Permit (Excerpt) PC 5 Annexation and Development Agreement - Section 3 (Excerpt) PC 6 Land Use Element Figure LU15 (Statistical Area N — Newport Coast) V� QP �P Attachment No. PC 1 Draft Resolution Affirming Corrections (Including Revised Table 1-1-12) V� QP �P g RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH AFFIRMING A CORRECTION TO THE LAND USE ELEMENT OF THE GENERAL PLAN RELATED TO TABLE LU2 (ANOMALY LOCATIONS) AND ANOMALY NO. 60 (PA2006-159) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. The Newport Beach City Council adopted Resolution No. 2006-76 on July 25, 2006, approving a comprehensive update to the Newport Beach General Plan. 2. Pursuant to Charter Section 423 and the Measure S Guidelines, the comprehensive General Plan Update was placed on the ballot and approved by the electorate at the November 7, 2006 General Election. 3. Subsequent review has identified an error related to allowed square footage within Table L2 —Anomaly Locations and specifically Anomaly Number 60 in Newport Coast. 4. The 2006 comprehensive update did not contemplate study or approve changes to the development capacity in Newport Coast. The intent was clearly to carry forward development intensity allowed by the pre-2006 General Plan, the Newport Coast Local Coastal Plan and as required by the Newport Coast Annexation and Development Agreement. Additionally, no reductions or increases to development allocation identified in the pre-2006 General Plan or Newport Coast Coastal Land Use Plan were analyzed in the 2006 General Plan Update Final Environmental Impact Report (SCH# 200611119). 5. Section 8 of Resolution No. 2006-76 directs the Planning Division to correct errors of fact including scribe's errors, calculations and errors of fact, and report the revision to the Planning Commission for affirmation. 6. The Planning Commission considered and discussed the proposed revisions prepared by the Planning Division at its regularly scheduled meeting on May 21, 2015. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This action is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. 9 Planning Commission Resolution No. ## Page 2 of 6 SECTION 3. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1 . The Planning Commission of the City of Newport Beach hereby affirms that the corrections identified in Exhibit A meets the intent of Section 8 of City Council Resolution No. 2000-76. PASSED, APPROVED, AND ADOPTED THIS 21st DAY OF MAY, 2015. AYES: NOES: ABSTAIN: ABSENT: BY: Larry Tucker, Chairman BY: Jay Myers, Secretary 03-03-2015 10 Planning Commission Resolution No. ## Page 3 of 6 EXHIBIT "A" (See next page) 03-03-2015 22 Planning Commission Resolution No. ## Page 4 of 6 Table Anomaly Statistical Land Use Development Number Area Designation Limit(so Development Limit(Other) Additional Information 1 L4 MU-H2 460,095 471 Hotel Rooms(not included in total square footage) 2 L4 MU-H2 1,052,880 2.1 L4 MU-1-12 18,810 11,544 sf restricted to general office use only(included in total square footage) 3 L4 CO-G 734,641 4 L4 MU-1-12 250,176 5 L4 MU-1-12 32,500 6 L4 MU-1-12 46,044 7 L4 MU-1-12 81,372 8 L4 MU-1-12 442,775 9 L4 CG 120,000 164 Hotel Rooms(included in total square footage) 10 L4 MU-1-12 31,362 349 Hotel Rooms(not included in total square footage) 11 L4 CG 11,950 12 L4 MU-1-12 457,880 13 L4 CO-G 288,264 14 L4 CO-GIMU-H2 860,884 15 L4 MU-1-12 228,214 16 L4 CO-G 344,231 17 L4 MU-1-12 33,292 304 Hotel Rooms(not included in total square footage) 18 L4 CG 225,280 19 L4 CG 228,530 21 J6 CO-G 667,000 Office:660,000 sf,Retail:27,000 sf CV 300 Hotel Rooms 22 J6 CO-G 70,000 Restaurant:8000 sf,or Office:70,000 sf 23 K2 PR 15,000 24 L3 IG 89,624 25 L3 PI 84,585 26 L3 IG 33,940 27 L3 IG 86,000 28 L3 IG 110,600 29 L3 CG 47,500 30 M6 CG 54,000 31 L2 PR 75,000 32 L2 PI 34,000 Administrative Office and Support Facilitates:30,000 sf 33 M3 PI 163,680 Community Mausoleum and Garden Crypts:121,680 sf Family Mausoleums:12,000 sf 34 L1 CO-R 484,348 35 L1 CO-R 199,095 36 L1 CO-R 227,797 03-03-2015 12 Planning Commission Resolution No. ## Page 5 of 6 Table Anomaly statistical Land Use Development Number Area Designation Limit(so Development Limit(Other) Additional Information 37 L1 CO-R 131,201 2,050 Theater Seats(not included in total square footage) 38 L1 CO-M 443,627 39 L1 MU-H3 408,084 40 L1 MU-H3 1,426,634 425 Hotel Rooms(included in total Square Footage) 41 L1 CO-R 327,671 42 L1 CO-R 286,166 43 L1 CV 611 Hotel Rooms 44 L1 CR 1,619,525 1,700 Theater Seats(not included in total square footage) 45 L1 CO-G 162,364 46 L1 MU-H3/PR 3,72524 Tennis Courts Residential permitted in accordance with MU-H3. 47 L1 CG 105,000 48 L1 MU-H3 337,261 49 L1 PI 45,208 50 L1 CG 25,000 51 K1 PR 20,000 52 K1 CV 479 Hotel Rooms 53 K1 PR 567,500 See Settlement Agreement 54 J1 CM 2,000 55 H3 PI 119,440 1,343,238 990,349 sf Upper Campus In no event shall the total combined grass 56 A3 PI Floor area of both campuses exceed the 577,889 sf Lower Campus development limit of 1,343,238 sq.ft. 57 Intentionally Blank 58 J5 PR 20,000 59 H4 MU-W1 247,402 144 Dwelling Units(included in total square footage) 60 N CV 2,660,000 2,150 Hotel Rooms(included in total 2,960,000 square footage) 61 N CV 125,000 62 L2 CG 2,300 63 Gi CN 66,000 64 M3 CN 74,000 65 M5 CN 80,000 66 J2 CN 138,500 67 D2 PI 20,000 68 L3 PI 71,150 69 K2 CN 75,000 70 D2 RM-D Parking Structure for Bay Island(No Residential Units) 71 L1 CO-G 11,630 72 L1 CO-G 8,000 73 A3 CO-M 350,000 03-03-2015 13 Planning Commission Resolution No. ## Page 6 of 6 Table Anomaly Statistical Land Use Development Number Area Designation Limit(so Development Limit(Other) Additional Information 74 L1 PR 56,000 City Hall,and the administrative offices of 75 L1 PF the City of Newport Beach,and related parking,pursuant to Section 425 of the City Charter. 1.0 FAR permitted,provided all four legal 76 H1 CO-G 0.5 FAR lots are consolidated into one parcel to provide unified site design 77 H4 Cv 240,000 157 Hotel Rooms(included in total square footage) 78 B5 CM 139,840 Development limit of 19,905 sq.ft. 79 H4 CG 0.310.5 permitted,provided all six legal lots are consolidated into one parcel to provide unified site design 03-03-2015 Attachment No. PC 2 City Council Resolution No. 2006-76 (2006 General Plan Update) 15 V� QP �P 2� RESOLUTION NO. 2006-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT TO COMPREHENSIVELY UPDATE THE CITY'S GENERAL PLAN [PA2006-195] WHEREAS, Section 65300 et seq., of the California Government Code authorizes cities and counties to prepare long-range, comprehensive guides known as General Plans; and WHEREAS, the City of Newport Beach adopted a General Plan consisting of mandatory and optional elements in 1973 through 1975, consisting of text and maps; and WHEREAS, the last major revision of the City of Newport Beach General Plan was accomplished in 1988, being comprehensive revisions to the Land Use and Circulation Elements; and WHEREAS, other elements have been amended and updated from time to time, including the Housing, Noise, and Recreation and Open Space Elements; and WHEREAS, since its original adoption, two optional elements have been added to the General Plan, being the Growth Management and Harbor and Bay 4 Elements; and WHEREAS, the City Council has determined that the existing General Plan, as amended, must be revised to sufficiently address the range and breadth of issues, technological, environmental, economic, and demographic changes that have affected Newport Beach since the plan was adopted; and WHEREAS, subsequent analyses prepared by both the Planning Department and its consultants demonstrated that the City's General Plan required many other technical modifications; and WHEREAS, on May 23, 2000, the City Council initiated the comprehensive revision of Newport Beach's General Plan by establishing the Ad Hoc General Plan Update Committee to guide the process of the General Plan update; and WHEREAS, the City subsequently initiated a wide-ranging, five-year citizen participation program including a comprehensive Visioning Program, the on-going participation of the General Plan Advisory Committee and four community-wide workshops; and 17 Page 2 of 8 WHEREAS, the Visioning Program was comprised of a Visioning Festival held on January 12, 2002, nine neighborhood workshops held over successive weeks in March and April, 2002, a newsletter mail-back questionnaire, website questions and a statistically valid survey conducted in October, 2002, and the concluding Visioning Summit; and WHEREAS, the General Plan Advisory Committee was established in April, 2001, and was appointed in January, 2002; was comprised of 38 members representing a cross-section of the community; and was involved at all steps in the General Plan Update process, including over 50 meetings and three community-wide workshops; and WHEREAS, Section 707 (a) of the Newport Beach Charter requires the Planning Commission to recommend to the City Council the adoption, amendment or repeal of a Master Plan, or any part thereof, for the physical development of the City; and WHEREAS, California Government Code Section 65353 requires that, i when local regulations have authorized a Planning Commission to review and make recommendations on a proposed General Plan or amendments to a General Plan, the Commission shall hold at least one public hearing before making its recommendation; and WHEREAS, the Planning Commission conducted a series of meetings to i make recommendations on the project description on which to base the Environmental Impact Report on the following dates: September 9, 2004 December 9, 2004 May 19, 2005 June 9, 2005 August 16, 2005 — Adjourned Meeting August 30, 2005 —Adjourned Meeting November 17, 2005 WHEREAS, the Planning Commission also conducted a series of meetings to make recommendations to the City Council on the policies to be included in the various elements of the General Plan on the following dates: March 3, 2005 October 4, 2005—Adjourned Meeting October 20, 2005— Adjourned Meeting October 20, 2005 November 29, 2005— Adjourned Meeting December 6, 2005— Special Meeting January 31, 2006 — Adjourned Meeting March 9, 2006 18 Page 3 of 8 WHEREAS, the Planning Commission considered public testimony in a series of public hearings which were fully noticed as required by California Government Code Section 65090 on the following dates: April 6, 2006 April 20, 2006 May 4, 2006 May 18, 2006 June 1, 2006 —Adjourned Meeting June 15, 2006 — Special Meeting June 22, 2006 July 6, 2006 July 13, 2006 —Adjourned Meeting July 20, 2006 WHEREAS, the Planning Commission recommended approval of the draft comprehensive General Plan and the accompanying Final Environmental Impact Report; and WHEREAS, the City Council conducted a series of meetings and gave staff direction on the project description on which to base the Environmental Impact Report on the following dates: September 14, 2004 December 14, 2004 —Study Session January 11, 2005 — Study Session April 24, 2005 June 28, 2005 — Study Session August 16, 2005 — Special Meeting August 30, 2005 —Adjourned Meeting September 13, 2005 October 4, 2005 —Adjourned Meeting WHEREAS, the City Council also conducted a series of meetings and gave staff direction on the policies to be included in the various elements of the General Plan on the following dates: October 4, 2005 —Adjourned Meeting October 25, 2005 — Study Session November 8, 2005 November 22, 2005 — Study Session November 29, 2005 —Adjourned Meeting December 7, 2005 — Special Meeting January 24, 2006 — Study Session January 31, 2006 —Adjourned Meeting 1J° i Page 4 of 8 WHEREAS, the City Council considered public testimony in a series of public hearings which were fully noticed as required by California Government Code Section 65090 on the following dates: April 11, 2006 April 25, 2006 May 9, 2006 May 23, 2006 June 13, 2006 June 27, 2006 July 11, 2006 July 25, 2006 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: A. COMPREHENSIVE GENERAL PLAN SECTION 1. Adoption of Draft General Plan. The City Council HEREBY APPROVES and ADOPTS the comprehensive revision of the Newport Beach General Plan (PA 2006-195, GP2006-005), including text, graphics, and land use map as presented at the public hearing of July 25, 2006. The City Council FURTHER DECLARES as follows: a. Finding of Completeness and Adequacy. The adopted General Plan contains a thorough and adequate treatment of land use and development issues. The General Plan includes all elements mandated by California planning and development law, and three optional elements: Harbor and Bay, Historical Resources, and Arts and Cultural. The existing Growth Management Element has been incorporated into the Circulation Element. b. Promotion of Public Health, Safety, and Welfare. The plan addresses long-term planning needs for the City's public safety services, incorporating new policies regarding police, fire and emergency services protection, coastal hazards, seismic and geologic hazards, flood hazards, fire hazards, hazardous materials, aviation hazards, and disaster preparedness. C. Based on Community Vision. The plan is based on input received from residents and property and business owners during the visioning and update processes, and the Vision Statement developed at the culmination of the visioning process. d. Good City Planning Practices. The plan calls for improvements in the handling of new development by requiring a high level of architectural design quality, traffic and transportation management, and other initiatives. The plan increases open space and recreation opportunities, 20 i Page 5 of 8 recommends traffic calming and neighborhood protection strategies, and offers new policies for the first time in the areas of historical resource management, community arts and cultural resources and community design. The plan also increases housing opportunities in close proximity to and within employment centers, which will reduce traffic within the community, reduce vehicle mines traveled and improve jobs/housing balance. The plan provides a strong correlation between the Land Use and Circulation Elements as required by law. It also strengthens protections for environmental resources, including the Upper Newport Bay and other sensitive habitats. e. Improved Traffic Flow. The land use mix and circulation system improvements in the plan result in the generation of fewer trips over the life of the plan than the existing plan, and an improvement in traffic flow and intersection performance. f. Relationship to General Plan Environmental Determination. It is the intent of the Council that the General Plan update and the Final Environmental Impact Report be seen as integrally related documents. 1 . The City Council DECLARES that the issues and concerns analyzed in the Final EIR have been addressed in the General Plan as policies designed to address those issues and concerns. 2. The City Council DECLARES that adoption of this General Plan and Final EIR does not preclude the necessity or requirement for any further environmental review which would normally be conducted in conjunction with project approvals under the City of Newport Beach policies regarding the implementation of the California Environmental Quality Act. SECTION 2. Consistency with Recent Statutes. In adopting this General Plan, the City Council HEREBY FINDS, DETERMINES, and DECLARES that every reasonable effort has been made to incorporate recent legislation into the General Plan. This includes the incorporation of specific provisions, goals, objectives and policies as follows. a. Water. This includes water supplies, stormwater management and groundwater issues as required by recent legislation. b. Social Services and the Homeless. The General Plan, as adopted by Council, contains a series of specific objectives and policies with respect to the provision of social services and the homeless as provided by relevant provisions of State law. C. Environmental Review. The adopted General Plan is consistent with the provisions of Assembly Bill 3180 (1988) in that it incorporates specific 21 Page 6 of 8 mitigation measures directly in the draft General Plan as policy. The Council DECLARES that the Planning Director or his/her designee shall be the primary party responsible for successful completion of the policies specified in the plan. The Planning Department shall file an annual report with the City Council demonstrating progress toward implementation of the plan. d. Housing. The General Plan, through its housing element, provides objectives, quantified targets; and specific policies for development of i municipal housing programs consistent with State law. The Housing Element has been previously certified by the California Department of Housing and Community Development, and the updated element will be submitted for their review. The updated housing element contains substantially the same policies as the certified element, but significantly increases the number of sites available for residential development which improves the City's ability to fulfill a level of housing production needed to meet the existing and future RHNA goals for the term of the plan. SECTION 3. Consistencv with Regional Plans. The City Council FINDS and DECLARES that through its efforts to reduce vehicle trips, promote walkability, preserve and protect critical watercourses and embrace sustainable technologies, the plan is consistent with: a. The regional Air Quality Management Plan of the South Coast Air Quality Management District; b. The Southern California Association of Governments Regional Comprehensive Plan, C, Applicable adopted Airport Land Use Plan for John Wayne Airport, SECTION 4. Public Comment. The City Council AFFIRMS that it considered, to the best of its ability, all public testimony and all relevant information provided to it; and that the General Plan adopted by this resolution represents its best effort to accommodate the diverse and competing needs of residents, property owners, and social and economic components of the City's population and workforce. B. IMPLEMENTATION OF THE PLAN SECTION 5. Effective date- Voter Approval. The City Council HEREBY DIRECTS that the General Plan approved by this Resolution shall become effective in its entirety immediately upon voter approval of the Land Use Plan and Land Use Tables adopted as part of the Land Use Element of the General Plan which shall be submitted to the voters on November 7, 2006 as required by section 423 of the Newport Beach City Charter. The City Council may amend any 22 Page 7 of 8 section or provision of the General Plan other than a future initiated major amendment requiring voter approval pursuant to Charter section 423. SECTION 6. Notification of Public Agencies: Transmittal of Adopted Plans. The City Council HEREBY DIRECTS the City Clerk to transmit one copy of the approved plan to the following state, regional, and county agencies as provided by law: Air Resources Board California Department of Transportation Division of Mines and Geology Department of Housing and Community Development Governor's Office of Planning and Research Southern California Association of Governments Regional Water Quality Control Board, Santa Ana Region South Coast Air Quality Management District Orange County Transportation Authority County of Orange, Planning and Development Services Department SECTION 7. Direction to Prepare and Publish. The City Council HEREBY DIRECTS the Planning Director or designee to publish a revised edition of the General Plan containing all final revisions as bound in the copy on file with the Council and presented at the public hearing of July 25, 2005. Copies of this resolution shall be bound into the final General Plan. SECTION 8. Authority to Incorporate Corrections. The City Council HEREBY DIRECTS that, given the size and complexity of the document, the General Plan text, exhibits, figures and plan map may be corrected without further amendment. This provision applies only to errors of fact, language consistency between elements and policies, calculations and/or scribe's errors. All revisions made pursuant to this section shall be reported to Planning Commission for affirmation. SECTION 9. Annual Report. Consistent with the provisions of State law, the Planning Department shall file an annual report with the City Council demonstrating the status of the General Plan and its implementation. Upon receipt and action by the City Council, one copy shall be transmitted to the State Office of Planning and Research. SECTION 10. Zoning Ordinance Revisions. The City Council HEREBY DIRECTS the Planning Department to begin the preparation of revised zoning, subdivision and other ordinances necessary to implement the new General Plan. The City Council anticipates that pending adoption of such ordinances, persons may apply for City development permits requiring a finding of consistency with both the General Plan and zoning regulations. The Planning Commission, Planning Director and Zoning Administrator shall be authorized to consider such I 23 Page 8 of 8 requests within the limitations of the revised General Plan and existing ordinances. SECTION 11. Primacy of General Plan. The City Council HEREBY FINDS, DETERMINES, and DECLARES that once effective, the revised General Plan represents the City's officially adopted policy for the growth, land use, development, and protection of Newport Beach. Except as provided in section 10, In the event that the General Plan is found to conflict with any City statute, ordinance, policy, rule, regulation, or action, it is the intent of the City Council that the General Plan shall have precedence. SECTION 12. Statement Concerning Vested Development Rights. The City Council HEREBY FINDS, DETERMINES and DECLARES that adoption of this General Plan provides no vested rights with respect to any preceding General Plan or zoning ordinance, to any owner of property not expressly protected by an existing development agreement, land use agreement, settlement agreement or similar tool, reviewed and approved by the City Council prior to the effective date of this plan. SECTION 13. Severability. The City Council HEREBY FINDS and DECLARES that it has adopted this General Plan in its entirety. In the event that any court of competent jurisdiction declares any part of this General Plan to be null and void, the remaining portions shall remain in full force and effect. The City Council declares that it adopted this General Plan as if it had adopted each phrase, sentence and element thereof separately. SECTION 14. Passage and Adoption. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Resolution, and thereupon the same shall take effect and be in force. APPROVED AND ADOPTED this 25th day of July, 2006, by the City Council of the City of Newport Beach, California. ( D a MAYOR ATTEST: r C/ YuiyB�1�nL // / • /�7/GU7�X-(�/YJ CITY CLERK A INN CFORM\p r STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, 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 resolution, being Resolution No. 2006-76 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 25th day of July 2006,and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Mayor Webb Noes: Nichols Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the official seal of said City this 20 day of July 2006. A . 4&422 City Clerk Newport Beach, California (Seal) Q��WP0 C7u FO VL 25 V� QP �P Attachment No. PC 3 Newport Coast LCP and PC — Planning Areas 13 and 14 Development Allocation (Excerpt) 27 V� QP �P �g CRAPTER 4 DEVELOPMENT POLICIES A. TOURIST COMMTRCIAL POLICIES 1. PELICAN HILL DESTINATION RESORT (PA 13A, PA 13B, PA 13C,PA 13D, PA 13E, AND PA 13F) a. Principal permitted use for Coastal Act purposes includes overnight/resort accommodations (such as hotel and motel rooms, casitas, resort and time-share condominiums), and uses ancillary to and directly supportive of overnighttiesort accommodations, including retail commercial, service commercial, conference and meeting facilities ancillary to the accommodations, recreation and health facilities, golf courses, parking facilities in surface and/or subterranean structures, and other support facilities normally associated with resort hotels such as food preparation, housekeeping, maintenance, and manager's areas. b. Principal permitted uses and accessory uses, including accommodations, resort facilities, and the golf course clubhouse but excepting parking facilities and day-use commercial facilities specified in (c) below, shall be allowed up to a total of 2.66 million square feet. Within this total area, the following intensity of use criteria shall apply: 1) No one of the Planning Areas PA 13A, PA 13B, PA 13C, PA 13D, PA 13E, or PA 13F shall contain more than 60,000 square feet of single, continuous primary ballroom/exhibition space. ("Single, continuous primary ballroom/exhibition space" denotes one large-scale meeting/convention area and does not include the square foot- age of conference facilities with smaller individual meeting rooms.) 2) In these six Planning Areas, the total square footage of conference and meeting space, including primary ballroom/exhibition space and individual meeting rooms, shall not exceed 140,000 square feet. 3) A total of 1,900 overnight/resort accommodations are allowed. Newport Coag LCP Second Amendment December 3.1996 1-4.1 �2^ 2. LOWER WISHBONE (PA 14) a. Principal permitted use includes overnight/resort accommodations and uses ancillary to and directly supportive of overnight/resort accommodations, including rooms, retail commercial, and service commercial uses, and incidental and other support facilities normally associated with resort hotels such as food preparation, housekeeping, maintenance, and manager's areas. b. Incidental and accessory commercial development shall include only uses supporting and directly relating to the adjacent park, overnight/resort accommodations, and recreational visitor activities. c. Maximum number of overnight/resort accommodations (i.e., hotel or motel guest rooms or casitas) shall be 250. Within Planning Areas PA 13A-13F and PA 14, there shall be a maximum of 2,150 overnight/resort accommodation units. Of this total, (1) no more than 1,800 units may be individually owned; and (2) at least 350 units shall be hotel, motel or other non-individually owned, non-timesharing condominium resort accommodations. Coastal Development Permits for individually owned and timesharing condominium overnight/resort accommodations shall be conditioned to require contracting with a management company or companies to supply rental services to the project (e.g., advertising of units to the general public, taking reservations for the general public, housecleaning, guest check-in, security, etc.). d. Principal permitted uses and accessory uses, including overnight/resort accommodations and all directly supporting commercial facilities but excluding parking facilities and the day-use commercial described in (f) below, shall not exceed a total of 300,000 square feet. Within this total area, Planning Area PA 14 shall not contain more than 18,750 square feet of meeting space. e. Casitas shall be counted as follows with respect to the maximum 250 permitted overnight/resort visitor accommodations: Newport Coast LCP Second Amendmem December 3.19% 1-4.7 SO \ ti o� 5N U\ 40' it B0�35' o.. -G3C5�(' i G� 35' 40' 60' 30' i 35' llQ U� / o (�• ^ c 65 50' 0 65' U �� o is N •\ 30' 65' =' I � h N1 N Pacific CoastHighway WHES o 0@@@nd Agn@ndmGM Echibit J The Newport Coast Local Coastal Program NOT TOoSCAM DecanbW.%19% V� QP �P Attachment No. PC 4 2001 Coastal Development Permit (Excerpt) 33 V� QP �P 31{ PA 14 was anticipated, and approved for, development of up to 250 Tourist Commercial units. While the addition of the detention basin will be beneficial for both the developments within the Newport Coast and for the protection of adjacent coastal resources, due to its size, location and capacity (49 acre-feet), the addition of the basin has rendered the final increment of what had been PA 14 an infeasible development site for the original tourist commercial uses. The boundary adjustment would permit the remaining undeveloped area to be developed as 11 single-family home sites consistent with the balance of PA 3B. B. Statistical Table Update The Newport Coast LCP Second Amendment permits the adjustment of dwelling units in the Statistical Table (see exhibit 2.2 Planned Community Statistical Table - Proposed Sixth Revision, October 2001). The adjustments proposed with this CDP consist of refinements intended to reflect more accurate final development figures based upon project and permit approvals since the last update of the Table, as well as those proposed with this application. Refinements to the "Estimated Dwelling Units/Accommodations" are as follows: Table 2—Technical Refinement to Statistical Table W1nrLn?$ CurrentEstlmaf_ 'E,'E�ropo _Es 01b 5a W DwBTllr buvefl?�g n Ju�tl_I �'.:+r.tr5. COTt1(35-0{� l9fi 1C 173 171 PAO1-0079 2A 212 202 PA01-0079 2C 567 517 CP 01-0038 3B 248 296 CP 01-0039 5 156 170 CP 01-0038 13C 450* 700* PA01-0079 14 250* 0 PAO1-0079 Of the proposed refinements, two are the result of previously approved adjustments through Changed Plans (as indicated), and others stem from the subject application. These allocations place estimated dwelling units where there is development potential. The subject application would also add llunits (VTT 16269) plus 17 additional units reallocated to PA 3B, which remains well under the maximum number established by the LCP. This application would also remove the projected 250 Tourist Commercial units from PA 14, as the site is physically incapable of accommodating such a small casitas development. The removal of 250 casitas units from PA 14 does not affect the LCP's overall policy regarding the establishment of a minimum of 350 hotel or non- individually-owned over-night accommodations since those hotel units can be accommodated in other Tourist Commercial Planning Areas (13C, 13D and 13E). Coastal Development Permit PA 01-0079 October,2001 Planning Area 3B and 14 Page 7 35 V� QP �P 3C Attachment No. PC 5 Annexation and Development Agreement - Section 3 (Excerpt) 37 V� QP �P 3g 3. PRE-ANNEXATION OBLIGATIONS AND COMMITMENTS. 3.1 Annexation of Property. Consistent with and subject to the terms and conditions of this Agreement and specifically this Subsection, CITY may, in one annexation proceeding or several annexation proceedings, annex the Property under such conditions as are imposed by or through the Orange County Local Agency Formation Commission and reasonably acceptable to OWNER. Conditions shall be deemed to be reasonably acceptable to OWNER unless the conditions impair or interfere with OWNER's rights to develop or materially increase the cost of development. OWNER's consent to annexation of all or a portion of the Property is contingent on, and OWNER has reasonably relied on, CITY's commitments in Section 3 and 4 of this Agreement. 3.1.1 Annexation Before Project Completion. OWNER will support CITY's annexation of the Property in its entirety before project completion, provided that the Property may be fully developed to the full extent permitted in the Development Plan and as evidenced by satisfaction of each of the following conditions: (a) The Legislature has approved, and the Governor has signed, legislation that clarifies provisions of the Coastal Act such that annexation of the Property (1) will not alter or affect the validity and enforceability of the Newport Coast Local Coastal Program, Second Amendment, including any amendments applicable to the Property and any related coastal development permits; or (ii) deprive the County of authority to issue coastal development permits pursuant to the terms of this Agreement, any ordinance, joint powers agreement, or other mechanism that confers municipal land use authority to the County after annexation and the Newport Coast Local Coastal Program, Second Amendment or any subsequent amendments that are certified by the California Coastal Commission; (b) The City adopts, and maintains during the term of this Agreement, general plan and zoning designations for the Property that are essentially identical to the Newport Coast Local Coastal Program, general plan and zoning designations adopted by the County and in effect as of the Effective Date. (c) The City authorizes County to retain all municipal land use authority (including the issuance of building and grading permits) to the County pursuant to a cooperative agreement Page 9 of 23 3J° V� QP �P �o Attachment No. PC 6 Land Use Element Figure LU 15 (Statistical Area N — Newport Coast) 41 V� QP �P CITY of NEWPORT BEACH g GENERALPLAN Figure LU15 STATISTICAL AREAS N PF Residential Neighborhoods Single-Unit Residential Detached El Single-Und Residential Attached TwoUnitResidential M5 � F — Multiple Unit Residential MuIY le-Unit Residential Detached Commercial Districts and Corridors a .g • IPIF _ 1 cN Neighborhood Commercial M TIM dju � cc Corridor Commercial - General Commercial Visitor Serving Commercial 7t2 du i ` - Recreational and Marine Commercial o 1, Regional Commercial Commercial Office Districts o l o Ur General Commercial Office vJ° I Medical Commercial Office N - Regional Commercial off-ice Industrial Districts Industrial o ( , Airport Supporting Districts A Airport Office and Supporting Uses / _ ( Mixed-Use Districts eI Mixed Use Vertical nau-N Mixed Use Horizontal 'I a1u-w Mixed Use Water Related %• Public, Semi-Public and Institutional t Pr Public Facilities s -Private Institutions Parks and Recreation os Open Space f rs Tidelands and Submerged Lands r� i I r,+r City of Newport Beach -\_ Boundary A Statistical Area Boundary 1 N Y Land Use Delineator Line • Refer to anomaly table 0 0.5 1 Miles I LU15_NP_Coast.mxd July/2007 .Cf.3