The URL can be used to link to this page

Home My WebLink About03 - Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091)PRT CITY OF NEWPORT BEACH o e <,FORN'P City Council Staff Report November 7, 2016 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director - 949-644-3232, kbrandt@newportbeachca.gov PREPARED BY: James Campbell, Principal Planner PHONE: 949-644-3210, icampbell(a7newportbeachca.gov TITLE: Second Reading of Ordinance No. 2016-16 for the Newport Harbor Yacht Club Reconstruction - 720 West Bay Avenue (PA2012-091) ABSTRACT: Second reading of Ordinance No. 2016-16 modifying the effective dates of City Council Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 regarding a replacement clubhouse for the Newport Harbor Yacht Club. RECOMMENDATION: a) Find the adoption of the ordinance exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines; and b) Conduct second reading and adopt Ordinance No. 2016-16, An Ordinance of the City Council of the City of Newport Beach, California, Modifying the Effective Dates of City Council Resolution No. 2014-19, Resolution No. 2094-20, and Ordinance No. 2094-6 Regarding a Replacement Clubhouse for the Newport Harbor Yacht Club Located at 720 West Bay Avenue (PA2012-091). DISCUSSION: On October 25, 2016, the City Council introduced and passed to second reading the attached ordinance modifying the effectiveness of City Council Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 allowing the previously approved replacement clubhouse for the Newport Harbor Yacht Club to proceed to construction. 3-1 Second Reading of Ordinance No. 2016-16 for the Newport Harbor Yacht Club, Clubhouse Replacement November 7, 2016 Page 2 ENVIRONMENTAL REVIEW: In February 2014, the City Council found the approval of the project categorically exempt pursuant to Section 15302, of the CEQA Guidelines - Class 2 (Replacement or Reconstruction), which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with only a minor increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. Staff recommends the City Council find this action exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment for the reasons cited previously. NOTICING: 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). ATTACHMENT: Attachment A - Ordinance No. 2016-16 3-2 Attachment A Ordinance No. 2016-16 3-3 ORDINANCE NO. 2016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, MODIFYING THE EFFECTIVE DATES OF CITY COUNCIL RESOLUTION NO. 2014-19, RESOLUTION NO. 2014-20, AND ORDINANCE NO. 2014-6 REGARDING A REPLACEMENT CLUBHOUSE FOR THE NEWPORT HARBOR YACHT CLUB LOCATED AT 720 WEST BAY AVENUE (PA2012- 091) WHEREAS, an application was filed by Newport Harbor Yacht Club, with respect to property located at 720 West Bay Avenue, 800 West Bay Avenue, 711-721 West Bay Avenue, and 710-720 West Balboa Boulevard, and legally described as Lot 169, Block A, East Newport Tract; Lot 37, Tract 0884; Lots 8-24, Block 5, East Newport Tract requesting approval of a General Plan Amendment No. GP2012-003, Coastal Land Use Plan Amendment No. LC2012-003, Zoning Code Amendment No. CA2012-006, Minor Use Permit No. UP2012-016, and Planned Development Permit No. PL2012-002 for the demolition of an existing yacht clubhouse facility and construction of a new replacement 23,163 square foot facility (Project); WHEREAS, on February 25, 2014, the City Council of the City of Newport Beach (City Council) adopted Resolution No. 2014-19 approving General Plan Amendment No. GP2012-003 and Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, Section 4.5 of Resolution No. 2014-19 stipulates the approval of these amendments shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 2014-20 approving Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 for the replacement yacht club facility. Resolution No. 2014-20 also rescinded Variance No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645. Section 4.3 of Resolution No. 2014-20 specifies that these actions shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, on March 11, 2014, the City Council adopted Ordinance No. 2014-6 approving Zoning Code Amendment No. CA2012-006; WHEREAS, Section 4.4 of Ordinance No. 2014-6 specifies that the ordinance shall take effect upon certification of the Coastal Land Use Plan Amendment No. LC2012-003; WHEREAS, the City Council found the approval of the Project categorically exempt pursuant to California Environmental Quality Act (CEQA) Section 15302 (Class 2, Replacement and Reconstruction) of the CEQA Guidelines, California Code of 3-4 Ordinance No. 2016-## Page 2 of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption allows for the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics; WHEREAS, Coastal Land Use Plan Amendment No. LC2012-003 was submitted by the Community Development Department to the California Coastal Commission (CCC) for consideration (GCC Application No. LCP-5-NPB-14-061 1 -1); WHEREAS, the Newport Harbor Yacht Club filed an application with the CCC for a Coastal Development Permit (CDP) to authorize the construction of a new clubhouse to replace the existing clubhouse authorized by the City of Newport Beach (City) by Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 (CDP No. 5-15-1459); WHEREAS, it was determined that the proposed new replacement clubhouse did not require the certification of Coastal Land Use Plan Amendment No. LC2012-003, and on September 8, 2015, the City withdrew CCC Application No. LCP-5-NPB-14-0611-1. As a result, Coastal Land Use Plan Amendment No. LC2012-003 was never certified by the CCC; WHEREAS, on March 10, 2016, the CCC approved CDP No. 5-15-1459 for the demolition of the existing clubhouse and the construction of a replacement clubhouse facility for the Newport Harbor Yacht Club. The CDP also included temporary clubhouse facilities for use during construction; WHEREAS, the Project requires the approval of General Plan Amendment No. GP2012-003, Zoning Code Amendment No, CA2014-006, Minor Use Permit No. UP2012-016 and Planned Development Permit No. PL2012-002 including the rescinding of Variance No. VA0863, Use Permit No. UP0652, Use Permit No. UP1517, and Use Permit No. UP3645 authorized by Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6; and WHEREAS, the City Council desires to make Resolution No. 2014-19, Resolution No. 2014-20 and Ordinance No. 2014-6 effective without the certification of Coastal Land Use Plan Amendment No. LC2012-003 (CCC Application No. LCP-5- NPB-14-0611-1). NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subpart 5, in Section 4 (DECISION) of Resolution No. 2014-19 is hereby amended to read: 3-5 Ordinance No. 2016-## Page 3 of _ "These actions shall become final and effective upon the effective date of Ordinance No. 2016--." Section 2: Subpart 3, in Section 4 (DECISION) of Resolution No. 2014-20 is hereby amended to read: "These actions shall become final and effective upon the effective date of Ordinance No. 2016--." Section 3: Subpart 4, in Section 4 (DECISION) of Ordinance No. 2014-6 is hereby amended to read: "The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become final and effective upon the effective date of Ordinance No. 2016--." Section 4: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Except as expressly modified herein, all other parts of Resolution No. 2014-19, Resolution No. 2014-20, and Ordinance No. 2014-6 shall remain unchanged and in effect. Section 5: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the introduction and adoption of this ordinance exempt pursuant to CEQA Section 15302 (Class 2, Replacement and Reconstruction) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The Class 2 exemption allows for the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. The existing building would be demolished and a new facility would be constructed with approximately the same building footprint with a 27 percent increase in floor area. The existing yacht club use would remain the same, with minimal or no proposed changes in the use, membership, or operational characteristics. Additionally, the City Council finds this action is 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 3-6 Ordinance No. 2016- Page 01E-Page 4 of 4 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. Section 7: 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 pursuant to City Charter Section 414. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 251h day of October, 2010, and adopted on the 8th day of November, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Diane B. Dixon, MAYOR LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY AT EE 'S OFFICE AARON C` -HARP, CITY ATTORNEY 3-7