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HomeMy WebLinkAbout21 - Former City Hall Complex Land Use and Zoning Amendments for the Lido House Hotel Located at 3300 Newport Blvd and 475 32nd StCITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: November 24, 2015 Agenda Item No. 21 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov James Campbell, Principal Planner 949-644-3210, JcampbellC@newportbeachca.gov TITLE: Former City Hall Complex Land Use and Zoning Amendments for the Lido House Hotel Located at 3300 Newport Boulevard and 475 32nd Street, and Authorization of Fostering Interest in Nature Program ABSTRACT: Approval of amendments to the General Plan, Coastal Land Use Plan (CLUP) and Zoning Code for the former City Hall Complex consistent with the California Coastal Commission's suggested modifications and authorization of a new City program called Fostering Interest In Nature (FiiN) to address the Coastal Commission's requirement to mitigate the Lido House Hotel's impact on lower-cost visitor accommodations. RECOMMENDATION: a) Conduct a public hearing; b) Find that all significant environmental concerns for the proposed project have been addressed in the previously certified Lido House Hotel Final Environmental Impact Report (SCH#2013111022), and that the changes reflective of the Coastal Commission's certification of LCP-5-NPB-14-0831-3 are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent environmental analysis does not need to be prepared; C) Find the FiiN program is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; 21-1 Former City Hall Complex Amendments (PA2012-31) and Authorization of the FiiN Program November 24, 2015 Page 2 d) Adopt Resolution No. 2015-104, A Resolution of the City Council of the City of Newport Beach, California, Accepting the Suggested Modifications from the California Coastal Commission (LCP-5-NPB-14-0831-3) and Approving Revised General Plan Amendment No. GP2012-002 and Revised Coastal Land Use Plan Amendment No. LC2012-001 for the Former City Hall Complex Located at 3300 Newport Boulevard and 475 32nd Street (PA2012-031); e) Introduce Ordinance No. 2015-35, An Ordinance of the City Council of the City of Newport Beach Approving Zoning Code Amendment No. CA2012-003 for the Former City Hall Complex Located at 3300 Newport Boulevard and 475 320d Street (PA2012- 031) and pass to second reading on December 8, 2015; f) Direct staff to take the necessary steps to develop and implement a new recreation program called "Fostering Interest In Nature (FiiN)" and develop a Memorandum of Understanding with the California Coastal Commission to operate the program in accordance with Coastal Development Permit No. 5-14-1785 (CDP) for the Lido House Hotel; and g) Approve Budget Amendment No. 16BA-012, in the amount of $1,415,232 establishing a new restricted reserve fund for the FiiN Program. FUNDING REQUIREMENTS: There is no fiscal impact related to the approval of the requested amendments to the General Plan, Coastal Land Use Plan, and Zoning Code. The Budget Amendment records, appropriates, and transfers $975,000 from the General Fund to the FiiN Program Fund and recognizes developer contributions of $440,232 to the program. DISCUSSION: Background In September 2014, the City Council approved the 130 -room, Lido House Hotel project to replace the former City Hall Complex located at the northeast corner of Newport Boulevard and 32nd Street. The approval included amending the General Plan, Coastal Land Use Plan, and Zoning Code (Amendments) from public facilities to mixed use. The CLUP amendment also included changes to Policy 4.4.2-1 allowing for higher building heights. On October 7, 2015, the Coastal Commission approved the proposed CLUP amendment with suggested modifications (Attachment D). The City should accept the suggested modifications word-for-word as adopted by the Coastal Commission. 21-2 Former City Hall Complex Amendments (PA2012-31) and Authorization of the FiiN Program November 24, 2015 Page 3 Proposing additional changes would require the submission of a new application to the Coastal Commission and lead to delays in construction of the hotel. At the October meeting, the Coastal Commission also approved Coastal Development Permit No. 5-14-1785 for the Lido House Hotel. The "Notice of Intent to Issue a Permit" (the CDP) includes five standard conditions and eight special conditions (Attachment E). Special Condition No. 6 addresses lower cost overnight accommodations mitigation and a mitigation fee of $1,415,232.00. The fee would be paid to the Coastal Commission or other qualified entity to provide lower cost overnight accommodations in the area. The City proposed the FiiN program as a recreation and educational program that would include overnight accommodations at the Newport Dunes Resort. In summary, the program would provide a 4 -day, 3 -night camp experience to Title 1 elementary school children who may not otherwise have an opportunity to visit the coast. The mitigation fees are adequate for the City to operate the program for a minimum of 10 years. On November 5, 2015, the Planning Commission considered the Amendments as modified by the Coastal Commission. At the conclusion of a noticed public hearing, the Commission voted 4 Ayes, 0 Noes, 1 Recusal, 2 Absent to adopt Planning Commission Resolution No. 1999 recommending City Council approval of the proposed changes to the Amendments (Attachment F). Land Use Plan and Zoning Amendments The Coastal Commission modified the proposed CLUP land use category from Mixed Use (MU) to Visitor -Serving Commercial, Lido Village (CV -LV). The land use category proposed by the City for the project site was: .. I - Use Plan Categories Land Use Category Uses Density/Intensity The MU category is intended to provide for 98,725 sf of hotel the development of a mix of uses, which Mixed Use — MU may include general, neighborhood or visitor -serving commercial, commercial Municipal facilities are not offices, visitor accommodations, mixed-use restricted or included in any development, and/or civic uses. development limit. 21-3 Former City Hall Complex Amendments (PA2012-31) and Authorization of the FiiN Program November 24, 2015 Page 4 The Coastal Commission approved the following: .• I - • Use Plan Categories Land Use Category Uses Density/Intensity The CV -LV category is intended to allow for a range of accommodations (e.g. hotels, 98,725 gross square feet not CV -LV motels, hostels), goods, and services including a fire station. A fire Visitor -Serving intended to primarily serve visitors to the station may not occupy more Commercial — City of Newport Beach. A fire station is than 10% of the total project Lido Village allowed in its current location. Limited Use site. Overnight Visitor Accommodations and residences are not allowed. The CV -LV land use category allows for visitor -serving commercial uses including visitor accommodations and Fire Station No. 2. Timeshares or other fractional ownership accommodations and residential uses would be prohibited and the intensity limits for the hotel and fire station did not change. Coastal Land Use Policy 4.4.2-1 requires that the City maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone that is generally located near Newport Harbor and the Upper Newport Bay, with exceptions for Marina Park' and the Back Bay Landing2 projects. The Coastal Commission modified the proposed language further limiting the height of the hotel. The proposed exemption language for the project site, as approved by the City, was: "Mixed Use (MU) area located at 3300 Newport Boulevard (former City Hall Complex): Buildings and structures up to 55 feet in height, provided it is demonstrated that development does not materially impact public views. Peaks of sloping roofs and elevator towers may exceed 55 feet by up to 5 feet and architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 feet by 10 feet. The purpose of allowing buildings, structures and architectural elements to exceed 35 feet is to promote vertical clustering resulting in increased publically accessible on-site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. " Limited exemption for a lighthouse feature has been approved by the Coastal Commission 2 Limited exemption for a public viewing tower pending review by the Coastal Commission 21-4 Former City Hall Complex Amendments (PA2012-31) and Authorization of the FiiN Program November 24, 2015 Page 5 The Coastal Commission approved the following: "Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-of-way. • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment. " Although the modified language is more restrictive than that proposed by the City, it does not change the approved Lido House Hotel project and it will facilitate a future reconstructed fire station. As a result, the Planning Commission and staff have no concerns with the changes. When the City approved the CLUP amendment to mixed-use, the General Plan and Zoning Code were also amended. Given the change to the CLUP, the General Plan land use category and Zoning Code need to be modified to be consistent. Given that the intensity of use is not changing, there are no issues related to Charter Section 423 (Measure S). The changes to the allowed uses within the zoning district applicable to the project mirror the current CV (Commercial Visitor -Serving) zone. Staff has also modified the development standards relative to the more restrictive height limits imposed by the Coastal Commission. The specific changes are included with the draft resolution and ordinance (Attachments A and B). Lower Cost Visitor Accommodation Mitigation As indicated previously, the Coastal Commission imposed a mitigation fee of $1,415,232.00 on the Lido House Hotel as the Commission considered the hotel a high cost hotel that will have an impact on lower cost accommodations. The lease agreement between the City and RD Olson included provisions related to the payment of this 21-5 Former City Hall Complex Amendments (PA2012-31) and Authorization of the FiiN Program November 24, 2015 Page 6 mitigation fee. The City's responsibility is $975,000 and the remainder ($440,232) is RD Olson's responsibility. Special Condition No. 6 requires the fee to be placed in an interest bearing account in support of providing lower cost overnight visitor -serving accommodations such as RV park sites, hostel beds, tent campsites, cabins or campground units, and/or lower cost overnight accommodation opportunities in conjunction with an outdoor youth educational program, within the vicinity of Newport Beach or greater Orange County. The outdoor youth educational program referenced in the condition is the City's FiiN program that will be a recreational and educational program for disadvantaged elementary school children that might not have had an opportunity to visit the coast. The program would include overnight accommodations (3 -night stays). Staff approached Michael Gelfand, who owns and manages the Newport Dunes Resort, and he graciously agreed to host the program. The program is described in the attached proposal that was provided to the Coastal Commission (Attachment F). Staff will show a brief video presentation at the City Council meeting highlighting the program. The program would operate for 12 weeks per year between February and May. One classroom of children will be accommodated each week. The City would seek a qualified contractor to operate the program through a competitive bidding process. Recreation and Senior Services staff estimates that the program will cost approximately $110,000 per year. The program must run for a minimum of 10 years and longer if funding permits. Special Condition No. 8 requires a Memorandum of Understanding (MOU) with the Coastal Commission that will outline additional operational and financial details. Staff will request City Council authorization of the MOU when a draft is available. At this time, staff recommends the attached budget amendment be approved that will establish and fund a restrictive fund for the FiiN program to satisfy Special Condition No. 8. Once the fund is established, RD Olson will deposit their portion of the mitigation fee into the fund. Interest will accrue in accordance with the City's investment policies. Lastly, the Finance Director will manage the fund in accordance with the MOU and the Recreation and Senior Services Department will manage and operate the FiiN Program. ENVIRONMENTAL REVIEW: The City prepared and certified an Environmental Impact Report (EIR) (SCH#2013111022) for the proposed Lido House Hotel project in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Section 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Section 15000 et seq.). The analyses showed that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with 21-6 Former City Hall Complex Amendments (PA2012-31) and Authorization of the FiiN Program November 24, 2015 Page 7 the incorporation of several mitigation measures. Although the proposed amendments have changed from "mixed-use" to "visitor -serving commercial," the modified amendments do not change the development potential or allowed uses. Therefore, modifying the previously approved amendments would not result in any potential environmental impacts not previously considered in the Lido House Hotel EIR. Staff recommends the City Council find the previous certified Final EIR adequate and further find that, pursuant to CEQA Guidelines Section 15062, the changes to the project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent EIR does not need to be prepared. Staff also recommends the City Council find the actions necessary to develop and implement the FiiN program not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The FiiN program will operate at the existing Newport Dunes camping and recreational facility will not involve any physical changes to the facility or result in the expansion of the facility. NOTICING: Notice of this public hearing was published in the Daily Pilot, mailed to all owners of property within 450 feet of the boundaries of the site including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Draft Resolution Attachment B — Draft Ordinance Attachment C — Budget Amendment Attachment D — Coastal Commission letter dated October 20, 2015 Attachment E — Notice of Intent to Issue Permit Attachment F — Planning Commission Resolution No. 1999 (unsigned) Attachment G — FiiN Program Proposal 21-7 Attachment A Draft Resolution 21-8 RESOLUTION NO. 2015—## A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ACCEPTING THE SUGGESTED MODIFICATIONS FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5-NPB-14-0831- 3) AND APPROVING REVISED GENERAL PLAN AMENDMENT NO. GP2012-002 AND REVISED COASTAL LAND USE PLAN AMENDMENT NO. LC2012-001 FOR THE FORMER CITY HALL COMPLEX LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND ST (PA2012-031) WHEREAS, On April 24, 2012, the City of Newport Beach (City) initiated amendments of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code (collectively, Amendments) with respect to the former City Hall Complex (Property), legally described in Exhibit A, attached hereto and incorporated by reference, located at the northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and 475 32nd Street; WHEREAS, the Amendments change the land use categories and zoning district from Public Facilities to Mixed Use. Additionally, the CLUP amendment modifies Policy 4.4.2-1 allowing buildings to exceed the 35 -foot Shoreline Height Limit; WHEREAS, pursuant to Section 65352.3 of the California Government Code, the appropriate tribal contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on October 4, 2012. The City received an inquiry from one tribal representative. The Native American representative indicated that he could coordinate monitoring services during grading/construction if it is determined that such monitoring is required. The tribal representative did not indicate any knowledge of the presence of any significant cultural or archaeological resources on the Property. The Property is located within a highly developed area and has been completely disturbed. As such, impacts related to archaeological resources are not expected to occur. However, in the unlikely event that buried cultural resources or human remains are discovered during excavation activities, Mitigation Measure CUL -1 requires an archeologist and Native American Monitor be present during earth removal or disturbance activities related to rough grading and other excavation for utilities, and as such, a less than significant impact would occur in this regard; WHEREAS, on April 25, 2013, the City sent a surplus land notice consistent with California Government Code Section 54222. No entities expressed an interest in acquiring the Property for the development of affordable housing, parks and open space, or schools; WHEREAS, the Planning Commission held a public hearing on August 11, 2014, in the City Hall Council Chambers, 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 Draft Environmental Impact Report (DEIR), Final Environmental Impact Report (FEIR) which 21-9 RESOLUTION NO. 2015—## consists of Responses to Comments, and Mitigation Monitoring and Reporting Program (MMRP), the draft Findings and Facts in Support of Findings (Findings), Errata, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at these hearings; WHEREAS, on August 11, 2014, the Planning Commission adopted Resolution No. 1952 by a vote of 5-0 recommending certification of the Lido House Hotel Final EIR (Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014-003, SCH No. 201 31 1 1 022) the Former City Hall Amendments (PA2012-031) and Lido House Hotel (PA2013-217); WHEREAS, on August 11, 2014, the Planning Commission adopted Resolution No. 1953 by a vote of 5-0 recommending approval of the Former City Hall Amendments (Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012-031) without a mixed-use/residential component and approval of the Lido House Hotel (PA2013-217); WHEREAS, on September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California, the City Council held a public hearing to consider the Amendments and a FEIR prepared for the project. A notice of the time, place and purpose of the public hearing was provided in accordance with CEQA and the NBMC; WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the Lido House Hotel FEIR No. ER2014-003 (SCH No. 201 31 1 1 022) to be in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K- 3; WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-81 approving General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment No. LC 2012-001. These amendments were adopted contingent upon approval by the California Coastal Commission; WHEREAS, on September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting Zoning Code Amendment No. CA2013-003; WHEREAS, on September 24, 2014, the City submitted Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal Commission; WHEREAS, on October 7, 2015, the California Coastal Commission certified the City's application request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP land use category and Policy 4.4.2-1. The suggested modifications changed the proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido Village. This change in policy language allows for the same range of allowed commercial uses as the City -approved amendment and prohibits all forms of timeshares or fractional ownership visitor accommodations. The modification also does not increase development intensity beyond what the City authorized. The suggested 2 21-10 RESOLUTION NO. 2015-## modifications to CLUP Policy 4.4.2-1 provided increased setbacks from streets and limited the area and size of structures that could exceed 35 feet in height. The modification of CLUP Policy 4.4.2-1 is more restrictive than the City -approved amendment but still allows the proposed Lido House Hotel; WHEREAS, the certified FEIR showed that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures. Although the proposed amendments have changed from "mixed-use" to "visitor -serving commercial," the modified amendments: 1) do not change the development potential or intensity of use; 2) do not significantly change allowed uses; and 3) are more restrictive in terms of setbacks and structure heights. Therefore, modifying the previously approved amendments consistent with the Coastal Commission's suggested modifications are not substantial and the FEIR does not require revisions as the changes to the project do not result in new impacts or increases in the severity of impacts previously identified and addressed in the certified Lido House Hotel FEIR (SCH No. 2013111022); WHEREAS, on November 5, 2015, the Planning Commission held a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider modifications of the Amendments as a result of the Coastal Commission's action. A notice of the time, place and purpose of the hearing was provided in accordance with the NBMC. Evidence both written and oral was presented to and considered by the Planning Commission during the hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1999 by a vote of 4 ayes, 0 noes, 2 absent and 1 abstaining recommending approval of the revised Amendments making them consistent with the suggested modifications from the California Coastal Commission; WHEREAS, on November 24, 2015, the City Council held a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider the revised Amendments. A notice of the time, place and purpose of the hearing was provided in accordance with Newport Beach Municipal Code. Evidence both written and oral was presented to and considered by the City Council during the hearing; WHEREAS, amendments to the General Plan are legislative acts. Neither the City nor State Planning and Zoning Law set forth any required findings for either approval or denial of such Amendments otherwise found to be within the public interest; WHEREAS, the Property is located in proximity to commercial services, recreational uses, and transit opportunities with routine bus service provided along Newport Boulevard. The proposed General Plan Amendment provides for variety of land uses for the site including a luxury hotel that will promote revitalization of the Lido Village area while ensuring neighborhood compatibility. The proposed hotel will serve visitors and residents and increase access opportunities in the Coastal Zone; 3 21-11 RESOLUTION NO. 2015—## WHEREAS, the proposed amendment of Coastal Land Use Plan Policy 4.4.2-1, as modified as suggested by the California Coastal Commission, to provide an exception to the 35 -foot height limit of the Shoreline Height Limitation Zone is necessary and appropriate to accommodate the proposed intensity of use, significant open space on the site and the project's lack of impact to public views. This finding is based upon the public view impact analysis within Section 5.2 (Aesthetics Light/Glare) of the Lido House Hotel FEIR showing that there will not be a significant impact to protected public views from General Plan and Coastal Land Use Plan designated vantages. Additionally, there are no public views through the Property from abutting roadways and public spaces; and WHEREAS, pursuant to City Charter Section 423 and Council Policy A-18, proposed General Plan amendments are reviewed to determine if a vote of the electorate would be required because a project (separately or cumulatively with other projects in the same Statistical Area over the prior 10 years) exceeds certain thresholds provided in City Charter Section 423. The proposed General Plan Amendment is located in Statistical Area B5. This is the fifth amendment that affects Statistical Area B5 since the General Plan update in 2006. The four prior amendments are GP 2010-005, GP 2011-003, GP 2011-010, and GP 2012-005. The following table shows the increased peak hour traffic trips, dwelling units and non-residential floor area attributable to the subject amendment and eighty percent of the four prior amendments as required by City Charter Section 423, and the resulting totals. Based upon these totals, a vote of the electorate to approve the proposed General Plan Amendment for the City Hall site is not required. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council of the City of Newport Beach hereby rescinds Resolution No. 2014-81 as it is not consistent with the California Coastal Commission's certification of LCP-5-NPB-14-0831-3 with suggested modifications. Section 3: Pursuant to CEQA Guidelines Section 15062, the changes to the project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent EIR does not need to be prepared. 0 21-12 AM Peak Trips PM Peak Trips Dwelling units Non-residential floor area Prior Amendments (80%) 49 65 7 16,275 Proposed Amendment 0 0 0 23,725 Total 49 65 7 40,000 Exceed Threshold for Vote of the Electorate? No No No No NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council of the City of Newport Beach hereby rescinds Resolution No. 2014-81 as it is not consistent with the California Coastal Commission's certification of LCP-5-NPB-14-0831-3 with suggested modifications. Section 3: Pursuant to CEQA Guidelines Section 15062, the changes to the project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent EIR does not need to be prepared. 0 21-12 RESOLUTION NO. 2015-## Section 4: Pursuant to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as shown on the Exhibit B, entitled Findings and Facts in Support of Findings for the Lido House Hotel, Final Environmental Impact Report, State Clearinghouse No. 2013111022, which exhibit is incorporated herein by reference. Section 5: The City Council of the City of Newport Beach hereby approves General Plan Amendment No. GP2012-002 as depicted in Exhibit C, which is attached hereto and incorporated by reference. Section 6: The City Council of the City of Newport Beach hereby approves Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit D, which is attached hereto and incorporated by reference. Section 7: The Community Development Director is hereby directed to revise all applicable General Plan and Coastal Land Use Plan figures to reflect the changes in the land use designations upon the effective date of the amendments. Staff is also hereby directed to correct any typographical or scrivener's errors in compiling the final documentation. Section 8: The City Council of the City of Newport Beach hereby authorizes submittal of this resolution to the California Coastal Commission for a determination that it is legally adequate and consistent with the Coastal Commission's approval of LCP-5- NPB-14-0831-3. Section 9: The City's certified Coastal Land Use Plan as amended by Coastal Land Use Plan Amendment No. LC2012-001, shall be implemented in a manner fully in conformity with the California Coastal Act. Section 10: The actions contained in this resolution shall take effect automatically upon Coastal Commission action, unless the Coastal Commission proposes suggested modifications to the proposed Coastal Land Use Plan Amendment. In the event that the Coastal Commission approves the Amendment with suggested modifications, City approval of the modified Amendment shall require a separate action by the City Council following Coastal Commission approval. In this case, the Amendment would become effective upon the effective date of the Coastal Commission certification of the modified Amendment. Section 11: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional. 5 21-13 RESOLUTION NO. 2015-## Section 12: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 24" day of November, 2015. ATTEST: Leilani I. Brown, City Clerk City Clerk 0 Edward D. Selich, Mayor 21-14 EXHIBIT A Legal Description LEGAL DESCRIPTION: RESOLUTION NO. 2015-## THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. 7 21-15 RESOLUTION NO. 2015-## PARCEL 3 - THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA 21-16 RESOLUTION NO. 2015-## EXHIBIT B CALIFORNIA ENVIRONMENTAL QUALITY ACT FACTS AND FINDINGS IN SUPPORT OF THE APPROVAL OF THE FORMER CITY HALL REUSE AMENDMENTS (PA2012-031) AS MODIFIED BY THE CALIFORNIA COASTAL COMMISSION 1. INTRODUCTION The California Environmental Quality Act and the State CEQA Guidelines (collectively, CEQA), and in particular, Public Resources Code Section 21081 and Section 15091 of Title 14 of the California Code of Regulations, require that a public agency consider the significant adverse environmental impacts of a project before a project is approved and make specific findings. State CEQA Guidelines Section 15091 provides: (a) No public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR. 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency. 3. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subdivision (a) shall be supported by substantial evidence in the record. (c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially 0 21-17 RESOLUTION NO. 2015-## lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. (e) The public agency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section. Because, as explained below, all significant impacts of the Project will be reduced to less than significant levels through adoption of mitigation measures, the City is not required to also adopt a Statement of Overriding Considerations. (See CEQA Guidelines Section 15093.) Having received, reviewed, and considered the Draft Environmental Impact Report (Draft EIR) and the Final Environmental Impact Report (Final EIR) for the Lido House Hotel Project, SCH No. 2013111022 (collectively, the EIR), as well as all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) are hereby adopted by the City of Newport Beach (City) in its capacity as the CEQA Lead Agency. These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the project. These actions include the certification and/or approval of the following for the Lido House Hotel: • Environmental Impact Report No. ER2014-003 (SCH#2013111022). • General Plan Amendment No. GP2012-002 • Coastal Land Use Plan Amendment No. LC2012-001. • Code Amendment No. CA2012-003. • Site Development Review No. SD2014-001. • Use Permit No. UP2014-004. • Traffic Study No. TS2014-005. These actions are collectively referred to herein as the project. A. Document Format These Findings have been organized into the following sections: (1) Section 1 provides an introduction to these Findings. 10 21-18 RESOLUTION NO. 2015-## (2) Section 2 provides a summary of the project, overview of the discretionary actions required for approval of the project, and a statement of the project's objectives. (3) Section 3 provides a summary of previous environmental reviews related to the project area that took place prior to the environmental review done specifically for the project, and a summary of public participation in the environmental review for the project. (4) Section 4 sets forth findings regarding the environmental impacts that were determined to be—as a result of the Notice of Preparation (NOP), and consideration of comments received during the NOP comment period—either not relevant to the project or clearly not at levels that were deemed significant for consideration at the project -specific level. (5) Section 5 sets forth findings regarding significant or potentially significant environmental impacts identified in the EIR that the City has determined are either not significant or can feasibly be mitigated to a less than significant level through the imposition of Project Design Features, standard conditions, and/or mitigation measures. In order to ensure compliance and implementation, all of these measures will be included in the Mitigation Monitoring and Reporting Program (MMRP) for the project and adopted as conditions of the project by the Lead Agency. Where potentially significant impacts can be reduced to less than significant levels through adherence to Project Design Features and standard conditions, these findings specify how those impacts were reduced to an acceptable level. (6) Section 6 sets forth findings regarding alternatives to the proposed project. B. Custodian and Location of Records The documents and other materials that constitute the administrative record for the City's actions related to the project are at the City of Newport Beach Community Development Department, 100 Civic Center Drive, Newport Beach, California 92660. The City of Newport Beach is the custodian of the Administrative Record for the project. 2. PROJECT SUMMARY A. Project Location Regionally, the project site is located near the Pacific Ocean in the west -central portion of Orange County, within the City of Newport Beach. Locally, the project site is generally located at the northeast corner of the intersection of Newport Boulevard and 32nd Street on the Balboa Peninsula in the Lido Village area of the City. 11 21-19 RESOLUTION NO. 2015-## Regional access to the site is provided via State Route 55 (SR -55) and SR -1 (Pacific Coast Highway). The primary local roadways providing access to the site are Newport Boulevard, 32nd Street, and Finley Avenue. B. Project Description The proposed project consists of the requested legislative approvals (Amendments to General Plan, Coastal Land Use Plan, and Zoning Code,) for the project site, as well as related for approvals of a, Site Development Review, Conditional Use Permit and Traffic Study. In order to allow for the development of a 130 -room hotel on the project site, amendments to the General Plan and Coastal Land Use Plan are required to change the project site land use designation to a "Visitor -Serving Commercial" designation that provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed. Subsequent permits include a Coastal Development Permit from the California Coastal Commission. C. Discretionary Actions Implementation of the project will require several actions by the City, including • Certification of Environmental Impact Report No. ER2014-003 (SCH# 2013111022). An Environmental Impact Report (EIR) to evaluate the environmental impacts resulting from the proposed project, in accordance with the California Environmental Quality Act of 1970 (CEQA), as amended (Public Resources Code Sections 21000 et seq.), and the State CEQA Guidelines for Implementation of CEQA (California Code of Regulations, Title 14, Sections 15000 et seq.). • General Plan Amendment No. GP2012-002: To allow the proposed 130 -room hotel development by changing the land use designation of the site from Public Facilities (PF) to a new visitor -serving commercial land use category Visitor Serving Commercial - Lido Village (CV -LV), and establish density and intensity limits within Land Use Element Table LU2, Anomaly Locations, by establishing a new anomaly location. The CV -LV designation provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed. Approval of the General Plan Amendment will result in the creation of a new Anomaly Location within Table LU -2, as indicated below, and amend the Land Use Map to reflect the CV -LV land use designation for the project site. 12 21-20 RESOLUTION NO. 2015—## Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limit (sf) Development Limit (other) Additional Information 85 135 CV -LV 98,725 sf hotel motels, hostels), goods, and services Accessory commercial Lido Village intended to primarily serve visitors to the station may not occupy more City of Newport Beach. A fire station is floor area is allowed in allowed in its current location. Limited Use site. Overnight Visitor Accommodations and conjunction with a residences are not allowed. hotel and it is included within the hotel floor area limit. Municipal facilities are not restricted or included in any development limit. Coastal Land Use Plan Amendment No. LC2012-001: allow the development of a 130 -room hotel by changing the land use designation of the site from Public Facilities (PF) to a new Visitor -Serving Commercial - Lido Village (CV -LV) land use category, and establish density and intensity limits within Table 2.1.1-1. The proposed amendment also includes a change to Policy 4.4.2-1 to establish the policy basis for higher height limits, as described below. Table 2.1.1-1 Land Use Plan Categories Land Use Category Uses Density/intensity CV -LV The CV -LV category is intended to allow for Visitor -Serving a range of accommodations (e.g. hotels, 98,725 gross square feet not Commercial — motels, hostels), goods, and services including a fire station. A fire Lido Village intended to primarily serve visitors to the station may not occupy more City of Newport Beach. A fire station is than 10% of the total project allowed in its current location. Limited Use site. Overnight Visitor Accommodations and residences are not allowed. In order to establish a higher height limit, CLUP Policy 4.4.2-1 is also proposed to be amended to add the following exception site: "Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. 13 21-21 RESOLUTION NO. 2015-## • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right-of-way. • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment." • Code Amendment No. CA2012-003: To amend the Zoning Map of the Zoning Code to replace the existing PF zoning designation for the site with a new zone CV -LV designation (Commercial, Visitor -Serving — Lido Village) to establish density and intensity limits consistent with the proposed General Plan Amendment. Development standards and allowed uses would also be established. Approval of the Zoning Code Amendment will result in the creation of the following new mixed-use zoning district: CV -LV (Commercial, Visitor -Serving — Lido Village) Purpose: The CVLV designation applies to the former City Hall Complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The CV -LV designation provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed. Allowed Uses: A range of visitor accommodations, but no Limited Use Overnight Visitor Accommodations or residential use, commercial uses primarily intended to serve visitors and a fire station. Maximum density/intensity: 98,725 gross square feet of hotel. Municipal facilities are not restricted or included in this development limit. Structure height: up to 55 feet with a flat roof and up to 60 feet with a sloped roof. Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. 14 21-22 RESOLUTION NO. 2015—## Building setbacks: Newport Boulevard Subterranean' 1 foot Structures up to 35 feet 20 feet Structures over 35 feet 60 feet 32nd Streetz Subterranean' 1 foot Structures up to 35 feet 1 foot Structures over 35 feet 70 feet Interiorz Subterranean' 1 foot Above grade 5 feet Not more than 1 foot above abutting public sidewalk. 2 Setbacks do not apply to Fire Station No. 2 Open Space: 20% of the project site to be maintained as public open space (e.g., public plazas, pedestrian promenades, outdoor recreational spaces, patios, landscaping, etc.). Parking and other development standards: Subject to Zoning Code Development Review Process: Consistent with the Zoning Code — Site Development Review (SDR) or Planned Development Permit (PDP). The Final EIR identified all the reasonably foreseeable and potentially significant adverse environmental impacts of the Project to the public, responsible agencies, trustee agencies, and other public agencies that may be required to grant approvals and permits or coordinate with the City of Newport Beach as a part of project implementation. These agencies include, but are not limited to: • Regional Water Quality Control Board (RWQCB). The Santa Ana RWQCB would approve the project's compliance with the National Pollution Discharge Elimination System (NPDES) Statewide General Construction Activity permit (2009-0009-DWQ) and Municipal Separate Stormwater Sewer System (MS4) permit. • South Coast Air Quality Management District (SCAQMD). Future construction of the project would include demolition and construction requiring permitting by SCAQMD for Rules 201 (permit to construct), 402 (nuisance odors), 403 (fugitive dust), 1113 (architectural coatings), 1403 (asbestos emissions from demolition), and for future operation of the project, 1186 (street sweeping). • California Coastal Commission (CCC). The Coastal Commission will review the proposed Coastal Land Use Plan amendment for consistency with the California Coastal Act. After a certification the proposed amendment as consistent with the Coastal Act, the Coastal Commission would review a Coastal Development Permit application for the development and operation of the proposed Lido House Hotel. 15 21-23 RESOLUTION NO. 2015-## D. Statement of Project Objectives The statement of objectives sought by the project and set forth in the Final EIR is provided as follows: 1. Enhance Newport Beach and Lido Village by creating a highly visible, iconic development with distinctive architecture, significant landscaped areas, and focal points to serve as a gateway to the Balboa Peninsula. 2. Help implement the City's goal to revitalize Lido Village by creating a catalytic development consistent with the Lido Village Design Guidelines that enhances economic activity and contributes to Newport Beach's reputation as a premier destination for shopping and recreation. 3. Create a pedestrian oriented development that is physically well-connected to the community while not significantly increasing traffic to the site when compared to the prior use of the site. 4. Provide and enhance public access to the property by creating publically accessible open space and visitor accommodations. 5. Provide needed services to residents and visitors including visitor accommodations, recreational, personal services, shopping, dining, and assembly opportunities. 6. Create a premier boutique hotel that is a financially viable operation. 7. Create City revenue through lease payments and transient occupancy tax. 3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The Final EIR includes the Draft Environmental Impact Report (Draft EIR) dated April 28, 2014, written comments on the Draft EIR that were received during the 45 -day public review period, written responses to those comments, clarifications/changes to the Final EIR, an Errata and Mitigation Monitoring and Reporting Program. In conformance with CEQA and the State CEQA Guidelines, the City conducted an extensive environmental review of the Lido House Hotel project: • Completion of the Notice of Preparation (NOP), which was released for a 30 -day public review period from November 6, 2013, through December 5, 2013. The NOP was sent to all responsible agencies, trustee agencies, and the Office of Planning Research and posted at the Orange County Clerk -Recorder's office and on the City's website on November 6, 2013. 16 21-24 RESOLUTION NO. 2015-## • During the NOP review period, a Scoping Meeting was held to solicit additional suggestions on the content of the Lido House Hotel EIR. Attendees were provided an opportunity to identify verbally or in writing the issues they felt should be addressed in the EIR. The scoping meeting was held on Wednesday, November 20, 2013, at the City of Newport Beach former City Council Chambers, located at 3300 Newport Boulevard, Newport Beach, California 9266. • Preparation of a Draft EIR by the City that was made available for a 45 -day public review period (April 29, 2014 to June 13, 2014). The Draft EIR consisted of analysis of the Lido House Hotel project and the technical appendices. On April 25, 2014, a Notice of Availability (NOA) for the Draft EIR was mailed to property owners and occupants within 450 -feet of the project site. The NOA was also sent to all interested persons, agencies and organizations. The Notice of Completion (NOC) was sent to the State Clearinghouse in Sacramento for distribution to public agencies. The NOA was posted at the Orange County Clerk -Recorder's office on April 29, 2014. Copies of the Draft EIR were made available for public review at the City of Newport Beach Community Development Department, Newport Beach Central Branch Library, Newport Beach Balboa Branch Library, Newport Beach Mariners Branch Library, and Newport Beach Corona del Mar Branch Library. The Draft EIR was available for download via the City's website: http://www.newportbeachca.gov/eir. • Preparation of a Draft Final EIR including Draft EIR, comments on the Draft EIR, responses to those comments, Mitigation Monitoring and Reporting Program and appended documents. The preliminary Response to Comments were provided to the City Planning Commissioners on July 11, 2014, and posted on the City's website. • The Planning Commission held a study session on the Project on June 5, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California. A public hearing was scheduled for July 17, 2014, but to allow the public additional opportunity to review the staff report, the hearing was continued to August 7, 2014. The August 7, 2014 was canceled, so a special meeting was conducted on August 11, 2014. Notices of time, place, and purpose of the public hearing were provided in accordance with CEQA and NBMC. The Draft Final EIR, staff report, and evidence, both written and oral, were presented to and considered by the Planning Commission at this hearing. Notice for this public hearing was published in the Daily Pilot, mailed to all property owners within a minimum of 450 feet of the project site and to all interested persons, agencies and organizations, and posted at the project site a minimum of 10 days in advance of the hearing, consistent with the Municipal Code. Additionally, the item appeared on the agenda for the meeting, which was posted at City Hall and on the City website. • In compliance with Section 15088(b) of Title 14 of the California Code of Regulations (State CEQA Guidelines), the City provided written Responses to Comments to public agencies on July 21, 2014, at least 10 days prior to certifying the Final EIR. 17 21-25 RESOLUTION NO. 2015-## • The City Council held a public hearing on September 9, 2014, in the City Hall Council Chambers, 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 NBMC. The Final EIR, staff report, and evidence, both written and oral, were presented to and considered by the City Council at this hearing. Notice for the meeting was published in the Daily Pilot, mailed to all property owners within a minimum 450 feet of the project site and to all interested persons, agencies and organizations, and posted at the project site a minimum of 10 days in advance of the hearing, consistent with the Municipal Code. Additionally, the item appeared on the agenda for the meeting, which was posted at City Hall and on the City website. For purposes of CEQA and these Findings, the Record of Proceedings for the Project consists of the following documents and other evidence, at a minimum: • All project application materials submitted to the City by the Applicant and its representatives; • NOP and all other public notices issued by the City in conjunction with the proposed project; • The Scoping Meeting notes held during the 30 -day NOP period; • The Final EIR, including the Draft EIR and all appendices, the Responses to Comments, Mitigation Monitoring and Reporting Program (MMRP) and all supporting materials referenced therein. All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR; • Written comments submitted by agencies and members of the public during the 45 -day public review comment period on the Draft EIR; • All responses to the written comments submitted by agencies and members of the public provided at the Planning Commission meeting on July 17, 2014, Planning Commission public hearing on August 11, 2014, and City Council public hearing on September 9, 2014; • The testimony provided by agencies and members of the public at the Planning Commission meeting on July 17, 2014, Planning Commission public hearing on August 11, 2014, and City Council public hearing on September 9, 2014; • All final City Staff Reports relating to the Draft EIR, Final EIR, and the project; • All other public reports, documents, studies, memoranda, maps, or other planning documents relating to the project, the Draft EIR, and the Final EIR prepared by the City, consultants to the City, or Responsible or Trustee Agencies. • The MMRP adopted by the City for the project; the Ordinances and Resolutions adopted by the City in connection with the proposed project; and all documents incorporated by reference therein; IN 21-26 RESOLUTION NO. 2015-## • These Findings of Fact adopted by the City for the project, any documents expressly cited in these Findings of Fact; and • Any other relevant materials required to be in the record of proceedings by Public Resources Code Section 21167.6(e). The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Newport Beach Community Development Department. The custodian for these documents is the City of Newport Beach. This information is provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e). 4. ENVIRONMENTAL ISSUES THAT WERE DETERMINED NOT TO BE POTENTIALLY AFFECTED BY THE PROPOSED PROJECT Impacts Determined to be Less Than Significant The following impacts were evaluated in the EIR and determined to be less than significant solely through adherence to the project design and standard conditions of the City of Newport Beach. Based upon the environmental analysis presented in the EIR, and the comments received by the public on the Draft EIR, no substantial evidence was submitted to or identified by the City indicating that the project would have an impact on the following environmental areas: (a) Aesthetic/Light and Glare: The project would not have a substantial adverse effect on scenic vistas, or substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway. (b) Air Quality: The project would not create objectionable odors affecting a substantial number of people. (c) Biological Resources: The project would not have a substantial adverse effect on any special status species, sensitive natural community, federally protected wetlands, or conflict with an adopted Habitat Conservation Plan. (d) Cultural Resources: The project would not cause a substantial adverse change in the significance of a historical resource, or disturb any human remains. (e) Geology and Soils: The project would not expose people or structures to potential substantial adverse effects from the rupture of a known earthquake fault, and would not result in substantial soil erosion or the loss of topsoil. (f) Greenhouse Gas Emissions: The project would not generate greenhouse gas emissions that would have a significant impact on the environment, and would not conflict with the plans adopted for the purpose of reducing GHG emissions. 19 21-27 RESOLUTION NO. 2015-## (g) Hazards and Hazardous Materials: The project would not create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; emit hazardous emissions or handle hazardous materials within one-quarter mile of an existing or proposed school; create a safety hazard for people residing or working in the project area as a result on being within a private airstrip or an airport land use plan; interfere with an adopted emergency response or evacuation plan; or expose people or structures to wildland fires. (h) Hydrology and Water Quality: The project would not substantially deplete groundwater supplies or interfere with groundwater recharge; alter the existing drainage pattern of the site that would result in substantial soil erosion or flooding; create runoff water that would exceed the existing or planned capacity of the stormwater drainage systems; place housing within a 100 -year floodplain; expose people or structures to injury or death from flooding; or result in inundation by seiche, tsunami, or mudflow. (i) Land Use and Planning: The project would not divide an established community, conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the City's General Plan and Local Coastal Program CLUP, SCAG regional plans, Airport Environs Land Use Plan, the California Coastal Act, or the City's Municipal Code) adopted for the purpose of avoiding or mitigating an environmental effect, or conflict with any applicable habitat conservation plan or natural community conservation plan. (j) Noise: Project implementation would not generate excessive vibration levels to nearby sensitive receptors, result in a substantial permanent increase in ambient noise levels, or expose people residing/working in the project area to excessive noise levels within the vicinity of a private airstrip or airport land use plan. (k) Population and Housing: The project would not result in substantial increase in population or housing. (1) Public Services and Utilities: The project would not create significant impacts related to fire protection, police protection, parks/recreation, schools, or library services. In addition, the project would meet the City's parkland dedication requirements, and physical impacts to recreational and park spaces would not be significant. The project would not exceed wastewater treatment requirements or require the construction of new stormwater drainage/water/wastewater treatment facilities, and would have sufficient water supplies to serve the project. Lastly, the project would be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs, and would comply with Federal, State, and local regulations related to solid waste. (m) Transportation and Traffic: The project -generated traffic would not conflict with an applicable congestion management program, result in a change in air traffic patterns, substantially increases hazards due to a design feature, result in 20 21-28 RESOLUTION NO. 2015-## inadequate emergency access, or conflict with any applicable land use plan, policy or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Project implementation would close one existing vehicular access point to Via Lido Plaza shopping center from 32nd Street. Lido Partners, the owner of Via Lido Plaza, provided comments on the EIR indicating that closing the access will negatively impact delivery truck and fire access. Two comment letters were received from Lido Partners and written responses were prepared and were included in the Final EIR. These comments and responses and information presented by staff were considered by the Planning Commission and City Council. The request to close through traffic to Via Lido Plaza at this location is based on the applicant's need for efficient operation of the hotel's valet parking lot and to avoid losing parking spaces. The issue of delivery truck access and fire access was extensively evaluated and based upon the information in the record (Draft EIR, Final EIR and information presented by staff during the hearings); no significant impact to Via Lido Plaza or the community would result with the project closing vehicle access from 32nd Street to Via Lido Plaza and no mitigation measures necessary and further consideration of project alternatives are not warranted. 5. FINDINGS REGARDING POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS The following potentially significant environmental impacts were analyzed in the EIR, and the effects of the project were considered. As a result of environmental analysis of the project and the identification of project design features; compliance with existing laws, codes, and statutes; and the identification of feasible mitigation measures (together referred herein as the Mitigation Program), all of the potentially significant adverse impacts have been determined by the City to be reduced to a level of less than significant, and the City has found—in accordance with CEQA Section 21081(a)(1) and State CEQA Guidelines Section 15091(a) (1)—that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. This is referred to herein as "Finding 1." Where the City has determined—pursuant to CEQA Section 21081(a)(2) and State CEQA Guidelines Section 15091(a)(2)—that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency," the City's finding is referred to herein as "Finding 2." A. Aesthetics/Light and Glare (1) Potential Impact: Project construction activities could temporarily degrade the visual character/quality of the site and its surroundings. Finding: 1. Mitigation measures would reduce visual character/quality impacts from project construction activities to less than significant levels. The City hereby makes Finding 1 and determines that this impact is mitigated to less than significant. 21 21-29 RESOLUTION NO. 2015-## Facts in Support of Finding Mitigation Measure AES -1 requires action to be taken prior to construction activities in order to avoid adverse visual impacts from the stockpiling of materials, construction traffic, and vehicle staging areas. Therefore, visual character/quality impacts from construction activities would be less than significant. Mitiqation Measures Mitigation Measure AES -1: Prior to issuance of any grading and/or demolition permits, whichever occurs first, a Construction Management Plan shall be submitted for review and approval by the Director of Community Development. The Construction Management Plan shall, at a minimum, indicate the equipment and vehicle staging areas, stockpiling of materials, fencing (i.e., temporary fencing with opaque material), and haul route(s). Staging areas shall be sited and/or screened in order to minimize public views to the maximum extent practicable. Construction haul routes shall minimize impacts to sensitive uses in the City. (2) Potential Impact: Project implementation could degrade the visual character/quality of the site and its surroundings. Finding: 1. Mitigation measures would reduce long-term visual character/quality impacts from the proposed project to less than significant levels. The City hereby makes Finding 1 and determines that this impact is mitigated to less than significant. Facts in Support of Finding Mitigation Measure AES -2 requires action to be taken prior to construction activities in order to avoid adverse long-term visual impacts from the proposed Landscape Concept Plan and Plant Palette. Therefore, long-term visual character/quality impacts from project implementation would be less than significant. Mitiqation Measures Mitigation Measure AES -2: Prior to issuance of a building or grading permit for new construction, the Landscape Concept Plan and Plant Palette shall be submitted to the Director of Community Development for review and approval. Landscaping shall complement the proposed site design and surrounding streetscape and must also be consistent with the Lido Village Design Guidelines. 22 21-30 RESOLUTION NO. 2015-## (3) Potential Impact: Implementation of the proposed project could generate additional light and glare beyond existing conditions. Finding: 1. Mitigation measures would reduce light and glare impacts from the proposed project to less than significant levels. The City hereby makes Finding 1 and determines that this impact is mitigated to less than significant. Facts in Support of Finding Mitigation Measure AES -3 requires action to be taken prior to construction activities in order to avoid adverse visual impacts from light and glare from the proposed project. Therefore, light and glare impacts from project implementation would be less than significant. Mitiqation Measures Mitigation Measure AES -3: All construction -related lighting shall be located and aimed away from adjacent residential areas and consist of the minimal wattage necessary to provide safety and security at the construction site. A Construction Safety Lighting Plan shall be approved by the Director of Community Development prior to issuance of the grading or building permit application. B. Air Quality (1) Potential Impact: Short-term construction activities associated with the proposed project could result in air pollutant emission impacts or expose sensitive receptors to substantial pollutant concentrations. Finding: 1. Mitigation measures would reduce impacts related to short-term construction air emissions to less than significant levels. The City hereby makes Finding 1 and determines that this impact is mitigated to less than significant. Facts in Support of Finding Mitigation Measure AQ -1 requires one or more actions to be taken prior to and during construction activities in order to avoid adverse air quality emission impacts. Mitigation Measure AQ -2 requires action to be taken prior to construction activities to reduce impacts from fugitive dust from the hauling of excavated or graded material. Therefore, short-term construction air quality impacts would be less than significant. Mitiqation Measures Mitigation Measure AQ -1: Prior to issuance of any Grading Permit, the Community Development Department shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in 23 21-31 RESOLUTION NO. 2015-## compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Implementation of the following measures would reduce short-term fugitive dust impacts on nearby sensitive receptors: • All active portions of the construction site shall be watered every three hours during daily construction activities and when dust is observed migrating from the project site to prevent excessive amounts of dust; • Pave or apply water every three hours during daily construction activities or apply non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas. More frequent watering shall occur if dust is observed migrating from the site during site disturbance; • Any on-site stockpiles of debris, dirt, or other dusty material shall be enclosed, covered, or watered twice daily, or non- toxic soil binders shall be applied; • All grading and excavation operations shall be suspended when wind speeds exceed 25 miles per hour; • Disturbed areas shall be replaced with ground cover or paved immediately after construction is completed in the affected area; • Track -out devices such as gravel bed track -out aprons (3 inches deep, 25 feet long, 12 feet wide per lane and edged by rock berm or row of stakes) shall be installed to reduce mud/dirt trackout from unpaved truck exit routes. Alternatively a wheel washer shall be used at truck exit routes; • On-site vehicle speed shall be limited to 15 miles per hour; • All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust prior to departing the job site; and • Trucks associated with soil -hauling activities shall avoid residential streets and utilize City -designated truck routes to the extent feasible. 24 21-32 RESOLUTION NO. 2015-## Mitigation Measure AQ -2: All trucks that are to haul excavated or graded material on-site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Highways), with special attention to Sections 23114(b)(F) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall coordinate with the Community Development Department on hauling activities compliance. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to air quality that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. C. Biological Resources (1) Potential Impact: Implementation of the proposed project could interfere with the movement of a native resident or migratory species. Finding: 1. The City hereby makes Finding 1 and determines that this impact is less than significant with the incorporation of the proposed mitigation measures. Facts in Support of Finding Mitigation Measure 13I0-1 requires all vegetation removal activities to be scheduled outside of the nesting season to avoid potential impacts to nesting birds; however, if vegetation removal is to occur during the nesting season, a survey for the presence of nesting birds by a qualified biologist would be required. Further action is required if active nests are found on-site during nesting season. The requirements set forth in Mitigation Measures 13I0-1 would reduce potential impacts to migratory birds to a less than significant level. Mitiqation Measures Mitigation Measure 13I0-1: To the extent feasible, all vegetation removal activities shall be scheduled outside of the nesting season (typically February 15 to August 15) to avoid potential impacts to nesting birds. However, if initial vegetation removal occurs during the nesting season, all suitable habitat shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist prior to commencement of clearing. If any active nests are detected, a buffer of at least 300 feet for raptors shall be delineated, flagged, and avoided until the nesting cycle is complete as determined by the City. 25 21-33 RESOLUTION NO. 2015-## City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to biological resources that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. (2) Potential Impact: The project could conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Finding: 1. The City hereby makes Finding 1 and determines that this impact is less than significant with the incorporation of the proposed mitigation measures. Facts in Support of Finding Mitigation Measure BI0-2 requires the City to locate an existing Ficus benjamina tree or other suitable tree into a City park and dedicate the tree in the name of William Lawrence "Billy" Covert. Mitigation Measure BI0-3 requires the City shall to an existing tree in a very prominent location within a City park or at the new Civic Center and dedicate it as The Freedom Tree. Mitigation Measure BI0-4 requires the City to locate an existing tree within a City park and dedicate it in the name of Walter and Cordelia Knott, and locate an existing tree in a prominent location within a City park or at the new Civic Center and dedicate it in honor of the State of California. The requirements set forth in Mitigation Measures BI0-2 through BI0-4 would reduce potential impacts to biological resources to less than significant levels. Mitiqation Measures Mitigation Measure 113I0-2: The City shall locate an existing Ficus benjamina tree or other suitable tree into a City park and dedicate the tree in the name of William Lawrence "Billy" Covert. Should an appropriate tree not be found, the City shall attempt to transplant the existing tree or plant a new tree of the same variety at an appropriate location. The re -dedicated tree shall have a permanent marker or plaque. Every effort shall be made to involve the Covert family in this process. Mitigation Measure 113I0-3: Because the Freedom Tree also cannot be effectively transplanted, the City shall locate an existing tree in a very prominent location within a City park or at the new Civic Center and dedicate it as The Freedom Tree. An appropriate permanent marker or plaque shall be provided and the dedication 26 21-34 RESOLUTION NO. 2015-## should be accomplished with community and veterans groups' participation. Mitigation Measure 113I0-4: Because the Walter Knott Tree and the California Bicentennial Tree cannot be effectively transplanted, the City shall locate an existing tree within a City park and dedicate it in the name of Walter and Cordelia Knott. The City shall also locate an existing tree in a prominent location within a City park or at the new Civic Center and dedicate it in honor of the State of California. The re- dedicated trees shall have permanent markers and every effort shall be made to involve the Knott family and the community in the process. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to biological resources that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. D. Cultural Resources (1) Potential Impact: The proposed project may cause a significant impact to unknown archaeological resources that could occur on-site. Finding: 1. The City hereby makes Finding 1 and determines that this impact is less than significant with the incorporation of the proposed mitigation measures. Facts in Support of Finding Mitigation Measure CUL -1 requires a professional archaeologist and a Native American Monitor to be retained to monitor ground -disturbing activities, determine potential to disturb cultural resources, and halt construction activities if necessary. The requirements set forth in Mitigation Measure CUL -1 would reduce potential impacts to archaeological resources to less than significant. Mitigation Measures Mitigation Measure CUL -1: An archaeologist and a Native American Monitor appointed by the City of Newport Beach shall be present during earth removal or disturbance activities related to rough grading and other excavation for utilities. If any earth removal or disturbance activities result in the discovery of cultural resources, the Project proponent's contractors shall cease all earth removal or disturbance activities in the vicinity and immediately notify the City 27 21-35 RESOLUTION NO. 2015-## selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Community Development. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Newport Beach Cultural Resources Element, and other applicable regulations. Consultation with the Native American Monitor, the Native American Heritage Commission, and data/artifact recovery, if deemed appropriate, shall be conducted. City of Newport Beach Standard Conditions The following City -adopted standard operating conditions of approval would apply to the proposed project: • The City of Newport Beach has standard conditions requiring a qualified archaeologist and a paleontologist to observe construction activities and to establish procedures for redirecting work, evaluating resources, and recommending appropriate actions. More specific requirements have been prepared for this project by the cultural resources consultant, and in lieu of the standard conditions, are included in the mitigation measures above. (2) Potential Impact: The proposed project may cause a significant impact to unknown paleontological resources that could occur on-site. Finding: 1. The City hereby makes Finding 1 and determines that this impact is less than significant with the incorporation of the proposed mitigation measures. Facts in Support of Finding Mitigation Measure CUL -2 requires an Orange County Certified Paleontologist to be appointed by the City of Newport Beach, and to prepare a Paleontological Resource Monitoring and Mitigation Program prior to earth removal or disturbance activities at the project site. The requirements set forth in Mitigation Measure CUL -2 would reduce potential impacts to paleontological resources to less than significant. Mitiqation Measures Mitigation Measure CUL -2: An Orange County Certified Paleontologist appointed by the City of Newport Beach shall prepare a Paleontological Resource Monitoring and Mitigation Program prior to earth removal or disturbance activities at the project site. The City selected paleontologist shall be present during earth removal or disturbance activities related to rough grading and other excavation for utilities. Paleontological monitoring shall include inspection of exposed rock units during active excavations within sensitive geologic sediments. If any earth removal or disturbance activities result in the discovery of paleontological resources, the mm 21-36 RESOLUTION NO. 2015-## Project proponent's contractors shall cease all earth removal or disturbance activities in the vicinity and immediately notify the City selected paleontologist who shall immediately notify the Community Development Director. The City selected paleontologist shall evaluate all potential paleontological findings in accordance with the Paleontological Resource Monitoring and Mitigation Program Monitoring, standard practice, the requirements of the City of Newport Beach Historic Resources Element, and other applicable regulations. Upon completion of the fieldwork, the City selected paleontologist shall prepare a Final Monitoring and Mitigation Report to be filed with the City and the repository to include, but not be limited to, a discussion of the results of the mitigation and monitoring program, an evaluation and analysis of the fossils collected (including an assessment of their significance, age, geologic context), an itemized inventory of fossils collected, a confidential appendix of locality and specimen data with locality maps and photographs, and an appendix of curation agreements and other appropriate communications. City of Newport Beach Standard Conditions The following City -adopted standard operating conditions of approval would apply to the proposed project: The City of Newport Beach has standard conditions requiring a qualified archaeologist and a paleontologist to observe construction activities and to establish procedures for redirecting work, evaluating resources, and recommending appropriate actions. More specific requirements have been prepared for this project by the cultural resources consultant, and in lieu of the standard conditions, are included in the mitigation measures above. E. Geology and Soils (1) Potential Impact: The proposed project may expose people or structures to potential substantial adverse effects involving strong seismic ground shaking. (2) Potential Impact: The proposed project may expose people or structures to potential substantial adverse effects associated with seismically induced liquefaction and settlement. (3) Potential Impact: Development of the proposed project could be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project. (4) Potential Impact: The proposed project may be located on expansive soil creating substantial risks to life or property. 29 21-37 RESOLUTION NO. 2015-## Finding: 1. The City hereby makes Finding 1 and determines that these impacts are less than significant with the incorporation of the proposed mitigation measures. Facts in Support of Finding Given the highly seismic character of the Southern California region and proximity to active and potentially active faults, the project site would be likely to be subject to significant ground motion, strong seismic ground shaking, and a moderate potential for liquefaction due to seismic -induced settlement. Mitigation Measure GEO-1 requires that all grading operations and construction associated with the proposed project be conducted in conformance with the recommendations included in the geotechnical investigation for the project, and the City of Newport Beach and California Building Codes. In addition, the geotechnical investigation provides recommendations to reduce impacts from compressibility/static settlement, and expansive soils to less than significant levels. Compliance with Mitigation Measure GEO-1 would ensure that risks associated with strong seismic ground shaking, liquefaction, unstable geologic units, and expansive soils are reduced to acceptable levels. As such, impacts would be less than significant. Mitiqation Measures Mitigation Measure GEO-1: All grading operations and construction shall be conducted in conformance with the recommendations included in the geotechnical report for the proposed project site prepared by GMU Geotechnical, Inc., titled Report of Geotechnical Investigation, Lido House Hotel — City Hall Site Reuse Project, 3300 Newport Boulevard, City of Newport Beach, California (December 4, 2013) (included in Appendix 11.6 of this EIR and incorporated by reference into this mitigation measure). Design, grading, and construction shall be performed in accordance with the requirements of the City of Newport Beach Building Code and the California Building Code applicable at the time of grading, appropriate local grading regulations, and the recommendations of the project geotechnical consultant as summarized in a final written report, subject to review by the City of Newport Beach Building Official or designee prior to commencement of grading activities. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to geology and soils that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. 30 21-38 RESOLUTION NO. 2015-## (5) Potential Impact: Development of the proposed project could encounter corrosive soils potentially resulting in damage to foundations and buried pipelines. Finding: 1. The City hereby makes Finding 1 and determines that these impacts are less than significant with the incorporation of the proposed mitigation measures. Facts in Support of Finding According to the geotechnical investigation for the project site, the soils on-site would be very mildly corrosive to ferrous metals and possess a negligible sulfate exposure to concrete. Consequently, metals structures in contact with the soil may be subject to slight corrosion. Mitigation Measure GEO-1 provides recommendations for reducing corrosion potential due to soil and groundwater. Mitigation Measure GEO-2 requires a corrosion engineer to be consulted during preparation of the Final Soils/Geotechnical Engineering Report for the project. Compliance with Mitigation Measures GEO-1 and GEO-2 would reduce potential impacts associated with corrosive soils to less than significant levels. Mitiqation Measures Mitigation Measure GEO-1: All grading operations and construction shall be conducted in conformance with the recommendations included in the geotechnical report for the proposed project site prepared by GMU Geotechnical, Inc., titled Report of Geotechnical Investigation, Lido House Hotel — City Hall Site Reuse Project, 3300 Newport Boulevard, City of Newport Beach, California (December 4, 2013) (included in Appendix 11.6 of this EIR and incorporated by reference into this mitigation measure). Design, grading, and construction shall be performed in accordance with the requirements of the City of Newport Beach Building Code and the California Building Code applicable at the time of grading, appropriate local grading regulations, and the recommendations of the project geotechnical consultant as summarized in a final written report, subject to review by the City of Newport Beach Building Official or designee prior to commencement of grading activities. Mitigation Measure GEO-2: Prior to issuance of a building permit, the City of Newport Beach Building Official or designee shall verify that the City has retained the services of a licensed corrosion engineer to provide detailed corrosion protection measures. Where steel may come in contact with on-site soils, project construction shall include the use of steel that is protected against corrosion. Corrosion protection may include, but is not limited to, sacrificial metal, the use of protective coatings, and/or cathodic protection. Additional site testing and final design evaluation regarding the possible 31 21-39 RESOLUTION NO. 2015-## presence of significant volumes of corrosive soils on site shall be performed by the project geotechnical consultant to refine and enhance these recommendations. On-site inspection during grading shall be conducted by the project geotechnical consultant and City Building Official to ensure compliance with geotechnical specifications as incorporated into project plans. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to geology and soils that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. F. Hazards and Hazardous Materials (1) Potential Impact: The proposed project could create a significant hazard to the public or environment through accident conditions involving the release of hazardous materials. Finding: 1. The City hereby makes Finding 1 and determines that this impact would be reduced to less than significant levels with the incorporation of the proposed mitigation measures. Facts in Support of Finding Mitigation Measures HAZ-1 through HAZ-5 address known and potential hazardous materials conditions on the project site, and would require future characterization and remediation of hazardous materials that may exist on the property. Implementation of applicable mitigation measures would reduce risks associated with on-site hazardous materials to an acceptable level. Impacts, therefore, would be less than significant. Mitiqation Measures Mitigation Measure HAZ-1: Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and California Division of Occupational Safety and Health (Cal/OSHA) certified building inspector to determine the presence or absence of asbestos containing -materials (ACMs). If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the 32 21-40 RESOLUTION NO. 2015-## South Coast Air Quality Management District (SCAQMD) Rule 1403. Mitigation Measure HAZ-2: If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. If lead-based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the City Engineer. Mitigation Measure HAZ-3: Any transformers to be removed or relocated during grading/construction activities shall be evaluated under the purview of the local utility purveyor (Southern California Edison) in order to confirm or deny the presence of PCBs. In the event that PCBs are identified, the local utility purveyor shall identify proper handling procedures regarding potential PCBs. Mitigation Measure HAZ-4: The Contractor shall verify that all imported soils, and on-site soils proposed for fill, are not contaminated with hazardous materials above regulatory thresholds in consultation with a Phase II/Site Characterization Specialist. If soils are determined to be contaminated above regulatory thresholds, these soils shall not be used as fill material within the boundaries of the project site, unless otherwise specified by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup (e.g., Department of Toxic Substances Control, Regional Water Quality Control Board, Orange County Health Care Agency, etc.). Mitigation Measure HAZ-5: If unknown wastes or suspect materials are discovered during construction by the contractor that are believed to involve hazardous waste or materials, the contractor shall comply with the following: • Immediately cease work in the vicinity of the suspected contaminant, and remove workers and the public from the area; Notify the Building Official of the City of Newport Beach; • Secure the area as directed by the Building Official; and 33 21-41 RESOLUTION NO. 2015-## • Notify the Orange County Health Care Agency's Hazardous Materials Division's Hazardous Waste/Materials Coordinator (or other appropriate agency specified by the Community Development Director). The Hazardous Waste/Materials Coordinator shall advise the responsible party of further actions that shall be taken, if required. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to existing hazardous materials contamination that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. G. Hydrology and Water Quality (1) Potential Impact: Grading, excavation, and construction activities associated with the proposed project could impact water quality. Finding: 1. The City hereby makes Finding 1 and determines that this impact would be reduced to less than significant levels with the incorporation of the proposed mitigation measures. Facts in Support of Finding Construction activities for the proposed project could generate soil erosion as well as on- and off-site transport via storm run-off or mechanical equipment. Poorly maintained vehicles and heavy equipment leaking fuel, oil, antifreeze, or other vehicle -related fluids on the project site could create stormwater pollution and soil contamination impacts. Mitigation Measures HWQ-1 and HWQ-2 require the project to prepare and submit a Notice of Intent, and a Storm Water Pollution Prevention Plan (SWPPP) to the State Water Resources Board, respectively. Mitigation Measure HWQ-3 requires the project applicant to submit a Notice of Termination (NOT) to the SWRCB upon completion of project construction. Implementation of applicable mitigation measures would reduce impacts to water quality from short-term construction activities acceptable levels. Impacts, therefore, would be less than significant. Mitigation Measure HWQ-1: Prior to Grading Permit issuance and as part of the project's compliance with the NPDES requirements, a Notice of Intent (NOI) shall be prepared and submitted to the State Water Resources Quality Control Board (SWRCB), providing notification and intent to comply with the State of California General Permit. 34 21-42 RESOLUTION NO. 2015-## Mitigation Measure HWQ-2: The proposed project shall conform to the requirements of an approved Storm Water Pollution Prevention Plan (SWPPP) (to be applied for during the Grading Plan process) and the NPDES Permit for General Construction Activities No. CAS000002, Order No, 2009-0009-DWQ, including implementation of all recommended Best Management Practices (BMPs), as approved by the State Water Resources Quality Control Board (SW RCB). Mitigation Measure HWQ-3: Upon completion of project construction, the project applicant shall submit a Notice of Termination (NOT) to the State Water Resources Quality Control Board (SWRCB) to indicate that construction is completed. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to hydrology and water quality that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. (2) Potential Impact: Implementation of the proposed project could potentially result in increased run-off amounts and degraded water quality. Finding: 1. The City hereby makes Finding 1 and determines that this impact would be reduced to less than significant levels with the incorporation of the proposed mitigation measures. Facts in Support of Finding The project site would likely experience pollutant generation due to the proposed land uses, potentially increasing the generation of suspended solids/sediments, nutrients, heavy metals, pathogens, pesticides, oil and grease, toxic organic compounds, and trash and debris. Due to the fact that the Lower Newport Bay is listed on the 303(d) list for chlordane, copper, DDT, indicator bacteria, nutrients, PCBs, pesticides, and sediment toxicity, and has a TMDL for metals, nutrients, pathogens, pesticides, priority organics, and siltation, the proposed development could have a significant adverse impact to storm water quality. Mitigation Measure HWQ-4 requires the project applicant to submit a Final Water Quality Management Plan to ensure long-term operational water quality impacts form the proposed project are mitigated to acceptable levels. Therefore, impacts would be less than significant with implementation of the applicable mitigation measures. 35 21-43 RESOLUTION NO. 2015-## Mitigation Measure HWQ-4: Prior to issuance of a grading permit, the project applicant shall submit a Final Water Quality Management Plan for approval by the Building Official that complies with the requirements of the latest Orange County Public Works Drainage Area Management Plan. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to hydrology and water quality that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. H. Noise (3) Potential Impact: Grading and construction within the area could result in significant temporary noise impacts to nearby noise sensitive receivers. Finding: 1. The City hereby makes Finding 1 and determines that this impact would be reduced to less than significant levels with the incorporation of the proposed mitigation measures. Facts in Support of Finding Construction activities associated with the proposed project could temporarily increase noise levels in the project vicinity and along nearby roadways. Mitigation Measure N-1 would reduce short-term construction noise impacts by requiring mobile equipment to be muffled and requiring best management practices for hauling activities. Mitigation Measure N-1 would also implement the City's Municipal Code Section 10.28.040, requiring construction activities to be conducted during the City's allowable construction hours. With implementation of applicable mitigation, impacts would be less than significant. Mitiqation Measures Mitigation Measure N-1: Prior to issuance of any Grading Permit or Building Permit for new construction, Community Development Department shall confirm that the Grading Plan, Building Plans, and specifications stipulate that: • All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. 36 21-44 RESOLUTION NO. 2015-## • The Applicant shall provide a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the City within 24 -hours of the complaint and determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the City Development Services Department. The contact name and the telephone number for the Disturbance Coordinator shall be clearly posted on-site. When feasible, construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.). During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction activities that produce noise shall not take place outside of the allowable hours specified by the City's Municipal Code Section 10.28.040 (7:00 a.m. and 6:30 p.m. on weekdays, 8:00 a.m. and 6:00 p.m. on Saturdays; construction is prohibited on Sundays and/or federal holidays). City of Newport Beach Standard Conditions The following City -adopted standard operating conditions of approval would apply to the proposed project: The project must comply with the exterior noise standards for residential uses of the Noise Ordinance. The exterior noise level standard is 65 dBA between the hours of 7:00 AM and 10:00 PM and 60 dBA between the hours of 10:00 PM and 7:00 AM. An acoustic study shall be performed by a qualified professional that demonstrates compliance with these standards of the Noise Ordinance. This acoustic study shall be performed and submitted to the Community Development Department as part of the Site Development Review permit application for each residential structure. If the exterior noise levels exceed applicable standards, additional mitigation shall be required, which may include the installation of additional sound attenuation devices as recommended by the acoustic study and subject to the approval of the Community Development Director. 37 21-45 RESOLUTION NO. 2015-## • The operator of the proposed commercial uses shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than noise limits specified in Table 5.10-3 for the specified time periods unless the ambient noise level is higher. • All mechanical equipment shall be screened from view of adjacent properties and adjacent public streets for each residential structure, as authorized by a Site Development Review permit, and shall be sound -attenuated in accordance with Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control. • The City of Newport Beach Municipal Code Chapter 10.32, Sound - Amplifying Equipment requires a permit for use of any sound - amplifying equipment and regulates the volume so sound - amplifying equipment is not a nuisance to persons. The use of sound -amplifying equipment is prohibited outdoors between the hours of 8:00 PM and 8:00 AM. I. Transportation and Traffic (1) Potential Impact: Project construction would not cause a significant increase in traffic for existing conditions when compared to the traffic capacity of the street system. Finding: 1. The City hereby makes Finding 1 and determines that this impact would be reduced to less than significant levels with the incorporation of the proposed mitigation measures. Facts in Support of Finding Construction activities associated with the proposed project would generate traffic as a result of equipment being transported to the site and vehicular traffic related to construction works and delivery of materials to the project site. Construction related trips associated with trucks and employees traveling to and from the project site may result in minor traffic delays within the project area. Mitigation Measure TRA -1 would require implementation of a construction management plan, consisting of a variety of measures to minimize traffic and parking impacts upon the local circulation system. Implementation of Mitigation Measure TRA -1 would reduce potential short-term traffic impacts from project construction to less than significant levels. 21-46 RESOLUTION NO. 2015-## Mitigation Measures Mitigation Measure TRA -1: Prior to Issuance of any grading and/or demolition permits, whichever occurs first, a Construction Management Plan shall be submitted for review and approval by the Community Development Department/City Traffic Engineer. The Construction Management Plan shall, at a minimum, address the following: • Traffic control for any street closure, detour, or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles, piping, windows, etc.), to access the site, traffic controls and detours, and proposed construction phasing plan for the project. • Specify the hours during which transport activities can occur and methods to mitigate construction -related impacts to adjacent streets. • Require the Applicant to keep all haul routes clean and free of debris, including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer), of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. • Hauling or transport of oversize loads shall be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless approved otherwise by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or Federal holidays. • Use of local streets shall be prohibited. • Haul trucks entering or exiting public streets shall at all times yield to public traffic. • If hauling operations cause any damage to existing pavement, streets, curbs, and/or gutters along the haul route, the applicant shall be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. • All constructed -related parking and staging of vehicles shall be kept out of the adjacent public roadways and shall occur on- site or in public parking lots. 39 21-47 RESOLUTION NO. 2015-## This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of Newport Beach requirements. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to project construction traffic that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. (2) Potential Impact: Implementation of the project would not conflict with the requirements of Newport Beach municipal code chapter 20.40, off-street parking. Finding: 1. The City hereby makes Finding 1 and determines that this impact would be reduced to less than significant levels with the incorporation of the proposed mitigation measures. Facts in Support of Finding Mitigation Measure TRA -2 requires the implementation of a Parking Management Plan that would include restricted parking, time limit parking, parking guide signage, and addresses staff parking to ensure that parking is managed on-site. Implementation of Mitigation Measure TRA -2 would reduce potential impacts associated with parking supply during peak demand to a less than significant level. Mitigation Measures Mitigation Measure TRA -2: Prior to issuance of Certificates of Occupancy, the applicant shall submit a Parking Management Plan for review and approval by the Community Development Department. The Parking Management Plan shall, at a minimum, include the following and be implemented at all times: • Restrict all on-site parking spaces to either a time limit or a valet parking arrangement. • Restrict access to on-site parking areas (with the exception of visitor parking by the hotel lobby) to either valet staff, or guests and visitors only through a manned gate, a gate with intercom access, or a gate that reads the room keys. • Restrict parking for in -demand parking spaces by time limits. The time limit should apply from 6:00 AM to 6:00 PM Monday through Friday. 21-48 RESOLUTION NO. 2015-## • Post signs at locations where motorists can be redirected from curb parking or desirable parking areas to convenient off- street lots and structures. • Encourage on-site employee parking by providing free parking on-site or providing incentives for using alternative modes of transportation, such as providing free or discounted bus passes; an employee bike rack, entering employees who take the bus, carpool, walk, or ride a bicycle in a monthly raffle; providing a monthly stipend for bicycle commuting; providing carpool parking spaces, or other incentives. City of Newport Beach Standard Conditions There are no specific City -adopted standard operating conditions of approval related to parking that are applicable to the proposed project at this time; however, future project -specific conditions of approval may be applied to the project by the City during the discretionary approval (site development review, tentative tract map, etc.), subsequent design, and/or construction process. 6. FINDINGS REGARDING ALTERNATIVES A. Alternatives Considered and Rejected During the Scoping/Project Planning Process In addition to the guidance cited above regarding purpose and contents of an analysis of alternatives to a proposed project, CEQA Guidelines Section 15126.6(c) states that an EIR should identify alternatives that were considered for analysis but rejected as infeasible and briefly explain the reasons for their rejection. According to the CEQA Guidelines, the following factors may be used to eliminate alternatives from detailed consideration: the alternative's failure to meet most of the basic project objectives, the alternative's infeasibility, or the alternative's inability to avoid significant environmental impacts. One alternative that has been considered and rejected as infeasible is discussed below. • One alternative that has been considered and rejected as infeasible is the Alternative Location Alternative. The project site is available for development because it is a vacant and underutilized site within the City of Newport Beach. It is unlikely that the Applicant would be able to acquire another property within the City on which to develop a project of similar size and scale to that currently proposed. In addition, no significant and unavoidable impacts have been identified to be associated with the proposed project. Therefore, considering development of the project at an alternative location would serve no purpose. Furthermore, it is a key objective of the proposed project, and a key aspect of its design, to enhance the Lido Village area. As such, this alternative has been rejected from further consideration by the City. 41 21-49 RESOLUTION NO. 2015—## B. Alternatives Selected for Analysis Based on the criteria listed above, the following three alternatives, in addition to the required No Project Alternative, were determined to represent a reasonable range of alternatives that could potentially attain most of the basic objectives of the project and have the potential to avoid or substantially lessen one or more of the significant effects of the project. These alternatives are analyzed in detail in the following sections. • No Project/No Build Alternative • No Project/Existing General Plan Land Use Designation Alternative • Reduced Density Alternative • Mixed Use Alternative An EIR must identify an "environmentally superior" alternative, and where the No Project Alternative is identified as environmentally superior, the EIR is required to identify as environmentally superior an alternative from among the others evaluated. Each alternative's environmental impacts are compared to the proposed project and determined to be environmentally superior, neutral, or inferior. However, only significant and unavoidable impacts are used in making the final determination of whether an alternative is environmentally superior or inferior to the proposed project. However, no impacts analyzed in the Draft EIR were found to be significant and unavoidable after the imposition of mitigation. Subsection 7.4 in Chapter 7, Alternatives, of the Draft EIR identifies the environmentally superior alternative. The proposed project is analyzed in detail in Chapter 7 of the DEIR. 1. Alternatives Comparison Table 1, Comparison of Impacts Associated with the Alternatives and Impacts of the Proposed Project, below, provides a summary matrix that compares the impacts associated with the project with the impacts of each of the proposed alternatives. Table 1 Comparison of Impacts Associated with the Alternatives and Impacts of the Proposed Project '11 21-50 Alternative 2: No Project/Existing Alternative 1: General Plan Land Alternative 3: Alternative 4 Project Impact No Project/No Build Use Designation Reduced Density Mixed use Aesthetics/Light Less Than Significant Less Less (Less Than Similar Similar and Glare with Mitigation (Less Than Significant) (Less Than (Less Than Significant) Significant) Significant) Air Quality Less Than Significant g Less (Less Than Less (Less Than Less ( Less Than Greater (Potentially with Mitigation Significant) Significant) Significant) Impact) Significant P ) '11 21-50 RESOLUTION NO. 2015—## a) No Project/No Build Alternative Description: In accordance with the CEQA Guidelines, the No Project/No Build Alternative for a development project on an identifiable property consists of the circumstance under which the project does not proceed. Section 15126.6(e)(3)(B) of the CEQA Guidelines states that, "in certain instances, the No Project/No Build Alternative means `no build' wherein the existing environmental setting is maintained." Accordingly, for purposes of this analysis, the No Project/No Build Alternative (Alternative 1) assumes that no new development would occur within the project site. The No Project/No Build Alternative would retain the project site in its current condition. With this Alternative, the City Hall Complex would remain vacant and unimproved although the City would likely continue very limited use of existing buildings suitable of occupancy. The existing 60,600 square feet of administration/office floor area would not 43 21-51 Alternative 2: No Project/Existing Alternative 1: General Plan Land Alternative 3: Alternative 4 Project Impact No Project/No Build Use Designation Reduced Density Mixed use Biological Less Than Significant Less Similar (Less Than Similar Similar Resources with Mitigation (Less Than Significant) (Less Than (Less Than Significant) Significant) Significant) Cultural Less Than Significant Less Similar Similar Similar Resources with Mitigation (Less Than (Less Than Significant) (Less Than (Less Than Significant) Significant) Significant) Geology and Less Than Significant Less Similar (Less Than Similar Similar Soils with Mitigation (Less Than Significant) (Less Than (Less Than Significant) Significant) Significant) Greenhouse Gas Emissions Less Than Significant Less (Less Than Less (Less Than Less (Less Than Greater (Potentially Significant) Significant) Significant) Significant Impact) Hazards and Less Than Significant Less Similar Similar Similar Hazardous with Mitigation (Less Than (Less Than (Less Than (Less Than Materials Significant) Significant) Significant) Significant) Hydrology and Less Than Significant Greater (Potentially Similar (Less Than Similar Similar Water Quality with Mitigation Significant Impact) Significant) (Less Than (Less Than Significant) Significant) Land Use and Less Less Similar Similar Relevant Less Than Significant (Less Than (Less Than (Less Than (Less Than Planning Significant) Significant) Significant) Significant) Noise Less Than Significant g with Mitigation Less (Less Than Less (Less Than Similar LThan (Less Greater (Potentially Significant) Significant) Significant) Impact) Significant p ) Public Services Less Similar Similar Similar and Utilities Less Than Significant Less Than (Significant)( (Less ThanLess Than ( Less Than Significant) Significant) Significant) Traffic and Less Than Significant g Less Similar (Less Than Less Greater (Potentially Circulation with Mitigation ( Less Than Significant) (LTh (Less an Impact) Significant p ) Significant) Significant) a) No Project/No Build Alternative Description: In accordance with the CEQA Guidelines, the No Project/No Build Alternative for a development project on an identifiable property consists of the circumstance under which the project does not proceed. Section 15126.6(e)(3)(B) of the CEQA Guidelines states that, "in certain instances, the No Project/No Build Alternative means `no build' wherein the existing environmental setting is maintained." Accordingly, for purposes of this analysis, the No Project/No Build Alternative (Alternative 1) assumes that no new development would occur within the project site. The No Project/No Build Alternative would retain the project site in its current condition. With this Alternative, the City Hall Complex would remain vacant and unimproved although the City would likely continue very limited use of existing buildings suitable of occupancy. The existing 60,600 square feet of administration/office floor area would not 43 21-51 RESOLUTION NO. 2015-## be removed. The existing landscaping would be retained and maintained. Public open spaces consisting of pedestrian plazas, landscape areas, and other amenities would not be constructed along Newport Boulevard or 32nd Street. None of the improvements as part of the Lido House Hotel would be constructed. Under the No Project/No Build Alternative, the land use, zoning, and CLUP categories would not be amended. Environmental Effects: A full discussion of the No Project/No Build Alternative's environmental impacts as compared to the proposed project is set forth in Subsection 7.1.1 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated by reference. In comparison to the proposed project, as shown above in Table 1, the No Project/No Build Alternative would reduce impacts to aesthetics/light and glare, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, land use and relevant planning, noise, public services and utilities, and traffic and circulation. Water quality impacts under this Alternative would be greater than the proposed project. Overall, the No Project/No Build Alternative would have less environmental impacts than the proposed project. Ability to Achieve Project Objectives: The No Project/Development Alternative would not attain any of the project's basic objectives. An iconic development that would revitalize the Lido Village and create a pedestrian oriented development would not be constructed. Shopping, dining, assembly opportunities, publically accessible open space, and visitor accommodations for visitor and residents of Newport Beach would not be provided on the project site. The No Project/No Build Alternative would also not create City revenue through lease payments and transient occupancy tax. Feasibility: Since the No Project/No Build Alternative would allow the existing City Hall Complex to remain vacant and unimproved, the feasibility of this Alternative would rely on the economic feasibility of indefinite operation of these uses. No changes to the existing conditions would occur, and all operations would continue indefinitely. Finding: In comparison to the proposed project, the No Project/No Build Alternative would reduce impacts to aesthetics/light and glare, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, land use and relevant planning, noise, public services and utilities, and traffic and circulation. Water quality impacts under this Alternative would be greater than the proposed project. This alternative would fail to fully meet any of the project objectives. Overall, the No Project/No Build Alternative would have fewer environmental impacts than the proposed project, making it the environmentally superior alternative. However, since the No Project/No Build Alternative fails to meet any of the project objectives, it has been rejected by the City in favor of the proposed project. b) No Project/Existing General Plan Land Use Designation Alternative Description: The "No Project/Existing General Plan Land use Designation" Alternative proposes development of what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on the property's current General Plan land use and zoning designations of "Public Facilities." The Public 21-52 RESOLUTION NO. 2015-## Facilities Zoning District is intended to provide for areas appropriate for public facilities, including community centers, cultural institutions, government facilities, libraries, public hospitals, public utilities, and public schools. Neither the General Plan nor the Zoning Code (Title 20 of the Newport Beach Municipal Code) identifies a maximum development density or intensity for this use, but requires a Minor Use Permit (MUP). The City does not currently have a need for municipal offices at this location and does not plan to relocate the police station to the project site. Additionally, the City sent a notice of surplus land to the school district, affordable housing advocates, and park districts in accordance with Section 54222 of the Government Code and did not get a response. Therefore, this Alternative assumed a development of 60,600 square feet of municipally -sponsored uses that could include government offices, community meeting rooms, and parking necessary to support on-site uses of a similar development intensity as the former City Hall Complex. The development associated with this alternative would include the demolition of the existing outdated structures, and would construct a new modern facility that would serve the community for meetings, recreation, and ancillary uses. Environmental Effects: A full discussion of the No Project/Existing General Plan Land Use Designation Alternative's environmental impacts compared to those of the proposed project is set forth in Subsection 7.1.2 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated by reference. In comparison to the proposed project, as shown above in Table 1, the No Project/Existing General Plan Land Use Designation Alternative would reduce impacts to aesthetics/light and glare, air quality, greenhouse gas emissions, land use and relevant planning, and noise. Biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, public services and utilities, and traffic and circulation impacts would be similar to the proposed project. Ability to Achieve Project Objectives: The No Project/Existing General Plan Alternative would not attain the project's fundamental objective to revitalize the Lido Village and create a pedestrian oriented development. Shopping, dining, assembly opportunities, publically accessible open space, and visitor accommodations for visitors and residents of Newport Beach would not be provided on the project site. Feasibility: Although the No Project/Existing General Plan Land Use Alternative would be physically feasible, it may not be economically feasible. It is uncertain whether this Alternative would yield a reasonable return on investment, as The No Project/No Build Alternative would also not create City revenue through lease payments and transient occupancy tax and is therefore less desirable than the proposed project. Finding: This Alternative would not meet any of the project's objectives. It would reduce environmental impacts to aesthetics/light and glare, air quality, greenhouse gas emissions, land use and relevant planning, and noise. However, it would result in similar impacts related to biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, public services and utilities, and traffic and circulation. Also, because it does not include the development of a hotel, this Alternative it would not require a General Plan Amendment, CLUP Amendment, Zoning Code 45 21-53 RESOLUTION NO. 2015-## Amendment, or a Conditional Use Permit. Moreover, it would not create City revenue through lease payments and transient occupancy tax, and may be economically infeasible. For these reasons, the City finds that the proposed project is preferred over this Alternative. c) Reduced Density Alternative Description: Under the Reduced Density Alternative, proposes the development of a hotel use on the project site that would have approximately 108 rooms and would be three floors. The Reduced Density would have the same basic building footprint, architecture, open space areas, and vehicular access as the proposed project. The development associated with this alternative would include the demolition of the existing outdated structures. Under the Reduced Density Alternative, the land use, zoning, and CLUP categories would still need to be amended similar to the proposed project. Environmental Effects: A full discussion of the Reduced Density Alternative's environmental impacts compared to those of the proposed project is set forth in Subsection 7.2 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated by reference. In comparison to the proposed project, as shown above in Table 1, the Reduced Density Alternative would reduce impacts to air quality, greenhouse gas emissions, and traffic and circulation. Aesthetics/light and glare, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, land use and relevant planning, noise, and public services and utilities impacts would be similar to the proposed project. Ability to Achieve Project Objectives: The Reduced Density Alternative would attain all of the project's objectives provided it is financially viable. As with the proposed project, a reduced density hotel project would help revitalize the Lido Village area and create a pedestrian oriented development. Shopping, dining, assembly opportunities, publically accessible open space, and visitor accommodations for visitors and residents of Newport Beach would also be provided on the project site but to a lesser degree when compared to the proposed project. Feasibility: As with the proposed project, the Reduced Density Alternative would be economically feasible. However, the Reduced Density Alternative would create less City revenue through lease payments and transient occupancy tax. Finding: The Reduced Density Alternative would reduce impacts to air quality, greenhouse gas emissions, and traffic and circulation. Impacts related to aesthetics/light and glare, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, land use and relevant planning, noise, and public services and utilities would be similar to the proposed project. While this Alternative would attain all of the project's objectives provided it is financially feasible, it would create less City revenue through lease payments and transient occupancy tax. For these reasons, the City finds that the proposed project is preferred over this Alternative. 21-54 RESOLUTION NO. 2015-## d) Mixed Use Alternative Description: The Mixed Use Alternative would remove the existing City Hall Complex and include the development of 99 multifamily dwelling units and 15,000 square feet of commercial uses on the project site. Based on the number of dwelling units and commercial space, the potential building footprint would likely be similar to the proposed project and building heights would also be similar. This alternative would amend the General Plan, CLUP, and Zoning Code designations from "Public Facilities" for the project site. Environmental Effects: A full discussion of the Mixed Use Density Alternative's environmental impacts compared to those of the proposed project is set forth in Subsection 7.3 in Chapter 7, Alternatives, of the Draft EIR, which is hereby incorporated by reference. In comparison to the proposed project, as shown above in Table 1, the Mixed Use Alternative would result in greater impacts related to air quality, greenhouse gas emissions, noise, and traffic and circulation. Aesthetics/light and glare, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, land use and relevant planning, and public services and utilities impacts would be similar to the proposed project. This Alternative would not reduce any impacts compared to the proposed project. Ability to Achieve Project Objectives: The Mixed Use Alternative would attain the project's objective to revitalize the Lido Village by creating a pedestrian -oriented development; however, it would have a lesser overall economic impact to the community. Shopping, dining, assembly opportunities, publically accessible open space, and visitor accommodations for visitors and residents of Newport Beach would not be provided on the project site. Feasibility: As with the proposed project, the Mixed Use Alternative would be economically feasible. However, the Mixed Use Alternative would not create City revenue through the transient occupancy tax. Finding: The Mixed Use Alternative would result in greater impacts related to air quality, greenhouse gas emissions, noise, and traffic and circulation. Impacts related to aesthetics/light and glare, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology/water quality, land use and relevant planning, and public services and utilities impacts would be similar to the proposed project. While this Alternative would attain all of the project's objectives, it would have a lesser overall economic impact to the community, and would not create City revenue through the transient occupancy tax. For these reasons, the City finds that the proposed project is preferred over this Alternative. 47 21-55 RESOLUTION NO. 2015—## EXHIBIT C General Plan Amendment No. GP2012-002 (PA2012-031) A. Amend Table LU1 of the Land Use Element of the General Plan to add the following land use category: "Visitor-Servinq Commercial, Lido Villaqe (CV -LV) The CV -LV category is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed." B. Amend Table LU -2 to add Anomaly Location #85 as shown in the following table: Table LU2 Anomaly Locations Anomaly Statistical Land Use Development Limits Development Limit Additional Information Number Area Designation Other Accessory commercial floor area is allowed in conjunction with a hotel and it is included within 85 B5 CV -LV 98,725 sf of hotel the hotel development limit. Municipal facilities are not restricted or included in any development limit. All existing provisions within Table LU -2 remain unchanged 21-56 RESOLUTION NO. 2015-## C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #85 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Hall" shall be removed from the General Plan. Labeling the new City Hall site as "City Hall" on any General Plan map or diagram is also authorized. 49 21-57 RESOLUTION NO. 2015—## EXHIBIT D Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031) A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land use category: Table 2. 1.1 -1 Land Use Plan Categories Land Use Category Uses Density/Intensity The CV -LV category is intended to allow for a range of accommodations (e.g. hotels, 98,725 gross square feet not CV -LV motels, hostels), goods, and services including a fire station. A fire Visitor -Serving intended to primarily serve visitors to the station may not occupy more Commercial — City of Newport Beach. A fire station is than 10% of the total project Lido Village allowed in its current location. Limited Use site. Overnight Visitor Accommodations and residences are not allowed. All other existing provisions within Table 2.1.1-1 remain unchanged. 50 21-58 RESOLUTION NO. 2015-## B. Amend Coastal Land Use Plan Map 1 and Figure 2.1.5-1, as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: MU- MU H CN MU -H MU- PF - MU-' i F Coastal Land Use Plan 150 300 t �c�aWP�4 � Feet e A> Amendment LC2012-001 Document Name, PA2012-031LCP Amendment CV LV Lido Nouse All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. 51 21-59 RESOLUTION NO. 2015-## C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site: "Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right- of-way. A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment. 52 21-60 Attachment B Draft Ordinance 21-61 ORDINANCE NO. 2015 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. CA2012-003 FOR THE FORMER CITY HALL COMPLEX LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND STREET (PA2012-031) WHEREAS, On April 24, 2012, the City of Newport Beach (City) initiated amendments of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code (collectively, Amendments) with respect to the former City Hall Complex (Property), legally described in Exhibit A, attached hereto and incorporated by reference, located at the northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and 475 32nd Street; WHEREAS, the Amendments change the land use categories and zoning district from Public Facilities to Mixed Use. Additionally, the CLUP amendment modifies Policy 4.4.2-1 allowing buildings to exceed the 35 -foot Shoreline Height Limit; WHEREAS, pursuant to Section 65352.3 of the California Government Code, the appropriate tribal contacts identified by the Native American Heritage Commission were provided notice of the proposed General Plan Amendment on October 4, 2012. The City received an inquiry from one tribal representative. The Native American representative indicated that he could coordinate monitoring services during grading/construction if it is determined that such monitoring is required. The tribal representative did not indicate any knowledge of the presence of any significant cultural or archaeological resources on the Property. The Property is located within a highly developed area and has been completely disturbed. As such, impacts related to archaeological resources are not expected to occur. However, in the unlikely event that buried cultural resources or human remains are discovered during excavation activities, Mitigation Measure CUL -1 requires an archeologist and Native American Monitor be present during earth removal or disturbance activities related to rough grading and other excavation for utilities, and as such, a less than significant impact would occur in this regard; WHEREAS, on April 25, 2013, the City sent a surplus land notice consistent with California Government Code Section 54222. No entities expressed an interest in acquiring the Property for the development of affordable housing, parks and open space, or schools; WHEREAS, the Planning Commission held a public hearing on August 11, 2014, in the City Hall Council Chambers, 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 Draft Environmental Impact Report (DEIR), Final Environmental Impact Report (FEIR) which consists of Responses to Comments, and Mitigation Monitoring and Reporting Program (MMRP), the draft Findings and Facts in Support of Findings (Findings), Errata, staff report, and evidence, 1 21-62 ORDINANCE NO. 2015 - both written and oral, were presented to and considered by the Planning Commission at these hearings; WHEREAS, On August 11, 2014, the Planning Commission adopted Resolution No. 1952 by a vote of 5-0 recommending certification of the Lido House Hotel Final EIR (Commissioner Hillgren abstained and Commissioner Kramer absent) (ER2014-003, SCH No. 2013111022) the Former City Hall Amendments (PA2012-031) and Lido House Hotel (PA2013-217). WHEREAS, on August 11, 2014, the Planning Commission adopted Resolution No. 1953 by a vote of 5-0 recommending approval of the Former City Hall Amendments (Commissioner Hillgren abstained and Commissioner Kramer absent) (PA2012-031) without a mixed-use/residential component and approval of the Lido House Hotel (PA2013-217); WHEREAS, on September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California, the City Council held a public hearing to consider the Amendments and a FEIR prepared for the project. A notice of the time, place and purpose of the public hearing was provided in accordance with CEQA and the NBMC; WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the Lido House Hotel FEIR No. ER2014-003 (SCH No. 2013111022) to be in compliance with CEQA, the State CEQA Guidelines, and City Council Policy K-3; WHEREAS, on September 9, 2014, the City Council adopted Resolution No. 2014-81 approving General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment No. LC 2012-001. These amendments were adopted contingent upon approval by the California Coastal Commission; WHEREAS, on September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting Zoning Code Amendment No. CA2013-003; WHEREAS, on September 24, 2014, the City submitted Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal Commission; WHEREAS, on October 7, 2015, the California Coastal Commission certified the City's application request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP land use category and Policy 4.4.2-1. The suggested modifications changed the proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido Village. This change in policy language allows for the same range of allowed commercial uses as the City -approved amendment and prohibits all forms of timeshares or fractional ownership visitor accommodations. The modification also does not increase development intensity beyond what the City authorized. The suggested modifications to CLUP Policy 4.4.2-1 provided increased setbacks from streets and limited the area and size of structures that could exceed 35 feet in height. The modification of CLUP Policy 4.4.2-1 is more restrictive than the City -approved amendment but still allows the proposed Lido House Hotel; 2 21-63 ORDINANCE NO. 2015 - WHEREAS, the certified FEIR showed that the proposed project would not result in any significant and unavoidable impacts and all potential impacts would be reduced to a less than significant level with the incorporation of several mitigation measures. Although the proposed amendments have changed from "mixed-use" to "visitor -serving commercial," the modified amendments: 1) do not change the development potential or intensity of use; 2) do not significantly change allowed uses; and 3) are more restrictive in terms of setbacks and structure heights. Therefore, modifying the previously approved amendments consistent with the Coastal Commission's suggested modifications are not substantial and the FEIR does not require revisions as the changes to the project do not result in new impacts or increases in the severity of impacts previously identified and addressed in the certified Lido House Hotel FEIR (SCH No. 2013111022); WHEREAS, on November 5, 2015, the Planning Commission held a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider modifications of the Amendments as a result of the Coastal Commission's action. A notice of the time, place and purpose of the hearing was provided in accordance with the NBMC. Evidence both written and oral was presented to and considered by the Planning Commission during the hearing. At the conclusion of the hearing, the Planning Commission adopted Resolution No. 1999 by a vote of 4 ayes, 0 noes, 2 absent and 1 abstaining recommending approval of the revised Amendments making them consistent with the suggested modifications from the California Coastal Commission; WHEREAS, on November 24, 2015, the City Council held a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to consider the revised Amendments. A notice of the time, place and purpose of the hearing was provided in accordance with Newport Beach Municipal Code. Evidence both written and oral was presented to and considered by the City Council during the hearing; WHEREAS, Amendments to the General Plan are legislative acts. Neither the City nor State Planning and Zoning Law set forth any required findings for either approval or denial of such Amendments otherwise found to be within the public interest; WHEREAS, the Property is located in proximity to commercial services, recreational uses, and transit opportunities with routine bus service provided along Newport Boulevard. The proposed General Plan Amendment provides for variety of land uses for the site including a luxury hotel that will promote revitalization of the Lido Village area while ensuring neighborhood compatibility. The proposed hotel will serve visitors and residents and increase access opportunities in the Coastal Zone; WHEREAS, the proposed amendment of Coastal Land Use Plan Policy 4.4.2-1, as modified as suggested by the California Coastal Commission, to provide an exception to the 35 -foot height limit of the Shoreline Height Limitation Zone is necessary and appropriate to accommodate the proposed intensity of use, significant open space on the site and the project's lack of impact to public views. This finding is based upon the public view impact analysis within Section 5.2 (Aesthetics Light/Glare) of the Lido House Hotel FEIR showing that there will not be a significant impact to protected public views from General Plan and Coastal Land Use Plan designated vantages. Additionally, there are no public views through the Property from abutting roadways and public spaces; and 3 21-64 ORDINANCE NO. 2015 - WHEREAS, Pursuant to CEQA Guidelines Section 15091, the City Council has reviewed and hereby adopts the CEQA Findings and Facts in Support of Findings as adopted in City Council Resolution No. 201549, entitled Findings and Facts in Support of Findings for the Lido House Hotel, Final Environmental Impact Report, State Clearinghouse No. 2013111022, which findings shall be incorporated herein by reference. WHEREAS, Pursuant to CEQA Guidelines Section 15062, the changes to the project are not substantial, as they do not involve new significant effects or a substantial increase in the severity of previously identified significant effects, and therefore, a subsequent EIR does not need to be prepared. NOW, THEREFORE, THE CITY COUNCIL OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this resolution. Section 2: The City Council of the City of Newport Beach hereby rescinds Ordinance No. 2014-16 as it is not consistent with the California Coastal Commission's certification of LCP-5-NPB-14-0831-3 with suggested modifications. Section 3: Amend Section 20.14.020 (Zoning Districts Established) to add and establish the "CV -LV" Zoning District within Table 1-1 as follows with all other existing provisions of Section 20.14.020 and Table 1-1 remaining unchanged. Table 1-1 Commercial Zoning Districts Zoning Map Zoning Districts General Plan Land Use Designations Symbol Implemented by Zoning Districts CV -LV Commercial Visitor -Serving, CV -LV (Visitor -Serving Commercial - Lido Village Lido Village) Section 4: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF (Public Facilities) to CV -LV (Commercial Visitor-Serving—Lido Village) and establish Anomaly #85 as depicted in Exhibit B. All related zoning maps or diagrams shall be amended to maintain consistency with the new zoning district. Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall," said label shall be removed from the Zoning Map and labeling the site of the new City Hall located at 100 Civic Center Drive as "City Hall" on any Zoning Map or diagram is authorized. Section 5: Amend Section 20.20.010 (Purposes of Commercial Zoning Districts) to add Subsection J as follows with all other existing provisions of Section 20.20.010 remaining unchanged: J. The CV -LV (Commercial Visitor -Serving -Lido Village) zoning district. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The CV -LV designation provides E 21-65 ORDINANCE NO. 2015 - for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach and a fire station. Limited Use Overnight Visitor Accommodations and residential uses are not allowed. Section 6: Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) to add allowed uses and establish permit requirements for the CV -LV zoning district within Table 2-5 as highlighted in yellow in Exhibit C with all other existing provisions of Section 20.20.020 remaining unchanged. Section 7: Amend 20.22.030 (Commercial Zoning Districts General Development Standards) to add development standards for the CV -LV zoning district within Table 2-7 as highlighted in yellow in Exhibit C with all other existing provisions of Section 20.20.030 remaining unchanged. Section 8: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published in the official newspaper of the City, and the ordinance shall become final and effective upon the effective date of approval by the California Coastal Commission of the Coastal Land Use Plan Amendment (LC2012-001). 5 21-66 ORDINANCE NO. 2015 - This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 24th day of November, 2015, and adopted on the 8th day of December, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A,, � I) , ( AARON C -HARP, CITY ATTORNEY Edward D. Selich, Mayor 1101 21-67 EXHIBIT "A" Legal Description LEGAL DESCRIPTION: ORDINANCE NO. 2015 - THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32"D STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. 7 21-68 ORDINANCE NO. 2015 - PARCEL 3: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA 0 21-69 ORDINANCE NO. 2015 - Exhibit B Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district of 3300 Newport Boulevard and 475 32nd Street and establish Anomaly #85 as follows. �i 4' Dccumonl Nome' MU -W2 U -W2 M U -6915TH .S2._ )15TH..STZ /. / Is `�CV71 5TH . tJ / 0 150 30C Feel Zoning Code Amendment CA2012-003 e rdmenl CV tV W,) Housa Anomaly Development Limits Development Limit Other Additional Information Number Accessory commercial floor area is allowed in conjunction with a hotel and it 85 98,725 sf of hotel is included within the hotel development limit. Municipal facilities are not restricted or included in any development limit. Exhibit C E 21-70 ORDINANCE NO. 2015 - Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) to add allowed uses and establish permit requirements for the new CV -LV zoning district within Table 2-5 highlighted in Yellow as follows: 10 21-71 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52,020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. CC CC CM CN CV CV -LV Specific Use Regulations See Chapter 20.12 for unlisted uses. Industry, Manufacturing and Processing, and Warehousing Uses Handicraft Industry P P P P P P Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities CUP CUP CUP CUP CUP CUP Commercial Recreation and CUP CUP CUP CUP CUP CUP Entertainment Cultural Institutions P P MUP — P Schools, Public and Private — CUP CUP CUP CUP — Retail Trade Uses Alcohol Sales (oft sale) MUP MUP MUP MUP MUP MUP Section 20.4&.030 Alcohol Sales (off -sale), P P P P P P Accessory Only Bulk merchandise — P — P — — Marine Rentals and Sales Boat Rentals and Sales CUP CUP CUI' I' Marine Retail Sales P P I' P 1' Retail Sales P P P P — Visitor -Serving Retail P — P P Service Uses—Business, Financial, Medical, and Professional ATM P P P P P P Emergency Health Facility/Urgent MUP MUP MUP Care (above l st floor only) Financial Institutions and Related P P — P P P Services 10 21-71 ;f1:4071101ul9MIEelW.x1m 11 21-72 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allotsed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV -LV Regulations See Chapter 20.12 for unlisted uses. Offices—Corporate (above 1st 1' P P 1' — — floor only) Offices—Business P P P P P P Offices—Medical and Dental P P - P P — Offices—Professional (above 1st P P P P P — floor only) Outpatient Surgery Facility MUP MUP P — — — (above 1st floor only) Service Uses --General Ambulance Services — MUP — — — — Animal Sales and Services Animal Boarding/Kennels CUP CUP -- CUP — — Section 20.48.050 Animal Grooming P P — P P — Section 20.48.050 Animal Retail Sales 1' P P P — Section 20.48.050 VeterinaryServiccs Cll' CI- 11 CLT — Section 20.48.050 Artists' Studios I' I' P P P P Catering Services Day Care, General MUP MUP M lll' MUP Forting and Drinking Establishments Accessory Food Service P P P P P P Section (open to public) 20.48.090 Bats, Lounges, and CUP CUP CUP CUP CUP — Section Nightclubs 20.48.090 Fast Food (no late hours) P/MUP P/MUP P/MUP P/MUP PIMUP P/MUP Section (1)(2) 20.48.090 Fast Food (with late hours) MUP MUP MUP MUP MUP MUP Section (1 ) 1 1 1 1 1 120.48.090 Food Service (no alcohol, no PIMUP P/MUP P/MUP PIMUP P/MUP P/MUP Section 11 21-72 ORDINANCE NO. 2015 - it 21-73 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN I CV CV -LV Regulations See Chapter 20.12 for unlisted uses. late hours) (1)(2) 20.48.090 Food Service (no late hours) MUP MUP MUP MUP MUP MUP Section (1) 20.48.090 Food Service (with late CUP CUP CUP CUP CUP CUP Section hours) (1) 20.48.090 Take -Out Service, Limited P/MUP P/MUP P/MUP P/MUP P/MUP PIMUP Section (2) 20.48.090 Funeral Homes and Martuaries, — MUP — — — — without crematorium Funeral Homes and Mortuaries, — CUP — with crematorium Health/Fitness Facilities Small -2,000 sq. ft. or less P P P P P P large—Over 2,000 sq. ft. MUP MUP IVIUP MUP MUP Laboratories — P — — Maintenance and Repair Services P P P Marine Services Boat Storage Clip Boat Yards CUP Entertainment and — P P P Title 17 Excursion Services Marine Service Stations CUP CUP Water Transportation MUP MUP Services Massage Establishments MUP MUP -- MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP 1%1UP MUP MUP Section 20.48.120 Nail Salons P P P P P it 21-73 ORDINANCE NO. 2015 - TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS Commercial Retail Zoning Districts Permit Requirements P Permitted by Rilght CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. CC CG C%I C`' CV CV -LV Specific Use Regulations Personal Services, General P P -- P P P Personal Services, Restricted MUP MUP MUP MUP Studio P P P P Postal Services P P P P — Printing and Duplicating Services P P — P — — Recycling Facilities Collection Facility Small MUP MUP — MUP — — Section 20.48.160 Smoking Lounges — — — — — — Visitor Accommodations Bed and Breakfast Inns IUP `IUP MUP MUP CUP Section 20.48.060 Hotels and Motels CUP CUP CIDP — CUP CUP RV Paris — CUP Time Share Facilities — CUP — CUP — Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP — Transportation, Communications, and Infrastructure Uses Communication Facilities MUP P 4l UP P P Marinas Title 17 Marina Support Facilities — — MUP — MUP — Parking Facilities MUP MUP MUP MUP MUP MUP Parking Structure, adjacent to residential zoning district CUP CUP — CUP CUP CUP Utilities, Minor P P P P P P Utilities, Major CUP CUP CUP CUP CUP CUP Wireless Telecommunication CUP/MUP/L CUPIMUP/L CUPIMUP/L CUPIMUP/L CUP/MUP/ CUP/MUP/ Chapter 93 21-74 ORDINANCE NO. 2015 - 14 21-75 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minur Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) - Not allowed Land Use See Part 7 of this title for land use definitions, CG CNI Ci` CV CV -LV Specific Use Regulations See Chapter 20.12 for unlisted uses. Facilities 'IT 1 1' I P TP LTP LTP 20.49 Vehicle Rental, Sale, and Service Uses Vehicle/Equipment Rentals General — CUP — — CUP — Office Only P P P P P — Limited P P P P — Vehicles for Hire CUP CUP Vehicle/Equipment Repair General — CUP Limited Imlip 41UP IUP Vehicle/Equipment Sales General — CUP Office Only P P P P P — Limited — P — — — — Vehicle/Equipment Services Automobile — MUP — MUP MUP — Washing/Detailing, full service Automobile P P — P MUP — Washing/Detailing, self- service or accessory Service Stations CUP CUP — CUP CUP — Section 20.48.210 Other Uses Accessory Structures and Uses P P P P P P Drive -Through Facilities MUP MUP MUP MUP MUP — Section 20.48.080 Special Events Chapter 11.03 14 21-75 ORDINANCE NO. 2015 - * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use pennit shall be required for any use that maintains late hours. iN 21-76 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. Cc CG CM CN CV CV -LV Regulations See Chapter 20.12 for unlisted uses. Outdoor Storage and Display h P P P P MUP Section 20.48.140 Temporary Uses I l I' UIP LTP LTP LTP LTP Section 20.52.040 * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use pennit shall be required for any use that maintains late hours. iN 21-76 ORDINANCE NO. 2015 - Exhibit D Amend 20.20.030 (Mixed -Use Zoning Districts General Development Standards) to add development standards for the new CV -LV zoning district within Table 2-7 highlighted in Yellow as follows: 21-77 ___F_CG Additional Development Feature CC CM CN CV CV -LV Requirements Lot Dimensions Minimum dimensions required for each newly created lot Lot Area (1) 5,000 sq. ft. 10,000 sq. ft. NIA 20,000 sq. ft. NIA 10,000 sq. ft. Lot Width 25 ft. 50 ft. NIA 100 ft. NIA 50 ft. Setbacks Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback Areas) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 0 0 Newport Blvd: 1 ft. for below grade structures 20 ft. for structures up to 35 feet in height 60 ft. for structures over 35 feet in height Side (interior, each): Abutting 0 0 0 0 0 1 ft. for below nonresidential grade structures 5 ft. for above grade structures Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Side (Street side) 0 0 0 0 0 32nd Street: I ft. for below grade structures I ft. for structures up to 35 feet in height 70 ft. for structures over 35 feet in height (4) Via Oporto: 0 Rear. Abutting an alley 10 ft. t0 ft. l0 ft. 10 ft. 10 ft. 5 ft. Not abutting an 0 0 0 0 0 0 alley Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Open Space NIA NIA NIA NIA NIA 20% Bulkhead Setback Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. Floor Area Ratio (2) (3) The specific floor area limitations for each zoning district are identified on the Zoning Map. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. 21-77 ORDINANCE NO. 2015 - Additional Development Feature CC CG 2015 - Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) In the CG Zoning District, when 0.310.5 is shown on the Zoning Map, the FAR maybe increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 ( Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) Setbacks to 32"' Street do not apply to Fire Station No. 2 (5) Architectural features such as domes, towers, cupolas, spires, and similar structures maybe up to 65 feet in height. (6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. 17 21-78 CM CN CV CV -LV Requirements Within Shoreline Height 55 ft. with flat Limit Zone roof, less than 26 ft. with flat roof; less than 3112 pitch 3/12 roof pitch 60 ft. with sloped 31 ft. with sloped roof; 3112 or greater pitch roof, 3112 roof pitch or greater 20.30.060 (5)(6) Not within Shoreline 32 ft. with flat roof; less than 3112 pitch See CLUP Policy 4.4.2-1 NIA Height Limit Zone 37 ft. with sloped roof, 3112 or greater pitch Within High Rise Height Area (See Figure H-1, 300 NIA attached to the ordinance codified in this title). Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Ofd Street Parking). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) In the CG Zoning District, when 0.310.5 is shown on the Zoning Map, the FAR maybe increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 ( Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) Setbacks to 32"' Street do not apply to Fire Station No. 2 (5) Architectural features such as domes, towers, cupolas, spires, and similar structures maybe up to 65 feet in height. (6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. 17 21-78 Attachment C Budget Amendment 21-79 City of Newport Beach BUDGET AMENDMENT 2015-16 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates X Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 16BA-012 AMOUNT:1 $1,415,232.00 X Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations in the General Fund to record a transfer to the new FiiN Fund and to increase revenue estimates in the new FiiN Fund from the developer per the Memorandum of Understanding with the Coastal Commission. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund 010 164 REVENUE ESTIMATES Org 16403 16403 Object Description 300000 General Fund - Fund Balance 300000 FiiN Fund - Fund Balance Object Description 691164 FiiN Fund - Transfer In FiiN Fund 561005 FiiN Fund - Private Contributions EXPENDITURE APPROPRIATIONS Org Number Object Number / Signed: Z/'91 Signed Signed Description 010 General Fund 991010 Transfer Out General Fund F�rrancial Approval; Finance Di or AdmRs rative Approval:—City09nager City Council Approval: City Clerk Amount Debit Credit $975,000.00 $1,415,232.00 $975,000.00 $440,232.00 $975,000.00 Automatic System Entry. Date Date Date 21-80 Attachment D Coastal Commission letter dated October 20, 2015 21-81 STATE OF CALIFORNIA - NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR., Governor CALIFORNIA COASTAL COMMISSION South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 {562) 590-5071 October 20, 2015 City of Newport Beach City Council Newport Beach Civic Center 100 Civic Center Drive Newport Beach, CA 92660 Re: City of Newport Beach Major LCP Amendment Request No. 3-14 (LCF-5-NPB-14-0831-3) Dear Councilpersons: You are hereby notified that the California Coastal Commission, at its October 7, 2015 meeting in Long Beach, certified. City of Newport Beach Local Coastal Program (LCP) Amendment No. 3-14 with suggested modifications. LCP Amendment No. 3-14, submitted with City Council Resolution No. 2014-81, would amend the Coastal Land Use Plan to change the land -use designation (CLUP Table 2.1.1-1 and Mapl) for the 4.25 -acre former City Hall site located at 3300 Newport Boulevard, and adopt limited exceptions to the 35 -foot height limitation set forth in the Shoreline Height Limitation Zone. Pursuant to the Commission's action on October 7, 2015, certification of the City of Newport Beach LCP Amendment No. 3-14 is subject to the attached suggested modifications (Attachment A). Therefore, LCP Amendment No. 3-14 will not be effective for implementation in the City's coastal zone until: 1) the City Council adopts the Commission's suggested modifications, 2) the City Council forwards the adopted suggested modifications to the Commission by resolution, and, 3) the Executive Director certifies that the City has complied with the Commission's October 7, 2015 action. The Coastal Act requires that the City's adoption of the suggested modifications be completed within six months of the Commission's action. Thank you for your cooperation and we look forward to working with you and your staff in the future. Please contact Amber Dobson at (562) 590-5071 with questions regarding the modifications required for effective certification of the City of Newport Beach LCP Amendment No. 3-14. Sincerely, 7ikk, — - Karl Schwing District Manager Attachment A: Suggested Modifications A -C cc. Kimberly Brandt AICD, Community Development Director 21-82 Attachment A Certification of Land Use Plan Amendment No. 3-14 is subject to the following modifications A through C. Text added by the suggested modification is bolded, and text suggested to be deleted by the California Coastal Commission is stpdec tlueugh. Only those specific subsections of the LUP for which modifications are being suggested are shown below. A. Table 2.1:1-1- Land Use Plan Categories Modify Table 2.1.1-1 as follows: B. Coastal Land Use Plan Map 1, Figure 2.1.5-1 Modify Coastal Land Use Plan Map 1, Figure 2.1.5-1 (and any other related maps or diagrams within the CLUP to maintain consistency with the new CV -LV land use category), as it relates to the former City Hall Complex (3300 Newport Boulevard & 475 32nd Street) to designate the former City Hall Complex with the CV -LV (Visitor -Serving Commercial -- Lido Village) land use designation. Page 1 of 2 21-83 c. Land Use Uses Density/Intensity Category A.— AAT ateger is Wended to , .ide- f � the leyel...,,,-:ef4 ami3E of user W- ie „, fi 7' Aif,,,-.ieipa F b lkies a a TT W7E6�i-fliTicrcisrrC-BTm�n�riiurvr�r'r,•�ccrdzii�$�' CV -LV ,aa+ien, e, eepmer.+ Wee s e:. 6 .. .... o .. al , „al, The CV -LV category isIntended to allow for:' 98,725'gross square feet .' Visitor -Serving a range of accommodations (e.g. hotels, het,�.q-fiot including a fire Commercial = motels, hostels), goods, and services intended station, Afire -station -ma y Lido Village to primarily serve visitors to the City of not occupy more :than Newport Beach. A fire stationis allowed in its 10%.of the total prefect current location. Limited Use Overnigh# site. Visitor Accommodations and residences are not allowed. Note: The CV -LV (Visitor Serving Commercial — Lido Village) category applies to the former City Hall Complex that includes Fire Station 92 (3300 Newport Boulevard and 475 32" J Street). B. Coastal Land Use Plan Map 1, Figure 2.1.5-1 Modify Coastal Land Use Plan Map 1, Figure 2.1.5-1 (and any other related maps or diagrams within the CLUP to maintain consistency with the new CV -LV land use category), as it relates to the former City Hall Complex (3300 Newport Boulevard & 475 32nd Street) to designate the former City Hall Complex with the CV -LV (Visitor -Serving Commercial -- Lido Village) land use designation. Page 1 of 2 21-83 C. Coastal Land Use Plan Policy 4.4.2-1 (Shoreline Height Limitation Zone) Modify CLUP Policy 4.4.2-1, as follows: 4.4.2-1. Maintain the 35 -foot height limitation in the Shoreline Height Limitation Zone, as graphically depicted on Map 4-3, except for the following sites: A. [Section A (Marina Park) is not currently before the Commission as part of this L UP amendment. The height limit exception for Marina Park, as certified pursuant to City of Newport Beach LCP Amendment No. 1-12, is contained in City Council Resolution No. 2013-44, May 28, 2013.] B-. [Section B (Back Bay Landing) is not currently before the Commission as part of this L UP amendment. The height limit exception for Back Bay Landing is the subject of City of Newport Beach LCP Amendment No. 2-14, which will come before the Commission at a future meeting.] E: B. Former City Hall Complex at 3300 Newport Blvd and 475 32"d Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the pears of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely material! impact public views. Peaks an s! ",NR ef reefs and eleyffter t& eeed 55 feet by up te 5 feet and Architectural features such as domes, towers, cupolas, spires, and similar structures may exceed 55 f et by 10 f be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32"d Street right- of-way. ight- of� - T A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment. The purpose of allowing limited exceptions to the 35 -foot height limit on this site is to promote vertical clustering resulting in increased publically accessible on-site open space and architectural diversity while protecting existing coastal views and providing new coastal view opportunities. Page 2 of 2 21-84 Attachment E Notice of Intent to Issue Permit 21-85 STATEOFCALTFORNIA- NATURAL RESOURCES AGENCY EDMUND G. BROWN, )R., GOVERNOR CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT OFFICE 200 OCEANGATF- 14TH FLOOR LONG BFACH, CALIFORMA 90802-4416 PH (562) 590-5071 FAX (562) 590-5084 W W W.COASTAL,CA.GOY Page 1 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE APPLICANT OF THE STEPS NECESSARY TO OBTAIN A VALID AND EFFECTIVE COASTAL DEVELOPMENT PERMIT ("CDP"), A Coastal Development Permit for the development described below has been approved but is not yet effective. Development on the site cannot commence until the CDP is effective. In order for the CDP to be effective, Commission staff must issue the CDP to the applicant, and the applicant must sign and return the CDP. Commission staff cannot issue the CDP until the applicant has fulfilled each of the "prior to issuance" _Special Conditions. A list of all the Special Conditions for this permit is attached. The Commission's approval of the CDP is valid for two years from the date of approval. To prevent expiration of the CDP, you must fulfill the "prior to issuance" Special Conditions, obtain and sign the CDP, and commence development within two years of the approval date specified below. You may apply for an extension of the permit pursuant to the Commission's regulations at Cal. Code Regs. title 14, section 13169. On October 7, 2015, the California Coastal Commission approved Coastal Development Permit No. 5-14-1785 requested by Olson Real Estate Group, Inc., Dba R. D. Olson Development subject to the u, cilked conditions, for developnier>t consisting oL Demolish the existing public faciiities structure (former City Hall) and construct a new 4 -story (up to 65 feet high), 130 -room hotel, with 856 sq. ft, of retail and 148 parking spaces. Reconfigure the public street parking on 32nd street. 6,640 cubic yards of grading, more specifically described in the application filed in the Commission offices. Commission staff will not issue the CDP until the "Prior to issuance" special conditions have been satisfied. The development is within the coastal zone at: 3300 Newport Blvd, Newport Beach (Orange County) (APN(s): 423-111-02) If you have any questions regarding how to fulfill the "prior to issuance" Special Conditions for CDP No. 5-14-1785, please contact the Coastal Program Analyst identified below. 21-86 Page 2 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) Sincerely, Charles Lester Executive Director i kf Amber Dobson Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this Notice and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not corn.•ne;<cs until a copy of the permit, signed by the permittee or authorized -agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, then permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission and affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and 21-87 Page 3 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: This permit is granted subject to the following special conditions: 1. FUTURE DEVELOPMENT This permit is only for the development described in Coastal Development Permit 5-14-1785: a 130 -room hotel with a maximum gross floor area of 98,725 square feet, including meeting space, retail floor area, restaurants, and a roof top bar. Pursuant to Title 14 California Code of Regulations section 13253(b)(6), the exemptions otherwise provided in Public Resources Code section 30610 (b) shall not apply to the development governed by the coastal development permit No. 5-14-1785. Accordingly, any future improvements to the structure authorized by this permit, including but not limited to changes in square footage or height of the hotel, conversion of common space, lobbies, or storage areas to guest rooms and vice versa, number of guest rooms, number of on-site parking spaces, and repair and maintenance identified as requiring a permit in Public Resources section 30610(d) and Title 14 California Code of Rcgulations sections 13252(a) -(b), shall require an amendment to Permit 5-14-1785 from the Commission or shall require an additional coastal development permit from the Commission or from the applicable certified local government. 2. PARKING AND TRANSPORTATION PLANS A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide for review and approval by the Executive Director, a transportation demand management program as follows: (1) The applicant shall provide and maintain a minimum of 148 parking stalls on the site to serve the approved development. Valet parking service is allowed in order to increase the number of vehicles that can be stored on the site. All available parking shall be shared among and equally available to all of the patrons, employees, and other users of the buildings, and no parking spaces shall be assigned for exclusive use, with exception of required ADA parking, including valet service. (2) The applicant shall actively encourage employee participation in a Ride Sharing/Carpooling program and shall offer coordination services free of charge. (2) A public transit fare reimbursement program shall be implemented by the applicant. The system shall be in effect for at least a 30 -year period. The applicant shall provide for a minimum of 50% reimbursement to 100% of the employees of the development for public transit fare to and from work. Posters, brochures and registration materials of the program shall be available to employees at all times. Employees shall be informed of the program upon orientation and annually thereafter. Page 4 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) (3) The applicant shall provide a bicycle parking area for a minimum of 30 bicycles, free of charge, on the property. All bicycle parking spaces shall be shared among and equally available to all of the patrons, employees, and other users of the buildings. (4) The applicant shall implement a publicity program, the contents (posters, brochures and registration materials, etc.) of which is subject to the review and approval of the Executive Director, that indicates how the future occupants of the development will be made aware of the provisions of this special condition. The publicity program shall be implemented during the first month of occupancy of the new development and annually thereafter. (5) The applicant shall provide shuttle service between John Wayne Airport and the project site for all guests of the hotel. (6) If the onsite parking lot is not free of charge, a validation program for members of the public utilizing onsite commercial uses shall be provided, offering a discounted parking rate. The permittee shall undertake the development in accordance with the approved program. Any proposed changes to the approved program shall be reported to the Executive Director. No changes to the program shall occur without a Coastal Commission approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. �. CONSTRUCTION AND DEMOLITION PLAN PRIOR TO THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT, the applicant shall submit a Construction and Demolition Plan to the Executive Director for review and approval. The plan shall identify the specific location of all construction areas, all staging areas, and all construction access corridors in site plan view. Construction and demolition staging zones shall be limited to the minimum area required to implement that approved project, and to minimize construction encroachment on public areas. The plan shall also identify the type and location of erosion control/water quality best management practices that will be implemented during construction to protect coastal water quality, including the following: a) No construction materials, debris, or waste shall be placed or stored where it may enter a storm drain or be subject to wave erosion and dispersion; b) Any and all debris resulting from construction activities shall be removed from the project site within 24 hours of completion of construction; c) Best Management Practices (BMPs) and Good Housekeeping Practices (GNPs) designed to prevent spillage and/or runoff of construction -related materials, and to contain sediment or contaminants associated with construction activity, shall be implemented prior to the on -set of such activity. BMPs and GHPs which shall be implemented include, but are not limited to: stormdrain inlets must be protected with sandbags or berms, all stockpiles must be 21-89 Page 5 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) covered, and a pre -construction meeting should be held for all personnel to review procedural and BMP/GHP guidelines. Selected BMPs shall be maintained in a functional condition throughout the duration of the project. d) Construction debris and sediment shall be properly contained and secured on site with BMPs, to prevent the unintended transport of sediment and other debris into coastal waters by wind, rain or tracking. Construction debris and sediment shall be removed from construction areas as necessary to prevent the accumulation of sediment and other debris which may be discharged into coastal waters. Debris shall be disposed at a debris disposal site outside the coastal zone. e) Silt fences, or the equivalent, shall be installed at the perimeter of the construction site to prevent construction related runoff and/or sediment from discharging onto the nearby waterways. f) Equipment washing, refueling, and/or servicing shall not take place on the project site. All construction equipment shall be inspected and maintained at an offnsite location to prevent leaks and spills of hazardous materials at the project site. g) The construction site shall maintain good construction housekeeping controls and procedures (for example, clean up all leaks, drips, and other spills immediately; keep materials covered and out of the rain, including covering exposed piles of soil and waste; dispose of all waste properly, place trash in receptacles onsite for that purpose and cover open trash cans when not in use). h) All erosion and sediment controls shall be in place prior to the commencement of construction as well as at the end of each work day. i) Any required dewatering of the site due to groundwater intrusion; or percolating surface water, during construction or post -construction will require filters to be installed on all dewatering pumps and sump pumps. Such dewatering shall comply with the State of California Regional Water Quality Control Board or the Sanitary District discharge requirements. A copy of the approved Construction and Demolition Plan shall be kept at the construction job site at all times and all persons involved with the construction shall be briefed of its content and meaning prior to the commencement of demolition/construction. The permittee shall notify Commission staff at least 3 working days in advance of commencement of the demolition and construction, and immediately upon completion of construction. The permittee shall undertake the approved development in accordance with the approved Construction and Demolition Plan. Any proposed changes to the approved plan shall not occur without a Commission amendment this coastal development permit unless the Executive Director determines that no amendment is necessary. 4. WATER QUALITY MANAGEMENT PLAN 21-90 Page 6 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for the review and approval of the Executive Director, a Water Quality Management Plan (WQMP) for the post -construction project site, prepared by a licensed water quality professional, and shall include plans, descriptions, and supporting calculations. The WQMP shall incorporate structural and non-structural Best Management Practices (BMPs) designed to reduce, to the maximum extent practicable, the volume, velocity and pollutant load of stormwater and dry weather flows leaving the developed site. In addition to the specifications above, the plan shall be in substantial conformance with the following requirements: a) Post -development peak runoff rates and average volumes shall not exceed pre - development conditions. b) Appropriate structural and non-structural BMPs shall be designed to treat or filter the runoff from all surfaces and activities on the development site. c) Post -construction structural BMPs (or suites of BMPs) should be designed to treat or filter the amount of stormwater runoff produced by all storms up to and including the 85th percentile, 24-hour storm event for volume -based BMPs, and/or the 85th percentile, 1 -hour storm event, with an appropriate safety factor (i.e., 2 or greater), for flow -based BMPs. d) Runoff from all roofs and parking areas shall be collected and directed through a system structural BMPs of vegetated areas and/or gravel filter strips or other vegetated or media filter devices. The filter elements shall be designed to 1) trap sediment, particulates and other solids and 2) remove or mitigate contaminants through infiltration and/or biological uptake. The drainage system shall also be designed to convey and discharge runoff in excess of this standard from the building site in a non-erosive manner. e) The WQMP shall provide for the treatment of runoff from the parking surfaces using appropriate structural and non-structural BMPs. At a minimum this must include a filter designed specifically to minimize vehicular contaminants (oil, grease, automotive fluids, heavy metals), sediments, and floatables and particulate debris. f) The applicant shall regularly sweep -the parking surfaces on a weekly basis, in order to prevent dispersal of pollutants that might collect on those surfaces. g) The detergents and cleaning components used on site shall comply with the following criteria: they shall be phosphate -free, biodegradable, and non-toxic to marine wildlife; amounts used shall be minimized to the maximum extent practicable; no fluids containing ammonia, sodium hypochlorite, chlorinated solvents, petroleum distillates, or lye shall be used; h) The applicant shall not spray down or wash down the parking lot or surrounding sidewalks unless the water used is directed through the sanitary sewer system or a filtered drain. No car washing shall be permitted in the parking lot. i) All BMPs shall be operated, monitored, and maintained for the life of the project and at a minimum, all structural BMPs shall be inspected, cleaned -out, and where necessary, repaired at the following minimum frequencies: (1) prior to October 15th each year; (2) during each month between October 15`h and April 15a' of each year and, (3) at least twice during the dry season. j) Debris and other water pollutants removed from structural BMP(s) during clean-out shall be contained and disposed of in a proper manner; 21-91 Page 7 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) k) It is the applicant's responsibility to maintain the drainage system and the associated structures and BMPs according to manufacturer's specification. 1) Water from the pool and spa shall not enter any stormdrains without proper treatment. m) Provide a detailed description and flows of the "Flow Through" system in the parking lot area. n) Provide clarification of the Fire Station parking lot permeability. o) Adequate curb cut size, number, and placement called out on the plans. p) The center of the parking areas and graded areas shall be constructed to adequately drain toward infiltration zones. q) Finished grade of landscaping areas should be at a lower elevation dw-the surrounding impermeable areas. The permittee shall undertake development in accordance with the final plan. Any proposed changes to the final plan shall be reported to the Executive Director. No changes to the final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is legally required. 5. GENERAL OCCUPANCY REQUIREMENT By acceptance of this permit, all hotel facilities shall be open to the general public, except for the pool and spa which may be restricted to hotel guests. The hotel shall be operated as a bon fide hotel. No timeshare or other fractional ownership or long-term occupancy of units is permitted without an amendment to this permit. Rooms may not be rented to any individual, family, or other related group for more than 29 consecutive days or in accordance with any local government limitations on length of hotel stay. 6. LOWER COST OVERNIGHT ACCOMMODATIONS MITIGATION PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall provide evidence, in a form and content acceptable to the Executive Director, that a fee of $42,120 per unit for 25% (32 units) of the total number of high cost overnight accommodations (? 30 high cost hotel rooms) in the approved project, plus a 5% administrative fee, has been paid to an accepting entity as described further below, in lieu of providing lower cost overnight accommodations on site. A. The required in -lieu mitigation fee of $1,415,232.00 (herein `fee') shall be deposited into an interest-bearing account, to be established and managed by one of the following entities approved by the Executive Director of the Coastal Commission (herein `ED'): the City of Newport Beach, the California Coastal Conservancy, Hostelling International USA, California 4 Department of Parks and Recreation, or a similar ED -approved entity, in support of providing y' lower cost overnight visitor -serving accommodations such as RV park sites, hostel beds, tent �} campsites, cabins or campground units, and/or lower cost overnight accommodation opportunities in conjunction with an outdoor youth educational program (further described in subsection B of this condition), within the vicinity of Newport Beach or greater Orange County. The entire fee and accrued interest (herein `funds') shall be used for the above stated purpose in consultation with the ED. All development funded by this account will require review and approval by the ED and a coastal development permit, if a permit is required. The funds shall be 21-92 Page 8 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) used in their entirety within ten years of the fee being deposited into the interest-bearing account established and managed by the accepting entity (or entities). If any portion of the funds remain in the account after ten years and the ED determines the funds should be reassigned, those funds shall be donated to an agency or non-profit entity, to be selected by the ED, providing lower cost overnight accommodations in the Southern California coastal zone to be used for the above stated purpose. B. Subject to review and approval of the ED, the City of Newport Beach (herein `City') may receive some or all of the funds if the City establishes a program to utilize the funds to provide lower cost overnight accommodation opportunities (in new or existing facilities) in conjunction with an outdoor youth educational program (herein `Program'), in a content and form acceptable to the ED. The Program shall provide overnight accommodations and educational and recreational opportunities for disadvantaged youth from Title 1 schools, as defined in the Elementary and Secondary Education Act, as amended, by providing an outdoor camp -like experience during the academic school year. The funds for the Program will provide for the expenses directly related to the overnight stays and coastal -dependent recreational opportunities such as kayaking, boating, etc. If the City receives some or all of the funds, then the additional 5% administrative fee to the mitigation funds will provide for City staff costs to manage the program annually. The Program will serve a minimum of 350 students per year, provide a minimum of 3 -night stays, and will operate a minimum of 10 years from the commencement of the Program based upon an initial funding. The educational component will focus on ocean safety, coastal and marine ecology, coastal hazards, and/or other coastal -related topics and the Program will include water -oriented recreational activities such as kayaking, boating, swimming or surfing, etc. An annual report on Program accomplishments and finances, as well as any recommended changes and/or expansions to the Program, shall be transmitted to the ED for the first 10 years of the Program, or for as long as the funds last, whichever is longer. The Program may be expanded to accommodate more students, and/or more camp sites, and/or more seasons of the year, and can be extended past the initial 10 years if existing funds allow or additional funding is available. Expansion and/or other changes to the program are subject to the review and approval of the ED, or the Commission itself if the ED determines an amendment or new permit is required. C. If the City does not enter into a memorandum of understanding (MOU) with the Coastal Commission as required in subsection D and implement the above outlined Program within 24 months of issuance of this permit 5-141785 all funds shall be assigned to another entity approved by the ED, in order to be used for the purposes stated in subsection A above. D. Prior to expenditure of any funds required pursuant to this condition, the ED shall review and approve in writing, the proposed use of the funds as being consistent with the intent and ,purpose of this condition. In addition the entity accepting the funds required by this condition shall enter into a MOU with the Commission, which shall include, but not be limited to, the following: 1) a description of how the funds will be used to provide lower cost overnight accommodations and/or the Program identified in subsection B, above, in the coastal zone; 2) the terms provided in subsection A, and/or B, if applicable, of this condition; and 3) an agreement that the entity accepting the funds will obtain all necessary regulatory permits and approvals, including but not 21-93 Page 9 October 28, 2015 Permit Application No.: 5-14-1785 NOTICE OF INTENT TO ISSUE PERMIT (Upon satisfaction of special conditions) limited to, a coastal development permit; 4) the entity accepting the funds will commence development of the lower cost overnight accommodations and/or Program identified in subsection B, above, within 36 months of the MOU date of effectiveness. The ED may extend the above -identified deadlines, in writing, for good cause. i. LANDSCAPING: DROUGHT TOLERANT, NON-INVASIVE PLANTS By acceptance of this permit, newly landscaped areas onsite shall only consist of drought tolerant plants native to coastal Orange County and appropriate to the habitat type. Native plants shall be from local stock wherever possible. No plant species listed as problematic and/or invasive by the California Native Plant Society (hM://www.CNPS.org , the California Invasive Plant Council (formerly the California Exotic Pest Plant Council) (http://www.cal-ipc.orgD, or as may be identified from time to time by the State of California shall be employed or allowed to naturalize or persist on the site. No plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government shall be utilized within the property. All plants shall be low -water - use plants as identified by California Department of Water Resources (httv://www.water.ca.gov/wateruseefficiency/docs/wucolsOO.p!Lo. 8. DEED RESTRICTION PRIOR TO ANY CONVEYANCE OF THE PROPERTY THAT IS THE SUBJECT OF THIS COASTAL DEVELOPMENT PERMIT, the landowner shall execute and record a deed restriction, in a form and content acceptable to the Executive Director: (1) indicating that, pursuant to this permit, the California Coastal Commission has authorized development on the subject property, subject to terms and conditions that restrict the use and enjoyment of that property (hereinafter referred to as the "Standard and Special Conditions"); and (2) imposing all Standard and Special Conditions of this permit as covenants, conditions and restrictions on the use and enjoyment of the Property. The restriction shall include a legal description of the landowner's entire parcel or parcels. It shall also indicate that, in the event of an extinguishment or termination of the deed restriction for any reason, the terms and conditions of this permit shall continue to restrict the use and enjoyment of the subject property so long as either this permit or the development it authorizes — or any part, modification, or arnendment thereof - remains in existence on or with respect to the subject property. NOTE: IF THE SPECIAL CONDITIONS REQUIRE THAT DOCUMENT(S) BE RECORDED WITH THE COUNTY RECORDER, YOU WILL RECEIVE THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS). IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE DISTRICT OFFICE. 21-94 Attachment F Planning Commission Resolution No. 1999 (Unsigned) 21-95 RESOLUTION NO. 1999 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING ACCEPTANCE OF THE SUGGESTED MODIFICATIONS FROM THE CALIFORNIA COASTAL COMMISSION (LCP-5- NPB-14-0831-3) AND CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2012-002, COASTAL LAND USE PLAN AMENDMENT NO. LC2012-001, ZONING CODE AMENDMENT NO. CA2012-003 FOR THE FORMER CITY HALL COMPLEX LAND USE AND ZONING AMENDMENTS (PA2012-031) LOCATED AT 3300 NEWPORT BOULEVARD AND 475 32ND ST. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: STATEMENT OF FACTS 1. On April 24, 2012, the City of Newport Beach initiated amendments of the General Plan, Coastal Land Use Plan (CLUP), and Zoning Code (Amendments) with respect to the former City Hall Complex (Property), legally described in Exhibit A, located at the northeast corner of the intersection of Newport Boulevard and 32nd Street at 3300 Newport Boulevard and 475 32nd Street. 2. The Amendments would change the land use categories and zoning district from Public Facilities to Mixed Use. Additionally, the CLUP amendment would modify Policy 4.4.2-1 allowing buildings to exceed the 35 -foot Shoreline Height Limit. 3. On September 9, 2014, in the City Hall Council Chambers, at 100 Civic Center Drive, Newport Beach, California, the City Council held a public hearing to consider the Amendments and a Final Environmental Impact Report prepared for the project. A notice of the time, place and purpose of the hearing was provided in accordance with CEQA and the Newport Beach Municipal Code. 4. On September 9, 2014, the City Council adopted Resolution No. 2014-80 certifying the Lido House Hotel Final Environmental Impact Report No. ER2014-003 (SCH No. 201 31 1 1 022) to be in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and City Council Policy K-3. 5. On September 9, 2014, the City Council adopted Resolution No. 2014-81 approving General Plan Amendment No. GP2012-002 and Coastal Land Use Plan Amendment No. LC 2012-001. These amendments were adopted contingent upon the approval by the California Coastal Commission. 6. On September 23, 2014, the City Council adopted Ordinance No. 2014-16 adopting Zoning Code Amendment No. CA2013-003. 7. On September 24, 2014, the City of Newport Beach submitted Coastal Land Use Plan Amendment No. LC 2012-001 (LCP-5-NPB-14-0831-3) to the California Coastal Commission. 8. On October 7, 2015, the California Coastal Commission certified the City's application request (LCP-5-NPB-14-0831-3) with suggested modifications to the proposed CLUP 21-96 Resolution No. 1999 Page 2 of 19 land use category and Policy 4.4.2-1. The suggested modifications changed the proposed CLUP land use category from Mixed -Use to Visitor -Serving Commercial, Lido Village. This change in policy language allows for the same range of allowed commercial uses as the City -approved amendment and prohibits all forms of timeshares or fractional ownership visitor accommodations the allowed uses. The modification also does not increase development intensity beyond what the City authorized. The suggested modifications to CLUP Policy 4.4.2-1 provided increased setbacks from streets and limited the area and size of structures that could exceed 35 feet in height. The modification of CLUP Policy 4.4.2-1 is more restrictive than the City -approved amendment but still allow the proposed Lido House Hotel. 9. On November 5, 2015, the Planning Commission held a public hearing in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California to modifications of the Amendments as a result of the Coastal Commission's action. A notice of the time, place and purpose of the aforesaid hearing was provided in accordance with Newport Beach Municipal Code. Evidence both written and oral was presented to and considered by the Planning Commission during the aforesaid hearing. NOW, THEREFORE, BE IT RESOLVED: 1. The suggested modifications to the CLUP amendment and the corresponding and consistent changes to the General Plan and Zoning Code are minor in nature and do not change intended uses or increase development intensity. The suggested modifications related to building height are more restrictive than the previously approved CLUP and Zoning Code amendments. The changes to the amendments do not represent a significant change to the Lido House Hotel project as considered in the certified Lido House Hotel EIR (SCH No. 2013111022). Therefore, all significant environmental concerns for the proposed changes to the land use and zoning amendments have been addressed in the previously certified environmental document. 2. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of General Plan Amendment No. GP2012-002 as depicted in Exhibit B, Coastal Land Use Plan Amendment No. LC2012-001 as depicted in Exhibit C, and Zoning Code Amendment No. CA 2012-003 as depicted in Exhibit D, which are attached hereto and incorporated by reference. PASSED, APPROVED AND ADOPTED THIS 5T" DAY OF NOVEMBER, 2015. AYES: Brown, Lawler, Weigand and Zak NOES: None ABSTAIN: Hillgren ABSENT: Koetting, Kramer Kory Kramer, Chairman BY: Peter Koetting, Secretary 21-97 1*:1:11-3111r_1 Legal Description LEGAL DESCRIPTION: Resolution No. 1999 Page 3 of 19 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 THAT PORTION OF LOTS 3, 6 AND 7 IN SECTION 28, TOWNSHIP 6 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT FILED IN THE DISTRICT LAND OFFICE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF "THE HUDSON" WITH THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 21 IN BLOCK 431 OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0'44'30" WEST ALONG SAID NORTHERLY PROLONGATION 400.00 FEET; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY LINE AND LOT 1 IN BLOCK "A" OF SAID LANCASTER'S ADDITION TO NEWPORT BEACH 461.53 FEET TO A POINT IN THE EASTERLY LINE OF SAID CENTRAL AVENUE, AS SHOWN ON TRACT NO. 108, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 1 OF SAID MISCELLANEOUS MAPS; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID CENTRAL AVENUE 401.79 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY OF SAID LOT 1 AND SAID NORTHERLY LINE OF "THE HUDSON" 495.33 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED IN THE DEED ATTACHED TO THAT CERTAIN RESOLUTION NO. 3284 OF THE CITY COUNCIL OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1404, PAGE130 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 2 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF SAID OFFICIAL RECORDS. PARCEL 2 - BEGINNING BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH", AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE EASTERLY ALONG THE NORTHERLY LINE OF WASHINGTON AVENUE, NOW KNOWN AS 32ND STREET, TO THE INTERSECTION WITH THAT PORTION OF THE BULKHEAD LINE ESTABLISHED BY THE WAR DEPARTMENT IN 1936 AND SHOWN ON THE WAR DEPARTMENT MAP OF NEWPORT BAY SHOWING HARBOR LINE, EXTENDING BETWEEN BULKHEAD STATION NO.124 AND BULKHEAD STATION NO.125; THENCE NORTH 27'30'00" WEST ALONG SAID BULKHEAD LINE TO ITS INTERSECTION WITH THE NORTHERLY LINE OF "THE HUDSON" AS SHOWN ON SAID MAP OF LANCASTER'S ADDITION; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID "THE HUDSON" 21-98 Resolution No. 1999 Page 4 of 19 TO THE NORTHEAST CORNER OF LOT 1 OF SAID BLOCK"A"; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID LOTS 1 AND 2 TO THE POINT OF BEGINNING. PARCEL 3 - THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGES 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION OF THE 20.00 FOOT ALLEY AS VACATED BY RESOLUTION NO. 3280 OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, A CERTIFIED COPY OF WHICH RECORDED MARCH 11, 1946 IN BOOK 1400, PAGE 189 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 90.00 FEET; THENCE NORTH 40'47'07" WEST 170.97 FEET TO A POINT IN THE WESTERLY LINE OF SAID 20.00 FOOT ALLEY; THENCE SOUTH 0'44'30" EAST ALONG THE WESTERLY LINE OF SAID ALLEY 220.89 FEET TO THE SOUTHWESTERLY CORNER OF TRACT NO. 907, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGES 25 TO 36 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE NORTH 89'15'30" EAST ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 907 AND SAID LOT 3, A DISTANCE OF 110.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO THE GRIFFITH COMPANY RECORDED JUNE 15, 1953 IN BOOK 2520, PAGE 577 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: THAT PORTION OF LOT 3 OF TRACT NO. 1117, AS SHOWN ON A MAP RECORDED IN BOOK 35, PAGE 48 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 3; THENCE NORTH 0'44'30" WEST 74.46 FEET ALONG THE EAST LINE OF SAID LOT TO THE MOST SOUTHERLY CORNER OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO THE GRIFFITH COMPANY RECORDED MARCH 23, 1948 IN BOOK 1741, PAGE 174 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 40'47'07" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LAND OF GRIFFITH COMPANY, A DISTANCE OF 69.945 FEET; THENCE NORTH 89'15'30" EAST 45.00 FEET TO THE EAST LINE OF SAID LOT 3; THENCE SOUTH 0'44'30" EAST 53.54 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 5: LOTS ONE (2) AND TWO (2) IN BLOCK "A" OF "LANCASTER'S ADDITION TO NEWPORT BEACH' AS SHOWN ON A MAP RECORED IN BOOK 5, PAGE 14 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA 21-99 Resolution No. 1999 Page 5 of 19 I�:1:11-3�i-3 General Plan Amendment No. GP2012-002 (PA2012-031) A. Amend Table LU1 of the Land Use Element of the General Plan to add the following land use category: "Visitor-Servinq Commercial, Lido Village (CV -LV) The CV -LV category is intended to allow for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach. A fire station is allowed in its current location. Limited Use Overnight Visitor Accommodations and residences are not allowed." B. Amend Table LU -2 to add Anomaly Location #85 as shown in the following table: Table LU2 AnornaIV Locations Anomaly Statistical Land Use Development Limits(other)Additionallnformation Development Limit Number Area Designation Accessory commercial floor area is allowed in conjunction with a hotel and it is included within 85 B5 CV -LV 98,725 sf of hotel the hotel development limit. Municipal facilities are not restricted or included in any development limit. All existing provisions within Table LU -2 remain unchanged 21-100 Resolution No. 1999 Page 6 of 19 C. Amend Figure LU6 (Land Use Map) as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: All related maps or diagrams within the General Plan shall be amended to maintain consistency with the new land use category and Anomaly Location #85 as shown above. Additionally, any maps or diagrams within the General Plan that label the site as "City Hall" shall be removed from the General Plan. Labeling the new City Hall site as "City Hall" on any General Plan map or diagram is also authorized. 21-101 Planning Commission Resolution No. 1999 Page 7 of 19 EXHIBIT C Coastal Land Use Plan Amendment No. LC2012-001 (PA2012-031) A. Amend the Table 2.1.1-1 of the Coastal Land Use Plan add the following land use category: TableCategories Land Use Category Uses Density/Intensity The CV -L V category is intended to allow for a range of accommodations (e.g. hotels, 98,725 gross square feet not CV -LV motels, hostels), goods, and services including a fire station. A fire Visitor -Serving intended to primarily serve visitors to the station may not occupy more Commercial — City of Newport Beach. A fire station is than 10% of the total project Lido Village allowed in its current location. Limited Use site. Overnight Visitor Accommodations and residences are not allowed. All other existing provisions within Table 2.1.1-1 remain unchanged. 21-102 Planning Commission Resolution No. 1999 Page 8 of 19 B. Amend Coastal Land Use Plan Map 1, Figure 2.1.5-1, as it relates to 3300 Newport Boulevard & 475 32nd Street only as depicted in the following diagram: All related maps or diagrams within the Coastal Land Use Plan shall be amended to maintain consistency with the new land use category as shown above. Additionally, any maps or diagrams within the Coastal Land Use Plan that label the site as "City Hall" shall be removed from the Coastal Land Use Plan. Labeling the new City Hall site as "City Hall" on any Coastal Land Use Plan map or diagram is also authorized. 21-103 Planning Commission Resolution No. 1999 Page 9 of 19 C. Amend Coastal Land Use Policy 4.4.2-1 to add the following exception site: "Former City Hall Complex at 3300 Newport Blvd and 475 32nd Street (the site): • At least 75% of the total area of the site shall be 35 feet in height or lower. • Buildings and structures up to 55 feet in height with the peaks of sloping roofs and elevator towers up to 60 feet in height, provided it is demonstrated that development does not adversely impact public views. • Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. • Buildings and structures over 35 feet in height, including architectural features, shall not occupy more than 25 percent of the total area of the site. • Buildings and structures over 45 feet in height, architectural features, shall not occupy more than 15 percent of the total area of the site. • With the exception of a fire station, all buildings and structures over 35 feet in height, including architectural features, shall be setback a minimum of 60 feet from the Newport Boulevard right-of-way and 70 feet from the 32nd Street right- of-way. • A fire station may be located in its current location and may be up to 40 feet in height. A fire station may include architectural features up to 45 feet in height to house and screen essential equipment." 21-104 Planning Commission Resolution No. 1999 Page 10 of 19 1*:1:1W19W, Section 1: Amend Section 20.14.020 (Zoning Districts Established) to add and establish the "CV -LV" Zoning District within Table 1-1 as follows with all other existing provisions of Section 20.14.020 and Table 1-1 remaining unchanged. Table 1-1 Commercial Zoning Districts Zoning Map Zoning Districts General Plan Land Use Designations Symbol Implemented by Zoning Districts CV -LV Commercial Visitor -Serving, CV -LV (Visitor -Serving Commercial - Accessory commercial floor area is allowed in conjunction with a hotel and it is included within the hotel development limit. Municipal facilities are not restricted or included in any development limit. Lido Village Lido Village) Section 2: Amend Section 20.20.010 (Purposes of Commercial Zoning Districts) to add Subsection J as follows with all other existing provisions of Section 20.20.010 remaining unchanged: J. The CV -LV (Commercial Visitor -Serving -Lido Village) zoning district. This district applies to the former City Hall complex located at the northeast corner of the intersection of Newport Boulevard and 32nd Street. The CV -LV designation provides for a range of accommodations (e.g. hotels, motels, hostels), goods, and services intended to primarily serve visitors to the City of Newport Beach and a fire station. Limited Use Overnight Visitor Accommodations and residential uses are not allowed. Section 3: Amend Section 20.14.010 (Zoning Map Adopted by Reference) to change the zoning district of 3300 Newport Boulevard and 475 32nd Street from PF (Public Facilities) to CV -LV (Commercial Visitor-Serving—Lido Village) and establish Anomaly #85 as depicted in the following table and map. All related zoning maps or diagrams shall be amended to maintain consistency with the new zoning district. Additionally, any maps or diagrams within Zoning Code that label the site as "City Hall," said label shall be removed from the Zoning Map and labeling the site of the new City Hall located at 100 Civic Center Drive as "City Hall" on any Zoning Map or diagram is authorized. Anomaly Development Limit s Development Limit (Other) Additional Information Number 85 98,725 sf of hotel Accessory commercial floor area is allowed in conjunction with a hotel and it is included within the hotel development limit. Municipal facilities are not restricted or included in any development limit. 21-105 Planning Commission Resolution No. 1999 Page 11 of 19 Q mu- 1 31 ST ST s� VIT11 U-7 ] i __j L 75-� - 5=rFl Sr, L ,i 'fti�k W■ 0 150 300 �ti.�'rnymmmmmmimzzzz=Feet Zoning Code Amendment pp CA2012-003 p DocumentNama' PA2412 031Gade Amendment CV LV Lido Nouse 21-106 Planning Commission Resolution No. 1999 Page 12 of 19 Section 4: Amend Subsection C of Section 20.20.020 (Commercial Zoning Districts Land Uses and Permit Requirements) to add allowed uses and establish permit requirements for the CV -LV zoning district within Table 2-5 as highlighted in yellow as follows with all other existing provisions of Section 20.20.020 remaining unchanged. Commercial Retail Zoning Districts Permit Requirements TABLE 2-5 P Permitted by Right ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) Not allowed * Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. CC CG CM CN CV CV -LV Specific Use p Regulations Industry, Manufacturing and Processing, and Warehousing Uses Handicraft Industry P P P P P P Recreation, Education, and Public Assembly Uses Assembly/Meeting Facilities CUP CUP CUP CUP CUP CUP Commercial Recreation and Entertainment CUP CUP CUP CUP CUP CUP Cultural Institutions P P MUP P Schools, Public and Private CUP CUP CUP CUP — Retail Trade Uses Alcohol Sales (off sale) MUP MUP MUP MUP MUP MUP Section 20.48.030 Alcohol Sales (off sale), Accessory Only P P P P P P Bulk merchandise P P Marine Rentals and Sales Boat Rentals and Sales CUP CUP CUP P Marine Retail Sales P P P P P Retail Sales P P P P — Visitor -Serving Retail P P P Service Uses—Business, Financial, Medical, and Professional ATM P P P P P P Emergency Health Facility/Urgent Care (above I st floor only) MUP MUP MUP — 21-107 Planning Commission Resolution No. 1999 Page 13 of 19 21-108 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. CC CG CM CN CV CV -LV Specific Use Regulations See Chapter 20.12 for unlisted uses. Financial Institutions and Related P P — P P P Services Offices—Corporate (above 1st P P P P — — floor only) Offices—Business P P P P P P Offices—Medical and Dental P P — P P Offices—Professional (above 1st P P P P P floor only) Outpatient Surgery Facility MUP MUP P (above 1 st floor only) Service Uses—General Ambulance Services — MUP — — — — Animal Sales and Services Animal Boarding/Kennels CUP CUP — CUP — — Section 20.48.050 Animal Grooming P P — P P — Section 20.48.050 Animal Retail Sales P P — P P — Section 20.48.050 Veterinary Services CUP CUP CUP Section 20.48.050 Artists' Studios P P P P P P Catering Services — P P P P — Day Care, General MUP MUP MUP MUP Eating and Drinking Establishments Accessory Food Service P P P P P P Section (open to public) 20.48.090 Bars, Lounges, and CUP CUP CUP CUP CUP — Section Nightclubs 20.48.090 Fast Food (no late hours) P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section (1)(2) 20.48.090 21-108 Planning Commission Resolution No. 1999 Page 14 of 19 21-109 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV -LV Regulations See Chapter 20.12 for unlisted uses. Fast Food (with late hours) MUP MUP MUP MUP MUP MUP Section (1) 20.48.090 Food Service (no alcohol, no P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section late hours) (1)(2) 20.48.090 Food Service (no late hours) MUP MUP MUP MUP MUP MUP Section (1) 20.48.090 Food Service (with late CUP CUP CUP CUP CUP CUP Section hours) (1) 20.48.090 Take -Out Service, Limited P/MUP P/MUP P/MUP P/MUP P/MUP P/MUP Section (2) 20.48.090 Funeral Homes and Mortuaries, — MUP — — — — without crematorium Funeral Homes and Mortuaries, — CUP — — — with crematorium Health/Fitness Facilities Small -2,000 sq. ft. or less P P P P P P Large—Over 2,000 sq. ft. MUP MUP MUP MUP MUP — Laboratories — P — — — Maintenance and Repair Services P P — P — Marine Services Boat Storage — — CUP — Boat Yards — — CUP — Entertainment and — P P P Title 17 Excursion Services Marine Service Stations — CUP CUP Water Transportation — MUP MUP Services Massage Establishments MUP MUP — MUP MUP MUP Chapter 5.50 Section 20.48.120 Massage Services, Accessory MUP MUP — MUP MUP MUP Section 21-109 Planning Commission Resolution No. 1999 Page 15 of 19 TABLE 2-5 ALLOWED USES AND PERMIT REQUIREMENTS Commercial Retail Zoning Districts Permit Requirements P Permitted by Right CUP Conditional Use Permit (Section 20.52.020) MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for land use definitions. See Chapter 20.12 for unlisted uses. CC CG CM CN CV CV -LV Specific Use Regulations 20.48.120 Nail Salons P P P P P Personal Services, General P P P P P Personal Services, Restricted MUP MUP MUP MUP Studio P P P P Postal Services P P P P Printing and Duplicating Services P P P Recycling Facilities Collection Facility—Small MUP MUP — MUP — — Section 20.48.160 Smoking Lounges Visitor Accommodations Bed and Breakfast Inns MUP MUP MUP — MUP CUP Section 20.48.060 Hotels and Motels CUP CUP CUP — CUP CUP RV Parks — — CUP — Time Share Facilities CUP — CUP — Section 20.48.220 SRO Residential Hotel CUP CUP CUP CUP CUP — Transportation, Communications, and Infrastructure Uses Communication Facilities MUP P MUP — P P Marinas Title 17 Marina Support Facilities — — MUP — MUP — Parking Facilities MUP MUP MUP MUP MUP MUP Parking Structure, adjacent to residential zoning district CUP CUP — CUP CUP CUP 21-110 Planning Commission Resolution No. 1999 Page 16 of 19 21-111 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV -LV Regulations See Chapter 20.12 for unlisted uses. Utilities, Minor P P P P P P Utilities, Major CUP CUP CUP CUP CUP CUP Wireless Telecommunication CUP/MUP/L CUP/MUP/L CUP/MUP/L CUP/MUP/L CUP/MUP/ CUP/MUP/ Chapter Facilities TP TP TP TP LTP LTP 20.49 Vehicle Rental, Sale, and Service Uses Vehicle/Equipment Rentals General — CUP CUP Office Only P P P P P Limited P P P P Vehicles for Hire — CUP CUP Vehicle/Equipment Repair General — CUP — Limited MUP MUP MUP Vehicle/Equipment Sales General CUP Office Only P P P P P Limited P Vehicle/Equipment Services Automobile — MUP MUP MUP — Washing/Detailing, full service Automobile P P — P MUP — Washing/Detailing, self- service or accessory Service Stations CUP CUP — CUP CUP — Section 20.48.210 Other Uses rp 21-111 Planning Commission Resolution No. 1999 Page 17 of 19 * Uses Not Listed. Land uses that are not fisted in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. 21-112 Commercial Retail Zoning Districts Permit Requirements P Permitted by Right TABLE 2-5 ALLOWED USES AND CUP Conditional Use Permit (Section 20.52.020) PERMIT REQUIREMENTS MUP Minor Use Permit (Section 20.52.020) LTP Limited Term Permit (Section 20.52.040) — Not allowed Land Use See Part 7 of this title for Specific Use land use definitions. CC CG CM CN CV CV -LV Regulations See Chapter 20.12 for unlisted uses. Accessory Structures and Uses P P P P P P Drive -Through Facilities MUP MUP MUP MUP MUP7— Section 20.48.080 Special Events Chapter 11.03 Outdoor Storage and Display P P P P P MUP Section 20.48.140 Temporary Uses LTP LTP LTP LTP LTP LTP Section 20.52.040 * Uses Not Listed. Land uses that are not fisted in the table above, or are not shown in a particular zoning district, are not allowed, except as otherwise provided by Section 20.12.020 (Rules of Interpretation). (1) Late Hours. Facilities with late hours shall mean facilities that offer service and are open to the public past 11:00 p.m. any day of the week. (2) Permitted or Minor Use Permit Required. a. A minor use permit shall be required for any use located within five hundred (500) feet, property line to property line, of any residential zoning district. b. A minor use permit shall be required for any use that maintains late hours. 21-112 Planning Commission Resolution No. 1999 Page 18 of 19 Section 5: Amend 20.22.030 (Commercial Zoning Districts General Development Standards) to add development standards for the CV -LV zoning district within Table 2-7 as highlighted in yellow as follows with all other existing provisions of Section 20.20.030 remaining unchanged. 21-113 Additional Development Feature CC CG CM CN CV CV -LV Requirements Lot Dimensions Minimum dimensions required for each newly created lot Lot Area (1) 5,000 sq. ft. 10,000 sq. ft. N/A 20,000 sq. ft. N/A 10,000 sq. ft. Lot Width 25 ft. 50 ft. N/A 100 ft. N/A 50 ft. Setbacks Minimum setbacks required for primary structures. See Section 20.30.110(D) (Allowed Encroachments into Setback Areas) for setback measurement, allowed projections into setbacks, and exceptions. Front 0 0 0 0 0 Newport Blvd: 1 ft. for below grade structures 20 ft. for structures up to 35 feet in height 60 ft. for structures over 35 feet in height Side (interior, each): Abutting 0 0 0 0 0 1 ft. for below nonresidential grade structures 5 ft. for above grade structures Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Side (Street side) 0 0 0 0 0 32nd Street: 1 ft. for below grade structures 1 ft. for structures up to 35 feet in height 70 ft. for structures over 35 feet in height (4) Via Oporto: 0 Rear: Abutting an alley M ft. 10 ft. I 0 ft. 10 ft. 10 ft. 5 ft. Not abutting an 0 0 0 0 0 0 alley Abutting residential 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. 5 ft. Open Space N/A N/A N/A N/A N/A 20% Bulkhead Setback Structures shall be set back a minimum of 10 ft. from the bulkhead in each zoning district. Floor Area Ratio (2) (3) The specific floor area limitations for each zoning district are identified on the Zoning Map. Height Maximum allowable height of structures without discretionary approval. See Section 20.30.060 (Height Limits and Exceptions) for height measurement requirements. See Section 20.30.060(C) (Increase in Height Limit) for possible increase in height limit. Within Shoreline Height 26 ft. with flat roof; less than 3/12 pitch 55 ft. with flat 20.30.060 21-113 Planning Commission Resolution No. 1999 Page 19 of 19 Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 (Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) Setbacks to 32"d Street do not apply to Fire Station No. 2 (5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. (6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. 21-114 Additional Development Feature CC CG CM CN CV CV -LV Requirements Limit Zone 31 ft. with sloped roof; 3/12 or greater pitch roof, less than 3/12 roof pitch See CLUP Policy 60 ft. with sloped 4.4.2-1 roof, 3/12 roof pitch or greater (5)(6) N/A Not within Shoreline 32 ft. with flat roof; less than 3/12 pitch Height Limit Zone 37 ft. with sloped roof; 3/12 or greater pitch Within High Rise Height Area (See Figure H-1, 300 N/A attached to the ordinance codified in this title). Fencing See Section 20.30.040 (Fences, Hedges, Walls, and Retaining Walls). Landscaping See Chapter 20.36 (Landscaping Standards). Lighting See Section 20.30.070 (Outdoor Lighting). Outdoor Storage/Display See Section 20.48.140 (Outdoor Storage, Display, and Activities). Parking See Chapter 20.40 (Off -Street Parking). Signs See Chapter 20.42 (Sign Standards). Notes: (1) All development and the subdivision of land shall comply with the requirements of Title 19 (Subdivisions). (2) In the CG Zoning District, when 0.3/0.5 is shown on the Zoning Map, the FAR may be increased to a maximum of 0.5 when two or more legal lots are merged to accommodate larger commercial development projects in compliance with General Plan Policy LU 6.19.13 and Title 19 (Subdivisions). (3) Portions of legal lots that are submerged lands or tidelands shall be included in the land area of the lot for the purpose of calculating the allowable floor area for structures. (4) Setbacks to 32"d Street do not apply to Fire Station No. 2 (5) Architectural features such as domes, towers, cupolas, spires, and similar structures may be up to 65 feet in height. (6) Fire Station No. 2 may be up to 40 feet in height and may include architectural features up to 45 feet in height to house and screen essential equipment. 21-114 Attachment G FiiN Program Proposal 21-115 FEM FiiN - Fostering interest in Nature The City has a rich history in recreational boating and a strong sense of environmental stewardship. The City is home to the largest recreational boating harbor on the west coast and environmental stewardship is exemplified by the preservation of the Upper Newport Bay estuary, an ecological preserve and marine protected area. The City's participation in the Coastal Orange County NCCP/HCP is also a shining example of the City's commitment to preserving coastal habitats. The City constantly looks for additional opportunities to carry on these traditions through stringent implementation of water quality regulations and by providing appropriate educational and recreational programs through its tide pool and junior lifeguard programs. The City is host many organizations that presently provide recreational and educational activities to the community and visitors alike The Coastal Act §30213 requires that lower-cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred. The possibilities to combine the City's recreation and environmental traditions with the provision of lower-cost opportunities are the guiding force for the following new program. FiiN implements §30213 by providing lower-cost opportunities to inland, non-profit groups or Title 1 elementary schools. The overall goal is to provide funds to support programs that allow students to experience the California Coast in Newport Beach through a recreation and educational program that includes overnight accommodations. In summary, the program will provide a 4 day camp -like educational and recreational experience to disadvantaged groups or schools that may not have had an opportunity to visit the coast before. The following items provide a framework for program development that will undergo further refinement in furtherance of the overall program goal. Endowment Establishment: 1. The City will establish an endowment with $975,000 to be known as the "Fostering interest in Nature Endowment." By creating an Endowment, the long-term and ongoing viability of the program will be further assured; however, additional Endowment funds will be necessary to sustain the program beyond a pilot program. 2. The Endowment will be used for the purpose of funding and supporting a new or expanded, lower-cost visitor and recreational program for inland, non-profit groups or Title 1 elementary schools principally serving disadvantaged or lower income families. The program and/or facilities supported by the Endowment will continue to operate depending on the availability of investment income. Reasonable administrative expenses of the City or program operators may be expensed to the Endowment fund. Only a portion of the interest or earnings from the Endowment, typically 5%, may be spent on an annual basis in furtherance of the purpose of the Endowment in order to assure that the original funds will grow over time. The Endowment and interest income from the Endowment may not be used for any other purpose. June 2015 o��,E Nc�Rr a b r � CN! IFUHN�P 1 21-117 FUN - Fostering interest in Nature 3. The Endowment will be established before the end of 2015, and the City will seek additional contributions to the Endowment from the California Coastal Commission, developers, community groups, and philanthropists to achieve an appropriate fund balance to sustain the anticipated annual operating budget for the program(s). Program Components: 1. Location. Newport Dunes Waterfront Resort (Dunes) located at 1131 Back Bay Road, Newport Beach. The program has the support of the ownership and management of the Dunes. 2. Educational and Recreational Activities. The program will include an educational component focusing on ocean safety, coastal and marine ecology, coastal hazards, and/or other coastal -related topics. The program will also include opportunities for water - oriented recreational activities such as kayaking, boating, swimming or surfing, etc. Examples and potential partners include: • Marine Protected Area Cruise - Crystal Cove Alliance • Whale Watching Cruise - Newport Landing and Sport Fishing • Tidepool Exploration Program - City of Newport Beach Recreation • Marine Life Inventory - CA Department of Fish and Wildlife • Outrigger Tour of Upper Newport Bay - Newport Bay Conservancy • Ocean Literacy Center - ExplorOcean • Marine & Ocean Safety - City of Newport Beach Lifeguards 0.'0' June 2015 2 Imm 21-118 FUN - Fostering interest in Nature 3. Overnight Group Accommodations. Lower-cost overnight accommodations will be accommodated at Newport Dunes. Tents, yurts, or the existing cabin structures may be used to accommodate groups within the existing recreational vehicle campsites or other appropriate areas under the control of the Dunes Resort. It is envisioned that group stays would be 4 days and overnight supervision will be provided by the participating group or school. 4. Meals — The Newport Dunes has existing kitchen and catering facilities that can provide three meals (and snacks) per day to group participants. 5. Transportation. It is envisioned that once the groups arrive at the location by bus or car, transportation during their stay to various recreational and educational activities in and around Newport Bay will be provided by watercraft; however, other forms of transportation may also be used. 6. Local Partnerships. The Program Administrators will seek out partnerships with existing local service providers, businesses, non-profit groups, schools, and properties to provide recreation and education services and facilities appropriate for the program. �aEW�ar e June 2015 3 u � r cg4conN`¢ 21-119 FUN - Fostering interest in Nature 7. Other Considerations. Transportation costs, parking fees, meals, or other forms of support may be provided on a case-by-case basis to ensure a reduced overall cost of the experience to a participating group. 8. Target Beneficiaries. The initial goal is to serve multiple qualified groups of 30-40 elementary students and chaperones between February to May, or at other times of the year if appropriate. Groups or schools would be from inland areasTypically outdoor education programs offered through schools operate during a 12 week time period (February through May); however, if the program is successful, other times during the year may be considerable if they do not significantly conflict with peak utilization of the Dunes Resort. Program Commencement Programs and/or physical facilities deemed necessary will be established and operating within 24 months of the date of the issuance of a Coastal Development Permit for the Lido House Hotel. If the program is not operating within this time period, the Endowment will be terminated and the initial deposit of $975,000 will be remitted to the California Coastal Commission in support of providing lower-cost accommodations or recreational programs in Newport Beach or Crystal Cove State Park, unless an extension of time is granted by the Coastal Commission Deputy Director. June 2015 4 . F�EWpOa'' e u � r cg4conN`¢ 21-120 FiiN - Fostering interest in Nature Program Administration 1. Administration. Under the direction of the City Manager, the Newport Beach Recreation and Senior Services Department will administer the program consistent with the Local Coastal Program and applicable laws. However, administration may be transferred to a non-profit foundation or organization designed to take over long-term administration of the Endowment and its programs. 2. Annual Report. An annual report to the City Council shall be made which includes the program accomplishments, number of participants served, finances, and other relevant information. Upon completion of the City Council's review, the annual report shall be transmitted to the Deputy Director of the California Coastal Commission. June 2015